Man and Wife

Chapter 19

Chapter 194,131 wordsPublic domain

Geoffrey hesitated. There could be no difficulty in answering for Anne. Lady Lundie and her domestic circle had occupied Windygates for a much longer period than three weeks before the date of the lawn-party. The question, as it affected Arnold, was the only question that required reflection. After searching his memory for details of the conversation which had taken place between them, when he and Arnold had met at the lawn-party, Geoffrey recalled a certain reference on the part of his friend to a performance at the Edinburgh theatre, which at once decided the question of time. Arnold had been necessarily detained in Edinburgh, before his arrival at Windygates, by legal business connected with his inheritance; and he, like Anne, had certainly been in Scotland, before they met at Craig Fernie, for a longer period than a period of three weeks He accordingly informed Sir Patrick that the lady and gentleman had been in Scotland for more than twenty-one days--and then added a question on his own behalf: “Don’t let me hurry you, Sir--but, shall you soon have done?”

“I shall have done, after two more questions,” answered Sir Patrick. “Am I to understand that the lady claims, on the strength of the circumstances which you have mentioned to me, to be your friend’s wife?”

Geoffrey made an affirmative reply. The readiest means of obtaining Sir Patrick’s opinion was, in this case, to answer, Yes. In other words, to represent Anne (in the character of “the lady”) as claiming to be married to Arnold (in the character of “his friend”).

Having made this concession to circumstances, he was, at the same time, quite cunning enough to see that it was of vital importance to the purpose which he had in view, to confine himself strictly to this one perversion of the truth. There could be plainly no depending on the lawyer’s opinion, unless that opinion was given on the facts exactly a s they had occurred at the inn. To the facts he had, thus far, carefully adhered; and to the facts (with the one inevitable departure from them which had been just forced on him) he determined to adhere to the end.

“Did no letters pass between the lady and gentleman?” pursued Sir Patrick.

“None that I know of,” answered Geoffrey, steadily returning to the truth.

“I have done, Mr. Delamayn.”

“Well? and what’s your opinion?”

“Before I give my opinion I am bound to preface it by a personal statement which you are not to take, if you please, as a statement of the law. You ask me to decide--on the facts with which you have supplied me--whether your friend is, according to the law of Scotland, married or not?”

Geoffrey nodded. “That’s it!” he said, eagerly.

“My experience, Mr. Delamayn, is that any single man, in Scotland, may marry any single woman, at any time, and under any circumstances. In short, after thirty years’ practice as a lawyer, I don’t know what is _not_ a marriage in Scotland.”

“In plain English,” said Geoffrey, “you mean she’s his wife?”

In spite of his cunning; in spite of his self-command, his eyes brightened as he said those words. And the tone in which he spoke--though too carefully guarded to be a tone of triumph--was, to a fine ear, unmistakably a tone of relief.

Neither the look nor the tone was lost on Sir Patrick.

His first suspicion, when he sat down to the conference, had been the obvious suspicion that, in speaking of “his friend,” Geoffrey was speaking of himself. But, like all lawyers, he habitually distrusted first impressions, his own included. His object, thus far, had been to solve the problem of Geoffrey’s true position and Geoffrey’s real motive. He had set the snare accordingly, and had caught his bird.

It was now plain to his mind--first, that this man who was consulting him, was, in all probability, really speaking of the case of another person: secondly, that he had an interest (of what nature it was impossible yet to say) in satisfying his own mind that “his friend” was, by the law of Scotland, indisputably a married man. Having penetrated to that extent the secret which Geoffrey was concealing from him, he abandoned the hope of making any further advance at that present sitting. The next question to clear up in the investigation, was the question of who the anonymous “lady” might be. And the next discovery to make was, whether “the lady” could, or could not, be identified with Anne Silvester. Pending the inevitable delay in reaching that result, the straight course was (in Sir Patrick’s present state of uncertainty) the only course to follow in laying down the law. He at once took the question of the marriage in hand--with no concealment whatever, as to the legal bearings of it, from the client who was consulting him.

