Stephanie Barron - Jane and the Unpleasantness at Scargrave Manor

And now I must see to my wardrobe, for assuredly I possess nothing grand enough for the witness-bar of the Royal Gallery. And what am I to say? Only the truth , Sir William told me this morning, as he stepped into his carriage — but what he believes to be true, and what I know to be false, are one and the same.

9 January 1803

HOWEVER UNFORTUNATE THE CIRCUMSTANCES, I MAY justly say that the display of British might that is the House of Lords, fully assembled for trial — a thing that happens not above once in a generation — has not its equal for solemnity and grandeur. The youngest barons proceeded first, and the august file closed with the most ancient of dukes, all shepherded by heralds and the Garter at Arms — two hundred-odd men, arrayed in robes that signified their ranks in the peerage, filing two by two into benches ranged on either side of the Royal Gallery's Bar. On the high dais sat a chair meant for the Lord High Steward.

Below it were the seats reserved for peeresses; here should Isobel have sat, had fortune been kinder. These gave way to Mr. Cranley and Sir William's place, and then to the witnesses’ seats, in one of which I found myself. Lizzy Scratch was to my right, looking well-scrubbed and defiantly in her element, despite the incongruity of her position; I feared her spirits should take a theatrical turn, once called before the Bar. Dr. Philip Pettigrew sat to my left, and beside him the cherubic scholar of Cambridge, Dr. Percival Grant.

Madame Delahoussaye and her daughter were lodged above, in the spectators’ gallery; the briefest of glances revealed their seats to my indifferent eye. Miss Fanny had adopted the dubious mystery of a quantity of black silk veiling about her blond curls; it was sheer enough to disclose a flash of blue eyes and white teeth, while enshrouding her in all the discretion her interesting circumstances demanded. I knew her to be wishing for a greater part in the drama — or a wider stage, at least, for the parading of her costume; and would gladly have exchanged my place for hers.

A solemn bell tolled the hour; all rose; and a Proclamation of Silence was issued by the Serjeant at Arms. The Clerk of the Crown then knelt to present the Commission under the Great Seal to the Lord High Steward, who returned it to him; at which point the Clerk read its substance aloud, at interminable length, and we were treated to a declaration of “God Save the King!”

We must then endure the Certiorari and Return, a summary of the House of Lords’ authority to preside over the case, with each and every peer a judge of fact and of law; much precedent was stated for their office, and many mouldy precepts of common law dredged before the assembly; but at last, when I had almost despaired of my sanity, we were informed of the decision of the Assizes to try Fitzroy Payne and the Countess for murder.

“The Jurors for our Lord the King upon their oaths present that the most noble lady Isobel Amelie Collins Payne, Countess of Scargrave, a peeress of the realm, on the twelfth day of December in the year of our Lord one thousand eight hundred and two, in the Parish of Scargrave, did kill and murder Frederick William Payne, seventh Earl of Scargrave. We further find that the most noble Fitzroy Gerald Payne, Viscount Payne, Earl of Scargrave, a peer of the realm, on the twenty-fourth day of December in the year of our Lord one thousand eight hundred and two, in the Parish of Scargrave, did kill and murder one Marguerite Dumas, maidservant, native of the Barbadoes.”

At that point, following the proclamation by the Serjeant at Arms, the Gentleman Usher of the Black Rod brought in first the Countess, and then the Earl, and escorted them severally to the Bar, where they knelt until the Lord High Steward allowed them to rise.

Isobel's face was pale, and her once-lovely eyes had lost their lustre; some of the dirt and stench of Newgate had been washed from her person, but the freshness of her twenty-two years was yet overlaid with a haggard-ness that bespoke great turmoil of mind. The marks of her ordeal could not disguise her beauty, though they added something of romantic interest to her aspect. I had learned, upon my arrival that day, that her conveyance from Newgate was stoned by a mob, and that she was jeered as murderess and whore; the public had passed swift sentence upon my friend, without benefit of a hearing.

Lord Scargrave retained his accustomed command of countenance, evidencing only a deeper gravity in the tightness of his jaw and the unwavering aspect of his gaze. He was led with Isobel to stools placed within the Bar; where the pair should be confined for the duration of the proceedings, and the charges against them were read. The Clerk of the Parliaments then arraigned them, and asked whether they were Guilty or Not Guilty, to which they severally replied, Not Guilty — Isobel in the merest whisper, her hand to her throat, while Fitzroy Payne's voice rang through the chamber. His glance was haughty, his silver head held high; and though, from knowing him a little, I judged this the result of a struggle for composure, I well knew how it should be judged. Proud and cold , he would be proclaimed; and his very effort at self-control play against him.

Sir William Reynolds now rose, and the weight of my duty fell full upon me at the sight of his benign old face. He was a friend, and she was a friend; and between them they had made a mockery of my better feeling.

The magistrate looked very fine, indeed, in a dark grey tail coat of excellent wool, arrayed with a double row of gold buttons; and at his neck, the highest of white cravats I had ever seen — the collar tips reaching nearly to his ears. Thrown over all was a black silk robe; the awful weight of the Law he bore upon his aged countenance; and his bewigged head might almost be that of Jehovah, come to divide the guilty from the innocent. I quailed when his hard brown eyes fell upon myself, though I fancied they softened at the sight of my pale face; and understood of a sudden why the name Sir William Reynolds was everywhere greeted with trepidation and respect, among his adversaries at the Bar.

Sir William was prohibited from calling Isobel as a witness; and the only other persons capable of asserting that she had been alone with her husband on the evening of his death were themselves dead. On this point, the magistrate could merely expostulate to the assembled lords, having permission to read the relevant testimony from the written record of the inquest. That only the Countess had survived the night, he said, should make his case. He then called Dr. Pettigrew.

The poor young man was sworn; stated his true name and place of birth, and was duly noted to be a physician who had attended the seventh Earl some three years, and at his death bed. Dr. Pettigrew gave his evidence much as he had at the inquest, and was allowed to stand down; at which point he was followed by Dr. Percival Grant, who testified that the seeds shown to the assembled peers by Sir William were indeed Barbadoes nuts, a toxic poison commonly used as a physick and purgative by the natives of Isobel's birthplace. It was then that I was called.

My legs were as water, and the trembling of my hands so severe, that I fear I appeared to wave to the assembly as I held my left palm high and swore to tell the truth, so help me God. Whenever I am forced to speak or perform in public — at the pianoforte, in particular — my cheeks and throat are overcome with a brilliant rash; I had worn my high-necked gown of deep brown wool on purpose, but must declare it to have failed in its office. Sir William, when he spoke, meant to be kind; I could hear it in the tone of his voice, and cursed him mentally. From his careful speech, the lords who should pass judgement upon Isobel and Fitzroy Payne would surely think me a ninny — and dismiss the worth of any evidence I might give to Mr. Cranley on the morrow.