The duty thus laid upon the wardens of searching for fugitives was one
which was generally undertaken _con amore_, not merely on account of the
fact that it was naturally agreeable to these officers to detect and
punish crime, but also because in such circumstances it was greatly to
their advantage to do so. A law was passed ordaining that when a fugitive
entered with his goods into the opposite realm, the warden who captured
him, and handed him over to be punished for his offence, _was entitled to
retain the goods for his labour_. Should he not succeed in apprehending
the fugitive, then the goods had to be returned to the warden of the realm
from which they came. This was a wise arrangement, and on the whole proved
fairly effective.
As offences against the law were numerous and frequent, it was statute and
ordained that a "Day of Truce" should be held every month, or oftener,
when the wardens of the Marches opposite each other should meet for the
discussion and adjustment of their respective claims, and the punishment
of evil-doers. The date and place of this meeting was made known to the
inhabitants of the Marches by proclamation being made in all the market
towns. Notice was also sent to the lords, knights, esquires, and
gentlemen, commanding them, along with a sufficient number of their
tenants and servants, well mounted and fully armed, to repair the night
before and attend upon the warden at the day of truce.[38]
Early on the morning of the following day this imposing cavalcade might be
seen wending its way towards the place of rendezvous. This was generally
some convenient spot near the Border, most frequently on the Scottish
side. When the wardens and their friends came within hailing distance of
each other, a halt was called, and the English warden sent forward four or
five gentlemen of good repute to demand from the Scottish warden "that
assurance might be kept" until the sunrise of the following day. According
to a statement made on the authority of Sir Robert Bowes, the reason of
this particular form of procedure was "because the Scots did always send
their ambassadors first into England to seek for peace after a war.
Therefore both the particular days of truce are usually kept either at
places even on the confines of the Marches, or else at places within the
realm of Scotland, and also the English warden and other officers were
always used to send first for the assurance as aforesaid."
Public-domain text, read in full here on John Shaqi.
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