CHAPTER III. THE LORD CHIEF JUSTICE

It was not until two months later--on the 19th of September, if you

must have the actual date--that Peter Blood was brought to trial, upon

a charge of high treason. We know that he was not guilty of this; but

we need not doubt that he was quite capable of it by the time he was

indicted. Those two months of inhuman, unspeakable imprisonment had

moved his mind to a cold and deadly hatred of King James and his

representatives. It says something for his fortitude that in all the

circumstances he should still have had a mind at all. Yet, terrible

as was the position of this entirely innocent man, he had cause for

thankfulness on two counts. The first of these was that he should have

been brought to trial at all; the second, that his trial took place

on the date named, and not a day earlier. In the very delay which

exacerbated him lay--although he did not realize it--his only chance of

avoiding the gallows.

Easily, but for the favour of Fortune, he might have been one of those

haled, on the morrow of the battle, more or less haphazard from

the overflowing gaol at Bridgewater to be summarily hanged in the

market-place by the bloodthirsty Colonel Kirke. There was about the

Colonel of the Tangiers Regiment a deadly despatch which might have

disposed in like fashion of all those prisoners, numerous as they were,

but for the vigorous intervention of Bishop Mews, which put an end to

the drumhead courts-martial.

Even so, in that first week after Sedgemoor, Kirke and Feversham

contrived between them to put to death over a hundred men after a trial

so summary as to be no trial at all. They required human freights for

the gibbets with which they were planting the countryside, and they

little cared how they procured them or what innocent lives they took.

What, after all, was the life of a clod? The executioners were kept busy

with rope and chopper and cauldrons of pitch. I spare you the details of

that nauseating picture. It is, after all, with the fate of Peter Blood

that we are concerned rather than with that of the Monmouth rebels.

He survived to be included in one of those melancholy droves of

prisoners who, chained in pairs, were marched from Bridgewater to

Taunton. Those who were too sorely wounded to march were conveyed in

carts, into which they were brutally crowded, their wounds undressed and

festering. Many were fortunate enough to die upon the way. When Blood

insisted upon his right to exercise his art so as to relieve some of

this suffering, he was accounted importunate and threatened with a

flogging. If he had one regret now it was that he had not been out with

Monmouth. That, of course, was illogical; but you can hardly expect

logic from a man in his position.

His chain companion on that dreadful march was the same Jeremy Pitt who

had been the agent of his present misfortunes. The young shipmaster

had remained his close companion after their common arrest. Hence,

fortuitously, had they been chained together in the crowded prison,

where they were almost suffocated by the heat and the stench during

those days of July, August, and September.

Scraps of news filtered into the gaol from the outside world. Some may

have been deliberately allowed to penetrate. Of these was the tale of

Monmouth's execution. It created profoundest dismay amongst those men

who were suffering for the Duke and for the religious cause he had

professed to champion. Many refused utterly to believe it. A wild story

began to circulate that a man resembling Monmouth had offered himself up

in the Duke's stead, and that Monmouth survived to come again in glory

to deliver Zion and make war upon Babylon.

Mr. Blood heard that tale with the same indifference with which he had

received the news of Monmouth's death. But one shameful thing he heard

in connection with this which left him not quite so unmoved, and served

to nourish the contempt he was forming for King James. His Majesty had

consented to see Monmouth. To have done so unless he intended to pardon

him was a thing execrable and damnable beyond belief; for the only other

object in granting that interview could be the evilly mean satisfaction

of spurning the abject penitence of his unfortunate nephew.

Later they heard that Lord Grey, who after the Duke--indeed, perhaps,

before him--was the main leader of the rebellion, had purchased his own

pardon for forty thousand pounds. Peter Blood found this of a piece with

the rest. His contempt for King James blazed out at last.

“Why, here's a filthy mean creature to sit on a throne. If I had known

as much of him before as I know to-day, I don't doubt I should have

given cause to be where I am now.” And then on a sudden thought: “And

where will Lord Gildoy be, do you suppose?” he asked.

Young Pitt, whom he addressed, turned towards him a face from which the

ruddy tan of the sea had faded almost completely during those months of

captivity. His grey eyes were round and questioning. Blood answered him.

“Sure, now, we've never seen his lordship since that day at

Oglethorpe's. And where are the other gentry that were taken?--the real

leaders of this plaguey rebellion. Grey's case explains their absence,

I think. They are wealthy men that can ransom themselves. Here awaiting

the gallows are none but the unfortunates who followed; those who had

the honour to lead them go free. It's a curious and instructive reversal

of the usual way of these things. Faith, it's an uncertain world

entirely!”

He laughed, and settled down into that spirit of scorn, wrapped in

which he stepped later into the great hall of Taunton Castle to take his

trial. With him went Pitt and the yeoman Baynes. The three of them were

to be tried together, and their case was to open the proceedings of that

ghastly day.

The hall, even to the galleries--thronged with spectators, most of whom

were ladies--was hung in scarlet; a pleasant conceit, this, of the Lord

Chief Justice's, who naturally enough preferred the colour that should

reflect his own bloody mind.

At the upper end, on a raised dais, sat the Lords Commissioners, the

five judges in their scarlet robes and heavy dark periwigs, Baron

Jeffreys of Wem enthroned in the middle place.

The prisoners filed in under guard. The crier called for silence under

pain of imprisonment, and as the hum of voices gradually became hushed,

Mr. Blood considered with interest the twelve good men and true that

composed the jury. Neither good nor true did they look. They were

scared, uneasy, and hangdog as any set of thieves caught with their

hands in the pockets of their neighbours. They were twelve shaken men,

each of whom stood between the sword of the Lord Chief Justice's recent

bloodthirsty charge and the wall of his own conscience.

From them Mr. Blood's calm, deliberate glance passed on to consider the

Lords Commissioners, and particularly the presiding Judge, that Lord

Jeffreys, whose terrible fame had come ahead of him from Dorchester.

He beheld a tall, slight man on the young side of forty, with an oval

face that was delicately beautiful. There were dark stains of suffering

or sleeplessness under the low-lidded eyes, heightening their brilliance

and their gentle melancholy. The face was very pale, save for the vivid

colour of the full lips and the hectic flush on the rather high but

inconspicuous cheek-bones. It was something in those lips that marred

the perfection of that countenance; a fault, elusive but undeniable,

lurked there to belie the fine sensitiveness of those nostrils, the

tenderness of those dark, liquid eyes and the noble calm of that pale

brow.

The physician in Mr. Blood regarded the man with peculiar interest

knowing as he did the agonizing malady from which his lordship suffered,

and the amazingly irregular, debauched life that he led in spite of

it--perhaps because of it.

“Peter Blood, hold up your hand!”

Abruptly he was recalled to his position by the harsh voice of the clerk

of arraigns. His obedience was mechanical, and the clerk droned out the

wordy indictment which pronounced Peter Blood a false traitor against

the Most Illustrious and Most Excellent Prince, James the Second, by

the grace of God, of England, Scotland, France, and Ireland King, his

supreme and natural lord. It informed him that, having no fear of God in

his heart, but being moved and seduced by the instigation of the Devil,

he had failed in the love and true and due natural obedience towards his

said lord the King, and had moved to disturb the peace and tranquillity

of the kingdom and to stir up war and rebellion to depose his said lord

the King from the title, honour, and the regal name of the imperial

crown--and much more of the same kind, at the end of all of which he

was invited to say whether he was guilty or not guilty. He answered more

than was asked.

“It's entirely innocent I am.”

A small, sharp-faced man at a table before and to the right of him

bounced up. It was Mr. Pollexfen, the Judge-Advocate.

“Are you guilty or not guilty?” snapped this peppery gentleman. “You

must take the words.”

