affairs on the day of truce did not interfere
with the ancient custom which entitled the person who was robbed to follow
his goods on what was called the _hot-trod_, and mete out summary
punishment to the offender--provided he could overtake him. The warden
also was enjoined, in the Act of 1563, to pursue and chase in hot-trod,
unto such time or place as the fugitives or offender be apprehended, to
bring him again within his own jurisdiction to be punished for the
offence, "as appertaineth;" "and that without let, trouble, or impediment
to be made or done to him by any of the inhabitants of that realm wherein
he pursueth." And if any person should make resistance to the said warden
in the foresaid pursuit he was to be billed for, and delivered to the
warden. In the following of the said chase, in the manner aforesaid, it
was thought convenient, and ordained, that the pursuer shall, at the first
town he cometh by of the opposite realm, or the first person he meeteth
with, give knowledge of the occasion of his chase, and require him to go
with him in the said pursuit. If the offender was caught red-handed he was
executed; but if the desire for gain was stronger than the thirst for
blood, then he was held at ransom. The prey was followed with hound and
horn, hue and cry, the pursuers carrying on the point of their spears a
lighted piece of turf.
The business of the warden courts was conducted with despatch. When all
the bills had been either "fouled" or "cleared," those who had been found
guilty of "March Treason" were brought up for sentence. The lord warden
called on him whose office it was to see the prisoners suffer, and thus
addressed him:--"I command you in the Queen's Majesty's name that ye see
execution done upon these prisoners, according to the Law of the Marches,
at your peril." Then addressing the prisoners he said:--"Ye that are
adjudged by the Law of the Realm to die, remember that ye have but a short
time to live in this world; therefore earnestly call to God, with penitent
hearts, for mercy and forgiveness of your sinful lives; repent ye have
broken God's commandments, and be sorry therefor, and for that ye did not
fear the breach and dangers of the Law, therefore your bodies must suffer
the pain of death, provided to satisfy the reward of your Fact in this
world; yet the salvation of your soul's health for the world to come,
stands in the great mercy of Almighty God: Wherefore do ye earnestly
repent and a
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