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.”