diff options
| -rw-r--r-- | .gitattributes | 3 | ||||
| -rw-r--r-- | 32005-8.txt | 8082 | ||||
| -rw-r--r-- | 32005-8.zip | bin | 0 -> 178384 bytes | |||
| -rw-r--r-- | 32005-h.zip | bin | 0 -> 205901 bytes | |||
| -rw-r--r-- | 32005-h/32005-h.htm | 8001 | ||||
| -rw-r--r-- | 32005-h/images/drop_a.jpg | bin | 0 -> 2817 bytes | |||
| -rw-r--r-- | 32005-h/images/drop_o.jpg | bin | 0 -> 3649 bytes | |||
| -rw-r--r-- | 32005-h/images/drop_t.jpg | bin | 0 -> 2237 bytes | |||
| -rw-r--r-- | 32005-h/images/drop_w.jpg | bin | 0 -> 3439 bytes | |||
| -rw-r--r-- | 32005.txt | 8082 | ||||
| -rw-r--r-- | 32005.zip | bin | 0 -> 178339 bytes | |||
| -rw-r--r-- | LICENSE.txt | 11 | ||||
| -rw-r--r-- | README.md | 2 |
13 files changed, 24181 insertions, 0 deletions
diff --git a/.gitattributes b/.gitattributes new file mode 100644 index 0000000..6833f05 --- /dev/null +++ b/.gitattributes @@ -0,0 +1,3 @@ +* text=auto +*.txt text +*.md text diff --git a/32005-8.txt b/32005-8.txt new file mode 100644 index 0000000..def7a64 --- /dev/null +++ b/32005-8.txt @@ -0,0 +1,8082 @@ +The Project Gutenberg EBook of Border Raids and Reivers, by Robert Borland + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Border Raids and Reivers + +Author: Robert Borland + +Release Date: April 16, 2010 [EBook #32005] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK BORDER RAIDS AND REIVERS *** + + + + +Produced by Chris Curnow and the Online Distributed +Proofreading Team at https://www.pgdp.net. (This file was +produced from images generously made available by The +Internet Archive.) + + + + + + + + + +BORDER RAIDS AND REIVERS. + + + + + BORDER RAIDS + AND + REIVERS + + + BY + ROBERT BORLAND + + _MINISTER OF YARROW_ + + + DALBEATTIE: THOMAS FRASER. + MDCCCXCVIII. + + + + PRINTED AT THE COURIER AND HERALD OFFICES, + DUMFRIES, + FOR + THOMAS FRASER, DALBEATTIE. + + + + +CONTENTS. + + +PREFACE xv. + + +I. + +THE AULD ENEMY. + PAGE. + +Extent of Border reiving--Plunder and reprisal--All classes +implicated--Double dose of original sin--Victims of an evil +fate--Invasions--Threatened annexation of Scotland--Edward's +twofold policy--Sacking of Berwick--Feeling of +hostility produced--Edward visits Scone and carries off +Scottish Sceptre and Crown--Douglas and Edward Bruce-- +Borderers animated by a spirit of revenge 1-14 + + +II. + +PERCY'S PENNON. + +Battle of Otterburn--Chief combatants--How the encounter was +brought about--Destruction of the Abbeys--Meeting of the +Scots at Aberdeen--Scottish army assembles at Yetholm-- +Method of attack determined upon--Earl Douglas marches +through Northumberland--Ravages Durham--Returns to +Newcastle--Hotspur and Douglas--Otterburn--Preparations for +battle--The English assault--The Douglas slain--Hotspur +taken prisoner--Humanity of Borderers 15-32 + + +III. + +POOR AND LAWLESS. + +Condition of Scotland--Ancient monasteries--Description of +country by Æneas Sylvius--Ignorance of the people--Laws +cannot be enforced--The Barons supreme--Law against +harbouring thieves--Every man's hand against his neighbour-- +Pledges demanded--Banished north of the Forth--Scottish +Borderers forbidden to marry daughters of "broken men" +in England--No respect paid to the law--Execrable murders +committed--Without religion--Hand-fasting 33-54 + + +IV. + +RAIDS AND FORAYS. + +Invasions constantly occurring--Many lives sacrificed--How +the reivers conducted their expeditions--Leslie's account-- +Tracked by bloodhounds--Froissart's description of +Borderers--Invasion by Earl of Hertford--Raid by Sir Ralph +Eure--Battle of Ancrum Moor--Lord Dacre's devastations-- +Borderers retaliate--Horrid cruelties practised--Raid of +the Reidswire--Indignation of English Queen--Morton's +concessions 55-80 + + +V. + +WARDENS OF THE MARCHES. + +Generally officers of high rank--Scottish King limited in +his choice--Wardens invested with arbitrary powers--Bonds +of alliance--Of little or no value--Ignored when +convenient--Wardens well remunerated--Duties pertaining to +the office 81-96 + + +VI. + +THE DAY OF TRUCE. + +Arrangements for dealing with offenders--Of a primitive +character--Prisoners could not be detained in custody--Often +took "leg-bail"--Day of Truce every month--Date and place +made known by proclamation--The meeting of the Wardens-- +Regulations for conduct of business--Administering the +oath--Three ways of trying cases--Bogus bills--Value of +goods--Bills "fouled" or "cleared"--The hot-trod-- +Baughling--Lord Russell shot--Foster's explanations 97-115 + + +VII. + +THE DEADLY FEUD. + +Origin of the expression--Feuds of everyday occurrence-- +Occasioned by trifling circumstances--Inherited--Made the +administration of the law difficult--Feud betwixt the Kers +and Scotts--How occasioned--The Maxwells and Johnstones--A +disastrous feud--Battle of Dryfe Sands--Murder of Johnstone-- +Lord Maxwell imprisoned--Returns to the Borders--Betrayed by +Earl of Caithness--Beheaded in Edinburgh--Ker of Cessford +slain--Pursuit of his murderers--How feuds staunched--Bonds +of Assurance--Marriage--Pilgrimage--Assythment 116-135 + + +VIII. + +THE THIEVES DAUNTONED. + +The "Family Tree"--Man's first right--The King connives at +Border reiving--The Wardens often indifferent--The King's +visit to Dumfries--Tytler's account of what transpired--The +Turnbulls of Rule Water punished--The Earl of Mar in +Hawick--Lack of trees and halters--Queen Mary at Jedburgh-- +The Earl of Bothwell--John Elliot of Park--The Queen visits +Hermitage--Struck down with fever--The suppression of +Liddesdale--Buccleuch and Ferniherst--Mangerton destroyed-- +The whole district given to the flames--Geordie Bourne-- +Found guilty of March treason--Executed--Milder measures-- +The Tower of Netherby--Cary's success 136-154 + + +IX. + +LIDDESDALE LIMMERS. + +Border keeps and peels--Description of them--Hermitage-- +Lord Soulis--Nine-stane-rig--Black Knight of Liddesdale-- +Ramsay of Dalhousie starved to death--Armstrongs and +Elliots--Maitland's "Complaynt"--Took everything that +came to hand--The clan system--Names of Border clans-- +To-names--Debateable land--The Scotch dyke--Cary's raid-- +Driven to bay 155-180 + + +X. + +AFTER THE HUNTING. + +James V.--Border barons put in ward--Sets out for the +Borders--Hunts in Meggat--Eighteen score of deer slain-- +Cockburn of Henderland--Border Widow's Lament--Adam Scott, +"King of Thieves"--Johnie Armstrong--The loving letter-- +Basely betrayed--Pitscottie's account--Maxwell's +complicity--Ballad--_Blackmeal_--Increase of Border +lawlessness 181-200 + + +XI. + +THE CORBIE'S NEST. + +General characteristics of Border reivers--Kinmount +Willie--Descendant of laird of Gilnockie--Encouraged +to commit depredations on English border--Present at +March meeting at Dayholm--Captured by Salkeld on his way +home--Imprisoned in Carlisle--Violation of Border law--The +bold Buccleuch determines to effect his rescue-- +Arrangements made at a horse race at Langholm--Meeting at +Tower of Morton--Marches on Carlisle--Breaks into the +Castle--Carries off the prisoner--Relieves him of his +irons--Names of principal assistants--Scrope indignant-- +Addresses the Privy Council--Buccleuch on his defence-- +Elizabeth demands his surrender--James complies 201-219 + + +XII. + +FLAGELLUM DEI. + +International complications--The Queen difficult to +pacify--Her letter to James--Scrope invades Liddesdale-- +His conduct defended--Buccleuch retaliates--Invades +Tynedale--Account of his depredations--_Flagellum Dei_-- +Supported by King and Council--Elizabeth peremptorily +demands his surrender--Places himself as a prisoner in +the hands of Sir William Bowes--The Governor of Berwick +afraid to undertake his safe custody--Surrender of Sir +Robert Ker--Lives with Sir Robert Cary on terms of +intimacy and friendship--Buccleuch returns to Liddesdale-- +Adopts a new policy--Incurs the displeasure of the +reivers--Inaugurates a new era in Border history--Appears +before the Queen 220-236 + + +XIII. + +MINIONS OF THE MOON. + +The kindly feeling with which the more famous reivers +regarded--Auld Wat of Harden--At the "Raid of Falkland"-- +The consequences of this episode--Carries off 300 oxen +and kye, a horse and a nag, from Gilsland--Large demands +on his hospitality--"Wat o' Harden's coo!"--The sow-backed +hay stack--Destroys the town of Bellinghame--Marries Mary +Scott of Dryhope--His son slain by one of the Scotts of +Gilmanscleuch--The feast of spurs--Goes in pursuit of the +Captain of Bewcastle--Revenge!--Willie Scott--His raid on +Elibank--Taken prisoner--"Muckle-mou'd Meg"--Priest or +hangman--A wise choice. "Jock o' the Syde"--Prisoner in +Newcastle--Rescued by his friends--Pursued by the English-- +Make good their escape.--"Christie's Will"--Two delicate +colts--Lord Traquair--Lord Durie kidnapped--Scott's account +of the incident--Description of balladist--Christie's Will +carries important papers to Charles I.--Entrapped at +Carlisle on his return--Spurs his horse over parapet of +bridge.--Willie of Westburnflat--Tried at Selkirk--Breaks +in pieces the oaken chair--Threatens to clear the court-- +Dissuaded by his friends--Executed in due form of law-- +Armstrong's good-night 237-266 + + +XIV. + +UNDER THE BAN. + +State of the Borders--Decadence of Romanism--A strong hand +needed--The Celtic Church--Its influence permanent--The +Scots indifferent to fulminations of their spiritual +superiors--Excommunicatio major--Excommunicatio minor-- +Monition of Cursing by Archbishop of Glasgow 267-279 + + +XV. + +THE TRIUMPH OF LAW. + +"Broken men" drafted off to Belgic wars--Græmes banished to +Ireland--Buccleuch invested with arbitrary powers--Thieves +executed without ceremony--The Union of the Crowns--The +effect highly beneficial--Firm hand laid on the ring-leaders +of Border strife--New spirit infused into the +administration--The name _Middleshires_ substituted for +_Borders_--The law impartially administered--A happy era-- +Parochial system of education--Schools before the +Reformation--Educational condition of the Borders--John +Knox's scheme--Beneficial results--Teaching and influence of +the Church--Religious state of the Borders--Decision of the +Commission--Difficulties in the way--Thomas Boston--The +unploughed field--Victory achieved 280-298 + + +XVI. + +THE HARVEST OF PEACE. + +Great changes effected in habits and character of the +people--Easily explained--"Broken men" expatriated--How +reiving was regarded--Border ethics--Right to rob the +English--Statistics of crime--The Tweed Act--A hard +school--Grim and dour--Services rendered by Borderers-- +Great feature of Border life--Birthplace of poetry--The +old ballads--A priceless inheritance--James Thomson, the +author of "The Seasons"--Sir Walter Scott--Hogg--Leyden-- +Burns probably sprung from a Border stock--The name +"Burness"--A Western Mecca--Rural population decreasing-- +Conclusion 299-310 + + + + +PREFACE. + + +The object we have had in view in the following pages has been (1) to +indicate briefly the causes which produced Border reiving; (2) to show the +extent to which the system was ultimately developed; (3) to describe the +means adopted by both Governments for its suppression; (4) to illustrate +the way in which the _rugging and riving_--to use a well-known phrase--was +carried on; (5) to explain how these abnormal conditions were in the end +effectually removed; and (6) to set forth in brief outline some of the +more prominent traits in the lives and characters of the men who were most +closely identified with this extraordinary phase of Border life. + +We have to acknowledge our indebtedness for much of the information +conveyed in the following pages to Scott's "Border Antiquities" and +"Border Minstrelsy," Nicolson's "Leges Marchiarum," Pitcairn's "Criminal +Trials," "Calendar of Border Papers" (recently published), "Cary's +Memoirs"--Froissart, Godscroft, Pitscottie, Pinkerton--and host of other +writers on Border themes. + +It is in no spirit of mock-modesty we acknowledge how inadequately the +object we have had in view has been realised. The subject is so large and +many-sided that we have found it difficult to compress within the compass +of a single volume anything like an adequate outline of a theme which is +at once so varied and interesting. + +In coming to the consideration of this subject, there is one fact which it +is well the reader should carefully bear in mind, and that is, that from +the peculiar circumstances in which Borderers were placed in early times, +the only alternative they had was either to _starve or steal_. The +recognition of this fact will at least awaken our sympathy, if it does not +always command our approval, when we come to consider the lives and +characters of the Border Reivers. + + + + +I. + +THE AULD ENEMY. + + "Near a Border frontier, in the time of war, + There's ne'er a man, but he's a freebooter."--SATCHELLS. + + +There are few more remarkable phenomena in the political or social life of +Scotland than what is familiarly known as "Border Reiving." In olden times +it prevailed along the whole line of the Borders from Berwick to the +Solway, embracing the counties of Berwick, Roxburgh, Selkirk, Peebles, and +Dumfries. During a period of some three or four hundred years these +districts were chiefly inhabited by hordes of moss-troopers, who made it +the chief business of their lives to harry and despoil their English +neighbours. On every convenient opportunity the Scottish reivers crossed +the Border, and carried off whatever came readiest to hand--horses, cows, +sheep, "insight and outsight," nothing coming amiss to them unless it was +either too heavy or too hot. Those on the English side who were thus +despoiled were not slow to retaliate, and generally succeeded, to some +extent, in making good the losses they sustained. This system of plunder +and reprisal ultimately attained an extraordinary development. All +classes, from the Chief of the clan to the meanest serf over whom he +ruled, were engaged in it. Indeed it must be frankly admitted that the +most notorious thieves were often those who had least excuse for indulging +in such nefarious practices--gentlemen in high position like the Scotts, +Kers, Johnstones, and Maxwells, and who in many cases had been chosen by +the Government to repress the reiving propensities of their clans and +followers. + +Some who have made a superficial acquaintance with this remarkable phase +of Border life have rushed to the conclusion that the great Border Chiefs, +and those over whom they exercised a kind of patriarchal authority, must +have been dowered with a "double dose of original sin." In proof of this +it is pointed out that a widely different state of affairs prevailed in +other parts of the country, for example in Fife, and the Lothians, and +generally speaking, throughout the whole of the west of Scotland, and +consequently the only way in which they can account for the singular +condition of the Borders is by predicating an essentially lower moral +type. We do not believe that this theory, plausible though it may appear, +will bear a moment's serious consideration. No doubt among the "broken +men" of the Debateable land, and in some parts of Liddesdale, you will +find a considerable number of disreputable characters whose only law was +the length of their own swords. But it is a mistake to suppose that such +individuals represent the general type of the inhabitants of the +Borderland. The very fact that these men had no Chief to represent them +shows that they had, so to speak, fallen out of the ranks. + +The solution of this problem must be sought in another direction. It will +be found by a careful study of the history of the country that Border +reiving was, to a considerable extent, the result of a concatenation of +circumstances over which the inhabitants of these districts had little or +no control. They were the victims of an evil fate. It was not merely their +proximity to the English Border which occasioned their misdeeds. It is an +interesting and significant fact that, till near the close of the 13th +century, the Border Counties were as law-abiding as any other part of the +realm. Petty skirmishes were, no doubt, of frequent occurrence, as might +be expected; but the deep rooted aversion to the English which +characterises the subsequent period of Scottish history had hardly at that +time any real existence. How the change was brought about will become +apparent as we bring under review some salient facts in Scottish history +which have a direct and immediate bearing on the question before us. + +It must be borne in mind that for a period of more than three hundred +years Scotland was kept in a condition of political distraction by the +insane desire on the part of the English Government to reduce it to a +state of vassalage. When this policy was first determined on everything +seemed favourable to its speedy realisation. When Alexander III., a wise +and gracious King, under whose reign the country had greatly prospered, +was accidentally killed when hunting in the neighbourhood of Kinghorn, the +Crown reverted to his grand-daughter, the Maid of Norway, who was then a +child of tender years. At this unfortunate juncture Edward I. of England +resolved that the two countries should be united under one Sovereign; at +least this was the object of his ambition. He was fully convinced that so +long as Scotland maintained her political independence, England would have +to reckon with a powerful adversary. If he could only succeed, by fair +means or foul, in gaining Scotland over as a fief of England, then the +country as a whole would enjoy the immunities and benefits naturally +accruing to its position as an island. England would thus be in an +immensely more advantageous position to resist foreign invasion, and its +influence and power as an aggressive force would be indefinitely +increased. The object aimed at was an exceedingly desirable one. +Unfortunately it was a sane policy insanely pursued. Had the English King +only been gifted with more self-restraint, had he but been prepared to +wait patiently the natural development of events, and not to have struck +the iron _before_ it was hot, he might have succeeded in gaining his end, +a result which would have changed the whole complexion and current of +Scottish history. Whether this would have been better or worse, more to +our own advantage and the advantage of Great Britain, as a whole, is one +of those points about which there may be considerable difference of +opinion. Many have regretted that the Union of the Crowns was not effected +in the 14th century rather than in the 17th, as such a consummation would +have saved the country much, both of bloodshed and treasure. It may be so. +It cannot be denied that from a purely material point of view it might +have been better had Scotland gracefully complied with the wishes of +Edward. But man cannot live by bread alone. There are higher and better +things in the life of a people than mere material well-being, and in view +of these it was well that Scotland maintained her independence. The record +of her achievements, when contending against the most overwhelming odds, +and the example of those heroic personalities, which mark the progress of +her history, have been a perennial fountain of inspiration to the Scottish +people, have made them what they are. While, therefore, there may be some +cause for regret, on the ground of political expediency, that the union of +the two countries was so late in being effected, yet on other and higher +grounds there is just reason for thankfulness that things took the course +they did. What would Scotland have been without its Wallace or Bruce? or +what would it have been apart from the long and arduous struggle through +which it was destined to pass ere it gained an assured and thoroughly +independent political position? The long years of struggle and desolating +warfare constitute an important factor in the social and intellectual +evolution of the nation. The best qualities of the Scottish character and +intellect were developed in the seething maelstrom of political strife and +internecine war. It may be that "the course of Providence is also the +orbit of wisdom." + +Edward in trying to bring Scotland under his sway pursued a two-fold +policy. He endeavoured to prevent as far as possible all union among the +most powerful Scottish barons. He arrayed their private and selfish +ambition against the love of their country. He sowed dissension in their +councils, and richly rewarded their treachery. Those who dared to oppose +his well-laid schemes were treated with unmitigated severity. His success +in this respect was complete. He had the satisfaction of seeing the +country torn to pieces by contending factions. His way was now open for +applying more drastic measures. He raised a powerful army and invaded +Scotland. The town of Berwick was then an important centre of commerce, +and he was determined at all hazards to make himself master of the city. +"He despatched a large division, with orders to assault the town, choosing +a line of march which concealed them from the citizens; and he commanded +his fleet to enter the river at the same moment that the great body of the +army, led by himself, were ready to storm. The Scottish army fiercely +assaulted the ships, burnt three of them, and compelled the rest to +retire; but they in their turn were driven back by the fury of the land +attack. Edward himself, mounted on horseback, was the first who leaped the +dyke; and the soldiers, animated by the example and presence of their +King, carried everything before them. All the horrors of a rich and +populous city, sacked by an inflamed soldiery, and a commander thirsting +for vengeance, now succeeded. _Seventeen thousand persons_, without +distinction of age or sex, were put to the sword; and for two days the +city ran with blood like a river. The churches, to which the miserable +inhabitants fled for sanctuary, were violated and defiled with blood, +spoiled of their sacred ornaments, and turned into stables for the English +cavalry."[1] + +This ruthless massacre produced a profound sensation all over the country, +but more especially on the Borders, and had much to do in creating that +bitter feeling of hostility with which the English were ever afterwards +regarded. To harass and despoil them was looked upon almost as a sacred +duty. This miserable butchery of the inoffensive lieges instantly led to +reprisals. Under the Earls of Ross, Menteith, and Athole, the Scottish +army crossed the English Border, and ravaged with merciless severity the +districts of Redesdale and Tynedale. The monasteries of Lanercost and +Hexham were given to the flames, towns and villages destroyed, and the +surrounding country laid waste. The Scots returned laden with booty. But +the success which had crowned their arms was of doubtful utility. It only +served to fan the flame of vengeful ire in the breast of the English King, +who now resolved on the complete subjugation of the country. He marched +against Dunbar with an army of ten thousand foot, and a thousand heavy +armed horse. The Scots opposed his progress with an army much superior in +point of numbers, and occupying a position of great strategic importance +on the heights above Spot. As the English army had necessarily to deploy +in passing along the valley it was supposed that the ranks had somehow +fallen into confusion. The Scots precipitately rushed upon the enemy, only +to find, to their dismay, that the English army was under the most perfect +discipline, and ready for the attack. After a short resistance the +Scottish columns were thrown into inextricable confusion, and were routed +with great slaughter, leaving ten thousand brave soldiers dead in the +field. History has a strange knack of repeating itself. Three hundred and +fifty years after, the Scottish covenanters committed a similar blunder at +the same place when opposing the progress of Oliver Cromwell, and with an +equally disastrous result. The progress of Edward now partook of the +nature of a triumphal march. He threw his army upon Edinburgh, and in the +course of eight days made himself master of the Castle. He then proceeded +to Perth, where he received the submission of Baliol, who seemed anxious +to rid himself of an office the duties of which he was constitutionally +unfit to discharge. The King continued his march to Aberdeen, and from +thence to Elgin, without resistance. The nobles hurried into his presence +to tender their submission. With indecent haste they renounced the +alliance with Bruce, and took the oath of fealty to the destroyer of their +country's liberties. It was a dark and tragic hour in Scottish history. + +As Edward returned on his way to Berwick, where he proposed holding a +Parliament, he visited Scone, and took with him the "famous and fatal +stone" upon which for many ages the Scottish Kings had been crowned and +anointed. "This, considered by the Scots as the national Palladium, along +with the Scottish Sceptre and Crown, the English monarch placed in the +Cathedral of Westminster as an offering to Edward the Confessor, and as a +memorial of what he deemed his absolute conquest of Scotland, a conquest +which, before a single year elapsed, was entirely wrested from him."[2] + +We must now pass rapidly over one of the most eventful and stirring +periods of Scottish history, during which Wallace and Bruce, by almost +superhuman efforts, succeeded in delivering the country from the +domination and control of England. The battle of Bannockburn gave the +final blow to the lofty pretensions of the English monarch. He began to +realise that the conquest of Scotland was not to be effected so easily as +he had at one time vainly thought. But unfortunately this splendid victory +did not result in inaugurating a reign of peace and goodwill between the +two countries. After all that the Scottish people had suffered at the +hands of their enemies, it was impossible for them to remain quiescent. +They were determined on revenge. Hence we find that in the early autumn of +1314 Douglas and Edward Bruce were despatched across the eastern march, +and ravaged with fire and sword the counties of Northumberland and Durham. +They even penetrated into Yorkshire, plundered the town of Richmond, and +drove away a large booty of cattle, and made many prisoners. The +inhabitants of the north of England were paralysed with fear. Walsingham +declares that a hundred Englishmen would not hesitate to fly from two or +three Scottish soldiers, so grievously had their wonted courage deserted +them. + +Another army of Scottish soldiers marched through Redesdale and Tynedale, +"marking their progress by the black ashes of the towns and villages." + +In the spring of the following year this predatory mode of warfare was +again resumed, and Northumberland and the principality of Durham ravaged. +A great quantity of plunder was collected, and the inhabitants compelled +to redeem their property by paying a high tribute. The army of Bruce +seemed invincible, and the northern counties of England were made to pay +dearly for the temerity of the king in venturing to challenge the +patriotism and prowess of the Scottish people. + +These events produced a profound impression on the people as a whole, +especially on the dwellers on the Scottish Border. The sacking of Berwick, +and the indiscriminate slaughter of its inhabitants, whose only offence +was that they refused to open their gates to the usurper, were not soon +forgotten, and engendered in the Border mind an undying hatred of England. +It is not to be wondered at that the inhabitants of the Scottish Border +should seldom either think or speak of the English except as their "auld +enemies." To despoil them became, if not a religious, at least a patriotic +duty. These circumstances to which reference has been made, and others of +a kindred nature, may account, in some degree at least, for the +extraordinary fact that the Border mosstrooper never seems to have been +ashamed of his calling. On the contrary he gloried in it. In his eyes it +was honourable and worthy. The undaunted bearing of the Bold Buccleuch, +for example, and his cavalier manner in dealing with the English wardens, +showed how thoroughly he enjoyed the work in which he was engaged. Eure +tells how, on one occasion, he sent his cousin, Henry Bowes, to confer +with this famous freebooter on some question in dispute, but Buccleuch +"scorned to speak with him, and gathered his forces; and if my said cousin +had not wisely foreseen and taken time to have come away he had been +stayed himself. Two several messages were sent from Buccleuch from out his +company that were in the field, part to have stayed with him and those +that were with him. Not long since some of his men having stolen in my +March, my men following their trade were stayed of his officer of +Hermitage, their horses taken and themselves escaped on foot."[3] + +The English warden had evidently considerable difficulty in accounting +for Buccleuch's attitude, for we find in a letter written to Burghley a +few days after this happened that he is disposed to attribute his enmity +to England to his zeal for Romanism. "His secret friends," he says, "say +he is a papist; his surest friends in court are papists about the Queen, +and labour his grace with the King. He strengthened himself much of late, +and secretly says he will not stir till some certainty of the Spaniards +arrive. To England he is a secret enemy, mighty proud, publishing his +descent to be from Angus, and laboureth to be created Earl, and claimeth +his blood to be partly royal. His poverty is great, all which concurring +with his pride and Spanish religion, I leave to your honourable wisdom to +censure." + +This picture is certainly painted in strong colours. The one point in it +which is really significant, however, is that Buccleuch was "a secret +enemy to England." This may be said of nine-tenths of the Border reivers. +It was not the mere love of plunder or mischief which impelled them to +prosecute their calling. They were animated by a spirit of revenge. Times +almost without number the armies of England had crossed the Border, +burning villages and homesteads, destroying the crops, carrying off goods +and cattle, leaving those whom they had thus ruthlessly despoiled to the +tender mercies of an uncertain climate and an impoverished soil, from +which even at the best they had difficulty in extracting a bare +subsistence. + +The English were, comparatively speaking, rich and powerful. They could +command great forces, against which it was in vain, in most cases, for the +Scottish Borderers to contend. Hence when they were assailed they drove +their cattle into the recesses of mountain or forest, burned or otherwise +destroyed what they could not remove--so that the enemy might be enriched +as little as possible--and betook themselves to some distant shelter, +where they awaited the course of events. As soon as the enemy had +withdrawn, they returned to their places of abode, which, though +destroyed, were easily reconstructed--the work of rebuilding being done in +a day or two--and then they set about recouping themselves for the losses +they had sustained by making incursions on the English Border, and +carrying off every thing they could lay their hands on. This system of +plunder and reprisal went on merrily along the whole line of the Borders +for many generations. All the great Border families were involved in it, +and devoted themselves to the work with a zeal and enthusiasm which left +nothing to be desired. They doubtless felt that in plundering the English +they were not only enriching themselves, but promoting the interests of +their country, and paying back a long standing and heavily accumulating +debt. + + + + +II. + +PERCY'S PENNON. + + "It fell about the Lammas time + When Yeomen wonne their hay, + The doughty DOUGLAS 'gan to ride + In England to take a prey." + + BATTLE OF OTTERBURN. + + +The Battle of Otterburn, which took place in the autumn of 1388, is +without question one of the most interesting episodes in Border history, +and is especially significant as an illustration of the prowess and +chivalry of the Border Chiefs. The chief combatants on the Scottish side +were the Earls of Douglas, Moray, March, and Crawford, the Lord +Montgomery, and Patrick Hepburn of Hales, and his son. On the English side +were Sir Henry (Hotspur) and Sir Ralph Percy, sons of the Earl of +Northumberland; the Seneschal of York, Sir Ralph Langley, Sir Matthew +Redman, governor of Berwick, Sir Robert Ogle, Sir Thomas Grey, Sir Thomas +Hatton, Sir John Felton, Sir John Lillburne, Sir William Walsingham, and +many others, all good men and true. The circumstances which brought about +this famous encounter are worth recalling, as they shed an interesting +light on the history of the period, as well as on the manners and customs +of the age. The Scots, with the aid of their French allies, under the +command of Sir John de Vienne, had made frequent successful incursions +upon the English Borders, ravaging with fire and sword considerable +districts of the country, both to the east and west of the frontier. This +naturally led to retaliating expeditions. At last the state of affairs +became so desperate that the young King, Richard II., determined to invade +Scotland, and mete out summary punishment on the depredators. An army of +extraordinary power and splendour was assembled; and the King, attended by +his uncles and all the principal nobles of the kingdom, set out for the +Scottish Border. If he expected to reap a rich harvest of booty by this +invasion of the Scottish kingdom he was doomed to bitter disappointment. +As he passed through Liddesdale and Teviotdale at the head of his army he +found that the country had been cleared of everything that could be +conveniently carried off. The cattle had been driven into the forest and +mountain fastnesses; all the goods and chattels had been secured in places +of safety; nothing was left but the green crops, and these being trampled +upon were rendered practically worthless. But most wonderful of all--he +never could come within sight of the enemy! The whole region through which +he passed was lonely and desolate as a wilderness. The reason of this was +that the French and Scots forces had fallen back upon Berwick, the +commander of the Scots army being unwilling to hazard the fate of the +country by an encounter with such an overwhelmingly superior force. The +French commander, De Vienne, was impatient, and bitterly disappointed at +not being permitted to attack the invaders. The Earl of Douglas, in order +to demonstrate the hopelessness of an encounter, conveyed him to a lofty +eminence, commanding a mountain pass through which the English army was at +that moment defiling, and where unseen themselves, they could see its +imposing array. The Scottish leader pointed out the number and discipline +of the men-at-arms, and the superiority of the equipments of the archers, +and then asked the French Knight whether he could recommend the Scots to +encounter such a numerous and completely accoutred army with a few +ill-trained Highland bowmen, and their light-armed prickers mounted on +little hackneys. He could not but admit the risk was too great. "But yet," +said he, "if you do not give the English battle they will destroy your +country." "Let them do their worst," replied Douglas, "they will find but +little to destroy. Our people have all retired into the mountains and +forests, and have carried off their flocks and herds and household stuff +along with them. We will surround them with a desert, and while they never +see an enemy they shall never stir a bow-shot from their standards +without being overpowered with an ambush. Let them come on at their +pleasure, and when it comes to burning and spoiling you shall see which +has the worst of it." "But what will you do with your army if you do not +fight," said De Vienne; "and how will your people endure the distress and +famine and plunder which must be the consequences of the invasion?" "You +shall see that our army shall not be idle," was the reply; "and as for our +Scottish people, they will endure pillage, and they will endure famine, +and every other extremity of war, but they will not endure English +masters." + +The wisdom of this course was proved by subsequent results. The English +army by the time it reached Edinburgh had got into the most desperate +straits owing to the scarcity of provisions. Multitudes perished from +want, and to escape total destruction a retreat was ordered through those +very districts "which their own merciless and short-sighted policy had +rendered a blackened desert." + +There is one important fact brought before us in this connection which +demands a passing notice. The Reformers have often been severely censured +for the wholesale destruction of the ancient Abbeys so intimately +associated with the "fair humanities" of the ritual and worship of the +Church of Rome. The saying attributed to Knox, about pulling down the +rookeries to prevent the crows building, has served as a convenient text +for many a philippic on the iconoclastic spirit and tendency of +Protestantism. But the truth is that Knox had as little sympathy with what +he calls the "rascal multitude," which sometimes engaged in this kind of +work, as any of those opposed to him. Our Abbeys for the most part owe +their destruction not to Reforming zeal, but to Catholic England's +cupidity and revenge. The beautiful Abbeys of Melrose, Dryburgh, and +Newbattle were given to the flames by the English soldiers at this time, +and the wanton destruction of these noble edifices created in the Scottish +mind a feeling of deep and bitter hostility. Jedburgh, too, owes its +destruction not to Scottish iconoclasm, but to English invasion. It was +pillaged and partly burned by the Earl of Surrey in the year 1523, and its +destruction was practically completed by the Earl of Hereford twenty-two +years afterwards; so that, so far at least as the Border Abbeys are +concerned, the charge so often preferred against the Reformers is a base +and stupid calumny. + +It was this invasion of the English army which led the Scottish nobles to +organise the expedition which may be said to have terminated so gloriously +at Otterburn. "The Scots," says Godscroft, "irritated herewith boyled with +desire and revenge, being at that time very flourishing with strong youth, +and never better furnished with commanders." The barons did not think it +politic, for various reasons, to take the King into their confidence. He +was of an essentially pacific disposition, and moreover was well stricken +in years, and it is almost certain, had the matter been laid before him, +he would have opposed the movement to the utmost of his power. His sons, +however, were prepared to give every encouragement and assistance, and the +barons in order to allay suspicion, and especially to prevent the English +getting to know their purposes and plans, assembled at a great feast in +Aberdeen and took counsel together. But, as Froissart says, "Everything is +known to them who are diligent in their inquiries." The English nobles +sent spies to Aberdeen, who, appearing in the guise of heralds and +minstrels, became familiar with the plans of the Scottish barons, and +speedily carried the information back to their own country. When the +Scottish army ultimately assembled at Yetholm, close to the English +Border, the English lords were well informed on nearly every point on +which information could be desired. Such a muster had not been seen, so it +was said, for sixty years. "There were twelve hundred spears, and forty +thousand other men and archers. These lords were well pleased on meeting +with each other, and declared they would never return to their homes +without making an inroad on England, and to such an effect as would be +remembered for twenty years."[4] + +The English had arranged that, if the Scots entered the country through +Cumberland and Carlisle, they would ride into Scotland by Berwick and +Dunbar, for they said, theirs is an open country that can be entered +anywhere, but ours is a country with strong and well fortified towns and +castles. It was therefore important they should know what route the Scots +had determined upon. To ascertain this they sent a spy to the Scots' camp +that he might report to them not only their intentions, but their speeches +and actions. The English squire who came on this errand had a singular and +exciting experience. He tied his horse to a tree in the neighbourhood of +the church, where the barons were assembled, and entered into the church, +as a servant following his master. When he came out he went to get his +horse, but to his consternation the animal had disappeared, "for a +Scotsman (for they are all thieves) had stolen him."[5] He went away, +saying nothing about his loss, a circumstance which at once excited +suspicion. One who saw him remarked, "I have witnessed many wonderful +things, but what I now see is equal to any; that man yonder has, I +believe, lost his horse, and yet he makes no inquiries after it. On my +troth, I doubt much if he belongs to us; let us go after him, and see +whether I am right or not." He was immediately apprehended, brought back, +and examined. He was told that if he tried to deceive them he would lose +his head, but if he told the truth he would be kindly treated. Being in +dread of his life, he divulged all he knew, and especially explained with +minuteness of detail the plans which had been concocted by his compatriots +for the invasion of Scotland. "When the Scottish lords heard what was said +they were silent; but looked at each other." + +It was now resolved to divide the army into two sections; one section, and +that much the larger of the two, to go into England through Cumberland, +the other to proceed along the valley of the Tyne to Durham. The latter +company, under the command of the Earl of Douglas, made a rapid march +through Northumberland, keeping a "calm sough" all the way, but as soon as +they got into the neighbourhood of Durham the fiends of war were let +loose. The first intimation the garrison in Newcastle had that the enemy +was within their gates, was the dense volumes of smoke which ascended from +burning towns and homesteads. Having gathered together an immense quantity +of booty, the Scots set out on their return journey, and crossing the Tyne +assaulted Newcastle, filling the ditches with hay and faggots, hoping +thereby to have drawn out the enemy to the open fields. But the English, +being in doubt as to the real strength of the Scots' army, were afraid to +challenge an encounter. But Sir Henry Percy, better known as _Hotspur_, +being desirous to try his valour, offered to fight the Douglas in single +combat. "They mounted on two faire steeds, and ran together with sharp +ground spears at outrance; in which encounter the Earl Douglas bore Percie +out of his saddle. But the English that were by did rescue him so that he +could not come at himself, but he snatched away his spear with his guidon +or wither; and waving it aloft, and shaking it, he cried aloud that he +would carry it into Scotland as his spoil."[6] The account which Froissart +gives of this notable encounter differs in some particulars from the +foregoing. He says:--"The sons of the Earl of Northumberland, from their +great courage, were always the first barriers, when many valiant deeds +were done with lances hand to hand. The Earl of Douglas had a long +conflict with Sir Henry Percy, and in it, by gallantry of arms, won his +pennon, to the great vexation of Sir Henry and the other English." The +Earl of Douglas said, "I will carry this token of your prowess with me to +Scotland, and place it on the tower of my castle at Dalkeith that it may +be seen from far." "By God, Earl of Douglas," replied Sir Henry, "you +shall not even carry it out of Northumberland; be assured you shall never +have the pennon to brag of." "You must come then," answered Earl Douglas, +"this night and seek for it. I will fix your pennon before my tent, and +shall see if you venture to take it away." As the balladist has vigorously +put it-- + + He took a long spear in his hand, + Shod with the metal free, + And for to meet the Douglas there, + He rode right furiouslie. + + But O how pale his lady look'd, + Frae aff the castle wa', + When down before the Scottish spear + She saw proud Percy fa'. + + "Had we twa been upon the green, + And never an eye to see, + I wad hae had you, flesh and fell;[7] + But your sword sall gie wi' me." + + "But gae ye up to Otterbourne, + And wait there dayis three; + And, if I come not ere three dayis end, + A fause knight ca' ye me." + + "The Otterbourne's a bonnie burn; + 'Tis pleasant there to be; + But there is nought at Otterbourne, + To feed my men and me. + + "The deer rins wild on hill and dale, + The birds fly wild from tree to tree; + But there is neither bread nor kail, + To fend[8] my men and me. + + "Yet I will stay at Otterbourne, + Where you shall welcome be; + And, if ye come not at three dayis end, + A fause lord I'll ca' thee." + + "Thither will I come," proud Percy said, + "By the might of our Ladye!" + "There will I bide thee," said the Douglass, + "My troth I plight to thee." + + They lighted high on Otterbourne, + Upon the bent sae brown; + They lighted high on Otterbourne, + And threw their pallions down. + + And he that had a bonnie boy, + Sent out his horse to grass; + And he that had not a bonnie boy, + His ain servant he was. + + +The Earl of Douglas having withdrawn his gallant troops to Otterburn, in +the parish of Elsdon, some thirty-two miles from Newcastle, and within +easy reach of the Scottish Border, was strongly urged to proceed towards +Carlisle, in order to join the main body of the army; but he thought it +best to stay there some three or four days at least, to "repell the +Percy's bragging." To keep his soldiers from wearying, he set them to take +some gentlemen's castles and houses that lay near, a work which was +carried out with the greatest alacrity and goodwill. They also +strengthened and fortified the camp where it was weak, and built huts of +trees and branches. Their baggage and servants they placed at the entrance +of a marsh, which lay near the Newcastle road; and driving their cattle +into the marsh land, where they were comparatively safe, they waited the +development of events. + +Nor were they long kept in suspense. The English having discovered that +the Scottish army was comparatively small, resolved at once to risk an +encounter. Sir Henry Percy, when he heard that the Scottish army did not +consist of more than three thousand men, including all sorts, became +frantically excited, and cried out--"To horse! to horse! for by the faith +I owe to my God, and to my lord and father, I will seek to recover my +pennon, and to beat up their quarters this night." He set out at once, +accompanied by six hundred spears, of knights and squires, and upwards of +eight thousand infantry, which he said would be more than enough to fight +the Scots. + +If Providence is always on the side of the heaviest battalion, as Napoleon +was wont to affirm, then the Scots on this occasion are in imminent danger +of having "short shrift." But it has been found that the fortunes of war +depend on a variety of circumstances that are frequently of more +importance than the number of troops, either on the one side or the other. +Discipline and valour, when combined with patriotism and pride-of-arms, +have accomplished feats which the heaviest battalions are sometimes +impotent to achieve. We by no means wish to imply that the English were +deficient in these desirable qualities; far from it. They were splendidly +led, and in the encounter displayed the most heroic qualities; but they +were matched by a small body of men, of the most dauntless courage and +invincible determination who were thoroughly inured to battle, and ever +ready at the call of duty, to encounter the most powerful foes. The Scots +were taken by surprise. Some were at supper, and others had gone to rest +when the alarm was given that the English were approaching. + + But up then spake a little page, + Before the peep of dawn-- + "O waken ye, waken ye, my good lord, + For Percy's hard at hand." + + "Ye lie, ye lie, ye liar loud! + Sae loud I hear ye lie; + For Percy had not men yestreen, + To dight my men and me. + + "But I have dream'd a dreary dream, + Beyond the Isle of Sky; + I saw a dead man win a fight, + And I think that man was I." + + He belted on his guid braid sword, + And to the field he ran; + But he forgot the helmit good, + That should have kept his brain. + + +The battle now raged in earnest. A bright warm day had been followed by a +clear still moonlight night. "The fight," says Godscroft, "was continued +very hard as among noble men on both sides, who did esteem more of glory +than life. Percy strove to repair the foil he got at Newcastle, and the +Earl Douglas did as much labour to keep the honour he had won. So in +unequal numbers, but both eager in mind, they continued fighting a great +part of the night. At last a cloud covering the face of the moon, not +being able to discern friend from foe, they took some respite for a while; +but so soon as the cloud was gone, the English gave so hard a charge, +that the Scots were put back in such sort, that the Douglas standard was +in great peril to have been lost. This did so irritate him, that he +himself in the one wing, and the two Hepburns (father and son) in the +other, pressing through the ranks of their own men, and advancing to the +place where the greatest peril appeared, renewed a hard conflict, and by +giving and receiving many wounds, they restored their men into the place +from whence they had been beaten, and continued the fight till the next +day at noon."[9] Foremost, in the thick of the fray, was the dauntless +Douglas, laying about him on every side with a mace of iron, which two +ordinary men were not able to lift, "and making a lane round about +wheresoever he went." + + When Percy wi' the Douglas met + I wat he was fu' fain! + They swakked their swords till sair they swat, + And the blood ran down like rain. + +"Thus he advanced like another Hector, thinking to recover and conquer the +field, from his own prowess, until he was met by three spears that were +pointed at him: one struck him on the shoulder, another on the stomach, +near the belly, and the third entered his thigh. He could never disengage +himself from these spears, but was borne to the ground fighting +desperately. From that moment he never rose again. Some of his knights and +squires had followed him, but not all; for though the moon shone it was +rather dark. The three English lances knew they had struck down some +person of considerable rank, but never thought it was Earl Douglas: had +they known it they would have been so rejoiced that their courage would +have been redoubled, and the fortune of the day had consequently been +determined to their side. The Scots were ignorant also of their loss till +the battle was over, otherwise they would certainly, from despair, have +been discomfited."[10] + +When at last the dying Douglas was discovered by his kinsman, James +Lindsay and John and Walter Sinclair, and was asked how he fared, he +replied, "I do well dying as my predecessors have done before; not on a +bed of lingering sickness, but in the field. These things I require you as +my last petitions; First, that ye keep my death close both from my own +folk, and from the enemy; then that ye suffer not my standard to be lost, +or cast down; and last that ye avenge my death, and bury me at Melrose +with my father. If I could hope for these things, I should die with the +greater contentment, for long since I heard a prophecy that a dead man +should win a field, and I hope in God it shall be I."[11] + + "My wound is deep; I fain would sleep, + Take thou the vanguard of the three, + And hide me by the bracken bush, + That grows on yonder lilye lee. + + "O bury me by the bracken bush, + Beneath the blooming brier, + Let never living mortal ken, + A kindly Scot lies here."[12] + +Throwing a shroud over the prostrate body of the wounded and dying +soldier, that the enemy might not discover who it was that had fallen, +they raised the standard and shouted lustily "a Douglas! a Douglas!" and +rushed with might and main upon the English host. Soon the English ranks +began to waver, and when at last it was known that Hotspur had been taken +prisoner by the Earl of Montgomery, "The enemy fled and turned their +backs." According to Godscroft there were 1840 of the English slain, 1040 +taken prisoners, and 1000 wounded. The losses on the Scottish, according +to the same historian, were comparatively trifling, amounting only to 100 +slain and 200 taken prisoners. + + This deed was done at Otterbourne + About the breaking of the day, + Earl Douglas was buried at the bracken bush, + And the Percy led captive away. + + +There are several incidents connected with this famous battle that are +worthy of special notice, but one in particular demands a passing word. +The Bishop of Durham, at the head of ten thousand men, appeared on the +field almost immediately after the battle had ended. The Scots were +greatly alarmed, and scarcely knew how, in the circumstances,--having so +many prisoners and wounded to attend to,--they were to meet this +formidable host. They fortified their camp, having only one pass by which +it could be entered; made their prisoners swear that, whether rescued or +not, they would remain their prisoners; and then they ordered their +minstrels to play as merrily as possible. The Bishop of Durham had +scarcely approached within a league of the Scots when they began to play +such a concert that "it seemed as if all the devils in hell had come +thither to join in the noise," so that those of the English who had never +before heard such were much frightened. As he drew nearer, the noise +became more terrific--"the hills redoubling the sound." The Bishop being +impressed with the apparent strength of the camp, and not a little alarmed +at the discordant piercing sounds which proceeded from it, thought it +desirable to retreat as speedily as possible, as it appeared to him that +there were greater chances of loss than gain. "He was affrighted with the +sound of the horns." + +Thus ended one of the most notable battles on record. The flower of the +chivalry of both nations took part in it, and never did men acquit +themselves with greater credit. Indeed it is generally admitted that the +valour displayed on both sides has rarely, if ever, been surpassed. But +perhaps most notable of all was the kindness and consideration displayed +towards those who had been wounded or taken prisoner. The former were +tended with the greatest care; and as for the latter, the most of them +were permitted to go back to their homes, after having given their word of +honour that they would return when called upon. Not more than four hundred +prisoners were carried into Scotland, and some of these were allowed to +regain their liberty by naming their own ransom. + +Many severe accusations have been brought against Scotsmen, and especially +Borderers, for their cruelty and inhumanity in time of war. It is perhaps +possible to make good this indictment; but we do not believe that in +regard to such matters the Scots were worse than their neighbours. And if +they had great vices, they had also splendid virtues. They were brave, +truthful, courteous, too ready perhaps to draw the sword on the slightest +provocation, but as has been shown in the present instance, they were +incapable of taking a mean advantage of a fallen foe. They loved fighting +for its own sake, as well as for the sake of the "booty," but when the +battle was over they cherished few resentments. The splendid qualities, +physical and moral, so conspicuously brought to view in the battle of +Otterburn cannot fail to suggest what a magnificent country Scotland might +have become many centuries ago had she only been blessed with wise Kings +and a strong Government. + + + + +III. + +POOR AND LAWLESS. + + "Mountainous and strange is the country, + And the people rough and savage." + + +We have seen that the feeling of hatred to the English which prevailed on +the Scottish Borders was due to some extent to the memory of the wrongs +which the Borderers had suffered at the hands of their hereditary enemies. +That this feeling had something to do with the existence and development +of the reiving system, must be apparent to every student of history and of +human nature. It was the most natural thing in the world that the dwellers +on the Scottish Border should seek to retaliate; and as the forces at +their command were seldom powerful enough to justify their engaging in +open warfare, they resorted to the only other method of revenge which held +out to them any hope of success. + +But while this aspect of the situation ought to be kept prominently in +view, there are other factors of the problem which must not be overlooked. +In the Middle Ages the district of country known as the Borders must have +presented a very different appearance from what it does at the close of +the 19th century. The Merse, which is now, for the most part, in a high +state of cultivation, and capable of bearing the finest crops, was then in +a comparatively poor condition, looked at from an agricultural point of +view. The soil in many places was thin, poor, and marshy. Drainage was +unknown, and the benefits accruing from the rotation of crops, and the +system of feeding the soil with artificial manures, so familiar in these +days of high farming, were then very inadequately appreciated. Perhaps an +exception to this statement ought to be made in favour of the land held +and cultivated by the great religious houses, such as Melrose, Jedburgh, +and Kelso. The tenants on these lands enjoyed special privileges and +immunities, and were thus able to prosecute their labour not only with +more skill, but with a greater certainty of success. It is sometimes said +that the monks knew where to pitch their camps; that they appropriated to +their own use and benefit the fairest and richest parts of the country; +but, as Lord Hailes very pertinently remarks, "When we examine the sites +of ancient Monasteries, we are sometimes inclined to say with the vulgar, +that the clergy in former times always chose the best of the land, and +the most commodious habitations, but we do not advert, that religious +houses were frequently erected on waste grounds, afterwards improved by +the art and industry of the clergy, who alone had art and industry."[13] +The land held by these houses was cultivated on more or less scientific +principles. "Within the precincts of the wealthier abbeys," says Skelton, +"an active industrial community was housed. The prescribed offices of the +church were of course scrupulously observed: but the energies of the +society were not exclusively occupied with, nor indeed mainly directed to, +the performance of religious duties. The occupants of the monasteries wore +the religious garb; but they were road-makers, farmers, merchants, +lawyers, as well as priests.... The earliest roads in Scotland that +deserved the name were made by the Monks and their dependents; and were +intended to connect the religious houses as trading societies with the +capital or nearest seaport. A decent public road is indispensable to an +industrial community: and a considerable portion of the trade of the +country was in the hands of the religious orders. The Monks of Melrose +sent wool to the Netherlands; others trafficked in corn, in timber, in +salmon.... Each community, each order, as was natural, had its +characteristic likings and dislikings. One house turned out the best +scholars and lawyers, another the finest wool and the sweetest mutton; one +was famed for poetry and history, another for divinity or medicine."[14] +It would therefore be nearer the truth to say that the monks made the +districts in which they lived rich and fertile; than that they found them +so, and took possession of them in consequence. + +But beyond the sphere of these monastic institutions, the state of matters +from an agricultural point of view could hardly have been worse. This was +mainly due to the fact that, so far as Berwickshire and some parts of +Dumfriesshire are concerned, the tiller of the soil was never sure that he +would have the privilege of reaping his harvest. By the time the grain was +ready for the sickle an English army might invade the country and give the +crops to the flames. This happened so frequently, and the feeling of +insecurity thus became so great, that husbandry at times was all but +abandoned. There can be no doubt that this was one prime factor in +creating the poverty which was so long a marked and painful feature of the +life of the Scottish Borders. + +On the other hand, there was a considerable extent of country, extending +from Jedburgh to Canobie, which was practically unfit for cultivation. The +Royal Forest of Ettrick was of great extent, and was reserved as a happy +hunting ground for the Court and its minions. Along the banks of the +Teviot and the Liddle, embracing a considerable portion of Roxburgh and +Dumfries, the extent of land capable of cultivation was by no means great, +even though it had been found practical, or politic, to put it under the +ploughshare. This region is one of the most mountainous in the South of +Scotland, and in ancient times abounded in quaking bogs and inaccessible +morasses. This district naturally became the favourite haunt of the Border +reiver. Here he could find ways and means either of securing his own +cattle, or those he had "lifted," from the search of the enemy by driving +them into some inaccessible retreat, the entrance to which it was +difficult, if not impossible, for strangers to discover. + +Of the general condition of the country at this time a vivid picture has +been given by Æneas Sylvius, one of the Piccolomini, afterwards Pius II., +who visited Scotland in the year 1413. He thus writes:--"Concerning +Scotland he found these things worthy of repetition. It is an _island +joined_ to England, stretching two hundred miles to the North, and about +fifty broad: a cold country, fertile of few sorts of grain, and generally +void of trees, but there is a sulphureous stone dug up which is used for +firing. The towns are unwalled, the houses commonly built without lime, +and in villages roofed with turf, while a cow's hide supplies the place of +a door. The commonalty are poor and uneducated, have abundance of flesh +and fish, but eat bread as a dainty. The men are small in stature, but +bold; the women fair and comely, and prone to the pleasures of love, +kisses being esteemed of less consequence than pressing the hand is in +Italy. The wine is all imported; the horses are mostly small ambling nags, +only a few being preserved entire for propagation; and neither curry-combs +nor reins are used. From Scotland are imported into Flanders hides, wool, +salt, fish, and pearls. _Nothing gives the Scots more pleasure than to +hear the English dispraised._ The country is divided into two parts, the +cultivated lowlands, and the region where agriculture is not used. The +wild Scots have a different language, and sometimes eat the bark of trees. +There are no wolves. Crows are new inhabitants, and therefore the tree in +which they build becomes royal property. At the winter, when the author +was there, the day did not exceed four hours." + +That there are several inaccuracies in this account goes without saying, +but they are just such mistakes as a person making a hurried run through +the country would very naturally commit. Wolves and crows were much more +plentiful at that period than the inhabitants wished, as may be seen from +various Acts of Parliament which were passed in order to promote their +destruction. But the general description of the country here given agrees, +in its main details, with other contemporary records, and presents a truly +dismal picture of the poverty of the people. + +Even as late as the 16th century there were few well-formed roads, other +than those already mentioned. There were no posts, either for letters or +for travelling. Education was confined to the library of the Convent, +where the sons of the barons were taught dialectic and grammar. Society +consisted mainly of the agricultural class, who were half enslaved to the +lords of the soil, and obliged to follow them in war. The people were +fearfully rude and ignorant, much more so than the English--in this +respect, indeed, contrasting unfavourably with almost any other European +State. Few of them could either read or write; even the most powerful +barons were often unable to sign their names. As might be expected in such +a condition of society, the nobles exercised great oppression on the poor. +The Government of the country was a mere faction of the nobility as +against all the rest. It is said that when a man had a suit at law he felt +he had no chance without using "influence." Was he to be tried for an +offence, his friends considered themselves bound to muster in arms around +the court to see that he got justice; that is, to get him off unpunished +if they could. Men were accustomed to violence in all forms as to their +daily bread. "The hail realm of Scotland was sae divided in factions that +it was hard to get any peaceable man as he rode out the hie way, to +profess himself openly, either to be a favourer to the King or Queen. All +the people were castin sae lowss, and were become of sic dissolute minds +and actions, that nane was in account but he that could either kill or +reive his neighbours."[15] + +Such facts as these indicate in a remarkable way the extraordinary +weakness of the executive government. It is abundantly evident that the +Scottish Parliament was most exemplary in passing measures for the +protection and amelioration of the people, but as Buchanan naively +remarks, "There was ane Act of Parliament needed in Scotland, a decree to +enforce the observance of the others." The King's writ did not run in many +districts of the country. The unfortunate element in the situation was +that it did not always coincide with the interests of the nobles to see +that the decrees of the Estates were carried into effect; and as a general +rule what did not happen to accord with their humour was set aside as of +no moment. The consequence was that many Acts of Parliament, relating +especially to the abnormal condition of the Borders, were no sooner passed +than they were treated as practically obsolete. This accounts for the +curious fact that we find the legislature returning again and again, at +brief intervals, to the consideration of the same questions, and issuing +orders which might as well never have been recorded. When the counsels of +a nation are thus divided, and especially when those who are charged with +the administration of the law pay no regard to it, in their own persons, +it would be a marvel if lawlessness in its multifarious forms did not +become the dominant characteristic of the great body of the people. That +this was the result produced is painfully evident. The great barons were +practically supreme within their own domains, for while the execution of +the laws might nominally pertain to the Sovereign, the soldiers belonged +to their Chiefs, and were absolutely at their command. Laws which cannot +be enforced at the point of the sword must in the nature of the case +remain practically inoperative. This unfortunate condition of affairs was +a fruitful source of misery and mischief, especially on the Borders, where +the prevalence of the clan-system conferred on the Chiefs the most +arbitrary and far-reaching powers. Had there been any possibility of +bringing the Border barons under effective governmental control "the +thefts, herschips, and slaughters," for which this district was so long +notorious, would have been in great part prevented. These men not only +incited to crime, but standing as they did between the ruler and the +ruled, they threw the ægis of their protection over the lawless and +disobedient. + +If only that nation is to be reckoned happy which has few laws, but is +accustomed to obey them, then Scotland, and the Borders in particular, +must have been in a most unfortunate condition during a lengthened period +of its history. The laws passed were numerous; the obedience rendered most +difficult to discover. But while these enactments rarely succeeded in +producing the results aimed at, they are, notwithstanding, exceedingly +valuable to the historian because of the interesting light they cast on +the conditions and habits of the people. In the year 1567, in the first +Parliament of James VI., an important Act was passed, entitled "Anent +Theft and Receipt of Theft, Taking of Prisoners by Thieves, or Bands for +Ransoms, and Punishment of the same." It relates especially to the +Sheriffdoms of Selkirk, Roxburgh, Peebles, Dumfries, and Edinburgh, "and +other inhabitants of the remanent Shires of the Realm," bearing that it is +not unknown of the continual theft, reif, and oppression committed within +the bounds of the said Sheriffdoms, by thieves, traitors, and other +ungodly persons, having neither fear of God nor man, which is the chief +cause of the said thefts. And that the said thieves and "broken men" +commit daily "thefts, reifs, herschips, murders, and fire raisings" upon +the peaceable subjects of the country, "besides also takes sundrie of +them," detains them in captivity as prisoners, ransoms them, "or lettis +them to borrowis for their entrie again." In like manner, it is said, +divers subjects of the inland, take and sit under their assurance paying +them blackmail, and permitting them to "reif, herrie, and oppress their +nichtbouris" with their knowledge and in their sight, without resistance +or contradiction. + +To remove these inconveniences it was statute and ordained that whoever +receipted, fortified, maintained, or gave meat, harbourage, or assistance +to any thieves in their theftuous stealing or deeds, either coming +thereto, or passing therefrom, or intercommunes or trysts with them, +without licence of the keeper of the country, where the thief remains +shall be called therefore at particular diets "criminally other airt and +pairt in their theftuous deeds," or proceeded against civilly, after +fifteen days warning, "without diet or tabill." It was further ordained +under pain of lese majesty, that no true and faithful lieges taken by +these men should be holden to enter to them, all bonds to the contrary +notwithstanding. And if anyone should happen to take and apprehend any of +the said thieves, either in passing to commit said theft, or in the actual +doing thereof, or in their returning thencefrom, he was in no case to set +them at liberty; but to present them before the Justice, and his deputies +in the tolbooth of Edinburgh, within fifteen days, "gif their takeris +justifye them not to the death them selfis." Further, it was ordained that +none take assurance, or sit under assurance of said thieves, or pay them +blackmail, or give them meat or drink, under pain of death. In like +manner when thieves repaired to steal or reive within the incountry the +lieges were commanded to rise, cry, and raise the fray and follow them, +coming or going, on horse and foot, for recovery of the goods stolen, and +apprehending of their persons, under pain of being held partakers in the +said theft. It was also added that if any open and notorious thief came to +a house, the owner of the house might apprehend him without reproach.[16] + +These enactments are at once minute and comprehensive, and had the power +to enforce them corresponded in any degree with the good intentions of +those who framed them, there would have been a considerable change +produced in the affairs of the Border. But the truth is these so-called +statutes were but little better than mere "pious opinions," reflecting +credit on those responsible for them, but producing no impression, or next +to none, on the country. Not many years after the passing of these Acts we +find the Estates busy at work again passing measure after measure for the +quieting of the disordered subjects on the Borders, for the staunching of +theft and slaughter, and the punishment of "wicked thieves and limmers." +Things had gone from bad to worse. Every man's hand was against his +neighbour. Clan rose against clan; the Scotts and the Kerrs, the Maxwells +and Johnstones, were constantly embroiled in petty warfare, the results +of which, however, were sometimes most disastrous. "The broken +men"--Græmes, Armstrongs, Bells, and other inhabitants of the Debateable +land--finding it either unsafe or inconvenient to commit such frequent +"herschips" on the English border, betook themselves with all their +accustomed enthusiasm to the plundering of their Scottish neighbours. They +are described as "delighting in all mischief, and maist unnaturally and +cruelly wasting and destroying, harrying and slaying, their own +neighbours." The Privy Council at last determined to deal with these +matters, and arranged to sit on the first day of every month in the year +for this purpose. Trial and injunction was to be taken of the diligence +done in the execution of things directed the month preceding, and of +things necessary and expedient to be put in execution during the next +month to come, and that a special register be kept of all that shall +happen to be done and directed in matters concerning the quietness and +good rule of the Borders. But to make assurance doubly sure it was also +ordained at the same time that all landlords and bailies of the lands, +should find sufficient caution and surety, under pain of rebellion, to +bring all persons guilty of "reife, theft, receipt of theft, depredations, +open and avowed fire-raisings, upon deadly feud, protected and maintained +by their masters," before "our sovereign lord's Justice," to underlie the +law for the same. Failing their doing so, the landlords and bailies were +bound to satisfy the party skaithed, and to refund, content, and pay to +them their "herschips and skaithes." And further, the chief of the clan, +in the bounds where "broken men" dwell, and to which "broken men" repair +in their passing to steal and reive, or returning therefrom, shall be +bound to make the like stay and arrestment, and publication as the +landlords or bailies, and be subject to the like redress, criminal and +civil, in case of their failure and negligence. In addition to the +foregoing ordinances, it was resolved that all Captains, Chiefs, and +Chieftains of the clans, dwelling on the lands of divers landlords, shall +enter pledges for those over whom they exercise authority, upon fifteen +days' notice, before his Highness and his secret Council, said pledges to +be placed as his Highness shall deem convenient--"for the good rule in +time coming, according to the conditions above written whereunto the +landlords and bailies are subject; under the pain of the execution of the +said pledges to the death, and no redress made by the persons offended for +whom the pledges lie." + +We also learn from another Act of Parliament, passed at the same time, +that all pledges received for the good rule and quietness of the Border +shall be placed on the north side of the water of Forth, without exception +or dispensation; and the pledges for the good rule of the Highlands and +Isles, to be placed on the south side of the same water of Forth. + +But one of the most extraordinary Acts passed by this Parliament was an +Act forbidding the Scottish Borderers to marry the daughters of the +"broken men" or thieves of England, as it was declared this was "not only +a hindrance to his Majesty's service and obedience, but also to the common +peace and quietness betwixt both the Realms." It was therefore statute and +ordained "that nane of the subjects presume to take upon hand to marrie +with onie English woman, dwelling in the opposite Marches, without his +Highness' express licence, had and obtained to that effect, under the +great Seal; under the paine of death, and confiscation of all his goods +moveable; and this be a special point of dittay in time cumming." + +These enactments were doubtless well meant, and under ordinary +circumstances might have been expected to bring about beneficial results; +but unfortunately they were treated with callous indifference. No +improvement was effected. The "broken men" were not to be intimidated by +such measures. They laughed at Parliament, and scorned the laws. This is +brought out in the most conclusive manner in the records of the State +Paper Office, as we shall have occasion to point out in succeeding +chapters. But proof of another kind lies ready to hand. An Act of +Parliament was passed in 1593, just six years after those already noticed, +in which complaint is made of the rebellious contempt of his Highness' +subjects who, without regard of their dutiful obedience, pass daily to the +horn, "for not finding of law surety;" and "for not subscribing of +assurances in matter of feud," and for "dinging and stricking his +Majesty's messengers," in execution of their offices. Notice is also taken +of some who nightly and daily reive, foray, and commit open theft and +oppression: "for remead whereof, our said Sovereign Lord, ordains the Acts +and laws made before to be put to execution, and ratifies and approves the +same in all points." It was further ordained that no respite or remission +was to be granted at any time hereafter to any person or persons that pass +to the horn for "theft, reif, slauchter, burning or heir-shippe, while the +party skaithed be first satisfied; and gif ony respite or remission shall +happen to be granted, before the partie grieved be first satisfied, the +samin shall be null and of nane avail, be way of exception or reply, +without any further declaritour; except the saidis remissiones and +respittes be granted, for pacifying of the broken Countries and +Borders."[17] + +These may be regarded as fair samples of the long list of measures passed +at different times by the Scottish Parliament for the regulation of +Border affairs during the reign of the Jameses. In reading them one is +forcibly reminded of a remark made by one of the English wardens, that +"things were very tickle on the Scottish Border." No respect was paid to +the law, either by the Chiefs or their clansmen. In the preface to Cary's +Memoirs, these Scottish Borderers are described as "equalling the Caffirs +in the trade of stealing, and the Hottentots in ignorance and brutality." +This savage indictment is borne out by Sir William Bowes who, in a letter +to Burghley in the year 1593--nearly forty years after the +Reformation--thus writes:--"The opposite wardens and officers being always +Borderers bred and dwelling there, also cherish favourites and strengthen +themselves by the worst disposed, to support their factions. And as they +are often changed by the King for their misdemeanours, the new man always +refuses to answer for attempts before his time. Cessford the warden cannot +answer for the whole Middle March, but must seek to Fernihirst for one +part, and Buccleuch for Teviotdale. + +"_Execrable murders are constantly committed_, whereof 4 new complaints +were made to the lords in the few days they were here, and 3 others this +month in Atholstonmoor. The gentlemen of the Middle March recount out of +their memories nearly 200 Englishmen, miserably murdered by the Scots, +since the tenth year of her Majesty's reign, for which no redress hath at +all been made.... I have presumed to testify this much to your lordship +more tediously than I should; yet will be ready to do more particularly, +if you direct me. Praying you to receive from some other, equally heedful +of truth--and in meantime trusting you will cover my name from undeserved +offence--I pray God to make you an instrument under our gracious sovereign +to cure the aforesaid gangrene thus noisomely molesting the foot of this +kingdom."[18] + +This "gangrene" was of long standing, and as we shall find was not to be +easily eradicated. + +But while poverty,--largely due to circumstances over which the people had +no control,--and lawlessness,--the result of the inherent weakness of the +central government,--had much to do in creating that condition of affairs +on the Borders which we have briefly described, there were other and +perhaps more potent causes which demand consideration. Foremost among +these was the almost entire absence of the restraints and sanctions of +religion. In one of the Acts of Parliament already noticed it is +significantly declared that one of the principal causes of the lawlessness +of the Borders was that "they had neither the fear of God nor man." To +those familiar with certain phases of Border history this may appear +somewhat anomalous. At an early period in the religious life of Scotland +this district was brought under the influence of the Evangel by St. Aidan +and St. Cuthbert. That the work of these missionaries was signally +successful, is shown in the large number of churches planted all over the +Borderland. After the time of Queen Margaret, whose influence in certain +directions was almost marvellously potent, the great religious houses of +the Borders rose in rapid succession, such as Melrose, Kelso, and +Jedburgh, each a centre and source of religious and social wellbeing. The +moral life of the people, notwithstanding the existence of such beneficent +institutions, may have been of an indifferent character; but what the +state of matters might have been, had those places, and what they +represented, never been in existence at all, it is impossible to conceive. +It was a true instinct which led the people to regard the Abbey of +Haddington as the "Lamp of the Lothians." And the same designation might +have been applied with equal appropriateness to every Abbey in the +country. Those places for many generations represented all that was +highest and best in the thought and life of Mediævalism. Here law and +order were supreme. Round those religious houses industrial, orderly +communities sprang up, whose influence was felt throughout the length and +breadth of the land. The Monasteries may deserve all that was said of +them in later times, but, throughout a considerable period of their +history, their influence was almost wholly beneficial. Scotland owes much +to them, and there is no reason why the fact should not be generously +recognised. It is no doubt true that, for some considerable time before +the Reformation, those great institutions had sadly degenerated. "Jeshurun +waxed fat and kicked." The time came when they had, perforce, to yield to +those disintegrating processes which usually herald the advent of reform. +The old order changeth. The new wine of a democratic Protestantism, in +which the claims of the individual, his right to think for himself, and +form his own judgments, are prominent ingredients, agreed but +indifferently with the old bottles of an earlier Faith and Polity. And so +the Monasteries disappeared. + +But it was long ere the new light of the Reformation made itself +practically felt on the Borders. When the influences which had hitherto +been so potent ceased to operate, a condition of religious and moral chaos +supervened. Hundreds of churches were left without ministers. Whole +districts practically lapsed into barbarism. For at least fifty years +after the Reformation, the Scottish Borders were to all intents and +purposes out-with the influence of the Church. Even as late as the +Covenanting period their condition had not greatly improved. "We learn," +says Sir Walter Scott, "from a curious passage in the life of Richard +Cameron, a fanatical preacher during what is called the time of +'persecution,' that some of the Borderers retained till a late period +their indifference about religious matters. After having been licensed at +Haughead, in Teviotdale, he was, according to his biographer, sent first +to preach in Annandale. 'He said, How can I go there? I know what sort of +people they are.' But Mr Welch said, 'Go your way, Ritchie, and set the +fire of hell to their tails.' He went, and the first day he preached on +the text--_How shall I put thee among the children, &c._ In the +application he said, 'Put you among the children! the offspring of thieves +and robbers! we have all heard of Annandale thieves.' Some of them got a +merciful cast that day, and told afterwards that it was the first field +meeting they had ever attended, and that they went out of mere curiosity, +to see a minister preach in a tent, and people sit on the ground."[19] + +During the period of religious decadence, prior to the Reformation, a +remarkable custom, not unknown elsewhere, prevailed on the Borders. Owing +to the scarcity of clergymen, especially in the Vales of Ewes, Esk, and +Liddle, the rites of the church were only intermittently celebrated, a +circumstance which gave rise to what was known as _Hand-fasting_. Loving +couples who met at fairs and other places of public resort agreed to live +together for a certain period, and if, when the _book-a-bosom_ man, as the +itinerant clergyman was called, came to pay his yearly visit to the +district, they were still disposed to remain in wedlock they received the +blessing of the church; but if it should happen that either party was +dissatisfied, then the union might be terminated, on the express +condition, however, that the one desiring to withdraw should become +responsible for the maintenance of the child, or children, which may have +been born to them. "The connection so formed was binding for one year +only, at the expiration of which time either party was at liberty to +withdraw from the engagement, or in the event of both being satisfied the +'hand-fasting' was renewed for life. The custom is mentioned by several +authors, and was by no means confined to the lower classes, John Lord +Maxwell and a sister of the Earl of Angus being thus contracted in January +1577."[20] + + + + +IV. + +RAIDS AND FORAYS. + + "Then forward bound both horse and hound, + And rattle o'er the vale; + As the wintry breeze through leafless trees + Drives on the pattering hail. + + "Behind their course the English fells + In deepening blue retire; + Till soon before them boldly swells + The muir of dun Redswire." + + LEYDEN. + + +To give anything like an adequate account of the various raids and forays, +on the one side of the Border and the other, would fill many volumes. +These raids, as we have already noticed, began at an early period, and +were carried on almost without intermission for at least three hundred +years. The Armstrongs and Elliots in Liddesdale, and many of the other +noted clans in Merse and Teviotdale, were "always riding." As an English +warden remarks in one of his despatches to the Government:--"They lie +still never a night"--a statement which may be accepted as literally true. +At some point or other along the Border line, invasions either on the +part of the Scots or English were constantly occurring. In this respect, +more especially during the reign of Queen Elizabeth, the Scots were +perhaps the principal offenders. But as a general rule their invasions, +though frequent, were on a comparatively small scale, partaking rather of +the nature of forays than of raids. They would hurriedly cross the Border +of an evening, drive together as many cattle or sheep as they could find, +and then hasten back with all possible speed to their own country. +Sometimes, if they were compelled to go a considerable distance inland, +they would hide during the day in some quiet glen, within the enemy's +territory, and then sally forth as soon as the moon lent her kindly aid, +and accomplish with the utmost expedition the task which had brought them +thither. It is said that these incursions were marked with the desire of +spoil rather than of slaughter, a statement which may be true so far as +forays generally are concerned, but which certainly does not apply to the +more important raids. These latter incursions were marked with every +element of ferocity and bloodshed. In some of the raids conducted by +Cessford and Buccleuch, in the 15th century, in Redesdale and Tynedale, +many lives were sacrificed, and all who offered resistance were put to the +sword. Hertford, Wharton, and others, in their raids upon the Scottish +Border seemed often more intent on shedding blood than securing booty. +The statement that these incursions were marked with a desire of spoil +rather than bloodshed must therefore be accepted _cum grano salis_. + +It would seem that the season of year most favourable to reiving was +between Michaelmas and Martinmas. The reason of this is not difficult to +discover. The reivers in their expeditions hardly ever went on foot. They +rode small hackneys--hardy, well-built animals--on which they cantered +over hill and dale, moor and meadow, a circumstance which gained for them +the name of _hobylers_. In the late autumn the moors and mosses were drier +than at any other season of the year, which made riding, in certain +districts especially, a much more easy and expeditious undertaking. Then +the winter supply had to be secured. The beef tub required replenishing, +and as the "mart" was rarely ever fed at home it had to be sought for +elsewhere. It was a case of all hands to work, and every available horse +or rider was brought into requisition. + +Leslie has given a graphic description of the methods adopted by the +Border reivers to secure their booty. Everything was gone about in the +most orderly and deliberate manner. He says that the reivers never told +their beads with so much devotion as when they were setting out on a +marauding expedition, and expected a good booty as a recompense of their +devotion! "They sally out of their own borders in troops, through +unfrequented ways and many intricate windings. In the day time they +refresh themselves and their horses in lurking places they had pitched on +before, till they arrive in the dark at those places they have a design +upon. As soon as they have seized upon their booty, they, in like manner, +return home in the night; through blind ways and fetching many a compass. +The more skilful any captain is to pass through these wild deserts, +crooked turnings, and deep precipices, in the thickest mists and darkness, +his reputation is the greater, and he is looked upon as a man of an +excellent head, and they are so very cunning, that they seldom have their +booty taken from them, unless sometimes, when by the help of bloodhounds, +following them exactly upon the track, they may chance to fall into the +hands of their adversaries. When being taken they have so much persuasive +eloquence, and so many smooth and insinuating words at command, that if +they do not move their judges, nay and even their adversaries, to have +mercy, yet they incite them to admiration and compassion." + +Such a skilful "Captain," as is here referred to, was the famous Hobbie +Noble, who terminated his adventurous career in "Merrie Carlisle," where +so many famous freebooters, at one time or other, have paid the last +penalty of the law. Speaking of himself, he says:-- + + "But will ye stay till the day gae down, + Until the night come o'er the ground, + And I'll be a guide worth ony twa + That may in Liddisdale be found! + + "Though the night be dark as pick and tar, + I'll guide ye o'er yon hill sae hie; + And bring ye a' in safety back, + If ye'll be true and follow me." + + +But the skill of the leader of the foray was not always sufficient to +bring his followers safely back to their homes and families. When the +bloodhounds were put on the track it was often a matter of the greatest +difficulty for the thieves to elude their pursuers. + + "The russet bloodhound wont, near Annand's stream, + To trace the sly thief with avenging foot + Close as an evil conscience." + + +These useful animals were kept at different points along the Border, and +as they rendered most important services, we are not surprised to learn +that a good sleuth-hound often sold as high as a hundred crowns. + +It may be interesting, before proceeding to give an account of some of the +more famous raids, to glance briefly at the manner in which the raiders +were armed and accoutred for the fray. Froissart has given the following +account of the Scottish Borderers, and Scottish soldiers generally, as +they appeared towards the close of the fourteenth century. "The Scots," he +says, "are bold, hardy, and much inured to war. When they make their +invasions into England, they march from twenty to four-and-twenty leagues +without halting, as well by night as by day; for they are all on +horseback, except the camp followers, who are on foot. The knights and +esquires are mounted on large bay horses, the common people on little +Galloways. They bring no carriages with them, on account of the mountains +they have to pass in Northumberland; neither do they carry with them any +provisions of bread and wine, for the habits of sobriety are such in time +of war that they will live a long time on flesh half sodden, without +bread, and drink the river water without wine. They have therefore no +occasion for pots or pans, for they dress the flesh of their cattle in the +skins after they have taken them off; and being sure to find plenty of +them in the country which they invade, they carry none with them. Under +the flaps of his saddle each man carries a broad plate of metal, behind +the saddle a little bag of oatmeal. When they have eaten too much of the +sodden flesh, and their stomach appears weak and empty, they place this +plate over the fire, mix with water their oatmeal, and when the plate is +heated they put a little of the paste upon it and make a thin cake like a +cracknel or biscuit, which they eat to warm their stomachs; it is +therefore no wonder they perform a longer day's march than other soldiers. +In this manner the Scots entered England, destroying and burning +everything as they passed. They seized more cattle than they knew what to +do with. Their army consisted of four thousand men at arms, knights, and +esquires, well mounted, besides twenty thousand men, bold and hardy, armed +after the manner of their country, and mounted upon little hackneys that +are never tied up or dressed, but are turned immediately after the day's +march to pasture on the heath or in the field."[21] + +It may be said that this description--which, it may be remarked, is as +graphic in outline as it is minute in detail--applies rather to the +regular army than to those undisciplined marauding bands which infested +the Borders, and to which the name "reivers" or "mosstroopers" is usually +assigned. This is no doubt true. At the same time, it must not be +forgotten that many of the more important raids were undertaken by large +bodies of troops, numbering sometimes three or four thousand men. This +much at least is certain that the Border reiver was always well mounted, +and well armed with lance or spear, which, on occasion, he could use with +much dexterity and skill. With a steel cap on his head, a jack slung over +his shoulders, a pistol or hagbut at his belt, he was ever ready for the +fray, and prepared to give or take the hardest blows. He was naturally +fond of fighting. Like Dandie Dinmont's terriers he never could get enough +of it, and must have found life peculiarly irksome when he was compelled +to desist from his favourite pastime. He lived in the saddle, and was as +unaccustomed to the ordinary occupations of the world as the wild Arab of +the desert. + +Even to enumerate the raids and forays on the one side or the other, of +which some record has been left either in the Histories of the two +Kingdoms, or in the archives of the State Paper Office, would be an almost +endless task, and moreover would serve no really useful purpose. The +details of the "burnings," "herschips," and "slaughters," which were the +necessary concomitants of these invasions, are much the same in all cases. +It is a dreary tale of theft and oppression, bloodshed and murder. The +following incidents may be taken as fairly illustrative examples. + +During the reign of Henry VIII. the relations between the two kingdoms +were often of a most unsatisfactory and unsettled character. This was due +to a variety of causes, partly political and partly religious. The same +difficulties cropped up in the subsequent reigns of Edward, Mary, and +Elizabeth, and the consequence was that war clouds were ever hanging, dark +and threatening, on the horizon. The mutual antagonism between the two +countries fostered the raiding tendencies of both kingdoms. The Scots were +intent on despoiling their more wealthy neighbours, and the English never +missed an opportunity of humiliating and crippling their ancient foes. + +Two of the most destructive invasions, or raids, on the part of the +English were conducted by the Earl of Hertford and Sir Ralph Eure. The +former invaded the country both by sea and land. Edinburgh and Leith +suffered severely. The Abbey and Palace of Holyrood were given to the +flames. All along the east coast, and southwards as far as Merse and +Teviotdale, marked the steps of the retreating and relentless invaders. +Henry's savage instructions were faithfully carried out. When Hertford set +out on this expedition he was commanded "to put all to fire and sword, to +burn Edinburgh town, and to raze and deface it; when you have sacked it, +and gotten what you can out of it, as that it may remain for ever a +perpetual memory of the vengeance of God lighted upon it, for their +falsehood and disloyalty. Do what you can out of hand, and without long +tarrying, to beat down and overthrow the Castle, sack Holyrood-house, and +as many towns and villages about Edinburgh as ye conveniently can; sack +Leith and burn and subvert it, and all the rest, putting man, woman, and +child to fire and sword, without exception, where any resistance shall be +made against you; and this done, pass over to the Fife land, and extend +the extremities and destructions in all towns and villages whereunto you +may reach conveniently, and not forgetting amongst all the rest so to +spoil and turn upside down the Cardinal's town of St. Andrews, as the +upper stone may be the nether, and not one stick stand by another, sparing +no creature alive within the same, specially such as in friendship or +blood be allied to the Cardinal."[22] + +This hideous policy on the part of the English King was fruitful mainly of +bitter memories. He did not accomplish the object he had in view, but he +certainly succeeded in engendering in the Scottish mind a feeling of the +most bitter hostility. It produced, however, one good result. It alienated +from the English monarch some of those nobles who had for some time been +wavering in their allegiance to the Scottish throne, and had been, either +secretly or openly, lending their aid to further the machinations of the +English government. + +But destructive as Hertford's invasion proved (which has been well +described as only a foray on a large scale), it was totally eclipsed by +the raid undertaken by Sir Ralph Eure in the following year, 1544. He +crossed the Scottish Border with a considerable army, and laid waste +nearly the whole of Merse and Teviotdale, reducing that large and +important district to a blackened desert. Jedburgh and Kelso were burnt +to the ground, and the surrounding country plundered and destroyed. "The +whole number of towns, towers, stedes, barnekins, parish churches, +bastel-houses, seized, destroyed, and burnt, in all the Border country, +was an hundred and ninety-two, Scots slain four hundred, prisoners taken +eight hundred and sixteen, nolt ten thousand three hundred and eighty-six, +sheep twelve thousand four hundred and ninety-six, gayts (goats) two +hundred, bolls of corn eight hundred and fifty, insight gear--an +indefinite quantity. + +"The great part of these devastations were committed in the Mers and +Teviotdale.... The other commanders of chief note, besides Sir Ralph Eure, +were Sir Brian Laiton and Sir George Bowes. On the 17th July, Bowes, +Laiton, and others burnt Dunse, the chief town of the Mers, and John +Carr's son with his garrison entered Greenlaw, and carried off a booty of +cattle, sheep, and horses. On the 19th of the same month, the men of +Tyndale and Ridsdale, returning from a road into Tiviotdale, fought with +the laird of Ferniherst and his company, and took himself and his son John +prisoners. On July 24th the Wark garrison, the Captain of Norham Castle, +and H. Eure, burnt long Ednim, made many prisoners, took a bastel-house +strongly kept, and got a booty of forty nolt and thirty horses, besides +those on which their prisoners were mounted, each on a horse. August 2d, +the captain of Norham burnt the town of Home, hard to the castle gates, +with the surrounding stedes. September 6th, Sir Ralph Eure burnt Eikford +church and town, the barnekyn of Ormiston, and won by assault the Moss +Tower, burnt it, and slew thirty-four people within it; he likewise burnt +several other places in that neighbourhood, and carried off more than five +hundred nolt and six hundred sheep, with a hundred horseload of spoils got +in the tower. September 27th, the men of the east and part of the middle +march won the church of Eccles by assault, and slew eight men in the abbey +and town, most part gentlemen of head sirnames; they also took several +prisoners, and burnt and spoiled the said abbey and town. On the same day +the garrison of Berwick brought out of the east end of the Mers six +hundred bolls of corn, and took prisoner Patrick Home, brother's son to +the laird of Ayton. November 5th, the men of the middle march burnt +Lessudden, in which were sixteen strong bastel-houses, slew several of the +owners, and burnt much corn. November 9th, Sir George Bowes and Sir Brian +Laiton burnt Dryburgh, a market town, all except the church, with much +corn, and brought away a hundred nolt, sixty nags, an hundred sheep, and +much other booty, spoilage, and insight-gear."[23] + +This record is an instructive one. It shows how these merciless raiders +were dominated by the spirit of destruction and revenge. Nothing was +spared which it was possible for them to destroy. This invasion must have +proved peculiarly vexatious and disheartening to the Scottish Borderers. +Flodden had left them terribly crippled. The damage they had sustained was +not only of a material kind--the loss of men and resources--it was also, +to a certain extent, moral and intellectual. They had become utterly +disheartened, and it was some considerable time before they regained their +wonted confidence and intrepidity: + + "Dool and wae for the order, sent our lads to the Border! + The English, for ance, by guile wan the day: + The flowers of the forest, that fought aye the foremost, + The prime of our land, are cauld in the clay. + + "We'll hear nae mair lilting, at the ewe milking; + Women and bairns are heartless and wae: + Sighing and moaning on ilka green loaning-- + The flowers of the forest are a' wede awae." + + +The darkest part of the night precedes the dawn. Help was forthcoming from +an unexpected quarter. Henry had promised to give Eure a grant of all the +land he could conquer in Merse, Teviotdale, and Lauderdale, and it so +happened that the greater part of the district named belonged to Angus, +who was then in disgrace at the Scottish Court, and for some time had been +currying favour with the English King. When he learned what had taken +place, his indignation was unbounded. He swore that "if Ralph Eure dared +to act upon the grant, he would write his sasine, or instrument of +possession, on his skin with sharp pens and bloody ink." Scotland has not +unfrequently been deserted by her nobles at the most critical periods of +her history, but just as often has she been saved by their valour and +patriotism. On the present occasion, Angus was not moved to action, +perhaps, by any really patriotic feeling. Had his own interests not been +imperilled, he would in all probability have remained an idle spectator of +the ruin and devastation which, like a flood, was rushing over the land. +Be this as it may, he acted with promptitude and effect. Having been +joined by the Regent, who brought with him a small and hastily-gathered +force, Angus challenged the English army at Melrose; and, though at first +he was compelled to retreat, he hung upon the rear of the enemy until, +joined by Sir Walter Scott of Buccleuch and the redoubtable Norman Leslie, +he gave them battle on Ancrum Moor. The English, flushed with confidence +by their former successes, rushed precipitately upon the Scottish army, +believing that their ranks had fallen into confusion, and were preparing +for flight. It was not long ere they were undeceived. The Scots were ready +for the encounter, and in a short time completely routed the formidable +host by which they were assailed. The battle speedily became a slaughter. +Sir Ralph Eure and Sir Brian Layton both lay dead on the field, a thousand +prisoners were taken, among them being many persons of rank, for whom high +ransoms were exacted. It is said that the peasantry of the neighbourhood, +hitherto only spectators of the short conflict, drew near to intercept and +cut down the English; and women, whose hearts had been steeled against the +fugitives by their atrocious barbarities, joined in the pursuit, and +spurred on the conquerors by calling upon them to "remember Broomhouse." +One of these heroines has been immortalized. Her monument may still be +seen in the neighbourhood of Ancrum. On it were inscribed the following +lines:-- + + "Fair maiden Lilliard lies under this stane, + Little was her stature, but great was her fame; + Upon the English loons she laid many thumps, + And when they cutted off her legs she fought upon her stumps." + + +Some may be disposed to think that the devastations caused by Hertford and +Sir Ralph Eure must be exceptional; that the raiding and reiving must have +gone on much more quietly than such accounts would lead us to suppose. But +this is not so. The Borders were kept in a constant state of turmoil. They +had no sooner recovered from one invasion than they were subjected to +another. Long before Hertford's time, for example, Lord Dacre, one of the +English wardens, made a succession of the most disastrous raids on the +Scottish Border, and carried off immense quantities of booty. He was +exultant over his good fortune. Writing under date October 29, 1513, he +says:--"On Tewsday at night last past, I sent diverse of my tennents of +Gillislande to the nombre of lx. personnes in Eskdalemoor upon the Middill +Merches, and there brynt vii. howses, tooke and brougth away xxxvj. head +of cattle and much insight. On weddinsday at thre of the clok efter noon, +my broder Sir Christopher assembled diverse of the kings subjects beyng +under my reull, and roode all night into Scotland, and on Thurisday, in +the mornynge, they began upon the said Middill Merchies and brynt +Stakeheugh, with the hamletts belonging to them, down, Irewyn bwrne, being +the chambrelain of Scotland owne lands and undre his reull, continewally +birnyng from the Breke of day to oone of the clok after noon, and there +wan, tooke and brought awey cccc. hede of cattell, ccc. shepe, certaine +horses and verey miche insight, and slew two men, hurte and wounded +diverse other persones and horses, and then entered Ingland ground again +at vij. of the clok that night."[24] + +Such a record as this ought to have given great satisfaction to the +Government. Lord Dacre had evidently done his utmost to impoverish and +ruin the unfortunate Scottish Borderers. But the English appetite at this +time was not easily satisfied. Naturally enough Dacre's invasion led to +reprisals, and so successful had the Scots been in their forays on the +opposite Border that the English Government blamed their representative +for not having prevented these raids. In reply to these rather unjust +complaints, Dacre wrote saying that "for oone cattell taken by the Scotts +we have takyn, won and brought awey out of Scotland a hundreth; and for +oone shepe two hundreth of a surity. And has for townships and housis, +burnt in any of the said Est, Middill, and West Marches within my reull, +fro the begynnyng of this warr unto this daye,... I assure your lordships +for truthe that I have and hes caused to be burnt and distroyed sex times +moo townys and howsys within the West and Middill Marches of Scotland, in +the same season then is done to us, as I may be trusted, and as I shall +evidently prove. For the watter of Liddall being xij. myles of length,... +whereupon was a hundreth pleughs;... the watter of Ewse being viij. myles +of length in the said Marches, whereupon was vii. pleughs,... lyes all +and every of them waist now, noo corn sawn upon the said ground.... Upon +the West marches I have burnt and distroyed the townships of Annand +(together with thirty-three others mentioned in detail), and the Water of +Esk from Stabulgorton down to Cannonby, being vi. myles in lenth, whereas +there was in all tymes passed four hundreth ploughes and above, which are +now clearly waisted and noo man duelling in any of them in this daye, save +oonly in the towrys of Annand Steepel and Walghapp (Wauchope)."[25] + +As might be expected these inroads were not allowed to pass unredressed, +as the Scots never missed an opportunity of retaliating. During the latter +half of the fifteenth century they were considerably weakened by the +successive wars in which they were compelled to engage in their own +defence; but we find that a century later, during the reign of Elizabeth, +they had completely recovered, and made their power felt in no uncertain +manner. They raided upon the opposite Border without intermission, +plundering all and sundry, sparing only those who were prepared to pay +them blackmail, "that they might be free from their cumber." The English +wardens were comparatively helpless, owing to their lack of men and horses +to defend the Marches. The Scottish reivers were not easily captured; and +when it came to an encounter, unless matched against a greatly superior +force, they almost invariably gave a good account of themselves. We find +Eure affirming, in a letter to Cecil, under date May, 1596, that the +spoils of his March amounted to the sum of £120,000, "the redress for +which is so cunningly delayed that the Queen's service is ruined."[26] Sir +Robert Cary, who was warden of the East March, has a still more doleful +tale to relate. He says that when he applied to the opposite warden for +redress he "got nothing but fair words." He furnished his Government with +a note of the "slaughters, stouthes, and reafes," committed within his +wardenry, which shows that the Scottish reivers were ever ready to make +the most of their opportunities. The following is the suggestive list:-- + +"Nicolos Bolton of Mindrum slain in daylight at his own plough by Sir +Robert Kerre of the Spielaw and his servants. + +"Thomas Storie of Killam slain there by night by Sir Robert Kerre and his +servants. + +"John Selby of Pawston slain by the Burnes defending his own goods in his +own house there. + +"John Ewart of Corham slain on English ground at the rescue of Englishmen +bringing their own goods. + +"'Reafes.'--In Hethpoole in daylight by the Davisons, Yonges, and Burnes +of 40 kyen and oxen, and hurting Thomas and Peter Storye, &c., in peril of +their lives. Another there by daylight by the Kerres, Yonges, and Taites, +of 46 head of neate, shooting John Gray with a 'peice' in peril of death, +and hurting one of the Brewhouses following, and taking his horse. In +West Newton in daylight by James Davidson of the Burnyrigge, &c., of 5 +horse and mares; another there at night taking up 2 horses, 20 neate, and +insight worth 20 nobles. + +"On Thomas Routledge of Killam, at night, by the Yonges, of 30 kyen and +oxen. On Adam Smith of Brigge mylle at night by the Kerres, Yonges, +Burnes, &c., of 20 neate, and 5 horse and mares. In Cowpland, by the +Yonges, Burnes, and Kerres on Gilbert Wright, 'by cutting up his doores +with axes,' of 30 neate, 4 horses and mares, and insight worth £10. In +Haggeston by the Yonges, Halles, Pyles, and Amysleyes, 'by cutting up +their doores with axes,' of 30 neate, 5 naegs, and hunting 4 men in peril +of death. On Ralph Selby, of West wood, by the Yonges, &c., 'by breaking +his tower,' and taking 3 geldings worth £60 sterling 'and better.'"[27] + +Then follows a long list of "Stouthes," which it would only be a weariness +to repeat. These incidents had all occurred in this March within a brief +period, and may be accepted as an illustration of what was going on almost +every day in the year within the respective wardenries. This game, it may +be said, was indulged in with equal spirit and pertinacity on both sides. +We read of two men in the Middle March in England coming into Liddesdale +and carrying off 30 score kye and oxen, 31 score sheep and "gait," 24 +horse and mares, and all their insight--"the people being at their +schellis, lipning for no harme, and wounded twa puir men to their deid." +At the same time, Captain Carvell, with 2000 "waigit" men, by Lord +Scrope's special command, burnt "six myle of boundis in Liddisdale, tuik +sindrie puir men and band them twa and twa in leisches and cordis, and +that 'naikit,' taking awa a 1000 kye and oxen, 2000 sheep and 'sex scoir +of hors and merris,' to the great wrak of the puir subjects."[28] + +These forays, it must be admitted, were sometimes conducted in the most +relentless and cruel spirit. We read, for example, of one "Sowerby," near +Coldbeck, having his house broken into, and himself most cruelly used. +"They set him on his bare buttocks upon an hote iron, and then they burned +him with an hote girdle about his bellie, and sundry other parts of his +body, to make him give up his money, which they took, under £4."