Day dawned at length into the dark and lonely prison of the Earl of Beverley--the bright warm day, clear and beautiful, and rosy with the hue of the rising sun. A long ray of light streamed through the high window and painted the opposite wall; then slowly descending, as the orb rose higher in the heaven, rested on the graceful figure and the rich curling hair of the captive, as he still sat at the table, but fast asleep with his head now bent down on his folded arms. The quiet sunshine did not wake him, for he had watched, with anxious thoughts for his only companions, through the greater part of the night; and not till about an hour before morning had slumber fallen upon him. But he was not destined long to know repose; for shortly after dawn a voice was heard in the room, saying, "Is there any one below?"

The sound but not the sense caught his ear; and starting up he gazed round the room. All was vacant, however, and he thought he had been dreaming, when suddenly the question was repeated--

"Is there any one below?"

It seemed to come from the chimney; and approaching, he replied aloud--

"Yes! Who speaks?"

"Who are you? what is your name?" demanded the voice; but, though the tones seemed not unfamiliar to Lord Beverley's ear, he could not of course venture to give his real name to a person he did not see; and he replied--

"That is nothing to any one. Who is he that talks to me?"

"My name is Ashburnham," replied the person, who seemed speaking from some room above; "a prisoner like yourself, if you be one."

"I am, indeed, Ashburnham," answered the earl. "I will not utter my name, lest there should be other ears listening; but I am he whom you joined going to France, and who was taken with you."

"Bad luck indeed!" said Colonel Ashburnham. "Hotham has lied, then, for he told me you were gone."

"He spoke truth there," answered the earl; "but, as ill fortune would have it, I returned last night on business and was arrested by his son, who tore my pass, and vows he will try me as a spy."

"Ay, a curse fall upon him!" cried the other voice. "He respects no rules of honour or courtesy, and, since his father fell ill, has put me in close confinement. If Hotham could know, he would treat you vetter; but I cannot help you, for I am locked in here."

"Hush!" cried the earl; "here are steps coming."

The next moment the key was turned in the lock, the bar taken down, and two soldiers appeared. In a dull and indifferent tone, as if he were bidding the prisoner come to the morning meal, one of the men told Lord Beverley to follow to the colonel's council; and obeying, with very little hope that anything he could say would change the stern purpose of the parliamentary officer, the earl was led along the passage to what seemed a dining-hall on the same floor, in which he found Colonel Hotham seated at a table, with four inferior officers round him. Two wore the garb of the train-bands, the others seemed strangers to the city; for when the prisoners entered they were asking some questions concerning the fortifications. His appearance, however, instantly drew their eyes upon himself; and, walking with a firm step to the end of the table, he gazed calmly over them, scanning the countenance of each of those who seemed assembled to judge him, not at all abashed by the somewhat fierce stare with which one or two of them regarded him.

Colonel Hotham had in general chosen his men well. The two Londoners he had long known as very unscrupulous and fiery zealots in the cause of the parliament; and Captain Marden, one of the officers of the train-bands, whom he had called to his aid, had made himself somewhat remarkable on several occasions by his gloomy fierceness of disposition. He had commanded the party by whom the two unfortunate men mentioned by Falgate had been put to death, and he had seemed only the more morose and dogged after the horrid scene in which he had borne a part. The fourth officer was known as a religious enthusiast, a preacher in one of the conventicles of the city, and, as was generally supposed, as wild and unsparing as the rest, so that Colonel Hotham entertained no doubt that his purposes towards the prisoner would receive the sanction of these men's authority, without scruple or hesitation on their part.

After pausing for a moment, while the earl stood at the end of the table as we have described, the parliamentary commander demanded, in a sharp tone--

"What is your name?"

"Not knowing that you have any authority to ask it," replied the earl, with perfect calmness, "I shall, most undoubtedly, refuse to answer."

"That will serve you little, sir," said one of the men from London; "for if you do refuse, the court will proceed to try you without further ceremony."

"What court?" demanded the earl. "I see five persons sitting round a table, but no court."

"This, sir, is a summary court-martial," replied Colonel Hotham, "called to try a person accused of entering a garrisoned town as a spy."

"With a pass from the governor?" added Lord Beverley.

"But that pass, we have every reason to believe," replied Colonel Hotham, "was obtained by a false representation of your name and quality, and as such was invalid."

