Chapter VI: The Justice of Earl Ulfkytel

An armed jailor woke me with daylight, bringing me food again, and at first I was dazed, not knowing where I was, so heavy was my sleep. 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 is hard for a plain man to unriddle. But I think that half Reedham are here to see justice done you; even if it is naught but Earl Ulfkytel's justice!" And he grinned.

I knew why. For Ulfkytel was ever a just man, though severe, and his justice was a word with us, though in a strange way enough. For if a case was too hard for him to decide in his own mind, he would study 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 heated ploughshares, and the like; finding new ways of his own contriving, which often brought the truth plainly to light, but which no other man would have thought of. So that if a man, in doing or planning some 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 thought nothing of that, save that he would the sooner send me to the king for trial.

The jailor told me that I should be tried at noonday, and went away, and so I waited patiently as I might until then, keeping thought quiet as best I could by looking forward and turning over what I could say, which seemed to be nothing but the plain truth.

At last the weary waiting ended, and they took me into the great hall of the castle, and there on the high seat sat the earl, a thin, 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 to one another, to right and left of the earl, below the high place, closely watched by the armed guards, bound also, though not tightly, and only as to our hands.

And there on a trestle table before us lay the body of Jarl Lodbrok, my friend, in whose side was my broken arrow. All the lower end of the hall was filled with the people, and I saw my two serfs there, and many Reedham folk.

Then the court was set, and with the earl were many men whom I knew by sight, honest thanes and franklins enough, and of that I was glad.

First of all one read, in the ears of all, that of which we two who were there bound were accused, giving the names of those half-dozen men 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 hide this, that the father of this Wulfric and I are unfriendly, and that Beorn has been a friend of mine, though no close one. Therefore is more need that I must be very careful that justice is not swayed by my knowledge and thoughts of the accused. So I put that away from me; I know naught of these two men but what I hear from witnesses."

Some people at the end of the hall sought to praise the even handedness 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 and slowly that all might hear, "this is how the matter stands. Here are 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 the beginning of the business. Now we will hear what was seen, but first let this Wulfric speak for himself;" and he turned his bright eyes on me.

Now I told him all the truth from the time when I parted from Lodbrok 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 he bore 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, but said 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 his friendship with my father and myself he would have hidden it, and even 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 should rather 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 for revenge. Also they showed the arrow, which fitted exactly to the headed end which was in Lodbrok's side, and was the same as two that were in my quiver with others. Now if Beorn shot that arrow he must have made away with both bow and quiver, for he had none when we were taken.

Then one of the other thanes said that the dead man had another wound, and that in the throat, and it was so, Whereon the jailer was bidden to bring our swords, and it was found that both were stained, 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, as did one of the men who had stayed with them, for he too had seen the deer hanging where I had left it, nearly a mile away from where the fight was. And my men added that they had seen me riding to that 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 have sought his friendship. There was no more then to be said.

All the while Ulfkytel had watched my face and Beorn's, and now he said:

"The arrow condemns Wulfric, but any man might pick up a good arrow that he had lost. And the sword condemns Beorn, but there are many ways in which it might be bloodstained in that affair. Now, were these two robbers, I would hold that they were fighting over division of booty, but they are honourable men. Wherefore I will have one more witness who knows not how to lie. Fetch the dog."

So they brought Lodbrok's dog, which the serfs had with them, and they loosed it. It ran to his body first and cried over it, pulling his coat with its paws and licking his face, so that it was pitiful to 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 saw Beorn, it bristled up, flying at his throat so that he fell under it, and the guards had much ado in getting it off, and one was bitten.

"The dog condemns Beorn," said the earl, "but Wulfric bred it."

After that he would have no more witness; but now should each of us lay hand on the body and swear that he was guiltless.

They brought a book of the Holy Gospels and put it on Lodbrok's breast, and first I laid my hand thereon, looking into the quiet face of the man whose life I had saved, and sware truly.

