CHAPTER XLI

Yet, Corah, thou shalt from oblivion pass;

Erect thyself, thou monumental brass,

High as the serpent of thy metal made,

While nations stand secure beneath thy shade.

--ABSALOM AND ACHITOPHEL.

The morning which Charles had spent in visiting the Tower, had been very

differently employed by those unhappy individuals, whom their bad fate,

and the singular temper of the times, had made the innocent tenants of

that state prison, and who had received official notice that they were

to stand their trial in the Court of Queen’s Bench at Westminster, on

the seventh succeeding day. The stout old Cavalier at first only railed

at the officer for spoiling his breakfast with the news, but evinced

great feeling when he was told that Julian was to be put under the same

indictment.

We intend to dwell only very generally on the nature of their trial,

which corresponded, in the outline, with almost all those which took

place during the prevalence of the Popish Plot. That is, one or two

infamous and perjured evidences, whose profession of common informers

had become frightfully lucrative, made oath to the prisoners having

expressed themselves interested in the great confederacy of the

Catholics. A number of others brought forward facts or suspicions,

affecting the character of the parties as honest Protestants and good

subjects; and betwixt the direct and presumptive evidence, enough was

usually extracted for justifying, to a corrupted court and perjured

jury, the fatal verdict of Guilty.

The fury of the people had, however, now begun to pass away, exhausted

even by its own violence. The English nation differ from all others,

indeed even from those of the sister kingdoms, in being very easily

sated with punishment, even when they suppose it most merited. Other

nations are like the tamed tiger, which, when once its native appetite

for slaughter is indulged in one instance, rushes on in promiscuous

ravages. But the English public have always rather resembled what is

told of the sleuth-dog, which, eager, fierce, and clamorous in pursuit

of his prey, desists from it so soon as blood is sprinkled upon his

path.

Men’s minds were now beginning to cool--the character of the witnesses

was more closely sifted--their testimonies did not in all cases

tally--and a wholesome suspicion began to be entertained of men, who

would never say they had made a full discovery of all they knew, but

avowedly reserved some points of evidence to bear on future trials.

The King also, who had lain passive during the first burst of popular

fury, was now beginning to bestir himself, which produced a marked

effect on the conduct of the Crown Counsel, and even the Judges. Sir

George Wakeman had been acquitted in spite of Oates’s direct testimony;

and public attention was strongly excited concerning the event of the

next trial; which chanced to be that of the Peverils, father and son,

with whom, I know not from what concatenation, little Hudson the dwarf

was placed at the bar of the Court of King’s Bench.

It was a piteous sight to behold a father and son, who had been so long

separated, meet under circumstances so melancholy; and many tears were

shed, when the majestic old man--for such he was, though now broken with

years--folded his son to his bosom, with a mixture of joy, affection,

and a bitter anticipation of the event of the impending trial. There was

a feeling in the Court that for a moment overcame every prejudice and

party feeling. Many spectators shed tears; and there was even a low

moaning, as of those who weep aloud.

Such as felt themselves sufficiently at ease to remark the conduct

of poor little Geoffrey Hudson, who was scarcely observed amid the

preponderating interest created by his companions in misfortune, could

not but notice a strong degree of mortification on the part of that

diminutive gentleman. He had soothed his great mind by the thoughts of

playing the character which he was called on to sustain, in a manner

which should be long remembered in that place; and on his entrance, had

saluted the numerous spectators, as well as the Court, with a cavalier

air, which he meant should express grace, high-breeding, perfect

coolness, with a noble disregard to the issue of their proceedings. But

his little person was so obscured and jostled aside, on the meeting of

the father and son, who had been brought in different boats from the

Tower, and placed at the bar at the same moment, that his distress and

his dignity were alike thrown into the background, and attracted neither

sympathy nor admiration.

