As the applause died away the old man commenced:
"Good Goths! my brave brothers! It troubles and surprises you that you see no Earl, and no representative of the man who wears your crown. Do not let it disturb you! If the King thinks thereby to interrupt this meeting, he is mistaken. I still remember old times, and I tell you, the people can judge what is right without the King, and hold the tribunal without the King's Earl. You are all grown up amongst new manners and customs, but there stands old Haduswinth, scarcely a few winters younger than myself; he will bear me witness that power is with the people alone; the Gothic nation is free!"
"Yes! we are free!" cried a thousand voices.
"If the King does not send his Earl, we will choose our 'Ting-Earl' ourselves," cried the grey-haired Haduswinth; "right and justice existed before King and Earl! And who knows the old customs of the nation better than Hildebrand, son of Hilding? Hildebrand shall be our Ting-Earl!"
"Yes!" was echoed on all sides; "Hildebrand shall be our Ting-Earl!"
"You have chosen me," now said Hildebrand, "and I count myself as well elected as if King Theodahad had given me a warrant in letter and parchment. And my ancestors for centuries have often held tribunals for the Goths. Come, sajones, help me to open the Assembly."
In front of the oak there still lay the ruins of an ancient fane of the wood-god Picus; the sajones cleared the place, piled up the broadest stones, and leaned two square slabs to the right and left against the trunks of the oak, so that a stately seat of justice was thus formed. And so before the altar of the old Italic sylvan god, the Gothic Earl held a tribunal.
Other sajones threw a wide blue woollen mantle with a broad white collar over Hildebrand's shoulders, and gave him an ashen staff, curved at the top. At his left hand, on the branches of the oak, they hung a shining shield of burnished steel, and then placed themselves in two groups on his right and on his left. The old man struck the shield with his staff till it rung loudly. Then he seated himself with his face to the east and began:
"I enjoin silence, ban, and peace! I enjoin right and forbid wrong, quick anger, biting words, ready blows, and everything which can offend the peace of the Ting. And I ask: is it the year and day, the time and hour, the place and spot in which to hold a free tribunal of Gothic men?"
The Goths who stood the nearest stepped forward and answered in chorus: