The duties pertaining to this office may be described as of a twofold
nature--the maintenance of law and order, and the protection of the
districts against the encroachments and inroads of the enemy. "In the
first capacity," as has been remarked, "besides their power of control and
ministerial administration, both as head stewards of all the crown
tenements and manors within their jurisdiction, and as intromitting with
all fines and penalties, their judicial authority was very extensive. They
held courts for punishment of high treason and felony, which the English
Border laws classed under the following heads:--
I. The aiding and abetting of any Scottishman, by communing, appointment,
or otherwise, to rob, burn, or steal, within the realm of England.
II. The accompanying personally, of any Scottishman, while perpetrating
any such offences.
III. The harbouring, concealing, or affording guidance and protection to
him after the fact.
IV. The supplying Scottishmen with arms and artillery, as jacks, splents,
brigantines, coats of plate, bills, halberds, battle-axes, bows and
arrows, spears, darts, guns, as serpentines, half-haggs, harquibusses,
currys, cullivers, hand-guns, or daggers, without special licence of the
Lord-warden.
V. The selling of bread and corn of any kind, or of dressed leather, iron,
or other appurtenances belonging to armour, without special licence.
VI. The selling of horses, mares, nags, or geldings to Scottish men,
without licence as aforesaid.
VII. The breach of truce, by killing or assaulting subjects and liege-men
of Scotland.
VIII. The assaulting of any Scottishman having a regular pass or
safe-conduct.
IX. In time of war the giving tidings to the Scottish of any exploit
intended against them by the warden or his officers.
X. The conveying coined money, silver or gold, also plate or bullion, into
Scotland, above the value of forty shillings at one time.
XI. The betraying (in time of war) the counsel of any other Englishman
tending to the annoyance of Scotland, in malice to the party, and for his
own private advantage.
XII. The forging the coin of the realm.
XIII. The making appointment and holding communication with Scotchmen, or
intermarrying with a Scottish woman, without licence of the wardens, and
the raising of no fray against them as in duty bound.
XIV. The receiving of Scottish pilgrims with their property without
licence of the wardens.
XV. The failing to keep the watches appointed for the defence of the
country.
XVI. The neglecting to raise in arms to the fray, or alarm raised by the
wardens or watches upon the approach of public danger.
XVII. The receiving or harbouring Scottish fugitives exiled from their own
country for misdemeanours.
XVIII. The having falsely and unjustly _fould_ (_i.e._, found true and
relevant) the bill of any Scotchman against an Englishman, or having borne
false witness on such matters.
Public-domain text, read in full here on John Shaqi.
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