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and against the peace of “our sovereign lord the King that now is.”
Demurely dressed in grey, the little white-haired lady calmly faced
the Lord Chief Justice Jeffreys and the four judges of oyer and
terminer who sat with him, and confidently made her plea of “Not
Guilty.”
It was inconceivable that Christian men should deal harshly with
her for a technical offence amounting to an act of Christian charity.
And the judge, sitting there in his robe of scarlet reversed with
ermine, looked a gentle, kindly man; his handsome, oval, youthful
face - Jeffreys was in his thirty-sixth year - set in the heavy
black periwig, was so pale that the mouth made a vivid line of
scarlet; and the eyes that now surveyed her were large and liquid
and compassionate, as it seemed to her.
She was not to know that the pallor which gave him so interesting
an air, and the dark stains which lent his eyes that gentle
wistfulness, were the advertisements at once of the debauch that
had kept him from his bed until after two o’clock that morning and
of the inexorable disease that slowly gnawed away his life and
enraged him out of all humanity.
And the confidence his gentle countenance inspired was confirmed
by the first words he had occasion to address to her. She had
interrupted counsel to the Crown when, in his opening address to
the jury - composed of some of the most considerable gentlemen of
Hampshire - he seemed to imply that she had been in sympathy with
Monmouth’s cause. She was, of course, without counsel, and must
look herself to her defence.
“My lord,” she cried, “I abhorred that rebellion as much as any
woman in the world!”
Jeffreys leaned forward with a restraining gesture.
“Look you, Mrs. Lisle,” he admonished her sweetly, “because we
must observe the common and usual methods of trial in your case I
must interrupt you now.” And upon that he promised that she should
be fully heard in her own defence at the proper time, and that
himself he would instruct her in the forms of law to her advantage.
He reassured her by reverent allusions to the great Judge of Heaven
and Earth, in whose sight they stood, that she should have justice.
“And as to what you say concerning yourself,” he concluded, “I pray
God with all my heart you may be innocent.”
He was benign and reassuring. But she had the first taste of his
true quality in the examination of Dunne — a most unwilling witness.
Reluctantly, under the pressure put upon him, did Dunne yield up the
tale of how he had conducted the two absconders to my lady’s house
with her consent, and it was sought to prove that she was aware of
their connection with the rebellion. The stubbornly evasive Dunne
was asked at last:
“Do you believe that she knew Mr. Hicks before?”
He returned the answer that already he had returned to many
questions of the sort.
“I cannot tell truly.”
Jeffreys stirred in his scarlet robes, and his wistful eyes grew
terrible as they bent from under beetling brows upon the witness.
“Why,” he asked, “dost thou think that she would entertain any one
she had no knowledge of merely upon thy message? Mr. Dunne, Mr.
Dunne! Have a care. It may be more is known to me of this matter
than you think for.”
“My lord, I speak nothing but the truth!” bleated the terrified
Dunne.
“I only bid you have a care,” Jeffreys smiled; and his smile was
more terrible than his frown. “Truth never wants a subterfuge; it
always loves to appear naked; it needs no enamel nor any covering.
But lying and snivelling and canting and Hicksing always appear in
masquerade. Come, go on with your evidence.”
But Dunne was reluctant to go on, and out of his reluctance he lied
foolishly, and pretended that both Hicks and Nelthorp were unknown
to him. When pressed to say why he should have served two men whom
he had never seen before, he answered:
“All the reason that induced me to it was that they said they were
men in debt, and desired to be concealed for a while.”
Then the thunder was heard in Jeffreys’ voice.
“Dost thou believe that any one here believes thee? Prithee, what
trade art thou?”
“My lord,” stammered the unfortunate, “I - I am a baker by trade.”
“And wilt thou bake thy bread at such easy rates? Upon my word,
then, thou art very kind. Prithee, tell me. I believe thou dost
use to bake on Sundays, dost thou not?”
“No, my lord, I do not!” cried Dunne indignantly.
“Alackaday! Art precise in that,” sneered the judge. “But thou
canst travel on Sundays to lead rogues into lurking-holes.”
Later, when to implicate the prisoner, it was sought to draw from
Dunne a full account of the reception she had given his companions,
his terror under the bullying to which he was subjected made him
contradict himself more flagrantly than ever. Jeffreys addressed
the jury.
“You see, gentlemen, what a precious fellow this is; a very pretty
tool to be employed upon such an errand; a knave that nobody would
trust for half a crown. A Turk has more title to an eternity of
bliss than these pretenders to Christianity.”
And as there was no more to be got from Dunne just then, he was
presently dismissed, and Barter’s damning evidence was taken.
Thereafter the wretched Dunne was recalled, to be bullied by Jeffreys
in blasphemous terms that may not be printed here.
