sponded in any degree with the good intentions of
those who framed them, there would have been a considerable change
produced in the affairs of the Border. But the truth is these so-called
statutes were but little better than mere "pious opinions," reflecting
credit on those responsible for them, but producing no impression, or next
to none, on the country. Not many years after the passing of these Acts we
find the Estates busy at work again passing measure after measure for the
quieting of the disordered subjects on the Borders, for the staunching of
theft and slaughter, and the punishment of "wicked thieves and limmers."
Things had gone from bad to worse. Every man's hand was against his
neighbour. Clan rose against clan; the Scotts and the Kerrs, the Maxwells
and Johnstones, were constantly embroiled in petty warfare, the results
of which, however, were sometimes most disastrous. "The broken
men"--Graemes, Armstrongs, Bells, and other inhabitants of the Debateable
land--finding it either unsafe or inconvenient to commit such frequent
"herschips" on the English border, betook themselves with all their
accustomed enthusiasm to the plundering of their Scottish neighbours. They
are described as "delighting in all mischief, and maist unnaturally and
cruelly wasting and destroying, harrying and slaying, their own
neighbours." The Privy Council at last determined to deal with these
matters, and arranged to sit on the first day of every month in the year
for this purpose. Trial and injunction was to be taken of the diligence
done in the execution of things directed the month preceding, and of
things necessary and expedient to be put in execution during the next
month to come, and that a special register be kept of all that shall
happen to be done and directed in matters concerning the quietness and
good rule of the Borders. But to make assurance doubly sure it was also
ordained at the same time that all landlords and bailies of the lands,
should find sufficient caution and surety, under pain of rebellion, to
bring all persons guilty of "reife, theft, receipt of theft, depredations,
open and avowed fire-raisings, upon deadly feud, protected and maintained
by their masters," before "our sovereign lord's Justice," to underlie the
law for the same. Failing their doing so, the landlords and bailies were
bound to satisfy the party skaithed, and to refund, content, and pay to
them their "herschips and skaithes." And further, the chief