The Catholic World
Chapter 16 : "Ma pauvre Rose," said he piteously-- She gave a cry and start of terror, and

"Ma pauvre Rose," said he piteously--

She gave a cry and start of terror, and turned and saw him. The poor fellow's broken heart was in his face; she could not mistake the sweet-natured anguish there. Half bewildered by his inconceivable grief, he had gone to her, instinctively, like a child, for sympathy and comfort.

"Ma pauvre Rose," said he, brokenly; "notre pet.i.t--"

Pa.s.sionately she took his great head between her hands, and drew it down on her bosom, and kissed it pa.s.sionately weeping at last.

And we all came out softly, and left them--left them to that Pity which sends us the wholesome agony of such tears.

{117}

CARDINAL WISEMAN IN ROME.

"It was in the year 1863," says Monsignore Manning, in his funeral oration on the great prince of the Church whose loss the whole Catholic world is now deploring, "that the sovereign pontiff, speaking of the cardinal, described him as 'the man of divine Providence for England.'" And truly it seems to us that the direct inspiration of the Holy Ghost has seldom been so clearly apparent in the choice of a bishop as it was in the case of him who has filled the cathedral chair of Westminster for the last fifteen years. When we remember the peculiar circ.u.mstances under which he began his pastors.h.i.+p--the reaction which was steadily, though as yet almost imperceptibly, going on in favor of the Church; the doubt and perplexity and wavering with which a crowd of wandering souls were groping in darkness for the portals of divine truth; and then the outburst of anger with which the nation at large read the bulls of the Holy Father, raising up the English Church from the humiliation in which she had lain for three hundred years, we shall readily understand that a rare union of qualities was required in the man who should understand and direct those honest seekers after truth, and breast successfully that storm of popular fury. That Nicholas Wiseman, who had left England at the age of sixteen, and pa.s.sed twenty years of his youth and early manhood at Rome--absorbed, just at the time when the character is most liable to be moulded by external a.s.sociations, in the theological studies and ceremonies and sacred traditions of the ecclesiastical capital--that he, we say, should have displayed such a remarkable fitness for both these works, is not only an indication of the great qualities of the man, but an instructive commentary on the school in which he had been formed. It shows us that a Roman education, while it enlarges the view and sweeps away local prejudices, yet leaves untouched the salient points of national character. For his success in dealing with the Catholic movement which followed the emanc.i.p.ation act of 1829, Cardinal Wiseman was largely indebted to the quickness and accuracy of perception in theological matters which he had acquired during his long residence at the centre of the Christian Church; what helped him most in his victory over the burst of Protestant fury which followed the restoration of the English hierarchy, and found official expression in the ecclesiastical t.i.tles bill, was his thorough English boldness and honesty of speech and manly bearing. He appealed to his countrymen's traditional love of fair-play; they heard him; and before long all cla.s.ses learned to love and respect him.

Of the twenty years' schooling by which he prepared himself for his work in England, the cardinal has left us some admirable sketches, scattered through his books. Dr. Manning alluded briefly to the influence of his Roman education. We propose to gather up what the cardinal himself has said about it; to paint with his own pencil a picture of his life of preparation; leaving other hands, if they will, to paint his subsequent life of labor.

Nicholas Wiseman was born at Seville, in Spain, on the second of August, 1802. His father was an English merchant, his mother an Irish lady. He lost his father in infancy, and at the age of six, in consequence of those wars of invasion which for a time made Spain no longer habitable, was taken to Ireland to be educated. After spending one or two years at a boarding-school near Waterford, his mother went with him to England, and {118} placed him at St. Cuthbert's college, Ushaw, near Durham. Dr. Lingard was then vice-president of the college, "and I have retained upon my memory," wrote the cardinal, nearly fifty years afterward, "the vivid recollection of specific acts of thoughtful and delicate kindness, which showed a tender heart, mindful of its duties amidst the many hara.s.sing occupations just devolved on him through the death of the president and his own literary engagements; for he was reconducting his first great work through the press. But though he went from college soon after, and I later left the country, and saw him not again for fifteen years, yet there grew up an indirect understanding first, and by degrees a correspondence and an intimacy which continued to the close of his life." [Footnote 38]

[Footnote 38: _Recollections of the Last Four Popes_. Leo XII. Chap.

vii.]

