The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-03-22
WASHINGTON D. C, THURSDAY MARCH

IL was remarked afterward, though at the
time no one noticed it, none suspecting the
cause, that when the heralds and pomp, indica-
ting the presence of court of chivalry made
their appearance, the face of Sir Foulke d Oily
flushed fiery red for moment, and then turned
white as ashes, even to the lips; and that he
trempieo SO Violently that he was compelled to
SIT down, while all the rest were standing.
During the first three days of the assize,
though many causes were tried of great local
ana individual interest, nothing occurred to sat-
isfy the secret and eager anticipations of the
excited audience, nothing to account for the
unusual combination of civil and military pow
ers on the judicial bench; and though all man.
ner OF strange rumors were ahoat, there was
none certainly that came very near the truth.
On the fourth morning, however, the crier, at
command OF the court, called Sir Foulke dolly;
who, presently appearing, stated that he was
there, In pursuance of the kings order, to
prosecute his claim to the possession of one
Eadwulf the Red, alias Kenric fugitive villeyn,
who had fled from his manor of Waltheofstow,
within the precincts of Sherwood Forest, against
his, Sir Foulke dOillys, will; and who was now
IN the custody of the sheriff of the county. He
concluded by appointing Godfrey Ftz Peter
and William OF Tichborne, two sergeants, learn
ed IN the law, as his counsel.
The sheriff of the county was then called into
court, to produce the body of the person at ISSUE
and Kenric was placed at the bar, his bondsmen
surrendering him to take his trial.
Sir Yvo de Taillebois then stated the prelim-
mary proceedings, the arrest of Kenric by sci
zure, his purchasing writ de h6ertate pr0bdn-
dd; and that whereas he the sheriff, might not
try that question in his court it was now brought
up before the Eyre of justices for trial
kenrlc was then called upon to plead, which
he did, by claiming to be freeman, and desi-
ring liberty to prove the same before God and
a jury of his countrymen.
The sheriff was thereupon commanded to
empannel jury; and this was speedily accom-
pllshed, twelve men being selected and sworn,
six of whom were belted knights, two esquires
of Norman birth, and four Saxon Franklins, as
they were now termed, who would have been
thames under their ancient dynasty all free and
lawful men, and sufficient to form Jury.
Then, the defendant in the suit being poor
man, and of no substance, counsel, skilled in
the law, were assigned him by the court Thorn
as de Curthose, and Matthew Gourlay that he
might have fair show of justice; and so the tri-
al was ordered to proceed.
Then Godfrey F'itz Peter rose and opened
the case by stating that they should prove the
person at the bar to be a serf, known as Fad.
wulf the Red, who has escaped from the manor
OF his lord at Waltheofstow, in Sherwood For.
est, against his lords will, on the thirteenth dav
of July last passed that he had killed deer.
with a cross bolt, on that same day. in the for
est between Turgoland and Bolterstone; and
afterward murdered the bailiff of the manor of
Waltheofstow, as aforesaid, with a similar
weapon, at or near the same place, which
weapons would be produced in court, and iden.
titled by comparison with corresponding weap-
nno II h. rlo1o
found In the possession of the prisoner, when
taken at Kentmere in Westmoreland that he
had been hunted hotfoot, with bloodhounds.
through the forest, and across the moors to the
Lancaster sands, when he had escaped only
by the aid of the fatal and furious tide which
mad overwhelmed the pursuing horsemen ; that
he had been seen to land on the shore of West
moreland, by party of the pursuers, who had
escaped the food tide by skirting the coast
line, and had been traced, foot by foot, by re-
port of the natives of the country, who had
heard OF the arrival of fugitive serf in the
neighborhood, until he was captured in cot
tage beside Kentmere on the tenth day of Oc-
tober OF this present year. And to prove this,
he called Sir Foulke dolly.
lie, being sworn, testified that he knew. and
had often seen, his serf " Eadwulf the Red" on
his manor of Waltheofstow, and fully believed
ton. He had joined the pursuers of the fugi-
tive on the day after the catastrophe of the
sands, had been engaged in tracing him to the
cottage on kentmere, and fully believed the
person captured to be the same who was traced
upward from the sands. Positively identified
and swore to the person at the bar, as the man
captured on the tenth day of October, and to
the crossbow and bolts produced in court. and
branded with the name "Kenric," as taken in
his possession.
Being cross-examined, he could not swear
positively to any personal recollection of the
features of Eadwulf the Red" or that the per-
son at the bar aoas the man, or resens6led the
man, in question. Believed him to be the man
Eadwulf because it was the general impression
of his people that he was so.
Thomas de Curthose said: "This, my Lords.
is mere hearsay, and stands for nought." And
Sir Ranulf de Glanville bowed his head and re-
piled, Merely for nought."
Then Sir Foulke dolly, being asked how,
when he assumed this PERSONS name to be
Eadwulf he ascribed to him the ownership of
weapons stamped "Kenric," he replied. that
Kenric was name prepared aforehand, to
avert suspicion, and assumed by Eadwulf, so to
avoid suspicion.
Being asked where he showed that Eadwulf
had assumed such other name, or that the
name Kenric" had ever been assumed bv
one truly named "Eadwuf," he replied. that
sit was probable"
Thomas de Cu-those said, I" that is mere con.
lecture"
And, again, the justiciary assented.
REMAINDER OF CHAP. Xxx IN OUR NEXT