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fairly hummed with pleasure and ex. adjust. Again, it was strangely procitement. Yet with such inflammable vided that "If the accused be not quitt material, do you wonder that the meet- by the oathe of the assize it is a convicing ended now and again in most ad- tion." One very stubborn jury (temp. mired disorder? One famous fray (17th 1596) sat for a day, a night, and a day June, 1575) is commemorated in “The on end, “almost to its undoeinge." The Raid of the Reidswire," a ballad setting warden enraged at such conduct, yet forth many features of a Day of Truce, fearing for the men's lives, needs must

For our Bill of Complaint, it might be discharge them. I ought to mention an tried in more than one way. It might alleged third mode of trial by Vower, be by “the honor of the warden," who who, says Sir Walter Scott, was an umoften had knowledge of the case, per- pire to whom the dispute was referred. sonal or acquired, and felt competent to Rather was he a witness of the acdecide the matter off-band. On his first cused's own nation. Some held such appearance he had taken an oath evidence essential to conviction; for, if (yearly renewed) in presence of the honest, it was practically conclusive. opposite warden and the whole assem- Well! Suppose the case too clear and blage to do justice, and he now officially the man too friendless, and the jury "fyled" or "cleared the bill" (as the "fyled" the bill. If the offence were technical phrase ran) by writing on it capital, the prisoner was held in safe the words:-“Foull (or 'Cleary), as I am custody, and was hanged or beheaded verily persuaded upon my conscience as soon as possible. Eut most affairs and honor"-a deliverance recalling the were not capital. Thus the Border law method wherein individual peers give forbad hunting in the other kingdom, their voice at a trial of one of their without the express leave of the owner order. This did not of necessity end the of the soil. Just such an unlicensed matter; for the complainant could pre- hunting is the theme of "Chevy Chase.” sent a new bill and get the verdict of a Thus:jury thereon, which also was the proper tribunal where the warden declined to The Percy, owt of Northumberland, interfere. It was thus chosen: The En- And a vow to God mayd he, glish warden named and swore in six

That he wolde hunte in the mountayns

Off Cheviot within dayes thre, Scots, the Scots did the like to six En

In the mauger of doughty Douglas. glishmen. The oath ran in these terms:

And all that ever with him be. “Yea shall cleane noe bill worthie to be fild, yea shall file no bill worthie to be The Douglas took a summary mode of cleaned," and so forth. Warden ser- redress, where a later and tamer owner geants were appointed who led the jury had lodged his bill. In a common case to a retired place; the bills were pre- or theft, if the offender were not present sented; and the jurymen fell to work. (the jury would seem to have tried cases It would seem that they did so in two in absence), the warden must produce sections, each considering complaints him the next Day of Truce. Indeed, against its own nationality. If the bill whilst the jury was deliberating, the was "fyled," the word “foull” was officials were going over the bills "filed" written upon it (of course, a verdict of on the last day, and handing over each guilty); but how to get such a verdict culprit to the opposite warden; or under such conditions? The assize had sureties were given for him; or the more than a fellow-feeling for the cul- warden delivered his servant as pledge. prit; like the jury in Ayton's story, they If the pledge died, the body was carried might think that Flodden (then no dis- to the next warden court, tant memory) was not yet avenged. The guilty party, being delivered up. There were divers expedients to this must make restitution within forty end. Commissioners were sometimes days, or suffer death, whilst aggravated appointed by the two crowns to solve a cases of "lifting" were declared capital. difficulty a warden court had failed to in practice a man taken in fight or otherwise was rarely put to death. of a baughle." or where that was imCaptive and captor amicably discussed possible, to fix rules for the thing itself, the question of ransom. That fixed, the Or, the wardens were advised to attend, captive was allowed to raise it; if he with less than a hundred of retinue, to failed, he honorably surrendered. The prevent "Brawling, buklinge, quarrelamount of restitution was the "Double inge, and bloodshed." Such things and Salffye,” to wit, three times the were a fruitful source of what a Scots value of the original goods, two parts act termed “the heathenish and barbeing recompense, and the third costs barous custom of Deadly Feud.” or expenses. Need I say that this triple When one slew his fellow under unfair return was too much for Border hon- conditions, the game of revenge went esty? Sham claims were made, and see-sawing on for generations. The these, for that they obliged the wardens Border legislators had many ingenious "to speire and search for the thing that devices to quench such strife. A never was done,” were rightly deemed warden might order a man complained a great nuisance. As the bills were' of to sign in solemn form a renunciation sworn to, each false charge involved of his feud; and if he refused, he was perjury; and in 1553 it was provided delivered to the opposite warden till he that such rascal claimants should be consented. In pre-Reformation days the delivered over to the tender mercies of Church did something by enjoining the opposite warden. Moreover. a prayer and pilgrimage. A sum of genuine bill might be grossly exagger- money (Assythement) now and again ated (Are claims against insurance and settled old scores; or there might be a railway companies always urged with treaty of peace cemented by marriage. accuracy of detail?); where, if it were Sometimes, again, there was a fight by disputed, the value was determined by permission of the sovereign. (Cf. the a mixed jury of Borderers.

