CHAPTER XVIII.

LEONTES.—These sessions, to our great grief, we pronounce
Even pushes 'gainst our heart.
Let us be cleared
Of being tyrannous, since we openly
Proceed in justice—which shall have due course,
Even to the guilt, or the purgation.
Produce the prisoner!—SHAKSPEARE.

The day of trial dawned, bright, sunny, cloudless, as was usual in beautiful Spain—a joyous elasticity was in the atmosphere, a brilliance in the heavens, which thence reflected on the earth, so painfully contrasted with misery and death, that the bright sky seemed to strike a double chill on the hearts of those most deeply interested.

Never had the solemn proceedings of justice created so great an excitement; not only in Segovia itself, but the towns and villages, many miles round, sent eager citizens and rustic countrymen to learn the issue, and report it speedily to those compelled to stay at home. The universal mourning for Morales was one cause of the popular excitement; and the supposition of the young foreigner being his murderer another.

The hall of the castle was crowded at a very early hour, Isabella having signified not only permission, but her wish that as many of her citizen subjects as space would admit should be present, to witness the faithful course of justice. Nearest to the seat destined for the King, at the upper end of the hall, were ranged several fathers from an adjoining convent of Franciscans, by whom a special service had been impressively performed that morning in the cathedral, in which all who had been summoned to preside at the trial had solemnly joined.

The Monks of St. Francis were celebrated alike for their sterling piety, great learning, and general benevolence. Their fault, if such it could be termed in a holy Catholic community, was their rigid exclusiveness regarding religion; their uncompromising and strict love for, and adherence to, their own creed; and stern abhorrence towards, and violent persecution of, all who in the slightest degree departed from it, or failed to pay it the respect and obedience which they believed it demanded. At their head was their Sub-Prior, a character whose influence on the after position of Spain was so great, that we may not pass it by, without more notice than our tale itself perhaps would demand. To the world, as to his brethren and superiors, in the monastery, a stern unbending spirit, a rigid austerity, and unchanging severity of mental and physical discipline, characterized his whole bearing and daily conduct. Yet, his severity proceeded not from the superstition and bigotry of a weak mind or misanthropic feeling. Though his whole time and thoughts appeared devoted to the interest of his monastery, and thence to relieving and guiding the poor, and curbing and decreasing the intemperate follies and licentious conduct of the laymen, in its immediate neighborhood; yet his extraordinary knowledge, not merely of human nature, but of the world at large—his profound and extensive genius, which, in after years was displayed, in the prosecution of such vast schemes for Spain's advancement, that they riveted the attention of all Europe upon him—naturally won him the respect and consideration of Ferdinand and Isabella, whose acute penetration easily traced the natural man, even through the thick veil of monkish austerity. They cherished and honored him, little thinking that, had it not been for him, Spain would have sunk at their death, into the same abyss of anarchy and misery, from which their vigorous measures had so lately roused, and, as they hoped, So effectually guarded her.

When Torquemada, Isabella's confessor, was absent from court, which not unfrequently happened, for his capacious mind was never at peace unless actively employed—Father Francis, though but the Sub-Prior of a Franciscan monastery, always took his place, and frequently were both sovereigns guided by his privately asked and frankly given opinions, not only on secular affairs, but on matters of state, and even of war. With such a character for his Sub-Prior, the lordly Abbot of the Franciscans was indeed but a nominal dignitary, quite contented to enjoy all the indulgences and corporeal luxuries, permitted, or perhaps winked at, from his superior rank, and leaving to Father Francis every active duty; gladly, therefore, he deputed on him the office of heading the Monks that day summoned to attend King Ferdinand.

