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
When the counsel for the plaintiff rested, and the court adjourned at
ten o'clock, for dinner, not a lawyer in the court, except those
retained in the defense, but looked on the case of Kenric as hopeless;
and the party of Sir Foulke d'Oilly were consequently in high glee.
But when the court reassembled, at noon, Walter Gourlay arose, and
addressed the six judges--
"May it please your lordships, we shall right shortly prove to your
satisfaction and to that of this honorable jury that this case lies in
a nutshell, or rather is no case at all, or shadow of a case. First,
we shall show to you that this person at the bar is not, nor ever was
called, 'Eadwulf the Red,' though there may be some slight similarity
of person between him and his brother, of that name; but that he is,
and has been called from his cradle to this day, 'Kenric the Dark.'
Secondly, we shall show you that this 'Kenric the Dark' was not in
Sherwood Forest, or within fifty miles of it, on the 13th day of
September last passed, or on any day within two months thereof.
Thirdly, we shall show you that this 'Kenric the Dark' is not serf or
villeyn to Sir Foulke d'Oilly, or to any Sir in England; but a free
man, and free tenant of the Lord of Kendal, in the county of
Westmoreland."
Then William of Tichborne, said--"Nay! Brother Gourlay, do not prove
too much against us," and he laughed sneeringly; "else thou wilt
convict our witnesses as mansworn."
And Thomas de Curthose laughed, and said--"Marry will we, and pillory
them for it, likewise."
Then the defense called Bertha, the wife of Werewulf; and an
exceedingly old woman was supported into court, by a younger woman of
exceeding beauty; and, in consideration of her age and infirmities,
she was accommodated with a seat. She was very feeble, and much
emaciated, and her hair was as white as snow; but her figure, though
frail and quivering, was erect as a weather-beaten pine, and her eye
as clear as an eagle's.
"Well, mother, and who art thou?" asked the justiciary, in a kindly
tone, "and what hast thou to tell us in this matter?"
"I am Bertha," she replied, in tones singularly clear and distinct,
"the wife of Werewulf, the son of Beowulf, who was henchman to
Waltheof, who was the Lord of Waltheofstow, before the Normans came to
England."
"A serf to testify in proof of a serf's liberty!" said William of
Tichborne. "Such evidence may not stand."
"She is no serf, my lord," said Gourlay, "but as free as my brother of
Tichborne. Let the Sheriff of Lancaster be sworn."
So, Sir Yvo de Taillebois being sworn in his place, testified:
"Bertha, the wife of Werewulf, is a free woman. I bought her myself,
with her own free consent, of my friend Sir Philip de Morville, and
manumitted her, for reasons of mine own."
"Let Bertha proceed."
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account