When assurance had been given by the Scottish warden, a number of Scottish
gentlemen passed over to the other side to demand from the English warden
assurance on his part. These preliminary precautions having been duly
observed, the two parties met, and the business which had brought them
together was at once entered upon. The wardens did not always attend these
meetings in person, their duties occasionally necessitating their
remaining at home, but when unable to be present themselves they were
represented by deputies--men of influence and good social position--who
were thoroughly qualified to deal with any important question that might
arise.
The regulations for the conduct of business at these meetings were
carefully drawn out, and, as a general rule, strictly observed. The
English warden named six Scottish gentlemen to act on his side, and the
Scottish warden the same number of Englishmen to act as the English
assize. These men, who thus constituted the jury, were carefully chosen.
No murderer, traitor, fugitive, infamous person, or betrayer of one party
to another could bear office, or give evidence, but only good and lawful
men deserving of credit and unsuspected.
Each warden, in the presence of the opposite warden and the inhabitants of
both the Marches, "Swore by the High God that reigneth above all Kings and
Realms, and to whom all Christians owe obedience, that he shall (in the
name of God) do, exercise and use his office without respect of person,
Malice, Favour, or Affection, diligently or undelayedly, according to his
Vocation or Charge that he beareth under God and his Prince, and he shall
do justice upon all Complaints presented unto him, upon every Person
complained upon under this Rule. And that, when any complaint is referred
unto him, to swear, fyle, and deliver upon his Honour, he shall search,
enquire, and redress the same at his uttermost power: And that, if it
shall happen in so doing to quit and absolve the persons complained upon
as Clean and Innocent: Yet if he shall any ways get sure Knowledge of the
very Offender, he shall declare him foul of the Offence, and make lawful
Redress and Delivery thereof, albeit the very Offender be not named in the
Complaint: And this Oath of the Wardens not only to be made at the first
Meeting hereafter to ensue, but also to be made every Year once solemnly,
as aforesaid, at the first Meeting after _Mid-summer_, to put them in the
better Remembrance of their Duties, and to place the fear of God in their
Hearts."[39]
The following oath was also administered to the jury:--"Ye shall truly
enquire, and true deliverance make between the Queen's Majesty, and the
prisoners at the Bar, according to the evidence that shall be given in
this Court. As God keep you and Holydome."[40]
Public-domain text, read in full here on John Shaqi.
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