Without saying a word, a personification of the Muta Themis of the old charters, the man stretched his right arm over the radiant Dea, and touched Gwynplaine on the shoulder with the iron staff, at the same time pointing with his left thumb to the door of the Green Box behind him.

These gestures, all the more imperious for their silence, meant, "Follow me."

_Pro signo exeundi, sursum trahe_, says the old Norman record.

He who was touched by the iron weapon had no right but the right of obedience. To that mute order there was no reply. The harsh penalties of the English law threatened the refractory. Gwynplaine felt a shock under the rigid touch of the law; then he sat as though petrified.

If, instead of having been merely grazed on the shoulder, he had been struck a violent blow on the head with the iron staff, he could not have been more stunned. He knew that the police-officer summoned him to follow; but why? _That_ he could not understand.

On his part Ursus, too, was thrown into the most painful agitation, but he saw through matters pretty distinctly. His thoughts ran on the jugglers and preachers, his compet.i.tors, on informations laid against the Green Box, on that delinquent the wolf, on his own affair with the three Bishopsgate commissioners, and who knows?--perhaps--but that would be too fearful--Gwynplaine's unbecoming and factious speeches touching the royal authority.

He trembled violently.

Dea was smiling.

Neither Gwynplaine nor Ursus p.r.o.nounced a word. They had both the same thought--not to frighten Dea. It may have struck the wolf as well, for he ceased growling. True, Ursus did not loose him.

h.o.m.o, however, was a prudent wolf when occasion required. Who is there who has not remarked a kind of intelligent anxiety in animals? It may be that to the extent to which a wolf can understand mankind he felt that he was an outlaw.

Gwynplaine rose.

Resistance was impracticable, as Gwynplaine knew. He remembered Ursus's words, and there was no question possible. He remained standing in front of the wapentake. The latter raised the iron staff from Gwynplaine's shoulder, and drawing it back, held it out straight in an att.i.tude of command--a constable's att.i.tude which was well understood in those days by the whole people, and which expressed the following order: "Let this man, and no other, follow me. The rest remain where they are. Silence!"

No curious followers were allowed. In all times the police have had a taste for arrests of the kind. This description of seizure was termed sequestration of the person.

The wapentake turned round in one motion, like a piece of mechanism revolving on its own pivot, and with grave and magisterial step proceeded towards the door of the Green Box.

Gwynplaine looked at Ursus. The latter went through a pantomime composed as follows: he shrugged his shoulders, placed both elbows close to his hips, with his hands out, and knitted his brows into chevrons--all which signifies, "We must submit to the unknown."

Gwynplaine looked at Dea. She was in her dream. She was still smiling.

He put the ends of his fingers to his lips, and sent her an unutterable kiss.

Ursus, relieved of some portion of his terror now that the wapentake's back was turned, seized the moment to whisper in Gwynplaine's ear,--

"On your life, do not speak until you are questioned."

Gwynplaine, with the same care to make no noise as he would have taken in a sickroom, took his hat and cloak from the hook on the part.i.tion, wrapped himself up to the eyes in the cloak, and pushed his hat over his forehead. Not having been to bed, he had his working clothes still on, and his leather esclavin round his neck. Once more he looked at Dea.

Having reached the door, the wapentake raised his staff and began to descend the steps; then Gwynplaine set out as if the man was dragging him by an invisible chain. Ursus watched Gwynplaine leave the Green Box.

At that moment the wolf gave a low growl; but Ursus silenced him, and whispered, "He is coming back."

In the yard, Master Nicless was stemming, with servile and imperious gestures, the cries of terror raised by Vinos and Fibi, as in great distress they watched Gwynplaine led away, and the mourning-coloured garb and the iron staff of the wapentake.

The two girls were like petrifactions: they were in the att.i.tude of stalact.i.tes. Govic.u.m, stunned, was looking open-mouthed out of a window.

The wapentake preceded Gwynplaine by a few steps, never turning round or looking at him, in that icy ease which is given by the knowledge that one is the law.

In death-like silence they both crossed the yard, went through the dark taproom, and reached the street. A few pa.s.sers-by had collected about the inn door, and the justice of the quorum was there at the head of a squad of police. The idlers, stupefied, and without breathing a word, opened out and stood aside, with English discipline, at the sight of the constable's staff. The wapentake moved off in the direction of the narrow street then called the Little Strand, running by the Thames; and Gwynplaine, with the justice of the quorum's men in ranks on each side, like a double hedge, pale, without a motion except that of his steps, wrapped in his cloak as in a shroud, was leaving the inn farther and farther behind him as he followed the silent man, like a statue following a spectre.

CHAPTER III.

LEX, REX, FEX.

Unexplained arrest, which would greatly astonish an Englishman nowadays, was then a very usual proceeding of the police. Recourse was had to it, notwithstanding the Habeas Corpus Act, up to George II.'s time, especially in such delicate cases as were provided for by _lettres de cachet_ in France; and one of the accusations against which Walpole had to defend himself was that he had caused or allowed Neuhoff to be arrested in that manner. The accusation was probably without foundation, for Neuhoff, King of Corsica, was put in prison by his creditors.