It was in the course of the eight years which he pa.s.sed at this reverend seat of learning--lineal descendant of the old English college of Douay--that he determined to become a priest. Here he first began to manifest that deep affection for the city of St. Peter which distinguished him down to the end of his life. "Its history," he says, "its topography, its antiquities, had formed the bond of a little college society devoted to this queen of cities, while the dream of its longings had been the hope of one day seeing what could then only be known through hearsay tourists and fabulous plans." But the hope was fulfilled soon and unexpectedly. In 1818, Pope Pius VII. restored the English college at Rome, "after it had been desolate and uninhabited during almost the period of a generation." Nicholas Wiseman was one of a band of young men sent out to colonize it. He gives a charming description of the arrival of the little party at their Roman home, and the delight and surprise with which they roamed, alone and undirected, through the solemn building, with its wide corridors; its neat and cheerful rooms; its wainscotted refectory, from whose groined ceiling looked down St. George and the dragon; its library heaped with tumultuous piles of unorganized volumes; its garden, glowing with the lemon and orange, and presenting to one's first approach a perspective in fres...o...b.. Pozzi; and, above all, its chapel, illuminated from floor to roof with saints of England and celestial glories;--or, better still, adjoining the college, the old roofless church of the Holy Trinity, where in generations long past many a pilgrim from the British Isles had knelt to pray when the good priests of his nation fed and lodged him on his visit to the tomb of the apostles. Pleasant must have been the meeting, on that December afternoon in the year 1818, between these six young men and their appointed rector Dr. Gradwell, who, being absent when they arrived, came home that evening and found himself at the head of a college, and his frugal meal appropriated by the hungry students.

The happiness of that day casts a glow over the page on which, when he was an old man, the cardinal recorded the incidents. On Christmas eve he was presented, with some of his companions, to the venerable Pius VII. We can imagine the feelings of awe with which he approached this saintly man, released only a few years before from the French captivity. "There was the halo of a confessor round the tiara of Pius that eclipsed all gold and jewels.... Instead of receiving us, as was customary, seated, the mild and amiable pontiff rose to welcome us, and meet us as we approached. He did not allow it to be a mere presentation, or a visit of ceremony. It was a fatherly reception, and in the truest sense our inauguration into the duties that awaited us.

.... The friendly and almost national grasp of the hand, after due homage had been willingly paid, between the head of the Catholic Church, venerable by his very age, and a youth who had nothing even to promise; {119} the first exhortation on entering a course of ecclesiastical study--its very inaugural discourse from him whom he believed to be the fountain of spiritual wisdom on earth;--these surely formed a double tie, not to be broken, but rather strengthened, by every subsequent experience."

Doubtless his early dreams of Rome were now surpa.s.sed by the reality of his daily life. It was unalloyed spiritual and intellectual enjoyment. Study was no task; it was only a sort of pleasure; and the hours of relaxation became a source of mental schooling, even while he was pursuing the most delightful recreations. It is not difficult to imagine how he must have spent his holidays--roaming through the field of art, or resting at some seat of the Muses, or wandering along the stream of time, bordered by monuments of past greatness--every footstep awakening the echoes of cla.s.sic antiquity, or calling up the most sacred memories of the early suffering Church. Even the solitude of buried cemeteries, "where the tombs themselves are buried, where the sepulchres are themselves things decayed and mouldering in rottenness," is no solitude to him; for he peoples it with the shadowy forms of the Scipios and Nasones whose ashes are there deposited. How often, in after years, did he not recur with fond delight to the "images of long delicious strolls, in musing loneliness, through the deserted ways of the ancient city; of climbings among its hills, over ruins, to reach some vantage-ground for mapping the subjacent territory, and looking beyond on the glorious chains of greater and lesser mountains, clad in their imperial hues of gold and purple; and then perhaps of solemn entrance into the cool solitude of an open basilica, where the thought now rests, as the body then did, after the silent evening prayer, and brings forward from many well-remembered nooks every local inscription, every lovely monument of art, the characteristic feature of each, or the great names with which it is a.s.sociated.... Thus does Rome sink deep and deeper into the soul, like the dew, of which every separate drop is soft and weightless, but which still finds its way to the root of everything beneath the soil, imparting there to every future plant its own warm tint, its own balmy fragrance, and its own ever rejuvenescent vigor."

Such were his hours of recreation: still more delightful were his hours of study, especially in "the great public libraries, where noiseless monks brought him and piled round him the folios which he required, and he sat as still amidst a hundred readers as if he had been alone." Every day his love, his enthusiasm, for his work seemed to increase. So he pa.s.sed six or seven years, "lingering and lagging behind others," and revelling in spiritual and intellectual luxury.