[29] + +Some of the most interesting episodes in Border history were not the +outcome of any deep laid scheme, but the result of some sudden and +unexpected emergency. It was difficult for the inhabitants of the opposite +Marches to come into close contact without the greatest danger of an +outbreak of hostilities. Individual families were often on friendly terms, +and were ready even to assist each other on occasion. The Scots sometimes +brought the English to help them to rob those who lived in their own +neighbourhood; and the English, on the other hand, were equally ready to +avail themselves of the assistance of those on the opposite Border when +they had a similar object in view. But when they came together in their +hundreds or thousands, as they sometimes did on a "Day of Truce," then it +was a matter of supreme difficulty to keep them from flying at each +other's throats. Feeling ran high, and a word, a look, was sometimes +sufficient to change an otherwise peaceful meeting into one of turmoil and +bloodshed. + +One notable instance of this kind is known as the "Raid of the Reidswire." +Sir John Foster, the English warden, and Sir John Carmichael, the warden +on the opposite March, had a meeting for the regulation of Border affairs, +on the 7th July, 1575. Each warden was attended by his retinue, and by the +armed clans inhabiting the district. As the balladist describes it: + + "Carmichael was our warden then, + He caused the country to convene; + And the Laird's Wat, that worthy man, + Brought in that sirname weil beseen: + The Armestranges, that aye ha'e been + A hardy house, but not a hail, + The Elliots' honours to maintaine, + Brought down the lave o' Liddisdale. + + "Then Tividale came to wi' spied; + The Sheriffe brought the Douglas down, + Wi' Cranstane, Gladstain, good at need, + Baith Rewle water and Hawick town, + Beanjeddart bauldly made him boun, + Wi' a' the Trumbills, strong and stout; + The Rutherfoords with grit renown, + Convoy'd the town of Jedbrugh out." + + +The two parties had apparently met on the best of terms. Mirth and good +fellowship prevailed. The pedlars erected their temporary booths, and sold +their wares. The gathering presented the appearance of a rural fair. No +one could have suspected that so much bad feeling was hidden under such a +fair exterior, and ready to burst forth in a moment with volcanic fury. +Yet such was the case. A dispute arose betwixt the two wardens about one +Farnsteen, a notorious English freebooter, against whom a bill had been +"filed" by a Scottish complainer. Foster declared that he had fled from +justice, and could not be found. Carmichael regarded this statement as a +pretext to avoid making compensation for the felony. He bade Foster "play +fair." The English warden was indignant. Raising himself in the saddle, +and stretching his arm in the direction of Carmichael, he told him to +match himself with his equals! + + "Carmichael bade them speik out plainlie, + And cloke no cause for ill nor good; + The other, answering him as vainlie, + Began to reckon kin and blood: + + He raise, and raxed him where he stood, + And bade him match with him his marrows; + Then Tindaill heard them reason rude, + And they loot off a flight of arrows." + + +The cry was raised, "To it, Tynedale," and immediately the merry meeting +was turned into a Donnybrook fair, where hard blows were given and +received. The Scots at first had the worst of the encounter, and would +have been completely routed had it not been for two circumstances. The men +of Tynedale, conscious of their superior strength, began to rifle the +"merchant packs," and thus fell into disorder. At this juncture a band of +citizens of Jedburgh, armed with fire-arms, unexpectedly, but most +opportunely, appeared on the scene, and in a short time the skirmish ended +in a complete victory for the Scots. Sir John Heron was slain, and Sir +John Foster and many other Englishmen of rank taken prisoner. + + "But after they had turned backs, + Yet Tindaill men they turn'd again, + And had not been the merchant packs, + There had been mae of Scotland slain. + + But, Jesu! if the folks were fain + To put the bussing on their thies; + And so they fled, wi' a' their main, + Down ower the brae, like clogged bees." + + +The prisoners were sent to Dalkeith, where for a short time they were +detained in custody by the Earl of Morton. He ultimately dismissed them +with presents of falcons, which gave rise to a saying on the Borders that +for once the Regent had lost by his bargain, as he had given live hawks +for dead herons,--alluding to the death of Sir John Heron. + + "Who did invent that day of play, + We need not fear to find him soon; + For Sir John Forster, I dare well say, + Made us this noisome afternoon. + Not that I speak preceislie out, + That he supposed it would be perril; + But pride, and breaking out of feuid + Garr'd Tindaill lads begin the quarrel." + + +"The Queen of England," says Ridpath, "when informed of these proceedings, +was very much incensed, and sent orders to her Ambassador, Killigrew, who +had a little before gone to Scotland, to demand immediate satisfaction for +so great an outrage. Killigrew was also directed to inform the Regent that +the Queen had ordered the Earl of Huntingdon, who was then president of +the Council at York and lieutenant of the northern counties, to repair to +the Borders for the trial and ordering of the matter; and that she +expected that Morton would meet him in person for that effect. Morton, +ever studious to gratify Elizabeth, readily agreed to the proposal. The +two Earls accordingly met at Fouldean, near the Berwick boundary, and +continued their conferences there for some days, in the course of which +Morton made such concessions, and agreed to such conditions of redress, as +entirely healed the offence. Carmichael, who was considered as the +principal offender, was sent as a prisoner into England, and detained a +few weeks at York; but the English Court being now convinced that +Forrester had been in the wrong in the beginning of the fray, the Scottish +warden was dismissed with honour, and gratified with a present to +effectuate the restitution of goods which Morton had engaged should be +made by the subjects of Scotland, he summoned all on this side of the +Forth to attend him with twenty days' provision of victuals in an +expedition to the Borders, but this summons sufficed to awe the offenders +to make of themselves the restitution required."[30] + + + + +V. + +THE WARDENS OF THE MARCHES. + + "The widdefow wardanis tuik my geir, + And left me nowthir horse nor meir, + Nor erdly guid that me belangit; + Now, walloway! I mon be hangit." + + PINKERTON. + + +Owing to the peculiar circumstances in which the Borders were placed, it +was found necessary, for the preservation of order, and the detection and +punishment of crime, to appoint special officers, or wardens, armed with +the most extensive powers. On either side of the Border there were three +Marches, lying opposite each other, called the East, West, and Middle +Marches. The wardens were, as a general rule, officers of high rank, +holding special commissions from the Crown. The English government had +little difficulty in finding gentlemen of high station and proved ability +to undertake the duties of such an office; but in Scotland the King was +considerably circumscribed in his choice, as the Border Chiefs were +accustomed to carry things with a high hand, and in any arrangements +relating to the management of affairs in their own districts, their wishes +and interests had, perforce, to be respected. The office of warden was +regarded as belonging, by a kind of prescriptive or hereditary right, to +one or other of the more prominent and powerful Border families. This +policy was fraught with many disadvantages, and, it must be frankly +admitted, produced the very evils it was designed to suppress. The +Scottish wardens had other objects in view besides the maintenance of a +certain semblance of law and order in the districts over which they ruled. +They seldom lost sight of their own pecuniary interests, and frequently +prostituted their high office to secure their own ends. The wardens +themselves were often the principal offenders. + +In the East March the warden was most generally either an Earl of Home or +a Ker of Cessford. The Middle March was long under the supervision of the +Earls of Bothwell and the Lords of Buccleuch. The West March was usually +represented either by a Johnstone or a Maxwell. + +The Scottish wardens, though invested with the most arbitrary powers, +found it politic to enter into bonds of alliance with the neighbouring +Chiefs, in order not only to increase their influence and power within +their own wardenries, but to add to their authority when called upon to +deal with questions of a more general nature. This fact reveals +unmistakably the weakness of the central government of the country at +this period, and indicates the important part which was played by the +nobility in the administration of the affairs of the nation. + +Several of these "Bonds" have been preserved. Some of them are too lengthy +for quotation, but the following one--which is comparatively brief--may be +taken as a fair sample of the whole. It is subscribed by the Lairds of +Buccleuch, Hunthill, Bon-Jeddart, Greenhead, Cavers, and Redheugh, in +favour of Sir Thomas Ker of Fernihirst, and runs as follows:--"We +undersigned, inhabitants of the Middle March of this realm opposite +England, understanding how it has pleased the King's majesty our sovereign +lord to make and constitute Sir Thomas Ker of Fernihirst Knight his +Highness warden and justice over all the Middle March, and acknowledging +how far we are in duty bound to the service by our counsel and forces to +be employed in the assistance of his said warden in all things tending to +the good rule and quietness of the said Middle March, and setting forth of +his Highness authority against these traitors, rebels, and other +malefactors to their due punishment, and defence and safety of true men. +Therefore we be bound and obliged, and by the tenor hereof binds and +obliges us, and every one of us, that we should truly serve the King's +Majesty our sovereign lord, and obey and assist his said warden, in the +premiss, and shall concur with others in giving of our advice and +counsel, or with our forces in pursuit or defence of the said thieves, +traitors, rebels, and other malefactors disobedient to our sovereign +lord's authority, or disturbers of the public peace and quietness of the +realm, as we shall be charged or warned by open proclamations, missives, +bailies, or other the like accustomed forms as we will answer to his +Highness upon our obedience at our highest charge and peril, if we shall +be found remiss or negligent, we are content to be repute held and +esteemed as favourers and partakers with the said thieves, traitors, +rebels, and malefactors in their treasonable and wicked deeds, and to be +called, pursued, and punished therefor, according to these laws in example +of others."[31] + +There can be no doubt that these "Bonds" were often contracted in good +faith; that is to say, those who subscribed them were honestly desirous to +fulfil, both in the spirit and letter, the obligations thus undertaken. It +is, however, worthy of remark that those who had thus sworn allegiance to +the warden had not infrequently ends of their own to serve, which +conflicted with their duty to the representatives of law and order. +Thieves were harboured, or at least allowed to remain unmolested, on the +estates, or within the jurisdiction, of those who had thus professedly +banded themselves together for their detection and punishment. The result +was that the subscribers to the "Bond" were occasionally reported to the +government for their delinquencies, and prosecuted and punished for their +breach of faith. Thus we find that on one occasion Walter Ker of Cessford, +James Douglas of Cavers, George Rutherford of Hunthill, and Ker of +Dolphingstone were convicted of art and part of the favour and assistance +afforded to Robert Rutherford, called Cokburn, and John Rutherford, called +Jok of the Green, and their accomplices, rebels and at the horn; +permitting them to pass within their bounds continually for divers years +past; for not using their utmost endeavour to hinder them from committing +sundry slaughters, stouth-reifs, thefts and oppressions on the King's poor +lieges, nor ejecting the said rebels, their wives and their children, from +their bounds and bailiaries, but knowingly suffering them to pass within +their limits and to remain therein beyond the space of twelve hours, to +commit sundry crimes during the time of their passing and reset within the +shire in which they dwelt, thereby breaking, transgressing, and violating +their obligation and "Bond" to the King, and incurring the pains contained +in the said "Bond."[32] + +It is remarkable, considering the reputation enjoyed by the Borderers for +being true to their word, that such occurrences should have to be so +frequently complained of. + +Unfortunately, the wardens were as little animated by a high sense of +honour as those who had solemnly pledged themselves to support them in the +discharge of the duties of their office. They frequently, and in some +cases almost systematically, exercised the powers conferred on them, not +in trying to preserve the public peace, but in wreaking vengeance on their +enemies. A striking instance of this is to be seen in the conflict which +was so long waged between the Johnstones and the Maxwells, and which +produced endless misery and mischief throughout a wide area. + +All things considered, the wardens were well remunerated for such services +as they were able to render. The usual fee appears to have been £100 per +annum. In 1527 the Earl of Angus had £100 for the East and a similar sum +for the Middle March. In 1553 the Warden's fee was £500, but he had to +surrender the one half of the "escheats" to the authorities. When William +Ker of Cessford was appointed warden of the Middle March and keeper of +Liddesdale, his salary for the former office was £100, and for the latter +£500. But these sums represented but a small part of the actual income. +They were also allowed forage and provision for their retinue, which +consisted of a guard of horsemen. They had in addition a portion of the +"unlaws" or fines imposed in the warden courts, and at certain periods +these must have amounted to a large sum. The law ordained that "the +escheat of all thieves and trespassers that are convict of their movable +goods, ought and should pertain to the warden for his travail and labours, +to be used and disposed by him at his pleasure in time coming. The warden +ought and should take and apprehend all and sundry our sovereign Lord's +lieges turning and carrying nolt, sheep, horses, or victuals furth of this +realm into England, and bring their persons to the King's justice, to be +punished therefor; and all their goods may he escheat: the one half +thereof to be applied to the King's use, and the other half to the warden +for his pains." In addition to this, the wardens had a large share of the +plunder of the various forays upon the English Border, which they either +conducted in person, or winked at when undertaken by their retainers or +dependants. In the "Border Papers" we are informed that on Sunday, the +17th April, 1597, the Lord Buccleuch, Keeper of Liddesdale, accompanied by +twenty horse and a hundred foot, burned at noonday three onsets and +dwelling-houses, barns, stables, oxhouses, &c., to the number of twenty, +in the head of Tyne, cruelly burning in their houses seven innocent men, +and "murdered with the sword" fourteen which had been in Scotland, and +brought away the booty, the head officer with trumpet being there in +person.[33] This was a frequent occurrence, especially with Buccleuch, who +was never quite happy when not plundering and oppressing "the auld enemy." +From a pecuniary point of view, not to speak of other advantages, the +office of warden was a highly desirable one, and was consequently eagerly +sought after by the Border Chiefs. + +The duties pertaining to this office may be described as of a twofold +nature--the maintenance of law and order, and the protection of the +districts against the encroachments and inroads of the enemy. "In the +first capacity," as has been remarked, "besides their power of control and +ministerial administration, both as head stewards of all the crown +tenements and manors within their jurisdiction, and as intromitting with +all fines and penalties, their judicial authority was very extensive. They +held courts for punishment of high treason and felony, which the English +Border laws classed under the following heads:-- + +I. The aiding and abetting of any Scottishman, by communing, appointment, +or otherwise, to rob, burn, or steal, within the realm of England. + +II. The accompanying personally, of any Scottishman, while perpetrating +any such offences. + +III. The harbouring, concealing, or affording guidance and protection to +him after the fact. + +IV. The supplying Scottishmen with arms and artillery, as jacks, splents, +brigantines, coats of plate, bills, halberds, battle-axes, bows and +arrows, spears, darts, guns, as serpentines, half-haggs, harquibusses, +currys, cullivers, hand-guns, or daggers, without special licence of the +Lord-warden. + +V. The selling of bread and corn of any kind, or of dressed leather, iron, +or other appurtenances belonging to armour, without special licence. + +VI. The selling of horses, mares, nags, or geldings to Scottish men, +without licence as aforesaid. + +VII. The breach of truce, by killing or assaulting subjects and liege-men +of Scotland. + +VIII. The assaulting of any Scottishman having a regular pass or +safe-conduct. + +IX. In time of war the giving tidings to the Scottish of any exploit +intended against them by the warden or his officers. + +X. The conveying coined money, silver or gold, also plate or bullion, into +Scotland, above the value of forty shillings at one time. + +XI. The betraying (in time of war) the counsel of any other Englishman +tending to the annoyance of Scotland, in malice to the party, and for his +own private advantage. + +XII. The forging the coin of the realm. + +XIII. The making appointment and holding communication with Scotchmen, or +intermarrying with a Scottish woman, without licence of the wardens, and +the raising of no fray against them as in duty bound. + +XIV. The receiving of Scottish pilgrims with their property without +licence of the wardens. + +XV. The failing to keep the watches appointed for the defence of the +country. + +XVI. The neglecting to raise in arms to the fray, or alarm raised by the +wardens or watches upon the approach of public danger. + +XVII. The receiving or harbouring Scottish fugitives exiled from their own +country for misdemeanours. + +XVIII. The having falsely and unjustly _fould_ (_i.e._, found true and +relevant) the bill of any Scotchman against an Englishman, or having borne +false witness on such matters. + +XIX. The having interrupted or stopped any Englishman pursuing for +recovering of his stolen goods. + +XX. The dismissing any Scottish offender taken red-hand (_i.e._, in the +manner) without special license of the Lord-warden. + +XXI. The paying of black-mail, or protection money, whether to English or +Scottish man."[34] + +The significance of these provisions cannot be mistaken. They reveal the +anxiety of the English government to prevent, as far as possible, all +intercourse with Scottish Borderers. The offences referred to in the +foregoing list amounted to what is known as March Treason. Those who were +accused of this crime were tried by a jury, and if found guilty were put +to death without ceremony. "This was a very ordinary consummation," says +Sir Walter Scott, "if we can believe a story told of Lord William Howard +of Naworth. While busied deeply with his studies, he was suddenly +disturbed by an officer who came to ask his commands concerning the +disposal of several moss-troopers who had just been made prisoners. +Displeased at the interruption, the warden answered heedlessly and +angerly, 'hang them in the devil's name;' but when he laid aside his book, +his surprise was not little, and his regret considerable, to find that his +orders had been literally fulfilled."[35] + +The duties devolving upon the Scottish wardens were not, in all respects, +the same as those which the English wardens were called upon to discharge. +This was due to some extent to the fact that the jurisdiction of the +Scottish wardens was circumscribed by the hereditary rights and privileges +of the great families who, within their own territories, exercised supreme +control. In addition to this, the hereditary judges had the power of +repledging; that is to say, they could reclaim any accused person from +courts of co-ordinate jurisdiction, and try him by their feudal authority. +But while the power of the wardens was thus considerably circumscribed, +they never hesitated, when they had the chance, to mete out summary +punishment to all offenders. If a thief was caught red-handed, or if the +evidence against him appeared at all conclusive, he was at once, and +without ceremony, strung up on the nearest tree, or thrown into the +"murder" pit. Indeed, the execution not unfrequently preceded the trial--a +circumstance which seems to have given rise to the well-know proverb about +"Jeddart Justice." On both sides of the Border, the same haste to get rid +of offenders was a noted feature of the times. This is evident from the +well-known English proverb which runs thus-- + + "I oft have heard of Lydford law, + Where in the morn men hang and draw, + And sit in judgment after." + +The sitting in judgment, either before or after, was a formality that +might often have been dispensed with, as the evidence submitted was seldom +carefully sifted, or weighed. To be suspected, or accused, was regarded as +almost tantamount to a plea of guilty. Such a method as this would hardly +pass muster in our modern and more finical age; still it is probable that +substantial justice was usually done. If those who were condemned were not +always guilty of the particular crimes laid to their charge, their general +record was sufficiently bad to warrant their being thus summarily dealt +with. + +There was, moreover, a practical difficulty in the way of minute +investigation being made into each individual case. The number of those +accused of various offences under the Border laws was often so great as to +render an investigation of this kind all but impossible. There were few +places of strength where prisoners could be retained in order to await +their trial, and so it became necessary to deal with them as expeditiously +as possible. "The Borderers," it has been said, "were accustomed to part +with life with as little form as civilized men change their garments." + +The mode of punishment was either by hanging or drowning. "Drowning," says +Sir Walter Scott, "is a very old mode of punishment in Scotland, and in +Galloway there were pits of great depth appropriated to that punishment +still called murder-holes, out of which human bones have occasionally been +taken in great quantities. This points out the proper interpretation of +the right of 'pit and gallows' (in law Latin, _fossa et furca_), which +has, less probably, been supposed the right of imprisoning in the pit or +dungeon, and that of hanging. But the meanest baron possessed the right of +imprisonment. The real meaning is, the right of inflicting death either +by hanging or drowning."[36] + +But the warden had other duties to discharge of a still more important +nature than those already described. In time of war he was captain-general +within his own wardenry, and was invested with the power of calling +musters of all the able-bodied men between the age of sixteen and sixty. +These men were suitably armed and mounted according to their rank and +condition, and were expected to be ready either to defend their territory +against invasion, or, if necessary, to invade the enemy's country. The +ancient rights and customs which the warden was expected to observe on +such occasion have been thus summarised:-- + +"I. All intercourse with the enemy was prohibited. + +II. Any one leaving the company during the time of the expedition was +liable to be punished as a traitor. + +III. It was appointed that all should alight and fight on foot, except +those commanded by the general to act as cavalry. + +IV. No man was to disturb those appointed to array the host. + +V. If a soldier followed the chase on a horse belonging to his comrade, +the owner of the horse enjoyed half the booty; and if he fled upon such a +horse, it was to be delivered to the sheriff as a waif on his return home, +under pain of treason. + +VI. He that left the host after victory, though for the purpose of +securing his prisoner, lost his ransom. + +VII. Any one seizing his comrade's prisoner was obliged to find security +in the hands of the warden-serjeant. Disputed prisoners were to be placed +in the hands of the warden, and the party found ultimately wrong to be +amerced in a fine of ten pounds. + +VIII. Relates to the evidence in case of such dispute. He who could bring +his own countrymen in evidence, of whatsoever quality, was preferred as +the true captor; failing this mode of proof, recourse was had to the +prisoner's oath. + +IX. If the prisoner was of such a rank as to lead a hundred men, he was +either to be dismissed upon security or ransomed, for the space of fifteen +days, without leave of the warden. + +X. He who dismounted a prisoner was entitled to half of his ransom. + +XI. Whosoever detected a traitor was entitled to a reward of one hundred +shillings; whoever aided his escape, suffered the pain of death. + +XII. Relates to the firing of beacons in Scotland: the stewards of +Annandale and Kirkcudbright were liable in the fine of one merk for each +default in the matter. + +XIII. He who did not join the army of the country upon the signal of the +beacon lights, or who left it during the English invasion without lawful +excuse, his goods were forfeited, and his person placed at the warden's +will. + +XIV. In the case of any Englishman being taken in Scotland, he was not +suffered to depart under any safe conduct save that of the King or warden; +and a similar protection was necessary to enable him to return and treat +of his ransom. + +XV. Any Scottishman dismissing his prisoner, when a host was collected +either to enter England or defend against invasion, was punished as a +traitor. + +XVI. In the partition of spoil, two portions were allowed to each bowman. + +XVII. Whoever deserted his commander and comrades, and abode not in the +field to the uttermost, his goods were forfeited, and his person liable to +punishment as a traitor. + +XVIII. Whoever bereft his comrade of horse, spoil, or prisoner, was liable +in the pains of treason, if he did not make restitution after the right of +property became known to him."[37] + +These military regulations, at once minute and comprehensive, were drawn +up by William, Earl of Douglas, with the assistance of some of the most +experienced Marchmen; and, with the necessary alterations, were adopted by +the English--thus indicating that they were thoroughly in harmony with the +military spirit of the age on both sides of the Border. + + + + +VI. + +THE DAY OF TRUCE. + + "Our wardens they affixed the day, + And as they promised so they met. + Alas! that day I'll ne'er forget!" + + OLD BALLAD. + + +The arrangements made for dealing with offences against Border law, though +of a primitive, were by no means of an ineffective, character. All things +considered, they were perhaps as good as could have been devised in the +circumstances. During the period when Border reiving was most rampant, +though the population was by no means sparse, little or no provision had +been made for detaining prisoners in custody. The jails were few and far +between, and such as were available were generally in such an insecure and +ruinous state that, unless strongly guarded, they were almost useless for +the purpose for which they existed. But imprisonment had other +inconveniences which militated against its being resorted to with much +frequency. Prisoners had to be provided for when under "lock and key," +and, as provisions were difficult to procure, it was generally found more +advantageous to leave those who had broken the laws to "fend" for +themselves until such times as they were wanted. As might be expected in +such circumstances, the accused person not unfrequently took "leg-bail," +and passed into another district, or, perhaps, crossed the Border, and +sought refuge among the enemies of his country and his clan. This +expedient, in those lawless and disordered times, was no doubt +occasionally successful--for the nonce--but sooner or later the evil-doer +was either betrayed by the enemy, or, resuming his old habits--which was +almost a necessity--brought himself under the special notice of the warden +of the district to which he had fled. He thus placed himself, as it were, +between two fires, and made further immunity from prosecution practically +impossible. When it came to the knowledge of the warden that an accused +person had passed into another wardenry, he at once certified the warden +opposite, requiring him to apprehend and deliver the prisoner with all +possible speed; and he was bound, after receiving this notice, to make +proclamation throughout his wardenry "by the space of six days after of +the said fugitive," and also to certify the other two wardens of the realm +"to proclaim the fugitive throughout all the bounds of their wardenries, +so that none could proclaim ignorance, or excuse themselves when charged +with the wilful receipt of the aforesaid fugitive so proclaimed." + +The duty thus laid upon the wardens of searching for fugitives was one +which was generally undertaken _con amore_, not merely on account of the +fact that it was naturally agreeable to these officers to detect and +punish crime, but also because in such circumstances it was greatly to +their advantage to do so. A law was passed ordaining that when a fugitive +entered with his goods into the opposite realm, the warden who captured +him, and handed him over to be punished for his offence, _was entitled to +retain the goods for his labour_. Should he not succeed in apprehending +the fugitive, then the goods had to be returned to the warden of the realm +from which they came. This was a wise arrangement, and on the whole proved +fairly effective. + +As offences against the law were numerous and frequent, it was statute and +ordained that a "Day of Truce" should be held every month, or oftener, +when the wardens of the Marches opposite each other should meet for the +discussion and adjustment of their respective claims, and the punishment +of evil-doers. The date and place of this meeting was made known to the +inhabitants of the Marches by proclamation being made in all the market +towns. Notice was also sent to the lords, knights, esquires, and +gentlemen, commanding them, along with a sufficient number of their +tenants and servants, well mounted and fully armed, to repair the night +before and attend upon the warden at the day of truce.[38] + +Early on the morning of the following day this imposing cavalcade might be +seen wending its way towards the place of rendezvous. This was generally +some convenient spot near the Border, most frequently on the Scottish +side. When the wardens and their friends came within hailing distance of +each other, a halt was called, and the English warden sent forward four or +five gentlemen of good repute to demand from the Scottish warden "that +assurance might be kept" until the sunrise of the following day. According +to a statement made on the authority of Sir Robert Bowes, the reason of +this particular form of procedure was "because the Scots did always send +their ambassadors first into England to seek for peace after a war. +Therefore both the particular days of truce are usually kept either at +places even on the confines of the Marches, or else at places within the +realm of Scotland, and also the English warden and other officers were +always used to send first for the assurance as aforesaid." + +When assurance had been given by the Scottish warden, a number of Scottish +gentlemen passed over to the other side to demand from the English warden +assurance on his part. These preliminary precautions having been duly +observed, the two parties met, and the business which had brought them +together was at once entered upon. The wardens did not always attend these +meetings in person, their duties occasionally necessitating their +remaining at home, but when unable to be present themselves they were +represented by deputies--men of influence and good social position--who +were thoroughly qualified to deal with any important question that might +arise. + +The regulations for the conduct of business at these meetings were +carefully drawn out, and, as a general rule, strictly observed. The +English warden named six Scottish gentlemen to act on his side, and the +Scottish warden the same number of Englishmen to act as the English +assize. These men, who thus constituted the jury, were carefully chosen. +No murderer, traitor, fugitive, infamous person, or betrayer of one party +to another could bear office, or give evidence, but only good and lawful +men deserving of credit and unsuspected. + +Each warden, in the presence of the opposite warden and the inhabitants of +both the Marches, "Swore by the High God that reigneth above all Kings and +Realms, and to whom all Christians owe obedience, that he shall (in the +name of God) do, exercise and use his office without respect of person, +Malice, Favour, or Affection, diligently or undelayedly, according to his +Vocation or Charge that he beareth under God and his Prince, and he shall +do justice upon all Complaints presented unto him, upon every Person +complained upon under this Rule. And that, when any complaint is referred +unto him, to swear, fyle, and deliver upon his Honour, he shall search, +enquire, and redress the same at his uttermost power: And that, if it +shall happen in so doing to quit and absolve the persons complained upon +as Clean and Innocent: Yet if he shall any ways get sure Knowledge of the +very Offender, he shall declare him foul of the Offence, and make lawful +Redress and Delivery thereof, albeit the very Offender be not named in the +Complaint: And this Oath of the Wardens not only to be made at the first +Meeting hereafter to ensue, but also to be made every Year once solemnly, +as aforesaid, at the first Meeting after _Mid-summer_, to put them in the +better Remembrance of their Duties, and to place the fear of God in their +Hearts."[39] + +The following oath was also administered to the jury:--"Ye shall truly +enquire, and true deliverance make between the Queen's Majesty, and the +prisoners at the Bar, according to the evidence that shall be given in +this Court. As God keep you and Holydome."[40] + +These formalities having been duly observed, the trial of the prisoners +was then proceeded with. Bills were presented on the one side, and on the +other, setting forth with considerable fulness of detail the nature and +extent of the damages that had been sustained. The prisoners against whom +these indictments had been made were then called to answer the charges +preferred against them. + +There were at least three ways in which these cases could be tried. In the +first place, the bill might be acquitted _on the honour of the warden_. +But should it afterwards be found that the warden in acquitting the bill +had proceeded on imperfect information, and had acquitted upon his honour +a bill that was in reality "foul," then the complainant was at liberty to +prosecute a new bill, and demand that justice should be done. The case was +then tried by a jury who "fyled" or "cleared" the bill at their +discretion. When a bill was "fyled," that is to say declared true, the +word "foul" was written on the margin, and when it was "cleared," the word +"clear" was inserted. + +But further, bills might be _tried by inquest or assize_, which was the +method most frequently adopted, such cases being decided by the juries on +their own knowledge, and on the evidence sworn to in open court. + +The third way of dealing with bills was by a "_Vower_." The significance +of this method is fully explained by Sir Robert Bowes, who says:--"The +inquest or assise of Scotlande, notwithstanding their othe, would in no +wyse fynde a bill to be true, nor fyll any Scottis man upon an +Englishman's complaynte unles the Englishman could fynde an inhabitant of +Scotlande, that would avow openly to the inquest, or secretlye to the +warden, or some of the inquest, that the complaynte was treue, and the +partie complayned upon culpable thereof, otherwise althoughe the matter +was ever so notoryously knowne by the Englishman, their evydence would not +serve to secure a conviction." + +It frequently happened, on the occasion of these meetings, that "bogus" +bills were presented, a custom which gave the officials a great deal of +unnecessary labour. The commissioners, in referring to this reprehensible +practice, remark that "it hath been perceived of late that, since the +order was begun by the Warden to speire, fyle, and deliver, upon their +Honour, that some ungodly Persons have made complaint, and billed for +Goods lost where none was taken from them, and so troubled the Wardens, +causing them to speire and search for the Thing that was never done."[41] +It was therefore statute and ordained that all persons guilty of this +offence should be delivered to the opposite warden to be punished, +imprisoned, and fined at the discretion of the same warden whom he had +troubled. + +Another formidable difficulty with which the wardens had to contend on +these occasions, was in estimating the value of the goods for which +redress was claimed. In making up a bill the complainant was strongly +tempted to put an absurd value on the gear, or cattle, which had been +stolen from him. Had he always got as much as he claimed he would soon +have been enormously enriched by the loss of his property! The +commissioners were therefore under the necessity of drawing out a scale of +charges for the guidance of the warden courts. The following are the +prices fixed by this tribunal:--"Every Ox, above Four Year old, Fourty +Shillings Sterling; every Cow, above Four Year old, Thirty Shillings +Sterling; and every Young Cow, above Two Years old, Twenty Shillings +Sterling; every other Beast, under Two Years old, Ten Shillings Sterling; +every old Sheep, Six Shillings Sterling; and every Sheephogge, Three +Shillings Sterling; every old Swine, above One Year old, Six Shillings +Sterling; every young Swine, Two Shillings Sterling; every Goat, above One +Year old, Five Shillings Sterling; every young Goat, Two Shillings +Sterling; and every Double Toope to be valued after the rate of the +Single."[42] + +These prices, judged by the standard of the present day, seem absurdly +low, but they may be accepted as representing the average rate of prices +obtainable, three hundred years ago, for the various classes of stock +mentioned. + +It was the duty of the wardens to have the offenders in custody, against +whom bills had been presented, in readiness to answer, and in case the +bills were "fouled" he was bound to deliver them up to the opposite +warden, by whom they were imprisoned until they had paid a _single and two +doubles_, that is to say, treble the value of the estimated goods in the +bill. To produce these men was generally the most difficult part of the +warden's duty. He could not keep them in confinement until the day of +truce, for, independently they were sometimes persons of power and rank, +their numbers were too great to be retained in custody. The wardens, +therefore, usually took bonds from the Chief, kinsmen, or allies of the +accused party, binding him or them to enter him prisoner within the iron +gate of the warden's castle, or else to make him forthcoming when called +for. He against whom a bill was twice fouled, was liable to the penalty of +death. If the offender endeavoured to rescue himself after being lawfully +delivered over to the opposite warden, he was liable to the punishment of +death, or otherwise at the warden's pleasure, as being guilty of a breach +of the assurance.[43] + +It would seem to have been customary on a day of truce to enumerate the +various bills "fouled" on either side, and then to strike a balance, +showing on which side most depredations had been committed. It +occasionally happened that the claims of both parties were so numerous +and complicated, the same person frequently appearing both as plaintiff +and defendant, that it was deemed prudent to draw a veil over the whole +proceedings, and give satisfaction to neither party, thus wiping out, as +it were, with a stroke of the pen, and without further parleying, all the +claims which had been lodged. This mode of procedure, arbitrary though it +may appear, did not, as a rule, result in serious injustice being done to +either party. + +The offences dealt with were of a varied character. Reiving was only one +of the many ways in which the Borderers sought to enrich themselves at the +expense of their neighbours in the opposite March. They had an eye to the +land as well as to the cattle. It was customary for them not only to +pasture their stock on the enemy's territory, but to sow corn, cut down +wood, and go hunting and hawking for pleasure as well as profit. Sir +Robert Cary, one of the most vigorous of the English wardens, was +determined that hunting without leave should not be carried on in his +wardenry. He wrote to the laird of Ferniherst, the warden opposite, +explaining his views, but, "notwithstanding this letter," he says, "within +a month after they came and hunted as they used to do without leave, and +cut down wood and carried it away. I wrote to the warden, and told him I +would not suffer one other affront, but if they came again without leave +they would dearly aby[44] it. For all this they would not be warned; but +towards the end of the summer they came again to their wonted sports. I +sent my two deputies with all speed they could make, and they took along +with them such gentlemen as were in their way, with my forty horse, and +about one of the clock they came to them, and set upon them; some hurt was +done, but I gave special order they should do as little hurt, and shed as +little blood, as they possibly could. They observed my command, only they +broke all their carts, and took a dozen of the principal gentlemen that +were there, and brought them to me to Witherington, where I lay. I made +them welcome, and gave them the best entertainment I could. They lay in +the castle two or three days, and so I sent them home--they assuring me +that they would never again hunt without leave, which they did truly +perform all the time."[45] + +This firm, but kindly method, was entirely satisfactory; and, had the +Borders only been blessed with a succession of Carys in the various +wardenries, the probability is that Border reiving would never have +attained such portentous dimensions. + +But despite the masterful management of men like Cary, such questions as +those we have mentioned continued to occupy the time and attention of the +warden courts. The freebooters on the Border never considered too closely +the minute shades of difference between _meum_ and _tuum_, and were +difficult to persuade that depasturing, or cutting wood in a neighbour's +plantation, was a matter of any real importance. They were at all times +disposed to put a liberal construction on the words--"The earth is the +Lord's and the fulness thereof." Their somewhat loose interpretation of +this ancient Hebrew maxim occasioned them no end of vexation and trouble. + +But the settlement of Border affairs on the day of truce did not interfere +with the ancient custom which entitled the person who was robbed to follow +his goods on what was called the _hot-trod_, and mete out summary +punishment to the offender--provided he could overtake him. The warden +also was enjoined, in the Act of 1563, to pursue and chase in hot-trod, +unto such time or place as the fugitives or offender be apprehended, to +bring him again within his own jurisdiction to be punished for the +offence, "as appertaineth;" "and that without let, trouble, or impediment +to be made or done to him by any of the inhabitants of that realm wherein +he pursueth." And if any person should make resistance to the said warden +in the foresaid pursuit he was to be billed for, and delivered to the +warden. In the following of the said chase, in the manner aforesaid, it +was thought convenient, and ordained, that the pursuer shall, at the first +town he cometh by of the opposite realm, or the first person he meeteth +with, give knowledge of the occasion of his chase, and require him to go +with him in the said pursuit. If the offender was caught red-handed he was +executed; but if the desire for gain was stronger than the thirst for +blood, then he was held at ransom. The prey was followed with hound and +horn, hue and cry, the pursuers carrying on the point of their spears a +lighted piece of turf. + +The business of the warden courts was conducted with despatch. When all +the bills had been either "fouled" or "cleared," those who had been found +guilty of "March Treason" were brought up for sentence. The lord warden +called on him whose office it was to see the prisoners suffer, and thus +addressed him:--"I command you in the Queen's Majesty's name that ye see +execution done upon these prisoners, according to the Law of the Marches, +at your peril." Then addressing the prisoners he said:--"Ye that are +adjudged by the Law of the Realm to die, remember that ye have but a short +time to live in this world; therefore earnestly call to God, with penitent +hearts, for mercy and forgiveness of your sinful lives; repent ye have +broken God's commandments, and be sorry therefor, and for that ye did not +fear the breach and dangers of the Law, therefore your bodies must suffer +the pain of death, provided to satisfy the reward of your Fact in this +world; yet the salvation of your soul's health for the world to come, +stands in the great mercy of Almighty God: Wherefore do ye earnestly +repent and ask mercy for your sins, now when ye are living, put your Trust +to be saved by the merits of Christ's passion; and think in your hearts if +ye were able to recompence them ye have offended, ye would do it; and +where you are not able, ask Forgiveness. Have such faith in God's Mercy as +Dismas the Thief and Man-Murderer had that hang at Christ's Right hand, +when he suffered his Passion for the Redemption of Mankind: Whose Faith +was so great he should be saved, his Sins were remitted, tho' he had but +short time of Repentance, and he enjoyed Heaven. Therefore despair not in +God's Mercy, though your sins be great, for God's Mercy exceedeth all his +Works. Set apart all Vanities of this World, and comfort you in Heavenly +things; and doubt not but, if ye so do, ye shall inherit Everlasting Joy +in the Kingdom of Heaven. And thus I commit you to the Mercy of God, +wishing your Deaths may be an Example to all Parents to bring up their +Children in the Fear of God, and Obedience of the Laws of this Realm."[46] + +With these suitable admonitions ringing in their ears, the condemned +prisoners were led forth to execution. + +The business of the court having been finished, the wardens retired after +taking a courteous leave of each other. + +These meetings, attended as they were by a large number of people, who +came either on business or pleasure, were frequently broken up by sudden +outbursts of tumult and disorder. _Baughling_, or brawling, was a common +occurrence, and loud words and angry looks naturally led to more serious +encounters. We have already noticed the incident of the Reidswire, but +this was by no means an isolated case. In the month of July, 1585, at a +day of truce between Sir John Foster and Ker of Ferniherst, Lord Russell, +a young man of great promise, and of the most amiable disposition, was +suddenly shot dead by an unknown hand. This lamentable incident gave rise +to much bitterness of feeling on both sides of the Border. Foster wrote to +Walsingham, saying, that he and the opposite warden had met for the +redress of attempts committed on both sides, Russell being present to +attend to particular causes of his own, "where it chanced a sudden +accident and tumult to arise among the rascals of Scotland and England +about a little pyckery among themselves, and we meaning no harm did sit +the most of the day calling bills, and my Lord Russell among us. The said +Lord Russell rose and went aside from us, with his own men, and there +being in talk with a gentleman, was suddenly shot with a gun and slain in +the midst of his own men, to the great discomfort of me and his poor +friends in this country, and never a man either of England or Scotland but +he. Alas! that the mischievous chance should happen for him to be killed +with a shot, and none but him, which is the greatest discomfort that ever +came upon me."[47] + +No hint is here given of any suspicion that Ker of Ferniherst was +implicated in the death of this young man. Hence we are surprised to find +that, on the day after this letter was written, Sir John Foster drew up a +statement in which he gives an entirely different complexion to the +incident. He asserts that it was not an accident. "Had it been an +accident," he says, "or sudden breaking by rascals, as there was no such +matter, the gentlemen of Scotland with their drums, fife, shot, and such +as carried the 'ensigne' and 'penseller,' would have tarried with the +warden; so that it appeareth plainly it was a 'pretended matter' +beforehand, for the wardens sitting quietly calling their bills, the +warden of England thinking no harm, the party of Scotland seeing the time +serve for their 'former desire,' suddenly broke, striking up an alarm with +sound of drum and fife, and gave the charge upon us--in which charge the +Lord Russell was cruelly slain with shot, and so divers gentlemen of +Scotland with their footmen and horsemen and whole force, followed and +maintained their chase four miles within the Realm of England, and took +sundry prisoners and horses, and carried them into Scotland, which they +deny to deliver again."[48] + +This statement contradicts, in almost every particular, the asseverations +deliberately made in the letter written the day before, and shows that +even a gentleman in Sir John Foster's high position, with a deservedly +great reputation for fair dealing, was capable, when occasion demanded, of +twisting facts, or even inventing them, to suit his own ends, or the +interest of the government he represented. It has been suggested that the +English secretary, knowing that Ferniherst was an intimate friend of +Arran, saw that by laying the blame of Lord Russell's death on the +shoulders of the former, he might thereby procure the disgrace of this +hated minister. Be this as it may, such conflicting assertions, made by +the same person almost at the same time, should lead us to accept with a +modified confidence other statements of a similar kind, as the spirit of +party is no friend to the love of truth. + +But despite the drawbacks and dangers attaching to such gatherings for the +settlement of Border affairs, the day of truce was an institution of great +public utility. It is difficult to see how, apart from such an +arrangement, even the semblance of civilized life could have been +maintained. The Borders really constituted an _imperium in imperio_, and +the wardens, when presiding over their monthly convention, were to all +intents and purposes absolute rulers within their own prescribed domain. +It was generally found that when warden courts, or days of truce, were +regularly held, good rule and order, at least judged by the ordinary +Border standard, were well maintained throughout the entire district. + + + + +VII. + +THE DEADLY FEUD. + + "At the sacred font, the priest + Through ages left the master hand unblest + To urge with keener aim the blood incrusted spear." + + LEYDEN. + + +The difficulties with which the Borderers had to contend were of a varied +character. They had to be constantly on the watch against the aggressions +and incursions of their enemies on the opposite Marches. But it frequently +happened that their most dangerous and inveterate foes were to be found +amongst their own countrymen. This was the case more especially when +blood-feuds arose, setting family against family, and clan against clan. +An interesting, if not very luminous, account of the origin of the "Feud" +is given by Burghley in a report submitted by him to the English +government, in which he deals with what he calls the "Decays of the +Borders." He says:--"Deadly Foed, the word of enmytie on the Borders, +implacable without the blood and whole family destroyed, whose etymologie +I know not where better to fetch than from Spiegelius in his _Lexicon +Juris, in Verbo_ 'feydum:' he saith it is an old Teutch word whereof is +derived by Hermanus Nivoranus (?) _faydosum Hostis publicus_; 'foed' +_enim, Bellum significat_." He further points out that the Scottish +wardens, being native Borderers, are "extraordinarilye adicted to +parcialities, favour of their blood, tenantes and followers," and +consequently he holds they should be disqualified for office.[49] + +The evils resulting from these deadly-feuds would have been comparatively +trifling had it been possible to limit the consequences to the persons +more immediately concerned. Owing, however, to the system of clanship +which prevailed on the Borders, the whole sept became involved in the +feud. "If one of the clan," says Sir Walter Scott, "chanced either to slay +a man, or commit any similar aggression, the chief was expected to defend +him by all means, legal or illegal. The most obvious and pacific was to +pay such fine or _amende_, or assythement, as it was called, as might +pacify the surviving relations, or make up the feud. This practice of +receiving an atonement for slaughter seems also to have been part of the +ancient Celtic usages; for it occurs in the Welch laws of Howell Dha, and +was the very foundation of the Irish Brehon customs. The vestiges of it +may be found in the common law of Scotland to this day. But poor as we +have described the Border chief, and fierce as he certainly was by +education and office, it was not often that he was either able or disposed +to settle the quarrels of his clansmen in a manner so amicable and +expensive. War was then resorted to; and it was the duty of the chief and +clan who had sustained the injury to seek revenge by every means in their +power, not only against the party who had given the offence, but, in the +phrase of the time and country, against all his name, kindred, +maintainers, and upholders. On the other hand, the chief and clan to whom +the individual belonged who had done the offence, were equally bound in +honour, by every means in their power, to protect their clansman, and to +retaliate whatever injury the opposite party might inflict in their thirst +of vengeance. When two clans were involved in this species of private +warfare, which was usually carried on with the most ferocious animosity on +both sides, they were said to be at deadly feud, and the custom is justly +termed by the Scottish parliament most heathenish and barbarous.... In +these deadly feuds, the chiefs of clans made war, or truce, or final peace +with each other, with as much formality, and as little sincerity, as +actual monarchs."[50] + +Feuds of the most bitter and hostile character were an every-day +occurrence. The Herons, Fenwicks, Shafftownes, Charletons, and Milbornes, +on the English side of the Border, were all at feud at the same time. And +on the Scottish side the Elwoods (Elliots), Armstrongs, Nixons, Crosiers, +Trumbles, and Olivers were, during the same period, at "daggers drawn," +and thirsting for each other's blood. The misery which such feuds created +can hardly be over-estimated. The sense of personal security was +completely destroyed. Mutual trust, the primary condition of social life, +was rendered practically impossible. And, as might be expected, the most +trivial circumstances often gave rise to the most implacable hostility. A +singular instance of this is referred to by John Cary in one of his +communications to Burghley. He says:--"Your honour remembers hearing long +since of the great road by the Scotts 'as Will Haskottes and his fellowes' +made in Tynedale and Redesdale, taking up the whole country and nearly +beggaring them for ever. On complaint to the Queen and Council, there was +some redress made with much ado and many meetings. Buccleuch and the +Scotts made some 'bragges and crackes' as that the country durst not take +its own; but the Charletons being the 'sufficientest and ablest' men on +the borders, not only took their own goods again, but encouraged their +neighbours to do the like and not be afraid--'which hath ever since stuck +in Buccleuch's stomack.'... Mary! he makes another quarrell, that long +since in a war tyme, the Tynedale men should goe into his countrey, and +there they took his grandfather and killed divers of his countrye, _and +that they took away his grandfather's shworde_, and never let him have it +yet synce. This sayeth he is the quarrell."[51] + +Nor did lapse of time tend to soften the animosities. The feud was +inherited along with the rest of the family property. It was handed down +from generation to generation. The son and grandson maintained it with a +bitterness which, in some cases, seemed year by year to grow more intense. +It affected more or less a man's whole social relationships, and gave rise +to endless animosities and heart-burnings. Feuds were not unknown in other +districts of the country, but owing to the feeble and ineffective manner +in which the law was generally administered, they prevailed to a greater +extent on the Borders,--and were characterised by a more vengeful +spirit,--than in any other part of the kingdom. + +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. + +During the minority of James V. the Earl of Angus controlled the +government of the country, and in his own interests, and for the +furtherance of his own ends, kept a watchful eye on the movements of the +young King. In the year 1525, James, accompanied by Angus, and other +members of the court, came south to Jedburgh, "and held justice aires +quhair manie plaintes cam to him of reiff, slauchter and oppression, bot +little justice was used bot the purse, for thir was manie in that countrie +war the Earl of Angus' kin and friendis, that got favourable justice, +quhairof the king was not content, nor non of the rest of the lordis that +war about him, for they wold have justice equally used to all men; bot the +Earl of Angus and the rest of the Douglass' rulled yitt still as they +pleased, and no man durst find fault with their proceidingis; quhairat the +king was heartilie displeased, and would fain have been out of their +handis, and for that effect he writt are secreitt letter to the laird of +Buccleugh, desiring him effectuouslie that he wold come with all his +forces, kin and freindis, and all that he might ax, and meit him at +Melrose, at his home coming, and thair to tak him out of the Douglas' +handis, and put him at libertie, to use himself among the rest of the +lordis as he thought expedient."[53] Buccleuch at once convened his "kin +and freindis," and all who were prepared to take part with him, to the +number of six hundred spears, and set out for Melrose to await the coming +of the King. Home, Cessford, and Fernieherst, who were of the King's +company, had returned home. Buccleuch and his followers made their +appearance, arranged in order of battle, on Halidon Hill, overlooking the +Tweed, near Melrose bridge. When Angus saw them he wondered what the +hostile array portended. But when he discovered that Buccleuch was +supported only by numbers of Annandale thieves, he took heart of grace, +and said to the King--"Sir, yonder is the laird of Buccleuch, and the +thieves of Annerdaill with him, to unbesett your grace in the way, bot I +avow to God, Sir, they sall aither fight or flie. Thairfor, Sir, ye sall +tarrie here, and my brither George with yow, and any other quhom yeu +pleas, and I sall pas and put yon thieves aff the ground, and red the +gaitt to your grace, or else die thairfor."[54] + +The conflict now began in earnest. Buccleuch and his men stoutly resisted +the onslaught of Angus, and for a time the issue seemed uncertain. But +Home, Cessford, and Fernieherst, having got wind of the affair, returned, +supported by four score spears, "and sett on freschlie on the utmost wing, +on the laird of Buccleughis field, and shortly bare them to the ground, +quhilk caused the laird of Buccleugh to flie; on whom thair followed ane +chaise be the lairdis of Sesfoord and Pherniherst, in the quhilk chaise +the laird of Sesfoord was slain with ane cassin spear, be ane called Evan, +servand of the laird of Buccleughis."[55] + +There seems nothing remarkable about such an incident as this. That +Cessford should have been accidentally slain by one of Buccleuch's +servants was no doubt a regrettable incident, but those who play bowls +must be prepared for rubbers. This, unfortunately, was not the view +entertained by the Kers, who henceforth were at deadly feud with +Buccleuch. All efforts to bring about a reconciliation were in vain. The +Kers thirsted for vengeance, and were determined to "bide their time." +Twenty-six long years had come and gone, and one day as the laird of +Buccleuch was passing along one of the streets of Edinburgh, little +suspecting the fate which awaited him, he was fatally stabbed by the +descendant of Cessford. The Borderers had many faults, but certainly they +cannot be charged with having had short memories! + +But a still more striking illustration of the disastrous consequences of +the deadly feud is to be found in the case of the Johnstones and Maxwells, +two of the most prominent and powerful families in Dumfriesshire. These +two families were strong enough, had they been united, to have kept the +whole district in good order; but unfortunately they were often at feud, +with the result that not only their own interests, but the interests of +the community as a whole, were ruthlessly sacrificed. It is worthy of note +that one of the principal causes of the frequent and disastrous feuds +between the representatives of the two families, was the frequency with +which the office of warden was conferred, first on the one, and then on +the other, without any good reason being assigned by the King for the +adoption of this shuttle-cock policy. This office was naturally much +coveted, as it was not only a source of revenue, which in those days was a +most important consideration, but a condition of influence and power. It +must, therefore, have been peculiarly irritating for the warden to be +summarily called upon to resign his office almost before he had begun to +reap the rewards pertaining to it. And when he saw his rival basking in +the sunshine of the royal favour, from which he had been suddenly and +capriciously excluded, his feelings may be more easily imagined than +described. Nor did it greatly tend to soothe his wounded feelings to +reflect that the person by whom he had been superseded would be certain +before long to be hurled from his proud eminence and another put in his +place. The whole system was pernicious, and was the source of no end of +mischief and bad blood. + +The origin of this famous feud may be briefly related. John, seventh Lord +Maxwell, has been well described as one of those men whom a daring and +restless temperament and their crimes "have damned to eternal fame." After +the death of the Regent Morton, he succeeded in securing a charter to the +Earldom of Morton--his mother, Lady Beatrix Douglas, being the Regent's +second daughter. It was not his good fortune, however, to enjoy for a +lengthened period either the title, or the domains attached to it. In +January, 1585, four years after he had come into possession, Parliament +rescinded the Attainder, and declared that the title and the estates were +to be conferred on the Regent Morton's lawful heir. Maxwell was declared a +rebel, mainly owing to his religious views--he being a warm adherent of +the Romish Church--and Johnstone was commissioned to apprehend him. Though +he had the assistance of two bands of hired soldiers, Maxwell proved more +than a match for him, took him prisoner, and set fire to Lochwood Castle, +as it was savagely remarked, "that Lady Johnstone might have light to put +on her hood." This unexpected blow fell on the laird of Johnstone with +crushing effect. In the following year he died of a broken heart. It is +to these circumstances that we must attribute the origin of the deadly +feud between the two clans, and especially between their chiefs. + +But Maxwell, though gaining this important victory, was not allowed to +escape. He was ultimately taken prisoner, but afterwards regained his +liberty, on condition that he left the country. He went to Spain, and +offered his services to "His Catholic Majesty," who was then busily +engaged in fitting out the _Invincible Armada_, by which he hoped to +overwhelm both England and Scotland. Lord Maxwell--so little was he +animated by the spirit of patriotism--entered into the scheme _con amore_. +Being furnished with ample means, he returned to Scotland in 1588 to levy +men on the Borders to assist his new sovereign. His prefidious designs +were fortunately discovered, and ere he could make good his escape, he was +surprised by the King in Dumfries, taken prisoner, and his wardenship of +the West Marches bestowed on his powerful rival, the laird of Johnstone. +Everything might have gone on smoothly at this juncture had the King only +been gifted with a little firmness and foresight. He was anxious, however, +to conciliate his Roman Catholic subjects, and he seems to have come to +the conclusion that, reasonable conditions being imposed, he might +accomplish this end by restoring Maxwell to favour and office. This was a +fatal blunder, and produced disastrous results. Though the two rival +chiefs were induced to enter into a bond of alliance to support each other +in their lawful quarrels, as might have been expected, it was not long +before circumstances arose which brought them again into deadly conflict. +The Johnstones seemed to have concluded that they were at liberty to harry +and despoil at their pleasure, so long as they left unmolested any of the +name of Maxwell. Acting upon this principle, they made a raid upon +Nithsdale, and committed sundry depredations on Lord Sanquhar, the lairds +of Drumlanrig, Closeburn, and Lagg, and killed eighteen persons who had +"followed their own goods." Such a fierce and unprovoked assault could not +well be allowed to go unpunished, and so a commission was given to Lord +Maxwell to pursue the Johnstones with all hostilities. Johnstone hearing +of this, at once adopted measures for his protection. He summoned to his +aid the Scotts of Teviotdale, and the Grahams and Elliots of Eskdale, as +well as "divers Englishmen, treasonably brought within the realm, armed in +plain hostility." Maxwell, however, determined not to be beat, entered +into "Bonds of Manrent" with Sanquhar, Drumlanrig, and several others, who +had suffered at the hands of Johnstone, to maintain each other's quarrels. + +Acting upon his commission, Maxwell summoned Johnstone to surrender, but +this he refused to do, on the ground that the warden had acted illegally +in entering into "Bonds" with the persons above-mentioned. As it was +clearly impossible to settle the question by diplomatic means, the warden +despatched Captain Oliphant with some troops to Lochmaben, to await his +arrival in Annandale. The Johnstones, who were on the alert, coming +suddenly upon them, killed the captain, and a number of his soldiers, and +burned the Kirk of Lochmaben, where some of Oliphant's men had fled for +refuge. Lord Maxwell now entered the field in person. He expected to raise +the different towns in his aid; but Johnstone, acting on the principle +that "a 'steek' in time saves nine," attacked him at once, scattered his +forces, and slew Lord Maxwell, "and sundry gentlemen of his name." This +affair took place December, 1593, and is well known as the Battle of Dryfe +Sands. "Lord Maxwell," it is said, "a tall man, and heavy in armour, was +in the chase overtaken and stricken from his horse. The report went that +he called to Johnstone, and desired to be taken (prisoner), as he had +formerly taken his (Johnstone's) father: but was unmercifully used; and +the hand that reached forth cut off; but of this I can affirm nothing. +There, at all events, the Lord Maxwell fell, having received many wounds. +He was a nobleman of great spirit, humane, courteous, and more learned +than noblemen commonly are; but aspiring and ambitious of rule." + +In this contest the Maxwells suffered severely. They were cut down in +scores in the streets of Lockerbie. It is said that those who escaped bore +on them to their dying hour marks of the fatal day, which occasioned the +proverbial phrase of "a Lockerby lick," to denote a frightful gash over +the face or skull. So dreadful was the carnage in this disastrous "bout of +arms" that it is alleged by numerous historians that at least 700 of the +Maxwells and their adherents were slain. Two aged thorns long marked the +spot where Maxwell met his fate, known in the district as "Maxwell's +Thorns." They were carried away by a flood some fifty years ago, but have +been replaced by two others, now enclosed in a railing. + +"It is evident, then," remarks Pitcairn, "according to the sentiments of +those times, inherited from their earliest years, which 'grew with their +growth and strengthened with their strength,' that natural duty and filial +piety required such a feud should become hereditary, and behoved should be +handed down from one generation to another. The attempts by the King and +his Council to procure an effectual reconciliation, although strenuously +made and often repeated, at length proved abortive. The re-appointment of +the Laird of Johnstone to be warden of the West Marches, in 1596, appears +to have served as a signal for the resumption of mutual aggressions."[56] +It would seem that Johnstone held the office at this time for a period of +three years, but as his wardenry had got into a most unsatisfactory +condition, he was superseded by Sir John Carmichael, his appointment being +notified to Lord Scrope, by James VI., on the 26th December, 1599. +Carmichael was murdered by Thomas Armstrong, "son of Sandies Ringan," in +the following year, and Johnstone was again appointed to this ill-fated +office. All this time the feud raged as fiercely as ever. Various attempts +were made to bring about an agreement, but nothing came of them. At length +through the influence of mutual friends, a private meeting was arranged. +Solemn pledges were given and exchanged, and Lord Maxwell and Sir James +Johnstone met on the 6th of April, 1608, each accompanied only by a single +attendant. The principals having removed some distance to discuss their +affairs, a quarrel arose between the two attendants, and when Sir James +Johnstone turned round to admonish them to keep the peace, Lord Maxwell +suddenly drew his pistol, and fired at him, and shot him through the back +with two bullets. + +This cold-blooded murder, made all the more heinous by the circumstances +in which it was perpetrated, was amply revenged. Lord Maxwell was +apprehended, and put in ward in the Castle of Edinburgh. He contrived, +however, to escape, and went abroad, where he remained for four years. He +returned to the Borders, but finding that his crime was remembered +against him, had instantly to prepare for embarkation to Sweden. +Unfortunately for himself, he was persuaded by his kinsman, the Earl of +Caithness, to abandon this project. He was lured to Castle Sinclair, where +he was promised shelter and secrecy. He was not long there before he was +betrayed by his friend, taken prisoner, and brought to Edinburgh and +beheaded. "It may be gratifying to know that the Earl of Caithness +obtained no reward for his traitorous conduct; but, on the contrary, his +treachery served as a source of constant reproach to him and his +family."[57] + +"Thus was finally ended, by a salutary example of severity, 'the foul +debate' betwixt the Maxwells and the Johnstones, in course of which each +family lost two chieftains; one by dying of a broken heart, one in the +field of battle, one by assassination, and one by the sword of the +executioner."[58] + +The history of the Borders unfortunately affords too many examples of the +deplorable consequences arising from the prevalency and frequency of such +feuds. Many were compelled to live in constant terror of the dagger of the +assassin, never knowing the moment when they might be stricken down by an +unseen hand. At the same time it may be remarked that those who were +guilty of the crime of murder found it a matter of extreme difficulty to +escape punishment. The "avenger of blood" was ever on the track, and +though for a time, by means of various disguises, the culprit might elude +pursuit, he had sooner or later to pay the penalty of his misdeeds. + +In the year 1511 Sir Robert Ker of Cessford was slain at a Border meeting +by three Englishmen--Heron, Starhead, and Lillburn. The English monarch +delivered up Lillburn to justice, but the other two made good their +escape. Starhead fled for refuge to the very centre of England, and there +lived in secrecy and upon his guard. Two dependants of the murdered warden +were deputed by Andrew Ker of Cessford to revenge his father's death. They +travelled through England in various disguises till they discovered the +place of Starhead's retreat, murdered him in his bed, and brought his head +to their master, by whom, in memorial of their vengeance, it was exposed +on the cross of Edinburgh. Heron would have shared the same fate had he +not spread abroad a report of his having died of the plague, and caused +his funeral obsequies to be performed. + +Various expedients were resorted to in order to terminate the feuds which +prevailed. A common method was to get the Chiefs and Chieftains of the +opposing clans to subscribe what were called "bonds of assurance." There +can be no doubt that this might often have proved a most effective +measure, had the parties concerned only been willing to let bygones be +bygones. But it was found that the old sores were not easily healed. +Despite the utmost precautions, animosities which had been suppressed for +a time--kept as it were in abeyance--would assert themselves in a most +unexpected manner, and with redoubled force, and create a still more +distracting condition of affairs. + +Prior to the Reformation, feuds were sometimes terminated by an appeal to +the religious sensibilities of the persons more immediately concerned. +They were induced to make pilgrimages to noted shrines--the shrine of St. +Ninian being a favourite resort--where, under the influence of religious +thoughts and feelings, they might be induced to take a more kindly view of +those with whom they were at feud, and make some reparation for the injury +they had inflicted. How far this method succeeded it is difficult to +determine, but the likelihood is that it was quite as effective as any +other. + +Among the Chiefs, or clans, feuds were sometimes brought to an end by a +contract of marriage between a leading gentleman of one clan and a +daughter of the principal house of the other. This was the plan adopted by +the Scotts and Kers, and which, after some vexatious delays, proved +entirely successful. + +But if it was found that none of the above methods of terminating the feud +could be conveniently applied, then resort was had, as has already been +hinted, to still simpler means. An atonement was made by the payment of a +sum of money called "assythment," which was sometimes found sufficient to +restore good feeling, and bring together in a spirit of amity families +that had been at feud with each other. + +But these and other means of putting an end to the feud proved, perhaps, +in the majority of cases, of little or no avail. The parties concerned +preferred, generally, to fight it out to the bitter end, utterly +indifferent to consequences. + + + + +VIII. + +THE THIEVES DAUNTONED. + + "Revenge! revenge! auld Wat 'gan cry; + Fye, lads, lay on them cruellie! + We'll ne'er see Teviotside again, + Or Willie's death revenged sall be." + + +The intermittent and ineffective manner in which the law was generally +administered on the Borders was the occasion, if not the cause, of much of +the turbulence and lawlessness which prevailed. The Border thieves were +now and then placed under the most rigid surveillance, and their misdeeds +visited with condign punishment; but for the most part they were left to +work out their own sweet will, none daring to make them afraid. + +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 +that at this present, there is some practice in hand, whatsoever it +is--and he doth assure me that those of Liddesdale, Ewesdale, Eskdale, and +Annandale, being 400 horse that came to Hawden brigges where they took +away the goods and burnt 4 houses, was not without the King's knowledge, +but not meant to be done in that place."[60] In another communication, in +which he alludes to the coming of the King to the Borders with a large +army, ostensibly to punish the thieves, he remarks, that he thought it +very strange that the King should come with so great a company for the +suppressing of a few thieves, when there was not one of them, either in +Liddesdale or Teviotdale, that he might not have had brought to him, had +he so wished it. He hints that these great outrages would never have been +attempted without the King's "privitie"--"for it was given forth," he +says, "that the Earl Bothwell's riding to Branksome and Hawick, where he +holds as many of Liddesdale before him as it pleased him to send for, that +it was to cause them of Liddesdale to be answerable to justice to England +for such outrages as they had sundry times committed; but the sequel did +manifest the cause of his going thither. For presently after, his said +son-in-law, the Laird of Buccleuch, made a 'roade' with 300 horse into the +West March at two of the clock in the after-noon, with a trumpet and +gydon, and spoiled the country about Bewcastle in warlike manner till +sun-set. The trumpet was my Lord Bothwell's, and the goods was carried to +Armitage at my Lord Bothwell's officers' commandment. So as I have just +cause to think that this 'roade' was done by my Lord Bothwell's +appointment, and I am sure he durst not have done it without the King's +privity, I will not say commandment."[61] + +These are only a few of many illustrations of a similar kind which may be +found scattered through the pages of the "State Papers," and while we must +be careful not to accept such statements as in every instance worthy of +absolute credence, yet the circumstances would seem to warrant our +regarding them, in many cases at least, as well founded. When the King and +his lieutenants thus secretly connived at, and encouraged, the +depredations of the reivers, we need hardly wonder that they engaged in +the work of plundering with an almost total absence of compunction. + +Had the sphere of their operations been always strictly confined to the +English Border, the likelihood is that neither King, nor Regent, would +have sought to "daunton" them. But there were times when it was difficult +for the Scottish reivers to earn a decent livelihood by harassing and +spoiling "the auld enemy," owing to the watchfulness and strength of those +dwelling within the opposite Marches; and as there was a danger of their +talents becoming feeble through disuse, they naturally turned their +attention to their own more wealthy neighbours and friends. That there is +"honour among thieves" is a proposition that is sometimes called in +question; but we find that the spirit of a really helpful friendship +occasionally manifested itself in curious ways. When a family, or clan, +contemplated a raid upon a neighbour's property, it was customary to +secure the assistance of the thieves on the opposite Border. In +"Pitcairn's Criminal Trials" there are numerous allusions to the +prosecutions of famous Scottish reivers for the inbringing of Englishmen +to assist them in the work of plunder. This was one of the offences +charged against Cockburn of Henderland, and which, no doubt, weighed +heavily with his judges in consigning him to the gallows. + +When the reivers thus turned their attention to their own countrymen, and +with the assistance of English allies began to despoil them, it was felt +that strong measures must be adopted for their suppression and punishment. +The Border reivers regarded the law with a feeling akin to contempt. They +were disposed to look upon the statutes of the realm as so many old wives' +fables; and, truth to speak, they were often of not much more account. The +policy of the wardens was too frequently one of mere self-aggrandizement, +and so long as their individual interests were not imperilled they looked +on with a kind of placid indifference at the misdoings of those whom it +was their duty, if not their interest, to control. When James VI. came to +Dumfries, to "daunton the thieves" in that district of the country, his +time was mainly occupied in meting out summary punishment to men of high +social position, whose "thefts, herschips, and slaughters" had become +notorious, and cried aloud for vengeance. There were, no doubt, many of +the commonality as well, who at this time were made to suffer for their +crimes, but as these cases were generally dealt with by subordinate +officials, they do not come so prominently before us. "Nothing is more +remarkable," says Sir Herbert Maxwell, "than the light thrown on the +social state of Scotland at this time by the justiciary records. By far +the larger part of the criminals dealt with at the King's 'justice aires' +were men of good position, barons and landowners, burgesses or provosts of +burghs. The humbler offenders were dealt with by the sheriff or at the +baron's courts, and do not appear; but the following extracts from the +records of the short reign of James IV., in which the culprits are all +landowners, or members of their families, in Dumfriesshire or Galloway, +illustrate the difficulty of maintaining order when the upper classes were +so unruly." Here a list of names is appended, in which such well-known +personages as Murray, Jardine, Herries, Bell, Dinwoodie, Lindsay, Douglas, +&c., appear. These men stand charged with high treason, +forethought--felony, slaughter, horse-stealing, and other heinous +offences. Some were pardoned, others respited, the horse-stealer was +called upon to make restitution,--a severe sentence,--and Lindsay of +Wauchope, who had slain a messenger-at-arms, was condemned to death, and +his estates forfeited. In the accounts of expenditure incurred by the King +during this visit to Dumfries some curious items appear. Here are a few +samples. _Item_, to the man that hangit the thieves at the +Hallirlaws,--xiiijs. _Item_, for ane raip to hang them in ...--viijd. +_Item_, to the man that hangit the thieves in Canonby, be the King's +command ...--xiiijs. But all the details are not of this gruesome +character. The work of hanging, needful as it was, could give but "sma' +pleasure" even to a King, and so we find that entertainment of another +kind was plentifully provided for the youthful monarch. "He was attended +in his progress," says Tytler, "by his huntsmen, falconers, morris +dancers, and all the motley and various minions of his pleasure, as well +as by his judges and ministers of the law; and whilst troops of the +unfortunate marauders were seized and brought in irons to the encampment, +executions and entertainments appear to have succeeded each other with +extraordinary rapidity."[62] + +Not long after the King made another visit to the Borders, coming on this +occasion also with a considerable following, to the Water of Rule, to +"daunton" the Turnbulls, whose excesses had filled the minds of the more +peaceful inhabitants with a feeling of terror. Leslie, in his own quaint +and picturesque style, thus describes the incident:--"The King raid furth +of Edinburgh, the viij. of November one the nycht, weill accumpaneit to +the watter of Roulle, quhair he tuik divers brokin men and brocht thame to +Jeduart; of quhom sum was justifyeit, and the principallis of the +trubillis [Turnbulls] come in lyning claythis, with nakitt sordis in thair +handis and wyddyis [ropes] about thair neckis, and pat thame in the Kingis +will; quha wes send to divers castells in ward, with sindrie utheris of +that cuntrey men also, quhair throchout the bordouris wes in greiter +quietnes thairefter."[63] + +We find that the Regents, when occasion demanded, were no less severe in +their treatment of the unfortunate marauders. It would seem that about the +middle of the sixteenth century the Borders had attained to an almost +unexampled degree of lawlessness. Murder, robbery, and offences of all +kinds prevailed to an intolerable extent. It is said that men who had been +publicly outlawed walked abroad, deriding the terrors of justice. Hawick, +a burgh of ancient renown, was the centre of these crimes. The Earl of Mar +made a sudden and rapid march upon the town, encompassed it with his +soldiers, and made a proclamation in the market place forbidding any one, +on pain of death, to receive or shelter a thief. He apprehended +fifty-three of the most noted outlaws, eighteen of whom, strange to state, +he was under the necessity of drowning for "lack of trees and halters." +Six were hanged in Edinburgh, and the rest either acquitted or put in +prison. This sharp and salutary lesson was evidently laid to heart, as we +learn that, for some time after, extraordinary quietness prevailed. + +In a few years, however, the state of matters on the Borders seems to have +gone from bad to worse. The Scotts and the Ellwoods (Elliots) were at +deadly feud, and as the result of their frequent and violent quarrels the +whole district was thrown into confusion and disorder. Queen Mary had +recently returned from France; and, hearing how things were going in this +distracted part of her realm, came to Jedburgh to hold court in person. +For more than a week she was busily engaged in hearing a great variety of +cases that were brought before her, and imposing various modes and degrees +of punishment on the offenders. It was on this occasion she made her +famous visit to Hermitage Castle, in Liddesdale. The Earl of Bothwell had +been stationed there for some time, in order if possible to "daunton" the +"wicked limmers" by whom the district had long been infested. One day when +in pursuit of a party of Elliots, having got considerably ahead of his +company, he encountered a famous mosstrooper, John Elliot of Park, the +"little Jock Elliot" of Border song (?), and drawing a "dag" or pistol +fired at him, wounding him severely in the thigh. The gallant marauder +turned upon his assailant, and, with a two-handed sword, which he wielded +with amazing dexterity, bore him to the ground, leaving him to all +appearance dead. Some have been wicked enough to wish that this _coup +d'epée_ had been more effective, as both Queen and country would have been +spared much trouble and many heart burnings had Elliot's well-aimed blow +fallen with more deadly effect. Mary, hearing that her favourite courtier +lay ill at Hermitage, resolved to pay him a friendly visit. Leaving +Jedburgh early in the morning, in the company of her brother Murray, and +other officers, she rode by way of Hawick over the hills to Liddesdale--a +distance of twenty miles. The road was rough, and not without its hazards, +especially to one unacquainted with the district--the ground near the +watershed being full of quaking bogs and treacherous morasses. There is a +place still known as the "Queen's Mire," near the head of the Braidlie +burn, where the palfrey on which her Majesty was riding came to grief. Not +long ago a bit of a silver spur was found at this spot, which is not +unreasonably regarded as a relic of the Queen's disaster. + +After watching by the bed of the sufferer for the space of two hours, the +Queen resumed her journey, reaching Jedburgh the same night. This long +and exciting ride, which has exposed the memory of the fair Queen to many +severe animadversions, was followed by a violent fever, which brought her +to the gates of death. She herself did not expect to recover. Calling her +nobles around her couch she enjoined them to live in unity and peace with +each other, and to employ their utmost diligence in the government of the +country, and the education of her son. But the end was not yet. +Fotheringay, with its tragic memories, and not the quiet Border town where +she then lay, was to witness the close of her sublimely pathetic career. + +The unsettled condition of the country after the battle of Langside, and +the Queen's flight into England, made the Border reivers more than ever +bold and lawless. They seemed to think that their opportunity had come, +and that they might shake themselves free from the embarrassing restraints +of constituted authority. But they were speedily made to feel that the +hand of the Regent was even heavier than that of the King. The Earl of +Murray, realizing that repressive measures were urgently needed, mustered +a force of 4000 horse and foot and marched into Teviotdale, where he was +speedily joined by Scott of Buccleuch, Home, Ker of Cessford, Ker of +Ferniherst, and other gentlemen. After consulting together it was resolved +to burn and destroy Liddesdale; and Buccleuch and Ferniherst were deputed +to undertake the work. This resolution, as might have been expected, +created consternation and dismay amongst the leaders of the clans, who +came to the Regent entreating him to stay his hand, and graciously pardon +their offences. Murray was not unwilling to do so, provided they would +give assurances and pledges of their future conduct. + +It was found impossible, however, to come to terms. The sureties offered +did not satisfy the Regent, and he at once set about the wholesale work of +destruction which he had formerly planned. He was determined to do the +work thoroughly when he had begun. Everything that would burn was given to +the flames. Not a single house was left standing. He spent a Sunday night +in the castle of Mangerton, and when he left next morning he had the +satisfaction of seeing it reduced to a heap of ruins. This destructive +invasion must have taxed the energies of his large army, as it is said +that the Armstrongs and Elliots had fifty keeps and castles on the banks +of the Liddle. It is one thing, however, to destroy the rookeries; it is +another and totally different thing to exterminate the crows. The Border +thieves were not difficult to accommodate. They were inured to hardship. +It was a necessity of their mode of life. Their "peels" and "towers" might +be in ruins, but it never seemed to have occurred to them to go elsewhere, +at least for any length of time. As soon as the avenging army had +withdrawn, they were back to their old haunts, and in a short time had +them as comfortable as ever. When a community has been demoralized by long +continued misgovernment, the mere application of brute force does not go +far in the way of restraining them, or helping them toward a better mode +of life--a lesson which governments are often slow to learn. + +But this work of "dauntoning the thieves" was also occasionally undertaken +by the wardens with considerable heartiness, more especially when dealing +with unfortunate culprits from the opposite wardenry. Sir Robert Cary +frequently distinguished himself in this way. In his chatty and +interesting "Memoirs," he tells a story of one _Geordie Bourne_, whom he +caused to be hanged on account of his villainies. It is to be hoped that +the picture he has drawn of this man is not representative of the reivers +as a whole, as it is hardly possible to conceive of a more consummate +scoundrel. We shall let the warden tell the story in his own words. He +says:--"This gallant with some of his associates, would, in a bravery, +come and take goods in the East March. I had that night some of the +garrison abroad. They met with this Geordie and his fellows driving off +cattle before them. The garrison set upon them, and with a shot killed +Geordie Bourne's uncle, and he himself bravely resisting, till he was sore +hurt in the head, was taken. After he was taken, his pride was such as he +asked who it was that durst avow that night's work? But when he heard it +was the garrison, he was then more quiet. But so powerful and awful was +this Sir Robert Car and his favourites, as there was not a gentleman in +the East March that durst offend them. Presently, after he was taken, I +had most of the gentlemen of the March come to me, and told me that now I +had the ball at my foot, and might bring Sir Robert Car to what condition +I pleased; for this man's life was so near and dear to him, as I should +have all that heart could desire for the good and quiet of the country and +myself, if upon any condition I would give him his life. I heard them and +their reasons; notwithstanding, I called a jury the next morning, and he +was found guilty of March treason. Then they feared that I would cause him +to be executed that afternoon, which made them come flocking to me that I +should spare his life till the next day; and if Sir Robert Car came not +himself to me, and made me not such proffers as I could not but accept, +then I should do with him what I pleased. And, further, they told me +plainly that if I should execute him before I heard from Sir Robert Car, +they must be forced to quit their houses and fly the country; for his fury +would be such against me and the March I commanded, as he would use all +his power and strength to the utter destruction of the East March. They +were so earnest with me, that I gave them my word he should not die that +day. There was post upon post sent to Sir Robert Car; and some of them +rode to him themselves to advertise him in what danger Geordie Bourne was; +how he was condemned, and should have been executed that afternoon, but, +by their humble suit, I gave them my word that he should not die that day; +and therefore besought him that he would send to me with all speed he +could, to let me know that he would be next day with me to offer good +conditions for the safety of his life. When all things were quiet and the +watch set at night, after supper, about ten of the clock, I took one of my +men's liveries and put it about me, and took two other of my servants with +me in their liveries, and we three, as the warden's men, came to the +Provost Marshal's, where Bourne was, and were let into his chamber. We sat +down by him, and told him that we were desirous to see him, because we +heard he was stout and valiant and true to his friend; and that we were +sorry our master could not be moved to spare his life. He voluntarily of +himself said that he had lived long enough to do so many villainies as he +had done, and withal told us that he had lain with above forty men's +wives, what in England, what in Scotland; and that he had killed seven +Englishmen with his own hand, cruelly murdering them; that he had spent +his whole time in whoring, drinking, stealing, and taking deep revenge for +slight offences. He seemed to be very penitent, and much desired a +minister for the comfort of his soul. We promised him to let our master +know his desire, who, we knew, would presently grant it. We took our leave +of him, and presently I took order that Mr Selby, a very worthy honest +preacher, should go to him, and not stir from him till his execution the +next morning; for after I had heard his own confession, I was resolved no +conditions should save his life; and so took order that, at the gate's +opening next morning, he should be carried to execution, which accordingly +was performed."[64] + +Milder measures were sometimes adopted, and proved surprisingly +efficacious--in certain circumstances. Before Sir Robert Cary was warden +of the East March he was deputy to Lord Scrope, his brother-in-law, who +was warden of the West March, with his headquarters in Carlisle. On one +occasion, when occupying this subordinate position, intelligence was +brought to him that two Scotsmen had killed a churchman in Scotland, and +that they had been relieved or sheltered by one of the Græmes of Netherby. +Cary determined to surprise the fugitive Scots, and about two o'clock one +morning surrounded the Tower of Netherby with twenty-five horsemen. As he +approached he saw a boy riding from the house as fast as his horse could +carry him. Thomas Carelton came to him and said, "Do you see that boy that +rideth away as fast? He will be in Scotland within this half hour, and he +is gone to let them know that you are here, and the small number you have +with you; and that if they make haste, on a sudden they may surprise us, +and do with us what they please." But Cary was not to be frightened. He +soon gathered together three or four hundred horse from the surrounding +district and as many foot, and presently set to work to get to the top of +the strong tower into which the Scots had fled for refuge. The Scots, +seeing how things were going, pled for mercy. "They had no sooner opened +the iron gate," says Cary, "and yielded themselves my prisoners, but we +might see four hundred horse within a quarter of a mile coming to their +rescue, and to surprise me and my small company; but of a sudden they +stayed, and stood at gaze. Then had I more to do than ever, for all our +Borderers came crying with full mouths, 'Sir, give us leave to set upon +them, for these are they that have killed our fathers, our brothers, our +uncles, and our cousins; and they are come, thinking to surprise you, upon +weak grass nags,[65] such as they could get on a sudden; and God will put +them into your hands, that we may take revenge of them for much blood that +they have spilled of ours.' I desired that they would be patient and wise, +and bethought myself, if I should give them their wills, there should be +few or none of them (the Scots) that would escape unkilled (there were so +many deadly feuds among them), and therefore I resolved with myself to +give a fair answer, but not to give them their desire. So I told them that +if I were not there myself, they might do what pleased themselves; but +being present, if I should give them leave, the blood that had been spilt +that day would lie very heavy on my conscience, and therefore I desired +them, for my sake, to forbear; and if the Scots did not presently make +away with all the speed they could upon my sending to them, they should +then have their wills to do what they pleased. They were ill satisfied +with my answer, but durst not disobey. I sent with speed to the Scots, and +bade them pack away with all the speed they could, for if they stayed the +messengers' return, there should few of them return to their own home. +They made no stay, but they were turned homewards before the messenger had +made an end of his message. Thus, by God's mercy and by my means, there +were a great many lives spared that day."[66] + +Thus ended happily what might otherwise have proved a disastrous +encounter. Such incidents tend to prove that the Borderers might have been +governed with comparative ease had they only been dealt with in a firm but +kindly spirit. The rough usage to which they were frequently subjected at +the hands of the government made them reckless, and not unnaturally led +them to regard the law not as a friend, but as an enemy. + + + + +IX. + +LIDDESDALE LIMMERS. + + "_Wicked thieves and limmers._" + + ACT OF PARLIAMENT. + + + "Thir limmer thieves, they have good hearts, + They nevir think to be o'erthrown; + Three banners against Weardale men they bare, + As if the world had been their own." + + ROOKHOPE RYDE. + + +Though reiving may be said to have been a characteristic of the +inhabitants along the whole Border line from Berwick to the Solway, yet it +was only in the district known as Liddesdale where it attained, what we +might designate, its complete development as a thoroughly organized +system. This part of Roxburghshire is, to a certain extent, detached from +the rest of the county by reason of the fact that it lies south of the +range of hills which form the watershed between the Solway and the German +Ocean. This picturesque and interesting district, so famous in Border song +and story, is of a somewhat triangular shape, and at present forms one of +the largest parishes in the south of Scotland, measuring some twenty miles +by fourteen. It is bounded by England on the south, by Dumfriesshire on +the west, and by the parishes of Teviothead, Hobkirk, and Southdean on +the north. The upper, or northern, portion is mountainous and bleak. Some +of the hills along its boundaries are high and precipitous, the lofty +peaks of Millenwood Fell and Windhead attaining an elevation of close on +2000 feet. Tudhope hill, which forms a landmark for ships at sea, is 1830 +feet high. The lower end of the district is less mountainous, but the +whole country is wild and bare, except in the valleys, which are clothed +in the richest green, and are sunny and sheltered. + +Along the banks of the Hermitage and the Liddle--the latter stream giving +its name to the district--the keeps and peels of the Border reivers were +thickly and picturesquely planted. These towers, many of which have been +happily preserved, form one of the most striking features of the Border +landscape. As a general rule they were built in some situation of great +natural strength, on a precipice, or close to the banks of a stream, or +surrounded by woods and morasses, which made them difficult of access. The +position in which they were generally placed indicated at a glance the +pursuits and apprehensions of their inhabitants. It is said that when +James VI. approached the castle of Lochwood, the ancient seat of the +Johnstones, he exclaimed that "the man who built it must have been a knave +in his heart." + +The principal part of these strongholds consisted of a large square tower, +called a "keep," having walls of immense thickness, which could be easily +defended against any sudden or desultory assault. The residencies of the +inferior Chiefs, called "peels" or "bastel-houses," were generally built +on a much smaller scale, and consisted merely of a high square tower, +surrounded by an outer wall, which served as a protection for cattle at +night. In these places the rooms were placed, one above the other, and +connected by a narrow stair, which was easily blocked up or defended, so +that it was possible for the garrison to hold out for a considerable +period, even after the lower storey had been taken possession of by the +enemy. In such circumstances the usual device was for the assailants to +heap together quantities of wetted straw, and set fire to it in order to +drive the defenders from storey to storey, and thus compel them to +surrender. + +"In each village or town," says Sir Walter Scott, "were several small +towers having battlements projecting over the side walls, and usually an +advanced angle or two, with shot-holes for flanking the doorway, which was +always defended by a strong door of oak, studded with nails, and often by +an interior door of iron. These small peel-houses were ordinarily +inhabited by the principal feuars and their families. Upon the alarm of +approaching danger, the whole inhabitants thronged from their miserable +cottages, which were situated around, to garrison these places of +defence. It was then no easy matter for an hostile party to penetrate into +the village, for the men were habituated to the use of bow and fire-arms; +and the towers being generally so placed that the discharge from one +crossed that from another, it was impossible to assault any of them +individually." + +In the middle of the sixteenth century there were no fewer than sixteen of +these bastel-houses in the village of Lessudden, a fact which shows that +the inhabitants of the Border were compelled to live under somewhat +peculiar conditions. To follow the ordinary occupations of life was, in +most cases, all but impossible. + +One of the most important strongholds on the Borders was Hermitage, a +well-built castle, placed near the watershed, on the banks of a +swift-flowing mountain stream--the Hermitage water, which joins the Liddle +a little above the village of Newcastleton. This famous Border tower was +built and fortified by Walter, Earl of Menteith, in the beginning of the +thirteenth century. It was a royal fortress, built and maintained for the +defence of the Kingdom. Numerous interesting associations cluster around +its mouldering walls. It has, unhappily, been the scene of many a +blood-curdling tragedy. Could its massive walls only recount the deeds +which have been done under their shadow, they would many a strange tale +unfold. Hermitage was long associated with the name of Lord Soulis, a +fiend in human form, whose crimes have been painted in blackest hues, and +to whom tradition has ascribed almost every conceivable kind and degree of +wickedness. He seems, at least, to have been utterly destitute of the +divine quality of mercy. + + "The axe he bears, it hacks and tears; + 'Tis form'd of an earth-fast flint; + No armour of knight, tho' ever so wight, + Can bear its deadly dint. + + No danger he fears, for a charm'd sword he wears, + Of adderstone the hilt; + No Tynedale knight had ever such might, + But his heart-blood was spilt." + +He invited the young laird of Mangerton to a feast, and treacherously +murdered him. The "Cout of Keeldar," also, was drowned by the retainers of +Lord Soulis in a pool near the castle, being held down in the water by the +spears of his murderers. + + "And now young Keeldar reach'd the stream, + Above the foamy linn; + The Border lances round him gleam, + And force the warrior in. + + The holly floated to the side, + And the leaf on the rowan pale; + Alas! no spell could charm the tide, + Nor the lance of Liddesdale. + + Swift was the Cout o' Keeldar's course + Along the lily lee; + But home came never hound nor horse, + And never home came he. + + Where weeps the birch with branches green, + Without the holy ground, + Between two old gray stones is seen + The warrior's ridgy mound. + + And the hunters bold, of Keeldar's train, + Within yon castle's wall, + In a deadly sleep must aye remain, + Till the ruin'd towers down fall. + + Each in his hunter's garb array'd, + Each holds his bugle horn; + Their keen hounds at their feet are laid + That ne'er shall wake the morn." + +Tradition says that, when the people complained to the King of the +atrocities committed by Lord Soulis, he said to them in a fit of +irritation--"Go, boil Lord Soulis and ye list, but let me hear no more of +him." No sooner said than done-- + + "On a circle of stones they placed the pot, + On a circle of stones but barely nine; + They heated it red and fiery hot, + Till the burnish'd brass did glimmer and shine. + + They roll'd him up in a sheet of lead, + A sheet of lead for a funeral pall; + They plunged him in the cauldron red, + And melted him, lead, and bones and all. + + At the Skelfhill, the cauldron still + The men of Liddesdale can show; + And on the spot where they boil'd the pot + The spreat and the deer-hair ne'er shall grow." + +At a place called the "Nine Stane Rig" there may still be seen a circle of +stones where it is supposed this gruesome tragedy was enacted. The +"cauldron red," in which Lord Soulis was boiled, is now in the possession +of the Duke of Buccleuch. The Nine Stane Rig derived its name from an old +Druidical circle of upright stones, nine of which remained to a late +period. Two of these are particularly pointed out as those that supported +the iron bar upon which the fatal cauldron was suspended. + +The castle of Hermitage ultimately passed into the possession of the +Douglasses, and became the principal stronghold of the "Black Knight of +Liddisdale," a natural son of the good Lord James Douglas, the trusted +friend and companion of Bruce. In the year 1342 it was the scene of the +following terrible tragedy: + +Sir Alexander Ramsay of Dalhousie, a brave and patriotic Scottish baron, +who had specially distinguished himself in the wars with England, was +appointed governor of the castle of Roxburgh and Sheriff of Teviotdale. +Douglas, who had formerly held the office of Sheriff, was enraged when he +heard what had occurred, and vowed revenge against Ramsay, his old +companion in arms. He came suddenly upon him with a strong party of his +vassals while he was holding his court in the church of Hawick. Ramsay, +suspecting no harm, invited Douglas to take a seat beside him. The +ferocious warrior, drawing his sword, rushed upon his victim, wounded him, +threw him across his horse, and carried him off to the remote and +inaccessible castle of Hermitage. There he was thrown into a dungeon, and +left to perish of hunger. It is said that his miserable existence was +prolonged for seventeen days by some particles of corn which fell from a +granary above his prison. Tytler, in commenting on this abominable crime, +justly remarks:--"It is a melancholy reflection that a fate so horrid +befell one of the bravest and most popular leaders of the Scottish nation, +and that the deed not only passed unrevenged, but that its perpetrator +received a speedy pardon, and was rewarded by the office which led to the +murder." + +In later times Hermitage is chiefly associated with the names of Bothwell +and Buccleuch. It is still in the possession of the latter noble family, +and is one of the most interesting of all the old Border castles. + +In the olden time Liddesdale was chiefly inhabited by two numerous and +powerful families--the Armstrongs and the Elliots. The laird of Mangerton +was the head of the former, and the laird of Redheugh of the latter. Both +families were, almost without exception, notorious freebooters. Reiving +was the business of their lives. They were inspired, if not with a noble, +at least with an overmastering enthusiasm for their nefarious calling. +They were strongly of opinion that all property was common by the law of +nature, and that the greatest thief was the man who had the presumption +to call anything his own! Might was right. + + "They may take who have the power, + And they may keep who can." + +It was, no doubt, a simple rule, but the consequences resulting from its +application were not always of an agreeable description. + +It is said that the original name of the Armstrongs was _Fairbairn_, and +that the change of name was brought about by a curious incident. The King +on one occasion asked a Fairbairn to help him to mount his horse. +Stretching out his arm, he caught the King by the thigh, and lifted him +into his saddle. From henceforth he was known by the name of _Armstrong_. + +The name "Elliot" has undergone considerable changes. It is spelled in +some of the older documents in at least seventy or eighty different ways, +the most common being Ellwood, Elwald, Elwand, Hellwodd, Halliot, Allat, +Elliot. It is remarkable that in many districts in the south of Scotland +the name is still pronounced "Allat," though this is one of the older +forms in which it appears. + +The Elliots and Armstrongs and other inhabitants of Liddesdale attained an +unenviable notoriety. The picture which Maitland has drawn of these +"Liddesdale Limmers" may be here and there too highly coloured; yet those +who are most familiar with the facts of Border history will be the first +to admit that it is, on the whole, a fairly accurate description. It is +entitled, "A Complaynt against the Thieves of Liddesdale"-- + + "Of Liddesdale the common thieves, + Sae pertly steals now and reives, + That nane may keep + Horse, nolt, nor sheep + For their mischieves. + + They plainly through the country rides, + I trow the mickle devil them guides, + Where they onset + Ay in their gait, + There is no yett, + Nor door them bides. + + They leave richt nocht wherever they gae; + There can nae thing be hid them frae; + For gif men wald + Their houses hald, + Then wax they bald + To burn and slay. + + They thieves hae near hand herrit hail, + Ettrick Forest and Lauderdale; + Now are they gane + To Lothiane, + And spares nane + That they will wail. + + Bot common taking of blackmail, + They that had flesh, and bread, and ale, + Now are sae wrackit, + Made bare and naikit, + Fain to be slaikit, + With water caill. + + They thieves that steals and turses[67] hame, + Ilk ane o' them has ane to-name, + Will i' the Laws, + Hab o' the Shaws, + To mak bare wa's + They think nae shame. + + They spulyie puir men o' their packs, + They leave them nocht on bed or balks,[68] + Baith hen and cock, + With reel and rock, + The Laird's jock, + All with him taks. + + They leave not spindle, spoon, nor speit, + Bed, blanket, bolster, sark, nor sheet, + John o' the Park + Rypes kist and ark; + For all sic wark + He is richt meet. + + He is weel kenned, Jock o' the Syde-- + A greater thief did never ride; + He never tires + For to break byres; + O'er muir and mires, + Ower guid ane guid. + + Of stouth though now they come guid speed, + That nother of God or man has dread; + Yet or I dee, + Some shall them see + Hing on a tree, + While they be dead." + + +It is evident from this graphic account that these "Liddesdale limmers" +were not particular as to their booty. They carried off everything that +came to hand, on the principle, perhaps, that if they had no particular +use for some of the things they appropriated, they were at least leaving +their enemies poorer than when they found them. We read of one John Foster +of Heathpool, servant to Sir John Foster, complaining of John Elliot of +the Heughehouse, Clement Croser, "Martin's Clemye," John Croser, "Eddie's +John," Gib Foster of Fowlesheiles, &c., to the number of thirty, "who +stole six oxen, 6 kye, 4 young nowte, ane horse, a nag, a sword, a steil +cap, a dagger and knives, 2 spears, 2 dublets, 2 pair of breeches, a +cloke, a jerkyne, a woman's kertle and a pair of sleaves, 9 kerchers, 7 +railes, 7 partlettes, 5 pair of line(n) sheitis, 2 coverlettes; 2 lynne +sheits; a purs and 6/- in monie; a woman's purs and 2 silke rybbons; a +windinge clothe; a feather bed; a cawdron, a panne, 4 bond of hempe, a +pair of wool cards, 4 children's coates, &c., &c."[69] + +The list of goods here "appropriated" by John Elliot and his friends is an +interesting one, as it shows "that all was fish that came to their +net"--not even the "winding cloth" being discarded when ransacking the +house. We also find an account of one Robert Rutherford of Todlaw +producing a "remission for art and part of the theft of certain cuschies +of silk, sheits, fustiane, linen cloths, scarfs, fustiane, scarfs, and +other clothes, furth of the Kirk of Jedworthe--Robert Turnbull of +Blindhalche becoming surety to satisfy parties."