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Page 165:-
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-
'man
* The Scots to this day call all kinds of bread corn victuals.
† Women, - the only time any are named.
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