Then must Beorn confess or swear falsely, and I looked at him and his cheek was pale. But he, too, laid hand on the dread book in its awful place and sware that he was innocent--and naught happened. For I looked, as I think many looked, to see the blood start from the wound that he had given the jarl, but it was not so. There was no sign. Then crossed my mind the first doubt that I had had that Beorn was guilty. Yet I knew he lied in some things, and the doubt passed away quickly.

Then Ulfkytel pushed away the table from before him so that it fell over.

"Take these men away," he said. "I have heard and seen enough. I will think!"

They led us away to the cells again, and I wondered how all this would end. In an hour they brought us back, and set us in our places again. The earl 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 would be 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! To whom will you pay it? To Wulfric who saved his life?"

Now at that Beorn was dumb, seeing that the earl had trapped him very nearly, and he grew ashy pale, and the great earl scowled at him.

"Let me have trial by battle," I said quietly, thinking that it would 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 he spoke in no angry tone, nor looked at me.

However, that angered him, for, indeed, it was hard to say whether king or earl was more powerful in East Anglia. Maybe Eadmund's power came by love, and that of the earl by the strong hand. But the earl was most loyal.

"What!" he said in a great voice, "am I not earl? And shall the king be troubled with common manslayers while I sit in his seat of justice? Go to! I am judge, and will answer to the king for what I do."

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 it seemed, even to me, that proofs of guilt were evenly balanced, so that once again I half thought that Beorn might be wronged in the accusation, 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 they were 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 over seas and has no friends to speak concerning him, I have a mind to put the judgment into the hands of the greatest Judge of all. As Lodbrok the Dane came by sea, these men shall be judged upon the sea by Him who is over all. And surely the innocent shall escape, and the guilty shall be punished in such sort that he shall wish that I had been wise enough to see his guilt plainly and to hang him for treachery to his friend and the king's, or else to put him into ward until some good bishop asks for pardon for ill doing."

And with that half promise he looked sharply at us to see if any sign would come from the murderer.

But I had naught to say, nor did I seem to care just now what befell me, while Beorn was doubtless fearful lest the wrath of Eadmund the King should prevail in the end were he to be imprisoned only. 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 shot ill--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 plead falsely, nor, indeed, would it have told aught of the other wound that had been made. So I shook my head, thanking the man, and saying that it was not so.

Now I think that the earl had planned this in order to make one of us speak at the last, and for a moment I thought that Beorn was about to speak, but he forbore. Then Ulfkytel sighed heavily and turned away, speaking in a low voice to the thanes with him, and they 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 as Lodbrok came shall you two go, at the mercy of wind and wave and of Him who rules them. You shall be put into Lodbrok's boat this night, and set adrift to take what may come. Only this I lay upon you, that the innocent man shall not harm the guilty. As for himself, he need, as I think, have no fear, for the guilty man is a coward and nidring {xii}. Nor, as it seems to me, if all may be believed, can the guiltless say for certain that the other did it."

Then was a murmur of assent to this strange manner of justice of Earl Ulfkytel's, and I, who feared not the sea, was glad; but Beorn would have fallen on the ground, but for his guards, and almost had he confessed, as I think.

"Eat and drink well," said Ulfkytel, "for maybe it is long before you 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. "There would be a rescue for a certainty. You shall know by and by in private."

The guards took us away, and unbinding our hands, set plenty of good food and drink before us. And for my part I did well, for now that I knew the worst my spirits rose, and I had some hopes of escape, for there was every sign of fair weather for long enough. And viking ways had taught me to go fasting for two days, if need be, given a good meal to start upon.

But Beorn ate little and drank much, while the guards bade him take example from me, but he would not; and after a while sat silent in a corner and ghastly to look upon, for no one cared to meddle with him.

As soon as it grew dusk they bade us eat again, for in half an hour we should set forth to the coast. At that Beorn started up and cried 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 the falcon, and said that from me, at least, he was safe. And I spoke roughly, so that I think he believed me, so plain did I make it that I thought one who was surely cowardly in word and deed was not worth harming, and he ceased his outcry.

