Such facts as these indicate in a remarkable way the extraordinary
weakness of the executive government. It is abundantly evident that the
Scottish Parliament was most exemplary in passing measures for the
protection and amelioration of the people, but as Buchanan naively
remarks, "There was ane Act of Parliament needed in Scotland, a decree to
enforce the observance of the others." The King's writ did not run in many
districts of the country. The unfortunate element in the situation was
that it did not always coincide with the interests of the nobles to see
that the decrees of the Estates were carried into effect; and as a general
rule what did not happen to accord with their humour was set aside as of
no moment. The consequence was that many Acts of Parliament, relating
especially to the abnormal condition of the Borders, were no sooner passed
than they were treated as practically obsolete. This accounts for the
curious fact that we find the legislature returning again and again, at
brief intervals, to the consideration of the same questions, and issuing
orders which might as well never have been recorded. When the counsels of
a nation are thus divided, and especially when those who are charged with
the administration of the law pay no regard to it, in their own persons,
it would be a marvel if lawlessness in its multifarious forms did not
become the dominant characteristic of the great body of the people. That
this was the result produced is painfully evident. The great barons were
practically supreme within their own domains, for while the execution of
the laws might nominally pertain to the Sovereign, the soldiers belonged
to their Chiefs, and were absolutely at their command. Laws which cannot
be enforced at the point of the sword must in the nature of the case
remain practically inoperative. This unfortunate condition of affairs was
a fruitful source of misery and mischief, especially on the Borders, where
the prevalence of the clan-system conferred on the Chiefs the most
arbitrary and far-reaching powers. Had there been any possibility of
bringing the Border barons under effective governmental control "the
thefts, herschips, and slaughters," for which this district was so long
notorious, would have been in great part prevented. These men not only
incited to crime, but standing as they did between the ruler and the
ruled, they threw the aegis of their protection over the lawless and
disobedient.
Public-domain text, read in full here on John Shaqi.
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