THE TRIAL
The excitement, great as it was, had perforce to be kept in check.
The Clerk of the Crown had collected his papers: he now stood up and
called upon the accused:
"Robert, Duke of Wessex and of Dorchester, Earl of Launceston, Wexford
and Bridthorpe, Baron of Greystone, Ullesthorpe and Edbrooke, Premier
Peer of England, hold up thy right hand."
The prisoner having done so, Mr. Barham, the Queen's Sergeant, opened
the contents of the indictment.
"Whereas it is said that on the fourteenth day of October thou didst
unlawfully kill Don Miguel, Marquis de Suarez, grandee of Spain and
envoy extraordinary of His Most Catholic Majesty the King of Spain, thou
art therefore to make answer to this charge of murder. I therefore
charge thee once again: art thou guilty of this crime, whereof thou art
indicted, yea or nay?"
"I am guilty," replied Wessex firmly, "and I have confessed."
"By whom wilt thou be tried?"
"By God and by my peers."
"Before we proceed," continued the Sergeant, "what sayest thou, Robert,
Duke of Wessex, is that which thou hast confessed true?"
"It is true."
"And didst thou confess it willingly and freely of thyself, or was there
any extortion or unfair means to draw it from thee?"
"Surely I made that confession freely," replied the prisoner, "without
any constraint, and that is all true."
"And hast thou read the depositions of those who were witness of thy
crime, and who have added their testimony to that which thine accusers,
the Queen's Commissioners, already know?"
"I have not read those depositions, as there was no one present when Don
Miguel died save I--his murderer--and God!"
As Wessex made this last bold declaration, the Queen's Serjeant turned
towards His Eminence as if expecting guidance from that direction, but
as nothing came he continued--
"I would have thee weigh well what thou sayest. Thine answers and
confessions, if spoken truthfully, will do much to mitigate the severity
of the punishment which thy crime hath called forth."
"I will make mine own confession," retorted Wessex, with a sudden quick
return to his own haughty manner. "I pray you teach me not how to answer
or confess. But because I was not cognizant whether my peers did know it
all or not, I have made a short declaration of my doings with Don
Miguel. That is the truth, my lords," he added, addressing his triers
and judges on the bench, "everything else which hath been added contrary
to mine own confession is a lie and a perjury, as God here is my
witness."
"Thy confession is but a brief record of the fact, as the Clerk of the
Crown will presently read. There is neither circumstance nor detail."
"And is it for circumstance or detail that I am being tried?" rejoined
Wessex, "or for the murder of Don Miguel de Suarez, to which I hereby
plead guilty?"
The Queen's Serjeant looked to Sir Robert Catline for guidance. The Lord
Chief Justice, however, was of opinion that the prisoner's confession
must be read first, before any further argument about it could be
allowed.
The Clerk of the Crown then rose and began to read:--
"The voluntary confession of Robert Duke of Wessex,
now a prisoner in the Tower, and accused of murder,
treason, and felony: made at the Tower of London on
the fifteenth day of October, 1553. I hereby
acknowledge and confess that on the fourteenth day of
October I did unlawfully kill Don Miguel, Marquis de
Suarez, by stabbing him in the back with my dagger.
For this murder I plead neither excuse nor
justification, and submit myself to a trial by my
peers and to the justice of this realm. So help me
God."
The bench, the entire hall, was crowded with the Duke's friends; with
the exception of a very small faction, who for reasons they deemed good
and adequate desired the Spanish alliance, and the death of the man at
the bar, not a single man or woman present believed that that confession
was an expose of the truth. The Serjeant himself, the Clerk of the
Crown, the Attorney and Solicitor-General who represented the
prosecution, knew that some mystery lurked behind that monstrous
self-accusation. But it was so straightforward, so categorical, that
unless some extraordinary event occurred, unless Wessex himself recanted
that confession, nothing could save him from its dire consequences.
Oh! if Wessex would but recant! No one would have disbelieved him
then--not that fickle, motley crowd surely, who with its own
characteristic inconsequence had suddenly taken the accused to its
heart.
"'Tis not true, Wessex!" shouted a manly voice from the body of the
hall.
"Deny it! deny it!" came in a regular hubbub from the compact mass of
throats in the rear.
The Duke smiled, but did not move. Lord Rich, in his memoirs, here
points out that "His Grace seemed all unconscious of his surroundings
and like unto a wanderer in the land of dreams."
But the confession had aroused the opposition of the crowd, it was truly
past honest men's belief. Every one murmured, and some chroniclers aver
that there was a regular tumult, more than encouraged by the Duke's
friends, and not checked even by the Lord High Steward himself.
In the turn of a hand public opinion had veered round. Forgetting that a
while ago they were ready to hoot and mock the prisoner, the men now
were equally prepared to make a rush for the bar and drag him away from
that ignominious place, which they suddenly understood that he never
should have occupied.
The Serjeant-at-Arms had much ado to make himself heard. The guard had
literally to make an onslaught on the crowd. It was fully five or ten
minutes before the noise subsided; then only did murmurs die down like
the roar of the sea when the surf recedes from the shore.
It was a brief lull, and Mr. Barham, the Queen's Serjeant, having once
more enjoined silence on behalf of Her Majesty's Commissioner, and on
pain of imprisonment, was at last able to continue his duties.
"It appeareth before you, my lords," he resumed in a loud, clear voice,
"that this man hath been indicted and arraigned of a most heinous crime,
and hath confessed it before you, which is of record. Wherefore there
resteth no more to be done but for the Court to give judgment
accordingly, which here I require in the behalf of the Queen's
Majesty."
The Lord High Steward rose and a gentleman usher took the white wand
from him. He stood bareheaded, and every one in the Hall could see him.
"Robert, Duke of Wessex," he said, and his voice trembled as he spoke,
"Duke of Dorchester, Earl of Launceston, Wexford, and Bridthorpe, Baron
of Greystone, Ullesthorpe, and Edbrooke, premier peer of England, what
have you to say why I may not proceed to judgment?"
The last words almost sounded like an appeal, of friend to friend,
comrade to comrade. Lord Chandois' kindly eyes were fixed in deep sorrow
on the man whom he had loved and honoured sufficiently to wish to see
him on the throne of England.
There was an awed hush in the vast hall, and then a voice, clear and
distinct--a woman's voice--broke the momentous silence.
"The Duke of Wessex is innocent of the charge brought against him, as I
hereby bear witness on his behalf."
Even as the last bell-like tones echoed through the great chamber a
young girl stepped forward, sable-clad and fragile-looking, but
unabashed by the hundreds of eyes fixed eagerly upon her.
In the centre of the room she paused, and, throwing back the dark veil
which enveloped her face, she looked straight up at my Lord High
Steward.
"Who speaks?" he asked in astonishment.
"I, Ursula Glynde," she replied firmly, "daughter of the Earl of Truro."
At sound of her voice Wessex had started. His face became deathly pale
and his hand gripped the massive bar of wood before him, until every
muscle and sinew in his arm creaked with the intensity of the effort. It
was only after she had spoken her own name that he seemed to pull
himself together, for he said--
"I pray your lordships not to listen. I desire no witnesses on my
behalf."
His temples had begun to throb, a wild horror seized him at thought of
what she might do. And her appearance, too, had set his heart beating in
a veritable turmoil of emotions. For she stood now before him, before
them all, as the vision of purity and innocence which he had first
learnt to worship: that other self of hers, that mysterious, half-crazed
being who had fooled and mocked him and then committed the awful crime
for which he stood self-convicted, that had vanished, leaving only this
delicate, ethereal being, the one whom he had clasped in his arms, whose
blue eyes had gazed lovingly into his, whose lips had met his in that
one mad, passionate embrace.
When he interposed thus coldly, impassively, she shuddered slightly but
she did not turn towards him, and he could only see the dainty outline
of her fine profile, cut clear against a dark background of moving
figures beyond. From the table at which she herself had been sitting and
waiting all this while, and which was now in full view of the
spectators, two advocates rose and joined the bench of judges. One of
them, after a brief consultation with the Clerk of the Crown, turned
respectfully towards the Lord High Steward.
"I humbly beseech your lordship," he said firmly, "and you, my lords, to
hear the evidence of the Lady Ursula Glynde. There has been no time to
obtain a written deposition from her, for God at the eleventh hour hath
thought fit to move her to speak that which she knows, so that a
dreadful error may not be committed."
"This is a great breach of customary procedure," said Mr. Thomas
Bromley, the Solicitor-General, with a dubious shake of the head.
"Not so great as you would have us think, sir," commented Sir Robert
Catline, "for e'en in the trial of the late-lamented Queen Catherine of
blessed memory, my lord of Uppingham, whose depositions could not be
taken previously, was nevertheless allowed to bear witness on behalf of
the accused."