At last we were set on horseback, and with two score or more mounted spearmen round us, we rode quickly out of Caistor town. A few men shouted and ran after us, but the guards spurred their horses, and it was of no use for them to try and follow. And the night was dark and foggy, though not cold for the time of year.

I feared lest we were going to Reedham, for there my folk would certainly rise in arms to rescue me, and that would have made things hard for them; but we went on southward, riding very fast, until after many long miles we came to the little hill of the other Burgh that stands where Waveney parts in two streams, one eastward to 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 a large fishing boat at the staithe, and, alas! alongside of her a smaller 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 the thought crossed my mind that what he had taught me of her was like to be my safety now; but my mind was dazed by all the strange things that came into it, and I tried not to think. Only I wondered if Ulfkytel had got the boat without a struggle with our people.

The earl was there with a few more thanes and many more guards, and they waited by the waterside.

One man started from beside the earl as we came, and rode swiftly towards us. It was Egfrid, my brother-in-law to be--if this did not bring all that fair plan to naught.

He cried out to the men to stay, and they, knowing who he was, did so, and made no trouble about his coming to my side. There he reined up his horse, and laid his hand on my shoulder.

"Alas for this meeting, my brother!" he cried. "What can I do? Men came and told me of rumour that was flying about concerning this business, and I have ridden hard to get to Reedham, but I met the earl, 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 higher judgment--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 be without a son.

"I think you guilty!" he cried; "how could that be? Shame on me were I to dream thereof--and on any man of all who know you who would deem you could be so."

"Have you heard all?"

"Aye, for the earl has told me very patiently, being kind, for all his strange ways. At last I told him that his wish for justice blinded his common sense. And at that, instead of being wrath, he smiled 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 his fists---helpless. He is not to be moved. What can I do?" and almost did he weep for my hard case.

"Let things go their own way, my brother," I said gently. "I do not fear the sea, nor this man here--Beorn. Do you go to Reedham and tend Lodbrok's hawk for me, and send word to my father, that he may come home, and to the king, so that Lodbrok may have honourable burial."

He promised me those things, and then went back upon the slaying of Lodbrok, asking how it came about.

I told him what I thought thereof; and Beorn, who must needs listen to all this, ground his teeth and cursed under his breath, for there seemed to have come some desperate fury on him in place of his cold despair of an hour since.

And when Egfrid had heard all, he raised his hand and swore that not one stone of Beorn's house should be unblackened by fire by this 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 may come therefrom. Wait but six months, and then maybe I shall be back."

Now while we had thus spoken together, Ulfkytel had dismounted and was holding some converse with a man whose figure I could not well make out, even had I cared to try, in the dark shadow of horses and riders which stayed the moonlight from them. But at this time the stranger came towards us, and I saw that it was the priest who served the Church of St. Peter, hard by where we stood. He came to Beorn first, and spoke to him in a low voice, earnestly; but Beorn paid 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 is justice, and must be done."

"Aye, Father," I answered, "and right will prevail."

"Maybe we shall see it do so," he answered shortly, not seeming willing to hold much converse with me; "but it is likely that you go to your death on the wide sea. Many a man have I shriven at the point of death--and Ulfkytel the Earl will not hold me back from your side--an you will."

Thereat I was very glad, for I knew that the risks before me were very great, and I said as much.

Then he took the bridle of my horse and began to lead me on one side, and the guards hindered him until Ulfkytel shouted to them to draw aside in such wise as to prevent my riding off, though, bound as I was, it had been of little use to try to do so. Then they let the priest take me out of earshot, and maybe posted themselves in some 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, the priest of Burgh shrived me and blessed me, bidding me keep a good heart; for, if not in this world, then at the last would all be made right, and I should have honour.

After that he went once more to Beorn, but he was deaf to his pleading, and so he went away to the church, speaking no word to any man, and with his head bent as with the weight of knowledge that must not be told, and maybe with sorrow that the other prisoner, if guilty, would not seek for pardon from the Judge into whose 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 face aught that might come.

