This method of treatment could not be expected to produce beneficial
results. It had exactly the opposite effect. Respect for the law was
completely destroyed. Those who were called upon, as the phrase goes, "to
underlie the law," had no sense of shame when their wrongdoing was brought
home to them. They no doubt felt the inconvenience of being punished, by
fine or imprisonment, for their misdeeds; but there was no moral stigma
attaching to imprisonment, or to almost any other form of punishment.
That a man's father had been hanged for cattle-stealing, or for the
slaughter of those who had dared to resist him when he went on a foraging
expedition, might engender a feeling of resentment, but it was not in the
least likely to create a feeling of shame. Such incidents as these were
regarded with philosophical indifference. We remember once hearing a
distinguished Borderer remark that the ancient history of nearly all the
great Border families had been faithfully chronicled in "Pitcairn's
Criminal Trials!" A careful study of that interesting and valuable
compilation will go far to corroborate the remark. The "Family Tree" is a
phrase which has an altogether peculiar significance on the Borders. It
suggests ideas and reflections which are not usually associated with
genealogy.
But when all has been said on this phase of the question which either envy
or malice can suggest, every sympathetic and well-informed student of
Border history will readily admit that the Borderers, bad as they were,
were really more sinned against than sinning. Carlyle has somewhere
remarked that a man's first _right_ is to be well governed. It is,
perhaps, unusual to regard our rights from this point of view, yet there
can be no doubt that good government is an essential requisite of society,
and one of the greatest blessings of the individual life. This boon was
one which, for many generations, the Borderers did not enjoy. They were
encouraged to commit crime one day, and punished for it the next. This is
doubtless a strong assertion, but we think it is one that can be amply
proved. It was the policy of James VI., for example, to keep on the best
possible terms with Queen Elizabeth, in order not to endanger his chance
of succession, and consequently he was naturally anxious to keep his
turbulent subjects on the Borders as well in hand as possible. But that he
secretly sympathised with them, and encouraged them in their predatory
incursions on the English Border, hardly admits of serious doubt. Sir John
Foster, writing in 1586, says: "The King doth write to the Laird of
Cessford to do justice, and yet in the meantime he appointeth others to
ride and break the Border, and doth wink thereat."[59] We find Hunsdon
writing in the same strain. "I am at this present credibly advertised," he
says, "from one of good intelligence that what fair weather soever the
King makes, he means no good towards her Majesty, nor her subjects, and
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