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'set upon them. Some hurt was done; but I gave special order
that they should do as little hurt, and shed as little blood
as possibly they could. They observed my command, only they
broke all their carts, and took a dozen of the principal
gentlemen that were there, and brought them to me to
Witherington, where I then lay. I made them welcome, and
gave the best entertainment that I could. They lay in the
castle two or three days, and so I sent them home; they
assuring me, that they would never hunt there again without
leave, which they did truly perform all the time I stayed
there; and I many times met them myself, and hunted with
them two or three days; and so we continued good neighbours
ever after. But the Scots King complained to Queen Elizabeth
very grievously of this fact. The Queen and Council liked
very well what I had done; but to give the King some
satisfaction to content him, my two officers were committed
to the Bishop of Durham's, there to remain prisoners during
her Majesty's pleasure. Within a fortnight I had them out
again, and there was no more of this business.'
I shall conclude this account of the Border Laws, with an
act passed in 1662, intitled "An act for preventing of theft
and rapine upon the Northern Borders of England," which was
explained by two subsequent acts of Charles II.
'Whereas a great number of leud, disorderly, and lawless
persons, being thieves and robbers, who are commonly called
Moss-troopers, have successively, for many and sundry years
last past, been bred, resided in, and frequented the borders
of the two respective counties of Northumberland and
Cumberland,and the next adjacent parts of Scotland; and they
taking the opportunity of the large and waste ground, heaths
and mosses, and the many intricate and dangerous ways and by
paths in those parts, do usually, after the most notorious
crimes committed by them, escape over from one kingdom into
the other respectively, and so avoid the hand of justice, in
regard the offences done and perpetrated in the one kingdom
cannot be punished in the other:
'And whereas, since the time of the late unhappy
distractions, such offences and offenders, as aforesaid,
have exceedingly more increased and abounded, and the
several inhabitants of the said respective counties have
been, for divers years last past, necessitated, at their own
free and voluntary charge, to maintain several parties of
horse for the necessary defence of their persons, families,
and goods, for bringing the offenders to justice: And
whereas most part of the inhabitants of the said counties,
being more remote from the borders than other parts, and
consequently no so much exposed to imminent dangers as
others, are therefore unwilling to contribute their
proportionate parts of the aforesaid charge; and yet,
notwithstanding, it cannot probably or possibly be avoided,
but that those inhabitants of the respective counties, who
hold themselves most secure, must certainly sustain much
damage and detriment in their goods and estates, in case the
aforesaid Moss-troopers be not timely suppressed, but
suffered to grow numerous, strong, and potent, which they
must needs do, in case there be no restraint upon them:
'It is therefore enacted, that the justices of the peace in
sessions shall have power to order an assessment on every of
the inhabitants of the said counties, for the safeguard of
the said several counties and inhabitants thereof, from all
injury, violence, spoil, and rapine of the Moss-trooper
aforesaid; so as Northumberland be not charged above L.500 a
year, nor Cumberland above L.200: And the said justices
shall have power to employ any person, to be chosen by them
yearly, or every two years at the furthest, to have the
command of a certain number of men, not exceeding thirty in
Northumberland and twelve in Cumberland, whereby the
malefactors may be searched out, apprehended, and brought to
trial; and such malefactors, being convicted of theft in the
said counties respectively, shall not have the benefit of
the clergy: And the said justices shall take security of the
person by them employed in the said service, to answer the
damages sustained by any person by his neglect or default,
and to pay the same within four months after proof thereof
made on oath at the Sessions; so as the goods stolen be
entered in one of the books to be kept for that purpose,
within 48 hours after the same shall be stolen or gone;
which books shall be kept for that end in every market town
of the respective counties, and at such other convenient
places therein, and by such persons as the justices in
Sessions shall appoint.'
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