Here Mr. Ferret thought proper to intermingle in the conversation with a “Pish, what dost talk of docking the intail? Dost not know that by the statute Westm. 2, 13 Ed. the will and intention of the donor must be fulfilled, and the tenant in tail shall not alien after issue had, or before.” “Give me leave, sir,” replied Tom, “I presume you are a practitioner in the law. Now, you know, that in the case of a contingent remainder, the intail may be destroyed by levying a fine, and suffering a recovery, or otherwise destroying the particular estate, before the contingency happens. If feoffees, who possess an estate only during the life of a son, where divers remainders are limited over, make a feoffment in fee to him, by the feoffment, all the future remainders are destroyed. Indeed, a person in remainder may have a writ of intrusion, if any do intrude after the death of a tenant for life, and the writ ex gravi querela lies to execute a device in remainder after the death of a tenant in tail without issue.” “Spoke like a true disciple of Geber,” cries Ferret. “No, sir,” replied Mr. Clarke, “Counsellor Caper is in the conveyancing way—I was clerk to Serjeant Croker.” “Ay, now you may set up for yourself,” resumed the other; “for you can prate as unintelligibly as the best of them.”
“Perhaps,” said Tom, “I do not make myself understood; if so be as how that is the case, let us change the position, and suppose that this here case is a tail after a possibility of issue extinct. If a tenant in tail after a possibility make a feoffment of his land, he in reversion may enter for the forfeiture. Then we must make a distinction between general tail and special tail. It is the word body that makes the intail: there must be a body in the tail, devised to heirs male or female, otherwise it is a fee-simple, because it is not limited of what body. Thus a corporation cannot be seized in tail. For example, here is a young woman—What is your name, my dear?” “Dolly,” answered the daughter, with a curtsey. “Here’s Dolly—I seize Dolly in tail—Dolly, I seize you in tail”—“Sha’t then,” cried Dolly, pouting. “I am seized of land in fee—I settle on Dolly in tail.”
Dolly, who did not comprehend the nature of the illustration, understood him in a literal sense, and, in a whimpering tone, exclaimed, “Sha’t then, I tell thee, cursed tuoad!” Tom, however, was so transported with his subject, that he took no notice of poor Dolly’s mistake, but proceeded in his harangue upon the different kinds of tails, remainders, and seisins, when he was interrupted by a noise that alarmed the whole company. The rain had been succeeded by a storm of wind that howled around the house with the most savage impetuosity, and the heavens were overcast in such a manner that not one star appeared, so that all without was darkness and uproar. This aggravated the horror of divers loud screams, which even the noise of the blast could not exclude from the ears of our astonished travellers. Captain Crowe called out, “Avast, avast!” Tom Clarke sat silent, staring wildly, with his mouth still open; the surgeon himself seemed startled, and Ferret’s countenance betrayed evident marks of confusion. The ostler moved nearer the chimney, and the good woman of the house, with her two daughters, crept closer to the company.
After some pause, the captain starting up, “These,” said he, “be signals of distress. Some poor souls in danger of foundering—let us bear up a-head, and see if we can give them any assistance.” The landlady begged him, for Christ’s sake, not to think of going out, for it was a spirit that would lead him astray into fens and rivers, and certainly do him a mischief. Crowe seemed to be staggered by this remonstrance, which his nephew reinforced, observing, that it might be a stratagem of rogues to decoy them into the fields, that they might rob them under the cloud of night. Thus exhorted, he resumed his seat, and Mr. Ferret began to make very severe strictures upon the folly and fear of those who believed and trembled at the visitation of spirits, ghosts, and goblins. He said he would engage with twelve pennyworth of phosphorus to frighten a whole parish out of their senses; then he expatiated on the pusillanimity of the nation in general, ridiculed the militia, censured the government, and dropped some hints about a change of hands, which the captain could not, and the doctor would not, comprehend.
Tom Clarke, from the freedom of his discourse, concluded he was a ministerial spy, and communicated his opinion to his uncle in a whisper, while this misanthrope continued to pour forth his invectives with a fluency peculiar to himself. The truth is, Mr. Ferret had been a party writer, not from principle, but employment, and had felt the rod of power, in order to avoid a second exertion of which, he now found it convenient to skulk about in the country, for he had received intimation of a warrant from the secretary of state, who wanted to be better acquainted with his person. Notwithstanding the ticklish nature of his situation, it was become so habitual to him to think and speak in a certain manner, that even before strangers whose principles and connexions he could not possibly know, he hardly ever opened his mouth, without uttering some direct or implied sarcasm against the government.
He had already proceeded a considerable way in demonstrating, that the nation was bankrupt and beggared, and that those who stood at the helm were steering full into the gulf of inevitable destruction, when his lecture was suddenly suspended by a violent knocking at the door, which threatened the whole house with inevitable demolition. Captain Crowe, believing they should be instantly boarded, unsheathed his hanger, and stood in a posture of defence. Mr. Fillet armed himself with the poker, which happened to be red hot; the ostler pulled down a rusty firelock, that hung by the roof, over a flitch of bacon. Tom Clarke perceiving the landlady and her children distracted with terror, conducted them, out of mere compassion, below stairs into the cellar; and as for Mr. Ferret, he prudently withdrew into an adjoining pantry.
But as a personage of great importance in this entertaining history was forced to remain some time at the door before he could gain admittance, so must the reader wait with patience for the next chapter, in which he will see the cause of this disturbance explained much to his comfort and edification.
CHAPTER TWO
The outward door of the Black Lion had already sustained two dreadful shocks, but at the third it flew open, and in stalked an apparition that smote the hearts of our travellers with fear and trepidation. It was the figure of a man armed cap-a-pee, bearing on his shoulders a bundle dropping with water, which afterwards appeared to be the body of a man that seemed to have been drowned, and fished up from the bottom of the neighbouring river.
Having deposited his burden carefully on the floor, he addressed himself to the company in these words: “Be not surprised, good people, at this unusual appearance, which I shall take an opportunity to explain, and forgive the rude and boisterous manner in which I have demanded, and indeed forced admittance; the violence of my intrusion was the effect of necessity. In crossing the river, my squire and his horse were swept away by the stream, and, with some difficulty, I have been able to drag him ashore, though I am afraid my assistance reached him too late, for since I brought him to land he has given no signs of life.”
Here he was interrupted by a groan, which issued from the chest of the squire, and terrified the spectators as much as it comforted the master. After some recollection, Mr. Fillet began to undress the body, which was laid in a blanket on the floor, and rolled from side to side by his