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 prie-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,
