CHAPTER XXXV.

THE COLLEGE OF JUSTICE.

"No! in an accursed spot--our magic tree, Where devils from of yore their sabbath keep-- Has all this been contrived; there did she sell Her soul to the eternal fiend, to be With brief vain-glory honoured in this world. Bid her stretch forth her arm, and ye will see The puncture, by which hell hath marked its own." SCHILLER'S _Maid of Orleans_

The summer solstice was passed.

Heavily and louringly the 15th of July dawned over Edinburgh; and one hour after the portes were unclosed, the Right Honourable Knight, Sir Simon Preston of Craigmillar, the new Lord Provost of the city and Admiral of the Forth, entered by the Kirk-of-field Wynd, sheathed in full armour, with a party of horse; when, conformably to the orders of his eminence the cardinal, John Muckleheid, senior bailie, joined him with three hundred archers--the same burgher-archers who had lined the streets exactly two months before, on the entrance of Queen Magdalene.

A tumult was expected; very few merchants or chapmen opened their booths on this morning; and those between the Bell-house and the Tron remained closed. Sir John Forrester's guards were doubled at the palace, the Mint, the castle-gate, and elsewhere; and after arming themselves with more than usual care, vast crowds of burghers poured towards the Exchequer Chambers, or _'Checquer Chalmers_, as they then named them. The stacks of heather, broom, whins, and of other fuel, which were then permitted to encumber the street, either as being the property of householders, or for sale, bore each on their summit a load of urchins, whose yells and outcries served to increase the general clamour.

A flag was flying on the steeple of the Tolbooth, which had been built fifty years before, by John Mercer, master mason; and thirteen shops (formed at the same period), in the vaults below the edifice, remained closed and barricaded.

The respect his garb ensured him, and the liberal manner in which he said "Pax vobiscum" to all, enabled the anxious and excited Father St. Bernard, on leaving his dormitory in the house of the prebendaries, to force a passage through the dense crowd which occupied the High-street, around the Exchequer, the Tolbooth, and Council-house, spreading even down the steep churchyard of St. Giles.

The provost's kinsman, Sir Andrew Preston, of Quhite-hill and Gourtown, with a squadron of horsemen, overawed the crowd. Clad in a suit of rich armour, he rode up and down the thoroughfare with his long lance, ordering and threatening some, or courteously giving admittance to others. The priest procured a place within the large hall of the Exchequer, where, for some reason now unknown, the trial of his unhappy penitent was to take place. A strong guard of archers occupied the hall-door and the turnpike-stair below, permitting none to enter without the closest scrutiny, lest armed Setons or Douglases might penetrate into the heart of the place; for rumours of rescue were abroad in the city.

Roofed with beams of oak, painted and gilded, the hall was lighted by two rows of windows, lozenged and stained with brilliant coats of arms. Those on the east faced the dark buildings of a narrow close; those on the west overlooked the churchyard of St. Giles; thus, as the sun could not (until mid-day) penetrate its recesses, the light within the hall, at the early hour of eight, when the court began to assemble, was of the most subdued and sombre kind.

At the upper end were fifteen chairs, behind a bench, all covered with scarlet cloth, whereon sat Walter Mylne, abbot of Cambuskenneth, lord president of the recently instituted, and then eminently obnoxious court of judicature, with his fourteen lords--viz., the abbot of Kinloss, the rector of Ashkirk, the provosts of Dunglass and of the Holy Trinity; the deans of Brechin, Restalrig, and Dunbar, who sat on his right hand; while the remaining seven, who were laymen--the knights of Balwearie, Lundie, Easter-Wemyss, Oxengangs, and of the Highriggs, Sir Francis Bothwell, and Otterburn of Auldhame (a cousin of Redhall)--sat upon his left. These were the first fifteen senators of the College of Justice in Scotland; and, save the churchmen, few of them could sign their names. They were all men advanced in life; and, with their black caps and scarlet gowns, looked grimly over the half circular bench, which was raised on a dais several feet above the floor of the hall.

