Dark Fire

Chapter Five

THE OLD BAILEY COURT is a small, cramped building set against the outer side of the City wall opposite Newgate. There is nothing of the panoply of the civil courts in Westminster Hall, although judgements here deal not with money and property, but maiming and death.

On Saturday morning I arrived in good time. The court did not usually sit on Saturdays, but with the civil-law term starting the following week the judges would be heavily occupied and the London assize had been brought forward to get the criminal business out of the way. I passed inside the courtroom, clutching my file of precedents, and bowed to the bench.

Judge Forbizer sat on his dais working on papers, his scarlet robes a slash of colour among the dull clothes of the rabble crowding the benches, for the assize was ever a popular spectacle and the Wentworth case had aroused much interest. I looked for Joseph and saw him sitting at the end of a bench, squashed against a window by the press of people, biting his lip anxiously. He raised a hand in greeting and I smiled, trying to show a confidence I did not feel. He had visited Elizabeth every day since Tuesday, but she had still not uttered a word. I had met him the evening before and told him I would try for a plea of madness, which was all that was left to us.

Some distance away I saw a man who looked so like Joseph it could only be his brother Edwin. He wore a fine green robe with a fur trim; his face was drawn with care. He met my look and glared, pulling his robe closer around him. So he knew who I was.

And then, in the row in front of Edwin Wentworth, I saw the young man who had been watching me near Guy's shop. Today he wore a sober doublet of dark green. He sat resting his chin on an elbow placed insolently on the rail separating the spectators' benches from the court. He stared at me speculatively, large dark eyes keen with interest. I frowned and he smiled briefly, settling himself more comfortably. So I was right, I thought, they've set this ruffian to watch me, try to put me off my stride. Well, that will not work. I hitched my gown and stepped away to the lawyers' bench. As this was a criminal trial it was empty, but as I sat down I noticed Bealknap in a doorway. He was talking with an official in clerical dress, the bishop's ordinary.

At that time there was still much corrupt use of benefit of clergy. If a man was found guilty of a crime, then by claiming he was a clerk in holy orders he had the right to be handed over to the bishop for punishment. All one had to do to claim benefit was to prove one was literate by reading aloud the opening verse of psalm 51. King Henry had restricted the use of benefit to non-capital crimes but the rule still stood. Those who satisfied the test were taken to Bishop Bonner's gaol until he decided they had repented; a repentance verified by twelve compurgators, men of good standing who attested to the convict's truthfulness. Bealknap had a ring of compurgators who for a fee would happily vouch for anyone. His sideline was well known throughout Lincoln's Inn, but no barrister would ever inform against another member of the profession.

As I took my place, Forbizer stared at me. It was impossible to gauge his mood; his thin, choleric face always wore the same expression of cold disgust at human sinfulness. He had a long, tidily clipped grey beard and hard coal-black eyes that stared at me coldly. A barrister appearing at a criminal trial meant troublesome legal interruptions.

'What do you want?' he asked.

I bowed. 'I am here to represent Mistress Wentworth, your honour.'

'Are you now? We'll see.' He lowered his head to his papers again.

There was a stir and everyone turned as the jury, twelve well-fed London merchants, were escorted into the jury box. Then the door from the cells opened and the tipstaff led in a dozen ragged prisoners. The more serious cases were heard first, the ones that carried the death penalty; murder, burglary and thefts valued at more than a shilling. The accused were manacled together at the ankles and their chains made a clanking noise as they were led to the dock. They brought a mighty stink with them and some spectators produced nosegays, though the smell did not seem to trouble Forbizer. Elizabeth was at the end of the line next to the fat woman, the alleged horse thief. The woman was tightly grasping the hand of a ragged young man who was trembling and fighting back tears, her son no doubt. I had only seen Elizabeth's face before; now I saw she had a comely figure. She wore a grey indoor dress, crumpled and filthy through being worn over a week at Newgate. I tried to catch her eye but she kept her head bowed. There was a murmur among the spectators, and I saw the sharp-faced young man studying her with interest.

The prisoners shuffled into the dock. Most had frightened, drawn expressions and the young horse thief was shaking like a leaf now. Forbizer gave him a hard look. The clerk stood and asked the prisoners, one by one, how they pleaded. Each replied, 'Not guilty.' Elizabeth was last.

'Elizabeth Wentworth,' the clerk asked solemnly, 'you are charged with the foul murder of Ralph Wentworth on May sixteenth last. How say you – guilty or not guilty?'

I felt the courtroom tense. I did not rise yet, I must wait and see whether she took this final chance to speak, but I looked at her beseechingly. She bowed her head, the long tangled hair falling forward and hiding her face. Forbizer leaned across his desk.

