If only that nation is to be reckoned happy which has few laws, but is
accustomed to obey them, then Scotland, and the Borders in particular,
must have been in a most unfortunate condition during a lengthened period
of its history. The laws passed were numerous; the obedience rendered most
difficult to discover. But while these enactments rarely succeeded in
producing the results aimed at, they are, notwithstanding, exceedingly
valuable to the historian because of the interesting light they cast on
the conditions and habits of the people. In the year 1567, in the first
Parliament of James VI., an important Act was passed, entitled "Anent
Theft and Receipt of Theft, Taking of Prisoners by Thieves, or Bands for
Ransoms, and Punishment of the same." It relates especially to the
Sheriffdoms of Selkirk, Roxburgh, Peebles, Dumfries, and Edinburgh, "and
other inhabitants of the remanent Shires of the Realm," bearing that it is
not unknown of the continual theft, reif, and oppression committed within
the bounds of the said Sheriffdoms, by thieves, traitors, and other
ungodly persons, having neither fear of God nor man, which is the chief
cause of the said thefts. And that the said thieves and "broken men"
commit daily "thefts, reifs, herschips, murders, and fire raisings" upon
the peaceable subjects of the country, "besides also takes sundrie of
them," detains them in captivity as prisoners, ransoms them, "or lettis
them to borrowis for their entrie again." In like manner, it is said,
divers subjects of the inland, take and sit under their assurance paying
them blackmail, and permitting them to "reif, herrie, and oppress their
nichtbouris" with their knowledge and in their sight, without resistance
or contradiction.
Public-domain text, read in full here on John Shaqi.
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