"Every school-fellow had pa.s.sed on, and was hard at his n.o.ble work at home, was gaining a crown in heaven to which many have pa.s.sed." Our young student had kissed the feet of the dead Pius VII., as he lay in state in one of the chapels of St. Peter's; had mourned over the departure of the great minister Consalvi; had presented himself to Leo XII., and told him, "I am a foreigner who came here at the call of Pius VII., six years ago; my first patrons, Pius VII., Cardinals Litta, De Pietro, Fontana, and now Consalvi, are dead. I therefore recommend myself to your Holiness's protection, and hope you will be a father to me at this distance from my country." He had obtained the Holy Father's promise. Already he was known for a youth of marvellous talents and learning. He had maintained a public disputation in theology, and been rewarded for his success by the t.i.tle of D.D. At last came the jubilee-year of 1825. "The aim of years, the goal of long preparation, the longed-for crown of unwavering desires, the only prize thought worthy of being aspired to, was attained in the bright jubilee spring of Rome. It marks a blessed epoch in a {120} life to have had the grace of the priesthood superadded to the exuberant benedictions of that year."

Fortunately for the English college,--and fortunately, perhaps we should add, for England,--he was not yet to depart for the field of his great labor. To use his own modest words, he was found to be at hand in 1826, when some one was wanted for the office of vice-rector of the English college, and so was named to it; and when, in 1828, the worthy rector, Dr. Gradwell, was appointed bishop, Dr. Wiseman was, by almost natural sequence, named to succeed him.

Thus he continued to drink in the spirit of catholicity, and devotion, and steadiness in faith, of which Rome is the fountain on earth. With reverent affection he traced out the mementos of primitive Christianity, the tombs of the martyrs and saints, the altars and hiding-places and sacred inscriptions of the catacombs. These holy retreats had for him a fascination such as no other spot even in Rome possessed. Again and again he recurs to them in his writings, lingering fondly around the hallowed precincts, and inspiring his readers with the love for them that burned so ardently in his own breast. One of the last pieces that came from his pen was the little story of a martyr's tomb, which we have placed in this number of our magazine.

Other studies were not neglected. While his companions were indulging in the mid-day sleep, which almost everybody takes in Rome, he was at his books. Often he pa.s.sed whole nights in study, or walking to and fro, in meditation, through the corridors of the English college. The seasons of vacation he would often spend collating ancient ma.n.u.scripts in the Vatican library, and one of the fruits of that labor was his _Horae Syriacae_, published when he was only twenty-five years old. In the same year (1827), he was appointed--though without severing his connection with the English college--professor of oriental languages in the Roman university. It is no doubt to these two events that he alludes in the following extract from his "Recollections" of Leo XII., though he tells the story as if he had been only a witness of the circ.u.mstances: "It so happened," he says, "that a person connected with the English college was an aspirant to a chair in the Roman university. He had been encouraged to compete for it, on its approaching vacancy, by his professors. Having no claims of any sort, by interest or connection, he stood simply on the provision of the papal bull, which threw open all professors.h.i.+ps to compet.i.tion. It was but a secondary and obscure lectures.h.i.+p at best; one concerning which, it was supposed, few would busy themselves or come forward as candidates. It was, therefore, announced that this rule would be overlooked, and a person every way qualified, and of considerable reputation, would be named. The more youthful aspirant unhesitatingly solicited an audience, at which I was present. He told the Pope frankly of his intentions and of his earnest wish to have carried out, in his favor, the recent enactments of his Holiness. Nothing could be more affable, more encouraging, than Leo's reply. He expressed his delight at seeing that his regulation was not a dead letter, and that it had animated his pet.i.tioner to exertion. He a.s.sured him that he should have a fair chance, 'a clear stage and no favor,' desiring him to leave the matter in his hands.

"Time wore on; and as the only alternative given in the bull was proof, by publication of a work, of proficiency in the art or science that was to be taught, he quietly got a volume through the press--probably very heavy; but sprightliness or brilliancy was not a condition of the bull. When a vacancy arrived, it was made known, together with the announcement that it had been filled up. All seemed lost, except the honor of the pontiff, to which alone lay any appeal.

Another audience was asked, and {121} instantly granted, its motive being, of course, stated. I was again present, and shall not easily forget it. It was not necessary to re-state the case. 'I remember it all,' the Pope said most kindly; 'I have been surprised. I have sent for C----, through whom this has been done; I have ordered the appointment to be cancelled, and I have reproved him so sharply that I believe it is the reason why he is laid up to-day with fever. You have acted fairly and boldly, and you shall not lose the fruits of your industry. I will keep my word with you and the provisions of my const.i.tution.' With the utmost graciousness he accepted the volume--now treasured by its author, into whose hands the copy has returned--acknowledged the right to preference which it had established, and a.s.sured its author of fair play.

