XVII., is from one end to the other a work of the imagination-a fable woven wholesale-a speculation upon the public credulity."

These are but a few of the numerous sham dauphins who have at various times appeared. One author, who has written a history of the elder branch of the House of Bourbon, estimates the total number of pretenders at a dozen and a half, while M. Beauchesne increases the list to thirty. But few, besides those whose history has been given, succeeded in gaining notoriety, and all failed to rouse the French authorities to punish or even to notice their transparent impostures.

THOMAS PROVIS-CALLING HIMSELF

GR

SIR RICHARD HUGH SMYTH.

REAT excitement prevailed throughout England towards the close of the year 1853, in consequence of the result of a trial which took place at the autumn assizes at Gloucester. A person calling himself Sir Richard Hugh Smyth laid claim to an extinct baronetcy, and brought an action of ejectment to recover possession of vast estates, situated in the neighbourhood of Bristol, and valued at nearly £30,000 a-year. The baronetcy in question had become, or was supposed to have become, extinct on the death of Sir John Smyth, in 1849, and at his decease the estates had passed to his sister Florence; and when she died, in 1852, had devolved upon her son, who was then a minor, and who was really the defendant in the cause. Mr Justice Coleridge presided at the trial, Mr (afterwards Lord-Justice) Bovill appeared for the claimant, and Sir Frederick Thesiger represented the defendant.

According to the opening address of the counsel for the plaintiff, his client had been generally supposed to be the son of a carpenter of Warminster named Provis, and had been brought up in this man's house as one of his

family. When the lad arrived at an age to comprehend such matters, he perceived that he was differently treated from the other members of the household, and, from cir cumstances which came to his knowledge, was led to suspect that Provis was not really his father, but that he was the son of Sir Hugh Smyth of Ashton Hall, near Bristol, and the heir to a very extensive property. It seemed that this baronet had married a Miss Wilson, daughter of the Bishop of Bristol, in 1797, that she had died childless some years later, and that he had, in 1822, united himself to a Miss Elizabeth. The second union proved as fruitless as the first, and when Sir Hugh himself died, in 1824, his brother John succeeded to the title and the greater portion of the property. By-and-by, however, certain facts came to the ears of the plaintiff, which left no doubt on his mind that he was the legitimate son of Sir Hugh Smyth, by a first and hitherto concealed marriage with Jane, daughter of Count Vandenbergh, to whom he had been secretly married in Ireland, in 1796. But, although the plaintiff was thus convinced himself, he knew that, while he possessed documents which placed his origin beyond a doubt, it would be extremely difficult for a person in his humble circumstances to substantiate his claim, or secure the services of a lawyer bold enough to take his case in hand, and refrained from demanding his rights until 1849; in which year, rendered desperate by delay, he went personally to Ashton Hall, obtained an interview with Sir John Smyth, and communicated to him his relationship and his claims.

The

meeting was much more satisfactory than might have been expected. As Sir John had been party to certain documents which were executed by his brother in his life. time (which were among those which had been discovered), and in which the circumstances of the concealed marriage and the birth of the claimant were acknowledged, it was useless for him to deny the justice of the demand, and he recognised his nephew without demur. But the excitement of the interview was too great for his failing strength, and he was found dead in bed next morning. Thus all the hopes of the real heir were dashed to the

ground, for it was not to be expected that the next-ofkin, who knew nothing of the supposed Provis, or of Sir Hugh's marriage, would yield up the estates to an utter stranger, without a severe struggle and a desperate litigation. He, therefore, refrained from putting forth his pretensions, and travelled the country with his wife and children, obtaining a precarious living by delivering lectures; and he took no steps to enforce his rights until 1851, when, after negotiations with several legal firms, he at length found the means of pursuing his claims before the tribunals of his country.