[70] Sacrilege was of +frequent occurrence. We also find the following entry in +Pitcairn:--"Remission to Edward Tayt, for the thiftwise breking of the +Kirk of Hendirland, and takin away of certaine guids, gold and silver, fra +Sir Wilzeame Jurdane." This happened in the year 1493, which points to the +fact that at that date the church of Henderland, which stood on the +rounded eminence near Henderland farm house, where "Perys and Marjorie +Cockburn" have found their last resting place, was then in existence. This +place of worship must have disappeared about the time of the Reformation. + +These items of information, curious though they may appear, must not be +regarded as abnormal instances of the rapacity of the Liddesdale thieves, +or "limmers"--to use the designation of an old Act of the Scottish +Parliament. They simply denote ordinary incidents of Border reiving. +"Kist" and "ark" were made to yield up their treasures. "Insight gear" +included everything to be found within the four walls of the house. The +very children were sometimes carried off! When the thieves had completed +their task those whom they had plundered were occasionally left in a state +of absolute destitution. They might congratulate themselves when they +were able to keep their clothes on their backs! Some, indeed, were not so +fortunate; and, after an encounter with the thieves, were compelled to +face the rigour of a severe climate with an exceedingly primitive outfit. + +It is interesting to find that the clan system prevailed on the Borders, +especially in the south-west portion of the district. In Liddesdale, in +the district known as the Debateable land, and along the shores of the +Solway, the inhabitants were grouped into clans, many of them numerous and +powerful. According to Skene, "the word clan signifies children or +descendants, and the clan name thus implies that the members of it are, or +were supposed to be, descended from a common ancestor or eponymus, and +they were distinguished from each other by their patronymics, the use of +surnames in the proper sense of the term being unknown among them. These +patronymics, in the case of the _Caenncine_, or chief, and the +_Ceanntighs_, or heads of the smaller septs, indicated their descent from +the founder of the race or sept; those of the members of it who were of +the kin of the Chief or Chieftain showed the personal relation; while the +commonality of the clan simply used a derivative form of the name of the +clan, implying merely that they belonged to it."[71] + +This form of government, so essentially patriarchal in its nature, is at +once the most simple and universal. It is derived from the most primitive +idea of authority exercised by a father over his family. Among nations of +a Celtic origin this system was universal. Indeed, it is generally held +that it is a system peculiar to Celtic tribes. How it came to be +established on the Borders is a question which is not easily solved. Sir +Walter Scott is of opinion that the system was originally derived from the +inhabitants of the western portion of Valentia, who remained unsubdued by +the Saxons, and by those of Reged, and the modern Cumberland. He says that +the system was not so universal on the eastern part of the Marches, or on +the opposite Borders of England. There were many families of distinction +who exercised the same feudal and territorial authority that was possessed +by other landlords throughout England. But in the dales of Rede and Tyne, +as well as in the neighbouring county of Cumberland, the ancient custom of +clanship prevailed, and consequently the inhabitants of those districts +acted less under the direction of their landlords than under that of the +principal men of their name.[72] + +It is important that this fact should be kept steadily in mind, as the +mode of government, of living, and of making war, adopted by the Borderers +on both sides, seems to have been in great measure the consequence of the +prevailing system of clanship. + +It is the simplest of all possible systems of government. The Chief was +not only the legislator and captain and father of the tribe, but it was to +him that each individual of the name looked up for advice, subsistance, +protection, and revenge. + +In "Skene's Acts of Parliament" a Roll of the Border clans is given, from +which it would appear that there were SEVENTEEN distinct septs, or +families, mostly in the south-western portion of the Scottish Borders. The +_Middle March_ was inhabited by Elliots, Armstrongs, Nicksons, and +Crosiers. The _West March_ by Scotts, Beatisons, Littles, Thomsones, +Glendinnings, Irvinges, Belles, Carrutherses, Grahams, Johnstones, +Jardines, Moffettes, and Latimers. These clans are described as having +"Captaines, Chieftaines, quhome on they depend, oft-times against the +willes of their Landislordes." "Ilk ane o' them," according to Maitland, +had a to-name, or _nickname_, as it is commonly called now-a-days. This +was a matter of necessity, as otherwise it would have been exceedingly +difficult to distinguish the different members of the sept. These to-names +are often suggestive and amusing, as most of them are based on some +physical or moral peculiarity. In the year 1583 Thomas Musgrave sent an +interesting letter to Burghley, Chancellor to Queen Elizabeth, in which he +gives a list of the Armstrongs and Elliots. "I understand," he says, "that +your lordship is not well acquainted with the names of the waters, and +the dwelling places of the riders and ill-doers both of England and +Scotland.... May it please, therefore, your lordship to understand, that +the ryver Lyddal is a fayre ryver, and hath her course doun by Lyddisdall, +so as the dale hath the name of the ryver.... I shall therefore set downe +the Ellottes of the head of Lyddall as my skyll will afforde, that your +lordship may know the better when their deeds shall come in question. The +Ellotes of Lyddisdall:--Robin Ellot of the Redheugh, Chiefe of the +Ellottes; Will Ellot of Harskarth his brother; Gebbe Ellot his brother; +Adam Ellot of the Shaws; Arche Ellot called Fyre the brayes; Gybbe Ellot +of the Shawes; Gorth Simson; Martin Ellot called Rytchis Martin. All these +are Robin Ellotes brethren, or his men that are daly at his commandement. +The grayne of the Ellotes called the Barneheedes:--Joke Ellot called Halfe +loges. The grayne of the Ellottes of the Bark:--Sims Johne Ellot of the +Park; Will Ellot, gray Willie; Hobbe Ellot called Scotes Hobbe; Johne +Ellot of the Park; Jem Ellote called gray Wills Jeme; Hobbe Ellot called +Hobbs Hobbe. The grayne of Martin Ellot of Bradley:--Gowan Ellot called +the Clarke; Hobbe Ellot his brother; Arche Ellot his brother; Joke Ellot +called Copshawe; John Ellot of Thornesope; Will Ellot of the Steele; Dand +Ellot of the Brandley; John Ellot of the same; Seme Ellot of Hardin. All +theise Ellots and manie more of them are at Robin Ellot's commandment and +dwell betwixt the Armstrongs in Lyddisdall and Whethough town--fewe of +them marryed with Englishe women." Then follows a long list of the +"Armstrongs of Mangerton," and of the "Howse of Whetaughe Towre." Some of +the names in the list are amusingly suggestive--"Seme Armestronge lord of +Mangerton marryed John Foster's daughter of Kyrshopefoot; Joke Armestronge +called the "lord's Joke" dwelleth under Dennyshill besides Kyrsope in +Denisborne, and married Anton Armestrong's daughter of Wylyare in +Gilsland; Johne Armestronge called "the lordes Johne," marryet Rytche +Grayme's sister.... Thomas Armestrong called "the lordes Tome."... Runyon +Armestrong called "the lordes Runyon."... Thom Armestronge Sims Thom, +marryed Wat Storyes daughter of Eske, called Wat of the Hare ends."[73] + +We also read of "Thomas Abye," "Gawins Will," "Red Andrew," "Bangtale," +"Ould Hector of Harlaw," "Stowlugs," "Cokespoole," "Skinabake," "Carhand," +"Hob the Tailor," "Redneb," &c. + +Among the Elliots we find such to-names as "Long John," "John the Child," +"John Cull the spade," "Bessie's Wife's Riche," "Robin the Bastard of +Glenvoren," &c. One of the family of Nixon was known as "Ill Drooned +Geordie," a name which seems to indicate that the person who bore it had +had at one time or another a narrow escape from what perhaps was his +righteous doom. "Wynking Will,"[74] "Wry-Crag," "David the Leddy," and +"Hob the King," are sufficiently explicit. + +These are a fair sample of the _to-names_ by which the thieves of +Liddesdale were distinguished. It must be admitted, however, that many of +them are not quite so respectable as those given, and would hardly admit +of reproduction in a modern book. The men to whom they were assigned must +have been regarded, one would naturally suppose, as utterly disreputable +characters, even by those who associated with them in the invidious +calling to which they were devoted. + +It is probable that the men of Liddesdale were to a certain extent +corrupted by their propinquity to the lawless hordes which inhabited the +Debateable land. This was a tract of country lying between the Esk and the +Sark, of some fifty or sixty square miles in extent, which was regarded as +belonging neither to the one kingdom nor the other. Here the "Genius of +Misrule," for many generations, held all but undisputed sway. The Græmes, +Littles, and Bells, and other "broken men" of equally unenviable +reputation, found in this district a convenient centre for conducting +their marauding exploits. It was a matter of no moment to them whether +their victims belonged to the one country or the other. They were as +destitute of patriotism as of the other virtues. When they were hard +driven by the English, they claimed the protection of the Scottish warden; +and when he in his turn had accounts to settle with them, they appealed to +his English rival in office to shield them from vengeance. In this way +they often succeeded in escaping the punishment due to their misdeeds, +where others, less happily circumstanced, would have been speedily +compelled to "underlie the law." In course of time this state of matters +became intolerable, and it was resolved by the Scottish Council in the +year 1552 that this district should be divided, the one part to be placed +under the jurisdiction of England, the other under that of Scotland. +Accordingly, a Commission, on which were representatives of both nations, +was appointed to settle, if possible, this long-standing difficulty. These +commissioners were allowed the utmost freedom of judgment in fixing upon a +proper boundary line, as both governments were agreed that minor +difficulties, as to the extent of territory to be allocated to the one +country or the other, should not be allowed to stand in the way. The final +decision was not so easily arrived at as might, in the circumstances, have +been expected. The Scots drew the line considerably to the south, the +English to the north, of the boundary finally agreed upon. After +considerable discussion, a line was ultimately fixed which satisfied both +parties, and a turf dyke was built, stretching from the Sark to the Esk, +which is still known as the Scots Dyke. + +This was an important step. The boundary was finally settled. The wardens +knew the precise limits to which their power and authority extended, and +were thus in a position to discharge the duties of their office with more +assured certainty of success. But, as might have been anticipated, the +fixing of a boundary line did not eradicate, or even to any great extent +restrain, the thieving propensities of the lawless inhabitants of this +district. The Debateable land continued to nourish "ane great company of +thieves and traitores, to the great hurt and skaith of the honest lieges" +as in times by-past. But a good beginning had been made in fixing the +boundaries, and in course of time more favourable results ensued. + +It would be unwarrantable to assert that the Liddesdale thieves attained +their unenviable notoriety entirely owing to their intimate association +with the fierce banditti to whom reference has been made. The Armstrongs +and Elliotts needed no encouragement in the carrying on of their nefarious +business of plunder. They were evidently heartily in love with their +calling, and were never happier than when engaged in a marauding +expedition. But apart from the fact that "evil communications corrupt good +manners," the near neighbourhood of the Debateable land constituted an +indirect incentive to crime. In the great deer forests of the Highlands +there are what are called "sanctuaries," or places to which the deer may +resort to escape the huntsman. We are told that when they are disturbed on +the mountains, they at once make for the protected area, where they know +they are safe from pursuit. The Debateable land constituted for +generations just such a "sanctuary," or place of refuge for Border +thieves. Here they were comparatively safe. The district formed a little +kingdom by itself. Within this region the law was comparatively powerless. + +But we find that the "Liddesdale limmers" were occasionally driven to bay +in the most effectual manner. Sir Robert Cary on one occasion gave them a +salutary lesson, which they did not soon forget. The Armstrongs +especially, a powerful and turbulent clan, had long carried things with a +high hand on the English Border, burning, despoiling, and slaying to their +hearts' content. This state of matters had at last become intolerable, and +Cary determined to have it out with them. He called the gentlemen of the +neighbourhood together, and acquainted them with the miseries which had +been brought upon the people by the rapacity and cruelty of the +Liddesdale thieves. They advised him to apply to the Queen and Council for +assistance, but this he was unwilling to do, as he thought he was quite +able, with the resources at his command, to effectually suppress the +lawless horde which had wrought such havoc within his wardenry. He +says:--"I told them my intention what I meant to do, which was, 'that +myself, with my two deputies, and the forty horse that I was allowed, +would, with what speed we could, make ourselves ready to go up to the +wastes, and there we would entrench ourselves, and lie as near as we could +to the outlaws; and, if there were any brave spirits among them, that +would go with us, they should be very welcome, and fare and lie as well as +myself: and I did not doubt before the summer ended to do something that +should abate the pride of these outlaws.'" With this comparatively small +force he set out for Liddesdale. He built a fort on a hill in the +immediate vicinity of Tarras moss, into which the thieves, when they +learned of his approach, had fled for refuge. Here Cary and his men stayed +from the middle of June till near the end of August. The country people +supplied him with provisions, being well paid for anything they brought to +him. "The chief outlaws," he says, "at our coming, fled their houses where +they dwelt, and betook themselves to a large and great forest, (with all +their goods,) which was called the Tarras. It was of that strength, and +so surrounded with bog and marsh grounds, and thick bushes and shrubs, as +they feared not the force nor power of England or Scotland, so long as +they were there. They sent me word, that I was like the first puff of a +haggis, hottest at the first, and bade me stay there as long as the +weather would give me leave. They would stay in the Tarras-wood, till I +was weary of lying in the waste; and when I had had my time, and they no +whit the worse, they would play their parts, which should keep me waking +next winter. Those gentlemen of the country that came not with me, were of +the same mind; for they knew, (or thought at least,) that my force was not +sufficient to withstand the fury of the outlaws. The time I stayed at the +fort I was not idle, but cast, by all means I could, how to take them in +the great strength they were in. I found a means to send a hundred and +fifty horsemen into Scotland, (conveighed by a muffled man, not known to +any of the company,) thirty miles within Scotland; and the business was so +carried, that none in the country took any alarm at this passage. They +were quietly brought to the backside of the Tarras, to Scotland-ward. +There they divided themselves into three parts, and took up three passages +which the outlaws made themselves secure of, if from England side they +should at any time be put at. They had their scouts on the tops of hills, +on the English side, to give them warning if at any time any power of men +should come to surprise them. The three ambushes were safely laid, without +being discovered, and, about four o'clock in the morning, there were three +hundred horse, and a thousand foot, that came directly to the place where +the scouts lay. They gave the alarm; our men broke down as fast as they +could into the wood. The outlaws thought themselves safe, assuring +themselves at any time to escape; but they were so strongly set upon on +the English side, as they were forced to leave their goods, and to betake +themselves to their passages towards Scotland. There was presently five +taken of the principal of them. The rest, seeing themselves, as they +thought, betrayed, retired into the thick woods and bogs, that our men +durst not follow them, for fear of losing themselves. The principal of the +five, that were taken, were two of the eldest sons of Sim of Whittram. +These five they brought me to the fort, and a number of goods, both of +sheep and kine, which satisfied most part of the country, that they had +stolen them from.... + +Thus God blessed me in bringing this great trouble to so quiet an end; we +broke up our fort, and every man retired to his own house."[75] + +Judging from this account, one is led to suppose that the force which Cary +had at his command was comparatively small. He tells us that he took a +list of those that offered to go with him, and found that with his +officers, gentlemen, and servants there would be about two hundred good +men and horse; a competent number he thought for such a service. But we +find in a letter which he sent to Cecil that he speaks of having "a 1000 +horse and foot."[76] But whatever may have been the strength of the forces +at his command, it is quite certain that, on this occasion at least, he +proved himself more than a match for the "Lewd Liddesdales." + +The tradition of this famous raid, which was long preserved in the +district, differs considerably from the account here given. "The people of +Liddesdale have retained," says the editor of the "Border Minstrelsy," +"the remembrance of _Cary's raid_," as they call it. "They tell that, +while he was besieging the outlaws in the Tarras, they contrived, by ways +known only to themselves, to send a party into England, who plundered the +warden's lands. On their return, they sent Cary one of his own cows, +telling him that, fearing he might fall short of provisions during his +visit to Scotland, they had taken the precaution of sending him some +English beef." + +The anecdote is worth preserving, as it indicates how anxious the +Liddesdale reivers were to forget one of the most unpleasant episodes in +their history, or at least to make their discomfiture appear in as +favourable a light as possible. + + + + +X. + +AFTER THE HUNTING. + + "_Efter the hunting the King hanged Johnie Armstrong._" + + PITSCOTTIE. + + + "Here is ane cord baith grit and lang, + Quhilk hangit Johne Armstrang, + Of gude hempt soft and sound, + Gude haly pepil, I stand ford, + Whaevir beis hangit wi' this cord, + Neidis never to be drowned!" + + SIR DAVID LINDSAY. + + +We have already seen that the Armstrongs were a numerous and powerful +clan, and that for a considerable period they had been known on the +Borders as "notour thieves and limmers." They levied blackmail over a wide +district, and appropriated whatever came readiest to hand with a sublime +indifference either to neighbourhood or nationality. + + "They stole the beeves that made them broth + From Scotland and from England both." + + +King James V. having succeeded in shaking himself free from the tyranny of +the Douglasses, resolved that he would "daunton" the Border thieves, by +making them feel the weight of his sword. He made an excellent beginning. +He imprisoned the Earls of Bothwell and Home, Lord Maxwell Scott, Ker of +Ferniherst, Scott of Buccleuch, Polworth, Johnston, and Mark Ker.[77] It +must have been quite evident to the young King, and his counsellors, that +so long as these Chiefs were at liberty it would be a bootless errand to +proceed against those who owned them allegiance. The ringleaders must +first of all be disposed of, and so they were put in ward, there to await +his Majesty's pleasure. This measure was not devised, as some suppose, for +the purpose of crushing the nobility. It is absurd to infer that James, a +youth of seventeen, had projected a deep political plan of this nature. +The outrages which these men had committed during his minority had excited +his lively resentment, and he was determined that they should no longer +maintain bands of lawless followers at the public expense. This necessary +measure for the pacification of the Borders was wisely devised, and +promptly executed, and must have produced a deep impression, if not a +wholesome fear, in the minds of those whom it was intended to influence. + +It was in the month of June, 1529, that James set out for Meggatdale, +accompanied by eight thousand men, lords, barons, freeholders, and +gentlemen, all well armed, and carrying with them a month's provisions. +The King commanded all gentlemen that had "doggis that were guid" to +bring them with them to hunt "in the said bounds." The Earls of Huntley, +Argyle, and Athol, brought their deerhounds with them, and hunted with his +Majesty. They came to Meggat, near St. Mary's Loch, and, during their +short stay in this district, eighteen score of deer were slain. + +The tradition is that on this occasion the King captured William Cockburn +of Henderland, a famous freebooter, and hanged him over his own gate. It +is quite certain, however, that in regard to this matter the tradition is +unreliable. In "Pitcairn's Criminal Trials" we find it stated, under date +May 26th--nearly a month before the King left Edinburgh--that "William +Cockburne of Henderland was convicted (in presence of the King) of High +Treason committed by him, in bringing Alexander Forrestare and his son, +Englishmen, to the plundering of Archibald Somervile: And for treasonably +bringing certain Englishmen to the lands of Glenquhome: And for Common +Theft, Common Reset of Theft, outputting and inputting thereof.--Sentence. +For which causes and crimes he has forfeited his life, lands, and goods, +moveable and immoveable, which shall be escheated to the +King.--Beheaded."[78] Such is the brief but authentic record. It +establishes beyond controversy the fact that Cockburn was apprehended, and +tried, before the King had left Edinburgh on his famous expedition. The +tradition that he was hanged over his own gate, must therefore be set +aside. + +The Cockburns were an old and well-known family. One of the Scotts of +Buccleuch married a daughter of the house, which, on the principle of +heredity, may help to explain the well-known reiving propensities of some +branches of this famous clan. In "Pitcairn's Criminal Trials," where so +much of the ancient history of the great Border families may be read, if +not with pleasure, at least not without profit, mention is made of various +Cockburns who distinguished themselves as daring and successful +freebooters. In the old churchyard of Henderland there is still to be seen +a large slab bearing the inscription--"Here lyis Perys of Cockburne and +Hys wife Marjory." There is no date on the tombstone, but the likelihood +is that this "Perys of Cockburne" was a descendant of the William Cockburn +whose fate we have just mentioned. + +But the most interesting tradition in connection with this family relates +to the well-known ballad, "The Border Widow's Lament," one of the most +beautiful, and certainly the most pathetic, of all the Border ballads. It +has been supposed to describe the feelings of Cockburn's widow when her +husband was put to death by the King. + + "My love he built me a bonnie bower, + And clad it a' wi' lilye flour, + A brawer bower ye ne'er did see, + Than my true love he built for me. + + There came a man, by middle day, + He spied his sport, and went away; + And brought the King that very night, + Who brake my bower, and slew my knight. + + He slew my knight, to me sae dear; + He slew my knight, and poin'd his gear; + My servants all for life did flee, + And left me in extremitie. + + I sew'd his sheet, making my mane; + I watch'd the corpse, myself alane; + I watch'd his body, night and day; + No living creature came that way. + + I took his body on my back, + And whiles I gaed, and whiles I sat; + I digg'd a grave, and laid him in, + And happ'd him with the sod sae green. + + But think na ye my heart was sair, + When I laid the moul' on his yellow hair; + O think na ye my heart was wae, + When I turned about, awa' to gae? + + Nae living man I'll love again, + Since that my lovely knight is slain; + Wi' yae lock o' his yellow hair, + I'll chain my heart for evermair." + + +This exquisite ballad has probably no connection with Cockburn of +Henderland,--we feel strongly convinced it has not,--but it is none the +less interesting, as it is a composition which can well afford to be +regarded apart altogether from its traditional associations. + +There is another tradition which it may be as well to notice in passing. +It is said that, after hanging Cockburn, the King proceeded to Tushielaw +to deal in like manner with Adam Scott, well known on the Borders as "The +King of Thieves." His castle stood on the spur of a hill opposite the +Rankleburn, on the west side of the river Ettrick, commanding a wide +out-look in almost every direction. Near it was the famous "Hanging Tree," +which was accidentally destroyed by fire only a few years ago, where the +unlucky captives of this noted outlaw were unceremoniously suspended in +order to prevent their giving further annoyance. It is said that, on one +of the branches, a deep groove was worn by the swaying to and fro of the +fatal rope. It would have been most fitting had this cruel marauder been +put to death where so many of his victims ended their career. But in this +instance the tradition, that this actually happened, has been proved to be +without any foundation in fact. We find in "Pitcairn" an account of Adam +Scott's trial and execution in Edinburgh. On the 18th May, 1529--just two +days after Cockburn had "justified the law"--"Adam Scott of Tuschilaw was +Convicted of art and part of theftuously taking _Black-maill_, from the +time of his entry within the Castle of Edinburgh, in Ward, from John +Brown, Hoprow: And of art and part of theftuously taking _Black-maill_ +from Andrew Thorbrand and William, his brother: And of art and part of +theftuously taking of _Black-maill_ from the poor Tenants of Hopcailzow: +And of art and part of theftuously taking _Blackmaill_, from the poor +Tenants of Eschescheill." Then follows the significant +word--"Beheaded."[79] + +The King, therefore, when he passed the castle of Tushielaw with his +retinue, on his way to Teviotdale to meet Johnie Armstrong, must have had +the satisfaction of knowing that Adam Scott had gone "where the wicked +cease from troubling." + +He had sent a loving letter, written with "his ain hand sae tenderly," to +the laird of Gilnockie, requesting him to meet his "liege lord" at a place +called Carlenrig on the Teviot, some nine miles above Hawick. Various +accounts have been given by historians, both ancient and modern, as to the +means adopted by the King to bring about Armstrong's capture and +execution. Leslie, for example, informs us that "all this summer the King +took great care to pacify the Borders with a great army, and caused +forty-eight of the most noble thieves, with Johnie Armstrong, their +captain, to be taken and hanged on growing trees." He says that "George +Armstrong, brother of the said Johnie, was pardoned and reserved alive, +_to tell on the rest_, which he did, and in course of time they were +apprehended by the King, and punished according to their deserts."[80] +Pinkerton, who evidently bases his account largely on the information +supplied by Leslie, enters more fully into particulars. He alleges that +"by the assistance of George, his brother, who was pardoned on condition +of betraying the others, John Armstrong, the chief of the name, whose +robberies had elevated him to opulence and power, was captured and +suffered the fate of a felon."[81] These statements, definite though they +are, ought not to be lightly accepted, as the strongest reasons may be +advanced against this supposition. In the first place, we ought to +remember that, however many sins and shortcomings the Border reivers may +be accused of, breach of faith can hardly be reckoned one of them. +"Hector's Cloak" was a phrase of peculiar opprobrium. It was regarded as +the symbol of meanness and perfidy. That this one instance of betrayal +should have been so long remembered, and so thoroughly detested, is an +unmistakable indication that the Border thieves, bad as they were in many +respects, were not without a high sense of honour in matters of this kind. +It is hardly conceivable, therefore, that Armstrong's brother could have +been guilty of his betrayal. Strong proof would require to be forthcoming +in support of such a statement; and this is precisely what the historians +do not give us. + +But there are other and more cogent arguments against this view. George +Armstrong was under no necessity of betraying his brother in order to save +himself. He could easily have escaped had he been minded to do so. The +King's authority did not extend beyond the Scottish Border. It is morally +certain, had Armstrong and his friends ever suspected that James would +have treated them as he did, they would either have taken refuge in their +own strongholds and defied him, or crossed the Border into England, where +they would have been comparatively safe from pursuit. That they did +neither, but voluntarily came before the King, is strong evidence in +favour of the supposition that they were enticed by fair promises to place +themselves within his power. The very fact that Armstrong neither sought +nor obtained a safe conduct goes to prove that he had the most implicit +confidence in the clemency, if not the goodwill, of his sovereign. There +was no betrayal on the part of anyone, save the King himself. This is +clearly brought to view in the peculiarly graphic and fascinating account +which "Pitscottie" has given of this memorable incident. He says:--"Efter +this hunting the King hanged Johnie Armstrong, laird of Gilnockie, quhilk +monie Scottis man heavilie lamented, for he was ane doubtit man, and als +guid are chiftane as ever was upon the borderis, aither of Scotland or of +England. And albeit he was ane lous leivand man, and sustained the number +of xxiiij. weill horsed able gentlemen with him, yitt he nevir molested no +Scottis man. Bot it is said, from the Scottis border to Newcastle of +England, thair was not ane of quhatsoevir estate bot payed to this John +Armstrong ane tribut to be frie of his cumber, he was sae doubtit in +England. So when he entred in befoir the King, he cam verie reverentlie, +with his foresaid number verie richlie apparrelled, trusting, that in +respect he had cum to the Kingis grace willinglie and voluntarilie, not +being tain nor apprehendit be the King, he sould obtaine the mair favour. +Bot when the King saw him and his men so gorgeous in their apparrell, and +so many braw men under ane tirrantis commandement, throwardlie, he turned +about his face, and bad tak that tirrant out of his sight, saying, 'Quhat +wantis yon knave that a King should have.' But when Johnie Armstronge +perceaved that the King kindled in ane furie againes him, and had no hope +of his lyff, notwithstanding of many great and fair offeris, quhilk he +offerred to the King, that is, that he sould sustene himself with fourtie +gentlemen, ever readie to awaitt upon his majestie's service, and never +tak a pennie of Scotland, nor Scottis man. Secondlie, that there was not +ane subject in England, duik, earle, lorde, or barrun, bot within ane +certane day he sould bring ony of them to his majesty, either quick or +dead. He seing no hope of the Kingis favour towards him, said verrie +proudlie, 'I am bot ane fooll to seik grace at ane graceles face. But had +I knawin, sir, that ye wad have taken my lyff this day, I sould have leved +upon the borderis in disphyte of King Harie and yow baith; for I knaw King +Harie wold doun weigh my best hors with gold to knaw that I were +condemned to die this day.' So he was led to the scaffold, and he and his +men hanged. This being done, the King returned to Edinburgh, the xxiiij. +day of July, and remained meikle of that winter in Edinburgh."[82] + +This interesting and picturesque account is corroborated by another +historian, who says: "On the eighth of June the principalls of all the +surnames of the clannes on the Borders came to the King upon hope of a +proclamation proclaimed in the King's name that they sould all get their +lyves, if they would come in and submit themselves to the King's will, and +so upon this hope Johnie Armstrang, who keipit the castle of Langhame (a +brother of the laird of Mangerton's, a great thieff and oppressor, and one +that keiped still with him four-and-twenty well-horsed men), came to the +King, and another called Ill Will Armstrong, another stark thieff, with +sundrie of the Scotts and Elliotts, came all forward to the campe where +the King was in hopes to get their pardons. But no sooner did the King +persave them, an that they were cum afarre off, when direction was given +presentlie to enclose them round about, the which was done accordinglie, +and were all apprehendit, to the number of threttie fyve persons, and at a +place called Carlaverocke[83] Cheapell, were all committed to the +gallowes. One Sandy Scot, a prowd thieff, was brunt because it was provin +that he haid brunt a pure widowes house, together with sum of her +children. The English people were exceeding glade when they understood +that John Armstrang was executed, for he did great robberies and stealing +in England, menteaning 24 men in houshold evorie day upon rieff and +oppression. The rest delyvered pledges for their good demeanare in tymes +to cum."[84] + +There can be little doubt that Armstrong was cruelly betrayed, not by his +brother, but by the King--a circumstance which seriously reflects on his +honour and good name. + +The suggestion has been made that this expedition against the laird of +Gilnockie was undertaken by James at the instigation of Lord Maxwell, who +was then a ward in Edinburgh. It is certainly a somewhat suspicious +circumstance that three days after Armstrong's execution Maxwell received +from the King the gift of all the property, moveable and immoveable, which +pertained to "umquhill Johne Armstrang, bruther to Thomas Armstrang of +Mayngerton, and now perteining to our souverane lord be reason of eschete +throw justefying of the said umquhill Johnie to the deid for thift +committed be him."[85] + +As might be expected, when all the circumstances were taken into +consideration, the execution of Armstrong and his followers produced a +profound sensation, and a deep and bitter feeling of resentment. It was +long believed by the peasantry of the district that, to mark the injustice +of the deed, the trees on which they were hanged, withered away. On purely +abstract grounds it may be argued that Armstrong and his men richly +deserved the punishment meted out to them, but this fact does not +exonerate the King from the charge of treachery and deceit which has +justly been brought against him. The measures he adopted to capture the +quarry were unworthy of a puissant monarch with eight thousand well armed +men under his command. He might well have paid more respect to the +principles of honour and fair play. + +It is interesting to find that the version of Armstrong's capture and +execution given in the famous ballad agrees substantially with the +accounts of Pitscottie and Anderson. There, we are told, that the King +sent a "loving letter" to Armstrong, inviting him to a conference. + + The King he wrytes a luving letter, + With his ain hand sae tenderly, + And he hath sent it to Johnie Armstrang, + To cum and speik with him speedily. + + +This communication evidently excited no suspicion, and extensive +preparations were at once made to extend to his Majesty a kind and hearty +welcome. It was even hoped that he might be induced to dine at Gilnockie! + + The Eliots and Armstrangs did convene; + They were a gallant cumpanie-- + "We'll ride and meet our lawful King, + And bring him safe to Gilnockie. + + "Make kinnen[86] and capon ready, then, + And venison in great plentie; + We'll welcum here our royal King; + I hope he'll dine at Gilnockie!" + + They ran their horse on the Langholme howm, + And brak their spears wi' mickle main; + The ladies lukit frae their lofty windows-- + "God bring our men weel hame again!" + + When Johnie cam before the King, + Wi' a' his men sae brave to see, + The King he movit his bonnet to him; + He ween'd he was a King as well as he. + +According to the balladist, it would seem that Armstrong's ruin was +brought about by the princely style in which he appeared before his +sovereign. The King, highly displeased, turned away his head, and +exclaimed-- + + "Away, away, thou traitor strang! + Out o' my sight soon mayst thou be! + I grantit never a traitor's life, + And now I'll not begin wi' thee." + +This unexpected outburst of indignation led Armstrong at once to realise +the perilous position in which he found himself placed. He now felt that, +if his life was to be spared, he must use every means in his power to +move the King to clemency. Consequently he promised to give him +"four-and-twenty milk white steeds," with as much good English gold "as +four of their braid backs dow[87] bear;" "four-and-twenty ganging mills," +and "four-and-twenty sisters' sons" to fight for him; but all these +tempting offers were refused with disdain. As a last resource, he said-- + + "Grant me my life, my liege, my King! + And a brave gift I'll gie to thee-- + All between here and Newcastle town + Sall pay their yeirly rent to thee." + +This was no idle boast. So powerful had Armstrong become that, it is said, +he levied black-mail--(which is only another form of the word +"_black-meal_," so-called from the conditions under which it was +exacted)--over the greater part of Northumberland. But even the prospect +of increasing his revenue by accepting this tribute was not sufficient to +turn the King aside from his purpose. He was bent on Armstrong's +destruction, a fact which now became painfully evident to the eloquent and +generous suppliant. Enraged at the baseness of the King, he turned upon +him and gave vent to the pent up feelings of his heart-- + + "Ye lied, ye lied, now King," he says, + "Altho' a King and Prince ye be! + For I've luved naething in my life, + I weel dare say it, but honesty-- + + "Save a fat horse, and fair woman, + Twa bonny dogs to kill a deir, + But England suld have found me meal and mault, + Gif I had lived this hundred yeir! + + "She suld have found me meal and mault, + And beef and mutton in a' plentie; + But never a Scots wyfe could have said, + That e'er I skaith'd her a puir flee. + + "To seik het water beneith cauld ice, + Surely it is a greit folie-- + I have asked grace at a graceless face, + But there is nane for my men and me![88] + + "But had I kenn'd ere I cam frae hame, + How thou unkind wadst been to me! + I wad have keepit the Border side, + In spite of all thy force and thee. + + "Wist England's King that I was ta'en, + O gin a blythe man he wad be! + For anes I slew his sister's son, + And on his briest bane brak a trie." + +The balladist then proceeds to give a minute description of the dress worn +by the redoubtable freebooter on this occasion--of his girdle, embroidered +and bespangled with gold, and his hat, with its nine targets or tassels, +each worth three hundred pounds. All that he needed to make him a king was +"the sword of honour and the crown." But nothing can now avail. + + "Farewell! my bonny Gilnock hall, + Where on Esk side thou standest stout! + Gif I had lived but seven yeirs mair, + I wad hae gilt thee round about." + + John murdered was at Carlinrigg, + And all his gallant companie; + But Scotland's heart was ne'er sae wae, + To see sae mony brave men die. + + +It was a foul deed, foully done. The King was no doubt determined, as it +is said, to "make the rush bush keep the cow," and perhaps to a certain +extent he succeeded, as some time after this, Andrew Bell kept ten +thousand sheep in Ettrick Forest, and they were as safe as if they had +been pasturing in Fife or the Lothians. But the murder of Armstrong in no +way daunted the other members of that notable clan. Many of them took +refuge on the English side of the Border, and for years waged a successful +predatory warfare against their _quondam_ Scottish neighbours. In 1535, +for example, we find that "Christopher Armstrong, Archibald his son, +Ingram Armstrong, Railtoun, Robert and Archibald Armstrong there, John +Elwald, called _Lewis John_, William, son of Alexander Elwald, and Robert +Carutheris, servants to the laird of Mangerton; John Forrestare, called +_Schaikbuklar_, Ninian Gray his servant, Thomas Armstrong in Greneschelis, +_Lang Penman_, servant of one called _Dikkis Will_. Thomas Armstrong of +Mangerton, and Symeon Armstrong, called _Sim the Larde_" and several +others, were denounced rebels, and their whole goods escheated for not +underlying the law for having stolen from John Cockburn of Ormiston +seventy "drawand oxen" and thirty cows; and for art and part of +traitorously taking and carrying off three men-servants of the said John, +being the keepers of the said castle, and "detaining them against their +will for a certain space;" and further "for art and part of the Stouthreif +from them of their clothes, whingars, purses and certain money +therein."[89] Indeed the depredations of the clan after the execution of +Gilnockie were on the most extensive scale. On the 21st February, 1536, +Symon Armstrong was "convicted of art and part of the theft and +concealment of two oxen from the laird of Ormistone, furth of the lands of +Craik, and a black mare from Robert Scott of Howpaslot, furth of the lands +of Wolcleuche; committed during the time he was in the King's ward, about +Lammas 1535. _Item_, of art and part of the theft and concealment of five +score of cows and oxen from the said laird of Ormistone, stolen furth of +the said lands of Craik; committed by _Evil-willit Sandie_, and his +accomplices, in company with Thomas Armstrong, _alias Greneschelis_, and +Robert Carutheris, servants of the said Symon, and certain Englishmen, at +his command, common Thieves and Traitors, on July 27, 1535. _Item_, of art +and part of the traitorous _Fire-raising_ and _Burning of the Town of +Howpaslot_; And of art and part of the Theft and Concealment the same time +of sixty cows and oxen belonging to Robert Scott of Howpaslot and his +servants; committed by Alexander Armstrong, in company with Robert +Henderson, _alias Cheyswame_,[90] Thomas Armstrong, _alias_ Grenescheles, +his servants, and their accomplices, common Thieves and Traitors, of his +causing and assistance, during the time he was within the King's ward, +upon October 28, 1535. _Item_, of art and part of the theft and +concealment of certain sheep from John Hope and John Hall, the King's +shepherds, furth of the lands of Braidlee in the Forest; committed during +the time he was within the said ward. _Item_, for art and part of the +treasonable assistance given to Alexander Armestrang, called _Evil-willit +Sandy_, a sworn Englishman, and sundry other Englishmen his accomplices, +of the names of Armestrangis, Niksounis, and Crosaris, in their +treasonable acts. SENTENCE--To be drawn to the gallows and HANGED +thereupon: And that he shall forfeit his life, lands, possessions, and all +his goods, moveable and immoveable, to the King, to be disposed of at his +pleasure."[91] In the following month John Armstrong, _alias Jony of +Gutterholes_, and Christopher Henderson were hanged for "Common Herschip +and Stouthreif, Murder and Fire-raising." These items give but a faint +idea of the extent to which the Armstrongs carried on their depredations. + +But, perhaps, a still more serious result of the unwise policy adopted by +James in his treatment of the Armstrongs, was the destruction of that +feeling of loyalty to the Scottish Crown, which had hitherto been, in some +measure at least, a characteristic of the Borderers. Henceforth not only +the Armstrongs, but many others besides, were ready to place their arms +and their lives at the service of the English government, and to take part +with their ancient foes in oppressing and despoiling their own countrymen. +In the battle of Ancrum Moor in 1546, there was a considerable contingent +of Scottish Borderers fighting under the standard of Lord Eure, and it was +only after the tide of war had turned in favour of the Scots that they +threw away the badge of foreign servitude and helped to complete the +victory. It maybe said that in acting thus they were moved simply by +considerations of personal advantage. Be this as it may, the incident +clearly shows that their attachment to King and country had been all but +completely destroyed. Had James acted with ordinary discretion and +foresight he might at once have secured the end he had in view, and at the +same time have won over to his side, and to the side of law and order, a +body of men whose crimes were due rather to the peculiarity of their +circumstances than to their own inherently evil dispositions. He had a +great opportunity, but he failed conspicuously to take advantage of it. He +learned, when it was too late, that force, when not wisely applied, may +produce greater evils than those it seeks to remedy. + + + + +XI. + +THE CORBIE'S NEST. + + "Where are ye gaun, ye mason lads, + Wi' a' your ladders, lang and hie?" + "We gang to berry a corbie's nest + That wons not far frae Woodhouselee." + + KINMONT WILLIE. + + +The incidents in the predatory warfare so long carried on by the dwellers +on both sides of the Border were not all of a painful or tragic character. +The spirit of fun sometimes predominated over the more selfish and +aggressive instincts. There was a grim kind of humour characteristic of +the Border reiver. He certainly was not disposed to laugh on the slightest +provocation,--his calling was much too serious for that,--but when he once +relaxed, his mirth was not easily controlled. And, however degrading his +occupation may have been in its general tendency, there was often +displayed among the Border thieves, even among the very worst of them, a +spirit of the most splendid heroism, which helps to redeem the system from +the general contempt in which it is regarded by the moralist of modern +times. Many of the leaders were not only men of undaunted courage, but of +considerable military genius. In a later age, under other and happier +conditions, they would have won renown on many a well-fought battlefield. +They possessed the qualities, physical and moral, of which great soldiers +are made. The Bold Buccleuch, Little Jock Elliot, Johnie Armstrong of +Gilnockie, and his kinsman, Willie of Kinmont--not to mention other names +which readily occur to the mind in this connection--were men dowered by +nature with great courage and resource. They were strong of arm and +dauntless of heart. We do not seek to justify their deeds. These were +reprehensible enough, judged by almost any standard you may apply to them. +But just as some people find it impossible to smother a certain sneaking +kind of admiration of the Devil, so magnificently delineated in Milton's +"Paradise Lost"--a being who seems possessed of almost every quality save +that of consecrating his varied endowment to worthy ends--so in like +manner it is difficult to withhold a certain meed of admiration for some +of the "nobil thieves" whose names stand out prominently in, if they +cannot always be said to adorn, this long chapter of Border history. They +were undoubtedly men of ability, energy, and force of character, who would +have won their spurs in almost any contest into which they had chosen to +enter. + +One of the most notable of this band was the famous Kinmont Willie, +renowned in Border song and story. He was an Armstrong, a descendant of +the laird of Gilnockie, whom James VI. put to death at Carlinrig in such +graceless fashion. He, like all his race, was a notorious freebooter. The +English Border, more especially the West and Middle Marches, suffered much +at his hands. He had a large and well armed following, and conducted his +marauding expeditions with an intrepidity and skill which created a +feeling of dismay among the subjects of his oppression. Nor did it matter +much to him where, or on whom, he raided. The King's treachery at +Carlinrig had destroyed--at least so far as the Armstrongs and their +friends were concerned--the last lingering spark of patriotism. Their hand +was now turned against every man, English and Scottish alike. They had +become pariahs, outcasts, whose only ambition was revenge. But bad as +Kinmont was, and his record is of the worst, it might be said of him, as +it was said of one of the greatest and best men Scotland has ever +produced, that "he never feared the face of man." He was always to the +front, dealing out hard blows; courting danger, but never dreaming of +defeat. He cared as little for the warden as for the meanest and most +defenceless subject of the realm. Scrope tells us, for example, that on +one occasion "certain goods were stolen by Scottish men from one of the +Johnstones, a kinsman of the laird Johnstone being warden, whereupon the +fray arose, and the warden himself, with his company and friends, pursued +the same. But Kinmont and his complices being in the way to resist them, +the warden and his company returned again to Annand, the which he taketh +in very yll parts."[92] + +It was no doubt a sore point with the warden that he should be thus +interfered with in this masterful fashion, and one can readily sympathise +with him in his chagrin. Such an incident shows that Kinmont and his +friends were in a position to set the constituted authorities at defiance, +and conduct their reiving "without let or hindrance." The warden, however, +was not altogether free from blame for this state of matters. He seems to +have given the thieves every encouragement as long as they confined their +depredations to the English Border. Scrope, in a letter to Walsingham, +informs him that "as well in the tyme of my being with you, as also synce +my return home, manye and almost nightlie attemptates have been committed +in Bewcastle and elsewhere within this wardenrie, as well by the +Liddesdales as also by the West Wardenrie of Scotland, specially Kinmont, +his sonnes and complices; who ... are nevertheless at their pleasure +conversaunte and in company with the warden, and no part reprehended for +their doynges." Hunsdon, another English warden, even goes the length of +suggesting that the King himself (James VI.) privately encouraged Kinmont +in his evil doing. He says that four hundred horse came to "Hawden +brigges," and took up the town and burned divers houses, whereat the King +was very angry, "because it was done there--for he would have had it to be +done in some part of my wardenry. Since the taking up of Hawden brigg, +Will of Kinmont, who was the principal man who was at it, hath been with +the King in his cabinet above an hour, and at his departure the King gave +him 100 crowns, as littell as he hath. What justis wee are to looke for +att the King's hands lett her Majestie judge!"[93] + +Thus encouraged by the warden and the King, it is not to be wondered at +that Kinmont should have thrown himself with great enthusiasm into the +work of harassing and plundering all who came within his power. + +But his name might have remained in comparative obscurity, notwithstanding +his depredations, had it not been for an extraordinary incident which +occurred, and for which he was in no way directly responsible. + +The dramatist has said that some men are born great, and that others have +greatness thrust upon them. We are not prepared to say that only the +latter part of the statement applies to the subject of our sketch, for, +despite his evil-doing, Kinmont was a man of much natural ability--ability +amounting almost to genius. But that he had "greatness thrust upon him" +will be readily conceded. His name will always remain associated with one +of the most thrilling incidents in Border history. The circumstance which +made him famous was this. He had been present at Dayholm, near +Kershopefoot, on the occasion of a day of truce, in the month of March, in +the year 1596. The business which called them together having been +finished, he was returning home, accompanied by a few of his friends, +along the banks of the Liddle, when he was suddenly attacked by a body of +two hundred English Borderers, led by Salkeld, the deputy of Lord Scrope, +the warden of the East March, chased for some miles, captured, tied to the +body of his horse and thus carried in triumph to Carlisle castle. + + They band his legs beneath the steed, + They tied his hands behind his back; + They guarded him, fivesome on each side, + And they brought him ower the Liddel-rack. + + They led him thro' the Liddel-rack, + And also through the Carlisle sands; + They brought him to Carlisle castell, + To be at my Lord Scrope's commands. + +This proceeding was clearly in direct violation of Border law, which +guaranteed freedom from molestation to all who might be present at a +warden court, or day of truce, betwixt sunrise on the one day and sunrise +on the next. We can easily understand the overmastering desire of the +warden's deputy to lay Kinmont "by the heels," as he had long been +notorious for his depredations on the English Border, but it is incumbent +on the representatives of the law that they should honour it in their own +persons, and, however many crimes might be laid to the charge of the +famous freebooter, he was justly entitled to enjoy the freedom, which a +wise legal provision had secured, even to the greatest offenders. The +excuse given by Scrope for this manifest breach of Border law is an +exceedingly lame one. He says:--"How Kinmont was taken will appear by the +attestations of his takers, which, if true, 'it is held that Kinmont did +thereby break the assurance that daye taken, and for his offences ought to +be delivered to the officer against whom he offended, to be punished +according to discretion.' Another reason for detaining him is his +notorious enmity to this office, and the many outrages lately done by his +followers. He appertains not to Buccleuch, but dwells out of his office, +and was also taken beyond the limits of his charge, so Buccleuch makes the +matter a mere pretext to defer justice, 'and do further indignities.'"[94] + +That Kinmont had broken the assurance taken at the warden court is an +assertion in support of which neither has "takers," nor Scrope give a +scintilla of proof. Had such a thing really happened, there surely would +have been no difficulty in establishing the fact; but this is not done, or +even attempted to be done, by those whose interest it was to prove the +accusation up to the hilt. The other reasons adduced for this +unwarrantable proceeding will not bear serious consideration. That Kinmont +bore no goodwill to Scrope or those associated with him in his office, may +be taken for granted; and that he and his friends and associates had been +guilty of many outrages on the English Border, goes without saying. But a +slight examination of the excuses will be sufficient to show that they are +mere subterfuges. The point in dispute is carefully left out of view by +the English warden. No doubt Kinmont richly deserved to suffer the utmost +penalty of the law on the ground of his misdemeanours; but he had been +present at the warden court, where he would never have gone had he not +felt sure that he was amply protected from arrest by the law to which we +have referred. It may be said that nearly every man present on that +occasion, irrespective of nationality, might have been apprehended on the +same general grounds. To use an expressive Scottish phrase--"they were all +tarred with the same stick." It was therefore a direct violation, not only +of the spirit, but of the letter of Border law, for Salkeld to take +Kinmont prisoner. Scrope was clearly in the wrong--a fact of which he +himself seems dimly conscious--as he displayed an amount of temper and +irritability in dealing with the case which seemed to indicate that he +felt the weakness of his position. On the other hand, the "rank reiver," +who had been thus suddenly and unceremoniously "clapped in jail," accepted +the situation with a singular amount of philosophical indifference. He +felt sure that the deed would not go unavenged, that his friends, and he +had many of them, would leave no stone unturned in order to effect his +release. The balladist finely represents him as saying-- + + My hands are tied, but my tongue is free, + And whae will dare this deed avow? + Or answer by the Border law? + Or answer to the bold Buccleuch? + + "Now haud thy tongue, thou rank reiver! + There's never a Scot shall set thee free; + Before ye cross my castle yate, + I vow ye shall take farewell o' me." + + "Fear na ye that, my lord," quo' Willie; + "By the faith o' my body, Lord Scroope," he said, + "I never yet lodged in hostelrie, + But I paid my lawing before I gaed." + +An account of what had happened was speedily conveyed to Branxholme, where +the Bold Buccleuch was residing. When he heard what had occurred he was +highly indignant. The picture drawn by the balladist is graphic in the +extreme. For intense realism it has rarely ever been surpassed-- + + He has ta'en the table wi' his hand, + He garr'd the red wine spring on hie-- + "Now Christ's curse on my head," he said, + But avenged on Lord Scroope I'll be! + + "O is my basnet a widow's curch? + Or my lance a wand o' the willow-tree? + Or my arm a ladye's lilye hand, + That an English lord should lightly me! + + "And have they ta'en him, Kinmont Willie, + Against the truce of Border tide? + And forgotten that the bauld Buccleuch + Is Keeper here on the Scottish side? + + "And have they e'en ta'en him, Kinmont Willie, + Withouten either dread or fear? + And forgotten that the bold Buccleuch + Can back a steed, or shake a spear? + + "O were there war between the lands, + As well I wot that there is none, + I would slight Carlisle castell high, + Though it were builded of marble stone. + + "I would set that castell in a low, + And sloken it with English blood! + There's never a man in Cumberland, + Should ken where Carlisle castell stood. + + "But since nae war's between the lands, + And there is peace, and peace should be; + I'll neither harm English lad or lass, + And yet the Kinmont freed shall be!" + +Before resorting to extreme measures Buccleuch did everything in his power +to bring about an amicable settlement of the case. He first of all applied +to Salkeld for redress; but Salkeld could only refer him to Lord Scrope, +who declared that Kinmont was such a notorious malefactor that he could +not release him without the express command of Queen Elizabeth. Buccleuch +then brought the matter under the consideration of James, who made an +application through an ambassador, for Kinmont's release; but this also +proved unavailing. + +It looked as if the imprisoned freebooter was likely to pay his "lodging +mail" in a very unpleasant fashion. The English government seemed +determined to detain him until such times as they could conveniently put a +period to his career by hanging him on Haribee hill. But Buccleuch, while +anxious to effect his purpose, if possible by constitutional means, was +determined that Kinmont should be rescued, whatever might be the method he +was under the necessity of adopting. To accomplish his purpose he was +prepared to "set the castle in a low, and sloken it with English blood." +This threat was regarded as a mere piece of bravado. The castle was +strongly garrisoned and well fortified. It was in the centre of a populous +and hostile city, and under the command of Scrope, who was regarded as one +of the bravest soldiers in England. The Bold Buccleuch, however, was not +easily daunted. He had a strong arm and a brave heart, and he knew that he +could summon to his aid a small band of followers as brave and resolute as +himself. On a dark tempestuous night, two hundred of his bravest followers +met him at the tower of Morton, a fortalice in the Debatable land, on the +water of Sark, some ten miles or so from Carlisle. Their plans had been +carefully considered and determined upon a day or two before, when they +had met at a horse race near Langholm. The Armstrongs, of course, were +ready to adventure their lives in such a laudable undertaking, and the +Græmes, to whom Will of Kinmont was related by marriage, were also forward +with promises of assistance. They were all well mounted-- + + With spur on heel, and splent on spauld, + And gleuves of green, and feathers blue-- + +and carried with them scaling ladders and crowbars, hand-picks and axes, +prepared to take the castle by storm. The rain had been falling heavily, +and the Esk and the Eden were in roaring flood, but boldly plunging +through their turbid waters they soon came within sight of the "Corbie's +Nest" which they had come to "herry," and-- + + The first o' men that we met wi', + Whae sould it be but fause Sakelde? + + "Where be ye gaun, ye hunters keen?" + Quo' fause Sakelde; "Come tell to me?" + "We go to hunt an English stag, + Has trespass'd on the Scots countrie." + + "Where be ye gaun, ye marshall men?" + Quo' fause Sakelde; "Come tell me true!" + "We go to catch a rank reiver, + Has broken faith wi' the bauld Buccleuch." + +But the troublesome questions of the "fause Sakelde" were speedily cut +short by the lance of Dickie of Dryhope, who led the band-- + + Then nevir a word had Dickie to say, + Sae he thrust the lance through his fause bodie. + +The way was now clear for the advance upon the castle. Everything seemed +favourable to the success of their hazardous undertaking. The heavens were +black as pitch, the thunder rolled loud and long, and the rain descended +in torrents-- + + "But 'twas wind and weet, and fire and sleet, + When we came beneath the castle wa'." + +When Buccleuch and his men reached the castle they were dismayed to find +that the ladders they had brought with them were too short; but finding a +postern they undermined it, and soon made a breach big enough for a +soldier to pass through. "In this way a dozen stout fellows passed into +the outer court (Buccleuch himself being fifth man who entered,) disarmed +and bound the watch, wrenched open the postern from the inside, and thus +admitting their companions, were masters of the place. Twenty-four +troopers now rushed to the castle jail, Buccleuch meantime keeping the +postern, forced the door of the chamber where Kinmont was confined, +carried him off in his irons, and sounding their trumpet, the signal +agreed on, were answered by loud shouts and the trumpet of Buccleuch, +whose troopers filled the base court. All was now terror and confusion, +both in town and castle. The alarum-bell rang and was answered by his +brazen brethren of the cathedral and the town house; the beacon blazed +upon the top of the great tower; and its red, uncertain glare on the +black sky and the shadowy forms and glancing armour of the Borderers, +rather increased the terror and their numbers. None could see their enemy +to tell their real strength."[95] + +The suddenness of the attack and the terrific noise made by Buccleuch and +his troopers as they laid siege to the castle, created confusion and +dismay amongst the defenders of the stronghold. Lord Scrope, with +commendable prudence, kept close within his chamber. He was convinced, as +he afterwards declared, that there were at least five hundred Scots in +possession of the castle. + +Kinmont, as he was borne triumphantly forth on the broad shoulders of Red +Rowan, shouted a lusty "good night," to his bewildered lordship. + + Then Red Rowan has hente him up + The starkest man in Teviotdale-- + "Abide, abide now, Red Rowan, + Till of my Lord Scroope I take farewell." + + "Farewell, farewell, my gude Lord Scroope! + My gude Lord Scroope, farewell he cried-- + I'll pay you for my lodging maill, + When first we meet on the Border side." + + Then shoulder high, with shout and cry, + We bore him down the ladder lang; + At every stride Red Rowan made, + I wot the Kinmont aims play'd clang! + + "O mony a time" quo' Kinmont Willie, + "I've prick'd a horse out oure the furs; + But since the day I back'd a steed, + I never wore sic cumbrous spurs!" + + +Having now successfully accomplished their purpose, Buccleuch and his men +moved off towards the place where they had left their horses, and in a +short time they were safely back on Scottish soil-- + + Buccleuch has turn'd to Eden Water, + Even where it flow'd frae bank to brim, + And he has plunged in wi' a' his band, + And safely swam them through the stream. + + He turn'd them on the other side, + And at Lord Scroope his glove flung he-- + "If ye like na my visit in merry England, + In fair Scotland come visit me." + +A cottage on the roadside between Longtown and Langholm, which stands +close to the Scotch Dyke, is still pointed out as the residence of the +smith who was employed, on this occasion, to knock off Kinmont Willie's +irons. It is said that when Buccleuch arrived he found the door locked, +the family in bed, and the knight of the hammer so sound a sleeper, that +he was only wakened by the Lord Warden thrusting his long spear through +the window, and nearly spitting both Vulcan and his lady. + +The rescue of Kinmont Willie--a most notable feat from whatever point of +view it may be regarded--made Buccleuch one of the most popular heroes of +the age. It was declared on all hands that nothing like it had been +accomplished since the days of Sir William Wallace. + +According to a statement made in the "Border Papers," Buccleuch was +assisted in effecting Kinmont's rescue by Walter Scott of Goldielands; +Walter Scott of Harden; Will Elliot of Gorronbye; John Elliot of +Copeshawe; the laird of Mangerton; the young laird of Whithaugh and his +son; three of the Calfhills, Jock, Bighames, and one Ally, a bastard; +Sandy Armstrong, son to Hebbye; Kinmont's Jock, Francie, Geordie, and +Sandy, all brethern, the sons of Kinmont; Willie Bell, "Redcloak," and two +of his brethren; Walter Bell of Goddesby; three brethren of Tweda, +Armstrongs; young John of the Hollows, and one of his brethren; Christie +of Barngleish and Roby of Langholm; the Chingles; Willie Kange and his +brethren with their "complices." + +The breaking of the castle, and the rescue of Kinmont, completely upset +the equanimity of my Lord Scrope. His indignation almost unmanned him. He +wrote a long letter to the Privy Council describing the circumstances, and +denouncing Buccleuch and his accomplices, in no measured terms. He +entreated the Council to induce her Majesty to call upon the King of +Scotland to deliver up Buccleuch "that he might receive such punishment as +her Majesty might find that the quality of his offence merited." He +assured their lordships that "if her Majesty shall give me leave it shall +cost me both life and living, rather than such an indignity to her +Highness, and contempt to myself, shall be tolerated." From the +subsequent correspondence on this subject, which was of a voluminous +nature, one can easily see that Scrope was more concerned about the +indignity to himself than the contempt which had been offered to her +Majesty. He seems to have found it more difficult than he at first +anticipated to move the government to take prompt and effective action. +Buccleuch, as may be readily supposed, had a good deal to say in his own +defence. He argued, and with considerable cogency, that Kinmont's capture +and imprisonment constituted a gross violation of Border law, and that he +had not made any attempt at his rescue until he had exhausted every other +means of accomplishing his purpose. He also pointed out that the +representations which he had made had been received with scant courtesy, +and that even the remonstrance of the King had been treated with contempt. +Further, he showed that his Borderers had committed no outrage either on +life or property, although they might have made Scrope and his garrison +prisoners, and sacked the city. + +These considerations ought to have weighed heavily in Buccleuch's favour, +but Elizabeth would listen to no excuses. She demanded his immediate +surrender. For a time James refused to comply, and was warmly supported by +the whole body of his council and barons, even the ministers of the Kirk +were strongly opposed to surrender. Had the King been able to act with as +much freedom as some of his predecessors, it is morally certain that this +demand would have been indignantly repelled, but in the circumstances he +had to proceed with caution, as he was afraid that resistance might lead +to unpleasant results. And so, bowing to the inevitable, Buccleuch was +surrendered--at least he was for a time put in ward in Blackness. + +The letter which Elizabeth addressed to James on this occasion is written +throughout in the most passionate language. It is evident that Her Majesty +had great difficulty in controlling her feelings. After soundly rating her +"Dear brother" on the attitude he had assumed, she says:--"Wherefore, for +fine, let this suffice you, that I am as evil treated by my named _friend_ +as I could be by my known _foe_. Shall any castle or habytacle of mine be +assailed by a night larcin, and shall not my confederate send the offender +to his due punishment? Shall a friend stick at that demand that he ought +rather to prevent? The law of kingly love would have said, nay: and not +for persuasion of such as never can or will stead you, but dishonour you +to keep their own rule, lay behind you such due regard of me, and in it of +yourself, who, as long as you use this trade, will be thought not of +yourself ought, but of conventions what they will. For, commissioners I +will never grant, for an act that he cannot deny that made; for what so +the cause be made, no cause should have done that. And when you with a +better weighed judgment shall consider, I am assured my answer shall be +more honourable and just; which I expect with more speed, as well for you +as for myself. + +For other doubtful and litigious causes in our Border, I will be ready to +point commissioners, if I shall find you needful; but for this matter of +so villainous a usage, assure you I will never be so answered, as hearers +shall need. In this and many other matters, I require your trust to our +ambassador, which faithfully will return them to me. Praying God for your +safe keeping. Your faithful and loving sister, E. R." + +Such plain speaking might not be relished by the Scottish King, but the +interests at stake were too great to enable him to disregard it. He was in +thorough sympathy with Buccleuch, but he dare not resist further, and so +pacified the angry Queen by yielding her demands. + + + + +XII. + +FLAGELLUM DEI. + + "Then out and spak the nobil King, + And round him cast a wilie ee-- + Now, had they tongue, Sir Walter Scott, + Nor speak of reif nor felonie: + For, had every honest man his awin kye, + A right puir clan thy name wad be!" + + BALLAD OF THE OUTLAW MURRAY. + + +While reflecting great credit on the prowess of the Bold Buccleuch, the +rescue of Kinmont Willie gave rise to many serious local as well as +international complications. As we have seen, the English Queen was deeply +offended. She resented the high-handed and arbitrary manner in which the +release of this famous prisoner had been effected. It constituted a gross +insult to the Crown, and she was determined that those responsible for the +deed should suffer for their temerity. The anger of Elizabeth was no +trifling matter under any circumstances, but to James, whose courage was +never a conspicuous quality, it was dreaded in the last degree. He simply +quailed before the storm, and hastened to tender his humble submission. +The Queen received his assurances of contrition with commendable +graciousness. Yet it would seem she was not quite satisfied. Buccleuch had +been put in ward, but he had not been, as was demanded, surrendered to the +English government, and satisfaction was apparently out of the question +until this condition had been complied with. She expostulated with James +on the impropriety of the course he had seen fit to adopt, and gave him an +interesting lecture on the manner in which he ought to discharge the +duties of his high office. "For the punishment given to the offender," she +says, "I render you many thanks; though I must confess, that without he be +rendered to ourself, or to our warden, we have not that we ought. And, +therefore, I beseech you, consider the greatness of my dishonour, and +measure his just delivery accordingly. Deal in this case like a king, that +will have all this realm and others adjoining see how justly and kindly +you both will and can use a prince of my quality; and let not any dare +persuade more for him than you shall think fit, whom it becomes to be +echoes to your actions, no judgers of what beseems you. + +For Border matters, they are so shameful and inhuman as it would loathe a +king's heart to think of them. I have borne for your quiet too long, even +murders committed by the hands of your own wardens, which, if they be +true, as I fear they be, I hope they shall well pay for such demerits, and +you will never endure such barbarous acts to be unrevenged. + +I will not molest you with other particularities; but will assure myself +that you will not easily be persuaded to overslip such enormities, and +will give both favourable ear to our ambassador, and speedy redress, with +due correction for such demeanour. Never think them mete to rule, that +guides without rule. + +Of me make this account, that in your world shall never be found a more +sincere affection, nor purer from guile, nor fuller fraught with truer +sincerity than mine; which will not harbour in my breast a wicked conceit +of you, without such great cause were given, as you yourself could hardly +deny; of which we may speed, I hope, _ad calendas Græcas_. + +I render millions of thanks for such advertisements as this bearer brought +from you; and see by that, you both weigh me and yourself in a right +balance; for who seeks to supplant one, looks next for the other." + +These wise and weighty admonitions were no doubt received in a becoming +spirit. But James was not prepared at once to comply with the demand that +Buccleuch should be handed over to the tender mercies of his enemies. +Buccleuch was a special favourite. He was disposed, therefore, to shield +him as long as he could conveniently do so, with any degree of safety to +himself and his own interests. Negotiations were carried on between the +two governments for a period of eighteen months, and everything might have +been amicably settled had the wardens, and others in authority, only +conducted themselves with a reasonable amount of discretion. Scrope, +especially was dying to be revenged on those who had subjected him to such +great indignity; and consequently, a few months after the castle of +Carlisle had been broken into by Buccleuch, he gathered together two +thousand men and marched into Liddesdale, where he and his followers +created great devastation. They burned, so the Scottish commissioners +allege, "24 onsettes of houses, and carried off all the goods within four +miles of bounds. They coupled the men their prisoners 'tua and tua +togeather in leashe like doggis. Of barnis and wemen, three or four +scoore, they stripped off their clothis and sarkis, leaving them naked in +that sort, exposit to the injurie of wind and weather, whereby nyne or +tenne infantes perished within eight daies thereafter.'" + +The answer of the English commissioners to this indictment indicates, at +least, the grounds on which Scrope regarded himself as justified in +undertaking this invasion of Liddesdale. The reasons adduced are +plausible, if not always convincing. "It is no novelty," they say, "but an +ancient custom, for the English warden to assist his opposite, and the +keeper of Liddesdale, to ride on and 'herrie' such thieves, and on +occasion to do so at his own hand.... Buccleuch, besides (1) surprising +the second fortress of the Queen's Border; (2) slaying 24 of her subjects, +including 16 of her soldiers; (3) has bound himself with all the notorious +riders in Liddesdale, Eskdale, and Ewesdale, and after asserting that he +paid 'out of his own purse' half of the sworn bill of Tyndale of £800, +which the King commanded him to answer, joined himself with the Ellotts +and Armstrongs, to plunder Tyndale for demanding the balance, slaying in +their own houses 7 of the Charletons and Dodds the chief claimants. And +being imprisoned by the King, he made a sporting time of it, hunting and +hawking, and on his release did worse than ever, maintaining his 'coosens' +Will of Hardskarth, Watt of Harden, &c., to murder, burn, and spoile as +before. + +The people under his charge, Ellotts, Armstrongs, Nicksons, &c., have of +late years murdered above 50 of the Queen's good subjects, many in their +own houses, on their lawful business at daytime--as 6 honest Allandale men +going to Hexham market, cut in pieces. For each of the last 10 years they +have spoiled the West and Middle Marches of £5000. In short, they are +intolerable, and redress being unattainable, though repeatedly demanded by +the Queen and warden, the justifiable reprisal ordered by her Majesty in +necessary defence of her own Border, cannot in equity be called an +invasion, but rather 'honourable and neighbourlike assistance,' to +maintain the inviolable amitie between the princes and realms, against +the proud violaters thereof in eyther nation.... To conclude--this action +of the Lord Scrope's is to be reputed and judged a 'pune,' an ancient +Border tearme, intending no other than a reprisall, which albeit of late +years her Majesty's peacable justice hath restrained." + +There is much in a name. This invasion of Liddesdale, resulting in the +burning of numerous homesteads, the slaughter of many women and children, +accompanied by barbarities of the most revolting description, is +euphoniously described by the commissioners as "honourable and +neighbourlike assistance." The women and bairns, who were led in leashes +like so many dogs, were no doubt duly grateful to my Lord Scrope and his +minions for their kindly attentions! The absurdity of such a verdict is +surely unique. + +It would appear that Buccleuch's enforced absence from the Borders, after +the taking of Carlisle castle, was of brief duration. He was soon back in +his old haunts, and at his old trade. What had happened in the interim was +not likely to enhance his feeling of regard for Scrope, and those who were +aiding and abetting him in this matter. He was determined to avenge the +cruel raid which had been made upon Liddesdale. Along with Sir Robert Ker +of Cessford, another renowned freebooter, he marched into Tynedale with +fifty horse and a hundred foot, burned at noonday three hundred onsteads +and dwelling houses; also barns, stables, ox houses, &c., to the number of +twenty; and murdered "with the sworde" fourteen who had been to Scotland, +and brought away their booty. The English warden was utterly helpless. He +dare not lift a finger to stay the progress of the invaders. He gave vent +to his feelings in a letter to Burghley, in which he says--"To defend such +like incursions, or rather invasions, with sorrow as formerly I declare to +your lordship the weak state of Tindale, for there was not 6 able horse to +follow the fray 'upon the shoute,' though in daytime, and where as +reported to me, there were 300 able foot, 'or better,' there was not a +hundred of this following, 'and those naked.' This piteous state increases +since my coming, and I cannot see how to amend it, leaving this to your +wisdom, 'wishing to God' I had never lived to serve where neither her +Majesty nor her officer is obeyed; fearing unless assisted by her +Majesty's forces, Tyndale will be laid waste as other parts of the March +are."[96] + +One cannot restrain a certain feeling of commiseration for the English +warden, who was so shamefully neglected by his government, and so +miserably supported in the discharge of his duties by those dwelling +within his wardenry. The complaint which Eure here makes is one which was +often made by the wardens on the English Border. They were frequently +left in a comparatively helpless condition, having neither men, horses, +nor money sufficient for their purposes. The knowledge of this fact no +doubt encouraged the Scots to pursue their nefarious calling with a +boldness and persistency, which, at first sight, appear somewhat +extraordinary. + +Buccleuch, when charged with the atrocities here so minutely described, +had a good deal to say in his own defence. He avowed that his inroad on +Tynedale was fully justified. He says--"60 English entered Liddesdale by +night, slew 2 men, and drove many sheep and cattle, when the fray arising, +he with neighbouring gentlemen 'followed the chace with the dog,' and put +the first men he met making resistance, to the sword. The rest of the +spoil, taken to sundry houses in Tindale, was therein held against him by +the stealers, and though he offered them life and goods, if the cattle +were delivered, he had to force entry by the firing of doors, when the +houses were burned 'besides his purpose,' with the obstinate people who +refused to yield on trust."[97] + +This plausible story, the main facts of which, however, are admitted by +the English warden, did not go far to pacify the Queen of England. She +threatened the utmost penalties unless Buccleuch and Ker were delivered +up to her. The time had gone past for further "excuses, deferrings, and +lingerings." It is said her resentment had reached such a pitch that, with +her concurrence, a plan was formed to _assassinate_ Buccleuch. + +Though the Queen had at first been opposed to the appointment of a +Commission for the consideration of some of the more important questions +which had arisen between the two kingdoms, owing mainly to Buccleuch's +exploits, she ultimately yielded the point, and it is an interesting and +significant fact that during the time of the sitting of the Commission +Buccleuch was busily engaged in ravaging with fire and sword some of the +fairest districts within the English Border. The magnitude of his offences +had evidently impressed them. They hardly knew what to say about him. In +the first paragraph of the report which they issued we read:--"We have +accomplished the treaty of the Border causes with all the diligence +possible, though not to so great advantage to the realm as we desired. Yet +we have revived articles of the former treaties discontinued, supplied +many old defects, and made new ordinances. Slaughters we were forced to +leave as they were (the Scots protesting that they could not, under their +instructions, deal with them); but we trust as the punishment is left to +the princes, her Majesty will so consider the same, that it shall be found +far better that we have left that article at large, than if we had +condiscended to any meane degree of correccion for so barbarous acts ... +specially by Baklugh, who is _flagellum Dei_ to his miserably distressed +and oppressed neighbours."[98] + +But, however distressing Buccleuch's conduct may have been to the English +members of the Commission, it is evident that neither King nor Council in +Scotland was disposed to regard him as a "scourge of God." He went up to +Edinburgh at this time, when things seemed to be going so much against him +in the Commission, and had an interview with James, and so obtained his +favourable countenance, that "they laughed a long time on the purpose." +The Council took an equally favourable view of the situation, affirming +that "it was found that his last invasion of England was just, for +'repetition' of goods stolen a short time before, and the slaughter was +but of special malefactors, enemies to the public weal and quiet of both +countries." + +Elizabeth, however, took a different view of the matter, and put her foot +down with such purpose and determination that James speedily became +convinced that he must either surrender his favourite, or involve the +country in a war with England. The latter alternative was out of the +question, as it might have imperilled his claim to the succession, and so +Buccleuch was compelled to place himself as a prisoner in the hands of +Sir William Bowes, who conducted him to Berwick, and put him in ward, +there to await the Queen's pleasure. Sir John Cary was then governor of +the town, and it was with much perturbation and many misgivings that he +undertook the safe custody of such a notorious and masterful captive. In a +pathetic letter which he addressed to Lord Hunsdon, he says--"I entreat +your lordship that I may not become the jailor of so dangerous a prisoner, +or, at least, that I may know whether I shall keep him like a prisoner or +no? for there is not a worse or more dangerous place in England to keep +him in than this; it is so near his friends, and besides, so many in this +town willing to pleasure him, and his escape may be so easily made; and +once out of the town he is past recovery. Wherefore I humbly beseech your +honor let him be removed from hence to a more secure place, 'for I protest +to the Almighty God, before I will take the charge to keep him here, I +will desire to be put in prison myself, and to have a keeper of me!' For +what care soever be had of him here, 'he shall want no furtherance +whatsoever wit of man can devise, if he himself list to make an escape.' +So I pray your lordship, 'even for God's sake and for the love of a +brother,' to relieve me from this danger."[99] + +This passionate appeal, to be relieved from the responsibility of taking +charge of Buccleuch, does not seem to have received much attention. +Buccleuch remained under Cary's guardianship, and, needless to say, proved +himself one of the most tractable of prisoners. He could not well have +acted otherwise, for he must by this time have become fully convinced that +Elizabeth was determined to have her way, and that, in the peculiar +circumstances in which the Scottish King was placed, he could ill afford +to thwart her wishes. Sir Robert Ker was also induced to place himself in +the hands of the English authorities. Strange to relate, he was placed in +charge of Sir Robert Cary, with whom he lived for a considerable time on +the most intimate and friendly terms. "Contrary to all men's +expectations," says Cary, "Sir Robert Car chose me for his guardian, and +home I brought him to my own house after he was delivered to me. I lodged +him as well as I could, and took order for his diet, and men to attend on +him; and sent him word, that (although by his harsh carriage towards me, +ever since I had that charge, he could not expect any favours, yet) +hearing so much goodness of him, that he never broke his word; if he would +give me his hand and credit to be a true prisoner, he would have no guard +set upon him, but would have free liberty for his friends in Scotland, to +have ingress and regress to him as often as he pleased. He took this very +kindly at my hands, accepted of my offer, and sent me thanks. + +Some four days passed; all which time his friends came unto him, and he +kept his chamber. Then he sent to me, and desired me I should come and +speak with him, which I did; and after long discourse, charging and +recharging one another with wrongs and injuries, at last, before our +parting, we became good friends, with great protestations on his side, +never to give me occasion of unkindness again. After our reconciliation, +he kept his chamber no longer, but dined and supped with me. I took him +abroad with me, at least thrice a-week, a-hunting, and every day we grew +better friends. Bocleugh, in a few days after, had his pledges delivered, +and was set at liberty. But Sir Robert Car could not get his, so that I +was commanded to carry him to York, and there to deliver him prisoner to +the archbishop, which accordingly I did. At our parting he professed great +love unto me for the kind usage I had shown him, and that I would find the +effects of it upon his delivery, which he hoped would be shortly."[100] + +Sir Robert Ker was as good as his word. After he had regained his freedom, +by the delivery of the pledges demanded, he returned to his duties as +warden of the East March, and seems to have conducted himself to the +entire satisfaction of his generous opponent. Cary says that they often +met afterwards at days of truce, and that he had as good justice as he +could have desired--their friendship remaining unbroken to the end. + +The fortunes of the "Bold Buccleuch," after his imprisonment in Berwick, +were of a varied, but by no means of an unpleasant character. He returned +to his duties as Keeper of Liddesdale, and applied himself with energy and +ability to the arduous task of keeping his unruly charge, as far as +possible, within due bounds of law. This was an almost impossible +undertaking, as the Armstrongs and Elliots and other "broken men" of the +district had been so long accustomed to a lawless life that they quickly +resented any interference with their liberty. The change which had come +over the spirit of Buccleuch's dream was not at all to their liking, and +consequently they turned against him, and assailed him with much +bitterness. He was "in contempt with them" because of his just dealing +with Cary. They would gladly have shaken off his yoke, and were privately +working for his overthrow, that they might have the "raynes louse" again. +But difficult as the task was, Buccleuch was not easily turned aside from +his purpose. He had evidently become convinced that a change of policy was +desirable in the interests of the country, and he was determined to carry +it out, however formidable might be the opposition with which he had to +contend. The fact is significant, and ought to be carefully borne in mind. +Buccleuch's indiscretions during the earlier part of his official life +were manifold, and severely reprehensible. The only defence which can be +offered in his behalf is, that he was placed in a position of great +responsibility before he was old enough to appreciate to the full extent +the consequences of his actions. His extreme youth, fiery temperament, and +fervid patriotism, account for many things in his life which otherwise +would be difficult either to explain or justify. But if he sinned greatly, +he also repented sincerely. It is really to him we owe the first impulse +in the social regeneration of the Borders. From 1597 onwards, he +contributed more towards the establishment of good order in the district +over which he presided--and it was infinitely the worst district in the +country--than any other man of his time. It may be said, indeed, that in +him many of the finest qualities of the Scottish Borderer came to full +fruition. He was brave, resolute, independent, quick to resent injuries, +but withal, warm-hearted and generous. We do not greatly wonder at the +large place he has filled in the traditional story of the country. His was +a powerful and fascinating personality, and though, from a national point +of view, the sphere of his activities was comparatively limited, his name +is not unworthy of being associated with some of the greatest names in +Scottish history. + +Towards the close of the year 1599 he went to London to make his peace +with the Queen. In a letter to Cecil, written by Sir Robert Cary, we have +striking testimony given of the change which had taken place in +Buccleuch's attitude towards the English government. "He will be +desirous," Cary says, "to kiss the Queen's hand: which favour of late he +hath very well deserved, for since my coming into these parts, I do assure +your honour he is the only man that hath run a direct course with me for +the maintenance of justice, and his performance hath been such as we have +great quietness with those under his charge. Nor have I wanted present +satisfaction for anything by his people: and he has had the like from me. +There is not an unsatisfied bill on either side between us."[101] + +Considering the terms of this letter, we are not surprised to learn that +the "Bold Buccleuch" was received at Court with considerable favour. If it +be true that Elizabeth at one time was privy to a plot to assassinate him, +she must surely have had some qualms of conscience when at last this +"stark reiver" stood before her. The scene is a memorable one. The Queen +demanded of him, with one of those lion-like glances which used to throw +the proudest nobles on their knees, how he dared to storm her castle, to +which the Border baron replied--"What, madam, is there that a brave man +may not dare?" The rejoinder pleased her; and, turning to her courtiers, +she exclaimed--"Give me a thousand such leaders, and I'll shake any throne +in Europe!" + + + + +XIII. + +MINIONS OF THE MOON. + + "Diana's Foresters, Gentlemen of the shade, + Minions of the Moon."--FALSTAFF. + + + "_Reparabit Cornua Phoebe._"--MOTTO: HARDEN FAMILY. + + + "The siller moon now glimmers pale; + But ere we've crossed fair Liddesdale, + She'll shine as brightlie as the bale + That warns the water hastilie. + + "O leeze me on her bonny light! + There's nought sae dear to Harden's sight: + Troth, gin she shone but ilka night, + Our clan might live right royallie." + + FEAST OF SPURS. + + +The more famous reivers whose names have been handed down in the +traditions, poetry, and history of the Scottish Border, are seldom +regarded with any very pronounced feelings of aversion. The Armstrongs, +Elliots, Græmes, Stories, Burneses, and Bells; the Scotts, Kers, Maxwells, +and Johnstones--whose depredations have been recorded with much fulness of +detail in the annals of the country, were no doubt quite as bad as they +have been described. They cannot be acquitted of grave moral +delinquencies, judged even by the standard of the age in which they lived. +But at this distance of time many are disposed to regard their +depredations and lawless life, if not with a kindly, at least with an +indulgent eye. It must be frankly admitted that there was an element of +genuine heroism in their lives, which goes far to redeem them from the +contempt with which, under other conditions, we would have been compelled +to regard them. What they did was, as a general rule, done openly, and +evidently with a certain sub-conscious feeling that their actions, if +rightly understood, were not altogether blame-worthy. Their reiving was +carried on under conditions which developed some of the best as well as +worst elements of their nature and manhood. The Border reiver, whatever he +was, can certainly not be described as cowardly. He carried his life in +his hands. He never knew when he went on a foraging expedition, whether he +might return. The enemy with which he had to contend was vigilant and +powerful. Before he could drive away the cattle, he had, first of all, to +settle accounts with the owner. He might be worsted in the encounter, and +instead of securing his booty, he might find himself a captive, with the +certainty of being strung up on the nearest tree, or drowned in some +convenient pool. Such incidents were of almost every day occurrence. +Reiving was therefore one of the most exciting and hazardous of +occupations, demanding on the part of those engaged in it, a strong arm +and a dauntless spirit. The burglar who sneaks up to a house while the +inmates are asleep, and plies his nefarious calling in silence and under +shade of night, and is ready to start off, leaving everything behind him, +the moment the alarm is raised, is a contemptible miscreant, for whom the +gallows is almost too mild a form of punishment. But the Border reiver was +made of different metal; was, indeed, a man of an essentially higher type. +He was prepared to fight for every hoof or horn he wished to secure. It +was a trial of skill, of strength, of resource, with the enemy. No doubt +he had occasionally to ride during the night, aided only by the mild rays +of the moon. The way was often long, the paths intricate, and the dangers +manifold; but he was also prepared, under the full blaze of the noonday +sun, to challenge those he had come to despoil, to protect and retain +their property if they could. It was open and undisguised warfare on a +miniature scale. This, of course, was not true of _all_ the reivers on the +Borders. Some of them were hardly worthy of their profession. There are +black sheep in every trade--men who represent the baser qualities of their +kind, and who bring discredit on their associates. + +In looking back over the long list of famous reivers there are many names +which, somehow or other, we are disposed to regard with a more or less +kindly feeling. This may be difficult to explain, but the fact is +undeniable. Perhaps the feeling is due, to a certain extent at least, to +the fact that, despite the mode of life adopted by these men, they +represented many really admirable qualities, both of intellect and heart. +Johnie Armstrong of Gilnockie, for example, was one of the most notorious +of the clan to which he belonged, and yet he was evidently regarded as a +great hero, who had been most shamefully treated by the King. It is also +interesting to find that he had a high opinion of himself. He prided +himself on his _honesty_. However much injury he had inflicted on the +unfortunate Englishmen, who had to bear the brunt of his onslaughts, it +gives him infinite pleasure and satisfaction to affirm that "he had never +skaithed a Scots wife a puir flee." It is possible, too, that his tragic +end may have something to do with the kindly feeling with which his memory +is cherished, though this in itself is not sufficient to account for the +place he occupies in the Valhalla of Border heroes. + +In the same way a halo of romance has gathered round the name of the "Bold +Buccleuch," whose spirit of chivalry has gone far to redeem his memory +from opprobrium. The penetrating eye of the English Queen was quick to +discern in him qualities of a high order which only required the proper +sphere for their development. He may well be regarded as a truly great +man who was compelled by the circumstances in which he found himself +placed, to devote his time and talents to tasks which were quite unworthy +of his genius. Hence, when the opportunity occurred, he speedily proved +himself not only a great leader of men, but a most potent factor in the +social and moral regeneration of the district with which he was so +intimately associated. + +But of all the Border reivers whose names have been handed down in song +and story, none is regarded with more kindly, we might almost say +affectionate interest, than that of "Auld Wat of Harden." For many years +he played an important part in Border affairs, and was always to the front +in harassing and despoiling the English. We have already noticed the +assistance he gave his near kinsman, the "Bold Buccleuch," in the assault +on Carlisle castle, when Kinmont Willie was so gallantly rescued from +imprisonment. But, four years prior to this event, in the year 1592, he +took part, under the leadership of Bothwell, in the famous "Raid of +Falkland," when the King was surprised in his Palace, and would have had +short shrift from the Borderers, had not timely warning been given him of +his danger. This escapade entailed on the laird of Harden somewhat serious +consequences. An order was issued by the King, with the consent of the +Lords of his Council, to demolish the _places, houses, and fortalices_ of +Harden and Dryhoip, pertaining to the said Walter Scott. The order runs +thus--"Apud Peiblis, xiij die mensis Julij, anno lxxxxij (1592)--The +Kingis Majestie, with aduise of the Lordis of his Secreit Counsale, Gevis +and grantis full pouer and Commission, expres bidding and charge, be thir +presentis, to his weil-belouitt Williame Stewart of Tracquair, to DIMOLEIS +and cause to be dimoleist and cassin doun to the ground, _the place and +houssis of_ TYNNEIS, quhilkis pertenit to James Stewart sumtyme of +Tynneis; as alswa, the lyke pouer and commissioun, expres bidding and +charge, to Walter Scott of Gouldielandis and Mr Iedeon Murray, conjunctlie +and seuerallie, to dimoleis and caus be dimoleist and cassin doun to the +ground, _the placeis, houssis, and fortalices of_ HARDEN _and_ DRYHOIP, +pertening to Walter Scott of Harden, quha, with the said James Steuart, +wes arte and parte of the lait tresonabill fact, perpetrat aganis his +hienes awin persone at Falkland: And that the foirsaidis personis caus the +premisses be putt in execution with all convenient expeditioun in signne +and taikin of the foirsaidis uthiris personis tressounable and unnaturall +defection and attemptat, committit be thame in manner foirsaid. As thay +will ansuer to his hienes upon thair obedience."[102] + +This was a severe blow to the laird of Harden, but he doubtless bore it +with that fine philosophical indifference for which he was distinguished. +The motto of the Harden family, "We'll hae moonlight again," breathes the +spirit of optimism, and indicates that the reverses of fortune were never +regarded as irreparable. Hope sprang eternal in the Harden breast! + +But Auld Wat was never disposed to linger unduly, even when courting the +smile of the capricious Goddess. He believed in himself, and relied mainly +for his good fortune on his own energy and skill. He was a man of the +world--keen, subtle, far-seeing, energetic--never allowing the grass to +grow under his feet. He believed in taking time by the forelock--in making +hay while the sun shone. Rarely did he ever miss a favourable opportunity +of increasing "his goods and gear." And his reiving was carried on in no +paltry or insignificant fashion. He was a man of large ideas, and he +carried them out on a splendid scale. For example, we find that in 1596 he +ran a day foray into Gilsland, and carried off "300 oxen and kye, a horse +and a nag." This was a large addition to make to his stock, and one cannot +help thinking that the "dell" in front of Harden castle, where he kept his +captured nowte, must have often been unduly crowded. But then it ought be +remembered that the demands on his hospitality were numerous and not +always easily met. He had a numerous body of retainers, as was befitting a +man of his position, who had to be kept in "horse meat and man's meat," +and having so many to provide for, his large herds often disappeared with +great rapidity. The result was that he was constantly under the necessity +of crossing the Border in order to replenish his stock. It is related that +on one occasion he overheard the town herd calling out to some one, as he +was passing, to "send out Wat o' Harden's coo." "Wat o' Harden's coo!" the +old reiver indignantly exclaimed, "My sang, I'll soon mak ye speak of Wat +o' Harden's kye," and so he at once gathered his forces, marched into +Northumberland, and before long he was seen on his way back driving before +him a big herd of cows and a basson'd bull. On his way he passed a large +sow-backed haystack. Turning round in his saddle and looking at it +wistfully, he said, in a regretful tone of voice, "If ye had four feet, ye +wadna stand long there!" + +It is perhaps to this successful foray that Lord Eure refers in a letter +addressed to Cecil under date July 15, 1596, in which he says:--"Watt +Ellatt, _alias_ Watt of Harden, with other East Tividale lairds had 300 or +400 able horsemen, laying an ambush of 300 or 400 foote, brake a day +forray a myle beneathe Bellinghame, spoiled the townes men in +Bellinghame, brake the crosse, toke all the cattell upp the water to the +number thre or fower hundred beastes at the leaste, hath slaine three men +of name and wounded one allmoste to deathe, fired noe houses. The fray +rose and being brought to me at Hexhame about ixº or xº houers in the +morning, I rose myself with my household servuantes, caused the beacons to +be fired and sent the fray eche way rounde aboute me, and yet could not +make the force of the countrie iiij{xx} horsemen and some six score +footmen. I followed with the horsemen within twoe or three myles of +Scotland, and except Mr Fenwick of Wellington, together with the Keaper of +Tindale, Mr Henry Bowes, ther was not one gentleman of the Marche to +accompanie me, or mett me at all; and when all our forces were togeither, +we could not make twoe hundredth horsse, nor above twoe hundredth +footmen.... With shame and greife I speake it' the Scottes went away +unfought withall."[103] + +It will thus be seen that within a few months this famous freebooter had +transferred from English soil some six or seven hundred head of cattle. No +doubt like his neighbours, who were engaged in the same precarious line of +business, he had many unsuccessful raids to recount, but he was certainly +one of the most wary and successful of the reivers on the Scottish side of +the Border. + +Sir Walter Scott, who was a descendant of Wat of Harden, has an +interesting note in his "Border Minstrelsy" regarding the family. "Of this +Border laird," he says, "commonly called _Auld Wat of Harden_, tradition +has preserved many anecdotes. He was married to Mary Scott, celebrated in +song by the title of 'The Flower of Yarrow.' By their marriage contract, +the father-in-law, Philip Scott of Dryhope, was to find Harden in horse +meat and man's meat at his Tower of Dryhope for a year and a day; but five +barons pledge themselves, that, at the expiry of that period, the +son-in-law should remove without attempting to continue in possession by +force! A notary-public signed for all the parties to the deed, none of +whom could write their names. The original is still in the charter-room of +the present Mr Scott of Harden. By 'The Flower of Yarrow' the Laird of +Harden had six sons; five of whom survived him, and founded the families +of Harden (now extinct), Highchesters (now representing Harden), Reaburn, +Wool, and Synton. The sixth son was slain at a fray, in a hunting match, +by the Scotts of Gilmanscleuch. His brothers flew to arms; but the old +laird secured them in the dungeon of his tower, hurried to Edinburgh, +stated the crime, and obtained a gift of the land of the offenders from +the Crown. He returned to Harden with equal speed, released his sons, and +showed them the charter. 'To horse, lads!' cried the savage warrior, 'and +let us take possession! The lands of Gilmanscleuch are well worth a dead +son.'" + +Hogg's description of "Auld Wat" as he set out for Edinburgh on this +occasion is humourously realistic: + + And he's awa' to Holyrood, + Amang our nobles a', + With bonnet lyke a girdle braid, + And hayre lyke Craighope snaw. + + His coat was of the forest green, + Wi' buttons lyke the moon; + His breeks were o' the guid buckskyne, + Wi' a' the hayre aboon. + + His twa hand sword hang round his back, + An' rattled at his heel; + The rowels of his silver spurs + Were of the Rippon steel; + + His hose were braced wi' chains o' airn, + An' round wi' tassels hung: + At ilka tramp o' Harden's heel, + The royal arches rung. + + * * * * + + Ane grant of all our lands sae fayre + The King to him has gien; + An' a' the Scotts o' Gilmanscleuch + Were outlawed ilka ane. + +But Harden's best fortune came to him with his wife--the far-famed "Flower +of Yarrow." + + This beautous flower, this rose of Yarrow, + In nature's garden has no marrow. + +So sang Allan Ramsay. And since his day the charms of "Yarrow's Rose" have +inspired many a more or less tuneful ode. But Mary Scott's beauty was, +after all, not her greatest gift. She was wise beyond most of her sex, +and skilful to a degree in the management of her husband. We find, for +example, that instead of remonstrating with him on his culpable negligence +in allowing the larder to become depleted, she quietly set before him when +he came to dinner a pair of clean spurs! The hint thus indirectly conveyed +was quite sufficient. Immediately her worthy spouse was in the saddle and +riding as fast as his nag could carry him towards the English fells. It is +interesting to know that the spurs that were thus suggestively served up +for dinner are still in the possession of the family, being carefully +preserved among Lord Polwarth's treasures at Mertoun House. + +But while Wat of Harden could look after his own interests, he was never +unmindful of the interests of others. When the Captain of Bewcastle came +over to Ettrick "to drive a prey," and carried off Jamie Telfer's kye, he +rendered splendid service in rescuing the herd from the hand of the +spoiler. Though Telfer, with "the tear rowing in his ee," pled with the +Captain to restore his property, he was only laughed at for his pains-- + + "The Captain turned him round and leugh, + Said--"Man, there's naething in thy house, + But ae auld sword without a sheath + That hardly now would fell a mouse." + +Telfer first of all applied for assistance at Stobs Ha', evidently +thinking that he had some special claim on "Gibby Elliot," but he was +unceremoniously turned from the door, and told to go to "Branksome" and +"seek his succour where he paid blackmail." When Buccleuch heard what had +taken place, he cried-- + + "Gar warn the water, braid and wide, + Gar warn it sune and hastilie! + They that winna ride for Telfer's kye, + Let them never look in the face o' me!" + + +Auld Wat and his sons having also been informed of the Captain's raid, +lost no time in getting out their steeds and hurrying after the English +reiver. Over the hills, down near the Ritterford on the Liddel, the melee +began. The Captain was determined to drive Jamie Telfer's kye into England +despite the opposition of the Scotts, but he was made to pay dearly for +his temerity.-- + + Then til't they gaed, wi' heart and hand, + The blows fell thick as bickering hail; + And mony a horse ran masterless, + And mony a comely cheek was pale. + +Willie Scott, the son of Buccleuch, was left dead on the field. When +Harden saw him stretched on the ground "he grat for very rage."-- + + "But he's ta'en aff his gude steel cap, + And thrice he's waved it in the air-- + The Dinlay snaw was ne'er mair white + Nor the lyart locks of Harden's hair. + + "Revenge! revenge!" Auld Wat 'gan cry; + "Fye, lads, lay on them cruellie! + We'll ne'er see Teviotside again, + Or Willie's death revenged sall be." + +The conflict was speedily ended. The Captain of Bewcastle was badly +wounded, and taken prisoner; his house was ransacked, his cattle driven +off, and Jamie Telfer returned to the "Fair Dodhead" with thirty-three +cows instead of ten.-- + + "When they cam' to the fair Dodhead, + They were a wellcum sight to see! + For instead of his ain ten milk kye, + Jamie Telfer has gotten thirty and three. + + And he has paid the rescue shot, + Baith wi' goud and white monie: + And at the burial o' Willie Scott, + I wat was mony a weeping ee." + + +The eldest son of Wat of Harden was destined to become as famous as his +father, though in a different way. He had evidently, from what we learn of +him, inherited all the reiving tendencies of his race. But the difficulty +of crossing the Border had been considerably increased. Buccleuch, the +Keeper of Liddesdale, had changed his tactics. He had now begun to use his +utmost endeavour to bring about a better understanding, and a better state +of feeling, between the two countries. Willie Scott no doubt realised that +a raid on the English Border, though successful, might now get the whole +family into serious trouble. But the kye "were rowting on the loan and the +lea," and something had to be done to augment the quickly vanishing herd. +He took into his confidence a farmer, who lived on the banks of the +Ettrick--William Hogg--well known as the "Wild Boar of Fauldshope." This +redoubtable reiver was a progenitor of the Ettrick Shepherd, whose family, +it is said, possessed the lands of Fauldshope, under the Scotts of Harden, +for a period of 400 years. He was a man of prodigious strength, courage, +and ferocity, and ever ready for the fray. For some reason or other he had +a strong antipathy to Sir Gideon Murray of Elibank, the picturesque ruins +of whose Castle may still be seen on the banks of the Tweed, a mile or two +above Ashiesteel. That young Harden could have no particular liking for +him is easily understood, as he was one of the men who had been +commissioned by the government to destroy Harden castle as a punishment +for the part taken by his father in the Raid of Falkland. Sir Gideon had a +splendid herd of cattle pasturing on the green slopes above the Tweed, and +so Willie Scott resolved, with the assistance of his powerful coadjutor, +to transfer as many of them as possible to his own pastures. The night was +set, the expedition was carefully planned, and fortune seemed to smile +upon the project. But-- + + The best laid schemes o' mice and men + Gang aft a glee. + +Some one was good enough to convey to Sir Gideon a hint of what was on +foot, and he at once took measures to give the thieves, when they came, a +warm reception. After a sharp encounter, Willie Scott was taken prisoner, +and thrown into the dungeon of the Castle, with his hands and feet +securely bound. He knew quite well the fate which awaited him on the +morrow. He would be led forth to the gallows, and there made to pay the +forfeit of his life. A better lot, however, was in store for him. A good +angel, in the person of Lady Murray, interfered on his behalf. She had +been anxiously considering how she could save his life. Her plans were +speedily formed, and in the morning she ventured to lay them before her +irate husband. As Hogg has humorously described the scene-- + + The lady o' Elibank raise wi' the dawn, + An' she waukened Auld Juden, an' to him did say,-- + "Pray, what will ye do wi' this gallant young man?" + "We'll hang him," quo Juden, "this very same day." + + "Wad ye hang sic a brisk an' gallant young heir, + An' has three hamely daughters aye suffering neglect? + Though laird o' the best of the forest sae fair, + He'll marry the warst for the sake o' his neck. + + "Despise not the lad for a perilous feat; + He's a friend will bestead you, and stand by you still; + The laird maun hae men, an' the men maun hae meat, + An' the meat maun be had be the danger what will." + + +The plan thus suggested seemed feasable. It might really be the wisest +course to pursue, at least so Sir Gideon was disposed to think, and no +time was lost in bringing the matter to an issue. Young Scott was at once +brought into the hall, the terms on which his life was to be spared were +briefly stated, and he was afforded an opportunity of seeing the young +lady whom fortune had thus strangely thrown in his way. One glance +sufficed. The features of Sir Gideon's daughter, known to fame as +"Muckle-mou'd Meg," were not attractive. The condemned culprit felt that +even the gallows was preferable to such an objectionable matrimonial +alliance. + + "Lead on to the gallows, then," Willie replied, + "I'm now in your power, and ye carry it high; + Nae daughter of yours shall e'er lie by my side; + A Scott, ye maun mind, counts it naething to die." + +These were brave words, bravely spoken. Sir Gideon, however, had made up +his mind as to the course he meant to pursue, and Willie Scott was at once +led forth to make his acquaintance with the "Hanging Tree." But when he +drew near and saw the fatal rope dangling in the wind, his courage began +to fail him. The prospect was far from inviting, and he pled for a few +days respite to think on his sins, "and balance the offer of freedom so +kind." But the old laird was inexorable. He simply said to him, "There is +the hangman, and there is the priest, make your choice." Thus driven to +bay, Willie saw that further parleying would not avail, and so he thought +he had better make the best of a bad business. As he thought over the +matter, he began to discover certain traits in the young lady's person and +character of a more or less pleasing description. He concluded that, +after all, he might do worse than wed with the daughter of Elibank.