Another formidable difficulty with which the wardens had to contend on
these occasions, was in estimating the value of the goods for which
redress was claimed. In making up a bill the complainant was strongly
tempted to put an absurd value on the gear, or cattle, which had been
stolen from him. Had he always got as much as he claimed he would soon
have been enormously enriched by the loss of his property! The
commissioners were therefore under the necessity of drawing out a scale of
charges for the guidance of the warden courts. The following are the
prices fixed by this tribunal:--"Every Ox, above Four Year old, Fourty
Shillings Sterling; every Cow, above Four Year old, Thirty Shillings
Sterling; and every Young Cow, above Two Years old, Twenty Shillings
Sterling; every other Beast, under Two Years old, Ten Shillings Sterling;
every old Sheep, Six Shillings Sterling; and every Sheephogge, Three
Shillings Sterling; every old Swine, above One Year old, Six Shillings
Sterling; every young Swine, Two Shillings Sterling; every Goat, above One
Year old, Five Shillings Sterling; every young Goat, Two Shillings
Sterling; and every Double Toope to be valued after the rate of the
Single."[42]
These prices, judged by the standard of the present day, seem absurdly
low, but they may be accepted as representing the average rate of prices
obtainable, three hundred years ago, for the various classes of stock
mentioned.
It was the duty of the wardens to have the offenders in custody, against
whom bills had been presented, in readiness to answer, and in case the
bills were "fouled" he was bound to deliver them up to the opposite
warden, by whom they were imprisoned until they had paid a _single and two
doubles_, that is to say, treble the value of the estimated goods in the
bill. To produce these men was generally the most difficult part of the
warden's duty. He could not keep them in confinement until the day of
truce, for, independently they were sometimes persons of power and rank,
their numbers were too great to be retained in custody. The wardens,
therefore, usually took bonds from the Chief, kinsmen, or allies of the
accused party, binding him or them to enter him prisoner within the iron
gate of the warden's castle, or else to make him forthcoming when called
for. He against whom a bill was twice fouled, was liable to the penalty of
death. If the offender endeavoured to rescue himself after being lawfully
delivered over to the opposite warden, he was liable to the punishment of
death, or otherwise at the warden's pleasure, as being guilty of a breach
of the assurance.[43]
Public-domain text, read in full here on John Shaqi.
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