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'* The border-laws agreed upon by Commissioners for
prevention of such great enormities and mischiefs as have
frequently almost undone the borders, and disquieted the
peace between the realms.
'The sovereigns on either side shall in all humility be
intreated, to choose and establish a council in every march,
of the most discreet borderers inhabiting the bounds
thereof, who shall convene twice in the year, for such
effect and at such time and place as by the particular
commissioners shall be appointed unto them. Which
border-council, as aforesaid, at their conveenings and
meetings, shall make diligent inquiry and trial of all
notorious thieves and robbers within their wardenry; and
such as they find to be of that quality, they shall inrol
them under their hands, and deliver a copy of the same into
their Warden; who shall, upon the first attempt that shall
be truly tried and fouled upon any of them hereafter, put
the said offender immediately to death; or in case he be a
fugitive, shall cause him to be proclaimed such, according
to the order and custom of the borders, and his house
immediately to be demolished and destroyed.'
I shall next insert a code of border laws, may by the Scots
borderers only, for the regulation of their own men in
making inroads, &c. which is near about the same as
those made by the English, mentioned by Mr Bell.
Be it remembered, that on the 18th day of December 1468,
Earl William Douglas assembled the whole lords, freeholders,
and eldest borderers, that best knowledge had, at the
college of Linclouden: and there he caused those lords and
borderers bodily to be sworn, the holy gospel touched, that
they justly and truly, after their cunning, should decrete,
decern, deliver, and put in order and writing, the statutes,
ordinances, and uses of marches that were ordained in
† Black Archibald of Douglas's days, and Archibal his
son's days, in time of warfare; and they came again to him
advisedly with these statutes and ordinances, which were in
time of warfare before. The said Earl William, seeing the
statutes in writing decreed and delivered by the said lords
and borderers, thought them right speedful and profitable to
the borderers: the which statutes, ordinances, and points of
warfare he took; and the whole lords and borderers he caused
bodily to be sworn, that they should maintain and supply
him, at their goodly power, to do the law upon those that
should break the statutes underwritten. Also, the said Earl
William, and Lords, and eldest borderers, made certain
points to be treason in time of warfare to be used, which
were not treason before his time; but to be treason in his
time, and in all time coming.
I.
IT is founded and ordained by the law of Marches, that no
manner of person, man nor woman, of any degree, shall
intercommon with any English man or woman, either in
Scotland or England, except the prisoners shall come into
Scotland; without special licence of the Warden or his
deputy, asked and obtained in time of warfare, under the
pain of treason ‡.
II.
IT is statute and ordained, that when it happens that the
Warden or Lieutenant, with any fellowship, do pass in
England; that what person, for covetise of goods, or
singular profit to himself, departs and passes from his
fellowship; all the goods that he happens
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‡ It is evident from this, how careful they were of
their breed. A stout man would not have married a little
woman, (be she ever so rich,) and an Englishman was forbid,
by the law of Marche, to marry a Scotch woman (be she ever
so honest,) so of a Scotchman marrying an Englishwoman. So
that dress then was of little signification. What is it now?
It has indeed an end in view, as a person lately observed,
who says, "That religion and morality are not affected!"
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