either fear of God nor man, which is the chief
cause of the said thefts. And that the said thieves and "broken men"
commit daily "thefts, reifs, herschips, murders, and fire raisings" upon
the peaceable subjects of the country, "besides also takes sundrie of
them," detains them in captivity as prisoners, ransoms them, "or lettis
them to borrowis for their entrie again." In like manner, it is said,
divers subjects of the inland, take and sit under their assurance paying
them blackmail, and permitting them to "reif, herrie, and oppress their
nichtbouris" with their knowledge and in their sight, without resistance
or contradiction.

To remove these inconveniences it was statute and ordained that whoever
receipted, fortified, maintained, or gave meat, harbourage, or assistance
to any thieves in their theftuous stealing or deeds, either coming
thereto, or passing therefrom, or intercommunes or trysts with them,
without licence of the keeper of the country, where the thief remains
shall be called therefore at particular diets "criminally other airt and
pairt in their theftuous deeds," or proceeded against civilly, after
fifteen days warning, "without diet or tabill." It was further ordained
under pain of lese majesty, that no true and faithful lieges taken by
these men should be holden to enter to them, all bonds to the contrary
notwithstanding. And if anyone should happen to take and apprehend any of
the said thieves, either in passing to commit said theft, or in the actual
doing thereof, or in their returning thencefrom, he was in no case to set
them at liberty; but to present them before the Justice, and his deputies
in the tolbooth of Edinburgh, within fifteen days, "gif their takeris
justifye them not to the death them selfis." Further, it was ordained that
none take assurance, or sit under assurance of said thieves, or pay them
blackmail, or give them meat or drink, under pain of death. In like
manner when thieves repaired to steal or reive within the incountry the
lieges were commanded to rise, cry, and raise the fray and follow them,
coming or going, on horse and foot, for recovery of the goods stolen, and
apprehending of their persons, under pain of being held partakers in the
said theft. It was also added that if any open and notorious thief came to
a house, the owner of the house might apprehend him without reproach.[16]

These enactments are at once minute and comprehensive, and had the power
to enforce them corre