Not any sign of the benevolence and goodness—in reality the characteristics of this extraordinary man—was visible on his countenance as he sat. The very boldest and haughtiest of the aristocracy, involuntarily perhaps, yet irresistibly, acknowledged his superiority. Reverence and awe were the emotions first excited towards his person: but already was that reverence largely mingled with the love which some three years afterwards gave him such powerful influence over the whole sovereignty of Spain. Next to the holy fathers, and ranged according to rank and seniority, were the nobles who had been selected to attend, the greater number of whom, were Castilians, as countrymen of the deceased. Next to them were the Santa Hermandad, or Brethren of the Associated Cities, without whose presence and aid, no forms of justice, even though ruled and guided by royalty itself, were considered valid or complete. A semicircle was thus formed, the centre of which was the King's seat; and opposite to him, in the hollow, as it were of the crescent, a space left for the prisoner, accusers, and witnesses. Soldiers lined the hall; a treble guard being drawn up at the base of the semicircle, and extending in a wide line right and left, behind the spot destined for the prisoner. There was still a large space left, and this was so thronged with citizens, that it presented the appearance of a dense mass of human heads, every face turned in one direction, and expressive in various ways of but one excitement, one emotion.

There was not a smile on either of the stern countenances within the hall. As the shock and horror of Don Ferdinand's fate in some measure subsided, not only the nobles, but the soldiers themselves, began to recall the supposed murderer in the many fields of honorable warfare, the many positions of mighty and chivalric bearing in which they had hitherto seen the young Englishman play so distinguished a part; and doubts began to arise as to the possibility of so great a change, and in so short a time. To meet even a supposed enemy in fair field, and with an equality of weapons, was the custom of the day; such, therefore, between Stanley and Morales, might have excited marvel as to the cause, but not as to the act. But murder! it was so wholly incompatible with even the very lowest principles of chivalry (except when the unfortunate victim was of too low a rank to be removed by any other means), that when they recalled the gallantry, the frankness of speech and deed, the careless buoyancy, the quickly subdued passion, and easily accorded forgiveness of injury, which had ever before characterized young Stanley, they could not believe his guilt: but then came the recollection of the startling proofs against him, and such belief was almost involuntarily suspended. There was not a movement in that immense concourse of human beings, not a word spoken one to the other, not a murmur even of impatience for the appearance of the King. All was so still, so mute, that, had it not been for the varied play of countenances, any stranger suddenly placed within the circle might have imagined himself in an assemblage of statues.

Precisely at noon, the folding-doors at the upper end of the hall were thrown widely but noiselessly back, and King Ferdinand, attended by a few pages and gentlemen, slowly entered, and taking his seat, gazed a full minute, inquiringly and penetratingly around him, and then resting his head on his hand, remained plunged in earnest meditation some moments before he spoke.

It was a strange sight—the noiseless, yet universal rising of the assemblage in honor to their Sovereign, changing their position as by one simultaneous movement. Many an eye turned towards him to read on his countenance the prisoner's doom; but its calm, almost stern expression, baffled the most penetrating gaze. Some minutes passed ere Ferdinand, rousing himself from his abstraction, waved his hand, and every seat was instantaneously resumed, and so profound was the silence, that every syllable the Monarch spoke, though his voice was not raised one note above his usual pitch, was heard by every member of those immense crowds, as individually addressing each.

"My Lords and holy Fathers, and ye Associated Brethren," he said, "the cause of your present assemblage needs no repetition. Had the murdered and the supposed murderer been other than they are, we should have left the course of justice in the hands of those appointed to administer it, and interfered not ourselves save to confirm or annul the sentence they should pronounce. As the case stands, we are deputed by our illustrious Consort and sister Sovereign, Isabella of Castile, to represent her as Suzerain of the deceased (whom the saints assoilize), and so ourselves guide the proceedings of justice on his murderer. Our prerogative as Suzerain and Liege would permit us to condemn to death at once; but in this instance, my Lords and holy Fathers, we confess ourselves unwilling and incapable of pronouncing judgment solely on our own responsibility. The accused is a friendless foreigner, to whom we have been enabled to show some kindness, and therefore one towards whom we cannot feel indifference: he has, moreover, done us such good service both in Spain and Sicily, that even the grave charge brought against him now, cannot blot out the memories of the past. We find it difficult to believe that a young, high-spirited, honorable warrior, in whose heart every chivalric feeling appeared to beat, could become, under any temptation, under any impulse, that base and loathsome coward—a midnight murderer! On your counsels, then, we implicitly depend: examine, impartially and deliberately, the proofs for and against, which will be laid before you. But let one truth be ever present, lest justice herself be but a cover for prejudice and hate. Let not Europe have cause to say, that he who, flying from the enemies and tyrants of his own land, took refuge on the hearths of our people, secure there of kindness and protection, has found them not. Were it a countryman we were about to judge, this charge were needless; justice and mercy would, if it were possible, go hand in hand. The foreigner, who has voluntarily assumed the name and service of a son of Spain, demands yet more at our hands. My Lords and holy Fathers, and ye Associated Brethren, remember this important truth, and act accordingly: but if, on a strict, unprejudiced examination of the evidence against the prisoner, ye pronounce him guilty, be it so: the scripture saith, 'blood must flow for blood!'"

