The difficulties with which the Borderers had to contend were of a varied character. They had to be constantly on the watch against the aggressions and incursions of their enemies on the opposite Marches. But it frequently happened that their most dangerous and inveterate foes were to be found amongst their own countrymen. This was the case more especially when blood-feuds arose, setting family against family, and clan against clan. An interesting, if not very luminous, account of the origin of the "Feud" is given by Burghley in a report submitted by him to the English government, in which he deals with what he calls the "Decays of the Borders." He says:--"Deadly Foed, the word of enmytie on the Borders, implacable without the blood and whole family destroyed, whose etymologie I know not where better to fetch than from Spiegelius in his _Lexicon Juris, in Verbo_ 'feydum:' he saith it is an old Teutch word whereof is derived by Hermanus Nivoranus (?) _faydosum Hostis publicus_; 'foed' _enim, Bellum significat_." He further points out that the Scottish wardens, being native Borderers, are "extraordinarilye adicted to parcialities, favour of their blood, tenantes and followers," and consequently he holds they should be disqualified for office.[49] The evils resulting from these deadly-feuds would have been comparatively trifling had it been possible to limit the consequences to the persons more immediately concerned. Owing, however, to the system of clanship which prevailed on the Borders, the whole sept became involved in the feud. "If one of the clan," says Sir Walter Scott, "chanced either to slay a man, or commit any similar aggression, the chief was expected to defend him by all means, legal or illegal. The most obvious and pacific was to pay such fine or _amende_, or assythement, as it was called, as might pacify the surviving relations, or make up the feud. This practice of receiving an atonement for slaughter seems also to have been part of the ancient Celtic usages; for it occurs in the Welch laws of Howell Dha, and was the very foundation of the Irish Brehon customs. The vestiges of it may be found in the common law of Scotland to this day. But poor as we have described the Border chief, and fierce as he certainly was by education and office, it was not often that he was either able or disposed to settle the quarrels of his clansmen in a manner so amicable and expensive. War was then resorted to; and it was the duty of the chief and clan who had sustained the injury to seek revenge by every means in their power, not only against the party who had given the offence, but, in the phrase of the time and country, against all his name, kindred, maintainers, and upholders. On the other hand, the chief and clan to whom the individual belonged who had done the offence, were equally bound in honour, by every means in their power, to protect their clansman, and to retaliate whatever injury the opposite party might inflict in their thirst