WAGER OF BATTLE;
A
TALE OF SAXON SLAVERY
IN
SHERWOOD FOREST.

TO

ISRAEL DE WOLF ANDREWS, ESQ.,

OF EASTPORT, MAINE,

THIS HISTORICAL ROMANCE,

Descriptive of the manners, customs and institutions of our mutual ancestry, Saxon and Norman, at the period of their fusion into the great race, speaking the English tongue, by whatever name, in distant and widely severed isles and continents, it is destined to be known, and illustrative of the nature of Saxon serfdom in the twelfth century of our era, is dedicated, as a slight token of great esteem, of gratitude for many good offices, and of friendship, which, he hopes and wishes, will stand all tests of time and change, unaltered,

By his sincere friend and servant,

HENRY WM. HERBERT.

The Cedars, July 20, 1855.

PREFACE.

It is, perhaps, unfortunate that the period and, in some degree, the scene of my present work, coincide nearly with those of the most magnificent and gorgeous of historical romances, Sir Walter Scott's Ivanhoe.

It is hoped, however, that—notwithstanding this similarity, and the fact that in both works the interest turns in some degree on the contrast between the manners of the Saxon and Norman inhabitants of the isle, and the state of things preceding the fusion of the two races into one—notwithstanding, also, that in each a portion of the effect depends on the introduction of a judicial combat, or "Wager of Battle"—the resemblance will be found to be external and incidental only, and that, neither in matter, manner, nor subject, is there any real similarity between the books, much less any imitation or absurd attempt, on my part, at rivalry with that which is admitted to be incomparable. It will be seen, at once, by those who have the patience to peruse the following pages, that I have aimed at something more than a mere delineation of outward habits, customs, and details of martial or pacific life; that I have entered largely into the condition of classes, the peculiar institution of Serfdom, or White Slavery, as it existed among our own ancestors—that portion of whom, from which our blood is in the largest degree descended, being the servile population of the island—in the twelfth century, and the steps which led to its gradual abolition.

In doing this, I have been unavoidably led into the necessity of dealing with the ancient jurisprudence of our race, the common law of the land, the institution of Trial by Jury, and that singular feature in our old judicial system, the reference of cases to the direct decision of the Almighty by Wager of Battle, or, as it was also called, "the Judgment of God."

I will here merely observe that, while the gist of my tale lies in the adventures and escape of a fugitive Saxon Slave from the tyranny of his Norman Lord, my work contains no reference to the peculiar institution of any portion of this country, nor conceals any oblique insinuation against, or covert attack upon, any part of the inhabitants of the Continent, or any interest guaranteed to them by the Constitution. Nevertheless, I would recommend no person to open a page of this volume, who is prepared to deny that slavery per se is an evil and a wrong, and its effects deteriorating to all who are influenced by its contact, governors alike and governed, since they will find nothing agreeable, but much adverse to their way of thinking.

That it is an evil and a wrong, in itself, and a source of serious detriment to all parties concerned, I can not but believe; and that, like all other wrongs and evils, it will in the end, by God's wisdom, be provided for and pass away, without violence or greater indirect wrong and evil, I both believe and hope.

But I neither arrogate to myself the wisdom of imagining how this is to be peacefully brought about in the lapse of ages, nor hesitate to dissent from the intemperance of those who would cut the Gordian knot, like Alexander, with the sword, reckless if the same blow should sever the sacred bonds that consolidate the fabric of the Union.

Henry Wm. Herbert.

The Cedars, September, 1st., 1855.

CONTENTS.