The national era. [volume] (Washington [D.C.]) 1847-1860, 1855-03-29

|
have You seen him in the mean time and
If aye, how often?''
Almost daily. He is one of our best forest
ers, and we rarely hunt or hawk without him. ,
Gan you name any one day, in particular
when you saw the person at the bar, between
July and October, to know him ?"
=" can. On the 18th day of last September
at eight O'Clock in the evening. we being then
at supper, kenric came into the hall, by per
MISSION, to bring tidings that he had tracked
the great mouse-colored hart royal which has
been known in the dales this hundred years
INTO deep dingle at the head of Yewdae, and
THAT he was laid up for the night On the 18th
we were astir before day, and Kenric led us to
the lair; and We hunted that hart all day long
on the 18th, and killed him at sunset on the
skirts of Skiddaw. We had to pass the night
on the mountain, and I-well remember how
henrlc was the best man in collecting firing
and making all things comfortable for tho night
| 1t being cold and keen white frost"
| Being cross-examined: 81 know it was on
the 18th that he brought the tidings, because
my rents fall due that day at Rydal M inor
| and | had ridden over to collect them. and re.
turned home somewhat late for supper, and had
just safe down to table, very hungry, when he
came in with the news of the great hart royal
and that spoiled my supper, for the thought OF
| killing that hart on the morrow took away all
my appetite"
| "And did you kill him, sir?" asked Sir Ra.
| nulf de Glanville from the bench, eagerly: for
If he were famous as lawyer, he was little less
| so a woodman.
"With a clothyard shaft from my own bow.
Sir Ranulf, at thirty score yards and thirteen y
We'll, sir, it was a very pretty shot," re-
turned the high justiciary, nothing abashed by
the smile which ran through the court; land
| you have given very pretty evidence. Have
| you any more witnesses, Master Gourlav? Me-
thinks the jury have had almost enough of
| this
" We will detain your Lordships but very
little longer. William Fitz Adhelm"
And he knew Kenric well, and remembered
his services particularly on that 18th day of
September; and, to prove the date, he produ-
ced record of the chase, carved on ivory,
which was hung from the antlers of that cele-
brated deer, in the great hall at Hawkshead
Castle, recording the length of the hunt, the
dogs and horses engaged, and all the circum-
stances of the great event
The bailiff of Kendall was then called. who
Swore that he knew Kenric, as forester and YER
durer, since July last, and that he had seen him
since that date almost daily; for that three
days had never passed without his bringing
him game for his guest table, according to the
orders of his Lord
And here" said Thomas de Curthose, ave
might safely rest, stating merely, in explana-
ton, that the true Eadwulf the Red brother
of the person at the bar, did, we believe, all the
things stated by the witnesses to this court, and
did leave at the cottage on kentmere the cross
bow produced before the court, which he had
previously purloned from his brother, while at
Vol NJ I,g,r a. Al. >
freedom on record beyond a question or per-
adventure, we will call Sir Yvo de Taillebois."
He, Of course, testified to all that is known
to the readers Of this history, and which was
not known to the jury or the court; to his
own agency, namely, in the purchase and man
omission of the serf Kenric and to his estab-
lishment of him as free tenant on his lands of
Kentmere, in Kendall.
"And here we rest" said Thomas of Curt
hose, "nor shall trouble the court so much as
to sum up what is so palpable.1
The compliments declining to say ANYTHING
further, Ranulf de Granville said:
1T Is scarce necessary that | should say
anything to this jury seeing that if the evidence
of Sir Yvo de Tallebois be received as credi
BILE, the case is at an end. But would say
that, without his testimony, the defence might
have rested safely, when they had shown that
the alleged fugitive, Kenric,' was a resident
here in Westmoreland, on the dav, and long
before the day, when he is charged on oath to
have been a serf in Yorkshire. For if A claim
horse, now IN the possession of B, swearing
and bringing witnesses to swear that he, A.
lost, or had stolen from him. the said horse. on
such a day; and B bring sufficient and true
witnesses to satisfy the jury that the said horse
so claimed was in his, BIS, possession DAYS.
weeks, or months before the such day. on
which AYERS to have lost or had the said
horse stolen from him-then it is to be pre-
sumed, not that a and his witnesses are mista-
ken to the day on which the horse was lost.
seeing that he and they have sworn positively
to the day. and that it is in him and them alone,
and no others, truly to know the day on which
the said horse was lost or stolen-but that the
horse is another horse altogether, and not that
horse lost or stolen on the day averred: mas
much as this horse claimed was, on that day.
and heretofore and thereafter, standing here
and could. not therefore be lost or stolen else
where. This is the law, gentlemen, Of an OK
or an ass, or goat, or piece of furniture, or
of anything that is property dead or living
Much more SO, therefore, Of the liberty of
man. For God forbid that on this earth of
England the liberty of a man. which is even
the dearest thing he hath on earth, should be
more lightly jeoparded or less securely guar
antied to him, than the value of his OK, or his
ass, or his goat, or his chatte whatsoever it
may be, that is claimed of him. And now,
gentlemen of the jury, will detain you no lon
ger. You may retire, if you wish to deliberate
on your verdict, whether the person at the bar
be Eadwulf the Red gros thrall of Sir Foulke
dolly, or Kenric the Dark and a true free
man."
80 please the court, we are agreed" was
the unanimous answer of the iurymen
"And how will you render your verdict?"
"By our foreman, Sir Ralph Egerton, of
Egerton."
1--WE fnd,' said the foreman, in answer to
the eye of the justiciary, " that the person at
the bar, 'Kenric, surnamed the Dark is free
man, and that Sir Foulke dolly hath no
claim against his liberty or person. And we
further recommend that the witnesses for the
plaintiff, more especially Ralph Brito, and An |
held to answer to charge of perjury"
"You have said well, gentlemen, and l thank |
you for your verdict" said the justiciary. |
q Clerk of the court, record the verdict and |
see that warrants issue against Ralph de Brito |
and Hugh of Spyinghow. Kenric, thou art |
free; free of all charge against thee; free |
to walk boldly and uprigbtly before God; and, |
so far as you do no wrong, to turn aside for |
fear of no man. Co. and thank God, therefore, |
that you are born on English soil, where every |
man is held free, till he is proved slave; and |
where no man can be delivered into bondage, |
save on the verdict of jury of his country |
men. This is the law of England. God save
the King. Ameni"
Then, turning to Sir Yvo de Tailebois, You
brought that fellow off with flying colors
Now, you will sup with me, at my lodgings, at |
nine. My brothers of the bench will be with |
us, and my Lord High Constable, and the Earl