made further immunity from prosecution practically
impossible. When it came to the knowledge of the warden that an accused
person had passed into another wardenry, he at once certified the warden
opposite, requiring him to apprehend and deliver the prisoner with all
possible speed; and he was bound, after receiving this notice, to make
proclamation throughout his wardenry "by the space of six days after of
the said fugitive," and also to certify the other two wardens of the realm
"to proclaim the fugitive throughout all the bounds of their wardenries,
so that none could proclaim ignorance, or excuse themselves when charged
with the wilful receipt of the aforesaid fugitive so proclaimed."
The duty thus laid upon the wardens of searching for fugitives was one
which was generally undertaken _con amore_, not merely on account of the
fact that it was naturally agreeable to these officers to detect and
punish crime, but also because in such circumstances it was greatly to
their advantage to do so. A law was passed ordaining that when a fugitive
entered with his goods into the opposite realm, the warden who captured
him, and handed him over to be punished for his offence, _was entitled to
retain the goods for his labour_. Should he not succeed in apprehending
the fugitive, then the goods had to be returned to the warden of the realm
from which they came. This was a wise arrangement, and on the whole proved
fairly effective.
As offences against the law were numerous and frequent, it was statute and
ordained that a "Day of Truce" should be held every month, or oftener,
when the wardens of the Marches opposite each other should meet for the
discussion and adjustment of their respective claims, and the punishment
of evil-doers. The date and place of this meeting was made known to the
inhabitants of the Marches by proclamation being made in all the market
towns. Notice was also sent to the lords, knights, esquires, and
gentlemen, commanding them, along with a sufficient number of their
tenants and servants, well mounted and fully armed, to repair the night
before and attend upon the warden at the day of truce.[38]
Early on the morning of the following day this imposing cavalcade might be
seen wending its way towards the place of rendezvous. This was generally
some convenient spot near the Border, most frequently on the Scottish
side. When the wardens and their friends came within hailing distance of
each other, a halt was call
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