These silent captures of the person, very usual with the Holy Vaehme in Germany, were admitted by German custom, which rules one half of the old English laws, and recommended in certain cases by Norman custom, which rules the other half. Justinian's chief of the palace police was called "_silentiarius imperialis_." The English magistrates who practised the captures in question relied upon numerous Norman texts:--_Canes latrant, sergentes silent. Sergenter agere, id est tacere_. They quoted Lundulphus Sagax, paragraph 16: _Facit imperator silentium_. They quoted the charter of King Philip in 1307: _Multos tenebimus bastonerios qui, obmutescentes, sergentare valeant_. They quoted the statutes of Henry I.

of England, cap. 53: _Surge signo jussus. Taciturnior esto. Hoc est esse in captione regis_. They took advantage especially of the following description, held to form part of the ancient feudal franchises of England:--"Sous les viscomtes sont les serjans de l'espee, lesquels doivent justicier vertueus.e.m.e.nt a l'espee tous ceux qui suient malveses compagnies, gens diffamez d'aucuns crimes, et gens fuites et forbannis.... et les doivent si vigoureus.e.m.e.nt et discretement apprehender, que la bonne gent qui sont paisibles soient gardez paisiblement et que les malfeteurs soient espoantes." To be thus arrested was to be seized "a le glaive de l'espee." (_Vetus Consuetudo Normanniae_, MS. part I, sect. I, ch. 11.) The jurisconsults referred besides "_in Charta Ludovici Hutum pro Normannis_, chapter _Servientes spathae_." _Servientes spathae_, in the gradual approach of base Latin to our idioms, became _sergentes spadae_.

These silent arrests were the contrary of the _Clameur de Haro_, and gave warning that it was advisable to hold one's tongue until such time as light should be thrown upon certain matters still in the dark. They signified questions reserved, and showed in the operation of the police a certain amount of _raison d'etat_.

The legal term "private" was applied to arrests of this description. It was thus that Edward III., according to some chroniclers, caused Mortimer to be seized in the bed of his mother, Isabella of France.

This, again, we may take leave to doubt; for Mortimer sustained a siege in his town before being captured.

Warwick, the king-maker, delighted in practising this mode of "attaching people." Cromwell made use of it, especially in Connaught; and it was with this precaution of silence that Trailie Arcklo, a relation of the Earl of Ormond, was arrested at Kilmacaugh.

These captures of the body by the mere motion of justice represented rather the _mandat de comparution_ than the warrant of arrest. Sometimes they were but processes of inquiry, and even argued, by the silence imposed upon all, a certain consideration for the person seized. For the ma.s.s of the people, little versed as they were in the estimate of such shades of difference, they had peculiar terrors.

It must not be forgotten that in 1705, and even much later, England was far from being what she is to-day. The general features of its const.i.tution were confused and at times very oppressive. Daniel Defoe, who had himself had a taste of the pillory, characterizes the social order of England, somewhere in his writings, as the "iron hands of the law." There was not only the law; there was its arbitrary administration. We have but to recall Steele, ejected from Parliament; Locke, driven from his chair; Hobbes and Gibbon, compelled to flight; Charles Churchill, Hume, and Priestley, persecuted; John Wilkes sent to the Tower. The task would be a long one, were we to count over the victims of the statute against seditious libel. The Inquisition had, to some extent, spread its arrangements throughout Europe, and its police practice was taken as a guide. A monstrous attempt against all rights was possible in England. We have only to recall the _Gazetier Cuira.s.se_.

In the midst of the eighteenth century, Louis XV. had writers, whose works displeased him, arrested in Piccadilly. It is true that George II.

laid his hands on the Pretender in France, right in the middle of the hall at the opera. Those were two long arms--that of the King of France reaching London; that of the King of England, Paris! Such was the liberty of the period.

CHAPTER IV.

URSUS SPIES THE POLICE.

As we have already said, according to the very severe laws of the police of those days, the summons to follow the wapentake, addressed to an individual, implied to all other persons present the command not to stir.

Some curious idlers, however, were stubborn, and followed from afar off the _cortege_ which had taken Gwynplaine into custody.

Ursus was of them. He had been as nearly petrified as any one has a right to be. But Ursus, so often a.s.sailed by the surprises incident to a wandering life, and by the malice of chance, was, like a ship-of-war, prepared for action, and could call to the post of danger the whole crew--that is to say, the aid of all his intelligence.

He flung off his stupor and began to think. He strove not to give way to emotion, but to stand face to face with circ.u.mstances.

To look fortune in the face is the duty of every one not an idiot; to seek not to understand, but to act.

Presently he asked himself, What could he do?

Gwynplaine being taken, Ursus was placed between two terrors--a fear for Gwynplaine, which instigated him to follow; and a fear for himself, which urged him to remain where he was.

Ursus had the intrepidity of a fly and the impa.s.sibility of a sensitive plant. His agitation was not to be described. However, he took his resolution heroically, and decided to brave the law, and to follow the wapentake, so anxious was he concerning the fate of Gwynplaine.

His terror must have been great to prompt so much courage.