The short winter day was nearly ended.
The streets were deserted, save for a few random
stragglers, and these hurried straight along, with
the intent look of people who were only anxious to
accomplish their errands as quickly as possible, and
then snugly house themselves from the rising wind
and the gathering twilight. They looked neither
to the right nor to the left; they paid no attention
to our party, they did not even seem to see them.
Edward the Sixth wondered if the spectacle of a king
on his way to jail had ever encountered such marvellous
indifference before. By-and-by the constable
arrived at a deserted market-square, and proceeded
to cross it. When he had reached the middle of
it, Hendon laid his hand upon his arm, and said in
a low voice—
“Bide a moment, good sir, there
is none in hearing, and I would say a word to thee.”
“My duty forbids it, sir; prithee
hinder me not, the night comes on.”
“Stay, nevertheless, for the
matter concerns thee nearly. Turn thy back a
moment and seem not to see: Let this
poor lad escape.”
“This to me, sir! I arrest thee in—”
“Nay, be not too hasty.
See thou be careful and commit no foolish error”—then
he shut his voice down to a whisper, and said in the
man’s ear—“the pig thou hast
purchased for eightpence may cost thee thy neck, man!”
The poor constable, taken by surprise,
was speechless, at first, then found his tongue and
fell to blustering and threatening; but Hendon was
tranquil, and waited with patience till his breath
was spent; then said—
“I have a liking to thee, friend,
and would not willingly see thee come to harm.
Observe, I heard it all—every word.
I will prove it to thee.” Then he repeated
the conversation which the officer and the woman had
had together in the hall, word for word, and ended
with—
“There—have I set
it forth correctly? Should not I be able to set
it forth correctly before the judge, if occasion required?”
The man was dumb with fear and distress,
for a moment; then he rallied, and said with forced
lightness—
“’Tis making a mighty
matter, indeed, out of a jest; I but plagued the woman
for mine amusement.”
“Kept you the woman’s pig for amusement?”
The man answered sharply—
“Nought else, good sir—I tell thee
’twas but a jest.”
“I do begin to believe thee,”
said Hendon, with a perplexing mixture of mockery
and half-conviction in his tone; “but tarry thou
here a moment whilst I run and ask his worship—for
nathless, he being a man experienced in law, in jests,
in—”
He was moving away, still talking;
the constable hesitated, fidgeted, spat out an oath
or two, then cried out—
“Hold, hold, good sir—prithee
wait a little—the judge! Why, man,
he hath no more sympathy with a jest than hath a dead
corpse!—come, and we will speak further.
Ods body! I seem to be in evil case—and
all for an innocent and thoughtless pleasantry.
I am a man of family; and my wife and little ones—List
to reason, good your worship: what wouldst thou
of me?”
“Only that thou be blind and
dumb and paralytic whilst one may count a hundred
thousand—counting slowly,” said Hendon,
with the expression of a man who asks but a reasonable
favour, and that a very little one.
“It is my destruction!”
said the constable despairingly. “Ah, be
reasonable, good sir; only look at this matter, on
all its sides, and see how mere a jest it is—how
manifestly and how plainly it is so. And even
if one granted it were not a jest, it is a fault so
small that e’en the grimmest penalty it could
call forth would be but a rebuke and warning from
the judge’s lips.”
Hendon replied with a solemnity which
chilled the air about him—
“This jest of thine hath a name,
in law,—wot you what it is?”
“I knew it not! Peradventure
I have been unwise. I never dreamed it had a
name—ah, sweet heaven, I thought it was
original.”
“Yes, it hath a name.
In the law this crime is called Non compos mentis
lex talionis sic transit gloria mundi.”
“Ah, my God!”
“And the penalty is death!”
“God be merciful to me a sinner!”
“By advantage taken of one in
fault, in dire peril, and at thy mercy, thou hast
seized goods worth above thirteenpence ha’penny,
paying but a trifle for the same; and this, in the
eye of the law, is constructive barratry, misprision
of treason, malfeasance in office, ad hominem expurgatis
in statu quo—and the penalty is death by
the halter, without ransom, commutation, or benefit
of clergy.”
“Bear me up, bear me up, sweet
sir, my legs do fail me! Be thou merciful—spare
me this doom, and I will turn my back and see nought
that shall happen.”
“Good! now thou’rt wise
and reasonable. And thou’lt restore the
pig?”
“I will, I will indeed—nor
ever touch another, though heaven send it and an archangel
fetch it. Go—I am blind for thy sake—I
see nothing. I will say thou didst break in
and wrest the prisoner from my hands by force.
It is but a crazy, ancient door—I will
batter it down myself betwixt midnight and the morning.”
“Do it, good soul, no harm will
come of it; the judge hath a loving charity for this
poor lad, and will shed no tears and break no jailer’s
bones for his escape.”