Chapter IV: Part 4
On the 17th of August Mr. Bell sailed for England, and proceeded to Castle Donnington, where he had a very unsatisfactory interview with a solicitor named Dalby, who had long been in the employment of the Hastings family. Bit by bit, however, he picked up information, and every addition seemed to render the claim of the Enniskillen captain stronger, until at last Bell drew up a case which met the unqualified approval of Sir Samuel Romilly, who said, "I do not conceive that it will be necessary to employ counsel to prepare the petition which is to be presented to the Prince-Regent. All that it will be requisite to do is to state that the first earl was created by letters-patent to him and the heirs-male of his body; and the fact of the death of the last Earl of Huntingdon having left the petitioner the heir-male of the body of the first earl, surviving him, together with the manner in which he makes out his descent; and to pray that his Royal Highness will be pleased to give directions that a writ of summons should issue to call him up to the House of Lords." A petition was accordingly prepared in this sense, and was submitted to the Attorney-General, Sir Samuel Shepherd, who made the recommendation as suggested. After the Attorney-General's report had received the approbation of the Lord Chancellor, the Prince-Regent signed the royal warrant, and Captain Hastings took his place in the House of Lords as Earl of Huntingdon.
REBOK--THE COUNTERFEIT VOLDEMAR, ELECTOR OF BRANDENBURG.
Voldemar II., Marquis and Elector of Brandenburg, actuated by a fit of devotion, set out from his dominions in 1322 on a pilgrimage to the Holy Land, leaving his brother John IV. to rule in his absence. He left no clue as to his intended route; but simply announcing his purpose of visiting the sacred shrines of Palestine, started on his journey accompanied by only two esquires. Four-and-twenty days after his departure his brother John sickened and died--not without suspicions of foul play--and Louis of Bavaria, then possessing the empire, presented the electorate to his own eldest son as a vacant fief of Germany. The change was quietly effected; but in 1345 a man suddenly appeared as from the dead, proclaiming himself the missing Voldemar, and demanding the restoration of his rights. He was of about the same age as the elector would have been, and the story which he told of captivity among the Saracens was sufficient to account for any perceptible change in his gait and appearance, and in the colour of his hair. Those who were interested in opposing his claim stoutly asserted that he was a miller of Landreslaw, called Rebok, and that he was a creature of the Duke of Saxony, who coveted the Brandenburgian possessions, and who, being a relative of the family, had thoroughly instructed him as to the private life of Voldemar. His plausibility, and the accuracy of his answers, however, led many persons of influence to believe that he was no counterfeit. The Emperor Charles IV. (of Bohemia), the Primate of Germany, the Princes of Anhalt, and the Dukes of Brunswick, Pomerania, Mecklenburg, and Saxony, all supported his pretensions; the most of the nobility of the marquisate acknowledged him to be their prince; and the common people, either touched with the hardships he was said to have suffered, or wearied of Bavarian rule, lent him money to acquire his rights and drive out Louis. All the cities declared for him except Frankfort-on-the-Oder, Spandau, and Brisac, and war was at once begun. The victory at first rested with the so-called Voldemar; many of the towns opened their gates to him; and his rival Louis fled to his estates in the Tyrol, leaving the electorate to his two brothers--a disposition which was confirmed by the Emperor Charles IV. in 1350. There are two versions of the death of Voldemar. Lunclavius asserts that he was finally captured and burnt alive for his imposture; while De Rocoles maintains that he died at Dessau in 1354, nine years after his return, and was buried in the tombs of the Princes of Anhalt. The general impression, however, is that he was an impostor.
ARNOLD DU TILH--THE PRETENDED MARTIN GUERRE.
There are few cases in the long list of French _causes célèbres_ more remarkable than that of the alleged Martin Guerre. This individual, who was more greatly distinguished by his adventures than by his virtues, was a Biscayan, and at the very juvenile age of eleven was married to a girl called Bertrande de Rols. For eight or nine years Martin and his wife lived together without issue from their marriage, notwithstanding masses said, consecrated wafers eaten by the wife and charms employed by the husband to drive away the bewitchment under which he supposed himself to labour. But in the tenth year after the marriage a son was born, and was named Sanxi. The father's joy was of brief duration; for having been guilty of defrauding his own father of a quantity of corn, he was compelled to abscond to avoid the paternal rage and the probable consequences of a prosecution. It was at first intended that he should only stay away until the family difficulty blew over. But Martin, once gone, was not so easily persuaded to come back, and eight long years elapsed before his wife saw his face. At the end of that time he suddenly returned, and was received with open arms by Bertrande, who was congratulated by her husband's four sisters, his uncle, and her own relations. The re-united pair lived together at Artigues for three years in apparent peace and happiness, and during this period two children were born to them. But suddenly the wife Bertrande appeared before the magistrates of Rieux, and lodged a complaint against her husband, praying "that he might be condemned to make satisfaction to the king for a breach of his laws; to demand pardon of God, the king, and herself, in his shirt, with a lighted torch in his hand; declaring that he had falsely, rashly, and traitorously imposed upon her in assuming the name and passing himself upon her for Martin Guerre."
