Wager of Battle: A Tale of Saxon Slavery in Sherwood Forest

by Henry William Herbert

But we must not anticipate, nor indeed is there cause to do so; for the days flew; until, after leaving Kendal Castle, the old fortalice of Yvo de Taillebois, who, coming in with the Conqueror, had wedded the sister of the Earls Morcar and Edwin, whence they took their departure as so much nearer to their destination, and journeying four pleasant winter days round the head of Morecambe Bay, they entered the old town of Lancaster. Sir Yvo de Taillebois was borne in a horse-litter, in consequence of his accident, at the head of a dozen knights, his vassals, all armed cap-à-pie; and a hundred spears of men-at-arms followed, with thrice as many of the already famous Kendal archers, escorting a long train of litters, conveying the lady and her female attendants, and a yet longer array of sumpter-mules and pack-horses.

The town was already crowded; but for a party so distinguished as that of Sir Yvo de Taillebois, High-Sheriff of the North-western counties, and chief local officer of the crown, apartments were prepared in the castle, adjoining those of the high justiciary and the itinerant, or, as we should now call them, circuit judges; while his train easily found quarters, some among the garrison of which they formed a part, as of right, and the rest in the vicinity of the castle.

At an early hour in the morning, preceded by trumpets and javelin men, clad in all the magnificence of scarlet and ermine, emblematic of judicial purity, but unencumbered by the hideous perukes of horse-hair which later ages have devised for the disfigurement of forensic dignitaries, the high justiciary, Ranulf de Glanville, followed by his five associate judges, proceeded to the superb oak-wainscoted and oak-groined hall, in which it was used to hold the sittings of "the King's court," at that time the highest tribunal in the realm.

This noble apartment, which was above a hundred feet in length by half that width, and measured sixty feet from the floor to the spring of the open arches, independent of the octagon lantern in the center, beneath which burned nearly a ton of charcoal, in a superb brazier of carved bronze, was crowded from the floor to the light, flying galleries, with all the flower of the Northern counties, ladies as well as knights and nobles, attracted by one of those untraceable but ubiquitous rumors, which so often precede remarkable events, to the effect that something of more than ordinary moment was likely to occur at the present assize. Among this noble assemblage, all of whom rose to their feet, with a heavy rustle of furred and embroidered robes, and a suppressed murmur of applause, as the judges entered, conspicuous on the right-hand side of the nave was Sir Foulke d'Oilly, attended by two or three barons and bannerets of his immediate train, and not less than twenty knights, who held fiefs under him.

What, however, was the astonishment of the assembly, when, after the guard of pensioners, in royal livery, armed with halberts, which followed the judges, Clarencieux, king-at-arms, in his magnificent costume, supported by six pursuivants, in their tabards, with trumpets, made his appearance in the nave, and then two personages, no less than Humphrey de Bohun, Lord High Constable, and William de Warrenne, Earl Mareschal of England, indicating by their presence that the court, about to be held, would be one of chivalry as well as of justice. Sir Yvo de Taillebois, and other officers of the crown, followed in the order; the justiciary and other high dignitaries took their seats, the trumpets sounded thrice, and, with the usual formalities, "the King's court" was declared open.

It was remarked afterward, though at the time no one noticed it, none suspecting the cause, that when the heralds and pomp, indicating the presence of a Court of Chivalry made their appearance, the face of Sir Foulke d'Oilly flushed fiery-red for a moment, and then turned white as ashes, even to the lips; and that he trembled so violently, that he was compelled to sit down, while all the rest were standing.

During the first three days of the assize, though many causes were tried of great local and individual interest, nothing occurred to satisfy the secret and eager anticipations of the excited audience, nothing to account for the unusual combination of civil and military powers on the judicial bench; and though all manner of strange rumors were afloat, there were none certainly that came very near the truth.

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.