The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-03-15

Aradas'
There was a short pause, and then, as tn,
gallop Of horse was heard coming up to tn,
house, the orders were given to dismount, linl
brides, and close up to the doors and at tn,
next instant, Sir Yvo entered, STOPPING his tai
crest to pass the low -browed door, followed b,
his trusty squire, Aradas de Radcliffe, and hal
a dozen others of his principal retainers, on,
or two of them wearing knightly crests upor
their burgonetS.
The first words the knight uttered, as b,
raised his avantaille and gazed about him
| were, % st. Agatha, how hot it is, and what {
reek of peat smoke and alel Open those win
dows, some of you, to TIE street, and let u,
have breath of Heayen's fresh air. The Lord
| he knows we need it"
In moment the thick wooden shutters and
lattices which had been closed by those within
on the first alarm of his coming, were cast wide
open, and the spaces were filled, at once, by
the stalwart forms and resolute faces of the
men-atarms of de Taillebois, in such numbers
as to render treachery impossible, if it had been
intended.
Then, for the first time, did Sir Yvo turn his
eyes toward the intruder, who stood at the
farther end of the hall, irresolute how to act,
! with his men clustered in sullen group be-
hind him, and the prisoner Kenric held firmly
! by the shoulders by two stout troopers.
| "Ha Sir Foulke dolly" he said, with a
slight inclination of his head. "To what do /
owe the honor of receiving that noble baron in
my poor manor of Kendall; and wherefore, if
he come in courtesy and peace, do not meet
him rather in my own castle of Hawkshead,
where | might show him fitting courtesy, than
in this smoky den, filter for Saxon churls than
| Norman nobles?"
g TO be brief, my Lord, replied Oily, with
voice half conciliatory, half defiant, II came
neither la enmity, nor yet in courtesy, but to
reclaim and seize my fugitive villeyn yonder,
Eadwulf the Red. who hath not only killed
deer in my chase of Fenton in the Forest, but
hath murdered my bailiff of Waltheofstow and
now hath fed from me, against my will and l
find him here, hidden in an out corner of this
your manor of Kentmere, in Kendall"
q" There is some error here, Sir Foulke," said
de Taillebois, firmly "That man, whom see
some one hath brutally misused, of which more
anon, is not called Eadwulf at all, but Kenric.
Nor is he your serf, fair sir, nor any mans
serf at all, or villeyn, but free Englishman as
any who stands on this floor. | myself pur-
chased and manumitted him, in this July last
past, for that he saved the life of my child, the
Lady Guendolen, at risk of his own Of this |
pledge my honor, as belted knight and Nor
man noble"
" know the fellow very well, Sir Yvo," an
swered the other, doggedly. "Four or five of
my men here can swear to the knave; and we
have proof positive that he is the man who
shot deer about daybreak, and murdered my
bailif, on the thirteenth day of September last,
in my forest between the meres of Thurgsland
and Bolterstone, in Sherwood"
"The thirteenth day of last September"
said de Taillebois, thoughtfully. Hal Aradas,
Fitz Adhelm, vast not on that day we ran the
big mouse-colored hart royal, with the black
taibots, from high 9ewdsle, past Grisdale pike,
TO tie skirts of Skiddaw ? y
"Surely it was, Sir Yvo," answered beth the
gentlemen in a breath
There is some error here, Sir Foulke, :"
repeated the Sheriff, but the law will decide
1t. And now, speaking of the law, Sir Baron,
may crave, by what right, or form of law, you
have laid hands on this man, within the juris-
diction of my manor, and under the shadow of
night | say by what warrant have you done
this?"
"By the same right, and form, and warrant,
by which, wherever l find my stolen goods,
there / seize them By the best law of right ;
that is, the law of might"
The law of might has failed you, for this
time, Sir Foulke"
THAT is to say, you being stronger, at this
present time, than l, will not allow me to carry
off my villeyn, whom have Justly seized"
Whom you have most unjustly, most Illegal
ly, seized, Sir Foulke. You know as well as /,
or ought to know that if you proceed by seizure,
1t must be upon oath; aud none can seize with
in this shire, but l. the sheriff of it. Or if you
proceed by writ de ndtirO hd6endO, no one can
serve that writ, within this shire, but |, the
sheriff of it. What when a man cannot seize
and sell an OK or an ass, that is claimed by
another, without due process of law, shall he
seize and take, that which is the dearest thing
any man hath, even as dear as the breath of
his nostrils, his right to himself, his liberty,
without any form at all /? No. Sir Foulke, no
Our English law presumes every man free, till
he be proved slave; and no man, who claims
freedom, can be deprived of freedom, no. not by
my Lord the King himself in counsel, except
upon the verdict of an English jury. But do
understand Alright? Does this man Eadwulf, or
kenric, claim to be free, or confess himself to
be villeyn?"
81 claim to be a freeman, Sir Yvo; and !
demand liberty to prove it," cried Kenric az
warned Sir Foulke dolly, when he seized me
in my cottage by Kentmere, as can prove by
the boy Gilbert, that ] am freeman, and that
were | a villeyn and fugitive, to make a true
seizure, it must be made of the sheriff."
"Ha! thou didst-didst thou Thou art
learned in the law, it seems
1T behooves an Englishman, beausire, TO
know the law by which to guard his liberty, see
ing that it is the dearest thing he hath under
Heaven. But am not learned; only | had
good advice"
so it seems. And you deny to be villeyn,
and claim to prove your hberty?"
Before God, do, and your Worship
Summon my bailif, Aradas; he is a justice
of peace for the county, and will tell us what is
needed. / will give you this benefit, Sir Foulke,
though you are in no wise entitled to it. Be
cause it is on my own ground, and on the per-
son OF my own man. you have made this seizure.
will allow it to stand good, as if made legally,
in due form. Had it been made elsewhere,
within the county, / would have held IL null,
and you committed for false Imprisonment, and
breach of the Kings peace. But no man shall
say avenge my own private griefs by power of
my office. Now, bailiff, art thou there?"
- 30 please you, Sir Yvo, l have been here
all the evening, and am possessed of the whole
case"
swell, then, what needs this man, Kenric?n
=" writ, my Lord, de li5ertate pro6anda. /
have it here, ready"
" Recite 1t to us then, in Gods name. and
make service of it; for am waxing weary of
this matter"
Thus exhorted, the baihff lifted up his voice
and read, pompously but distinctly, the follow
ing form /; and then, bowling low, handed it to
the sheriff, calling on two of the men alarms.
whose names were subscribed, 10 witness the
service:
King Henry III, to the Sheriff of Lancas-
ter and Westmoreland greeting. Kenric, the
son of Werewolf, of Kentmere, in Westmore-
land, has showed to US, that whereas he is
free man, and ready to prove his liberty, Sir
Foulke dolly, knight, and baron of Waltheof-