|
Page 164:-
shall cause the prisoner to be brought to the Warden-court,
and there the parties shall challenge, and he that is found
arrester shall challenge first: And if he has any Scotsmen
to witness that he took him prisoner, and first arrested
him, the witnesses of the first arrester shall be of value,
what Scotsmen that ever they be; the arrester and his
witness being bodily sworn, that they shall truth say,
without regard to profit or loss to himself, and without
fraud or favour of any other parties.
IX.
Item. IT is statute and found use of marche, whatever
he be that takes any prisoner, who may lead an 100 men; he
shall not be by him letten to pledge, nor yet ransomed for
fifteen days in time of war, unless he have leave of the
Warden *.
X.
Item, IT is statute and found use of marche, whatever
he be that strikes down a man off horseback in the chace,
suppose he be yielded thereafter to another man, or that
strikes him down through the justing of war; he that strikes
him down shall have half the ransom, so that it be proved.
XI.
Item, IT is statute and found use of marche, that
whatever he be that brings a traitor to the Warden or his
deputy, he shall have his reward an hundred shillings; and
he that puts him away fraudfully, shall underlie the pain of
death for his so doing, like as the traitor should have
done.
XII.
Item, It is found statute and used in the time of
warfare, with respect to bails ‡ burning and keeping,
for coming of an English host into Scotland there shall be a
bail be burned on Traittrow-hill, &c. (with 26 others:)
And to cause these bails to be kept and made, the Sheriff of
Nithsdale, the Stewart of Annandale, and the Stewart of
Kirkcudbright in Galloway shall be debtors; and whoso
keepeth not the bail shall pay for each default one merk.
XIII.
Item, WHOEVER he be, an host of Englishmen coming
into the country, the bails being burned, that follows not
the host on horse or foot, ever till the Englishmen be
passed off Scotland, and that they have sufficient witnesses
thereof; all their goods shall be escheat, and their bodies
at the Warden's will, unless they have lawful excuse for
them.
XIV.
Item, IT is ordained, if there be any Englishmen
taken in Scotland, they shall have no freedom to pass in the
country, farther than the place of their entry, and the
streight way from England to the place, on no man's conduct,
except only our Sovereign Lord's, or the Warden's proper
self: and that they shall come on another conduct to the
very day and place of their entry and payment: and if they
happen to be without conduct, or any Scotsman with them in
name of their taker, he shall be a prisoner of any Scotsman
that may take him.
XV.
Item, THAT no Scotsman, after any host be ridden, or
ready to ride in England, let his prisoner pass home; or
that an host of Englishmen be come in Scotland, and Scotsmen
gathering against them, under the pain of treason.
XVI.
Item, WHOEVER he be that comes to the host without
bow and spear, and there be any parting of goods, two of
them shall be to one bow part.
XVII.
Item, WHOEVER he be, after that they come into the
field, that flees from the lord his master, and his fellows,
and bides not to the uttermost, all his goods shall be
|
Lakes Guides menu.
