The miscellaneous prose works - v. 7 Author:Walter Scott Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: But if they are taken, their eloquence is Bo powerful, and the nweetness of their language so winning, that they even can move both judges and accusers, however ... more »severe before, if not to mercy, at least to admiration and compassion. No. III. Border Clam. The principle of clanship had been reluctantly acknowledged by the Scottish legislature, not as a system approved of, but as an inveterate evil, to cure which they were obliged to apply extraordinary remedies. By the statute 1581, chap. 112, it was declared, that the clans of thieves, keeping together by occasion of their surnames, or near neighbourhood, or society in theft, were not subjected to the ordinary course of justice; and therefore it was made lawful, that whatever true and obedient subject should suffer loss by them, might not only apprehend, slay, and arrest the persons of the offenders, but of any others being of the same clan. And thus the whole sept was rendered jointly answerable, and liable to be proceeded against, in the way of retaliation, for the delinquencies of each individual. But to render the recourse of the injured parties more effectual, an elaborate statute, (1587, ch. 94, 97,) made two years afterwards, proceeding on the same melancholy preamble of waste and depredation committed on the Borders and Highlands, directs that security shall be found by those landlords and bailies on whose grounds the offending clansmen dwelt, that they would bring them in to abide process of law when complained of, or otherwise drive them from their groundt. It was further decreed, that the clans, chiefs, and chieftains, as well on the Highlands as on the Borders, with the principal branches of each surname who depended upon their several captains by reason of blood or neighbourhood, should find hostages or pled...« less