The dwarf’s wisest way to attract attention would have been to remain

quiet, when so remarkable an exterior would certainly have received in

its turn the share of public notice which he so eagerly coveted. But

when did personal vanity listen to the suggestions of prudence?--Our

impatient friend scrambled, with some difficulty, on the top of the

bench intended for his seat; and there, “paining himself to stand

a-tiptoe,” like Chaucer’s gallant Sir Chaunticlere, he challenged the

notice of the audience as he stood bowing and claiming acquaintance

of his namesake Sir Geoffrey the larger, with whose shoulders,

notwithstanding his elevated situation, he was scarcely yet upon a

level.

The taller Knight, whose mind was occupied in a very different manner,

took no notice of these advances upon the dwarf’s part, but sat down

with the determination rather to die on the spot than evince any

symptoms of weakness before Roundheads and Presbyterians; under

which obnoxious epithets, being too old-fashioned to find out party

designations of newer date, he comprehended all persons concerned in his

present trouble.

By Sir Geoffrey the larger’s change of position, his face was thus

brought on a level with that of Sir Geoffrey the less, who had an

opportunity of pulling him by the cloak. He of Martindale Castle,

rather mechanically than consciously, turned his head towards the

large wrinkled visage, which, struggling between an assumed air of easy

importance, and an anxious desire to be noticed, was grimacing within a

yard of him. But neither the singular physiognomy, the nods and smiles

of greeting and recognition into which it was wreathed, nor the strange

little form by which it was supported, had at that moment the power of

exciting any recollections in the old Knight’s mind; and having stared

for a moment at the poor little man, his bulky namesake turned away his

head without farther notice.

Julian Peveril, the dwarf’s more recent acquaintance, had, even amid

his own anxious feelings, room for sympathy with those of his little

fellow-sufferer. As soon as he discovered that he was at the same

terrible bar with himself, although he could not conceive how their

causes came to be conjoined, he acknowledged him by a hearty shake of

the hand, which the old man returned with affected dignity and real

gratitude. “Worthy youth,” he said, “thy presence is restorative, like

the nepenthe of Homer even in this syncopé of our mutual fate. I am

concerned to see that your father hath not the same alacrity of soul as

that of ours, which are lodged within smaller compass; and that he hath

forgotten an ancient comrade and fellow-soldier, who now stands beside

him to perform, perhaps, their last campaign.”

Julian briefly replied, that his father had much to occupy him. But the

little man--who, to do him justice, cared no more (in his own phrase)

for imminent danger or death, than he did for the puncture of a flea’s

proboscis--did not so easily renounce the secret object of his ambition,

which was to acquire the notice of the large and lofty Sir Geoffrey

Peveril, who, being at least three inches taller than his son, was in so

far possessed of that superior excellence, which the poor dwarf, in

his secret soul, valued before all other distinctions, although in

his conversation, he was constantly depreciating it. “Good comrade and

namesake,” he proceeded, stretching out his hand, so as to again to

reach the elder Peveril’s cloak, “I forgive your want of reminiscence,

seeing it is long since I saw you at Naseby, fighting as if you had as

many arms as the fabled Briareus.”

The Knight of Martindale, who had again turned his head towards the

little man, and had listened, as if endeavouring to make something out

of his discourse, here interrupted him with a peevish, “Pshaw!”

“Pshaw!” repeated Sir Geoffrey the less; “_Pshaw_ is an expression of

slight esteem,--nay, of contempt,--in all languages; and were this a

befitting place----”

But the Judges had now taken their places, the criers called silence,

and the stern voice of the Lord Chief Justice (the notorious Scroggs)

demanded what the officers meant by permitting the accused to

communicate together in open court.

It may here be observed, that this celebrated personage was, upon the

present occasion, at a great loss how to proceed. A calm, dignified,

judicial demeanour, was at no time the characteristic of his official

conduct. He always ranted and roared either on the one side or the

other; and of late, he had been much unsettled which side to take, being

totally incapable of anything resembling impartiality. At the first

trials for the Plot, when the whole stream of popularity ran against the

accused, no one had been so loud as Scroggs; to attempt to the character

of Oates or Bedloe, or any other leading witnesses, he treated as a

crime more heinous than it would have been to blaspheme the Gospel

on which they had been sworn--it was a stifling of the Plot, or

discrediting of the King’s witnesses--a crime not greatly, if at all,

short of high treason against the King himself.

