"It is scarce necessary that I should say any thing to this jury, seeing that if the evidence of Sir Yvo de Taillebois be received as credible, the case is at an end. But I would say that, without his testimony, the defense might have rested safely, when they had shown that the alleged fugitive, 'Kenric,' was a resident here in Westmoreland, on the day, and long before the day, when he is charged on oath to have been a serf in Yorkshire. For if A claim a horse, now in the possession of B, swearing, and bring in 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, B's, possession, days, weeks, or months before the 'such a day' on which A avers to have lost or had the said horse stolen from him—then it is to be presumed, not that A and his witnesses are mistaken as 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 on 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; inasmuch as this horse claimed was, on that day, and theretofore and thereafter, standing here, and could not therefore be lost or stolen elsewhere. This is the law, gentlemen, of an ox, or an ass, or a goat, or a piece of furniture, or of any thing that is property, dead or living. Much more so, therefore, of the liberty of a 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 guaranteed to him, than the value of his ox, or his ass, or his goat, or his chattel, whatsoever it may be, that is claimed of him. And now, gentlemen of the jury, I will detain you no longer. You may retire, if you wish to deliberate on your verdict, whether the person at the bar be 'Eadwulf the Red,' gross thrall of Sir Foulke d'Oilly, or 'Kenric the Dark,' and a true freeman."
"So please the court, we are agreed," was the unanimous answer of the jurymen.
"And how will you render your verdict?"
"By our foreman, Sir Ralph Egerton, of Egerton."
"We find," said the foreman, in answer to the eye of the justiciary, "that the person at the bar, 'Kenric, surnamed the Dark,' is a free man, and that Sir Foulke d'Oilly hath no claim against his liberty or person. And we farther recommend that the witnesses for the plaintiff, more especially Ralph Brito, and Andrew of Spyinghow, be taken into custody, and held to answer to a charge of perjury."
"You have said well, gentlemen, and I thank you for your verdict," said the justiciary. "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 uprightly before God; and, so far as you do no wrong, to turn aside for fear of no man. Go, and thank God, therefore, that you are born on English soil, where every man is held free, till he is proved a slave; and where no man can be delivered into bondage, save on the verdict of a jury of his countrymen. This is the law of England. God save the King. Amen!"
Then, turning to Sir Yvo de Taillebois, "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 mareschal; and we will have a merry time of it. They have choice oysters here, and some lampreys; and that boar's head, and the venison you sent us, are superb. You will come, of course."
"With pleasure," said De Taillebois, "but"—and he whispered something in his ear.
"Ha! do you fear so? I think not; but we will provide for all chances; and, in good time, here comes Clarencieux. Ho! Clarencieux, sup with us, at nine to-night; and, look you, we shall want Sir Foulke d'Oilly in court to-morrow. I do not think that he will give us the slip; but, lest he try it, let two of your pursuivants and a dozen halberdiers keep their eye on him till the court sits in the morning; and if he offer to escape, arrest him without scruple, and have him to the constable's lodging. Meantime, forget not nine of the clock, in my lodgings."