THE Government of British India have not neglected to countenance the study of the indigenous and other systems of law which they found established on acquiring possession of the country. Warren Hastings was the first to recognize the value of such knowledge; and to his encouragement, if not to his incitement, we are indebted for the compilation of Hindoo law translated by Halbed, Jones, Colebrooke, Macnaghten, Hamilton, and a pretty numerous body of accomplished men, of whom Mr. Baillie is the most recently enrolled laborer in the vineyard, have carried on the good work. More comprehensive and accurate views of Hindoo law have gradually been developed, and the more advanced and more influential system of Mahometan jurisprudence has also shared in the attention of European students. There is, however, still much to be done in this field of inquiry; as a few remarks on the nature of the present publication, and the source whence its materials are derived, will show.
The law of Mahometan jurists is for India pretty much what the Roman law is for Scotland and the Continental nations of Europe. Savigny has shown how, throughout all the territories formerly included within the limits of the Roman Empire, a large amount of Roman legal doctrines and forms of procedure continued to be operative after the Empire's subversion. The revival of the study of the Roman law, as embodied in the compilations of Justinian, by the doctors of the school of Bologna, augmented and systematized these remnants of Roman jurisprudence, and extended their application to countries which (like great part of Germany) had never been subjected to the sway of Rome. In like manner, throughout that part of India which was permanently subdued and organized by the Mogul dynasty, and also those parts in which minor Islamitic states were established, the organization of the courts of justice, and the legal opinions of the individuals who officiated in them, necessarily introduced a large amount of Mahometan jurisprudence. This element of the law of India was augmented and systematized by the writings of private jurists, and by compilations undertaken by command of princes. As with the Roman jurisprudence in Europe, so with Mahometan jurisprudence in India, only so much of its doctrines and forms could at any time be considered to possess legal force as had been reenacted by the local sovereigns, or introduced by judges in the form of decisions. A systematic knowledge of the whole body of Mahometan law was important to the Indian lawyer, as enabling him more thoroughly to understand the system, and its various isolated doctrines; but the whole body of that law was at no time binding in India. Since the establishment of British sway, only so much of the Mahometan law as has kept its ground in the practice of the courts, or has been reenacted by the "regulations" or "ordinances" of the Anglo-Indian Government, is law; the rest is only valuable as the "antiquities of the law," which help to trace the origin of what survives, and thereby throw light upon what in it is obscure or doubtful.
Among the most valuable, if not indeed the most valuable of the compilations from which we may obtain a knowledge of Mahometan jurisprudence, is the "Futawa Alumgeeree," mentioned in Mr. Baillie's title-page. Its value is not confined to the purposes of those who would make themselves acquainted with Mahometan jurisprudence in the peculiar form it assumed in India. It is highly esteemed throughout Islam, and is quoted even by the doctors of Mecca as the Futawa-i-hind, or the Indian responsa prudentum. It was compiled by the orders of the Emperor Aurungzebe. It is a digest of the "Futawa" of the most celebrated jurists of the Hanifeh (or, as Mr. Baillie spells it, Hunefeeah) sect or school. Mr. Baillie informs us in his preface, that "futawa is the plural form of futwa, a term in common use in Mahometan countries to signify an exposition of law by a public officer called the mooftee, or a case submitted to him by the kazee or judge." The "futwa," therefore, seems to correspond not so much with our English "decisions" or "precedents" as with the "responsa prudentum," that fertile source of doctrines in the Roman law. The "Futawa Alumgeeree" consequently resembles the Pandects of Justinian in being a systematical arrangement of selections from juridical authorities—compiled by Imperial authority; but differs from it in this, that the selections are made exclusively from the "responsa prudentum," and a few legal treatises, whereas Justinian's digest combined with those excerpts from judicial decisions, prætorian edicts, &c. With this distinction, we may regard the "Futawa Alumgeeree" as the Pandects or Digest of Mahometan Law. As in the Roman work of that name, to each extract is appended the name of the original work from which it is taken; and the whole of them are so arranged as to form a complete digest of Mahometan law.
A work of this kind is invaluable to the student who would make himself master of Mahometan jurisprudence as a system. But great care must be taken not to misapprehend the exact nature of the knowledge to be obtained from it. The "Futawa Alumgeeree" is a systematic exposition of the principles of Mahometan law; it assuredly does not enable us to ascertain what doctrines of that law are now of legal force in India, or even what doctrines have at any time had force in India. It does not appear to have been Aurungzebe's intention to promulgate it as a code, but to present it to lawyers as a complete text-book. Even if he did by ordinance attribute to it the power of law, such ordinance was only effectual at any time in the provinces of the Mogul Empire; and since the disruption of that empire, it has been superseded and modified by laws and the practice of law-courts in the various independent states erected on its ruins.
Again the general scholar must be on his guard against the delusion that he will find in this digest materials illustrative of the social condition of India under the Mogul dynasty. The juridical works excerpted in it are almost all foreign to Hindostan; the special cases illustrative of abstract doctrines are taken from other countries, and many of them from ages antecedent to the invasion of India by the Moguls.
