There was a strained att.i.tude of attention while the indictment was being read, and a dead stillness when the prisoner was called upon to plead.
"How sayest thou, Ralph Ray? Art thou guilty of that treason whereof thou standest indicted and for which thou hast been arraigned, or not guilty?"
Ralph did not reply at once. He looked calmly around. Then, in a firm voice, without a trace of emotion, he said,--
"I claim exemption under the Act of Oblivion."
There was a murmur of inquiry.
"That will avail you nothing," replied the judge who had delivered the charge. "The Act does not apply to your case. You must plead Guilty or Not Guilty."
"Have I no right to the benefit of the Act of Oblivion?"
The clerk rose again.
"Are you Guilty or Not Guilty?"
"Have I liberty to move exceptions to the indictment?"
"You shall have the liberty that any subject can have," replied Justice Millet. "You have heard the indictment read, and you must plead, Guilty or Not Guilty."
The paper had again gone up before the face of Justice Hide.
"I stand at this bar," said Ralph quietly, "charged with conspiring against the King"s authority. The time of the alleged treason is specified. I move this exception to the indictment, that the King of England was _dead_ at the period named."
There was some shuffling in the court. The paper had dropped below the eyes.
"You trouble the court with these d.a.m.nable excursions," cried Justice Millet, with no attempt to conceal his anger. "By the law of England the King never dies. Your plea must be direct,--"Guilty," or "Not Guilty." No man standing in your position at the bar must make any other answer to the indictment."
"Shall I be heard, my lord?"
"You shall, sir, but only on your trial."
"I urge a point of law, and I ask for counsel," said Ralph; "I can pay." "You seem to be versed in proceedings of law, young man,"
replied the judge, with an undisguised sneer.
The paper dropped below the mouth.
"Mr. Ray," said Justice Hide, in a friendly tone, "the course is that you should plead."
"I stand charged, my lord, with no crime. How, then, shall I plead?"
"Mr. Ray," said the judge again, "I am sorry to interrupt you. I hold that a man in your position should have every leniency shown to him.
But these discourses are contrary to all proceedings of this nature.
Will you plead?"
"He _must_ plead, brother; there is no _will you?_" rejoined the other occupant of the bench.
The paper went up over the eyes once more. There was some laughter among the men before the table.
"He thinks it cheap to defy the court," said counsel for the King.
"Brother Millet," said Justice Hide, "when a prisoner at the bar would plead anything in formality, counsel should be allowed."
"Oh, certainly, certainly," replied the judge, recovering his suavity.
Then turning to Ralph, he said,--
"What is the point of law you urge?"
"What I am accused of doing," replied Ralph, "was done under the command of the Parliament, when the Parliament was the supreme power."
"Silence, sir," cried Justice Millet. "The Parliament was made up of a pack of usurpers with a low mechanic fellow at their head. Gentlemen,"
turning with a gracious smile to the jury, "you will remember what I said."
"The Parliament was appointed by the people," replied Ralph quietly, "and recognized by foreign princes."
"It was only a third part of the const.i.tution."
"It did not live in a corner. The sound of it went out among many nations."
Ralph still spoke calmly. The spectators held their breath.
"Do you know where you are, sir?" cried the judge, now grown scarlet with anger. "You are in the court of his Majesty the King. Would you have the boldness here, before the faces of the servants of that gracious Prince, to justify your crimes by claiming for them the authority of usurpers?" "I am but charged," replied Ralph, "with putting my hand to that plough which all men were then compelled to follow. I am but accused of fidelity to that cause which some of my prosecutors, as I see, did themselves at first submit to, and afterwards betray."
At this there were loud murmurs in the court. The paper had fallen from the face of Justice Hide. His brother justice was livid with rage.
"What fellow is this?" said the latter judge, with obvious uneasiness.
"A dalesman from the mountains, did you say?"
"Dalesman or not, my lord, a cunning and dangerous man," replied counsel.
"I see already that he is one who is ready to say anything to save his miserable life."
"Brother Millet," interrupted the other judge, "you have rightly observed that this is a court of his Gracious Majesty. Let us conduct it as such."
There was a rustle of gowns before the table and some whispering in the court.
"Mr. Ray, you have heard the indictment. It charges you as a false traitor against his Most Gracious Majesty, your supreme and natural lord. The course is for you to plead Guilty or Not Guilty."
"Have I no right to the General Pardon?" asked Ralph.
Justice Millet, recovering from some temporary discomfiture, interposed,--
"The proclamation of pardon was issued before his Majesty came into possession."
"And my crime--was not that committed before the King came into possession? Are the King"s promises less sacred than the people"s laws?"
Again some murmuring in the court.