“Don’t rush to conclusions, Mr. Delamayn,” he said. “I have only told you what my general experience is thus far. My professional opinion on the special case of your friend has not been given yet.”

Geoffrey’s face clouded again. Sir Patrick carefully noted the new change in it.

“The law of Scotland,” he went on, “so far as it relates to Irregular Marriages, is an outrage on common decency and common-sense. If you think my language in thus describing it too strong--I can refer you to the language of a judicial authority. Lord Deas delivered a recent judgment of marriage in Scotland, from the bench, in these words: ‘Consent makes marriage. No form or ceremony, civil or religious; no notice before, or publication after; no cohabitation, no writing, no witnesses even, are essential to the constitution of this, the most important contract which two persons can enter into.’--There is a Scotch judge’s own statement of the law that he administers! Observe, at the same time, if you please, that we make full legal provision in Scotland for contracts affecting the sale of houses and lands, horses and dogs. The only contract which we leave without safeguards or precautions of any sort is the contract that unites a man and a woman for life. As for the authority of parents, and the innocence of children, our law recognizes no claim on it either in the one case or in the other. A girl of twelve and a boy of fourteen have nothing to do but to cross the Border, and to be married--without the interposition of the slightest delay or restraint, and without the slightest attempt to inform their parents on the part of the Scotch law. As to the marriages of men and women, even the mere interchange of consent which, as you have just heard, makes them man and wife, is not required to be directly proved: it may be proved by inference. And, more even than that, whatever the law for its consistency may presume, men and women are, in point of fact, held to be married in Scotland where consent has never been interchanged, and where the parties do not even know that they are legally held to be married persons. Are you sufficiently confused about the law of Irregular Marriages in Scotland by this time, Mr. Delamayn? And have I said enough to justify the strong language I used when I undertook to describe it to you?”

“Who’s that ‘authority’ you talked of just now?” inquired Geoffrey. “Couldn’t I ask _him?_”

“You might find him flatly contradicted, if you did ask him by another authority equally learned and equally eminent,” answered Sir Patrick. “I am not joking--I am only stating facts. Have you heard of the Queen’s Commission?”

“No.”

“Then listen to this. In March, ‘sixty-five, the Queen appointed a Commission to inquire into the Marriage-Laws of the United Kingdom. The Report of that Commission is published in London; and is accessible to any body who chooses to pay the price of two or three shillings for it. One of the results of the inquiry was, the discovery that high authorities were of entirely contrary opinions on one of the vital questions of Scottish marriage-law. And the Commissioners, in announcing that fact, add that the question of which opinion is right is still disputed, and has never been made the subject of legal decision. Authorities are every where at variance throughout the Report. A haze of doubt and uncertainty hangs in Scotland over the most important contract of civilized life. If no other reason existed for reforming the Scotch marriage-law, there would be reason enough afforded by that one fact. An uncertain marriage-law is a national calamity.”

“You can tell me what you think yourself about my friend’s case--can’t you?” said Geoffrey, still holding obstinately to the end that he had in view.

“Certainly. Now that I have given you due warning of the danger of implicitly relying on any individual opinion, I may give my opinion with a clear conscience. I say that there has not been a positive marriage in this case. There has been evidence in favor of possibly establishing a marriage--nothing more.”

The distinction here was far too fine to be appreciated by Geoffrey’s mind. He frowned heavily, in bewilderment and disgust.

“Not married!” he exclaimed, “when they said they were man and wife, before witnesses?”

“That is a common popular error,” said Sir Patrick. “As I have already told you, witnesses are not legally necessary to make a marriage in Scotland. They are only valuable--as in this case--to help, at some future time, in proving a marriage that is in dispute.”

Geoffrey caught at the last words.

“The landlady and the waiter _might_ make it out to be a marriage, then?” he said.

