"I call on Nigel Loring!" he cried. "I, the officer of the King's law and the lay summoner of Waverley, call upon the man named Nigel Loring!"
"I am he."
"Yes, it is he!" cried the sacrist. "Archers, do as you were ordered!"
In an instant the band threw themselves upon him like the hounds on a stag. Desperately Nigel strove to gain his sword which lay upon the iron coffer. With the convulsive strength which comes from the spirit rather than from the body, he bore them all in that direction, but the sacrist snatched the weapon from its place, and the rest dragged the writhing Squire to the ground and swathed him in a cord.
"Hold him fast, good archers! Keep a stout grip on him!" cried the summoner. "I pray you, one of you, prick off these great dogs which snarl at my heels. Stand off, I say, in the name of the King! Watkin, come betwixt me and these creatures who have as little regard for the law as their master."
One of the archers kicked off the faithful dogs. But there were others of the household who were equally ready to show their teeth in defense of the old house of Loring. From the door which led to their quarters there emerged the pitiful muster of Nigel's threadbare retainers. There was a time when ten knights, forty men-at-arms and two hundred archers would march behind the scarlet roses. Now at this last rally when the young head of the house lay bound in his own hall, there mustered at his call the page Charles with a cudgel, John the cook with his longest spit, Red Swire the aged man-at-arms with a formidable ax swung over his snowy head, and Weathercote the minstrel with a boar-spear. Yet this motley array was fired with the spirit of the house, and under the lead of the fierce old soldier they would certainly have flung themselves upon the ready swords of the archers, had the Lady Ermyntrude not swept between them:
"Stand back, Swire!" she cried. "Back, Weathercote Charles, put a leash on Talbot, and hold Bayard back!" Her black eyes blazed upon the invaders until they shrank from that baleful gaze. "Who are you, you rascal robbers, who dare to misuse the King's name and to lay hands upon one whose smallest drop of blood has more worth than all your thrall and caitiff bodies?"
"Nay, not so fast, dame, not so fast, I pray you!" cried the stout summoner, whose face had resumed its natural color, now that he had a woman to deal with. "There is a law of England, mark you, and there are those who serve and uphold it, who are the true men and the King's own lieges. Such a one am I. Then again, there are those who take such as me and transfer, carry or convey us into a bog or morass. Such a one is this graceless old man with the ax, whom I have seen already this day. There are also those who tear, destroy or scatter the papers of the law, of which this young man is the chief. Therefore, I would rede you, dame, not to rail against us, but to understand that we are the King's men on the King's own service."
"What then is your errand in this house at this hour of the night?"
The summoner cleared his throat pompously, and turning his parchment to the light of the cressets he read out a long document in Norman-French, couched in such a style and such a language that the most involved and foolish of our forms were simplicity itself compared to those by which the men of the long gown made a mystery of that which of all things on earth should be the plainest and the most simple. Despair fell cold upon Nigel's heart and blanched the face of the old dame as they listened to the dread catalogue of claims and suits and issues, questions of peccary and turbary, of house-bote and fire-bote, which ended by a demand for all the lands, hereditaments, tenements, messuages and curtilages, which made up their worldly all.
Nigel, still bound, had been placed with his back against the iron coffer, whence he heard with dry lips and moist brow this doom of his house. Now he broke in on the recital with a vehemence which made the summoner jump:
"You shall rue what you have done this night!" he cried. "Poor as we are, we have our friends who will not see us wronged, and I will plead my cause before the King's own majesty at Windsor, that he, who saw the father die, may know what things are done in his royal name against the son. But these matters are to be settled in course of law in the King's courts, and how will you excuse yourself for this assault upon my house and person?"
"Nay, that is another matter," said the sacrist. "The question of debt may indeed be an affair of a civil court. But it is a crime against the law and an act of the Devil, which comes within the jurisdiction of the Abbey Court of Waverley when you dare to lay hands upon the summoner or his papers."
"Indeed, he speaks truth," cried the official. "I know no blacker sin."
"Therefore," said the stern monk, "it is the order of the holy father Abbot that you sleep this night in the Abbey cell, and that to-morrow you be brought before him at the court held in the chapter-house so that you receive the fit punishment for this and the many other violent and froward deeds which you have wrought upon the servants of Holy Church. Enough is now said, worthy master summoner. Archers, remove your prisoner!"