Though Persian was the court language of the Mogul dynasty, there is scarcely any Persian element in Aurungzebe's legal compilation. The Shiite views of jurisprudence, as of theology, prevailed in Persia; the "Futawa Alumgeeree" is strictly Sunnite. It is not difficult to account for this.—The Mahometan conquerors of India were mainly of Turkish or Tartar race; they came from Turan, a region which from time immemorial has stood in antagonistic relations to Iran or Persia. This may account for the fact that the races of Turan which have embraced Mahometanism have uniformly adhered to the Sunnite sect—the sect most hostile to the Persian Shias—not only when they settled in the countries where the Sunnite sect originated, but when they remained in their native regions. The views of the Sunnites were first promulgated and have prevailed most extensively in those regions of Islam which were once part of the Roman empire, which nominally at least was Christian; those of the Shiites, in the countries where, under the Sassanides and Arsacidæ, the doctrines of Zoroaster predominated. The Euphrates forms pretty nearly the line of demarkation between them.
The Caliphs dominated over both countries and over both sects. Under their orthodox protection the Sunnite doctrines were able to strike root in Balkh and Samarkand—the ancient Turan, and therefore hostile to Iran and Persia. When Islam was reorganized after the anarchy which ensued upon the overthrow of the Caliphs, Persia became the appanage of the Sophis or Shiite dynasty; the regions to the West of the Euphrates—the ci-devant Roman Empire—acknowledged the rule of the Turkish dynasties, which were Sunnite. On the Oxus and further East—the old Turan—the Sunnite sect was sufficiently strong to defy the efforts of the Shiite sovereigns of Persia to eradicate it. The doctors of Samarkand and Bokhara continued (and continue) as orthodox Sunnites as those of Kufah, Mecca, and Stamboul.
Accordingly, we find the authorities excerpted in the "Futawa Alumgeeree" consist almost exclusively of two classes; they are either the immediate disciples of Hanifa at Kufah and Bagdad, or the jurists of Samarkand and Bokhara. The law-cases they expounded are such as had originated, or might have originated, in those countries—in Babylonia or Turan. And they are for the most part taken from a state of society, and illustrative of social relations, which prevailed in these countries at a period long antecedent to that of Aurunzebe. To attempt to illustrate the civil and social condition of India, under that Emperor by their aid, would be as preposterous as to attempt to illustrate the civil and social condition of those parts of Germany where the Roman law still possesses authority from cases recorded in the Pandects of Justinian.
The real use and value of the "Futawa Alumgeeree" may be briefly explained. In every country in Europe where the Roman law is still recognized as more or less authoritative—and indeed in every country where the common law has borrowed more or less from the Roman—an acquaintance with the system of Roman jurisprudence as it is embodied in the law-books of Justinian has its value for the scientific lawyer. In like manner a knowledge of Mahometan jurisprudence as embodied in the "Futawa Alumgeeree" cannot fail to be instructive for the lawyers of all the countries of Islam, and the lawyers of India, where so much of the existing practical law has been derived from that source. To the general scholar who wishes to master the civil history of Arabia and Babylonia, in which the Sunnite sect, and more particularly the Hanifite subdivision of it, originated, or to familiarize himself with the moral theories which regulate the judgments and actions of the modern Turks, Turcomans, Arabians, and Egyptians, the digest of Aurungzeebee is also a valuable repertory of facts and illustrations.
For this reason we incline to be of opinion that Mr. Baillie is mistaken in thinking that a selection from the two books of the "Futawa Alumgeeree," which embrace the subject of "sale" can have much utility for Indian practitioners. It does not follow, because a legal doctrine is declared sound in this work, that it is or ever has been practically applicable in India. As an authoritative declaration of legal doctrines, the book is as likely to mislead as to guide aright. On the other hand, as an exposition of the general principles of Mahometan law, even with regard to sale, it is necessarily imperfect. The work from which it is taken is a collection of legal opinions, which had in their day the force of judicial decisions—of something equivalent to the "responsa prudentum" of Roman jurisprudence. Each is expounded on its own merits; and all the special doctrines involved in it are laid down. Hence it comes, that much that is calculated to throw light on the principles of the law of sale must be sought under other heads; and that much included in the chapters ostensibly treating of sale refers to other topics. As part of an entire digest of the law compiled on the same principle as that of Justinian, the two books relating to sale are sufficient; but for an isolated treatise on "sale," they contain at once too much and too little.