Now the earl called to the guards from the water's edge, saying that the time was come, and we rode towards him, and I made Egfrid promise 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 his horse first, and often have I wondered that he did not confess, but he said no word, and maybe his senses had left him by reason of his terror. They haled him to the boat and unbound him, setting him in the bows, where he sank down, seeming helpless, but staring away from 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, the baler, and a few fathoms of line on the floorboards.

Now as I had nothing to lose by speaking, I cried to the earl concerning the one matter that troubled me.

"Earl Ulfkytel, I pray you forgive my poor folk if they fought for me when you took the boat."

"They knew not why it was taken," he answered quietly. "I sent a messenger before I gave sentence. But I should not have blamed them had 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 arm and hand?" for we had been stripped of naught but our arms, and I suppose the man coveted these things.

But the earl answered:

"Which is the murderer? I know not. When his time comes stripped he will be of life itself. Let the men be," and then in a moment he asked one by him; "what weapons had Lodbrok when he came?"

"Only a dagger," answered the thane to whom he spoke. "Or so men say."

"That is true," I said plainly.

"Give the men their daggers," then said the earl; and when one told him 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. But Beorn's dagger fell on the floor of the boat, and he paid no heed to it, not even turning his head.

Then the earl and three thanes went on board the fishing boat, and Egfrid would fain have come with him. But I signed him back, and when the fishermen put out oars and pushed from the shore, towing us with them, he ran waist deep into the water, and clasped my hand for the last time, weeping.

Then the shore grew dim to my eyes, and I put my head in my hands and would look no more. Soon I heard only the wash and creak of the large boat's oars, and a murmured word or two from those on board her. Then from Burgh Tower came the tolling of the bell, as for the dying, and that was the last voice of England that I heard as we went from shore to sea.

But at that sound came hope back to me, for it seemed to me as the voice 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 help of St. Wilfrith's men. And straightway I remembered the words of the good prior, and was comforted, for surely if St. Wilfrith's might could sink the pirate ship it would be put forth for me upon the waters. So I prayed for that help if it might be given, and for the Hand of Him who is over all things, even as the prior had bidden me understand.

Whereupon I was in no more trouble about myself, and now I began to hope that the still weather might even bring Halfden's ship to find me.

So we passed from river to broad, and from broad to sea, and went in tow of the fishing boat until we came to that place, as nearly as might be, where I had saved Lodbrok. I could see the sparkle of our village lights, or thought I could.

There they cast us off, and for a few minutes the two boats lay side by side on the gently-heaving water, for the wind was offshore, 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 think ill of me. For I do my best, leaving you in the Hand of God, and not of man!"

So he spoke; then the oars swung and fell, and in a few moments his boat was gone into the shoreward shadows and we were alone, and I was glad.

Now I looked at Beorn, and I thought him strangely still, and so watched him. But I soon saw that he was in some sort of fit or swoon, and paid no heed to aught. Yet I thought it well to take his dagger 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 end his life at once, while all sorts of plans for escape thereafter came into my mind. But I could not slay a helpless man, even this one, though I sat fingering the dagger for a long while. At last the evilness of these thoughts was plain to me; so quickly I cast the dagger overboard, and it was gone.

Then I thought I would sleep while I might, for there was no sea to fear, and the tide set with the wind away from shore from the river mouth, as I knew well, for it was ebbing. It was weary work to watch the land growing less and less plain under the moon. Yet I feared Beorn's treachery, and doubted for a while, until the coil of rope that lay at my feet caught my eye as I pondered. With that I made no more ado, but took it and bound him lightly, so that at least he could not rise up unheard by me. Nor did he stir or do aught but breathe heavily and slowly as I handled him. When he roused I knew that I could so deal with him that I might unbind him.

After that I slept, and slept well, rocked by the gentle rise and fall of the waves, until daylight came again.