As Nigel was lifted up by four stout archers, the Dame Ermyntrude would have rushed to his aid, but the sacrist thrust her back.
"Stand off, proud woman! Let the law take its course, and learn to humble your heart before the power of Holy Church. Has your life not taught its lesson, you, whose horn was exalted among the highest and will soon not have a roof above your gray hairs? Stand back, I say, lest I lay a curse upon you!"
The old dame flamed suddenly into white wrath as she stood before the angry monk: "Listen to me while I lay a curse upon you and yours!" she cried as she raised her shriveled arms and blighted him with her flashing eyes.
"As you have done to the house of Loring, so may God do to you, until your power is swept from the land of England, and of your great Abbey of Waverley there is nothing left but a pile of gray stones in a green meadow! I see it! I see it! With my old eyes I see it! From scullion to Abbot and from cellar to tower, may Waverley and all within it droop and wither from this night on!"
The monk, hard as he was, quailed before the frantic figure and the bitter, burning words. Already the summoner and the archers with their prisoner were clear of the house. He turned and with a clang he shut the heavy door behind him.
Chapter V. How Nigel was tried by the abbot of Waverley
The law of the Middle Ages, shrouded as it was in old Norman-French dialect, and abounding in uncouth and incomprehensible terms, in deodands and heriots, in infang and outfang, was a fearsome weapon in the hands of those who knew how to use it. It was not for nothing that the first act of the rebel commoners was to hew off the head of the Lord Chancellor. In an age when few knew how to read or to write, these mystic phrases and intricate forms, with the parchments and seals which were their outward expression, struck cold terror into hearts which were steeled against mere physical danger.
Even young Nigel Loring's blithe and elastic spirit was chilled as he lay that night in the penal cell of Waverley and pondered over the absolute ruin which threatened his house from a source against which all his courage was of no avail. As well take up sword and shield to defend himself against the black death, as against this blight of Holy Church. He was powerless in the grip of the Abbey. Already they had shorn off a field here and a grove there, and now in one sweep they would take in the rest, and where then was the home of the Lorings, and where should Lady Ermyntrude lay her aged head, or his old retainers, broken and spent, eke out the balance of their days? He shivered as he thought of it.
It was very well for him to threaten to carry the matter before the King, but it was years since royal Edward had heard the name of Loring, and Nigel knew that the memory of princes was a short one. Besides, the Church was the ruling power in the palace as well as in the cottage, and it was only for very good cause that a King could be expected to cross the purposes of so high a prelate as the Abbot of Waverley, as long as they came within the scope of the law. Where then was he to look for help? With the simple and practical piety of the age, he prayed for the aid of his own particular saints: of Saint Paul, whose adventures by land and sea; had always endeared him; of Saint George, who had gained much honorable advancement from the Dragon; and of Saint Thomas, who was a gentleman of coat-armor, who would understand and help a person of gentle blood. Then, much comforted by his naive orisons he enjoyed the sleep of youth and health until the entrance of the lay brother with the bread and small beer, which served as breakfast, in the morning.
The Abbey court sat in the chapter-house at the canonical hour of tierce, which was nine in the forenoon. At all times the function was a solemn one, even when the culprit might be a villain who was taken poaching on the Abbey estate, or a chapman who had given false measure from his biased scales. But now, when a man of noble birth was to be tried, the whole legal and ecclesiastical ceremony was carried out with every detail, grotesque or impressive, which the full ritual prescribed. The distant roll of church music and the slow tolling of the Abbey bell; the white– robed brethren, two and two, walked thrice round the hall singing the "Benedicite" and the "Veni, Creator" before they settled in their places at the desks on either side. Then in turn each high officer of the Abbey from below upward, the almoner, the lector, the chaplain, the subprior and the prior, swept to their wonted places.
Finally there came the grim sacrist, with demure triumph upon his downcast features, and at his heels Abbot John himself, slow and dignified, with pompous walk and solemn, composed face, his iron-beaded rosary swinging from his waist, his breviary in his hand, and his lips muttering as he hurried through his office for the day. He knelt at his high pre-dieu; the brethren, at a signal from the prior, prostrated themselves upon the floor, and the low deep voices rolled in prayer, echoed back from the arched and vaulted roof like the wash of waves from an ocean cavern. Finally the monks resumed their seats; there entered clerks in seemly black with pens and parchment; the red-velveted summoner appeared to tell his tale; Nigel was led in with archers pressing close around him; and then, with much calling of old French and much legal incantation and mystery, the court of the Abbey was open for business.