Nevertheless, we welcome Mr. Baillie's publication as a valuable addition to juridical and even to general literature. The translation, though not by any means free from defects, is the best specimen of a really good Mahometan law-book that has yet been published. The defects to which we allude are twofold. In the first place, though Mr. Baillie mentions that in the original the name of the treatise from which it is taken is appended to every excerpt, he has not in his translation given those references. His work is not therefore what the original is, a Chrestomathia of the best Arabian jurists—a succedaneum for their complete works—an illustration of Arabic legal literature. Again, he is often loose and vacillating in the use of the English words he has selected as corresponding to the technical phraseology of the Arabian jurists, and sometimes infelicitous in the selection of his English terms. It has occurred to us that he would have succeeded better in rendering the exact meaning of his originals, had he availed himself more of technical phrases of the Roman law which are familiar to all European jurists. Is does not occur to us that he would by doing so have been in danger of Romanizing the Mahometan to an extent that might mislead. Mill, in his History of British India, has noticed how closely the classification of the Mahometan approaches to that of the Roman jurists. An attentive perusal of Mr. Baillie's volume has convinced us that the analogy in the substance is quite as strong as in the arrangements. This fact seems susceptible of being accounted for on historical grounds. Mahometanism is in fact a sect or heresy of Christianity. The views and sentiments, the aggregate of which make up the body of Christian opinion, are not all of Jewish or Christian origin. They are the moral creed of societies whose opinions and civilization have been derived in part from other sources. The philosophy of Greece and the law of Rome have contributed in nearly equal proportions to the theosophy of the Hebrews. The jurisprudence of all Christian nations is mainly referable to Rome for its origin, and the same is the case with at least the Sunnite Mahometans. The nations of Islam took only their religious creed from their Prophet; the jurists of Kufah retained and expounded the civil law which prevailed among them before his time. That law was the law of the Greek Empire, developed in the same way as that of the Western Empire under the judicial and legislative auspices of Roman Prætors and Pro-Consuls, aided by Roman jurists. Theophilus, one of the jurists employed by Justinian for his compilations, lectured in Greek on the Institutions; and the substance of his lectures still survives under the name of the Paraphrase of Theophilus. The Greek edicts and novels of Justinian's successors are mainly Roman law. Throughout the Byzantine Empire (within which Kufah and the region where Bagdad now stands were included) Roman law was paramount, and Roman jurists were numerous. The arrangement, the subdivisions, and the substance of Mahometan jurisprudence, show that it has been principally derived from this source. Some of its doctrines are doubtless aboriginal engrafted on the law of the Empire; and it has been modified in some respects to reconcile it to the religious dictates of Islam, just as the law of Pagan Rome was modified after Christianity became the religion of the Empire. But still Mahometan jurisprudence retains undeniably the lineaments of its parentage.
This consideration places in a strong light the importance of the study of Mahometan law. The increasing intimacy of our relations with independent Mahometan states makes it of the utmost consequence that we should entertain correct views of their opinions and institutions; and no better key to the knowledge of both can be found than in the historical study of their law. Again, we are called upon to legislate and supply judges for British India, a large proportion of the inhabitants of which are Mahometans. Even the Hindoos of the former Mogul Empire have adopted many legal forms and doctrines from their conquerors. A minute and accurate acquaintance with Mahometan jurisprudence is an indispensable preliminary to judicious legislation for British India. For these reasons, it could be wished that Mr. Baillie, or some other equally accomplished laborer in that field, would set himself to do for the "Futawa Alumgeeree" what Heineccius and other modern civilians have done for the law-books of Justinian—present the European public with an elegant and exact abstract of its contents.
The following, from Southey's "Gridiron," now first published in his Memoirs, ought to be set to music for the Beef-Steak Club:—
"Now the perfect Steak prepare!
Now the appointed rites begin!
Cut it from the pinguid rump.
Not too thick and not too thin;
Somewhat to the thick inclining,
Yet the thick and thin between,
That the gods, when they are dining,
May comment the golden mean.
Ne'er till now have they been blest
With a beef-steak daily drest:
Ne'er till this auspicious morn
When the Gridiron was born."
The most ignorant of the world's fools are those called "knowing ones," a phrase satirical with the very glee of irony.
Several weeks passed away. Edward spared no pains to discover some trace of the lady in question, but all in vain. No one in the neighborhood knew the family; and he had already determined, as soon as the spring began, to ask for leave of absence, and to travel through the country where Ferdinand had formed his unfortunate attachment, when a circumstance occurred which coincided strangely with his wishes. His commanding-officer gave him a commission to purchase some horses, which, to his great consolation, led him exactly into that part of the country where Ferdinand had been quartered. It was a market-town of some importance. He was to remain there some time, which suited his plans exactly; and he made use of every leisure hour to cultivate the acquaintance of the officers, to inquire into Ferdinand's connections and acquaintance, to trace the mysterious name if possible, and thus fulfill a sacred duty. For to him it appeared a sacred duty to execute the commission of his departed friend—to get possession of the ring, and to be the means, as he hoped, of giving rest to the troubled spirit of Ferdinand.
Already, on the evening of the second day, he was sitting in the coffee-room with burghers of the place and officers of different regiments.
A newly-arrived cornet was inquiring whether the neighborhood were a pleasant one, of an infantry officer, one of Hallberg's corps. "For," said he, "I come from charming quarters."
"There is not much to boast of," replied the captain. "There is no good fellowship, no harmony among the people."
"I will tell you why that is," cried an animated lieutenant; "that is because there is no house as a point of reunion, where one is sure to find and make acquaintances, and to be amused, and where each individual ascertains his own merits by the effect they produce on society at large."