“Words, is it?” said Peter Blood. “Oh--not guilty.” And he went on,

addressing himself to the bench. “On this same subject of words, may it

please your lordships, I am guilty of nothing to justify any of those

words I have heard used to describe me, unless it be of a want of

patience at having been closely confined for two months and longer in a

foetid gaol with great peril to my health and even life.”

Being started, he would have added a deal more; but at this point the

Lord Chief Justice interposed in a gentle, rather plaintive voice.

“Look you, sir: because we must observe the common and usual methods of

trial, I must interrupt you now. You are no doubt ignorant of the forms

of law?”

“Not only ignorant, my lord, but hitherto most happy in that ignorance.

I could gladly have forgone this acquaintance with them.”

A pale smile momentarily lightened the wistful countenance.

“I believe you. You shall be fully heard when you come to your defence.

But anything you say now is altogether irregular and improper.”

Enheartened by that apparent sympathy and consideration, Mr. Blood

answered thereafter, as was required of him, that he would be tried by

God and his country. Whereupon, having prayed to God to send him a good

deliverance, the clerk called upon Andrew Baynes to hold up his hand and

plead.

From Baynes, who pleaded not guilty, the clerk passed on to Pitt, who

boldly owned his guilt. The Lord Chief Justice stirred at that.

“Come; that's better,” quoth he, and his four scarlet brethren nodded.

“If all were as obstinate as his two fellow-rebels, there would never be

an end.”

After that ominous interpolation, delivered with an inhuman iciness that

sent a shiver through the court, Mr. Pollexfen got to his feet. With

great prolixity he stated the general case against the three men, and

the particular case against Peter Blood, whose indictment was to be

taken first.

The only witness called for the King was Captain Hobart. He testified

briskly to the manner in which he had found and taken the three

prisoners, together with Lord Gildoy. Upon the orders of his colonel he

would have hanged Pitt out of hand, but was restrained by the lies of

the prisoner Blood, who led him to believe that Pitt was a peer of the

realm and a person of consideration.

As the Captain's evidence concluded, Lord Jeffreys looked across at

Peter Blood.

“Will the prisoner Blood ask the witness any questions?”

“None, my lord. He has correctly related what occurred.”

“I am glad to have your admission of that without any of the

prevarications that are usual in your kind. And I will say this, that

here prevarication would avail you little. For we always have the truth

in the end. Be sure of that.”

Baynes and Pitt similarly admitted the accuracy of the Captain's

evidence, whereupon the scarlet figure of the Lord Chief Justice heaved

a sigh of relief.

“This being so, let us get on, in God's name; for we have much to do.”

There was now no trace of gentleness in his voice. It was brisk and

rasping, and the lips through which it passed were curved in scorn. “I

take it, Mr. Pollexfen, that the wicked treason of these three rogues

being established--indeed, admitted by them--there is no more to be

said.”

Peter Blood's voice rang out crisply, on a note that almost seemed to

contain laughter.

“May it please your lordship, but there's a deal more to be said.”

His lordship looked at him, first in blank amazement at his audacity,

then gradually with an expression of dull anger. The scarlet lips fell

into unpleasant, cruel lines that transfigured the whole countenance.

“How now, rogue? Would you waste our time with idle subterfuge?”

“I would have your lordship and the gentlemen of the jury hear me on my

defence, as your lordship promised that I should be heard.”

“Why, so you shall, villain; so you shall.” His lordship's voice was

harsh as a file. He writhed as he spoke, and for an instant his features

were distorted. A delicate dead-white hand, on which the veins showed

blue, brought forth a handkerchief with which he dabbed his lips and

then his brow. Observing him with his physician's eye, Peter Blood

judged him a prey to the pain of the disease that was destroying him.

“So you shall. But after the admission made, what defence remains?”

“You shall judge, my lord.”

“That is the purpose for which I sit here.”

“And so shall you, gentlemen.” Blood looked from judge to jury. The

latter shifted uncomfortably under the confident flash of his blue eyes.