But, of late, a new light had begun to glimmer upon the understanding

of this interpreter of the laws. Sagacious in the signs of the times, he

began to see that the tide was turning; and that Court favour at least,

and probably popular opinion also, were likely, in a short time, to

declare against the witnesses, and in favour of the accused.

The opinion which Scroggs had hitherto entertained of the high respect

in which Shaftesbury, the patron of the Plot, was held by Charles,

had been definitely shaken by a whisper from his brother North to the

following effect: “His Lordship has no more interest at Court than your

footman.”

This notice, from a sure hand, and received but that morning, had

put the Judge to a sore dilemma; for, however indifferent to actual

consistency, he was most anxious to save appearances. He could not but

recollect how violent he had been on former occasions in favour of these

prosecutions; and being sensible at the same time that the credit of

the witnesses, though shaken in the opinion of the more judicious, was,

amongst the bulk of the people out of doors, as strong as ever, he had a

difficult part to play. His conduct, therefore, during the whole trial,

resembled the appearance of a vessel about to go upon another tack,

when her sails are shivering in the wind, ere they have yet caught the

impulse which is to send her forth in a new direction. In a word, he was

so uncertain which side it was his interest to favour, that he might be

said on that occasion to have come nearer a state of total impartiality

than he was ever capable of attaining, whether before or afterwards.

This was shown by his bullying now the accused, and now the witnesses,

like a mastiff too much irritated to lie still without baying, but

uncertain whom he shall first bite.

The indictment was then read; and Sir Geoffrey Peveril heard, with some

composure, the first part of it, which stated him to have placed his son

in the household of the Countess of Derby, a recusant Papist, for the

purpose of aiding the horrible and bloodthirsty Popish Plot--with having

had arms and ammunition concealed in his house--and with receiving

a blank commission from the Lord Stafford, who had suffered death on

account of the Plot. But when the charge went on to state that he had

communicated for the same purpose with Geoffrey Hudson, sometimes called

Sir Geoffrey Hudson, now, or formerly in the domestic service of the

Queen Dowager, he looked at his companion as if he suddenly recalled him

to remembrance, and broke out impatiently, “These lies are too gross

to require a moment’s consideration. I might have had enough of

intercourse, though in nothing but what was loyal and innocent, with my

noble kinsman, the late Lord Stafford--I will call him so in spite of

his misfortunes--and with my wife’s relation, the Honourable Countess

of Derby. But what likelihood can there be that I should have

colleagued with a decrepit buffoon, with whom I never had an instant’s

communication, save once at an Easter feast, when I whistled a hornpipe,

as he danced on a trencher to amuse the company?”

The rage of the poor dwarf brought tears in his eyes, while, with an

affected laugh, he said, that instead of those juvenile and festive

passages, Sir Geoffrey Peveril might have remembered his charging along

with him at Wiggan Lane.

“On my word,” said Sir Geoffrey, after a moment’s recollection, “I will

do you justice, Master Hudson--I believe you were there--I think I heard

you did good service. But you will allow you might have been near one

without his seeing you.”

A sort of titter ran through the Court at the simplicity of the larger

Sir Geoffrey’s testimony, which the dwarf endeavoured to control, by

standing on his tiptoes, and looking fiercely around, as if to admonish

the laughers that they indulged their mirth at their own peril. But

perceiving that this only excited farther scorn, he composed himself

into a semblance of careless contempt, observing, with a smile, that

no one feared the glance of a chained lion; a magnificent simile, which

rather increased than diminished the mirth of those who heard it.

Against Julian Peveril there failed not to be charged the aggravated

fact, that he had been bearer of letters between the Countess of Derby

and other Papists and priests, engaged in the universal treasonable

conspiracy of the Catholics; and the attack of the house at Moultrassie

Hall,--with his skirmish with Chiffinch, and his assault, as it

was termed, on the person of John Jenkins, servant to the Duke of

Buckingham, were all narrated at length, as so many open and overt acts

of treasonable import. To this charge Peveril contented himself with

pleading--Not Guilty.