Headed by Lord David Hamilton (a son of the Earl of Arran), their chancellor, or, as we would now turn him, their foreman, the jury, which was principally composed of Hamiltons, occupied a recess on one side of the hall; while the ten advocates, in gowns of Paris black, with a number of sworn notaries, had the privilege of occupying the other. A tall wax candle, painted over with religious emblems, burned on the right hand of the president; and coldly its light fell upon his pinched and stern features and the gold crucifix which glittered upon his breast.

Before him, on one hand, was a table where the clerks of court sat, intrenched up to their ears in papers; on the other stood an uncouth machine, covered by a black cloth. There was something in its aspect that made the blood run cold; it was the rack, with other instruments of torture. They were then in full use by the new court, but were last applied in Edinburgh by order of William III., whom the Scottish people will ever remember as the assassin-king--the butcher of Glencoe.

Near this, in a large arm-chair, hidden from the view of all save the lords, sat Redhall, buried in thought.

Macers in black gowns, and archers in steel caps, were visible here and there; but everywhere behind the bar was a dense crowd, whose heads were overlooking each other in close rows, like piles of cannon-shot. The whole court sat in the form of a horseshoe; and every lord's mouth, and every juryman's too, bore some resemblance to the same figure; for gloom, anger, and severity were impressed upon them all.

The bar enclosed the ends of this great horseshoe; and there, between two arquebusiers of the king's guards, sat Lady Jane Seton.

Destitute of every ornament save an amber rosary, she was plainly attired in a deep-skirted and close-bodied dress of blue silk, with hanging sleeves, each of which, from the elbow, had three rows of broad lace; and beneath these, from elbow to wrist, her round white arms were bare. A simple angular cap, of that graceful fashion which we see in the old portraits of Anne Boleyn, covered her head. She was pale as death, and the plain braids of her dark, almost black-brown hair, made her seem paler still. She had become fearfully thin and hollow-cheeked, but the character of her beauty was rather increased than impaired by this attenuation.

There was an expression of intense sadness in her quiet and limpid eye, and of sorrow on her lip; but there were times when her eyes flashed and her lip quivered with surprise and contempt, or a cloud of horror would descend upon her brow at the various proceedings of this new court, and the bitter humiliation to which it subjected her. But now, nearly broken in spirit, crushed, and feeling that she was for ever degraded by the frightful accusation brought against her, in general she was careless of what was done, or said, or thought of her.

There was something antique in her beauty; but nothing could be softer, purer, or more delicate than its aspect.

In silence she heard the low muttered revilings and exclamations around her; when harassed by the stern questions of the hardhearted and the credulous, or confounded by their energy and ferocity, their determination and their sophistry, she became utterly silent, and sought to bend all her thoughts on inward prayer.

A maze was before her eyes, and amid the maze were fifteen scarlet spots, her fifteen judges; a confused murmur was in her ears, but amid that murmur she could hear the beating of her own heart. In its inner recesses there was but one thought--_Roland_; and her heart only shrunk when her chain rattled; for they had chained her.

She was a witch!.....

Many a familiar face was in the crowd, yet not one deigned to look on her with kindness or with friendship. The terrible accusation had frozen the hearts of all; thus she saw less perhaps of sorrow than of indignation in every face; while, generally, a silence the most profound reigned throughout the whole assembly.

In Scotland trials for sorcery were mere formalities; the same blind terror and insane credulity which brought forward the accusation and hurried on the decision, led at once to the frightful condemnation. When first indicted, Jane had some hope of mercy, and that her perfect innocence might avail her; for sorcery was then a new crime, and there were many who totally denied its existence; but the moment she entered the court, and looked on the faces of her judges, and saw that there were eight Hamiltons in the jury-box, she felt that her doom was written, and gave herself up for lost--as the majority of votes form the opinion of a Scottish jury.

The proceedings of the Supreme High Court of Justiciary in 1537, the year of its birth, were, in detail, widely different from what they are to-day; and such was its informality, that there was not one witness for the defence, the counsel for which based his arguments solely on the blameless life, the innocence, and conscious rectitude of the accused.