The affair created no small stir in the neighbourhood, and the gossips were driven to their wits' end to explain it. Some asserted that, either through an old grudge or a recent quarrel, she had adopted this method of getting quit of her husband, while others maintained that she was naturally a woman of undecided character and opinions, and that, as at first she had been easily persuaded that this man was her husband, she had acted latterly on the suggestions and advice of Peter Guerre, her husband's uncle, who pretended to have discovered that he was an impostor, and had recommended her to apply to the authorities. The accused himself staunchly maintained that the charge was the result of a conspiracy between his wife and his uncle, and that the latter had contrived the plot with a view to possess himself of his effects. That no doubt might remain as to his identity he gave an outline of his personal history from the time of his flight from home to the time of his arrest, stating the reasons which induced him to leave his wife in the first instance, and his adventures during his absence. He said that for seven or eight years he had served the king in the wars; that he had then enlisted in the Spanish army; and that, having returned home, longing to see his wife and children, he had been welcomed without hesitation by his relations and acquaintances, and even by Peter Guerre, notwithstanding the alteration which time and camp-life had made in his appearance. He declared, moreover, that his uncle had persistently quarrelled with him since his return, that blows had frequently been exchanged between them, and that thus an evil _animus_ had been created against him.
In answer to the interrogatories of the judge, he unhesitatingly told the leading circumstances of his earlier life, mentioning trivial details, giving prominent dates glibly, and showing the utmost familiarity with petty as with important matters of family history. As far as his marriage was concerned, he named the persons who were present at the nuptials, those who dined with them, their different dresses, the priest who performed the ceremony, all the little circumstances that happened that day and the next, and even named the people who presided at the bedding. And, as if the official interrogatory were not sufficiently complete, he spoke, of his own accord, of his son Sanxi, and of the day he was born; of his own departure, of the persons he met on the road, of the towns he had passed through in France and Spain, and of people with whom he had become acquainted in both kingdoms.
Nearly a hundred and fifty witnesses were examined in the cause, and of these between thirty and forty deposed that the accused really was Martin Guerre; that they had known him and had spoken to him from his infancy; that they were perfectly acquainted with his person, manner, and tone of voice; and that, moreover, they were convinced of his identity by certain scars and marks on his person.
On the other hand, a greater number of persons asserted as positively that the man before them was one Arnold du Tilh, of Sagais, and was commonly called Pansette; while nearly sixty of the witnesses--who had known both men--declared that there was so strong a resemblance between these two persons that it was impossible for them to declare positively whether the accused was Martin Guerre or Arnold du Tilh.
In this dilemma the judge ordered two inquiries--one with regard to the likeness or unlikeness of Sanxi Guerre to the accused, and the other as to the resemblance existing between the child and the sisters of Martin Guerre. It was reported that the boy bore no resemblance to the prisoner, but that he was very like his father's sisters, and upon this evidence the judge pronounced the prisoner guilty, and sentenced him to be beheaded and quartered.
But the public of the neighbourhood not being so easily satisfied as the criminal judge of Rieux, and unable to comprehend the grounds of the decision, became clamorous, and an appeal was made on behalf of the convict to the Parliament of Toulouse. That Assembly ordered the wife (Bertrande de Rols) and the uncle (Peter Guerre) to be confronted separately with the man whom they accused of being an impostor, and when the parties were thus placed face to face, the so-called Arnold du Tilh maintained a calm demeanour, spoke with an air of assurance and truth, and answered the questions put to him promptly and correctly. On the other hand, the confusion of Peter Guerre and Bertrande de Rols was so great as to create strong suspicions of their honesty. New witnesses were called, but they only served to complicate matters; for out of thirty, nine or ten were convinced that the accused was Martin Guerre, seven or eight were as positive that he was Arnold du Tilh, and the rest would give no distinct affirmation either one way or another.
When the testimony came to be analysed, it was seen that forty-five witnesses, in all, had asserted in the most positive terms that the man presented to them was not Guerre, but Du Tilh, which they said they were the better able to do, because they had known both men intimately, had eaten and drank with them, and conversed with them at intervals from the days of their common childhood. Most of these witnesses agreed that Martin Guerre was taller and of a darker complexion, that he was of slender make and had round shoulders, that his chin forked and turned up, his lower lip hung down, his nose was large and flat, and that he had the mark of an ulcer on his face, and a scar on his right eyebrow, whereas Arnold du Tilh was a short thickish man who did not stoop, although at the same time similar marks were on his face.
Among others who were called was the shoemaker who made shoes for the undisputed Martin Guerre, and he swore that Martin's foot was three sizes larger than that of the accused. Another declared that Martin was an expert fencer and wrestler, whereas this man knew little of manly exercises; and many deponed "that Arnold du Tilh had from his infancy the most wicked inclinations, and that subsequently he had been hardened in wickedness, a great pilferer and swearer, a defier of God, and a blasphemer: consequently in every way capable of the crime laid to his charge; and that an obstinate persisting to act a false part was precisely suitable to his character."
But the opinion on the other side was quite as firm. Martin Guerre's four sisters had no hesitation in declaring that the accused was their brother, the people who were present at Martin's wedding with Bertrande de Rols deposed in his favour, and about forty persons in all agreed that Martin Guerre had two scars on his face, that his left eye was bloodshot, the nail of his first finger grown in, and that he had three warts on his right hand, and another on his little finger. Similar marks were shown by the accused. Evidence was given to show that a plot was being concocted by Peter Guerre and his sons-in-law to ruin the new comer, and the Parliament of Toulouse was as yet undecided as to its sentence, tending rather to acquit the prisoner than affirm his conviction, when most unexpectedly the real Martin Guerre appeared on the scene.
He was interrogated by the judges as to the same facts to which the accused had spoken, but his answers, although true, were neither so full nor satisfactory as those which the other man had given. When the two were placed face to face, Arnold du Tilh vehemently denounced the last arrival as an impostor in the pay of Peter Guerre, and expressed himself content to be hanged if he did not yet unravel the whole mystery. Nor did he confine himself to vituperation, but cross-questioned Martin as to private family circumstances, and only received hesitating and imperfect answers to his questions. The commissioners having directed Arnold to withdraw, put several questions to Martin that were new, and his answers were very full and satisfactory; then they called for Arnold again, and questioned him as to the same points, and he answered with the same exactness, "so that some began to think there was witchcraft in the case."
It was then directed, since two claimants had appeared, that the four sisters of Martin Guerre, the husbands of two of them, Peter Guerre, the brothers of Arnold du Tilh, and those who recognised him as the real man, should be called upon and obliged to fix on the true Martin. Guerre's eldest sister was first summoned, and she, after a momentary glance, ran to the new comer and embraced him, crying, as the report goes, "Oh, my brother Martin Guerre, I acknowledge the error into which this abominable traitor drew me, and also all the inhabitants of Artigues." The rest also identified him; and his wife, who was the last of all, was as demonstrative as the others. "She had no sooner cast her eyes on Martin Guerre than, bursting into tears, and trembling like a leaf, she ran to embrace him, and begged his pardon for suffering herself to be seduced by the artifices of a wretch. She then pleaded for herself, in the most innocent and artless manner, that she had been led away by his credulous sisters, who had owned the impostor; that the strong passion she had for him, and her ardent desire to see him again, helped on the cheat, in which she was confirmed by the tokens that traitor had given, and the recital of so many peculiarities which could be known only to her husband; that as soon as her eyes were open she wished that the horrors of death might hide those of her fault, and that she would have laid violent hands on herself if the fear of God had not withheld her; that not being able to bear the dreadful thought of having lost her honour and reputation, she had recourse to vengeance, and put the impostor into the hands of justice;" and, moreover, that she was as anxious as ever that the rascal should die.
Martin, however, was not to be moved by her appeals, alleging that "a wife has more ways of knowing a husband than a father, a mother, and all his relations put together; nor is it possible she should be imposed on unless she has an inclination to be deceived;" and even the persuasions of the commissioners could not move him from his decision.
The doubts being at last dissipated, the accused Arnold du Tilh was condemned "to make _amende honorable_ in the market-place of Artigues in his shirt, his head and feet bare, a halter about his neck, and holding in his hands a lighted waxen torch; to demand pardon of God, the king, and the justice of the nation, of the said Martin Guerre, and De Rols, his wife; and this being done, to be delivered into the hands of the capital executioner, who, after making him pass through the streets of Artigues with a rope about his neck, at last should bring him before the house of Martin Guerre, where, on a gallows expressly set up, he should be hanged, and where his body should afterwards be burnt." It was further ordered that such property as he had should be devoted to the maintenance of the child which had been born to him by Bertrande de Rols.
At the same time, the court had very serious thoughts of punishing Martin Guerre, because his abandonment of his wife had led to the mischief, and his desertion of his country's flag seemed to merit censure. It was, however, finally decided that when he ran away he "acted rather from levity than malice;" and as he had entered the Spanish army in a roundabout way, and after considerable persuasion, that the loss of his leg in that service was sufficient punishment. The guilt of his wife, Bertrande de Rols, was thought even more apparent, and that a woman could be deceived in her husband was a proposition few could digest. Yet, as the woman's life-long character was good, and it spoke well for her that not only the population of Artigues, but also the man's four sisters, had shared her delusion, it was finally determined to discharge her.
Arnold de Tilh, the impostor, was carried back to Artigues for the execution of his sentence, and there made a full confession. He said that the crime had been accidentally suggested to his mind; that on his way home from the camp in Picardy he was constantly mistaken for Martin Guerre by Martin's friends; that from them he learned many circumstances respecting the family and the doings of the man himself; and that, having previously been an intimate and confidential comrade of Guerre in the army, he was able to maintain his imposture. His sentence was carried out in all its severity in 1560.
PIERRE MÊGE--THE FICTITIOUS DE CAILLE.
Scipio Le Brun, of Castellane, a Provençal gentleman, and lord of the manors of Caille and of Rougon, in 1655 married a young lady called Judith le Gouche. As is common in France, and also in certain parts of Britain, this local squire was best known by the name of his estates, and was commonly termed the Sieur de Caille. Both he and his wife belonged to the strictest sect of the Calvinists, who were by no means favourites in the country. Their usual residence was at Manosque, a little village in Provence, and there five children were born to them, of whom three were sons and two were daughters. The two youngest sons died at an early age, and Isaac, the eldest, after living to the age of thirty-two, died also.