His little companion was not satisfied with so simple a plea; for when

he heard it read, as a part of the charge applying to him, that he had

received from an agent of the Plot a blank commission as Colonel of a

regiment of grenadiers, he replied, in wrath and scorn, that if Goliath

of Gath had come to him with such a proposal, and proffered him the

command of the whole sons of Anak in a body, he should never have had

occasion or opportunity to repeat the temptation to another. “I would

have slain him,” said the little man of loyalty, “even where he stood.”

The charge was stated anew by the Counsel for the Crown; and forth came

the notorious Doctor Oates, rustling in the full silken canonicals

of priesthood, for it was a time when he affected no small dignity of

exterior decoration and deportment.

This singular man, who, aided by the obscure intrigues of the Catholics

themselves, and the fortuitous circumstance of Godfrey’s murder, had

been able to cram down the public throat such a mass of absurdity as his

evidence amounts to, had no other talent for imposture than an impudence

which set conviction and shame alike at defiance. A man of sense

or reflection, by trying to give his plot an appearance of more

probability, would most likely have failed, as wise men often to do

in addressing the multitude, from not daring to calculate upon the

prodigious extent of their credulity, especially where the figments

presented to them involve the fearful and the terrible.

Oates was by nature choleric; and the credit he had acquired made him

insolent and conceited. Even his exterior was portentous. A fleece of

white periwig showed a most uncouth visage, of great length, having the

mouth, as the organ by use of which he was to rise to eminence, placed

in the very centre of the countenance, and exhibiting to the astonished

spectator as much chin below as there was nose and brow above the

aperture. His pronunciation, too, was after a conceited fashion of his

own, in which he accented the vowels in a manner altogether peculiar to

himself.

This notorious personage, such as we have described him, stood forth on

the present trial, and delivered his astonishing testimony concerning

the existence of a Catholic Plot for the subversion of the government

and murder of the King, in the same general outline in which it may be

found in every English history. But as the doctor always had in reserve

some special piece of evidence affecting those immediately on trial, he

was pleased, on the present occasion, deeply to inculpate the Countess

of Derby. “He had seen,” as he said, “that honourable lady when he was

at the Jesuits’ College at Saint Omer’s. She had sent for him to an inn,

or _auberge_, as it was there termed--the sign of the Golden Lamb; and

had ordered him to breakfast in the same room with her ladyship; and

afterwards told him, that, knowing he was trusted by the Fathers of the

Society, she was determined that he should have a share of her

secrets also; and therewithal, that she drew from her bosom a broad

sharp-pointed knife, such as butchers kill sheep with, and demanded of

him what he thought of it for _the purpose_; and when he, the witness,

said for what purpose she rapt him on the fingers with her fan, called

him a dull fellow, and said it was designed to kill the King with.”

Here Sir Geoffrey Peveril could no longer refrain his indignation and

surprise. “Mercy of Heaven!” he said, “did ever one hear of ladies of

quality carrying butchering knives about them, and telling every scurvy

companion she meant to kill the King with them?--Gentleman of the Jury,

do but think if this is reasonable--though, if the villain could prove

by any honest evidence, that my Lady of Derby ever let such a scum as

himself come to speech of her, I would believe all he can say.”

“Sir Geoffrey,” said the Judge, “rest you quiet--You must not fly

out--passion helps you not here--the Doctor must be suffered to

proceed.”

Doctor Oates went on to state how the lady complained of the wrongs the

House of Derby had sustained from the King and the oppression of

her religion, and boasted of the schemes of the Jesuits and seminary

priests; and how they would be farthered by her noble kinsman of the

House of Stanley. He finally averred that both the Countess and the

Fathers of the seminary abroad, founded much upon the talents and

courage of Sir Geoffrey Peveril and his son--the latter of whom was a

member of her family. Of Hudson, he only recollected of having heard one

of the Fathers say, that although but a dwarf in stature, he would prove

a giant in the cause of the Church.

When he had ended his evidence, there was a pause, until the Judge,

as if the thought had suddenly occurred to him, demanded of Dr. Oates,

whether he had ever mentioned the names of the Countess of Derby in

any of the previous informations which he had lodged before the Privy

Council, and elsewhere, upon this affair.

