"In this situation, and before prolonging the torture, a second summons to answer and to speak has been made you by me, sheriff of the county of Surrey, and you have satanically kept silent, though under torture, chains, shackles, fetters, and irons."
"_Attachiamenta legalia_," said the serjeant.
"On your refusal and contumacy," said the sheriff, "it being right that the obstinacy of the law should equal the obstinacy of the criminal, the proof has been continued according to the edicts and texts. The first day you were given nothing to eat or drink."
"_Hoc est superjejunare_," said the serjeant.
There was silence, the awful hiss of the man"s breathing was heard from under the heap of stones.
The serjeant-at-law completed his quotation.
"_Adde augmentum abstinentiae ciborum diminutione. Consuetudo brittanica_, art. 504."
The two men, the sheriff and the serjeant, alternated. Nothing could be more dreary than their imperturbable monotony. The mournful voice responded to the ominous voice; it might be said that the priest and the deacon of punishment were celebrating the savage ma.s.s of the law.
The sheriff resumed,--
"On the first day you were given nothing to eat or drink. On the second day you were given food, but nothing to drink. Between your teeth were thrust three mouthfuls of barley bread. On the third day they gave you to drink, but nothing to eat. They poured into your mouth at three different times, and in three different gla.s.ses, a pint of water taken from the common sewer of the prison. The fourth day is come. It is to-day. Now, if you do not answer, you will be left here till you die.
Justice wills it."
The Serjeant, ready with his reply, appeared.
"_Mors rei homagium est bonae legi_."
"And while you feel yourself dying miserably," resumed the sheriff, "no one will attend to you, even when the blood rushes from your throat, your chin, and your armpits, and every pore, from the mouth to the loins."
"_A throtabolla_," said the Serjeant, "_et pabu et subhircis et a grugno usque ad crupponum_."
The sheriff continued,--
"Man, attend to me, because the consequences concern you. If you renounce your execrable silence, and if you confess, you will only be hanged, and you will have a right to the meldefeoh, which is a sum of money."
"_d.a.m.num confitens_," said the Serjeant, "_habeat le meldefeoh. Leges Inae_, chapter the twentieth."
"Which sum," insisted the sheriff, "shall be paid in doitkins, suskins, and galihalpens, the only case in which this money is to pa.s.s, according to the terms of the statute of abolition, in the third of Henry V., and you will have the right and enjoyment of _scortum ante mortem_, and then be hanged on the gibbet. Such are the advantages of confession. Does it please you to answer to justice?"
The sheriff ceased and waited.
The prisoner lay motionless.
The sheriff resumed,--
"Man, silence is a refuge in which there is more risk than safety. The obstinate man is d.a.m.nable and vicious. He who is silent before justice is a felon to the crown. Do not persist in this unfilial disobedience.
Think of her Majesty. Do not oppose our gracious queen. When I speak to you, answer her; be a loyal subject."
The patient rattled in the throat.
The sheriff continued,--
"So, after the seventy-two hours of the proof, here we are at the fourth day. Man, this is the decisive day. The fourth day has been fixed by the law for the confrontation."
"_Quarta die, frontem ad frontem adduce_," growled the Serjeant.
"The wisdom of the law," continued the sheriff, "has chosen this last hour to hold what our ancestors called "judgment by mortal cold," seeing that it is the moment when men are believed on their yes or their no."
The serjeant on the right confirmed his words.
"_Judicium pro frodmortell, quod homines credendi sint per suum ya et per suum no_. Charter of King Adelstan, volume the first, page one hundred and sixty-three."
There was a moment"s pause; then the sheriff bent his stern face towards the prisoner.
"Man, who art lying there on the ground--"
He paused.
"Man," he cried, "do you hear me?"
The man did not move.
"In the name of the law," said the sheriff, "open your eyes."
The man"s lids remained closed.
The sheriff turned to the doctor, who was standing on his left.
"Doctor, give your diagnostic."
"_Probe, da diagnostic.u.m_," said the serjeant.
The doctor came down with magisterial stiffness, approached the man, leant over him, put his ear close to the mouth of the sufferer, felt the pulse at the wrist, the armpit, and the thigh, then rose again.
"Well?" said the sheriff.
"He can still hear," said the doctor.
"Can he see?" inquired the sheriff.
The doctor answered, "He can see."
On a sign from the sheriff, the justice of the quorum and the wapentake advanced. The wapentake placed himself near the head of the patient. The justice of the quorum stood behind Gwynplaine.
The doctor retired a step behind the pillars.
Then the sheriff, raising the bunch of roses as a priest about to sprinkle holy water, called to the prisoner in a loud voice, and became awful.
"O wretched man, speak! The law supplicates before she exterminates you.
You, who feign to be mute, remember how mute is the tomb. You, who appear deaf, remember that d.a.m.nation is more deaf. Think of the death which is worse than your present state. Repent! You are about to be left alone in this cell. Listen! you who are my likeness; for I am a man!
Listen, my brother, because I am a Christian! Listen, my son, because I am an old man! Look at me; for I am the master of your sufferings, and I am about to become terrible. The terrors of the law make up the majesty of the judge. Believe that I myself tremble before myself. My own power alarms me. Do not drive me to extremities. I am filled by the holy malice of chastis.e.m.e.nt. Feel, then, wretched man, the salutary and honest fear of justice, and obey me. The hour of confrontation is come, and you must answer. Do not harden yourself in resistance. Do not that which will be irrevocable. Think that your end belongs to me. Half man, half corpse, listen! At least, let it not be your determination to expire here, exhausted for hours, days, and weeks, by frightful agonies of hunger and foulness, under the weight of those stones, alone in this cell, deserted, forgotten, annihilated, left as food for the rats and the weasels, gnawed by creatures of darkness while the world comes and goes, buys and sells, whilst carriages roll in the streets above your head. Unless you would continue to draw painful breath without remission in the depths of this despair--grinding your teeth, weeping, blaspheming--without a doctor to appease the anguish of your wounds, without a priest to offer a divine draught of water to your soul. Oh! if only that you may not feel the frightful froth of the sepulchre ooze slowly from your lips, I adjure and conjure you to hear me. I call you to your own aid. Have pity on yourself. Do what is asked of you. Give way to justice. Open your eyes, and see if you recognize this man!"