-- + + "What matter," quo' he, "though her nose it be lang, + For noses bring luck an' it's welcome that brings. + + There's something weel-faur'd in her soncy gray een, + But they're better than nane, and ane's life is sae sweet; + An' what though her mou' be the maist I hae seen, + Faith muckle-mou'd fok hae a luck for their meat." + + +Thus everything ended happily, and young Harden had cause to bless the day +he found himself at the mercy of Sir Gideon Murray of Elibank. Seldom, +indeed, has Border reiver been so beneficently punished! + + An' muckle guid bluid frae that union has flowed, + An' mony a brave fellow, an' mony a brave feat; + I darena just say they are a' muckle mou'd, + But they rather have still a guid luck for their meat. + + +Such is the tradition, as Hogg has given it in his humourous poem. It goes +without saying that the poet has embellished and enlarged the story to +suit his own purposes. But the tradition has generally been regarded as +having some considerable basis of fact. Satchells, in his History of the +Scotts, thus refers to Auld Wat of Harden and his famous son-- + + "The stout and valiant Walter Scott + Of Harden who can never die, + But live by fame to the tenth degree; + He became both able, strong, and stout, + Married Philip's daughter, squire of Dryhope, + Which was an ancient family, + And many broad lands enjoyed he; + Betwixt these Scotts was procreat, + That much renowned Sir William Scott, + I need not to explain his name, + Because he ever lives by fame; + He was a man of port and rank, + He married Sir Gideon Murray's daughter of Elibank." + + +The fortunes of other famous reivers have formed the theme of many a +stirring ballad. The so-called historical data on which many of these +ballads are professedly based, may often, no doubt, be truthfully +described as more imaginary than real, nevertheless the picture which the +balladist has drawn is often deeply interesting, and subserves an +important end by indicating the feeling with which these men and their +deeds were usually regarded. + +In a history of Border reiving such side-lights as the ballads afford may +be profitably utilized. + +Maitland, in his celebrated poem on the Thieves of Liddesdale, makes +allusion to a well known character who is known to fame as "Jock o' the +Syde." He was nephew to the "Laird of Mangerton," and cousin to the +"Laird's Ain Jock," and had all the enthusiasm of his race for the calling +to which the members of his clan seem to have devoted their somewhat +remarkable talents.-- + + He never tyris + For to brek byris + Our muir and myris + Ouir gude ane guide. + +It is said that he assisted the Earl of Westmoreland in his escape, after +his unfortunate insurrection with the Earl of Northumberland, in the +twelfth year of the reign of Queen Elizabeth. But according to the +balladist his career, on one occasion, had well nigh terminated +disastrously. In the company of some of his friends he had made a raid +into Northumberland. Here he was taken prisoner by the warden, and thrown +into jail at Newcastle, there to "bide his doom." He knew that he would +not have long to wait. Not much time was wasted in considering the various +items of the indictment, more especially when the accused was a well-known +thief. "Jeddart justice" was not confined to the small burgh on the +Scottish Border. It was as popular, at that time, in England as anywhere +else, as many a Scottish reiver has known to his cost. The friends of the +prisoner were fully aware that if he was to be saved from the gallows, not +one moment must be lost. A rescue party was speedily organized. The laird +of Mangerton, accompanied by a few friends--the Laird's Jock, the Laird's +Wat, and the famous Hobbie Noble (an Englishman who had been banished from +Bewcastle)--started off for Newcastle with all speed, determined to bring +the prisoner back with them, quick or dead. To allay suspicion and avoid +detection, they shod their horses "the wrang way"--putting the tip of the +shoe behind the frog--and arrayed themselves like country lads, or "corn +caugers[104] ga'en the road." When they reached Cholerford, near Hexham, +they alighted and cut a tree--"wi' the help o' the light o' the moon"--on +which were fifteen nogs or notches, by which they hoped "to scale the wa' +o' Newcastle toun." But, as so often happened in like circumstances, this +improvised ladder was "three ells too laigh." Such trifles, however, +rarely ever proved disconcerting. The bold reivers at once determined to +force the gate. A stout porter endeavoured to drive them back, but-- + + "His neck in twa the Armstrongs wrang; + Wi' fute or hand he ne'er played pa! + His life and his keys at once they hae ta'en, + And cast his body ahint the wa'." + + +The path being now clear they speedily made their way to the prison, where +they found their friend groaning under fifteen stones of Spanish iron +(nothing short of this would have availed to keep a stark Scottish reiver, +fed on oatmeal, within the confines of a prison cell), carried him off, +irons and all, set him on a horse, with both feet on one side, and rode +off with the fleetness of the wind in the direction of Liddesdale: + + "The night tho' wat, they didna mind, + But hied them on fu' merrilie, + Until they cam' to Cholerford brae, + Where the water ran like mountains hie." + + +Dashing into the stream they soon reached the opposite bank. The English, +who were in hot pursuit, when they reached the Tyne, which was rolling +along in glorious flood, durst not venture further. They were filled with +chagrin when they saw the prisoner, loaded as he was with fifteen stones +of good Spanish iron, safe on the other side. They had sustained a double +loss. The prisoner was gone, and he had taken his valuable iron chains +with him. The land-sergeant, or warden's officer, taking in the situation +at a glance, cried aloud-- + + "The prisoner take, + But leave the fetters, I pray, to me." + +To which polite request the Laird's ain Jock replied-- + + "I wat weel no, + I'll keep them a'; shoon to my mare they'll be, + My gude bay mare--for I am sure, + She bought them a' right dear frae thee." + + +No Liddesdale reiver was ever likely to part with anything in a hurry, +least of all to give it up to an Englishman. + +The Armstrongs, almost without exception, were noted thieves. They seem to +have possessed a rare genius for reiving. Their plans were generally so +well formed, and carried out with such a fine combination of daring and +cunning, that the "enemy" almost invariably came off "second best." One of +the last, and most noted of this reiving clan, was _William Armstrong_, a +lineal descendant of the famous Johnie of Gilnockie, who was known on the +Borders by the name of _Christie's Will_, to distinguish him from the +other members of his family and clan. He flourished during the reign of +Charles I., a circumstance which shows that moss-trooping did not +altogether cease at the union of the Crowns. It is related that, on one +occasion, Christie's Will had got into trouble, and was imprisoned in the +Tolbooth of Jedburgh. The Lord High Treasurer, the Earl of Traquair, who +was visiting in the district, was led to enquire as to the cause of his +confinement. The prisoner told him, with a pitiful expression of +countenance, that he had got into grief for stealing two _tethers_ +(halters). The eminent statesman was astonished to hear that such a +trivial offence had been so severely punished, and pressed him to say if +this was the only crime he had committed. He ultimately reluctantly +acknowledged that there were two _delicate colts_ at the end of them! This +bit of pleasantry pleased his lordship, and through his intercession the +culprit was released from his imprisonment. + +It was a fortunate thing for Lord Traquair that he acted as he did. A +short time afterwards he was glad to avail himself of the services of the +man whom he had thus been the means of setting at liberty. The story is +one of the most romantic on record, and amply justifies the adage that +"truth is stranger than fiction." A case, in which the Earl was deeply +interested, was pending in the Court of Session. It was believed that the +judgment would turn on the decision of the presiding judge, who has a +casting vote in the case of an equal division among his brethren. It was +known that the opinion of the president was unfavourable to Traquair; and +the point was, therefore, to keep him out of the way when the question +should be tried. In this dilemma the Earl had recourse to Christie's Will, +who at once offered his services to _kidnap_ the president. He discovered +that it was the judge's usual practice to take the air on horseback, on +the sands of Leith, without an attendant. One day he accosted the +president, and engaged him in conversation. His talk was so interesting +and amusing that he succeeded in decoying him into an unfrequented and +furzy common, called the Frigate Whins, where, riding suddenly up to him, +he pulled him from his horse, muffled him in a large cloak which he had +provided, and rode off with the luckless judge trussed up behind him. +Hurrying across country as fast as his horse could carry him, by paths +known only to persons of his description, he at last deposited his heavy +and terrified burden in an old castle in Annandale, called the Tower of +Graham. The judge's horse being found, it was concluded he had thrown his +rider into the sea; his friends went into mourning, and a successor was +appointed to his office. Meanwhile the disconsolate president had a sad +time of it in the vault of the castle. His food was handed to him through +an aperture in the wall, and never hearing the sound of human voice, save +when a shepherd called his dog, by the name of _Batty_, and when a female +domestic called upon _Maudge_, the cat. These, he concluded, were +invocations of spirits, for he held himself to be in the dungeon of a +sorcerer. The law suit having been decided in favour of Lord Traquair, +Christie's Will was directed to set the president at liberty, three months +having elapsed since he was so mysteriously spirited away from the sands +at Leith. Without speaking a single word, Will entered the vault in the +dead of night, again muffled up in the president's cloak, set him on a +horse, and rode off with him to the place where he had found him. The joy +of his friends, and the less agreeable surprise of his successor, may be +more easily imagined than described, when the judge appeared in court to +reclaim his office and honours. All embraced his own persuasion that he +had been spirited away by witchcraft; nor could he himself be convinced to +the contrary, until, many years afterwards, happening to travel in +Annandale, his ears were saluted once more with the sounds of _Maudge_ and +_Batty_--the only notes which had reached him during his long confinement. +This led to the discovery of the whole story, but in those disorderly +times it was only laughed at as a fair _ruse de guerre_.[105] + +The victim of this extraordinary stratagem was Sir Alexander Gibson, +better known as Lord Durie. He became a Lord of Session in 1621, and died +in 1646, so that the incident here related must have taken place betwixt +these periods. + +The version of this incident, given in the well, known ballad "Christie's +Will," if not so romantic as the foregoing, is certainly more amusing. The +balladist represents Lord Traquair as "sitting mournfullie," afraid lest +the vote of the Court of Session would make him bare at once of land and +living-- + + "But if auld Durie to heaven were flown, + Or if auld Durie to hell were gane, + Or ... if he could be but ten days stoun ... + My bonnie braid lands would still be my ain. + + +At this juncture Christie's Will offers his services-- + + "O, mony a time, my Lord," he said, + "I've stown the horse frae the sleeping loun; + But for you I'll steal a beast as braid, + For I'll steal Lord Durie frae Edinburgh toun." + + "O, mony a time, my Lord," he said, + "I've stown a kiss frae a sleeping wench; + But for you I'll do as kittle a deed, + For I'll steal an auld lurdane off the bench." + + He lighted at Lord Durie's door, + And there he knocked maist manfullie; + And up and spake Lord Durie sae stour, + "What tidings, thou stalwart groom, to me?" + + "The fairest lady in Teviotdale, + Has sent, maist reverent sir, for thee. + She pleas at the Session for her land a' hail, + And fain she would plead her cause to thee." + + "But how can I to that lady ride + With saving of my dignitie?" + "O a curch and mantle ye may wear, + And in my cloak ye sall muffled be." + + Wi' curch on head, and cloak ower face, + He mounted the judge on a palfrey fyne; + He rode away, a right round pace, + And Christie's Will held the bridle reyne. + + The Lothian Edge they were not o'er, + When they heard bugles bauldly ring, + And, hunting over Middleton Moor, + They met, I ween, our noble king. + + When Willie looked upon our king, + I wot a frightened man was he! + But ever auld Durie was startled more, + For tyning of his dignitie. + + The king he crossed himself, I wis, + When as the pair came riding bye-- + "An uglier croon, and a sturdier loon, + I think, were never seen with eye." + + Willie has hied to the tower of Græme, + He took auld Durie on his back, + He shot him down to the dungeon deep, + Which garr'd his auld banes gae mony a crack. + + * * * * * + + The king has caused a bill be wrote, + And he has set it on the Tron-- + "He that will bring Lord Durie back + Shall have five hundred merks and one." + + Traquair has written a braid letter, + And he has seal'd it wi' his seal, + "Ye may let the auld Brock out o' the poke; + The land's my ain, and a's gane weel." + + O Will has mounted his bony black, + And to the tower of Græme did trudge, + And once again, on his sturdy back, + Has he hente up the weary judge. + + He brought him to the Council stairs, + And there full loudly shouted he, + "Gie me my guerdon, my sovereign liege, + And take ye back your auld Durie!" + + +Important as this service was, it was not the only one that Christie's +Willie rendered to the Earl of Traquair. He was sent, on one occasion, +with important papers to Charles I., and received an answer to deliver, +which he was strictly charged to place in the hands of his patron. "But in +the meantime," says Sir Walter Scott, "his embassy had taken air, and +Cromwell had despatched orders to entrap him at Carlisle. Christie's Will, +unconscious of his danger, halted in the town to refresh his horse, and +then pursued his journey. But as soon as he began to pass the long, high, +and narrow bridge that crosses the Eden at Carlisle, either end of the +pass was occupied by parliamentary soldiers, who were lying in wait for +him. The Borderer disdained to resign his enterprise, even in these +desperate circumstances; and at once forming his resolution, spurred his +horse over the parapet. The river was in high flood. Will sunk--the +soldiers shouted--he emerged again, and, guiding his horse to a steep +bank, called the Stanners, or Stanhouse, endeavoured to land, but +ineffectually, owing to his heavy horseman's cloak, now drenched in water. +Will cut the loop, and the horse, feeling himself disembarrassed, made a +desperate exertion, and succeeded in gaining the bank. Our hero set off, +at full speed, pursued by the troopers, who had for a time stood +motionless in astonishment, at his temerity. Will, however, was well +mounted; and, having got the start, he kept it, menacing with his pistols, +any pursuer who seemed likely to gain on him--an artifice which succeeded, +although the arms were wet and useless. He was chased to the river Esk, +which he swam without hesitation, and, finding himself on Scottish ground, +and in the neighbourhood of friends, he turned on the northern bank, and +with the true spirit of the Borderer, invited his followers to come +through and drink with him. After this taunt he proceeded on his journey, +and faithfully accomplished his mission."[106] + +If Christie's Will may be regarded as the last Border freebooter of any +note, it is evident that the peculiar genius of the family to which he +belonged survived in full vigour to the end. + +But the last of the Armstrongs who paid the penalty of death for his +misdeeds was _Willie of Westburnflat_. It is said that a gentleman of +property, having lost twelve cows in one night, raised the country of +Teviotdale, and traced the robbers into Liddesdale, as far as the house of +Westburnflat. Fortunately, perhaps, for his pursuers, Willie was asleep +when they came, and consequently without much difficulty they secured him, +and nine of his friends. They were tried in Selkirk, and though the jury +did not discover any direct evidence against them to convict them of the +special fact, they did not hesitate to bring in a verdict of guilty, on +the ground of their general character as "notour thieves and limmers." +When sentence was pronounced, Willie sprang to his feet, and laying hold +of the oaken chair on which he had been sitting, broke it in pieces, and +called on his companions who were involved in the same doom, to stand +behind him and he would fight his way out of Selkirk with these weapons. +But, strange to relate, they held his hands, and besought him to let them +_die like Christians_. They were accordingly executed in due form of law. +This incident is said to have happened at the last circuit court held in +Selkirk.[107] + +Willie Armstrong, as he stood under the gallows-tree, might appropriately +have sung the lines composed by _Ringan's Sandi_, a relative of his own, +who was executed for the murder of Sir John Carmichael, the warden of the +Middle Marches-- + + This night is my departing night, + For here nae langer must I stay; + There's neither friend nor foe o' mine, + But wishes me away. + + What I have done through lack of wit, + I never, never can recall; + I hope ye're a' my friends as yet; + Good night, and joy be with you all! + + + + + +XIV. + +UNDER THE BAN. + + The Cardinal rose with a dignified look, + He called for his candle, his bell, and his book! + In holy anger, and pious grief, + He solemnly cursed that rascally thief! + He cursed him at board, he cursed him in bed; + From the sole of his foot to the crown of his head; + He cursed him in sleeping, that every night + He should dream of the devil, and wake in a fright; + He cursed him in eating, he cursed him in drinking, + He cursed him in coughing, in sneezing, in winking; + He cursed him in sitting, in standing, in lying; + He cursed him in walking, in riding, in flying; + He cursed him in living, he cursed him in dying! + Never was heard such a terrible curse! + But what gave rise to no little surprise, + Nobody seemed one penny the worse. + + THE JACKDAW OF RHEIMS. + + +As might be expected, the existence of such an extraordinary phenomenon as +Border reiving did not escape the attention of the Church. Such a peculiar +state of affairs could not be regarded with favour, or treated with +indifference. It may be said, no doubt, that the continued existence of +such an abnormally lawless and chaotic condition of society on the Borders +indicated that the ecclesiastical authorities were either singularly +inept, or reprehensibly careless. Why was some attempt not made long +before to curb the lawless spirit of the Border reivers? With the +exception of the "monition of cursing" by Gavin Dunbar, Archbishop of +Glasgow, little or nothing seems to have been done by the Church to stem +the tide of Border lawlessness. + +In dealing, however, with this phase of the question, there are several +considerations which ought to be borne in mind. First of all, it ought to +be remembered that while Border reiving was carried on with more or less +persistence for some hundreds of years it did not attain really portentous +dimensions till well on towards the close of the fifteenth century. Prior +to the time of the Jameses, the two countries may be said to have been +almost constantly at war. Invasion followed invasion, on the one side and +on the other, with a kind of periodic regularity. From the time of James +I., onwards to the union of the Crowns in 1603, such invasions, at least +on the same large and destructive scale, became less frequent; though, in +the intervals of peace, the Borderers kept themselves busy harassing and +despoiling each other. This period of comparative calm, it may be +remarked, is also synchronous with the decadence of Romanism. From the +time of Queen Margaret, of pious memory, to the death of Robert III., the +Romish Church enjoyed a period of signal prosperity. Abbeys and +monasteries, many of them buildings of great architectural beauty, were +erected in different parts of the country, and became important centres of +moral and religious authority and influence. Whatever opinion may be +entertained regarding Romanism, whether regarded from an ecclesiastical or +theological standpoint, the majority of fairly unprejudiced students will +be ready to admit that the system was, in many respects, admirably adapted +to the circumstances of the country at that particular stage of its +development. A strong hand was needed to curb and guide the lawless and +turbulent factions of which the nation was composed. It is more than +doubtful if, under any other ecclesiastical system--bad as things +were--the same beneficent results would have been attained. + +But powerful as the Romish Church was in the country, in the heyday of its +prosperity, it never attained the same undisputed sway in Scotland which +marked its history in other countries, especially on the Continent. The +reason of this is not difficult to discover, though it must be sought for +far back in the religious history of the people. The Celtic Church, +founded by St. Columba, was neither in doctrine nor polity exactly on +Roman Catholic lines. It sought in the East rather than in the West, in +Ephesus rather than Rome, its ideals of worship and doctrine. Romanism +succeeded in establishing itself only after a long and arduous struggle. +And when at last victory had been achieved, and the Church in Scotland +had been Romanized, it was discovered that while the form had changed, the +spirit of the older Church still survived, and when occasion arose, made +itself felt in no uncertain manner. There can be no question that the +influence of the Celtic Church continued long after the Church itself had +passed away. It is a noteworthy fact that neither the rulers of the +people, nor those over whom they exercised authority, were prepared to +submit implicitly to the dictation of the Romish see. Their obedience to +the great temporal head of the Catholic religion was never either servile +or unlimited. They were prepared to take their own way in many things, +treating often with much indifference the fulminations of their spiritual +superiors. Many illustrations of this tendency may be found in the history +of the country. On one occasion, for example, William the Lion appointed +his chaplain to the Bishopric of St. Andrews. An English monk was chosen +by the Chapter to the same office, and thus a complete deadlock was +brought about. What was to be done? The ecclesiastical authorities +appealed to the Pope, who was indignant when he learned that the authority +of the Church was being thus rudely trampled upon. He conferred legatine +powers on the Archbishop of York, and the Bishop of Durham, to "direct the +thunder of excommunication" against the King in the event of contumacy. +But notwithstanding the extreme gravity of the situation the King +stubbornly refused to yield. He not only set the papal authority at +defiance, but he banished from the country those who dared to yield to the +papal favourite. + +This is not, by any means, an isolated instance of stubborn and successful +resistance to the authority of the Church. The same thing, in other +circumstances, occurred again and again, with the result that the terrors +of excommunication ceased to be dreaded. + +This, of course, was especially the case during the decadent period of the +Catholic _regime_. There are numerous indications in the literature of the +fifteenth and sixteenth centuries of this weakening of the ecclesiastical +authority. The picture which Sir David Lindsay has drawn of the condition +of the Church at this period is no mere spiteful exaggeration, but may be +accepted as substantially accurate. Nothing could well more clearly +indicate how thoroughly the Church had failed to keep in touch with the +intellectual life of the nation, or guide and control its moral and +spiritual activities. + +It was during this period of weakness, almost of total moral collapse, +that the Archbishop of Glasgow took it upon him to excommunicate the +Border thieves. Had the same vigorous measure been adopted at an earlier +period, the result might have been more favourable. As it was, the +launching of this ecclesiastical thunderbolt really created more +amusement than consternation. It was regarded simply as the growl of a +toothless lion. In no circumstances were the Border reivers easily +intimidated. Their calling had made them more or less indifferent to the +claims alike of Church and State. They had never had much affection for +the king, and they had, perhaps, still less for the priest. Having shaken +themselves free, to a large extent at least, from the control of the +State, they were not prepared to put their neck under the yoke of an +ecclesiastical authority which even the best men of the age had ceased to +venerate. But the Archbishop felt that he had a duty to discharge, and he +applied himself to the task with commendable vigour. It may be well to +explain that there are two forms of excommunication--_excommunicatio +major_ and _excommunicatio minor_. The former mode of excommunication is +one of which we in these days happily know nothing, as it can only be +effectively carried out with the approval and assistance of the State, +which in modern times would never be granted. But the latter form is still +common. It has been retained in the Church as a point of discipline, or, +to use a well known and significant theological phrase, as a _poena +medicinalis_. The major excommunication was a frightful weapon, and might +well be dreaded. Those who suffered the greater excommunication were +excluded from the Mass, from burial in consecrated ground, from +ecclesiastical jurisdiction, and practically from all intercourse with +their fellow Christians. They were, in short, handed over body and soul to +the devil. + +The "Monition of Cursing," issued by the Archbishop of Glasgow against the +Border thieves, was ordered to be read from every pulpit in the diocese, +and circulated throughout the length and breadth of the Borders. It is a +curious document, and will, doubtless, be read with interest, if not with +profit. It was expressed in the following terms:-- + +"GUDE FOLKS, heir at my Lord Archibischop of Glasgwis letters under his +round sele, direct to me or any uther chapellane, makand mensioun, with +greit regrait, how hevy he beris the pietous, lamentabill, and dolorous +complaint that pass our all realme and cummis to his eris, be oppin voce +and fame, how our souverane lordis trew liegis, men, wiffis and barnys, +bocht and redemit be the precious blude of our Salviour Jhesu Crist, and +levand in his lawis, ar saikleslie[108] part murdrist, part slayne, brynt, +heryit, spulzeit and reft, oppinly on day licht and under silens of the +nicht, and thair takis[109] and landis laid waist, and thair self banyst +therfra, als wele kirklandis as utheris, be commoun tratouris, +revaris,[110] theiffis, duelland in the south part of this realme, sic as +Tevidale, Esdale, Liddisdale, Ewisdale, Nedisdale, and Annanderdaill; +quhilkis hes bene diverse ways persewit and punist be the temperale swerd +and our Soverane Lordis auctorite, and dredis nocht the samyn. + +"And thairfoir my said Lord Archibischop of Glasgw hes thocht expedient to +strike thame with the terribill swerd of halykirk, quhilk thai may nocht +lang endur and resist; and hes chargeit me, or any uther chapellane, to +denounce, declair and proclame thaim oppinly and generalie cursit, at this +marketcroce, and all utheris public places. + +"Heirfor throw the auctorite of Almichty God, the Fader of hevin, his Son, +our Salviour, Jhesu Crist, and of the Halygaist; throw the auctorite of +the Blissit Virgin Sanct Mary, Sanct Michael, Sanct Gabriell, and all the +angellis; Sanct John the Baptist, and all the haly patriarkis and +prophets; Sanct Peter, Sanct Paull, Sanct Andro, and all haly appostillis; +Sanct Stephin, Sanct Laurence, and all haly mertheris[111]; Sanct Gile, +Sanct Martyn, and all haly confessouris; Sanct Anne, Sanct Katherin, and +all haly virginis and matronis; and of all the sanctis and haly cumpany of +hevin; be the auctorite of our Haly Fader the Paip and his cardinalis, and +of my said Lord Archibischop of Glasgw, be the avise and assistance of my +lordis, archibischop, bischopis, abbotis, priouris, and utheris prelatis +and ministeris of halykirk, I DENOUNCE, PROCLAMIS, and DECLARIS all and +sindry the committaris of the said saikles murthris, slauchteris, +brinying, heirschippes, reiffis, thiftis, and spulezeis, oppinly apon day +licht and under silence of nicht, alswele within temporale landis as +kirklandis; togither with thair part takaris, assistaris, supplearis, +wittandlie resettaris of thair personis, the gudes reft and stollen be +thaim, art or part thereof, and their counsalouris and defendouris, of +thair evil dedis generalie cursit, waryit,[112] aggregeite, and +reaggregeite, with the greit cursing. + +"I CURSE thair heid and all the haris of thair heid; I CURSE thair face, +thair ene, thair mouth, thair neise, thair toung, thair teith, thair crag, +thair schulderis, thair breist, thair hert, thair stomok, thair bak, thair +wame, thair armes, thair leggis, thair handis, thair feit, and everilk +part of thair body, frae the top of thair heid to the soill of thair feit, +befoir and behind, within and without. I CURSE thaim gangand, and I CURSE +thaim rydand; I CURSE thaim standand, and I CURSE thaim sittand; I CURSE +thaim etand, I CURSE thaim drinkand; I CURSE thaim walkand,[113] I CURSE +thaim sleepand; I CURSE thaim rysand, I CURSE thaim lyand; I CURSE thaim +at hame, I CURSE thaim fra hame; I CURSE thaim within the house, I CURSE +thaim without the house; I CURSE thair wiffis, thair banris, and thair +servandis participand with thaim in thair deides. I WARY[114] thair +cornys, thair catales, thair woll, thair scheip, thair horse, thair swyne, +thair geise, thair hennys, and all thair quyk gude.[115] I WARY thair +hallis, thair chalmeris, thair kechingis, thair stabillis, thair barnys, +thair biris, thair bernyardis, thair cailyardis, thair plewis, thair +harrowis, and the gudis and housis that is necessair for thair +sustentatioun and weilfair. All the malesouns and waresouns[116] that ever +gat warldlie creatur sen the begynnyng of the warlde to this hour mot +licht apon thaim. The maledictioun of God, that lichtit apon Lucifer and +all his fallowis, that strak thaim frae the hie hevin to the deip hell, +mot licht apon thaim. The fire and the swerd that stoppit Adam fra the +yettis of Paradise, mot stop thaim frae the gloir of Hevin, quhill[117] +thai forbere and mak amendis. The malesoun that lichtit on cursit Cayein, +quhen he slew his bruther just Abell saiklessly, mot licht on thaim for +the saikles slauchter that thai commit dailie. The maledictioun that +lichtit apon all the warlde, man and beist, and all that ever tuk life, +quhen all wes drownit be the flude of Noye, except Noye and his ark, mot +licht apon thame and droune thame, man and beist, and mak this realm +cummirles[118] of thame for thair wicket synnys. The thunnour and +fireflauchtis[119] that [Greek: x]et doun as rane apon the cities of +Zodoma and Gomora, with all the landis about, and brynt thame for thair +vile synnys, mot rane apon thame, and birne thaim for oppin synnys. The +malesoun and confusioun that lichtit on the Gigantis for thair oppressioun +and pride, biggand the tour of Babiloun, mot confound thaim and all thair +werkis, for thair oppin reiffs and oppressioun. All the plagis that fell +apon Pharao and his pepill of Egipt, thair landis, corne and cataill, mot +fall apon thaim, thair takkis, rowmys[120] and stedingis, cornys and +beistis. The watter of Tweid and utheris watteris quhair thai ride mot +droun thaim, as the Reid Sey drownit King Pharao and his pepil of Egipt, +persewing Godis pepill of Israell. The erd mot oppin, riffe and +cleiff,[121] and swelly thaim quyk[122] to hell, as it swellyit cursit +Dathan and Abiron, that ganestude Moeses and the command of God. The wyld +fyre that byrnt Thore and his fallowis to the nowmer of twa hundreth and +fyty, and utheris 14,000 and 700 at anys, usurpand aganis Moyses and +Araon, servandis of God, mot suddanely birne and consume thaim dailie +ganestandand the commandis of God and halykirk. The maledictioun that +lichtit suddanely upon fair Absolon, rydand contrair his fader, King +David, servand of God, throw the wod, quhen the branchis of ane tre +fred[123] him of his horse and hangit him be the hair, mot licht apon +thaim, rydand agane trewe Scottis men, and hang thaim siclike that all the +warld may se. The maledictioun that lichtit apon Olifernus, lieutenant to +Nabogodonoser, makand weir and heirschippis apon trew cristin [_sic_] men; +the maledictioun that lichtit apon Judas, Pylot, Herod, and the Jowis that +crucifyit Our Lord, and all the plagis and trublis that lichtit on the +citte of Jherusalem thairfor, and upon Symon Magus for his symony, bludy +Nero, cursit Ditius Makcensius, Olibruis, Julianus, Apostita and the laiff +of the cruell tirrannis that slew and murthirit Cristis haly servandis, +mot licht apon thame for thair cruell tiranny and murthirdome of cristin +pepill. And all the vengeance that ever wes takin sen the warlde began for +oppin synnys, and all the plagis and pestilence that ever fell on man or +beist, mot fall on thaim for thair oppin reiff, saiklesse slauchter and +schedding of innocent blude. I DISSEVER and PAIRTIS thaim fra the kirk of +God, and deliveris thaim quyk to the devill of hell, as the Apostill Sanct +Paull deliverit Corinthion. I INTERDITE the places thay cum in fra divine +service, ministracioun of the sacramentis of halykirk, except the +sacrament of baptissing allanerllie;[124] and forbiddis all kirkmen to +schriffe or absolve thaim of thaire synnys, quhill[125] they be first +absolyeit of this cursing. I FORBID all cristin man or woman till have +ony cumpany with thaime, etand, drynkand, spekand, prayand, lyand, +gangand, standand, or in any uther deid doand, under the paine of deidly +syn. I DISCHARGE all bandis, actis, contractis, athis, and obligatiounis +made to thaim be ony persounis, outher of lawte,[126] kyndenes or manrent, +salang as thai susteine this cursing; sua that na man be bundin to thaim, +and that thai be bundin till all men. I TAK fra thame and cryis doune all +the gude dedis that ever thai did or sall do, quhill thai ryse frae this +cursing. I DECLARE thaim partles[127] of all matynys, messis, evinsangis, +dirigeis or utheris prayeris, on buke or beid; of all pilgrimagis and +almouse dedis done or to be done in halykirk or be cristin pepill, +enduring this cursing. + +"And, finally, I CONDEMN thaim perpetualie to the deip pit of hell, to +remain with Lucifeir and all his fallowis, and thair bodeis to the +gallowis of the Burrow Mure, first to be hangit, syne revin and ruggit +with doggis, swyne and utheris wyld beists, abhominable to all the warld. +And thir candillis gangis frae your sicht, as mot[128] thair saulis gang +fra the visage of God, and thair gude fame fra the warld, quhill thai +forbeir thair oppin synnys foirsaidis and ryse frae this terribill +cursing, and mak satisfaction and pennance."[129] + + + + + +XV. + +THE TRIUMPH OF LAW. + + 'Tis clear a freebooter doth live in hazard's train, + A freebooter's a cavalier that ventures life for gain, + But since King James the Sixth to England went, + There's been no cause of grief or discontent, + And he that hath transgressed the law since then, + Is no freebooter but a thief from men. + + SATCHELL. + + +When we turn our attention to the study of the causes which ultimately +resulted in the abolition of Border reiving, we find that this desirable +end was brought about, to a considerable extent at least, by a change of +environment. Conditions were gradually created which made the old system +not only undesirable, but unnecessary, both from a political and economic +point of view. An important step was taken when Buccleuch, at the +instigation of "the powers that be," drafted off large numbers of the +"broken men" to the Belgic wars. In the campaigns which were then being +conducted in the Low Countries, these hardy, valiant Borderers no doubt +gave a good account of themselves; but, so far as can be ascertained, few +of them ever returned to "tell the tale." Still more drastic measures +were adopted in order to get rid of the Græmes, who inhabited the +Debateable land, and whose depredations had provoked a bitter feeling of +resentment on both sides of the Border. It seemed hopeless to expect any +improvement in their habits so long as they were allowed to remain where +they were, and so they were banished from the country, shipped across the +channel to the Emerald Isle, where it is to be hoped they found a +congenial sphere, and sufficient scope for their abilities. Perhaps in +course of time they settled down to a more orderly, if less exciting, mode +of life than that to which they had hitherto been accustomed. + +But, notwithstanding the removal of these lawless men from the Borders, it +was found that those who had been left at home were either unwilling or +unable to abandon their reiving habits. The disease had long been chronic, +and those responsible for the government of the country began to realise +that the cure was not to be effected in any instantaneous fashion. Time +and patience were alike necessary in order to the successful +accomplishment of the end desiderated. The task of restoring order, more +especially in the Liddesdale district, was committed to the able hands of +the "Bold Buccleuch." When he returned from abroad he was invested with +the most arbitrary powers to execute justice on the malefactors, and he +went about his work in the most resolute and business-like manner. Well +known thieves were apprehended and immediately put to death. There were no +prisons to lodge them in, and as it would have been, in most cases, a +sheer waste of time to subject them to any form of trial--most of them +being well known depredators who gloried in their crimes--they were +executed without ceremony. In this way large numbers of the worst +characters were disposed of, and a wholesome fear created in the minds of +those who were fortunate enough to escape the gallows. If Buccleuch, in +his rash and impetuous youth, was responsible for much of the mischief +done on the Borders, he amply atoned for his indiscretions by the splendid +services he now rendered to the State in suppressing lawlessness, and +inaugurating, in this distracted region, the reign of law and order. His +name will remain indissolubly associated with one of the most eventful and +stirring periods in Border history, and we feel certain that the fame of +his prowess will not suffer from a more minute acquaintance with the +varied incidents of his remarkable career. + +But the main factors in the social and moral regeneration of the Borders +were-- + + (1) The Union of the Crowns. + + (2) The Planting of Schools. + + (3) The Restoration of the Church. + + +This order may not represent, and we do not think it does represent, the +relative value of the influences which produced the radical and +significant change which now took place in the habits and life of the +people on both sides of the Border. But it will best suit our purpose to +consider these agencies in the order stated. + +For a period of wellnigh four hundred years it had been the ambition of +successive English monarchs to reduce Scotland to a state of vassalage. +From the time of Edward this object was never altogether lost sight of. +Again and again the project seemed on the eve of accomplishment, but some +untoward event always occurred to render the scheme abortive. Doubtless, +had the union of the Crowns taken place at an earlier period, both +countries would have escaped some unpleasant and regrettable experiences. +There can be no doubt that the hostility which marked the relationships of +the two nations, had--at least from an economic point of view--an +injurious effect on the people of Scotland. Industry in all its branches +was crippled by the constant turmoil which prevailed. The Scottish kings, +moreover, were "cribb'd, cabin'd, confin'd" by the ambitions and +jealousies of a turbulent and factious nobility, who, in their relations +to the State, were too frequently dominated by unpatriotic and selfish +motives. Had it been possible for the sovereign to lay a strong hand on +his nobles, and compel them to pay more regard to imperial interests than +to their own private ends and petty jealousies, all might have been well. +But such a course was often practically impossible. The barons were all +powerful within their own domain, and when it served their purposes they +seldom hesitated even to usurp the authority of the king. This abnormal +condition of affairs made the government of the country a matter of +extreme difficulty, and gave rise to endless trouble and vexation. No +doubt it may legitimately be argued that, painful as this state of matters +undoubtedly was, it was after all better that the Scottish nation should +have retained its independence, with all the drawbacks attaching thereto, +than that it should have conceded the demand of England for annexation. +The difficulties of the situation were the making of the people. This may +be frankly admitted. But, at the same time, it was a good thing for the +country when at last the Scottish king ascended the English throne, and +became the ruler of both nations. A new era was thus inaugurated, an era +of progressive wellbeing in nearly every department of national life. + +It is worthy of note that, for a few years before James succeeded to the +throne of England, his feeling towards the Scottish Borderers had become +considerably modified. Whether this was due to the influence of the +reproachful letters on the state of the Borders addressed to him by +Elizabeth, or to the additional subsidy of £2000 per annum, now guaranteed +to him out of the English exchequer, is a question about which there may, +legitimately, be difference of opinion. In any case he now saw that it +would be advantageous, from a personal as well as from a national point of +view, to curb as far as he possibly could the lawless propensities of the +reiving fraternity. In so doing he was wisely anticipating the time when +he would be responsible for good rule on both sides of the Border. It may +thus be said that even the prospect of the union of the Crowns under James +had a beneficial effect. Coming events cast their shadows before. It led +to the adoption of a wiser policy in regard to this particular part of the +realm, with the result that for some years prior to 1603, a noticeable +improvement had taken place in Border affairs. The wardens had become more +anxious than before to discharge the duties of their high office with +impartiality, and to use their utmost endeavour to restrain the more +lawless spirits among the clansmen over whom they exercised authority. +Crime was at once more expeditiously and severely punished. A firm hand +was laid on the ringleaders in Border strife; and though these men were +not easily daunted, and chafed bitterly under the restraints laid upon +them by those in authority, yet they were soon made to realise that a new +spirit was being infused into the administration, and that in consequence +reiving was becoming an increasingly difficult and perilous business. But +great social revolutions are not brought about in a day; and, as we shall +see, it was long ere the Borders settled down into their present normal +condition. + +When James ascended the throne of England, the change which had been +silently taking place in the management of Border affairs became at once +more marked and widespread. The effect of this event was unmistakable in +every department of the national life. It created, no doubt, considerable +bitterness and jealousy in certain sections of society in England, as it +was believed that the King was unduly partial to his own countrymen in the +bestowment of his favours. This was certainly not the case, as James was +far more anxious to conciliate his English subjects than to favour his +native land. It would have been well for him, and his successors in +office, had he discharged his duty to Scotland with less regard to English +prejudices. + +He was determined, however, at all hazards to suppress Border reiving. Ten +days after his arrival in London he issued a proclamation requiring all +those guilty of _the foul and insolent outrages_ lately committed on the +Borders, to submit themselves to his mercy before the twentieth of June, +under penalty of being excluded from it for ever. Two days after this +proclamation had been made he emitted another, declaring his fixed +resolution to accomplish the union of the two realms; in consequence of +which, the bounds possessed by the rebellious Borderers should no more be +the _extremities_ but the _middle_, and the inhabitants thereof reduced to +a perfect obedience. He said that he had found in the hearts of his best +disposed subjects of both realms, a most earnest desire for this union; +and he undertook, with the advice and consent of the Estates of both +Parliaments, to bring it about. In the meantime he declared that he +considered the two kingdoms _as presently united_; and required his +subjects to view them in the same light, and in consequence thereof, to +abstain from mutual outrages and injuries of whatever kind, under the +penalty of his highest displeasure and of suffering the strictest rigour +of justice.[130] + +In pursuance of this policy, and in order to extinguish all past +hostilities between his kingdoms, the King prohibited the name of +_Borders_ any longer to be used, substituting in its place the name +_Middleshires_. He also ordered all the places of strength, with the +exception of the habitations of noblemen and barons, to be demolished; +their iron gates to be converted into ploughshares; and the inhabitants +were enjoined to betake themselves to agriculture and other works of +peace. + +But these severe measures, accompanied as they were by the summary +execution of large numbers of the worst characters on the Borders, who, as +we have seen, were sent to the gallows without ceremony, would not have +been sufficient of themselves to eradicate the evil. More potent +influences, however, were brought into operation. The law was now +administered, not spasmodically as before, but with a continuity and +impartiality hitherto unknown and unattainable. It was the interest of the +King and of the Government to repress disorder, to punish the lawless and +disobedient, and to establish order and good rule throughout both +kingdoms; and the consequence was that, in course of time, the Border +reivers were made to realise that they must, perforce, abandon their old +habits and betake themselves to a new mode of life. This desirable end was +not attained without difficulty. Border reiving did not altogether cease +for nearly a hundred years after the union of the Crowns; but the +beginning of the seventeenth century inaugurated the period of its +decline. + +"The succession of James to the Crown of England," Ridpath remarks, "and +both kingdoms thus devolving on one sovereign, was an event fruitful of +blessing to each nation. The Borders, which for many ages had been almost +a constant scene of rapine and devastation, enjoyed, from this happy era, +a quiet and order which they had never before experienced; and the island +of Britain derived from the union of the two Crowns, a tranquility and +serenity hitherto unknown, and was enabled to exert its whole native +force. National prejudices, and a mutual resentment, owing to a series of +wars betwixt the kingdoms, carried on for centuries, still however +subsisted, and disappointed James' favourite scheme of an entire and +indissoluble union. From the same source also arose frequent disputes and +feuds upon the Marches, which by the attention of the sovereign were soon +and easily composed; and are not of moment enough to merit a particular +relation. But it required almost a hundred years, though England and +Scotland were governed all the time by a succession of the same princes, +to wear off the jealousies and prepossessions of the formerly hostile +nations, and to work such a change in their tempers and views, as to admit +of an incorporating and an effectual union."[131] + +But another and most important agent in the pacification and social +regeneration of the Borders was the development, under the fostering care +of the Church, of what is known as the Parochial system of education. The +Roman Catholic Church in earlier times was not, as has sometimes been +erroneously supposed, inimical to the intellectual culture of the nation. +In its palmy days it undertook the work of educating the people with an +enthusiasm which commands the respect of most unbiased students of our +national history. + +In this respect the monasteries, especially, rendered important services +to the community. Long before the Reformation there were at least three +classes of schools in Scotland--the "Sang Schools," connected with the +Cathedrals or more important Churches--the "Grammar Schools," which were +founded in the principal burghs in the country--and the "Monastic +Schools," which were, as the name implies, connected with the monasteries. +"The interest in education," says Prof. Story, "which had distinguished +the Columban Church, was not seriously impaired by its amalgamation with +the Church of Rome. It survived in active force, and before the foundation +of any of the existing public schools of England (the oldest of which is +Winchester, founded in 1387), we find the charge of the schools of +Roxburghshire intrusted in 1241 to the monks of Kelso, over whom was an +official called 'The Rector of the Schools.'"[132] + +But for a considerable period prior to the Reformation, the interest of +the Roman Catholic Church in education, as well as in regard to the moral +and spiritual well-being of the people, had become enfeebled. The +monasteries had ceased to be, what they were in earlier times, centres of +gracious intellectual and spiritual influence. And nowhere was this more +conspicuously the case than on the Borders. The lawlessness of the clans +reacted on the life of the Church, and instead of the Church overcoming +the malign and disintegrating influences by which it was assailed, it was +unhappily overcome by them. Education in all its branches was shamefully +neglected. The most eminent barons in the land were often unable even to +write their own names. When they were under the necessity of adhibiting +their signatures to deed or charter, the pen had to be guided by the hand +of the notary. In these circumstances it is not difficult to imagine how +densely ignorant the great body of the people must have been. + +Whatever may be said for or against the Reformation, there will be a +general consensus of opinion, among educationists especially, that the +scheme propounded by John Knox for the education of the people is in many +respects an ideal one. It is thus outlined in the Book of Discipline:--"Of +necessitie therefore we judge it, that every several kirk have one +schoolmaister appointed, such a one at least as is able to teach grammar +and the Latin tongue, if the town be of any reputation. If it be upland +where the people convene to the doctrine but once in the week, then must +either the reader or the minister there appointed take care of the +children and youth of the parish, to instruct them in the first +rudiments, especially in the Catechism [Calvin's Catechism] as we have it +now translated in the Book of Common Order, called the Order of Geneva. +And furder, we think it expedient, that in every notable town, and +specially in the town of the superintendent, there be erected a Colledge, +in which the arts, at least logick and rhetorick, together with the +tongues, be read by sufficient masters, for whom honest stipends must be +appointed. As also that provision be made for those that be poore, and not +able by themselves nor by their friends to be sustained at letters, and in +special these that come from landward."[133] + +Unfortunately, owing to the rapacity of the nobles, this splendid scheme +of national education was not carried out in its entirety. But though the +enlightened views which the Reformers thus endeavoured to impress both +upon the Parliament and the country were not so heartily and widely +adopted as they should have been, a beginning was made in the +establishment of parochial schools, and by this means the benefits of +education were brought within the reach of the great body of the people. +It has been justly remarked that if the counsel of the Reformers had been +followed, no country in the world would have been so well supplied as +Scotland with the means of extending the benefits of a liberal education +to every man capable of intellectual improvement. + +The state of the Borders, however, for at least fifty years after the +Reformation, was such as to make it difficult in some places, and all but +impossible in others, to establish and maintain parochial schools. But in +course of time, as things began to improve, owing to the more systematic +and impartial administration of the law, the work of training the youth of +the district was entered upon with energy and enthusiasm. The beneficial +results of the new regime in matters educational soon became apparent. +Crime steadily decreased. The old reiving habits were gradually, if with +difficulty, abandoned, and increased attention was given to the peaceful +pursuits of agriculture and other industries; and out of the social chaos +which had so long been a notorious feature of Border life, a healthy, +vigorous, law-abiding community was evolved. + +But the most potent factor in the pacification and moral regeneration of +the Borders was the influence and teaching of the Church. The religious +condition of the people in this part of the country, both before and after +the Reformation, can only be described as utterly deplorable. The fierce +fighting Border clans had practically broken with institutional religion +in all its forms. It is frequently said of them, and not without good +reason, that they feared neither God nor man. They delighted in robbing +and burning churches, and held both priest and presbyter in high disdain. +Johnie Armstrong of Gilnockie is credited with having destroyed, during +the course of his career, no fewer than fifty-two parish churches. The +picture of the religious condition of the Borders, as reflected in the +State Papers, is well fitted to awaken painful reflections. Eure, for +example, in a letter addressed to Queen Elizabeth, in the year 1596, +says:--"Another most grievous decay is the 'want of knowledge of God,' +whereby the better sort forget oath and duty, let malefactors go without +evidence, and favour a partie belonging to them or their friends. The +churches mostly ruined to the ground, ministers and preachers 'comfortless +to come and remain where such heathenish people are,' so there are neither +teachers nor taught."[134] In a still more doleful strain the Bishop of +Durham describes the irreligious condition of the Borders. "Diverse +persons," he says, "under pretext of danger to their persons, and some +through a careless regard of their conscience toward their flocks, besides +also other out of a continual corruption of their patrons, turn residence +into absence, whereby the people are almost totally negligent and ignorant +of the truth professed by us, and so the more subject to every subtile +seducer."[135] So completely, indeed, had religious teaching fallen into +abeyance that one writer even goes the length of affirming that "many die, +and cannot say the Lord's Prayer."[136] + +The Commission appointed to inquire into the state of affairs on the +Borders, after the breaking of Carlisle castle by Buccleuch, and to +discover, if possible, some remedy for the clamant evils which prevailed, +suggested in the first paragraph of their report "that ministers be +planted at every Border Church to inform the lawless people of their duty, +and watch over their manners--the principals of each parish giving their +prime surety for due reverence to the pastor in his office; the said +churches to be timely repaired."[137] + +The propriety and wisdom of this deliverance will not be seriously +questioned by those who have some knowledge of the motives and principles +by which human life is moulded and governed. Religion is the bulwark of +society and the State--the necessary condition alike of their existence +and wellbeing. It was therefore clearly perceived by those responsible for +the social and moral wellbeing of this much distracted region that some +effective measures must be adopted to revive the religious life of the +people. The task was none of the easiest. Ruined churches had to be +restored; ministers had to be found, and "honest stipends" provided; and +the community from an ecclesiastical point of view reorganized. And, as +might be expected, the changes contemplated were not easily or quickly +effected. Old habits are not readily abandoned, and consequently it took +many years to raise the general religious life of the Borders to the level +of that of other districts of the country where the conditions, to begin +with, were more favourable. Even in the beginning of the eighteenth +century, when that renowned minister, the Rev. Thomas Boston, began his +pastorate in Ettrick, the state of matters from a religious point of view +was such as might well have appalled the stoutest heart. His parishioners +were rude and lawless to a degree. We are told that on Sundays some of +them went, not to church, but to the churchyard, and tried to drown the +voice of the preacher by producing all sorts of discordant sounds; and +even those who ventured within the walls ostensibly to worship, would rise +up during the service with "rude noise and seeming impatience," and leave +the building. The condition of this parish--and others in the district +were probably not much better--has been not inaptly described as "an +unploughed field covered with tangled weeds and thorns, and sheltering +many foul creatures." But the morals of the people, under the influence of +the faithful ministrations of Boston, were gradually reformed, and the +desert was made to bud and blossom like the rose. And what was effected +in this particular district may be taken as a fair sample of the good work +accomplished by the Church throughout the whole length of the Borders. Its +influence was potent and far-reaching, and mighty to the pulling down of +the strongholds of evil. "How did it happen," says a modern writer, "that +the raiding and reiving race which inhabited the Borders became so +peaceful and law-abiding? That were a long tale to tell, but the credit of +it belongs to those preachers Sir Walter was too superfine and cavalier to +understand. In this work his own great-grandfather, for nineteen years the +faithful and diligent minister of Yarrow, bore his own part, and, though +the great-grandson owed his genius to his mother, the minister's +grand-daughter, he failed to appreciate the most characteristic treasure +of his inheritance. He remembered that Richard Cameron--founder of the +Cameronians, sternest of Presbyterian sects--was once chaplain to the +Harden Scotts, but he could see no heroism in the uncompromising preacher, +who had dared to rebuke Harden's too compliant faith and indulgent temper. +Yet over Annandale, throughout Moffatdale, thence flowing over into the +Forest, the name of Cameron was one of power. The heroic strain in him +suited the mood of the ancient reivers, who loved strength and iron in the +blood. But the Scotts had ridden and lorded it over the Marches too long +to love iron in any blood save their own. Their feud with the preachers +began early, for John Welsh, Knox's son-in-law, was persecuted out of +Selkirk, whither he had gone to convert the souters and reform the +freebooters of the Forest, by a Scott of Headshaw. But the man who ought +here to be placed foremost is a man who became minister of Ettrick three +years before John Rutherford, Scott's ancestor, died--Thomas Boston. +Cotter Morrison quoted some of his fierce sayings with the horror of a son +of light suddenly confronting an altogether incredible darkness. But no +man ignorant of the deeds of Boston can judge his speech. In some of his +words there is a wonderful tenderness, in his acts a marvellous integrity, +and in his thought a rare power to move the hearts, stir the consciences, +and awaken the intellects of his people. It was a brave thing to make the +stern Presbyterian discipline a reality among these men of the Forest, in +whom the old reiving instinct was still strong, at once kept alive and +glorified by the ballads which were known in every cottage, and recited at +every hearth. But the man was patient and strong enough to do it; nothing +was too minute to escape his eye; nothing was too inveterate to silence or +too ancient to overcome his religion."[138] It is undoubtedly to the +influence of such preachers, men of faith and character, scholarship and +genius, that Borderers owe many of the best qualities, both of intellect +and heart, for which, in later times, they have become distinguished. + + + + +XVI. + +THE HARVEST OF PEACE. + + When this loose behaviour I throw off, + And pay the debt I never promised, + By how much better than my word I am, + By so much shall I falsify men's hope; + And, like bright metal on a sullen ground, + My reformation, glittering o'er my fault, + Shall show more goodly, and attract more eyes, + Than that which hath no foil to set it off. + + SHAKESPEARE. + + +To those familiar with the history of Border reiving it may appear, on the +first glance, somewhat inexplicable that in those districts where the +system was most deeply rooted there should now be found one of the most +orderly and law-abiding communities in the country. The old leaven, it +would seem, has worked itself out, and that, too, with a rapidity and +thoroughness which some may find difficult to reconcile with the modern +doctrine of heredity. The laws of evolution, whether in the physical or +social sphere, may operate with the precision and certainty of destiny, +but the changes effected are brought about slowly, and with well-graded +regularity. No doubt fifty or a hundred years is a considerable period +measured by the standard of the individual life, but it is a brief term in +the history of a nation or people. While considerable changes may take +place in the course of a century, yet these are often of a more or less +superficial character, affecting only to a limited extent the thoughts, +habits, and customs of a community. In the present instance, however, the +changes which took place in the life of the Border clans seem to have been +as thorough as they were rapid. In a comparatively short time the Borders, +from being one of the most lawless and disorderly districts in the +country, became an example to both kingdoms in honesty, sobriety, and true +patriotism. Such epithets as "brutal Borderers" and "lewd Liddesdales," so +freely banded about in earlier times, especially by the English wardens, +speedily lost their significance. Those lawless reivers, whom neither +warden nor king could effectively control, were not difficult to induce, +when the proper time came, to turn their swords into ploughshares and +their spears into pruning hooks, and to settle down to a well-ordered, +industrious, and peaceful mode of life. This phenomenon may doubtless be +accounted for on purely natural principles. The explanation, indeed, is +not difficult to discover. As we have already seen, the worst characters, +the "broken men"--those who had no chiefs who could be made responsible +for their good behaviour--were expatriated--sent to Holland and +elsewhere--and consequently ceased to give further trouble. And it may be +said in regard to those who remained that while they had spent the best +part of their lives in appropriating the goods and chattels of their +English neighbours, they were not by any means the depraved and degraded +wretches they have so often been described. Far from it. These men for the +most part believed, rightly or wrongly, that in despoiling and harassing +their English neighbours they were rendering an important service to their +country. They looked upon their reiving as being of the nature of +reprisal. Time and again they had been hunted and harried by their "auld +enemies," and they thought it no sin, whenever they found an opportunity, +to carry the war into the enemies' camp. Moreover, it seems to have been +an article of their creed--one of the "fundamentals"--that all property +was common by the laws of nature, a doctrine which, even at the present +day, is sometimes propounded with considerable show of logic by budding +Border politicians. Their ethical system was simplicity itself. Might was +right. The spoil belonged by natural law to the man who could either take +or keep it. Of course it may be said that such notions are opposed to the +foundation principles of all social and moral life. This may be conceded. +But the fact that the Border reivers looked at things from a different +point of view--while it may not mitigate the offence abstractly +considered--had an important bearing and influence on their own moral life +and character. There can be no doubt that it saved them from utter +demoralization. He that doubteth is damned. But the Borderers were fully +convinced that their action in plundering and despoiling those who lived +in the opposite Marches was commendable and right. Johnie Armstrong may be +taken as a faithful exponent of Border ethics when he says:-- + + For I've loved naething in my life, + I weel dare say it, but _honesty_. + +He leaves us in no doubt as to what he means by the assertion. He does not +deny that he took everything he could lay his hands on from the +unfortunate English. He glories in the fact. It never occurs to him that +he ought to feel ashamed of his conduct. But he avers that though he had +lived for a hundred years never a Scot's wife could have said that "ere he +had skaithed her a puir flee." It was right to rob the English; it was +disgraceful to turn your hand against anyone belonging to your own +country. Here we have the ethical system of the Border reiver in a +nutshell. + +But lawless as the Borders may have been in the olden time, they certainly +do not at the present day bear many traces of their evil past. The Border +counties, judging from the statistics of the Police and Sheriff Courts, +have an excellent record, whether we consider the number or the nature of +the cases dealt with. The following statistics speak for themselves:-- + + Average Number of Convictions + County. Population. for the last five years. + M. F. Total. + Selkirk 10,101 315 37 352 + Roxburgh 34,537 589 105 694 + Berwick 32,406 287 56 343 + Dumfries 61,274 539 74 613 + Peebles 14,761 284 41 325 + +But these statistics would appear still more favourable were it not for +the existence of what is known as the "Tweed Act," which is responsible +for a considerable proportion of the crime charged against the Border +counties. In the county of Peebles, for example, fully 17 per cent. of the +convictions recorded are under this exceptional statute. It is a law which +is often fiercely denounced both by poachers and politicians, and of which +few others have much that is kindly to say, with the exception perhaps of +the riparian proprietors; but no really serious attempt has as yet been +made to have the Tweed and its tributaries brought under the general law +of the land. But notwithstanding the existence of this fruitful source of +crime, the Borders compare not unfavourably with other districts. The +population of Caithness, for instance, is only a little over 4000 higher +than that of Berwick, and we find that the average number of convictions +in that county for the past five years is 419, a fact which shows that the +inhabitants of the south are quite as well conducted as those in the far +north. + +It is also worthy of note that the offences dealt with are for the most +part of a petty nature. There are comparatively few cases of theft, or +offences against the person. It may therefore be said that the Borders +have emerged from the evil conditions of the past, bearing few traces, if +any, of their former lawlessness. It was no doubt a hard school in which +Borderers were trained, and, perhaps, as has been remarked, some of them +are a trifle grim, and dour, and unsociable, deficient to some extent in +the softer and kindlier virtues characteristic of the inhabitants of the +western seaboard; but, considering the experiences through which they have +passed, they have no reason to be ashamed of themselves. + +And if Borderers have deficiencies arising out of the adverse +circumstances with which they had so long to contend, they have also +outstanding excellencies which have brought them well to the front in the +race of life. They are brave, outspoken, independent. They think and act +with energy and decision. They believe in themselves, rely upon their own +resources, and where the struggle is most severe they almost invariably +give a good account of themselves. Their contributions in modern times to +the social and intellectual life of the nation have been considerable, +and of a high quality. In agriculture, in commerce, in statesmanship, in +warfare, and in many other departments, they have rendered important +services. The Scotts and Kers and Elliots--names intimately associated +with Border reiving in all its phases--have long held a foremost place in +the political and social life of the country. + +But the great feature of Border life in more modern times has been the +almost marvellous efflorescence of the spirit of poesy, which has +conferred on the district a unique distinction and an imperishable charm. +It may seem strange that the home of the reiver should have become the +birthplace of poetry and song; yet a moment's reflection will suffice to +show that here are to be found all the conditions which make life a +tragedy and beget the feeling for it. The rough adventurous life of the +Border reiver, with its constant peril and hairbreadth escapes, formed, as +it were, a fitting compost for the cultivation of the tragic muse. And +what ballads have sprung from this soil watered by the very heart's blood +of its people! "The Dowie Dens of Yarrow," "The Douglas Tragedy," "Johnie +Armstrong," "Jamie Telfer of the Fair Dodhead," "The Border Widow's +Lament," "The Flowers of the Forest"--not to mention many others of almost +equal merit--have taken possession of the imaginative and emotional life +of the nation, and become part and parcel of its very being. Indeed, the +influence of this varied body of balladic lore on the thought and life and +character of the Scottish people can hardly be over-estimated. Spenser, to +whose sublime genius we are indebted for the "Faery Queen," is known to +fame as "the poet's poet." It is a high distinction, and not unworthily +bestowed. But in a still higher sense it may be said that the Border +ballads have been a perennial fountain of poetic inspiration to all lovers +of the Muse. Rough and rugged though many of them are, yet they are +dowered with that potent spell which at once captivates the heart and +awakens within it the deepest and tenderest emotions of which it is +capable. Here, if anywhere, we find the Helicon of Scotland. + +We may regret, with R. L. Stevenson, that the names of the old balladists +have disappeared from the roll of fame. It would have been interesting to +know who the singers were; but we may be thankful that the songs they sung +have come down to our later age. They are a priceless inheritance, a +glorious legacy. In these ballads the rugged cactus of Border life has +burst into the most gorgeous blossom. + +But this is not all. The ballad period, rich as it is in all the higher +elements of dramatic and poetic suggestiveness, was but the beginning of +an era of song, which has secured for the Borderland an unique +distinction. In the beginning of the eighteenth century there was born in +the manse of Ednam, in the neighbourhood of Kelso, one of the most +renowned of Border poets, James Thomson, the author of "The Seasons," "The +Castle of Indolence," "Rule Britannia," and other pieces. His early youth +was spent in the parish of Southdean, and here among the green rolling +hills, and by the quiet streams, he stored his mind and imagination with +those images of natural beauty which in later times, in a far-off city, he +embodied in immortal verse. His services to the poetic literature of his +age and country have been tardily, and often very inadequately, +appreciated. To him mainly belongs the credit of bringing the minds of men +back to nature and reality as the only genuine sources of poetic +inspiration. He was the forerunner of Cowper, and Burns, and +Wordsworth--the pioneer in a new and profoundly significant movement. + +After a considerable interval, Scott, Hogg, and Leyden appear on the +scene--names that will for ever remain enshrined in Border song and story. +Scott was a Borderer of Borderers, a descendant of Auld Wat of Harden and +Mary Scott, the Flower of Yarrow. His grandfather, on the maternal side, +was Professor Rutherford, a famous man in his day, the scion of an old +Border stock, renowned, like the Harden family, in the annals of reiving. + +Hogg and Leyden occupy a place of honourable distinction in the life and +literature of the Borders. "Kilmeny" is a masterpiece of imaginative +genius, and has won for its author a fame which the lapse of time will not +seriously impair. John Leyden, more renowned as a scholar and antiquary +than a poet, gave evidence of the possession of powers which, had he been +spared, would have secured for him a foremost place among the most +brilliant men of his age. These services which the Borders have thus +rendered to the literature of the country have been valuable and important +in a high degree. + +And--if we dare suggest it--it is not altogether improbable that even +Burns himself was sprung of a Border stock. We find in the "Border +Papers," from which much of our information regarding Border reiving has +been drawn, that the name "Burness" frequently occurs. The family bearing +this patronymic was well known in Liddesdale and the Debateable land, and +the various branches of the family, like the Armstrongs and Elliots, were +distinguished for their reiving propensities. The grandfather of the poet +found a home in Argyleshire, and Burns' father, as is well known, hailed +from Kincardineshire. The removal from the Borders of a representative of +the family may be easily accounted for. Reference has already been made to +a law which was passed by the Scottish Parliament enacting that the +various families and clans on the Borders should find pledges for their +good behaviour. These "pledges" were sent north of the Forth, and were +strictly prohibited from returning to their former haunts. It is just +possible that in this way an ancestor of Burns may have been called to +leave the Border district in the interests of his family or clan. This +much at least is certain, the name is one which was common on the Borders +in those times of which we write. But whatever truth there may be in the +suggestion we have made (it would be foolish to dogmatise in the absence +of authentic information), Burns furnishes many points of resemblance to +the distinctive traits of Border character in the olden time. His +disregard of conventionality in all its forms, combined with his +aggressive sense of independence, mark him out as of the true Border type. + +This district, once so famous as the favourite haunt of the reiver, may +now be described as one of the most peaceful in the country. Every year it +attracts an increasing number of tourists, who come from almost every part +of the world to visit its numerous shrines. To the literary and +professional classes it has become a kind of Mecca, to which they feel +constrained to resort once and again for intellectual refreshment and +inspiration. The glamour which Scott, Wordsworth, and Hogg--and many other +tuneful poets--have thrown around its green hills and bosky glens has +given it an air of enchantment to which the poetic temperament especially +is keenly sensitive. The pity is that in modern times, owing to a variety +of causes, the population in the rural districts has been steadily +decreasing. The fine hardy, thrifty, yeomen race is disappearing. Small +holdings have been consolidated, and the big farm--in too many cases--is +held by a non-resident tenant, who interests himself little, or not at +all, in the social and moral well-being of those whom he is under the +necessity of employing. This evil is one of long standing. In the +Statistical Account of Yarrow, published in 1833, Dr Russell remarks +that--"out of forty-five farms in the parish, twenty are _led_ farms. On +many of these were formerly large families, with servants and cottagers, +and there are five such lying adjacent,--a state of things the more to be +regretted, when its only advantage is a trifling addition of rent, and the +saving of outlay on farm buildings." Well may it be said-- + + "Ill fares the land, to hastening ills a prey, + Where wealth accumulates, and men decay: + Princes and lords may flourish, or may fade, + A breath can make them, as a breath has made: + But a bold peasantry, their country's pride, + When once destroyed, can never be supplied." + + + + +Footnotes: + +[1] Tytler's History, vol. I., page 43. + +[2] Tytler's History, vol. I., page 46. + +[3] Border Papers, vol. II., page 130. + +[4] Froissart, vol. II., p. 362. + +[5] Ib. + +[6] Godscroft, p. 98. + +[7] Hide. + +[8] Fend--Support. + +[9] Godscroft, pp. 99-100. + +[10] Froissart, Vol. II., p. 369. + +[11] Godscroft, p. 100. + +[12] Douglas was buried at Melrose beside his father. + +[13] Hailes' Annals, p. 111. + +[14] Maitland of Lethington, vol. I., pp. 69-71. + +[15] History of James VI. + +[16] Skene's Acts of Parliament. + +[17] Skene's Acts of Parliament. + +[18] Border Papers, vol. II., pp. 80-81. + +[19] Intro. Border Minstrelsy, pp. cxc.-cxci. + +[20] Armstrong's Liddisdale, p. 81. + +[21] Froissart, vol. I., p. 18. + +[22] Taylor's History, vol. I., p. 583. + +[23] Ridpath's Border History, p. 550. + +[24] Quoted by Sir Herbert Maxwell, Hist. Dumfries and Galloway, p. 958-9. + +[25] Quoted by Sir Herbert Maxwell, Hist. Dumfries and Galloway, p. +159-60. + +[26] Border Papers, vol. I., p. 131. + +[27] Border Papers, vol. II., pp. 147-8. + +[28] Border Papers, vol. II., p. 181. + +[29] Ib., vol. I., p. 143. + +[30] Ridpath's Border History, p. 651. + +[31] _Vide_ Border Antiquities, vol. II., App. p. xlvii. + +[32] Pitcairn's Crim. Tr., vol. I., p. 288. + +[33] Border Papers, vol. II., p. 299. + +[34] Scott's Border Antiquities, Intro. pp. xcii.-xciii. _Vide_ also +Nicholson's Border Laws, where these particulars are given more in detail, +pp. 127-129, also pp. 143-144. + +[35] Border Antiquities, p. 104. + +[36] Border Antiquities, Intro. p. xcvii. + +[37] Border Antiquities, Intro, pp. xcviii.-c. + +[38] Armstrong's Liddisdale, p. 18. + +[39] Leges Marchiarum, p. 88. + +[40] Ib., p. 122. + +[41] Leges Marchiarum, p. 88. + +[42] Leges Marchiarum, p. 94. + +[43] _Vide_ Introduction Border Antiquities, p. cviii. + +[44] Suffer for it. + +[45] Cary's Memoirs, p. 112. + +[46] Leges Marchiarum, p. 124. + +[47] Border Papers, vol. I., p. 188. + +[48] Border Papers, vol. I., p. 189. + +[49] Border Papers, vol. II., p. 163. + +[50] Border Antiquities, Intro. pp. xlvi.-xlviii. + +[51] Border Papers, vol. II., pp. 37-38. + +[52] Armstrong's Liddesdale, p. 70. + +[53] Pitscottie, p. 319. + +[54] Ib., p. 319. + +[55] Piscottie, p. 321. + +[56] Pitcairn's Criminal Trials, vol. iii., p. 31. + +[57] _Vide_ Pitcairn's Criminal Trials, vol. iii., p. 31. + +[58] Scott's Border Minstrelsy. + +[59] Border Papers, vol. i., p. 252. + +[60] Border Papers, vol. i., p. 284. + +[61] Border Papers, vol. i., p. 285. + +[62] Tytler, vol. ii., p. 275. + +[63] Leslie, p. 82. + +[64] Cary's Memoirs, pp. 72-74. + +[65] Horse newly taken from the grass. + +[66] Cary's Memoirs, pp. 45-51. + +[67] Carries. + +[68] Rafters. + +[69] Border Papers, vol. I., p. 348. + +[70] Pitcairn's Crim. Tr., vol. I., p. 37. + +[71] Celtic Scotland, vol. III. p. + +[72] _Vide_ Intro. Border Antiquities. + +[73] Border Papers, vol. I., p. 121. + +[74] Border Papers, vol. I., p. 121. + +[75] Cary's Memoirs, pp. 103-110. + +[76] Border Papers, vol. II., p. 763. + +[77] Pinkerton. + +[78] Pitcairn's Crim. Tr., vol. I., p. 154. + +[79] Pitcairn's Criminal Trials, vol. I., p. 145. + +[80] Leslie's History, p. 143. + +[81] Pinkerton's History, vol. II., p. 307. + +[82] Pitscottie, p. 342-3. + +[83] Carlenrig. + +[84] Anderson MS. Adv. Lib. f. 154. + +[85] Reg. Sec. Big., vol. 8f., 195. + +[86] Rabbits. + +[87] Are able to bear. + +[88] It is said that this and the three preceding stanzas were among those +Sir Walter Scott most delighted to quote. + +[89] Pitcairn's Criminal Trials, vol. i., p. 171. + +[90] Cheese belly. + +[91] Pitcairn's Criminal Trials, vol. i., pp. 172-3. + +[92] Border Papers, vol. I., p. 97. + +[93] Border Papers, vol. I., p. 282. + +[94] Border Papers, vol. II., p. 115. + +[95] Tytler, vol. iv. p. 244. + +[96] Border Papers, vol. ii., p. 299. + +[97] Border Papers, vol. ii., p. 313. + +[98] Border Papers, vol. ii., p. 319. + +[99] Border Papers, vol. ii. 420. + +[100] Cary's Memoirs, pp. 82-3. + +[101] Border Papers, vol. ii., p. 631. + +[102] Pitcairn's Crim. Tr., vol. i., p. 276. + +[103] Border Papers, vol. II., p. 359. + +[104] Carriers. + +[105] Border Minstrelsy, vol. iv. pp. 91-94. + +[106] Border Minstrelsy, vol. iv. pp. 95-96. + +[107] Border Minstrelsy, vol. i. p. 402. + +[108] Innocently. + +[109] Farms. + +[110] Rievers, robbers. + +[111] Martyrs. + +[112] Execrated. + +[113] Waking. + +[114] Execrate. + +[115] Live stock. + +[116] Curses and execreations. + +[117] Uunti. + +[118] Disencumbered. + +[119] Lightning. + +[120] Places. + +[121] May the earth open, split and cleave. + +[122] Swallow them alive. + +[123] Freed. + +[124] Only. + +[125] Until. + +[126] Loyalty. + +[127] Without part in. + +[128] So may. + +[129] Mr Armstrong has printed the above in his 'History of Liddesdale, +&c.,' from the 'State Papers of Henry VIII.,' vol. iv., note, pp. 417-419. + +[130] Ridpath's Border History, p. 704. + +[131] Ridpath's Border History, p. 706. + +[132] Apostolic Ministry of the Scottish Church, p. 211. + +[133] Book of Discipline, chap. vii. + +[134] Border Papers, vol. i. p. 125. + +[135] Border Papers, vol. ii. p. 323. + +[136] Border Papers, vol. i. p. 494. + +[137] Border Papers, vol. ii. p. 316. + +[138] Principal Fairbairn. + + + + +Transcriber's Notes: + +Passages in italics are indicated by _underscore_. + +Superscripted letters are shown in {brackets}. + +Additional spacing after some of the quotes is intentional to indicate +both the end of a quotation and the beginning of a new paragraph as +presented in the original text. + +Footnote 71 does not contain a page number in the orignal. + +Footnote 117 reads "Uunti" in the text, although it most likely should +be "Until." + +Some quotes are opened with marks but are not closed. Obvious errors +have been silently closed, while those requiring interpretation have +been left open. + +The following misprints have been corrected: + "neigbourhood" corrected to "neighbourhood" (page 21) + "my my" corrected to "my" (page 29) + "neigbours corrected to "neighbours" (page 40) + "lord s" corrected to "lord's" (page 45) + "fourand" corrected to "four-and" (page 195) + "the the" corrected to "the" (page 209) + "philosopical" corrected to "philosophical" (page 243) + "implicity" corrected to "implicitly" (page 270) + "fiercly" corrected to "fiercely" (page 303) + "deficiences" corrected to "deficiencies" (page 304) + "Dnmfries" corrected to "Dumfries" (footnote 25) + +Other than the corrections listed above, printer's inconsistencies in +spelling and hyphenation usage have been retained. + + + + + +End of Project Gutenberg's Border Raids and Reivers, by Robert Borland + +*** END OF THIS PROJECT GUTENBERG EBOOK BORDER RAIDS AND REIVERS *** + +***** This file should be named 32005-8.txt or 32005-8.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/2/0/0/32005/ + +Produced by Chris Curnow and the Online Distributed +Proofreading Team at https://www.pgdp.net. (This file was +produced from images generously made available by The +Internet Archive.) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. diff --git a/32005-8.zip b/32005-8.zip Binary files differnew file mode 100644 index 0000000..6fe2206 --- /dev/null +++ b/32005-8.zip diff --git a/32005-h.zip b/32005-h.zip Binary files differnew file mode 100644 index 0000000..52eb77c --- /dev/null +++ b/32005-h.zip diff --git a/32005-h/32005-h.htm b/32005-h/32005-h.htm new file mode 100644 index 0000000..58ab3f1 --- /dev/null +++ b/32005-h/32005-h.htm @@ -0,0 +1,8001 @@ +<!DOCTYPE html PUBLIC "-//W3C//DTD XHTML 1.0 Strict//EN" + "http://www.w3.org/TR/xhtml1/DTD/xhtml1-strict.dtd"> + +<html xmlns="http://www.w3.org/1999/xhtml"> + <head> + <meta http-equiv="Content-Type" content="text/html;charset=iso-8859-1" /> + <title> + The Project Gutenberg eBook of Border Raids And Reivers, by Robert Borland. + </title> + <style type="text/css"> + + p {margin-top: .75em; text-align: justify; margin-bottom: .75em;} + + h1,h2,h3,h4,h5,h6 {text-align: center; clear: both;} + + hr {width: 33%; margin-top: 2em; margin-bottom: 2em; margin-left: auto; margin-right: auto; clear: both;} + + table {margin-left: auto; margin-right: auto;} + + body {margin-left: 12%; margin-right: 12%;} + + .pagenum {position: absolute; left: 92%; font-size: smaller; text-align: right; font-style: normal;} + + .blockquot {margin-left: 5%; margin-right: 10%;} + + .poem {margin-left:15%; margin-right:15%;} + + .right {text-align: right;} + .center {text-align: center;} + .smcap {font-variant: small-caps;} + + .dropfig {float: left; clear: left; margin: 0 2px 0 0;} + + a:link {color:#0000ff; text-decoration:none} + a:visited {color:#6633cc; text-decoration:none} + + .spacer {padding-left: 1em; padding-right: 1em;} + + ins.correction {text-decoration:none; border-bottom: thin solid gray;} + + </style> + </head> +<body> + + +<pre> + +The Project Gutenberg EBook of Border Raids and Reivers, by Robert Borland + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Border Raids and Reivers + +Author: Robert Borland + +Release Date: April 16, 2010 [EBook #32005] + +Language: English + +Character set encoding: ISO-8859-1 + +*** START OF THIS PROJECT GUTENBERG EBOOK BORDER RAIDS AND REIVERS *** + + + + +Produced by Chris Curnow and the Online Distributed +Proofreading Team at https://www.pgdp.net. (This file was +produced from images generously made available by The +Internet Archive.) + + + + + + +</pre> + + + + + +<h1>BORDER RAIDS AND REIVERS.</h1> +<p> </p><p> </p><p> </p> + + +<h2>BORDER RAIDS</h2> +<h3>AND</h3> +<h2>REIVERS</h2> +<p> </p><p> </p> +<h4>BY</h4> +<h3>ROBERT BORLAND</h3> +<h4><i>MINISTER OF YARROW</i></h4> +<p> </p><p> </p> +<h4>DALBEATTIE: THOMAS FRASER.</h4> +<h5>MDCCCXCVIII.</h5> +<p> </p><p> </p><p> </p> +<p class="center"><span class="smcap">Printed at the Courier and Herald Offices,</span><br /> +<span class="smcap">Dumfries,</span><br /> +<span class="smcap">for</span><br /> +THOMAS FRASER, DALBEATTIE.</p> + + +<p> </p><p> </p> +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_vii" id="Page_vii">[Pg vii]</a></span></p> +<h2>CONTENTS.</h2> + +<table width="75%" border="0" cellpadding="0" cellspacing="5" summary="Table of Contents"> +<tr><td>PREFACE</td><td align="right"><a href="#Page_xv">xv</a>.</td></tr> +<tr><td> </td></tr> +<tr><td colspan="2" align="center"><a href="#I">I.</a></td></tr> +<tr><td colspan="2" align="center">THE AULD ENEMY.</td></tr> +<tr><td> </td><td align="right"><span class="smcap">Page.</span></td></tr> +<tr><td>Extent of Border reiving—Plunder and reprisal—All classes +implicated—Double dose of original sin—Victims of an evil fate—Invasions—Threatened annexation of Scotland—Edward’s +twofold policy—Sacking of Berwick—Feeling of hostility produced—Edward visits Scone and carries off +Scottish Sceptre and Crown—Douglas and Edward Bruce—Borderers +animated by a spirit of revenge</td><td valign="bottom" align="right"><a href="#Page_1">1-14</a></td></tr> +<tr><td> </td></tr> +<tr><td colspan="2" align="center"><a href="#II">II.</a></td></tr> +<tr><td colspan="2" align="center">PERCY’S PENNON.</td></tr> +<tr><td>Battle of Otterburn—Chief combatants—How the encounter was brought about—Destruction of the Abbeys—Meeting of +the Scots at Aberdeen—Scottish army assembles at Yetholm—Method of attack determined upon—Earl Douglas +marches through Northumberland—Ravages Durham—Returns to Newcastle—Hotspur and Douglas—Otterburn—Preparations +for battle—The English assault—The Douglas slain—Hotspur taken prisoner—Humanity of Borderers</td><td valign="bottom" align="right"><a href="#Page_15">15-32</a></td></tr> +<tr><td> <span class="pagenum"><a name="Page_viii" id="Page_viii">[Pg viii]</a></span></td></tr> +<tr><td colspan="2" align="center"><a href="#III">III.</a></td></tr> +<tr><td colspan="2" align="center">POOR AND LAWLESS.</td></tr> +<tr><td>Condition of Scotland—Ancient monasteries—Description of country by Æneas Sylvius—Ignorance of the people—Laws +cannot be enforced—The Barons supreme—Law against harbouring thieves—Every man’s hand against his neighbour—Pledges +demanded—Banished north of the Forth—Scottish Borderers forbidden to marry daughters of “broken men” +in England—No respect paid to the law—Execrable murders committed—Without religion—Hand-fasting</td><td valign="bottom" align="right"><a href="#Page_33">33-54</a></td></tr> +<tr><td> </td></tr> +<tr><td colspan="2" align="center"><a href="#IV">IV.</a></td></tr> +<tr><td colspan="2" align="center">RAIDS AND FORAYS.</td></tr> +<tr><td>Invasions constantly occurring—Many lives sacrificed—How the reivers conducted their expeditions—Leslie’s account—Tracked +by bloodhounds—Froissart’s description of Borderers—Invasion by Earl of Hertford—Raid by Sir Ralph +Eure—Battle of Ancrum Moor—Lord Dacre’s devastations—Borderers retaliate—Horrid cruelties practised—Raid of +the Reidswire—Indignation of English Queen—Morton’s concessions</td><td valign="bottom" align="right"><a href="#Page_55">55-80</a></td></tr> +<tr><td> </td></tr> +<tr><td colspan="2" align="center"><a href="#V">V.</a></td></tr> +<tr><td colspan="2" align="center">WARDENS OF THE MARCHES.</td></tr> +<tr><td>Generally officers of high rank—Scottish King limited in his choice—Wardens invested with arbitrary powers—Bonds +of alliance—Of little or no value—Ignored when<span class="pagenum"><a name="Page_ix" id="Page_ix">[Pg ix]</a></span> +convenient—Wardens well remunerated—Duties pertaining to the office</td><td valign="bottom" align="right"><a href="#Page_81">81-96</a></td></tr> +<tr><td> </td></tr> +<tr><td colspan="2" align="center"><a href="#VI">VI.</a></td></tr> +<tr><td colspan="2" align="center">THE DAY OF TRUCE.</td></tr> +<tr><td>Arrangements for dealing with offenders—Of a primitive character—Prisoners could not be detained in custody—Often +took “leg-bail”—Day of Truce every month—Date and place made known by proclamation—The meeting +of the Wardens—Regulations for conduct of business—Administering the oath—Three ways of trying cases—Bogus +bills—Value of goods—Bills “fouled” or “cleared”—The hot-trod—Baughling—Lord Russell +shot—Foster’s explanations</td><td valign="bottom" align="right"><a href="#Page_97">97-115</a></td></tr> +<tr><td> </td></tr> +<tr><td colspan="2" align="center"><a href="#VII">VII.</a></td></tr> +<tr><td colspan="2" align="center">THE DEADLY FEUD.</td></tr> +<tr><td>Origin of the expression—Feuds of everyday occurrence—Occasioned by trifling circumstances—Inherited—Made the +administration of the law difficult—Feud betwixt the Kers and Scotts—How occasioned—The Maxwells and Johnstones—A +disastrous feud—Battle of Dryfe Sands—Murder of Johnstone—Lord Maxwell imprisoned—Returns to the +Borders—Betrayed by Earl of Caithness—Beheaded in Edinburgh—Ker of Cessford slain—Pursuit of his murderers—How +feuds staunched—Bonds of Assurance—Marriage—Pilgrimage—Assythment</td><td valign="bottom" align="right"><a href="#Page_116">116-135</a></td></tr> +<tr><td> <span class="pagenum"><a name="Page_x" id="Page_x">[Pg x]</a></span></td></tr> +<tr><td colspan="2" align="center"><a href="#VIII">VIII.</a></td></tr> +<tr><td colspan="2" align="center">THE THIEVES DAUNTONED.</td></tr> +<tr><td>The “Family Tree”—Man’s first right—The King connives at Border reiving—The Wardens often indifferent—The King’s +visit to Dumfries—Tytler’s account of what transpired—The Turnbulls of Rule Water punished—The Earl of Mar +in Hawick—Lack of trees and halters—Queen Mary at Jedburgh—The Earl of Bothwell—John Elliot of Park—The +Queen visits Hermitage—Struck down with fever—The suppression of Liddesdale—Buccleuch and Ferniherst—Mangerton +destroyed—The whole district given to the flames—Geordie Bourne—Found guilty of March treason—Executed—Milder +measures—The Tower of Netherby—Cary’s success</td><td valign="bottom" align="right"><a href="#Page_136">136-154</a></td></tr> +<tr><td> </td></tr> +<tr><td colspan="2" align="center"><a href="#IX">IX.</a></td></tr> +<tr><td colspan="2" align="center">LIDDESDALE LIMMERS.</td></tr> +<tr><td>Border keeps and peels—Description of them—Hermitage—Lord Soulis—Nine-stane-rig—Black Knight of Liddesdale—Ramsay +of Dalhousie starved to death—Armstrongs and Elliots—Maitland’s “Complaynt”—Took everything that +came to hand—The clan system—Names of Border clans—To-names—Debateable land—The Scotch dyke—Cary’s +raid—Driven to bay</td><td valign="bottom" align="right"><a href="#Page_155">155-180</a></td></tr> +<tr><td> </td></tr> +<tr><td colspan="2" align="center"><a href="#X">X.</a></td></tr> +<tr><td colspan="2" align="center">AFTER THE HUNTING.</td></tr> +<tr><td>James V.—Border barons put in ward—Sets out for the Borders—Hunts +<span class="pagenum"><a name="Page_xi" id="Page_xi">[Pg xi]</a></span>in Meggat—Eighteen score of deer slain—Cockburn +of Henderland—Border Widow’s Lament—Adam Scott, “King of Thieves”—Johnie Armstrong—The loving letter—Basely +betrayed—Pitscottie’s account—Maxwell’s complicity—Ballad—<i>Blackmeal</i>—Increase +of Border lawlessness</td><td valign="bottom" align="right"><a href="#Page_181">181-200</a></td></tr> +<tr><td> </td></tr> +<tr><td colspan="2" align="center"><a href="#XI">XI.</a></td></tr> +<tr><td colspan="2" align="center">THE CORBIE’S NEST.</td></tr> +<tr><td>General characteristics of Border reivers—Kinmount Willie—Descendant of laird of Gilnockie—Encouraged to commit +depredations on English border—Present at March meeting at Dayholm—Captured by Salkeld on his way home—Imprisoned +in Carlisle—Violation of Border law—The bold Buccleuch determines to effect his rescue—Arrangements +made at a horse race at Langholm—Meeting at Tower of Morton—Marches on Carlisle—Breaks into the Castle—Carries +off the prisoner—Relieves him of his irons—Names of principal assistants—Scrope indignant—Addresses the +Privy Council—Buccleuch on his defence—Elizabeth demands his surrender—James complies</td><td valign="bottom" align="right"><a href="#Page_201">201-219</a></td></tr> +<tr><td> </td></tr> +<tr><td colspan="2" align="center"><a href="#XII">XII.</a></td></tr> +<tr><td colspan="2" align="center">FLAGELLUM DEI.</td></tr> +<tr><td>International complications—The Queen difficult to pacify—Her letter to James—Scrope invades Liddesdale—His conduct +defended—Buccleuch retaliates—Invades Tynedale—Account of his depredations—<i>Flagellum Dei</i>—Supported by +<span class="pagenum"><a name="Page_xii" id="Page_xii">[Pg xii]</a></span>King and Council—Elizabeth peremptorily demands his +surrender—Places himself as a prisoner in the hands of Sir William Bowes—The Governor of Berwick afraid to undertake +his safe custody—Surrender of Sir Robert Ker—Lives with Sir Robert Cary on terms of intimacy and friendship—Buccleuch +returns to Liddesdale—Adopts a new policy—Incurs the displeasure of the reivers—Inaugurates a new era +in Border history—Appears before the Queen</td><td valign="bottom" align="right"><a href="#Page_220">220-236</a></td></tr> +<tr><td> </td></tr> +<tr><td colspan="2" align="center"><a href="#XIII">XIII.</a></td></tr> +<tr><td colspan="2" align="center">MINIONS OF THE MOON.</td></tr> +<tr><td>The kindly feeling with which the more famous reivers regarded—Auld Wat of Harden—At the “Raid of Falkland”—The +consequences of this episode—Carries off 300 oxen and kye, a horse and a nag, from Gilsland—Large demands on his +hospitality—“Wat o’ Harden’s coo!”—The sow-backed hay stack—Destroys the town of Bellinghame—Marries +Mary Scott of Dryhope—His son slain by one of the Scotts of Gilmanscleuch—The feast of spurs—Goes in pursuit of +the Captain of Bewcastle—Revenge!—Willie Scott—His raid on Elibank—Taken prisoner—“Muckle-mou’d Meg”—Priest +or hangman—A wise choice. “Jock o’ the Syde”—Prisoner in Newcastle—Rescued by his friends—Pursued +by the English—Make good their escape.—“Christie’s Will”—Two delicate colts—Lord Traquair—Lord Durie +kidnapped—Scott’s account of the incident—Description of balladist—Christie’s Will carries important papers to +Charles I.—Entrapped at Carlisle on his return—Spurs his<span class="pagenum"><a name="Page_xiii" id="Page_xiii">[Pg xiii]</a></span> +horse over parapet of bridge.—Willie of Westburnflat—Tried at Selkirk—Breaks in pieces the oaken chair—Threatens +to clear the court—Dissuaded by his friends—Executed in due form of law—Armstrong’s good-night</td><td valign="bottom" align="right"><a href="#Page_237">237-266</a></td></tr> +<tr><td> </td></tr> +<tr><td colspan="2" align="center"><a href="#XIV">XIV.</a></td></tr> +<tr><td colspan="2" align="center">UNDER THE BAN.</td></tr> +<tr><td>State of the Borders—Decadence of Romanism—A strong hand needed—The Celtic Church—Its influence permanent—The +Scots indifferent to fulminations of their spiritual superiors—Excommunicatio major—Excommunicatio minor—Monition +of Cursing by Archbishop of Glasgow</td><td valign="bottom" align="right"><a href="#Page_267">267-279</a></td></tr> +<tr><td> </td></tr> +<tr><td colspan="2" align="center"><a href="#XV">XV.</a></td></tr> +<tr><td colspan="2" align="center">THE TRIUMPH OF LAW.</td></tr> +<tr><td>“Broken men” drafted off to Belgic wars—Græmes banished to Ireland—Buccleuch invested with arbitrary powers—Thieves +executed without ceremony—The Union of the Crowns—The effect highly beneficial—Firm hand laid on the ring-leaders +of Border strife—New spirit infused into the administration—The name <i>Middleshires</i> substituted for <i>Borders</i>—The +law impartially administered—A happy era—Parochial system of education—Schools before the Reformation—Educational +condition of the Borders—John Knox’s scheme—Beneficial results—Teaching and influence of the Church—Religious +state of the Borders—Decision of the Commission—Difficulties in the way—Thomas Boston—The unploughed +field—Victory achieved</td><td valign="bottom" align="right"><a href="#Page_280">280-298</a></td></tr> +<tr><td> <span class="pagenum"><a name="Page_xiv" id="Page_xiv">[Pg xiv]</a></span></td></tr> +<tr><td colspan="2" align="center"><a href="#XVI">XVI.</a></td></tr> +<tr><td colspan="2" align="center">THE HARVEST OF PEACE.</td></tr> +<tr><td>Great changes effected in habits and character of the people—Easily explained—“Broken men” expatriated—How +reiving was regarded—Border ethics—Right to rob the English—Statistics of crime—The Tweed Act—A hard +school—Grim and dour—Services rendered by Borderers—Great feature of Border life—Birthplace of poetry—The old +ballads—A priceless inheritance—James Thomson, the author of “The Seasons”—Sir Walter Scott—Hogg—Leyden—Burns +probably sprung from a Border stock—The name “Burness”—A Western Mecca—Rural population +decreasing—Conclusion</td><td valign="bottom" align="right"><a href="#Page_299">299-310</a></td></tr></table> + + +<p> </p><p> </p> +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_xv" id="Page_xv">[Pg xv]</a></span></p> +<h2>PREFACE.</h2> + +<p>The object we have had in view in the following pages has been (1) to +indicate briefly the causes which produced Border reiving; (2) to show the +extent to which the system was ultimately developed; (3) to describe the +means adopted by both Governments for its suppression; (4) to illustrate +the way in which the <i>rugging and riving</i>—to use a well-known phrase—was +carried on; (5) to explain how these abnormal conditions were in the end +effectually removed; and (6) to set forth in brief outline some of the +more prominent traits in the lives and characters of the men who were most +closely identified with this extraordinary phase of Border life.</p> + +<p>We have to acknowledge our indebtedness for much of the information +conveyed in the following pages to Scott’s “Border Antiquities” and +“Border Minstrelsy,” Nicolson’s “Leges Marchiarum,” Pitcairn’s “Criminal +Trials,” “Calendar of Border<span class="pagenum"><a name="Page_xvi" id="Page_xvi">[Pg xvi]</a></span> Papers” (recently published), “Cary’s +Memoirs”—Froissart, Godscroft, Pitscottie, Pinkerton—and host of other +writers on Border themes.</p> + +<p>It is in no spirit of mock-modesty we acknowledge how inadequately the +object we have had in view has been realised. The subject is so large and +many-sided that we have found it difficult to compress within the compass +of a single volume anything like an adequate outline of a theme which is +at once so varied and interesting.</p> + +<p>In coming to the consideration of this subject, there is one fact which it +is well the reader should carefully bear in mind, and that is, that from +the peculiar circumstances in which Borderers were placed in early times, +the only alternative they had was either to <i>starve or steal</i>. The +recognition of this fact will at least awaken our sympathy, if it does not +always command our approval, when we come to consider the lives and +characters of the Border Reivers.</p> + + +<p> </p><p> </p> +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_1" id="Page_1">[Pg 1]</a></span></p> +<h2><a name="I" id="I"></a>I.</h2> +<h3>THE AULD ENEMY.</h3> + +<table border="0" cellpadding="0" cellspacing="5" summary="I"> +<tr><td>“Near a Border frontier, in the time of war,<br /> +There’s ne’er a man, but he’s a freebooter.”—<span class="smcap">Satchells.</span></td></tr></table> + +<p> </p> +<p><span class="dropfig"><img src="images/drop_t.jpg" alt="T" /></span>here are few more remarkable phenomena in the political or social life of +Scotland than what is familiarly known as “Border Reiving.” In olden times +it prevailed along the whole line of the Borders from Berwick to the +Solway, embracing the counties of Berwick, Roxburgh, Selkirk, Peebles, and +Dumfries. During a period of some three or four hundred years these +districts were chiefly inhabited by hordes of moss-troopers, who made it +the chief business of their lives to harry and despoil their English +neighbours. On every convenient opportunity the Scottish reivers crossed +the Border, and carried off whatever came readiest to hand—horses, cows, +sheep, “insight and outsight,” nothing coming amiss to them unless it was +either too heavy or too hot. Those on the English side who were thus +despoiled were not slow to retaliate, and generally succeeded, to some +extent, in making good the losses they sustained. This system of plunder +and reprisal<span class="pagenum"><a name="Page_2" id="Page_2">[Pg 2]</a></span> ultimately attained an extraordinary development. All +classes, from the Chief of the clan to the meanest serf over whom he +ruled, were engaged in it. Indeed it must be frankly admitted that the +most notorious thieves were often those who had least excuse for indulging +in such nefarious practices—gentlemen in high position like the Scotts, +Kers, Johnstones, and Maxwells, and who in many cases had been chosen by +the Government to repress the reiving propensities of their clans and +followers.</p> + +<p>Some who have made a superficial acquaintance with this remarkable phase +of Border life have rushed to the conclusion that the great Border Chiefs, +and those over whom they exercised a kind of patriarchal authority, must +have been dowered with a “double dose of original sin.” In proof of this +it is pointed out that a widely different state of affairs prevailed in +other parts of the country, for example in Fife, and the Lothians, and +generally speaking, throughout the whole of the west of Scotland, and +consequently the only way in which they can account for the singular +condition of the Borders is by predicating an essentially lower moral +type. We do not believe that this theory, plausible though it may appear, +will bear a moment’s serious consideration. No doubt among the “broken +men” of the Debateable land, and in some parts of Liddesdale, you will +find a considerable number of disreputable characters whose<span class="pagenum"><a name="Page_3" id="Page_3">[Pg 3]</a></span> only law was +the length of their own swords. But it is a mistake to suppose that such +individuals represent the general type of the inhabitants of the +Borderland. The very fact that these men had no Chief to represent them +shows that they had, so to speak, fallen out of the ranks.</p> + +<p>The solution of this problem must be sought in another direction. It will +be found by a careful study of the history of the country that Border +reiving was, to a considerable extent, the result of a concatenation of +circumstances over which the inhabitants of these districts had little or +no control. They were the victims of an evil fate. It was not merely their +proximity to the English Border which occasioned their misdeeds. It is an +interesting and significant fact that, till near the close of the 13th +century, the Border Counties were as law-abiding as any other part of the +realm. Petty skirmishes were, no doubt, of frequent occurrence, as might +be expected; but the deep rooted aversion to the English which +characterises the subsequent period of Scottish history had hardly at that +time any real existence. How the change was brought about will become +apparent as we bring under review some salient facts in Scottish history +which have a direct and immediate bearing on the question before us.</p> + +<p>It must be borne in mind that for a period of more than three hundred +years Scotland was kept in a<span class="pagenum"><a name="Page_4" id="Page_4">[Pg 4]</a></span> condition of political distraction by the +insane desire on the part of the English Government to reduce it to a +state of vassalage. When this policy was first determined on everything +seemed favourable to its speedy realisation. When Alexander III., a wise +and gracious King, under whose reign the country had greatly prospered, +was accidentally killed when hunting in the neighbourhood of Kinghorn, the +Crown reverted to his grand-daughter, the Maid of Norway, who was then a +child of tender years. At this unfortunate juncture Edward I. of England +resolved that the two countries should be united under one Sovereign; at +least this was the object of his ambition. He was fully convinced that so +long as Scotland maintained her political independence, England would have +to reckon with a powerful adversary. If he could only succeed, by fair +means or foul, in gaining Scotland over as a fief of England, then the +country as a whole would enjoy the immunities and benefits naturally +accruing to its position as an island. England would thus be in an +immensely more advantageous position to resist foreign invasion, and its +influence and power as an aggressive force would be indefinitely +increased. The object aimed at was an exceedingly desirable one. +Unfortunately it was a sane policy insanely pursued. Had the English King +only been gifted with more self-restraint, had he but been prepared to +wait patiently the natural<span class="pagenum"><a name="Page_5" id="Page_5">[Pg 5]</a></span> development of events, and not to have struck +the iron <i>before</i> it was hot, he might have succeeded in gaining his end, +a result which would have changed the whole complexion and current of +Scottish history. Whether this would have been better or worse, more to +our own advantage and the advantage of Great Britain, as a whole, is one +of those points about which there may be considerable difference of +opinion. Many have regretted that the Union of the Crowns was not effected +in the 14th century rather than in the 17th, as such a consummation would +have saved the country much, both of bloodshed and treasure. It may be so. +It cannot be denied that from a purely material point of view it might +have been better had Scotland gracefully complied with the wishes of +Edward. But man cannot live by bread alone. There are higher and better +things in the life of a people than mere material well-being, and in view +of these it was well that Scotland maintained her independence. The record +of her achievements, when contending against the most overwhelming odds, +and the example of those heroic personalities, which mark the progress of +her history, have been a perennial fountain of inspiration to the Scottish +people, have made them what they are. While, therefore, there may be some +cause for regret, on the ground of political expediency, that the union of +the two countries was so late in being effected, yet on other and higher +grounds there<span class="pagenum"><a name="Page_6" id="Page_6">[Pg 6]</a></span> is just reason for thankfulness that things took the course +they did. What would Scotland have been without its Wallace or Bruce? or +what would it have been apart from the long and arduous struggle through +which it was destined to pass ere it gained an assured and thoroughly +independent political position? The long years of struggle and desolating +warfare constitute an important factor in the social and intellectual +evolution of the nation. The best qualities of the Scottish character and +intellect were developed in the seething maelstrom of political strife and +internecine war. It may be that “the course of Providence is also the +orbit of wisdom.”</p> + +<p>Edward in trying to bring Scotland under his sway pursued a two-fold +policy. He endeavoured to prevent as far as possible all union among the +most powerful Scottish barons. He arrayed their private and selfish +ambition against the love of their country. He sowed dissension in their +councils, and richly rewarded their treachery. Those who dared to oppose +his well-laid schemes were treated with unmitigated severity. His success +in this respect was complete. He had the satisfaction of seeing the +country torn to pieces by contending factions. His way was now open for +applying more drastic measures. He raised a powerful army and invaded +Scotland. The town of Berwick was then an important centre of commerce, +and he was determined at<span class="pagenum"><a name="Page_7" id="Page_7">[Pg 7]</a></span> all hazards to make himself master of the city. +“He despatched a large division, with orders to assault the town, choosing +a line of march which concealed them from the citizens; and he commanded +his fleet to enter the river at the same moment that the great body of the +army, led by himself, were ready to storm. The Scottish army fiercely +assaulted the ships, burnt three of them, and compelled the rest to +retire; but they in their turn were driven back by the fury of the land +attack. Edward himself, mounted on horseback, was the first who leaped the +dyke; and the soldiers, animated by the example and presence of their +King, carried everything before them. All the horrors of a rich and +populous city, sacked by an inflamed soldiery, and a commander thirsting +for vengeance, now succeeded. <i>Seventeen thousand persons</i>, without +distinction of age or sex, were put to the sword; and for two days the +city ran with blood like a river. The churches, to which the miserable +inhabitants fled for sanctuary, were violated and defiled with blood, +spoiled of their sacred ornaments, and turned into stables for the English +cavalry.”