Oates seemed rather surprised at the question, and coloured with anger,

as he answered, in his peculiar mode of pronunciation, “Whoy, no, maay

laard.”

“And pray, Doctor,” said the Judge, “how came so great a revealer of

mysteries as you have lately proved, to have suffered so material a

circumstance as the accession of this powerful family to the Plot to

have remained undiscovered?”

“Maay laard,” said Oates, with much effrontery, “aye do not come here to

have my evidence questioned as touching the Plaat.”

“I do not question your evidence, Doctor,” said Scroggs, for the time

was not arrived that he dared treat him roughly; “nor do I doubt the

existence of the _Plaat_, since it is your pleasure to swear to it. I

would only have you, for your own sake, and the satisfaction of all good

Protestants, to explain why you have kept back such a weighty point of

information from the King and country.”

“Maay laard,” said Oates, “I will tell you a pretty fable.”

“I hope,” answered the Judge, “it may be the first and last which you

shall tell in this place.”

“Maay laard,” continued Oates, “there was once a faux, who having to

carry a goose over a frazen river, and being afraid the aice would not

bear him and his booty, did caarry aaver a staane, my laard, in the

first instance, to prove the strength of the aice.”

“So your former evidence was but the stone, and now, for the first time,

you have brought us the goose?” said Sir William Scroggs; “to tell us

this, Doctor, is to make geese of the Court and Jury.”

“I desoire your laardship’s honest construction,” said Oates, who saw

the current changing against him, but was determined to pay the score

with effrontery. “All men knaw at what coast and praice I have given my

evidence, which has been always, under Gaad, the means of awakening this

poor naation to the dangerous state in which it staunds. Many here knaw

that I have been obliged to faartify my ladging at Whitehall against the

bloody Papists. It was not to be thought that I should have brought

all the story out at aance. I think your wisdome would have advised me

otherwise.” [*]

[*] It was on such terms that Dr. Oates was pleased to claim the

extraordinary privilege of dealing out the information which he

chose to communicate to a court of justice. The only sense in

which his story of the fox, stone, and goose could be applicable,

is by supposing that he was determined to ascertain the extent of

his countrymen’s credulity before supplying it with a full meal.

“Nay, Doctor,” said the Judge, “it is not for me to direct you in this

affair; and it is for the Jury to believe you or not; and as for myself,

I sit here to do justice to both--the Jury have heard your answer to my

question.”

Doctor Oates retired from the witness-box reddening like a turkey-cock,

as one totally unused to have such accounts questioned as he chose to

lay before the courts of justice; and there was, perhaps, for the first

time, amongst the counsel and solicitors, as well as the templars

and students of law there present, a murmur, distinct and audible,

unfavourable to the character of the great father of the Popish Plot.

Everett and Dangerfield, with whom the reader is already acquainted,

were then called in succession to sustain the accusation. They were

subordinate informers--a sort of under-spur-leathers, as the cant term

went--who followed the path of Oates, with all deference to his superior

genius and invention, and made their own fictions chime in and harmonise

with his, as well as their talents could devise. But as their evidence

had at no time received the full credence into which the impudence of

Oates had cajoled the public, so they now began to fall into discredit

rather more hastily than their prototype, as the super-added turrets of

an ill-constructed building are naturally the first to give way.

It was in vain that Everett, with the precision of a hypocrite,

and Dangerfield, with the audacity of a bully, narrated, with added

circumstances of suspicion and criminality, their meeting with Julian

Peveril in Liverpool, and again at Martindale Castle. It was in vain

they described the arms and accoutrements which they pretended to have

discovered in old Sir Geoffrey’s possession; and that they gave a most

dreadful account of the escape of the younger Peveril from Moultrassie

Hall, by means of an armed force.

