V. If a soldier followed the chase on a horse belonging to his comrade,
the owner of the horse enjoyed half the booty; and if he fled upon such a
horse, it was to be delivered to the sheriff as a waif on his return home,
under pain of treason.
VI. He that left the host after victory, though for the purpose of
securing his prisoner, lost his ransom.
VII. Any one seizing his comrade's prisoner was obliged to find security
in the hands of the warden-serjeant. Disputed prisoners were to be placed
in the hands of the warden, and the party found ultimately wrong to be
amerced in a fine of ten pounds.
VIII. Relates to the evidence in case of such dispute. He who could bring
his own countrymen in evidence, of whatsoever quality, was preferred as
the true captor; failing this mode of proof, recourse was had to the
prisoner's oath.
IX. If the prisoner was of such a rank as to lead a hundred men, he was
either to be dismissed upon security or ransomed, for the space of fifteen
days, without leave of the warden.
X. He who dismounted a prisoner was entitled to half of his ransom.
XI. Whosoever detected a traitor was entitled to a reward of one hundred
shillings; whoever aided his escape, suffered the pain of death.
XII. Relates to the firing of beacons in Scotland: the stewards of
Annandale and Kirkcudbright were liable in the fine of one merk for each
default in the matter.
XIII. He who did not join the army of the country upon the signal of the
beacon lights, or who left it during the English invasion without lawful
excuse, his goods were forfeited, and his person placed at the warden's
will.
XIV. In the case of any Englishman being taken in Scotland, he was not
suffered to depart under any safe conduct save that of the King or warden;
and a similar protection was necessary to enable him to return and treat
of his ransom.
XV. Any Scottishman dismissing his prisoner, when a host was collected
either to enter England or defend against invasion, was punished as a
traitor.
XVI. In the partition of spoil, two portions were allowed to each bowman.
XVII. Whoever deserted his commander and comrades, and abode not in the
field to the uttermost, his goods were forfeited, and his person liable to
punishment as a traitor.
XVIII. Whoever bereft his comrade of horse, spoil, or prisoner, was liable
in the pains of treason, if he did not make restitution after the right of
property became known to him."[37]
These military regulations, at once minute and comprehensive, were drawn
up by William, Earl of Douglas, with the assistance of some of the most
experienced Marchmen; and, with the necessary alterations, were adopted by
the English--thus indicating that they were thoroughly in harmony with the
military spirit of the age on both sides of the Border.
VI.
THE DAY OF TRUCE.
"Our wardens they affixed the day,
And as they promised so they met.
Alas! that day I'll ne'er forget!"
OLD BALLAD.
Public-domain text, read in full here on John Shaqi.
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