"Yes, we have had nothing of that kind since the Varniers left us," said the captain.
"Varniers!" cried Edward, with an eagerness he could ill conceal. "The name sounds foreign."
"They were not Germans—they were emigrants from the Netherlands, who had left their country on account of political troubles," replied the captain.
"Ah, that was a charming house," cried the lieutenant, "cultivation, refinement, a sufficient competency, the whole style of establishment free from ostentation, yet most comfortable; and Emily—Emily was the soul of the whole house."
"Emily Varnier!" echoed Edward, while his heart beat fast and loud.
"Yes, yes! that was the name of the prettiest, most graceful, most amiable girl in the world," said the lieutenant.
"You seem bewitched by the fair Emily," observed the cornet.
"I think you would have been too, had you known her," rejoined the lieutenant; "she was the jewel of the whole society. Since she went away there is no bearing their stupid balls and assemblies."
"But you must not forget," the captain resumed once more, "when you attribute everything to the charms of the fair girl, that not only she but the whole family has disappeared, and we have lost that house which formed, as you say, so charming a point of reunion in our neighborhood."
"Yes, yes; exactly so," said an old gentleman, a civilian, who had been silent hitherto; "the Varniers' house is a great loss in the country, where such losses are not so easily replaced as in a large town. First, the father died, then came the cousin and carried the daughter away."
"And did this cousin marry the young lady?" inquired Edward, in a tone tremulous with agitation.
"Certainly," answered the old gentleman; "it was a very great match for her; he bought land to the value of half a million about here."
"And he was an agreeable, handsome man, we must all allow," remarked the captain.
"But she would never have married him," exclaimed the lieutenant, "if poor Hallberg had not died."
Edward was breathless, but he did not speak a word.
"She would have been compelled to do so in any case," said the old man; "the father had destined them for each other from infancy, and people say he made his daughter take a vow as he lay on his death-bed."
"That sounds terrible," said Edward; "and does not speak much for the good feeling of the cousin."
"She could not have fulfilled her father's wish," interposed the lieutenant; "her heart was bound up in Hallberg, and Hallberg's in her. Few people, perhaps, know this, for the lovers were prudent and discreet; I, however, knew it all."
"And why was she not allowed to follow the inclination of her heart?" asked Edward.
"Because her father had promised her," replied the captain: "you used just now the word terrible; it is a fitting expression, according to my version of the matter. It appears that one of the branches of the house of Varnier had committed an act of injustice toward another, and Emily's father considered it a point of conscience to make reparation. Only through the marriage of his daughter with a member of the ill-used branch could that act be obliterated and made up for, and, therefore, he pressed the matter sorely."
"Yes, and the headlong passion which Emily inspired her cousin with abetted his designs."
"Then her cousin loved Emily?" inquired Edward.
"Oh, to desperation," was the reply. "He was a rival to her shadow, who followed her not more closely than he did. He was jealous of the rose that she placed on her bosom."
"Then poor Emily is not likely to have a calm life with such a man," said Edward.
"Come," interposed the old gentleman, with en authoritative tone, "I think you, gentlemen, go a little too far. I know D'Effernay; he is an honest, talented man, very rich, indeed, and generous; he anticipates his wife in every wish. She has the most brilliant house in the neighborhood, and lives like a princess."
"And trembles," insisted the lieutenant, "when she hears her husband's footstep. What good can riches be to her? She would have been happier with Hallberg."
"I do not know," rejoined the captain, "why you always looked upon that attachment as something so decided. It never appeared so to me; and you yourself say that D'Effernay is very jealous, which I believe him to be, for he is a man of strong passions; and this very circumstance causes me to doubt the rest of your story. Jealousy has sharp eyes, and D'Effernay would have discovered a rival in Hallberg, and not proved himself the friend he always was to our poor comrade."
"That does not follow at all," replied the lieutenant, "it only proves that the lovers were very cautious. So far, however, I agree with you. I believe that if D'Effernay had suspected anything of the kind he would have murdered Hallberg."
A shudder passed through Edward's veins.
"Murdered!" he repeated, in a hollow voice; "do you not judge too harshly of this man when you hint the possibility of such a thing?"
"That does he, indeed," said the old man; "these gentlemen are all angry with D'Effernay, because he has carried off the prettiest girl in the country. But I am told he does not intend remaining where he now lives. He wishes to sell his estates."
"Really," inquired the captain, "and where is he going?"
"I have no idea," replied the other; "but he is selling everything off. One manor is already disposed of, and there have been people already in negotiation for the place where he resides."
The conversation now turned on the value of D'Effernay's property, and of land in general, &c.