The Jury listened coldly, and it was visible that they were but little

moved by the accusation; especially as the Judge, always professing his

belief in the Plot, and his zeal for the Protestant religion, was ever

and anon reminding them that presumptions were no proofs--that hearsay

was no evidence--that those who made a trade of discovery were likely to

aid their researches by invention--and that without doubting the

guilt of the unfortunate persons at the bar, he would gladly hear some

evidence brought against them of a different nature. “Here we are told

of a riot, and an escape achieved by the younger Peveril, at the house

of a grave and worthy magistrate, known, I think, to most of us. Why,

Master Attorney, bring ye not Master Bridgenorth himself to prove the

fact, or all his household, if it be necessary?--A rising in arms is

an affair over public to be left on the hearsay tale of these two

men--though Heaven forbid that I should suppose they speak one word more

than they believe! They are the witnesses for the King--and, what is

equally dear to us, the Protestant religion--and witnesses against a

most foul and heathenish Plot. On the other hand, here is a worshipful

old knight, for such I must suppose him to be, since he has bled often

in battle for the King,--such, I must say, I suppose him to be, until he

is proved otherwise. And here is his son, a hopeful young gentleman--we

must see that they have right, Master Attorney.”

“Unquestionably, my lord,” answered the Attorney. “God forbid else!

But we will make out these matters against these unhappy gentlemen in

a manner more close, if your lordship will permit us to bring in our

evidence.”

“Go on, Master Attorney,” said the Judge, throwing himself back in his

seat. “Heaven forbid I hinder proving the King’s accusation! I only

say, what you know as well as I, that _de non apparentibus et non

existentibus eadem est ratio_.”

“We shall then call Master Bridgenorth, as your lordship advised, who I

think is in waiting.”

“No!” answered a voice from the crowd, apparently that of a female; “he

is too wise and too honest to be here.”

The voice was distinct as that of Lady Fairfax, when she expressed

herself to a similar effect on the trial of Charles the First; but

the researches which were made on the present occasion to discover the

speaker were unsuccessful.

After the slight confusion occasioned by this circumstance was abated,

the Attorney, who had been talking aside with the conductors of the

prosecution, said, “Whoever favoured us with that information, my lord,

had good reason for what they said. Master Bridgenorth has become, I am

told, suddenly invisible since this morning.”

“Look you there now, Master Attorney,” said the Judge--“This comes of

not keeping the crown witnesses together and in readiness--I am sure I

cannot help the consequences.”

“Nor I either, my lord,” said the Attorney pettishly. “I could have

proved by this worshipful gentleman, Master Justice Bridgenorth, the

ancient friendship betwixt this party, Sir Geoffrey Peveril, and the

Countess of Derby, of whose doings and intentions Dr. Oates has given

such a deliberate evidence. I could have proved his having sheltered

her in his Castle against a process of law, and rescued her, by force of

arms, from this very Justice Bridgenorth, not without actual violence.

Moreover, I could have proved against young Peveril the whole affray

charged upon him by the same worshipful evidence.”

Here the Judge stuck his thumbs into his girdle, which was a favourite

attitude of his on such occasions, and exclaimed, “Pshaw, pshaw, Master

Attorney!--Tell me not that you _could_ have proved that, or that, or

this--Prove what you will, but let it be through the mouths of your

evidence. Men are not to be licked out of their lives by the rough side

of a lawyer’s tongue.”

“Nor is a foul Plot to be smothered,” said the Attorney, “for all the

haste your lordship is in. I cannot call Master Chiffinch neither, as

he is employed on the King’s especial affairs, as I am this instant

certiorated from the Court at Whitehall.”

“Produce the papers, then, Master Attorney, of which this young man is

said to be the bearer,” said the Judge.

“They are before the Privy Council, my lord.”

“Then why do you found on them here?” said the Judge--“This is something

like trifling with the Court.”

“Since your lordship gives it that name,” said the Attorney, sitting

down in a huff, “you may manage the cause as you will.”

“If you do not bring more evidence, I pray you to charge the Jury,” said

the Judge.

“I shall not take the trouble to do so,” said the Crown Counsel. “I see

plainly how the matter is to go.”

“Nay, but be better advised,” said Scroggs. “Consider, your case is

but half proved respecting the two Peverils, and doth not pinch on

the little man at all, saving that Doctor Oates said that he was in

a certain case to prove a giant, which seems no very probable Popish

miracle.”

