CHAPTER VI. THE JUSTICE OF EARL ULFKYTEL.
An armed jailor woke me with daylight, bringing me food again, andat first I was dazed, not knowing where I was, so heavy was mysleep. Yet I knew that I woke to somewhat ill.
"Where am I?" I asked.
"Under Caistor walls, surely," he said; and I remembered all.
The man looked friendly enough, so that I spoke again to him,asking if the great earl was here, and he said that he was.
"What do men say?" I asked then.
"That the matter is like to puzzle the earl himself, so that it ishard for a plain man to unriddle. But I think that half Reedham arehere to see justice done you; even if it is naught but EarlUlfkytel's justice!" And he grinned.
I knew why. For Ulfkytel was ever a just man, though severe, andhis justice was a word with us, though in a strange way enough. Forif a case was too hard for him to decide in his own mind, he wouldstudy to find some way in which the truth might make itself known,as it were. Nor did he hold much with trial by hot water, or heatedploughshares, and the like; finding new ways of his own contriving,which often brought the truth plainly to light, but which no otherman would have thought of. So that if a man, in doing or planningsome ill to another, was himself hurt, we would laugh and say:"That is like the earl's justice".
So though Ulfkytel was no friend of my father's, having, indeed,some old quarrel about rights of manor or the like, I thoughtnothing of that, save that he would the sooner send me to the kingfor trial.
The jailor told me that I should be tried at noonday, and wentaway, and so I waited patiently as I might until then, keepingthought quiet as best I could by looking forward and turning overwhat I could say, which seemed to be nothing but the plain truth.
At last the weary waiting ended, and they took me into the greathall of the castle, and there on the high seat sat the earl, athin, broad-shouldered man, with a long gray beard and gray eyes,that glittered bright and restless under shaggy eyebrows. Beorn,too, was brought in at the same time, and we were set opposite toone another, to right and left of the earl, below the high place,closely watched by the armed guards, bound also, though nottightly, and only as to our hands.
And there on a trestle table before us lay the body of JarlLodbrok, my friend, in whose side was my broken arrow. All thelower end of the hall was filled with the people, and I saw my twoserfs there, and many Reedham folk.
Then the court was set, and with the earl were many men whom I knewby sight, honest thanes and franklins enough, and of that I wasglad.
First of all one read, in the ears of all, that of which we two whowere there bound were accused, giving the names of those half-dozenmen who had found us fighting and had brought us for judgment.
Then said Earl Ulfkytel:
"Here is a matter that is not easy in itself, and I will not hidethis, that the father of this Wulfric and I are unfriendly, andthat Beorn has been a friend of mine, though no close one.Therefore is more need that I must be very careful that justice isnot swayed by my knowledge and thoughts of the accused. So I putthat away from me; I know naught of these two men but what I hearfrom witnesses."
Some people at the end of the hall sought to praise the evenhandedness of that saying loudly, but the earl frowned and shouted:
"Silence!--shall a judge be praised for doing right?"
"Then," said he, growing quiet again, and speaking plainly andslowly that all might hear, "this is how the matter stands. Hereare two men found fighting over the body of a third who is known,as men say, to have been friendly with both. No man saw thebeginning of the business. Now we will hear what was seen, butfirst let this Wulfric speak for himself;" and he turned his brighteyes on me.
Now I told him all the truth from the time when I parted fromLodbrok until the men came.
Then the earl asked me:
"Why thought you that Beorn slew the man?"
"Because there was no other man near, and because I know that hebore ill will towards him for the favour shown him by the king."
"So," said Ulfkytel; "now let Beorn speak."
Then that evil man, being very crafty, did not deny my words, butsaid that he had found the body lying with my arrow in its side.And though he knew not why I had done the deed, for the sake of hisfriendship with my father and myself he would have hidden it, andeven as he did so I came, falling on him. Whereon he grew wroth,and fought.
"It seems to me," said the earl, "that a word from you shouldrather have made Wulfric help you and thank you; not fall on you.Now let the witnesses say their say."
So they stood forward, telling naught but the truth, as honest men.And they seemed to think much of Beorn's having cried out forrevenge. Also they showed the arrow, which fitted exactly to theheaded end which was in Lodbrok's side, and was the same as twothat were in my quiver with others. Now if Beorn shot that arrow hemust have made away with both bow and quiver, for he had none whenwe were taken.