"That point will be easily established," replied the earl, "by calling the governor himself. I maintain that he gave it to me with full knowledge of my person; and I therefore require that he be called, to testify as to the the validity of the pass which you, sir, most dishonourably and dishonestly tore to pieces last night."

"The governor is too ill, sir, to give his evidence," said one of the officers from London.

"If, gentlemen, your purpose is to commit a cold, deliberate murder," said the earl, "you may do it without all this ceremony. I am in your hands, have no power to resist you, and no means of obtaining justice; but I will not further your views by recognising this as a court, which is in fact none at all. If Sir John Hotham is too ill to attend, delay the inquiry till he is better. I stand upon the safe-conduct which I received from him; and if you violate it you are murderers, and not men of honour."

"Had he a pass?" demanded the preacher officer of the train-bands, turning gloomily to Colonel Hotham.

"He had, but under a feigned name," replied Hotham.

"What proof have you?" demanded the enthusiast. "Remember, sir, 'whoso sheddeth man's blood, by man shall his blood be shed!' If you bring not your father to testify, how can we know that this safe-conduct was wrongly obtained?"

Colonel Hotham's cheek turned red, for he loved not such opposition; and he paused for a moment ere he replied, feeling that he was angry, and fearing that he might commit himself.

"I think," he answered at length, in a tone so soft that it betrayed the struggle to keep down his passion--"I think that we can prove that it was obtained under a false name by other witnesses, without disturbing my father, which might be dangerous;" and then, turning to the two guards who remained at the door, he said, "Where is the other prisoner? Let him be brought in. Has the other man been summoned, who is said to know something of these persons?"

"Yes, colonel," replied the man to whom he spoke; "they are both without there--one in one room, and the other in another."

"Bring in the prisoner first," said Colonel Hotham; "we will confront them together, gentlemen."

A pause ensued for the space of about two minutes, during which no one spoke except one of the officers of the train-bands, who said a few words to the other in a low voice, and then the door opened; and turning round his head, the earl, as he had apprehended, beheld the renowned Captain Barecolt marched in amongst some soldiers. As it was not the first time that the worthy officer had found himself in such an unpleasant position, he showed himself very little disturbed by his situation, and walked up to the end of the table with a bold countenance, smoothing down his moustaches, and drawing his beard to a point between his fingers, as if he had not had time to complete his toilet are he was brought from the inn.

The cool self-sufficiency of his air seemed to move the wrath of Colonel Hotham, who instantly addressed him, saying--

"What is your name, fellow?"

"I be not your fellow, sair," replied Barecolt, boldly, "and am not so call. My name vere Captain Jersval, for your service, gentlemen."

"And now speak out, and speak the truth," continued the colonel, while Barecolt bowed ceremoniously round the table; "leave your mumming, sir, and answer. Who is this person, with whom you entered the town yesterday evening? Answer truly, for your life depends upon it."

"Begar, it vere one very difficult thing for me to tell," replied Barecolt in the same unconcerned tone. "First, sair, it cannot alvay be easy to tell who one be oneself; and much more uneasy to tell who de oder man be."

"What does the fool mean?" demanded one of the Roundhead officers; "not always easy to tell who you are yourself! What do you mean, man?"

"Vhy, sair," replied Barecolt, with an agreeable laugh, "one day, not so very long time ago, I met vid one saucy man who to my face--to my very beard, sair--swear I vas one oder man but myself. He swear I vere not Jersval, but Barecole--one Capitaine Barecole, a very great man in dese parts--a famous man, I hear."

"Cease this foolery, sir," cried Colonel Hotham, "and answer my question directly, or prepare to walk out to the water-gate and receive a volley. Who is the person, I say, now standing beside you?"

"Pardi! how de devil should I know?" rejoined Barecolt, with some heat of manner; "I have seen him twice, dat is all; once aboard de sheep vere he was very seek, and once I meet him just half-a-league out of de gate. Ve vere chase hard by a party of vat you call Cavalier malignant, and ride togeder for our lifes."

"That is true, for I saw them," said one of the officers of the train-bands.

"And do you pretend to say you do not know his name?" demanded Colonel Hotham, gazing with the fierceness of disappointment upon the worthy Captain's face.

"Oh, I tink I heard his name on board de sheep," answered Barecolt; "but I cannot be too sure. Let me see. It vas de Colonel de Mery: vas it not dat you told me, sair?" and he turned to the earl with a low bow.

"I answer no questions here, sir," replied Lord Beverley. "This is no lawful court, and the people are not seeking justice, but a pretext for murder."