case

parallel

of the clan-duel in I have had occasion to refer to Border “The Fair Maid of Perth.) Still, prefaith. In 1569, the Earl of Northumber- arranged single combats, duels in fact, land was implicated in a rising against were frequent on the Border. Turner, Elizabeth. Fleeing north, he took or Turnie Holme, at the junction of the refuge with an Armstrong, Hector of Kirshope and Liddel, was a favorite Harelaw, who sold him to the Regent spot for them. Murray. Harelaw's name became a And now business and pleasure alike byword and a reproach. He died de- are ended, and the day (fraught with spised and neglected; and “to take anxiety to official minds) is waning Hector's cloak” was an imputation of fast. Proclamation is made that the treachery years after the original story multitude may know the matters transhad faded. Thus, in Marchland the acted. Then it is declared that the deadliest insult against a man was to lord wardens of England and Scotland, say that he had broken faith. The in- and Scotland and England (what tender sult was given in a very formal and de- care for each other's susceptibilities! liberate manner, called a Baugle. The appoint the next Day of Truce, which aggrieved party procured the glove, or ought not to be more than forty days picture, of the traitor, and whenever hence, at such and such a place. Then, there was a meeting (a Day of Truce with solemn salutations and ponderous was too favorable an opportunity to be interchange of courtesy, each party neglected) he gave notice of the breach turns homeward. As noted, the Truce of faith to friend and foe, with blast of lasted till the next sunrise. As the nathe horn and loud cries. The man in- tions were at peace (else had there been sulted must give him the lie in his no meeting), this recognized the fact throat, and a deadly combat ensued. that the Borders were always, more or The Laws of the Marches attempted to less, in a state of trouble. Also it pre. substitute the remedy by bill; that the vented people from violently righting matter might not "Goe to the extremyte themselves forthwith. A curious case.

sooner

in 1596, where this condition was they were severely punished, and needs broken, gave rise to a Border foray of must cower under the now all-powerful the most exciting kind, commemorated crown. The appointment of effective in the famous ballad of "Kinmont wardens presently ceased. In 1606, by Willie.” A Day of Truce had been held the Act I Jac., Cap. I, the English Paron the Kershope Burn, and at its con- liament repealed the anti-Scots laws, op clusion Willie Armstrong of Kinmont, a condition that the Scots Parliament noted Scots freebooter, rode slowly off, reciprocated; and presently a kindred with a few companions. Some taunt, or measure was touched with the Sceptre maybe the mere sight of one who had at Edinburgh. The administration of done them so much wrong, was too the Border was left to the ordinary much for the English party, and Kin- tribunals, and the Laws of the Marches mont was chased, captured, and laid by vanished to the lumber room. the heels in Carlisle Castle. Buccleuch

FRANCIS WATT. was keeper of Liddesdale. He had not been present at the Day of Truce; but when they told him that Kinmonť had been seized "between the hours of night and day," he expressed his anger in no

From The Nineteenth Century.

