his colleagues.
"Being a soldier thyself," he replied, fastening his eyes sternly on the face of the prisoner, "thou art bound to know that it becomes not one in the ranks to prattle."
Joy made no answer, but returned a cool and unabashed look to the gaze of the other.
"If the witnesses have been called, let them appear," said the President.
Two men, of a rather moan appearance, now stepped forward; an oath by the uplifted hand was administered, and one commenced his testimony.
The substance of his story was, that Joy, on a certain occasion, and, at a certain place, in his presence and hearing, had declared, with a profane exclamation, that there were men in the colony, wiser, and more learned, than either the magistrates or ministers; and that, between them both, what with their long prayers and intermeddling in every body's affairs, they were like to ruin the plantation.
Upon the conclusion of the testimony, the witness was sharply cross-questioned by Governor Winthrop, and some inquires were made by various Assistants, but nothing further was elicited. As for Joy, he disdained to ask a question, declaring that his accuser, Timpson, had already been in the stocks for leasing; and, besides, had been cudgelled by himself for stealing.
Hezekiah Timpson, a villainous, lean, crop-haired fellow, with a hang-dog look, and sanctimonious air, upon hearing himself charged with delinquencies, which were notorious to the whole Court, raised to heaven his eyes, which, until now, he had kept fastened on the floor, and, sighing deeply, exclaimed:
"I do confess my iniquities and my sins are ever before me. Verily, was I thus given over to Satan to be buffeted but by free-grace have I been snatched, as a brand from the burning, even as I yet hope to see thee, Philip."
"Canting rogue, I want none of thy hopes, good or bad," said Joy.
"Cease thy reviling," cried Dudley, starting from his seat. "What! are we to sit here to listen to malapert railings against men of godly life and conversation?" he added, addressing himself to Winthrop. But before the Governor could reply, one of the Assistants interposed.
"Let the poor man unbosom himself freely," he said, "that the whole truth may come to light."
"Our worshipful brother Spikeman," answered the Deputy Governor, with a sneer, (which he did not attempt to suppress,) "was not always ready to allow such free-speech, as witness the case of Martin Wrexham, banished for speaking to his disparagement."
"I trust that I shall be able to give the worshipful Deputy Governor such reasons for my conduct, as will satisfy him," said Spikeman.
Dudley threw himself back into his chair, as if not half satisfied; and Winthrop, who had calmly listened to the colloquy, took advantage of the pause that ensued, to direct the other witness to testify.
From the examination, it appeared that he had been present at the conversation referred to by Timpson, that, indeed, it was between Joy and himself, and that the former had not been aware of the presence of the informer, until on turning round, when Timpson was standing at his elbow. He recollected nothing said by Joy about the ministers, except that he had, any day, rather listen to one of Corporal Joly's songs, than Mr. Cotton's long sermons; nor respecting the magistrates, but that there were better judges in England.
The testimony being concluded, the prisoner was asked what he had to say for himself, to which he replied:
"Only that Hezekiah Timpson was an eves-dropping, lying villain, and that the other witness had told the truth. He meant no harm by anything he had said."
"Dost think it advisable to retract anything?" inquired Spikeman.
"I know not why I should deny the truth," answered Joy.
"Remand the prisoner, and clear the court-room," cried the President; and Joy was accordingly led out, followed by the spectators.
As soon as the members of the Court were left to themselves, Winthrop began to collect the opinions of the Assistants, commencing with the youngest, who were placed most remote from him. At first, a considerable diversity of sentiment prevailed, several seeming disposed to discredit Timpson, and to acquit Joy. They pronounced their opinions shortly and pithily, giving their reasons in a few words, until it came to Spikeman's turn, who spoke more at length.
"The vice," he said, "of backbiting godly ministers, and maligning magistrates, had risen, in consequence of the mistaken leniency of the Court, to an alarming height, so as to threaten the very foundations of their government. There was not a Satan-instigated railing Rabsheka, who did not now have his daily fling at the servants of the Lord, engaged in much tribulation in planting his vineyard, and there were many saints who were already calling out, O Lord, how long! They had themselves just been witnesses of the audacity, wherewith, in the very presence of the right worshipful
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