<small><a name="f1.1" id="f1.1" href="#f1">[1]</a></small></p> + +<p>This ruthless massacre produced a profound sensation all over the country, +but more especially on the Borders, and had much to do in creating that +bitter feeling of hostility with which the English were ever <span class="pagenum"><a name="Page_8" id="Page_8">[Pg 8]</a></span>afterwards +regarded. To harass and despoil them was looked upon almost as a sacred +duty. This miserable butchery of the inoffensive lieges instantly led to +reprisals. Under the Earls of Ross, Menteith, and Athole, the Scottish +army crossed the English Border, and ravaged with merciless severity the +districts of Redesdale and Tynedale. The monasteries of Lanercost and +Hexham were given to the flames, towns and villages destroyed, and the +surrounding country laid waste. The Scots returned laden with booty. But +the success which had crowned their arms was of doubtful utility. It only +served to fan the flame of vengeful ire in the breast of the English King, +who now resolved on the complete subjugation of the country. He marched +against Dunbar with an army of ten thousand foot, and a thousand heavy +armed horse. The Scots opposed his progress with an army much superior in +point of numbers, and occupying a position of great strategic importance +on the heights above Spot. As the English army had necessarily to deploy +in passing along the valley it was supposed that the ranks had somehow +fallen into confusion. The Scots precipitately rushed upon the enemy, only +to find, to their dismay, that the English army was under the most perfect +discipline, and ready for the attack. After a short resistance the +Scottish columns were thrown into inextricable confusion, and were<span class="pagenum"><a name="Page_9" id="Page_9">[Pg 9]</a></span> routed +with great slaughter, leaving ten thousand brave soldiers dead in the +field. History has a strange knack of repeating itself. Three hundred and +fifty years after, the Scottish covenanters committed a similar blunder at +the same place when opposing the progress of Oliver Cromwell, and with an +equally disastrous result. The progress of Edward now partook of the +nature of a triumphal march. He threw his army upon Edinburgh, and in the +course of eight days made himself master of the Castle. He then proceeded +to Perth, where he received the submission of Baliol, who seemed anxious +to rid himself of an office the duties of which he was constitutionally +unfit to discharge. The King continued his march to Aberdeen, and from +thence to Elgin, without resistance. The nobles hurried into his presence +to tender their submission. With indecent haste they renounced the +alliance with Bruce, and took the oath of fealty to the destroyer of their +country’s liberties. It was a dark and tragic hour in Scottish history.</p> + +<p>As Edward returned on his way to Berwick, where he proposed holding a +Parliament, he visited Scone, and took with him the “famous and fatal +stone” upon which for many ages the Scottish Kings had been crowned and +anointed. “This, considered by the Scots as the national Palladium, along +with the Scottish Sceptre and Crown, the English monarch placed in the +Cathedral of Westminster as an offering<span class="pagenum"><a name="Page_10" id="Page_10">[Pg 10]</a></span> to Edward the Confessor, and as a +memorial of what he deemed his absolute conquest of Scotland, a conquest +which, before a single year elapsed, was entirely wrested from him.”<small><a name="f2.1" id="f2.1" href="#f2">[2]</a></small></p> + +<p>We must now pass rapidly over one of the most eventful and stirring +periods of Scottish history, during which Wallace and Bruce, by almost +superhuman efforts, succeeded in delivering the country from the +domination and control of England. The battle of Bannockburn gave the +final blow to the lofty pretensions of the English monarch. He began to +realise that the conquest of Scotland was not to be effected so easily as +he had at one time vainly thought. But unfortunately this splendid victory +did not result in inaugurating a reign of peace and goodwill between the +two countries. After all that the Scottish people had suffered at the +hands of their enemies, it was impossible for them to remain quiescent. +They were determined on revenge. Hence we find that in the early autumn of +1314 Douglas and Edward Bruce were despatched across the eastern march, +and ravaged with fire and sword the counties of Northumberland and Durham. +They even penetrated into Yorkshire, plundered the town of Richmond, and +drove away a large booty of cattle, and made many prisoners. The +inhabitants of the <span class="pagenum"><a name="Page_11" id="Page_11">[Pg 11]</a></span>north of England were paralysed with fear. Walsingham +declares that a hundred Englishmen would not hesitate to fly from two or +three Scottish soldiers, so grievously had their wonted courage deserted +them.</p> + +<p>Another army of Scottish soldiers marched through Redesdale and Tynedale, +“marking their progress by the black ashes of the towns and villages.”</p> + +<p>In the spring of the following year this predatory mode of warfare was +again resumed, and Northumberland and the principality of Durham ravaged. +A great quantity of plunder was collected, and the inhabitants compelled +to redeem their property by paying a high tribute. The army of Bruce +seemed invincible, and the northern counties of England were made to pay +dearly for the temerity of the king in venturing to challenge the +patriotism and prowess of the Scottish people.</p> + +<p>These events produced a profound impression on the people as a whole, +especially on the dwellers on the Scottish Border. The sacking of Berwick, +and the indiscriminate slaughter of its inhabitants, whose only offence +was that they refused to open their gates to the usurper, were not soon +forgotten, and engendered in the Border mind an undying hatred of England. +It is not to be wondered at that the inhabitants of the Scottish Border +should seldom either think or speak of the English except as their<span class="pagenum"><a name="Page_12" id="Page_12">[Pg 12]</a></span> “auld +enemies.” To despoil them became, if not a religious, at least a patriotic +duty. These circumstances to which reference has been made, and others of +a kindred nature, may account, in some degree at least, for the +extraordinary fact that the Border mosstrooper never seems to have been +ashamed of his calling. On the contrary he gloried in it. In his eyes it +was honourable and worthy. The undaunted bearing of the Bold Buccleuch, +for example, and his cavalier manner in dealing with the English wardens, +showed how thoroughly he enjoyed the work in which he was engaged. Eure +tells how, on one occasion, he sent his cousin, Henry Bowes, to confer +with this famous freebooter on some question in dispute, but Buccleuch +“scorned to speak with him, and gathered his forces; and if my said cousin +had not wisely foreseen and taken time to have come away he had been +stayed himself. Two several messages were sent from Buccleuch from out his +company that were in the field, part to have stayed with him and those +that were with him. Not long since some of his men having stolen in my +March, my men following their trade were stayed of his officer of +Hermitage, their horses taken and themselves escaped on foot.”<small><a name="f3.1" id="f3.1" href="#f3">[3]</a></small></p> + +<p>The English warden had evidently considerable <span class="pagenum"><a name="Page_13" id="Page_13">[Pg 13]</a></span>difficulty in accounting +for Buccleuch’s attitude, for we find in a letter written to Burghley a +few days after this happened that he is disposed to attribute his enmity +to England to his zeal for Romanism. “His secret friends,” he says, “say +he is a papist; his surest friends in court are papists about the Queen, +and labour his grace with the King. He strengthened himself much of late, +and secretly says he will not stir till some certainty of the Spaniards +arrive. To England he is a secret enemy, mighty proud, publishing his +descent to be from Angus, and laboureth to be created Earl, and claimeth +his blood to be partly royal. His poverty is great, all which concurring +with his pride and Spanish religion, I leave to your honourable wisdom to +censure.”</p> + +<p>This picture is certainly painted in strong colours. The one point in it +which is really significant, however, is that Buccleuch was “a secret +enemy to England.” This may be said of nine-tenths of the Border reivers. +It was not the mere love of plunder or mischief which impelled them to +prosecute their calling. They were animated by a spirit of revenge. Times +almost without number the armies of England had crossed the Border, +burning villages and homesteads, destroying the crops, carrying off goods +and cattle, leaving those whom they had thus ruthlessly despoiled to the +tender mercies of an uncertain climate and an impoverished soil, from +which even<span class="pagenum"><a name="Page_14" id="Page_14">[Pg 14]</a></span> at the best they had difficulty in extracting a bare +subsistence.</p> + +<p>The English were, comparatively speaking, rich and powerful. They could +command great forces, against which it was in vain, in most cases, for the +Scottish Borderers to contend. Hence when they were assailed they drove +their cattle into the recesses of mountain or forest, burned or otherwise +destroyed what they could not remove—so that the enemy might be enriched +as little as possible—and betook themselves to some distant shelter, +where they awaited the course of events. As soon as the enemy had +withdrawn, they returned to their places of abode, which, though +destroyed, were easily reconstructed—the work of rebuilding being done in +a day or two—and then they set about recouping themselves for the losses +they had sustained by making incursions on the English Border, and +carrying off every thing they could lay their hands on. This system of +plunder and reprisal went on merrily along the whole line of the Borders +for many generations. All the great Border families were involved in it, +and devoted themselves to the work with a zeal and enthusiasm which left +nothing to be desired. They doubtless felt that in plundering the English +they were not only enriching themselves, but promoting the interests of +their country, and paying back a long standing and heavily accumulating +debt.</p> + + +<p> </p><p> </p> +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_15" id="Page_15">[Pg 15]</a></span></p> +<h2><a name="II" id="II"></a>II.</h2> +<h3>PERCY’S PENNON.</h3> + +<table border="0" cellpadding="0" cellspacing="5" summary="II"> +<tr><td>“It fell about the Lammas time<br /> +<span style="margin-left: 1em;">When Yeomen wonne their hay,</span><br /> +The doughty <span class="smcap">Douglas</span> ’gan to ride<br /> +<span style="margin-left: 1em;">In England to take a prey.”</span></td></tr> +<tr><td><span style="margin-left: 6em;"><span class="smcap">Battle of Otterburn.</span></span></td></tr></table> + +<p> </p> +<p><span class="dropfig"><img src="images/drop_t.jpg" alt="T" /></span>he Battle of Otterburn, which took place in the autumn of 1388, is +without question one of the most interesting episodes in Border history, +and is especially significant as an illustration of the prowess and +chivalry of the Border Chiefs. The chief combatants on the Scottish side +were the Earls of Douglas, Moray, March, and Crawford, the Lord +Montgomery, and Patrick Hepburn of Hales, and his son. On the English side +were Sir Henry (Hotspur) and Sir Ralph Percy, sons of the Earl of +Northumberland; the Seneschal of York, Sir Ralph Langley, Sir Matthew +Redman, governor of Berwick, Sir Robert Ogle, Sir Thomas Grey, Sir Thomas +Hatton, Sir John Felton, Sir John Lillburne, Sir William Walsingham, and +many others, all good men and true. The circumstances which brought about +this famous encounter are worth recalling, as they shed an interesting +light on the history of the period, as well as on the manners<span class="pagenum"><a name="Page_16" id="Page_16">[Pg 16]</a></span> and customs +of the age. The Scots, with the aid of their French allies, under the +command of Sir John de Vienne, had made frequent successful incursions +upon the English Borders, ravaging with fire and sword considerable +districts of the country, both to the east and west of the frontier. This +naturally led to retaliating expeditions. At last the state of affairs +became so desperate that the young King, Richard II., determined to invade +Scotland, and mete out summary punishment on the depredators. An army of +extraordinary power and splendour was assembled; and the King, attended by +his uncles and all the principal nobles of the kingdom, set out for the +Scottish Border. If he expected to reap a rich harvest of booty by this +invasion of the Scottish kingdom he was doomed to bitter disappointment. +As he passed through Liddesdale and Teviotdale at the head of his army he +found that the country had been cleared of everything that could be +conveniently carried off. The cattle had been driven into the forest and +mountain fastnesses; all the goods and chattels had been secured in places +of safety; nothing was left but the green crops, and these being trampled +upon were rendered practically worthless. But most wonderful of all—he +never could come within sight of the enemy! The whole region through which +he passed was lonely and desolate as a wilderness. The reason of this was +that the French and Scots forces<span class="pagenum"><a name="Page_17" id="Page_17">[Pg 17]</a></span> had fallen back upon Berwick, the +commander of the Scots army being unwilling to hazard the fate of the +country by an encounter with such an overwhelmingly superior force. The +French commander, De Vienne, was impatient, and bitterly disappointed at +not being permitted to attack the invaders. The Earl of Douglas, in order +to demonstrate the hopelessness of an encounter, conveyed him to a lofty +eminence, commanding a mountain pass through which the English army was at +that moment defiling, and where unseen themselves, they could see its +imposing array. The Scottish leader pointed out the number and discipline +of the men-at-arms, and the superiority of the equipments of the archers, +and then asked the French Knight whether he could recommend the Scots to +encounter such a numerous and completely accoutred army with a few +ill-trained Highland bowmen, and their light-armed prickers mounted on +little hackneys. He could not but admit the risk was too great. “But yet,” +said he, “if you do not give the English battle they will destroy your +country.” “Let them do their worst,” replied Douglas, “they will find but +little to destroy. Our people have all retired into the mountains and +forests, and have carried off their flocks and herds and household stuff +along with them. We will surround them with a desert, and while they never +see an enemy they shall never stir a bow-shot from<span class="pagenum"><a name="Page_18" id="Page_18">[Pg 18]</a></span> their standards +without being overpowered with an ambush. Let them come on at their +pleasure, and when it comes to burning and spoiling you shall see which +has the worst of it.” “But what will you do with your army if you do not +fight,” said De Vienne; “and how will your people endure the distress and +famine and plunder which must be the consequences of the invasion?” “You +shall see that our army shall not be idle,” was the reply; “and as for our +Scottish people, they will endure pillage, and they will endure famine, +and every other extremity of war, but they will not endure English +masters.”</p> + +<p>The wisdom of this course was proved by subsequent results. The English +army by the time it reached Edinburgh had got into the most desperate +straits owing to the scarcity of provisions. Multitudes perished from +want, and to escape total destruction a retreat was ordered through those +very districts “which their own merciless and short-sighted policy had +rendered a blackened desert.”</p> + +<p>There is one important fact brought before us in this connection which +demands a passing notice. The Reformers have often been severely censured +for the wholesale destruction of the ancient Abbeys so intimately +associated with the “fair humanities” of the ritual and worship of the +Church of Rome. The saying attributed to Knox, about pulling down the +rookeries to prevent the crows building, has<span class="pagenum"><a name="Page_19" id="Page_19">[Pg 19]</a></span> served as a convenient text +for many a philippic on the iconoclastic spirit and tendency of +Protestantism. But the truth is that Knox had as little sympathy with what +he calls the “rascal multitude,” which sometimes engaged in this kind of +work, as any of those opposed to him. Our Abbeys for the most part owe +their destruction not to Reforming zeal, but to Catholic England’s +cupidity and revenge. The beautiful Abbeys of Melrose, Dryburgh, and +Newbattle were given to the flames by the English soldiers at this time, +and the wanton destruction of these noble edifices created in the Scottish +mind a feeling of deep and bitter hostility. Jedburgh, too, owes its +destruction not to Scottish iconoclasm, but to English invasion. It was +pillaged and partly burned by the Earl of Surrey in the year 1523, and its +destruction was practically completed by the Earl of Hereford twenty-two +years afterwards; so that, so far at least as the Border Abbeys are +concerned, the charge so often preferred against the Reformers is a base +and stupid calumny.</p> + +<p>It was this invasion of the English army which led the Scottish nobles to +organise the expedition which may be said to have terminated so gloriously +at Otterburn. “The Scots,” says Godscroft, “irritated herewith boyled with +desire and revenge, being at that time very flourishing with strong youth, +and<span class="pagenum"><a name="Page_20" id="Page_20">[Pg 20]</a></span> never better furnished with commanders.” The barons did not think it +politic, for various reasons, to take the King into their confidence. He +was of an essentially pacific disposition, and moreover was well stricken +in years, and it is almost certain, had the matter been laid before him, +he would have opposed the movement to the utmost of his power. His sons, +however, were prepared to give every encouragement and assistance, and the +barons in order to allay suspicion, and especially to prevent the English +getting to know their purposes and plans, assembled at a great feast in +Aberdeen and took counsel together. But, as Froissart says, “Everything is +known to them who are diligent in their inquiries.” The English nobles +sent spies to Aberdeen, who, appearing in the guise of heralds and +minstrels, became familiar with the plans of the Scottish barons, and +speedily carried the information back to their own country. When the +Scottish army ultimately assembled at Yetholm, close to the English +Border, the English lords were well informed on nearly every point on +which information could be desired. Such a muster had not been seen, so it +was said, for sixty years. “There were twelve hundred spears, and forty +thousand other men and archers. These lords were well pleased on meeting +with each other, and declared they would never return to their homes +without making an inroad on England, and to<span class="pagenum"><a name="Page_21" id="Page_21">[Pg 21]</a></span> such an effect as would be +remembered for twenty years.”<small><a name="f4.1" id="f4.1" href="#f4">[4]</a></small></p> + +<p>The English had arranged that, if the Scots entered the country through +Cumberland and Carlisle, they would ride into Scotland by Berwick and +Dunbar, for they said, theirs is an open country that can be entered +anywhere, but ours is a country with strong and well fortified towns and +castles. It was therefore important they should know what route the Scots +had determined upon. To ascertain this they sent a spy to the Scots’ camp +that he might report to them not only their intentions, but their speeches +and actions. The English squire who came on this errand had a singular and +exciting experience. He tied his horse to a tree in the <ins class="correction" title="original reads 'neigbourhood'">neighbourhood</ins> of +the church, where the barons were assembled, and entered into the church, +as a servant following his master. When he came out he went to get his +horse, but to his consternation the animal had disappeared, “for a +Scotsman (for they are all thieves) had stolen him.”<small><a name="f5.1" id="f5.1" href="#f5">[5]</a></small> He went away, +saying nothing about his loss, a circumstance which at once excited +suspicion. One who saw him remarked, “I have witnessed many wonderful +things, but what I now see is equal to any; that man yonder has, I +believe, lost his horse, and yet he makes no inquiries after it. On my +troth, I doubt much if he belongs to us; let us go after him, and see +<span class="pagenum"><a name="Page_22" id="Page_22">[Pg 22]</a></span>whether I am right or not.” He was immediately apprehended, brought back, +and examined. He was told that if he tried to deceive them he would lose +his head, but if he told the truth he would be kindly treated. Being in +dread of his life, he divulged all he knew, and especially explained with +minuteness of detail the plans which had been concocted by his compatriots +for the invasion of Scotland. “When the Scottish lords heard what was said +they were silent; but looked at each other.”</p> + +<p>It was now resolved to divide the army into two sections; one section, and +that much the larger of the two, to go into England through Cumberland, +the other to proceed along the valley of the Tyne to Durham. The latter +company, under the command of the Earl of Douglas, made a rapid march +through Northumberland, keeping a “calm sough” all the way, but as soon as +they got into the neighbourhood of Durham the fiends of war were let +loose. The first intimation the garrison in Newcastle had that the enemy +was within their gates, was the dense volumes of smoke which ascended from +burning towns and homesteads. Having gathered together an immense quantity +of booty, the Scots set out on their return journey, and crossing the Tyne +assaulted Newcastle, filling the ditches with hay and faggots, hoping +thereby to have drawn out the enemy to the open fields. But the English, +being in doubt as to the<span class="pagenum"><a name="Page_23" id="Page_23">[Pg 23]</a></span> real strength of the Scots’ army, were afraid to +challenge an encounter. But Sir Henry Percy, better known as <i>Hotspur</i>, +being desirous to try his valour, offered to fight the Douglas in single +combat. “They mounted on two faire steeds, and ran together with sharp +ground spears at outrance; in which encounter the Earl Douglas bore Percie +out of his saddle. But the English that were by did rescue him so that he +could not come at himself, but he snatched away his spear with his guidon +or wither; and waving it aloft, and shaking it, he cried aloud that he +would carry it into Scotland as his spoil.”<small><a name="f6.1" id="f6.1" href="#f6">[6]</a></small> The account which Froissart +gives of this notable encounter differs in some particulars from the +foregoing. He says:—“The sons of the Earl of Northumberland, from their +great courage, were always the first barriers, when many valiant deeds +were done with lances hand to hand. The Earl of Douglas had a long +conflict with Sir Henry Percy, and in it, by gallantry of arms, won his +pennon, to the great vexation of Sir Henry and the other English.” The +Earl of Douglas said, “I will carry this token of your prowess with me to +Scotland, and place it on the tower of my castle at Dalkeith that it may +be seen from far.” “By God, Earl of Douglas,” replied Sir Henry, “you +shall not even carry it out of Northumberland; be assured you shall never +have <span class="pagenum"><a name="Page_24" id="Page_24">[Pg 24]</a></span>the pennon to brag of.” “You must come then,” answered Earl Douglas, +“this night and seek for it. I will fix your pennon before my tent, and +shall see if you venture to take it away.” As the balladist has vigorously +put it—</p> + +<p class="poem">He took a long spear in his hand,<br /> +<span style="margin-left: 1em;">Shod with the metal free,</span><br /> +And for to meet the Douglas there,<br /> +<span style="margin-left: 1em;">He rode right furiouslie.</span><br /> +<br /> +But O how pale his lady look’d,<br /> +<span style="margin-left: 1em;">Frae aff the castle wa’,</span><br /> +When down before the Scottish spear<br /> +<span style="margin-left: 1em;">She saw proud Percy fa’.</span><br /> +<br /> +“Had we twa been upon the green,<br /> +<span style="margin-left: 1em;">And never an eye to see,</span><br /> +I wad hae had you, flesh and fell;<small><a name="f7.1" id="f7.1" href="#f7">[7]</a></small><br /> +<span style="margin-left: 1em;">But your sword sall gie wi’ me.”</span><br /> +<br /> +“But gae ye up to Otterbourne,<br /> +<span style="margin-left: 1em;">And wait there dayis three;</span><br /> +And, if I come not ere three dayis end,<br /> +<span style="margin-left: 1em;">A fause knight ca’ ye me.”</span><br /> +<br /> +“The Otterbourne’s a bonnie burn;<br /> +<span style="margin-left: 1em;">’Tis pleasant there to be;</span><br /> +But there is nought at Otterbourne,<br /> +<span style="margin-left: 1em;">To feed my men and me.</span><br /> +<br /> +“The deer rins wild on hill and dale,<br /> +<span style="margin-left: 1em;">The birds fly wild from tree to tree;</span><br /> +But there is neither bread nor kail,<br /> +<span style="margin-left: 1em;">To fend<small><a name="f8.1" id="f8.1" href="#f8">[8]</a></small> my men and me.</span><br /> +<br /> +“Yet I will stay at Otterbourne,<br /> +<span style="margin-left: 1em;">Where you shall welcome be;</span><br /> +And, if ye come not at three dayis end,<br /> +<span style="margin-left: 1em;">A fause lord I’ll ca’ thee.”</span><br /> +<span class="pagenum"><a name="Page_25" id="Page_25">[Pg 25]</a></span><br /> +“Thither will I come,” proud Percy said,<br /> +<span style="margin-left: 1em;">“By the might of our Ladye!”</span><br /> +“There will I bide thee,” said the Douglass,<br /> +<span style="margin-left: 1em;">“My troth I plight to thee.”</span><br /> +<br /> +They lighted high on Otterbourne,<br /> +<span style="margin-left: 1em;">Upon the bent sae brown;</span><br /> +They lighted high on Otterbourne,<br /> +<span style="margin-left: 1em;">And threw their pallions down.</span><br /> +<br /> +And he that had a bonnie boy,<br /> +<span style="margin-left: 1em;">Sent out his horse to grass;</span><br /> +And he that had not a bonnie boy,<br /> +<span style="margin-left: 1em;">His ain servant he was.</span></p> + +<p> </p> +<p>The Earl of Douglas having withdrawn his gallant troops to Otterburn, in +the parish of Elsdon, some thirty-two miles from Newcastle, and within +easy reach of the Scottish Border, was strongly urged to proceed towards +Carlisle, in order to join the main body of the army; but he thought it +best to stay there some three or four days at least, to “repell the +Percy’s bragging.” To keep his soldiers from wearying, he set them to take +some gentlemen’s castles and houses that lay near, a work which was +carried out with the greatest alacrity and goodwill. They also +strengthened and fortified the camp where it was weak, and built huts of +trees and branches. Their baggage and servants they placed at the entrance +of a marsh, which lay near the Newcastle road; and driving their cattle +into the marsh land, where they were comparatively safe, they waited the +development of events.</p> + +<p>Nor were they long kept in suspense. The English having discovered that +the Scottish army was<span class="pagenum"><a name="Page_26" id="Page_26">[Pg 26]</a></span> comparatively small, resolved at once to risk an +encounter. Sir Henry Percy, when he heard that the Scottish army did not +consist of more than three thousand men, including all sorts, became +frantically excited, and cried out—“To horse! to horse! for by the faith +I owe to my God, and to my lord and father, I will seek to recover my +pennon, and to beat up their quarters this night.” He set out at once, +accompanied by six hundred spears, of knights and squires, and upwards of +eight thousand infantry, which he said would be more than enough to fight +the Scots.</p> + +<p>If Providence is always on the side of the heaviest battalion, as Napoleon +was wont to affirm, then the Scots on this occasion are in imminent danger +of having “short shrift.” But it has been found that the fortunes of war +depend on a variety of circumstances that are frequently of more +importance than the number of troops, either on the one side or the other. +Discipline and valour, when combined with patriotism and pride-of-arms, +have accomplished feats which the heaviest battalions are sometimes +impotent to achieve. We by no means wish to imply that the English were +deficient in these desirable qualities; far from it. They were splendidly +led, and in the encounter displayed the most heroic qualities; but they +were matched by a small body of men, of the most dauntless courage and +invincible determination who were thoroughly inured to battle, and ever +ready<span class="pagenum"><a name="Page_27" id="Page_27">[Pg 27]</a></span> at the call of duty, to encounter the most powerful foes. The Scots +were taken by surprise. Some were at supper, and others had gone to rest +when the alarm was given that the English were approaching.</p> + +<p class="poem">But up then spake a little page,<br /> +<span style="margin-left: 1em;">Before the peep of dawn—</span><br /> +“O waken ye, waken ye, my good lord,<br /> +<span style="margin-left: 1em;">For Percy’s hard at hand.”</span><br /> +<br /> +“Ye lie, ye lie, ye liar loud!<br /> +<span style="margin-left: 1em;">Sae loud I hear ye lie;</span><br /> +For Percy had not men yestreen,<br /> +<span style="margin-left: 1em;">To dight my men and me.</span><br /> +<br /> +“But I have dream’d a dreary dream,<br /> +<span style="margin-left: 1em;">Beyond the Isle of Sky;</span><br /> +I saw a dead man win a fight,<br /> +<span style="margin-left: 1em;">And I think that man was I.”</span><br /> +<br /> +He belted on his guid braid sword,<br /> +<span style="margin-left: 1em;">And to the field he ran;</span><br /> +But he forgot the helmit good,<br /> +<span style="margin-left: 1em;">That should have kept his brain.</span></p> + +<p> </p> +<p>The battle now raged in earnest. A bright warm day had been followed by a +clear still moonlight night. “The fight,” says Godscroft, “was continued +very hard as among noble men on both sides, who did esteem more of glory +than life. Percy strove to repair the foil he got at Newcastle, and the +Earl Douglas did as much labour to keep the honour he had won. So in +unequal numbers, but both eager in mind, they continued fighting a great +part of the night. At last a cloud covering the face of the moon, not +being able to discern friend from foe, they took some respite for a while; +but so soon as the<span class="pagenum"><a name="Page_28" id="Page_28">[Pg 28]</a></span> cloud was gone, the English gave so hard a charge, +that the Scots were put back in such sort, that the Douglas standard was +in great peril to have been lost. This did so irritate him, that he +himself in the one wing, and the two Hepburns (father and son) in the +other, pressing through the ranks of their own men, and advancing to the +place where the greatest peril appeared, renewed a hard conflict, and by +giving and receiving many wounds, they restored their men into the place +from whence they had been beaten, and continued the fight till the next +day at noon.”<small><a name="f9.1" id="f9.1" href="#f9">[9]</a></small> Foremost, in the thick of the fray, was the dauntless +Douglas, laying about him on every side with a mace of iron, which two +ordinary men were not able to lift, “and making a lane round about +wheresoever he went.”</p> + +<p class="poem">When Percy wi’ the Douglas met<br /> +<span style="margin-left: 1em;">I wat he was fu’ fain!</span><br /> +They swakked their swords till sair they swat,<br /> +<span style="margin-left: 1em;">And the blood ran down like rain.</span></p> + +<p>“Thus he advanced like another Hector, thinking to recover and conquer the +field, from his own prowess, until he was met by three spears that were +pointed at him: one struck him on the shoulder, another on the stomach, +near the belly, and the third entered his thigh. He could never disengage +himself from these spears, but was borne to the ground fighting +desperately. From that moment he never rose again. Some of his knights and +squires had followed him, <span class="pagenum"><a name="Page_29" id="Page_29">[Pg 29]</a></span>but not all; for though the moon shone it was +rather dark. The three English lances knew they had struck down some +person of considerable rank, but never thought it was Earl Douglas: had +they known it they would have been so rejoiced that their courage would +have been redoubled, and the fortune of the day had consequently been +determined to their side. The Scots were ignorant also of their loss till +the battle was over, otherwise they would certainly, from despair, have +been discomfited.”<small><a name="f10.1" id="f10.1" href="#f10">[10]</a></small></p> + +<p>When at last the dying Douglas was discovered by his kinsman, James +Lindsay and John and Walter Sinclair, and was asked how he fared, he +replied, “I do well dying as my predecessors have done before; not on a +bed of lingering sickness, but in the field. These things I require you as +my last petitions; First, that ye keep my death close both from my own +folk, and from the enemy; then that ye suffer not <ins class="correction" title="original reads 'my my'">my</ins> standard to be lost, +or cast down; and last that ye avenge my death, and bury me at Melrose +with my father. If I could hope for these things, I should die with the +greater contentment, for long since I heard a prophecy that a dead man +should win a field, and I hope in God it shall be I.”<small><a name="f11.1" id="f11.1" href="#f11">[11]</a></small></p> + +<p class="poem">“My wound is deep; I fain would sleep,<br /> +<span style="margin-left: 1.5em;">Take thou the vanguard of the three,</span><br /> +<span style="margin-left: 0.5em;">And hide me by the bracken bush,</span><br /> +<span style="margin-left: 1em;">That grows on yonder lilye lee.</span><br /> +<span class="pagenum"><a name="Page_30" id="Page_30">[Pg 30]</a></span><br /> +“O bury me by the bracken bush,<br /> +<span style="margin-left: 1.5em;">Beneath the blooming brier,</span><br /> +<span style="margin-left: 0.5em;">Let never living mortal ken,</span><br /> +<span style="margin-left: 1em;">A kindly Scot lies here.”<small><a name="f12.1" id="f12.1" href="#f12">[12]</a></small></span></p> + +<p>Throwing a shroud over the prostrate body of the wounded and dying +soldier, that the enemy might not discover who it was that had fallen, +they raised the standard and shouted lustily “a Douglas! a Douglas!” and +rushed with might and main upon the English host. Soon the English ranks +began to waver, and when at last it was known that Hotspur had been taken +prisoner by the Earl of Montgomery, “The enemy fled and turned their +backs.” According to Godscroft there were 1840 of the English slain, 1040 +taken prisoners, and 1000 wounded. The losses on the Scottish, according +to the same historian, were comparatively trifling, amounting only to 100 +slain and 200 taken prisoners.</p> + +<p class="poem">This deed was done at Otterbourne<br /> +<span style="margin-left: 1em;">About the breaking of the day,</span><br /> +Earl Douglas was buried at the bracken bush,<br /> +<span style="margin-left: 1em;">And the Percy led captive away.</span></p> + +<p> </p> +<p>There are several incidents connected with this famous battle that are +worthy of special notice, but one in particular demands a passing word. +The Bishop of Durham, at the head of ten thousand men, appeared on the +field almost immediately after the battle had ended. The Scots were +greatly alarmed, and scarcely <span class="pagenum"><a name="Page_31" id="Page_31">[Pg 31]</a></span>knew how, in the circumstances,—having so +many prisoners and wounded to attend to,—they were to meet this +formidable host. They fortified their camp, having only one pass by which +it could be entered; made their prisoners swear that, whether rescued or +not, they would remain their prisoners; and then they ordered their +minstrels to play as merrily as possible. The Bishop of Durham had +scarcely approached within a league of the Scots when they began to play +such a concert that “it seemed as if all the devils in hell had come +thither to join in the noise,” so that those of the English who had never +before heard such were much frightened. As he drew nearer, the noise +became more terrific—“the hills redoubling the sound.” The Bishop being +impressed with the apparent strength of the camp, and not a little alarmed +at the discordant piercing sounds which proceeded from it, thought it +desirable to retreat as speedily as possible, as it appeared to him that +there were greater chances of loss than gain. “He was affrighted with the +sound of the horns.”</p> + +<p>Thus ended one of the most notable battles on record. The flower of the +chivalry of both nations took part in it, and never did men acquit +themselves with greater credit. Indeed it is generally admitted that the +valour displayed on both sides has rarely, if ever, been surpassed. But +perhaps most notable of all was the kindness and consideration displayed<span class="pagenum"><a name="Page_32" id="Page_32">[Pg 32]</a></span> +towards those who had been wounded or taken prisoner. The former were +tended with the greatest care; and as for the latter, the most of them +were permitted to go back to their homes, after having given their word of +honour that they would return when called upon. Not more than four hundred +prisoners were carried into Scotland, and some of these were allowed to +regain their liberty by naming their own ransom.</p> + +<p>Many severe accusations have been brought against Scotsmen, and especially +Borderers, for their cruelty and inhumanity in time of war. It is perhaps +possible to make good this indictment; but we do not believe that in +regard to such matters the Scots were worse than their neighbours. And if +they had great vices, they had also splendid virtues. They were brave, +truthful, courteous, too ready perhaps to draw the sword on the slightest +provocation, but as has been shown in the present instance, they were +incapable of taking a mean advantage of a fallen foe. They loved fighting +for its own sake, as well as for the sake of the “booty,” but when the +battle was over they cherished few resentments. The splendid qualities, +physical and moral, so conspicuously brought to view in the battle of +Otterburn cannot fail to suggest what a magnificent country Scotland might +have become many centuries ago had she only been blessed with wise Kings +and a strong Government.</p> + + +<p> </p><p> </p> +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_33" id="Page_33">[Pg 33]</a></span></p> +<h2><a name="III" id="III"></a>III.</h2> +<h3>POOR AND LAWLESS.</h3> + +<table border="0" cellpadding="0" cellspacing="5" summary="III"> +<tr><td>“Mountainous and strange is the country,<br /> +<span style="margin-left: 1em;">And the people rough and savage.”</span></td></tr></table> + + +<p> </p> +<p><span class="dropfig"><img src="images/drop_w.jpg" alt="W" /></span>e have seen that the feeling of hatred to the English which prevailed on +the Scottish Borders was due to some extent to the memory of the wrongs +which the Borderers had suffered at the hands of their hereditary enemies. +That this feeling had something to do with the existence and development +of the reiving system, must be apparent to every student of history and of +human nature. It was the most natural thing in the world that the dwellers +on the Scottish Border should seek to retaliate; and as the forces at +their command were seldom powerful enough to justify their engaging in +open warfare, they resorted to the only other method of revenge which held +out to them any hope of success.</p> + +<p>But while this aspect of the situation ought to be kept prominently in +view, there are other factors of the problem which must not be overlooked. +In the Middle Ages the district of country known as the Borders must have +presented a very different appearance<span class="pagenum"><a name="Page_34" id="Page_34">[Pg 34]</a></span> from what it does at the close of +the 19th century. The Merse, which is now, for the most part, in a high +state of cultivation, and capable of bearing the finest crops, was then in +a comparatively poor condition, looked at from an agricultural point of +view. The soil in many places was thin, poor, and marshy. Drainage was +unknown, and the benefits accruing from the rotation of crops, and the +system of feeding the soil with artificial manures, so familiar in these +days of high farming, were then very inadequately appreciated. Perhaps an +exception to this statement ought to be made in favour of the land held +and cultivated by the great religious houses, such as Melrose, Jedburgh, +and Kelso. The tenants on these lands enjoyed special privileges and +immunities, and were thus able to prosecute their labour not only with +more skill, but with a greater certainty of success. It is sometimes said +that the monks knew where to pitch their camps; that they appropriated to +their own use and benefit the fairest and richest parts of the country; +but, as Lord Hailes very pertinently remarks, “When we examine the sites +of ancient Monasteries, we are sometimes inclined to say with the vulgar, +that the clergy in former times always chose the best of the land, and +the most commodious habitations, but we do not advert, that religious +houses were frequently erected on waste grounds, afterwards improved by +the art and industry<span class="pagenum"><a name="Page_35" id="Page_35">[Pg 35]</a></span> of the clergy, who alone had +art and industry.”<small><a name="f13.1" id="f13.1" href="#f13">[13]</a></small> +The land held by these houses was cultivated on more or less scientific +principles. “Within the precincts of the wealthier abbeys,” says Skelton, +“an active industrial community was housed. The prescribed offices of the +church were of course scrupulously observed: but the energies of the +society were not exclusively occupied with, nor indeed mainly directed to, +the performance of religious duties. The occupants of the monasteries wore +the religious garb; but they were road-makers, farmers, merchants, +lawyers, as well as priests.... The earliest roads in Scotland that +deserved the name were made by the Monks and their dependents; and were +intended to connect the religious houses as trading societies with the +capital or nearest seaport. A decent public road is indispensable to an +industrial community: and a considerable portion of the trade of the +country was in the hands of the religious orders. The Monks of Melrose +sent wool to the Netherlands; others trafficked in corn, in timber, in +salmon.... Each community, each order, as was natural, had its +characteristic likings and dislikings. One house turned out the best +scholars and lawyers, another the finest wool and the sweetest mutton; one +was famed for poetry and history, another for divinity <span class="pagenum"><a name="Page_36" id="Page_36">[Pg 36]</a></span> +or medicine.”<small><a name="f14.1" id="f14.1" href="#f14">[14]</a></small> +It would therefore be nearer the truth to say that the monks made the +districts in which they lived rich and fertile; than that they found them +so, and took possession of them in consequence.</p> + +<p>But beyond the sphere of these monastic institutions, the state of matters +from an agricultural point of view could hardly have been worse. This was +mainly due to the fact that, so far as Berwickshire and some parts of +Dumfriesshire are concerned, the tiller of the soil was never sure that he +would have the privilege of reaping his harvest. By the time the grain was +ready for the sickle an English army might invade the country and give the +crops to the flames. This happened so frequently, and the feeling of +insecurity thus became so great, that husbandry at times was all but +abandoned. There can be no doubt that this was one prime factor in +creating the poverty which was so long a marked and painful feature of the +life of the Scottish Borders.</p> + +<p>On the other hand, there was a considerable extent of country, extending +from Jedburgh to Canobie, which was practically unfit for cultivation. The +Royal Forest of Ettrick was of great extent, and was reserved as a happy +hunting ground for the Court and its minions. Along the banks of the +Teviot and the Liddle, embracing a considerable portion of Roxburgh <span class="pagenum"><a name="Page_37" id="Page_37">[Pg 37]</a></span>and +Dumfries, the extent of land capable of cultivation was by no means great, +even though it had been found practical, or politic, to put it under the +ploughshare. This region is one of the most mountainous in the South of +Scotland, and in ancient times abounded in quaking bogs and inaccessible +morasses. This district naturally became the favourite haunt of the Border +reiver. Here he could find ways and means either of securing his own +cattle, or those he had “lifted,” from the search of the enemy by driving +them into some inaccessible retreat, the entrance to which it was +difficult, if not impossible, for strangers to discover.</p> + +<p>Of the general condition of the country at this time a vivid picture has +been given by Æneas Sylvius, one of the Piccolomini, afterwards Pius II., +who visited Scotland in the year 1413. He thus writes:—“Concerning +Scotland he found these things worthy of repetition. It is an <i>island +joined</i> to England, stretching two hundred miles to the North, and about +fifty broad: a cold country, fertile of few sorts of grain, and generally +void of trees, but there is a sulphureous stone dug up which is used for +firing. The towns are unwalled, the houses commonly built without lime, +and in villages roofed with turf, while a cow’s hide supplies the place of +a door. The commonalty are poor and uneducated, have abundance of flesh +and fish, but eat bread as a dainty. The men are small in stature, but<span class="pagenum"><a name="Page_38" id="Page_38">[Pg 38]</a></span> +bold; the women fair and comely, and prone to the pleasures of love, +kisses being esteemed of less consequence than pressing the hand is in +Italy. The wine is all imported; the horses are mostly small ambling nags, +only a few being preserved entire for propagation; and neither curry-combs +nor reins are used. From Scotland are imported into Flanders hides, wool, +salt, fish, and pearls. <i>Nothing gives the Scots more pleasure than to +hear the English dispraised.</i> The country is divided into two parts, the +cultivated lowlands, and the region where agriculture is not used. The +wild Scots have a different language, and sometimes eat the bark of trees. +There are no wolves. Crows are new inhabitants, and therefore the tree in +which they build becomes royal property. At the winter, when the author +was there, the day did not exceed four hours.”</p> + +<p>That there are several inaccuracies in this account goes without saying, +but they are just such mistakes as a person making a hurried run through +the country would very naturally commit. Wolves and crows were much more +plentiful at that period than the inhabitants wished, as may be seen from +various Acts of Parliament which were passed in order to promote their +destruction. But the general description of the country here given agrees, +in its main details, with other contemporary records, and presents a truly +dismal picture of the poverty of the people.</p> + +<p><span class="pagenum"><a name="Page_39" id="Page_39">[Pg 39]</a></span>Even as late as the 16th century there were few well-formed roads, other +than those already mentioned. There were no posts, either for letters or +for travelling. Education was confined to the library of the Convent, +where the sons of the barons were taught dialectic and grammar. Society +consisted mainly of the agricultural class, who were half enslaved to the +lords of the soil, and obliged to follow them in war. The people were +fearfully rude and ignorant, much more so than the English—in this +respect, indeed, contrasting unfavourably with almost any other European +State. Few of them could either read or write; even the most powerful +barons were often unable to sign their names. As might be expected in such +a condition of society, the nobles exercised great oppression on the poor. +The Government of the country was a mere faction of the nobility as +against all the rest. It is said that when a man had a suit at law he felt +he had no chance without using “influence.” Was he to be tried for an +offence, his friends considered themselves bound to muster in arms around +the court to see that he got justice; that is, to get him off unpunished +if they could. Men were accustomed to violence in all forms as to their +daily bread. “The hail realm of Scotland was sae divided in factions that +it was hard to get any peaceable man as he rode out the hie way, to +profess himself openly, either to be a favourer to the King<span class="pagenum"><a name="Page_40" id="Page_40">[Pg 40]</a></span> or Queen. All +the people were castin sae lowss, and were become of sic dissolute minds +and actions, that nane was in account but he that could either kill or +reive his <ins class="correction" title="original reads 'neigbours'">neighbours</ins>.”<small><a name="f15.1" id="f15.1" href="#f15">[15]</a></small></p> + +<p>Such facts as these indicate in a remarkable way the extraordinary +weakness of the executive government. It is abundantly evident that the +Scottish Parliament was most exemplary in passing measures for the +protection and amelioration of the people, but as Buchanan naively +remarks, “There was ane Act of Parliament needed in Scotland, a decree to +enforce the observance of the others.” The King’s writ did not run in many +districts of the country. The unfortunate element in the situation was +that it did not always coincide with the interests of the nobles to see +that the decrees of the Estates were carried into effect; and as a general +rule what did not happen to accord with their humour was set aside as of +no moment. The consequence was that many Acts of Parliament, relating +especially to the abnormal condition of the Borders, were no sooner passed +than they were treated as practically obsolete. This accounts for the +curious fact that we find the legislature returning again and again, at +brief intervals, to the consideration of the same questions, and issuing +orders which might as well never have been recorded. When the counsels <span class="pagenum"><a name="Page_41" id="Page_41">[Pg 41]</a></span>of +a nation are thus divided, and especially when those who are charged with +the administration of the law pay no regard to it, in their own persons, +it would be a marvel if lawlessness in its multifarious forms did not +become the dominant characteristic of the great body of the people. That +this was the result produced is painfully evident. The great barons were +practically supreme within their own domains, for while the execution of +the laws might nominally pertain to the Sovereign, the soldiers belonged +to their Chiefs, and were absolutely at their command. Laws which cannot +be enforced at the point of the sword must in the nature of the case +remain practically inoperative. This unfortunate condition of affairs was +a fruitful source of misery and mischief, especially on the Borders, where +the prevalence of the clan-system conferred on the Chiefs the most +arbitrary and far-reaching powers. Had there been any possibility of +bringing the Border barons under effective governmental control “the +thefts, herschips, and slaughters,” for which this district was so long +notorious, would have been in great part prevented. These men not only +incited to crime, but standing as they did between the ruler and the +ruled, they threw the ægis of their protection over the lawless and +disobedient.</p> + +<p>If only that nation is to be reckoned happy which has few laws, but is +accustomed to obey them, then<span class="pagenum"><a name="Page_42" id="Page_42">[Pg 42]</a></span> Scotland, and the Borders in particular, +must have been in a most unfortunate condition during a lengthened period +of its history. The laws passed were numerous; the obedience rendered most +difficult to discover. But while these enactments rarely succeeded in +producing the results aimed at, they are, notwithstanding, exceedingly +valuable to the historian because of the interesting light they cast on +the conditions and habits of the people. In the year 1567, in the first +Parliament of James VI., an important Act was passed, entitled “Anent +Theft and Receipt of Theft, Taking of Prisoners by Thieves, or Bands for +Ransoms, and Punishment of the same.” It relates especially to the +Sheriffdoms of Selkirk, Roxburgh, Peebles, Dumfries, and Edinburgh, “and +other inhabitants of the remanent Shires of the Realm,” bearing that it is +not unknown of the continual theft, reif, and oppression committed within +the bounds of the said Sheriffdoms, by thieves, traitors, and other +ungodly persons, having neither fear of God nor man, which is the chief +cause of the said thefts. And that the said thieves and “broken men” +commit daily “thefts, reifs, herschips, murders, and fire raisings” upon +the peaceable subjects of the country, “besides also takes sundrie of +them,” detains them in captivity as prisoners, ransoms them, “or lettis +them to borrowis for their entrie again.” In like manner, it is said, +divers subjects of the inland,<span class="pagenum"><a name="Page_43" id="Page_43">[Pg 43]</a></span> take and sit under their assurance paying +them blackmail, and permitting them to “reif, herrie, and oppress their +nichtbouris” with their knowledge and in their sight, without resistance +or contradiction.</p> + +<p>To remove these inconveniences it was statute and ordained that whoever +receipted, fortified, maintained, or gave meat, harbourage, or assistance +to any thieves in their theftuous stealing or deeds, either coming +thereto, or passing therefrom, or intercommunes or trysts with them, +without licence of the keeper of the country, where the thief remains +shall be called therefore at particular diets “criminally other airt and +pairt in their theftuous deeds,” or proceeded against civilly, after +fifteen days warning, “without diet or tabill.” It was further ordained +under pain of lese majesty, that no true and faithful lieges taken by +these men should be holden to enter to them, all bonds to the contrary +notwithstanding. And if anyone should happen to take and apprehend any of +the said thieves, either in passing to commit said theft, or in the actual +doing thereof, or in their returning thencefrom, he was in no case to set +them at liberty; but to present them before the Justice, and his deputies +in the tolbooth of Edinburgh, within fifteen days, “gif their takeris +justifye them not to the death them selfis.” Further, it was ordained that +none take assurance, or sit under assurance of said thieves, or pay them +blackmail, or give them meat or drink, under pain of death. In<span class="pagenum"><a name="Page_44" id="Page_44">[Pg 44]</a></span> like +manner when thieves repaired to steal or reive within the incountry the +lieges were commanded to rise, cry, and raise the fray and follow them, +coming or going, on horse and foot, for recovery of the goods stolen, and +apprehending of their persons, under pain of being held partakers in the +said theft. It was also added that if any open and notorious thief came to +a house, the owner of the house might apprehend him without reproach.<small><a name="f16.1" id="f16.1" href="#f16">[16]</a></small></p> + +<p>These enactments are at once minute and comprehensive, and had the power +to enforce them corresponded in any degree with the good intentions of +those who framed them, there would have been a considerable change +produced in the affairs of the Border. But the truth is these so-called +statutes were but little better than mere “pious opinions,” reflecting +credit on those responsible for them, but producing no impression, or next +to none, on the country. Not many years after the passing of these Acts we +find the Estates busy at work again passing measure after measure for the +quieting of the disordered subjects on the Borders, for the staunching of +theft and slaughter, and the punishment of “wicked thieves and limmers.” +Things had gone from bad to worse. Every man’s hand was against his +neighbour. Clan rose against clan; the Scotts and the Kerrs, the Maxwells +and <span class="pagenum"><a name="Page_45" id="Page_45">[Pg 45]</a></span>Johnstones, were constantly embroiled in petty warfare, the results +of which, however, were sometimes most disastrous. “The broken +men”—Græmes, Armstrongs, Bells, and other inhabitants of the Debateable +land—finding it either unsafe or inconvenient to commit such frequent +“herschips” on the English border, betook themselves with all their +accustomed enthusiasm to the plundering of their Scottish neighbours. They +are described as “delighting in all mischief, and maist unnaturally and +cruelly wasting and destroying, harrying and slaying, their own +neighbours.” The Privy Council at last determined to deal with these +matters, and arranged to sit on the first day of every month in the year +for this purpose. Trial and injunction was to be taken of the diligence +done in the execution of things directed the month preceding, and of +things necessary and expedient to be put in execution during the next +month to come, and that a special register be kept of all that shall +happen to be done and directed in matters concerning the quietness and +good rule of the Borders. But to make assurance doubly sure it was also +ordained at the same time that all landlords and bailies of the lands, +should find sufficient caution and surety, under pain of rebellion, to +bring all persons guilty of “reife, theft, receipt of theft, depredations, +open and avowed fire-raisings, upon deadly feud, protected and maintained +by their masters,” before “our sovereign <ins class="correction" title="original reads 'lord s'">lord’s</ins><span class="pagenum"><a name="Page_46" id="Page_46">[Pg 46]</a></span> Justice,” to underlie the +law for the same. Failing their doing so, the landlords and bailies were +bound to satisfy the party skaithed, and to refund, content, and pay to +them their “herschips and skaithes.” And further, the chief of the clan, +in the bounds where “broken men” dwell, and to which “broken men” repair +in their passing to steal and reive, or returning therefrom, shall be +bound to make the like stay and arrestment, and publication as the +landlords or bailies, and be subject to the like redress, criminal and +civil, in case of their failure and negligence. In addition to the +foregoing ordinances, it was resolved that all Captains, Chiefs, and +Chieftains of the clans, dwelling on the lands of divers landlords, shall +enter pledges for those over whom they exercise authority, upon fifteen +days’ notice, before his Highness and his secret Council, said pledges to +be placed as his Highness shall deem convenient—“for the good rule in +time coming, according to the conditions above written whereunto the +landlords and bailies are subject; under the pain of the execution of the +said pledges to the death, and no redress made by the persons offended for +whom the pledges lie.”</p> + +<p>We also learn from another Act of Parliament, passed at the same time, +that all pledges received for the good rule and quietness of the Border +shall be placed on the north side of the water of Forth, without exception +or dispensation; and the pledges<span class="pagenum"><a name="Page_47" id="Page_47">[Pg 47]</a></span> for the good rule of the Highlands and +Isles, to be placed on the south side of the same water of Forth.</p> + +<p>But one of the most extraordinary Acts passed by this Parliament was an +Act forbidding the Scottish Borderers to marry the daughters of the +“broken men” or thieves of England, as it was declared this was “not only +a hindrance to his Majesty’s service and obedience, but also to the common +peace and quietness betwixt both the Realms.” It was therefore statute and +ordained “that nane of the subjects presume to take upon hand to marrie +with onie English woman, dwelling in the opposite Marches, without his +Highness’ express licence, had and obtained to that effect, under the +great Seal; under the paine of death, and confiscation of all his goods +moveable; and this be a special point of dittay in time cumming.”</p> + +<p>These enactments were doubtless well meant, and under ordinary +circumstances might have been expected to bring about beneficial results; +but unfortunately they were treated with callous indifference. No +improvement was effected. The “broken men” were not to be intimidated by +such measures. They laughed at Parliament, and scorned the laws. This is +brought out in the most conclusive manner in the records of the State +Paper Office, as we shall have occasion to point out in succeeding +chapters. But proof of another kind lies ready to hand. An Act<span class="pagenum"><a name="Page_48" id="Page_48">[Pg 48]</a></span> of +Parliament was passed in 1593, just six years after those already noticed, +in which complaint is made of the rebellious contempt of his Highness’ +subjects who, without regard of their dutiful obedience, pass daily to the +horn, “for not finding of law surety;” and “for not subscribing of +assurances in matter of feud,” and for “dinging and stricking his +Majesty’s messengers,” in execution of their offices. Notice is also taken +of some who nightly and daily reive, foray, and commit open theft and +oppression: “for remead whereof, our said Sovereign Lord, ordains the Acts +and laws made before to be put to execution, and ratifies and approves the +same in all points.” It was further ordained that no respite or remission +was to be granted at any time hereafter to any person or persons that pass +to the horn for “theft, reif, slauchter, burning or heir-shippe, while the +party skaithed be first satisfied; and gif ony respite or remission shall +happen to be granted, before the partie grieved be first satisfied, the +samin shall be null and of nane avail, be way of exception or reply, +without any further declaritour; except the saidis remissiones and +respittes be granted, for pacifying of the broken Countries and +Borders.”<small><a name="f17.1" id="f17.1" href="#f17">[17]</a></small></p> + +<p>These may be regarded as fair samples of the long list of measures passed +at different times by the <span class="pagenum"><a name="Page_49" id="Page_49">[Pg 49]</a></span>Scottish Parliament for the regulation of +Border affairs during the reign of the Jameses. In reading them one is +forcibly reminded of a remark made by one of the English wardens, that +“things were very tickle on the Scottish Border.” No respect was paid to +the law, either by the Chiefs or their clansmen. In the preface to Cary’s +Memoirs, these Scottish Borderers are described as “equalling the Caffirs +in the trade of stealing, and the Hottentots in ignorance and brutality.” +This savage indictment is borne out by Sir William Bowes who, in a letter +to Burghley in the year 1593—nearly forty years after the +Reformation—thus writes:—“The opposite wardens and officers being always +Borderers bred and dwelling there, also cherish favourites and strengthen +themselves by the worst disposed, to support their factions. And as they +are often changed by the King for their misdemeanours, the new man always +refuses to answer for attempts before his time. Cessford the warden cannot +answer for the whole Middle March, but must seek to Fernihirst for one +part, and Buccleuch for Teviotdale.</p> + +<p>“<i>Execrable murders are constantly committed</i>, whereof 4 new complaints +were made to the lords in the few days they were here, and 3 others this +month in Atholstonmoor. The gentlemen of the Middle March recount out of +their memories nearly 200 Englishmen, miserably murdered by the Scots, +since the tenth<span class="pagenum"><a name="Page_50" id="Page_50">[Pg 50]</a></span> year of her Majesty’s reign, for which no redress hath at +all been made.... I have presumed to testify this much to your lordship +more tediously than I should; yet will be ready to do more particularly, +if you direct me. Praying you to receive from some other, equally heedful +of truth—and in meantime trusting you will cover my name from undeserved +offence—I pray God to make you an instrument under our gracious sovereign +to cure the aforesaid gangrene thus noisomely molesting the foot of this +kingdom.”<small><a name="f18.1" id="f18.1" href="#f18">[18]</a></small></p> + +<p>This “gangrene” was of long standing, and as we shall find was not to be +easily eradicated.</p> + +<p>But while poverty,—largely due to circumstances over which the people had +no control,—and lawlessness,—the result of the inherent weakness of the +central government,—had much to do in creating that condition of affairs +on the Borders which we have briefly described, there were other and +perhaps more potent causes which demand consideration. Foremost among +these was the almost entire absence of the restraints and sanctions of +religion. In one of the Acts of Parliament already noticed it is +significantly declared that one of the principal causes of the lawlessness +of the Borders was that “they had neither the fear of God nor man.” To +those familiar with certain phases of <span class="pagenum"><a name="Page_51" id="Page_51">[Pg 51]</a></span>Border history this may appear +somewhat anomalous. At an early period in the religious life of Scotland +this district was brought under the influence of the Evangel by St. Aidan +and St. Cuthbert. That the work of these missionaries was signally +successful, is shown in the large number of churches planted all over the +Borderland. After the time of Queen Margaret, whose influence in certain +directions was almost marvellously potent, the great religious houses of +the Borders rose in rapid succession, such as Melrose, Kelso, and +Jedburgh, each a centre and source of religious and social wellbeing. The +moral life of the people, notwithstanding the existence of such beneficent +institutions, may have been of an indifferent character; but what the +state of matters might have been, had those places, and what they +represented, never been in existence at all, it is impossible to conceive. +It was a true instinct which led the people to regard the Abbey of +Haddington as the “Lamp of the Lothians.” And the same designation might +have been applied with equal appropriateness to every Abbey in the +country. Those places for many generations represented all that was +highest and best in the thought and life of Mediævalism. Here law and +order were supreme. Round those religious houses industrial, orderly +communities sprang up, whose influence was felt throughout the length and +breadth of the land.<span class="pagenum"><a name="Page_52" id="Page_52">[Pg 52]</a></span> The Monasteries may deserve all that was said of +them in later times, but, throughout a considerable period of their +history, their influence was almost wholly beneficial. Scotland owes much +to them, and there is no reason why the fact should not be generously +recognised. It is no doubt true that, for some considerable time before +the Reformation, those great institutions had sadly degenerated. “Jeshurun +waxed fat and kicked.” The time came when they had, perforce, to yield to +those disintegrating processes which usually herald the advent of reform. +The old order changeth. The new wine of a democratic Protestantism, in +which the claims of the individual, his right to think for himself, and +form his own judgments, are prominent ingredients, agreed but +indifferently with the old bottles of an earlier Faith and Polity. And so +the Monasteries disappeared.</p> + +<p>But it was long ere the new light of the Reformation made itself +practically felt on the Borders. When the influences which had hitherto +been so potent ceased to operate, a condition of religious and moral chaos +supervened. Hundreds of churches were left without ministers. Whole +districts practically lapsed into barbarism. For at least fifty years +after the Reformation, the Scottish Borders were to all intents and +purposes out-with the influence of the Church. Even as late as the +Covenanting period their condition had not greatly improved. “We learn,” +says Sir<span class="pagenum"><a name="Page_53" id="Page_53">[Pg 53]</a></span> Walter Scott, “from a curious passage in the life of Richard +Cameron, a fanatical preacher during what is called the time of +‘persecution,’ that some of the Borderers retained till a late period +their indifference about religious matters. After having been licensed at +Haughead, in Teviotdale, he was, according to his biographer, sent first +to preach in Annandale. ‘He said, How can I go there? I know what sort of +people they are.’ But Mr Welch said, ‘Go your way, Ritchie, and set the +fire of hell to their tails.’ He went, and the first day he preached on +the text—<i>How shall I put thee among the children, &c.</i> In the +application he said, ‘Put you among the children! the offspring of thieves +and robbers! we have all heard of Annandale thieves.’ Some of them got a +merciful cast that day, and told afterwards that it was the first field +meeting they had ever attended, and that they went out of mere curiosity, +to see a minister preach in a tent, and people sit on the ground.”<small><a name="f19.1" id="f19.1" href="#f19">[19]</a></small></p> + +<p>During the period of religious decadence, prior to the Reformation, a +remarkable custom, not unknown elsewhere, prevailed on the Borders. Owing +to the scarcity of clergymen, especially in the Vales of Ewes, Esk, and +Liddle, the rites of the church were only intermittently celebrated, a +circumstance which gave rise to what was known as <i>Hand-fasting</i>. Loving +<span class="pagenum"><a name="Page_54" id="Page_54">[Pg 54]</a></span>couples who met at fairs and other places of public resort agreed to live +together for a certain period, and if, when the <i>book-a-bosom</i> man, as the +itinerant clergyman was called, came to pay his yearly visit to the +district, they were still disposed to remain in wedlock they received the +blessing of the church; but if it should happen that either party was +dissatisfied, then the union might be terminated, on the express +condition, however, that the one desiring to withdraw should become +responsible for the maintenance of the child, or children, which may have +been born to them. “The connection so formed was binding for one year +only, at the expiration of which time either party was at liberty to +withdraw from the engagement, or in the event of both being satisfied the +‘hand-fasting’ was renewed for life. The custom is mentioned by several +authors, and was by no means confined to the lower classes, John Lord +Maxwell and a sister of the Earl of Angus being thus contracted in January +1577.”<small><a name="f20.1" id="f20.1" href="#f20">[20]</a></small></p> + + +<p> </p><p> </p> +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_55" id="Page_55">[Pg 55]</a></span></p> +<h2><a name="IV" id="IV"></a>IV.</h2> +<h3>RAIDS AND FORAYS.</h3> + +<table border="0" cellpadding="0" cellspacing="5" summary="IV"> +<tr><td>“Then forward bound both horse and hound,<br /> +<span style="margin-left: 1em;">And rattle o’er the vale;</span><br /> +<span style="margin-left: 0.5em;">As the wintry breeze through leafless trees</span><br /> +<span style="margin-left: 1em;">Drives on the pattering hail.</span><br /> +<br /> +“Behind their course the English fells<br /> +<span style="margin-left: 1em;">In deepening blue retire;</span><br /> +<span style="margin-left: 0.5em;">Till soon before them boldly swells</span><br /> +<span style="margin-left: 1em;">The muir of dun Redswire.”</span></td></tr> +<tr><td><span style="margin-left: 14em;"><span class="smcap">Leyden.</span></span></td></tr></table> + +<p> </p> +<p><span class="dropfig"><img src="images/drop_t.jpg" alt="T" /></span>o give anything like an adequate account of the various raids and forays, +on the one side of the Border and the other, would fill many volumes. +These raids, as we have already noticed, began at an early period, and +were carried on almost without intermission for at least three hundred +years. The Armstrongs and Elliots in Liddesdale, and many of the other +noted clans in Merse and Teviotdale, were “always riding.” As an English +warden remarks in one of his despatches to the Government:—“They lie +still never a night”—a statement which may be accepted as literally true. +At some point or other<span class="pagenum"><a name="Page_56" id="Page_56">[Pg 56]</a></span> along the Border line, invasions either on the +part of the Scots or English were constantly occurring. In this respect, +more especially during the reign of Queen Elizabeth, the Scots were +perhaps the principal offenders. But as a general rule their invasions, +though frequent, were on a comparatively small scale, partaking rather of +the nature of forays than of raids. They would hurriedly cross the Border +of an evening, drive together as many cattle or sheep as they could find, +and then hasten back with all possible speed to their own country. +Sometimes, if they were compelled to go a considerable distance inland, +they would hide during the day in some quiet glen, within the enemy’s +territory, and then sally forth as soon as the moon lent her kindly aid, +and accomplish with the utmost expedition the task which had brought them +thither. It is said that these incursions were marked with the desire of +spoil rather than of slaughter, a statement which may be true so far as +forays generally are concerned, but which certainly does not apply to the +more important raids. These latter incursions were marked with every +element of ferocity and bloodshed. In some of the raids conducted by +Cessford and Buccleuch, in the 15th century, in Redesdale and Tynedale, +many lives were sacrificed, and all who offered resistance were put to the +sword. Hertford, Wharton, and others, in their raids upon the Scottish +Border seemed often more<span class="pagenum"><a name="Page_57" id="Page_57">[Pg 57]</a></span> intent on shedding blood than securing booty. +The statement that these incursions were marked with a desire of spoil +rather than bloodshed must therefore be accepted <i>cum grano salis</i>.</p> + +<p>It would seem that the season of year most favourable to reiving was +between Michaelmas and Martinmas. The reason of this is not difficult to +discover. The reivers in their expeditions hardly ever went on foot. They +rode small hackneys—hardy, well-built animals—on which they cantered +over hill and dale, moor and meadow, a circumstance which gained for them +the name of <i>hobylers</i>. In the late autumn the moors and mosses were drier +than at any other season of the year, which made riding, in certain +districts especially, a much more easy and expeditious undertaking. Then +the winter supply had to be secured. The beef tub required replenishing, +and as the “mart” was rarely ever fed at home it had to be sought for +elsewhere. It was a case of all hands to work, and every available horse +or rider was brought into requisition.</p> + +<p>Leslie has given a graphic description of the methods adopted by the +Border reivers to secure their booty. Everything was gone about in the +most orderly and deliberate manner. He says that the reivers never told +their beads with so much devotion as when they were setting out on a +marauding expedition, and expected a good booty as a recompense of<span class="pagenum"><a name="Page_58" id="Page_58">[Pg 58]</a></span> their +devotion! “They sally out of their own borders in troops, through +unfrequented ways and many intricate windings. In the day time they +refresh themselves and their horses in lurking places they had pitched on +before, till they arrive in the dark at those places they have a design +upon. As soon as they have seized upon their booty, they, in like manner, +return home in the night; through blind ways and fetching many a compass. +The more skilful any captain is to pass through these wild deserts, +crooked turnings, and deep precipices, in the thickest mists and darkness, +his reputation is the greater, and he is looked upon as a man of an +excellent head, and they are so very cunning, that they seldom have their +booty taken from them, unless sometimes, when by the help of bloodhounds, +following them exactly upon the track, they may chance to fall into the +hands of their adversaries. When being taken they have so much persuasive +eloquence, and so many smooth and insinuating words at command, that if +they do not move their judges, nay and even their adversaries, to have +mercy, yet they incite them to admiration and compassion.”</p> + +<p>Such a skilful “Captain,” as is here referred to, was the famous Hobbie +Noble, who terminated his adventurous career in “Merrie Carlisle,” where +so many famous freebooters, at one time or other,<span class="pagenum"><a name="Page_59" id="Page_59">[Pg 59]</a></span> have paid the last +penalty of the law. Speaking of himself, he says:—</p> + +<p class="poem">“But will ye stay till the day gae down,<br /> +<span style="margin-left: 1em;">Until the night come o’er the ground,</span><br /> +And I’ll be a guide worth ony twa<br /> +<span style="margin-left: 1em;">That may in Liddisdale be found!</span><br /> +<br /> +“Though the night be dark as pick and tar,<br /> +<span style="margin-left: 1em;">I’ll guide ye o’er yon hill sae hie;</span><br /> +And bring ye a’ in safety back,<br /> +<span style="margin-left: 1em;">If ye’ll be true and follow me.”</span></p> + +<p> </p> +<p>But the skill of the leader of the foray was not always sufficient to +bring his followers safely back to their homes and families. When the +bloodhounds were put on the track it was often a matter of the greatest +difficulty for the thieves to elude their pursuers.</p> + +<p class="poem">“The russet bloodhound wont, near Annand’s stream,<br /> +To trace the sly thief with avenging foot<br /> +Close as an evil conscience.”</p> + +<p> </p> +<p>These useful animals were kept at different points along the Border, and +as they rendered most important services, we are not surprised to learn +that a good sleuth-hound often sold as high as a hundred crowns.</p> + +<p>It may be interesting, before proceeding to give an account of some of the +more famous raids, to glance briefly at the manner in which the raiders +were armed and accoutred for the fray. Froissart has given the following +account of the Scottish Borderers, and<span class="pagenum"><a name="Page_60" id="Page_60">[Pg 60]</a></span> Scottish soldiers generally, as +they appeared towards the close of the fourteenth century. “The Scots,” he +says, “are bold, hardy, and much inured to war. When they make their +invasions into England, they march from twenty to four-and-twenty leagues +without halting, as well by night as by day; for they are all on +horseback, except the camp followers, who are on foot. The knights and +esquires are mounted on large bay horses, the common people on little +Galloways. They bring no carriages with them, on account of the mountains +they have to pass in Northumberland; neither do they carry with them any +provisions of bread and wine, for the habits of sobriety are such in time +of war that they will live a long time on flesh half sodden, without +bread, and drink the river water without wine. They have therefore no +occasion for pots or pans, for they dress the flesh of their cattle in the +skins after they have taken them off; and being sure to find plenty of +them in the country which they invade, they carry none with them. Under +the flaps of his saddle each man carries a broad plate of metal, behind +the saddle a little bag of oatmeal. When they have eaten too much of the +sodden flesh, and their stomach appears weak and empty, they place this +plate over the fire, mix with water their oatmeal, and when the plate is +heated they put a little of the paste upon it and make a thin cake like a +cracknel or biscuit, which they eat<span class="pagenum"><a name="Page_61" id="Page_61">[Pg 61]</a></span> to warm their stomachs; it is +therefore no wonder they perform a longer day’s march than other soldiers. +In this manner the Scots entered England, destroying and burning +everything as they passed. They seized more cattle than they knew what to +do with. Their army consisted of four thousand men at arms, knights, and +esquires, well mounted, besides twenty thousand men, bold and hardy, armed +after the manner of their country, and mounted upon little hackneys that +are never tied up or dressed, but are turned immediately after the day’s +march to pasture on the heath or in the field.”<small><a name="f21.1" id="f21.1" href="#f21">[21]</a></small></p> + +<p>It may be said that this description—which, it may be remarked, is as +graphic in outline as it is minute in detail—applies rather to the +regular army than to those undisciplined marauding bands which infested +the Borders, and to which the name “reivers” or “mosstroopers” is usually +assigned. This is no doubt true. At the same time, it must not be +forgotten that many of the more important raids were undertaken by large +bodies of troops, numbering sometimes three or four thousand men. This +much at least is certain that the Border reiver was always well mounted, +and well armed with lance or spear, which, on occasion, he could use with +much dexterity and skill. With a steel cap on his head, a jack slung over +his shoulders, <span class="pagenum"><a name="Page_62" id="Page_62">[Pg 62]</a></span>a pistol or hagbut at his belt, he was ever ready for the +fray, and prepared to give or take the hardest blows. He was naturally +fond of fighting. Like Dandie Dinmont’s terriers he never could get enough +of it, and must have found life peculiarly irksome when he was compelled +to desist from his favourite pastime. He lived in the saddle, and was as +unaccustomed to the ordinary occupations of the world as the wild Arab of +the desert.</p> + +<p>Even to enumerate the raids and forays on the one side or the other, of +which some record has been left either in the Histories of the two +Kingdoms, or in the archives of the State Paper Office, would be an almost +endless task, and moreover would serve no really useful purpose. The +details of the “burnings,” “herschips,” and “slaughters,” which were the +necessary concomitants of these invasions, are much the same in all cases. +It is a dreary tale of theft and oppression, bloodshed and murder. The +following incidents may be taken as fairly illustrative examples.</p> + +<p>During the reign of Henry VIII. the relations between the two kingdoms +were often of a most unsatisfactory and unsettled character. This was due +to a variety of causes, partly political and partly religious. The same +difficulties cropped up in the subsequent reigns of Edward, Mary, and +Elizabeth, and the consequence was that war clouds were ever hanging, dark +and threatening, on the horizon. The<span class="pagenum"><a name="Page_63" id="Page_63">[Pg 63]</a></span> mutual antagonism between the two +countries fostered the raiding tendencies of both kingdoms. The Scots were +intent on despoiling their more wealthy neighbours, and the English never +missed an opportunity of humiliating and crippling their ancient foes.</p> + +<p>Two of the most destructive invasions, or raids, on the part of the +English were conducted by the Earl of Hertford and Sir Ralph Eure. The +former invaded the country both by sea and land. Edinburgh and Leith +suffered severely. The Abbey and Palace of Holyrood were given to the +flames. All along the east coast, and southwards as far as Merse and +Teviotdale, marked the steps of the retreating and relentless invaders. +Henry’s savage instructions were faithfully carried out. When Hertford set +out on this expedition he was commanded “to put all to fire and sword, to +burn Edinburgh town, and to raze and deface it; when you have sacked it, +and gotten what you can out of it, as that it may remain for ever a +perpetual memory of the vengeance of God lighted upon it, for their +falsehood and disloyalty. Do what you can out of hand, and without long +tarrying, to beat down and overthrow the Castle, sack Holyrood-house, and +as many towns and villages about Edinburgh as ye conveniently can; sack +Leith and burn and subvert it, and all the rest, putting man, woman, and +child to fire and sword, without exception, where any resistance shall be +made against you; and this done, pass over<span class="pagenum"><a name="Page_64" id="Page_64">[Pg 64]</a></span> to the Fife land, and extend +the extremities and destructions in all towns and villages whereunto you +may reach conveniently, and not forgetting amongst all the rest so to +spoil and turn upside down the Cardinal’s town of St. Andrews, as the +upper stone may be the nether, and not one stick stand by another, sparing +no creature alive within the same, specially such as in friendship or +blood be allied to the Cardinal.”<small><a name="f22.1" id="f22.1" href="#f22">[22]</a></small></p> + +<p>This hideous policy on the part of the English King was fruitful mainly of +bitter memories. He did not accomplish the object he had in view, but he +certainly succeeded in engendering in the Scottish mind a feeling of the +most bitter hostility. It produced, however, one good result. It alienated +from the English monarch some of those nobles who had for some time been +wavering in their allegiance to the Scottish throne, and had been, either +secretly or openly, lending their aid to further the machinations of the +English government.</p> + +<p>But destructive as Hertford’s invasion proved (which has been well +described as only a foray on a large scale), it was totally eclipsed by +the raid undertaken by Sir Ralph Eure in the following year, 1544. He +crossed the Scottish Border with a considerable army, and laid waste +nearly the whole of Merse and Teviotdale, reducing that large and +<span class="pagenum"><a name="Page_65" id="Page_65">[Pg 65]</a></span>important district to a blackened desert. Jedburgh and Kelso were burnt +to the ground, and the surrounding country plundered and destroyed. “The +whole number of towns, towers, stedes, barnekins, parish churches, +bastel-houses, seized, destroyed, and burnt, in all the Border country, +was an hundred and ninety-two, Scots slain four hundred, prisoners taken +eight hundred and sixteen, nolt ten thousand three hundred and eighty-six, +sheep twelve thousand four hundred and ninety-six, gayts (goats) two +hundred, bolls of corn eight hundred and fifty, insight gear—an +indefinite quantity.</p> + +<p>“The great part of these devastations were committed in the Mers and +Teviotdale.... The other commanders of chief note, besides Sir Ralph Eure, +were Sir Brian Laiton and Sir George Bowes. On the 17th July, Bowes, +Laiton, and others burnt Dunse, the chief town of the Mers, and John +Carr’s son with his garrison entered Greenlaw, and carried off a booty of +cattle, sheep, and horses. On the 19th of the same month, the men of +Tyndale and Ridsdale, returning from a road into Tiviotdale, fought with +the laird of Ferniherst and his company, and took himself and his son John +prisoners. On July 24th the Wark garrison, the Captain of Norham Castle, +and H. Eure, burnt long Ednim, made many prisoners, took a bastel-house +strongly kept, and got a booty of forty nolt and thirty horses, besides +those<span class="pagenum"><a name="Page_66" id="Page_66">[Pg 66]</a></span> on which their prisoners were mounted, each on a horse. August 2d, +the captain of Norham burnt the town of Home, hard to the castle gates, +with the surrounding stedes. September 6th, Sir Ralph Eure burnt Eikford +church and town, the barnekyn of Ormiston, and won by assault the Moss +Tower, burnt it, and slew thirty-four people within it; he likewise burnt +several other places in that neighbourhood, and carried off more than five +hundred nolt and six hundred sheep, with a hundred horseload of spoils got +in the tower. September 27th, the men of the east and part of the middle +march won the church of Eccles by assault, and slew eight men in the abbey +and town, most part gentlemen of head sirnames; they also took several +prisoners, and burnt and spoiled the said abbey and town. On the same day +the garrison of Berwick brought out of the east end of the Mers six +hundred bolls of corn, and took prisoner Patrick Home, brother’s son to +the laird of Ayton. November 5th, the men of the middle march burnt +Lessudden, in which were sixteen strong bastel-houses, slew several of the +owners, and burnt much corn. November 9th, Sir George Bowes and Sir Brian +Laiton burnt Dryburgh, a market town, all except the church, with much +corn, and brought away a hundred nolt, sixty nags, an hundred sheep, and +much other booty, spoilage, and insight-gear.”<small><a name="f23.1" id="f23.1" href="#f23">[23]</a></small></p> + +<p><span class="pagenum"><a name="Page_67" id="Page_67">[Pg 67]</a></span>This record is an instructive one. It shows how these merciless raiders +were dominated by the spirit of destruction and revenge. Nothing was +spared which it was possible for them to destroy. This invasion must have +proved peculiarly vexatious and disheartening to the Scottish Borderers. +Flodden had left them terribly crippled. The damage they had sustained was +not only of a material kind—the loss of men and resources—it was also, +to a certain extent, moral and intellectual. They had become utterly +disheartened, and it was some considerable time before they regained their +wonted confidence and intrepidity:</p> + +<p class="poem">“Dool and wae for the order, sent our lads to the Border!<br /> +<span style="margin-left: 1em;">The English, for ance, by guile wan the day:</span><br /> +The flowers of the forest, that fought aye the foremost,<br /> +<span style="margin-left: 1em;">The prime of our land, are cauld in the clay.</span><br /> +<br /> +“We’ll hear nae mair lilting, at the ewe milking;<br /> +<span style="margin-left: 1em;">Women and bairns are heartless and wae:</span><br /> +Sighing and moaning on ilka green loaning—<br /> +<span style="margin-left: 1em;">The flowers of the forest are a’ wede awae.”</span></p> + +<p> </p> +<p>The darkest part of the night precedes the dawn. Help was forthcoming from +an unexpected quarter. Henry had promised to give Eure a grant of all the +land he could conquer in Merse, Teviotdale, and Lauderdale, and it so +happened that the greater part of the district named belonged to Angus, +who was then in disgrace at the Scottish Court, and for some time had been +currying favour with the English<span class="pagenum"><a name="Page_68" id="Page_68">[Pg 68]</a></span> King. When he learned what had taken +place, his indignation was unbounded. He swore that “if Ralph Eure dared +to act upon the grant, he would write his sasine, or instrument of +possession, on his skin with sharp pens and bloody ink.” Scotland has not +unfrequently been deserted by her nobles at the most critical periods of +her history, but just as often has she been saved by their valour and +patriotism. On the present occasion, Angus was not moved to action, +perhaps, by any really patriotic feeling. Had his own interests not been +imperilled, he would in all probability have remained an idle spectator of +the ruin and devastation which, like a flood, was rushing over the land. +Be this as it may, he acted with promptitude and effect. Having been +joined by the Regent, who brought with him a small and hastily-gathered +force, Angus challenged the English army at Melrose; and, though at first +he was compelled to retreat, he hung upon the rear of the enemy until, +joined by Sir Walter Scott of Buccleuch and the redoubtable Norman Leslie, +he gave them battle on Ancrum Moor. The English, flushed with confidence +by their former successes, rushed precipitately upon the Scottish army, +believing that their ranks had fallen into confusion, and were preparing +for flight. It was not long ere they were undeceived. The Scots were ready +for the encounter, and in a short time completely routed the formidable +host by<span class="pagenum"><a name="Page_69" id="Page_69">[Pg 69]</a></span> which they were assailed. The battle speedily became a slaughter. +Sir Ralph Eure and Sir Brian Layton both lay dead on the field, a thousand +prisoners were taken, among them being many persons of rank, for whom high +ransoms were exacted. It is said that the peasantry of the neighbourhood, +hitherto only spectators of the short conflict, drew near to intercept and +cut down the English; and women, whose hearts had been steeled against the +fugitives by their atrocious barbarities, joined in the pursuit, and +spurred on the conquerors by calling upon them to “remember Broomhouse.” +One of these heroines has been immortalized. Her monument may still be +seen in the neighbourhood of Ancrum. On it were inscribed the following +lines:—</p> + +<p class="poem">“Fair maiden Lilliard lies under this stane,<br /> +Little was her stature, but great was her fame;<br /> +Upon the English loons she laid many thumps,<br /> +And when they cutted off her legs she fought upon her stumps.”</p> + +<p> </p> +<p>Some may be disposed to think that the devastations caused by Hertford and +Sir Ralph Eure must be exceptional; that the raiding and reiving must have +gone on much more quietly than such accounts would lead us to suppose. But +this is not so. The Borders were kept in a constant state of turmoil. They +had no sooner recovered from one invasion than they were subjected to +another. Long before Hertford’s time, for example, Lord Dacre, one of the +English wardens, made a succession of the most<span class="pagenum"><a name="Page_70" id="Page_70">[Pg 70]</a></span> disastrous raids on the +Scottish Border, and carried off immense quantities of booty. He was +exultant over his good fortune. Writing under date October 29, 1513, he +says:—“On Tewsday at night last past, I sent diverse of my tennents of +Gillislande to the nombre of lx. personnes in Eskdalemoor upon the Middill +Merches, and there brynt vii. howses, tooke and brougth away xxxvj. head +of cattle and much insight. On weddinsday at thre of the clok efter noon, +my broder Sir Christopher assembled diverse of the kings subjects beyng +under my reull, and roode all night into Scotland, and on Thurisday, in +the mornynge, they began upon the said Middill Merchies and brynt +Stakeheugh, with the hamletts belonging to them, down, Irewyn bwrne, being +the chambrelain of Scotland owne lands and undre his reull, continewally +birnyng from the Breke of day to oone of the clok after noon, and there +wan, tooke and brought awey cccc. hede of cattell, ccc. shepe, certaine +horses and verey miche insight, and slew two men, hurte and wounded +diverse other persones and horses, and then entered Ingland ground again +at vij. of the clok that night.”<small><a name="f24.1" id="f24.1" href="#f24">[24]</a></small></p> + +<p>Such a record as this ought to have given great satisfaction to the +Government. Lord Dacre had evidently done his utmost to impoverish and +ruin the <span class="pagenum"><a name="Page_71" id="Page_71">[Pg 71]</a></span>unfortunate Scottish Borderers. But the English appetite at this +time was not easily satisfied. Naturally enough Dacre’s invasion led to +reprisals, and so successful had the Scots been in their forays on the +opposite Border that the English Government blamed their representative +for not having prevented these raids. In reply to these rather unjust +complaints, Dacre wrote saying that “for oone cattell taken by the Scotts +we have takyn, won and brought awey out of Scotland a hundreth; and for +oone shepe two hundreth of a surity. And has for townships and housis, +burnt in any of the said Est, Middill, and West Marches within my reull, +fro the begynnyng of this warr unto this daye,... I assure your lordships +for truthe that I have and hes caused to be burnt and distroyed sex times +moo townys and howsys within the West and Middill Marches of Scotland, in +the same season then is done to us, as I may be trusted, and as I shall +evidently prove. For the watter of Liddall being xij. myles of length,... +whereupon was a hundreth pleughs;... the watter of Ewse being viij. myles +of length in the said Marches, whereupon was vii. pleughs,... lyes all +and every of them waist now, noo corn sawn upon the said ground.... Upon +the West marches I have burnt and distroyed the townships of Annand +(together with thirty-three others mentioned in detail), and the Water of +Esk from Stabulgorton down to<span class="pagenum"><a name="Page_72" id="Page_72">[Pg 72]</a></span> Cannonby, being vi. myles in lenth, whereas +there was in all tymes passed four hundreth ploughes and above, which are +now clearly waisted and noo man duelling in any of them in this daye, save +oonly in the towrys of Annand Steepel and Walghapp (Wauchope).”<small><a name="f25.1" id="f25.1" href="#f25">[25]</a></small></p> + +<p>As might be expected these inroads were not allowed to pass unredressed, +as the Scots never missed an opportunity of retaliating. During the latter +half of the fifteenth century they were considerably weakened by the +successive wars in which they were compelled to engage in their own +defence; but we find that a century later, during the reign of Elizabeth, +they had completely recovered, and made their power felt in no uncertain +manner. They raided upon the opposite Border without intermission, +plundering all and sundry, sparing only those who were prepared to pay +them blackmail, “that they might be free from their cumber.” The English +wardens were comparatively helpless, owing to their lack of men and horses +to defend the Marches. The Scottish reivers were not easily captured; and +when it came to an encounter, unless matched against a greatly superior +force, they almost invariably gave a good account of themselves. We find +Eure affirming, in a letter to Cecil, under date May, 1596, that the +spoils of his March amounted to the sum of £120,000, <span class="pagenum"><a name="Page_73" id="Page_73">[Pg 73]</a></span>“the redress for +which is so cunningly delayed that the Queen’s service is ruined.”<small><a name="f26.1" id="f26.1" href="#f26">[26]</a></small> Sir +Robert Cary, who was warden of the East March, has a still more doleful +tale to relate. He says that when he applied to the opposite warden for +redress he “got nothing but fair words.” He furnished his Government with +a note of the “slaughters, stouthes, and reafes,” committed within his +wardenry, which shows that the Scottish reivers were ever ready to make +the most of their opportunities. The following is the suggestive list:—</p> + +<p>“Nicolos Bolton of Mindrum slain in daylight at his own plough by Sir +Robert Kerre of the Spielaw and his servants.</p> + +<p>“Thomas Storie of Killam slain there by night by Sir Robert Kerre and his +servants.</p> + +<p>“John Selby of Pawston slain by the Burnes defending his own goods in his +own house there.</p> + +<p>“John Ewart of Corham slain on English ground at the rescue of Englishmen +bringing their own goods.</p> + +<p>“‘Reafes.’—In Hethpoole in daylight by the Davisons, Yonges, and Burnes +of 40 kyen and oxen, and hurting Thomas and Peter Storye, &c., in peril of +their lives. Another there by daylight by the Kerres, Yonges, and Taites, +of 46 head of neate, shooting John Gray with a ‘peice’ in peril of death, +<span class="pagenum"><a name="Page_74" id="Page_74">[Pg 74]</a></span>and hurting one of the Brewhouses following, and taking his horse. In +West Newton in daylight by James Davidson of the Burnyrigge, &c., of 5 +horse and mares; another there at night taking up 2 horses, 20 neate, and +insight worth 20 nobles.</p> + +<p>“On Thomas Routledge of Killam, at night, by the Yonges, of 30 kyen and +oxen. On Adam Smith of Brigge mylle at night by the Kerres, Yonges, +Burnes, &c., of 20 neate, and 5 horse and mares. In Cowpland, by the +Yonges, Burnes, and Kerres on Gilbert Wright, ‘by cutting up his doores +with axes,’ of 30 neate, 4 horses and mares, and insight worth £10. In +Haggeston by the Yonges, Halles, Pyles, and Amysleyes, ‘by cutting up +their doores with axes,’ of 30 neate, 5 naegs, and hunting 4 men in peril +of death. On Ralph Selby, of West wood, by the Yonges, &c., ‘by breaking +his tower,’ and taking 3 geldings worth £60 sterling ‘and better.’”<small><a name="f27.1" id="f27.1" href="#f27">[27]</a></small></p> + +<p>Then follows a long list of “Stouthes,” which it would only be a weariness +to repeat. These incidents had all occurred in this March within a brief +period, and may be accepted as an illustration of what was going on almost +every day in the year within the respective wardenries. This game, it may +be said, was indulged in with equal spirit and pertinacity on both sides. +We read of two men in the<span class="pagenum"><a name="Page_75" id="Page_75">[Pg 75]</a></span> Middle March in England coming into Liddesdale +and carrying off 30 score kye and oxen, 31 score sheep and “gait,” 24 +horse and mares, and all their insight—“the people being at their +schellis, lipning for no harme, and wounded twa puir men to their deid.” +At the same time, Captain Carvell, with 2000 “waigit” men, by Lord +Scrope’s special command, burnt “six myle of boundis in Liddisdale, tuik +sindrie puir men and band them twa and twa in leisches and cordis, and +that ‘naikit,’ taking awa a 1000 kye and oxen, 2000 sheep and ‘sex scoir +of hors and merris,’ to the great wrak of the puir subjects.”<small><a name="f28.1" id="f28.1" href="#f28">[28]</a></small></p> + +<p>These forays, it must be admitted, were sometimes conducted in the most +relentless and cruel spirit. We read, for example, of one “Sowerby,” near +Coldbeck, having his house broken into, and himself most cruelly used. +“They set him on his bare buttocks upon an hote iron, and then they burned +him with an hote girdle about his bellie, and sundry other parts of his +body, to make him give up his money, which they took, under £4.”<small><a name="f29.1" id="f29.1" href="#f29">[29]</a></small></p> + +<p>Some of the most interesting episodes in Border history were not the +outcome of any deep laid scheme, but the result of some sudden and +unexpected emergency. It was difficult for the inhabitants of the opposite +Marches to come into <span class="pagenum"><a name="Page_76" id="Page_76">[Pg 76]</a></span>close contact without the greatest danger of an +outbreak of hostilities. Individual families were often on friendly terms, +and were ready even to assist each other on occasion. The Scots sometimes +brought the English to help them to rob those who lived in their own +neighbourhood; and the English, on the other hand, were equally ready to +avail themselves of the assistance of those on the opposite Border when +they had a similar object in view. But when they came together in their +hundreds or thousands, as they sometimes did on a “Day of Truce,” then it +was a matter of supreme difficulty to keep them from flying at each +other’s throats. Feeling ran high, and a word, a look, was sometimes +sufficient to change an otherwise peaceful meeting into one of turmoil and +bloodshed.</p> + +<p>One notable instance of this kind is known as the “Raid of the Reidswire.” +Sir John Foster, the English warden, and Sir John Carmichael, the warden +on the opposite March, had a meeting for the regulation of Border affairs, +on the 7th July, 1575. Each warden was attended by his retinue, and by the +armed clans inhabiting the district. As the balladist describes it:</p> + +<p class="poem">“Carmichael was our warden then,<br /> +<span style="margin-left: 1.5em;">He caused the country to convene;</span><br /> +<span style="margin-left: 0.5em;">And the Laird’s Wat, that worthy man,</span><br /> +<span style="margin-left: 1.5em;">Brought in that sirname weil beseen:</span><br /> +<span style="margin-left: 0.5em;">The Armestranges, that aye ha’e been</span><br /> +<span style="margin-left: 1.5em;">A hardy house, but not a hail,</span><br /> +<span style="margin-left: 0.5em;">The Elliots’ honours to maintaine,</span><br /> +<span style="margin-left: 1.5em;">Brought down the lave o’ Liddisdale.</span><br /> +<span class="pagenum"><a name="Page_77" id="Page_77">[Pg 77]</a></span><br /> +“Then Tividale came to wi’ spied;<br /> +<span style="margin-left: 1.5em;">The Sheriffe brought the Douglas down,</span><br /> +<span style="margin-left: 0.5em;">Wi’ Cranstane, Gladstain, good at need,</span><br /> +<span style="margin-left: 1.5em;">Baith Rewle water and Hawick town,</span><br /> +<span style="margin-left: 0.5em;">Beanjeddart bauldly made him boun,</span><br /> +<span style="margin-left: 1.5em;">Wi’ a’ the Trumbills, strong and stout;</span><br /> +<span style="margin-left: 0.5em;">The Rutherfoords with grit renown,</span><br /> +<span style="margin-left: 1.5em;">Convoy’d the town of Jedbrugh out.”</span></p> + +<p> </p> +<p>The two parties had apparently met on the best of terms. Mirth and good +fellowship prevailed. The pedlars erected their temporary booths, and sold +their wares. The gathering presented the appearance of a rural fair. No +one could have suspected that so much bad feeling was hidden under such a +fair exterior, and ready to burst forth in a moment with volcanic fury. +Yet such was the case. A dispute arose betwixt the two wardens about one +Farnsteen, a notorious English freebooter, against whom a bill had been +“filed” by a Scottish complainer. Foster declared that he had fled from +justice, and could not be found. Carmichael regarded this statement as a +pretext to avoid making compensation for the felony. He bade Foster “play +fair.” The English warden was indignant. Raising himself in the saddle, +and stretching his arm in the direction of Carmichael, he told him to +match himself with his equals!</p> + +<p class="poem">“Carmichael bade them speik out plainlie,<br /> +<span style="margin-left: 1.5em;">And cloke no cause for ill nor good;</span><br /> +<span style="margin-left: 0.5em;">The other, answering him as vainlie,</span><br /> +<span style="margin-left: 1.5em;">Began to reckon kin and blood:</span><br /> +<span class="pagenum"><a name="Page_78" id="Page_78">[Pg 78]</a></span><br /> +He raise, and raxed him where he stood,<br /> +<span style="margin-left: 1em;">And bade him match with him his marrows;</span><br /> +Then Tindaill heard them reason rude,<br /> +<span style="margin-left: 1em;">And they loot off a flight of arrows.”</span></p> + +<p> </p> +<p>The cry was raised, “To it, Tynedale,” and immediately the merry meeting +was turned into a Donnybrook fair, where hard blows were given and +received. The Scots at first had the worst of the encounter, and would +have been completely routed had it not been for two circumstances. The men +of Tynedale, conscious of their superior strength, began to rifle the +“merchant packs,” and thus fell into disorder. At this juncture a band of +citizens of Jedburgh, armed with fire-arms, unexpectedly, but most +opportunely, appeared on the scene, and in a short time the skirmish ended +in a complete victory for the Scots. Sir John Heron was slain, and Sir +John Foster and many other Englishmen of rank taken prisoner.</p> + +<p class="poem">“But after they had turned backs,<br /> +<span style="margin-left: 1em;">Yet Tindaill men they turn’d again,</span><br /> +And had not been the merchant packs,<br /> +<span style="margin-left: 1em;">There had been mae of Scotland slain.</span><br /> +<br /> +But, Jesu! if the folks were fain<br /> +<span style="margin-left: 1em;">To put the bussing on their thies;</span><br /> +And so they fled, wi’ a’ their main,<br /> +<span style="margin-left: 1em;">Down ower the brae, like clogged bees.”</span></p> + +<p> </p> +<p>The prisoners were sent to Dalkeith, where for a short time they were +detained in custody by the Earl<span class="pagenum"><a name="Page_79" id="Page_79">[Pg 79]</a></span> of Morton. He ultimately dismissed them +with presents of falcons, which gave rise to a saying on the Borders that +for once the Regent had lost by his bargain, as he had given live hawks +for dead herons,—alluding to the death of Sir John Heron.</p> + +<p class="poem">“Who did invent that day of play,<br /> +<span style="margin-left: 1.5em;">We need not fear to find him soon;</span><br /> +<span style="margin-left: 0.5em;">For Sir John Forster, I dare well say,</span><br /> +<span style="margin-left: 1.5em;">Made us this noisome afternoon.</span><br /> +<span style="margin-left: 0.5em;">Not that I speak preceislie out,</span><br /> +<span style="margin-left: 1.5em;">That he supposed it would be perril;</span><br /> +<span style="margin-left: 0.5em;">But pride, and breaking out of feuid</span><br /> +<span style="margin-left: 1.5em;">Garr’d Tindaill lads begin the quarrel.”</span></p> + +<p> </p> +<p>“The Queen of England,” says Ridpath, “when informed of these proceedings, +was very much incensed, and sent orders to her Ambassador, Killigrew, who +had a little before gone to Scotland, to demand immediate satisfaction for +so great an outrage. Killigrew was also directed to inform the Regent that +the Queen had ordered the Earl of Huntingdon, who was then president of +the Council at York and lieutenant of the northern counties, to repair to +the Borders for the trial and ordering of the matter; and that she +expected that Morton would meet him in person for that effect. Morton, +ever studious to gratify Elizabeth, readily agreed to the proposal. The +two Earls accordingly met at Fouldean, near the Berwick boundary, and +continued their conferences there for some days, in the course of<span class="pagenum"><a name="Page_80" id="Page_80">[Pg 80]</a></span> which +Morton made such concessions, and agreed to such conditions of redress, as +entirely healed the offence. Carmichael, who was considered as the +principal offender, was sent as a prisoner into England, and detained a +few weeks at York; but the English Court being now convinced that +Forrester had been in the wrong in the beginning of the fray, the Scottish +warden was dismissed with honour, and gratified with a present to +effectuate the restitution of goods which Morton had engaged should be +made by the subjects of Scotland, he summoned all on this side of the +Forth to attend him with twenty days’ provision of victuals in an +expedition to the Borders, but this summons sufficed to awe the offenders +to make of themselves the restitution required.”<small><a name="f30.1" id="f30.1" href="#f30">[30]</a></small></p> + + +<p> </p><p> </p> +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_81" id="Page_81">[Pg 81]</a></span></p> +<h2><a name="V" id="V"></a>V.</h2> +<h3>THE WARDENS OF THE MARCHES.</h3> + +<table border="0" cellpadding="0" cellspacing="5" summary="V"> +<tr><td>“The widdefow wardanis tuik my geir,<br /> +<span style="margin-left: 1em;">And left me nowthir horse nor meir,</span><br /> +<span style="margin-left: 0.5em;">Nor erdly guid that me belangit;</span><br /> +<span style="margin-left: 1em;">Now, walloway! I mon be hangit.”</span></td></tr> +<tr><td><span style="margin-left: 14em;"><span class="smcap">Pinkerton.</span></span></td></tr></table> + +<p> </p> +<p><span class="dropfig"><img src="images/drop_o.jpg" alt="O" /></span>wing to the peculiar circumstances in which the Borders were placed, it +was found necessary, for the preservation of order, and the detection and +punishment of crime, to appoint special officers, or wardens, armed with +the most extensive powers. On either side of the Border there were three +Marches, lying opposite each other, called the East, West, and Middle +Marches. The wardens were, as a general rule, officers of high rank, +holding special commissions from the Crown. The English government had +little difficulty in finding gentlemen of high station and proved ability +to undertake the duties of such an office; but in Scotland the King was +considerably circumscribed in his choice, as the Border Chiefs were +accustomed to carry things with a high hand, and in any arrangements +relating to the management of affairs in their own districts, their wishes +and interests<span class="pagenum"><a name="Page_82" id="Page_82">[Pg 82]</a></span> had, perforce, to be respected. The office of warden was +regarded as belonging, by a kind of prescriptive or hereditary right, to +one or other of the more prominent and powerful Border families. This +policy was fraught with many disadvantages, and, it must be frankly +admitted, produced the very evils it was designed to suppress. The +Scottish wardens had other objects in view besides the maintenance of a +certain semblance of law and order in the districts over which they ruled. +They seldom lost sight of their own pecuniary interests, and frequently +prostituted their high office to secure their own ends. The wardens +themselves were often the principal offenders.</p> + +<p>In the East March the warden was most generally either an Earl of Home or +a Ker of Cessford. The Middle March was long under the supervision of the +Earls of Bothwell and the Lords of Buccleuch. The West March was usually +represented either by a Johnstone or a Maxwell.</p> + +<p>The Scottish wardens, though invested with the most arbitrary powers, +found it politic to enter into bonds of alliance with the neighbouring +Chiefs, in order not only to increase their influence and power within +their own wardenries, but to add to their authority when called upon to +deal with questions of a more general nature. This fact reveals +unmistakably the weakness of the central government of the<span class="pagenum"><a name="Page_83" id="Page_83">[Pg 83]</a></span> country at +this period, and indicates the important part which was played by the +nobility in the administration of the affairs of the nation.</p> + +<p>Several of these “Bonds” have been preserved. Some of them are too lengthy +for quotation, but the following one—which is comparatively brief—may be +taken as a fair sample of the whole. It is subscribed by the Lairds of +Buccleuch, Hunthill, Bon-Jeddart, Greenhead, Cavers, and Redheugh, in +favour of Sir Thomas Ker of Fernihirst, and runs as follows:—“We +undersigned, inhabitants of the Middle March of this realm opposite +England, understanding how it has pleased the King’s majesty our sovereign +lord to make and constitute Sir Thomas Ker of Fernihirst Knight his +Highness warden and justice over all the Middle March, and acknowledging +how far we are in duty bound to the service by our counsel and forces to +be employed in the assistance of his said warden in all things tending to +the good rule and quietness of the said Middle March, and setting forth of +his Highness authority against these traitors, rebels, and other +malefactors to their due punishment, and defence and safety of true men. +Therefore we be bound and obliged, and by the tenor hereof binds and +obliges us, and every one of us, that we should truly serve the King’s +Majesty our sovereign lord, and obey and assist his said warden, in the +premiss, and shall concur with others in giving of our advice<span class="pagenum"><a name="Page_84" id="Page_84">[Pg 84]</a></span> and +counsel, or with our forces in pursuit or defence of the said thieves, +traitors, rebels, and other malefactors disobedient to our sovereign +lord’s authority, or disturbers of the public peace and quietness of the +realm, as we shall be charged or warned by open proclamations, missives, +bailies, or other the like accustomed forms as we will answer to his +Highness upon our obedience at our highest charge and peril, if we shall +be found remiss or negligent, we are content to be repute held and +esteemed as favourers and partakers with the said thieves, traitors, +rebels, and malefactors in their treasonable and wicked deeds, and to be +called, pursued, and punished therefor, according to these laws in example +of others.”