"Ah! murder--dat be very bad;" cried Captain Barecolt, with a shrug of his shoulders; "men may kill one de oder in fair fight very vell, but murder be very bad indeed! Perhaps dey murder me too!"

"Very likely," answered the earl, drily; but Colonel Hotham exclaimed, "Silence! I have given you an opportunity, sir, of saving your life by telling plainly who this man is. You would not take it, and now we shall soon see who you are yourself. Bring in that Mr. Dry."

Captain Barecolt's countenance fell, for he had remarked the room-door of Mr. Dry open on the preceding night, as he walked somewhat late to bed; and, though he had not been aware at the time that the worthy master of Longsoaken was awake and watching, he doubted not now that his own arrest was owing to that gentleman's good offices. He prepared for the worst, however, and determined to adhere stoutly to his story, thanking his stars that he had alluded to his recontre with Cornet Stumpborough, before Mr. Dry was called.

He was not long kept in suspense, however; for not more than half-a-minute elapsed before Mr. Dry, of Longsoaken, entered the room, with his face very pale and his nose very blue, as if recovering from a severe illness; and taking his place at a convenient distance from the renowned captain, replied at once to Colonel Hotham's first question--

"That, worshipful sir?--that is one Captain Barecolt, a notorious malignant, now actually in arms against the authority of the two houses."

"Oh, I tell you so!" cried Barecolt, with a well-feigned look of impatience; "Capitaine Barecole again! Cuss Capitaine Barecole! Now he swear me black in de face dat I vere Capitaine Barecole just as de oder did."

"I will swear, to be sure," replied Mr. Dry; "for, as I have a conscience and a soul to be saved, you are the man. We all know you are very cunning, Captain Barecolt; but if you can cheat in other matters, you cannot cheat in this. I know you well enough, after having been carried along as a captive in bonds, by you and other Amorites like you, for several mortal days."

"What he mean by Amorite?" asked Barecolt, with a look of ignorance; but Colonel Hotham interposed, saying--

"That will do, sir; stand down! You shall hear more as soon as you could wish. Now, worshipful Master Dry, be so good as to look well at that other person, and say if you have seen him before."

Mr. Dry did as he was directed, but the appearance of the earl puzzled him more; for, though the beauty of his features was remarkable, yet, even to those who had seen him often, the black dye with which he had tinged his hair and beard made so great a change that it would have been difficult to recognise him.

"Yes," said the master of Longsoaken, at length--"yes, I am very sure I have seen him before, though I think his hair was of a different colour then. I met him as he was riding up to the house of the malignant Lord Walton, at Bishop's Merton. He staid there all night, I heard, on the day when the house took fire. I am quite sure it is the same, though, his hair is dyed."

"It is," replied Colonel Hotham, in a stern and determined tone, "and I will tell you who he is, gentlemen; for, though he thinks I do not know him, yet I do. I was fool not to recognise him at first. This, sirs, is the noble Earl of Beverley, who has now come into this garrison of Hull as a spy, and deserves death by all the laws of war."

"It is false, sir!" answered the earl, gazing on him fixedly. "Whoever I am, I came not here as a spy."

"Do you mean to deny your name, my lord?" demanded Colonel Hotham.

"I mean to answer no questions, sir," said the earl, "but merely to give you the lie in your teeth, when you assert a falsehood. I stand upon your father's safe-conduct, and call him to witness that he gave it to me."

"The pass I tore was not in favour of the Earl of Beverley," replied the officer; "and that you are he will soon be proved, though I thought fit to call upon these men first. Ask Colonel Jackson to step hither," he continued, speaking to the guard, "and the two other gentlemen in the red room."

The name he mentioned was familiar to the ear of Lord Beverley, who remembered that Colonel Jackson was in the hall where he had had his first interview with Sir John Hotham, but, owing to the disguise which he had assumed, had not recognised him on that occasion. He could little hope, however, that the parliamentary officer would fail to do so now, when his attention was particularly drawn to the examination, and the matter was but too soon decided. Three gentlemen were one by one introduced into the room, and told to examine the earl and state who he was; and each, though with apparent reluctance, pronounced the words, "Lord Beverley."

"The case is clear, gentlemen," said Colonel Hotham. "The Earl of Beverley, under a feigned name and with an invalid pass, has introduced himself into this garrison. It is for you to say, whether, under these circumstances, he is or is not a spy, and subject to the invariable law of such cases."

