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"I don't know that I can say that, altogether," Desmond said; "for, if it had been known that James O'Carroll had left an heir, his estates would certainly have been confiscated; whereas, owing to his brother's turning Protestant, and joining the Williamites, he was allowed to keep possession of them. I can understand now what seemed so strange, namely, that he feared I might somehow learn that I was his nephew, and heir to the estates. Therefore, he behaved as if I was the son of a stranger, and when I was old enough, sent me off to join the Irish Brigade, in hopes that he had seen the last of me; for, even if not killed, I should never be able to set foot in Ireland again after fighting for France. 'Tis strange that none of my father's brother officers ever made any enquiries about it."
"They all went with the army to France, sir. They knew, of course, that the child was born, though they may never have seen you, for the mistress never left her bed after you were born. Naturally, after her death they lost sight of me, and might well have believed that the child had died."
"You must give me the names of all the officers who came to the house, Mrs. Rooney. Many of them may be alive still, and their testimony that a child was born would be most important, for at present there is only your word against John O'Carroll's."
"There is more than that, sir. You were baptized on the day she died. My mistress gave me the paper the priest had given to her, saying that it was of the greatest importance to you, and that I was to give it to Mr. John O'Carroll when, as I promised, I took the child to him."
"And did you give it him?" Desmond asked eagerly.
"No, your honour. I took it with me to the castle, but from the reception I got, I thought it best to say nothing about it, but to give it to yourself when you were old enough. I have got it at home now. There it is, certifying that Gerald O'Carroll, the son of James O'Carroll and his wife Elizabeth, was baptized by him on the 6th of September, 1692."
"That is fortunate, indeed," Desmond exclaimed. "And now, tell me how this uncle of mine received you."
"Faith, your honour, he was mightily put out, at first. He said that I was an impostor, and that he would have me given in charge. I told him that I had proofs that what I said was true, and that there were many gentlemen, brother officers of Mr. James, who would speak for me, and say in court that a son was born to his brother before he died. He wanted to get out of me what proofs I had, and who were the officers; but I told him that was my business. Then he cooled down, and after a time he said that, if he were to let it be known that Mr. James had left a son, the estate would surely be confiscated, seeing that his father died as a rebel fighting against the king; but that, as soon as the persecutions had ceased, and it would be safe to do so, he would say who the child was, and give him his rightful place. That seemed reasonable enough, and so I left you with him, and have always supposed that he kept his word; and that, as soon as it was safe, he acknowledged you to be master of your father's estate."
"And now, Mrs. Rooney, I must think matters over, and see how I had best proceed. I feel how much I owe to you, and, if I recover my estates, you shall see that I am not ungrateful. Will you come again tomorrow morning, and bring with you the certificate of my baptism, and all the names that you can recollect of the officers who were intimate with my father?"
Chapter 20: Gerald O'Carroll
Mike, who had remained silent during the conversation between his sister and Desmond, returned to the room after seeing her out.
"Well, Mike, you have rendered me many services, but this is the greatest of all. Little did I think, when you said you had found your sister, and that she was coming to me this morning, that she would be able to clear up the mystery of my birth, and to place me in a position to prove myself a son of James O'Carroll. I do not say that I shall regain the estates. My having been in the Brigade will certainly render it difficult for me to do so, though possibly, with the patronage of Lord Godolphin, I may succeed. For that, however, I care comparatively little. My object, in coming here, was to obtain proof that I belong to a good Irish family, and that I have no doubt I shall be able to establish."
"And what am I to call you, your honour, now that I know you are Captain Gerald O'Carroll, and not Desmond Kennedy, at all?"
"At any rate, I must remain Desmond Kennedy at present, Mike. It is under that name that my safe conduct was made out, and if I were arrested as Gerald O'Carroll, it would be no protection to me. However, I shall not want to use it long, for it seems to me that my first step must be to return to France, and to see some of the officers who knew my father, and were aware of my birth. Their testimony would be of great value, and without it there would be little chance of your sister's evidence being believed."
"But there is the paper, your honour."
"Yes; that will show that a child was born, but the proof that I am that child rests entirely with your sister. It might have died when its mother did, and they would say that your sister was trying to palm off her own child, or someone else's, as his. Of course, Mrs. Callaghan would be able to prove that your sister arrived immediately after the surrender of Limerick, bringing a child with her, and that she said it was the son of James O'Carroll; and that she went a year later to Kilkargan, and left it there with John O'Carroll. Moreover, I could get plenty of evidence, from those on the estate, that I was the child so left."
"The likeness that Norah saw between you and your father might be taken as a proof, sir."