"I am innocent!" Jane would sometimes repeat to herself; "and they dare not punish me--God will not permit them!"

The clerk of the court now stood up to read the indictment, which was written on a strip of parchment:--

"Jane Seton, most falsely designated lady and of Ashkirk, thou art delated by the king's advocate for procuring the death of umquhile the queen's grace (whom the blessed Lord assoilzie!) by sorcery and incantations procured from hell; thou art accused of having a familiar spirit; of having renounced thy baptism, and having upon thee the mark by which Satan distinguishes all who have sold themselves unto his service."

"Of these crimes against the laws of God and of man, of nature and our holy Christian church, Jane Seton, art thou guilty, or art thou not guilty?" asked the abbot Mylne, sadly and solemnly.

Thrice the question had to be repeated before she was roused from her apathy to reply.

"Guiltless, father abbot--guiltless of such crimes--even as the blessed Mother of all compassion herself was guiltless," she replied, gently but energetically; "and this day I call upon her to hear the truth of my assertion; and the unhappy never seek her aid in vain."

A murmur floated above the crowd of spectators; and Jane's head sank on her breast.

Like a sharp poniard, her voice sank into the heart of Redhall. He now arose, and with a paper in his hand--a paper which he nervously folded and unfolded--prepared to speak. He looked like an animated corpse; his long flowing gown of black Parisian cloth, the sable hue of his beard and moustache, contrasted forcibly with his livid complexion. His eyes were hollow, and a ghastly agony was impressed on every lineament of his face; but attributing these appearances to his long and recent illness, the whole court, from the lord president down to Sanders Screw, the torturer, pitied his sufferings, and admired his worth and unflinching energy as an officer of state.

He dared not turn towards the prisoner, but spoke with averted eyes, which the court attributed to his gallantry and extreme delicacy of feeling. He endeavoured to condense the whole hatred of his heart against her; but love would come again, and they wrestled fiercely for the mastery. His heart swelled within his breast, and his brain became wild. He had two existences, and two hearts--one which loved, and one which hated--one that longed to possess, and another that longed to destroy her.

Then it would seem that he loved her as of old, and was prompted to avow his passion and his guilt, and, asserting her innocence, poniard himself before the court; but again his mad and murderous longing for revenge would come back upon his heart like a devouring fever, and thus he loved and thus abhorred in the same moment. Strange, wild, and inconsistent, his was the love of the devil united to the frenzy of a destroyer; he felt that it was so, and there were times when he doubted his own sanity.

The die was cast now, and a thousand eyes were bent upon him, and a thousand ears were listening. He made a tremendous effort to master his fierce emotions and open the prosecution; and being aware that there were many among the judges who doubted, and even denied the existence of witchcraft, he bent all his dangerous eloquence to prove the first position.

"My lords," said he, with a voice that, from being soft and flute-like, had now become hoarse and hollow, though it sounded like a serpent's hiss to Jane. "My lords, there may be among us those who decline to admit that witchcraft existeth in the world; albeit, divines cannot doubt it, for have not the words of God admitted that such things may be? In the eighteenth chapter of Deuteronomy, we are told that diviners, enchanters, consulters with familiar spirits, witches, necromancers, 'are an abomination unto the Lord;' and further, the twentieth chapter of Leviticus saith, 'the soul that turneth after such as have familiar spirits, and after wizards, _I will even set my face against that soul_, and will cut him off from among the people;' while the Mosaic law emphatically ordained that no witch shall be suffered to live. We need not, most reverend and learned lords, look so far back for proofs that sorcerers and charmers existed, and do exist: it must be apparent to every reasonable being that what hath once been may be again, for nothing is impossible either to God or the devil; and the ancient chronicles of Scotland, and of every other kingdom, teem with proofs of sorcery. The heathens of the olden time visited witches with the most dreadful punishments; the Persians dashed out their brains with stones; while we know that the Assyrians, Chaldeans, the Indian Gymnosophists, and the Druids of Caledonia, were addicted to the deepest sorcery. By the laws of Charlemagne, a witch who ate human flesh escaped for two hundred sous, which shows (as in the present case) that sorcery was not confined to the lower class of society.

