Part 34

“I will not say,” he continued with deliberate emphasis, “what hand her husband had in the death of that blessed martyr; she has enough to answer for her own guilt; and I must confess that it ought not, one way or other, to make any ingredient into this case what she was in former times.”

But he had dragged it in, protesting that it should not influence the case, yet coldly, calculatingly intending it to do so. She was the widow of a regicide, reason and to spare in the views of himself and his royal master why she should be hounded to her death upon any pretext.

Thereafter he reviewed the evidence against her, dwelt upon the shuffling of Dunne, deduced that the reason for so much lying was to conceal the damning truth--namely, that she knew Hicks for a rebel when she gave him shelter, and thus became the partner of his horrible guilt. Upon that he charged them to find their verdict “without any consideration of persons, but considering only the truth.”

Nevertheless, although his commands were clear, some of the jury would seem to have feared the God whom Jeffreys invoked so constantly. One of them rose to ask him pertinently, in point of law, whether it was treason to have harboured Hicks before the man had been convicted of treason.

Curtly he answered them that beyond doubt it was, and upon that assurance the jury withdrew, the Court settled down into an expectant silence, and her ladyship dozed again in her chair.

The minutes passed. It was growing late, and Jeffreys was eager to be done with this prejudged affair, that he might dine in peace. His voice broke the stillness of the court, protesting his angry wonder at the need to deliberate in so plain a case. He was threatening to adjourn and let the jury lie by all night if they did not bring in their verdict quickly. When, at the end of a half-hour, they returned, his fierce, impatient glance found them ominously grave.

“My lord,” said Mr. Whistler, the foreman, “we have to beg of your lordship some directions before we can bring our verdict. We have some doubt upon us whether there be sufficient proof that she knew Hicks to have been in the army.”

Well might they doubt it, for there was no proof at all. Yet he never hesitated to answer them.

“There is as full proof as proof can be. But you are judges of the proof. For my part, I thought there was no difficulty in it.”

“My lord,” the foreman insisted, “we are in some doubt about it.”

“I cannot help your doubts,” he said irritably. “Was there not proved a discourse of the battle and of the battle and of the army at supper-time?”

“But, my lord, we are not satisfied that she had notice that Hicks was in the army.”

He glowered upon them in silence for a moment. They deserved to be themselves indicted for their slowness to perceive where lay their duty to their king.

“I cannot tell what would satisfy you,” he said; and sneered. “Did she not inquire of Dunne whether Hicks had been in the army? And when he told her he did not know, she did not say she would refuse if he had been, but ordered him to come by night, by which it is evident she suspected it.”

He ignored, you see, her own complete explanation of that circumstance.

“And when Hicks and Nelthorp came, did she not discourse with them about the battle and the army?” (As if that were not at the time a common topic of discussion.) “Come, come, gentlemen,” he said, with amazing impudence, “it is plain proof.”

But Mr. Whistler was not yet satisfied.

“We do not remember, my lord, that it was proved that she asked any such question.”

That put him in a passion.

“Sure,” he bellowed, “you do not remember anything that has passed. Did not Dunne tell you there was such a discourse, and she was by? But if there were no such proof, the circumstances and management of the thing are as full proof as can be. I wonder what it is you doubt of!”

Mrs. Lisle had risen. There was a faint flush of excitement on her grey old face.

“My lord, I hope--” she began, in trembling tones, to get no further.

“You must not speak now!” thundered her terrible judge; and thus struck her silent.

The brief resistance to his formidable will was soon at an end. Within a quarter of an hour the jury announced their verdict. They found her guilty.

“Gentlemen,” said his lordship, “I did not think I should have occasion to speak after your verdict, but, finding some hesitancy and doubt among you, I cannot but say I wonder it should come about; for I think, in my conscience, the evidence was as full and plain as it could be, and if I had been among you, and she had been my own mother, I should have found her guilty.”

She was brought up for sentence on the morrow, together with several others subsequently convicted. Amid fresh invectives against the religion she practised, he condemned her to be burned alive--which was the proper punishment for high treason--ordering the sheriff to prepare for her execution that same afternoon.

“But look you, Mrs. Lisle,” he added, “we that are the judges shall stay in town an hour or two. You shall have pen, ink, and paper, and if, in the mean time, you employ that pen, ink, and paper and that hour or two well--you understand what I mean it may be that you shall hear further from us in a deferring of this execution.”

What was this meaning that he assumed she understood? Jeffreys had knowledge of Kirke's profitable traffic in the West, and it is known that he spared no means of acquiring an estate suitable to his rank which he did not possess by way of patrimony. Thus cynically he invited a bribe.