That Kinmont had broken the assurance taken at the warden court is an
assertion in support of which neither has "takers," nor Scrope give a
scintilla of proof. Had such a thing really happened, there surely would
have been no difficulty in establishing the fact; but this is not done, or
even attempted to be done, by those whose interest it was to prove the
accusation up to the hilt. The other reasons adduced for this
unwarrantable proceeding will not bear serious consideration. That Kinmont
bore no goodwill to Scrope or those associated with him in his office, may
be taken for granted; and that he and his friends and associates had been
guilty of many outrages on the English Border, goes without saying. But a
slight examination of the excuses will be sufficient to show that they are
mere subterfuges. The point in dispute is carefully left out of view by
the English warden. No doubt Kinmont richly deserved to suffer the utmost
penalty of the law on the ground of his misdemeanours; but he had been
present at the warden court, where he would never have gone had he not
felt sure that he was amply protected from arrest by the law to which we
have referred. It may be said that nearly every man present on that
occasion, irrespective of nationality, might have been apprehended on the
same general grounds. To use an expressive Scottish phrase--"they were all
tarred with the same stick." It was therefore a direct violation, not only
of the spirit, but of the letter of Border law, for Salkeld to take
Kinmont prisoner. Scrope was clearly in the wrong--a fact of which he
himself seems dimly conscious--as he displayed an amount of temper and
irritability in dealing with the case which seemed to indicate that he
felt the weakness of his position. On the other hand, the "rank reiver,"
who had been thus suddenly and unceremoniously "clapped in jail," accepted
the situation with a singular amount of philosophical indifference. He
felt sure that the deed would not go unavenged, that his friends, and he
had many of them, would leave no stone unturned in order to effect his
release. The balladist finely represents him as saying--
My hands are tied, but my tongue is free,
And whae will dare this deed avow?
Or answer by the Border law?
Or answer to the bold Buccleuch?
"Now haud thy tongue, thou rank reiver!
There's never a Scot shall set thee free;
Before ye cross my castle yate,
I vow ye shall take farewell o' me."
"Fear na ye that, my lord," quo' Willie;
"By the faith o' my body, Lord Scroope," he said,
"I never yet lodged in hostelrie,
But I paid my lawing before I gaed."
An account of what had happened was speedily conveyed to Branxholme, where
the Bold Buccleuch was residing. When he heard what had occurred he was
highly indignant. The picture drawn by the balladist is graphic in the
extreme. For intense realism it has rarely ever been surpassed--
Public-domain text, read in full here on John Shaqi.
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