A universal murmur of assent filled the hall as the King ceased: his words had thrilled reprovingly on many there present, particularly amongst the populace, who felt, even as the Monarch spoke, the real cause of their violent wrath against the murderer. Ere, however, they had time to analyze why the violent abhorrence of Stanley should be so calmed merely at the King's words, the command, "Bring forth the prisoner!" occasioned an intensity of interest and eager movement of the numerous heads towards the base of the hall, banishing every calmer thought. The treble line of soldiers, forming the base of the crescent, divided in the centre, and wheeling backwards, formed two files of dense thickness, leaving a lane between them through which the prisoner and his guards were discerned advancing to the place assigned. He was still heavily fettered, and his dress, which he had not been permitted to change, covered with dark, lurid stains, hung so loosely upon him, that his attenuated form bore witness, even as the white cheek and haggard eye, to the intense mental torture of the last fortnight. His fair hair lay damp and matted on his pale forehead; but still there was that in his whole bearing which, while it breathed of suffering, contradicted every thought of guilt. He looked round him steadily and calmly, lowered his head a moment in respectful deference to the King, and instantly resumed the lofty carriage which suffering itself seemed inadequate to bend. King Ferdinand fixed his eyes upon him with an expression before which the hardiest guilt must for the moment have quailed; but not a muscle of the prisoner's countenance moved, and Ferdinand proceeded to address him gravely, yet feelingly.

"Arthur Stanley," he said, "we have heard from Don Felix d'Estaban that you have refused our proffered privilege of seeking and employing some friends, subtle in judgment, and learned in all the technicalities of such proceedings, as to-day will witness, to undertake your cause. Why is this? Is your honor of such small amount, that you refuse even to accept the privilege of defence? Are you so well prepared yourself to refute the evidence which has been collected against you, that you need no more? Or have we indeed heard aright, that you have resolved to let the course of justice proceed, without one effort on your part to avert an inevitable doom? This would seem a tacit avowal of guilt; else, wherefore call your doom inevitable? If conscious of innocence, have you no hope, no belief in the Divine Justice, which can as easily make manifest innocence as punish crime? Ere we depute to others the solemn task of examination, and pronouncing sentence, we bid you speak, and answer as to the wherefore of this rash and contradictory determination—persisting in words that you are guiltless, yet refusing the privilege of defence. Is life so valueless, that you cast it degraded from you? As Sovereign and Judge, we command you answer, lest by your own rash act the course of justice be impeded, and the sentence of the guilty awarded to the innocent. As man to man, I charge thee speak; bring forward some proof of innocence. Let me not condemn to death as a coward and a murderer, one whom I have loved and trusted as a friend! Answer—wherefore this strange callousness to life—this utter disregard of thine honor and thy name?"