Lord Jeffreys's bullying charge had whipped the spirit out of them. Had

they, themselves, been prisoners accused of treason, he could not have

arraigned them more ferociously.

Peter Blood stood boldly forward, erect, self-possessed, and saturnine.

He was freshly shaven, and his periwig, if out of curl, was at least

carefully combed and dressed.

“Captain Hobart has testified to what he knows--that he found me at

Oglethorpe's Farm on the Monday morning after the battle at Weston. But

he has not told you what I did there.”

Again the Judge broke in. “Why, what should you have been doing there

in the company of rebels, two of whom--Lord Gildoy and your fellow

there--have already admitted their guilt?”

“That is what I beg leave to tell your lordship.”

“I pray you do, and in God's name be brief, man. For if I am to be

troubled with the say of all you traitor dogs, I may sit here until the

Spring Assizes.”

“I was there, my lord, in my quality as a physician, to dress Lord

Gildoy's wounds.”

“What's this? Do you tell us that you are a physician?”

“A graduate of Trinity College, Dublin.”

“Good God!” cried Lord Jeffreys, his voice suddenly swelling, his eyes

upon the jury. “What an impudent rogue is this! You heard the witness

say that he had known him in Tangiers some years ago, and that he was

then an officer in the French service. You heard the prisoner admit that

the witness had spoken the truth?”

“Why, so he had. Yet what I am telling you is also true, so it is. For

some years I was a soldier; but before that I was a physician, and I

have been one again since January last, established in Bridgewater, as I

can bring a hundred witnesses to prove.”

“There's not the need to waste our time with that. I will convict you

out of your own rascally mouth. I will ask you only this: How came you,

who represent yourself as a physician peacefully following your

calling in the town of Bridgewater, to be with the army of the Duke of

Monmouth?”

“I was never with that army. No witness has sworn to that, and I dare

swear that no witness will. I never was attracted to the late rebellion.

I regarded the adventure as a wicked madness. I take leave to ask your

lordship” (his brogue became more marked than ever) “what should I,

who was born and bred a papist, be doing in the army of the Protestant

Champion?”

“A papist thou?” The judge gloomed on him a moment. “Art more like

a snivelling, canting Jack Presbyter. I tell you, man, I can smell a

Presbyterian forty miles.”

“Then I'll take leave to marvel that with so keen a nose your lordship

can't smell a papist at four paces.”

There was a ripple of laughter in the galleries, instantly quelled by

the fierce glare of the Judge and the voice of the crier.

Lord Jeffreys leaned farther forward upon his desk. He raised that

delicate white hand, still clutching its handkerchief, and sprouting

from a froth of lace.

“We'll leave your religion out of account for the moment, friend,” said

he. “But mark what I say to you.” With a minatory forefinger he beat the

time of his words. “Know, friend, that there is no religion a man

can pretend to can give a countenance to lying. Thou hast a precious

immortal soul, and there is nothing in the world equal to it in value.

Consider that the great God of Heaven and Earth, before Whose tribunal

thou and we and all persons are to stand at the last day, will take

vengeance on thee for every falsehood, and justly strike thee into

eternal flames, make thee drop into the bottomless pit of fire and

brimstone, if thou offer to deviate the least from the truth and nothing

but the truth. For I tell thee God is not mocked. On that I charge you

to answer truthfully. How came you to be taken with these rebels?”

Peter Blood gaped at him a moment in consternation. The man was

incredible, unreal, fantastic, a nightmare judge. Then he collected

himself to answer.

“I was summoned that morning to succour Lord Gildoy, and I conceived it

to be the duty imposed upon me by my calling to answer that summons.”

“Did you so?” The Judge, terrible now of aspect--his face white, his

twisted lips red as the blood for which they thirsted--glared upon

him in evil mockery. Then he controlled himself as if by an effort.