THE LIMITS OF BIOGRAPHY. uncertain terms:

For many years in England the folHe has ta'en the table wi' his hand,

lies of great men have been held the He garr'd the red wine spring on hie.

property of the fool. No

is And have they ta'en him, Kinmont Willie, genius laid upon its bier than the vulAgainst the truce of Border tide?

tures are ready to swoop, and to drag And forgotten that the bauld Buccleuch

from the dead bones two (or more) volIs keeper here on the Scottish side? umes of what were once most worthily

described as "remains." either canNegotiations failing, Buccleuch deter- celled cheques nor washing bills mined to rescue Kinmont himself. In discarded, and if research may the darkness of a stormy night he and cover a forgotten scandal the bird of his men stole up to Carlisle, broke the prey is happy indeed. With an energy citadel, rescued Kinmont, and carried amazing only for its misdirection, the him off in safety, whilst the English "collector” wanders abroad that he lawyers were raising ingenious tech- may purchase the secrets of poets he nical justifications (you can read them never knew, and may snatch a brief at length in the collection of Border notoriety from the common ridicule, papers) of the capture. Those same wherein he involves an unapproachable papers show that the ballad gives the talent. Thus, by a curious ingenuity, main features of the rescue with sur- Shelley has become a hero of intrigues. prising accuracy. But I cannot linger The amateur of letters overlooks the over its cheerful numbers. The event poet, the intrepid champion of lost might once have provoked a war, but causes, the fearless fighter of other. the shadow of the union was already men's battles. Nor does he interest himcast. James would do nothing to spoil self in the gay, irresponsible, pleasurethe splendid prize almost within his seeking adventurer, quick to grasp, and Elizabeth's statesmen were others and to imagine fantastic plots not like to quarrel with their future against himself. No, he merely puts master.

him in the dock upon a charge of mariWith the death of Elizabeth (1603) tal infidelity, and constituting himself came the union of the crowns, and the at once judge and jury, condemns him Scots riders felt their craft in danger, (in a lecture) to perpetual obloquy. for they forthwith made a desperate in. Thus, too, the gimlet glance of a thoucursion into England, with some idea sand Paul Prys pierces the letters (it is thought) of staying the event. But which John Keats destined only for

are

un

succor

the eye of Fanny Brawne. Thus, too, note everywhere the same fury of dethrough the indiscretion of preteuded tection. The reviews fatten upon the friends, Rossetti has been pictured dead with a ghoulish ferocity; it is alnow as a shivering apostle of senti- most impossible to discover a journal ment, now as an astute, even an un- free from the prevailing frankness: no scrupulous, driver of hard barguins. man's letters are thought too insignifi

To multiply examples were easy, if cant for print; and the Bibliothèque unprofitable. Nor is it difficult to dis- Nationale will soon be too small to concover the motive of this restless curi- tain the vast array of books and pamosity. An interest in letters is neces- phlets which disclose hitherto inviolate sary to a world compelled to read by secrets. The prime heroes of revelaact of Parliament. But compulsion tion are, naturally, Alfred de Musset does not imply understanding, and gos- and George Sand. And they were alsip is far easier of digestion than po- ready the common talk of the marketetry. The revelation of a poet's place; they were France's solitary inintrigue lacks no element of attraction; discretion before the present epidemic it appeals directly to that spirit which of curiosity. Musset, in fact, is the confounds printed matter with litera- Shelley of France. His poems may be ture; it flatters the ambition of those forgotten; it may need the genius of who without toil would feign an inti. Sarah Bernhardt to revivify his plays; macy with the great; and before all but his journey to Venice is still disthings it seems to impart in the guise cussed in railway train and omnibus. of culture a knowledge of life, as it is Nor can it be said that either he or his lived in a sphere of large ideals and accomplice is blameless in the matter. liberal courage.

What wonder is it. Even before they had left Italy behind then, that the tragedy of Harriet and they both displayed a desperate zeal in the misery of Fanny Brawne are fa- the open washing of their dirty linen, miliar to many who

read the No sooner had the disconsolate Musset "Ode to the Skylark," and who could been dismissed by his Lélia than all uot repeat the first line of Keats's “En- the world was in his confidence, and dymion?” Such a study of literature is Lélia was composing masterpieces of a pleasant relief from the hungry con- sentiment that Sainte-Beuve and the sumption of illustrated magazines and rest might be furnished with the last of dextrously assorted snippets. It bulletin. But gossip, however induspampers the same appetite with a fur- trious, was insufficient to proclaim the tive show of refinement, and in En- intimate sentiments of these twin gland at least the greed of irrelevant souls. First Musset was inspired to information has no serious rival save make a public confession of his love, the football field. But it is with a sin- whereupon George Sand cere surprise that you note an increas- pelled, in self-defence, to counter ing taste for literary revelation on the demonstration. The scandalonceawakother side of the Channel. Hitherto ened could not easily be put to rest, France has preserved a suitable dis- and. M. Paul de Musset, with finer zeal dain; she has declined to confuse po- than wisdom, rushed in to champion etry with adultery; she has refused his brother. So that no detail in this most honorably to tear open the letter- picnic of love and hate, this orgie of bags of the great; and her appreciation fever and hysteria, is withheld from of literature has been in consequence the curious. Indeed, it is not the fault all the more dignified and single of the actors if we do not know every minded. But the austerity of French scene of the tedious drama. Alfred, criticism has yielded at last, and its on the one hand, roamed Venice up and very persistence in well-doing intensi- down, while George was dying of fies the disgrace of its ultimate sur- fever; George, on the other, began her render,

