The Law's Lumber Room (Second Series)Watt, Francis
History
The Law's Lumber Room (Second Series)
Watt, Francis
Law -- Great Britain
In the century preceding the Union of the Crowns, the international
code was very highly developed, and the procedure was strictly defined.
As England was the larger nation, and as its law was in a more highly
developed and more firm and settled state, its methods were followed
on the whole. The injured party sent a bill of complaint to his own
Warden; and the bill, even as put into official form, was simplicity
itself. It said that A. complained upon B. for that--and then followed
a list of the stolen goods, or the wrongs done. It was verified by
the complainant’s oath, and thereafter sent to the opposite Warden,
whose duty was to arrest the accused or at least to give him notice to
attend on the next Day of Truce. [One famous fray (June 17, 1575) is
commemorated in _The Raid of the Reidswire_, a ballad setting forth
many features of a Day of Truce.] The Wardens agreed on the Day, and
the place was usually in the northern kingdom, where most of the
defendants lived. The meeting was proclaimed in all the market towns
on either side. The parties, each accompanied by troops of friends,
came in; and a messenger from the English side demanded that assurance
should be kept till sunrise the following day. This was granted by the
Scots, who proceeded to send a similar message, and were presently
secured by a similar assurance. Then each Warden held up his hand as a
sign of faith, and made proclamation of the Day to his own side (the
evident purpose of this elaborate ritual was to keep North and South
from flying, on sight, at each other’s throats). The English Warden
now came to his Scots brother, whom he saluted and embraced; and the
business of the Day of Truce (or Diet, or Day Marche, or Warden Court,
as it was variously called) began. That business was commerce, and
pleasure, as well as law. Merchants come with their wares; booths
were run up; a brisk trade ran in articles tempting to the savage
eye. Both sides were ready for the moment to forget their enmities.
If they could not fight, they could play, and football was ever your
Borderers’ favourite pastime (from the desperate mauls which mark that
exhilarating sport as practised along the Border line, one fancies
that the “auld riding bluid” still stirs in the veins of the players).
Gambling, too, was a popular excitement. There was much of feasting
and drinking, and sure some Border Homer, poor and old and blind, even
as him of Chios, was there to charm and melt his rude hearers with the
storied loves and wars of other days. The conclave fairly hummed with
pleasure and excitement. Yet with such inflammable material, do you
wonder that the meeting ended now and again in most admired disorder?
Public-domain text, read in full here on John Shaqi.
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