When this Isaac, who has just been mentioned, was a lad of fifteen, his mother died, and in her will constituted him her heir, at the same time bequeathing legacies to her daughters, and granting the life interest of all her property to her husband. The King having revoked the Edict of Nantes in 1685, the Sieur de Caille quitted the kingdom with his family, which then consisted of his mother, his son Isaac, and his two daughters. The fugitives made their home in Lausanne, in Switzerland. In 1689 the French king, in the zeal of his Catholicism, issued a decree, by which he bestowed the property of the Calvinist fugitives upon their relations. The possessions of the Sieur de Caille were therefore divided between Anne de Gouche, his wife's sister, who had married M. Rolland, the _Avocat-Général_ of the Supreme Court of Dauphiné, and Madame Tardivi, a relation on his own side.
Meantime Isaac, the son of the Sieur de Caille, who was by courtesy styled the Sieur de Rougon, assiduously applied himself to his studies, and, as the result of over-work, fell into a consumption, of which he died at Vevay on the 15th of February 1696.
In March 1699, Pierre Mêge, a marine, presented himself before M. de Vauvray, the intendant of marines at Toulon, and informed him that he was the son of M. de Caille, at the same time telling the following story. He said that he had had the misfortune to be an object of aversion to his father because of his dislike to study, and because of his ill-concealed attachment to the Catholic religion; that his father had always exhibited his antipathy to him, and, while he was at Lausanne, had frequently maltreated him; that rather than submit to the paternal violence he had often run away from home, but had been brought back again by officious friends, who met him in his flight; that he had at last succeeded in making his escape, by the aid of a servant, in December 1690; that, in order to avoid recapture, and to satisfy his own desire to become a member of the Catholic Church, he had formed the design of returning into Provence; that on his homeward way he had been stopped by the Savoyard troops, who compelled him to enlist in their ranks; and that he had subsequently been captured by some French soldiers. He added that M. de Catinat, who commanded this part of the French army, and to whom he had presented himself as the son of M. de Caille, had given him a free pass; that he had arrived at Nice, and had enlisted in the Provençal militia; and that having been on duty one day at the residence of the governor, he had seen a silver goblet carried past him which bore arms of his family, and which he recognised as a portion of the plate which his father had sold in order to procure the means to fly into Switzerland. The sight of this vessel stirred up old recollections, and he burst into such a violent paroxysm of grief that the attention of his comrades was attracted, and they demanded the cause of his tears, whereupon he told them his story, and pointed out the same arms impressed on his _cachet_. This tale came to the ears of the Chevalier de la Fare, who then commanded at Nice, and after a hasty investigation he treated his subordinate with excessive courtesy, evidently believing him to be the man whom he represented himself to be.
The militia having been disbanded, the claimant to manorial rights and broad estates repaired to Marseilles, where he fell in with a woman called Honorade Venelle, who was residing with her mother and two sisters-in-law. The morality of these females seems to have been of the slightest description; and Henriade Venelle had no hesitation in yielding to a proposal of this infamous soldier that he should represent her husband, who was at the time serving his king and country in the ranks of the army. The easy spouse drew no distinctions between the real and the supposititious husband, and the latter not only assumed the name of Pierre Mêge, but collected such debts as were due to him, and gave receipts which purported to bear his signature. In 1695 he enlisted under the name of Mêge, on board the galley "La Fidèle"--a ship in which the veritable Mêge was known to have been a marine from 1676--and served for nearly three years, when he was again dismissed. In order to eke out a temporary livelihood he sold a balsam, the recipe for which he declared had been given him by his grandmother Madame de Caille. He made little by this move, and was compelled once more to enlist at Toulon; and here it was that he met M. de Vauvray, and told him his wonderful story.
The intendant of marines listened to the tale with open ears, and recommended his subordinate to make an open profession of his adhesion to the Romish Church as a first step towards the restitution of his rights. The soldier was nothing loth to accept this advice, and after being three weeks under the tutelage of the Jesuits, he publicly abjured the Calvinistic creed in the Cathedral of Toulon, on the 10th of June 1699.
In his act of abjuration he took the name of André d'Entrevergues, the son of Scipio d'Entrevergues, Sieur de Caille, and of Madame Susanne de Caille, his wife. He stated that he was twenty-three years of age, and that he did not know how to write. The falsehood of his story was, therefore, plainly apparent from the beginning. The eldest son of the Sieur de Caille was called Isaac and not André; the soldier took the name of d'Entrevergues, and gave it to the father, while the family name was Brun de Castellane; he called his mother Susanne de Caille, whereas her maiden name was Judith le Gouche. He said that he was twenty-three years of age, while the real son of the Sieur de Caille ought to have been thirty-five; and he did not know how to write, while numerous documents were in existence signed by the veritable Isaac, who was distinguished for his accomplishments.
News of this abjuration having spread abroad, it reached Sieur de Caille, at Lausanne, who promptly forwarded the certificate of his son's death, dated February 15, 1696, to M. de Vauvray, who at once caused the soldier to be arrested. M. d'Infreville, who commanded the troops at Toulon, however, pretended that de Vauvray had no authority to place soldiers under arrest, and the question thus raised was referred from one to another, until it came to the ears of the king. The following answer was at once sent:--
"The King approves the action of M. de Vauvray in arresting
and in placing in the arsenal the soldier of the company of
Ligondés, who calls himself the son of the Sieur de Caille.