For a moment, while the King addressed him as man to man, the pallid cheek and brow of the prisoner flushed with painful emotion, and there was a scarcely audible tremulousness in his voice as he replied:

"And how will defence avail me? How may mere assertion deny proof, and so preserve life and redeem honor? My liege, I had resolved to attempt no defence, because I would not unnecessarily prolong the torture of degradation. Had I one proof, the slightest proof to produce, which might in the faintest degree avail me, I would not withhold it; justice to my father's name would be of itself sufficient to command defence. But I have none! I cannot so perjure myself as to deny one word of the charges brought against me, save that of murder! Of thoughts of hate and wrath, ay, and blood, but such blood as honorable men would shed, I am guilty, I now feel, unredeemably guilty, but not of murder! I am not silent because conscious of enacted guilt. I will not go down to the dishonored grave, now yawning for me, permitting, by silence, your Highness, and these your subjects, to believe me the monster of ingratitude, the treacherous coward which appearances pronounce me. No!" he continued, raising his right hand as high as his fetters would permit, and speaking in a tone which fell with the eloquence of truth, on every heart—"No: here, as on the scaffold—now, as with my dying breath, I will proclaim aloud my innocence; I call on the Almighty Judge himself, as on every Saint in heaven, to attest it—ay, and I believe it WILL be attested, when nought but my memory is left to be cleared from shame—I am not the murderer of Don Ferdinand Morales! Had he been in every deed my foe—had he given me cause for the indulgence of those ungovernable passions which I now feel were roused against him so causelessly and sinfully, I might have sought their gratification by honorable combat, but not by midnight murder! I speak not, I repeat, to save my life: it is justly forfeited for thoughts of crime! I speak that, when in after years my innocence will be made evident by the discovery of the real assassin, you will all remember what I now say—that I have not so basely requited the King and Country who so generously and trustingly befriended me—that I am no murderer!"

"Then, if so convinced of innocence, young man, wherefore not attempt defence?" demanded the Sub-Prior of St. Francis. "Knowest thou not that wilfully to throw away the life intrusted to you, for some wise purpose, is amenable before the throne of the Most High as self-committed murder? Proofs of this strongly asserted innocence, thou must have."

"I have none," calmly answered the prisoner, "I have but words, and who will believe them? Who, here present, will credit the strange tale, that, tortured and restless from mental suffering, I courted the fury of the elements, and rushed from my quarters on the night of the murder without my sword?—that, in securing the belt, I missed the weapon, but still sought not for it as I ought?—who will believe that it was accident, not design, which took me to the Calle Soledad? and that it was a fall over the murdered body of Don Ferdinand which deluged my hands and dress with the blood that dyed the ground? Who will credit that it was seeing him thus which chained me, paralyzed, horror-stricken, to the spot? In the wild fury of my passions I had believed him my enemy, and sworn his death; then was it marvel that thus beholding him turned me well-nigh to stone, and that, in my horror, I had no power to call for aid, or raise the shout after the murderer, for my own thoughts arose as fiends, to whisper, such might have been nay work—that I had wished his death? Great God! the awful wakening from the delusion of weeks—the dread recognition in that murdered corse of my own thoughts of sin!" He paused involuntarily, for his strong agitation completely choked his voice, and shook his whole frame. After a brief silence, which none in the hall had heart to break, he continued calmly, "Let the trial proceed, gracious Sovereign. Your Highness's generous interest in one accused of a crime so awful, comprising the death, not of a subject only, but of a friend, does but add to the heavy weight of obligation already mine, and would of itself excite the wish to live, to prove that I am not so utterly unworthy; but I feel that not to such as I, may the Divine mercy be so shown, as to bring forward the real murderer. The misery of the last fortnight has shown me how deeply I have sinned in thought, though not in deed; and how dare I, then, indulge the wild dream that my innocence will be proved, until too late, save for mine honor? My liege, I have trespassed too long on the time of this assemblage; let the trial proceed."

So powerful was the effect of his tone and words, that the impulse was strong in every heart to strike off his fetters, and give him life and freedom. The countenance of the Sub-Prior of St. Francis alone retained its unmoved calmness, and its tone, its imperturbable gravity, as he commanded Don Felix d'Estaban to produce the witnesses; and on their appearance, desired one of the fathers to administer the oath.