"The Pope had, in fact, taken up earnestly the cause of his youthful appellant; instead of annoyance, he showed earnestness and kindness; and those who had pa.s.sed over his pretensions with contempt were obliged to treat with him and compromise with him on terms that satisfied all his desires. Another audience for thanksgiving was kindly accorded, and I witnessed the same gentle and fatherly temper, quietly cheerful, and the same earnest sympathy with the feelings of him whose cause had been so graciously carried through. If this young client gained no new energies, gathered no strength from such repeated proofs of interest and condescension; if these did not both direct and impel, steer and fill, the sails of his little bark through many troubled waters; nay, if they did not tinge and savor his entire mental life, we may write that man soulless and incapable of any n.o.ble emotions."

We must not suppose, however, that all this while he was so lost among his books as to have forgotten that land for whose conversion he was destined to labor through the best part of his life. He told a dear friend how, having to wait one day at the Sapienza for the Hebrew lecture, he went into the Church of St. Eustachio to pray; and there, before the altar of the Blessed Sacrament and the altar of the Holy Virgin Mother, the thought came into his mind that, as his native country, in the oath which she imposes upon the chief personages of the state, solemnly abjures these sacred mysteries, it was his duty to devote himself to the defense and honor of those very doctrines in England. And no one who has read his sermons and lectures and pastorals can have failed to notice the burning love for the Eucharist and the Blessed Virgin which inspired him.

The time was not yet for his mission to England; and it is so hard, when the mind has been long running in one groove, to break out of it and take a totally different course, that perhaps he might have come in time to look upon the Roman theological schools as the ultimate sphere of usefulness for which G.o.d had destined him, had he not been suddenly called forth from his studious retirement by the voice of the supreme pontiff. It was in 1827 that Leo XII. determined to inst.i.tute in the church of Gesu e Maria a course of English sermons, to be attended by all colleges and religious communities that spoke the language, and by as many other persons as chose to listen. It was intended, of course, princ.i.p.ally for the benefit of strangers. His Holiness appointed Dr. Wiseman preacher. "The burden was laid there and then," says the cardinal, describing the audience at which he received this commission, "with peremptory kindness, by an authority that might not be gainsaid. And crus.h.i.+ngly it pressed upon the shoulders. It would be impossible to describe the anxiety, pain, and trouble which this command cost for many years after. Nor would this be alluded to were it not to ill.u.s.trate what has been kept in view through this volume--how the most insignificant life, temper, and mind may be moulded by the action of a {122} great and almost unconscious power. Leo could not see what has been the influence of his commission, in merely dragging from the commerce with the dead to that of the living one who would gladly have confined his time to the former,--from books to men, from reading to speaking. Nothing but this would have done it. Yet supposing that the providence of one's life was to be active, and in contact with the world, and one's future duties were to be in a country and in times where the most bashful may be driven to plead for his religion or his flock, surely a command overriding all inclination and forcing the will to undertake the best and only preparation for those tasks, may well be contemplated as a sacred impulse and a timely direction to a mind that wanted both. Had it not come then, it never more could have come; other bents would have soon become stiffened and unpliant; and no second opportunity could have been opened after others had satisfied the first demand."

From this time it would seem as if England had a stronger hold upon his heart than ever. The n.o.ble purpose--which worldly men have since laughed at as a wild dream--of devoting himself to the conversion of England, became the ruling idea of his life. And often alone at night in the college chapel he would "pour out his heart in prayer and tears, full of aspirations and of a firm trust; of promptings to go, but fear to outrun the bidding of our divine Master." He offered himself to the Pope for this great work; but still the time was not come; and he was told to wait.

But if he was not to go yet himself, he had his part to perform in making others ready. He well knew that to fit his pupils for their work, he must teach them something beside theology. Englishmen were a sort of Brahmins; the missionary who went among them must go as one versed in all learning, or he would not be listened to. He saw how the natural sciences were growing to be the favorite pursuit--we may almost say the hobby--of modern scholars, and in a preface to a thesis by a student of the English college he insisted on the necessity of uniting general and scientific knowledge to theological pursuits. As another instance of the personal influence which several successive pontiffs exercised over his studies, and the many kind marks of interest which contributed to attach him so strongly to their persons, we may repeat an anecdote which he tells in reference to this little essay. He went to present it to Pius VIII., but the Holy Father had it already before him, and said, "You have robbed Egypt of its spoil, and shown that it belongs to the people of G.o.d." The same idea which he briefly exposed in this essay, he developed more fully and with great wealth of ill.u.s.tration in a course of lectures on the Connection between Science and Revealed Religion, delivered first to his pupils and afterward to a distinguished audience at the apartments of Cardinal Weld. It was partly with a view to the revision and publication of these lectures that he visited England in 1835.

