“I believe I said, ‘I denounce it as a murder!’” said the son. “I beg your pardon — a God-defying murder. I have no wish to conceal the truth,” he added, and looked his father for a moment in the face.
“God, it would only need that of it next!” cried Hermiston. “There was nothing about your gorge rising, then?”
“That was afterwards, my lord, as I was leaving the Speculative. I said I had been to see the miserable creature hanged, and my gorge rose at it.”
“Did ye, though?” said Hermiston. “And I suppose ye knew who haangit him?”
“I was present at the trial, I ought to tell you that, I ought to explain. I ask your pardon beforehand for any expression that may seem undutiful. The position in which I stand is wretched,” said the unhappy hero, now fairly face to face with the business he had chosen. “I have been reading some of your cases. I was present while Jopp was tried. It was a hideous business. Father, it was a hideous thing! Grant he was vile, why should you hunt him with a vileness equal to his own? It was done with glee — that is the word — you did it with glee; and I looked on, God help me! with horror.”
“You’re a young gentleman that doesna approve of Caapital Punishment,” said Hermiston. “Weel, I’m an auld man that does. I was glad to get Jopp haangit, and what for would I pretend I wasna? You’re all for honesty, it seems; you couldn’t even steik your mouth on the public street. What for should I steik mines upon the bench, the King’s officer, bearing the sword, a dreid to evil-doers, as I was from the beginning, and as I will be to the end! Mair than enough of it! Heedious! I never gave twa thoughts to heediousness, I have no call to be bonny. I’m a man that gets through with my day’s business, and let that suffice.”
The ring of sarcasm had died out of his voice as he went on; the plain words became invested with some of the dignity of the Justice-seat.
“It would be telling you if you could say as much,” the speaker resumed. “But ye cannot. Ye’ve been reading some of my cases, ye say. But it was not for the law in them, it was to spy out your faither’s nakedness, a fine employment in a son. You’re splairging; you’re running at lairge in life like a wild nowt. It’s impossible you should think any longer of coming to the Bar. You’re not fit for it; no splairger is. And another thing: son of mines or no son of mines, you have flung fylement in public on one of the Senators of the Coallege of Justice, and I would make it my business to see that ye were never admitted there yourself. There is a kind of a decency to be observit. Then comes the next of it — what am I to do with ye next? Ye’ll have to find some kind of a trade, for I’ll never support ye in idleset. What do ye fancy ye’ll be fit for? The pulpit? Na, they could never get diveenity into that bloackhead. Him that the law of man whammles is no likely to do muckle better by the law of God. What would ye make of hell? Wouldna your gorge rise at that? Na, there’s no room for splairgers under the fower quarters of John Calvin. What else is there? Speak up. Have ye got nothing of your own?”
“Father, let me go to the Peninsula,” said Archie. “That’s all I’m fit for — to fight.”
“All? quo’ he!” returned the Judge. “And it would be enough too, if I thought it. But I’ll never trust ye so near the French, you that’s so Frenchi-feed.”
“You do me injustice there, sir,” said Archie. “I am loyal; I will not boast; but any interest I may have ever felt in the French—”
“Have ye been so loyal to me?” interrupted his father.
There came no reply.
“I think not,” continued Hermiston. “And I would send no man to be a servant to the King, God bless him! that has proved such a shauchling son to his own faither. You can splairge here on Edinburgh street, and where’s the hairm? It doesna play buff on me! And if there were twenty thousand eediots like yourself, sorrow a Duncan Jopp would hang the fewer. But there’s no splairging possible in a camp; and if ye were to go to it, you would find out for yourself whether Lord Well’n’ton approves of caapital punishment or not. You a sodger!” he cried, with a sudden burst of scorn. “Ye auld wife, the sodgers would bray at ye like cuddies!”
As at the drawing of a curtain, Archie was aware of some illogicality in his position, and stood abashed. He had a strong impression, besides, of the essential valour of the old gentleman before him, how conveyed it would be hard to say.
“Well, have ye no other proposeetion?” said my lord again.
“You have taken this so calmly, sir, that I cannot but stand ashamed,” began Archie.
“I’m nearer voamiting, though, than you would fancy,” said my lord. The blood rose to Archie’s brow.
“I beg your pardon, I should have said that you had accepted my affront. . . . I admit it was an affront; I did not think to apologise, but I do, I ask your pardon; it will not be so again, I pass you my word of honour. . . . I should have said that I admired your magnanimity with — this — offender,” Archie concluded with a gulp.
“I have no other son, ye see,” said Hermiston. “A bonny one I have gotten! But I must just do the best I can wi’ him, and what am I to do? If ye had been younger, I would have wheepit ye for this rideeculous exhibeetion. The way it is, I have just to grin and bear. But one thing is to be clearly understood. As a faither, I must grin and bear it; but if I had been the Lord Advocate instead of the Lord Justice-Clerk, son or no son, Mr. Erchibald Weir would have been in a jyle the night.”
Archie was now dominated. Lord Hermiston was coarse and cruel; and yet the son was aware of a bloomless nobility, an ungracious abnegation of the man’s self in the man’s office. At every word, this sense of the greatness of Lord Hermiston’s spirit struck more home; and along with it that of his own impotence, who had struck — and perhaps basely struck — at his own father, and not reached so far as to have even nettled him.
“I place myself in your hands without reserve,” he said.
“That’s the first sensible word I’ve had of ye the night,” said Hermiston. “I can tell ye, that would have been the end of it, the one way or the other; but it’s better ye should come there yourself, than what I would have had to hirstle ye. Weel, by my way of it — and my way is the best — there’s just the one thing it’s possible that ye might be with decency, and that’s a laird. Ye’ll be out of hairm’s way at the least of it. If ye have to rowt, ye can rowt amang the kye; and the maist feck of the caapital punishment ye’re like to come across’ll be guddling trouts. Now, I’m for no idle lairdies; every man has to work, if it’s only at peddling ballants; to work, or to be wheeped, or to be haangit. If I set ye down at Hermiston I’ll have to see you work that place the way it has never been workit yet; ye must ken about the sheep like a herd; ye must be my grieve there, and I’ll see that I gain by ye. Is that understood?”
“I will do my best,” said Archie.
“Well, then, I’ll send Kirstie word the morn, and ye can go yourself the day after,” said Hermiston. “And just try to be less of an eediot!” he concluded with a freezing smile, and turned immediately to the papers on his desk.
CHAPTER IV — OPINIONS OF THE BENCH
Late the same night, after a disordered walk, Archie was admitted into Lord Glenalmond’s dining-room, where he sat with a book upon his knee, beside three frugal coals of fire. In his robes upon the bench, Glenalmond had a certain air of burliness: plucked of these, it was a may-pole of a man that rose unsteadily from his chair to give his visitor welcome. Archie had suffered much in the last days, he had suffered again that evening; his face was white and drawn, his eyes wild and dark. But Lord Glenalmond greeted him without the least mark of surprise or curiosity.
“Come in, come in,” said he. “Come in and take a seat. Carstairs” (to his servant), “make up the fire, and then you can bring a bit of supper,” and again to Archie, with a very trivial accent: “I was half expecting you,” he added.
“No supper,” said Archie. “It is impossible that I should eat.”
“Not impossible,” said the tall old man, laying hi
s hand upon his shoulder, “and, if you will believe me, necessary.”
“You know what brings me?” said Archie, as soon as the servant had left the room.
“I have a guess, I have a guess,” replied Glenalmond. “We will talk of it presently — when Carstairs has come and gone, and you have had a piece of my good Cheddar cheese and a pull at the porter tankard: not before.”
“It is impossible I should eat” repeated Archie.
“Tut, tut!” said Lord Glenalmond. “You have eaten nothing to-day, and I venture to add, nothing yesterday. There is no case that may not be made worse; this may be a very disagreeable business, but if you were to fall sick and die, it would be still more so, and for all concerned — for all concerned.”
“I see you must know all,” said Archie. “Where did you hear it?”
“In the mart of scandal, in the Parliament House,” said Glenalmond. “It runs riot below among the bar and the public, but it sifts up to us upon the bench, and rumour has some of her voices even in the divisions.”
Carstairs returned at this moment, and rapidly laid out a little supper; during which Lord Glenalmond spoke at large and a little vaguely on indifferent subjects, so that it might be rather said of him that he made a cheerful noise, than that he contributed to human conversation; and Archie sat upon the other side, not heeding him, brooding over his wrongs and errors.
But so soon as the servant was gone, he broke forth again at once. “Who told my father? Who dared to tell him? Could it have been you?”
“No, it was not me,” said the Judge; “although — to be quite frank with you, and after I had seen and warned you — it might have been me — I believe it was Glenkindie.”
“That shrimp!” cried Archie.
“As you say, that shrimp,” returned my lord; “although really it is scarce a fitting mode of expression for one of the senators of the College of Justice. We were hearing the parties in a long, crucial case, before the fifteen; Creech was moving at some length for an infeftment; when I saw Glenkindie lean forward to Hermiston with his hand over his mouth and make him a secret communication. No one could have guessed its nature from your father: from Glenkindie, yes, his malice sparked out of him a little grossly. But your father, no. A man of granite. The next moment he pounced upon Creech. ‘Mr. Creech,’ says he, ‘I’ll take a look of that sasine,’ and for thirty minutes after,” said Glenalmond, with a smile, “Messrs. Creech and Co. were fighting a pretty up-hill battle, which resulted, I need hardly add, in their total rout. The case was dismissed. No, I doubt if ever I heard Hermiston better inspired. He was literally rejoicing in apicibus juris.”
Archie was able to endure no longer. He thrust his plate away and interrupted the deliberate and insignificant stream of talk. “Here,” he said, “I have made a fool of myself, if I have not made something worse. Do you judge between us — judge between a father and a son. I can speak to you; it is not like . . . I will tell you what I feel and what I mean to do; and you shall be the judge,” he repeated.
“I decline jurisdiction,” said Glenalmond, with extreme seriousness. “But, my dear boy, if it will do you any good to talk, and if it will interest you at all to hear what I may choose to say when I have heard you, I am quite at your command. Let an old man say it, for once, and not need to blush: I love you like a son.”
There came a sudden sharp sound in Archie’s throat. “Ay,” he cried, “and there it is! Love! Like a son! And how do you think I love my father?”
“Quietly, quietly,” says my lord.
“I will be very quiet,” replied Archie. “And I will be baldly frank. I do not love my father; I wonder sometimes if I do not hate him. There’s my shame; perhaps my sin; at least, and in the sight of God, not my fault. How was I to love him? He has never spoken to me, never smiled upon me; I do not think he ever touched me. You know the way he talks? You do not talk so, yet you can sit and hear him without shuddering, and I cannot. My soul is sick when he begins with it; I could smite him in the mouth. And all that’s nothing. I was at the trial of this Jopp. You were not there, but you must have heard him often; the man’s notorious for it, for being — look at my position! he’s my father and this is how I have to speak of him — notorious for being a brute and cruel and a coward. Lord Glenalmond, I give you my word, when I came out of that Court, I longed to die — the shame of it was beyond my strength: but I — I—” he rose from his seat and began to pace the room in a disorder. “Well, who am I? A boy, who have never been tried, have never done anything except this twopenny impotent folly with my father. But I tell you, my lord, and I know myself, I am at least that kind of a man — or that kind of a boy, if you prefer it — that I could die in torments rather than that any one should suffer as that scoundrel suffered. Well, and what have I done? I see it now. I have made a fool of myself, as I said in the beginning; and I have gone back, and asked my father’s pardon, and placed myself wholly in his hands — and he has sent me to Hermiston,” with a wretched smile, “for life, I suppose — and what can I say? he strikes me as having done quite right, and let me off better than I had deserved.”
“My poor, dear boy!” observed Glenalmond. “My poor dear and, if you will allow me to say so, very foolish boy! You are only discovering where you are; to one of your temperament, or of mine, a painful discovery. The world was not made for us; it was made for ten hundred millions of men, all different from each other and from us; there’s no royal road there, we just have to sclamber and tumble. Don’t think that I am at all disposed to be surprised; don’t suppose that I ever think of blaming you; indeed I rather admire! But there fall to be offered one or two observations on the case which occur to me and which (if you will listen to them dispassionately) may be the means of inducing you to view the matter more calmly. First of all, I cannot acquit you of a good deal of what is called intolerance. You seem to have been very much offended because your father talks a little sculduddery after dinner, which it is perfectly licit for him to do, and which (although I am not very fond of it myself) appears to be entirely an affair of taste. Your father, I scarcely like to remind you, since it is so trite a commonplace, is older than yourself. At least, he is major and sui juris, and may please himself in the matter of his conversation. And, do you know, I wonder if he might not have as good an answer against you and me? We say we sometimes find him coarse, but I suspect he might retort that he finds us always dull. Perhaps a relevant exception.”
He beamed on Archie, but no smile could be elicited.
“And now,” proceeded the Judge, “for ‘Archibald on Capital Punishment.’ This is a very plausible academic opinion; of course I do not and I cannot hold it; but that’s not to say that many able and excellent persons have not done so in the past. Possibly, in the past also, I may have a little dipped myself in the same heresy. My third client, or possibly my fourth, was the means of a return in my opinions. I never saw the man I more believed in; I would have put my hand in the fire, I would have gone to the cross for him; and when it came to trial he was gradually pictured before me, by undeniable probation, in the light of so gross, so cold-blooded, and so black-hearted a villain, that I had a mind to have cast my brief upon the table. I was then boiling against the man with even a more tropical temperature than I had been boiling for him. But I said to myself: ‘No, you have taken up his case; and because you have changed your mind it must not be suffered to let drop. All that rich tide of eloquence that you prepared last night with so much enthusiasm is out of place, and yet you must not desert him, you must say something.’ So I said something, and I got him off. It made my reputation. But an experience of that kind is formative. A man must not bring his passions to the bar — or to the bench,” he added.
The story had slightly rekindled Archie’s interest. “I could never deny,” he began— “I mean I can conceive that some men would be better dead. But who are we to know all the springs of God’s unfortunate creatures? Who are we to trust ourselves where it seems that God Himself must
think twice before He treads, and to do it with delight? Yes, with delight. Tigris ut aspera.”
“Perhaps not a pleasant spectacle,” said Glenalmond. “And yet, do you know, I think somehow a great one.”
“I’ve had a long talk with him to-night,” said Archie.
“I was supposing so,” said Glenalmond.
“And he struck me — I cannot deny that he struck me as something very big,” pursued the son. “Yes, he is big. He never spoke about himself; only about me. I suppose I admired him. The dreadful part—”
“Suppose we did not talk about that,” interrupted Glenalmond. “You know it very well, it cannot in any way help that you should brood upon it, and I sometimes wonder whether you and I — who are a pair of sentimentalists — are quite good judges of plain men.”
“How do you mean?” asked Archie.
“Fair judges, mean,” replied Glenalmond. “Can we be just to them? Do we not ask too much? There was a word of yours just now that impressed me a little when you asked me who we were to know all the springs of God’s unfortunate creatures. You applied that, as I understood, to capital cases only. But does it — I ask myself — does it not apply all through? Is it any less difficult to judge of a good man or of a half-good man, than of the worst criminal at the bar? And may not each have relevant excuses?”
“Ah, but we do not talk of punishing the good,” cried Archie.
“No, we do not talk of it,” said Glenalmond. “But I think we do it. Your father, for instance.”
“You think I have punished him?” cried Archie.
Lord Glenalmond bowed his head.
“I think I have,” said Archie. “And the worst is, I think he feels it! How much, who can tell, with such a being? But I think he does.”
“And I am sure of it,” said Glenalmond.
“Has he spoken to you, then?” cried Archie.
“O no,” replied the judge.
“I tell you honestly,” said Archie, “I want to make it up to him. I will go, I have already pledged myself to go to Hermiston. That was to him. And now I pledge myself to you, in the sight of God, that I will close my mouth on capital punishment and all other subjects where our views may clash, for — how long shall I say? when shall I have sense enough? — ten years. Is that well?”
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