“Yes. And, remember, if you choose to apply to one of my professional colleagues, he might possibly tell you they were married already. A state of the law which allows the interchange of matrimonial consent to be proved by inference leaves a wide door open to conjecture. Your friend refers to a certain lady, in so many words, as his wife. The lady refers to your friend, in so many words, as her husband. In the rooms which they have taken, as man and wife, they remain, as man and wife, till the next morning. Your friend goes away, without undeceiving any body. The lady stays at the inn, for some days after, in the character of his wife. And all these circumstances take place in the presence o f competent witnesses. Logically--if not legally--there is apparently an inference of the interchange of matrimonial consent here. I stick to my own opinion, nevertheless. Evidence in proof of a marriage (I say)--nothing more.”

While Sir Patrick had been speaking, Geoffrey had been considering with himself. By dint of hard thinking he had found his way to a decisive question on his side.

“Look here!” he said, dropping his heavy hand down on the table. “I want to bring you to book, Sir! Suppose my friend had another lady in his eye?”

“Yes?”

“As things are now--would you advise him to marry her?”

“As things are now--certainly not!”

Geoffrey got briskly on his legs, and closed the interview.

“That will do,” he said, “for him and for me.”

With those words he walked back, without ceremony, into the main thoroughfare of the room.

“I don’t know who your friend is,” thought Sir Patrick, looking after him. “But if your interest in the question of his marriage is an honest and a harmless interest, I know no more of human nature than the babe unborn!”

Immediately on leaving Sir Patrick, Geoffrey was encountered by one of the servants in search of him.

“I beg your pardon, Sir,” began the man. “The groom from the Honorable Mr. Delamayn’s--”

“Yes? The fellow who brought me a note from my brother this morning?”

“He’s expected back, Sir--he’s afraid he mustn’t wait any longer.”

“Come here, and I’ll give you the answer for him.”

He led the way to the writing-table, and referred to Julius’s letter again. He ran his eye carelessly over it, until he reached the final lines: “Come to-morrow, and help us to receive Mrs. Glenarm.” For a while he paused, with his eye fixed on that sentence; and with the happiness of three people--of Anne, who had loved him; of Arnold, who had served him; of Blanche, guiltless of injuring him--resting on the decision that guided his movements for the next day. After what had passed that morning between Arnold and Blanche, if he remained at Lady Lundie’s, he had no alternative but to perform his promise to Anne. If he returned to his brother’s house, he had no alternative but to desert Anne, on the infamous pretext that she was Arnold’s wife.

He suddenly tossed the letter away from him on the table, and snatched a sheet of note-paper out of the writing-case. “Here goes for Mrs. Glenarm!” he said to himself; and wrote back to his brother, in one line: “Dear Julius, Expect me to-morrow. G. D.” The impassible man-servant stood by while he wrote, looking at his magnificent breadth of chest, and thinking what a glorious “staying-power” was there for the last terrible mile of the coming race.

“There you are!” he said, and handed his note to the man.

“All right, Geoffrey?” asked a friendly voice behind him.

He turned--and saw Arnold, anxious for news of the consultation with Sir Patrick.

“Yes,” he said. “All right.”

NOTE.--There are certain readers who feel a disposition to doubt Facts, when they meet with them in a work of fiction. Persons of this way of thinking may be profitably referred to the book which first suggested to me the idea of writing the present Novel. The book is the Report of the Royal Commissioners on The Laws of Marriage. Published by the Queen’s Printers For her Majesty’s Stationery Office. (London, 1868.) What Sir Patrick says professionally of Scotch Marriages in this chapter is taken from this high authority. What the lawyer (in the Prologue) says professionally of Irish Marriages is also derived from the same source. It is needless to encumber these pages with quotations. But as a means of satisfying my readers that they may depend on me, I subjoin an extract from my list of references to the Report of the Marriage Commission, which any persons who may be so inclined can verify for themselves.

_Irish Marriages_ (In the Prologue).--See Report, pages XII., XIII., XXIV.