'You are being asked to plead, Mistress,' he said coldly and evenly. 'You had better.'

She lifted her head and looked at him, but it was the same look she had given me in her cell: unfocused, blank, as though looking through him. Forbizer reddened slightly.

'Mistress, you stand accused of one of the foulest crimes imaginable against God and man. Do you or do you not accept trial by a jury of your peers?'

Still she did not speak or move.

'Very well, we will address this at the end of the session.' He looked at her narrowly a moment more, then said, 'Bring on the first case.'

I took a deep breath. Elizabeth stood motionless as the clerk read the first indictment. She stood thus all through the next two hours, only occasionally moving her weight from one hip to the other.

I had not attended a criminal trial for years and was surprised anew at the careless speed of the proceedings. After each accusation was read witnesses were brought on and put under oath. The prisoners were allowed to question their accusers or bring on their own witnesses and several matters descended to exchanges of abuse, which Forbizer silenced in a clear, rasping voice. The horse thieves were accused by a stout innkeeper; the fat woman insisted over and again she had never been there, although the innkeeper had two witnesses; her son only sobbed and shook. At length the jury were sent out; they would be kept in the jury room without meat or drink until they reached their verdicts and would not be long. The prisoners shuffled their feet anxiously, chains clanking, and a buzz of conversation rose from the spectators.

Everyone had been penned in the hot room all morning and the stench by now was dreadful. A shaft of sunlight from the window had settled on my back and I felt myself begin to perspire. I cursed; judges never like a sweating advocate. I looked around. Joseph sat with his head in his hands, while his brother studied Elizabeth's still, frozen form through half-closed eyes, his mouth set hard. My watcher leaned back on his bench, arms folded.

The jury returned. The clerk handed Forbizer the sheaf of informations annotated with their verdicts. I felt the tension in the box as the prisoners stared at the strips of paper holding their fates; even Elizabeth glanced up briefly.

Five men were found innocent of theft and seven guilty, including the old woman and her son, whose name was Pullen. As the verdict on them was read out the old woman called out for the judge to be merciful and to spare her son, who was but nineteen.

'Goodwife Pullen –' Forbizer's lower lip curled slightly, red amid his neat beard, his habitual gesture of contempt – 'You took the horse together, you have both been found guilty of larceny and so there will be a-pullen at both your necks.' Someone among the spectators laughed and Forbizer glared at them; he did not like levity in court, even at his own jokes. The old woman gripped her son's arm as he began to weep again.

The constable released those found innocent from their shackles and they scurried off. The condemned were led back to Newgate and the clattering of their chains faded away. Now Elizabeth alone remained in the dock.

'Well, Miss Wentworth,' Forbizer rasped, 'will you plead now?'

No reply. There was a murmuring in court: Forbizer silenced it with a look. I rose, but he waved me to sit down again.

'Wait, Brother. Now, Mistress. Guilty or not guilty, it takes little effort to say.' Still she stood like a stone. Forbizer set his lips. 'Very well, the law is clear in these cases. You will suffer peine forte et dure, crushing beneath weights until you plead or die.'

I rose again. 'Your honour –'

He turned to me coldly. 'This is a criminal trial, Brother Shardlake. Counsel may not be heard. Do you know so little law?' There was a titter along the benches; these people wanted Elizabeth dead.

I took a deep breath. 'Your honour, I wish to address you not on the murder but regarding my client's capacity. I believe she does not plead because her wits are gone, she is insane. She should not therefore suffer the press. I ask for her to be examined –'

'The jury can consider her mental state when she is tried,' Forbizer said shortly, 'if she condescends to plead.' I glanced at Elizabeth. She was looking at me now, but still with that dead, dull stare.

'Your honour,' I said determinedly, 'I would like to cite the precedent of Anon in the Court of King's Bench in 1505, when it was held that an accused who refuses to plead and whose sanity is put in question should be examined by a jury.' I produced a copy. 'I have the case –'

Forbizer shook his head. 'I know that case. And the contrary case of Beddloe, King's Bench, 1498, which says only the trial jury may decide on sanity.'

'But in deciding between the cases, your honour, I submit consideration must be given to my client's weaker sex, and the fact she is below the age of majority –'

Forbizer's lip curled again, a moist fleshy thing against his grey beard. 'And so a jury has to be empanelled now to determine her sanity, and you buy more time for your client. No, Brother Shardlake, no.'

'Your honour, the truth of this matter can never be determined if my client dies under the press. The evidence is circumstantial, justice calls for a fuller investigation.'

'You are addressing me now on the matter itself, sir. I will not allow –'

'She may be pregnant,' I said desperately. 'We do not know, as she will say nothing. We should wait to see if that may be so. The press would kill an unborn child!'

There was more muttering among the spectators. Elizabeth's expression had changed; she was looking at me with angry outrage now.

'Do you wish to plead your belly, madam?' Forbizer asked. She shook her head slowly, then lowered it, hiding her face in her hair once more.

'You understand English then,' Forbizer said to her. He turned back to me. 'You are clutching at any excuse for delay, Brother Shardlake. I will not allow that.' He hunched his shoulders and addressed Elizabeth again. 'You may be below the age of majority, Mistress, but you are above that of responsibility. You know what is right and wrong before God, yet you stand accused of this hideous crime and refuse to plead. I order you to peine forte et dure, the weights to be pressed on you this very afternoon.'

I jumped up again. 'Your honour –'

'God's death, man, be quiet!' Forbizer snapped, banging a fist on his desk. He waved at the constable. 'Take her down! Bring up the petty misdemeanours.' The man stepped into the dock and led Elizabeth away, her head still bowed. 'The press is slower than the noose,' I heard one woman say to another. 'Serve her right.' The door closed behind them.

I sat with my head bowed. There was a babble of conversation and a rustling of clothes as the spectators rose. Many had come only to see Elizabeth; the petty thefts worth under a shilling were of little interest, those guilty would just be branded or lose their ears. Only Bealknap, still lurking in the doorway, looked interested, for those convicted of lesser crimes could claim benefit of clergy. Edwin Wentworth went with the rest; I saw the back of his robe as he walked out. Joseph remained alone on his bench, looking disconsolately after his brother. The sharp-faced young man had already gone, with Sir Edwin perhaps. I went over to Joseph.

'I am sorry,' I said.

He clutched my hand. 'Sir, come with me, come now to Newgate. When they show her the weights, the stone to go beneath her back, it may frighten her into speech. That could save her, could it not?'

'Yes, she'd be brought back for trial. But she won't do it, Joseph.'

'Try, sir, please – one last try. Come with me.'

I closed my eyes for a moment, 'Very well.'

As we walked into the vestibule of the court, Joseph gave a gasp and clutched his stomach. 'Agh, my guts,' he said. 'This worry has put them out of order. Is there a jakes here?'

'Round the back. I'll wait for you. Hurry. They'll take her to the press straight away.'

He shouldered a way through the departing crowd. Left alone in the hall, I sat down on a bench. Then I heard a rapid patter of footsteps from the court. The door was flung open and Forbizer's clerk, a round little man, ran up to me, his face red, robes billowing around him. 'Brother Shardlake,' he puffed. 'Thank goodness. I thought you had gone.'

'What is it?'

He handed me a paper. 'Judge Forbizer has reconsidered, sir. He asked me to give you this.'

'What?'

'He has reconsidered. You are to have another two weeks to persuade Mistress Wentworth to plead.'

I stared at him uncomprehendingly. No one could have looked less like reconsidering than Forbizer. There was something shifty, uneasy, in the clerk's face. 'A copy of this has gone to Newgate already.' He thrust the paper at me and vanished back into the courtroom.

I looked at it. A brief order above Forbizer's spiky signature, stating Elizabeth Wentworth was to be detained in the Newgate Hole for another twelve days, until the tenth of June, to reconsider her plea. I sat staring around the hall, trying to work it out. It was an extraordinary thing for any judge to do, let alone Forbizer.

There was a touch on my arm. I looked up to find the sharp-faced young man at my elbow. I frowned and he smiled again, a cynical smile that turned up one corner of his mouth, showing white even teeth.

'Master Shardlake,' he said, 'I see you have the order.' His voice was as sharp as his face, with the burr of a London commoner.

'What do you mean? Who are you?'

He gave a small bow. 'Jack Barak, sir, at your service. It was I persuaded Judge Forbizer to grant the order just now. You did not see me slip behind the bench?'

'No. But – what is this?'

His smile vanished and again I saw the hardness in his face. 'I serve Lord Cromwell. It was in his name I persuaded the judge to give you more time. He didn't want to, stiff-necked old arsehole, but my master is not refused. You know that.'

'Cromwell? Why?'

'He would see you, sir. He is nearby, at the Rolls House. He asks me to take you there.'

My heart began pounding with apprehension. 'Why? What does he want? I haven't seen him in close on three years.'

'He has a commission for you, sir.' Barak raised his eyebrows and stared at me insolently with those large brown eyes. 'Two weeks' more life for the girl is your fee, paid in advance.'