His Majesty's commands are, that he be handed over to the
civil authorities, who shall take proceedings against him,
and punish him as his imposture deserves, and that the
affidavits of the real de Caille shall be sent to them."
The soldier was accordingly conveyed to the common prison of Toulon, and was subsequently interrogated by the magistrates. In answer to their inquiries, he said that he had never known his real name; that his father had been in the habit of calling him d'Entrevergues de Rougon de Caille; that he believed he really was twenty-five years old, although two months previously he had stated his age to be twenty-three; that he had never known his godfather or his godmother; that only ten years had elapsed since he left Manosque; that he did not know the name of the street nor the quarter of the town in which his father's house was situated; that he could not tell the number of rooms it contained; and that even if he were to see it again he could not recognise it. In his replies he embodied the greater part of his original story, with the exception of the episode with regard to Honorade Venelle, respecting which he was prudently silent. He said that he neither recollected the appearance nor the height of his sister Lisette, nor the colour of her hair; but that his father had black hair and a black beard, and a dark complexion, and that he was short and stout. (The Sieur de Caille had brown hair and a reddish beard, and was pale complexioned.) He did not know the height nor the colour of the hair of his aunt, nor her features, although she had lived at Lausanne with the son of the Sieur de Caille. He could not remember the colour of the hair, nor the appearance, nor the peculiarities of his grandmother, who had accompanied the family in its flight into Switzerland; and could not mention a single friend with whom he had been intimate, either at Manosque, or Lausanne, or Geneva.
One would have supposed that this remarkable display of ignorance would have sufficed to convince all reasonable men of the falsity of the story, but it was far otherwise. The relatives of de Caille were called upon either to yield to his demands or disprove his identity; and M. Rolland, whose wife, it will be remembered, had obtained a large portion of the property, appeared against him. Twenty witnesses were called, of whom several swore that the accused was Pierre Mêge, the son of a galley-slave, and that they had known him for twenty years; while the others deposed that he was not the son of the Sieur de Caille, in whose studies they had shared. The soldier was very firm, however, and very brazen-faced, and demanded to be taken to the places where the real de Caille had lived, so that the people might have an opportunity of recognising him. Moreover, he deliberately asserted that while he was in prison M. Rolland had made two attempts against his life. He was conducted, according to his request, to Manosque, Caille, and Rougon, and upwards of a hundred witnesses swore that he was the man he represented himself to be. The court was divided; but, after eight hours' consideration, twelve out of the twenty-one judges of the Supreme Court of Provence pronounced in his favour, and several of M. Rolland's witnesses were ordered into custody to take their trial for perjury.
Three weeks after this decision the soldier married the daughter of the Sieur Serri, a physician, who had privately supplied the funds for carrying on the case. This girl's mother was a cousin of one of the judges, and it soon came to be more than hinted that fair play had not been done. However, the soldier took possession of the Caille property, and drove out the poor persons who had been placed in the mansion by Madame Rolland.
Honorade Venelle, the wife of Pierre Mêge, who had preserved silence during the proceedings, now appeared on the scene, all her fury being roused by the marriage. She made a declaration before a notary at Aix, in which she stated that she had unexpectedly heard that Pierre Mêge had been recognised as the son of the Sieur de Caille, and had contracted a second marriage; and affirmed upon oath, "for the ease of her conscience and the maintenance of her honour," that he was her real husband, that he had been married to her in 1685, and that he had cohabited with her till 1699; therefore she demanded that the second marriage should be declared void. The judges, zealous of their own honour, and provoked that their decision should be called in question, gave immediate orders to cast her into prison, which was accordingly done.
The authorities at Berne meantime, believing that the decision of the Provençal Court, which had paid no attention to the documents which they had forwarded from Lausanne and Vevay, to prove the residence and death of the son of the Sieur de Caille in Switzerland was insulting, addressed a letter to the King, and the whole affair was considered by his Majesty in council at Fontainebleau. After the commissioners, to whom the matter was referred, had sat nearly forty times, they pronounced judgment. The decision of the court below was upset; the soldier was deprived of his ill-acquired wealth, was ordered to pay damages, was handed over to the criminal authorities for punishment, while the former holders were restored to possession of the property.
MICHAEL FEYDY--THE SHAM CLAUDE DE VERRE.
