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escheat, and his person punished as a traitor, at the next
warden court thereafter to be holden.
XVIII.
Item, WHOEVER he be that rieves from any man, his
horse, or prisoner, or goods, after they have been known
unto him, he shall restore them again, and his person
therefore punished as for open treason.
The English laws and customs are nearly the same as the
above, and the laws agreed on by both parties correspond
therewith. In order to give the reader an idea of them in as
few words as possible, I shall copy from Mr Bell the charge
given to the jury sworn at the day of trewes in the time of
Queen Elizabeth; he being, during the most part of her
reign, warden-clerk.
Gentlemen that be sworn, come near and hear your charge.
'First, ye shall enquire of march treason, that is to say,
where any Englishman trists or intercommoneth or bringeth in
any Scotsman to come into this realm, in time of peace or
war, to do any slaughter, to burn, to rob, steal, or to do
any other offence within this realm.
'Also, ye shall enquire if any Englishman aid, recett,
accompany, or side with any Scotsman coming into this realm,
in doing any slaughter, burning, robbing, stealing, or doing
any other offence.
'Also, if any Englishman do give harbour, recett, or convey
any Scotsman, after he hath slain, robbed, burned, or stolen
within this realm, in body, goods, or otherwise.
'Also, ye shall enquire if any Englishman put forth or
support any Scotsman, in time of peace or war, with any
armour or artillery belonging to war, as jacks, splents,
breastplates, brigandens, coats of plate, bills, halberds,
battle-axes, bows, arrows, spears, darts, or any manner of
guns, as serpentines, half-hawks, harquebuzes, curryes,
colyvers, hand guns or daggs, or any other armour,
artillery, or engines belonging to the war, by and means
whereof destruction of any of the Queen's subjects might the
rather ensue and follow, without special licence of the Lord
Warden for the time being, in writing.
'Also, if any Englishman hath given, sold, or put forth any
manner of * victuals, as bread or corn, that is to
say, wheat, rye, bigg, beans, pease, oats, oatmeal, malt, or
any other corn; or barked leather, wool-fell, iron, or any
other merchandise belonging to armour or artillery, either
by water or by land, but only such as have licence of the
Lord Warden.
'Also, ye shall enquire if any Englishman hath sold or put
away any horses, mares, geldings, or nags, at any time, in
fairs, markets, or otherwise, to any Scotsman or †
women, without special licence of the Lord Warden in
writing.
'Also, if any Englishman foreknown do of intent and purpose
sell any horse, mare, gelding, or nagg, unto any other
Englishman that uttereth or selleth the same to any
Scotsman.
'Also, ye shall enquire if any Englishman hath attempted or
done any thing to the breaking of the truce or peace taken
between the Queen's Majesty and the Scots Queen, or the
Commissioners or Wardens, to the subject and liegemen of the
said Scots Queen, as in killing any of them, assaulting,
forreying, or robbing any of them, within the realm of
Scotland.
'Also, if any Englishman hath murdered, assaulted, affrayed,
or robbed any Scotsman within the realm of England, coming
in by the authority of the safe conduct of the said Lord
Warden, his deputy or deputies.
'Also, if any Englishman, in the time of war, hath given
knowledge or intelligence of any exploit of service or
inroad intended or put in use by the Lord Warden, his
officers, or any other Englishman in time of war.
'Also, if any Englishman hath married with any Scotswoman,
or confederate in friendship without the Lord Warden's
licence.
'Also, if any Englishman hath sold, felled, led, or carried
away into the realm of Scotland forth of England, any manner
of timber to build houses withal.
'Also, if any Englishman hath conveyed into the realm of
Scotland any of the coin of silver or gold current in this
realm, plate or bullion, above forty shillings value, at any
one time.
'Also, if any Englishman hath bewrayed the counsel of any
other Englishman, in doing any annoyance to Scotland in time
of war, of malice to the party, and commodity to himself.
'Also, ye shall enquire if any Englishman do convey or make
appointment with any Scots-
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