But the opinion of the most learned lawyer in England would not now have
been listened to, if it had been adverse to the present situation. Lords
and judges, noblemen and spectators clamoured with every means at their
command, short of absolute contempt of Court, that this new witness
should be heard.
"How say you, my lords?" said the Lord High Steward eagerly, "bearing in
mind the opinion of our learned colleague, ought we to hear this lady or
no?"
"Aye! aye!" came from every voice on the bench.
"By Our Lady! I protest!" said Wessex loudly.
"We will hear this lady," pronounced the Lord High Steward. "Let her
step forward and be made to swear the truth of her assertions."
Ursula came forward a step or two. Mr. Thomas Wilbraham,
Attorney-General of the Court of Wards, who was sitting close by, held
out a small wooden crucifix towards her. She took it and kissed it
reverently.
"You are the Lady Ursula Glynde," queried Lord Chandois, "maid-of-honour
to the Queen's Majesty?"
"I am."
"Then do I charge you to speak the truth, the whole truth, and naught
but the truth, so help you God."
"My lords," protested Wessex hotly, for his brain was in a whirl. He
could not allow her to speak and accuse herself of her crime--she, the
angel side of her, taking upon herself the evil committed by that
mysterious second self over which she had no control. It was too
horrible! And all these people gaping at her made his blood tingle with
shame. What he had readily borne himself, the disgrace, the staring
crowd, the pity and inquisitiveness of the multitude, that he felt he
could not endure for her.
Already, as he saw her now, his heart had forgiven her everything;
gladly, joyously would he die now, since he had seen her once more as
she really was, pure and undefiled by contact with the ignoble wretch
whom, in a moment of madness, she had sent to his death.
He protested with all his might. But it was his own past life, his
friends, his popularity, which now literally conspired against him, and
caused his judges to turn a deaf ear to his entreaties.
"My lord of Wessex," said the High Steward sternly, "in the name of
justice and for the dignity of this court, I charge you to be silent."
Then he once more addressed the Lady Ursula.
"Say on, lady. This court will hear you."
She waited a few moments, whilst every spectator there seemed to hear
his own heart beat with the intensity of his excitement. Then she began
speaking in a firm and even voice, somewhat low at first, but gaining in
strength and volume as she proceeded.
"I would have you know, my lords," she said, "that at midnight on the
fourteenth day of October, being in the Audience Chamber at Hampton
Court Palace, in the company of Don Miguel de Suarez . . ."
She paused suddenly and seemed to sway. Mr. Thomas Wilbraham ran to her,
offering her a chair, which she declined with a quick wave of the hand.
"My lords," said Wessex, quietly and earnestly, during the brief lull
caused by this interruption, "I entreat you in the name of justice, do
not hear this lady; she is excited and overwrought and knows not the
purport of what she is saying. . . . You see for yourselves she is
scarce conscious of her actions. . . . I have made full confession
. . . there rests nothing to be done. . . ."
"Prisoner at the bar," said the Lord High Steward, "I charge you to be
silent. Lady Ursula, continue."
And Wessex perforce had to hold his peace, whilst Ursula resumed her
tale more calmly.
"Being in company of Don Miguel, who spoke words of love to me . . . and
anon did hold me in his arms . . . when I tried to escape . . . but
. . . but . . . he would not let me go . . . he . . . he . . . your
lordships, have patience with me, I pray you . . ." she added in tones
of intense pathos as the monstrous lie she was so sublimely forcing
herself to utter seemed suddenly to be choking her. Then she continued
speaking quickly, lest perhaps she might waver before the end.
"His Grace of Wessex did come upon us, and seeing me held with violence,
I, who was his betrothed, to save mine honour, the Duke did strike Don
Miguel down."
There was dead silence as the young girl had finished speaking. Wessex
was staring at her, and Mr. Thomas Norton assures us that he burst out
laughing, a laugh which the Queen's printer stigmatizes as "heartless
and unworthy a high-born gentleman! for truly," he continues, "the Lady
Ursula Glynde was moved by the spirit of God in thus making a tardy
confession, and His Grace, methinks, should have shown a proper spirit
of reverence before this manifestation of God."
But if Wessex laughed at this supreme and palpitating moment, surely his
laugh must have come from the very bitterness of his soul. As far as he
knew Ursula had told nothing but a strangely concocted lie. To him, who
had--as he thought--seen her with the blood of Don Miguel still warm
upon her hands, this extraordinary tale of threatened honour and timely
interference was but a tangled tissue of wanton falsehoods--another in
the long series which she had told to him.
