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 person who had acquired the
estate, as his brother Wycherly and himself. Had there been descendants
of females, even, to interfere, no such opinion would have existed; but,
as between an escheat, or a devise in favour of a filius nillius, or
of the descendant of a filius nullius, the half-blood possessed every
possible advantage. In his legal eyes, legitimacy was everything,
although he had not hesitated to be the means of bringing into the world
seven illegitimate children, that being the precise number Martha had
the credit of having borne him, though three only survived. After
reflecting a moment, therefore, he turned to the baronet, and addressed
him more seriously than he had yet done, in the present dialogue; first
taking a draught of cordial to give him strength for the occasion.
"Listen to me, brother Wycherly," said the judge, with a gravity that at
once caught the attention of the other. "You know something of the
family history, and I need do no more than allude to it. Our ancestors
were the knightly possessors of Wychecombe, centuries before King James
established the rank of baronet. When our great-grandfather, Sir
Wycherly, accepted the patent of 1611, he scarcely did himself honour;
for, by aspiring higher, he might have got a peerage. However, a baronet
he became, and for the first time since Wychecombe was Wychecombe, the
estate was entailed, to do credit to the new rank. Now, the first Sir
Wycherly had three sons, and no daughter. Each of these sons succeeded;
the two eldest as bachelors, and the youngest was our grandfather. Sir
Thomas, the fourth baronet, left an only child, Wycherly, our father.
Sir Wycherly, our father, had five sons, Wycherly his successor,
yourself, and the sixth baronet; myself; James; Charles; and Gregory.
James broke his neck at your side. The two last lost their lives in the
king's service, unmarried; and neither you, nor I, have entered into the
holy state of matrimony. I cannot survive a month, and the hopes of
perpetuating the direct line of the family, rests with yourself. This
accounts for all the descendants of Sir Wycherly, the first baronet; and
it also settles the question of heirs of entail, of whom there are none
after myself. To go back beyond the time of King James I.: Twice did the
elder lines of the Wychecombes fail, between the reign of King Richard
II. and King Henry VII., when Sir Michael succeeded. Now, in each of
these cases, the law disposed of the succession; the youngest branches
of the family, in both instances, getting the estate. It follows that
agreeably to legal decisions had at the time, when the facts must have
been known, that the Wychecombes were reduced to these younger lines.
Sir Michael had two wives. From the first we are derived—from the
last, the Wychecombes of Hertfordshire—since known as baronets of that
county, by the style and title of Sir Reginald Wychecombe of
Wychecombe-Regis, Herts."
"The present Sir Reginald can have no claim, being of the half-blood,"
put in Sir Wycherly, with a brevity of manner that denoted feeling. "The
half-blood is as bad as a nullius, as you call Tom."
"Not quite. A person of the half-blood may be as legitimate as the
king's majesty; whereas, a nullius is of no blood. Now, suppose for a
moment, Sir Wycherly, that you had been a son by a first wife, and I had
been a son by a second—would there have been no relationship between
us?"
"What a question, Tom, to put to your own brother!"
"But I should not be your own brother, my good sir; only your half
brother; of the half, and not of the whole blood."
"What of that—what of that?—your father would have been my father—we
would have had the same name—the same family history—the same family
feelings—poh! poh!—we should have been both Wychecombes, exactly as
we are to-day."
"Quite true, and yet I could not have been your heir, nor you mine. The
estate would escheat to the king, Hanoverian or Scotchman, before it
came to me. Indeed, to me it could never come."
"Thomas, you are trifling with my ignorance, and making matters worse
than they really are. Certainly, as long as you lived, you would be my
heir!"
"Very true, as to the £20,000 in the funds, but not as to the baronetcy
and Wychecombe. So far as the two last are concerned, I am heir of
blood, and of entail, of the body of Sir Wycherly Wychecombe, the first
baronet, and the maker of the entail."
"Had there been no entail, and had I died a child, who would have
succeeded our father, supposing there had been two mothers?"
"I, as the next surviving son."
"There!—I knew it must be so!" exclaimed Sir Wycherly, in triumph; "and
all this time you have been joking with me!"
"Not so fast, brother of mine—not so fast. I should be of the whole
blood, as respected our father, and all the Wychecombes that have gone
before him; but of the half-blood, as respected you. From our father
I might have taken, as his heir-at-law: but from you, never, having
been of the half-blood."
"I would have made a will, in that case, Thomas, and left you every
farthing," said Sir Wycherly, with feeling.
"That is just what I wish you to do with Sir Reginald Wychecombe. You
must take him; a filius nullius, in the person of my son Tom; a
stranger; or let the property escheat; for, we are so peculiarly placed
as not to have a known relative, by either the male or female lines; the
maternal ancestors being just as barren of heirs as the paternal. Our
good mother was the natural daughter of the third Earl of Prolific; our
grandmother was the last of her race, so far as human ken can discover;
our great-grandmother is said to have had semi-royal blood in her veins,
without the aid of the church, and beyond that it would be hopeless to
attempt tracing consanguinity on that side of the house.
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