<small><a name="f31.1" id="f31.1" href="#f31">[31]</a></small></p> + +<p>There can be no doubt that these “Bonds” were often contracted in good +faith; that is to say, those who subscribed them were honestly desirous to +fulfil, both in the spirit and letter, the obligations thus undertaken. It +is, however, worthy of remark that those who had thus sworn allegiance to +the warden had not infrequently ends of their own to serve, which +conflicted with their duty to the representatives of law and order. +Thieves were harboured, or at least allowed to remain unmolested, on the +estates, or within the jurisdiction, of those who had thus professedly +banded themselves together for their detection and <span class="pagenum"><a name="Page_85" id="Page_85">[Pg 85]</a></span>punishment. The result +was that the subscribers to the “Bond” were occasionally reported to the +government for their delinquencies, and prosecuted and punished for their +breach of faith. Thus we find that on one occasion Walter Ker of Cessford, +James Douglas of Cavers, George Rutherford of Hunthill, and Ker of +Dolphingstone were convicted of art and part of the favour and assistance +afforded to Robert Rutherford, called Cokburn, and John Rutherford, called +Jok of the Green, and their accomplices, rebels and at the horn; +permitting them to pass within their bounds continually for divers years +past; for not using their utmost endeavour to hinder them from committing +sundry slaughters, stouth-reifs, thefts and oppressions on the King’s poor +lieges, nor ejecting the said rebels, their wives and their children, from +their bounds and bailiaries, but knowingly suffering them to pass within +their limits and to remain therein beyond the space of twelve hours, to +commit sundry crimes during the time of their passing and reset within the +shire in which they dwelt, thereby breaking, transgressing, and violating +their obligation and “Bond” to the King, and incurring the pains contained +in the said “Bond.”<small><a name="f32.1" id="f32.1" href="#f32">[32]</a></small></p> + +<p>It is remarkable, considering the reputation enjoyed by the Borderers for +being true to their word, that <span class="pagenum"><a name="Page_86" id="Page_86">[Pg 86]</a></span>such occurrences should have to be so +frequently complained of.</p> + +<p>Unfortunately, the wardens were as little animated by a high sense of +honour as those who had solemnly pledged themselves to support them in the +discharge of the duties of their office. They frequently, and in some +cases almost systematically, exercised the powers conferred on them, not +in trying to preserve the public peace, but in wreaking vengeance on their +enemies. A striking instance of this is to be seen in the conflict which +was so long waged between the Johnstones and the Maxwells, and which +produced endless misery and mischief throughout a wide area.</p> + +<p>All things considered, the wardens were well remunerated for such services +as they were able to render. The usual fee appears to have been £100 per +annum. In 1527 the Earl of Angus had £100 for the East and a similar sum +for the Middle March. In 1553 the Warden’s fee was £500, but he had to +surrender the one half of the “escheats” to the authorities. When William +Ker of Cessford was appointed warden of the Middle March and keeper of +Liddesdale, his salary for the former office was £100, and for the latter +£500. But these sums represented but a small part of the actual income. +They were also allowed forage and provision for their retinue, which +consisted of a guard of horsemen.<span class="pagenum"><a name="Page_87" id="Page_87">[Pg 87]</a></span> They had in addition a portion of the +“unlaws” or fines imposed in the warden courts, and at certain periods +these must have amounted to a large sum. The law ordained that “the +escheat of all thieves and trespassers that are convict of their movable +goods, ought and should pertain to the warden for his travail and labours, +to be used and disposed by him at his pleasure in time coming. The warden +ought and should take and apprehend all and sundry our sovereign Lord’s +lieges turning and carrying nolt, sheep, horses, or victuals furth of this +realm into England, and bring their persons to the King’s justice, to be +punished therefor; and all their goods may he escheat: the one half +thereof to be applied to the King’s use, and the other half to the warden +for his pains.” In addition to this, the wardens had a large share of the +plunder of the various forays upon the English Border, which they either +conducted in person, or winked at when undertaken by their retainers or +dependants. In the “Border Papers” we are informed that on Sunday, the +17th April, 1597, the Lord Buccleuch, Keeper of Liddesdale, accompanied by +twenty horse and a hundred foot, burned at noonday three onsets and +dwelling-houses, barns, stables, oxhouses, &c., to the number of twenty, +in the head of Tyne, cruelly burning in their houses seven innocent men, +and “murdered with the sword” fourteen which had been in Scotland, and +brought away the booty, the head<span class="pagenum"><a name="Page_88" id="Page_88">[Pg 88]</a></span> officer with trumpet being there in +person.<small><a name="f33.1" id="f33.1" href="#f33">[33]</a></small> This was a frequent occurrence, especially with Buccleuch, who +was never quite happy when not plundering and oppressing “the auld enemy.” +From a pecuniary point of view, not to speak of other advantages, the +office of warden was a highly desirable one, and was consequently eagerly +sought after by the Border Chiefs.</p> + +<p>The duties pertaining to this office may be described as of a twofold +nature—the maintenance of law and order, and the protection of the +districts against the encroachments and inroads of the enemy. “In the +first capacity,” as has been remarked, “besides their power of control and +ministerial administration, both as head stewards of all the crown +tenements and manors within their jurisdiction, and as intromitting with +all fines and penalties, their judicial authority was very extensive. They +held courts for punishment of high treason and felony, which the English +Border laws classed under the following heads:—</p> + +<p>I. The aiding and abetting of any Scottishman, by communing, appointment, +or otherwise, to rob, burn, or steal, within the realm of England.</p> + +<p>II. The accompanying personally, of any Scottishman, while perpetrating +any such offences.</p> + +<p>III. The harbouring, concealing, or affording guidance and protection to +him after the fact.</p> + +<p><span class="pagenum"><a name="Page_89" id="Page_89">[Pg 89]</a></span>IV. The supplying Scottishmen with arms and artillery, as jacks, splents, +brigantines, coats of plate, bills, halberds, battle-axes, bows and +arrows, spears, darts, guns, as serpentines, half-haggs, harquibusses, +currys, cullivers, hand-guns, or daggers, without special licence of the +Lord-warden.</p> + +<p>V. The selling of bread and corn of any kind, or of dressed leather, iron, +or other appurtenances belonging to armour, without special licence.</p> + +<p>VI. The selling of horses, mares, nags, or geldings to Scottish men, +without licence as aforesaid.</p> + +<p>VII. The breach of truce, by killing or assaulting subjects and liege-men +of Scotland.</p> + +<p>VIII. The assaulting of any Scottishman having a regular pass or +safe-conduct.</p> + +<p>IX. In time of war the giving tidings to the Scottish of any exploit +intended against them by the warden or his officers.</p> + +<p>X. The conveying coined money, silver or gold, also plate or bullion, into +Scotland, above the value of forty shillings at one time.</p> + +<p>XI. The betraying (in time of war) the counsel of any other Englishman +tending to the annoyance of Scotland, in malice to the party, and for his +own private advantage.</p> + +<p>XII. The forging the coin of the realm.</p> + +<p>XIII. The making appointment and holding communication with Scotchmen, or +intermarrying with a<span class="pagenum"><a name="Page_90" id="Page_90">[Pg 90]</a></span> Scottish woman, without licence of the wardens, and +the raising of no fray against them as in duty bound.</p> + +<p>XIV. The receiving of Scottish pilgrims with their property without +licence of the wardens.</p> + +<p>XV. The failing to keep the watches appointed for the defence of the +country.</p> + +<p>XVI. The neglecting to raise in arms to the fray, or alarm raised by the +wardens or watches upon the approach of public danger.</p> + +<p>XVII. The receiving or harbouring Scottish fugitives exiled from their own +country for misdemeanours.</p> + +<p>XVIII. The having falsely and unjustly <i>fould</i> (<i>i.e.</i>, found true and +relevant) the bill of any Scotchman against an Englishman, or having borne +false witness on such matters.</p> + +<p>XIX. The having interrupted or stopped any Englishman pursuing for +recovering of his stolen goods.</p> + +<p>XX. The dismissing any Scottish offender taken red-hand (<i>i.e.</i>, in the +manner) without special license of the Lord-warden.</p> + +<p>XXI. The paying of black-mail, or protection money, whether to English or +Scottish man.”<small><a name="f34.1" id="f34.1" href="#f34">[34]</a></small></p> + +<p><span class="pagenum"><a name="Page_91" id="Page_91">[Pg 91]</a></span>The significance of these provisions cannot be mistaken. They reveal the +anxiety of the English government to prevent, as far as possible, all +intercourse with Scottish Borderers. The offences referred to in the +foregoing list amounted to what is known as March Treason. Those who were +accused of this crime were tried by a jury, and if found guilty were put +to death without ceremony. “This was a very ordinary consummation,” says +Sir Walter Scott, “if we can believe a story told of Lord William Howard +of Naworth. While busied deeply with his studies, he was suddenly +disturbed by an officer who came to ask his commands concerning the +disposal of several moss-troopers who had just been made prisoners. +Displeased at the interruption, the warden answered heedlessly and +angerly, ‘hang them in the devil’s name;’ but when he laid aside his book, +his surprise was not little, and his regret considerable, to find that his +orders had been literally fulfilled.”<small><a name="f35.1" id="f35.1" href="#f35">[35]</a></small></p> + +<p>The duties devolving upon the Scottish wardens were not, in all respects, +the same as those which the English wardens were called upon to discharge. +This was due to some extent to the fact that the jurisdiction of the +Scottish wardens was circumscribed by the hereditary rights and privileges +of the great families who, within their own territories, exercised supreme +control. <span class="pagenum"><a name="Page_92" id="Page_92">[Pg 92]</a></span>In addition to this, the hereditary judges had the power of +repledging; that is to say, they could reclaim any accused person from +courts of co-ordinate jurisdiction, and try him by their feudal authority. +But while the power of the wardens was thus considerably circumscribed, +they never hesitated, when they had the chance, to mete out summary +punishment to all offenders. If a thief was caught red-handed, or if the +evidence against him appeared at all conclusive, he was at once, and +without ceremony, strung up on the nearest tree, or thrown into the +“murder” pit. Indeed, the execution not unfrequently preceded the trial—a +circumstance which seems to have given rise to the well-know proverb about +“Jeddart Justice.” On both sides of the Border, the same haste to get rid +of offenders was a noted feature of the times. This is evident from the +well-known English proverb which runs thus—</p> + +<p class="poem">“I oft have heard of Lydford law,<br /> +<span style="margin-left: 0.5em;">Where in the morn men hang and draw,</span><br /> +<span style="margin-left: 2em;">And sit in judgment after.”</span></p> + +<p>The sitting in judgment, either before or after, was a formality that +might often have been dispensed with, as the evidence submitted was seldom +carefully sifted, or weighed. To be suspected, or accused, was regarded as +almost tantamount to a plea of guilty. Such a method as this would hardly +pass muster in our modern and more finical age; still it is probable that<span class="pagenum"><a name="Page_93" id="Page_93">[Pg 93]</a></span> +substantial justice was usually done. If those who were condemned were not +always guilty of the particular crimes laid to their charge, their general +record was sufficiently bad to warrant their being thus summarily dealt +with.</p> + +<p>There was, moreover, a practical difficulty in the way of minute +investigation being made into each individual case. The number of those +accused of various offences under the Border laws was often so great as to +render an investigation of this kind all but impossible. There were few +places of strength where prisoners could be retained in order to await +their trial, and so it became necessary to deal with them as expeditiously +as possible. “The Borderers,” it has been said, “were accustomed to part +with life with as little form as civilized men change their garments.”</p> + +<p>The mode of punishment was either by hanging or drowning. “Drowning,” says +Sir Walter Scott, “is a very old mode of punishment in Scotland, and in +Galloway there were pits of great depth appropriated to that punishment +still called murder-holes, out of which human bones have occasionally been +taken in great quantities. This points out the proper interpretation of +the right of ‘pit and gallows’ (in law Latin, <i>fossa et furca</i>), which +has, less probably, been supposed the right of imprisoning in the pit or +dungeon, and that of hanging. But the meanest baron possessed the right of +imprisonment. The real<span class="pagenum"><a name="Page_94" id="Page_94">[Pg 94]</a></span> meaning is, the right of inflicting death either +by hanging or drowning.”<small><a name="f36.1" id="f36.1" href="#f36">[36]</a></small></p> + +<p>But the warden had other duties to discharge of a still more important +nature than those already described. In time of war he was captain-general +within his own wardenry, and was invested with the power of calling +musters of all the able-bodied men between the age of sixteen and sixty. +These men were suitably armed and mounted according to their rank and +condition, and were expected to be ready either to defend their territory +against invasion, or, if necessary, to invade the enemy’s country. The +ancient rights and customs which the warden was expected to observe on +such occasion have been thus summarised:—</p> + +<p>“I. All intercourse with the enemy was prohibited.</p> + +<p>II. Any one leaving the company during the time of the expedition was +liable to be punished as a traitor.</p> + +<p>III. It was appointed that all should alight and fight on foot, except +those commanded by the general to act as cavalry.</p> + +<p>IV. No man was to disturb those appointed to array the host.</p> + +<p>V. If a soldier followed the chase on a horse belonging to his comrade, +the owner of the horse enjoyed half the booty; and if he fled upon such a +horse, it was to be delivered to the sheriff as a waif on his return home, +under pain of treason.</p> + +<p><span class="pagenum"><a name="Page_95" id="Page_95">[Pg 95]</a></span>VI. He that left the host after victory, though for the purpose of +securing his prisoner, lost his ransom.</p> + +<p>VII. Any one seizing his comrade’s prisoner was obliged to find security +in the hands of the warden-serjeant. Disputed prisoners were to be placed +in the hands of the warden, and the party found ultimately wrong to be +amerced in a fine of ten pounds.</p> + +<p>VIII. Relates to the evidence in case of such dispute. He who could bring +his own countrymen in evidence, of whatsoever quality, was preferred as +the true captor; failing this mode of proof, recourse was had to the +prisoner’s oath.</p> + +<p>IX. If the prisoner was of such a rank as to lead a hundred men, he was +either to be dismissed upon security or ransomed, for the space of fifteen +days, without leave of the warden.</p> + +<p>X. He who dismounted a prisoner was entitled to half of his ransom.</p> + +<p>XI. Whosoever detected a traitor was entitled to a reward of one hundred +shillings; whoever aided his escape, suffered the pain of death.</p> + +<p>XII. Relates to the firing of beacons in Scotland: the stewards of +Annandale and Kirkcudbright were liable in the fine of one merk for each +default in the matter.</p> + +<p>XIII. He who did not join the army of the country upon the signal of the +beacon lights, or who left it during the English invasion without lawful +excuse,<span class="pagenum"><a name="Page_96" id="Page_96">[Pg 96]</a></span> his goods were forfeited, and his person placed at the warden’s +will.</p> + +<p>XIV. In the case of any Englishman being taken in Scotland, he was not +suffered to depart under any safe conduct save that of the King or warden; +and a similar protection was necessary to enable him to return and treat +of his ransom.</p> + +<p>XV. Any Scottishman dismissing his prisoner, when a host was collected +either to enter England or defend against invasion, was punished as a +traitor.</p> + +<p>XVI. In the partition of spoil, two portions were allowed to each bowman.</p> + +<p>XVII. Whoever deserted his commander and comrades, and abode not in the +field to the uttermost, his goods were forfeited, and his person liable to +punishment as a traitor.</p> + +<p>XVIII. Whoever bereft his comrade of horse, spoil, or prisoner, was liable +in the pains of treason, if he did not make restitution after the right of +property became known to him.”<small><a name="f37.1" id="f37.1" href="#f37">[37]</a></small></p> + +<p>These military regulations, at once minute and comprehensive, were drawn +up by William, Earl of Douglas, with the assistance of some of the most +experienced Marchmen; and, with the necessary alterations, were adopted by +the English—thus indicating that they were thoroughly in harmony with the +military spirit of the age on both sides of the Border.</p> + + + +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_97" id="Page_97">[Pg 97]</a></span></p> +<h2><a name="VI" id="VI"></a>VI.</h2> +<h3>THE DAY OF TRUCE.</h3> + +<table border="0" cellpadding="0" cellspacing="5" summary="VI"> +<tr><td>“Our wardens they affixed the day,<br /> +<span style="margin-left: 1em;">And as they promised so they met.</span><br /> +<span style="margin-left: 1em;">Alas! that day I’ll ne’er forget!”</span></td></tr> +<tr><td><span style="margin-left: 10em;"><span class="smcap">Old Ballad.</span></span></td></tr></table> + +<p> </p> +<p><span class="dropfig"><img src="images/drop_t.jpg" alt="T" /></span>he arrangements made for dealing with offences against Border law, though +of a primitive, were by no means of an ineffective, character. All things +considered, they were perhaps as good as could have been devised in the +circumstances. During the period when Border reiving was most rampant, +though the population was by no means sparse, little or no provision had +been made for detaining prisoners in custody. The jails were few and far +between, and such as were available were generally in such an insecure and +ruinous state that, unless strongly guarded, they were almost useless for +the purpose for which they existed. But imprisonment had other +inconveniences which militated against its being resorted to with much +frequency. Prisoners had to be provided for when under “lock and key,” +and, as provisions were difficult to procure, it was generally found more +advantageous to leave those who had broken the laws to “fend” for +themselves until such<span class="pagenum"><a name="Page_98" id="Page_98">[Pg 98]</a></span> times as they were wanted. As might be expected in +such circumstances, the accused person not unfrequently took “leg-bail,” +and passed into another district, or, perhaps, crossed the Border, and +sought refuge among the enemies of his country and his clan. This +expedient, in those lawless and disordered times, was no doubt +occasionally successful—for the nonce—but sooner or later the evil-doer +was either betrayed by the enemy, or, resuming his old habits—which was +almost a necessity—brought himself under the special notice of the warden +of the district to which he had fled. He thus placed himself, as it were, +between two fires, and made further immunity from prosecution practically +impossible. When it came to the knowledge of the warden that an accused +person had passed into another wardenry, he at once certified the warden +opposite, requiring him to apprehend and deliver the prisoner with all +possible speed; and he was bound, after receiving this notice, to make +proclamation throughout his wardenry “by the space of six days after of +the said fugitive,” and also to certify the other two wardens of the realm +“to proclaim the fugitive throughout all the bounds of their wardenries, +so that none could proclaim ignorance, or excuse themselves when charged +with the wilful receipt of the aforesaid fugitive so proclaimed.”</p> + +<p>The duty thus laid upon the wardens of searching for fugitives was one +which was generally undertaken<span class="pagenum"><a name="Page_99" id="Page_99">[Pg 99]</a></span> <i>con amore</i>, not merely on account of the +fact that it was naturally agreeable to these officers to detect and +punish crime, but also because in such circumstances it was greatly to +their advantage to do so. A law was passed ordaining that when a fugitive +entered with his goods into the opposite realm, the warden who captured +him, and handed him over to be punished for his offence, <i>was entitled to +retain the goods for his labour</i>. Should he not succeed in apprehending +the fugitive, then the goods had to be returned to the warden of the realm +from which they came. This was a wise arrangement, and on the whole proved +fairly effective.</p> + +<p>As offences against the law were numerous and frequent, it was statute and +ordained that a “Day of Truce” should be held every month, or oftener, +when the wardens of the Marches opposite each other should meet for the +discussion and adjustment of their respective claims, and the punishment +of evil-doers. The date and place of this meeting was made known to the +inhabitants of the Marches by proclamation being made in all the market +towns. Notice was also sent to the lords, knights, esquires, and +gentlemen, commanding them, along with a sufficient number of their +tenants and servants, well mounted and fully armed, to repair the night +before and attend upon the warden at the day of truce.<small><a name="f38.1" id="f38.1" href="#f38">[38]</a></small></p> + +<p><span class="pagenum"><a name="Page_100" id="Page_100">[Pg 100]</a></span>Early on the morning of the following day this imposing cavalcade might be +seen wending its way towards the place of rendezvous. This was generally +some convenient spot near the Border, most frequently on the Scottish +side. When the wardens and their friends came within hailing distance of +each other, a halt was called, and the English warden sent forward four or +five gentlemen of good repute to demand from the Scottish warden “that +assurance might be kept” until the sunrise of the following day. According +to a statement made on the authority of Sir Robert Bowes, the reason of +this particular form of procedure was “because the Scots did always send +their ambassadors first into England to seek for peace after a war. +Therefore both the particular days of truce are usually kept either at +places even on the confines of the Marches, or else at places within the +realm of Scotland, and also the English warden and other officers were +always used to send first for the assurance as aforesaid.”</p> + +<p>When assurance had been given by the Scottish warden, a number of Scottish +gentlemen passed over to the other side to demand from the English warden +assurance on his part. These preliminary precautions having been duly +observed, the two parties met, and the business which had brought them +together was at once entered upon. The wardens did not always attend these +meetings in person, their duties occasionally<span class="pagenum"><a name="Page_101" id="Page_101">[Pg 101]</a></span> necessitating their +remaining at home, but when unable to be present themselves they were +represented by deputies—men of influence and good social position—who +were thoroughly qualified to deal with any important question that might arise.</p> + +<p>The regulations for the conduct of business at these meetings were +carefully drawn out, and, as a general rule, strictly observed. The +English warden named six Scottish gentlemen to act on his side, and the +Scottish warden the same number of Englishmen to act as the English +assize. These men, who thus constituted the jury, were carefully chosen. +No murderer, traitor, fugitive, infamous person, or betrayer of one party +to another could bear office, or give evidence, but only good and lawful +men deserving of credit and unsuspected.</p> + +<p>Each warden, in the presence of the opposite warden and the inhabitants of +both the Marches, “Swore by the High God that reigneth above all Kings and +Realms, and to whom all Christians owe obedience, that he shall (in the +name of God) do, exercise and use his office without respect of person, +Malice, Favour, or Affection, diligently or undelayedly, according to his +Vocation or Charge that he beareth under God and his Prince, and he shall +do justice upon all Complaints presented unto him, upon every Person +complained upon under this Rule. And that, when any complaint is referred +unto him, to swear,<span class="pagenum"><a name="Page_102" id="Page_102">[Pg 102]</a></span> fyle, and deliver upon his Honour, he shall search, +enquire, and redress the same at his uttermost power: And that, if it +shall happen in so doing to quit and absolve the persons complained upon +as Clean and Innocent: Yet if he shall any ways get sure Knowledge of the +very Offender, he shall declare him foul of the Offence, and make lawful +Redress and Delivery thereof, albeit the very Offender be not named in the +Complaint: And this Oath of the Wardens not only to be made at the first +Meeting hereafter to ensue, but also to be made every Year once solemnly, +as aforesaid, at the first Meeting after <i>Mid-summer</i>, to put them in the +better Remembrance of their Duties, and to place the fear of God in their +Hearts.”<small><a name="f39.1" id="f39.1" href="#f39">[39]</a></small></p> + +<p>The following oath was also administered to the jury:—“Ye shall truly +enquire, and true deliverance make between the Queen’s Majesty, and the +prisoners at the Bar, according to the evidence that shall be given in +this Court. As God keep you and Holydome.”<small><a name="f40.1" id="f40.1" href="#f40">[40]</a></small></p> + +<p>These formalities having been duly observed, the trial of the prisoners +was then proceeded with. Bills were presented on the one side, and on the +other, setting forth with considerable fulness of detail the nature and +extent of the damages that had been sustained. The prisoners against whom +these indictments<span class="pagenum"><a name="Page_103" id="Page_103">[Pg 103]</a></span> had been made were then called to answer the charges +preferred against them.</p> + +<p>There were at least three ways in which these cases could be tried. In the +first place, the bill might be acquitted <i>on the honour of the warden</i>. +But should it afterwards be found that the warden in acquitting the bill +had proceeded on imperfect information, and had acquitted upon his honour +a bill that was in reality “foul,” then the complainant was at liberty to +prosecute a new bill, and demand that justice should be done. The case was +then tried by a jury who “fyled” or “cleared” the bill at their +discretion. When a bill was “fyled,” that is to say declared true, the +word “foul” was written on the margin, and when it was “cleared,” the word +“clear” was inserted.</p> + +<p>But further, bills might be <i>tried by inquest or assize</i>, which was the +method most frequently adopted, such cases being decided by the juries on +their own knowledge, and on the evidence sworn to in open court.</p> + +<p>The third way of dealing with bills was by a “<i>Vower</i>.” The significance +of this method is fully explained by Sir Robert Bowes, who says:—“The +inquest or assise of Scotlande, notwithstanding their othe, would in no +wyse fynde a bill to be true, nor fyll any Scottis man upon an +Englishman’s complaynte unles the Englishman could fynde an inhabitant of +Scotlande, that would avow openly to the inquest, or secretlye to the +warden, or some<span class="pagenum"><a name="Page_104" id="Page_104">[Pg 104]</a></span> of the inquest, that the complaynte was treue, and the +partie complayned upon culpable thereof, otherwise althoughe the matter +was ever so notoryously knowne by the Englishman, their evydence would not +serve to secure a conviction.”</p> + +<p>It frequently happened, on the occasion of these meetings, that “bogus” +bills were presented, a custom which gave the officials a great deal of +unnecessary labour. The commissioners, in referring to this reprehensible +practice, remark that “it hath been perceived of late that, since the +order was begun by the Warden to speire, fyle, and deliver, upon their +Honour, that some ungodly Persons have made complaint, and billed for +Goods lost where none was taken from them, and so troubled the Wardens, +causing them to speire and search for the Thing that was never done.”<small><a name="f41.1" id="f41.1" href="#f41">[41]</a></small> +It was therefore statute and ordained that all persons guilty of this +offence should be delivered to the opposite warden to be punished, +imprisoned, and fined at the discretion of the same warden whom he had +troubled.</p> + +<p>Another formidable difficulty with which the wardens had to contend on +these occasions, was in estimating the value of the goods for which +redress was claimed. In making up a bill the complainant was strongly +tempted to put an absurd value on the <span class="pagenum"><a name="Page_105" id="Page_105">[Pg 105]</a></span>gear, or cattle, which had been +stolen from him. Had he always got as much as he claimed he would soon +have been enormously enriched by the loss of his property! The +commissioners were therefore under the necessity of drawing out a scale of +charges for the guidance of the warden courts. The following are the +prices fixed by this tribunal:—“Every Ox, above Four Year old, Fourty +Shillings Sterling; every Cow, above Four Year old, Thirty Shillings +Sterling; and every Young Cow, above Two Years old, Twenty Shillings +Sterling; every other Beast, under Two Years old, Ten Shillings Sterling; +every old Sheep, Six Shillings Sterling; and every Sheephogge, Three +Shillings Sterling; every old Swine, above One Year old, Six Shillings +Sterling; every young Swine, Two Shillings Sterling; every Goat, above One +Year old, Five Shillings Sterling; every young Goat, Two Shillings +Sterling; and every Double Toope to be valued after the rate of the +Single.”<small><a name="f42.1" id="f42.1" href="#f42">[42]</a></small></p> + +<p>These prices, judged by the standard of the present day, seem absurdly +low, but they may be accepted as representing the average rate of prices +obtainable, three hundred years ago, for the various classes of stock +mentioned.</p> + +<p>It was the duty of the wardens to have the offenders in custody, against +whom bills had been presented, in <span class="pagenum"><a name="Page_106" id="Page_106">[Pg 106]</a></span>readiness to answer, and in case the +bills were “fouled” he was bound to deliver them up to the opposite +warden, by whom they were imprisoned until they had paid a <i>single and two +doubles</i>, that is to say, treble the value of the estimated goods in the +bill. To produce these men was generally the most difficult part of the +warden’s duty. He could not keep them in confinement until the day of +truce, for, independently they were sometimes persons of power and rank, +their numbers were too great to be retained in custody. The wardens, +therefore, usually took bonds from the Chief, kinsmen, or allies of the +accused party, binding him or them to enter him prisoner within the iron +gate of the warden’s castle, or else to make him forthcoming when called +for. He against whom a bill was twice fouled, was liable to the penalty of +death. If the offender endeavoured to rescue himself after being lawfully +delivered over to the opposite warden, he was liable to the punishment of +death, or otherwise at the warden’s pleasure, as being guilty of a breach +of the assurance.<small><a name="f43.1" id="f43.1" href="#f43">[43]</a></small></p> + +<p>It would seem to have been customary on a day of truce to enumerate the +various bills “fouled” on either side, and then to strike a balance, +showing on which side most depredations had been committed. It +occasionally happened that the claims of both parties <span class="pagenum"><a name="Page_107" id="Page_107">[Pg 107]</a></span>were so numerous +and complicated, the same person frequently appearing both as plaintiff +and defendant, that it was deemed prudent to draw a veil over the whole +proceedings, and give satisfaction to neither party, thus wiping out, as +it were, with a stroke of the pen, and without further parleying, all the +claims which had been lodged. This mode of procedure, arbitrary though it +may appear, did not, as a rule, result in serious injustice being done to +either party.</p> + +<p>The offences dealt with were of a varied character. Reiving was only one +of the many ways in which the Borderers sought to enrich themselves at the +expense of their neighbours in the opposite March. They had an eye to the +land as well as to the cattle. It was customary for them not only to +pasture their stock on the enemy’s territory, but to sow corn, cut down +wood, and go hunting and hawking for pleasure as well as profit. Sir +Robert Cary, one of the most vigorous of the English wardens, was +determined that hunting without leave should not be carried on in his +wardenry. He wrote to the laird of Ferniherst, the warden opposite, +explaining his views, but, “notwithstanding this letter,” he says, “within +a month after they came and hunted as they used to do without leave, and +cut down wood and carried it away. I wrote to the warden, and told him I +would not suffer one other affront, but if they came again without leave +they would dearly aby<small><a name="f44.1" id="f44.1" href="#f44">[44]</a></small> it. +For all this <span class="pagenum"><a name="Page_108" id="Page_108">[Pg 108]</a></span>they would not be warned; but +towards the end of the summer they came again to their wonted sports. I +sent my two deputies with all speed they could make, and they took along +with them such gentlemen as were in their way, with my forty horse, and +about one of the clock they came to them, and set upon them; some hurt was +done, but I gave special order they should do as little hurt, and shed as +little blood, as they possibly could. They observed my command, only they +broke all their carts, and took a dozen of the principal gentlemen that +were there, and brought them to me to Witherington, where I lay. I made +them welcome, and gave them the best entertainment I could. They lay in +the castle two or three days, and so I sent them home—they assuring me +that they would never again hunt without leave, which they did truly +perform all the time.”<small><a name="f45.1" id="f45.1" href="#f45">[45]</a></small></p> + +<p>This firm, but kindly method, was entirely satisfactory; and, had the +Borders only been blessed with a succession of Carys in the various +wardenries, the probability is that Border reiving would never have +attained such portentous dimensions.</p> + +<p>But despite the masterful management of men like Cary, such questions as +those we have mentioned continued to occupy the time and attention of the +warden courts. The freebooters on the Border never<span class="pagenum"><a name="Page_109" id="Page_109">[Pg 109]</a></span> considered too closely +the minute shades of difference between <i>meum</i> and <i>tuum</i>, and were +difficult to persuade that depasturing, or cutting wood in a neighbour’s +plantation, was a matter of any real importance. They were at all times +disposed to put a liberal construction on the words—“The earth is the +Lord’s and the fulness thereof.” Their somewhat loose interpretation of +this ancient Hebrew maxim occasioned them no end of vexation and trouble.</p> + +<p>But the settlement of Border affairs on the day of truce did not interfere +with the ancient custom which entitled the person who was robbed to follow +his goods on what was called the <i>hot-trod</i>, and mete out summary +punishment to the offender—provided he could overtake him. The warden +also was enjoined, in the Act of 1563, to pursue and chase in hot-trod, +unto such time or place as the fugitives or offender be apprehended, to +bring him again within his own jurisdiction to be punished for the +offence, “as appertaineth;” “and that without let, trouble, or impediment +to be made or done to him by any of the inhabitants of that realm wherein +he pursueth.” And if any person should make resistance to the said warden +in the foresaid pursuit he was to be billed for, and delivered to the +warden. In the following of the said chase, in the manner aforesaid, it +was thought convenient, and ordained, that the pursuer shall, at the first +town he cometh by of the opposite realm, or the<span class="pagenum"><a name="Page_110" id="Page_110">[Pg 110]</a></span> first person he meeteth +with, give knowledge of the occasion of his chase, and require him to go +with him in the said pursuit. If the offender was caught red-handed he was +executed; but if the desire for gain was stronger than the thirst for +blood, then he was held at ransom. The prey was followed with hound and +horn, hue and cry, the pursuers carrying on the point of their spears a +lighted piece of turf.</p> + +<p>The business of the warden courts was conducted with despatch. When all +the bills had been either “fouled” or “cleared,” those who had been found +guilty of “March Treason” were brought up for sentence. The lord warden +called on him whose office it was to see the prisoners suffer, and thus +addressed him:—“I command you in the Queen’s Majesty’s name that ye see +execution done upon these prisoners, according to the Law of the Marches, +at your peril.” Then addressing the prisoners he said:—“Ye that are +adjudged by the Law of the Realm to die, remember that ye have but a short +time to live in this world; therefore earnestly call to God, with penitent +hearts, for mercy and forgiveness of your sinful lives; repent ye have +broken God’s commandments, and be sorry therefor, and for that ye did not +fear the breach and dangers of the Law, therefore your bodies must suffer +the pain of death, provided to satisfy the reward of your Fact in this +world; yet the salvation of your soul’s health for the world to come, +stands in the<span class="pagenum"><a name="Page_111" id="Page_111">[Pg 111]</a></span> great mercy of Almighty God: Wherefore do ye earnestly +repent and ask mercy for your sins, now when ye are living, put your Trust +to be saved by the merits of Christ’s passion; and think in your hearts if +ye were able to recompence them ye have offended, ye would do it; and +where you are not able, ask Forgiveness. Have such faith in God’s Mercy as +Dismas the Thief and Man-Murderer had that hang at Christ’s Right hand, +when he suffered his Passion for the Redemption of Mankind: Whose Faith +was so great he should be saved, his Sins were remitted, tho’ he had but +short time of Repentance, and he enjoyed Heaven. Therefore despair not in +God’s Mercy, though your sins be great, for God’s Mercy exceedeth all his +Works. Set apart all Vanities of this World, and comfort you in Heavenly +things; and doubt not but, if ye so do, ye shall inherit Everlasting Joy +in the Kingdom of Heaven. And thus I commit you to the Mercy of God, +wishing your Deaths may be an Example to all Parents to bring up their +Children in the Fear of God, and Obedience of the Laws of this Realm.”<small><a name="f46.1" id="f46.1" href="#f46">[46]</a></small></p> + +<p>With these suitable admonitions ringing in their ears, the condemned +prisoners were led forth to execution.</p> + +<p>The business of the court having been finished, the <span class="pagenum"><a name="Page_112" id="Page_112">[Pg 112]</a></span>wardens retired after +taking a courteous leave of each other.</p> + +<p>These meetings, attended as they were by a large number of people, who +came either on business or pleasure, were frequently broken up by sudden +outbursts of tumult and disorder. <i>Baughling</i>, or brawling, was a common +occurrence, and loud words and angry looks naturally led to more serious +encounters. We have already noticed the incident of the Reidswire, but +this was by no means an isolated case. In the month of July, 1585, at a +day of truce between Sir John Foster and Ker of Ferniherst, Lord Russell, +a young man of great promise, and of the most amiable disposition, was +suddenly shot dead by an unknown hand. This lamentable incident gave rise +to much bitterness of feeling on both sides of the Border. Foster wrote to +Walsingham, saying, that he and the opposite warden had met for the +redress of attempts committed on both sides, Russell being present to +attend to particular causes of his own, “where it chanced a sudden +accident and tumult to arise among the rascals of Scotland and England +about a little pyckery among themselves, and we meaning no harm did sit +the most of the day calling bills, and my Lord Russell among us. The said +Lord Russell rose and went aside from us, with his own men, and there +being in talk with a gentleman, was suddenly shot with a gun and slain in +the midst of his own men, to<span class="pagenum"><a name="Page_113" id="Page_113">[Pg 113]</a></span> the great discomfort of me and his poor +friends in this country, and never a man either of England or Scotland but +he. Alas! that the mischievous chance should happen for him to be killed +with a shot, and none but him, which is the greatest discomfort that ever +came upon me.”<small><a name="f47.1" id="f47.1" href="#f47">[47]</a></small></p> + +<p>No hint is here given of any suspicion that Ker of Ferniherst was +implicated in the death of this young man. Hence we are surprised to find +that, on the day after this letter was written, Sir John Foster drew up a +statement in which he gives an entirely different complexion to the +incident. He asserts that it was not an accident. “Had it been an +accident,” he says, “or sudden breaking by rascals, as there was no such +matter, the gentlemen of Scotland with their drums, fife, shot, and such +as carried the ‘ensigne’ and ‘penseller,’ would have tarried with the +warden; so that it appeareth plainly it was a ‘pretended matter’ +beforehand, for the wardens sitting quietly calling their bills, the +warden of England thinking no harm, the party of Scotland seeing the time +serve for their ‘former desire,’ suddenly broke, striking up an alarm with +sound of drum and fife, and gave the charge upon us—in which charge the +Lord Russell was cruelly slain with shot, and so divers gentlemen of +Scotland with their footmen and horsemen and whole <span class="pagenum"><a name="Page_114" id="Page_114">[Pg 114]</a></span>force, followed and +maintained their chase four miles within the Realm of England, and took +sundry prisoners and horses, and carried them into Scotland, which they +deny to deliver again.”<small><a name="f48.1" id="f48.1" href="#f48">[48]</a></small></p> + +<p>This statement contradicts, in almost every particular, the asseverations +deliberately made in the letter written the day before, and shows that +even a gentleman in Sir John Foster’s high position, with a deservedly +great reputation for fair dealing, was capable, when occasion demanded, of +twisting facts, or even inventing them, to suit his own ends, or the +interest of the government he represented. It has been suggested that the +English secretary, knowing that Ferniherst was an intimate friend of +Arran, saw that by laying the blame of Lord Russell’s death on the +shoulders of the former, he might thereby procure the disgrace of this +hated minister. Be this as it may, such conflicting assertions, made by +the same person almost at the same time, should lead us to accept with a +modified confidence other statements of a similar kind, as the spirit of +party is no friend to the love of truth.</p> + +<p>But despite the drawbacks and dangers attaching to such gatherings for the +settlement of Border affairs, the day of truce was an institution of great +public utility. It is difficult to see how, apart from such an +<span class="pagenum"><a name="Page_115" id="Page_115">[Pg 115]</a></span>arrangement, even the semblance of civilized life could have been +maintained. The Borders really constituted an <i>imperium in imperio</i>, and +the wardens, when presiding over their monthly convention, were to all +intents and purposes absolute rulers within their own prescribed domain. +It was generally found that when warden courts, or days of truce, were +regularly held, good rule and order, at least judged by the ordinary +Border standard, were well maintained throughout the entire district.</p> + + +<p> </p><p> </p> +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_116" id="Page_116">[Pg 116]</a></span></p> +<h2><a name="VII" id="VII"></a>VII.</h2> +<h3>THE DEADLY FEUD.</h3> + +<table border="0" cellpadding="0" cellspacing="5" summary="VII"> +<tr><td><span style="margin-left: 3.5em;">“At the sacred font, the priest</span><br /> +Through ages left the master hand unblest<br /> +To urge with keener aim the blood incrusted spear.”</td></tr> +<tr><td><span style="margin-left: 14em;"><span class="smcap">Leyden.</span></span></td></tr></table> + +<p> </p> +<p><span class="dropfig"><img src="images/drop_t.jpg" alt="T" /></span>he difficulties with which the Borderers had to contend were of a varied +character. They had to be constantly on the watch against the aggressions +and incursions of their enemies on the opposite Marches. But it frequently +happened that their most dangerous and inveterate foes were to be found +amongst their own countrymen. This was the case more especially when +blood-feuds arose, setting family against family, and clan against clan. +An interesting, if not very luminous, account of the origin of the “Feud” +is given by Burghley in a report submitted by him to the English +government, in which he deals with what he calls the “Decays of the +Borders.” He says:—“Deadly Foed, the word of enmytie on the Borders, +implacable without the blood and whole family destroyed, whose etymologie +I know not where better to fetch than from Spiegelius in his <i>Lexicon +Juris, in Verbo</i> ‘feydum:’ he saith it is an old Teutch<span class="pagenum"><a name="Page_117" id="Page_117">[Pg 117]</a></span> word whereof is +derived by Hermanus Nivoranus (?) <i>faydosum Hostis publicus</i>; ‘foed’ +<i>enim, Bellum significat</i>.” He further points out that the Scottish +wardens, being native Borderers, are “extraordinarilye adicted to +parcialities, favour of their blood, tenantes and followers,” and +consequently he holds they should be disqualified for office.<small><a name="f49.1" id="f49.1" href="#f49">[49]</a></small></p> + +<p>The evils resulting from these deadly-feuds would have been comparatively +trifling had it been possible to limit the consequences to the persons +more immediately concerned. Owing, however, to the system of clanship +which prevailed on the Borders, the whole sept became involved in the +feud. “If one of the clan,” says Sir Walter Scott, “chanced either to slay +a man, or commit any similar aggression, the chief was expected to defend +him by all means, legal or illegal. The most obvious and pacific was to +pay such fine or <i>amende</i>, or assythement, as it was called, as might +pacify the surviving relations, or make up the feud. This practice of +receiving an atonement for slaughter seems also to have been part of the +ancient Celtic usages; for it occurs in the Welch laws of Howell Dha, and +was the very foundation of the Irish Brehon customs. The vestiges of it +may be found in the common law of Scotland to this day. But poor as we +have described the Border chief, and fierce as he certainly <span class="pagenum"><a name="Page_118" id="Page_118">[Pg 118]</a></span>was by +education and office, it was not often that he was either able or disposed +to settle the quarrels of his clansmen in a manner so amicable and +expensive. War was then resorted to; and it was the duty of the chief and +clan who had sustained the injury to seek revenge by every means in their +power, not only against the party who had given the offence, but, in the +phrase of the time and country, against all his name, kindred, +maintainers, and upholders. On the other hand, the chief and clan to whom +the individual belonged who had done the offence, were equally bound in +honour, by every means in their power, to protect their clansman, and to +retaliate whatever injury the opposite party might inflict in their thirst +of vengeance. When two clans were involved in this species of private +warfare, which was usually carried on with the most ferocious animosity on +both sides, they were said to be at deadly feud, and the custom is justly +termed by the Scottish parliament most heathenish and barbarous.... In +these deadly feuds, the chiefs of clans made war, or truce, or final peace +with each other, with as much formality, and as little sincerity, as +actual monarchs.”<small><a name="f50.1" id="f50.1" href="#f50">[50]</a></small></p> + +<p>Feuds of the most bitter and hostile character were an every-day +occurrence. The Herons, Fenwicks, Shafftownes, Charletons, and Milbornes, +on the <span class="pagenum"><a name="Page_119" id="Page_119">[Pg 119]</a></span>English side of the Border, were all at feud at the same time. And +on the Scottish side the Elwoods (Elliots), Armstrongs, Nixons, Crosiers, +Trumbles, and Olivers were, during the same period, at “daggers drawn,” +and thirsting for each other’s blood. The misery which such feuds created +can hardly be over-estimated. The sense of personal security was +completely destroyed. Mutual trust, the primary condition of social life, +was rendered practically impossible. And, as might be expected, the most +trivial circumstances often gave rise to the most implacable hostility. A +singular instance of this is referred to by John Cary in one of his +communications to Burghley. He says:—“Your honour remembers hearing long +since of the great road by the Scotts ‘as Will Haskottes and his fellowes’ +made in Tynedale and Redesdale, taking up the whole country and nearly +beggaring them for ever. On complaint to the Queen and Council, there was +some redress made with much ado and many meetings. Buccleuch and the +Scotts made some ‘bragges and crackes’ as that the country durst not take +its own; but the Charletons being the ‘sufficientest and ablest’ men on +the borders, not only took their own goods again, but encouraged their +neighbours to do the like and not be afraid—‘which hath ever since stuck +in Buccleuch’s stomack.’... Mary! he makes another quarrell, that long +since in a war tyme, the Tynedale men should goe into his<span class="pagenum"><a name="Page_120" id="Page_120">[Pg 120]</a></span> countrey, and +there they took his grandfather and killed divers of his countrye, <i>and +that they took away his grandfather’s shworde</i>, and never let him have it +yet synce. This sayeth he is the quarrell.”<small><a name="f51.1" id="f51.1" href="#f51">[51]</a></small></p> + +<p>Nor did lapse of time tend to soften the animosities. The feud was +inherited along with the rest of the family property. It was handed down +from generation to generation. The son and grandson maintained it with a +bitterness which, in some cases, seemed year by year to grow more intense. +It affected more or less a man’s whole social relationships, and gave rise +to endless animosities and heart-burnings. Feuds were not unknown in other +districts of the country, but owing to the feeble and ineffective manner +in which the law was generally administered, they prevailed to a greater +extent on the Borders,—and were characterised by a more vengeful +spirit,—than in any other part of the kingdom.</p> + +<p>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, <span class="pagenum"><a name="Page_121" id="Page_121">[Pg 121]</a></span>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.”<small><a name="f52.1" id="f52.1" href="#f52">[52]</a></small> 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.</p> + +<p>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 <span class="pagenum"><a name="Page_122" id="Page_122">[Pg 122]</a></span>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.</p> + +<p>During the minority of James V. the Earl of Angus controlled the +government of the country, and in his own interests, and for the +furtherance of his own ends, kept a watchful eye on the movements of the +young King. In the year 1525, James, accompanied by Angus, and other +members of the court, came south to Jedburgh, “and held justice aires +quhair manie plaintes cam to him of reiff, slauchter and oppression, bot +little justice was used bot the purse, for thir was manie in that countrie +war the Earl of Angus’ kin and friendis, that got favourable justice, +quhairof the king was not content, nor non of the rest of the lordis that +war about him, for they wold have justice equally used to all men; bot the +Earl of Angus and the rest of the Douglass’ rulled yitt still as they +pleased, and no man durst find fault with their proceidingis; quhairat the +king was heartilie displeased, and would fain have been out of their +handis, and for that effect he writt are secreitt letter to the laird of +Buccleugh, desiring him effectuouslie that he wold come with all his +forces, kin and freindis, and all that he might ax, and meit him at +Melrose, at his home coming, and<span class="pagenum"><a name="Page_123" id="Page_123">[Pg 123]</a></span> thair to tak him out of the Douglas’ +handis, and put him at libertie, to use himself among the rest of the +lordis as he thought expedient.”<small><a name="f53.1" id="f53.1" href="#f53">[53]</a></small> Buccleuch at once convened his “kin +and freindis,” and all who were prepared to take part with him, to the +number of six hundred spears, and set out for Melrose to await the coming +of the King. Home, Cessford, and Fernieherst, who were of the King’s +company, had returned home. Buccleuch and his followers made their +appearance, arranged in order of battle, on Halidon Hill, overlooking the +Tweed, near Melrose bridge. When Angus saw them he wondered what the +hostile array portended. But when he discovered that Buccleuch was +supported only by numbers of Annandale thieves, he took heart of grace, +and said to the King—“Sir, yonder is the laird of Buccleuch, and the +thieves of Annerdaill with him, to unbesett your grace in the way, bot I +avow to God, Sir, they sall aither fight or flie. Thairfor, Sir, ye sall +tarrie here, and my brither George with yow, and any other quhom yeu +pleas, and I sall pas and put yon thieves aff the ground, and red the +gaitt to your grace, or else die thairfor.”<small><a name="f54.1" id="f54.1" href="#f54">[54]</a></small></p> + +<p>The conflict now began in earnest. Buccleuch and his men stoutly resisted +the onslaught of Angus, and for a time the issue seemed uncertain. But +Home, <span class="pagenum"><a name="Page_124" id="Page_124">[Pg 124]</a></span>Cessford, and Fernieherst, having got wind of the affair, returned, +supported by four score spears, “and sett on freschlie on the utmost wing, +on the laird of Buccleughis field, and shortly bare them to the ground, +quhilk caused the laird of Buccleugh to flie; on whom thair followed ane +chaise be the lairdis of Sesfoord and Pherniherst, in the quhilk chaise +the laird of Sesfoord was slain with ane cassin spear, be ane called Evan, +servand of the laird of Buccleughis.”<small><a name="f55.1" id="f55.1" href="#f55">[55]</a></small></p> + +<p>There seems nothing remarkable about such an incident as this. That +Cessford should have been accidentally slain by one of Buccleuch’s +servants was no doubt a regrettable incident, but those who play bowls +must be prepared for rubbers. This, unfortunately, was not the view +entertained by the Kers, who henceforth were at deadly feud with +Buccleuch. All efforts to bring about a reconciliation were in vain. The +Kers thirsted for vengeance, and were determined to “bide their time.” +Twenty-six long years had come and gone, and one day as the laird of +Buccleuch was passing along one of the streets of Edinburgh, little +suspecting the fate which awaited him, he was fatally stabbed by the +descendant of Cessford. The Borderers had many faults, but certainly they +cannot be charged with having had short memories!</p> + +<p>But a still more striking illustration of the disastrous <span class="pagenum"><a name="Page_125" id="Page_125">[Pg 125]</a></span>consequences of +the deadly feud is to be found in the case of the Johnstones and Maxwells, +two of the most prominent and powerful families in Dumfriesshire. These +two families were strong enough, had they been united, to have kept the +whole district in good order; but unfortunately they were often at feud, +with the result that not only their own interests, but the interests of +the community as a whole, were ruthlessly sacrificed. It is worthy of note +that one of the principal causes of the frequent and disastrous feuds +between the representatives of the two families, was the frequency with +which the office of warden was conferred, first on the one, and then on +the other, without any good reason being assigned by the King for the +adoption of this shuttle-cock policy. This office was naturally much +coveted, as it was not only a source of revenue, which in those days was a +most important consideration, but a condition of influence and power. It +must, therefore, have been peculiarly irritating for the warden to be +summarily called upon to resign his office almost before he had begun to +reap the rewards pertaining to it. And when he saw his rival basking in +the sunshine of the royal favour, from which he had been suddenly and +capriciously excluded, his feelings may be more easily imagined than +described. Nor did it greatly tend to soothe his wounded feelings to +reflect that the person by whom he had been superseded would be certain +before long<span class="pagenum"><a name="Page_126" id="Page_126">[Pg 126]</a></span> to be hurled from his proud eminence and another put in his +place. The whole system was pernicious, and was the source of no end of +mischief and bad blood.</p> + +<p>The origin of this famous feud may be briefly related. John, seventh Lord +Maxwell, has been well described as one of those men whom a daring and +restless temperament and their crimes “have damned to eternal fame.” After +the death of the Regent Morton, he succeeded in securing a charter to the +Earldom of Morton—his mother, Lady Beatrix Douglas, being the Regent’s +second daughter. It was not his good fortune, however, to enjoy for a +lengthened period either the title, or the domains attached to it. In +January, 1585, four years after he had come into possession, Parliament +rescinded the Attainder, and declared that the title and the estates were +to be conferred on the Regent Morton’s lawful heir. Maxwell was declared a +rebel, mainly owing to his religious views—he being a warm adherent of +the Romish Church—and Johnstone was commissioned to apprehend him. Though +he had the assistance of two bands of hired soldiers, Maxwell proved more +than a match for him, took him prisoner, and set fire to Lochwood Castle, +as it was savagely remarked, “that Lady Johnstone might have light to put +on her hood.” This unexpected blow fell on the laird of Johnstone with +crushing effect. In the<span class="pagenum"><a name="Page_127" id="Page_127">[Pg 127]</a></span> following year he died of a broken heart. It is +to these circumstances that we must attribute the origin of the deadly +feud between the two clans, and especially between their chiefs.</p> + +<p>But Maxwell, though gaining this important victory, was not allowed to +escape. He was ultimately taken prisoner, but afterwards regained his +liberty, on condition that he left the country. He went to Spain, and +offered his services to “His Catholic Majesty,” who was then busily +engaged in fitting out the <i>Invincible Armada</i>, by which he hoped to +overwhelm both England and Scotland. Lord Maxwell—so little was he +animated by the spirit of patriotism—entered into the scheme <i>con amore</i>. +Being furnished with ample means, he returned to Scotland in 1588 to levy +men on the Borders to assist his new sovereign. His prefidious designs +were fortunately discovered, and ere he could make good his escape, he was +surprised by the King in Dumfries, taken prisoner, and his wardenship of +the West Marches bestowed on his powerful rival, the laird of Johnstone. +Everything might have gone on smoothly at this juncture had the King only +been gifted with a little firmness and foresight. He was anxious, however, +to conciliate his Roman Catholic subjects, and he seems to have come to +the conclusion that, reasonable conditions being imposed, he might +accomplish this end by restoring Maxwell to favour and office. This was a +fatal<span class="pagenum"><a name="Page_128" id="Page_128">[Pg 128]</a></span> blunder, and produced disastrous results. Though the two rival +chiefs were induced to enter into a bond of alliance to support each other +in their lawful quarrels, as might have been expected, it was not long +before circumstances arose which brought them again into deadly conflict. +The Johnstones seemed to have concluded that they were at liberty to harry +and despoil at their pleasure, so long as they left unmolested any of the +name of Maxwell. Acting upon this principle, they made a raid upon +Nithsdale, and committed sundry depredations on Lord Sanquhar, the lairds +of Drumlanrig, Closeburn, and Lagg, and killed eighteen persons who had +“followed their own goods.” Such a fierce and unprovoked assault could not +well be allowed to go unpunished, and so a commission was given to Lord +Maxwell to pursue the Johnstones with all hostilities. Johnstone hearing +of this, at once adopted measures for his protection. He summoned to his +aid the Scotts of Teviotdale, and the Grahams and Elliots of Eskdale, as +well as “divers Englishmen, treasonably brought within the realm, armed in +plain hostility.” Maxwell, however, determined not to be beat, entered +into “Bonds of Manrent” with Sanquhar, Drumlanrig, and several others, who +had suffered at the hands of Johnstone, to maintain each other’s quarrels.</p> + +<p>Acting upon his commission, Maxwell summoned Johnstone to surrender, but +this he refused to do, on<span class="pagenum"><a name="Page_129" id="Page_129">[Pg 129]</a></span> the ground that the warden had acted illegally +in entering into “Bonds” with the persons above-mentioned. As it was +clearly impossible to settle the question by diplomatic means, the warden +despatched Captain Oliphant with some troops to Lochmaben, to await his +arrival in Annandale. The Johnstones, who were on the alert, coming +suddenly upon them, killed the captain, and a number of his soldiers, and +burned the Kirk of Lochmaben, where some of Oliphant’s men had fled for +refuge. Lord Maxwell now entered the field in person. He expected to raise +the different towns in his aid; but Johnstone, acting on the principle +that “a ‘steek’ in time saves nine,” attacked him at once, scattered his +forces, and slew Lord Maxwell, “and sundry gentlemen of his name.” This +affair took place December, 1593, and is well known as the Battle of Dryfe +Sands. “Lord Maxwell,” it is said, “a tall man, and heavy in armour, was +in the chase overtaken and stricken from his horse. The report went that +he called to Johnstone, and desired to be taken (prisoner), as he had +formerly taken his (Johnstone’s) father: but was unmercifully used; and +the hand that reached forth cut off; but of this I can affirm nothing. +There, at all events, the Lord Maxwell fell, having received many wounds. +He was a nobleman of great spirit, humane, courteous, and more learned +than noblemen commonly are; but aspiring and ambitious of rule.”</p> + +<p><span class="pagenum"><a name="Page_130" id="Page_130">[Pg 130]</a></span>In this contest the Maxwells suffered severely. They were cut down in +scores in the streets of Lockerbie. It is said that those who escaped bore +on them to their dying hour marks of the fatal day, which occasioned the +proverbial phrase of “a Lockerby lick,” to denote a frightful gash over +the face or skull. So dreadful was the carnage in this disastrous “bout of +arms” that it is alleged by numerous historians that at least 700 of the +Maxwells and their adherents were slain. Two aged thorns long marked the +spot where Maxwell met his fate, known in the district as “Maxwell’s +Thorns.” They were carried away by a flood some fifty years ago, but have +been replaced by two others, now enclosed in a railing.</p> + +<p>“It is evident, then,” remarks Pitcairn, “according to the sentiments of +those times, inherited from their earliest years, which ‘grew with their +growth and strengthened with their strength,’ that natural duty and filial +piety required such a feud should become hereditary, and behoved should be +handed down from one generation to another. The attempts by the King and +his Council to procure an effectual reconciliation, although strenuously +made and often repeated, at length proved abortive. The re-appointment of +the Laird of Johnstone to be warden of the West Marches, in 1596, appears +to have served as a signal for the resumption of mutual aggressions.”<small><a name="f56.1" id="f56.1" href="#f56">[56]</a></small> +It would seem that Johnstone held the office at this time for a period <span class="pagenum"><a name="Page_131" id="Page_131">[Pg 131]</a></span>of +three years, but as his wardenry had got into a most unsatisfactory +condition, he was superseded by Sir John Carmichael, his appointment being +notified to Lord Scrope, by James VI., on the 26th December, 1599. +Carmichael was murdered by Thomas Armstrong, “son of Sandies Ringan,” in +the following year, and Johnstone was again appointed to this ill-fated +office. All this time the feud raged as fiercely as ever. Various attempts +were made to bring about an agreement, but nothing came of them. At length +through the influence of mutual friends, a private meeting was arranged. +Solemn pledges were given and exchanged, and Lord Maxwell and Sir James +Johnstone met on the 6th of April, 1608, each accompanied only by a single +attendant. The principals having removed some distance to discuss their +affairs, a quarrel arose between the two attendants, and when Sir James +Johnstone turned round to admonish them to keep the peace, Lord Maxwell +suddenly drew his pistol, and fired at him, and shot him through the back +with two bullets.</p> + +<p>This cold-blooded murder, made all the more heinous by the circumstances +in which it was perpetrated, was amply revenged. Lord Maxwell was +apprehended, and put in ward in the Castle of Edinburgh. He contrived, +however, to escape, and went abroad, where he remained for four years. He +returned to the Borders, but finding that his crime<span class="pagenum"><a name="Page_132" id="Page_132">[Pg 132]</a></span> was remembered +against him, had instantly to prepare for embarkation to Sweden. +Unfortunately for himself, he was persuaded by his kinsman, the Earl of +Caithness, to abandon this project. He was lured to Castle Sinclair, where +he was promised shelter and secrecy. He was not long there before he was +betrayed by his friend, taken prisoner, and brought to Edinburgh and +beheaded. “It may be gratifying to know that the Earl of Caithness +obtained no reward for his traitorous conduct; but, on the contrary, his +treachery served as a source of constant reproach to him and his +family.”<small><a name="f57.1" id="f57.1" href="#f57">[57]</a></small></p> + +<p>“Thus was finally ended, by a salutary example of severity, ‘the foul +debate’ betwixt the Maxwells and the Johnstones, in course of which each +family lost two chieftains; one by dying of a broken heart, one in the +field of battle, one by assassination, and one by the sword of the +executioner.”<small><a name="f58.1" id="f58.1" href="#f58">[58]</a></small></p> + +<p>The history of the Borders unfortunately affords too many examples of the +deplorable consequences arising from the prevalency and frequency of such +feuds. Many were compelled to live in constant terror of the dagger of the +assassin, never knowing the moment when they might be stricken down by an +unseen hand. At the same time it may be remarked that those who were +guilty of the crime of murder <span class="pagenum"><a name="Page_133" id="Page_133">[Pg 133]</a></span>found it a matter of extreme difficulty to +escape punishment. The “avenger of blood” was ever on the track, and +though for a time, by means of various disguises, the culprit might elude +pursuit, he had sooner or later to pay the penalty of his misdeeds.</p> + +<p>In the year 1511 Sir Robert Ker of Cessford was slain at a Border meeting +by three Englishmen—Heron, Starhead, and Lillburn. The English monarch +delivered up Lillburn to justice, but the other two made good their +escape. Starhead fled for refuge to the very centre of England, and there +lived in secrecy and upon his guard. Two dependants of the murdered warden +were deputed by Andrew Ker of Cessford to revenge his father’s death. They +travelled through England in various disguises till they discovered the +place of Starhead’s retreat, murdered him in his bed, and brought his head +to their master, by whom, in memorial of their vengeance, it was exposed +on the cross of Edinburgh. Heron would have shared the same fate had he +not spread abroad a report of his having died of the plague, and caused +his funeral obsequies to be performed.</p> + +<p>Various expedients were resorted to in order to terminate the feuds which +prevailed. A common method was to get the Chiefs and Chieftains of the +opposing clans to subscribe what were called “bonds of assurance.” There +can be no doubt that this might often have proved a most effective +measure, had the<span class="pagenum"><a name="Page_134" id="Page_134">[Pg 134]</a></span> parties concerned only been willing to let bygones be +bygones. But it was found that the old sores were not easily healed. +Despite the utmost precautions, animosities which had been suppressed for +a time—kept as it were in abeyance—would assert themselves in a most +unexpected manner, and with redoubled force, and create a still more +distracting condition of affairs.</p> + +<p>Prior to the Reformation, feuds were sometimes terminated by an appeal to +the religious sensibilities of the persons more immediately concerned. +They were induced to make pilgrimages to noted shrines—the shrine of St. +Ninian being a favourite resort—where, under the influence of religious +thoughts and feelings, they might be induced to take a more kindly view of +those with whom they were at feud, and make some reparation for the injury +they had inflicted. How far this method succeeded it is difficult to +determine, but the likelihood is that it was quite as effective as any +other.</p> + +<p>Among the Chiefs, or clans, feuds were sometimes brought to an end by a +contract of marriage between a leading gentleman of one clan and a +daughter of the principal house of the other. This was the plan adopted by +the Scotts and Kers, and which, after some vexatious delays, proved +entirely successful.</p> + +<p>But if it was found that none of the above methods of terminating the feud +could be conveniently applied,<span class="pagenum"><a name="Page_135" id="Page_135">[Pg 135]</a></span> then resort was had, as has already been +hinted, to still simpler means. An atonement was made by the payment of a +sum of money called “assythment,” which was sometimes found sufficient to +restore good feeling, and bring together in a spirit of amity families +that had been at feud with each other.</p> + +<p>But these and other means of putting an end to the feud proved, perhaps, +in the majority of cases, of little or no avail. The parties concerned +preferred, generally, to fight it out to the bitter end, utterly +indifferent to consequences.</p> + + +<p> </p><p> </p> +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_136" id="Page_136">[Pg 136]</a></span></p> +<h2><a name="VIII" id="VIII"></a>VIII.</h2> +<h3>THE THIEVES DAUNTONED.</h3> + +<table border="0" cellpadding="0" cellspacing="5" summary="VIII"> +<tr><td>“Revenge! revenge! auld Wat ’gan cry;<br /> +<span style="margin-left: 1em;">Fye, lads, lay on them cruellie!</span><br /> +We’ll ne’er see Teviotside again,<br /> +<span style="margin-left: 1em;">Or Willie’s death revenged sall be.”</span></td></tr></table> + +<p> </p> +<p><span class="dropfig"><img src="images/drop_t.jpg" alt="T" /></span>he intermittent and ineffective manner in which the law was generally +administered on the Borders was the occasion, if not the cause, of much of +the turbulence and lawlessness which prevailed. The Border thieves were +now and then placed under the most rigid surveillance, and their misdeeds +visited with condign punishment; but for the most part they were left to +work out their own sweet will, none daring to make them afraid.</p> + +<p>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<span class="pagenum"><a name="Page_137" id="Page_137">[Pg 137]</a></span> 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.</p> + +<p>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 <i>right</i> 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.<span class="pagenum"><a name="Page_138" id="Page_138">[Pg 138]</a></span> 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.”<small><a name="f59.1" id="f59.1" href="#f59">[59]</a></small> 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 +that at this present, there is some practice in hand, whatsoever it +is—and he doth assure me that those of Liddesdale, Ewesdale, Eskdale, and +Annandale, being 400 horse that came to Hawden brigges where they took +away the goods and burnt 4 houses, was not without the King’s knowledge, but not meant to be done in that +<span class="pagenum"><a name="Page_139" id="Page_139">[Pg 139]</a></span>place.”<small><a name="f60.1" id="f60.1" href="#f60">[60]</a></small> +In another communication, in which he alludes to the coming of the King to the Borders with a large +army, ostensibly to punish the thieves, he remarks, that he thought it +very strange that the King should come with so great a company for the +suppressing of a few thieves, when there was not one of them, either in +Liddesdale or Teviotdale, that he might not have had brought to him, had +he so wished it. He hints that these great outrages would never have been +attempted without the King’s “privitie”—“for it was given forth,” he +says, “that the Earl Bothwell’s riding to Branksome and Hawick, where he +holds as many of Liddesdale before him as it pleased him to send for, that +it was to cause them of Liddesdale to be answerable to justice to England +for such outrages as they had sundry times committed; but the sequel did +manifest the cause of his going thither. For presently after, his said +son-in-law, the Laird of Buccleuch, made a ‘roade’ with 300 horse into the +West March at two of the clock in the after-noon, with a trumpet and +gydon, and spoiled the country about Bewcastle in warlike manner till +sun-set. The trumpet was my Lord Bothwell’s, and the goods was carried to +Armitage at my Lord Bothwell’s officers’ commandment. So as I have just +cause to think that this ‘roade’ was done by my Lord Bothwell’s +appointment,<span class="pagenum"><a name="Page_140" id="Page_140">[Pg 140]</a></span> and I am sure he durst not have done it without the King’s +privity, I will not say commandment.”<small><a name="f61.1" id="f61.1" href="#f61">[61]</a></small></p> + +<p>These are only a few of many illustrations of a similar kind which may be +found scattered through the pages of the “State Papers,” and while we must +be careful not to accept such statements as in every instance worthy of +absolute credence, yet the circumstances would seem to warrant our +regarding them, in many cases at least, as well founded. When the King and +his lieutenants thus secretly connived at, and encouraged, the +depredations of the reivers, we need hardly wonder that they engaged in +the work of plundering with an almost total absence of compunction.</p> + +<p>Had the sphere of their operations been always strictly confined to the +English Border, the likelihood is that neither King, nor Regent, would +have sought to “daunton” them. But there were times when it was difficult +for the Scottish reivers to earn a decent livelihood by harassing and +spoiling “the auld enemy,” owing to the watchfulness and strength of those +dwelling within the opposite Marches; and as there was a danger of their +talents becoming feeble through disuse, they naturally turned their +attention to their own more wealthy neighbours and friends. That there is +“honour among thieves” is a proposition that is sometimes called <span class="pagenum"><a name="Page_141" id="Page_141">[Pg 141]</a></span>in +question; but we find that the spirit of a really helpful friendship +occasionally manifested itself in curious ways. When a family, or clan, +contemplated a raid upon a neighbour’s property, it was customary to +secure the assistance of the thieves on the opposite Border. In +“Pitcairn’s Criminal Trials” there are numerous allusions to the +prosecutions of famous Scottish reivers for the inbringing of Englishmen +to assist them in the work of plunder. This was one of the offences +charged against Cockburn of Henderland, and which, no doubt, weighed +heavily with his judges in consigning him to the gallows.</p> + +<p>When the reivers thus turned their attention to their own countrymen, and +with the assistance of English allies began to despoil them, it was felt +that strong measures must be adopted for their suppression and punishment. +The Border reivers regarded the law with a feeling akin to contempt. They +were disposed to look upon the statutes of the realm as so many old wives’ +fables; and, truth to speak, they were often of not much more account. The +policy of the wardens was too frequently one of mere self-aggrandizement, +and so long as their individual interests were not imperilled they looked +on with a kind of placid indifference at the misdoings of those whom it +was their duty, if not their interest, to control. When James VI. came to +Dumfries, to “daunton the thieves” in that district of the country, his +time was<span class="pagenum"><a name="Page_142" id="Page_142">[Pg 142]</a></span> mainly occupied in meting out summary punishment to men of high +social position, whose “thefts, herschips, and slaughters” had become +notorious, and cried aloud for vengeance. There were, no doubt, many of +the commonality as well, who at this time were made to suffer for their +crimes, but as these cases were generally dealt with by subordinate +officials, they do not come so prominently before us. “Nothing is more +remarkable,” says Sir Herbert Maxwell, “than the light thrown on the +social state of Scotland at this time by the justiciary records. By far +the larger part of the criminals dealt with at the King’s ‘justice aires’ +were men of good position, barons and landowners, burgesses or provosts of +burghs. The humbler offenders were dealt with by the sheriff or at the +baron’s courts, and do not appear; but the following extracts from the +records of the short reign of James IV., in which the culprits are all +landowners, or members of their families, in Dumfriesshire or Galloway, +illustrate the difficulty of maintaining order when the upper classes were +so unruly.” Here a list of names is appended, in which such well-known +personages as Murray, Jardine, Herries, Bell, Dinwoodie, Lindsay, Douglas, +&c., appear. These men stand charged with high treason, +forethought—felony, slaughter, horse-stealing, and other heinous +offences. Some were pardoned, others respited, the horse-stealer was +called upon to make restitution,—a<span class="pagenum"><a name="Page_143" id="Page_143">[Pg 143]</a></span> severe sentence,—and Lindsay of +Wauchope, who had slain a messenger-at-arms, was condemned to death, and +his estates forfeited. In the accounts of expenditure incurred by the King +during this visit to Dumfries some curious items appear. Here are a few +samples. <i>Item</i>, to the man that hangit the thieves at the +Hallirlaws,—xiiijs. <i>Item</i>, for ane raip to hang them in ...—viijd. +<i>Item</i>, to the man that hangit the thieves in Canonby, be the King’s +command ...—xiiijs. But all the details are not of this gruesome +character. The work of hanging, needful as it was, could give but “sma’ +pleasure” even to a King, and so we find that entertainment of another +kind was plentifully provided for the youthful monarch. “He was attended +in his progress,” says Tytler, “by his huntsmen, falconers, morris +dancers, and all the motley and various minions of his pleasure, as well +as by his judges and ministers of the law; and whilst troops of the +unfortunate marauders were seized and brought in irons to the encampment, +executions and entertainments appear to have succeeded each other with +extraordinary rapidity.”<small><a name="f62.1" id="f62.1" href="#f62">[62]</a></small></p> + +<p>Not long after the King made another visit to the Borders, coming on this +occasion also with a considerable following, to the Water of Rule, to +“daunton” the Turnbulls, whose excesses had filled the minds of <span class="pagenum"><a name="Page_144" id="Page_144">[Pg 144]</a></span>the more +peaceful inhabitants with a feeling of terror. Leslie, in his own quaint +and picturesque style, thus describes the incident:—“The King raid furth +of Edinburgh, the viij. of November one the nycht, weill accumpaneit to +the watter of Roulle, quhair he tuik divers brokin men and brocht thame to +Jeduart; of quhom sum was justifyeit, and the principallis of the +trubillis [Turnbulls] come in lyning claythis, with nakitt sordis in thair +handis and wyddyis [ropes] about thair neckis, and pat thame in the Kingis +will; quha wes send to divers castells in ward, with sindrie utheris of +that cuntrey men also, quhair throchout the bordouris wes in greiter +quietnes thairefter.”<small><a name="f63.1" id="f63.1" href="#f63">[63]</a></small></p> + +<p>We find that the Regents, when occasion demanded, were no less severe in +their treatment of the unfortunate marauders. It would seem that about the +middle of the sixteenth century the Borders had attained to an almost +unexampled degree of lawlessness. Murder, robbery, and offences of all +kinds prevailed to an intolerable extent. It is said that men who had been +publicly outlawed walked abroad, deriding the terrors of justice. Hawick, +a burgh of ancient renown, was the centre of these crimes. The Earl of Mar +made a sudden and rapid march upon the town, encompassed it with his +soldiers, and made a proclamation in the market place forbidding any <span class="pagenum"><a name="Page_145" id="Page_145">[Pg 145]</a></span>one, +on pain of death, to receive or shelter a thief. He apprehended +fifty-three of the most noted outlaws, eighteen of whom, strange to state, +he was under the necessity of drowning for “lack of trees and halters.” +Six were hanged in Edinburgh, and the rest either acquitted or put in +prison. This sharp and salutary lesson was evidently laid to heart, as we +learn that, for some time after, extraordinary quietness prevailed.</p> + +<p>In a few years, however, the state of matters on the Borders seems to have +gone from bad to worse. The Scotts and the Ellwoods (Elliots) were at +deadly feud, and as the result of their frequent and violent quarrels the +whole district was thrown into confusion and disorder. Queen Mary had +recently returned from France; and, hearing how things were going in this +distracted part of her realm, came to Jedburgh to hold court in person. +For more than a week she was busily engaged in hearing a great variety of +cases that were brought before her, and imposing various modes and degrees +of punishment on the offenders. It was on this occasion she made her +famous visit to Hermitage Castle, in Liddesdale. The Earl of Bothwell had +been stationed there for some time, in order if possible to “daunton” the +“wicked limmers” by whom the district had long been infested. One day when +in pursuit of a party of Elliots, having got considerably ahead of his +company, he encountered a famous mosstrooper, John Elliot of Park, the +“little Jock<span class="pagenum"><a name="Page_146" id="Page_146">[Pg 146]</a></span> Elliot” of Border song (?), and drawing a “dag” or pistol +fired at him, wounding him severely in the thigh. The gallant marauder +turned upon his assailant, and, with a two-handed sword, which he wielded +with amazing dexterity, bore him to the ground, leaving him to all +appearance dead. Some have been wicked enough to wish that this <i>coup +d’epée</i> had been more effective, as both Queen and country would have been +spared much trouble and many heart burnings had Elliot’s well-aimed blow +fallen with more deadly effect. Mary, hearing that her favourite courtier +lay ill at Hermitage, resolved to pay him a friendly visit. Leaving +Jedburgh early in the morning, in the company of her brother Murray, and +other officers, she rode by way of Hawick over the hills to Liddesdale—a +distance of twenty miles. The road was rough, and not without its hazards, +especially to one unacquainted with the district—the ground near the +watershed being full of quaking bogs and treacherous morasses. There is a +place still known as the “Queen’s Mire,” near the head of the Braidlie +burn, where the palfrey on which her Majesty was riding came to grief. Not +long ago a bit of a silver spur was found at this spot, which is not +unreasonably regarded as a relic of the Queen’s disaster.</p> + +<p>After watching by the bed of the sufferer for the space of two hours, the +Queen resumed her journey, reaching Jedburgh the same night. This long +and<span class="pagenum"><a name="Page_147" id="Page_147">[Pg 147]</a></span> exciting ride, which has exposed the memory of the fair Queen to many +severe animadversions, was followed by a violent fever, which brought her +to the gates of death. She herself did not expect to recover. Calling her +nobles around her couch she enjoined them to live in unity and peace with +each other, and to employ their utmost diligence in the government of the +country, and the education of her son. But the end was not yet. +Fotheringay, with its tragic memories, and not the quiet Border town where +she then lay, was to witness the close of her sublimely pathetic career.</p> + +<p>The unsettled condition of the country after the battle of Langside, and +the Queen’s flight into England, made the Border reivers more than ever +bold and lawless. They seemed to think that their opportunity had come, +and that they might shake themselves free from the embarrassing restraints +of constituted authority. But they were speedily made to feel that the +hand of the Regent was even heavier than that of the King. The Earl of +Murray, realizing that repressive measures were urgently needed, mustered +a force of 4000 horse and foot and marched into Teviotdale, where he was +speedily joined by Scott of Buccleuch, Home, Ker of Cessford, Ker of +Ferniherst, and other gentlemen. After consulting together it was resolved +to burn and destroy Liddesdale; and Buccleuch and Ferniherst were deputed +to undertake the work. This resolution, as might have<span class="pagenum"><a name="Page_148" id="Page_148">[Pg 148]</a></span> been expected, +created consternation and dismay amongst the leaders of the clans, who +came to the Regent entreating him to stay his hand, and graciously pardon +their offences. Murray was not unwilling to do so, provided they would +give assurances and pledges of their future conduct.</p> + +<p>It was found impossible, however, to come to terms. The sureties offered +did not satisfy the Regent, and he at once set about the wholesale work of +destruction which he had formerly planned. He was determined to do the +work thoroughly when he had begun. Everything that would burn was given to +the flames. Not a single house was left standing. He spent a Sunday night +in the castle of Mangerton, and when he left next morning he had the +satisfaction of seeing it reduced to a heap of ruins. This destructive +invasion must have taxed the energies of his large army, as it is said +that the Armstrongs and Elliots had fifty keeps and castles on the banks +of the Liddle. It is one thing, however, to destroy the rookeries; it is +another and totally different thing to exterminate the crows. The Border +thieves were not difficult to accommodate. They were inured to hardship. +It was a necessity of their mode of life. Their “peels” and “towers” might +be in ruins, but it never seemed to have occurred to them to go elsewhere, +at least for any length of time. As soon as the avenging army had +withdrawn, they were back to their old haunts, and in a short time had<span class="pagenum"><a name="Page_149" id="Page_149">[Pg 149]</a></span> +them as comfortable as ever. When a community has been demoralized by long +continued misgovernment, the mere application of brute force does not go +far in the way of restraining them, or helping them toward a better mode +of life—a lesson which governments are often slow to learn.</p> + +<p>But this work of “dauntoning the thieves” was also occasionally undertaken +by the wardens with considerable heartiness, more especially when dealing +with unfortunate culprits from the opposite wardenry. Sir Robert Cary +frequently distinguished himself in this way. In his chatty and +interesting “Memoirs,” he tells a story of one <i>Geordie Bourne</i>, whom he +caused to be hanged on account of his villainies. It is to be hoped that +the picture he has drawn of this man is not representative of the reivers +as a whole, as it is hardly possible to conceive of a more consummate +scoundrel. We shall let the warden tell the story in his own words. He +says:—“This gallant with some of his associates, would, in a bravery, +come and take goods in the East March. I had that night some of the +garrison abroad. They met with this Geordie and his fellows driving off +cattle before them. The garrison set upon them, and with a shot killed +Geordie Bourne’s uncle, and he himself bravely resisting, till he was sore +hurt in the head, was taken. After he was taken, his pride was such as he +asked who it was that durst avow that night’s work? But when he heard it<span class="pagenum"><a name="Page_150" id="Page_150">[Pg 150]</a></span> +was the garrison, he was then more quiet. But so powerful and awful was +this Sir Robert Car and his favourites, as there was not a gentleman in +the East March that durst offend them. Presently, after he was taken, I +had most of the gentlemen of the March come to me, and told me that now I +had the ball at my foot, and might bring Sir Robert Car to what condition +I pleased; for this man’s life was so near and dear to him, as I should +have all that heart could desire for the good and quiet of the country and +myself, if upon any condition I would give him his life. I heard them and +their reasons; notwithstanding, I called a jury the next morning, and he +was found guilty of March treason. Then they feared that I would cause him +to be executed that afternoon, which made them come flocking to me that I +should spare his life till the next day; and if Sir Robert Car came not +himself to me, and made me not such proffers as I could not but accept, +then I should do with him what I pleased. And, further, they told me +plainly that if I should execute him before I heard from Sir Robert Car, +they must be forced to quit their houses and fly the country; for his fury +would be such against me and the March I commanded, as he would use all +his power and strength to the utter destruction of the East March. They +were so earnest with me, that I gave them my word he should not die that +day. There was post upon post sent to Sir<span class="pagenum"><a name="Page_151" id="Page_151">[Pg 151]</a></span> Robert Car; and some of them +rode to him themselves to advertise him in what danger Geordie Bourne was; +how he was condemned, and should have been executed that afternoon, but, +by their humble suit, I gave them my word that he should not die that day; +and therefore besought him that he would send to me with all speed he +could, to let me know that he would be next day with me to offer good +conditions for the safety of his life. When all things were quiet and the +watch set at night, after supper, about ten of the clock, I took one of my +men’s liveries and put it about me, and took two other of my servants with +me in their liveries, and we three, as the warden’s men, came to the +Provost Marshal’s, where Bourne was, and were let into his chamber. We sat +down by him, and told him that we were desirous to see him, because we +heard he was stout and valiant and true to his friend; and that we were +sorry our master could not be moved to spare his life. He voluntarily of +himself said that he had lived long enough to do so many villainies as he +had done, and withal told us that he had lain with above forty men’s +wives, what in England, what in Scotland; and that he had killed seven +Englishmen with his own hand, cruelly murdering them; that he had spent +his whole time in whoring, drinking, stealing, and taking deep revenge for +slight offences. He seemed to be very penitent, and much desired a +minister for the comfort<span class="pagenum"><a name="Page_152" id="Page_152">[Pg 152]</a></span> of his soul. We promised him to let our master +know his desire, who, we knew, would presently grant it. We took our leave +of him, and presently I took order that Mr Selby, a very worthy honest +preacher, should go to him, and not stir from him till his execution the +next morning; for after I had heard his own confession, I was resolved no +conditions should save his life; and so took order that, at the gate’s +opening next morning, he should be carried to execution, which accordingly +was performed.”<small><a name="f64.1" id="f64.1" href="#f64">[64]</a></small></p> + +<p>Milder measures were sometimes adopted, and proved surprisingly +efficacious—in certain circumstances. Before Sir Robert Cary was warden +of the East March he was deputy to Lord Scrope, his brother-in-law, who +was warden of the West March, with his headquarters in Carlisle. On one +occasion, when occupying this subordinate position, intelligence was +brought to him that two Scotsmen had killed a churchman in Scotland, and +that they had been relieved or sheltered by one of the Græmes of Netherby. +Cary determined to surprise the fugitive Scots, and about two o’clock one +morning surrounded the Tower of Netherby with twenty-five horsemen. As he +approached he saw a boy riding from the house as fast as his horse could +carry him. Thomas Carelton came to him and said, “Do you see that boy that +rideth away as fast? He will be in Scotland <span class="pagenum"><a name="Page_153" id="Page_153">[Pg 153]</a></span>within this half hour, and he +is gone to let them know that you are here, and the small number you have +with you; and that if they make haste, on a sudden they may surprise us, +and do with us what they please.” But Cary was not to be frightened. He +soon gathered together three or four hundred horse from the surrounding +district and as many foot, and presently set to work to get to the top of +the strong tower into which the Scots had fled for refuge. The Scots, +seeing how things were going, pled for mercy. “They had no sooner opened +the iron gate,” says Cary, “and yielded themselves my prisoners, but we +might see four hundred horse within a quarter of a mile coming to their +rescue, and to surprise me and my small company; but of a sudden they +stayed, and stood at gaze. Then had I more to do than ever, for all our +Borderers came crying with full mouths, ‘Sir, give us leave to set upon +them, for these are they that have killed our fathers, our brothers, our +uncles, and our cousins; and they are come, thinking to surprise you, upon +weak grass nags,<small><a name="f65.1" id="f65.1" href="#f65">[65]</a></small> such as they could get on a sudden; and God will put +them into your hands, that we may take revenge of them for much blood that +they have spilled of ours.’ I desired that they would be patient and wise, +and bethought myself, if I should give them their wills, there should be +few or none of them (the Scots) that <span class="pagenum"><a name="Page_154" id="Page_154">[Pg 154]</a></span>would escape unkilled (there were so +many deadly feuds among them), and therefore I resolved with myself to +give a fair answer, but not to give them their desire. So I told them that +if I were not there myself, they might do what pleased themselves; but +being present, if I should give them leave, the blood that had been spilt +that day would lie very heavy on my conscience, and therefore I desired +them, for my sake, to forbear; and if the Scots did not presently make +away with all the speed they could upon my sending to them, they should +then have their wills to do what they pleased. They were ill satisfied +with my answer, but durst not disobey. I sent with speed to the Scots, and +bade them pack away with all the speed they could, for if they stayed the +messengers’ return, there should few of them return to their own home. +They made no stay, but they were turned homewards before the messenger had +made an end of his message. Thus, by God’s mercy and by my means, there +were a great many lives spared that day.”<small><a name="f66.1" id="f66.1" href="#f66">[66]</a></small></p> + +<p>Thus ended happily what might otherwise have proved a disastrous +encounter. Such incidents tend to prove that the Borderers might have been +governed with comparative ease had they only been dealt with in a firm but +kindly spirit. The rough usage to which they were frequently subjected at +the hands of the government made them reckless, and not unnaturally led +them to regard the law not as a friend, but as an enemy.</p> + + +<p> </p><p> </p> +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_155" id="Page_155">[Pg 155]</a></span></p> +<h2><a name="IX" id="IX"></a>IX.</h2> +<h3>LIDDESDALE LIMMERS.</h3> + +<table border="0" cellpadding="0" cellspacing="5" summary="IX"> +<tr><td>“<i>Wicked thieves and limmers.</i>”</td></tr> +<tr><td><span style="margin-left: 10em;"><span class="smcap">Act of Parliament.</span></span></td></tr> +<tr><td> </td></tr> +<tr><td>“Thir limmer thieves, they have good hearts,<br /> +<span style="margin-left: 1em;">They nevir think to be o’erthrown;</span><br /> +Three banners against Weardale men they bare,<br /> +<span style="margin-left: 1em;">As if the world had been their own.”</span></td></tr> +<tr><td><span style="margin-left: 10em;"><span class="smcap">Rookhope Ryde.</span></span></td></tr></table> + +<p> </p> +<p><span class="dropfig"><img src="images/drop_t.jpg" alt="T" /></span>hough reiving may be said to have been a characteristic of the +inhabitants along the whole Border line from Berwick to the Solway, yet it +was only in the district known as Liddesdale where it attained, what we +might designate, its complete development as a thoroughly organized +system. This part of Roxburghshire is, to a certain extent, detached from +the rest of the county by reason of the fact that it lies south of the +range of hills which form the watershed between the Solway and the German +Ocean. This picturesque and interesting district, so famous in Border song +and story, is of a somewhat triangular shape, and at present forms one of +the largest parishes in the south of Scotland, measuring some twenty miles +by fourteen. It is bounded by England on the south, by Dumfriesshire on +the west, and by the parishes of<span class="pagenum"><a name="Page_156" id="Page_156">[Pg 156]</a></span> Teviothead, Hobkirk, and Southdean on +the north. The upper, or northern, portion is mountainous and bleak. Some +of the hills along its boundaries are high and precipitous, the lofty +peaks of Millenwood Fell and Windhead attaining an elevation of close on +2000 feet. Tudhope hill, which forms a landmark for ships at sea, is 1830 +feet high. The lower end of the district is less mountainous, but the +whole country is wild and bare, except in the valleys, which are clothed +in the richest green, and are sunny and sheltered.</p> + +<p>Along the banks of the Hermitage and the Liddle—the latter stream giving +its name to the district—the keeps and peels of the Border reivers were +thickly and picturesquely planted. These towers, many of which have been +happily preserved, form one of the most striking features of the Border +landscape. As a general rule they were built in some situation of great +natural strength, on a precipice, or close to the banks of a stream, or +surrounded by woods and morasses, which made them difficult of access. The +position in which they were generally placed indicated at a glance the +pursuits and apprehensions of their inhabitants. It is said that when +James VI. approached the castle of Lochwood, the ancient seat of the +Johnstones, he exclaimed that “the man who built it must have been a knave +in his heart.”</p> + +<p>The principal part of these strongholds consisted of a large square tower, +called a “keep,” having walls of<span class="pagenum"><a name="Page_157" id="Page_157">[Pg 157]</a></span> immense thickness, which could be easily +defended against any sudden or desultory assault. The residencies of the +inferior Chiefs, called “peels” or “bastel-houses,” were generally built +on a much smaller scale, and consisted merely of a high square tower, +surrounded by an outer wall, which served as a protection for cattle at +night. In these places the rooms were placed, one above the other, and +connected by a narrow stair, which was easily blocked up or defended, so +that it was possible for the garrison to hold out for a considerable +period, even after the lower storey had been taken possession of by the +enemy. In such circumstances the usual device was for the assailants to +heap together quantities of wetted straw, and set fire to it in order to +drive the defenders from storey to storey, and thus compel them to +surrender.</p> + +<p>“In each village or town,” says Sir Walter Scott, “were several small +towers having battlements projecting over the side walls, and usually an +advanced angle or two, with shot-holes for flanking the doorway, which was +always defended by a strong door of oak, studded with nails, and often by +an interior door of iron. These small peel-houses were ordinarily +inhabited by the principal feuars and their families. Upon the alarm of +approaching danger, the whole inhabitants thronged from their miserable +cottages, which were situated around, to garrison these places<span class="pagenum"><a name="Page_158" id="Page_158">[Pg 158]</a></span> of +defence. It was then no easy matter for an hostile party to penetrate into +the village, for the men were habituated to the use of bow and fire-arms; +and the towers being generally so placed that the discharge from one +crossed that from another, it was impossible to assault any of them +individually.”</p> + +<p>In the middle of the sixteenth century there were no fewer than sixteen of +these bastel-houses in the village of Lessudden, a fact which shows that +the inhabitants of the Border were compelled to live under somewhat +peculiar conditions. To follow the ordinary occupations of life was, in +most cases, all but impossible.</p> + +<p>One of the most important strongholds on the Borders was Hermitage, a +well-built castle, placed near the watershed, on the banks of a +swift-flowing mountain stream—the Hermitage water, which joins the Liddle +a little above the village of Newcastleton. This famous Border tower was +built and fortified by Walter, Earl of Menteith, in the beginning of the +thirteenth century. It was a royal fortress, built and maintained for the +defence of the Kingdom. Numerous interesting associations cluster around +its mouldering walls. It has, unhappily, been the scene of many a +blood-curdling tragedy. Could its massive walls only recount the deeds +which have been done under their shadow, they would many a strange tale +unfold. Hermitage was long associated with the name of<span class="pagenum"><a name="Page_159" id="Page_159">[Pg 159]</a></span> Lord Soulis, a +fiend in human form, whose crimes have been painted in blackest hues, and +to whom tradition has ascribed almost every conceivable kind and degree of +wickedness. He seems, at least, to have been utterly destitute of the +divine quality of mercy.</p> + +<p class="poem">“The axe he bears, it hacks and tears;<br /> +<span style="margin-left: 1em;">’Tis form’d of an earth-fast flint;</span><br /> +No armour of knight, tho’ ever so wight,<br /> +<span style="margin-left: 1em;">Can bear its deadly dint.</span><br /> +<br /> +No danger he fears, for a charm’d sword he wears,<br /> +<span style="margin-left: 1em;">Of adderstone the hilt;</span><br /> +No Tynedale knight had ever such might,<br /> +<span style="margin-left: 1em;">But his heart-blood was spilt.”</span></p> + +<p>He invited the young laird of Mangerton to a feast, and treacherously +murdered him. The “Cout of Keeldar,” also, was drowned by the retainers of +Lord Soulis in a pool near the castle, being held down in the water by the +spears of his murderers.</p> + +<p class="poem">“And now young Keeldar reach’d the stream,<br /> +<span style="margin-left: 1em;">Above the foamy linn;</span><br /> +The Border lances round him gleam,<br /> +<span style="margin-left: 1em;">And force the warrior in.</span><br /> +<br /> +The holly floated to the side,<br /> +<span style="margin-left: 1em;">And the leaf on the rowan pale;</span><br /> +Alas! no spell could charm the tide,<br /> +<span style="margin-left: 1em;">Nor the lance of Liddesdale.</span><br /> +<br /> +Swift was the Cout o’ Keeldar’s course<br /> +<span style="margin-left: 1em;">Along the lily lee;</span><br /> +But home came never hound nor horse,<br /> +<span style="margin-left: 1em;">And never home came he.</span><br /> +<span class="pagenum"><a name="Page_160" id="Page_160">[Pg 160]</a></span><br /> +Where weeps the birch with branches green,<br /> +<span style="margin-left: 1em;">Without the holy ground,</span><br /> +Between two old gray stones is seen<br /> +<span style="margin-left: 1em;">The warrior’s ridgy mound.</span><br /> +<br /> +And the hunters bold, of Keeldar’s train,<br /> +<span style="margin-left: 1em;">Within yon castle’s wall,</span><br /> +In a deadly sleep must aye remain,<br /> +<span style="margin-left: 1em;">Till the ruin’d towers down fall.</span><br /> +<br /> +Each in his hunter’s garb array’d,<br /> +<span style="margin-left: 1em;">Each holds his bugle horn;</span><br /> +Their keen hounds at their feet are laid<br /> +<span style="margin-left: 1em;">That ne’er shall wake the morn.”</span></p> + +<p>Tradition says that, when the people complained to the King of the +atrocities committed by Lord Soulis, he said to them in a fit of +irritation—“Go, boil Lord Soulis and ye list, but let me hear no more of +him.” No sooner said than done—</p> + +<p class="poem">“On a circle of stones they placed the pot,<br /> +<span style="margin-left: 1em;">On a circle of stones but barely nine;</span><br /> +They heated it red and fiery hot,<br /> +<span style="margin-left: 1em;">Till the burnish’d brass did glimmer and shine.</span><br /> +<br /> +They roll’d him up in a sheet of lead,<br /> +<span style="margin-left: 1em;">A sheet of lead for a funeral pall;</span><br /> +They plunged him in the cauldron red,<br /> +<span style="margin-left: 1em;">And melted him, lead, and bones and all.</span><br /> +<br /> +At the Skelfhill, the cauldron still<br /> +<span style="margin-left: 1em;">The men of Liddesdale can show;</span><br /> +And on the spot where they boil’d the pot<br /> +<span style="margin-left: 1em;">The spreat and the deer-hair ne’er shall grow.”</span></p> + +<p>At a place called the “Nine Stane Rig” there may still be seen a circle of +stones where it is supposed this gruesome tragedy was enacted. The +“cauldron<span class="pagenum"><a name="Page_161" id="Page_161">[Pg 161]</a></span> red,” in which Lord Soulis was boiled, is now in the possession +of the Duke of Buccleuch. The Nine Stane Rig derived its name from an old +Druidical circle of upright stones, nine of which remained to a late +period. Two of these are particularly pointed out as those that supported +the iron bar upon which the fatal cauldron was suspended.</p> + +<p>The castle of Hermitage ultimately passed into the possession of the +Douglasses, and became the principal stronghold of the “Black Knight of +Liddisdale,” a natural son of the good Lord James Douglas, the trusted +friend and companion of Bruce. In the year 1342 it was the scene of the +following terrible tragedy:</p> + +<p>Sir Alexander Ramsay of Dalhousie, a brave and patriotic Scottish baron, +who had specially distinguished himself in the wars with England, was +appointed governor of the castle of Roxburgh and Sheriff of Teviotdale. +Douglas, who had formerly held the office of Sheriff, was enraged when he +heard what had occurred, and vowed revenge against Ramsay, his old +companion in arms. He came suddenly upon him with a strong party of his +vassals while he was holding his court in the church of Hawick. Ramsay, +suspecting no harm, invited Douglas to take a seat beside him. The +ferocious warrior, drawing his sword, rushed upon his victim, wounded him, +threw him across his horse, and carried him off to the remote and +inaccessible castle of<span class="pagenum"><a name="Page_162" id="Page_162">[Pg 162]</a></span> Hermitage. There he was thrown into a dungeon, and +left to perish of hunger. It is said that his miserable existence was +prolonged for seventeen days by some particles of corn which fell from a +granary above his prison. Tytler, in commenting on this abominable crime, +justly remarks:—“It is a melancholy reflection that a fate so horrid +befell one of the bravest and most popular leaders of the Scottish nation, +and that the deed not only passed unrevenged, but that its perpetrator +received a speedy pardon, and was rewarded by the office which led to the +murder.”</p> + +<p>In later times Hermitage is chiefly associated with the names of Bothwell +and Buccleuch. It is still in the possession of the latter noble family, +and is one of the most interesting of all the old Border castles.</p> + +<p>In the olden time Liddesdale was chiefly inhabited by two numerous and +powerful families—the Armstrongs and the Elliots. The laird of Mangerton +was the head of the former, and the laird of Redheugh of the latter. Both +families were, almost without exception, notorious freebooters. Reiving +was the business of their lives. They were inspired, if not with a noble, +at least with an overmastering enthusiasm for their nefarious calling. +They were strongly of opinion that all property was common by the law of +nature, and that the greatest thief was the man<span class="pagenum"><a name="Page_163" id="Page_163">[Pg 163]</a></span> who had the presumption +to call anything his own! Might was right.</p> + +<p class="poem">“They may take who have the power,<br /> +And they may keep who can.”</p> + +<p>It was, no doubt, a simple rule, but the consequences resulting from its +application were not always of an agreeable description.</p> + +<p>It is said that the original name of the Armstrongs was <i>Fairbairn</i>, and +that the change of name was brought about by a curious incident. The King +on one occasion asked a Fairbairn to help him to mount his horse. +Stretching out his arm, he caught the King by the thigh, and lifted him +into his saddle. From henceforth he was known by the name of <i>Armstrong</i>.</p> + +<p>The name “Elliot” has undergone considerable changes. It is spelled in +some of the older documents in at least seventy or eighty different ways, +the most common being Ellwood, Elwald, Elwand, Hellwodd, Halliot, Allat, +Elliot. It is remarkable that in many districts in the south of Scotland +the name is still pronounced “Allat,” though this is one of the older +forms in which it appears.</p> + +<p>The Elliots and Armstrongs and other inhabitants of Liddesdale attained an +unenviable notoriety. The picture which Maitland has drawn of these +“Liddesdale Limmers” may be here and there too highly<span class="pagenum"><a name="Page_164" id="Page_164">[Pg 164]</a></span> coloured; yet those +who are most familiar with the facts of Border history will be the first +to admit that it is, on the whole, a fairly accurate description. It is +entitled, “A Complaynt against the Thieves of Liddesdale”—</p> + +<p class="poem">“Of Liddesdale the common thieves,<br /> +Sae pertly steals now and reives,<br /> +<span style="margin-left: 1em;">That nane may keep</span><br /> +<span style="margin-left: 1em;">Horse, nolt, nor sheep</span><br /> +For their mischieves.<br /> +<br /> +They plainly through the country rides,<br /> +I trow the mickle devil them guides,<br /> +<span style="margin-left: 1em;">Where they onset</span><br /> +<span style="margin-left: 1em;">Ay in their gait,</span><br /> +<span style="margin-left: 1em;">There is no yett,</span><br /> +Nor door them bides.<br /> +<br /> +They leave richt nocht wherever they gae;<br /> +There can nae thing be hid them frae;<br /> +<span style="margin-left: 1em;">For gif men wald</span><br /> +<span style="margin-left: 1em;">Their houses hald,</span><br /> +<span style="margin-left: 1em;">Then wax they bald</span><br /> +To burn and slay.