During his stay in London, he preached a series of controversial discourses in the Sardinian chapel during the Advent of 1835, and another in St. Mary's, Moorfields, in Lent, 1836. The latter were published under the t.i.tle of _Lectures on the Princ.i.p.al Doctrines and Practices of the Catholic Church_. They exhibit in a remarkable degree the qualities, so rare in polemical literature, of kindness, moderation, and charity for all men. The _odium theologic.u.m_, indeed, has less place at Rome than anywhere else in the Christian world. It was at the very centre and chief school of the science of divinity that he learned to fight against error without temper, and expose falsehood without hard language. "I will certainly bear willing testimony," he says, "to the absence of all harsh words and uncharitable insinuations against others in public lectures or private teaching, or even {123} in conversation at Rome. One grows up there in a kinder spirit, and learns to speak of errors in a gentler tone than elsewhere, though in the very centre of highest orthodox feeling." Dr.

Wiseman went back to the English college, leaving among his countrymen at home an enviable reputation for honesty, learning, and good sense.

A few years more pa.s.sed in frequent contact with the Holy Father, and under the continuous influence of the sacred a.s.sociations with which eighteen centuries have peopled the Christian capital, and Nicholas Wiseman was then ready to go forth to his work. The recollection of numberless favors and kind words from the supreme pontiff went with him, and strengthened him, and colored his thoughts. He has told of the cordial and paternal treatment with which he was honored by Gregory XVI. in particular. "An embrace would supply the place of ceremonious forms on entrance. At one time a long, familiar conversation, seated side by side; at another a visit to the penetralia of the pontifical apartment (a small suite of entresols, communicating by an internal staircase) occupied the time.

What it has been my happiness to hear from him in such visits, it would be betraying a sacred trust to reveal; but many and many words there spoken rise to the mind in times of trouble, like stars, not only bright in themselves, but all the brighter in their reflection from the brightness of their mirror. They have been words of mastery and spell over after events, promises, and prognostics which have not failed, a.s.surances and supports that have never come to naught."

[Footnote 39]

[Footnote 39: He gives an amusing account of a perplexing situation from which this same Pope once unwittingly delivered him, while he was engaged in his course of lectures on Science and Revealed Religion at the apartments of Cardinal Weld. "On one of the days of delivery," says he, "I had been prevented from writing the lecture in time, and was laboring to make up for my delay, but in vain.

Quarter after quarter of each hour flew rapidly on, and my advance bore no proportion to the matter before me. The fatal hour of twelve was fast approaching, and I knew not what excuse I could make, nor how to supply, except by a lame recital, the important portion yet unwritten of my task--for an index to the lectures had been printed and circulated. Just as the last moment arrived, a carriage from the palace drove to the door, with a message that I would step into it at once, as His Holiness wished to speak to me. This was, indeed, a _deus ex machina_--the only and least thought of expedient that could have saved me from my embarra.s.sment. A messenger was despatched to inform the gathering audience of the unexpected cause of necessary adjournment of our sitting till the next day. The object of my summons was one of very trifling importance, and Gregory little knew what a service he had unintentionally rendered me."]

In 1840 it was determined to increase the number of vicars apostolic in England from four to eight, and Dr. Wiseman, at the same time, was appointed coadjutor to Bishop Walsh at Wolverhampton. "It was a sorrowful evening," he says, "at the beginning of autumn, when, after a residence in Rome prolonged through twenty-two years, till affection clung to every old stone there, like the moss that grew into it, this strong but tender tie was cut, and much of future happiness had to be invested in the mournful recollections of the past."

Here we leave him. It was not until ten years later that he became cardinal, but though from 1840 to 1850 he filled only a subordinate position, he was working hard and well during this period, and fast rising to be the foremost man of all the Catholics of England. And his work never ceased. He lived to see the hierarchy established, and the conversion of his countrymen making steady if not rapid progress; but his energy never flagged when a part of his task was done; he pa.s.sed on from one labor to another, until that last day, when "he entered into the sanctuary of G.o.d's presence, from which he never again came forth."

{124}

From All The Year Bound.

THE NICK OF TIME.

Let us suppose a case that might occur if it has not occurred.

John Mullet, immersed (say) in the b.u.t.ton trade at Birmingham, has made money in business. He bequeaths his property by will, and is in due time gathered to his fathers. His two sons, Jasper and Josiah, take certain portions; and other portions are to go either to the family of Jasper or to that of Josiah, according as either one of those brothers survives the other. Jasper remains in England; but Josiah goes out to Australia, to establish something that may make his children great people over there. Both brothers, twelve thousand miles apart, die on the same day, May 1st, one at noon (Greenwich time), the other at noon (Sydney time). Jasper's children have been on pleasant cousinly terms with Josiah's; but they are aware of the fact that it would be better for them that Josiah should die before their own father, Jasper. Josiah's children, on the other hand, be they few or many, although they always liked uncle Jasper, cannot and do not ignore the fact that their interests would be better served by the survivors.h.i.+p of Josiah than that of Jasper. The two sets of cousins, therefore, plunge into a contest, to decide the question of survivors.h.i.+p between the two sons of old John Mullet.

