And after the monk Francis had talked in that way for some time, the Bishop was convinced of—nay he shuddered at—the trap into which he had nearly fallen. But, he said, the lawyer Stone had so bewildered him with one legal point and another—such as how the Decies, being knighted and plighted by the Prince Bishop himself in the name of the Young Lovell, had all the rights forfeited by that lording. He would very willingly resign a portion of his rights by way of fine; it was, moreover, in the protocol of the Bishops of Durham that no Bishop could refuse such a gift freely made, to the disadvantage of the see. And the lawyer said, from his knowledge of canon law, that, the Bishop having made the Decies into Young Lovell and a knight of the Church and the betrothed of the Lady Margaret of Glororem, nothing could undo all those things but a bull or dispensation of the Pope.
"Well," the monk Francis said, "I have considered that point and have read in such books as our poor monastery hath, both upon the canon and the civil law—such as the book of decrees of which the first leaf begins 'Jejunandi' and the penultimate leaf ends 'digestus erif,' or the book of decretals which begins 'Nullain res est' and ends: 'in causa negligenciae.' Also I have spoken with the most learned of our brethren upon this case and with your sergeants of law and your justices and all with one accord agree that a long law case might be made out of it. That Decies hath his grounds of appeal, at least upon the matter of knighthood and betrothal. For it is very uncertain if you could unknight him or break his betrothal with the Lady Margaret of Glororem without an appeal to our Father in Rome.
"As to the matter of the other rights conveyed by that name, that is much simpler. For the Young Lovell has only to make appeal to you through a person of the Church as his best friend. Then you shall give him licence, under the decretal 'in causa negligenciae' and he may at once enter upon his lands by force or how he may...."
"What then should the man called Decies do?" the Bishop asked. "I am not very learned in these laws; but that lawyer Stone said he may do great things."
"For that," the monk Francis said, "he might. But, if I can have a say with that Decies, he shall hang from a very high tree. Or, if the Young Lovell is too tender of his half-brother, for that the Decies is, the Decies shall at my complaint to your officers and, after a fair trial, be broken upon the wheel. For before a court non-ecclesiastical he hath brought false witness against a vassal of your see upon an ecclesiastical charge, to wit sorcery. There is no escape for him."
The Bishop was, by that, hot to do grace to the Young Lovell. And, after he had made the monk Francis recite over again all that he had said, he agreed very heartily to do all that that monk asked of him. For that was a position that jumped very well with Bishop Sherwood's character, and one that made all things the plainer to him. Being a churchman, subtle rather than vigorous, he desired above all things the good and glory of his see. He desired that, so much above his own glory and good, that in later years he left his see and went into exile rather than that the bishopric should suffer from the King's hatred of his person. But he could see very well that the bishopric of Durham would lose rather than gain by taking the lands of a young lord, well loved and deserving well of those parts. The Church, as he was aware, was called, in those days, avaricious, gluttonous and avid of lands and rent. But here, by a shining instance, he might show that the see-palatine of Durham held its hand and so that see should gain in credit and renown at the expense even of all other bishoprics in the realm and of the realm itself. And here was a course of action that this Bishop could very well understand and set going. Besides, of his own predilection, he had a hearty inclination towards such high and chivalric natures as was the Young Lovell's. He saw in him a shining and armoured protector against the foes of his see. Seeing things very much in symbols and pictures, this Bishop seemed to see that young lord, in silver harness, shining in the sun and raising his sword against the mists, fumes and flames that beset this fair city of Durham.
Therefore he said hastily to the monk Francis that if that monk would take a sheet of parchment and write the various matters of canon law and the rest, he, the Bishop, would commit them to memory, and, that evening he would call before him the lawyer Stone, the Young Lovell and, if it seemed advisable, the King's commissioner and announce to them what his rede was in all these matters.
So he gave the monk a great sheet of parchment from a chest and the monk turned round to the pulpit and began to write. The Bishop walked up and down behind his back, rubbing his hands delicately together with pleasure at that their scheme and at the discomfiture of the King's commissioner that must ensue therefrom.
Now let us turn for a moment to what passed in the house of the Princess Rohtraut of Croy, Lady mother of Dacre, during this time, whilst the monk wrote.
VII