"Nay, worthy Deputy Governor Dudley, the poor man is, I doubt not, already sensible of his error, and sinned more out of ignorance than design," observed the President.

"The honored Governor," spoke an assistant from near the bottom of the table, "is, I fear, disposed to be too lenient in respect of these foul-mouthed carrion."

"Our law condemns no man unheard; nor will I be more stern," answered the mild Governor Winthrop, (for it was he). "It seems to me to be the part of a judge to allow no harsh suspicions to enter his mind, lest they throw baleful shadows over his decisions. Philip Joy," he added, turning to the prisoner, "thou hast declared thyself innocent; wilt thou be tried by a jury, or art content to trust thy cause to the judgment of the honorable Court of Assistants?"

"I care not who tries me," replied Joy. "I am a true man; and, though I don't belong to the congregation, am as honest as a great many who do, and he is a horrid villain, who—"

"Enough," interrupted the Governor, "a quick tongue often prejudices, while a slow one seldom doth. Do I understand that it is thy desire to be tried by the Assistants?"

"It is not my desire to be tried by any one," said Joy; "but, sith I am to be put on my deliverance, I think that I shall stand a better chance in the hands of honorable gentlemen, some of whom have been soldiers, than in the dirty paws of tinkers, and cobblers, and mere mechanicals."

No smile mantled over the faces of his grave judges, but it was obvious, from the twinkling of eyes and glances shot by one to another, that the speech of Joy had done him no harm with those who, even thus early, began to feel annoyed at the approach of the clouted shoe.

"Art thou prepared for thy trial? inquired the President.

"At any moment, and the sooner the better, your worship. I had rather mount guard, for a week, in steel helmet and corselet, with breast, back, culet, gorget, tasses, sword, musket and bandoliers, in the hottest sun that ever roasted a blackamoor, or stand up to my knees, six months, in snow, without my mandilion, than lie a day longer in that ace—I mean that kennel of a lock-up."

"It, meseems, thou art in a hurry to have justice done thee, good fellow," said, with a grim smile, the gentleman who was the third one described, stroking, with his embroidered glove, the tuft of hair that hung below his chin.