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 vertueusement a l'espee tous ceux qui suient malveses
compagnies, gens diffamez d'aucuns crimes, et gens fuites et
forbannis.... et les doivent si vigoureusement et discretement
apprehender, que la bonne gent qui sont paisibles soient gardez
paisiblement et que les malfeteurs soient espoantes."