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
On the fourth morning, however, the crier, at command of the court,
called Sir Foulke d'Oilly; who, presently appearing, stated that he
was there, in pursuance of the king's order, to prosecute his claim to
the possession of one Eadwulf the Red, alias Kenric, a fugitive
villeyn, who had fled from his manor of Waltheofstow, within the
precincts of Sherwood Forest, against his, Sir Foulke d'Oilly's, will;
and who was now in the custody of the sheriff of the county. He
concluded by appointing Geoffrey Fitz Peter and William of Tichborne,
two sergeants, learned in the law, as his counsel.
The sheriff of the county was then called into court, to produce the
body of the person at issue, and Kenric was placed at the bar, his
bondsmen surrendering him to take his trial.
Sir Yvo de Taillebois then stated the preliminary proceedings, the
arrest of Kenric by seizure, his purchasing a writ _de libertate
probanda_; and that, whereas he, the Sheriff, might not try that
question in his court, it was now brought up before the Eyre of
justices for trial.
Kenric was then called upon to plead, which he did, by claiming to be
a free man, and desiring liberty to prove the same before God and a
jury of his countrymen.
The sheriff was thereupon commanded to impannel a jury; and this was
speedily accomplished, twelve men being selected and sworn, six of
whom were belted knights, two esquires of Norman birth, and four Saxon
franklins, as they were now termed, who would have been thanes under
their ancient dynasty, all free and lawful men, and sufficient to form
a jury.
Then, the defendant in the suit being a poor man, and of no substance,
counsel, skilled in the law, were assigned him by the court, Thomas de
Curthose, and Matthew Gourlay, that he might have fair show of
justice; and so the trial was ordered to proceed.
Public-domain text, read in full here on John Shaqi.
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