Edward had gained materials enough for reflection; he rose soon, took leave of the company, and gave himself up, in the solitude of his own room, to the torrent of thought and feeling which that night's conversation had let loose. So, then, it was true; Emily Varnier was no fabulous being! Hallberg had loved her, his love had been returned, but a cruel destiny had separated them. How wonderfully did all he had heard explain the dream at the Castle, and how completely did that supply what had remained doubtful, or had been omitted in the officers' narrative. Emily Varnier, doubtless, possessed that ring, to gain possession of which now seemed his bounden duty. He resolved not to delay its fulfillment a moment, however difficult it might prove, and he only reflected on the best manner in which he should perform the task allotted to him. The sale of the property appeared to him a favorable opening. The fame of his father's wealth made it probable that the son might wish to be purchaser of a fine estate, like the one in question. He spoke openly of such a project, made inquiries of the old gentleman, and the captain, who seemed to him to know most about the matter; and as his duties permitted a trip for a week or so, he started immediately, and arrived on the second day at the place of his destination. He stopped in the public house in the village to inquire if the estate lay near, and whether visitors were allowed to see the house and grounds. Mine host, who doubtless had had his directions, sent a messenger immediately to the Castle, who returned before long, accompanied by a chasseur, in a splendid livery, who invited the stranger to the Castle in the name of M. D'Effernay.
This was exactly what Edward wished, and expected. Escorted by the chasseur he soon arrived at the Castle, and was shown up a spacious staircase into a modern, almost, one might say, a magnificently-furnished room, where the master of the house received him. It was evening, toward the end of winter, the shades of twilight had already fallen, and Edward found himself suddenly in a room quite illuminated with wax candles. D'Effernay stood in the middle of the saloon, a tall, thin young man. A proud bearing seemed to bespeak a consciousness of his own merit, or at least of his position. His features were finely formed, but the traces of strong passion, or of internal discontent, had lined them prematurely.
In figure he was very slender, and the deep-sunken eye, the gloomy frown which was fixed between his brows, and the thin lips, had no very prepossessing expression, and yet there was something imposing in the whole appearance of the man.
Edward thanked him civilly for his invitation, spoke of his idea of being a purchaser as a motive for his visit, and gave his own, and his father's name. D'Effernay seemed pleased with all he said. He had known Edward's family in the metropolis; he regretted that the late hour would render it impossible for them to visit the property to-day, and concluded by pressing the lieutenant to pass the night at the Castle. On the morrow they would proceed to business, and now he would have the pleasure of presenting his wife to the visitor. Edward's heart beat violently—at length then he would see her! Had he loved her himself he could not have gone to meet her with more agitation. D'Effernay led his guest through many rooms, which were all as well furnished, and as brilliantly lighted as the first he had entered. At length he opened the door of a small boudoir, where there was no light, save that which the faint, gray twilight imparted through the windows.
The simple arrangement of this little room, with dark green walls, only relieved by some engravings and coats of arms, formed a pleasing contrast to Edward's eyes, after the glaring splendor of the other apartments. From behind a piano-forte, at which she had been seated in a recess, rose a tall, slender female form, in a white dress of extreme simplicity.
"My love," said D'Effernay, "I bring you a welcome guest, Lieutenant Wensleben, who is willing to purchase the estate."
Emily courtesied; the friendly twilight concealed the shudder that passed over her whole frame, as she heard the familiar name which aroused so many recollections.
She bade the stranger welcome, in a low, sweet voice, whose tremulous accents were not unobserved by Edward; and while the husband made some further observation, he had leisure to remark, as well as the fading light would allow, the fair outline of her oval face, the modest grace of her movements, her pretty, nymph-like figure—in fact, all those charms which seemed familiar to him through the impassioned descriptions of his friend.
"But what can this fancy be, to sit in the dark?" asked D'Effernay, in no mild tone; "you know that is a thing I cannot bear." and with these words, and without waiting his wife's answer, he rang the bell over her sofa, and ordered lights.
While these were placed on the table the company sat down by the fire, and conversation commenced. By the full light Edward could perceive all Emily's real beauty—her pale, but lovely face, the sad expression of her large blue eyes, so often concealed by their dark lashes, and then raised, with a look full of feeling, a sad, pensive, intellectual expression; and he admired the simplicity of her dress, and of every object that surrounded her: all appeared to him to bespeak a superior mind.
They had not sat long, before D'Effernay was called away. One of his people had something important, something urgent to communicate to him, which admitted of no delay. A look of fierce anger almost distorted his features; in an instant his thin lips moved rapidly, and Edward thought he muttered some curses between his teeth. He left the room, but in so doing, he cast a glance of mistrust and ill-temper on the handsome stranger with whom he was compelled to leave his wife alone. Edward observed it all. All that he had seen to-day, all that he had heard from his comrades of the man's passionate and suspicious disposition, convinced him that his stay here would not be long, and that perhaps a second opportunity of speaking alone with Emily might not offer itself.
He determined, therefore, to profit by the present moment; and no sooner had D'Effernay left the room, than he began to tell Emily she was not so complete a stranger to him as it might seem; that long before he had had the pleasure of seeing her—even before he had heard her name—she was known to him, so to speak, in spirit.
Madame D'Effernay was moved. She was silent for a time, and gazed fixedly on the ground; then she looked up; the mist of unshed tears dimmed her blue eyes, and her bosom heaved with the sigh she could not suppress.
