Page:The Lay of the Last Minstrel - Scott (1805).djvu/290

 try during the time of truce. Thus, in an indenture made at the water of Eske, beside Salom, the 25th day of March, 1384, betwixt noble Lords and mighty, Sirs Henry Percy, Earl of Northumberland, and Archibald of Douglas, Lord of Galoway, a truce is agreed upon until the 1st day of July; and it is expressly accorded, "Gif ony stellis authir on the ta part, or on the tothyr, that he shall be henget or heofdit; and gif ony cumpany stellis any gudes wthin the trieux beforesayd, 'ane of that company sall be henget or heofdit, and the remanent sall restore the gudys stollen in the double."—History of Westmoreland and Cumberland, Introd. p. xxxix.

In dubious cases, the innocence of Border-criminals was occasionally referred to their own oath. The form of excusing bills or indictments, by Border-oath, ran thus: "You shall swear by heaven above you, hell beneath you, by your part of Paradise, by all that God made in six days and seven nights, and by God himself, you are whart out sackless of art, part, way, witting, ridd, kenning, having, or recetting of any of the goods and cattells named in this bill. So help you God."—History of Cumberland, Introd. p. xxv.

The dignity of knighthood, according to the original institution, had this peculiarity, that it did not flow from the mo-