He sighed. He resumed his earlier gentle plaintiveness. “Lord! How you

waste our time. But I'll have patience with you. Who summoned you?”

“Master Pitt there, as he will testify.”

“Oh! Master Pitt will testify--he that is himself a traitor

self-confessed. Is that your witness?”

“There is also Master Baynes here, who can answer to it.”

“Good Master Baynes will have to answer for himself; and I doubt not

he'll be greatly exercised to save his own neck from a halter. Come,

come, sir; are these your only witnesses?”

“I could bring others from Bridgewater, who saw me set out that morning

upon the crupper of Master Pitt's horse.”

His lordship smiled. “It will not be necessary. For, mark me, I do not

intend to waste more time on you. Answer me only this: When Master Pitt,

as you pretend, came to summon you, did you know that he had been, as

you have heard him confess, of Monmouth's following?”

“I did, My lord.”

“You did! Ha!” His lordship looked at the cringing jury and uttered a

short, stabbing laugh. “Yet in spite of that you went with him?”

“To succour a wounded man, as was my sacred duty.”

“Thy sacred duty, sayest thou?” Fury blazed out of him again. “Good God!

What a generation of vipers do we live in! Thy sacred duty, rogue, is to

thy King and to God. But let it pass. Did he tell you whom it was that

you were desired to succour?”

“Lord Gildoy--yes.”

“And you knew that Lord Gildoy had been wounded in the battle, and on

what side he fought?”

“I knew.”

“And yet, being, as you would have us believe, a true and loyal subject

of our Lord the King, you went to succour him?”

Peter Blood lost patience for a moment. “My business, my lord, was with

his wounds, not with his politics.”

A murmur from the galleries and even from the jury approved him. It

served only to drive his terrible judge into a deeper fury.

“Jesus God! Was there ever such an impudent villain in the world as

thou?” He swung, white-faced, to the jury. “I hope, gentlemen of the

jury, you take notice of the horrible carriage of this traitor rogue,

and withal you cannot but observe the spirit of this sort of people,

what a villainous and devilish one it is. Out of his own mouth he has

said enough to hang him a dozen times. Yet is there more. Answer me

this, sir: When you cozened Captain Hobart with your lies concerning the

station of this other traitor Pitt, what was your business then?”

“To save him from being hanged without trial, as was threatened.”

“What concern was it of yours whether or how the wretch was hanged?”

“Justice is the concern of every loyal subject, for an injustice

committed by one who holds the King's commission is in some sense a

dishonour to the King's majesty.”

It was a shrewd, sharp thrust aimed at the jury, and it reveals,

I think, the alertness of the man's mind, his self-possession ever

steadiest in moments of dire peril. With any other jury it must have

made the impression that he hoped to make. It may even have made its

impression upon these poor pusillanimous sheep. But the dread judge was

there to efface it.

He gasped aloud, then flung himself violently forward.

“Lord of Heaven!” he stormed. “Was there ever such a canting, impudent

rascal? But I have done with you. I see thee, villain, I see thee

already with a halter round thy neck.”

Having spoken so, gloatingly, evilly, he sank back again, and composed

himself. It was as if a curtain fell. All emotion passed again from his

pale face. Back to invest it again came that gentle melancholy. Speaking

after a moment's pause, his voice was soft, almost tender, yet every

word of it carried sharply through that hushed court.

“If I know my own heart it is not in my nature to desire the hurt of

anybody, much less to delight in his eternal perdition. It is out of

compassion for you that I have used all these words--because I would

have you have some regard for your immortal soul, and not ensure its

damnation by obdurately persisting in falsehood and prevarication. But I

see that all the pains in the world, and all compassion and charity are

lost upon you, and therefore I will say no more to you.” He turned again

to the jury that countenance of wistful beauty. “Gentlemen, I must tell

you for law, of which we are the judges, and not you, that if any person

be in actual rebellion against the King, and another person--who really

and actually was not in rebellion--does knowingly receive, harbour,

comfort, or succour him, such a person is as much a traitor as he who

indeed bore arms. We are bound by our oaths and consciences to declare

to you what is law; and you are bound by your oaths and your consciences

to deliver and to declare to us by your verdict the truth of the facts.”

