The dramatist has said that some men are born great, and that others have greatness thrust upon them. We are not prepared to say that only the latter part of the statement applies to the subject of our sketch, for, despite his evil-doing, Kinmont was a man of much natural ability--ability amounting almost to genius. But that he had "greatness thrust upon him" will be readily conceded. His name will always remain associated with one of the most thrilling incidents in Border history. The circumstance which made him famous was this. He had been present at Dayholm, near Kershopefoot, on the occasion of a day of truce, in the month of March, in the year 1596. The business which called them together having been finished, he was returning home, accompanied by a few of his friends, along the banks of the Liddle, when he was suddenly attacked by a body of two hundred English Borderers, led by Salkeld, the deputy of Lord Scrope, the warden of the East March, chased for some miles, captured, tied to the body of his horse and thus carried in triumph to Carlisle castle. They band his legs beneath the steed, They tied his hands behind his back; They guarded him, fivesome on each side, And they brought him ower the Liddel-rack. They led him thro' the Liddel-rack, And also through the Carlisle sands; They brought him to Carlisle castell, To be at my Lord Scrope's commands. This proceeding was clearly in direct violation of Border law, which guaranteed freedom from molestation to all who might be present at a warden court, or day of truce, betwixt sunrise on the one day and sunrise on the next. We can easily understand the overmastering desire of the warden's deputy to lay Kinmont "by the heels," as he had long been notorious for his depredations on the English Border, but it is incumbent on the representatives of the law that they should honour it in their own persons, and, however many crimes might be laid to the charge of the famous freebooter, he was justly entitled to enjoy the freedom, which a wise legal provision had secured, even to the greatest offenders. The excuse given by Scrope for this manifest breach of Border law is an exceedingly lame one. He says:--"How Kinmont was taken will appear by the attestations of his takers, which, if true, 'it is held that Kinmont did thereby break the assurance that daye taken, and for his offences ought to be delivered to the officer against whom he offended, to be punished according to discretion.' Another reason for detaining him is his notorious enmity to this office, and the many outrages lately done by his followers. He appertains not to Buccleuch, but dwells out of his office, and was also taken beyond the limits of his charge, so Buccleuch makes the matter a mere pretext to defer justice, 'and do further indignities.'"[94]