This is one variety of a problem which the courts of law and equity are often called upon to settle. Occasionally the question refers to two persons who die at the same time, and in each other's company. For instance: Toward the close of the last century, George Netherwood, his children by his first wife, his second wife, and her son, were all wrecked during a voyage from Jamaica to England. Eight thousand pounds were left by will, in such a way that the relations of the two wives were greatly interested in knowing whether the second Mrs. Netherwood did or did not survive her husband, even by one single minute--a matter which, of course, could not be absolutely proved. Again, in 1806, Mr. Mason and one son were drowned at sea; his remaining eight children went to law, some of them against the others; because, if the father died before the son, 5,000 would be divided equally among the other eight children; whereas, if the son died before the father, the brothers only would get it, the sisters being shut out. A few years afterward Job Taylor and his wife were lost in a s.h.i.+p wrecked at sea; they had not much to leave behind them; but what little there was was made less by the struggles of two sets of relatives, each striving to show that one or other of the two hapless persons _might_ possibly have survived the other by a few minutes. In 1819 Major Colclough, his wife, and four children, were drowned during a voyage from Bristol to Cork; the husband and wife had both made wills; and there arose a pretty picking for the lawyers in relation to survivors.h.i.+ps and next of kin, and trying to prove whether the husband died first, the wife first, or both together. Two brothers, James and Charles Corbet, left Demerara on a certain day in 1828, in a vessel of which one was master and the other mate; the vessel was seen five days afterward, but from that time no news of her fate was ever received. Their father died about a month after the vessel was last seen. The ultimate disposal of his property depended very much on the question whether he survived his two sons or they survived him. Many curious arguments were used in court. Two or three captains stated that from August to January are hurricane {125} months in the West Indian seas, and that the s.h.i.+p was very likely to have been wrecked quite early in her voyage. There were, in addition, certain relations interested in James's dying before Charles; and they urged that, if the s.h.i.+p was wrecked, Charles was likely to have outlived by a little s.p.a.ce his brother James, because he was a stronger and more experienced man. Alas for the "glorious uncertainty!" One big-wig decided that the sons survived the father, and another that the father survived the sons. About the beginning of the present reign, three persons, father, mother, and child, were drowned on a voyage from Dublin to Quebec; the husband had made a will, leaving all his property to his wife; hence arose a contest between the next of kin and the wife's relations, each catching at any small fact that would (theoretically) keep one poor soul alive a few minutes longer than the other. About ten years ago, a gentleman embarked with his wife and three children for Australia: the s.h.i.+p was lost soon after leaving England; the mate, the only person who was saved among the whole of the crew and pa.s.sengers, deposed that he saw the hapless husband and wife locked in each other's arms at the moment when the waves closed over them. There would seem to be no question of survivors.h.i.+p here; yet a question really arose; for there were two wills to be proved, the terms of which would render the relatives much interested in knowing whether husband or wife did really survive the other by ever so small a portion of time.

These entangled contests may rest in peace, so far as the actual decisions are concerned. And so may others of a somewhat a.n.a.logous nature. Such, for instance, as the case of an old lady and her housekeeper at Portsmouth. They were both murdered one night. The lady had willed all her property to the housekeeper, and then, the lawyers fought over the question as to which of the women died first. Or, the case of a husband who promised, on his marriage-day, to settle 1,200 on his wife "in three or four years." They were both drowned about three years after the marriage; and it was not until after a tough struggle in chancery that the husband's relatives conquered those of the wife--albeit, the money had nearly vanished in law expenses by that time. Or, the case of a man who gave a power of attorney to sell some property. The property was sold on the 8th of June, but the man was never seen after the 8th of the preceding March, and was supposed to have been wrecked at sea; hence arose a question whether the man was or was not dead on the day when the property was sold--a question in which the buyer was directly interested. The decisions in these particular cases we pa.s.s over; but it is curious to see how the law sometimes tries to _guess_ at the nick of time in which either one of two persons dies. Sometimes the onus of proof rests on one of the two sets of relations. If they cannot prove a survivors.h.i.+p, the judgment is that the deaths were simultaneous. Sometimes the law philosophizes on vitality and decay. The Code Napoleon lays down the principle that of two persons who perish by the same calamity, if they were both children, the elder probably survived the younger by a brief s.p.a.ce, on account of having superior vital energy; whereas, if they were elderly people, the younger probably survived the elder. The code also takes anatomy and physiology into account, and discourses on the probability whether a man would or would not float longer alive than a woman, in the event of s.h.i.+pwreck. The English law is less precise in this matter. It is more p.r.o.ne to infer simultaneous death, unless proof of survivors.h.i.+p be actually brought forward. Counsel, of course, do not fail to make the best of any straw to catch at. According to the circ.u.mstances of the case, they argue that a man, being usually stronger than a woman, probably survives her a little in a case of {126} simultaneous drowning; that, irrespective of comparative strength, her greater terror and timidity would incapacitate her from making exertions which would be possible to him; that a seafaring man has a chance of surviving a landsman, on account of his experience in salt-water matters; that where there is no evidence to the contrary, a child may be presumed to have outlived his father; that a man in good health would survive one in ill health; and so forth.