<br /> +<br /> +They thieves hae near hand herrit hail,<br /> +Ettrick Forest and Lauderdale;<br /> +<span style="margin-left: 1em;">Now are they gane</span><br /> +<span style="margin-left: 1em;">To Lothiane,</span><br /> +<span style="margin-left: 1em;">And spares nane</span><br /> +That they will wail.<br /> +<br /> +Bot common taking of blackmail,<br /> +They that had flesh, and bread, and ale,<br /> +<span style="margin-left: 1em;">Now are sae wrackit,</span><br /> +<span style="margin-left: 1em;">Made bare and naikit,</span><br /> +<span style="margin-left: 1em;">Fain to be slaikit,</span><br /> +With water caill.<br /> +<span class="pagenum"><a name="Page_165" id="Page_165">[Pg 165]</a></span><br /> +They thieves that steals and turses<small><a name="f67.1" id="f67.1" href="#f67">[67]</a></small> hame,<br /> +Ilk ane o’ them has ane to-name,<br /> +<span style="margin-left: 1em;">Will i’ the Laws,</span><br /> +<span style="margin-left: 1em;">Hab o’ the Shaws,</span><br /> +<span style="margin-left: 1em;">To mak bare wa’s</span><br /> +They think nae shame.<br /> +<br /> +They spulyie puir men o’ their packs,<br /> +They leave them nocht on bed or balks,<small><a name="f68.1" id="f68.1" href="#f68">[68]</a></small><br /> +<span style="margin-left: 1em;">Baith hen and cock,</span><br /> +<span style="margin-left: 1em;">With reel and rock,</span><br /> +<span style="margin-left: 1em;">The Laird’s jock,</span><br /> +All with him taks.<br /> +<br /> +They leave not spindle, spoon, nor speit,<br /> +Bed, blanket, bolster, sark, nor sheet,<br /> +<span style="margin-left: 1em;">John o’ the Park</span><br /> +<span style="margin-left: 1em;">Rypes kist and ark;</span><br /> +<span style="margin-left: 1em;">For all sic wark</span><br /> +He is richt meet.<br /> +<br /> +He is weel kenned, Jock o’ the Syde—<br /> +A greater thief did never ride;<br /> +<span style="margin-left: 1em;">He never tires</span><br /> +<span style="margin-left: 1em;">For to break byres;</span><br /> +<span style="margin-left: 1em;">O’er muir and mires,</span><br /> +Ower guid ane guid.<br /> +<br /> +Of stouth though now they come guid speed,<br /> +That nother of God or man has dread;<br /> +<span style="margin-left: 1em;">Yet or I dee,</span><br /> +<span style="margin-left: 1em;">Some shall them see</span><br /> +<span style="margin-left: 1em;">Hing on a tree,</span><br /> +While they be dead.”</p> + +<p> </p> +<p>It is evident from this graphic account that these “Liddesdale limmers” +were not particular as to their booty. They carried off everything that +came to <span class="pagenum"><a name="Page_166" id="Page_166">[Pg 166]</a></span>hand, on the principle, perhaps, that if they had no particular +use for some of the things they appropriated, they were at least leaving +their enemies poorer than when they found them. We read of one John Foster +of Heathpool, servant to Sir John Foster, complaining of John Elliot of +the Heughehouse, Clement Croser, “Martin’s Clemye,” John Croser, “Eddie’s +John,” Gib Foster of Fowlesheiles, &c., to the number of thirty, “who +stole six oxen, 6 kye, 4 young nowte, ane horse, a nag, a sword, a steil +cap, a dagger and knives, 2 spears, 2 dublets, 2 pair of breeches, a +cloke, a jerkyne, a woman’s kertle and a pair of sleaves, 9 kerchers, 7 +railes, 7 partlettes, 5 pair of line(n) sheitis, 2 coverlettes; 2 lynne +sheits; a purs and 6/- in monie; a woman’s purs and 2 silke rybbons; a +windinge clothe; a feather bed; a cawdron, a panne, 4 bond of hempe, a +pair of wool cards, 4 children’s coates, &c., &c.”<small><a name="f69.1" id="f69.1" href="#f69">[69]</a></small></p> + +<p>The list of goods here “appropriated” by John Elliot and his friends is an +interesting one, as it shows “that all was fish that came to their +net”—not even the “winding cloth” being discarded when ransacking the +house. We also find an account of one Robert Rutherford of Todlaw +producing a “remission for art and part of the theft of certain cuschies +of silk, sheits, fustiane, linen cloths, scarfs, fustiane, scarfs, and +other clothes, furth of the Kirk of Jedworthe—Robert <span class="pagenum"><a name="Page_167" id="Page_167">[Pg 167]</a></span>Turnbull of +Blindhalche becoming surety to satisfy parties.”<small><a name="f70.1" id="f70.1" href="#f70">[70]</a></small> Sacrilege was of +frequent occurrence. We also find the following entry in +Pitcairn:—“Remission to Edward Tayt, for the thiftwise breking of the +Kirk of Hendirland, and takin away of certaine guids, gold and silver, fra +Sir Wilzeame Jurdane.” This happened in the year 1493, which points to the +fact that at that date the church of Henderland, which stood on the +rounded eminence near Henderland farm house, where “Perys and Marjorie +Cockburn” have found their last resting place, was then in existence. This +place of worship must have disappeared about the time of the Reformation.</p> + +<p>These items of information, curious though they may appear, must not be +regarded as abnormal instances of the rapacity of the Liddesdale thieves, +or “limmers”—to use the designation of an old Act of the Scottish +Parliament. They simply denote ordinary incidents of Border reiving. +“Kist” and “ark” were made to yield up their treasures. “Insight gear” +included everything to be found within the four walls of the house. The +very children were sometimes carried off! When the thieves had completed +their task those whom they had plundered were occasionally left in a state +of absolute destitution. They might congratulate themselves when they +<span class="pagenum"><a name="Page_168" id="Page_168">[Pg 168]</a></span>were able to keep their clothes on their backs! Some, indeed, were not so +fortunate; and, after an encounter with the thieves, were compelled to +face the rigour of a severe climate with an exceedingly primitive outfit.</p> + +<p>It is interesting to find that the clan system prevailed on the Borders, +especially in the south-west portion of the district. In Liddesdale, in +the district known as the Debateable land, and along the shores of the +Solway, the inhabitants were grouped into clans, many of them numerous and +powerful. According to Skene, “the word clan signifies children or +descendants, and the clan name thus implies that the members of it are, or +were supposed to be, descended from a common ancestor or eponymus, and +they were distinguished from each other by their patronymics, the use of +surnames in the proper sense of the term being unknown among them. These +patronymics, in the case of the <i>Caenncine</i>, or chief, and the +<i>Ceanntighs</i>, or heads of the smaller septs, indicated their descent from +the founder of the race or sept; those of the members of it who were of +the kin of the Chief or Chieftain showed the personal relation; while the +commonality of the clan simply used a derivative form of the name of the +clan, implying merely that they belonged to it.”<small><a name="f71.1" id="f71.1" href="#f71">[71]</a></small></p> + +<p>This form of government, so essentially patriarchal <span class="pagenum"><a name="Page_169" id="Page_169">[Pg 169]</a></span>in its nature, is at +once the most simple and universal. It is derived from the most primitive +idea of authority exercised by a father over his family. Among nations of +a Celtic origin this system was universal. Indeed, it is generally held +that it is a system peculiar to Celtic tribes. How it came to be +established on the Borders is a question which is not easily solved. Sir +Walter Scott is of opinion that the system was originally derived from the +inhabitants of the western portion of Valentia, who remained unsubdued by +the Saxons, and by those of Reged, and the modern Cumberland. He says that +the system was not so universal on the eastern part of the Marches, or on +the opposite Borders of England. There were many families of distinction +who exercised the same feudal and territorial authority that was possessed +by other landlords throughout England. But in the dales of Rede and Tyne, +as well as in the neighbouring county of Cumberland, the ancient custom of +clanship prevailed, and consequently the inhabitants of those districts +acted less under the direction of their landlords than under that of the +principal men of their name.<small><a name="f72.1" id="f72.1" href="#f72">[72]</a></small></p> + +<p>It is important that this fact should be kept steadily in mind, as the +mode of government, of living, and of making war, adopted by the Borderers +on both sides, seems to have been in great measure the consequence of the +prevailing system of clanship.</p> + +<p><span class="pagenum"><a name="Page_170" id="Page_170">[Pg 170]</a></span>It is the simplest of all possible systems of government. The Chief was +not only the legislator and captain and father of the tribe, but it was to +him that each individual of the name looked up for advice, subsistance, +protection, and revenge.</p> + +<p>In “Skene’s Acts of Parliament” a Roll of the Border clans is given, from +which it would appear that there were <span class="smcap">seventeen</span> distinct septs, or +families, mostly in the south-western portion of the Scottish Borders. The +<i>Middle March</i> was inhabited by Elliots, Armstrongs, Nicksons, and +Crosiers. The <i>West March</i> by Scotts, Beatisons, Littles, Thomsones, +Glendinnings, Irvinges, Belles, Carrutherses, Grahams, Johnstones, +Jardines, Moffettes, and Latimers. These clans are described as having +“Captaines, Chieftaines, quhome on they depend, oft-times against the +willes of their Landislordes.” “Ilk ane o’ them,” according to Maitland, +had a to-name, or <i>nickname</i>, as it is commonly called now-a-days. This +was a matter of necessity, as otherwise it would have been exceedingly +difficult to distinguish the different members of the sept. These to-names +are often suggestive and amusing, as most of them are based on some +physical or moral peculiarity. In the year 1583 Thomas Musgrave sent an +interesting letter to Burghley, Chancellor to Queen Elizabeth, in which he +gives a list of the Armstrongs and Elliots. “I understand,” he says, “that +your lordship is not well acquainted with the names<span class="pagenum"><a name="Page_171" id="Page_171">[Pg 171]</a></span> of the waters, and +the dwelling places of the riders and ill-doers both of England and +Scotland.... May it please, therefore, your lordship to understand, that +the ryver Lyddal is a fayre ryver, and hath her course doun by Lyddisdall, +so as the dale hath the name of the ryver.... I shall therefore set downe +the Ellottes of the head of Lyddall as my skyll will afforde, that your +lordship may know the better when their deeds shall come in question. The +Ellotes of Lyddisdall:—Robin Ellot of the Redheugh, Chiefe of the +Ellottes; Will Ellot of Harskarth his brother; Gebbe Ellot his brother; +Adam Ellot of the Shaws; Arche Ellot called Fyre the brayes; Gybbe Ellot +of the Shawes; Gorth Simson; Martin Ellot called Rytchis Martin. All these +are Robin Ellotes brethren, or his men that are daly at his commandement. +The grayne of the Ellotes called the Barneheedes:—Joke Ellot called Halfe +loges. The grayne of the Ellottes of the Bark:—Sims Johne Ellot of the +Park; Will Ellot, gray Willie; Hobbe Ellot called Scotes Hobbe; Johne +Ellot of the Park; Jem Ellote called gray Wills Jeme; Hobbe Ellot called +Hobbs Hobbe. The grayne of Martin Ellot of Bradley:—Gowan Ellot called +the Clarke; Hobbe Ellot his brother; Arche Ellot his brother; Joke Ellot +called Copshawe; John Ellot of Thornesope; Will Ellot of the Steele; Dand +Ellot of the Brandley; John Ellot of the same; Seme Ellot of Hardin. All +theise<span class="pagenum"><a name="Page_172" id="Page_172">[Pg 172]</a></span> Ellots and manie more of them are at Robin Ellot’s commandment and +dwell betwixt the Armstrongs in Lyddisdall and Whethough town—fewe of +them marryed with Englishe women.” Then follows a long list of the +“Armstrongs of Mangerton,” and of the “Howse of Whetaughe Towre.” Some of +the names in the list are amusingly suggestive—“Seme Armestronge lord of +Mangerton marryed John Foster’s daughter of Kyrshopefoot; Joke Armestronge +called the “lord’s Joke” dwelleth under Dennyshill besides Kyrsope in +Denisborne, and married Anton Armestrong’s daughter of Wylyare in +Gilsland; Johne Armestronge called “the lordes Johne,” marryet Rytche +Grayme’s sister.... Thomas Armestrong called “the lordes Tome.”... Runyon +Armestrong called “the lordes Runyon.”... Thom Armestronge Sims Thom, +marryed Wat Storyes daughter of Eske, called Wat of the Hare ends.”<small><a name="f73.1" id="f73.1" href="#f73">[73]</a></small></p> + +<p>We also read of “Thomas Abye,” “Gawins Will,” “Red Andrew,” “Bangtale,” +“Ould Hector of Harlaw,” “Stowlugs,” “Cokespoole,” “Skinabake,” “Carhand,” +“Hob the Tailor,” “Redneb,” &c.</p> + +<p>Among the Elliots we find such to-names as “Long John,” “John the Child,” +“John Cull the spade,” “Bessie’s Wife’s Riche,” “Robin the Bastard of +Glenvoren,” &c. One of the family of Nixon was <span class="pagenum"><a name="Page_173" id="Page_173">[Pg 173]</a></span>known as “Ill Drooned +Geordie,” a name which seems to indicate that the person who bore it had +had at one time or another a narrow escape from what perhaps was his +righteous doom. “Wynking Will,”<small><a name="f74.1" id="f74.1" href="#f74">[74]</a></small> “Wry-Crag,” “David the Leddy,” and +“Hob the King,” are sufficiently explicit.</p> + +<p>These are a fair sample of the <i>to-names</i> by which the thieves of +Liddesdale were distinguished. It must be admitted, however, that many of +them are not quite so respectable as those given, and would hardly admit +of reproduction in a modern book. The men to whom they were assigned must +have been regarded, one would naturally suppose, as utterly disreputable +characters, even by those who associated with them in the invidious +calling to which they were devoted.</p> + +<p>It is probable that the men of Liddesdale were to a certain extent +corrupted by their propinquity to the lawless hordes which inhabited the +Debateable land. This was a tract of country lying between the Esk and the +Sark, of some fifty or sixty square miles in extent, which was regarded as +belonging neither to the one kingdom nor the other. Here the “Genius of +Misrule,” for many generations, held all but undisputed sway. The Græmes, +Littles, and Bells, and other “broken men” of equally unenviable +reputation, <span class="pagenum"><a name="Page_174" id="Page_174">[Pg 174]</a></span>found in this district a convenient centre for conducting +their marauding exploits. It was a matter of no moment to them whether +their victims belonged to the one country or the other. They were as +destitute of patriotism as of the other virtues. When they were hard +driven by the English, they claimed the protection of the Scottish warden; +and when he in his turn had accounts to settle with them, they appealed to +his English rival in office to shield them from vengeance. In this way +they often succeeded in escaping the punishment due to their misdeeds, +where others, less happily circumstanced, would have been speedily +compelled to “underlie the law.” In course of time this state of matters +became intolerable, and it was resolved by the Scottish Council in the +year 1552 that this district should be divided, the one part to be placed +under the jurisdiction of England, the other under that of Scotland. +Accordingly, a Commission, on which were representatives of both nations, +was appointed to settle, if possible, this long-standing difficulty. These +commissioners were allowed the utmost freedom of judgment in fixing upon a +proper boundary line, as both governments were agreed that minor +difficulties, as to the extent of territory to be allocated to the one +country or the other, should not be allowed to stand in the way. The final +decision was not so easily arrived at as might, in the circumstances, have +been expected. The Scots drew<span class="pagenum"><a name="Page_175" id="Page_175">[Pg 175]</a></span> the line considerably to the south, the +English to the north, of the boundary finally agreed upon. After +considerable discussion, a line was ultimately fixed which satisfied both +parties, and a turf dyke was built, stretching from the Sark to the Esk, +which is still known as the Scots Dyke.</p> + +<p>This was an important step. The boundary was finally settled. The wardens +knew the precise limits to which their power and authority extended, and +were thus in a position to discharge the duties of their office with more +assured certainty of success. But, as might have been anticipated, the +fixing of a boundary line did not eradicate, or even to any great extent +restrain, the thieving propensities of the lawless inhabitants of this +district. The Debateable land continued to nourish “ane great company of +thieves and traitores, to the great hurt and skaith of the honest lieges” +as in times by-past. But a good beginning had been made in fixing the +boundaries, and in course of time more favourable results ensued.</p> + +<p>It would be unwarrantable to assert that the Liddesdale thieves attained +their unenviable notoriety entirely owing to their intimate association +with the fierce banditti to whom reference has been made. The Armstrongs +and Elliotts needed no encouragement in the carrying on of their nefarious +business of plunder. They were evidently heartily in love with<span class="pagenum"><a name="Page_176" id="Page_176">[Pg 176]</a></span> their +calling, and were never happier than when engaged in a marauding +expedition. But apart from the fact that “evil communications corrupt good +manners,” the near neighbourhood of the Debateable land constituted an +indirect incentive to crime. In the great deer forests of the Highlands +there are what are called “sanctuaries,” or places to which the deer may +resort to escape the huntsman. We are told that when they are disturbed on +the mountains, they at once make for the protected area, where they know +they are safe from pursuit. The Debateable land constituted for +generations just such a “sanctuary,” or place of refuge for Border +thieves. Here they were comparatively safe. The district formed a little +kingdom by itself. Within this region the law was comparatively powerless.</p> + +<p>But we find that the “Liddesdale limmers” were occasionally driven to bay +in the most effectual manner. Sir Robert Cary on one occasion gave them a +salutary lesson, which they did not soon forget. The Armstrongs +especially, a powerful and turbulent clan, had long carried things with a +high hand on the English Border, burning, despoiling, and slaying to their +hearts’ content. This state of matters had at last become intolerable, and +Cary determined to have it out with them. He called the gentlemen of the +neighbourhood together, and acquainted them with the miseries which had +been brought upon the<span class="pagenum"><a name="Page_177" id="Page_177">[Pg 177]</a></span> people by the rapacity and cruelty of the +Liddesdale thieves. They advised him to apply to the Queen and Council for +assistance, but this he was unwilling to do, as he thought he was quite +able, with the resources at his command, to effectually suppress the +lawless horde which had wrought such havoc within his wardenry. He +says:—“I told them my intention what I meant to do, which was, ‘that +myself, with my two deputies, and the forty horse that I was allowed, +would, with what speed we could, make ourselves ready to go up to the +wastes, and there we would entrench ourselves, and lie as near as we could +to the outlaws; and, if there were any brave spirits among them, that +would go with us, they should be very welcome, and fare and lie as well as +myself: and I did not doubt before the summer ended to do something that +should abate the pride of these outlaws.’” With this comparatively small +force he set out for Liddesdale. He built a fort on a hill in the +immediate vicinity of Tarras moss, into which the thieves, when they +learned of his approach, had fled for refuge. Here Cary and his men stayed +from the middle of June till near the end of August. The country people +supplied him with provisions, being well paid for anything they brought to +him. “The chief outlaws,” he says, “at our coming, fled their houses where +they dwelt, and betook themselves to a large and great forest, (with all +their goods,) which was called the<span class="pagenum"><a name="Page_178" id="Page_178">[Pg 178]</a></span> Tarras. It was of that strength, and +so surrounded with bog and marsh grounds, and thick bushes and shrubs, as +they feared not the force nor power of England or Scotland, so long as +they were there. They sent me word, that I was like the first puff of a +haggis, hottest at the first, and bade me stay there as long as the +weather would give me leave. They would stay in the Tarras-wood, till I +was weary of lying in the waste; and when I had had my time, and they no +whit the worse, they would play their parts, which should keep me waking +next winter. Those gentlemen of the country that came not with me, were of +the same mind; for they knew, (or thought at least,) that my force was not +sufficient to withstand the fury of the outlaws. The time I stayed at the +fort I was not idle, but cast, by all means I could, how to take them in +the great strength they were in. I found a means to send a hundred and +fifty horsemen into Scotland, (conveighed by a muffled man, not known to +any of the company,) thirty miles within Scotland; and the business was so +carried, that none in the country took any alarm at this passage. They +were quietly brought to the backside of the Tarras, to Scotland-ward. +There they divided themselves into three parts, and took up three passages +which the outlaws made themselves secure of, if from England side they +should at any time be put at. They had their scouts on the tops of hills, +on the English side, to<span class="pagenum"><a name="Page_179" id="Page_179">[Pg 179]</a></span> give them warning if at any time any power of men +should come to surprise them. The three ambushes were safely laid, without +being discovered, and, about four o’clock in the morning, there were three +hundred horse, and a thousand foot, that came directly to the place where +the scouts lay. They gave the alarm; our men broke down as fast as they +could into the wood. The outlaws thought themselves safe, assuring +themselves at any time to escape; but they were so strongly set upon on +the English side, as they were forced to leave their goods, and to betake +themselves to their passages towards Scotland. There was presently five +taken of the principal of them. The rest, seeing themselves, as they +thought, betrayed, retired into the thick woods and bogs, that our men +durst not follow them, for fear of losing themselves. The principal of the +five, that were taken, were two of the eldest sons of Sim of Whittram. +These five they brought me to the fort, and a number of goods, both of +sheep and kine, which satisfied most part of the country, that they had +stolen them from....</p> + +<p>Thus God blessed me in bringing this great trouble to so quiet an end; we +broke up our fort, and every man retired to his own house.”<small><a name="f75.1" id="f75.1" href="#f75">[75]</a></small></p> + +<p>Judging from this account, one is led to suppose that the force which Cary +had at his command was comparatively small. He tells us that he took a +list <span class="pagenum"><a name="Page_180" id="Page_180">[Pg 180]</a></span>of those that offered to go with him, and found that with his +officers, gentlemen, and servants there would be about two hundred good +men and horse; a competent number he thought for such a service. But we +find in a letter which he sent to Cecil that he speaks of having “a 1000 +horse and foot.”<small><a name="f76.1" id="f76.1" href="#f76">[76]</a></small> But whatever may have been the strength of the forces +at his command, it is quite certain that, on this occasion at least, he +proved himself more than a match for the “Lewd Liddesdales.”</p> + +<p>The tradition of this famous raid, which was long preserved in the +district, differs considerably from the account here given. “The people of +Liddesdale have retained,” says the editor of the “Border Minstrelsy,” +“the remembrance of <i>Cary’s raid</i>,” as they call it. “They tell that, +while he was besieging the outlaws in the Tarras, they contrived, by ways +known only to themselves, to send a party into England, who plundered the +warden’s lands. On their return, they sent Cary one of his own cows, +telling him that, fearing he might fall short of provisions during his +visit to Scotland, they had taken the precaution of sending him some +English beef.”</p> + +<p>The anecdote is worth preserving, as it indicates how anxious the +Liddesdale reivers were to forget one of the most unpleasant episodes in +their history, or at least to make their discomfiture appear in as +favourable a light as possible.</p> + + +<p> </p><p> </p> +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_181" id="Page_181">[Pg 181]</a></span></p> +<h2><a name="X" id="X"></a>X.</h2> +<h3>AFTER THE HUNTING.</h3> + +<table border="0" cellpadding="0" cellspacing="5" summary="X"> +<tr><td>“<i>Efter the hunting the King hanged Johnie Armstrong.</i>”</td></tr> +<tr><td><span style="margin-left: 12em;"><span class="smcap">Pitscottie.</span></span></td></tr> +<tr><td> </td></tr> +<tr><td>“Here is ane cord baith grit and lang,<br /> +<span style="margin-left: 1em;">Quhilk hangit Johne Armstrang,</span><br /> +<span style="margin-left: 1em;">Of gude hempt soft and sound,</span><br /> +Gude haly pepil, I stand ford,<br /> +Whaevir beis hangit wi’ this cord,<br /> +<span style="margin-left: 1em;">Neidis never to be drowned!”</span></td></tr> +<tr><td><span style="margin-left: 12em;"><span class="smcap">Sir David Lindsay.</span></span></td></tr></table> + +<p> </p> +<p><span class="dropfig"><img src="images/drop_w.jpg" alt="W" /></span>e have already seen that the Armstrongs were a numerous and powerful +clan, and that for a considerable period they had been known on the +Borders as “notour thieves and limmers.” They levied blackmail over a wide +district, and appropriated whatever came readiest to hand with a sublime +indifference either to neighbourhood or nationality.</p> + +<p class="poem">“They stole the beeves that made them broth<br /> +From Scotland and from England both.”</p> + +<p> </p> +<p>King James V. having succeeded in shaking himself free from the tyranny of +the Douglasses, resolved that he would “daunton” the Border thieves, by +making them feel the weight of his sword. He made an<span class="pagenum"><a name="Page_182" id="Page_182">[Pg 182]</a></span> excellent beginning. +He imprisoned the Earls of Bothwell and Home, Lord Maxwell Scott, Ker of +Ferniherst, Scott of Buccleuch, Polworth, Johnston, and Mark Ker.<small><a name="f77.1" id="f77.1" href="#f77">[77]</a></small> It +must have been quite evident to the young King, and his counsellors, that +so long as these Chiefs were at liberty it would be a bootless errand to +proceed against those who owned them allegiance. The ringleaders must +first of all be disposed of, and so they were put in ward, there to await +his Majesty’s pleasure. This measure was not devised, as some suppose, for +the purpose of crushing the nobility. It is absurd to infer that James, a +youth of seventeen, had projected a deep political plan of this nature. +The outrages which these men had committed during his minority had excited +his lively resentment, and he was determined that they should no longer +maintain bands of lawless followers at the public expense. This necessary +measure for the pacification of the Borders was wisely devised, and +promptly executed, and must have produced a deep impression, if not a +wholesome fear, in the minds of those whom it was intended to influence.</p> + +<p>It was in the month of June, 1529, that James set out for Meggatdale, +accompanied by eight thousand men, lords, barons, freeholders, and +gentlemen, all well armed, and carrying with them a month’s provisions. +The King commanded all gentlemen <span class="pagenum"><a name="Page_183" id="Page_183">[Pg 183]</a></span>that had “doggis that were guid” to +bring them with them to hunt “in the said bounds.” The Earls of Huntley, +Argyle, and Athol, brought their deerhounds with them, and hunted with his +Majesty. They came to Meggat, near St. Mary’s Loch, and, during their +short stay in this district, eighteen score of deer were slain.</p> + +<p>The tradition is that on this occasion the King captured William Cockburn +of Henderland, a famous freebooter, and hanged him over his own gate. It +is quite certain, however, that in regard to this matter the tradition is +unreliable. In “Pitcairn’s Criminal Trials” we find it stated, under date +May 26th—nearly a month before the King left Edinburgh—that “William +Cockburne of Henderland was convicted (in presence of the King) of High +Treason committed by him, in bringing Alexander Forrestare and his son, +Englishmen, to the plundering of Archibald Somervile: And for treasonably +bringing certain Englishmen to the lands of Glenquhome: And for Common +Theft, Common Reset of Theft, outputting and inputting thereof.—Sentence. +For which causes and crimes he has forfeited his life, lands, and goods, +moveable and immoveable, which shall be escheated to the +King.—Beheaded.”<small><a name="f78.1" id="f78.1" href="#f78">[78]</a></small> Such is the brief but authentic record. It +establishes beyond controversy the fact that Cockburn was apprehended, and +tried, before the King had left Edinburgh on his famous expedition. The +<span class="pagenum"><a name="Page_184" id="Page_184">[Pg 184]</a></span>tradition that he was hanged over his own gate, must therefore be set +aside.</p> + +<p>The Cockburns were an old and well-known family. One of the Scotts of +Buccleuch married a daughter of the house, which, on the principle of +heredity, may help to explain the well-known reiving propensities of some +branches of this famous clan. In “Pitcairn’s Criminal Trials,” where so +much of the ancient history of the great Border families may be read, if +not with pleasure, at least not without profit, mention is made of various +Cockburns who distinguished themselves as daring and successful +freebooters. In the old churchyard of Henderland there is still to be seen +a large slab bearing the inscription—“Here lyis Perys of Cockburne and +Hys wife Marjory.” There is no date on the tombstone, but the likelihood +is that this “Perys of Cockburne” was a descendant of the William Cockburn +whose fate we have just mentioned.</p> + +<p>But the most interesting tradition in connection with this family relates +to the well-known ballad, “The Border Widow’s Lament,” one of the most +beautiful, and certainly the most pathetic, of all the Border ballads. It +has been supposed to describe the feelings of Cockburn’s widow when her +husband was put to death by the King.</p> + +<p class="poem">“My love he built me a bonnie bower,<br /> +And clad it a’ wi’ lilye flour,<br /> +A brawer bower ye ne’er did see,<br /> +Than my true love he built for me.<br /> +<span class="pagenum"><a name="Page_185" id="Page_185">[Pg 185]</a></span><br /> +There came a man, by middle day,<br /> +He spied his sport, and went away;<br /> +And brought the King that very night,<br /> +Who brake my bower, and slew my knight.<br /> +<br /> +He slew my knight, to me sae dear;<br /> +He slew my knight, and poin’d his gear;<br /> +My servants all for life did flee,<br /> +And left me in extremitie.<br /> +<br /> +I sew’d his sheet, making my mane;<br /> +I watch’d the corpse, myself alane;<br /> +I watch’d his body, night and day;<br /> +No living creature came that way.<br /> +<br /> +I took his body on my back,<br /> +And whiles I gaed, and whiles I sat;<br /> +I digg’d a grave, and laid him in,<br /> +And happ’d him with the sod sae green.<br /> +<br /> +But think na ye my heart was sair,<br /> +When I laid the moul’ on his yellow hair;<br /> +O think na ye my heart was wae,<br /> +When I turned about, awa’ to gae?<br /> +<br /> +Nae living man I’ll love again,<br /> +Since that my lovely knight is slain;<br /> +Wi’ yae lock o’ his yellow hair,<br /> +I’ll chain my heart for evermair.”</p> + +<p> </p> +<p>This exquisite ballad has probably no connection with Cockburn of +Henderland,—we feel strongly convinced it has not,—but it is none the +less interesting, as it is a composition which can well afford to be +regarded apart altogether from its traditional associations.</p> + +<p>There is another tradition which it may be as well to notice in passing. +It is said that, after hanging Cockburn, the King proceeded to Tushielaw +to deal<span class="pagenum"><a name="Page_186" id="Page_186">[Pg 186]</a></span> in like manner with Adam Scott, well known on the Borders as “The +King of Thieves.” His castle stood on the spur of a hill opposite the +Rankleburn, on the west side of the river Ettrick, commanding a wide +out-look in almost every direction. Near it was the famous “Hanging Tree,” +which was accidentally destroyed by fire only a few years ago, where the +unlucky captives of this noted outlaw were unceremoniously suspended in +order to prevent their giving further annoyance. It is said that, on one +of the branches, a deep groove was worn by the swaying to and fro of the +fatal rope. It would have been most fitting had this cruel marauder been +put to death where so many of his victims ended their career. But in this +instance the tradition, that this actually happened, has been proved to be +without any foundation in fact. We find in “Pitcairn” an account of Adam +Scott’s trial and execution in Edinburgh. On the 18th May, 1529—just two +days after Cockburn had “justified the law”—“Adam Scott of Tuschilaw was +Convicted of art and part of theftuously taking <i>Black-maill</i>, from the +time of his entry within the Castle of Edinburgh, in Ward, from John +Brown, Hoprow: And of art and part of theftuously taking <i>Black-maill</i> +from Andrew Thorbrand and William, his brother: And of art and part of +theftuously taking of <i>Black-maill</i> from the poor Tenants of Hopcailzow: +And of art and part of theftuously taking <i>Blackmaill</i>, from the<span class="pagenum"><a name="Page_187" id="Page_187">[Pg 187]</a></span> poor +Tenants of Eschescheill.” Then follows the significant +word—“Beheaded.”<small><a name="f79.1" id="f79.1" href="#f79">[79]</a></small></p> + +<p>The King, therefore, when he passed the castle of Tushielaw with his +retinue, on his way to Teviotdale to meet Johnie Armstrong, must have had +the satisfaction of knowing that Adam Scott had gone “where the wicked +cease from troubling.”</p> + +<p>He had sent a loving letter, written with “his ain hand sae tenderly,” to +the laird of Gilnockie, requesting him to meet his “liege lord” at a place +called Carlenrig on the Teviot, some nine miles above Hawick. Various +accounts have been given by historians, both ancient and modern, as to the +means adopted by the King to bring about Armstrong’s capture and +execution. Leslie, for example, informs us that “all this summer the King +took great care to pacify the Borders with a great army, and caused +forty-eight of the most noble thieves, with Johnie Armstrong, their +captain, to be taken and hanged on growing trees.” He says that “George +Armstrong, brother of the said Johnie, was pardoned and reserved alive, +<i>to tell on the rest</i>, which he did, and in course of time they were +apprehended by the King, and punished according to their deserts.”<small><a name="f80.1" id="f80.1" href="#f80">[80]</a></small> +Pinkerton, who evidently bases his account largely on the information +supplied by Leslie, enters more fully into particulars. He alleges that +“by the assistance of George, his brother, who <span class="pagenum"><a name="Page_188" id="Page_188">[Pg 188]</a></span>was pardoned on condition +of betraying the others, John Armstrong, the chief of the name, whose +robberies had elevated him to opulence and power, was captured and +suffered the fate of a felon.”<small><a name="f81.1" id="f81.1" href="#f81">[81]</a></small> These statements, definite though they +are, ought not to be lightly accepted, as the strongest reasons may be +advanced against this supposition. In the first place, we ought to +remember that, however many sins and shortcomings the Border reivers may +be accused of, breach of faith can hardly be reckoned one of them. +“Hector’s Cloak” was a phrase of peculiar opprobrium. It was regarded as +the symbol of meanness and perfidy. That this one instance of betrayal +should have been so long remembered, and so thoroughly detested, is an +unmistakable indication that the Border thieves, bad as they were in many +respects, were not without a high sense of honour in matters of this kind. +It is hardly conceivable, therefore, that Armstrong’s brother could have +been guilty of his betrayal. Strong proof would require to be forthcoming +in support of such a statement; and this is precisely what the historians +do not give us.</p> + +<p>But there are other and more cogent arguments against this view. George +Armstrong was under no necessity of betraying his brother in order to save +himself. He could easily have escaped had he been minded to do so. The +King’s authority did not <span class="pagenum"><a name="Page_189" id="Page_189">[Pg 189]</a></span>extend beyond the Scottish Border. It is morally +certain, had Armstrong and his friends ever suspected that James would +have treated them as he did, they would either have taken refuge in their +own strongholds and defied him, or crossed the Border into England, where +they would have been comparatively safe from pursuit. That they did +neither, but voluntarily came before the King, is strong evidence in +favour of the supposition that they were enticed by fair promises to place +themselves within his power. The very fact that Armstrong neither sought +nor obtained a safe conduct goes to prove that he had the most implicit +confidence in the clemency, if not the goodwill, of his sovereign. There +was no betrayal on the part of anyone, save the King himself. This is +clearly brought to view in the peculiarly graphic and fascinating account +which “Pitscottie” has given of this memorable incident. He says:—“Efter +this hunting the King hanged Johnie Armstrong, laird of Gilnockie, quhilk +monie Scottis man heavilie lamented, for he was ane doubtit man, and als +guid are chiftane as ever was upon the borderis, aither of Scotland or of +England. And albeit he was ane lous leivand man, and sustained the number +of xxiiij. weill horsed able gentlemen with him, yitt he nevir molested no +Scottis man. Bot it is said, from the Scottis border to Newcastle of +England, thair was not ane of quhatsoevir estate bot payed to this John +Armstrong<span class="pagenum"><a name="Page_190" id="Page_190">[Pg 190]</a></span> ane tribut to be frie of his cumber, he was sae doubtit in +England. So when he entred in befoir the King, he cam verie reverentlie, +with his foresaid number verie richlie apparrelled, trusting, that in +respect he had cum to the Kingis grace willinglie and voluntarilie, not +being tain nor apprehendit be the King, he sould obtaine the mair favour. +Bot when the King saw him and his men so gorgeous in their apparrell, and +so many braw men under ane tirrantis commandement, throwardlie, he turned +about his face, and bad tak that tirrant out of his sight, saying, ‘Quhat +wantis yon knave that a King should have.’ But when Johnie Armstronge +perceaved that the King kindled in ane furie againes him, and had no hope +of his lyff, notwithstanding of many great and fair offeris, quhilk he +offerred to the King, that is, that he sould sustene himself with fourtie +gentlemen, ever readie to awaitt upon his majestie’s service, and never +tak a pennie of Scotland, nor Scottis man. Secondlie, that there was not +ane subject in England, duik, earle, lorde, or barrun, bot within ane +certane day he sould bring ony of them to his majesty, either quick or +dead. He seing no hope of the Kingis favour towards him, said verrie +proudlie, ‘I am bot ane fooll to seik grace at ane graceles face. But had +I knawin, sir, that ye wad have taken my lyff this day, I sould have leved +upon the borderis in disphyte of King Harie and yow baith; for I knaw King +Harie wold doun weigh my<span class="pagenum"><a name="Page_191" id="Page_191">[Pg 191]</a></span> best hors with gold to knaw that I were +condemned to die this day.’ So he was led to the scaffold, and he and his +men hanged. This being done, the King returned to Edinburgh, the xxiiij. +day of July, and remained meikle of that winter in Edinburgh.”<small><a name="f82.1" id="f82.1" href="#f82">[82]</a></small></p> + +<p>This interesting and picturesque account is corroborated by another +historian, who says: “On the eighth of June the principalls of all the +surnames of the clannes on the Borders came to the King upon hope of a +proclamation proclaimed in the King’s name that they sould all get their +lyves, if they would come in and submit themselves to the King’s will, and +so upon this hope Johnie Armstrang, who keipit the castle of Langhame (a +brother of the laird of Mangerton’s, a great thieff and oppressor, and one +that keiped still with him four-and-twenty well-horsed men), came to the +King, and another called Ill Will Armstrong, another stark thieff, with +sundrie of the Scotts and Elliotts, came all forward to the campe where +the King was in hopes to get their pardons. But no sooner did the King +persave them, an that they were cum afarre off, when direction was given +presentlie to enclose them round about, the which was done accordinglie, +and were all apprehendit, to the number of threttie fyve persons, and at a +place called Carlaverocke<small><a name="f83.1" id="f83.1" href="#f83">[83]</a></small> Cheapell, were all committed to the +<span class="pagenum"><a name="Page_192" id="Page_192">[Pg 192]</a></span>gallowes. One Sandy Scot, a prowd thieff, was brunt because it was provin +that he haid brunt a pure widowes house, together with sum of her +children. The English people were exceeding glade when they understood +that John Armstrang was executed, for he did great robberies and stealing +in England, menteaning 24 men in houshold evorie day upon rieff and +oppression. The rest delyvered pledges for their good demeanare in tymes +to cum.”<small><a name="f84.1" id="f84.1" href="#f84">[84]</a></small></p> + +<p>There can be little doubt that Armstrong was cruelly betrayed, not by his +brother, but by the King—a circumstance which seriously reflects on his +honour and good name.</p> + +<p>The suggestion has been made that this expedition against the laird of +Gilnockie was undertaken by James at the instigation of Lord Maxwell, who +was then a ward in Edinburgh. It is certainly a somewhat suspicious +circumstance that three days after Armstrong’s execution Maxwell received +from the King the gift of all the property, moveable and immoveable, which +pertained to “umquhill Johne Armstrang, bruther to Thomas Armstrang of +Mayngerton, and now perteining to our souverane lord be reason of eschete +throw justefying of the said umquhill Johnie to the deid for thift +committed be him.”<small><a name="f85.1" id="f85.1" href="#f85">[85]</a></small></p> + +<p>As might be expected, when all the circumstances <span class="pagenum"><a name="Page_193" id="Page_193">[Pg 193]</a></span>were taken into +consideration, the execution of Armstrong and his followers produced a +profound sensation, and a deep and bitter feeling of resentment. It was +long believed by the peasantry of the district that, to mark the injustice +of the deed, the trees on which they were hanged, withered away. On purely +abstract grounds it may be argued that Armstrong and his men richly +deserved the punishment meted out to them, but this fact does not +exonerate the King from the charge of treachery and deceit which has +justly been brought against him. The measures he adopted to capture the +quarry were unworthy of a puissant monarch with eight thousand well armed +men under his command. He might well have paid more respect to the +principles of honour and fair play.</p> + +<p>It is interesting to find that the version of Armstrong’s capture and +execution given in the famous ballad agrees substantially with the +accounts of Pitscottie and Anderson. There, we are told, that the King +sent a “loving letter” to Armstrong, inviting him to a conference.</p> + +<p class="poem">The King he wrytes a luving letter,<br /> +<span style="margin-left: 1em;">With his ain hand sae tenderly,</span><br /> +And he hath sent it to Johnie Armstrang,<br /> +<span style="margin-left: 1em;">To cum and speik with him speedily.</span></p> + +<p> </p> +<p>This communication evidently excited no suspicion, and extensive +preparations were at once made to extend to his Majesty a kind and hearty +welcome. It<span class="pagenum"><a name="Page_194" id="Page_194">[Pg 194]</a></span> was even hoped that he might be induced to dine at Gilnockie!</p> + +<p class="poem">The Eliots and Armstrangs did convene;<br /> +<span style="margin-left: 1em;">They were a gallant cumpanie—</span><br /> +“We’ll ride and meet our lawful King,<br /> +<span style="margin-left: 1em;">And bring him safe to Gilnockie.</span><br /> +<br /> +“Make kinnen<small><a name="f86.1" id="f86.1" href="#f86">[86]</a></small> and capon ready, then,<br /> +<span style="margin-left: 1em;">And venison in great plentie;</span><br /> +We’ll welcum here our royal King;<br /> +<span style="margin-left: 1em;">I hope he’ll dine at Gilnockie!”</span><br /> +<br /> +They ran their horse on the Langholme howm,<br /> +<span style="margin-left: 1em;">And brak their spears wi’ mickle main;</span><br /> +The ladies lukit frae their lofty windows—<br /> +<span style="margin-left: 1em;">“God bring our men weel hame again!”</span><br /> +<br /> +When Johnie cam before the King,<br /> +<span style="margin-left: 1em;">Wi’ a’ his men sae brave to see,</span><br /> +The King he movit his bonnet to him;<br /> +<span style="margin-left: 1em;">He ween’d he was a King as well as he.</span></p> + +<p>According to the balladist, it would seem that Armstrong’s ruin was +brought about by the princely style in which he appeared before his +sovereign. The King, highly displeased, turned away his head, and +exclaimed—</p> + +<p class="poem">“Away, away, thou traitor strang!<br /> +<span style="margin-left: 1em;">Out o’ my sight soon mayst thou be!</span><br /> +I grantit never a traitor’s life,<br /> +<span style="margin-left: 1em;">And now I’ll not begin wi’ thee.”</span></p> + +<p>This unexpected outburst of indignation led Armstrong at once to realise +the perilous position in which he found himself placed. He now felt that, +if his life was to be spared, he must use every means in his power to +<span class="pagenum"><a name="Page_195" id="Page_195">[Pg 195]</a></span>move the King to clemency. Consequently he promised to give him +“four-and-twenty milk white steeds,” with as much good English gold “as +four of their braid backs dow<small><a name="f87.1" id="f87.1" href="#f87">[87]</a></small> bear;” “<ins class="correction" title="original reads 'fourand'">four-and</ins>-twenty ganging mills,” +and “four-and-twenty sisters’ sons” to fight for him; but all these +tempting offers were refused with disdain. As a last resource, he said—</p> + +<p class="poem">“Grant me my life, my liege, my King!<br /> +<span style="margin-left: 1em;">And a brave gift I’ll gie to thee—</span><br /> +All between here and Newcastle town<br /> +<span style="margin-left: 1em;">Sall pay their yeirly rent to thee.”</span></p> + +<p>This was no idle boast. So powerful had Armstrong become that, it is said, +he levied black-mail—(which is only another form of the word +“<i>black-meal</i>,” so-called from the conditions under which it was +exacted)—over the greater part of Northumberland. But even the prospect +of increasing his revenue by accepting this tribute was not sufficient to +turn the King aside from his purpose. He was bent on Armstrong’s +destruction, a fact which now became painfully evident to the eloquent and +generous suppliant. Enraged at the baseness of the King, he turned upon +him and gave vent to the pent up feelings of his heart—</p> + +<p class="poem">“Ye lied, ye lied, now King,” he says,<br /> +<span style="margin-left: 1em;">“Altho’ a King and Prince ye be!</span><br /> +For I’ve luved naething in my life,<br /> +<span style="margin-left: 1em;">I weel dare say it, but honesty—</span><br /> +<span class="pagenum"><a name="Page_196" id="Page_196">[Pg 196]</a></span><br /> +“Save a fat horse, and fair woman,<br /> +<span style="margin-left: 1em;">Twa bonny dogs to kill a deir,</span><br /> +But England suld have found me meal and mault,<br /> +<span style="margin-left: 1em;">Gif I had lived this hundred yeir!</span><br /> +<br /> +“She suld have found me meal and mault,<br /> +<span style="margin-left: 1em;">And beef and mutton in a’ plentie;</span><br /> +But never a Scots wyfe could have said,<br /> +<span style="margin-left: 1em;">That e’er I skaith’d her a puir flee.</span><br /> +<br /> +“To seik het water beneith cauld ice,<br /> +<span style="margin-left: 1em;">Surely it is a greit folie—</span><br /> +I have asked grace at a graceless face,<br /> +<span style="margin-left: 1em;">But there is nane for my men and me!<small><a name="f88.1" id="f88.1" href="#f88">[88]</a></small></span><br /> +<br /> +“But had I kenn’d ere I cam frae hame,<br /> +<span style="margin-left: 1em;">How thou unkind wadst been to me!</span><br /> +I wad have keepit the Border side,<br /> +<span style="margin-left: 1em;">In spite of all thy force and thee.</span><br /> +<br /> +“Wist England’s King that I was ta’en,<br /> +<span style="margin-left: 1em;">O gin a blythe man he wad be!</span><br /> +For anes I slew his sister’s son,<br /> +<span style="margin-left: 1em;">And on his briest bane brak a trie.”</span></p> + +<p>The balladist then proceeds to give a minute description of the dress worn +by the redoubtable freebooter on this occasion—of his girdle, embroidered +and bespangled with gold, and his hat, with its nine targets or tassels, +each worth three hundred pounds. All that he needed to make him a king was +“the sword of honour and the crown.” But nothing can now avail.</p> + +<p class="poem">“Farewell! my bonny Gilnock hall,<br /> +<span style="margin-left: 1em;">Where on Esk side thou standest stout!</span><br /> +Gif I had lived but seven yeirs mair,<br /> +<span style="margin-left: 1em;">I wad hae gilt thee round about.”</span><br /> +<span class="pagenum"><a name="Page_197" id="Page_197">[Pg 197]</a></span><br /> +John murdered was at Carlinrigg,<br /> +<span style="margin-left: 1em;">And all his gallant companie;</span><br /> +But Scotland’s heart was ne’er sae wae,<br /> +<span style="margin-left: 1em;">To see sae mony brave men die.</span></p> + +<p> </p> +<p>It was a foul deed, foully done. The King was no doubt determined, as it +is said, to “make the rush bush keep the cow,” and perhaps to a certain +extent he succeeded, as some time after this, Andrew Bell kept ten +thousand sheep in Ettrick Forest, and they were as safe as if they had +been pasturing in Fife or the Lothians. But the murder of Armstrong in no +way daunted the other members of that notable clan. Many of them took +refuge on the English side of the Border, and for years waged a successful +predatory warfare against their <i>quondam</i> Scottish neighbours. In 1535, +for example, we find that “Christopher Armstrong, Archibald his son, +Ingram Armstrong, Railtoun, Robert and Archibald Armstrong there, John +Elwald, called <i>Lewis John</i>, William, son of Alexander Elwald, and Robert +Carutheris, servants to the laird of Mangerton; John Forrestare, called +<i>Schaikbuklar</i>, Ninian Gray his servant, Thomas Armstrong in Greneschelis, +<i>Lang Penman</i>, servant of one called <i>Dikkis Will</i>. Thomas Armstrong of +Mangerton, and Symeon Armstrong, called <i>Sim the Larde</i>” and several +others, were denounced rebels, and their whole goods escheated for not +underlying the law for having stolen from John Cockburn of Ormiston +seventy “drawand oxen” and thirty cows; and for art and part of<span class="pagenum"><a name="Page_198" id="Page_198">[Pg 198]</a></span> +traitorously taking and carrying off three men-servants of the said John, +being the keepers of the said castle, and “detaining them against their +will for a certain space;” and further “for art and part of the Stouthreif +from them of their clothes, whingars, purses and certain money +therein.”<small><a name="f89.1" id="f89.1" href="#f89">[89]</a></small> Indeed the depredations of the clan after the execution of +Gilnockie were on the most extensive scale. On the 21st February, 1536, +Symon Armstrong was “convicted of art and part of the theft and +concealment of two oxen from the laird of Ormistone, furth of the lands of +Craik, and a black mare from Robert Scott of Howpaslot, furth of the lands +of Wolcleuche; committed during the time he was in the King’s ward, about +Lammas 1535. <i>Item</i>, of art and part of the theft and concealment of five +score of cows and oxen from the said laird of Ormistone, stolen furth of +the said lands of Craik; committed by <i>Evil-willit Sandie</i>, and his +accomplices, in company with Thomas Armstrong, <i>alias Greneschelis</i>, and +Robert Carutheris, servants of the said Symon, and certain Englishmen, at +his command, common Thieves and Traitors, on July 27, 1535. <i>Item</i>, of art +and part of the traitorous <i>Fire-raising</i> and <i>Burning of the Town of +Howpaslot</i>; And of art and part of the Theft and Concealment the same time +of sixty cows and oxen belonging to Robert Scott of Howpaslot <span class="pagenum"><a name="Page_199" id="Page_199">[Pg 199]</a></span>and his +servants; committed by Alexander Armstrong, in company with Robert +Henderson, <i>alias Cheyswame</i>,<small><a name="f90.1" id="f90.1" href="#f90">[90]</a></small> Thomas Armstrong, <i>alias</i> Grenescheles, +his servants, and their accomplices, common Thieves and Traitors, of his +causing and assistance, during the time he was within the King’s ward, +upon October 28, 1535. <i>Item</i>, of art and part of the theft and +concealment of certain sheep from John Hope and John Hall, the King’s +shepherds, furth of the lands of Braidlee in the Forest; committed during +the time he was within the said ward. <i>Item</i>, for art and part of the +treasonable assistance given to Alexander Armestrang, called <i>Evil-willit +Sandy</i>, a sworn Englishman, and sundry other Englishmen his accomplices, +of the names of Armestrangis, Niksounis, and Crosaris, in their +treasonable acts. <span class="smcap">Sentence</span>—To be drawn to the gallows and <span class="smcap">Hanged</span> +thereupon: And that he shall forfeit his life, lands, possessions, and all +his goods, moveable and immoveable, to the King, to be disposed of at his +pleasure.”<small><a name="f91.1" id="f91.1" href="#f91">[91]</a></small> In the following month John Armstrong, <i>alias Jony of +Gutterholes</i>, and Christopher Henderson were hanged for “Common Herschip +and Stouthreif, Murder and Fire-raising.” These items give but a faint +idea of the extent to which the Armstrongs carried on their depredations.</p> + +<p>But, perhaps, a still more serious result of the unwise policy adopted by +James in his treatment of the <span class="pagenum"><a name="Page_200" id="Page_200">[Pg 200]</a></span>Armstrongs, was the destruction of that +feeling of loyalty to the Scottish Crown, which had hitherto been, in some +measure at least, a characteristic of the Borderers. Henceforth not only +the Armstrongs, but many others besides, were ready to place their arms +and their lives at the service of the English government, and to take part +with their ancient foes in oppressing and despoiling their own countrymen. +In the battle of Ancrum Moor in 1546, there was a considerable contingent +of Scottish Borderers fighting under the standard of Lord Eure, and it was +only after the tide of war had turned in favour of the Scots that they +threw away the badge of foreign servitude and helped to complete the +victory. It maybe said that in acting thus they were moved simply by +considerations of personal advantage. Be this as it may, the incident +clearly shows that their attachment to King and country had been all but +completely destroyed. Had James acted with ordinary discretion and +foresight he might at once have secured the end he had in view, and at the +same time have won over to his side, and to the side of law and order, a +body of men whose crimes were due rather to the peculiarity of their +circumstances than to their own inherently evil dispositions. He had a +great opportunity, but he failed conspicuously to take advantage of it. He +learned, when it was too late, that force, when not wisely applied, may +produce greater evils than those it seeks to remedy.</p> + + +<p> </p><p> </p> +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_201" id="Page_201">[Pg 201]</a></span></p> +<h2><a name="XI" id="XI"></a>XI.</h2> +<h3>THE CORBIE’S NEST.</h3> + +<table border="0" cellpadding="0" cellspacing="5" summary="XI"> +<tr><td>“Where are ye gaun, ye mason lads,<br /> +<span style="margin-left: 1em;">Wi’ a’ your ladders, lang and hie?”</span><br /> +“We gang to berry a corbie’s nest<br /> +That wons not far frae Woodhouselee.”</td></tr> +<tr><td><span style="margin-left: 10em;"><span class="smcap">Kinmont Willie.</span></span></td></tr></table> + +<p> </p> +<p><span class="dropfig"><img src="images/drop_t.jpg" alt="T" /></span>he incidents in the predatory warfare so long carried on by the dwellers +on both sides of the Border were not all of a painful or tragic character. +The spirit of fun sometimes predominated over the more selfish and +aggressive instincts. There was a grim kind of humour characteristic of +the Border reiver. He certainly was not disposed to laugh on the slightest +provocation,—his calling was much too serious for that,—but when he once +relaxed, his mirth was not easily controlled. And, however degrading his +occupation may have been in its general tendency, there was often +displayed among the Border thieves, even among the very worst of them, a +spirit of the most splendid heroism, which helps to redeem the system from +the general contempt in which it is regarded by the moralist of modern +times. Many of the leaders were not only men of undaunted courage,<span class="pagenum"><a name="Page_202" id="Page_202">[Pg 202]</a></span> but of +considerable military genius. In a later age, under other and happier +conditions, they would have won renown on many a well-fought battlefield. +They possessed the qualities, physical and moral, of which great soldiers +are made. The Bold Buccleuch, Little Jock Elliot, Johnie Armstrong of +Gilnockie, and his kinsman, Willie of Kinmont—not to mention other names +which readily occur to the mind in this connection—were men dowered by +nature with great courage and resource. They were strong of arm and +dauntless of heart. We do not seek to justify their deeds. These were +reprehensible enough, judged by almost any standard you may apply to them. +But just as some people find it impossible to smother a certain sneaking +kind of admiration of the Devil, so magnificently delineated in Milton’s +“Paradise Lost”—a being who seems possessed of almost every quality save +that of consecrating his varied endowment to worthy ends—so in like +manner it is difficult to withhold a certain meed of admiration for some +of the “nobil thieves” whose names stand out prominently in, if they +cannot always be said to adorn, this long chapter of Border history. They +were undoubtedly men of ability, energy, and force of character, who would +have won their spurs in almost any contest into which they had chosen to +enter.</p> + +<p>One of the most notable of this band was the famous Kinmont Willie, +renowned in Border song and story. He was an Armstrong, a descendant of<span class="pagenum"><a name="Page_203" id="Page_203">[Pg 203]</a></span> +the laird of Gilnockie, whom James VI. put to death at Carlinrig in such +graceless fashion. He, like all his race, was a notorious freebooter. The +English Border, more especially the West and Middle Marches, suffered much +at his hands. He had a large and well armed following, and conducted his +marauding expeditions with an intrepidity and skill which created a +feeling of dismay among the subjects of his oppression. Nor did it matter +much to him where, or on whom, he raided. The King’s treachery at +Carlinrig had destroyed—at least so far as the Armstrongs and their +friends were concerned—the last lingering spark of patriotism. Their hand +was now turned against every man, English and Scottish alike. They had +become pariahs, outcasts, whose only ambition was revenge. But bad as +Kinmont was, and his record is of the worst, it might be said of him, as +it was said of one of the greatest and best men Scotland has ever +produced, that “he never feared the face of man.” He was always to the +front, dealing out hard blows; courting danger, but never dreaming of +defeat. He cared as little for the warden as for the meanest and most +defenceless subject of the realm. Scrope tells us, for example, that on +one occasion “certain goods were stolen by Scottish men from one of the +Johnstones, a kinsman of the laird Johnstone being warden, whereupon the +fray arose, and the warden himself, with his company and friends, pursued +the same. But Kinmont<span class="pagenum"><a name="Page_204" id="Page_204">[Pg 204]</a></span> and his complices being in the way to resist them, +the warden and his company returned again to Annand, the which he taketh +in very yll parts.”<small><a name="f92.1" id="f92.1" href="#f92">[92]</a></small></p> + +<p>It was no doubt a sore point with the warden that he should be thus +interfered with in this masterful fashion, and one can readily sympathise +with him in his chagrin. Such an incident shows that Kinmont and his +friends were in a position to set the constituted authorities at defiance, +and conduct their reiving “without let or hindrance.” The warden, however, +was not altogether free from blame for this state of matters. He seems to +have given the thieves every encouragement as long as they confined their +depredations to the English Border. Scrope, in a letter to Walsingham, +informs him that “as well in the tyme of my being with you, as also synce +my return home, manye and almost nightlie attemptates have been committed +in Bewcastle and elsewhere within this wardenrie, as well by the +Liddesdales as also by the West Wardenrie of Scotland, specially Kinmont, +his sonnes and complices; who ... are nevertheless at their pleasure +conversaunte and in company with the warden, and no part reprehended for +their doynges.” Hunsdon, another English warden, even goes the length of +suggesting that the King himself (James VI.) privately encouraged Kinmont +in his <span class="pagenum"><a name="Page_205" id="Page_205">[Pg 205]</a></span>evil doing. He says that four hundred horse came to “Hawden +brigges,” and took up the town and burned divers houses, whereat the King +was very angry, “because it was done there—for he would have had it to be +done in some part of my wardenry. Since the taking up of Hawden brigg, +Will of Kinmont, who was the principal man who was at it, hath been with +the King in his cabinet above an hour, and at his departure the King gave +him 100 crowns, as littell as he hath. What justis wee are to looke for +att the King’s hands lett her Majestie judge!”<small><a name="f93.1" id="f93.1" href="#f93">[93]</a></small></p> + +<p>Thus encouraged by the warden and the King, it is not to be wondered at +that Kinmont should have thrown himself with great enthusiasm into the +work of harassing and plundering all who came within his power.</p> + +<p>But his name might have remained in comparative obscurity, notwithstanding +his depredations, had it not been for an extraordinary incident which +occurred, and for which he was in no way directly responsible.</p> + +<p>The dramatist has said that some men are born great, and that others have +greatness thrust upon them. We are not prepared to say that only the +latter part of the statement applies to the subject of our sketch, for, +despite his evil-doing, Kinmont was a man of much natural ability—ability +amounting almost <span class="pagenum"><a name="Page_206" id="Page_206">[Pg 206]</a></span>to genius. But that he had “greatness thrust upon him” +will be readily conceded. His name will always remain associated with one +of the most thrilling incidents in Border history. The circumstance which +made him famous was this. He had been present at Dayholm, near +Kershopefoot, on the occasion of a day of truce, in the month of March, in +the year 1596. The business which called them together having been +finished, he was returning home, accompanied by a few of his friends, +along the banks of the Liddle, when he was suddenly attacked by a body of +two hundred English Borderers, led by Salkeld, the deputy of Lord Scrope, +the warden of the East March, chased for some miles, captured, tied to the +body of his horse and thus carried in triumph to Carlisle castle.</p> + +<p class="poem">They band his legs beneath the steed,<br /> +<span style="margin-left: 1em;">They tied his hands behind his back;</span><br /> +They guarded him, fivesome on each side,<br /> +<span style="margin-left: 1em;">And they brought him ower the Liddel-rack.</span><br /> +<br /> +They led him thro’ the Liddel-rack,<br /> +<span style="margin-left: 1em;">And also through the Carlisle sands;</span><br /> +They brought him to Carlisle castell,<br /> +<span style="margin-left: 1em;">To be at my Lord Scrope’s commands.</span></p> + +<p>This proceeding was clearly in direct violation of Border law, which +guaranteed freedom from molestation to all who might be present at a +warden court, or day of truce, betwixt sunrise on the one day and sunrise +on the next. We can easily understand the overmastering desire of the +warden’s deputy to lay<span class="pagenum"><a name="Page_207" id="Page_207">[Pg 207]</a></span> Kinmont “by the heels,” as he had long been +notorious for his depredations on the English Border, but it is incumbent +on the representatives of the law that they should honour it in their own +persons, and, however many crimes might be laid to the charge of the +famous freebooter, he was justly entitled to enjoy the freedom, which a +wise legal provision had secured, even to the greatest offenders. The +excuse given by Scrope for this manifest breach of Border law is an +exceedingly lame one. He says:—“How Kinmont was taken will appear by the +attestations of his takers, which, if true, ‘it is held that Kinmont did +thereby break the assurance that daye taken, and for his offences ought to +be delivered to the officer against whom he offended, to be punished +according to discretion.’ Another reason for detaining him is his +notorious enmity to this office, and the many outrages lately done by his +followers. He appertains not to Buccleuch, but dwells out of his office, +and was also taken beyond the limits of his charge, so Buccleuch makes the +matter a mere pretext to defer justice, ‘and do further indignities.’”<small><a name="f94.1" id="f94.1" href="#f94">[94]</a></small></p> + +<p>That Kinmont had broken the assurance taken at the warden court is an +assertion in support of which neither has “takers,” nor Scrope give a +scintilla of proof. Had such a thing really happened, there <span class="pagenum"><a name="Page_208" id="Page_208">[Pg 208]</a></span>surely would +have been no difficulty in establishing the fact; but this is not done, or +even attempted to be done, by those whose interest it was to prove the +accusation up to the hilt. The other reasons adduced for this +unwarrantable proceeding will not bear serious consideration. That Kinmont +bore no goodwill to Scrope or those associated with him in his office, may +be taken for granted; and that he and his friends and associates had been +guilty of many outrages on the English Border, goes without saying. But a +slight examination of the excuses will be sufficient to show that they are +mere subterfuges. The point in dispute is carefully left out of view by +the English warden. No doubt Kinmont richly deserved to suffer the utmost +penalty of the law on the ground of his misdemeanours; but he had been +present at the warden court, where he would never have gone had he not +felt sure that he was amply protected from arrest by the law to which we +have referred. It may be said that nearly every man present on that +occasion, irrespective of nationality, might have been apprehended on the +same general grounds. To use an expressive Scottish phrase—“they were all +tarred with the same stick.” It was therefore a direct violation, not only +of the spirit, but of the letter of Border law, for Salkeld to take +Kinmont prisoner. Scrope was clearly in the wrong—a fact of which he +himself seems dimly conscious—as he displayed an amount<span class="pagenum"><a name="Page_209" id="Page_209">[Pg 209]</a></span> of temper and +irritability in dealing with the case which seemed to indicate that he +felt the weakness of his position. On the other hand, the “rank reiver,” +who had been thus suddenly and unceremoniously “clapped in jail,” accepted +the situation with a singular amount of philosophical indifference. He +felt sure that the deed would not go unavenged, that his friends, and he +had many of them, would leave no stone unturned in order to effect his +release. The balladist finely represents him as saying—</p> + +<p class="poem">My hands are tied, but my tongue is free,<br /> +<span style="margin-left: 1em;">And whae will dare this deed avow?</span><br /> +Or answer by the Border law?<br /> +<span style="margin-left: 1em;">Or answer to the bold Buccleuch?</span><br /> +<br /> +“Now haud thy tongue, thou rank reiver!<br /> +<span style="margin-left: 1em;">There’s never a Scot shall set thee free;</span><br /> +Before ye cross my castle yate,<br /> +<span style="margin-left: 1em;">I vow ye shall take farewell o’ me.”</span><br /> +<br /> +“Fear na ye that, my lord,” quo’ Willie;<br /> +<span style="margin-left: 1em;">“By the faith o’ my body, Lord Scroope,” he said,</span><br /> +“I never yet lodged in hostelrie,<br /> +<span style="margin-left: 1em;">But I paid my lawing before I gaed.”</span></p> + +<p>An account of what had happened was speedily conveyed to Branxholme, where +<ins class="correction" title="original reads 'the the'">the</ins> Bold Buccleuch was residing. When he heard what had occurred he was +highly indignant. The picture drawn by the balladist is graphic in the +extreme. For intense realism it has rarely ever been surpassed—</p> + +<p class="poem">He has ta’en the table wi’ his hand,<br /> +<span style="margin-left: 1em;">He garr’d the red wine spring on hie—</span><br /> +“Now Christ’s curse on my head,” he said,<br /> +<span style="margin-left: 1em;">But avenged on Lord Scroope I’ll be!</span><br /> +<span class="pagenum"><a name="Page_210" id="Page_210">[Pg 210]</a></span><br /> +“O is my basnet a widow’s curch?<br /> +<span style="margin-left: 1em;">Or my lance a wand o’ the willow-tree?</span><br /> +Or my arm a ladye’s lilye hand,<br /> +<span style="margin-left: 1em;">That an English lord should lightly me!</span><br /> +<br /> +“And have they ta’en him, Kinmont Willie,<br /> +<span style="margin-left: 1em;">Against the truce of Border tide?</span><br /> +And forgotten that the bauld Buccleuch<br /> +<span style="margin-left: 1em;">Is Keeper here on the Scottish side?</span><br /> +<br /> +“And have they e’en ta’en him, Kinmont Willie,<br /> +<span style="margin-left: 1em;">Withouten either dread or fear?</span><br /> +And forgotten that the bold Buccleuch<br /> +<span style="margin-left: 1em;">Can back a steed, or shake a spear?</span><br /> +<br /> +“O were there war between the lands,<br /> +<span style="margin-left: 1em;">As well I wot that there is none,</span><br /> +I would slight Carlisle castell high,<br /> +<span style="margin-left: 1em;">Though it were builded of marble stone.</span><br /> +<br /> +“I would set that castell in a low,<br /> +<span style="margin-left: 1em;">And sloken it with English blood!</span><br /> +There’s never a man in Cumberland,<br /> +<span style="margin-left: 1em;">Should ken where Carlisle castell stood.</span><br /> +<br /> +“But since nae war’s between the lands,<br /> +<span style="margin-left: 1em;">And there is peace, and peace should be;</span><br /> +I’ll neither harm English lad or lass,<br /> +<span style="margin-left: 1em;">And yet the Kinmont freed shall be!”</span></p> + +<p>Before resorting to extreme measures Buccleuch did everything in his power +to bring about an amicable settlement of the case. He first of all applied +to Salkeld for redress; but Salkeld could only refer him to Lord Scrope, +who declared that Kinmont was such a notorious malefactor that he could +not release him without the express command of Queen Elizabeth. Buccleuch +then brought the matter under the consideration of James, who made an +application through<span class="pagenum"><a name="Page_211" id="Page_211">[Pg 211]</a></span> an ambassador, for Kinmont’s release; but this also +proved unavailing.</p> + +<p>It looked as if the imprisoned freebooter was likely to pay his “lodging +mail” in a very unpleasant fashion. The English government seemed +determined to detain him until such times as they could conveniently put a +period to his career by hanging him on Haribee hill. But Buccleuch, while +anxious to effect his purpose, if possible by constitutional means, was +determined that Kinmont should be rescued, whatever might be the method he +was under the necessity of adopting. To accomplish his purpose he was +prepared to “set the castle in a low, and sloken it with English blood.” +This threat was regarded as a mere piece of bravado. The castle was +strongly garrisoned and well fortified. It was in the centre of a populous +and hostile city, and under the command of Scrope, who was regarded as one +of the bravest soldiers in England. The Bold Buccleuch, however, was not +easily daunted. He had a strong arm and a brave heart, and he knew that he +could summon to his aid a small band of followers as brave and resolute as +himself. On a dark tempestuous night, two hundred of his bravest followers +met him at the tower of Morton, a fortalice in the Debatable land, on the +water of Sark, some ten miles or so from Carlisle. Their plans had been +carefully considered and determined upon a day or two before, when they +had met at a horse race near Langholm. The<span class="pagenum"><a name="Page_212" id="Page_212">[Pg 212]</a></span> Armstrongs, of course, were +ready to adventure their lives in such a laudable undertaking, and the +Græmes, to whom Will of Kinmont was related by marriage, were also forward +with promises of assistance. They were all well mounted—</p> + +<p class="poem">With spur on heel, and splent on spauld,<br /> +And gleuves of green, and feathers blue—</p> + +<p>and carried with them scaling ladders and crowbars, hand-picks and axes, +prepared to take the castle by storm. The rain had been falling heavily, +and the Esk and the Eden were in roaring flood, but boldly plunging +through their turbid waters they soon came within sight of the “Corbie’s +Nest” which they had come to “herry,” and—</p> + +<p class="poem">The first o’ men that we met wi’,<br /> +<span style="margin-left: 1em;">Whae sould it be but fause Sakelde?</span><br /> +<br /> +“Where be ye gaun, ye hunters keen?”<br /> +<span style="margin-left: 1em;">Quo’ fause Sakelde; “Come tell to me?”</span><br /> +“We go to hunt an English stag,<br /> +<span style="margin-left: 1em;">Has trespass’d on the Scots countrie.”</span><br /> +<br /> +“Where be ye gaun, ye marshall men?”<br /> +<span style="margin-left: 1em;">Quo’ fause Sakelde; “Come tell me true!”</span><br /> +“We go to catch a rank reiver,<br /> +<span style="margin-left: 1em;">Has broken faith wi’ the bauld Buccleuch.”</span></p> + +<p>But the troublesome questions of the “fause Sakelde” were speedily cut +short by the lance of Dickie of Dryhope, who led the band—</p> + +<p class="poem">Then nevir a word had Dickie to say,<br /> +<span style="margin-left: 1em;">Sae he thrust the lance through his fause bodie.</span></p> + +<p><span class="pagenum"><a name="Page_213" id="Page_213">[Pg 213]</a></span>The way was now clear for the advance upon the castle. Everything seemed +favourable to the success of their hazardous undertaking. The heavens were +black as pitch, the thunder rolled loud and long, and the rain descended +in torrents—</p> + +<p class="poem">“But ’twas wind and weet, and fire and sleet,<br /> +When we came beneath the castle wa’.”</p> + +<p>When Buccleuch and his men reached the castle they were dismayed to find +that the ladders they had brought with them were too short; but finding a +postern they undermined it, and soon made a breach big enough for a +soldier to pass through. “In this way a dozen stout fellows passed into +the outer court (Buccleuch himself being fifth man who entered,) disarmed +and bound the watch, wrenched open the postern from the inside, and thus +admitting their companions, were masters of the place. Twenty-four +troopers now rushed to the castle jail, Buccleuch meantime keeping the +postern, forced the door of the chamber where Kinmont was confined, +carried him off in his irons, and sounding their trumpet, the signal +agreed on, were answered by loud shouts and the trumpet of Buccleuch, +whose troopers filled the base court. All was now terror and confusion, +both in town and castle. The alarum-bell rang and was answered by his +brazen brethren of the cathedral and the town house; the beacon blazed +upon the top of the great tower; and its red, uncertain glare on the +black<span class="pagenum"><a name="Page_214" id="Page_214">[Pg 214]</a></span> sky and the shadowy forms and glancing armour of the Borderers, +rather increased the terror and their numbers. None could see their enemy +to tell their real strength.”<small><a name="f95.1" id="f95.1" href="#f95">[95]</a></small></p> + +<p>The suddenness of the attack and the terrific noise made by Buccleuch and +his troopers as they laid siege to the castle, created confusion and +dismay amongst the defenders of the stronghold. Lord Scrope, with +commendable prudence, kept close within his chamber. He was convinced, as +he afterwards declared, that there were at least five hundred Scots in +possession of the castle.</p> + +<p>Kinmont, as he was borne triumphantly forth on the broad shoulders of Red +Rowan, shouted a lusty “good night,” to his bewildered lordship.</p> + +<p class="poem">Then Red Rowan has hente him up<br /> +The starkest man in Teviotdale—<br /> +“Abide, abide now, Red Rowan,<br /> +Till of my Lord Scroope I take farewell.”<br /> +<br /> +“Farewell, farewell, my gude Lord Scroope!<br /> +<span style="margin-left: 1em;">My gude Lord Scroope, farewell he cried—</span><br /> +I’ll pay you for my lodging maill,<br /> +<span style="margin-left: 1em;">When first we meet on the Border side.”</span><br /> +<br /> +Then shoulder high, with shout and cry,<br /> +<span style="margin-left: 1em;">We bore him down the ladder lang;</span><br /> +At every stride Red Rowan made,<br /> +<span style="margin-left: 1em;">I wot the Kinmont aims play’d clang!</span><br /> +<br /> +“O mony a time” quo’ Kinmont Willie,<br /> +<span style="margin-left: 1em;">“I’ve prick’d a horse out oure the furs;</span><br /> +But since the day I back’d a steed,<br /> +<span style="margin-left: 1em;">I never wore sic cumbrous spurs!”</span></p> + +<p><span class="pagenum"><a name="Page_215" id="Page_215">[Pg 215]</a></span>Having now successfully accomplished their purpose, Buccleuch and his men +moved off towards the place where they had left their horses, and in a +short time they were safely back on Scottish soil—</p> + +<p class="poem">Buccleuch has turn’d to Eden Water,<br /> +<span style="margin-left: 1em;">Even where it flow’d frae bank to brim,</span><br /> +And he has plunged in wi’ a’ his band,<br /> +<span style="margin-left: 1em;">And safely swam them through the stream.</span><br /> +<br /> +He turn’d them on the other side,<br /> +<span style="margin-left: 1em;">And at Lord Scroope his glove flung he—</span><br /> +“If ye like na my visit in merry England,<br /> +<span style="margin-left: 1em;">In fair Scotland come visit me.”</span></p> + +<p>A cottage on the roadside between Longtown and Langholm, which stands +close to the Scotch Dyke, is still pointed out as the residence of the +smith who was employed, on this occasion, to knock off Kinmont Willie’s +irons. It is said that when Buccleuch arrived he found the door locked, +the family in bed, and the knight of the hammer so sound a sleeper, that +he was only wakened by the Lord Warden thrusting his long spear through +the window, and nearly spitting both Vulcan and his lady.</p> + +<p>The rescue of Kinmont Willie—a most notable feat from whatever point of +view it may be regarded—made Buccleuch one of the most popular heroes of +the age. It was declared on all hands that nothing like it had been +accomplished since the days of Sir William Wallace.</p> + +<p>According to a statement made in the “Border<span class="pagenum"><a name="Page_216" id="Page_216">[Pg 216]</a></span> Papers,” Buccleuch was +assisted in effecting Kinmont’s rescue by Walter Scott of Goldielands; +Walter Scott of Harden; Will Elliot of Gorronbye; John Elliot of +Copeshawe; the laird of Mangerton; the young laird of Whithaugh and his +son; three of the Calfhills, Jock, Bighames, and one Ally, a bastard; +Sandy Armstrong, son to Hebbye; Kinmont’s Jock, Francie, Geordie, and +Sandy, all brethern, the sons of Kinmont; Willie Bell, “Redcloak,” and two +of his brethren; Walter Bell of Goddesby; three brethren of Tweda, +Armstrongs; young John of the Hollows, and one of his brethren; Christie +of Barngleish and Roby of Langholm; the Chingles; Willie Kange and his +brethren with their “complices.”</p> + +<p>The breaking of the castle, and the rescue of Kinmont, completely upset +the equanimity of my Lord Scrope. His indignation almost unmanned him. He +wrote a long letter to the Privy Council describing the circumstances, and +denouncing Buccleuch and his accomplices, in no measured terms. He +entreated the Council to induce her Majesty to call upon the King of +Scotland to deliver up Buccleuch “that he might receive such punishment as +her Majesty might find that the quality of his offence merited.” He +assured their lordships that “if her Majesty shall give me leave it shall +cost me both life and living, rather than such an indignity to her +Highness, and contempt to myself, shall be tolerated.” From the +subsequent<span class="pagenum"><a name="Page_217" id="Page_217">[Pg 217]</a></span> correspondence on this subject, which was of a voluminous +nature, one can easily see that Scrope was more concerned about the +indignity to himself than the contempt which had been offered to her +Majesty. He seems to have found it more difficult than he at first +anticipated to move the government to take prompt and effective action. +Buccleuch, as may be readily supposed, had a good deal to say in his own +defence. He argued, and with considerable cogency, that Kinmont’s capture +and imprisonment constituted a gross violation of Border law, and that he +had not made any attempt at his rescue until he had exhausted every other +means of accomplishing his purpose. He also pointed out that the +representations which he had made had been received with scant courtesy, +and that even the remonstrance of the King had been treated with contempt. +Further, he showed that his Borderers had committed no outrage either on +life or property, although they might have made Scrope and his garrison +prisoners, and sacked the city.</p> + +<p>These considerations ought to have weighed heavily in Buccleuch’s favour, +but Elizabeth would listen to no excuses. She demanded his immediate +surrender. For a time James refused to comply, and was warmly supported by +the whole body of his council and barons, even the ministers of the Kirk +were strongly opposed to surrender. Had the King been able to act with as +much freedom as some of his<span class="pagenum"><a name="Page_218" id="Page_218">[Pg 218]</a></span> predecessors, it is morally certain that this +demand would have been indignantly repelled, but in the circumstances he +had to proceed with caution, as he was afraid that resistance might lead +to unpleasant results. And so, bowing to the inevitable, Buccleuch was +surrendered—at least he was for a time put in ward in Blackness.</p> + +<p>The letter which Elizabeth addressed to James on this occasion is written +throughout in the most passionate language. It is evident that Her Majesty +had great difficulty in controlling her feelings. After soundly rating her +“Dear brother” on the attitude he had assumed, she says:—“Wherefore, for +fine, let this suffice you, that I am as evil treated by my named <i>friend</i> +as I could be by my known <i>foe</i>. Shall any castle or habytacle of mine be +assailed by a night larcin, and shall not my confederate send the offender +to his due punishment? Shall a friend stick at that demand that he ought +rather to prevent? The law of kingly love would have said, nay: and not +for persuasion of such as never can or will stead you, but dishonour you +to keep their own rule, lay behind you such due regard of me, and in it of +yourself, who, as long as you use this trade, will be thought not of +yourself ought, but of conventions what they will. For, commissioners I +will never grant, for an act that he cannot deny that made; for what so +the cause be made, no cause should have done that. And when you with a +better weighed judgment<span class="pagenum"><a name="Page_219" id="Page_219">[Pg 219]</a></span> shall consider, I am assured my answer shall be +more honourable and just; which I expect with more speed, as well for you +as for myself.</p> + +<p>For other doubtful and litigious causes in our Border, I will be ready to +point commissioners, if I shall find you needful; but for this matter of +so villainous a usage, assure you I will never be so answered, as hearers +shall need. In this and many other matters, I require your trust to our +ambassador, which faithfully will return them to me. Praying God for your +safe keeping. Your faithful and loving sister, E. R.”</p> + +<p>Such plain speaking might not be relished by the Scottish King, but the +interests at stake were too great to enable him to disregard it. He was in +thorough sympathy with Buccleuch, but he dare not resist further, and so +pacified the angry Queen by yielding her demands.</p> + + + +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_220" id="Page_220">[Pg 220]</a></span></p> +<h2><a name="XII" id="XII"></a>XII.</h2> +<h3>FLAGELLUM DEI.</h3> + +<table border="0" cellpadding="0" cellspacing="5" summary="xyz"> +<tr><td>“Then out and spak the nobil King,<br /> +And round him cast a wilie ee—<br /> +Now, had they tongue, Sir Walter Scott,<br /> +Nor speak of reif nor felonie:<br /> +For, had every honest man his awin kye,<br /> +A right puir clan thy name wad be!”</td></tr> +<tr><td><span style="margin-left: 8em;"><span class="smcap">Ballad of the Outlaw Murray.</span></span></td></tr></table> + +<p> </p> +<p><span class="dropfig"><img src="images/drop_w.jpg" alt="W" /></span>hile reflecting great credit on the prowess of the Bold Buccleuch, the +rescue of Kinmont Willie gave rise to many serious local as well as +international complications. As we have seen, the English Queen was deeply +offended. She resented the high-handed and arbitrary manner in which the +release of this famous prisoner had been effected. It constituted a gross +insult to the Crown, and she was determined that those responsible for the +deed should suffer for their temerity. The anger of Elizabeth was no +trifling matter under any circumstances, but to James, whose courage was +never a conspicuous quality, it was dreaded in the last degree. He simply +quailed before the storm, and hastened to tender his humble submission. +The Queen received his assurances of contrition with commendable<span class="pagenum"><a name="Page_221" id="Page_221">[Pg 221]</a></span> +graciousness. Yet it would seem she was not quite satisfied. Buccleuch had +been put in ward, but he had not been, as was demanded, surrendered to the +English government, and satisfaction was apparently out of the question +until this condition had been complied with. She expostulated with James +on the impropriety of the course he had seen fit to adopt, and gave him an +interesting lecture on the manner in which he ought to discharge the +duties of his high office. “For the punishment given to the offender,” she +says, “I render you many thanks; though I must confess, that without he be +rendered to ourself, or to our warden, we have not that we ought. And, +therefore, I beseech you, consider the greatness of my dishonour, and +measure his just delivery accordingly. Deal in this case like a king, that +will have all this realm and others adjoining see how justly and kindly +you both will and can use a prince of my quality; and let not any dare +persuade more for him than you shall think fit, whom it becomes to be +echoes to your actions, no judgers of what beseems you.</p> + +<p>For Border matters, they are so shameful and inhuman as it would loathe a +king’s heart to think of them. I have borne for your quiet too long, even +murders committed by the hands of your own wardens, which, if they be +true, as I fear they be, I hope they shall well pay for such demerits, and +you will never endure such barbarous acts to be unrevenged.</p> + +<p><span class="pagenum"><a name="Page_222" id="Page_222">[Pg 222]</a></span>I will not molest you with other particularities; but will assure myself +that you will not easily be persuaded to overslip such enormities, and +will give both favourable ear to our ambassador, and speedy redress, with +due correction for such demeanour. Never think them mete to rule, that +guides without rule.</p> + +<p>Of me make this account, that in your world shall never be found a more +sincere affection, nor purer from guile, nor fuller fraught with truer +sincerity than mine; which will not harbour in my breast a wicked conceit +of you, without such great cause were given, as you yourself could hardly +deny; of which we may speed, I hope, <i>ad calendas Græcas</i>.</p> + +<p>I render millions of thanks for such advertisements as this bearer brought +from you; and see by that, you both weigh me and yourself in a right +balance; for who seeks to supplant one, looks next for the other.”</p> + +<p>These wise and weighty admonitions were no doubt received in a becoming +spirit. But James was not prepared at once to comply with the demand that +Buccleuch should be handed over to the tender mercies of his enemies. +Buccleuch was a special favourite. He was disposed, therefore, to shield +him as long as he could conveniently do so, with any degree of safety to +himself and his own interests. Negotiations were carried on between the<span class="pagenum"><a name="Page_223" id="Page_223">[Pg 223]</a></span> +two governments for a period of eighteen months, and everything might have +been amicably settled had the wardens, and others in authority, only +conducted themselves with a reasonable amount of discretion. Scrope, +especially was dying to be revenged on those who had subjected him to such +great indignity; and consequently, a few months after the castle of +Carlisle had been broken into by Buccleuch, he gathered together two +thousand men and marched into Liddesdale, where he and his followers +created great devastation. They burned, so the Scottish commissioners +allege, “24 onsettes of houses, and carried off all the goods within four +miles of bounds. They coupled the men their prisoners ‘tua and tua +togeather in leashe like doggis. Of barnis and wemen, three or four +scoore, they stripped off their clothis and sarkis, leaving them naked in +that sort, exposit to the injurie of wind and weather, whereby nyne or +tenne infantes perished within eight daies thereafter.’”</p> + +<p>The answer of the English commissioners to this indictment indicates, at +least, the grounds on which Scrope regarded himself as justified in +undertaking this invasion of Liddesdale. The reasons adduced are +plausible, if not always convincing. “It is no novelty,” they say, “but an +ancient custom, for the English warden to assist his opposite, and the +keeper of Liddesdale, to ride on and ‘herrie’ such thieves, and on +occasion to do so at his own hand....<span class="pagenum"><a name="Page_224" id="Page_224">[Pg 224]</a></span> Buccleuch, besides (1) surprising +the second fortress of the Queen’s Border; (2) slaying 24 of her subjects, +including 16 of her soldiers; (3) has bound himself with all the notorious +riders in Liddesdale, Eskdale, and Ewesdale, and after asserting that he +paid ‘out of his own purse’ half of the sworn bill of Tyndale of £800, +which the King commanded him to answer, joined himself with the Ellotts +and Armstrongs, to plunder Tyndale for demanding the balance, slaying in +their own houses 7 of the Charletons and Dodds the chief claimants. And +being imprisoned by the King, he made a sporting time of it, hunting and +hawking, and on his release did worse than ever, maintaining his ‘coosens’ +Will of Hardskarth, Watt of Harden, &c., to murder, burn, and spoile as +before.</p> + +<p>The people under his charge, Ellotts, Armstrongs, Nicksons, &c., have of +late years murdered above 50 of the Queen’s good subjects, many in their +own houses, on their lawful business at daytime—as 6 honest Allandale men +going to Hexham market, cut in pieces. For each of the last 10 years they +have spoiled the West and Middle Marches of £5000. In short, they are +intolerable, and redress being unattainable, though repeatedly demanded by +the Queen and warden, the justifiable reprisal ordered by her Majesty in +necessary defence of her own Border, cannot in equity be called an +invasion, but rather ‘honourable and neighbourlike assistance,’ to +maintain the<span class="pagenum"><a name="Page_225" id="Page_225">[Pg 225]</a></span> inviolable amitie between the princes and realms, against +the proud violaters thereof in eyther nation.... To conclude—this action +of the Lord Scrope’s is to be reputed and judged a ‘pune,’ an ancient +Border tearme, intending no other than a reprisall, which albeit of late +years her Majesty’s peacable justice hath restrained.”</p> + +<p>There is much in a name. This invasion of Liddesdale, resulting in the +burning of numerous homesteads, the slaughter of many women and children, +accompanied by barbarities of the most revolting description, is +euphoniously described by the commissioners as “honourable and +neighbourlike assistance.” The women and bairns, who were led in leashes +like so many dogs, were no doubt duly grateful to my Lord Scrope and his +minions for their kindly attentions! The absurdity of such a verdict is +surely unique.</p> + +<p>It would appear that Buccleuch’s enforced absence from the Borders, after +the taking of Carlisle castle, was of brief duration. He was soon back in +his old haunts, and at his old trade. What had happened in the interim was +not likely to enhance his feeling of regard for Scrope, and those who were +aiding and abetting him in this matter. He was determined to avenge the +cruel raid which had been made upon Liddesdale. Along with Sir Robert Ker +of Cessford, another renowned freebooter, he marched into Tynedale with +fifty horse and a hundred foot, burned at<span class="pagenum"><a name="Page_226" id="Page_226">[Pg 226]</a></span> noonday three hundred onsteads +and dwelling houses; also barns, stables, ox houses, &c., to the number of +twenty; and murdered “with the sworde” fourteen who had been to Scotland, +and brought away their booty. The English warden was utterly helpless. He +dare not lift a finger to stay the progress of the invaders. He gave vent +to his feelings in a letter to Burghley, in which he says—“To defend such +like incursions, or rather invasions, with sorrow as formerly I declare to +your lordship the weak state of Tindale, for there was not 6 able horse to +follow the fray ‘upon the shoute,’ though in daytime, and where as +reported to me, there were 300 able foot, ‘or better,’ there was not a +hundred of this following, ‘and those naked.’ This piteous state increases +since my coming, and I cannot see how to amend it, leaving this to your +wisdom, ‘wishing to God’ I had never lived to serve where neither her +Majesty nor her officer is obeyed; fearing unless assisted by her +Majesty’s forces, Tyndale will be laid waste as other parts of the March +are.”<small><a name="f96.1" id="f96.1" href="#f96">[96]</a></small></p> + +<p>One cannot restrain a certain feeling of commiseration for the English +warden, who was so shamefully neglected by his government, and so +miserably supported in the discharge of his duties by those dwelling +within his wardenry. The complaint which Eure here makes is one which was +often made by the <span class="pagenum"><a name="Page_227" id="Page_227">[Pg 227]</a></span>wardens on the English Border. They were frequently +left in a comparatively helpless condition, having neither men, horses, +nor money sufficient for their purposes. The knowledge of this fact no +doubt encouraged the Scots to pursue their nefarious calling with a +boldness and persistency, which, at first sight, appear somewhat +extraordinary.</p> + +<p>Buccleuch, when charged with the atrocities here so minutely described, +had a good deal to say in his own defence. He avowed that his inroad on +Tynedale was fully justified. He says—“60 English entered Liddesdale by +night, slew 2 men, and drove many sheep and cattle, when the fray arising, +he with neighbouring gentlemen ‘followed the chace with the dog,’ and put +the first men he met making resistance, to the sword. The rest of the +spoil, taken to sundry houses in Tindale, was therein held against him by +the stealers, and though he offered them life and goods, if the cattle +were delivered, he had to force entry by the firing of doors, when the +houses were burned ‘besides his purpose,’ with the obstinate people who +refused to yield on trust.”<small><a name="f97.1" id="f97.1" href="#f97">[97]</a></small></p> + +<p>This plausible story, the main facts of which, however, are admitted by +the English warden, did not go far to pacify the Queen of England. She +threatened the utmost penalties unless Buccleuch and Ker were <span class="pagenum"><a name="Page_228" id="Page_228">[Pg 228]</a></span>delivered +up to her. The time had gone past for further “excuses, deferrings, and +lingerings.” It is said her resentment had reached such a pitch that, with +her concurrence, a plan was formed to <i>assassinate</i> Buccleuch.</p> + +<p>Though the Queen had at first been opposed to the appointment of a +Commission for the consideration of some of the more important questions +which had arisen between the two kingdoms, owing mainly to Buccleuch’s +exploits, she ultimately yielded the point, and it is an interesting and +significant fact that during the time of the sitting of the Commission +Buccleuch was busily engaged in ravaging with fire and sword some of the +fairest districts within the English Border. The magnitude of his offences +had evidently impressed them. They hardly knew what to say about him. In +the first paragraph of the report which they issued we read:—“We have +accomplished the treaty of the Border causes with all the diligence +possible, though not to so great advantage to the realm as we desired. Yet +we have revived articles of the former treaties discontinued, supplied +many old defects, and made new ordinances. Slaughters we were forced to +leave as they were (the Scots protesting that they could not, under their +instructions, deal with them); but we trust as the punishment is left to +the princes, her Majesty will so consider the same, that it shall be found +far better that we have left that article at large, than if we had<span class="pagenum"><a name="Page_229" id="Page_229">[Pg 229]</a></span> +condiscended to any meane degree of correccion for so barbarous acts ... +specially by Baklugh, who is <i>flagellum Dei</i> to his miserably distressed +and oppressed neighbours.”<small><a name="f98.1" id="f98.1" href="#f98">[98]</a></small></p> + +<p>But, however distressing Buccleuch’s conduct may have been to the English +members of the Commission, it is evident that neither King nor Council in +Scotland was disposed to regard him as a “scourge of God.” He went up to +Edinburgh at this time, when things seemed to be going so much against him +in the Commission, and had an interview with James, and so obtained his +favourable countenance, that “they laughed a long time on the purpose.” +The Council took an equally favourable view of the situation, affirming +that “it was found that his last invasion of England was just, for +‘repetition’ of goods stolen a short time before, and the slaughter was +but of special malefactors, enemies to the public weal and quiet of both +countries.”</p> + +<p>Elizabeth, however, took a different view of the matter, and put her foot +down with such purpose and determination that James speedily became +convinced that he must either surrender his favourite, or involve the +country in a war with England. The latter alternative was out of the +question, as it might have imperilled his claim to the succession, and so +<span class="pagenum"><a name="Page_230" id="Page_230">[Pg 230]</a></span>Buccleuch was compelled to place himself as a prisoner in the hands of +Sir William Bowes, who conducted him to Berwick, and put him in ward, +there to await the Queen’s pleasure. Sir John Cary was then governor of +the town, and it was with much perturbation and many misgivings that he +undertook the safe custody of such a notorious and masterful captive. In a +pathetic letter which he addressed to Lord Hunsdon, he says—“I entreat +your lordship that I may not become the jailor of so dangerous a prisoner, +or, at least, that I may know whether I shall keep him like a prisoner or +no? for there is not a worse or more dangerous place in England to keep +him in than this; it is so near his friends, and besides, so many in this +town willing to pleasure him, and his escape may be so easily made; and +once out of the town he is past recovery. Wherefore I humbly beseech your +honor let him be removed from hence to a more secure place, ‘for I protest +to the Almighty God, before I will take the charge to keep him here, I +will desire to be put in prison myself, and to have a keeper of me!’ For +what care soever be had of him here, ‘he shall want no furtherance +whatsoever wit of man can devise, if he himself list to make an escape.’ +So I pray your lordship, ‘even for God’s sake and for the love of a +brother,’ to relieve me from this danger.”<small><a name="f99.1" id="f99.1" href="#f99">[99]</a></small></p> + +<p><span class="pagenum"><a name="Page_231" id="Page_231">[Pg 231]</a></span>This passionate appeal, to be relieved from the responsibility of taking +charge of Buccleuch, does not seem to have received much attention. +Buccleuch remained under Cary’s guardianship, and, needless to say, proved +himself one of the most tractable of prisoners. He could not well have +acted otherwise, for he must by this time have become fully convinced that +Elizabeth was determined to have her way, and that, in the peculiar +circumstances in which the Scottish King was placed, he could ill afford +to thwart her wishes. Sir Robert Ker was also induced to place himself in +the hands of the English authorities. Strange to relate, he was placed in +charge of Sir Robert Cary, with whom he lived for a considerable time on +the most intimate and friendly terms. “Contrary to all men’s +expectations,” says Cary, “Sir Robert Car chose me for his guardian, and +home I brought him to my own house after he was delivered to me. I lodged +him as well as I could, and took order for his diet, and men to attend on +him; and sent him word, that (although by his harsh carriage towards me, +ever since I had that charge, he could not expect any favours, yet) +hearing so much goodness of him, that he never broke his word; if he would +give me his hand and credit to be a true prisoner, he would have no guard +set upon him, but would have free liberty for his friends in Scotland, to +have ingress and regress to him as often as he pleased. He took this very +kindly<span class="pagenum"><a name="Page_232" id="Page_232">[Pg 232]</a></span> at my hands, accepted of my offer, and sent me thanks.</p> + +<p>Some four days passed; all which time his friends came unto him, and he +kept his chamber. Then he sent to me, and desired me I should come and +speak with him, which I did; and after long discourse, charging and +recharging one another with wrongs and injuries, at last, before our +parting, we became good friends, with great protestations on his side, +never to give me occasion of unkindness again. After our reconciliation, +he kept his chamber no longer, but dined and supped with me. I took him +abroad with me, at least thrice a-week, a-hunting, and every day we grew +better friends. Bocleugh, in a few days after, had his pledges delivered, +and was set at liberty. But Sir Robert Car could not get his, so that I +was commanded to carry him to York, and there to deliver him prisoner to +the archbishop, which accordingly I did. At our parting he professed great +love unto me for the kind usage I had shown him, and that I would find the +effects of it upon his delivery, which he hoped would be shortly.”<small><a name="f100.1" id="f100.1" href="#f100">[100]</a></small></p> + +<p>Sir Robert Ker was as good as his word. After he had regained his freedom, +by the delivery of the pledges demanded, he returned to his duties as +warden of the East March, and seems to have<span class="pagenum"><a name="Page_233" id="Page_233">[Pg 233]</a></span> conducted himself to the +entire satisfaction of his generous opponent. Cary says that they often +met afterwards at days of truce, and that he had as good justice as he +could have desired—their friendship remaining unbroken to the end.</p> + +<p>The fortunes of the “Bold Buccleuch,” after his imprisonment in Berwick, +were of a varied, but by no means of an unpleasant character. He returned +to his duties as Keeper of Liddesdale, and applied himself with energy and +ability to the arduous task of keeping his unruly charge, as far as +possible, within due bounds of law. This was an almost impossible +undertaking, as the Armstrongs and Elliots and other “broken men” of the +district had been so long accustomed to a lawless life that they quickly +resented any interference with their liberty. The change which had come +over the spirit of Buccleuch’s dream was not at all to their liking, and +consequently they turned against him, and assailed him with much +bitterness. He was “in contempt with them” because of his just dealing +with Cary. They would gladly have shaken off his yoke, and were privately +working for his overthrow, that they might have the “raynes louse” again. +But difficult as the task was, Buccleuch was not easily turned aside from +his purpose. He had evidently become convinced that a change of policy was +desirable in the interests of the country, and he was determined to carry +it out, however<span class="pagenum"><a name="Page_234" id="Page_234">[Pg 234]</a></span> formidable might be the opposition with which he had to +contend. The fact is significant, and ought to be carefully borne in mind. +Buccleuch’s indiscretions during the earlier part of his official life +were manifold, and severely reprehensible. The only defence which can be +offered in his behalf is, that he was placed in a position of great +responsibility before he was old enough to appreciate to the full extent +the consequences of his actions. His extreme youth, fiery temperament, and +fervid patriotism, account for many things in his life which otherwise +would be difficult either to explain or justify. But if he sinned greatly, +he also repented sincerely. It is really to him we owe the first impulse +in the social regeneration of the Borders. From 1597 onwards, he +contributed more towards the establishment of good order in the district +over which he presided—and it was infinitely the worst district in the +country—than any other man of his time. It may be said, indeed, that in +him many of the finest qualities of the Scottish Borderer came to full +fruition. He was brave, resolute, independent, quick to resent injuries, +but withal, warm-hearted and generous. We do not greatly wonder at the +large place he has filled in the traditional story of the country. His was +a powerful and fascinating personality, and though, from a national point +of view, the sphere of his activities was comparatively limited, his name +is not unworthy of being<span class="pagenum"><a name="Page_235" id="Page_235">[Pg 235]</a></span> associated with some of the greatest names in +Scottish history.</p> + +<p>Towards the close of the year 1599 he went to London to make his peace +with the Queen. In a letter to Cecil, written by Sir Robert Cary, we have +striking testimony given of the change which had taken place in +Buccleuch’s attitude towards the English government. “He will be +desirous,” Cary says, “to kiss the Queen’s hand: which favour of late he +hath very well deserved, for since my coming into these parts, I do assure +your honour he is the only man that hath run a direct course with me for +the maintenance of justice, and his performance hath been such as we have +great quietness with those under his charge. Nor have I wanted present +satisfaction for anything by his people: and he has had the like from me. +There is not an unsatisfied bill on either side between us.”<small><a name="f101.1" id="f101.1" href="#f101">[101]</a></small></p> + +<p>Considering the terms of this letter, we are not surprised to learn that +the “Bold Buccleuch” was received at Court with considerable favour. If it +be true that Elizabeth at one time was privy to a plot to assassinate him, +she must surely have had some qualms of conscience when at last this +“stark reiver” stood before her. The scene is a memorable one. The Queen +demanded of him, with one of those lion-like<span class="pagenum"><a name="Page_236" id="Page_236">[Pg 236]</a></span> glances which used to throw +the proudest nobles on their knees, how he dared to storm her castle, to +which the Border baron replied—“What, madam, is there that a brave man +may not dare?” The rejoinder pleased her; and, turning to her courtiers, +she exclaimed—“Give me a thousand such leaders, and I’ll shake any throne +in Europe!”</p> + + +<p> </p><p> </p> +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_237" id="Page_237">[Pg 237]</a></span></p> +<h2><a name="XIII" id="XIII"></a>XIII.</h2> +<h3>MINIONS OF THE MOON.</h3> + +<table border="0" cellpadding="0" cellspacing="5" summary="xyz"> +<tr><td>“Diana’s Foresters, Gentlemen of the shade,<br /> +Minions of the Moon.”—<span class="smcap">Falstaff.</span></td></tr> +<tr><td> </td></tr> +<tr><td>“<i>Reparabit Cornua Phoebe.</i>”—<span class="smcap">Motto: Harden Family.</span></td></tr> +<tr><td> </td></tr> +<tr><td>“The siller moon now glimmers pale;<br /> +But ere we’ve crossed fair Liddesdale,<br /> +She’ll shine as brightlie as the bale<br /> +<span style="margin-left: 3.5em;">That warns the water hastilie.</span><br /> +<br /> +“O leeze me on her bonny light!<br /> +There’s nought sae dear to Harden’s sight:<br /> +Troth, gin she shone but ilka night,<br /> +<span style="margin-left: 3.5em;">Our clan might live right royallie.”</span></td></tr> +<tr><td><span style="margin-left: 12em;"><span class="smcap">Feast of Spurs.</span></span></td></tr></table> + +<p> </p> +<p><span class="dropfig"><img src="images/drop_t.jpg" alt="T" /></span>he more famous reivers whose names have been handed down in the +traditions, poetry, and history of the Scottish Border, are seldom +regarded with any very pronounced feelings of aversion. The Armstrongs, +Elliots, Græmes, Stories, Burneses, and Bells; the Scotts, Kers, Maxwells, +and Johnstones—whose depredations have been recorded with much fulness of +detail in the annals of the country, were no<span class="pagenum"><a name="Page_238" id="Page_238">[Pg 238]</a></span> doubt quite as bad as they +have been described. They cannot be acquitted of grave moral +delinquencies, judged even by the standard of the age in which they lived. +But at this distance of time many are disposed to regard their +depredations and lawless life, if not with a kindly, at least with an +indulgent eye. It must be frankly admitted that there was an element of +genuine heroism in their lives, which goes far to redeem them from the +contempt with which, under other conditions, we would have been compelled +to regard them. What they did was, as a general rule, done openly, and +evidently with a certain sub-conscious feeling that their actions, if +rightly understood, were not altogether blame-worthy. Their reiving was +carried on under conditions which developed some of the best as well as +worst elements of their nature and manhood. The Border reiver, whatever he +was, can certainly not be described as cowardly. He carried his life in +his hands. He never knew when he went on a foraging expedition, whether he +might return. The enemy with which he had to contend was vigilant and +powerful. Before he could drive away the cattle, he had, first of all, to +settle accounts with the owner. He might be worsted in the encounter, and +instead of securing his booty, he might find himself a captive, with the +certainty of being strung up on the nearest tree, or drowned in some +convenient pool. Such incidents were of almost every day occurrence. +Reiving was<span class="pagenum"><a name="Page_239" id="Page_239">[Pg 239]</a></span> therefore one of the most exciting and hazardous of +occupations, demanding on the part of those engaged in it, a strong arm +and a dauntless spirit. The burglar who sneaks up to a house while the +inmates are asleep, and plies his nefarious calling in silence and under +shade of night, and is ready to start off, leaving everything behind him, +the moment the alarm is raised, is a contemptible miscreant, for whom the +gallows is almost too mild a form of punishment. But the Border reiver was +made of different metal; was, indeed, a man of an essentially higher type. +He was prepared to fight for every hoof or horn he wished to secure. It +was a trial of skill, of strength, of resource, with the enemy. No doubt +he had occasionally to ride during the night, aided only by the mild rays +of the moon. The way was often long, the paths intricate, and the dangers +manifold; but he was also prepared, under the full blaze of the noonday +sun, to challenge those he had come to despoil, to protect and retain +their property if they could. It was open and undisguised warfare on a +miniature scale. This, of course, was not true of <i>all</i> the reivers on the +Borders. Some of them were hardly worthy of their profession. There are +black sheep in every trade—men who represent the baser qualities of their +kind, and who bring discredit on their associates.