"Remembering always," rejoined the earl, "that you have no proof that the safe-conduct was invalid, Colonel Hotham having torn it, so that it has never been beneath your eyes; and not forgetting that, even supposing this to be a lawfully-constituted court-martial--which I deny, he having no authority to summon one--he has refused to call the only witness I judged necessary to my defence."

He spoke calmly and firmly, with his cheek perhaps a shade paler than it usually was, but with no other visible sign of emotion, while the countenance of Colonel Hotham, on whom his eyes were fixed, worked with many mingled passions which resisted control.

"This is all vain and foolish!" cried the latter; "I will tell the earl that I have authority, which I should not scruple to exercise, to put him to death at once, but that I have thought it better to give him the chance of this investigation."

"Young man," said the military preacher, addressing Hotham in a solemn tone, "if you give a man in bonds a chance, it should be a fair one. Such has not been afforded the prisoner. Why did you tear the paper? Why do you now refuse to confront him with the witness he calls?--and if that witness be too ill, why not wait till he be well, as he requires? Why not, if not to doom him to death at your pleasure? I will go no farther in this--I wash my hands of this blood."

"Well, then, we will put it to the vote," cried Colonel Hotham, fiercely; "and look to yourself, Captain Marsh. He that puts his hand to the plough must not turn back. Look to yourself, I say."

"I will," replied the old officer of the train-bands, "and I am not to be frightened from a righteous course by loud words or frowning brows. I fear not what man can do unto me."

"Pshaw!" cried Colonel Hotham, turning away. "Your verdict, sir, upon these two men--guilty or not guilty?"

"Guilty," said the Londoner to whom he spoke, without a moment's pause.

"Guilty," said the other, on the colonel's left, answering a mere look.

"I doubt," replied Captain Marden of the train-bands, when Hotham turned to him.

"But I do not," rejoined that officer; "and I say guilty too--so there are three voices against two. They are condemned. Take them hence to the water-gate, call out a file of men, and the rest--as yesterday. I spare you the rope, Lord Beverley, in consideration of your rank. You shall die as a soldier."

"And you as a murderer!" shouted Barecolt, rushing towards him so suddenly, that he caught him by the throat with both hands before any one could interpose.

The two parliamentary officers drew their swords; the guards were rushing up from the door; but, under the strong pressure of Captain Barecolt's fingers, Colonel Hotham was turning black in the face, and might have been strangled before he could have been delivered, when suddenly a voice was heard exclaiming, "Halt! Not a man stir! Guard the door!" and all was silence.

Captain Barecolt slightly relaxed his grasp, the parliamentary officers drew back, and Sir John Hotham, with an excited and angry countenance, and evidently in great pain, walked up the room and took his place at the head of the table.

"What is all this?" he demanded. "Unloose my son, sir! What is the meaning of this, Colonel Hotham?"

"Pardi! I will unloose him, now you be come, gouverneur," replied Barecolt, taking away his hands and drawing back; "but, begar, if you had not come, he be strangle!"

Colonel Hotham sank in a chair, gasping for breath, and one of the officers from London took upon him to reply: "This is a court-martial, Sir John, summoned to try----"

"And by whose authority?" demanded the governor, fiercely; "who dares to summon a court-martial in Hull but myself?"

"But you were ill, sir," replied the officer, "and Colonel Hotham judged it expedient to summon us."

"He did! did he?" cried the governor. "Colonel Hotham, give up your sword. You are under arrest. Remove him, wards; take him away! This is no court--all its proceedings are illegal, and shall so be dealt with. Gentlemen, you are dismissed. Away! We have had too much of you."

Some of those present were inclined to remonstrate; but the old man who alone had interfered in behalf of the earl said aloud, "You are quite right, Sir John. The court and all its proceedings were illegal and iniquitous."

Colonel Hotham, too, strove to make himself heard; but the governor exclaimed, in a loud and angry tone, "Away! have I not said it? Guards, clear the room, and take that young man away. Place a sentry at his chamber-door; he is under arrest."

Sir John Hotham had not come alone, for the further end of the hall displayed a considerable party of the train-bands; and, muttering some very unpleasant observations on his father's conduct, Colonel Hotham was removed, while the rest of the body whom he had chosen to constitute a court-martial retired slowly and sheepishly, leaving the governor with two prisoners, Mr. Dry, of Longsoaken, and a party of the guard.