But despite the masterful management of men like Cary, such questions as
those we have mentioned continued to occupy the time and attention of the
warden courts. The freebooters on the Border never considered too closely
the minute shades of difference between _meum_ and _tuum_, and were
difficult to persuade that depasturing, or cutting wood in a neighbour's
plantation, was a matter of any real importance. They were at all times
disposed to put a liberal construction on the words--"The earth is the
Lord's and the fulness thereof." Their somewhat loose interpretation of
this ancient Hebrew maxim occasioned them no end of vexation and trouble.
But the settlement of Border affairs on the day of truce did not interfere
with the ancient custom which entitled the person who was robbed to follow
his goods on what was called the _hot-trod_, and mete out summary
punishment to the offender--provided he could overtake him. The warden
also was enjoined, in the Act of 1563, to pursue and chase in hot-trod,
unto such time or place as the fugitives or offender be apprehended, to
bring him again within his own jurisdiction to be punished for the
offence, "as appertaineth;" "and that without let, trouble, or impediment
to be made or done to him by any of the inhabitants of that realm wherein
he pursueth." And if any person should make resistance to the said warden
in the foresaid pursuit he was to be billed for, and delivered to the
warden. In the following of the said chase, in the manner aforesaid, it
was thought convenient, and ordained, that the pursuer shall, at the first
town he cometh by of the opposite realm, or the first person he meeteth
with, give knowledge of the occasion of his chase, and require him to go
with him in the said pursuit. If the offender was caught red-handed he was
executed; but if the desire for gain was stronger than the thirst for
blood, then he was held at ransom. The prey was followed with hound and
horn, hue and cry, the pursuers carrying on the point of their spears a
lighted piece of turf.
Public-domain text, read in full here on John Shaqi.
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