The nick of time is not less an important matter in reference to single deaths, under various circ.u.mstances. People are often very much interested in knowing whether a certain person is dead or not. Unless under specified circ.u.mstances, the law refuses to kill a man--that is, a man known to have been alive at a certain date is presumed to continue to live, unless and until proof to the contrary is adduced.

But there are certain cases in which the application of this rule would involve hards.h.i.+p. Many leases are dependent on lives; and both lessor and lessee are concerned in knowing whether a particular life has terminated or not. Therefore, special statutes have been pa.s.sed, in relation to a limited number of circ.u.mstances, enacting that if a man were seen alive more than seven years ago, and has not since been seen or heard of, he may be treated as dead.

The nick of time occasionally affects the distribution or amount of property in relation to particular seasons. Some years ago the newspapers remarked on the fact that a lord of broad acres, whose rent-roll reached something like 40,000 a year, died "about midnight"

between the 10th and 11th of October; and the possible consequences of this were thus set forth: "His rents are payable at 'old time,' that is, old Lady-day and old Michaelmas-day. Old Michaelmas-day fell this year on Sunday, the 11th instant. The day begins at midnight. Now, the rent is due upon the first moment of the day it becomes due; so that at one second beyond twelve o'clock of the 10th instant, rent payable at old Michaelmas-day is in law due. If the lord died before twelve, the rents belong to the parties taking the estates; but if after twelve, then they belong to and form part of his personal estate. The difference of one minute might thus involve a question on the t.i.tle to about 20,000." We do not know that a legal difficulty did arise; the facts only indicate the mode in which one might have arisen. Sometimes that ancient British inst.i.tution, the house clock, has been at war with another British inst.i.tution, the parish church clock. A baby was born, or an old person died, just before the house clock struck twelve on a particular night, but after the church clock struck. On which day did the birth or death take place--yesterday or to-day? And how would this fact be ascertained, to settle the inheritance of an estate? We know an instance (not involving, however, the inheritance to property) of a lady whose relations never have definitely known on which day she was born; the pocket watch of the accoucheur who attended her mother pointed to a little before twelve at midnight, whereas the church clock had just struck twelve. Of course a particular day had to be named in the register; and as the doctor maintained that his watch was right, there were the materials for a very pretty quarrel if the parties concerned had been so disposed. It might be that the nick of time was midnight exactly, as measured by solar or sun-dial time: that is, the sun may have been precisely in the nadir at that moment; but this difficulty would not arise in practice, as the law knows only mean time, not sun-dial time. If Greenwich time were made legal everywhere, and if electric clocks everywhere established communication with the master clock at the observatory, there might be another test supplied; but under the conditions stated, it would be a nice matter of _Tweedledum_ and _Tweedledee_ {127} to determine whether the house clock, the church clock, or a pocket watch, should be relied upon. All the pocket watches in the town might be brought into the witness-box, but without avail; for if some accorded with the house clock, others would surely be found to agree better with the church clock.