At the beginning of the seventeenth century, a French gentleman, named Guy de Verré, lived with his wife and two sons at Saumur. Claude, the elder of these children, who had a peculiar scar on his brow (which had been left by a burn), at an early age expressed a strong desire to become a soldier, and his father accordingly procured an ensigncy for him in the regiment of Clanleu. In 1638 Claude de Verré left the paternal mansion to join his regiment; and from that date till 1651 nothing was heard of him. In the latter year, however, one of the officers of a regiment which had been ordered to Saumur presented himself at the chateau of Chauvigny, which was occupied by Madame de Verré, now a widow; and no sooner had he appeared than Jacques, the second son, observed his perfect resemblance to his missing brother. He communicated his suspicions to his mother, who was overwhelmed with delight, and without consulting more than her emotions, addressed the stranger as her son. At first the officer feebly protested that he did not enjoy that relationship, but, seeing the lady's anxiety, he at last admitted that he was Claude de Verré, and that he had hesitated to declare himself at first until he had assured himself that his reception would be cordial after his eighteen years of absence. He had no reason to doubt the maternal love and forgiveness. From the first moment of his discovery he was acknowledged as the heir, and the happy mother celebrated his return by great rejoicings, to which all her friends and relatives were invited. He was presented to the members of the family, and they recognised him readily; although they did not fail to notice certain distinctions of feature and manner between him and the Claude de Verré who had gone to join the regiment of Clanleu. Still, as he answered all the questions which were put to him promptly and correctly, and as he sustained the character of the lost son perfectly, it was easy to suppose that absence and increasing age had effected a slight change in him, and he was received everywhere with marked demonstrations of friendship. M. de Piedsélon, a brother of Madame de Verré, alone denounced him as an impostor; but his words were unheeded, and the new comer continued to possess the confidence of the other relatives, and of the widow and her second son, with whom he continued to reside for some time.
At last the day came when he must rejoin his regiment, and his brother Jacques accompanied him into Normandy, where it was stationed, and where they made the acquaintance of an M. de Dauplé, a gentleman who had a very pretty daughter. Claude de Verré soon fell over head and ears in love with this girl, who reciprocated his passion and married him. Before the ceremony a marriage-contract was signed, and this document, by a very peculiar clause, stipulated that, in the event of a separation, the bridegroom should pay a reasonable sum to Madlle de Dauplé. Jacques de Verré signed this contract as the brother of the bridegroom, and it was duly registered by a notary. After their marriage the happy couple lived together until the drum and trumpet gave the signal for their separation, and Claude de Verré marched to the wars with his regiment.
But when released from service, instead of returning to pass the winter with his wife, he resorted once more to Chauvigny, to the house of Madame de Verré, and took his brother back. She was delighted to see him again, and on his part it was evident that he was resolved to make amends for his past neglect and his prolonged absence. Nevertheless, during his stay at the family mansion, he found time to indulge in a flirtation--if nothing worse--with a pretty girl named Anne Allard. Soon after his arrival intelligence reached Saumur of the death of the Madlle de Dauplé whom Claude had married in Normandy--an occurrence which seemed to give him the utmost sorrow, but which did not prevent him from marrying Anne Allard within a very short time, his own feelings being ostensibly sacrificed to those of his mother, who was anxious that he should settle down at home. In this instance, also, a marriage-contract was entered into, and was signed by Madame de Verré and her son Jacques. Not content with this proof of affection, the mother of Claude, seeing her eldest son thus settled down beside her, executed a deed conveying to him all her property, reserving only an annuity for herself and the portion of the second son.
For some time Claude de Verré lived peacefully and happily with Anne Allard, rejoicing in the possession of an affectionate wife, managing his property carefully, and even adding to the attractiveness and value of the family estate of Chauvigny. Two children were born of the marriage, and nothing seemed wanting to his prosperity, when suddenly a soldier of the French Gardes presented himself at Chauvigny. This man also claimed to be the eldest son of Madame de Verré, and gave a circumstantial account of his history from the time of his disappearance in 1638 to the period of his return. Among other adventures, he said that he had been made a prisoner at the siege of Valenciennes, that he had been exchanged, and that, while he was quartered in a town near Chauvigny, the news had reached him that an impostor was occupying his position. This intelligence determined him to return home at once, and, by declaring himself, to dissipate the illusion and put an end to the comedy which was being played at his expense.
The revelations of the soldier did not produce the result which he had anticipated; for, whether she was still persuaded that the husband of Anne Allard was the only and real Claude de Verré, or whether, while recognising her mistake, she preferred to leave matters as they were rather than promote a great family scandal and disturbance, Madame de Verré persisted that the new comer was not her son, for she had only two, and they were both living with her. Of course, the husband of Anne Allard had no hesitation in declaring the soldier an impostor, and Jacques de Verré united his voice to the others, and repudiated all claims to brotherhood on the part of the guardsman.
However, affairs were not allowed to remain in this position. The new arrival, rejected by those with whom he claimed the most intimate relationship, appealed to a magistrate at Saumur, and lodged a complaint against his mother because of her refusal to acknowledge him, and against the so-called Claude de Verré for usurping his title and position, in order to gain possession of the family property. When the matter was brought before him the magistrate ordered the soldier to be placed under arrest, and sent for Madame de Verré to give her version of the affair. The lady declined to have anything to do with the claimant, although she admitted that there were some circumstances which told in his favour. Her brother M. Piedsélon, however, who had refused to recognise Anne Allard's husband in 1651, was still at Saumur, and he was confronted with the claimant. The recognition between the two men was mutual, and their answers to the same questions were identical. Moreover, the new comer had the scar on his brow, which was wanting on the person of the possessor of the estate. The other relatives followed the lead of M. Piedsélon; and ultimately it was proved that the husband of Anne Allard was an impostor, and that his real name was Michael Feydy. Consequently, on the 21st of May 1657, the Criminal-Lieutenant of Saumur delivered sentence, declaring that the soldier of the Gardes was the true Claude de Verré, permitting him to take possession of the property of the deceased Guy de Verré, and condemning Michael Feydy to death.
