This humanity and moderation was, on certain occasions, entirely laid aside by the borderers. In the case of deadly feud, either against an Englishman, or against any neighbouring tribe, the whole force of the offended clan was bent to avenge the death of any of their number. Their vengeance not only vented itself upon the homicide and his family, but upon all his kindred, on his whole tribe; on every one, in fine, whose death or ruin could affect him with regret.—Lesley, p. 63; Border Laws, passim; Scottish Acts, 1594, c. 231. The reader will find, in the following collection, many allusions to this infernal custom, which always overcame the marcher’s general reluctance to shed human, blood, and rendered him remorselessly savage.
For fidelity to their word, Lesley ascribes high praise to the inhabitants of the Scottish frontier. When an instance happened to the contrary, the injured person, at the first border meeting, rode through the field, displaying a glove (the pledge of faith) upon the point of his lance, and proclaiming the perfidy of the person, who had broken his word. So great was the indignation of the assembly against the perjured criminal, that he was often slain by his own clan, to wipe out the disgrace he had brought on them. In the same spirit of confidence, it was not unusual to behold the victors, after an engagement, dismiss their prisoners upon parole, who never failed either to transmit the stipulated ransom, or to surrender themselves to bondage, if unable to do so. But the virtues of a barbarous people, being founded not upon moral principle, but upon the dreams of superstition, or the capricious dictates of antient custom, can seldom be uniformly relied on. We must not, therefore, be surprised to find these very men, so true to their word in general, using, upon other occasions, various resources of cunning and chicane, against which the border laws were in vain directed.
The immediate rulers of the borders were the chiefs of the different clans, who exercised over their respective septs a dominion, partly patriarchal, and partly feudal. The latter bond of adherence was, however, the more slender; for, in the acts regulating the borders, we find repeated mention of “Clannes having captaines and chieftaines, whom on they depend, oft-times against the willes of their landeslordes.”—Stat. 1587, c. 95, and the Roll thereto annexed. Of course, these laws looked less to the feudal superior, than to the chieftain of the name, for the restraint of the disorderly tribes; and it is repeatedly enacted, that the head of the clan should be first called upon to deliver those of his sept, who should commit any trespass, and that, on his failure to do so, he should be liable to the injured party in full redress. Ibidem, and Stat. 1594, c. 231. By the same statutes, the chieftains and landlords, presiding over border clans, were obliged to find caution, and to grant hostages, that they would subject themselves to the due course of law. Such clans, as had no chieftain of sufficient note to enter bail for their quiet conduct, became broken men, outlawed to both nations.


