Godwyn had Gregory Longfellow, of course. Gregory had won the case against Earl Roland, and Godwyn had naturally asked him to represent the priory again. He had proved his ability, whereas Bookman was an unknown. However, Caris had a weapon up her sleeve, something that would come as a shock to Godwyn.
Godwyn showed no awareness that he had betrayed Caris, her father and the entire city of Kingsbridge. He had always presented himself as a reformer, impatient of stick-in-the-mud Prior Anthony, sympathetic with the needs of the town, eager for the prosperity of monks and merchants alike. Then, within a year of becoming prior, he had turned to face the opposite way, and become even more of a traditionalist than Anthony. Yet he appeared to feel no shame. Caris flushed with anger every time she thought of it.
He had no right to force the townspeople to use the fulling mill. His other impositions – the ban on hand mills, the fines for private fishponds and warrens – were technically correct, albeit outrageously harsh. But the fulling mill should be free, and Godwyn knew it. Caris wondered whether he believed that any deceit was pardonable provided it was done for the sake of God’s work. Surely men of God should be more scrupulous about honesty than laymen, not less?
She put the point to her father, as they hung around the court, waiting for their case to come up. He said: “I never trust anyone who proclaims his morality from the pulpit. That high-minded type can always find an excuse for breaking his own rules. I’d rather do business with an everyday sinner who thinks it’s probably to his advantage, in the long run, to tell the truth and keep his promises. He’s not likely to change his mind about that.”
In moments such as that, when Papa was his old self, Caris realized how much he had changed. Nowadays he was not often shrewd and quick-witted. More usually, he was forgetful and distracted. Caris suspected the decline had begun some months before she had noticed, and it probably accounted for his disastrous failure to anticipate the collapse of the wool market.
After several days’ wait, they were called before Sir Wilbert Wheatfield, the pink-faced judge with rotten teeth who had ruled for the priory against Earl Roland a year ago. Caris’s confidence began to ebb away as the judge took his seat on the bench against the east wall. It was frightening that a mere mortal should have such power. If he made the wrong decision, Caris’s new cloth-manufacturing enterprise would be blighted, her father would be ruined, and no one would be able to pay for the new bridge.
Then, as her lawyer began to speak, she started to feel better. Francis commenced with the history of the fulling mill, saying how it had been invented by the legendary Jack Builder, who built the first one, and how Prior Philip had given the townspeople the right to use it free.
He then dealt with Godwyn’s counter-arguments, disarming the prior in advance. “It is true that the mill is in bad repair, slow, and prone to frequent breakdowns,” he said. “But how can the prior argue that the people have lost the right to it? The mill is the priory’s property, and it is for the priory to keep it in good repair. The fact that he has failed in this duty makes no difference. The people have no right to repair the mill, and they certainly have no obligation so to do. Prior Philip’s grant was not conditional.”
At this point, Francis produced his secret weapon. “In case the prior should attempt to claim that the grant was conditional, I invite the court to read this copy of Prior Philip’s will.”
Godwyn was astonished. He had tried to pretend that the will had been lost. But Thomas Langley had agreed to look for it, as a favour to Merthin, and he had sneaked it out of the library for a day: time enough for Edmund to have it copied.
Caris could not help enjoying the look of shock and outrage on Godwyn’s face when he found that his deception had been foiled. He stepped forward and said indignantly: “How was this obtained?”
The question was revealing. He did not ask: “Where was it found?” – which would have been the logical inquiry if it had really been lost.
Gregory Longfellow looked annoyed, and waved at him with a hushing gesture; and Godwyn closed his mouth and stepped back, realizing he had given himself away – but it was surely too late, Caris thought. The judge must see that the only reason for Godwyn to be angry was that he knew the document favoured the townspeople, and had attempted to suppress it.
Francis wound up quickly after that – a good decision, Caris thought, for Godwyn’s duplicity would be fresh in the judge’s mind while Gregory made the case for the defence.
But Gregory’s approach took them all completely by surprise.
He stepped forward and said to the judge: “Sir, Kingsbridge is not a chartered borough.” He stopped there, as if that was all he had to say.
It was true, technically. Most towns had a royal charter giving them the freedom to trade and hold markets without obligations to the local earl or baron. Their citizens were free men, owing allegiance to no one but the king. However, a few towns such as Kingsbridge remained the property of an overlord, usually a bishop or a prior: St Albans and Bury St Edmunds were examples. Their status was less clear.
The judge said: “That makes a difference. Only free men can appeal to the royal court. What do you have to say to that, Francis Bookman? Are your clients serfs?”
Francis turned to Edmund. In a low, urgent voice he said: “Have the townspeople appealed to the royal court before?”
“No. The prior has-”
“But not the parish guild? Even before your time?”
“There’s no record of it-”
“So we can’t argue from precedent. Damn.” Francis turned back to the judge. His face changed from worried to confident in a flash, and he spoke as if condescending to deal with something trivial. “Sir, the townspeople are free. They enjoy burgess tenure.”
Gregory said quickly: “There is no universal pattern of burgess tenure. It means different things in different places.”
The judge said: “Is there a written statement of customs?”
Francis looked at Edmund, who shook his head. “No prior would ever agree to such things being written down,” he muttered.
Francis turned back to the judge, “There is no written statement, sir, but clearly-”
“Then this court must decide whether or not you are free men,” the judge said.
Edmund spoke directly to the judge. “Sir, the citizens have the freedom to buy and sell their homes.” This was an important right not granted to serfs, who needed their lord’s permission.
Gregory said: “But you have feudal obligations. You must use the prior’s mills and fishponds.”
Sir Wilbert said: “Forget fishponds. The key factor is the citizens’ relationship to the system of royal justice. Does the town freely admit the king’s sheriff?”
Gregory answered that. “No, he must ask permission to enter the town.”
Edmund said indignantly: “That is the prior’s decision, not ours!”
Sir Wilbert said: “Very well. Do the citizens serve on royal juries, or claim exemption?”
Edmund hesitated. Godwyn looked exultant. Serving on juries was a time-consuming chore that everyone avoided if they could. After a pause, Edmund said: “We claim exemption.”
“Then that settles the matter,” the judge said. “If you refuse that duty on the grounds that you are serfs, you cannot appeal over the head of your landlord to the king’s justice.”
Gregory said triumphantly: “In the light of that, I beg you to dismiss the townspeople’s application.”
“So ruled,” said the judge.
Francis appeared outraged. “Sir, may I speak?”
“Certainly not,” said the judge.
“But, sir-”
“Another word and I’ll hold you in contempt.”
Francis closed his mouth and bowed his head.