The Law's Lumber Room (Second Series)Watt, Francis
History
The Law's Lumber Room (Second Series)
Watt, Francis
Law -- Great Britain
Our party crosses in safety and makes to one of those hidden spots,
as near as may be to the scene of action. Here it rests and refreshes
itself during the day, and next night it swoops down on its appointed
foray. The chief quest was ever cattle, which were eatable and
portable. But your moss-trooper was not particular. He took everything
inside and outside house and byre. Many lists are preserved of
things lifted, whereof one notes a shroud and children’s clothes. A
sleuth-hound was a choice prize. Possibly its abduction touched the
Borderer’s sense of humour. Scott of Harden, escaping from a raid, with
“a bow of kye and a bassen’d (brindled) bull,” passed a trim haystack.
He sighed as he thought of the lack of fodder in his own glen. “Had
ye but four feet ye should not stand lang there,” he muttered as he
hurried onwards. Not to him, not to any rider was it given to tarry by
the way, for the dalesmen were not the folk to sit down under outrage.
The warder, as he looked from the “Scots gate” of Carlisle castle, and
saw the red flame leaping forth into the night from burning homestead
or hamlet, was quick to warn the countryside that a reiving expedition
was afoot. Even though the prey were lifted unobserved, that only
caused a few hours’ delay, and soon a considerable body, carrying
a lighted piece of turf on a spear, as a sign, was instant on the
invader’s trace. This “following of the fraye” was called “hot-trod,”
and was done with hound and horn, and hue and cry. Certain privileges
attached to the “hot-trod.” If the offender was caught red-handed he
was executed; or, if thrift got the better of rage, he was held to
ransom. As early as 1276 a curious case is reported from Alnwick, of a
Scot attacking one Semanus, a hermit, and taking his clothes and one
penny! Being presently seized, the culprit was beheaded by Semanus in
person, who thus recovered his goods and took vengeance of his wrong. A
later legend illustrates the more than summary justice that was done.
The Warden’s officers having taken a body of prisoners, asked my Lord
his pleasure. His Lordship’s mind was “ta’en up wi’ affairs o’ the
state,” and he hastily wished the whole set hanged for their untimely
intrusion. Presently he was horrified to find that his imprecations
had been taken as literal commands, and literally obeyed. Even if
the reivers gained their own border, the law of “hot-trod” permitted
pursuit within six days of the offence. The pursuer, however, must
summon some reputable man of the district entered to witness his
proceedings. Nay, the inhabitants generally must assist him--at least,
the law said so.
Public-domain text, read in full here on John Shaqi.
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