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 made further immunity from prosecution practically
impossible. When it came to the knowledge of the warden that an accused
person had passed into another wardenry, he at once certified the warden
opposite, requiring him to apprehend and deliver the prisoner with all
possible speed; and he was bound, after receiving this notice, to make
proclamation throughout his wardenry "by the space of six days after of
the said fugitive," and also to certify the other two wardens of the realm
"to proclaim the fugitive throughout all the bounds of their wardenries,
so that none could proclaim ignorance, or excuse themselves when charged
with the wilful receipt of the aforesaid fugitive so proclaimed."
Public-domain text, read in full here on John Shaqi.
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