It was the sacrist who first advanced to the oaken desk reserved for the witnesses and expounded in hard, dry, mechanical fashion the many claims which the House, of Waverley had against the family of Loring. Some generations back in return for money advanced or for spiritual favor received the Loring of the day had admitted that his estate had certain feudal duties toward the Abbey. The sacrist held up the crackling yellow parchment with swinging leaden seals on which the claim was based. Amid the obligations was that of escuage, by which the price of a knight's fee should be paid every year. No such price had been paid, nor had any service been done. The accumulated years came now to a greater sum than the fee simple of the estate. There were other claims also. The sacrist called for his books, and with thin, eager forefinger he tracked them down: dues for this, and tailage for that, so many shillings this year, and so many marks that one. Some of it occurred before Nigel was born; some of it when he was but a child. The accounts had been checked and certified by the sergeant of the law.
Nigel listened to the dread recital, and felt like some young stag who stands at bay with brave pose and heart of fire, but who sees himself compassed round and knows clearly that there is no escape. With his bold young face, his steady blue eyes, and the proud poise of his head, he was a worthy scion of the old house, and the sun, shining through the high oriel window, and showing up the stained and threadbare condition of his once rich doublet, seemed to illuminate the fallen fortunes of his family.
The sacrist had finished his exposition, and the sergeant-at-law was about to conclude a case which Nigel could in no way controvert, when help came to him from an unexpected quarter. It may have been a certain malignity with which the sacrist urged his suit, it may have been a diplomatic dislike to driving matters to extremes, or it may have been some genuine impulse of kindliness, for Abbot John was choleric but easily appeased. Whatever the cause, the result was that a white plump hand, raised in the air with a gesture of authority, showed that the case was at an end.
"Our brother sacrist hath done his duty in urging this suit," said he, "for the worldly wealth of this Abbey is placed in his pious keeping, and it is to him that we should look if we suffered in such ways, for we are but the trustees of those who come after us. But to my keeping has been consigned that which is more precious still, the inner spirit and high repute of those who follow the rule of Saint Bernard. Now it has ever been our endeavor, since first our saintly founder went down into the valley of Clairvaux and built himself a cell there, that we should set an example to all men in gentleness and humility. For this reason it is that we built our houses in lowly places, that we have no tower to our Abbey churches, and that no finery and no metal, save only iron or lead, come within our walls. A brother shall eat from a wooden platter, drink from an iron cup, and light himself from a leaden sconce. Surely it is not for such an order who await the exaltation which is promised to the humble, to judge their own case and so acquire the lands of their neighbor! If our cause be just, as indeed I believe that it is, then it were better that it be judged at the King's assizes at Guildford, and so I decree that the case be now dismissed from the Abbey court so that it can be heard elsewhere."
Nigel breathed a prayer to the three sturdy saints who had stood by him so manfully and well in the hour of his need. "Abbot John," said he, "I never thought that any man of my name would utter thanks to a Cistercian of Waverley; but by Saint Paul! you have spoken like a man this day, for it would indeed be to play with cogged dice if the Abbey's case is to be tried in the Abbey court."
The eighty white-clad brethren looked with half resentful, half amused eyes as they listened to this frank address to one who, in their small lives, seemed to be the direct vice-regent of Heaven. The archers had stood back from Nigel, as though he was at liberty to go, when the loud voice of the summoner broke in upon the silence.
"If it please you, holy father Abbot," cried the voice, "this decision of yours is indeed secundum legem and intra vires so far as the civil suit is concerned which lies between this person and the Abbey. That is your affair; but it is I, Joseph the summoner, who have been grievously and criminally mishandled, my writs, papers and indentures destroyed, my authority flouted, and my person dragged through a bog, quagmire or morass, so that my velvet gabardine and silver badge of office were lost and are, as I verily believe, in the morass, quagmire or bog aforementioned, which is the same bog, morass – "
"Enough!" cried the Abbot sternly. "Lay aside this foolish fashion of speech and say straitly what you desire."