"To me also the name of Wensleben is familiar. There is a link between our souls. Your friend has often spoken of you to me."
But she could say no more; tears checked her speech.
Edward's eyes were glistening also, and the two companions were silent; at length he began once more:
"My dear lady," he said, "my time is short, and I have a solemn message to deliver to you. Will you allow me to do so now?"
"To me?" she asked, in a tone of astonishment.
"From my departed friend," answered Edward, emphatically.
"From Ferdinand?—and that now—after—" she shrunk back, as if in terror.
"Now that he is no longer with us, do you mean? I found the message in his papers, which have been intrusted to me only lately, since I have been in the neighborhood. Among them was a token which I was to restore to you." He produced the ring. Emily seized it wildly, and trembled as she looked upon it.
"It is indeed my ring," she said at length, "the same which I gave him when we plighted our troth in secret. You are acquainted with everything, I perceive; I shall therefore risk nothing if I speak openly."
She wept, and pressed the ring to her lips.
"I see that my friend's memory is dear to you," continued Edward. You will forgive the prayer I am about to make to you: my visit to you concerns his ring."
"How—what is it you wish?" cried Emily; terrified.
"It was his wish," replied Edward. "He evinced an earnest desire to have this pledge of an unfortunate and unfulfilled engagement restored."
"How is that possible? You did not speak with him before his death; and this happened so suddenly after, that, to give you the commission—"
"There was no time for it! that is true," answered Edward, with an inward shudder, although outwardly he was calm. "Perhaps this wish was awakened immediately before his death. I found it, as I told you, expressed in those papers."
"Incomprehensible!" she exclaimed. "Only a short time before his death, we cherished—deceitful, indeed, they proved, but, oh, what blessed hopes! we reckoned on casualties, on what might possibly occur to assist as. Neither of us could endure to dwell on the idea of separation; and yet—yet since—Oh, my God," she cried, overcome by sorrow, and she hid her face between her hands.
Edward was lost in confused thought. For a time both again were silent: at length Emily started up—
"Forgive me, M. de Wensleben. What you have related to me, what you have asked of me, has produced so much excitement, so much agitation, that it is necessary that I should be alone for a few moments, to recover my composure."
"I am gone," cried Edward, springing from his chair.
"No! no!" she replied, "you are my guest; remain here. I have a household duty which calls me away." She laid a stress on these words.
She leant forward, and with a sad, sweet smile, she gave her hand to the friend of her lost Ferdinand, pressing his gently, and disappeared through the inner door.
Edward stood stunned, bewildered; then he paced the room with hasty steps, threw himself on the sofa, and took up one of the books that lay on the table, rather to have something in his hand, than to read. It proved to be Young's "Night Thoughts." He looked through it, and was attracted by many passages, which seemed, in his present frame of mind, fraught with peculiar meaning; yet his thoughts wandered constantly from the page to his dead friend. The candles, unheeded both by Emily and him, burned on with long wicks, giving little light in the silent room, over which the red glare from the hearth shed a lurid glow. Hurried footsteps sounded in the anteroom; the door was thrown open.
Edward looked up, and saw D'Effernay staring at him, and round the room, in an angry, restless manner.
Edward could not but think there was something almost unearthly in those dark looks and that towering form.
"Where is my wife?" was D'Effernay's first question.
"She is gone to fulfill some household duty," replied the other.
"And leaves you here alone in this miserable darkness! Most extraordinary!—indeed, most unaccountable!" and as he spoke he approached the table and snuffed the candles, with a movement of impatience.
"She left me here with old friends," said Edward, with a forced smile. "I have been reading."
"What, in the dark?" inquired D'Effernay, with a look of mistrust. "It was so dark when I came in, that you could not possibly have distinguished a letter."
"I read for some time, and then I fell into a train of thought, which is usually the result of reading Young's 'Night Thoughts.'"
"Young! I cannot bear that author. He is so gloomy."
"But you are fortunately so happy, that the lamentations of the lonely mourner can find no echo in your breast."
"You think so!" said D'Effernay, in a churlish tone, and he pressed his lips together tightly, as Emily came into the room: he went to meet her.
"You have been a long time away," was his observation, as he looked into her eyes, where the trace of tears might easily be detected. "I found our guest alone."
"M. de Wensleben was good enough to excuse me," she replied; "and then I thought you would be back immediately."
They sat down to the table; coffee was brought, and the past appeared to be forgotten.
The conversation at first was broken by constant pauses. Edward saw that Emily did all she could to play the hostess agreeably, and to pacify her husband's ill-humor.
In this attempt the young man assisted her, and at last they were successful. D'Effernay became more cheerful; the conversation more animated; and Edward found that his host could be a very agreeable member of society when he pleased, combining a good deal of information with great natural powers. The evening passed away more pleasantly than it promised at one time; and after an excellent and well-served supper, the young officer was shown into a comfortable room, fitted up with every modern luxury; and weary in mind and body, he soon fell asleep. He dreamed of all that had occupied his waking thoughts-of his friend, and his friend's history.
