The current case involved a man from Brightlingsea, who as a resident of a village belonging to the king would not normally be subject to the Hundred Court. His name was Bearn and he had brought an action against a woman of Thorrington called Ora, a middle-aged widow. Bearn claimed that a cow, one of three kept by her for milking as her sole source of income, belonged to him. One thing that has not changed over the millennia is that ‘possession is nine-tenths of the law’ and the onus was on Bearn to prove his case. Frankly, his case was not going well. Neither side had a lawyer, something for which that Alan was intensely grateful as he found their obfuscation and verbiage both tiresome and unhelpful. Bearn, as complainant, had opened the giving of evidence as was usual, with members of his frithbogh giving oath as to his honesty and integrity. He and several witnesses gave oath that he possessed half a dozen cows, that one had recently disappeared, that it was black with white markings and that after being told by another man about this cow at Thorrington he had traveled to the village and recognised it.
He gave the formal oath in the required terms. “By the Lord, I accuse not Ora either for hatred or for envy, or for unlawful lust of gain; nor know I anything soother; but as my informant to me said, and I myself in sooth believe, that she was the thief of my property.”
His case, seemingly initially quite strong, had started to fall apart as soon as Ora presented her case. She started with the formal oath denying the allegation “By the Lord, I am guiltless, both in deed and counsel, and of the charge of which Bearn accuses me.” Not being a member of a frithbogh she called the village headman Toland and his deputy Erian to give oath as to her trustworthiness and honesty. Half a dozen witnesses were called to say that since the time of her husband’s death two years previously that Ora had always had three cows, one of which was the cow in dispute. They recognised the cow, having often stood and spoken to Ora while she was milking the animal. Two swore that they had milked the beast themselves when Ora had fallen ill. Most telling, a man from Great Bentley gave evidence that he had sold such an animal to Ora’s husband not long before his death, although he could not swear that he recognised the beast. There was, of course, no documentary proof of the sale as neither vendor nor purchaser were able to write.
Ora concluded, reciting the required oath, “By the Lord, I was not at rede nor at deed, neither counsellor nor doer, where were unlawfully led away Bearn's cattle. But as I cattle have, so did I lawfully obtain it. And as I cattle have, so did it come to my own property and so it by folk-right my own possession is.”
Osmund, Alan’s clerk, had been carefully recording the proceedings verbatim. The three judges retired to the back room with Osmund, to consider the evidence and check several facts and the exact words used by some of the witnesses from Osmund’s rough draft of the transcript. As usual they partook of refreshments, including two quarts of ale apiece, as they considered their verdict.
“There’s no doubt but that Bearn believes his accusation true,” commented Edwold, “But I doubt not the evidence of Ora and her witnesses, even though most are women. She is a widow and a woman of good repute. She would neither steal a cow nor knowingly act as receiver of a stolen animal. More, she has shown that she has had the beast for two years. The cow is hers.”
Leofstan agreed and recommended that, while judgement should be given in favour of Ora, that no bot should be payable by Bearn for making false accusation. Alan, who had carefully avoided making any comment himself so far, as the woman was from his own village, agreed and they returned to the Hall where Leofstan announced the judgement, to the delight of one of the litigants and the chagrin of the other.
It was by then late afternoon, that case having been the third heard that day. Alan’s offer of hospitality to Leofstan and Edwold was accepted, with the three of them strolling to the Alan’s New Hall, Osmund trailing behind clutching a pile of books and rolled parchments, with a bag hanging from his shoulder carrying his pot of ink, quill and unused parchment.
On entering the Hall Alan ushered his guests to the head-table, located close to the unlit fire with its metal canopy and flue. The rushes on the floor had been recently changed and the summer sunlight streamed in through the glass-framed windows which were open to let in the cooling sea breeze. Huscarle Brand was already seated at the table, with a face like thunder and after a few moments Anne hurried in from the private rooms upstairs to welcome the guests. After a brief word of instruction a serving-wench hurried in with five quarts of ale and a pint of fruit-juice, the latter for Anne.
Brand had accompanied to Colchester the wagon loads of money and goods that paid the Hundred taxes due on Mid-Summer Day- 24th June, the Feast of the Nativity of St John. He and the other guards had then taken several days leave in the city, mainly spent drinking in taverns and whoring with ladies of negotiable virtue in houses of excellent repute. He waited until Osmund had taken his place before announcing, “I have ill news, my lord. Earl Waltheof has ridden north with 500 men. Many thegns from the midlands are also riding north. Harold’s bastard sons have raided from Ireland again, this time in Devon. They attacked Stanborough Hundred at the mouth of the River Tavy and were driven off by Count Brian and William Gualdi with the help of the local levies- as with the last raid they received no support from the locals.
“The Danes have raided Dover, taken or burnt most of the ships in the harbour, including the longships you gave to King William, and raided the countryside all about. The town walls kept them out. Then they went on to Sandwich and Canterbury. Merchant ships keep on disappearing off the south-east coast- five from Colchester and six from Ipswich in the last month. The crews of the cogs refuse to sail and goods brought from inland into the ports are piling up on the wharves. The merchants are whining and wringing their hands and claiming they are ruined. Longships were seen off Maldon two days ago.”
Alan exclaimed, “Holy Mary, Mother of God! Things move apace. The four children grow bold.” This was a reference to the fact that Earls Waltheof, Edgar and Morcar were all teenagers, as was Edgar the Aetheling- now crowned king by the Northumbrians in competition with William. “Leofstan and Edwold, we need to meet with the local thegns to discuss matters with them and prevent them from joining the rebels. Waltheof’s agents will soon be swarming to subvert the local men.”
Leofstan gave a small cough before saying, “You presume that myself and Edwold do not favour the English earls. Also, the agents were here last week, have had their say and gone.”
Alan frowned and replied, “Come on Leofstan! There’s no way on God’s Earth that four teenagers can arrange a successful rebellion, put an army in the field and lead it to victory against King William and his barons. The king, fitzOsbern, de Montfort, de Mandeville and the others have been leading armies and fighting and winning battles longer than the Aetheling and the other Earls have been alive. The earls lack the political savvy and the military knowledge to win. William will eat them for breakfast before spitting out their bones and taking an even tighter grasp of the reins!”
“Perhaps so,” said Edwold quietly. “But they have the sympathy of very many men. Not many are powerful men and not many have large retinues or experience of war- but the comprise many, many men. You’re right about lack of leadership. It is, for the English, a pity that all its capable earls except the Godwinsons were contemporaries, that Godwin, Siward, Leofric and Swein all died before Edward, and that Harold and his brothers perished in ’66. You are correct that there is no Englishman able to lead the battle. But some feel that a man must do what his conscience and loyalties dictate, irrespective of the probable outcome. And even if an Englishman can’t lead the battle, perhaps a Dane can. Swein Estrithson, the Danish king, has committed not only his ships but also his men to fight.”