This question of clocks, as compared with time measured by the sun, presents some very curious aspects in relation to longitude. What's o'clock in London will not tell you what's o'clock in Falmouth, unless you know the difference of longitude between the two places. The sun takes about twenty minutes to go from the zenith of the one to the zenith of the other. Local time, the time at any particular town, is measured from the moment of noon at that town; and noon itself is when the sun comes to the meridian of that place. Hence Falmouth noon is twenty minutes after London noon, Falmouth midnight twenty minutes after London midnight; and so on. When it is ten minutes after midnight, on the morning of Sunday, the 1st of January, in London, it is ten minutes before midnight, on Sat.u.r.day, the 31st of December, at Falmouth. It is a Sabbath at the one place, a working-day at the other. That particular moment of absolute time is in the year 1865 at the one, and 1864 at the other. Therefore, we see, it might become a ticklish point in what year a man died, solely on account of this question of longitude, irrespective of any wrong-going or wrong-doing of clocks, or of any other doubtful points whatever. Sooner or later this question will have to be attended to. In all our chief towns, nearly all our towns indeed, the railway-station clocks mark Greenwich time, or, as it is called, "railway time;" the church clocks generally mark local time; and some commercial clocks, to serve all parties, mark both kinds of time on the same dial-face, by the aid of an additional index hand. Railway time is gradually beating local time; and the law will by-and-by have to settle which shall be used as the standard in determining the moment of important events. Some of the steamers plying between England and Ireland use Greenwich time in notifying the departures from the English port, and Dublin time in notifying those from the Irish port; a method singularly embarra.s.sing to a traveller who is in the habit of relying on his own watch. Does a sailor get more prog, more grog, more pay, within a given s.p.a.ce of absolute time when coming from America to England, or when going from England to America? The difference is far too slight to attract either his attention or that of his employers; yet it really is the case that he obtains more good things in the former of these cases than in the latter. His days are shorter on the homeward than on the outward voyage; and if he receive so much provisions and pay per day, he interprets day as it is to him on s.h.i.+pboard. When in harbor, say at Liverpool, a day is, to him as to every one else who is stationary like himself, a period of definite length; but when he travels Eastward or Westward, his days are variable in length. When he travels West, he and the sun run a race; the sun of course beats; but the sailor accomplishes a little, and the sun has to fetch up that little before he can complete what foot-racers call a lap. In other words, there is a longer absolute time between noon and noon to the sailor going West, than to the sailor ash.o.r.e. When he travels East, on the contrary, he and the sun run toward each other; insomuch that there is less absolute time in the period between his Monday's noon and Tuesday's noon than when he was ash.o.r.e. The s.h.i.+p's noon is usually dinner-time for the sailors; and the interval between that and the next noon (measured by the sun, not by the chronometer) varies in length through the causes just noticed. Once now and then there are facts recorded in the newspapers which bring this {128} truth into prominence--a truth demonstrable enough in science, but not very familiar to the general public. When the _Great Eastern_ made her first veritable voyage across the Atlantic in June, 1860, she left Southampton on the 17th, and reached New York on the 28th. As the s.h.i.+p was going West, more or less, all the while, she was going with or rather after the sun; the interval was greater between noon and noon than when the s.h.i.+p was anch.o.r.ed off Southampton; and the so-called eleven days of the voyage were eleven long days. As it was important, in reference to a problem in steam navigation, to know how many revolutions the paddles made in a given time, to test the power of the mighty s.h.i.+p, it was necessary to bear in mind that the s.h.i.+p's day was longer than a sh.o.r.e day; and it was found that, taking lat.i.tude and longitude into account, the day on which the greatest run was made was nearly twenty-four and a half hours long; the s.h.i.+p's day was equal to half an hour more than a landsman's day. The other days varied from twenty-four to twenty-four and a half. On the return voyage all this was reversed; the s.h.i.+p met the sun, the days were less than twenty-four ordinary hours long, and the calculations had to be modified in consequence. The sailors, too, got more food in a homeward week than an outward week, owing to the intervals between the meals being shorter albeit, their appet.i.tes may not have been cognizant of the difference.

And this brings us back to our hypothetical Mullets. Josiah died at noon (Sydney time), and Jasper died on the same day at noon (Greenwich time). Which died first? Sydney, although not quite at the other side of the world, is nearly so; it is ten hours of longitude Eastward of Greenwich; the sun rises there ten hours earlier than with us. It is nearly bed-time with Sydney folks when our artisans strike work for dinner. There would, therefore, be a reasonable ground for saying that Josiah died first. But had it been New Zealand, a curious question might arise. Otago, and some other of the settlements in those islands, are so near the antipodes of Greenwich, that they may either be called eleven and three-quarter hours East, or twelve and a quarter hours West, of Greenwich, according as we suppose the navigator to go round the Cape of Good Hope or round Cape Horn. At six in the morning in London, it is about six in the evening at New Zealand. But of which day? When it is Monday morning in London, is it Sunday evening or Monday evening in New Zealand? This question is not so easy to solve as might be supposed. When a s.h.i.+p called at Pitcairn Island several years ago, to visit the singular little community that had descended from the mutineers of the Bounty, the captain was surprised to find exactly one day difference between his s.h.i.+p's reckoning and that of the islanders; what was Monday, the 26th, to the one, was Tuesday, the 27th, to the other. A voyage East had been the origin of one reckoning, a voyage West that of the other. Not unlikely we should have to go back to the voyage of the Bounty itself, seventy-seven years ago, to get to the real origin of the Pitcairners' reckoning.