Then one of the other thanes said that the dead man had anotherwound, and that in the throat, and it was so, Whereon the jailerwas bidden to bring our swords, and it was found that both werestained, for I had wounded Beorn a little, as I have said.
"Is Wulfric wounded then?" asked Ulfkytel.
And I was not.
"Whence then is Beorn's sword stained?" he asked.
Then came my two thralls, and spoke to the truth of my story, asdid one of the men who had stayed with them, for he too had seenthe deer hanging where I had left it, nearly a mile away from wherethe fight was. And my men added that they had seen me riding tothat place, and had followed the call of my horn.
"Murderers do not call thus for help," said the earl. "What more?"
"Only that Lodbrok's dog flew at Beorn;" they said.
Then my steward and others told the story of my saving of Lodbrok,and there were one or two who knew how closely Beorn seemed to havesought his friendship. There was no more then to be said.
All the while Ulfkytel had watched my face and Beorn's, and now hesaid:
"The arrow condemns Wulfric, but any man might pick up a good arrowthat he had lost. And the sword condemns Beorn, but there are manyways in which it might be bloodstained in that affair. Now, werethese two robbers, I would hold that they were fighting overdivision of booty, but they are honourable men. Wherefore I willhave one more witness who knows not how to lie. Fetch the dog."
So they brought Lodbrok's dog, which the serfs had with them, andthey loosed it. It ran to his body first and cried over it, pullinghis coat with its paws and licking his face, so that it was pitifulto see it, and there were women present who wept thereat.
Then it left him and came to me, thrusting its nose into my hand,but I would not notice it, for justice's sake; but when it sawBeorn, it bristled up, flying at his throat so that he fell underit, and the guards had much ado in getting it off, and one wasbitten.
"The dog condemns Beorn," said the earl, "but Wulfric bred it."
After that he would have no more witness; but now should each of uslay hand on the body and swear that he was guiltless.
They brought a book of the Holy Gospels and put it on Lodbrok'sbreast, and first I laid my hand thereon, looking into the quietface of the man whose life I had saved, and sware truly.
Then must Beorn confess or swear falsely, and I looked at him andhis cheek was pale. But he, too, laid hand on the dread book in itsawful place and sware that he was innocent--and naught happened.For I looked, as I think many looked, to see the blood start fromthe wound that he had given the jarl, but it was not so. There wasno sign. Then crossed my mind the first doubt that I had had thatBeorn was guilty. Yet I knew he lied in some things, and the doubtpassed away quickly.
Then Ulfkytel pushed away the table from before him so that it fellover.
"Take these men away," he said. "I have heard and seen enough. Iwill think!"
They led us away to the cells again, and I wondered how all thiswould end. In an hour they brought us back, and set us in ourplaces again. The ea
rl had more to say, as it seemed.
"Will you two pay the weregild {xi} between you?"
"No, Lord Earl," I said; "that were to confess guilt, which wouldbe a lie."
Then Beorn cried:
"I pray you, Wulfric, let us pay and have done!"
But I turned from him in loathing.
"Ho, Master Falconer," said Ulfkytel, "the man is an outlander! Towhom will you pay it? To Wulfric who saved his life?"
Now at that Beorn was dumb, seeing that the earl had trapped himvery nearly, and he grew ashy pale, and the great earl scowled athim.
"Let me have trial by battle," I said quietly, thinking that itwould be surely granted.
There was as good reason to suspect me as Beorn, as I saw.
"Silence, Wulfric!" said the earl. "That is for me to say."
"Let the king judge, I pray you, Lord Earl," I went on, for hespoke in no angry tone, nor looked at me.
However, that angered him, for, indeed, it was hard to say whetherking or earl was more powerful in East Anglia. Maybe Eadmund'spower came by love, and that of the earl by the strong hand. Butthe earl was most loyal.
"What!" he said in a great voice, "am I not earl? And shall theking be troubled with common manslayers while I sit in his seat ofjustice? Go to! I am judge, and will answer to the king for what Ido."
So I was silent, waiting for what should come next.
But he forgot me in a minute, and seemed to be thinking.
At last he said:
"One of these men is guilty, but I know not which."
And so he summed up all that he had heard, and as he did so itseemed, even to me, that proofs of guilt were evenly balanced, sothat once again I half thought that Beorn might be wronged in theaccusation, as I was.
"So," he ended, "friend has slain friend, and friends have fought,and there is no question of a third man in the matter."
He looked round on the honest faces with him, and saw that theywere puzzled and had naught to say, and went on:
"Wherefore, seeing that these men have had trial by battle already,which was stopped, and that the slain man was a foreigner from overseas and has no friends to speak concerning him, I have a mind toput the judgment into the hands of the greatest Judge of all. AsLodbrok the Dane came by sea, these men shall be judged upon thesea by Him who is over all. And surely the innocent shall escape,and the guilty shall be punished in such sort that he shall wishthat I had been wise enough to see his guilt plainly and to hanghim for treachery to his friend and the king's, or else to put himinto ward until some good bishop asks for pardon for ill doing."
And with that half promise he looked sharply at us to see if anysign would come from the murderer.
But I had naught to say, nor did I seem to care just now whatbefell me, while Beorn was doubtless fearful lest the wrath ofEadmund the King should prevail in the end were he to be imprisonedonly. So he answered not, and the earl frowned heavily.
Now one of the franklins there, who knew me well enough, said:
"Wulfric, be not ashamed to confess it, if for once you shotill--if your arrow went by chance to Lodbrok's heart, I pray you,say so. It may well be forgiven."
Very grateful was I for that kind word, but I would not pleadfalsely, nor, indeed, would it have told aught of the other woundthat had been made. So I shook my head, thanking the man, andsaying that it was not so.
Now I think that the earl had planned this in order to make one ofus speak at the last, and for a moment I thought that Beorn wasabout to speak, but he forbore. Then Ulfkytel sighed heavily andturned away, speaking in a low voice to the thanes with him, andthey seemed to agree with his words.
At length he turned to us and spoke gravely:
"It is, as I said, too hard for me. The Lord shall judge. Even asLodbrok came shall you two go, at the mercy of wind and wave and ofHim who rules them. You shall be put into Lodbrok's boat thisnight, and set adrift to take what may come. Only this I lay uponyou, that the innocent man shall not harm the guilty. As forhimself, he need, as I think, have no fear, for the guilty man is acoward and nidring {xii}. Nor, as it seems to me, if all may bebelieved, can the guiltless say for certain that the other did it."
Then was a murmur of assent to this strange manner of justice ofEarl Ulfkytel's, and I, who feared not the sea, was glad; but Beornwould have fallen on the ground, but for his guards, and almost hadhe confessed, as I think.
"Eat and drink well," said Ulfkytel, "for maybe it is long beforeyou see food again."
"Where shall you set them afloat?" asked a thane.
"Am I a fool to let men know that?" asked the earl sharply. "Therewould be a rescue for a certainty. You shall know by and by inprivate."
The guards took us away, and unbinding our hands, set plenty ofgood food and drink before us. And for my part I did well, for nowthat I knew the worst my spirits rose, and I had some hopes ofescape, for there was every sign of fair weather for long enough.And viking ways had taught me to go fasting for two days, if needbe, given a good meal to start upon.
But Beorn ate little and drank much, while the guards bade him takeexample from me, but he would not; and after a while sat silent ina corner and ghastly to look upon, for no one cared to meddle withhim.
As soon as it grew dusk they bade us eat again, for in half an hourwe should set forth to the coast. At that Beorn started up andcried out, wringing his hands and groaning, though he said no word,except that I should surely slay him in the boat.
Then I spoke to him for the first time since he had claimed thefalcon, and said that from me, at least, he was safe. And I spokeroughly, so that I think he believed me, so plain did I make itthat I thought one who was surely cowardly in word and deed was notworth harming, and he ceased his outcry.
At last we were set on horseback, and with two score or moremounted spearmen round us, we rode quickly out of Caistor town. Afew men shouted and ran after us, but the guards spurred theirhorses, and it was of no use for them to try and follow. And thenight was dark and foggy, though not cold for the time of year.
I feared lest we were going to Reedham, for there my folk wouldcertainly rise in arms to rescue me, and that would have madethings hard for them; but we went on southward, riding very fast,until after many long miles we came to the little hill of the otherBurgh that stands where Waveney parts in two streams, one eastwardto the sea, and the other northward to join the Yare mouth.
The moon had risen by the time we came there, and I could see alarge fishing boat at the staithe, and, alas! alongside of her asmaller boat that I knew so well--that in which Lodbrok had come,and in which I had passed so many pleasant hours with him. Then thethought crossed my mind that what he had taught me of her was liketo be my safety now; but my mind was dazed by all the strangethings that came into it, and I tried not to think. Only I wonderedif Ulfkytel had got the boat without a struggle with our people.
The earl was there with a few more thanes and many more guards, andthey waited by the waterside.
