Hence it was found that the existence of such feuds made the
administration of the law, such as it was, a matter of supreme difficulty.
It is said that it was hardly possible for any gentleman of the country to
be of a jury of life and death if any of those at feud were indicted, "as
they were grown so to seek blood that they would make a quarrel about the
death of their grandfather, and kill any of the name." It was, therefore,
found necessary to appoint special nobles and barons belonging to some
distant part of the country, to sit in judgment in those cases in which
the accused was at feud with the warden. On two occasions when courts were
being held at Jedburgh, it was found expedient to issue proclamations in
the King's name,--"That na maner of persons tak upon hand to invaid ane an
uther for ald feid or new, now cumand to this present air or passand
tharfra, and induring the tyme thairof under the pane of dede; and that na
maner of persone or persons beir wapins except kniffis at their beltis,
bot alanerlie our soverane lordis household, the justice, constable,
merschell, compositouris, thair men and houshald, schireff, crounaris and
thair deputis, under the pane of escheting of the wapins and punishing of
the persons beraris therof."[52] Owing to the disturbed condition of the
country, such precautions were much needed, although it must be admitted
that they did not always secure the end desired.
Many of the Border feuds present features of great interest alike to the
sociologist and the historian. They afford interesting glimpses of the
condition of society in this part of the realm, and disclose the dominant
passions by which the lives and characters of those more immediately
concerned were shaped and determined. Throughout the greater part of the
16th century a fierce feud raged between two of the most noted and
powerful Border families--the Scotts and the Kers. The circumstances which
gave rise to this deadly feud form an interesting chapter in the history
of the Borders.
Public-domain text, read in full here on John Shaqi.
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