s, and abode not in the
field to the uttermost, his goods were forfeited, and his person liable to
punishment as a traitor.

XVIII. Whoever bereft his comrade of horse, spoil, or prisoner, was liable
in the pains of treason, if he did not make restitution after the right of
property became known to him."[37]

These military regulations, at once minute and comprehensive, were drawn
up by William, Earl of Douglas, with the assistance of some of the most
experienced Marchmen; and, with the necessary alterations, were adopted by
the English--thus indicating that they were thoroughly in harmony with the
military spirit of the age on both sides of the Border.

VI.

THE DAY OF TRUCE.

"Our wardens they affixed the day,
And as they promised so they met.
Alas! that day I'll ne'er forget!"

OLD BALLAD.

The arrangements made for dealing with offences against Border law, though
of a primitive, were by no means of an ineffective, character. All things
considered, they were perhaps as good as could have been devised in the
circumstances. During the period when Border reiving was most rampant,
though the population was by no means sparse, little or no provision had
been made for detaining prisoners in custody. The jails were few and far
between, and such as were available were generally in such an insecure and
ruinous state that, unless strongly guarded, they were almost useless for
the purpose for which they existed. But imprisonment had other
inconveniences which militated against its being resorted to with much
frequency. Prisoners had to be provided for when under "lock and key,"
and, as provisions were difficult to procure, it was generally found more
advantageous to leave those who had broken the laws to "fend" for
themselves until such times as they were wanted. As might be expected in
such circumstances, the accused person not unfrequently took "leg-bail,"
and passed into another district, or, perhaps, crossed the Border, and
sought refuge among the enemies of his country and his clan. This
expedient, in those lawless and disordered times, was no doubt
occasionally successful--for the nonce--but sooner or later the evil-doer
was either betrayed by the enemy, or, resuming his old habits--which was
almost a necessity--brought himself under the special notice of the warden
of the district to which he had fled. He thus placed himself, as it were,
between two fires, and