The Law's Lumber Room (Second Series)Watt, Francis
History
The Law's Lumber Room (Second Series)
Watt, Francis
Law -- Great Britain
they put their enemies “to the horn,” as the process of outlawry (by
trumpet blast) was called. True, the indifference with which those
enemies “went to the horn” would scandalise the legal pedants.
Sometimes a superior officer, called “Lieutenant,” was sent to the
Borders; the Wardens were under him; he more fully represented the
royal power. Now and again the Sovereign himself made a progress,
administering a rough and ready justice, and so “dantoning the
thieves of the Borders, and making the rush bush keep the cow.” So
it was said of James V.’s famous raid in 1529. The chief incident
was the capture of Johnie Armstrong of Gilnockie, the ruins of whose
picturesque tower at the Hollows still overlook the Esk. Gilnockie
came to meet his King with a great band of horsemen richly apparelled.
He was captain of Langholm Castle, and the ballad tells how he and
his companions exercised themselves in knightly sports on Langholm
Lee, whilst “The ladies lukit frae their loft windows. ‘God bring our
men well hame agen!’” the ladies said; and their apprehensions were
more than justified, for Johnie’s reception was not so cordial as he
expected. “What wants yon knave that a King should have?” asked James
in angry amaze, as he ordered the band to instant execution. Gilnockie
and company were presently strung up on some convenient yew-trees at
Carlenrig, though, in accordance with romantic precedent, one is said
to have escaped to tell the tale. Many of Johnie’s name, among them Ill
Will Armstrong, tersely described as “another stark thieff,” went to
their doom; but the act, however applauded at Edinburgh, was bitterly
condemned on the Borders. Gilnockie only plundered the English, it
was urged, and the King had caught him by a trick unworthy a Stuart.
The country folk loved to tell how the dule-trees faded away, and
they loved to point out the graves of the Armstrongs in the lonely
churchyard. But the stirring ballad preserves the name better than
all else. It unblushingly commends Gilnockie’s love of honesty, his
generosity, his patriotism, and directly accuses his Sovereign of
treachery, in which accusation there is perhaps some truth. Anyhow,
his execution was the violent act of a weak man, and had no permanent
effect.
The Wardens had twofold duties: first, that of defence against the
enemy; second, that of negotiation in times of peace with their
mighty opposites. Thus the Border laws were part police and part
international, and were administered in different courts. Offences of
the first class were speaking or conferring with Englishmen without
permission of the King or the Warden, and the warning Englishmen of the
Scots’ alertness in the matter of forays. In brief, aiding, abetting,
or in any way holding intercourse with the “auld enemy” was march
treason (to adopt a convenient English term).
Public-domain text, read in full here on John Shaqi.
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