flirtation with the ineffable Pagello Reticence being at an end, you may when the poet lay on the verge of niad

never

was

com

a

are

was

a

an

ness, and even threatened the lover to contemplate the love-letters which who had broken her heart with the ter- passed between two persons who, rors of a lunatic asylum. So much apart from their printed works, was already whispered in the ear of a complete strangers to us. Once more confiding public when Madame Colet we are present at a triangular duel came, with the added result of her in which concerns no living man except restigation; then there followed a mob the amiable and amazing Doctor Paof curious physicians, who held each gello. his hand at his victim's pulse, and reg. Now of Doctor Pagello there istered every change of temperature many a dark bint in the ancient conwhich afflicted the sensitive ardor of troversy. But, since he had not yet those unhappy lovers, until at last rushed into the fray with his own little Musset, the refined and elegant, be- bundle of “copy," he alone of the actors came the hero of half-a-dozen cheap in the drama was enveloped in a mysnovels, and was forced through the terious atmosphere of reticence. Howmask of an actor to recite bad verses ever, he too has broken silence at last; in a provincial theatre.

in fact, he first broke silence in 1881, Yet indignity lives in cycles, and for and M. Mariéton finds his restraint rea while the scandal of Venice was for- markable. Yet a sin grows no lighter gotten, only to be revived with fiercer for keeping, and the reflection of half energy and

flood of "documents a century might, with the wisdom of inédits." And to-day the war rages old age, have counselled prudence. more briskly than ever. The Sandistes, Call no man happy, said the Persian led by M. le Vicomte de Spoëlberch de king, until his life is finished; call no Lovenjoul, are prompt in the attack, man discreet until death takes away while M. Maurice Clouard, with the opportunity of betrayal. And yet eager band of Mussetistes at his back, how shall we be angry with Doctor is inexorable in defence. Blame and Pagello? For, though he is beyond the praise are awarded with a liberal hand, hope of pardon, though he has revealed and it does not occur to any single one another's secret, he has added a new of these critics that no one may be an character to fiction and experience. arbiter of another's love or hate. A We have no right to contemplate him, man and a woman engage in an equal but he himself cries for attention, and duel; now he, now she receives the assuredly his own Italy, rich in farce, deeper wound; but each is free to retire provides no more amusing figure. The from the combat at pleasure, and it is one surprising event of his life an idle justice which should find a curred more than sixty years ago. condemnation of either after sixty George Sand, his lover, Alfred de Musyears. However, French literature is set, his defeated rival, have ng since occupied for the moment with the won death and immortality; but Doc“Amoureux de Venise," and in M. Paul tor Pagello remains unknown to the Mariéton these unfortunates have world and constant to his profession. found their historian. In his recently Had he only been able to hold his published "Histoire d'Amour" (Paris: tongue, he might have smiled at the Havard), this writer has investigated past with infinite satisfaction. He the mystery with the diligence of an might have become the Man in the ancient scholiast. Moreover his im- Iron Mask to the amateurs of tittlepartiality is above suspicion; he has tattle. Unhappily temptation proved pat George Sand in one scale, Alfred irresistible. He too, as well as his betde Musset in the other, and he has held ters, had kept a record of his love, the balance with an equal hand. The some fragments of which found their work is well done; but that is not so way into print fifteen years since, and, wonderful as that it should be done not content with a single revelation, he at all. Another flood of rhetoric over- has now surrendered himself a willing wbelms us; once more we are invited subject to the interviewer. And here

707

OC

LIVING AGE.

VOL. XIV.

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