Page 39 of Lizzie’s Spirit

Elizabeth and Darcy discovered marriage to be very much to their liking.

Elizabeth found he exactly suited her disposition.

Her ease and liveliness compensated for his reserve, his outlook on life became less severe and rigorous, and from his judgement and knowledge of the world, she became less impetuous and more inclined to moderate her actions in consideration of her rank and position in society.

Each evening, on returning to their home, they would sit in the private parlour and talk of the day: she, about the orphanage and the women who came to her for counselling; he, about the cases being brought before the tribunals: the frivolous, the inculpatory, and the wretched.

She would take her guitar and play some light English and Scottish airs, her soft voice filling the room, calming him if he became agitated over the day’s proceedings.

Afterwards, having taken a light supper, they would retire to their chamber.

Darcy became adept at slipping Lizzie’s dress and petticoat off her shoulders, unlacing her stays, and removing her chemise.

But the undressing that gave him the most pleasure was rolling her stockings down over her knees, her calves, and sensual ankles.

Then, lying in each other’s arms, if their debate veered into argument, they would kiss, and all thoughts of disagreement would disappear into the cool night air of the town.

If there was no argument, their views in concordance, they would caress and, as was always the case, give pleasure to each other.

Thus Elizabeth knew some anxiety of mind when William, who hitherto was all that was amiable and gentle towards her, became short-tempered and unable to converse about seemingly commonplace things.

She knew she had little experience of men, and being a confidante to one was completely outside her realm.

While close to her father, theirs had been a familiarity of the mind and intellect, but not of temperament—her father’s was an odd mixture of quick parts, wry humour, reserve, and caprice.

She understood Mr. Darcy’s reserve, but not his temper nor the episodes of taciturn uncommunicativeness that frequently, and more so as time passed, came over him.

He enjoyed her singing of an evening, which allowed him to relax, shedding the worries that beset him. After, they would share the intimacy of the marriage bed. One night he seemed particularly troubled, his muscles stiff, his silence unnerving. They undressed and lay together on the bed.

“William, let me share your burdens,” said Elizabeth, pulling him to her.

In some desperation he entered her, seeking surcease from a torment of which she knew nothing. The coupling was uncomfortable, painful as he sought relief without first pleasuring her.

“William, please stop! You’re hurting me!” Tears welling in her eyes, Elizabeth looked to Darcy as would a cringing dog enduring cruelty from its beloved master.

Darcy flinched, his body immediately motionless. He wrapped his arms around her, holding her tightly to his chest.

“Oh, my Lizzie,” he sobbed. He clutched her to him, Elizabeth gently stroking his back.

Enough! I must discover what vexes William. Her fear that she was the source of his troubles, that he regretted their marriage, tore at her heart. But had not Lao Tzu said: There is no illusion greater than fear?

Lamenting and lying adrift in their bed would not assist them.

Elizabeth arose. “Come, sir, let us walk; there’s a full moon, and even though it’s mid-winter the night air is surprisingly mild.

” They both dressed. Darcy assisted Elizabeth into her pelisse, and donned his greatcoat.

They took their gloves and exited to the street.

Darcy told the constable who guarded their house to follow.

“Is the constable stationed here all night?” asked Elizabeth, surprised at seeing the man standing there.

“Of course,” replied Darcy, “I am judge-advocate—many fear and resent me, for I hold much authority over them. A lesser man in my position, should he be of resentful character, could accuse, try, and sentence any man—innocent or not—and none could gainsay him apart from, perchance, the governor who is the true autocrat of the colony.”

Elizabeth placed her hand in Darcy’s, which he pulled against the warmth of his coat.

While the temperature was mild, they felt a chill in the air with a slight breeze blowing from the southeast. They made their way down the hill to the Government Wharf.

Elizabeth had not realised how powerful a man her husband was.

Certainly, he stood below the governor in rank, but only he had the authority to convict and sentence those accused of felonies or other crimes, or decide reparation in civilian actions.

“William, you must tell me, honestly, for I cannot bear my incomprehension. If you regret our marriage, if there’s some deficiency in my behaviour, please speak of it.

I need not stay as matron or as midwife; the school is perchance merely an affectation.

You’re so distressed—if I am the cause, please say so.

My character is not resentful—I respect and admire you too much for me to continue as the source of your distress. If you wish me gone…”

Darcy stopped abruptly and stepped back.

He stared at Elizabeth, his voice shaking with disbelief.

“You believe I could reprove you, my dearest, sweetest Lizzie? Oh, what a fool I am, what a selfish, selfish fool! I, who think of myself as so sensible and intelligent, I’m as stupid as that boorish oaf, Mr. Collins! ”

“Elizabeth,” said Darcy, “this day I presided over the Court of Criminal Jurisdiction. I find myself very conflicted—I’m at once committing magistrate, public prosecutor, jury, judge, and must decide for myself the legality of the proceedings.

Ofttimes I question my judgement; but ‘tis mine alone to pass sentence and, too often, to determine the prisoner’s guilt or if a crime indeed has been committed. ”

Elizabeth moved to him; she took his hand in hers.