"Holy father, I have been the officer of the King's law no less than the servant of Holy Church, and I have been let, hindered and assaulted in the performance of my lawful and proper duties, whilst my papers, drawn in the King's name, have been shended and rended and cast to the wind. Therefore, I demand justice upon this man in the Abbey court, the said assault having been committed within the banlieue of the Abbey's jurisdiction."
"What have you to say to this, brother sacrist?" asked the Abbot in some perplexity.
"I would say, father, that it is within our power to deal gently and charitably with all that concerns ourselves, but that where a the King's officer is concerned we are wanting in our duty if we give him less than the protection that he demands. I would remind you also, holy father, that this is not the first of this man's violence, but that he has before now beaten our servants, defied our authority, and put pike in the Abbot's own fish-pond."
The prelate's heavy cheeks flushed with anger as this old grievance came fresh into his mind. His eyes hardened as he looked at the prisoner. "Tell me, Squire Nigel, did you indeed put pike in the pond?"
The young man drew himself proudly up. "Ere I answer such a question, father Abbot, do you answer one from me, and tell me what the monks of Waverley have ever done for me that I should hold my hand when I could injure them?"
A low murmur ran round the room, partly wonder at his frankness, and partly anger at his boldness.
The Abbot settled down in his seat as one who has made up his mind. "Let the case of the summoner be laid before me," said he. "Justice shall be done, and the offender shall be punished, be he noble or simple. Let the plaint be brought before the court."
The tale of the summoner, though rambling and filled with endless legal reiteration, was only too clear in its essence. Red Swire, with his angry face framed in white bristles, was led in, and confessed to his ill treatment of the official. A second culprit, a little wiry nut-brown archer from Churt, had aided and abetted in the deed. Both of them were ready to declare that young Squire Nigel Loring knew nothing of the matter. But then there was the awkward incident of the tearing of the writs. Nigel, to whom a lie was an impossibility, had to admit that with his own hands he had shredded those august documents. As to an excuse or an explanation, he was too proud to advance any. A cloud gathered over the brow of the Abbot, and the sacrist gazed with an ironical smile at the prisoner, while a solemn hush fell over the chapterhouse as the case ended and only, judgment remained.
"Squire Nigel," said the Abbot, "it was for you, who are, as all men know, of ancient lineage in this land, to give a fair example by which others should set their conduct. Instead of this, your manor house has ever been a center for the stirring up of strife, and now not content with your harsh showing toward us, the Cistercian monks of Waverley, you have even marked your contempt for the King's law, and through your servants have mishandled the person of his messenger. For such offenses it is in my power to call the spiritual terrors of the Church upon your head, and yet I would not be harsh with you, seeing that you are young, and that even last week you saved the life of a servant of the Abbey when in peril. Therefore, it is by temporal and carnal means that I will use my power to tame your overbold spirit, and to chasten that headstrong and violent humor which has caused such scandal in your dealings with our Abbey. Bread and water for six weeks from now to the Feast of Saint Benedict, with a daily exhortation from our chaplain, the pious Father Ambrose, may still avail to bend the stiff neck and to soften the hard heart."
At this ignominious sentence by which the proud heir of the house of Loring would share the fate of the meanest village poacher, the hot blood of Nigel rushed to his face, and his eye glanced round him with a gleam which said more plainly than words that there could be no tame acceptance of such a doom. Twice he tried to speak, and twice his anger and his shame held the words in his throat.
"I am no subject of yours, proud Abbot!" he cried at last. "My house has ever been vavasor to the King. I deny the power of you and your court to lay sentence upon me. Punish these your own monks, who whimper at your frown, but do not dare to lay your hand upon him who fears you not, for he is a free man, and the peer of any save only the King himself."
The Abbot seemed for an instant taken aback by these bold words, and by the high and strenuous voice in which they were uttered. But the sterner sacrist came as ever to stiffen his will. He held up the old parchment in his hand.
"The Lorings were indeed vavasors to the King," said he; "but here is the very seal of Eustace Loring which shows that he made himself vassal to the Abbey and held his land from it."
"Because he was gentle," cried Nigel, "because he had no thought of trick or guile."
"Nay!" said the summoner. "If my voice may be heard, father Abbot, upon a point of the law, it is of no weight what the causes may have been why a deed is subscribed, signed or confirmed, but a court is concerned only with the terms, articles, covenants and contracts of the said deed."
"Besides," said the sacrist, "sentence is passed by the Abbey court, and there is an end of its honor and good name if it be not upheld."