"The emperor Manuel Comnenus punished sorcerers with the utmost rigour; and the blessed St. Patrick procured fire from heaven to destroy nine of them. St. Colme saw a wizard milk a bull, as we are informed by St. Adamnan, for the saints are constantly watching Satan, the prince of hell and promoter of mischief; and if so, how much more ought we, who are _their_ servants, to watch sorcerers and witches, who are the slaves of the devil!

"The witch of Endor feared to practise her sorceries before the king, because he had put to death all who had familiar spirits; and so great was the indignation of God against the sin of sorcery, that he cut off the ten tribes of Israel because they were wedded unto its abominations. John de Fordun records, that in the days of that good knight and gallant king, William the Lion, a wizard who perverted the vision of the people, was defeated by a holy man reading even a passage from the blessed Gospels.

"Among the Romans, Publius Marcius and Pituanus were executed for this crime; as also were Publicia and Lucinia, with threescore and ten other citizens, as Valerius Maximus informs us in the third chapter of the sixth book. Hence, to deny the existence of witches, is to deny the veracity of all history, ecclesiastical as well as secular; and thus sorcery, being the greatest of all human crimes, as it includes heresy, blasphemy, and treason against God, involves the most severe of all human punishments--death by fire--for fire is the emblem of purification.

"Picus of Mirandola, who lived in the last century, asserts in his writings, that 'magic is not founded on truth, since it depends upon powers that are enemies to truth;' and further, 'that there is no one power in heaven or earth but may be put in motion by the words of a magician;' and he proves that words are effectual in incantations, because God made use of words in arranging the universe."

"My lord advocate, to the point," said the president, dryly; "in many parts of his writings, Francisco Picus was a rank blasphemer."

"The prisoner at the bar is accused of procuring by sorcery, and the aid of magic images, the death of umquhile the queen's lamented grace, whom Heaven assoilzie! I accuse her of this, and boldly."

"To the proof," said the abbot of Cambuskenneth, as Redhall paused, and faltered.

"No difficult task, my lords," he resumed. "I need not expatiate on the hereditary hatred borne to the king, the queen and court, by the houses of Ashkirk and of Angus. Consanguinity is ever a strong proof of sorcery. The countess dowager of Ashkirk hath long sustained an evil reputation as a dabbler in magic. If the mother be a sorceress, we hold it in law, that the daughter must infallibly be so too. It is the inheritance of hell, and descends, as the children of married saints inherit a share of heaven. Arrian records that prophecy was hereditary, like disease, and why not sorcery?"

A murmur of assent replied.

"Hence, reared by her mother, the prisoner brought her damnable and abstruse studies to greater perfection; the pupil surpassed her teacher; and it was in her boudoir that this image, which is coated over with wax and stuck full of pins, was yesterday discovered by an officer of this high court--an officer whose veracity and worth none will dare to gainsay."

Here Master Birrel smoothed his shock pate; pulled up his ruff, which was stiffened with whalebone, and looked complacently around him.

"The good queen's gradual illness and wasting away from the hour of her landing, was the slow but matured work of sorcery; and such the most learned physicians and apothegars have declared it to be. My lords and gentlemen, here are written copies of the proofs," he added, as his clerks and scribes distributed to the bench and jury a number of written papers; but the said clerks or scribes might have saved themselves the trouble, as few of the learned lords, and not one of the intelligent jury, could either read or write. Neither had yet become fashionable or necessary accomplishments. "There you will find," continued the lord advocate, "that the queen's grace was first bewitched at the ball in Holyrood, where the Lady Seton induced others to dance a measure diabolique, which is well known to be in use among the witches of France; and as they danced, so the queen's illness increased with wondrous rapidity. That night her majesty kindly gave the prisoner her hand to kiss; then lo, again, the power of hell! the kiss burned into her heart, and she sank into a deadly faint. In both kiss and dance, my lords, we will prove there was sorcery, as the abbot of Kinloss assured me at the time. We all know how much Satan hath achieved by the agency of dancing, on looking back to the fits and visions of the Convulsionists, who in 1373 appeared at Aix-la-Chapelle. There is a certain mountain of the Harz chain in Almainie, where, on the 1st of May, every year, all the witches and wizards of the earth rendezvous to dance on _Valpurgis night_, as they name it. Now, _La Volta_, the hell-dance, was the ancient measure of the orgia, the feasts of Bacchus, a god of the pagans--a demon who loved wine. It came from Italy to Spain; from Spain to France; from France to Scotland.

"To the second proof. The prisoner with others visited the booth of Master Mossman, jeweller to the king's majesty; and there, placing on her head the queen's new crown (a notable piece of Douglas presumption), said certain words, to the effect that _she would never live to wear it, for her days were numbered_, and these ominous words we have here six witnesses to prove. Oh, my lords, did they not clearly and prophetically indicate a foreknowledge of the queen's death, obtained by the assistance of that familiar spirit who resided with her in the quality of page? Lastly, this image, half roasted and perforated by ninety-nine pins, and marked with a crown and the letters M.B., for Magdalene Bourbon. My lords and gentlemen, can other proof be wanting?"

Here he held up to view, between a pair of small iron tongs, a little wooden figure, about eight inches long, having on its head a crown.

"Mother of God!" muttered the people, crossing themselves with horror at these accumulated proofs.

"That death may be produced by wasting images, I could adduce a thousand instances; but less will suffice. In the year 980, our own King Duff, who pined under a grievous illness in Murrayshire, was rescued from death when the witch was burned and her images broken. The severe illness of Charles VI. of France was caused by sorcery, and the witch was burnt; so was another, who, in conjunction with the devil, forged a deed in favour of Robert of Artois. The powers of inflicting and of allaying diseases were peculiar to sorcerers; the mother allayed--the daughter inflicted. Solomon could allay disease by incantations, and Phyrrus, king of Epirus, did so by one touch of his great toe. Magic water may have been thrown on the queen's person; for we know that a few drops from Chosopis, the enchanted river of the Persians, brought death to all on whom they fell. As the fire scorched and wasted this image, even so did the poor queen waste and sink. Observe, my lords, it is formed of _pine_."

"The pine was consecrated, by the heathens of old, to Pluto, King of Demons," said Lord Auldhame.

"And wherever the unhappy queen endured the most severe pains,--in her head, in her heart, or the region of the stomach, there we find the greatest number of torturing pins. There are seven in each eye, and, like three, seven is a mystical number. I have but one remark more, my lords. This image was originally that of one of the three kings of Cologne; it has been abstracted from the rood screen of St. Giles's, and made to serve for that of her umquhile majesty Queen Magdalene."

"Sacrilege! sacrilege!" cried the crowd of listeners; "blasphemy and heresy!----"

"All of which assuredly require the most severe penalty your lordships can inflict--death at the stake!" and as the lord advocate sat down, pale and exhausted by his long harangue, and by the wild misanthropy of his desperate soul, the horror waxed strong in the hearts of his hearers.

"Holy Mary!" exclaimed the lord president, raising his hands and eyes to the oak ceiling, "can this woman, this being abandoned of God and of man, be a daughter of that gallant race, every chief of which has bled for Scotland and its king? Oh, what a wondrous--what a vast amount of sin is here!"

Master Robert Galbraith and Master Henry Spittal, the most able of the ten advocates, spoke in the defence of the accused long and ably, but all their arguments were overborne by the sophistry and eloquence of Redhall, and by the cloud of witnesses for the prosecution, which proceeded with such rapidity, that they were soon silenced, and sat down completely baffled. Then a long and anxious pause succeeded.

Father St. Bernard was in despair.