This sally occasioned a laugh in the Court, which the Attorney-General

seemed to take in great dudgeon.

“Master Attorney,” said Oates, who always interfered in the management

of these law-suits, “this is a plain an absolute giving away of the

cause--I must needs say it, a mere stoifling of the Plaat.”

“Then the devil who bred it may blow wind into it again, if he lists,”

answered the Attorney-General; and, flinging down his brief, he left the

Court, as if in a huff with all who were concerned in the affair.

The Judge having obtained silence,--for a murmur arose in the Court when

the Counsel for the prosecution threw up his brief,--began to charge the

Jury, balancing, as he had done throughout the whole day, the different

opinions by which he seemed alternately swayed. He protested on his

salvation that he had no more doubt of the existence of the horrid and

damnable conspiracy called the Popish Plot, than he had of the treachery

of Judas Iscariot; and that he considered Oates as the instrument

under Providence of preserving the nation from all the miseries of his

Majesty’s assassination, and of a second Saint Bartholomew, acted in the

streets of London. But then he stated it was the candid construction of

the law of England, that the worse the crime, the more strong should

be the evidence. Here was the case of accessories tried, whilst

their principal--for such he should call the Countess of Derby--was

unconvicted and at large; and for Doctor Oates, he had but spoke of

matters which personally applied to that noble lady, whose words, if

she used such in passion, touching aid which she expected in some

treasonable matters from these Peverils, and from her kinsmen, or her

son’s kinsmen, of the House of Stanley, may have been but a burst of

female resentment--_dulcis Amaryllidis ira_, as the poet hath it. Who

knoweth but Doctor Oates did mistake--he being a gentleman of a

comely countenance and easy demeanour--this same rap with the fan as

a chastisement for lack of courage in the Catholic cause, when,

peradventure, it was otherwise meant, as Popish ladies will put, it is

said, such neophytes and youthful candidates for orders, to many severe

trials. “I speak these things jocularly,” said the Judge, “having no

wish to stain the reputation either of the Honourable Countess or the

Reverend Doctor; only I think the bearing between them may have related

to something short of high treason. As for what the Attorney-General

hath set forth of rescues and force, and I wot not what, sure I am, that

in a civil country, when such things happen such things may be proved;

and that you and I, gentlemen, are not to take them for granted

gratuitously. Touching this other prisoner, this _Galfridus minimus_, he

must needs say,” he continued, “he could not discover even a shadow of

suspicion against him. Was it to be thought so abortive a creature would

thrust himself into depths of policy, far less into stratagems of war?

They had but to look at him to conclude the contrary--the creature was,

from his age, fitter for the grave than a conspiracy--and by his size

and appearance, for the inside of a raree-show, than the mysteries of a

plot.”

The dwarf here broke in upon the Judge by force of screaming, to assure

him that he had been, simple as he sat there, engaged in seven plots in

Cromwell’s time; and, as he proudly added, with some of the tallest men

of England. The matchless look and air with which Sir Geoffrey made this

vaunt, set all a-laughing, and increased the ridicule with which the

whole trial began to be received; so that it was amidst shaking sides

and watery eyes that a general verdict of Not Guilty was pronounced, and

the prisoners dismissed from the bar.

But a warmer sentiment awakened among those who saw the father and son

throw themselves into each other’s arms, and, after a hearty embrace,

extend their hands to their poor little companion in peril, who, like

a dog, when present at a similar scene, had at last succeeded, by

stretching himself up to them and whimpering at the same time, to secure

to himself a portion of their sympathy and gratulation.

Such was the singular termination of this trial. Charles himself was

desirous to have taken considerable credit with the Duke of Ormond for

the evasion of the law, which had been thus effected by his private

connivance; and was both surprised and mortified at the coldness with

which his Grace replied, that he was rejoiced at the poor gentleman’s

safety, but would rather have had the King redeem them like a prince, by

his royal prerogative of mercy, than that his Judge should convey them

out of the power of the law, like a juggler with his cups and balls.

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