"Ah, but there comes in again a fresh difficulty; or rather a fresh
series of difficulties, beginning with what is, in the eye of the
law, the 'owner.' Let us for a moment take your case. You claim this
treasure--if it can be found--as held by you for the original possessor.
The original possessor was, I take it, the Pope, who sent it with the
Armada, to be used for the conversion or subduing of England. We will
take the purpose later, but in the meantime we are agreed that the
original owner was Pope Sixtus V. Now, the Popedom is an office, and on
the death of one incumbent his successor takes over all his rights and
powers and privileges whatever they may be. Thus, the Pope of to-day
stands in exactly the same position as did Pope Sixtus V, when he sent
through King Philip, and in trust of Bernardino de Escoban the aforesaid
treasure." I felt that the words 'aforesaid treasure' sounded very
legal; it helped to consolidate even my own ideas as I went along. "So,
too, you as the representative of your own family, are in the same
position of original trustee as was your great ancestor of which this
record takes cognisance." This too was convincingly legal in sound. "I
do not think that British law would recognise your position, or that
of your predecessors in the trust, in the same way as it would the
continuation of the ownership, if any, on the part of the succession of
the Popes. However, for the sake of the argument, let us take it they
would be of equal force. If this be so, the claim of ownership and
guardianship would be complete." As I paused, the Spaniard who had been
listening to me with pent up breath, breathed more freely. With a
graceful movement, which was almost a bow, he said:
"If so that you recognise the continued ownership, and if you speak
as the exponent of the British law, wherein then is the difficulty of
ownership at all; should it be that the treasure may be found?" Here was
the real difficulty of both my own argument and Don Bernardino's. For
my own part, I had not the faintest idea of what the law might be; but
I could see easily enough that great issues might be raised for the
British side against the Spanish. As I had to 'bluff' my opponent to a
certain extent, I added the impressions of personal conviction to my
manner as I answered:
"Have you considered what you, or rather your predecessors in title and
trust, have done to forfeit any rights which you may have had?" He paled
and was visibly staggered; it was evident that this view of the question
had not entered his mind. The mere suggestion of the matter now opened
up for him grave possibilities. His lips grew dry, and it was with a
voice hoarser than hitherto that, after a pause, he said:
"Go on!"
Public-domain text, read in full here on John Shaqi.
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