Page:The Mystery of the Sea.djvu/353

Rh 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: