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Authors: Russell Banks

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Woman: I am, my Lord, but stepmother to them, having not been married to him yet two full years when he was first arrested. Indeed, I was with child when my husband was first apprehended, but being young and unaccustomed to such things then, I was smayed at the news and fell into labor and so continued for eight days, then was delivered, but my child died.

Whereat Judge Hale, looking very soberly on the matter, said, Alas, poor woman!

But Judge Bester declared that she made poverty and pain her cloak and its lining.

Here the woman fell to weeping, albeit in silence, for while she had up to now endured great woe and tribulation, this attack upon her very integrity, coming as it did from such a height and, as it seemed to her then and to me now, with no other cause than that of idle malice, came with a heaviness all out of proportion to its mass, as if it were a chain cast from lead and placed around her narrow shoulders solely to bear her down.

When she had left this place called the Lion's Chamber and had brought herself directly to my cell and had recounted to me the details of her several interviews with these mighty persons, I saw that it would be this way with me now for my life time, unless I could contrive to get my name placed upon the calendar for the quarter-sessions of the meeting of the court and thus could come to trial and either be found innocent, and freed in that way, or else be convicted, and thence freed by the power of the general amnesty associated with the solstice. While my wife wept in despair, for she had at last given up the fight for my freedom, I negotiated with my jailor, who, at my direction, had determined to obtain the calendar for the quarter-sessions of the meeting of the court and place my name thereon, thus compelling the justices to hear my case, for, with my name upon that calendar, they would have no choice but to call me to come forward. I allowed myself the pleasure of admiring the symmetry between their claim that my confession and judgement were already recorded and my own new claim that my name was recorded upon the calendar. Their foolish worship of the record would compel them to proceed in a manner that they had earlier deemed undesirable if not wholly repellent.

My jailor, John Bethel, here proved his devotion to my cause, as well as to my method, for he went out from me and under the cover of darkness stole into the courthouse where the records were kept and added my name to the calendar, so that the fol
lowing day, when he was instructed by an officer of the court to deliver the various named prisoners who were to be tried that day, he was able to come to my cell and bring me forth. As I passed him in the hallway, I whispered unto him that he would soon have the coffin he required, and together, I and seven other prisoners, under the careful guard of my brother John Bethel and his two assistants, came to the courthouse, there to present ourselves for trial.

I was not at first noticed standing among the others in the docket, but before long one of the justices, Judge Bester, saw me there and signalled in whispers to the other two judges that I was present, whereupon all three began to glare heatedly at me while they listened to the various cases being put before them. This glaring of theirs distracted them somewhat, for on several occasions they compelled the prisoner before them to repeat his testimony of defense, and in all seven cases they were able to agree unanimously on the guilt of the prisoner before them, even without the usual discussion amongst themselves, so as to hurry toward the calling out of my name. This calling duly came, whereupon Judge Bester reddened with fury and with a roar charged that I had somehow contrived to alter the calendar and that he would see me punished horribly for such a crime. Judge Hale, more calmly than his brother judge but in a rage none the less, called my jailor forth and put to him these questions:

Hale: John Bethel, you were posted throughout the night in your office at the prison, were you not?

Jailor: It is my duty, Sir.

Hale: Did this man pass you or was he in any way absent from his cell during the night?

Jailor: No, Sir, he did not and he was not.

Hale: How, then, do you think he altered the calendar?

Jailor: I am but a jailor, Sir, and thus I have no thoughts on the matter. Since, however, it was recorded that he was to be brought to trial here today, I did not know what else to do with
him but to bring him straightway here so that you might try him. To delay or otherwise obstruct his being tried, Sir, would be to foul the law and the numerous statutes of procedure.

Bester (interrupting): The calendar has been secretly altered! Hang him for it! We shall try him, oh, we shall try him indeed, but we shall try him for altering the calendar! (He was at this point too vexed to continue speaking and began to sound as if he were chewing upon a piece of cloth, and he left off trying to speak and instead turned away and faced the back of the courtroom in a fume.)

Hale: Have you (meaning me) anything to say for your defense?

Self: With what, Sir, am I charged?

Hale: With having altered the calendar.

Self: I have not been properly indicted for that crime, Sir. I have been indicted only for the crime of heresy, to which I have not confessed, and therefore I do not believe I can be tried for the crime of altering the calendar.

This threw the three justices into a deep uproar, and the numerous observers and gentry attending the scene broke into loud laughter and guffaws. For it was now clear to all that the justices had tangled themselves in the cords and folds of their own procedure and that all their combined anger could not disentangle them. It was also clear that they would, in spite of themselves, try me this day, for one crime if not for another, and probably for no better reason than that they were being driven to it by their anger.

Hale: If your name is on the calendar, then we shall indeed try you, Sir! And the crime for which we shall try you is that of having altered the court calendar! As for the crime of heresy, for which you have already been duly indicted and to which you have confessed, it is recorded that you were, by virtue of your recorded confession, condemned in absentia, that is to say, without public trial, and thus you shall still remain ineligible for the
pardon occasioned by the solstice, which applies only to those duly convicted at a public trial and now standing at prison. This new trial and the conviction that will doubtless follow shall bring with it the death penalty. And from that there shall be no pardon also! You, Sir, and all your followers, shall learn that the procedures of law exist to protect the rights of the law-abiding. They shall not be abused by those who, like yourself, wish to subvert and destroy justice! (Here he fell into a confused and angry tirade against tax evaders and other petty criminals, wandering in his words, it seemed to me, until at last he tailed off among mumbled phrases and uncompleted sentences.)

Then my brother, my jailor, came forward, and by his intelligence and courage and his love for me, made me crack with shame, for he had discerned what, in my pleasure at having discomfited the several justices, I had not discerned. He had seen that if I were to be tried for having altered the calendar, I would be swiftly convicted, for the justices, even the saintly Hale, were in such a temper as to find no one now before them innocent, and he had seen that they were ready to condemn a man to hard labor for life, if given the chance, for no greater crime than that of misspelling the name of the month. My brother had also seen what I had deliberately allowed myself to be blinded to: he had seen that they would hang me for the crime of altering the calendar. And therefore, he had determined, by virtue of his old life's values, that I would be far better off languishing for numberless years in a cold damp prison cell than hanging from yonder gallows tree. This meant that while he had been sufficiently converted to my teachings and example so as to be able to face death courageously himself, he was not sufficiently freed of his old life's courtship of itself to realize that I would be shamed and heartbroken by his taking my place at the gallows.

For these reasons, he came forward to the justices and declared that it had been he, John Bethel, who had altered the calendar so as to include my name upon it, and that if any man
were to be tried and convicted for the said crime, it must be he. Let this interview and this assertion stand as an indictment and confession, said John Bethel, and let the clerk of the court properly add my name and blot out the name of the coffinmaker, and let the trial proceed as ordered by the statutes of procedure.

I cried out in vain that he must not sacrifice himself for the living, that he must only sacrifice himself for the dead, as we have long been taught (
II Carol.
, iv, 34, 35), but it was too late. Judge Hale ordered the sergeant-at-arms to clap the jailor in irons and to present him in the docket, from which I myself was roughly removed. I saw the jailor's peaceful eyes as I was wrenched past him and he took my place, and I uttered these words: My brother, you shall have my own coffin. Though you are in error, you have earned the right to it, and I have not.

This was the most public event in the twelve years of my imprisonment that have so far transpired, and thus it was the most misunderstood and the most slandered. By this brief private account I have tried to make understanding possible and slander libelous. Also by this account have I tried to tender mercy to the beloved dead man, John Bethel, who in life was my jailor and who in death awaits me as a brother.

 

M
Y JAILOR WENT
forward unto the dead in my stead, and though there sometimes passed through my heart a swift blade of grief, and though I was often, on the occasion of dark and cold afternoons that first autumn of my imprisonment, lashed by regret and shame, I was able to obtain a measure of release from my guilt and comfort for my pain from my having been able to provide him with my own personal coffin for his journey unto the dead, and I was further released and comforted by the sure knowledge that, though he had taken my place among the dead, I was now taking his place among the living. I remembered the old teachings on death, how it must fall to every one of us, and whether it come sooner or later matters not, for time is valueless to the dead. Only the living can be tempted by time; the dead, by their nature, treasure it not at all.

It was during this early period of my imprisonment, when I had not yet obtained a coffin to replace the one I had transferred to my jailor, that I determined to atone for my rashness and stupidity in the matter concerning the alteration of the court calendar. I decided to atone for my life by resisting death. This meant that henceforth I would be compelled to avoid any confrontation that would risk my life. It also meant that I would no longer be
able to deny myself any sustenance, any food, rest or medication or other physical comfort that in whatsoever way contributed to the further resistance of death.

I did this, said I to my wife and several friends, all of whom were at first astonished by this change in my behavior, to honor the dead John Bethel and the manner of his dying. My beloved frail wife, who had not yet wholly absorbed the principles and the celestial hugeness of the design that undergirds and guides our faith, was at first inclined to give outward evidence of great pleasure at my determination to avoid all activities and practices that could lead me into a fatal encounter with death. She clasped me to her tender bosom when she first heard of my decision and amid much weeping and wild high laughter exclaimed that now our children would be saved, for, as she saw it, now their father would be saved. And to my surprise and disappointment, she let it out that she now expected me to recant and forswear, as I had been so many times encouraged as well by the justices to do, my life long practice of the making of coffins and the teaching of this skill and the meanings of the skill to others.

No, dear wife, I admonished her. That I will not permit myself to do. For I am now uniquely situated in life, by virtue of my imprisonment, so as to be able to sustain my life and in that way scourge myself for having sinned in the matter of altering the court calendar without, at the same time and by that means, having also to deny the worth and significance of my worship of the dead and my desire to join them. This my life of imprisonment is come to me now as a great opportunity to bless and show mercy to one among them, the man who was my jailor, John Bethel. I cannot, indeed, I must not, let that opportunity slide away. To do so would be to render a meaningful existence meaningless, would be to sow confusion among the brethren, would be to desert my children altogether, and in the end would be to place myself beyond deserving your wifely love, which even now, by my failure to have given you deep enough understanding of my
acts, seems to be withdrawing itself from me so as to attach itself back to its source, there to stagnate, a foul perversion of love and not at all the pure spring-like bubbling forth of love that you have carried to me up to now. Sit yourself down here by me in my cell, I said to her, so that I may begin to teach you from the ancient texts the meanings of our movements between life and death, and free me thereby to atone for my prideful oversight and the earlier inadequacy of my teaching, which, even as you exclaim and clasp me to you, reveals itself to us both in the painful form of your thrilled weeping at my new determination not to resist life.

And thereupon did I commence to instruct my young wife from the ancient texts and the myriad examples of death that have come down to us from olden times. And every day she came unto me, often in the company of a relation, to sit for hours and there to listen and reason together and exchange views, until such a time had passed as she did feel that she had fully penetrated my understanding and had taken it unto herself in such a form and thoroughness as to be able to convey it to our children, who, because of the corrupting nature of the prison, were not permitted to visit me during those years. (Later, when the two oldest grew large enough to pass as adults, they were to come unto me, and I will soon describe their visit.)

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