_Irregular Marriages in Scotland._--Statement of the law by Lord Deas. Report, page XVI.--Marriages of children of tender years. Examination of Mr. Muirhead by Lord Chelmsford (Question 689).--Interchange of consent, established by inference. Examination of Mr. Muirhead by the Lord Justice Clerk (Question 654)--Marriage where consent has never been interchanged. Observations of Lord Deas. Report, page XIX.--Contradiction of opinions between authorities. Report, pages XIX., XX.--Legal provision for the sale of horses and dogs. No legal provision for the marriage of men and women. Mr. Seeton’s Remarks. Report, page XXX.--Conclusion of the Commissioners. In spite of the arguments advanced before them in favor of not interfering with Irregular Marriages in Scotland, the Commissioners declare their opinion that “Such marriages ought not to continue.” (Report, page XXXIV.)

In reference to the arguments (alluded to above) in favor of allowing the present disgraceful state of things to continue, I find them resting mainly on these grounds: That Scotland doesn’t like being interfered with by England (!). That Irregular Marriages cost nothing (!!). That they are diminishing in number, and may therefore be trusted, in course of time, to exhaust themselves (!!!). That they act, on certain occasions, in the capacity of a moral trap to catch a profligate man (!!!!). Such is the elevated point of view from which the Institution of Marriage is regarded by some of the most pious and learned men in Scotland. A legal enactment providing for the sale of your wife, when you have done with her, or of your husband; when you “really can’t put up with him any longer,” appears to be all that is wanting to render this North British estimate of the “Estate of Matrimony” practically complete. It is only fair to add that, of the witnesses giving evidence--oral and written--before the Commissioners, fully one-half regard the Irregular Marriages of Scotland from the Christian and the civilized point of view, and entirely agree with the authoritative conclusion already cited--that such marriages ought to be abolished.

W. C.

CHAPTER THE TWENTY-FIRST.

DONE!

ARNOLD was a little surprised by the curt manner in which Geoffrey answered him.

“Has Sir Patrick said any thing unpleasant?” he asked.

“Sir Patrick has said just what I wanted him to say.”

“No difficulty about the marriage?”

“None.”

“No fear of Blanche--”

“She won’t ask you to go to Craig Fernie--I’ll answer for that!” He said the words with a strong emphasis on them, took his brother’s letter from the table, snatched up his hat, and went out.

His friends, idling on the lawn, hailed him. He passed by them quickly without answering, without so much as a glance at them over his shoulder. Arriving at the rose-garden, he stopped and took out his pipe; then suddenly changed his mind, and turned back again by another path. There was no certainty, at that hour of the day, of his being left alone in the rose-garden. He had a fierce and hungry longing to be by himself; he felt as if he could have been the death of any body who came and spoke to him at that moment. With his head down and his brows knit heavily, he followed the path to see what it ended in. It ended in a wicket-gate which led into a kitchen-garden. Here he was well out of the way of interruption: there was nothing to attract visitors in the kitchen-garden. He went on to a walnut-tree planted in the middle of the inclosure, with a wooden bench and a broad strip of turf running round it. After first looking about him, he seated himself and lit his pipe.

“I wish it was done!” he said.

He sat, with his elbows on his knees, smoking and thinking. Before long the restlessness that had got possession of him forced him to his feet again. He rose, and paced round and round the strip of greensward under the walnut-tree, like a wild beast in a cage.

What was the meaning of this disturbance in the inner man? Now that he had committed himself to the betrayal of the friend who had trusted and served him, was he torn by remorse?

He was no more torn by remorse than you are while your eye is passing over this sentence. He was simply in a raging fever of impatience to see himself safely la nded at the end which he had in view.