One man started from beside the earl as we came, and rode swiftlytowards us. It was Egfrid, my brother-in-law to be--if this did notbring all that fair plan to naught.
He cried out to the men to stay, and they, knowing who he was, didso, and made no trouble about his coming to my side. There hereined up his horse, and laid his hand on my shoulder.
"Alas for this meeting, my brother!" he cried. "What can I do? Mencame and told me of rumour that was flying about concerning thisbusiness, and I have ridden hard to get to Reedham, but I met theearl, who told me all. And I have prayed him to let the king judge,but he will not, saying that his mind is fixed on higherjudgment--and you know what he is."
Then I said:
"So that you hold me not guilty, my brother, I mind not so much;for if I must die you will take my place, and my father will not bewithout a son.
"I think you guilty!" he cried; "how could that be? Shame on mewere I to dream thereof--and on any man of all who know you whowould deem you could be so."
&nb
sp; "Have you heard all?"
"Aye, for the earl has told me very patiently, being kind, for allhis strange ways. At last I told him that his wish for justiceblinded his common sense. And at that, instead of being wrath, hesmiled at me as on a child, and said, 'What know you of justice?';so that I was as one who would beat down a stone wall with hisfists---helpless. He is not to be moved. What can I do?" and almostdid he weep for my hard case.
"Let things go their own way, my brother," I said gently. "I do notfear the sea, nor this man here--Beorn. Do you go to Reedham andtend Lodbrok's hawk for me, and send word to my father, that he maycome home, and to the king, so that Lodbrok may have honourableburial."
He promised me those things, and then went back upon the slaying ofLodbrok, asking how it came about.
I told him what I thought thereof; and Beorn, who must needs listento all this, ground his teeth and cursed under his breath, forthere seemed to have come some desperate fury on him in place ofhis cold despair of an hour since.
And when Egfrid had heard all, he raised his hand and swore thatnot one stone of Beorn's house should be unblackened by fire bythis time tomorrow night, and as he said it he turned to Beorn,shaking and white with wrath.
"Let that be," I answered him quickly; "no good, but much harm maycome therefrom. Wait but six months, and then maybe I shall beback."
Now while we had thus spoken together, Ulfkytel had dismounted andwas holding some converse with a man whose figure I could not wellmake out, even had I cared to try, in the dark shadow of horses andriders which stayed the moonlight from them. But at this time thestranger came towards us, and I saw that it was the priest whoserved the Church of St. Peter, hard by where we stood. He came toBeorn first, and spoke to him in a low voice, earnestly; but Beornpaid no sort of heed to him, but turned his head away, cursing yet.So after a few more words, the priest came to me.
"Wulfric," he said, "sad am I to see you thus. But justice isjustice, and must be done."
"Aye, Father," I answered, "and right will prevail."
"Maybe we shall see it do so," he answered shortly, not seemingwilling to hold much converse with me; "but it is likely that yougo to your death on the wide sea. Many a man have I shriven at thepoint of death--and Ulfkytel the Earl will not hold me back fromyour side--an you will."
Thereat I was very glad, for I knew that the risks before me werevery great, and I said as much.
Then he took the bridle of my horse and began to lead me on oneside, and the guards hindered him until Ulfkytel shouted to them todraw aside in such wise as to prevent my riding off, though, boundas I was, it had been of little use to try to do so. Then they letthe priest take me out of earshot, and maybe posted themselves insome way round us, though I heeded them not.
So then in that strange way I, bound and on horseback, confessed;and weeping over me at last, with all his coldness forgotten, thepriest of Burgh shrived me and blessed me, bidding me keep a goodheart; for, if not in this world, then at the last would all bemade right, and I should have honour.
After that he went once more to Beorn, but he was deaf to hispleading, and so he went away to the church, speaking no word toany man, and with his head bent as with the weight of knowledgethat must not be told, and maybe with sorrow that the otherprisoner, if guilty, would not seek for pardon from the Judge intowhose hand he was about to go.
But as for me, this thing was good, and a wondrous comfort to me,and I went back to Egfrid with a cheerful heart, ready to faceaught that might come.
Now the earl called to the guards from the water's edge, sayingthat the time was come, and we rode towards him, and I made Egfridpromise that he would hold his hand, at least till my father came.
Now they drew my boat to the shore, and they took Beorn from hishorse first, and often have I wondered that he did not confess, buthe said no word, and maybe his senses had left him by reason of histerror. They haled him to the boat and unbound him, setting him inthe bows, where he sank down, seeming helpless, but staring awayfrom shore over the sparkling waters that he feared.