Barter had told the Court how my lady had come into the kitchen with
Dunne, and how, when he had afterwards questioned Dunne as to why
they had whispered and laughed together, Dunne told him she had asked
“If he knew aught of the business.” Jeffreys sought now to wring
from Dunne what was this business to which he had so mysteriously
alluded - this with the object of establishing Lady Lisle’s knowledge
of Hicks’s treason.
Dunne resisted more stubbornly than ever. Jeffreys, exasperated -
since without the admission it would be difficult to convict her
ladyship —invited the jury to take notice of the strange, horrible
carriage of the fellow, and heaped abuse upon the snivelling, canting
sect of which he was a member. Finally, he reminded Dunne of his
oath to tell the truth, and addressed him with a sort of loving
ferocity.
“What shall it profit a man to gain the whole world and lose his own
soul?” bellowed that terrible judge, his eyes aflame. “Is not this
the voice of Scripture itself? And wilt thou hazard so dear and
precious a thing as thy soul for a lie? Thou wretch! All the
mountains and hills of the world heaped upon one another will not
cover thee from the vengeance of the Great God for this transgression
of false-witness bearing.”
“I cannot tell what to say, my lord,” gasped Dunne.
In his rage to see all efforts vain, the judge’s language became
that of the cockpit. Recovering at last, he tried gentleness again,
and very elaborately invited Dunne, in my lady’s own interest, to
tell him what was the business to which he had referred to Barter.
“She asked me whether I did not know that Hicks was a Nonconformist.”
“That cannot be all. There must be something more in it.”
“Yes, my lord,” Dunne protested, “it is all. I know nothing more.”
“Was there ever such an impudent rascal?” roared the judge. “Dolt
think that, after all the pains I have been at to get an answer,
thou canst banter me with such sham stuff as this? Hold the candle
to his brazen face, that we may see it clearly.”
Dunne stood terrified and trembling under the glance of those
terrible eyes.
“My lord,” he cried, “I am so baulked, I am cluttered out of my
senses.”
Again he was put down whilst Colonel Penruddock gave his evidence
of the apprehension of the rebels. When he had told how he found
Hicks and Dunne concealed under some stuff in the malthouse,
Dunne was brought back yet again, that Jeffreys might resume his
cross-examination.
“Dunne, how came you to hide yourself in the malthouse?”
“My lord,” said Dunne foolishly, “I was frighted by the noise.”
“Prithee, what needest thou be afraid of, for thou didst not know
Hicks nor Nelthorp; and my lady only asked thee whether Hicks were
a Nonconformist parson. Surely, so very innocent a soul needed
no occasion to be afraid. I doubt there was something in the case
of that business we were talking of before. If we could but get
out of thee what it was.”
But Dunne continued to evade.
“My lord, I heard a great noise in the house, and did not know what
it meant. So I went and hid myself.”
“It is very strange thou shouldst hide thyself for a little noise,
when thou knewest nothing of the business.”
Again the witness, with a candle still held close to his nose,
complained that he was quite cluttered out of his senses, and did
not know what he was saying.
“But to tell the truth would not rob thee of any of thy senses, if
ever thou hadst any,” Jeffreys told him angrily. “But it would
seem that neither thou nor thy mistress, the prisoner, had any; for
she knew nothing of it either, though she had sent for them thither.”
“My lord,” cried her ladyship at that, “I hope I shall not be
condemned without being heard.”
“No, God forbid, Mrs. Lisle,” he answered; and then viciously
flashed forth a hint of the true forces of Nemesis at work against
her. “That was a sort of practice in your late husband’s time -
you know very well what I mean - but God be thanked it is not so
now.”
Came next the reluctant evidence of Carpenter and his wife, and
after that there was yet a fourth equally futile attempt to drag
from Dunne an admission that her ladyship was acquainted with
Hicks’s share in the rebellion. But if stupid, Dunne at least was
staunch, and so, with a wealth of valedictory invective, Jeffreys
dismissed him, and addressed at last the prisoner, inviting her to
speak in her own defence.
She rose to do so, fearlessly yet gently.
“My lord, what I have to say is this. I knew of nobody’s coming
to my house but Mr. Hicks, and for him I was informed that he did
abscond by reason of warrants that were out against him for
preaching in private meetings; for that reason I sent to him to
come by night. But I had never heard that Nelthorp was to come
with him, nor what name Nelthorp had till after he had come to my
house. I could die upon it. As for Mr. Hicks, I did not in the
least suspect that he had been in the army, being a Presbyterian
minister that used to preach and not to fight.”
“But I will tell you,” Jeffreys interrupted her, “that there is not
one of those lying, snivelling, canting Presbyterian rascals but
one way or the other had a hand in the late horrid conspiracy and
rebellion.”
“My lord, I abhorred both the principles and the practices of the
late rebellion,” she protested; adding that if she had been tried
in London, my Lady Abergavenny and many other persons of quality
could have testified with what detestation she
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