The first part of this sentence was carried out. The new Claude took forcible possession of the mansion and estate of Chauvigny. But it was found that Michael Feydy had disappeared, leaving his wife full power to act for him in his absence. Anne Allard at once instituted a suit--not against the possessor of the estates, whom she persistently refused to acknowledge--but against Madame de Verré and her son Jacques, and petitioned that they might be compelled to put an end to the criminal prosecution which the soldier of the Gardes had instituted against her husband, to restore her to the possession and enjoyment of the mansion of Chauvigny, and the other property which belonged to her; and that, in the event of their failure to do so, they should be ordered to repay her all the expenses which she had incurred since her marriage; to grant her an annuity of two hundred livres per annum, according to the terms of her marriage-settlement; and further, to pay her 20,000 livres as damages.
At this stage another person appeared on the scene--none other than Madlle de Dauplé, whom the sham Claude had married in Normandy, and whom he had reported as dead. She also had recourse to the legal tribunals, and demanded that Madame de Verré and her second son should pay her an annuity of 500 livres, and the arrears which were due to her since her abandonment by her husband, and 1500 livres for expenses incurred by Jacques Verré during his residence with her father and mother in Normandy. The children of Anne Allard, moreover, brought a suit to establish their own legitimacy.
The Avocat-Général was of opinion that the marriage contract between Michael Feydy and Mademoiselle de Dauplé should be declared void, because there was culpable carelessness on the father's part and on the girl's part alike. He thought the marriage of Michael Feydy and Anne Allard binding, because it had been contracted in good faith. Jacques de Verré he absolved from all blame, and was of opinion that since Madame de Verré had signed the marriage-contract it was only just to make her pay something towards the support of Anne Allard and her children. The Supreme Court did not altogether adopt these conclusions. By a decree of the 31st of June 1656, it dismissed the appeals of Anne Allard and of Madeline de Dauplé. It declared the children of Michael Feydy and of Anne Allard legitimate, and adjudged to them and to their mother all the property acquired by their father, which had accrued to him by his division with Jacques de Verré, under the name of Claude de Verré, until the signature of the matrimonial agreement, and also the guarantee of the debts which Anne Allard had incurred conjointly with her husband. Madame de Verré was also condemned to pay 2000 livres to Anne Allard, under the contract which had been signed. Of Feydy himself nothing further is known.
THE BANBURY PEERAGE CASE.
Since the reign of Edward III. the family of Knollys has been distinguished in the annals of the kingdom. In those days Sir Robert Knollys, one of the companions of the Black Prince, not only proved himself a gallant soldier, but fought to such good purpose that he enriched himself with spoils, and was elevated to the distinction of the Blue Ribbon of the Garter. His heirs continued to enjoy the royal favour throughout successive reigns; and Sir Francis Knollys, one of his descendants, who likewise was a garter-knight in the earlier part of the sixteenth century, espoused Catherine Cary, a grand-daughter of the Earl of Wiltshire, and a grand-niece of Queen Anne Boleyn. Two sons were born of this marriage, and were named Henry and William respectively. Henry died before his father, and William, who was born in 1547, succeeded to the family honours in 1596. He had worn them for seven years, when King James created him Baron Knollys of Grays, in Oxfordshire, in 1603. Sixteen years afterwards, King James further showed his royal favour towards him by creating him Baron Wallingford, and King Charles made him Earl of Banbury in 1626. He was married twice during his long life--first to Dorothy, widow of Lord Chandos, and daughter of Lord Bray, but by her he had no children; and secondly, and in the same year that his first wife died, to Lady Elizabeth Howard, the eldest daughter of the Earl of Suffolk. The couple were not well-assorted, the earl verging on three-score years, while the lady had not seen her twentieth summer on the day of her nuptials. Still their married life was happy, and her youth gladdened the old man's heart, as is proved by his settlement upon her, in 1629, of Caversham, in Berkshire, and by his constituting her his sole executrix. In the settlement, moreover, he makes mention of "the love and affection which he beareth unto the said Lady Elizabeth his wife, having always been a good and loving wife;" and in the will he calls her his "dearly-beloved wife Elizabeth, Countess of Banbury." Lord Banbury died on the 25th of May 1632, having at least reached the age of eighty-five.
No inquiry was made immediately after his death as to the lands of which he died seised; but about eleven months afterwards, a commission was issued to the feodor and deputy-escheator of Oxfordshire, pursuant to which an inquisition was taken on the 11th of April 1633, at Burford, when the jury found that Elizabeth, his wife, survived him; that the earl had died without heirs-male of his body, and that his heirs were certain persons who were specified. Notwithstanding this decision there appears to have been little doubt that about the 10th of April 1627, the countess had been delivered of a son, who was baptized as Edward, and that on the 3d of January 1631, she had given birth to another son, who received the name of Nicholas. Both of these children were living when the inquisition was made. The first was born when the Earl of Banbury was in his eightieth year, and his wife between forty and forty-one years of age, and the second came into the world almost when his father was about to leave it, and when the countess was between forty and forty-five. Within five weeks after the death of the earl, her ladyship married Lord Vaux of Harrowden, who had been on terms of intimate friendship with the family during the deceased nobleman's lifetime, and it was plainly said that the children of Lady Banbury were the issue of Lord Vaux, and not of the earl.
