Office, as we shall have occasion to point out in succeeding
chapters. But proof of another kind lies ready to hand. An Act of
Parliament was passed in 1593, just six years after those already noticed,
in which complaint is made of the rebellious contempt of his Highness'
subjects who, without regard of their dutiful obedience, pass daily to the
horn, "for not finding of law surety;" and "for not subscribing of
assurances in matter of feud," and for "dinging and stricking his
Majesty's messengers," in execution of their offices. Notice is also taken
of some who nightly and daily reive, foray, and commit open theft and
oppression: "for remead whereof, our said Sovereign Lord, ordains the Acts
and laws made before to be put to execution, and ratifies and approves the
same in all points." It was further ordained that no respite or remission
was to be granted at any time hereafter to any person or persons that pass
to the horn for "theft, reif, slauchter, burning or heir-shippe, while the
party skaithed be first satisfied; and gif ony respite or remission shall
happen to be granted, before the partie grieved be first satisfied, the
samin shall be null and of nane avail, be way of exception or reply,
without any further declaritour; except the saidis remissiones and
respittes be granted, for pacifying of the broken Countries and
Borders."[17]
These may be regarded as fair samples of the long list of measures passed
at different times by the Scottish Parliament for the regulation of
Border affairs during the reign of the Jameses. In reading them one is
forcibly reminded of a remark made by one of the English wardens, that
"things were very tickle on the Scottish Border." No respect was paid to
the law, either by the Chiefs or their clansmen. In the preface to Cary's
Memoirs, these Scottish Borderers are described as "equalling the Caffirs
in the trade of stealing, and the Hottentots in ignorance and brutality."
This savage indictment is borne out by Sir William Bowes who, in a letter
to Burghley in the year 1593--nearly forty years after the
Reformation--thus writes:--"The opposite wardens and officers being always
Borderers bred and dwelling there, also cherish favourites and strengthen
themselves by the worst disposed, to support their factions. And as they
are often changed by the King for their misdemeanours, the new man always
refuses to answer for attempts before his time. Cessford the warden cannot
answer for the whol
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