The Law's Lumber Room (Second Series)Watt, Francis
History
The Law's Lumber Room (Second Series)
Watt, Francis
Law -- Great Britain
And now business and pleasure alike are ended, and the day (fraught
with anxiety to official minds) is waning fast. Proclamation is made
that the multitude may know the matters transacted. Then it is declared
that the Lord Wardens of England and Scotland, and Scotland and England
(what tender care for each other’s susceptibilities!) appoint the
next Day of Truce, which ought not to be more than forty days hence,
at such and such a place. Then, with solemn salutations and ponderous
interchange of courtesy, each party turns homeward. As noted, the Truce
lasted till the next sunrise. As the nations were at peace (else had
there been no meeting), this recognised the fact that the Borders
were always, more or less, in a state of trouble. Also it prevented
people from violently righting themselves forthwith. A curious case in
1596, where this condition was broken, gave rise to a Border foray of
the most exciting kind, commemorated in the famous ballad of _Kinmont
Willie_. A Day of Truce had been held on the Kershope Burn, and at its
conclusion Willie Armstrong of Kinmont, a noted Scots freebooter, rode
slowly off, with a few companions. Some taunt, or maybe the mere sight
of one who had done them so much wrong, was too much for the English
party, and Kinmont was speedily laid by the heels in Carlisle Castle.
Buccleuch was Keeper of Liddisdale. He had not been present at the Day
of Truce; but when they told him that Kinmont had been seized “between
the hours of night and day,” he expressed his anger in no uncertain
terms:
He has ta’en the table wi’ his hand,
He garr’d the red wine spring on hie.
* * * *
And have they ta’en him, Kinmont Willie,
Against the truce of Border tide?
And forgotten that the bauld Buccleuch
Is keeper here on the Scottish side?
Negociations failing to procure redress, Buccleuch determined to rescue
Kinmont himself. In the darkness of a stormy night he and his men stole
up to Carlisle, broke the citadel, rescued Kinmont, and carried him off
in safety, whilst the English lawyers were raising ingenious technical
justifications (you can read them at length in the collection of Border
Papers) of the capture. Those same papers show that the ballad gives
the main features of the rescue with surprising accuracy. But I cannot
linger over its cheerful numbers. The event might once have provoked
a war, but the shadow of the Union was already cast. James would do
nothing to spoil the splendid prize almost within his grasp, and
Elizabeth’s statesmen were not like to quarrel with their future master.
Public-domain text, read in full here on John Shaqi.
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