Why should he feel remorse? All remorse springs, more or less directly, from the action of two sentiments, which are neither of them inbred in the natural man. The first of these sentiments is the product of the respect which we learn to feel for ourselves. The second is the product of the respect which we learn to feel for others. In their highest manifestations, these two feelings exalt themselves, until the first he comes the love of God, and the second the love of Man. I have injured you, and I repent of it when it is done. Why should I repent of it if I have gained something by it for my own self and if you can’t make me feel it by injuring Me? I repent of it because there has been a sense put into me which tells me that I have sinned against Myself, and sinned against You. No such sense as that exists among the instincts of the natural man. And no such feelings as these troubled Geoffrey Delamayn; for Geoffrey Delamayn was the natural man.

When the idea of his scheme had sprung to life in his mind, the novelty of it had startled him--the enormous daring of it, suddenly self-revealed, had daunted him. The signs of emotion which he had betrayed at the writing-table in the library were the signs of mere mental perturbation, and of nothing more.

That first vivid impression past, the idea had made itself familiar to him. He had become composed enough to see such difficulties as it involved, and such consequences as it implied. These had fretted him with a passing trouble; for these he plainly discerned. As for the cruelty and the treachery of the thing he meditated doing--that consideration never crossed the limits of his mental view. His position toward the man whose life he had preserved was the position of a dog. The “noble animal” who has saved you or me from drowning will fly at your throat or mine, under certain conditions, ten minutes afterward. Add to the dog’s unreasoning instinct the calculating cunning of a man; suppose yourself to be in a position to say of some trifling thing, “Curious! at such and such a time I happened to pick up such and such an object; and now it turns out to be of some use to me!”--and there you have an index to the state of Geoffrey’s feeling toward his friend when he recalled the past or when he contemplated the future. When Arnold had spoken to him at the critical moment, Arnold had violently irritated him; and that was all.

The same impenetrable insensibility, the same primitively natural condition of the moral being, prevented him from being troubled by the slightest sense of pity for Anne. “She’s out of my way!” was his first thought. “She’s provided for, without any trouble to Me!” was his second. He was not in the least uneasy about her. Not the slightest doubt crossed his mind that, when once she had realized her own situation, when once she saw herself placed between the two alternatives of facing her own ruin or of claiming Arnold as a last resource, she would claim Arnold. She would do it as a matter of course; because _he_ would have done it in her place.

But he wanted it over. He was wild, as he paced round and round the walnut-tree, to hurry on the crisis and be done with it. Give me my freedom to go to the other woman, and to train for the foot-race--that’s what I want. _They_ injured? Confusion to them both! It’s I who am injured by them. They are the worst enemies I have! They stand in my way.

How to be rid of them? There was the difficulty. He had made up his mind to be rid of them that day. How was he to begin?

There was no picking a quarrel with Arnold, and so beginning with _him._ This course of proceeding, in Arnold’s position toward Blanche, would lead to a scandal at the outset--a scandal which would stand in the way of his making the right impression on Mrs. Glenarm. The woman--lonely and friendless, with her sex and her position both against her if _she_ tried to make a scandal of it--the woman was the one to begin with. Settle it at once and forever with Anne; and leave Arnold to hear of it and deal with it, sooner or later, no matter which.

How was he to break it to her before the day was out?

By going to the inn and openly addressing her to her face as Mrs. Arnold Brinkworth? No! He had had enough, at Windygates, of meeting her face to face. The easy way was to write to her, and send the letter, by the first messenger he could find, to the inn. She might appear afterward at Windygates; she might follow him to his brother’s; she might appeal to his father. It didn’t matter; he had got the whip-hand of her now. “You are a married woman.” There was the one sufficient answer, which was strong enough to back him in denying any thing!

He made out the letter in his own mind. “Something like this would do,” he thought, as he went round and round the walnut-tree: “You may be surprised not to have seen me. You have only yourself to thank for it. I know what took place between you and him at the inn. I have had a lawyer’s advice. You are Arnold Brinkworth’s wife. I wish you joy, and good-by forever.” Address those lines: “To Mrs. Arnold Brinkworth;” instruct the messenger to leave the letter late that night, without waiting for an answer; start the first thing the next morning for his brother’s house; and behold, it was done!

But even here there was an obstacle--one last exasperating obstacle--still in the way.