The Law's Lumber Room (Second Series)Watt, Francis
History
The Law's Lumber Room (Second Series)
Watt, Francis
Law -- Great Britain
The Percy owt of Northumberland,
And a vow to God mayd he,
That he wolde hunte in the mountayns
Off Cheviot within dayes thre,
In the mauger of doughty Douglas,
And all that ever with him be.
Douglas took a summary mode of redress where a later and tamer owner
had lodged his bill. In a common case of theft, if the offender were
not present (the jury would seem to have tried cases in absence), the
Warden must produce him at the next Day of Truce. Indeed, whilst the
jury was deliberating, the officials were going over the bills “filed”
on the last Day, and handing over each culprit to the opposite Warden;
or sureties were given for him; or the Warden delivered his servant as
pledge. If the pledge died, the body was carried to the next Warden
Court.
The guilty party, being delivered up, must make restitution within
forty days or suffer death, whilst aggravated cases of “lifting”
were declared capital. In practice a man taken in fight or otherwise
was rarely put to death. Captive and captor amicably discussed the
question of ransom. That fixed, the captive was allowed to raise it;
if he failed he honourably surrendered. The amount of restitution
was the “Double and Salffye,” to wit, three times the value of the
original goods, two parts being recompense, and the third costs or
expenses. Need I say that this triple return was too much for Border
honesty? Sham claims were made, and these, for that they obliged the
Wardens “to speire and search for the thing that never was done,” were
rightly deemed a great nuisance. As the bills were sworn to, each
false charge involved perjury; and in 1553 it was provided that the
rascal claimants should be delivered over to the tender mercies of the
opposite Warden. Moreover, a genuine bill might be grossly exaggerated
(are claims against insurance and railway companies always urged with
accuracy of detail?). If it were disputed, the value was determined by
a mixed jury of Borderers.
Public-domain text, read in full here on John Shaqi.
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