But in that species of confusion which often characterizes dreams, he fancied that he was Ferdinand, or at least, his own individuality seemed mixed up with that of Hallberg. He felt that he was ill. He lay in an unknown room, and by his bedside stood a small table, covered with glasses and phials, containing medicines, as is usual in a sick room.
The door opened, and D'Effernay came in, in his dressing-gown, as if he had just left his bed: and now in Edward's mind dreams and realities were mingled together, and he thought that D'Effernay came, perhaps, to speak with him on the occurrences of the preceding day. But no! he approached the table on which the medicines stood, looked at the watch, took up one of the phials and a cup, measured the draught, drop by drop, then he turned and looked round him stealthily, and then he drew from his breast a pale blue, coiling serpent, which he threw into the cup, and held it to the patient's lips, who drank, and instantly felt a numbness creep over his frame which ended in death. Edward fancied that he was dead; he saw the coffin brought, but the terror lest he should be buried alive, made him start up with a sudden effort, and he opened his eyes.
The dream had passed away; he sat in his bed safe and well; but it was long ere he could in any degree recover his composure, or get rid of the impression which the frightful apparition had made on him. They brought his breakfast, with a message from the master of the house to inquire whether he would like to visit the park, farms, &c. He dressed quickly, and descended to the court, where he found his host in a riding dress, by the side of two fine horses, already saddled. D'Effernay greeted the young man courteously; but Edward felt an inward repugnance as he looked on that gloomy though handsome countenance, now lighted up by the beams of the morning sun, yet recalling vividly the dark visions of the night. D'Effernay was full of attentions to his new friend. They started on their ride, in spite of some threatening clouds, and began the inspection of meadows, shrubberies, farms, &c. After a couple of hours, which were consumed in this manner, it began to rain a few drops, and at last burst out into a heavy shower. It was soon impossible even to ride through the woods for the torrents that were pouring down, and so they returned to the castle.
Edward retired to his room to change his dress, and to write some letters, he said, but more particularly to avoid Emily, in order not to excite her husband's jealousy. As the bell rang for dinner he saw her again, and found to his surprise that the captain, whom he had first seen in the coffee-room, and who had given him so much information, was one of the party. He was much pleased, for they had taken a mutual fancy to each other. The captain was not at quarters the day Edward had left them, but as soon as he heard where his friend had gone, he put horses to his carriage and followed him, for he said he also should like to see these famous estates. D'Effernay seemed in high good humor to-day, Emily far more silent than yesterday, and taking little part in the conversation of the men, which turned on political economy. After coffee she found an opportunity to give Edward (unobserved) a little packet. The look with which she did so, told plainly what it contained, and the young man hurried to his room as soon as he fancied he could do so without remark or comment. The continued rain precluded all idea of leaving the house any more that day. He unfolded the packet; there were a couple of sheets, written closely in a woman's fair hand, and something wrapped carefully in a paper, which he knew to be the ring. It was the fellow to that which he had given the day before to Emily, only Ferdinand's name was engraved inside instead of hers. Such were the contents of the papers:—
"Secrecy would be misplaced with the friend of the dead. Therefore, will I speak to you of things which I have never uttered to a human being until now. Jules D'Effernay is nearly related to me. We knew each other in the Netherlands, where our estates joined. The boy loved me already with a love that amounted to passion; this love was my father's greatest joy, for there was an old and crying injustice which the ancestors of D'Effernay had suffered from ours, that could alone, he thought, be made up by the marriage of the only children of the two branches. So we were destined for each other almost from our cradles; and I was content it should be so, for Jules's handsome face and decided preference for me were agreeable to me, although I felt no great affection for him. We were separated: Jules traveled in France, England, and America, and made money as a merchant, which profession he had taken up suddenly. My father, who had a place under government, left his country in consequence of political troubles, and came into this part of the world where some distant relations of my mother's lived. He liked the neighborhood; he bought land; we lived very happily; I was quite contented in Jules's absence; I had no yearning of the heart toward him, yet I thought kindly of him, and troubled myself little about my future. Then—then I learned to know your friend. Oh, then! I felt, when I looked upon him, when I listened to him, when we conversed together, I felt, I acknowledged that there might be happiness on earth, of which I had hitherto never dreamed. Then I loved for the first time, ardently, passionately, and was beloved in return. Acquainted with the family engagements, he did not dare openly to proclaim his love, and I knew I ought not to foster the feeling; but, alas! how seldom does passion listen to the voice of reason and of duty. Your friend and I met in secret; in secret we plighted our troth, and exchanged those rings, and hoped and believed that by showing a bold front to our destiny we should subdue it to our will. The commencement was sinful, it has met with a dire retribution, Jules's letters announced his speedy return. He had sold everything in his own country, had given up all his mercantile affairs, through which he had greatly increased an already considerable fortune, and now he was about to join us, or rather me, without whom he could not live. This appeared to me like the demand for payment of a heavy debt. This debt I owed to Jules, who loved me with all his heart, who was in possession of my father's promised