of the clan,
in the bounds where "broken men" dwell, and to which "broken men" repair
in their passing to steal and reive, or returning therefrom, shall be
bound to make the like stay and arrestment, and publication as the
landlords or bailies, and be subject to the like redress, criminal and
civil, in case of their failure and negligence. In addition to the
foregoing ordinances, it was resolved that all Captains, Chiefs, and
Chieftains of the clans, dwelling on the lands of divers landlords, shall
enter pledges for those over whom they exercise authority, upon fifteen
days' notice, before his Highness and his secret Council, said pledges to
be placed as his Highness shall deem convenient--"for the good rule in
time coming, according to the conditions above written whereunto the
landlords and bailies are subject; under the pain of the execution of the
said pledges to the death, and no redress made by the persons offended for
whom the pledges lie."

We also learn from another Act of Parliament, passed at the same time,
that all pledges received for the good rule and quietness of the Border
shall be placed on the north side of the water of Forth, without exception
or dispensation; and the pledges for the good rule of the Highlands and
Isles, to be placed on the south side of the same water of Forth.

But one of the most extraordinary Acts passed by this Parliament was an
Act forbidding the Scottish Borderers to marry the daughters of the
"broken men" or thieves of England, as it was declared this was "not only
a hindrance to his Majesty's service and obedience, but also to the common
peace and quietness betwixt both the Realms." It was therefore statute and
ordained "that nane of the subjects presume to take upon hand to marrie
with onie English woman, dwelling in the opposite Marches, without his
Highness' express licence, had and obtained to that effect, under the
great Seal; under the paine of death, and confiscation of all his goods
moveable; and this be a special point of dittay in time cumming."

These enactments were doubtless well meant, and under ordinary
circumstances might have been expected to bring about beneficial results;
but unfortunately they were treated with callous indifference. No
improvement was effected. The "broken men" were not to be intimidated by
such measures. They laughed at Parliament, and scorned the laws. This is
brought out in the most conclusive manner in the records of the State
Paper