“Oh, William, but English law does not allow such: what is become of trial by jury? Surely a prosecutor should not be judge at the same trial? Had you known of such disregard of English justice—I believe you would never countenance it and stayed in England.”

“And not wed you!” Darcy kissed her hands; held them tightly to him. He stared across the cove, marshalling his thoughts.

“Nevertheless, you are correct. I came to New South Wales to escape the capriciousness of the application of equity in England, and now find I’m hoist by my own petard .

Blackstone has said that immediately settlers founded the colony, their invisible and inescapable cargo of English law fell from their shoulders and attached itself to the soil on which they stood .

” He walked towards the end of the wharf, shrouded in darkness.

“Yet he further stipulates that if the country is uninhabited, then such colonists carry with them only so much of the English law as is applicable to their new situation and the condition of the infant colony .”

Darcy turned back to Elizabeth. “You see my dilemma. We need merely look to the Eora peoples fishing in the cove to know that New Holland was inhabited. But, by King George’s commission, the fiction of terra nullius is not mine to dispose of.

What must be determined, though, is how much of English law to apply.

According to Governor Macquarie, such is my decision; and, as judge-advocate, mine alone!

“You could not know it, but today, for the first time, I pronounced a sentence of death.

I have long resisted imposing such, for the scriptures say: ‘ thou shalt not murder’ .

Is the gravity of his offence such as to justify his judicial killing?

Could there have been a lesser sentence?

The man was a recidivist, and his intent was to feloniously steal goods to the value of seven and forty pounds.

Under English law, theft of goods worth more than forty shillings from a dwelling house is a capital offence .

His sentence would have been lessened, or a recommendation of mercy, but the prisoner is, and acted, an unrepentant villain.

“My darling, Lizzie. I’m confounded—I hardly know whither to turn. I’m with Sir Samuel Romilly to abolish capital punishment, but I’ve sworn an oath to uphold English law. I’m no reformer, at least not here in the colony.”

They turned to walk along the beach, which was illuminated by the full moon and the flickering lights of an Eora campsite near Bennelong Point.

Elizabeth leant into his side and took in his worried countenance.

He’s so serious a man; there are few of such integrity who would stress so over the correct application of the law.

Most judges take their fees and look only to the next good dinner, ball, or other entertainment.

How she admired him for it, yet it would be her undoing unless he finds some resolution.

She feared that his, or her, well-being would not endure such torment were it to last to year’s end.

Elizabeth looked to the stars, which hung brilliant in the night sky. Unexpectedly, she laughed, covering her mouth with her hand .

“Dearest William, I do apologise for my levity. Did we not, when we agreed to wed, intend that your reserve and natural severity be somewhat ameliorated by my, dare I say it, my frivolity and impudent wit? You’re too severe with yourself!

” Beaming, she looked up to his face. Darcy was at a loss—her radiant expression was such as to turn night into day, but what had so brightened her demeanour?

“Don’t you understand?” She continued, “I thought your knowledge of Greek mythology was superior to mine: didn’t Zeus give Atlas the task of holding up the heavens? While no less onerous for one who isn’t a god, you’re carrying the weight of colonial law on your shoulders.”

“And what would you have me do?”

“We’re alike, sir, in that we feel deeply our responsibilities.

For me, ‘tis the orphanage, being a good midwife, and planning the school. Harshita admonished me when she saw my tears and despair at having failed to deliver a living child. ‘To attempt all alone’, she chided, ‘was foolhardy’. With her urging, I resolved to seek help. Of course, I couldn’t approach Mrs. Sims, midwife at the hospital, for she won’t wash her hands!

None of the women I knew in the regiment were so inclined.

"So I resolved to train up some of the older girls from the orphanage: Phoebe Norton, a good strong lass, and also Ann Reynolds. So now they accompany me whenever I visit a woman enceinte or the women visit me at the dispensary. Further, I’ve begun translating the book, the Brandenburg Midwife , from German to English for their instruction.

“Can you but see, William,” Elizabeth’s eyes glistened with tears of hope, “are there not magistrates who could sit with you and share your burdens? Yes, it would be your decision as to guilt and sentence, but it would not be made alone: Iucundum est narrare sua mala —A trouble shared is a trouble halved.”

“Thomas Arndell, William Broughton and Simeon Lord are magistrates,” Darcy paused, thinking of the assistance their sitting on the bench would provide.

“It’s an idea well worth considering—I’ll enquire of Governor Macquarie as to whether he approves and will make the necessary appointments.

” Darcy took up Elizabeth’s hands and kissed them.

“I believe, Lizzie, my marrying you was a most clever election.”

Elizabeth blushed. All was again well between them; her fear was, indeed, an illusion.

But she would not let William dwell further on the issue—it must be resolved forthwith.

“We attend dinner with Mr. Lord on Thursday next. Perhaps you could canvass his opinion of the matter—he’s a very sensible man and would see the right of it. ”