"I did not think of that, Mike. Yes, if some of these officers will also testify to the likeness, it will greatly strengthen my case. The chain of evidence seems pretty strong. First, there is the certificate of my baptism, your sister's declaration that I was entrusted to her by my mother on her deathbed, supported by Mrs. Callaghan's declaration that three weeks later she arrived in Cork with the child, which she told her was that of James O'Carroll; your sister's declaration that she took me to Kilkargan and handed me over to my uncle, which would be supported by the evidence of the woman he first placed me with; while the servants of the castle could prove that I was brought by a woman who, an hour later, left the castle without speaking to anyone but my uncle.
"John O'Carroll will find it difficult to explain why he took me in, and who is the Kennedy of whom I was the son, and what service he had rendered for him, a Protestant and a Williamite, to have undertaken the charge of the child of a rebel. There is no doubt that the weight of evidence is all on my side, but whether the judges would decide in favour of the son of a rebel, as against a friend of the English party, is doubtful. Possibly Lord Godolphin's influence might be exerted in my favour. He promised in his letter to me to do me any service in his power. Still, even if I lose the estate, which I may well do on the ground of my father having fought and died for the cause of James the Second, I should still have the satisfaction of establishing my name, which I consider of more importance than the estates."
"Sure, your honour, it's a grand thing to belong to a good old Irish stock; but for myself, I would rather be Mike Callaghan and have a fine estate, than Mike O'Neil without an acre of land."
Desmond smiled.
"There is common sense in what you say, Mike, but there is nothing more unpleasant than, when you are with a number of Irish gentlemen or Spanish grandees, who are equally proud of their ancestors, to be unable to give any account of your family, or even to be sure that you have a right to the name that you bear."
"Well, your honour, it is a matter of taste. As for myself, if the whisky is good, it makes no differ to me whether they call it Cork or Dublin, or whether it is made up in the mountains and has sorra a name at all."
The next morning, Mrs. Rooney returned with the certificate of baptism, and a list containing some twenty names of officers who had been frequent visitors at James O'Carroll's. Among these Desmond, to his satisfaction, found Arthur Dillon, Walter Burke, Nicholas Fitzgerald, and Dominic Sheldon, all of whom now held the rank of general in the French service, and to all of whom he was personally known, having met them either when with Berwick or in Spain.
"Those names are good enough," he said. "And if they can testify to my likeness to my father, it will go a long way towards furnishing proof, when required. All of them entered the service under the provisions of the treaty of Limerick, and therefore their testimony cannot be treated as that of traitors; and their names must be as well known in England as in France.
"Now, Mike, our business here is, for the present, concluded. I shall at once return to France, see all these officers who are still alive, and obtain, if possible, their recognition. As I have a year's leave, I can travel about as I choose. Then I shall decide whether I shall commence an action in the courts, or whether I shall first go over to England, see Lord Godolphin, explain the circumstances to him, and ask for his protection and patronage.
"I suppose the case would be tried at Dublin, where the judges are all creatures of England, and there can be no doubt that a notification, from Godolphin, that he considered my claim to be a good one, and was favourable to it, would have no slight influence with them; and would counteract, to some extent, the fact of my uncle's being a Protestant, and what they would consider a loyal man. Before beginning an action, I should certainly communicate with my uncle, and call upon him to resign in my favour; for I would avoid the scandal of proving an O'Carroll to be a scoundrel, as well as a traitor. As it has turned out, the step which he thought would disembarrass him of me has had the other effect, for, if I had not gone out to France, I should never have been troubled by questions about my family; and should not have met you, Mike, or known of the existence of your sister, the only person who could clear up the matter.
"I shall begin to think what O'Neil and O'Sullivan used to say, that my luck would carry me through anything; and certainly, at present, it has been marvellous."
"Which way will we go back, your honour?"
"Not the way we came, if we can help it. We were nearly a month coming from Genoa, and might have been twice as long, if the wind had not been fairly favourable. I think our best plan will be to take passage by sea to London. There we shall have no difficulty in finding a vessel bound for Rotterdam, or the Hague. Then we will buy horses, and ride along by the Rhine. If we can get through Luxembourg into France we will do so, but I think it will perhaps be best to go on through Switzerland, and pass the frontier somewhere near Lyons, where we shall be but a short distance from Berwick's headquarters in Dauphiny."
A month later, they rode into the duke's camp. They had, on leaving Toulon, packed up their uniforms and sent them to the care of a friend on the general's staff. To his quarters they first went, and having changed his civilian costume for a military one, Desmond waited on the duke.
"Why, Captain Kennedy," the duke said, in surprise; "I did not look to see you again, so soon. Have you been over to Ireland?"
"I have, sir, and though there only a few days, gained information that necessitated my return here. I have found out that the name I go by is not mine, and that my proper name is Gerald O'Carroll."
"The son of Major James O'Carroll, who fought by my side at the Boyne, and was through the first siege of Limerick with me! That explains it. Your face has often puzzled me. It seemed to me that I recognized it, and yet I could not recall whose face it was that it resembled so strongly. Now you tell me, I know at once. Your father, when I first knew him, was a few years older than you are; but he had the same figure, face, and expression.
"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.
"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.