A senator now spoke; he was the rector of Ashkirk.

"My lords," said he, "in all that I have this day heard, there is much that perplexes me sorely; for it seemeth that the same faculties which were _miracles_ when exercised by the saints, we style _sorceries_ when assumed by others. St. Servan of Lochleven converted water into wine, and from the bosom of the arid earth a fountain sprang at the voice of St. Patrick. St. Baldred of the Bass used as a boat that rock which we may still see fixed in the sea near his island; the wooden altar of St. Bryde of Douglas sprouted and put forth leaves at her holy touch; the robe of St. Colme procured rain in Iona; and, in the winter time, St. Blaise could strike fire with his fingers----"

Here a stern glance from the Abbot Mylne cut him short, and he paused.

"The blessed saints of whom thou speakest, my lord, wrought those wonders by the aid of Heaven alone, and not by the agency of a black spirit. Of late, the devil hath frequently appeared at the preachings of the Reformers as a black cat, and why may he not appear elsewhere as a black boy?" said the president.

"True, most reverend and learned lord," rejoined the meagre little abbot of Kinloss, "need I remind your lordships how my predecessor, Abbot Ralph, now in company of the saints, when holding a chapter of the Cistercians at Kinloss, A.D. 1214, beheld the devil, yea, as surely as my name is Robin Reid, beheld him, in the shape of an Ethiopian, enter by a window; but, on being exorcised in good Latin, he vanished in smoke."*

* See John de Fordun's "Scotichronicon."

"True, true," continued Redhall, incoherently; "and by a devilishly devised compact with this familiar, she assigned her soul to Satan for the powers given----"

"Proof?" said the doubting rector of Ashkirk; "where is this contract?"

"In the archives of hell--therefore, how can we produce it?"

The judge sat down silenced, and a cold smile flitted over the face of Redhall, whose usually impassible front the Cumæan sybil herself could not have read; but he looked anxiously at the abbot of Cambuskenneth.

"Would that I knew what is passing in thy bald head, thou shaven dotard!" thought he.

"Familiar spirits are usually black," said the president; "the vile imposter, Mahomet, had one in the shape of a black cock, which, when it crew, set all the cocks in the world crowing; and the Lord Hugh of Zester had a black demon named _Gudeshovel_, who dug for him his goblin hall beneath the surface of the earth. The unhappy prisoner having persisted in denying her guilt, I require a slight application of the torture, and an examination for the devil's mark, that the ends of justice may be duly satisfied."

Redhall, who had been but half prepared for this, felt his heart die within him, and he made a convulsive start.

"The torture! the torture! Oh, rather let me die! Holy abbot--my lords--I ask you not for pardon, because I am innocent. I think not of vengeance, because I am a woman--and though an earl's daughter and an earl's sistar, a poor and helpless one--but I implore death, because ye have dishonoured me by these accusations and by these bonds--cruelly and falsely dishonoured me. Put me to death, but not to the torture; for oh, I am weak, very weak, and will tell you anything. Let me die! let me die! Oh, save me, Sir Adam Otterburn--oh yes, everything--thou who hast done it all, save me from these frightful men!"

As Birrel and Sanders Screw approached the shrinking girl, with their stolid visages and huge hands, though half suffocated by sobs, she gave a low, wild cry of agony and horror, and closing her eyes, became perfectly passive. The judges looked on unmoved; a thrill pervaded the hearts of the people, and Redhall felt the perspiration trickle over his brow, though his blood ran cold through his veins.

"Oh, Roland, Roland! my love! my love! I am dying now," said Jane, in a low voice (that was heard by Redhall alone), as she was lifted from her seat.

Redhall's momentary pity died; he sat down with one of his freezing smiles--such smiles as can only be given by one who has alike outlived the hopes of his heart and the feelings of humanity.

"_The torture,_" repeated the lord president.

Redhall dipped his pen mechanically in the inkstand, and Dobbie uncovered the rack; then, as every man respired more freely, a low, but unintentional hiss seemed to pervade the hall.