word and mine also. Yet I could not give up your friend. In a state of distraction I told him all; we meditated flight. Yes, I was so far guilty, and I make the confession in hopes that some portion of my errors may be expiated by repentance. My father, who had long been in a declining state, suddenly grew worse, and this delayed and hindered the fulfillment of our designs. Jules arrived. During the five years he had been away he was much changed in appearance, and that advantageously. I was struck when I first saw him, but it was also easy to detect in those handsome features and manly bearing, a spirit of restlessness and violence which had already shown itself in him as a boy, and which passing years, with their bitter experience and strong passions, had greatly developed. The hope that we had cherished of D'Effernay's possible indifference to me, of the change which time might have wrought in his attachment, now seemed idle and absurd. His love was indeed impassioned. He embraced me in a manner that made me shrink from him, and altogether his deportment toward me was a strange contrast to the gentle, tender, refined affection of our dear friend. I trembled whenever Jules entered the room, and all that I had prepared to say to him, all the plans which I had revolved in my mind respecting him, vanished in an instant before the power of his presence, and the almost imperative manner in which he claimed my hand. My father's illness increased; he was now in a very precarious state, hopeless indeed. Jules rivaled me in filial attentions to him, that I can never cease to thank him for; but this illness made my situation more and more critical, and it accelerated the fulfillment of the contract. I was now to renew my promise to him by the death-bed of my father. Alas, alas! I fell senseless to the ground when this announcement was made to me. Jules began to suspect. Already my cold, embarrassed manner toward him since his return had struck him as strange. He began to suspect, I repeat, and the effect that this suspicion had on him, it would be impossible to describe to you. Even now, after so long a time, now that I am accustomed to his ways, and more reconciled to my fate by the side of a noble, though somewhat impetuous man, it makes me tremble to think of those paroxysms, which the idea that I did not love him called forth. They were fearful; he nearly sank under them. During two days his life was in danger. At last the storm passed, my father died; Jules watched over me with the tenderness of a brother, the solicitude of a parent; for that indeed I shall ever be grateful. His suspicion once awakened, he gazed round with penetrating looks to discover the cause of my altered feelings. But your friend never came to our house; we met in an unfrequented spot, and my father's illness had interrupted these interviews. Altogether I cannot tell if Jules discovered anything. A fearful circumstance rendered all our precautions useless, and cut the knot of our secret connection, to loose which voluntarily I felt I had no power. A wedding feast, at a neighboring castle, assembled all the nobility and gentry, and officers quartered near, together; my deep mourning was an excuse for my absence. Jules, though he usually was happiest by my side, could not resist the invitation, and your friend resolved to go, although he was unwell; he feared to raise suspicion by remaining away, when I was left at home. With great difficulty he contrived the first day to make one at a splendid hunt, the second day he could not leave his bed. A physician, who was in the house, pronounced his complaint to be violent fever, and Jules, whose room joined that of the sick man, offered him every little service and kindness which compassion and good feeling prompted; and I cannot but praise him all the more for it, as who can tell, perhaps, his suspicion might have taken the right direction? On the morning of the second day—but let me glance quickly at that terrible time, the memory of which can never pass from my mind—a fit of apoplexy most unexpectedly, but gently, ended the noblest life, and separated us forever! Now you know all. I inclose the ring. I cannot write more. Farewell!"
The conclusion of the letter made a deep impression on Edward. His dream rose up before his remembrance, the slight indisposition, the sudden death, the fearful nursetender, all arranged themselves in order before his mind, and an awful whole rose out of all these reflections, a terrible suspicion which he tried to throw off. But he could not do so, and when he met the captain and D'Effernay in the evening, and the latter challenged his visitors to a game of billiards, Edward glanced from time to time at his host in a scrutinizing manner, and could not but feel that the restless discontent which was visible in his countenance, and the unsteady glare of his eyes, which shunned the fixed look of others, only fitted too well into the shape of the dark thoughts which were crossing his own mind. Late in the evening, after supper, they played whist in Emily's boudoir. On the morrow, if the weather permitted, they were to conclude their inspection of the surrounding property, and the next day they were to visit the iron foundries, which, although distant from the Castle several miles, formed a very important item in the rent-roll of the estates. The company separated for the night. Edward fell asleep; and the same dream, with the same circumstances, recurred, only with the full consciousness that the sick man was Ferdinand. Edward felt overpowered, a species of horror took possession of his mind, as he found himself now in regular communication with the beings of the invisible world.
The weather favored D'Effernay's projects. The whole day was passed in the open air. Emily only appeared at meals, and in the evening when they played at cards. Both she and Edward avoided, as if by mutual consent, every word, every look that could awaken the slightest suspicion or jealous feeling in D'Effernay's mind. She thanked him in her heart for this forbearance, but her thoughts were in another world; she took little heed of what passed around her. Her husband was in an excellent temper; he played the part of host to perfection; and when the two officers were established comfortably by the fire, in the captain's room, smoking together, they could not but do justice to his courteous manners.