And purposeless too!
He had no idea of any sacrifice on her part, and merely looked upon her
present action as a weak attempt to save him from the gallows and no
more.
She just liked him well enough apparently not to wish to see him hang,
but that was all. And this suddenly struck him as ridiculous, paltry,
and childish, a silly bravado which caused him to laugh. Perhaps she
desired to save him publicly at slight cost to herself, in order that
she might yet occupy one day the position which she had so avowedly
coveted since her childhood--that of Duchess of Wessex!
It was indeed more than ridiculous.
The stain of murder, which was really on her hands, she was full willing
that it should rest on him, only slightly palliated by the lie which she
had told.
Strange, strange perversion of a girlish soul!
With dulled ears and brain in a turmoil Wessex only partly heard the
questions and cross-questions which his judges now put to her. She never
wavered from her original story, but repeated it again and again,
circumstantially and without hesitation. Never once did she look towards
the bar.
"Lady Ursula Glynde," said Lord Chandois finally and with solemn
earnestness, "do you swear upon your honour and conscience that you have
spoken the truth?"
And she replied equally solemnly--
"I swear it upon mine honour and conscience."
"'Tis false from beginning to end," protested Wessex loudly.
Ursula made a low obeisance before my Lord High Steward. The crucifix
was once more held up to her and she kissed it reverently. With that
pious kiss she reached at that moment the highest pinnacle of her
sacrifice--she gave up to the man she loved the very spotlessness of her
soul. For his sake she had lied and spoken a false oath--she had sinned
in order that he might be saved.
And even now she also reached the greatest depth of her own misery, for,
as she told her tale before his judges and before _him_, she half
expected that he would exonerate her from the odious accusations which
she was bringing against herself.
The story which she had told had been in accordance with the Cardinal's
suggestions, but she herself was quite convinced that Don Miguel had
fallen by a woman's hand. Wessex would never have hit another man in the
back--that was woman's work, and she who had done it was so dear to him,
that he was sacrificing life and honour in order to shield her.
Aye! more than that! for was he not acting a coward's part by allowing
Ursula Glynde to sacrifice her fair name for the sake of a wanton?
And thus these two people who loved one another more than life, honour,
and happiness, were face to face now with that terrible misunderstanding
between them:--still further apart from each other than they had ever
been, both suffering acutely in heart and mind for the supposed
cowardice and wantonness of the other, and the while my Lord High
Steward and the other noble lords were concluding the ceremonies of that
strange, eventful trial.
"My lords," said Lord Chandois, once more rising from his seat, "you
have heard the evidence of this lady, and Robert Duke of Wessex having
put himself upon the trial of God and you his peers, I charge you to
consider if it appeareth that he is guilty of this murder or whether he
had justification, and thereupon say your minds upon your honour and
consciences."
We have Mr. Thomas Norton's authority for stating that my lords, the
triers, never left their seats, nor did they deliberate. Hardly were the
words out of my Lord High Steward's lips than with one accord
four-and-twenty voices were raised saying--
"Not guilty!"
"Then," adds Mr. Norton, "there was a cheer raised from the people
inside the Hall which was quite deafening to the ears. Sundry tossed
their caps into the air, and many of the women began to cry. My Lord
High Steward could not make himself heard for a long while, at which he
became very wrathful, and, calling to the Serjeant-at-Arms, he bade him
clear the Court of all these noise-makers."
There seems to have been considerable difficulty in doing this, for Mr.
Thomas Norton continuously refers to "riotous conduct," and even to
"contempt of the Queen's Commissioner." Cheers of "God save Wessex!"
alternated with the loyal cry of "God save the Queen." The men-at-arms
had to use their halberds, and did so very effectually, one or two of
the more excited "noise-makers" getting wounded about the face and
hands. Finally the suggestion came from Mr. Barham, the Queen's
Serjeant, that His Grace of Wessex should be concealed from the view of
the populace, and, acting upon this advice, the Lieutenant of the Tower
ordered his guard to close around the bar, whilst a low seat was
provided for His Grace. The object of this mad enthusiasm being thus
placed out of sight, the people became gradually more calm, and the
noise subsided sufficiently for the Queen's Serjeant to give forth his
final dictum.
"My Lord's Grace, the Queen's Commissioner, High Steward of England,
chargeth all persons to depart in God's peace and the Queen's, and hath
dissolved this Commission!"
