But the child born out of wedlock—what of that? The poor mother, betrayed perhaps, abandoned perhaps, bereft of the love she counted upon, living for months in fear of every accusing eye, in dread of the being under her heart who is coming to shame her, to drive her from her home, to make her an outcast and a byword among women—until at last she creeps away to hide herself in some secret place, where, alone, in the darkness of night, distraught, amid the groans as of a thunderstorm, she faces death to bring her fatherless babe into a world that wants it not.
"What wonder if sometimes," said the Deemster, "in the pain of her body and the disorder of her soul, a woman (all the more if she has hitherto borne a good character) should be tempted to escape from her threatening disgrace by killing the child who is the innocent cause of it?"
But rightly or wrongly, the law could take no account of such temptations. In the great eye of Justice the issues of life and death were in God's hands only. Life was sacred, and not more sacred was the life that came in the palace, with statesmen waiting in the antechamber, the life of the heir to a throne, than the life that came in the hovel and under the thatch, the life of the bastard who was to run barefoot on the roads.
"It may be thought to be a hard law which takes no account of temptations to which women are exposed when nature demands that penalty from them which it never demands from men. But we who sit here have nothing to do with that. Judges are sworn to administer the law as they find it, whatever their own feelings may be. Therefore the Court has now no choice but to direct the Jury to find a verdict of guilty against the prisoner."
There was a deep drawing of breath in Court, and everybody thought the Deemster had finished, but after another short pause, in a tremulous voice which vibrated through all hearts, he continued,
"But the Jury has a right which the Judges cannot exercise—they can go beyond the law. And if, having heard the evidence in this case, and having God and a good conscience before them, the Jury, in finding their formal verdict, can come to a conclusion favourable to the prisoner's story, they may recommend her to the mercy of the Crown, and thereby lead, perhaps, to the lessening of her punishment, and even to the wiping of it out altogether. If not, the law must take its course, at the discretion of the Governor as the representative of the King."
When the Deemster's tremulous voice had ceased the jurymen put their heads together for a moment. Then one of them rose to ask if they might retire to their own room to consider the point left to them by His Honour.
"The Court agrees," said the Governor, and the jurymen trooped out.
The Judges and the advocates went out also, and the prisoner (who had been clinging to Fenella's hand) was removed. Only die spectators remained in their places. They were afraid to lose them for the concluding scene.
III