Wager of Battle: A Tale of Saxon Slavery in Sherwood ForestHerbert, Henry William
History
Wager of Battle: A Tale of Saxon Slavery in Sherwood Forest
Herbert, Henry William
Anglo-Saxons -- Fiction; Great Britain -- History -- Norman period, 1066-1154 -- Fiction; Sherwood Forest (England) -- Fiction
"I know the fellow very well, Sir Yvo," answered the other, doggedly.
"Four or five of my men here can swear to the knave; and we have proof
positive that he is the man who shot a deer about daybreak, and
murdered my bailiff on the thirteenth day of September last, in my
forest between the meres of Thurgoland and Bolterstone, in Sherwood."
"The thirteenth day of last September?" said De Taillebois,
thoughtfully. "Ha! Aradas, Fitz Adhelm, was't not on that day we ran
the big mouse-colored hart royal, with the black talbots, from high
Yewdale, past Grisdale pike, to the skirts of Skiddaw?"
"Surely it was, Sir Yvo," answered both the gentlemen in a breath.
"There is some error here, Sir Foulke," repeated the Sheriff, "but the
law will decide it. And now, speaking of the law, Sir Baron, may I
crave, by what right, or form of law, you have laid hands on this man,
within the jurisdiction of my manor, and under the shadow of night? I
say, by what warrant have you done this?"
"By the same right, and form, and warrant, by which, wherever I find
my stolen goods, there I seize them! By the best law of right; that
is, the law of might."
"The law of might has failed you, for this time, Sir Foulke."
"That is to say, you being stronger, at this present time, than I,
will not allow me to carry off my villeyn, whom I have justly seized."
"Whom you have most unjustly, most illegally, seized, Sir Foulke. You
know, as well as I, or ought to know, that if you proceed by seizure,
it must be upon oath; and none can seize within this shire, but I, the
sheriff of it. Or if you proceed by writ _de nativo habendo_, no
one can serve that writ, within this shire, but I, the sheriff of it.
What! when a man can not seize and sell an ox or an ass, that is
claimed by another, without due process of law, shall he seize and
take, that which is the dearest thing any man hath, even as dear as
the breath of his nostrils, his right to himself, his liberty, without
any form at all? No, Sir Foulke, no! Our English law presumes every
man free, till he be proved a slave; and no man, who claims freedom,
can be deprived of freedom, no, not by my lord the King himself in
counsel, except upon the verdict of an English jury. But do I
understand aright? Does this man Eadwulf, or Kenric, claim to be free,
or confess himself to be a villeyn?"
"I claim to be a freeman, Sir Yvo; and I demand liberty to prove it,"
cried Kenric. "I warned Sir Foulke d'Oilly, when he seized me in my
cottage by Kentmere, as I can prove by the boy Gilbert, that I am a
freeman, and that were I a villeyn and a fugitive, to make a true
seizure, it must be made by the sheriff."
"Ha! thou didst--didst thou. Thou art learned in the law, it seems."
"It behooves an Englishman, beausire, to know the law by which to
guard his liberty, seeing that it is the dearest thing he hath, under
Heaven. But I am not learned; only I had good advice."
"So it seems. And you deny to be a villeyn, and claim to prove your
liberty?"
Public-domain text, read in full here on John Shaqi.
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