Upon that he proceeded to his summing-up, showing how Baynes and Blood

were both guilty of treason, the first for having harboured a traitor,

the second for having succoured that traitor by dressing his wounds. He

interlarded his address by sycophantic allusions to his natural lord

and lawful sovereign, the King, whom God had set over them, and with

vituperations of Nonconformity and of Monmouth, of whom--in his own

words--he dared boldly affirm that the meanest subject within the

kingdom that was of legitimate birth had a better title to the crown.

“Jesus God! That ever we should have such a generation of vipers among

us,” he burst out in rhetorical frenzy. And then he sank back as if

exhausted by the violence he had used. A moment he was still, dabbing

his lips again; then he moved uneasily; once more his features were

twisted by pain, and in a few snarling, almost incoherent words he

dismissed the jury to consider the verdict.

Peter Blood had listened to the intemperate, the blasphemous, and almost

obscene invective of that tirade with a detachment that afterwards, in

retrospect, surprised him. He was so amazed by the man, by the reactions

taking place in him between mind and body, and by his methods of

bullying and coercing the jury into bloodshed, that he almost forgot

that his own life was at stake.

The absence of that dazed jury was a brief one. The verdict found the

three prisoners guilty. Peter Blood looked round the scarlet-hung court.

For an instant that foam of white faces seemed to heave before him. Then

he was himself again, and a voice was asking him what he had to say

for himself, why sentence of death should not be passed upon him, being

convicted of high treason.

He laughed, and his laugh jarred uncannily upon the deathly stillness

of the court. It was all so grotesque, such a mockery of justice

administered by that wistful-eyed jack-pudding in scarlet, who was

himself a mockery--the venal instrument of a brutally spiteful and

vindictive king. His laughter shocked the austerity of that same

jack-pudding.

“Do you laugh, sirrah, with the rope about your neck, upon the very

threshold of that eternity you are so suddenly to enter into?”

And then Blood took his revenge.

“Faith, it's in better case I am for mirth than your lordship. For I

have this to say before you deliver judgment. Your lordship sees me--an

innocent man whose only offence is that I practised charity--with a

halter round my neck. Your lordship, being the justiciar, speaks with

knowledge of what is to come to me. I, being a physician, may speak with

knowledge of what is to come to your lordship. And I tell you that I

would not now change places with you--that I would not exchange this

halter that you fling about my neck for the stone that you carry in

your body. The death to which you may doom me is a light pleasantry by

contrast with the death to which your lordship has been doomed by that

Great Judge with whose name your lordship makes so free.”

The Lord Chief Justice sat stiffly upright, his face ashen, his lips

twitching, and whilst you might have counted ten there was no sound in

that paralyzed court after Peter Blood had finished speaking. All those

who knew Lord Jeffreys regarded this as the lull before the storm, and

braced themselves for the explosion. But none came.

Slowly, faintly, the colour crept back into that ashen face. The scarlet

figure lost its rigidity, and bent forward. His lordship began to speak.

In a muted voice and briefly--much more briefly than his wont on such

occasions and in a manner entirely mechanical, the manner of a man

whose thoughts are elsewhere while his lips are speaking--he delivered

sentence of death in the prescribed form, and without the least

allusion to what Peter Blood had said. Having delivered it, he sank back

exhausted, his eyes half-closed, his brow agleam with sweat.

The prisoners filed out.

Mr. Pollexfen--a Whig at heart despite the position of Judge-Advocate

which he occupied--was overheard by one of the jurors to mutter in the

ear of a brother counsel:

“On my soul, that swarthy rascal has given his lordship a scare. It's a

pity he must hang. For a man who can frighten Jeffreys should go far.”

Captain Blood · 第 3 / 31 章