"God save the Queen!" was shouted lustily, and then the great door was
opened and the people began quietly to file out.
The pale November sun had struggled out of its misty coverings, and
touched the pinnacles and towers of the old Abbey with delicate gleams
of golden grey. Slowly the crowd moved on, some of the more venturesome
or more enthusiastic townsfolk, the 'prentices, and younger men,
lingered round the precincts to see the great personages come out and to
give a final cheer for His Grace of Wessex.
The Hall itself seemed lonely now that the people had gone. The Lord
High Steward once more called on the prisoner, who had already risen as
soon as his noisy partisans had departed.
As he had been impassive throughout the terrible ordeal of this trial
for his life, so he remained now that on every face before him he read
the inevitable acquittal. He had watched Ursula Glynde's graceful figure
as, accompanied by the Cardinal de Moreno, she had finally made an
obeisance before the judges, then had retired through the doors of the
Lord Chancellor's Court.
A great and awful disgust filled his whole heart. It was he now who was
conscious of the loathsome web, which had enveloped him more completely
than he had ever anticipated.
He saw his acquittal hovering on the lips of his peers. Lord Chandois'
kindly face was beaming with delight, Sir Robert Catline and Mr. Gilbert
Gerard were conversing quite excitedly: his own friends, Sir Henry
Beddingfield and Lord Mordaunt, Lord Huntingdon and Sir John Williams,
were openly expressing their intense satisfaction.
But for him, what did it all mean? An acquittal based on a lie, and that
lie told by a woman to save him!
But a lie for all that, and one which he could not refute, without
telling the whole truth to his judges and branding _her_ publicly as a
murderess and worse.
He, who had ever held his own honour, his pride, the cleanness of his
whole existence as a fetish to be worshipped, now saw himself forced to
barter all that which he held so sacred and gain his own life in
exchange. How much more gladly would he have heard his death-sentence
pronounced now by his friend's kind lips. Death--however
ignominious--would have purified and exalted honour.
Mechanically he listened to Lord Chandois' speech, and mechanically he
protested. The web was tightly woven around him, and he was powerless to
tear it asunder.
"Robert Duke of Wessex and of Dorchester," said the Lord High Steward,
"Earl of Launceston, Wexford, and Bridthorpe, Baron of Greystone,
Ullesthorpe and Edbrooke, premier peer of England, the lords, your
peers, have found you not guilty of this crime of murder."
"My lords," said Wessex in a final appeal, which he himself felt was a
hopeless one, "I thank you from my heart, but I cannot accept this
decision; it is based on a falsehood, the hysterical outpourings of a
misguided heart, and . . ."
But already the Lord High Steward had interrupted him.
"My lord Duke," he said, "the tale this lady hath at last spoken in open
Court was one guessed at by all your friends; she hath not only followed
the dictates of her conscience, but hath taken a heavy burden from the
hearts of your triers, and one which would have saddened many of us,
even to our graves. Had it been my terrible duty to pass death-sentence
upon you, which had the lady not spoken I should have been bound to do,
I myself would have felt akin to a murderer. We cannot but thank heaven
that Lady Ursula's heart was touched at the eleventh hour, and that you
were not allowed to sacrifice your honour and your life in so worthless
a cause."
"But I cannot allow you to believe, nor you, my lords . . ." further
protested the Duke.
"Nay, my lord, we only believe one thing, and that is that Your Grace
leaves this Court this day with the respect and admiration of all men in
the land, with unsullied honour, and with stainless name. All else we
are content shall remain a mystery betwixt Lady Ursula Glynde and her
conscience."
"God save the Queen," added the Lord High Steward as he broke the white
wand.
"And," adds Mr. Thomas Norton, "thus ended the trial of His Grace of
Wessex and of Dorchester, on a charge of murder, treason, and felony.
Surrounded by his friends, cheered by the mob, the Duke left Westminster
Hall a free man, but as I watched his face, meseemed that I saw thereon
such strange melancholy and a hue like that of death. He smiled to my
lord Huntingdon and spoke long and earnestly with my lord Rich. He had
mighty cause to be thankful to God and to his friends for his acquittal,
yet meseemed almost as if he rebelled against his happy fate, and I
hereby bear witness that the blood of the Spanish envoy must still have
clung to His Grace's hands. In just cause or in unjust no man shall take
another's life wantonly, and I doubt not but His Grace's conscience will
trouble him unto his death."