The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-03-22
WASHINGTON, d. G..
fisfcl as Sr%ex IN The Clerks Office Of the District
fH---' - - he southern District OF New York
FOR THE NATIONAL ERA.
SHERWOOD FOREST,
WAGER BY, B ATTLE
.r.ls Of Saxon Slavery in the Twelfth Century.
BY HENRY WILLIAM HERBERT.
CHAP. XXX.
The Trial.
, r,ls Of Saxon Slavery in the Twelfth Century.
CHAP. XIX.
The Trial.

CHAP. Xxx.
The Trial.
Dix What, Is Antonio here
A.. Ready, please your grace
49,. I am sorry for thee. Thou art come 10 answer
..lsag adversary, an InhuInan wreieh.
Merchant Of Psnies
Thor. Is nothing in all the reign of that wise,
moderate and able prince. IS viewed according
-. ~. circumstances of his position and the
49, j;g.rce of his era, the Second Henry of
T,,I,n3 50 remarkable, or in his character so
,-,;s.,rortby. as his efforts to establish a per-
H. system both of judiciary power and of JUS
,ie. throughout England. In these efforts he
moro than mediately succeeded; and, although
s.-,a corruptions continued to exist, and some
i...aoccs of malfeasance to occur, owing in
some degree to the Kings own avaricious tenn
t-rament and willingness to commute punish
issD,s and perhaps, at times, even prosecutions,
far pccuniary fines, Justice was not for many
centuries more equitably administered, GER
siplv not four hundred years afterward, in
The reign of the eighth monarch of the same
Christian name, than in the latter portion of
the twelfth century.
At this period, that Justly celebrated lawyer,
Ranuf lie Granville, was High Justiciary of
England. beside holding the especial duty of
IN the circuit courts of all the counties north of
HE Trent: and he has left it on record, (" that
tier. was not now in the Kings Court one
iu!ee who dared swerve from the path of JUS
lee or to pronounce an opinion inconsistent
with truth
During the six weeks which interviewed be-
tween the Liberation of Kenric from the arrest
Of Sir Foulke dolly, and the day appointed
4 4 : e IL. / 80 fha~<,
vas great tribulation in the castle of Hawks
head and it was known that Sir Yvo de Taille-
b5is was in constant correspondence with the
High Justiciary; flying posts were coming and
going, night andday, booted and spurred, through
rain or shine, from York, the present abode of
Sir Ranull, to the shores of Winandermere.
The old chaplain was buried up to the eyes
in old parchments and genealogies; and, to
complete the mystery, Clarencieux, king-at-
arms, came down to the castle, accompanied
iy pursuivant, loaded with documents from
the college of heralds, fortnight before the
decisive day, and tarried at the castle until the
lime came, no one knowing especially, save Sir
lyo, his daughter, Aradas de Radcliffe, and the
PERSONS employed in the research, what was
the matter at issue.
Necessary, however, as it was deemed, at
that time. to hold the proceedings and their
cause in perfect Secresv, no such reason exists
no~; and il may be stated, that, the object
BENG no other than to bring Sir Foulke dolly
20 Justice for the murder of Sir Philip de Nor
nile, ii was necessary to be prepared at every
point.
Now, according to the criminal law of that
day. no prosecutor could put in his charge for
murder, until he should have proved himself
"a la bf .n blnnl Of tho IaooocaJ nd this
Il was now the object of Sir Yvo to do, there
having always been a Evolutionary belief in a
Remote kindred between the two families, though
the exact point and period was forgotten.
ii length. in the middle of the month of Oc-
i1'er. PROCLAMATION was issued, in the name
e.. ih" King Offering a free pardon for all other
oiencys, with the exception of high treason and
m>insion Of treason, and five hundred marks
reward 70 any freeman, or freedom to any serf
who not being principal in the deed, should
appear before the court of assize at Lancaster,
On 'he first day of December next ensuing, and
eve such evidence as should result in the con-
Nchon OF the murderer or murderers of the
aie Sir Philip de Morville, of Waltheofstow,
IN the county of York.
1t the same time, orders were issued to Ken
He, and all his associate foresters and keepers,
10 BRING IN Eadwulf, under assurance of par
DON II he might be found in any quarter; and
rewards were offered to stimulate the men to
tAtrtlon. But in vain. The foresters pushed
uer way INTO the deepest and widest recesses
q" the Cumbrian wilderness, at the risk of
some smart conflicts with the outlaws of that
'iN ana desolate region, who fancied that they
were trespasSing on their own savage haunts,
wa no good or amicable intent; but of Fad
Will they found no traces. Kenric persisted
&one. after all the rest had resigned the enter
I'Se; and, relying on his Saxon origin and
,ae >erCiia condition, mingled with the out
4A'>' told lis tale, showed the proclamation,
%.' succeeded in interesting his auditors in
AS own behalf and that of his brother; but
~ 90 more than the others, could find any
""'r' o tue fugitive, and he began almost to
CONSIDER Il certain that the unhappy Eadwulf
nal pershed among the hills, of the inclemen-
~ '' lie weather. He too, at last, returned
"o.Ie' 'e'palrlng Of ever seeing the unhappy
outlaw more.
i" NE mean time, an earnest and interest
1 contest was going on in the castle, between
.. ''''o'eh and Aradas on the one hand, and
lo de Iall!ebOis on the other. For it had
'zeH discovered, by the heralds, that there did
u.s. proofs OF blOod-connection between the
wv 'aHilles, sufficient to Justify Sir Yvo in
l"''hg IN charge of his kinsman's murder
~s''IS' Sir Foulke dolly, on the grounds of
,o.",hoh rumor and hearsay, if Eadwulf should
~. De found and, if he should, then on his
IHa' OILY would forthwith claim trial by
'ser oi battle, none might doubt, who knew
'haracier and antecedents of that despe-
I4lSiy bad but dauntless man.
WV II was the suit of Guendolen and Ara
e->' mat Sir Yvo should appoint his young
@i1lre ms champion to do battle for the judg-
~. VI Uod-tor they were irrevocably con-
;..-''l.eu-~hat, between their real faith in the
80 o. this cause and the Jealous trust, of
I,rsl VINO love, in the superiority of the be-
II ;; and the generous confidence of youth
A.. ~ own glowing and impulsive valor-that
az IAs would surely beat the traitor down,
IN WIN The spurs of gold, to which he so pas
aSpTed. But the clear-headed vete-
la ieSarded matters with a cooler and per-
ttS wiser eye. He knew Sir Foulke dolly
s1Ir trained, experienced, and all-practiced
sra'.' not only brave at all times, and brave
,Il'g the bravest, but a champion, such as
cL. were few, and to be beaten only by a
cI.Hipon: lie knew him also desperate, and
,sI'Ns MS last stake. He foresaw that, even
- Alilsei the felon knight, unless the sense
Ii $ul5' should paralyze his heart, or the visi-
Of I JulYnent of God be interposed in the heat
paS'.t-a thing in those days scarcely to be
G.ts peu iOT-would prove no easy bargain in the
MAJ a and how highly soever he might esti-
e<S MS young esquire's courage and PROV
a.sr- ne yet positively refused to allow him to
d.n;aJ The place of appellant in the lists and
m .-leu utterly that such conflict, being the
mi GSt solemn and awful of appeals to the AL
oct snsy on his judgment-seat, was any proper
;son Tor the striving after spurs of gold, or
S'ie al the honors of knighthood.
bono. me lovers were obliged to decline into
All HIT OF o. some indefinite future chance; and
NIL Geeline into Respondent and istless apathy,
the ', Two days only before that appointed for
departure of the company into Lancashire,