On the 9th of February 1640-41, a bill was filed in Chancery by Edward, the eldest son, described as "Edward, Earl of Banbury, an infant," by William, Earl of Salisbury, his guardian, and brother-in-law of the Countess of Banbury. Witnesses were examined in the cause; but after a century and a-half their evidence was rejected in 1809 by the House of Lords. There was, however, a more rapid and satisfactory means of procedure. A writ was issued in 1641, directing the escheator of Berkshire "to inquire after the death of William, Earl of Banbury;" and the consequence was that a jury, which held an inquisition at Abingdon, found, with other matters, "that Edward, now Earl of Banbury, is, and at the time of the earl's decease was, his son and next heir." The young man, therefore, assumed the title, and set out on a foreign tour. He was killed during the next year near Calais, while he was yet a minor. His brother Nicholas, then about fifteen years of age, at once assumed the title. In the same year Lord Vaux settled Harrowden and his other estates upon him. His mother, the Countess of Banbury, died on the 17th of April 1658, at the age of seventy-three, and Lord Vaux departed this life on the 8th of September 1661, aged seventy-four. Meantime Nicholas had taken his seat in the House of Lords, and occupied it without question for a couple of years. The Convention Parliament having been dissolved, however, he was not summoned to that which followed it, and in order to prove his right to the peerage petitioned the Crown for his writ. This petition was heard by the Committee for Privileges, which ultimately decided that "Nicholas, Earl of Banbury, is a legitimate person."
At his death he left one son, Charles, who assumed the title of Earl of Banbury, and who petitioned the House of Lords to take his case into consideration. After thirty years' delay, occasioned by the disturbed state of the times, the so-called Lord Banbury having accidentally killed his brother-in-law in a duel, was indicted as "Charles Knollys, Esq.," to answer for the crime on the 7th of November 1692. He appealed to the House of Lords, and demanded a trial by his peers: it was therefore necessary to re-open the whole case. After a patient investigation, his petition to the House of Lords was dismissed, and it was resolved that he had no right to the earldom of Banbury. He was consequently removed to Newgate.
When he was placed before the judges, and was called upon to plead, he admitted that he was the person indicted, but pleaded a misnomer in abatement--or, in other words, that he was the Earl of Banbury. The pleas occupied, subsequently, more than a year, during which time the prisoner was admitted to bail. At last the House of Lords interfered, and called upon the Attorney-General to produce "an account in writing of the proceedings in the Court of King's Bench against the person who claims the title of the Earl of Banbury." The Attorney-General acted up to his instructions, and Lord Chief-Justice Holt was heard by the Lords on the subject. Parliament, however, was prorogued soon afterwards, and no decision was arrived at in the matter. Meantime, the Court of King's Bench proceeded to act as if no interference had been made, and quashed the indictment on the ground that the prisoner was erroneously styled "Charles Knollys" instead of "The Earl of Banbury."
When the Lords reassembled on the 27th of November 1694 they were very wroth, but, after an angry debate, the affair was adjourned, and nothing more was heard of the Banbury Peerage until the beginning of 1698, when Charles Banbury again petitioned the king, and the petition was once more referred to the House of Lords. Lord Chief-Justice Holt was summoned before the committee, and in answer to inquiries as to the motives which had actuated the judges of the King's Bench, replied, "I acknowledge the thing; there was such a plea and such a replication. I gave my judgment according to my conscience. We are trusted with the law. We are to be protected, not arraigned, and are not to give reasons for our judgment; therefore I desire to be excused giving any." Mr. Justice Eyre maintained the same dignified tone, and at length the House of Lords abandoned its fruitless struggle with the common-law Judges. The petition of Lord Banbury was subsequently laid before the Privy Council, when the sudden death of Queen Anne once more put an end to the proceedings.
When the Hanoverian princes came to the throne, Lord Banbury again tempted fate by a new petition to the Crown. Sir Philip York, the then Attorney-General, investigated the whole of the past proceedings from 1600 up to his time, and made a full report to the king, but no definite decision was given. In 1740, the claimant Charles, so-called Earl of Banbury, died in France. During his lifetime he had never ceased to bear the title he had presented five petitions to the Crown, demanding the acknowledgment of his rights, and neither he nor any of his family, during the eighty years which had elapsed from the first preferment of the claim, had ever relinquished an iota of their pretensions.
At his death Charles, the third assumed Earl of Banbury, left a son called Charles, who adopted the title, and, dying in 1771, bequeathed it to his son William, who bore it until his decease in 1776. He was, in turn, succeeded by his brother Thomas, at whose death, in 1793, it devolved upon his eldest son, William Knollys, then called Viscount Wallingford, who immediately assumed the title of Earl of Banbury, and in 1806 presented a formal petition to the Crown--a petition which was in due course referred to the Attorney-General, and was by his advice transferred to the House of Lords.
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Celebrated Claimants from Perkin Warbeck to Arthur OrtonChapter IV: Part 4
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