[1599/7/2]*[print] [email] [cite] [preceding] [following]
Forasmuch as one of the greatest causes that has moved theft and reset of theft to increase within this realm, and specially within the borders and marches of the same, has been the impunity of the committers thereof by reason it has been received in custom this long time bygone that the making of the redress of the goods and gear taken to the party grieved by the committers of the theft and harbourers of the same has been a sufficient exoneration to them from any punishment which justly they deserved in their persons for being guilty and culpable of the said crimes, albeit if such offence had been punished with severity in the persons committers of the same, they by their example would have moved and terrified others by their misbehaviour to incur the same danger. And whereas by the ancient laws of the border there used to be no redress at all to be made except by the opposite wardens of this realm and England of goods taken by the subjects of one nation from the other, and in no way within this realm by a subject to another, but the committers of such crimes were punished to the death; and our sovereign lord, finding that the desuetude of that lovable law and custom in the rigorous execution of the persons of the said thieves has caused the greater disregard and contempt of his highness's authority and the less account by them to offend, has therefore statute and ordained that in all time hereafter within the bounds of the said marches, or any of them, according to the first laws and custom of the said borders, none of the wardens of the same nor no other officers shall in no way take the redress of the goods and gear to be plundered and stolen from the doers and committers of the same for the satisfaction of the party plundered and robbed, but shall cause execute with all rigour the laws and acts of parliament made against thieves and their harbourers and cause them be punished to the death according to their deserving as they will answer to his majesty upon the discharge of their offices. And likewise it is statute and ordained that if any person whatsoever guilty or culpable of theft or reset of the same shall happen to be fugitive for the said crime and will in any way enter to the lieutenant, warden or other officer to be appointed in the said border for pacifying of the same and administration of justice therein, the said lieutenant, warden or other officer shall cause burn his house, put his wife and bairns out of the same and make intimation of their disobedience at the market cross of the shire, to the effect that the knowledge of the same may come to the whole inhabitants within the said sheriffdom. And our sovereign lord and estates declare that whatsoever person shall shelter, supply or entertain the said fugitive persons, their wives, bairns or gear after the said intimation shall be culpable and guilty of his previous offences and shall remain answerable to his highness and his officer for any offence to be committed by the said person fugitive thereafter. And this act to be extended as well as to highland as border.