In support of the plaintiff's case a number of documents, family relics, portraits, rings, seals, &c., were put in evidence. At the time when the marriage was said to have taken place there was no public registration in Ireland, but a Family Bible was produced which bore on a fly-leaf a certification by the Vicar of Lismore that a marriage had been solemnized on the 19th of May, 1796, "between Hugh Smyth of Stapleton, in the county of Gloucester, England, and Jane, daughter of Count John Samuel Vandenbergh, by Jane, the daughter of Major Gookin and Hesther, his wife, of Court Macsherry, county of Cork, Ireland." In the same Bible was an entry of the plaintiff's baptism, signed by the officiating clergyman. A brooch was produced with the name of Jane Gookin upon it, and portrait of the claimant's mother, as well as a letter addressed by Sir Hugh Smyth to his wife on the eve of her delivery, in which he introduced a nurse to her. Besides these, there were two formal documents which purported to be signed by Sir Hugh Smyth, in which he solemnly declared the plaintiff to be his son. The first of these declarations was written when the baronet was in extreme ill-health, in 1822, and was witnessed by his brother John and three other persons. was discovered in the possession of a member of the family of Lydia Reed, the plaintiff's nurse. The second paper, which was almost the same in its terms, was discovered in the keeping of an attorney's clerk, who had formerly lived in Bristol. The following is a copy of it :

It

"I, Sir Hugh Smyth, of Ashton Park, in the county of Somerset, and of Rockley House, in the county of Wilts, do declare that, in the year 1796, I was married in the county of Cork, in Ireland, by the Rev. Verney Lovett, to Jane, the daughter of Count Vandenbergh, by Jane, the daughter of Major Gookin, of Court Macsherry, near Bandon. Witnesses thereto-The Countess of Bandon and Consena Lovett. In the following year, Jane Smyth, my wife, came to England, and, immediately after giving birth to a son, she died on the 2d day of February, 1797, and she lies buried in a brick vault in Warminster churchyard. My son was consigned to the care of my own nurse, Lydia Reed, who can at any time identify him by marks upon his right hand, but more especially by the turning up of both the thumbs, an indelible mark of identity in our family. My son was afterwards baptized by the Rev. James Symes of Midsomer Norton, by the names of Richard Hugh Smyth; the sponsors being the Marchioness of Bath and the Countess of Bandon, who named him Richard, after her deceased brother, Richard Boyle. Through the rascality of my butler, Grace, my son left England for the continent, and was reported to me as having died there; but, at the death of Grace, the truth came out that my son was alive, and that he would soon return to claim his rights. Now, under the impression of my son's death, I executed a will in 1814. That will I do, by this document, declare null and void, and, to all intents and purposes, sett asside (sic) in all its arrangements; the payment of my just debts, the provision for John, the son of the late Elizabeth Howell, and to the fulfilment of all matters not interfering with the rights of my heir-at-law. Now, to give every assistance to my son, should he ever return, I do declare him my legitimate son and heir to all the estates of my ancestors, and which he will find amply secured to him and his heirs for ever by the will of his grandfather, the late Thomas Smyth of Stapleton, Esq.; and further, by the will of my uncle, the late Sir John Hugh Smyth, baronet. Both those wills so fully arrange for the security of the property in possession or reversion that I have now only to appoint and constitute my be

loved brother John Smyth, Esq., my only executor for his life; and I do by this deed place the utmost confidence in my brother that he will at any future time do my son justice. And I also entreat my son to cause the remains of his mother to be removed to Ashton, and buried in the family vault close to my side, and to raise a monument to her memory.

"Now, in furtherance of the object of this deed, I do seal with my seal, and sign it with my name, and in the presence of witnesses, this 10th day of September, in the year of our Lord, 1823. "HUGH SMYTH (L.S.).

"William Edwards. "William Dobbson. 'James Abbott."

66

After some proof had been given as to the genuineness of the signatures to this and the other documents, the plaintiff was put into the witness-box. He said that his recollections extended back to the time when he was three years and a half old, when he lived with Mr Provis, a carpenter in Warminster. There was at that time an elderly woman and a young girl living there, the former being Mrs Reed, the wet-nurse, and the latter Mary Provis, who acted as nursemaid. He stayed at the house of Provis until Grace, Sir Hugh's butler, took him away, and placed him at the school of Mr Hill at Brislington, where he remained for a couple of years, occasionally visiting Colonel Gore and the family of the Earl of Bandon at Bath. From Brislington he was transferred by the Marchioness of Bath to Warminster Grammar School, and thence to Winchester College, where he resided as a commoner until 1810. He stated that he left Winchester because his bills had not been paid for the last eighteen months; and, by the advice of Dr Goddard, then headmaster of the school, proceeded to London, and told the Marchioness of Bath what had occurred. The marchioness kept him for a few days in her house in Grosvenor Square, but "being a woman of high tone, and thinking that possibly he was too old for her protection," she advised him to go to Ashton Court to his father, telling