The Law's Lumber Room (Second Series)Watt, Francis
History
The Law's Lumber Room (Second Series)
Watt, Francis
Law -- Great Britain
The most of them have no certain time or place. Even the traditional
stories help but little to make things clear. Yet they tell us more,
and tell it better, than the dull records of the annalists. We know who
these men really were--a strong, resolute race, passionate and proud,
rough and cruel, living by open robbery, yet capable of deathless
devotion, faithful to their word, hating all cowards and traitors to
the death; not without a certain respect and admiration for their likes
across the line, fond of jest and song, equal on occasion to a certain
rude eloquence; and, before all, the most turbulent and troublesome.
The Scots Borderers were dreaded by their own more peaceful countrymen;
and to think of that narrow strip of country, hemmed in by the
Highlands to the north and the Border clans on the south, is to shudder
at the burden _it_ had to endure. For a race, whatever its good
qualities, that lives by rapine, is like to be dangerous to friends as
well as foes. Some Border clans, as the Armstrongs and the Elliots,
were girded at as “always riding”; and they were not particular as to
whom they rode against. Nay, both governments suspected the Borderers
of an inexplicable tenderness for their neighbours. When they took part
in a larger expedition, they would attack each other with a suspicious
lack of heart. At best they were apt to look at war from their own
point of view, and fight for mere prisoners or plunder.
To meet such conditions the Border Laws were evolved. They were
administered in chief by special officers called Wardens. Either Border
was portioned out into three Marches: the East, the Middle, and the
West (the Lordship of Liddesdale was included in the Scots Middle
March, but sometimes it had a special Keeper of almost equal dignity
with a Warden.) Each of the three Scots Wardens had a hundred pounds of
yearly fee; he could appoint deputies, captains of strongholds, clerks,
sergeants, and dempsters; he could call out the full force of his
district to invade or beat back invasion; he represented the Sovereign,
and was responsible for crimes. He must keep the Border clans in order
by securing as hostages several of their most conspicuous sons, and
either these were quartered on nobles on the other side of the Firth,
or they were held in safer keeping in the king’s castles. He also held
Justice Courts for the trial of Scots subjects accused of offences
against the laws of their own country. He was commonly a great noble
of the district, his office in early times being often hereditary;
and, as such noble, he had power of life and death, so that the need
for holding special courts was little felt. A pointed Scots anecdote
pictures an angry Highlander “banning” the Lords of Session as “kinless
loons,” because, though some were relatives, they had decided a case
against him. These Wardens were _not_ “kinless loons,” and they often
used their office to favour a friend or depress a foe. On small pretext
Public-domain text, read in full here on John Shaqi.
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