The Law's Lumber Room (Second Series)Watt, Francis
History
The Law's Lumber Room (Second Series)
Watt, Francis
Law -- Great Britain
In England the Wardens were finally chosen for their political and
military skill, not because of their territorial position. Now, the
Warden of the East Marches was commonly Governor and Castellan of
Berwick. The castle of Harbottell was allotted to the Warden of the
Middle Marches; whilst for the West, Carlisle, where again Governor
and Warden were often one, was the appointed place. Sometimes a Lord
warden-general was appointed, sometimes a Lieutenant, but the Wardens
were commonly independent. At the Warden courts Englishmen were
punished for march treason, a branch of which was furnishing the Scots
with articles of merchandise or war. And here I note that Carlisle
throve on this illegal traffic. At Carlisle Fair the Carlisle burgher
never asked the nationality of man or beast. The first got his money or
its equivalent; the second was instantly passed through the hands of
butcher and skinner. Though the countryside were wasted, the burghers
lay safe within their strong walls, and waxed fat on the spoils of
borderman and dalesman alike. Small wonder the city was “Merrie
Carlisle.” The law struck with as little force against blackmail, or
protection money, which it was an offence to pay to any person, Scots
or English. From this source, Gilnockie and others, coining the terror
of their name, drew great revenue. Another provision was against
marriage with a Scotswoman without the Warden’s consent, for in this
way traitors, or “half-marrows,” arose within the gate. Complete forms
are preserved of the procedure at those Warden courts. There were a
grand jury and an ordinary jury, and the Warden acted very much as a
judge of to-day. One or two technical terms I shall presently explain.
Here I but note that the criminal guilty of march treason was beheaded
“according to the customs of the marches.”
Public-domain text, read in full here on John Shaqi.
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