Then came my turn, and of my own will I stepped into the boat,looking her over to see that all was there as when Lodbrok came.And all was there, though that was little enough. The one oar, thebaler, and a few fathoms of line on the floorboards.
Now as I had nothing to lose by speaking, I cried to the earlconcerning the one matter that troubled me.
"Earl Ulfkytel, I pray you forgive my poor folk if they fought forme when you took the boat."
"They knew not why it was taken," he answered quietly. "I sent amessenger before I gave sentence. But I should not have blamed themhad they fought, knowing all."
Then a rough man who tended the boat called out:
"Ho, Lord Earl, are these murderers to go forth with gold on armand hand?" for we had been stripped of naught but our arms, and Isuppose the man coveted these things.
But the earl answered:
"Which is the murderer? I know not. When his time comes stripped hewill be of life itself. Let the men be," and then in a moment heasked one by him; "what weapons had Lodbrok when he came?"
"Only a dagger," answered the thane to whom he spoke. "Or so mensay."
"That is true," I said plainly.
"Give the men their daggers," then said the earl; and when one toldhim that we should use them on each other, he answered:
"I think they will not; do my bidding!"
So they threw my hunting knife to me, and I girded it on. ButBeorn's dagger fell on the floor of the boat, and he paid no heedto it, not even turning his head.
Then the earl and three thanes went on board the fishing boat, andEgfrid would fain have come with him. But I signed him back, andwhen the fishermen put out oars and pushed from the shore, towingus with them, he ran waist deep into the water, and clasped my handfor the last time, weeping.
Then the shore grew dim to my eyes, and I put my head in my handsand would look no more. Soon I heard only the wash and creak of thelarge boat's oars, and a murmured word or two from those on boardher. Then from Burgh Tower came the tolling of the bell, as for thedying, and that was the last voice of England that I heard as wewent from shore to sea.
But at that sound came hope back to me, for it seemed to me as thevoice of Bosham bell calling for help that should come to myself,as I had been called in time of need by the like sound to the helpof St. Wilfrith's men. And straightway I remembered the words ofthe good prior, and was comforted, for surely if St. Wilfrith'smight could sink the pirate ship it would be put forth for me uponthe waters. So I prayed for that help if it might be given, and forthe Hand of Him who is over all things, even as the prior hadbidden me understand.
Whereupon I was in no more trouble about myself, and now I began tohope that the still weather might even bring Halfden's ship to findme.
So we passed from river to broad, and from broad to sea, and wentin tow of the fishing boat until we came to that place, as nearlyas might be, where I had saved Lodbrok. I could see the sparkle ofour village lights, or thought I could.
There they cast us off, and for a few minutes the two boats layside by side on the gently-heaving water, for the wind wasoffshore, and little sea was running.
Then the earl rose up, lifting his hand and saying, very solemnly:
"Farewell, thou who art innocent. Blame not my blindness, nor thinkill of me. For I do my best, leaving you in the Hand of God, andnot of man!"
So he spoke; then the oars swung and fell, and in a few moments hisboat was gone into the shoreward shadows and we were alone, and Iwas glad.
Now I looked at Beorn, and I thought him strangely still, and sowatched him. But I soon saw that he was in some sort of fit orswoon, and paid no heed to aught. Yet I thought it well to take hisdagger from where it lay, lest he should fall on me in some frenzy.
I took up the weapon, and straightway I longed to draw it and endhis life at once, while all sorts of plans for escape thereaftercame into my mind. But I could not slay a helpless man, even thisone
, though I sat fingering the dagger for a long while. At lastthe evilness of these thoughts was plain to me; so quickly I castthe dagger overboard, and it was gone.
Then I thought I would sleep while I might, for there was no sea tofear, and the tide set with the wind away from shore from the rivermouth, as I knew well, for it was ebbing. It was weary work towatch the land growing less and less plain under the moon. Yet Ifeared Beorn's treachery, and doubted for a while, until the coilof rope that lay at my feet caught my eye as I pondered. With thatI made no more ado, but took it and bound him lightly, so that atleast he could not rise up unheard by me. Nor did he stir or doaught but breathe heavily and slowly as I handled him. When heroused I knew that I could so deal with him that I might unbindhim.
After that I slept, and slept well, rocked by the gentle rise andfall of the waves, until daylight came again.