</p> + +<p>In looking back over the long list of famous reivers there are many names +which, somehow or other, we<span class="pagenum"><a name="Page_240" id="Page_240">[Pg 240]</a></span> are disposed to regard with a more or less +kindly feeling. This may be difficult to explain, but the fact is +undeniable. Perhaps the feeling is due, to a certain extent at least, to +the fact that, despite the mode of life adopted by these men, they +represented many really admirable qualities, both of intellect and heart. +Johnie Armstrong of Gilnockie, for example, was one of the most notorious +of the clan to which he belonged, and yet he was evidently regarded as a +great hero, who had been most shamefully treated by the King. It is also +interesting to find that he had a high opinion of himself. He prided +himself on his <i>honesty</i>. However much injury he had inflicted on the +unfortunate Englishmen, who had to bear the brunt of his onslaughts, it +gives him infinite pleasure and satisfaction to affirm that “he had never +skaithed a Scots wife a puir flee.” It is possible, too, that his tragic +end may have something to do with the kindly feeling with which his memory +is cherished, though this in itself is not sufficient to account for the +place he occupies in the Valhalla of Border heroes.</p> + +<p>In the same way a halo of romance has gathered round the name of the “Bold +Buccleuch,” whose spirit of chivalry has gone far to redeem his memory +from opprobrium. The penetrating eye of the English Queen was quick to +discern in him qualities of a high order which only required the proper +sphere for their development. He may well be regarded as a truly<span class="pagenum"><a name="Page_241" id="Page_241">[Pg 241]</a></span> great +man who was compelled by the circumstances in which he found himself +placed, to devote his time and talents to tasks which were quite unworthy +of his genius. Hence, when the opportunity occurred, he speedily proved +himself not only a great leader of men, but a most potent factor in the +social and moral regeneration of the district with which he was so +intimately associated.</p> + +<p>But of all the Border reivers whose names have been handed down in song +and story, none is regarded with more kindly, we might almost say +affectionate interest, than that of “Auld Wat of Harden.” For many years +he played an important part in Border affairs, and was always to the front +in harassing and despoiling the English. We have already noticed the +assistance he gave his near kinsman, the “Bold Buccleuch,” in the assault +on Carlisle castle, when Kinmont Willie was so gallantly rescued from +imprisonment. But, four years prior to this event, in the year 1592, he +took part, under the leadership of Bothwell, in the famous “Raid of +Falkland,” when the King was surprised in his Palace, and would have had +short shrift from the Borderers, had not timely warning been given him of +his danger. This escapade entailed on the laird of Harden somewhat serious +consequences. An order was issued by the King, with the consent of the +Lords of his Council, to demolish the <i>places,<span class="pagenum"><a name="Page_242" id="Page_242">[Pg 242]</a></span> houses, and fortalices</i> of +Harden and Dryhoip, pertaining to the said Walter Scott. The order runs +thus—“Apud Peiblis, xiij die mensis Julij, anno lxxxxij (1592)—The +Kingis Majestie, with aduise of the Lordis of his Secreit Counsale, Gevis +and grantis full pouer and Commission, expres bidding and charge, be thir +presentis, to his weil-belouitt Williame Stewart of Tracquair, to <span class="smcap">dimoleis</span> +and cause to be dimoleist and cassin doun to the ground, <i>the place and +houssis of</i> <span class="smcap">Tynneis</span>, quhilkis pertenit to James Stewart sumtyme of +Tynneis; as alswa, the lyke pouer and commissioun, expres bidding and +charge, to Walter Scott of Gouldielandis and Mr Iedeon Murray, conjunctlie +and seuerallie, to dimoleis and caus be dimoleist and cassin doun to the +ground, <i>the placeis, houssis, and fortalices of</i> <span class="smcap">Harden</span> <i>and</i> <span class="smcap">Dryhoip</span>, +pertening to Walter Scott of Harden, quha, with the said James Steuart, +wes arte and parte of the lait tresonabill fact, perpetrat aganis his +hienes awin persone at Falkland: And that the foirsaidis personis caus the +premisses be putt in execution with all convenient expeditioun in signne +and taikin of the foirsaidis uthiris personis tressounable and unnaturall +defection and attemptat, committit be thame in manner foirsaid. As thay +will ansuer to his hienes upon thair obedience.”<small><a name="f102.1" id="f102.1" href="#f102">[102]</a></small></p> + +<p><span class="pagenum"><a name="Page_243" id="Page_243">[Pg 243]</a></span>This was a severe blow to the laird of Harden, but he doubtless bore it +with that fine <ins class="correction" title="original reads 'philosopical'">philosophical</ins> indifference for which he was distinguished. +The motto of the Harden family, “We’ll hae moonlight again,” breathes the +spirit of optimism, and indicates that the reverses of fortune were never +regarded as irreparable. Hope sprang eternal in the Harden breast!</p> + +<p>But Auld Wat was never disposed to linger unduly, even when courting the +smile of the capricious Goddess. He believed in himself, and relied mainly +for his good fortune on his own energy and skill. He was a man of the +world—keen, subtle, far-seeing, energetic—never allowing the grass to +grow under his feet. He believed in taking time by the forelock—in making +hay while the sun shone. Rarely did he ever miss a favourable opportunity +of increasing “his goods and gear.” And his reiving was carried on in no +paltry or insignificant fashion. He was a man of large ideas, and he +carried them out on a splendid scale. For example, we find that in 1596 he +ran a day foray into Gilsland, and carried off “300 oxen and kye, a horse +and a nag.” This was a large addition to make to his stock, and one cannot +help thinking that the “dell” in front of Harden castle, where he kept his +captured nowte, must have often been unduly crowded. But then it ought be +remembered that the demands on his hospitality<span class="pagenum"><a name="Page_244" id="Page_244">[Pg 244]</a></span> were numerous and not +always easily met. He had a numerous body of retainers, as was befitting a +man of his position, who had to be kept in “horse meat and man’s meat,” +and having so many to provide for, his large herds often disappeared with +great rapidity. The result was that he was constantly under the necessity +of crossing the Border in order to replenish his stock. It is related that +on one occasion he overheard the town herd calling out to some one, as he +was passing, to “send out Wat o’ Harden’s coo.” “Wat o’ Harden’s coo!” the +old reiver indignantly exclaimed, “My sang, I’ll soon mak ye speak of Wat +o’ Harden’s kye,” and so he at once gathered his forces, marched into +Northumberland, and before long he was seen on his way back driving before +him a big herd of cows and a basson’d bull. On his way he passed a large +sow-backed haystack. Turning round in his saddle and looking at it +wistfully, he said, in a regretful tone of voice, “If ye had four feet, ye +wadna stand long there!”</p> + +<p>It is perhaps to this successful foray that Lord Eure refers in a letter +addressed to Cecil under date July 15, 1596, in which he says:—“Watt +Ellatt, <i>alias</i> Watt of Harden, with other East Tividale lairds had 300 or +400 able horsemen, laying an ambush of 300 or 400 foote, brake a day +forray a myle beneathe Bellinghame, spoiled the townes men in +Bellinghame,<span class="pagenum"><a name="Page_245" id="Page_245">[Pg 245]</a></span> brake the crosse, toke all the cattell upp the water to the +number thre or fower hundred beastes at the leaste, hath slaine three men +of name and wounded one allmoste to deathe, fired noe houses. The fray +rose and being brought to me at Hexhame about ixº or xº houers in the +morning, I rose myself with my household servuantes, caused the beacons to +be fired and sent the fray eche way rounde aboute me, and yet could not +make the force of the countrie iiij<sup>xx</sup> horsemen and some six score +footmen. I followed with the horsemen within twoe or three myles of +Scotland, and except Mr Fenwick of Wellington, together with the Keaper of +Tindale, Mr Henry Bowes, ther was not one gentleman of the Marche to +accompanie me, or mett me at all; and when all our forces were togeither, +we could not make twoe hundredth horsse, nor above twoe hundredth +footmen.... With shame and greife I speake it’ the Scottes went away +unfought withall.”<small><a name="f103.1" id="f103.1" href="#f103">[103]</a></small></p> + +<p>It will thus be seen that within a few months this famous freebooter had +transferred from English soil some six or seven hundred head of cattle. No +doubt like his neighbours, who were engaged in the same precarious line of +business, he had many unsuccessful raids to recount, but he was certainly +one of the most wary and successful of the reivers on the Scottish side of +the Border.</p> + +<p><span class="pagenum"><a name="Page_246" id="Page_246">[Pg 246]</a></span>Sir Walter Scott, who was a descendant of Wat of Harden, has an +interesting note in his “Border Minstrelsy” regarding the family. “Of this +Border laird,” he says, “commonly called <i>Auld Wat of Harden</i>, tradition +has preserved many anecdotes. He was married to Mary Scott, celebrated in +song by the title of ‘The Flower of Yarrow.’ By their marriage contract, +the father-in-law, Philip Scott of Dryhope, was to find Harden in horse +meat and man’s meat at his Tower of Dryhope for a year and a day; but five +barons pledge themselves, that, at the expiry of that period, the +son-in-law should remove without attempting to continue in possession by +force! A notary-public signed for all the parties to the deed, none of +whom could write their names. The original is still in the charter-room of +the present Mr Scott of Harden. By ‘The Flower of Yarrow’ the Laird of +Harden had six sons; five of whom survived him, and founded the families +of Harden (now extinct), Highchesters (now representing Harden), Reaburn, +Wool, and Synton. The sixth son was slain at a fray, in a hunting match, +by the Scotts of Gilmanscleuch. His brothers flew to arms; but the old +laird secured them in the dungeon of his tower, hurried to Edinburgh, +stated the crime, and obtained a gift of the land of the offenders from +the Crown. He returned to Harden with equal speed, released his sons, and +showed them the charter.<span class="pagenum"><a name="Page_247" id="Page_247">[Pg 247]</a></span> ‘To horse, lads!’ cried the savage warrior, ‘and +let us take possession! The lands of Gilmanscleuch are well worth a dead +son.’”</p> + +<p>Hogg’s description of “Auld Wat” as he set out for Edinburgh on this +occasion is humourously realistic:</p> + +<p class="poem">And he’s awa’ to Holyrood,<br /> +<span style="margin-left: 1em;">Amang our nobles a’,</span><br /> +With bonnet lyke a girdle braid,<br /> +<span style="margin-left: 1em;">And hayre lyke Craighope snaw.</span><br /> +<br /> +His coat was of the forest green,<br /> +<span style="margin-left: 1em;">Wi’ buttons lyke the moon;</span><br /> +His breeks were o’ the guid buckskyne,<br /> +<span style="margin-left: 1em;">Wi’ a’ the hayre aboon.</span><br /> +<br /> +His twa hand sword hang round his back,<br /> +<span style="margin-left: 1em;">An’ rattled at his heel;</span><br /> +The rowels of his silver spurs<br /> +<span style="margin-left: 1em;">Were of the Rippon steel;</span><br /> +<br /> +His hose were braced wi’ chains o’ airn,<br /> +<span style="margin-left: 1em;">An’ round wi’ tassels hung:</span><br /> +At ilka tramp o’ Harden’s heel,<br /> +<span style="margin-left: 1em;">The royal arches rung.</span><br /> +<span class="spacer">·</span><span class="spacer">·</span><span class="spacer">·</span><span class="spacer">·</span><span class="spacer">·</span><span class="spacer">·</span><br /> +Ane grant of all our lands sae fayre<br /> +<span style="margin-left: 1em;">The King to him has gien;</span><br /> +An’ a’ the Scotts o’ Gilmanscleuch<br /> +<span style="margin-left: 1em;">Were outlawed ilka ane.</span></p> + +<p>But Harden’s best fortune came to him with his wife—the far-famed “Flower +of Yarrow.”</p> + +<p class="poem">This beautous flower, this rose of Yarrow,<br /> +In nature’s garden has no marrow.</p> + +<p>So sang Allan Ramsay. And since his day the charms of “Yarrow’s Rose” have +inspired many a more or less tuneful ode. But Mary Scott’s beauty was, +after all, not her greatest gift. She was wise<span class="pagenum"><a name="Page_248" id="Page_248">[Pg 248]</a></span> beyond most of her sex, +and skilful to a degree in the management of her husband. We find, for +example, that instead of remonstrating with him on his culpable negligence +in allowing the larder to become depleted, she quietly set before him when +he came to dinner a pair of clean spurs! The hint thus indirectly conveyed +was quite sufficient. Immediately her worthy spouse was in the saddle and +riding as fast as his nag could carry him towards the English fells. It is +interesting to know that the spurs that were thus suggestively served up +for dinner are still in the possession of the family, being carefully +preserved among Lord Polwarth’s treasures at Mertoun House.</p> + +<p>But while Wat of Harden could look after his own interests, he was never +unmindful of the interests of others. When the Captain of Bewcastle came +over to Ettrick “to drive a prey,” and carried off Jamie Telfer’s kye, he +rendered splendid service in rescuing the herd from the hand of the +spoiler. Though Telfer, with “the tear rowing in his ee,” pled with the +Captain to restore his property, he was only laughed at for his pains—</p> + +<p class="poem">“The Captain turned him round and leugh,<br /> +<span style="margin-left: 1em;">Said—“Man, there’s naething in thy house,</span><br /> +But ae auld sword without a sheath<br /> +<span style="margin-left: 1em;">That hardly now would fell a mouse.”</span></p> + +<p>Telfer first of all applied for assistance at Stobs Ha’, evidently +thinking that he had some special claim on<span class="pagenum"><a name="Page_249" id="Page_249">[Pg 249]</a></span> “Gibby Elliot,” but he was +unceremoniously turned from the door, and told to go to “Branksome” and +“seek his succour where he paid blackmail.” When Buccleuch heard what had +taken place, he cried—</p> + +<p class="poem">“Gar warn the water, braid and wide,<br /> +Gar warn it sune and hastilie!<br /> +They that winna ride for Telfer’s kye,<br /> +Let them never look in the face o’ me!”</p> + +<p> </p> +<p>Auld Wat and his sons having also been informed of the Captain’s raid, +lost no time in getting out their steeds and hurrying after the English +reiver. Over the hills, down near the Ritterford on the Liddel, the melee +began. The Captain was determined to drive Jamie Telfer’s kye into England +despite the opposition of the Scotts, but he was made to pay dearly for +his temerity.—</p> + +<p class="poem">Then til’t they gaed, wi’ heart and hand,<br /> +The blows fell thick as bickering hail;<br /> +And mony a horse ran masterless,<br /> +And mony a comely cheek was pale.</p> + +<p>Willie Scott, the son of Buccleuch, was left dead on the field. When +Harden saw him stretched on the ground “he grat for very rage.”—</p> + +<p class="poem">“But he’s ta’en aff his gude steel cap,<br /> +<span style="margin-left: 1em;">And thrice he’s waved it in the air—</span><br /> +The Dinlay snaw was ne’er mair white<br /> +<span style="margin-left: 1em;">Nor the lyart locks of Harden’s hair.</span><br /> +<br /> +“Revenge! revenge!” Auld Wat ’gan cry;<br /> +<span style="margin-left: 1em;">“Fye, lads, lay on them cruellie!</span><br /> +We’ll ne’er see Teviotside again,<br /> +<span style="margin-left: 1em;">Or Willie’s death revenged sall be.”</span></p> + +<p><span class="pagenum"><a name="Page_250" id="Page_250">[Pg 250]</a></span>The conflict was speedily ended. The Captain of Bewcastle was badly +wounded, and taken prisoner; his house was ransacked, his cattle driven +off, and Jamie Telfer returned to the “Fair Dodhead” with thirty-three +cows instead of ten.—</p> + +<p class="poem">“When they cam’ to the fair Dodhead,<br /> +<span style="margin-left: 1em;">They were a wellcum sight to see!</span><br /> +For instead of his ain ten milk kye,<br /> +<span style="margin-left: 1em;">Jamie Telfer has gotten thirty and three.</span><br /> +<br /> +And he has paid the rescue shot,<br /> +<span style="margin-left: 1em;">Baith wi’ goud and white monie:</span><br /> +And at the burial o’ Willie Scott,<br /> +<span style="margin-left: 1em;">I wat was mony a weeping ee.”</span></p> + +<p> </p> +<p>The eldest son of Wat of Harden was destined to become as famous as his +father, though in a different way. He had evidently, from what we learn of +him, inherited all the reiving tendencies of his race. But the difficulty +of crossing the Border had been considerably increased. Buccleuch, the +Keeper of Liddesdale, had changed his tactics. He had now begun to use his +utmost endeavour to bring about a better understanding, and a better state +of feeling, between the two countries. Willie Scott no doubt realised that +a raid on the English Border, though successful, might now get the whole +family into serious trouble. But the kye “were rowting on the loan and the +lea,” and something had to be done to augment the quickly vanishing herd. +He took into his confidence a farmer, who lived on the banks of the +Ettrick<span class="pagenum"><a name="Page_251" id="Page_251">[Pg 251]</a></span>—William Hogg—well known as the “Wild Boar of Fauldshope.” This +redoubtable reiver was a progenitor of the Ettrick Shepherd, whose family, +it is said, possessed the lands of Fauldshope, under the Scotts of Harden, +for a period of 400 years. He was a man of prodigious strength, courage, +and ferocity, and ever ready for the fray. For some reason or other he had +a strong antipathy to Sir Gideon Murray of Elibank, the picturesque ruins +of whose Castle may still be seen on the banks of the Tweed, a mile or two +above Ashiesteel. That young Harden could have no particular liking for +him is easily understood, as he was one of the men who had been +commissioned by the government to destroy Harden castle as a punishment +for the part taken by his father in the Raid of Falkland. Sir Gideon had a +splendid herd of cattle pasturing on the green slopes above the Tweed, and +so Willie Scott resolved, with the assistance of his powerful coadjutor, +to transfer as many of them as possible to his own pastures. The night was +set, the expedition was carefully planned, and fortune seemed to smile +upon the project. But—</p> + +<p class="poem">The best laid schemes o’ mice and men<br /> +<span style="margin-left: 3.5em;">Gang aft a glee.</span></p> + +<p>Some one was good enough to convey to Sir Gideon a hint of what was on +foot, and he at once took measures to give the thieves, when they came, a +warm reception. After a sharp encounter, Willie Scott was<span class="pagenum"><a name="Page_252" id="Page_252">[Pg 252]</a></span> taken prisoner, +and thrown into the dungeon of the Castle, with his hands and feet +securely bound. He knew quite well the fate which awaited him on the +morrow. He would be led forth to the gallows, and there made to pay the +forfeit of his life. A better lot, however, was in store for him. A good +angel, in the person of Lady Murray, interfered on his behalf. She had +been anxiously considering how she could save his life. Her plans were +speedily formed, and in the morning she ventured to lay them before her +irate husband. As Hogg has humorously described the scene—</p> + +<p class="poem">The lady o’ Elibank raise wi’ the dawn,<br /> +<span style="margin-left: 1em;">An’ she waukened Auld Juden, an’ to him did say,—</span><br /> +“Pray, what will ye do wi’ this gallant young man?”<br /> +<span style="margin-left: 1em;">“We’ll hang him,” quo Juden, “this very same day.”</span><br /> +<br /> +“Wad ye hang sic a brisk an’ gallant young heir,<br /> +<span style="margin-left: 1em;">An’ has three hamely daughters aye suffering neglect?</span><br /> +Though laird o’ the best of the forest sae fair,<br /> +<span style="margin-left: 1em;">He’ll marry the warst for the sake o’ his neck.</span><br /> +<br /> +“Despise not the lad for a perilous feat;<br /> +<span style="margin-left: 1em;">He’s a friend will bestead you, and stand by you still;</span><br /> +The laird maun hae men, an’ the men maun hae meat,<br /> +<span style="margin-left: 1em;">An’ the meat maun be had be the danger what will.”</span></p> + +<p> </p> +<p>The plan thus suggested seemed feasable. It might really be the wisest +course to pursue, at least so Sir Gideon was disposed to think, and no +time was lost in bringing the matter to an issue. Young Scott was at once +brought into the hall, the terms on which his life was to be spared were +briefly stated, and he was<span class="pagenum"><a name="Page_253" id="Page_253">[Pg 253]</a></span> afforded an opportunity of seeing the young +lady whom fortune had thus strangely thrown in his way. One glance +sufficed. The features of Sir Gideon’s daughter, known to fame as +“Muckle-mou’d Meg,” were not attractive. The condemned culprit felt that +even the gallows was preferable to such an objectionable matrimonial +alliance.</p> + +<p class="poem">“Lead on to the gallows, then,” Willie replied,<br /> +<span style="margin-left: 1em;">“I’m now in your power, and ye carry it high;</span><br /> +Nae daughter of yours shall e’er lie by my side;<br /> +<span style="margin-left: 1em;">A Scott, ye maun mind, counts it naething to die.”</span></p> + +<p>These were brave words, bravely spoken. Sir Gideon, however, had made up +his mind as to the course he meant to pursue, and Willie Scott was at once +led forth to make his acquaintance with the “Hanging Tree.” But when he +drew near and saw the fatal rope dangling in the wind, his courage began +to fail him. The prospect was far from inviting, and he pled for a few +days respite to think on his sins, “and balance the offer of freedom so +kind.” But the old laird was inexorable. He simply said to him, “There is +the hangman, and there is the priest, make your choice.” Thus driven to +bay, Willie saw that further parleying would not avail, and so he thought +he had better make the best of a bad business. As he thought over the +matter, he began to discover certain traits in the young lady’s person and +character of a more or less pleasing<span class="pagenum"><a name="Page_254" id="Page_254">[Pg 254]</a></span> description. He concluded that, +after all, he might do worse than wed with the daughter of Elibank.—</p> + +<p class="poem">“What matter,” quo’ he, “though her nose it be lang,<br /> +<span style="margin-left: 1em;">For noses bring luck an’ it’s welcome that brings.</span><br /> +<br /> +There’s something weel-faur’d in her soncy gray een,<br /> +<span style="margin-left: 1em;">But they’re better than nane, and ane’s life is sae sweet;</span><br /> +An’ what though her mou’ be the maist I hae seen,<br /> +<span style="margin-left: 1em;">Faith muckle-mou’d fok hae a luck for their meat.”</span></p> + +<p> </p> +<p>Thus everything ended happily, and young Harden had cause to bless the day +he found himself at the mercy of Sir Gideon Murray of Elibank. Seldom, +indeed, has Border reiver been so beneficently punished!</p> + +<p class="poem">An’ muckle guid bluid frae that union has flowed,<br /> +<span style="margin-left: 1em;">An’ mony a brave fellow, an’ mony a brave feat;</span><br /> +I darena just say they are a’ muckle mou’d,<br /> +<span style="margin-left: 1em;">But they rather have still a guid luck for their meat.</span></p> + +<p> </p> +<p>Such is the tradition, as Hogg has given it in his humourous poem. It goes +without saying that the poet has embellished and enlarged the story to +suit his own purposes. But the tradition has generally been regarded as +having some considerable basis of fact. Satchells, in his History of the +Scotts, thus refers to Auld Wat of Harden and his famous son—</p> + +<p class="poem">“The stout and valiant Walter Scott<br /> +Of Harden who can never die,<br /> +But live by fame to the tenth degree;<br /> +He became both able, strong, and stout,<br /> +Married Philip’s daughter, squire of Dryhope,<br /> +Which was an ancient family,<br /> +<span class="pagenum"><a name="Page_255" id="Page_255">[Pg 255]</a></span>And many broad lands enjoyed he;<br /> +Betwixt these Scotts was procreat,<br /> +That much renowned Sir William Scott,<br /> +I need not to explain his name,<br /> +Because he ever lives by fame;<br /> +He was a man of port and rank,<br /> +He married Sir Gideon Murray’s daughter of Elibank.”</p> + +<p> </p> +<p>The fortunes of other famous reivers have formed the theme of many a +stirring ballad. The so-called historical data on which many of these +ballads are professedly based, may often, no doubt, be truthfully +described as more imaginary than real, nevertheless the picture which the +balladist has drawn is often deeply interesting, and subserves an +important end by indicating the feeling with which these men and their +deeds were usually regarded.</p> + +<p>In a history of Border reiving such side-lights as the ballads afford may +be profitably utilized.</p> + +<p>Maitland, in his celebrated poem on the Thieves of Liddesdale, makes +allusion to a well known character who is known to fame as “Jock o’ the +Syde.” He was nephew to the “Laird of Mangerton,” and cousin to the +“Laird’s Ain Jock,” and had all the enthusiasm of his race for the calling +to which the members of his clan seem to have devoted their somewhat +remarkable talents.—</p> + +<p class="poem">He never tyris<br /> +For to brek byris<br /> +Our muir and myris<br /> +Ouir gude ane guide.</p> + +<p>It is said that he assisted the Earl of Westmoreland<span class="pagenum"><a name="Page_256" id="Page_256">[Pg 256]</a></span> in his escape, after +his unfortunate insurrection with the Earl of Northumberland, in the +twelfth year of the reign of Queen Elizabeth. But according to the +balladist his career, on one occasion, had well nigh terminated +disastrously. In the company of some of his friends he had made a raid +into Northumberland. Here he was taken prisoner by the warden, and thrown +into jail at Newcastle, there to “bide his doom.” He knew that he would +not have long to wait. Not much time was wasted in considering the various +items of the indictment, more especially when the accused was a well-known +thief. “Jeddart justice” was not confined to the small burgh on the +Scottish Border. It was as popular, at that time, in England as anywhere +else, as many a Scottish reiver has known to his cost. The friends of the +prisoner were fully aware that if he was to be saved from the gallows, not +one moment must be lost. A rescue party was speedily organized. The laird +of Mangerton, accompanied by a few friends—the Laird’s Jock, the Laird’s +Wat, and the famous Hobbie Noble (an Englishman who had been banished from +Bewcastle)—started off for Newcastle with all speed, determined to bring +the prisoner back with them, quick or dead. To allay suspicion and avoid +detection, they shod their horses “the wrang way”—putting the tip of the +shoe behind the frog—and arrayed themselves like country lads, or “corn +caugers<small><a name="f104.1" id="f104.1" href="#f104">[104]</a></small> ga’en +the road.” When they reached <span class="pagenum"><a name="Page_257" id="Page_257">[Pg 257]</a></span>Cholerford, near Hexham, +they alighted and cut a tree—“wi’ the help o’ the light o’ the moon”—on +which were fifteen nogs or notches, by which they hoped “to scale the wa’ +o’ Newcastle toun.” But, as so often happened in like circumstances, this +improvised ladder was “three ells too laigh.” Such trifles, however, +rarely ever proved disconcerting. The bold reivers at once determined to +force the gate. A stout porter endeavoured to drive them back, but—</p> + +<p class="poem">“His neck in twa the Armstrongs wrang;<br /> +<span style="margin-left: 1em;">Wi’ fute or hand he ne’er played pa!</span><br /> +His life and his keys at once they hae ta’en,<br /> +<span style="margin-left: 1em;">And cast his body ahint the wa’.”</span></p> + +<p> </p> +<p>The path being now clear they speedily made their way to the prison, where +they found their friend groaning under fifteen stones of Spanish iron +(nothing short of this would have availed to keep a stark Scottish reiver, +fed on oatmeal, within the confines of a prison cell), carried him off, +irons and all, set him on a horse, with both feet on one side, and rode +off with the fleetness of the wind in the direction of Liddesdale:</p> + +<p class="poem">“The night tho’ wat, they didna mind,<br /> +<span style="margin-left: 1em;">But hied them on fu’ merrilie,</span><br /> +Until they cam’ to Cholerford brae,<br /> +<span style="margin-left: 1em;">Where the water ran like mountains hie.”</span></p> + +<p> </p> +<p>Dashing into the stream they soon reached the opposite bank. The English, +who were in hot pursuit, when they reached the Tyne, which was rolling +along<span class="pagenum"><a name="Page_258" id="Page_258">[Pg 258]</a></span> in glorious flood, durst not venture further. They were filled with +chagrin when they saw the prisoner, loaded as he was with fifteen stones +of good Spanish iron, safe on the other side. They had sustained a double +loss. The prisoner was gone, and he had taken his valuable iron chains +with him. The land-sergeant, or warden’s officer, taking in the situation +at a glance, cried aloud—</p> + +<p class="poem"><span style="margin-left: 9em;">“The prisoner take,</span><br /> +But leave the fetters, I pray, to me.”</p> + +<p>To which polite request the Laird’s ain Jock replied—</p> + +<p class="poem"><span style="margin-left: 9em;">“I wat weel no,</span><br /> +I’ll keep them a’; shoon to my mare they’ll be,<br /> +My gude bay mare—for I am sure,<br /> +She bought them a’ right dear frae thee.”</p> + +<p> </p> +<p>No Liddesdale reiver was ever likely to part with anything in a hurry, +least of all to give it up to an Englishman.</p> + +<p>The Armstrongs, almost without exception, were noted thieves. They seem to +have possessed a rare genius for reiving. Their plans were generally so +well formed, and carried out with such a fine combination of daring and +cunning, that the “enemy” almost invariably came off “second best.” One of +the last, and most noted of this reiving clan, was <i>William Armstrong</i>, a +lineal descendant of the famous Johnie of Gilnockie, who was known on the +Borders by the name of <i>Christie’s Will</i>, to distinguish him from the +other members of his family and clan. He flourished<span class="pagenum"><a name="Page_259" id="Page_259">[Pg 259]</a></span> during the reign of +Charles I., a circumstance which shows that moss-trooping did not +altogether cease at the union of the Crowns. It is related that, on one +occasion, Christie’s Will had got into trouble, and was imprisoned in the +Tolbooth of Jedburgh. The Lord High Treasurer, the Earl of Traquair, who +was visiting in the district, was led to enquire as to the cause of his +confinement. The prisoner told him, with a pitiful expression of +countenance, that he had got into grief for stealing two <i>tethers</i> +(halters). The eminent statesman was astonished to hear that such a +trivial offence had been so severely punished, and pressed him to say if +this was the only crime he had committed. He ultimately reluctantly +acknowledged that there were two <i>delicate colts</i> at the end of them! This +bit of pleasantry pleased his lordship, and through his intercession the +culprit was released from his imprisonment.</p> + +<p>It was a fortunate thing for Lord Traquair that he acted as he did. A +short time afterwards he was glad to avail himself of the services of the +man whom he had thus been the means of setting at liberty. The story is +one of the most romantic on record, and amply justifies the adage that +“truth is stranger than fiction.” A case, in which the Earl was deeply +interested, was pending in the Court of Session. It was believed that the +judgment would turn on the decision of the presiding judge, who has a +casting vote in the<span class="pagenum"><a name="Page_260" id="Page_260">[Pg 260]</a></span> case of an equal division among his brethren. It was +known that the opinion of the president was unfavourable to Traquair; and +the point was, therefore, to keep him out of the way when the question +should be tried. In this dilemma the Earl had recourse to Christie’s Will, +who at once offered his services to <i>kidnap</i> the president. He discovered +that it was the judge’s usual practice to take the air on horseback, on +the sands of Leith, without an attendant. One day he accosted the +president, and engaged him in conversation. His talk was so interesting +and amusing that he succeeded in decoying him into an unfrequented and +furzy common, called the Frigate Whins, where, riding suddenly up to him, +he pulled him from his horse, muffled him in a large cloak which he had +provided, and rode off with the luckless judge trussed up behind him. +Hurrying across country as fast as his horse could carry him, by paths +known only to persons of his description, he at last deposited his heavy +and terrified burden in an old castle in Annandale, called the Tower of +Graham. The judge’s horse being found, it was concluded he had thrown his +rider into the sea; his friends went into mourning, and a successor was +appointed to his office. Meanwhile the disconsolate president had a sad +time of it in the vault of the castle. His food was handed to him through +an aperture in the wall, and never hearing the sound of human voice, save +when a<span class="pagenum"><a name="Page_261" id="Page_261">[Pg 261]</a></span> shepherd called his dog, by the name of <i>Batty</i>, and when a female +domestic called upon <i>Maudge</i>, the cat. These, he concluded, were +invocations of spirits, for he held himself to be in the dungeon of a +sorcerer. The law suit having been decided in favour of Lord Traquair, +Christie’s Will was directed to set the president at liberty, three months +having elapsed since he was so mysteriously spirited away from the sands +at Leith. Without speaking a single word, Will entered the vault in the +dead of night, again muffled up in the president’s cloak, set him on a +horse, and rode off with him to the place where he had found him. The joy +of his friends, and the less agreeable surprise of his successor, may be +more easily imagined than described, when the judge appeared in court to +reclaim his office and honours. All embraced his own persuasion that he +had been spirited away by witchcraft; nor could he himself be convinced to +the contrary, until, many years afterwards, happening to travel in +Annandale, his ears were saluted once more with the sounds of <i>Maudge</i> and +<i>Batty</i>—the only notes which had reached him during his long confinement. +This led to the discovery of the whole story, but in those disorderly +times it was only laughed at as a fair <i>ruse de guerre</i>.<small><a name="f105.1" id="f105.1" href="#f105">[105]</a></small></p> + +<p>The victim of this extraordinary stratagem was Sir Alexander Gibson, +better known as Lord Durie. He <span class="pagenum"><a name="Page_262" id="Page_262">[Pg 262]</a></span>became a Lord of Session in 1621, and died +in 1646, so that the incident here related must have taken place betwixt +these periods.</p> + +<p>The version of this incident, given in the well, known ballad “Christie’s +Will,” if not so romantic as the foregoing, is certainly more amusing. The +balladist represents Lord Traquair as “sitting mournfullie,” afraid lest +the vote of the Court of Session would make him bare at once of land and +living—</p> + +<p class="poem">“But if auld Durie to heaven were flown,<br /> +<span style="margin-left: 1em;">Or if auld Durie to hell were gane,</span><br /> +Or ... if he could be but ten days stoun ...<br /> +<span style="margin-left: 1em;">My bonnie braid lands would still be my ain.</span></p> + +<p> </p> +<p>At this juncture Christie’s Will offers his services—</p> + +<p class="poem">“O, mony a time, my Lord,” he said,<br /> +<span style="margin-left: 1em;">“I’ve stown the horse frae the sleeping loun;</span><br /> +But for you I’ll steal a beast as braid,<br /> +<span style="margin-left: 1em;">For I’ll steal Lord Durie frae Edinburgh toun.”</span><br /> +<br /> +“O, mony a time, my Lord,” he said,<br /> +<span style="margin-left: 1em;">“I’ve stown a kiss frae a sleeping wench;</span><br /> +But for you I’ll do as kittle a deed,<br /> +<span style="margin-left: 1em;">For I’ll steal an auld lurdane off the bench.”</span><br /> +<br /> +He lighted at Lord Durie’s door,<br /> +<span style="margin-left: 1em;">And there he knocked maist manfullie;</span><br /> +And up and spake Lord Durie sae stour,<br /> +<span style="margin-left: 1em;">“What tidings, thou stalwart groom, to me?”</span><br /> +<br /> +“The fairest lady in Teviotdale,<br /> +<span style="margin-left: 1em;">Has sent, maist reverent sir, for thee.</span><br /> +She pleas at the Session for her land a’ hail,<br /> +<span style="margin-left: 1em;">And fain she would plead her cause to thee.”</span><br /> +<br /> +“But how can I to that lady ride<br /> +<span style="margin-left: 1em;">With saving of my dignitie?”</span><br /> +<span class="pagenum"><a name="Page_263" id="Page_263">[Pg 263]</a></span>“O a curch and mantle ye may wear,<br /> +<span style="margin-left: 1em;">And in my cloak ye sall muffled be.”</span><br /> +<br /> +Wi’ curch on head, and cloak ower face,<br /> +<span style="margin-left: 1em;">He mounted the judge on a palfrey fyne;</span><br /> +He rode away, a right round pace,<br /> +<span style="margin-left: 1em;">And Christie’s Will held the bridle reyne.</span><br /> +<br /> +The Lothian Edge they were not o’er,<br /> +<span style="margin-left: 1em;">When they heard bugles bauldly ring,</span><br /> +And, hunting over Middleton Moor,<br /> +<span style="margin-left: 1em;">They met, I ween, our noble king.</span><br /> +<br /> +When Willie looked upon our king,<br /> +<span style="margin-left: 1em;">I wot a frightened man was he!</span><br /> +But ever auld Durie was startled more,<br /> +<span style="margin-left: 1em;">For tyning of his dignitie.</span><br /> +<br /> +The king he crossed himself, I wis,<br /> +<span style="margin-left: 1em;">When as the pair came riding bye—</span><br /> +“An uglier croon, and a sturdier loon,<br /> +<span style="margin-left: 1em;">I think, were never seen with eye.”</span><br /> +<br /> +Willie has hied to the tower of Græme,<br /> +<span style="margin-left: 1em;">He took auld Durie on his back,</span><br /> +He shot him down to the dungeon deep,<br /> +<span style="margin-left: 1em;">Which garr’d his auld banes gae mony a crack.</span><br /> +<span class="spacer">·</span><span class="spacer">·</span><span class="spacer">·</span><span class="spacer">·</span><span class="spacer">·</span><span class="spacer">·</span><br /> +The king has caused a bill be wrote,<br /> +<span style="margin-left: 1em;">And he has set it on the Tron—</span><br /> +“He that will bring Lord Durie back<br /> +<span style="margin-left: 1em;">Shall have five hundred merks and one.”</span><br /> +<br /> +Traquair has written a braid letter,<br /> +<span style="margin-left: 1em;">And he has seal’d it wi’ his seal,</span><br /> +“Ye may let the auld Brock out o’ the poke;<br /> +<span style="margin-left: 1em;">The land’s my ain, and a’s gane weel.”</span><br /> +<br /> +O Will has mounted his bony black,<br /> +<span style="margin-left: 1em;">And to the tower of Græme did trudge,</span><br /> +And once again, on his sturdy back,<br /> +<span style="margin-left: 1em;">Has he hente up the weary judge.</span><br /> +<span class="pagenum"><a name="Page_264" id="Page_264">[Pg 264]</a></span><br /> +He brought him to the Council stairs,<br /> +<span style="margin-left: 1em;">And there full loudly shouted he,</span><br /> +“Gie me my guerdon, my sovereign liege,<br /> +<span style="margin-left: 1em;">And take ye back your auld Durie!”</span></p> + +<p> </p> +<p>Important as this service was, it was not the only one that Christie’s +Willie rendered to the Earl of Traquair. He was sent, on one occasion, +with important papers to Charles I., and received an answer to deliver, +which he was strictly charged to place in the hands of his patron. “But in +the meantime,” says Sir Walter Scott, “his embassy had taken air, and +Cromwell had despatched orders to entrap him at Carlisle. Christie’s Will, +unconscious of his danger, halted in the town to refresh his horse, and +then pursued his journey. But as soon as he began to pass the long, high, +and narrow bridge that crosses the Eden at Carlisle, either end of the +pass was occupied by parliamentary soldiers, who were lying in wait for +him. The Borderer disdained to resign his enterprise, even in these +desperate circumstances; and at once forming his resolution, spurred his +horse over the parapet. The river was in high flood. Will sunk—the +soldiers shouted—he emerged again, and, guiding his horse to a steep +bank, called the Stanners, or Stanhouse, endeavoured to land, but +ineffectually, owing to his heavy horseman’s cloak, now drenched in water. +Will cut the loop, and the horse, feeling himself disembarrassed, made a +desperate exertion, and succeeded in gaining the bank. Our hero set off, +at<span class="pagenum"><a name="Page_265" id="Page_265">[Pg 265]</a></span> full speed, pursued by the troopers, who had for a time stood +motionless in astonishment, at his temerity. Will, however, was well +mounted; and, having got the start, he kept it, menacing with his pistols, +any pursuer who seemed likely to gain on him—an artifice which succeeded, +although the arms were wet and useless. He was chased to the river Esk, +which he swam without hesitation, and, finding himself on Scottish ground, +and in the neighbourhood of friends, he turned on the northern bank, and +with the true spirit of the Borderer, invited his followers to come +through and drink with him. After this taunt he proceeded on his journey, +and faithfully accomplished his mission.”<small><a name="f106.1" id="f106.1" href="#f106">[106]</a></small></p> + +<p>If Christie’s Will may be regarded as the last Border freebooter of any +note, it is evident that the peculiar genius of the family to which he +belonged survived in full vigour to the end.</p> + +<p>But the last of the Armstrongs who paid the penalty of death for his +misdeeds was <i>Willie of Westburnflat</i>. It is said that a gentleman of +property, having lost twelve cows in one night, raised the country of +Teviotdale, and traced the robbers into Liddesdale, as far as the house of +Westburnflat. Fortunately, perhaps, for his pursuers, Willie was asleep +when they came, and consequently without much difficulty they secured him, +and nine of his friends. They were tried in <span class="pagenum"><a name="Page_266" id="Page_266">[Pg 266]</a></span>Selkirk, and though the jury +did not discover any direct evidence against them to convict them of the +special fact, they did not hesitate to bring in a verdict of guilty, on +the ground of their general character as “notour thieves and limmers.” +When sentence was pronounced, Willie sprang to his feet, and laying hold +of the oaken chair on which he had been sitting, broke it in pieces, and +called on his companions who were involved in the same doom, to stand +behind him and he would fight his way out of Selkirk with these weapons. +But, strange to relate, they held his hands, and besought him to let them +<i>die like Christians</i>. They were accordingly executed in due form of law. +This incident is said to have happened at the last circuit court held in +Selkirk.<small><a name="f107.1" id="f107.1" href="#f107">[107]</a></small></p> + +<p>Willie Armstrong, as he stood under the gallows-tree, might appropriately +have sung the lines composed by <i>Ringan’s Sandi</i>, a relative of his own, +who was executed for the murder of Sir John Carmichael, the warden of the +Middle Marches—</p> + +<p class="poem">This night is my departing night,<br /> +<span style="margin-left: 1em;">For here nae langer must I stay;</span><br /> +There’s neither friend nor foe o’ mine,<br /> +<span style="margin-left: 1em;">But wishes me away.</span><br /> +<br /> +What I have done through lack of wit,<br /> +<span style="margin-left: 1em;">I never, never can recall;</span><br /> +I hope ye’re a’ my friends as yet;<br /> +<span style="margin-left: 1em;">Good night, and joy be with you all!</span></p> + + +<p> </p><p> </p> +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_267" id="Page_267">[Pg 267]</a></span></p> +<h2><a name="XIV" id="XIV"></a>XIV.</h2> +<h3>UNDER THE BAN.</h3> + +<table border="0" cellpadding="0" cellspacing="5" summary="XIV"> +<tr><td>The Cardinal rose with a dignified look,<br /> +He called for his candle, his bell, and his book!<br /> +In holy anger, and pious grief,<br /> +He solemnly cursed that rascally thief!<br /> +He cursed him at board, he cursed him in bed;<br /> +From the sole of his foot to the crown of his head;<br /> +He cursed him in sleeping, that every night<br /> +He should dream of the devil, and wake in a fright;<br /> +He cursed him in eating, he cursed him in drinking,<br /> +He cursed him in coughing, in sneezing, in winking;<br /> +He cursed him in sitting, in standing, in lying;<br /> +He cursed him in walking, in riding, in flying;<br /> +He cursed him in living, he cursed him in dying!<br /> +Never was heard such a terrible curse!<br /> +But what gave rise to no little surprise,<br /> +Nobody seemed one penny the worse.</td></tr> +<tr><td><span style="margin-left: 10em;"><span class="smcap">The Jackdaw of Rheims.</span></span></td></tr></table> + +<p> </p> +<p><span class="dropfig"><img src="images/drop_a.jpg" alt="A" /></span>s might be expected, the existence of such an extraordinary phenomenon as +Border reiving did not escape the attention of the Church. Such a peculiar +state of affairs could not be regarded with favour, or treated with +indifference. It may be said, no doubt, that the continued existence of +such an abnormally lawless and chaotic condition of society on the Borders +indicated that the ecclesiastical<span class="pagenum"><a name="Page_268" id="Page_268">[Pg 268]</a></span> authorities were either singularly +inept, or reprehensibly careless. Why was some attempt not made long +before to curb the lawless spirit of the Border reivers? With the +exception of the “monition of cursing” by Gavin Dunbar, Archbishop of +Glasgow, little or nothing seems to have been done by the Church to stem +the tide of Border lawlessness.</p> + +<p>In dealing, however, with this phase of the question, there are several +considerations which ought to be borne in mind. First of all, it ought to +be remembered that while Border reiving was carried on with more or less +persistence for some hundreds of years it did not attain really portentous +dimensions till well on towards the close of the fifteenth century. Prior +to the time of the Jameses, the two countries may be said to have been +almost constantly at war. Invasion followed invasion, on the one side and +on the other, with a kind of periodic regularity. From the time of James +I., onwards to the union of the Crowns in 1603, such invasions, at least +on the same large and destructive scale, became less frequent; though, in +the intervals of peace, the Borderers kept themselves busy harassing and +despoiling each other. This period of comparative calm, it may be +remarked, is also synchronous with the decadence of Romanism. From the +time of Queen Margaret, of pious memory, to the death of Robert III., the +Romish Church enjoyed a period of signal prosperity. Abbeys and<span class="pagenum"><a name="Page_269" id="Page_269">[Pg 269]</a></span> +monasteries, many of them buildings of great architectural beauty, were +erected in different parts of the country, and became important centres of +moral and religious authority and influence. Whatever opinion may be +entertained regarding Romanism, whether regarded from an ecclesiastical or +theological standpoint, the majority of fairly unprejudiced students will +be ready to admit that the system was, in many respects, admirably adapted +to the circumstances of the country at that particular stage of its +development. A strong hand was needed to curb and guide the lawless and +turbulent factions of which the nation was composed. It is more than +doubtful if, under any other ecclesiastical system—bad as things +were—the same beneficent results would have been attained.</p> + +<p>But powerful as the Romish Church was in the country, in the heyday of its +prosperity, it never attained the same undisputed sway in Scotland which +marked its history in other countries, especially on the Continent. The +reason of this is not difficult to discover, though it must be sought for +far back in the religious history of the people. The Celtic Church, +founded by St. Columba, was neither in doctrine nor polity exactly on +Roman Catholic lines. It sought in the East rather than in the West, in +Ephesus rather than Rome, its ideals of worship and doctrine. Romanism +succeeded in establishing itself only after a long and arduous struggle. +And when at last<span class="pagenum"><a name="Page_270" id="Page_270">[Pg 270]</a></span> victory had been achieved, and the Church in Scotland +had been Romanized, it was discovered that while the form had changed, the +spirit of the older Church still survived, and when occasion arose, made +itself felt in no uncertain manner. There can be no question that the +influence of the Celtic Church continued long after the Church itself had +passed away. It is a noteworthy fact that neither the rulers of the +people, nor those over whom they exercised authority, were prepared to +submit <ins class="correction" title="original reads 'implicity'">implicitly</ins> to the dictation of the Romish see. Their obedience to +the great temporal head of the Catholic religion was never either servile +or unlimited. They were prepared to take their own way in many things, +treating often with much indifference the fulminations of their spiritual +superiors. Many illustrations of this tendency may be found in the history +of the country. On one occasion, for example, William the Lion appointed +his chaplain to the Bishopric of St. Andrews. An English monk was chosen +by the Chapter to the same office, and thus a complete deadlock was +brought about. What was to be done? The ecclesiastical authorities +appealed to the Pope, who was indignant when he learned that the authority +of the Church was being thus rudely trampled upon. He conferred legatine +powers on the Archbishop of York, and the Bishop of Durham, to “direct the +thunder of excommunication” against the King in<span class="pagenum"><a name="Page_271" id="Page_271">[Pg 271]</a></span> the event of contumacy. +But notwithstanding the extreme gravity of the situation the King +stubbornly refused to yield. He not only set the papal authority at +defiance, but he banished from the country those who dared to yield to the +papal favourite.</p> + +<p>This is not, by any means, an isolated instance of stubborn and successful +resistance to the authority of the Church. The same thing, in other +circumstances, occurred again and again, with the result that the terrors +of excommunication ceased to be dreaded.</p> + +<p>This, of course, was especially the case during the decadent period of the +Catholic <i>regime</i>. There are numerous indications in the literature of the +fifteenth and sixteenth centuries of this weakening of the ecclesiastical +authority. The picture which Sir David Lindsay has drawn of the condition +of the Church at this period is no mere spiteful exaggeration, but may be +accepted as substantially accurate. Nothing could well more clearly +indicate how thoroughly the Church had failed to keep in touch with the +intellectual life of the nation, or guide and control its moral and +spiritual activities.</p> + +<p>It was during this period of weakness, almost of total moral collapse, +that the Archbishop of Glasgow took it upon him to excommunicate the +Border thieves. Had the same vigorous measure been adopted at an earlier +period, the result might have been more favourable. As it was, the +launching of<span class="pagenum"><a name="Page_272" id="Page_272">[Pg 272]</a></span> this ecclesiastical thunderbolt really created more +amusement than consternation. It was regarded simply as the growl of a +toothless lion. In no circumstances were the Border reivers easily +intimidated. Their calling had made them more or less indifferent to the +claims alike of Church and State. They had never had much affection for +the king, and they had, perhaps, still less for the priest. Having shaken +themselves free, to a large extent at least, from the control of the +State, they were not prepared to put their neck under the yoke of an +ecclesiastical authority which even the best men of the age had ceased to +venerate. But the Archbishop felt that he had a duty to discharge, and he +applied himself to the task with commendable vigour. It may be well to +explain that there are two forms of excommunication—<i>excommunicatio +major</i> and <i>excommunicatio minor</i>. The former mode of excommunication is +one of which we in these days happily know nothing, as it can only be +effectively carried out with the approval and assistance of the State, +which in modern times would never be granted. But the latter form is still +common. It has been retained in the Church as a point of discipline, or, +to use a well known and significant theological phrase, as a <i>poena +medicinalis</i>. The major excommunication was a frightful weapon, and might +well be dreaded. Those who suffered the greater excommunication were +excluded from the Mass, from burial in consecrated<span class="pagenum"><a name="Page_273" id="Page_273">[Pg 273]</a></span> ground, from +ecclesiastical jurisdiction, and practically from all intercourse with +their fellow Christians. They were, in short, handed over body and soul to +the devil.</p> + +<p>The “Monition of Cursing,” issued by the Archbishop of Glasgow against the +Border thieves, was ordered to be read from every pulpit in the diocese, +and circulated throughout the length and breadth of the Borders. It is a +curious document, and will, doubtless, be read with interest, if not with +profit. It was expressed in the following terms:—</p> + +<p>“<span class="smcap">Gude folks</span>, heir at my Lord Archibischop of Glasgwis letters under his +round sele, direct to me or any uther chapellane, makand mensioun, with +greit regrait, how hevy he beris the pietous, lamentabill, and dolorous +complaint that pass our all realme and cummis to his eris, be oppin voce +and fame, how our souverane lordis trew liegis, men, wiffis and barnys, +bocht and redemit be the precious blude of our Salviour Jhesu Crist, and +levand in his lawis, ar saikleslie<small><a name="f108.1" id="f108.1" href="#f108">[108]</a></small> part murdrist, part slayne, brynt, +heryit, spulzeit and reft, oppinly on day licht and under silens of the +nicht, and thair takis<small><a name="f109.1" id="f109.1" href="#f109">[109]</a></small> and landis laid waist, and thair self banyst +therfra, als wele kirklandis as utheris, be commoun tratouris, +revaris,<small><a name="f110.1" id="f110.1" href="#f110">[110]</a></small> theiffis, +duelland in the south part of this realme, sic as<span class="pagenum"><a name="Page_274" id="Page_274">[Pg 274]</a></span> +Tevidale, Esdale, Liddisdale, Ewisdale, Nedisdale, and Annanderdaill; +quhilkis hes bene diverse ways persewit and punist be the temperale swerd +and our Soverane Lordis auctorite, and dredis nocht the samyn.</p> + +<p>“And thairfoir my said Lord Archibischop of Glasgw hes thocht expedient to +strike thame with the terribill swerd of halykirk, quhilk thai may nocht +lang endur and resist; and hes chargeit me, or any uther chapellane, to +denounce, declair and proclame thaim oppinly and generalie cursit, at this +marketcroce, and all utheris public places.</p> + +<p>“Heirfor throw the auctorite of Almichty God, the Fader of hevin, his Son, +our Salviour, Jhesu Crist, and of the Halygaist; throw the auctorite of +the Blissit Virgin Sanct Mary, Sanct Michael, Sanct Gabriell, and all the +angellis; Sanct John the Baptist, and all the haly patriarkis and +prophets; Sanct Peter, Sanct Paull, Sanct Andro, and all haly appostillis; +Sanct Stephin, Sanct Laurence, and all haly mertheris<small><a name="f111.1" id="f111.1" href="#f111">[111]</a></small>; Sanct Gile, +Sanct Martyn, and all haly confessouris; Sanct Anne, Sanct Katherin, and +all haly virginis and matronis; and of all the sanctis and haly cumpany of +hevin; be the auctorite of our Haly Fader the Paip and his cardinalis, and +of my said Lord Archibischop of Glasgw, be the avise and assistance of my +lordis, archibischop, bischopis,<span class="pagenum"><a name="Page_275" id="Page_275">[Pg 275]</a></span> abbotis, priouris, and utheris prelatis +and ministeris of halykirk, I <span class="smcap">denounce</span>, <span class="smcap">proclamis</span>, and <span class="smcap">declaris</span> all and +sindry the committaris of the said saikles murthris, slauchteris, +brinying, heirschippes, reiffis, thiftis, and spulezeis, oppinly apon day +licht and under silence of nicht, alswele within temporale landis as +kirklandis; togither with thair part takaris, assistaris, supplearis, +wittandlie resettaris of thair personis, the gudes reft and stollen be +thaim, art or part thereof, and their counsalouris and defendouris, of +thair evil dedis generalie cursit, waryit,<small><a name="f112.1" id="f112.1" href="#f112">[112]</a></small> aggregeite, and +reaggregeite, with the greit cursing.</p> + +<p>“I <span class="smcap">curse</span> thair heid and all the haris of thair heid; I <span class="smcap">curse</span> thair face, +thair ene, thair mouth, thair neise, thair toung, thair teith, thair crag, +thair schulderis, thair breist, thair hert, thair stomok, thair bak, thair +wame, thair armes, thair leggis, thair handis, thair feit, and everilk +part of thair body, frae the top of thair heid to the soill of thair feit, +befoir and behind, within and without. I <span class="smcap">curse</span> thaim gangand, and I <span class="smcap">curse</span> +thaim rydand; I <span class="smcap">curse</span> thaim standand, and I <span class="smcap">curse</span> thaim sittand; I <span class="smcap">curse</span> +thaim etand, I <span class="smcap">curse</span> thaim drinkand; I <span class="smcap">curse</span> +thaim walkand,<small><a name="f113.1" id="f113.1" href="#f113">[113]</a></small> I <span class="smcap">curse</span> +thaim sleepand; I <span class="smcap">curse</span> thaim rysand, I <span class="smcap">curse</span> thaim lyand; I <span class="smcap">curse</span> thaim +at hame, I <span class="smcap">curse</span> thaim fra hame; I <span class="smcap">curse</span> thaim within the house, I <span class="smcap">curse</span> +thaim without the house; I <span class="smcap">curse</span> thair wiffis,<span class="pagenum"><a name="Page_276" id="Page_276">[Pg 276]</a></span> thair banris, and thair +servandis participand with thaim in thair deides. I <span class="smcap">wary</span><small><a name="f114.1" id="f114.1" href="#f114">[114]</a></small> thair +cornys, thair catales, thair woll, thair scheip, thair horse, thair swyne, +thair geise, thair hennys, and all thair quyk gude.<small><a name="f115.1" id="f115.1" href="#f115">[115]</a></small> I <span class="smcap">wary</span> thair +hallis, thair chalmeris, thair kechingis, thair stabillis, thair barnys, +thair biris, thair bernyardis, thair cailyardis, thair plewis, thair +harrowis, and the gudis and housis that is necessair for thair +sustentatioun and weilfair. All the malesouns and waresouns<small><a name="f116.1" id="f116.1" href="#f116">[116]</a></small> that ever +gat warldlie creatur sen the begynnyng of the warlde to this hour mot +licht apon thaim. The maledictioun of God, that lichtit apon Lucifer and +all his fallowis, that strak thaim frae the hie hevin to the deip hell, +mot licht apon thaim. The fire and the swerd that stoppit Adam fra the +yettis of Paradise, mot stop thaim frae the gloir of Hevin, quhill<small><a name="f117.1" id="f117.1" href="#f117">[117]</a></small> +thai forbere and mak amendis. The malesoun that lichtit on cursit Cayein, +quhen he slew his bruther just Abell saiklessly, mot licht on thaim for +the saikles slauchter that thai commit dailie. The maledictioun that +lichtit apon all the warlde, man and beist, and all that ever tuk life, +quhen all wes drownit be the flude of Noye, except Noye and his ark, mot +licht apon thame and droune thame, man and beist, and mak this realm +cummirles<small><a name="f118.1" id="f118.1" href="#f118">[118]</a></small> of thame for thair wicket synnys. The thunnour and +fireflauchtis<small><a name="f119.1" id="f119.1" href="#f119">[119]</a></small> +that<span class="pagenum"><a name="Page_277" id="Page_277">[Pg 277]</a></span> ξet doun as rane apon the cities of +Zodoma and Gomora, with all the landis about, and brynt thame for thair +vile synnys, mot rane apon thame, and birne thaim for oppin synnys. The +malesoun and confusioun that lichtit on the Gigantis for thair oppressioun +and pride, biggand the tour of Babiloun, mot confound thaim and all thair +werkis, for thair oppin reiffs and oppressioun. All the plagis that fell +apon Pharao and his pepill of Egipt, thair landis, corne and cataill, mot +fall apon thaim, thair takkis, rowmys<small><a name="f120.1" id="f120.1" href="#f120">[120]</a></small> and stedingis, cornys and +beistis. The watter of Tweid and utheris watteris quhair thai ride mot +droun thaim, as the Reid Sey drownit King Pharao and his pepil of Egipt, +persewing Godis pepill of Israell. The erd mot oppin, riffe and +cleiff,<small><a name="f121.1" id="f121.1" href="#f121">[121]</a></small> and swelly +thaim quyk<small><a name="f122.1" id="f122.1" href="#f122">[122]</a></small> to hell, as it swellyit cursit +Dathan and Abiron, that ganestude Moeses and the command of God. The wyld +fyre that byrnt Thore and his fallowis to the nowmer of twa hundreth and +fyty, and utheris 14,000 and 700 at anys, usurpand aganis Moyses and +Araon, servandis of God, mot suddanely birne and consume thaim dailie +ganestandand the commandis of God and halykirk. The maledictioun that +lichtit suddanely upon fair Absolon, rydand contrair his fader, King +David, servand of God, throw the wod, quhen the branchis of ane tre +fred<small><a name="f123.1" id="f123.1" href="#f123">[123]</a></small> him of his +horse and hangit<span class="pagenum"><a name="Page_278" id="Page_278">[Pg 278]</a></span> him be the hair, mot licht apon +thaim, rydand agane trewe Scottis men, and hang thaim siclike that all the +warld may se. The maledictioun that lichtit apon Olifernus, lieutenant to +Nabogodonoser, makand weir and heirschippis apon trew cristin [<i>sic</i>] men; +the maledictioun that lichtit apon Judas, Pylot, Herod, and the Jowis that +crucifyit Our Lord, and all the plagis and trublis that lichtit on the +citte of Jherusalem thairfor, and upon Symon Magus for his symony, bludy +Nero, cursit Ditius Makcensius, Olibruis, Julianus, Apostita and the laiff +of the cruell tirrannis that slew and murthirit Cristis haly servandis, +mot licht apon thame for thair cruell tiranny and murthirdome of cristin +pepill. And all the vengeance that ever wes takin sen the warlde began for +oppin synnys, and all the plagis and pestilence that ever fell on man or +beist, mot fall on thaim for thair oppin reiff, saiklesse slauchter and +schedding of innocent blude. I <span class="smcap">dissever</span> and <span class="smcap">pairtis</span> thaim fra the kirk of +God, and deliveris thaim quyk to the devill of hell, as the Apostill Sanct +Paull deliverit Corinthion. I <span class="smcap">interdite</span> the places thay cum in fra divine +service, ministracioun of the sacramentis of halykirk, except the +sacrament of baptissing allanerllie;<small><a name="f124.1" id="f124.1" href="#f124">[124]</a></small> and forbiddis all kirkmen to +schriffe or absolve thaim of thaire synnys, quhill<small><a name="f125.1" id="f125.1" href="#f125">[125]</a></small> they be first +absolyeit of this cursing. I <span class="smcap">forbid</span> all cristin man or woman till have +ony<span class="pagenum"><a name="Page_279" id="Page_279">[Pg 279]</a></span> cumpany with thaime, etand, drynkand, spekand, prayand, lyand, +gangand, standand, or in any uther deid doand, under the paine of deidly +syn. I <span class="smcap">discharge</span> all bandis, actis, contractis, athis, and obligatiounis +made to thaim be ony persounis, outher of lawte,<small><a name="f126.1" id="f126.1" href="#f126">[126]</a></small> kyndenes or manrent, +salang as thai susteine this cursing; sua that na man be bundin to thaim, +and that thai be bundin till all men. I <span class="smcap">tak</span> fra thame and cryis doune all +the gude dedis that ever thai did or sall do, quhill thai ryse frae this +cursing. I <span class="smcap">declare</span> thaim partles<small><a name="f127.1" id="f127.1" href="#f127">[127]</a></small> of all matynys, messis, evinsangis, +dirigeis or utheris prayeris, on buke or beid; of all pilgrimagis and +almouse dedis done or to be done in halykirk or be cristin pepill, +enduring this cursing.</p> + +<p>“And, finally, I <span class="smcap">condemn</span> thaim perpetualie to the deip pit of hell, to +remain with Lucifeir and all his fallowis, and thair bodeis to the +gallowis of the Burrow Mure, first to be hangit, syne revin and ruggit +with doggis, swyne and utheris wyld beists, abhominable to all the warld. +And thir candillis gangis frae your sicht, as mot<small><a name="f128.1" id="f128.1" href="#f128">[128]</a></small> thair saulis gang +fra the visage of God, and thair gude fame fra the warld, quhill thai +forbeir thair oppin synnys foirsaidis and ryse frae this terribill +cursing, and mak satisfaction and pennance.”<small><a name="f129.1" id="f129.1" href="#f129">[129]</a></small></p> + + +<p> </p><p> </p> +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_280" id="Page_280">[Pg 280]</a></span></p> +<h2><a name="XV" id="XV"></a>XV.</h2> +<h3>THE TRIUMPH OF LAW.</h3> + +<table border="0" cellpadding="0" cellspacing="5" summary="XV"> +<tr><td>’Tis clear a freebooter doth live in hazard’s train,<br /> +A freebooter’s a cavalier that ventures life for gain,<br /> +But since King James the Sixth to England went,<br /> +There’s been no cause of grief or discontent,<br /> +And he that hath transgressed the law since then,<br /> +Is no freebooter but a thief from men.</td></tr> +<tr><td><span style="margin-left: 14em;"><span class="smcap">Satchell.</span></span></td></tr></table> + +<p> </p> +<p><span class="dropfig"><img src="images/drop_w.jpg" alt="W" /></span>hen we turn our attention to the study of the causes which ultimately +resulted in the abolition of Border reiving, we find that this desirable +end was brought about, to a considerable extent at least, by a change of +environment. Conditions were gradually created which made the old system +not only undesirable, but unnecessary, both from a political and economic +point of view. An important step was taken when Buccleuch, at the +instigation of “the powers that be,” drafted off large numbers of the +“broken men” to the Belgic wars. In the campaigns which were then being +conducted in the Low Countries, these hardy, valiant Borderers no doubt +gave a good account of themselves; but, so far as can be ascertained, few +of them ever returned to<span class="pagenum"><a name="Page_281" id="Page_281">[Pg 281]</a></span> “tell the tale.” Still more drastic measures +were adopted in order to get rid of the Græmes, who inhabited the +Debateable land, and whose depredations had provoked a bitter feeling of +resentment on both sides of the Border. It seemed hopeless to expect any +improvement in their habits so long as they were allowed to remain where +they were, and so they were banished from the country, shipped across the +channel to the Emerald Isle, where it is to be hoped they found a +congenial sphere, and sufficient scope for their abilities. Perhaps in +course of time they settled down to a more orderly, if less exciting, mode +of life than that to which they had hitherto been accustomed.</p> + +<p>But, notwithstanding the removal of these lawless men from the Borders, it +was found that those who had been left at home were either unwilling or +unable to abandon their reiving habits. The disease had long been chronic, +and those responsible for the government of the country began to realise +that the cure was not to be effected in any instantaneous fashion. Time +and patience were alike necessary in order to the successful +accomplishment of the end desiderated. The task of restoring order, more +especially in the Liddesdale district, was committed to the able hands of +the “Bold Buccleuch.” When he returned from abroad he was invested with +the most arbitrary powers to execute justice on the<span class="pagenum"><a name="Page_282" id="Page_282">[Pg 282]</a></span> malefactors, and he +went about his work in the most resolute and business-like manner. Well +known thieves were apprehended and immediately put to death. There were no +prisons to lodge them in, and as it would have been, in most cases, a +sheer waste of time to subject them to any form of trial—most of them +being well known depredators who gloried in their crimes—they were +executed without ceremony. In this way large numbers of the worst +characters were disposed of, and a wholesome fear created in the minds of +those who were fortunate enough to escape the gallows. If Buccleuch, in +his rash and impetuous youth, was responsible for much of the mischief +done on the Borders, he amply atoned for his indiscretions by the splendid +services he now rendered to the State in suppressing lawlessness, and +inaugurating, in this distracted region, the reign of law and order. His +name will remain indissolubly associated with one of the most eventful and +stirring periods in Border history, and we feel certain that the fame of +his prowess will not suffer from a more minute acquaintance with the +varied incidents of his remarkable career.</p> + +<p>But the main factors in the social and moral regeneration of the Borders +were—</p> + +<div class="blockquot"><p>(1) The Union of the Crowns.</p> +<p>(2) The Planting of Schools.</p> +<p>(3) The Restoration of the Church.</p></div> + +<p> </p> +<p><span class="pagenum"><a name="Page_283" id="Page_283">[Pg 283]</a></span>This order may not represent, and we do not think it does represent, the +relative value of the influences which produced the radical and +significant change which now took place in the habits and life of the +people on both sides of the Border. But it will best suit our purpose to +consider these agencies in the order stated.</p> + +<p>For a period of wellnigh four hundred years it had been the ambition of +successive English monarchs to reduce Scotland to a state of vassalage. +From the time of Edward this object was never altogether lost sight of. +Again and again the project seemed on the eve of accomplishment, but some +untoward event always occurred to render the scheme abortive. Doubtless, +had the union of the Crowns taken place at an earlier period, both +countries would have escaped some unpleasant and regrettable experiences. +There can be no doubt that the hostility which marked the relationships of +the two nations, had—at least from an economic point of view—an +injurious effect on the people of Scotland. Industry in all its branches +was crippled by the constant turmoil which prevailed. The Scottish kings, +moreover, were “cribb’d, cabin’d, confin’d” by the ambitions and +jealousies of a turbulent and factious nobility, who, in their relations +to the State, were too frequently dominated by unpatriotic and selfish +motives. Had it been possible for the sovereign to lay a strong hand on +his nobles,<span class="pagenum"><a name="Page_284" id="Page_284">[Pg 284]</a></span> and compel them to pay more regard to imperial interests than +to their own private ends and petty jealousies, all might have been well. +But such a course was often practically impossible. The barons were all +powerful within their own domain, and when it served their purposes they +seldom hesitated even to usurp the authority of the king. This abnormal +condition of affairs made the government of the country a matter of +extreme difficulty, and gave rise to endless trouble and vexation. No +doubt it may legitimately be argued that, painful as this state of matters +undoubtedly was, it was after all better that the Scottish nation should +have retained its independence, with all the drawbacks attaching thereto, +than that it should have conceded the demand of England for annexation. +The difficulties of the situation were the making of the people. This may +be frankly admitted. But, at the same time, it was a good thing for the +country when at last the Scottish king ascended the English throne, and +became the ruler of both nations. A new era was thus inaugurated, an era +of progressive wellbeing in nearly every department of national life.</p> + +<p>It is worthy of note that, for a few years before James succeeded to the +throne of England, his feeling towards the Scottish Borderers had become +considerably modified. Whether this was due to the influence of the +reproachful letters on the state of the Borders<span class="pagenum"><a name="Page_285" id="Page_285">[Pg 285]</a></span> addressed to him by +Elizabeth, or to the additional subsidy of £2000 per annum, now guaranteed +to him out of the English exchequer, is a question about which there may, +legitimately, be difference of opinion. In any case he now saw that it +would be advantageous, from a personal as well as from a national point of +view, to curb as far as he possibly could the lawless propensities of the +reiving fraternity. In so doing he was wisely anticipating the time when +he would be responsible for good rule on both sides of the Border. It may +thus be said that even the prospect of the union of the Crowns under James +had a beneficial effect. Coming events cast their shadows before. It led +to the adoption of a wiser policy in regard to this particular part of the +realm, with the result that for some years prior to 1603, a noticeable +improvement had taken place in Border affairs. The wardens had become more +anxious than before to discharge the duties of their high office with +impartiality, and to use their utmost endeavour to restrain the more +lawless spirits among the clansmen over whom they exercised authority. +Crime was at once more expeditiously and severely punished. A firm hand +was laid on the ringleaders in Border strife; and though these men were +not easily daunted, and chafed bitterly under the restraints laid upon +them by those in authority, yet they were soon made to realise that a new +spirit was being infused into the administration, and that in<span class="pagenum"><a name="Page_286" id="Page_286">[Pg 286]</a></span> consequence +reiving was becoming an increasingly difficult and perilous business. But +great social revolutions are not brought about in a day; and, as we shall +see, it was long ere the Borders settled down into their present normal +condition.</p> + +<p>When James ascended the throne of England, the change which had been +silently taking place in the management of Border affairs became at once +more marked and widespread. The effect of this event was unmistakable in +every department of the national life. It created, no doubt, considerable +bitterness and jealousy in certain sections of society in England, as it +was believed that the King was unduly partial to his own countrymen in the +bestowment of his favours. This was certainly not the case, as James was +far more anxious to conciliate his English subjects than to favour his +native land. It would have been well for him, and his successors in +office, had he discharged his duty to Scotland with less regard to English +prejudices.</p> + +<p>He was determined, however, at all hazards to suppress Border reiving. Ten +days after his arrival in London he issued a proclamation requiring all +those guilty of <i>the foul and insolent outrages</i> lately committed on the +Borders, to submit themselves to his mercy before the twentieth of June, +under penalty of being excluded from it for ever. Two days after this +proclamation had been made he emitted another, declaring<span class="pagenum"><a name="Page_287" id="Page_287">[Pg 287]</a></span> his fixed +resolution to accomplish the union of the two realms; in consequence of +which, the bounds possessed by the rebellious Borderers should no more be +the <i>extremities</i> but the <i>middle</i>, and the inhabitants thereof reduced to +a perfect obedience. He said that he had found in the hearts of his best +disposed subjects of both realms, a most earnest desire for this union; +and he undertook, with the advice and consent of the Estates of both +Parliaments, to bring it about. In the meantime he declared that he +considered the two kingdoms <i>as presently united</i>; and required his +subjects to view them in the same light, and in consequence thereof, to +abstain from mutual outrages and injuries of whatever kind, under the +penalty of his highest displeasure and of suffering the strictest rigour +of justice.<small><a name="f130.1" id="f130.1" href="#f130">[130]</a></small></p> + +<p>In pursuance of this policy, and in order to extinguish all past +hostilities between his kingdoms, the King prohibited the name of +<i>Borders</i> any longer to be used, substituting in its place the name +<i>Middleshires</i>. He also ordered all the places of strength, with the +exception of the habitations of noblemen and barons, to be demolished; +their iron gates to be converted into ploughshares; and the inhabitants +were enjoined to betake themselves to agriculture and other works of +peace.</p> + +<p>But these severe measures, accompanied as they <span class="pagenum"><a name="Page_288" id="Page_288">[Pg 288]</a></span>were by the summary +execution of large numbers of the worst characters on the Borders, who, as +we have seen, were sent to the gallows without ceremony, would not have +been sufficient of themselves to eradicate the evil. More potent +influences, however, were brought into operation. The law was now +administered, not spasmodically as before, but with a continuity and +impartiality hitherto unknown and unattainable. It was the interest of the +King and of the Government to repress disorder, to punish the lawless and +disobedient, and to establish order and good rule throughout both +kingdoms; and the consequence was that, in course of time, the Border +reivers were made to realise that they must, perforce, abandon their old +habits and betake themselves to a new mode of life. This desirable end was +not attained without difficulty. Border reiving did not altogether cease +for nearly a hundred years after the union of the Crowns; but the +beginning of the seventeenth century inaugurated the period of its +decline.</p> + +<p>“The succession of James to the Crown of England,” Ridpath remarks, “and +both kingdoms thus devolving on one sovereign, was an event fruitful of +blessing to each nation. The Borders, which for many ages had been almost +a constant scene of rapine and devastation, enjoyed, from this happy era, +a quiet and order which they had never before experienced; and the island +of Britain derived from the union of the two<span class="pagenum"><a name="Page_289" id="Page_289">[Pg 289]</a></span> Crowns, a tranquility and +serenity hitherto unknown, and was enabled to exert its whole native +force. National prejudices, and a mutual resentment, owing to a series of +wars betwixt the kingdoms, carried on for centuries, still however +subsisted, and disappointed James’ favourite scheme of an entire and +indissoluble union. From the same source also arose frequent disputes and +feuds upon the Marches, which by the attention of the sovereign were soon +and easily composed; and are not of moment enough to merit a particular +relation. But it required almost a hundred years, though England and +Scotland were governed all the time by a succession of the same princes, +to wear off the jealousies and prepossessions of the formerly hostile +nations, and to work such a change in their tempers and views, as to admit +of an incorporating and an effectual union.”<small><a name="f131.1" id="f131.1" href="#f131">[131]</a></small></p> + +<p>But another and most important agent in the pacification and social +regeneration of the Borders was the development, under the fostering care +of the Church, of what is known as the Parochial system of education. The +Roman Catholic Church in earlier times was not, as has sometimes been +erroneously supposed, inimical to the intellectual culture of the nation. +In its palmy days it undertook the work of educating the people with an +enthusiasm which <span class="pagenum"><a name="Page_290" id="Page_290">[Pg 290]</a></span>commands the respect of most unbiased students of our +national history.</p> + +<p>In this respect the monasteries, especially, rendered important services +to the community. Long before the Reformation there were at least three +classes of schools in Scotland—the “Sang Schools,” connected with the +Cathedrals or more important Churches—the “Grammar Schools,” which were +founded in the principal burghs in the country—and the “Monastic +Schools,” which were, as the name implies, connected with the monasteries. +“The interest in education,” says Prof. Story, “which had distinguished +the Columban Church, was not seriously impaired by its amalgamation with +the Church of Rome. It survived in active force, and before the foundation +of any of the existing public schools of England (the oldest of which is +Winchester, founded in 1387), we find the charge of the schools of +Roxburghshire intrusted in 1241 to the monks of Kelso, over whom was an +official called ‘The Rector of the Schools.’”<small><a name="f132.1" id="f132.1" href="#f132">[132]</a></small></p> + +<p>But for a considerable period prior to the Reformation, the interest of +the Roman Catholic Church in education, as well as in regard to the moral +and spiritual well-being of the people, had become enfeebled. The +monasteries had ceased to be, what they <span class="pagenum"><a name="Page_291" id="Page_291">[Pg 291]</a></span>were in earlier times, centres of +gracious intellectual and spiritual influence. And nowhere was this more +conspicuously the case than on the Borders. The lawlessness of the clans +reacted on the life of the Church, and instead of the Church overcoming +the malign and disintegrating influences by which it was assailed, it was +unhappily overcome by them. Education in all its branches was shamefully +neglected. The most eminent barons in the land were often unable even to +write their own names. When they were under the necessity of adhibiting +their signatures to deed or charter, the pen had to be guided by the hand +of the notary. In these circumstances it is not difficult to imagine how +densely ignorant the great body of the people must have been.</p> + +<p>Whatever may be said for or against the Reformation, there will be a +general consensus of opinion, among educationists especially, that the +scheme propounded by John Knox for the education of the people is in many +respects an ideal one. It is thus outlined in the Book of Discipline:—“Of +necessitie therefore we judge it, that every several kirk have one +schoolmaister appointed, such a one at least as is able to teach grammar +and the Latin tongue, if the town be of any reputation. If it be upland +where the people convene to the doctrine but once in the week, then must +either the reader or the minister there appointed take care of the +children and youth of the parish, to<span class="pagenum"><a name="Page_292" id="Page_292">[Pg 292]</a></span> instruct them in the first +rudiments, especially in the Catechism [Calvin’s Catechism] as we have it +now translated in the Book of Common Order, called the Order of Geneva. +And furder, we think it expedient, that in every notable town, and +specially in the town of the superintendent, there be erected a Colledge, +in which the arts, at least logick and rhetorick, together with the +tongues, be read by sufficient masters, for whom honest stipends must be +appointed. As also that provision be made for those that be poore, and not +able by themselves nor by their friends to be sustained at letters, and in +special these that come from landward.”<small><a name="f133.1" id="f133.1" href="#f133">[133]</a></small></p> + +<p>Unfortunately, owing to the rapacity of the nobles, this splendid scheme +of national education was not carried out in its entirety. But though the +enlightened views which the Reformers thus endeavoured to impress both +upon the Parliament and the country were not so heartily and widely +adopted as they should have been, a beginning was made in the +establishment of parochial schools, and by this means the benefits of +education were brought within the reach of the great body of the people. +It has been justly remarked that if the counsel of the Reformers had been +followed, no country in the world would have been so well supplied as +Scotland with the means of <span class="pagenum"><a name="Page_293" id="Page_293">[Pg 293]</a></span>extending the benefits of a liberal education +to every man capable of intellectual improvement.</p> + +<p>The state of the Borders, however, for at least fifty years after the +Reformation, was such as to make it difficult in some places, and all but +impossible in others, to establish and maintain parochial schools. But in +course of time, as things began to improve, owing to the more systematic +and impartial administration of the law, the work of training the youth of +the district was entered upon with energy and enthusiasm. The beneficial +results of the new regime in matters educational soon became apparent. +Crime steadily decreased. The old reiving habits were gradually, if with +difficulty, abandoned, and increased attention was given to the peaceful +pursuits of agriculture and other industries; and out of the social chaos +which had so long been a notorious feature of Border life, a healthy, +vigorous, law-abiding community was evolved.</p> + +<p>But the most potent factor in the pacification and moral regeneration of +the Borders was the influence and teaching of the Church. The religious +condition of the people in this part of the country, both before and after +the Reformation, can only be described as utterly deplorable. The fierce +fighting Border clans had practically broken with institutional religion +in all its forms. It is frequently said of them, and not without good +reason, that they feared neither God nor man.<span class="pagenum"><a name="Page_294" id="Page_294">[Pg 294]</a></span> They delighted in robbing +and burning churches, and held both priest and presbyter in high disdain. +Johnie Armstrong of Gilnockie is credited with having destroyed, during +the course of his career, no fewer than fifty-two parish churches. The +picture of the religious condition of the Borders, as reflected in the +State Papers, is well fitted to awaken painful reflections. Eure, for +example, in a letter addressed to Queen Elizabeth, in the year 1596, +says:—“Another most grievous decay is the ‘want of knowledge of God,’ +whereby the better sort forget oath and duty, let malefactors go without +evidence, and favour a partie belonging to them or their friends. The +churches mostly ruined to the ground, ministers and preachers ‘comfortless +to come and remain where such heathenish people are,’ so there are neither +teachers nor taught.”<small><a name="f134.1" id="f134.1" href="#f134">[134]</a></small> In a still more doleful strain the Bishop of +Durham describes the irreligious condition of the Borders. “Diverse +persons,” he says, “under pretext of danger to their persons, and some +through a careless regard of their conscience toward their flocks, besides +also other out of a continual corruption of their patrons, turn residence +into absence, whereby the people are almost totally negligent and ignorant +of the truth professed by us, and so the more subject to every subtile +seducer.”<small><a name="f135.1" id="f135.1" href="#f135">[135]</a></small> +<span class="pagenum"><a name="Page_295" id="Page_295">[Pg 295]</a></span>So completely, indeed, had religious teaching fallen into +abeyance that one writer even goes the length of affirming that “many die, +and cannot say the Lord’s Prayer.”<small><a name="f136.1" id="f136.1" href="#f136">[136]</a></small></p> + +<p>The Commission appointed to inquire into the state of affairs on the +Borders, after the breaking of Carlisle castle by Buccleuch, and to +discover, if possible, some remedy for the clamant evils which prevailed, +suggested in the first paragraph of their report “that ministers be +planted at every Border Church to inform the lawless people of their duty, +and watch over their manners—the principals of each parish giving their +prime surety for due reverence to the pastor in his office; the said +churches to be timely repaired.”<small><a name="f137.1" id="f137.1" href="#f137">[137]</a></small></p> + +<p>The propriety and wisdom of this deliverance will not be seriously +questioned by those who have some knowledge of the motives and principles +by which human life is moulded and governed. Religion is the bulwark of +society and the State—the necessary condition alike of their existence +and wellbeing. It was therefore clearly perceived by those responsible for +the social and moral wellbeing of this much distracted region that some +effective measures must be adopted to revive the religious life of the +people. The task was none of the easiest. Ruined churches had to be +restored; ministers had to be found, and <span class="pagenum"><a name="Page_296" id="Page_296">[Pg 296]</a></span>“honest stipends” provided; and +the community from an ecclesiastical point of view reorganized. And, as +might be expected, the changes contemplated were not easily or quickly +effected. Old habits are not readily abandoned, and consequently it took +many years to raise the general religious life of the Borders to the level +of that of other districts of the country where the conditions, to begin +with, were more favourable. Even in the beginning of the eighteenth +century, when that renowned minister, the Rev. Thomas Boston, began his +pastorate in Ettrick, the state of matters from a religious point of view +was such as might well have appalled the stoutest heart. His parishioners +were rude and lawless to a degree. We are told that on Sundays some of +them went, not to church, but to the churchyard, and tried to drown the +voice of the preacher by producing all sorts of discordant sounds; and +even those who ventured within the walls ostensibly to worship, would rise +up during the service with “rude noise and seeming impatience,” and leave +the building. The condition of this parish—and others in the district +were probably not much better—has been not inaptly described as “an +unploughed field covered with tangled weeds and thorns, and sheltering +many foul creatures.” But the morals of the people, under the influence of +the faithful ministrations of Boston, were gradually reformed, and the +desert was made to bud and blossom like the rose.<span class="pagenum"><a name="Page_297" id="Page_297">[Pg 297]</a></span> And what was effected +in this particular district may be taken as a fair sample of the good work +accomplished by the Church throughout the whole length of the Borders. Its +influence was potent and far-reaching, and mighty to the pulling down of +the strongholds of evil. “How did it happen,” says a modern writer, “that +the raiding and reiving race which inhabited the Borders became so +peaceful and law-abiding? That were a long tale to tell, but the credit of +it belongs to those preachers Sir Walter was too superfine and cavalier to +understand. In this work his own great-grandfather, for nineteen years the +faithful and diligent minister of Yarrow, bore his own part, and, though +the great-grandson owed his genius to his mother, the minister’s +grand-daughter, he failed to appreciate the most characteristic treasure +of his inheritance. He remembered that Richard Cameron—founder of the +Cameronians, sternest of Presbyterian sects—was once chaplain to the +Harden Scotts, but he could see no heroism in the uncompromising preacher, +who had dared to rebuke Harden’s too compliant faith and indulgent temper. +Yet over Annandale, throughout Moffatdale, thence flowing over into the +Forest, the name of Cameron was one of power. The heroic strain in him +suited the mood of the ancient reivers, who loved strength and iron in the +blood. But the Scotts had ridden and lorded it over the Marches too long +to love iron in any blood save their own. Their feud with the preachers +began early,<span class="pagenum"><a name="Page_298" id="Page_298">[Pg 298]</a></span> for John Welsh, Knox’s son-in-law, was persecuted out of +Selkirk, whither he had gone to convert the souters and reform the +freebooters of the Forest, by a Scott of Headshaw. But the man who ought +here to be placed foremost is a man who became minister of Ettrick three +years before John Rutherford, Scott’s ancestor, died—Thomas Boston. +Cotter Morrison quoted some of his fierce sayings with the horror of a son +of light suddenly confronting an altogether incredible darkness. But no +man ignorant of the deeds of Boston can judge his speech. In some of his +words there is a wonderful tenderness, in his acts a marvellous integrity, +and in his thought a rare power to move the hearts, stir the consciences, +and awaken the intellects of his people. It was a brave thing to make the +stern Presbyterian discipline a reality among these men of the Forest, in +whom the old reiving instinct was still strong, at once kept alive and +glorified by the ballads which were known in every cottage, and recited at +every hearth. But the man was patient and strong enough to do it; nothing +was too minute to escape his eye; nothing was too inveterate to silence or +too ancient to overcome his religion.”<small><a name="f138.1" id="f138.1" href="#f138">[138]</a></small> It is undoubtedly to the +influence of such preachers, men of faith and character, scholarship and +genius, that Borderers owe many of the best qualities, both of intellect +and heart, for which, in later times, they have become distinguished.</p> + + + +<hr style="width: 65%;" /> +<p><span class="pagenum"><a name="Page_299" id="Page_299">[Pg 299]</a></span></p> +<h2><a name="XVI" id="XVI"></a>XVI.</h2> +<h3>THE HARVEST OF PEACE.</h3> + +<table border="0" cellpadding="0" cellspacing="5" summary="XVI"> +<tr><td>When this loose behaviour I throw off,<br /> +And pay the debt I never promised,<br /> +By how much better than my word I am,<br /> +By so much shall I falsify men’s hope;<br /> +And, like bright metal on a sullen ground,<br /> +My reformation, glittering o’er my fault,<br /> +Shall show more goodly, and attract more eyes,<br /> +Than that which hath no foil to set it off.</td></tr> +<tr><td><span style="margin-left: 12em;"><span class="smcap">Shakespeare.</span></span></td></tr></table> + +<p> </p> +<p><span class="dropfig"><img src="images/drop_t.jpg" alt="T" /></span>o those familiar with the history of Border reiving it may appear, on the +first glance, somewhat inexplicable that in those districts where the +system was most deeply rooted there should now be found one of the most +orderly and law-abiding communities in the country. The old leaven, it +would seem, has worked itself out, and that, too, with a rapidity and +thoroughness which some may find difficult to reconcile with the modern +doctrine of heredity. The laws of evolution, whether in the physical or +social sphere, may operate with the precision and certainty of destiny, +but the changes effected are brought about slowly, and with well-graded +regularity. No doubt<span class="pagenum"><a name="Page_300" id="Page_300">[Pg 300]</a></span> fifty or a hundred years is a considerable period +measured by the standard of the individual life, but it is a brief term in +the history of a nation or people. While considerable changes may take +place in the course of a century, yet these are often of a more or less +superficial character, affecting only to a limited extent the thoughts, +habits, and customs of a community. In the present instance, however, the +changes which took place in the life of the Border clans seem to have been +as thorough as they were rapid. In a comparatively short time the Borders, +from being one of the most lawless and disorderly districts in the +country, became an example to both kingdoms in honesty, sobriety, and true +patriotism. Such epithets as “brutal Borderers” and “lewd Liddesdales,” so +freely banded about in earlier times, especially by the English wardens, +speedily lost their significance. Those lawless reivers, whom neither +warden nor king could effectively control, were not difficult to induce, +when the proper time came, to turn their swords into ploughshares and +their spears into pruning hooks, and to settle down to a well-ordered, +industrious, and peaceful mode of life. This phenomenon may doubtless be +accounted for on purely natural principles. The explanation, indeed, is +not difficult to discover. As we have already seen, the worst characters, +the “broken men”—those who had no chiefs who could be made responsible +for their good behaviour—were<span class="pagenum"><a name="Page_301" id="Page_301">[Pg 301]</a></span> expatriated—sent to Holland and +elsewhere—and consequently ceased to give further trouble. And it may be +said in regard to those who remained that while they had spent the best +part of their lives in appropriating the goods and chattels of their +English neighbours, they were not by any means the depraved and degraded +wretches they have so often been described. Far from it. These men for the +most part believed, rightly or wrongly, that in despoiling and harassing +their English neighbours they were rendering an important service to their +country. They looked upon their reiving as being of the nature of +reprisal. Time and again they had been hunted and harried by their “auld +enemies,” and they thought it no sin, whenever they found an opportunity, +to carry the war into the enemies’ camp. Moreover, it seems to have been +an article of their creed—one of the “fundamentals”—that all property +was common by the laws of nature, a doctrine which, even at the present +day, is sometimes propounded with considerable show of logic by budding +Border politicians. Their ethical system was simplicity itself. Might was +right. The spoil belonged by natural law to the man who could either take +or keep it. Of course it may be said that such notions are opposed to the +foundation principles of all social and moral life. This may be conceded. +But the fact that the Border reivers looked at things from a different +point of view—while it may not<span class="pagenum"><a name="Page_302" id="Page_302">[Pg 302]</a></span> mitigate the offence abstractly +considered—had an important bearing and influence on their own moral life +and character. There can be no doubt that it saved them from utter +demoralization. He that doubteth is damned. But the Borderers were fully +convinced that their action in plundering and despoiling those who lived +in the opposite Marches was commendable and right. Johnie Armstrong may be +taken as a faithful exponent of Border ethics when he says:—</p> + +<p class="poem">For I’ve loved naething in my life,<br /> +I weel dare say it, but <i>honesty</i>.</p> + +<p>He leaves us in no doubt as to what he means by the assertion. He does not +deny that he took everything he could lay his hands on from the +unfortunate English. He glories in the fact. It never occurs to him that +he ought to feel ashamed of his conduct. But he avers that though he had +lived for a hundred years never a Scot’s wife could have said that “ere he +had skaithed her a puir flee.” It was right to rob the English; it was +disgraceful to turn your hand against anyone belonging to your own +country. Here we have the ethical system of the Border reiver in a +nutshell.</p> + +<p>But lawless as the Borders may have been in the olden time, they certainly +do not at the present day bear many traces of their evil past. The Border +counties, judging from the statistics of the Police and<span class="pagenum"><a name="Page_303" id="Page_303">[Pg 303]</a></span> Sheriff Courts, +have an excellent record, whether we consider the number or the nature of +the cases dealt with. The following statistics speak for themselves:—</p> + +<table border="0" cellpadding="0" cellspacing="5" summary="xyz"> +<tr><td align="center" valign="bottom">County.</td><td><span class="spacer"> </span></td><td align="center" valign="bottom">Population.</td><td><span class="spacer"> </span></td><td align="center" colspan="5">Average Number of Convictions <br />for the last five years.</td></tr> +<tr><td> </td><td> </td><td> </td><td> </td><td align="right">M.</td><td> </td><td align="right">F.</td><td> </td><td align="right">Total.</td></tr> +<tr><td>Selkirk</td><td> </td><td align="right">10,101</td><td> </td><td align="right">315</td><td> </td><td align="right">37</td><td> </td><td align="right">352</td></tr> +<tr><td>Roxburgh</td><td> </td><td align="right">34,537</td><td> </td><td align="right">589</td><td> </td><td align="right">105</td><td> </td><td align="right">694</td></tr> +<tr><td>Berwick</td><td> </td><td align="right">32,406</td><td> </td><td align="right">287</td><td> </td><td align="right">56</td><td> </td><td align="right">343</td></tr> +<tr><td>Dumfries</td><td> </td><td align="right">61,274</td><td> </td><td align="right">539</td><td> </td><td align="right">74</td><td> </td><td align="right">613</td></tr> +<tr><td>Peebles</td><td> </td><td align="right">14,761</td><td> </td><td align="right">284</td><td> </td><td align="right">41</td><td> </td><td align="right">325</td></tr></table> + +<p>But these statistics would appear still more favourable were it not for +the existence of what is known as the “Tweed Act,” which is responsible +for a considerable proportion of the crime charged against the Border +counties. In the county of Peebles, for example, fully 17 per cent. of the +convictions recorded are under this exceptional statute. It is a law which +is often <ins class="correction" title="original reads 'fiercly'">fiercely</ins> denounced both by poachers and politicians, and of which +few others have much that is kindly to say, with the exception perhaps of +the riparian proprietors; but no really serious attempt has as yet been +made to have the Tweed and its tributaries brought under the general law +of the land. But notwithstanding the existence of this fruitful source of +crime, the Borders compare not unfavourably with other districts. The +population of Caithness, for instance, is only a little over 4000 higher +than that of Berwick, and we find that the average number of<span class="pagenum"><a name="Page_304" id="Page_304">[Pg 304]</a></span> convictions +in that county for the past five years is 419, a fact which shows that the +inhabitants of the south are quite as well conducted as those in the far +north.</p> + +<p>It is also worthy of note that the offences dealt with are for the most +part of a petty nature. There are comparatively few cases of theft, or +offences against the person. It may therefore be said that the Borders +have emerged from the evil conditions of the past, bearing few traces, if +any, of their former lawlessness. It was no doubt a hard school in which +Borderers were trained, and, perhaps, as has been remarked, some of them +are a trifle grim, and dour, and unsociable, deficient to some extent in +the softer and kindlier virtues characteristic of the inhabitants of the +western seaboard; but, considering the experiences through which they have +passed, they have no reason to be ashamed of themselves.</p> + +<p>And if Borderers have <ins class="correction" title="original reads 'deficiences'">deficiencies</ins> arising out of the adverse +circumstances with which they had so long to contend, they have also +outstanding excellencies which have brought them well to the front in the +race of life. They are brave, outspoken, independent. They think and act +with energy and decision. They believe in themselves, rely upon their own +resources, and where the struggle is most severe they almost invariably +give a good account of themselves. Their contributions in modern times to +the<span class="pagenum"><a name="Page_305" id="Page_305">[Pg 305]</a></span> social and intellectual life of the nation have been considerable, +and of a high quality. In agriculture, in commerce, in statesmanship, in +warfare, and in many other departments, they have rendered important +services. The Scotts and Kers and Elliots—names intimately associated +with Border reiving in all its phases—have long held a foremost place in +the political and social life of the country.</p> + +<p>But the great feature of Border life in more modern times has been the +almost marvellous efflorescence of the spirit of poesy, which has +conferred on the district a unique distinction and an imperishable charm. +It may seem strange that the home of the reiver should have become the +birthplace of poetry and song; yet a moment’s reflection will suffice to +show that here are to be found all the conditions which make life a +tragedy and beget the feeling for it. The rough adventurous life of the +Border reiver, with its constant peril and hairbreadth escapes, formed, as +it were, a fitting compost for the cultivation of the tragic muse. And +what ballads have sprung from this soil watered by the very heart’s blood +of its people! “The Dowie Dens of Yarrow,” “The Douglas Tragedy,” “Johnie +Armstrong,” “Jamie Telfer of the Fair Dodhead,” “The Border Widow’s +Lament,” “The Flowers of the Forest”—not to mention many others of almost +equal merit—have taken possession of the imaginative and emotional life +of the nation, and become part and<span class="pagenum"><a name="Page_306" id="Page_306">[Pg 306]</a></span> parcel of its very being. Indeed, the +influence of this varied body of balladic lore on the thought and life and +character of the Scottish people can hardly be over-estimated. Spenser, to +whose sublime genius we are indebted for the “Faery Queen,” is known to +fame as “the poet’s poet.” It is a high distinction, and not unworthily +bestowed. But in a still higher sense it may be said that the Border +ballads have been a perennial fountain of poetic inspiration to all lovers +of the Muse. Rough and rugged though many of them are, yet they are +dowered with that potent spell which at once captivates the heart and +awakens within it the deepest and tenderest emotions of which it is +capable. Here, if anywhere, we find the Helicon of Scotland.</p> + +<p>We may regret, with R. L. Stevenson, that the names of the old balladists +have disappeared from the roll of fame. It would have been interesting to +know who the singers were; but we may be thankful that the songs they sung +have come down to our later age. They are a priceless inheritance, a +glorious legacy. In these ballads the rugged cactus of Border life has +burst into the most gorgeous blossom.</p> + +<p>But this is not all. The ballad period, rich as it is in all the higher +elements of dramatic and poetic suggestiveness, was but the beginning of +an era of song, which has secured for the Borderland an unique +distinction. In the beginning of the eighteenth<span class="pagenum"><a name="Page_307" id="Page_307">[Pg 307]</a></span> century there was born in +the manse of Ednam, in the neighbourhood of Kelso, one of the most +renowned of Border poets, James Thomson, the author of “The Seasons,” “The +Castle of Indolence,” “Rule Britannia,” and other pieces. His early youth +was spent in the parish of Southdean, and here among the green rolling +hills, and by the quiet streams, he stored his mind and imagination with +those images of natural beauty which in later times, in a far-off city, he +embodied in immortal verse. His services to the poetic literature of his +age and country have been tardily, and often very inadequately, +appreciated. To him mainly belongs the credit of bringing the minds of men +back to nature and reality as the only genuine sources of poetic +inspiration. He was the forerunner of Cowper, and Burns, and +Wordsworth—the pioneer in a new and profoundly significant movement.</p> + +<p>After a considerable interval, Scott, Hogg, and Leyden appear on the +scene—names that will for ever remain enshrined in Border song and story. +Scott was a Borderer of Borderers, a descendant of Auld Wat of Harden and +Mary Scott, the Flower of Yarrow. His grandfather, on the maternal side, +was Professor Rutherford, a famous man in his day, the scion of an old +Border stock, renowned, like the Harden family, in the annals of reiving.</p> + +<p>Hogg and Leyden occupy a place of honourable distinction in the life and +literature of the Borders.<span class="pagenum"><a name="Page_308" id="Page_308">[Pg 308]</a></span> “Kilmeny” is a masterpiece of imaginative +genius, and has won for its author a fame which the lapse of time will not +seriously impair. John Leyden, more renowned as a scholar and antiquary +than a poet, gave evidence of the possession of powers which, had he been +spared, would have secured for him a foremost place among the most +brilliant men of his age. These services which the Borders have thus +rendered to the literature of the country have been valuable and important +in a high degree.</p> + +<p>And—if we dare suggest it—it is not altogether improbable that even +Burns himself was sprung of a Border stock. We find in the “Border +Papers,” from which much of our information regarding Border reiving has +been drawn, that the name “Burness” frequently occurs. The family bearing +this patronymic was well known in Liddesdale and the Debateable land, and +the various branches of the family, like the Armstrongs and Elliots, were +distinguished for their reiving propensities. The grandfather of the poet +found a home in Argyleshire, and Burns’ father, as is well known, hailed +from Kincardineshire. The removal from the Borders of a representative of +the family may be easily accounted for. Reference has already been made to +a law which was passed by the Scottish Parliament enacting that the +various families and clans on the Borders should find pledges for their +good behaviour. These “pledges” were<span class="pagenum"><a name="Page_309" id="Page_309">[Pg 309]</a></span> sent north of the Forth, and were +strictly prohibited from returning to their former haunts. It is just +possible that in this way an ancestor of Burns may have been called to +leave the Border district in the interests of his family or clan. This +much at least is certain, the name is one which was common on the Borders +in those times of which we write. But whatever truth there may be in the +suggestion we have made (it would be foolish to dogmatise in the absence +of authentic information), Burns furnishes many points of resemblance to +the distinctive traits of Border character in the olden time. His +disregard of conventionality in all its forms, combined with his +aggressive sense of independence, mark him out as of the true Border type.</p> + +<p>This district, once so famous as the favourite haunt of the reiver, may +now be described as one of the most peaceful in the country. Every year it +attracts an increasing number of tourists, who come from almost every part +of the world to visit its numerous shrines. To the literary and +professional classes it has become a kind of Mecca, to which they feel +constrained to resort once and again for intellectual refreshment and +inspiration. The glamour which Scott, Wordsworth, and Hogg—and many other +tuneful poets—have thrown around its green hills and bosky glens has +given it an air of enchantment to which the poetic temperament especially +is<span class="pagenum"><a name="Page_310" id="Page_310">[Pg 310]</a></span> keenly sensitive. The pity is that in modern times, owing to a variety +of causes, the population in the rural districts has been steadily +decreasing. The fine hardy, thrifty, yeomen race is disappearing. Small +holdings have been consolidated, and the big farm—in too many cases—is +held by a non-resident tenant, who interests himself little, or not at +all, in the social and moral well-being of those whom he is under the +necessity of employing. This evil is one of long standing. In the +Statistical Account of Yarrow, published in 1833, Dr Russell remarks +that—“out of forty-five farms in the parish, twenty are <i>led</i> farms. On +many of these were formerly large families, with servants and cottagers, +and there are five such lying adjacent,—a state of things the more to be +regretted, when its only advantage is a trifling addition of rent, and the +saving of outlay on farm buildings.” Well may it be said—</p> + +<p class="poem">“Ill fares the land, to hastening ills a prey,<br /> +Where wealth accumulates, and men decay:<br /> +Princes and lords may flourish, or may fade,<br /> +A breath can make them, as a breath has made:<br /> +But a bold peasantry, their country’s pride,<br /> +When once destroyed, can never be supplied.”</p> + + +<p> </p><p> </p> +<hr style="width: 65%;" /> +<p><b>Footnotes:</b></p> + +<p><a name="f1" id="f1" href="#f1.1">[1]</a> Tytler’s History, vol. I., page 43.</p> + +<p><a name="f2" id="f2" href="#f2.1">[2]</a> Tytler’s History, vol. I., page 46.</p> + +<p><a name="f3" id="f3" href="#f3.1">[3]</a> Border Papers, vol. II., page 130.</p> + +<p><a name="f4" id="f4" href="#f4.1">[4]</a> Froissart, vol. II., p. 362.</p> + +<p><a name="f5" id="f5" href="#f5.1">[5]</a> Ib.</p> + +<p><a name="f6" id="f6" href="#f6.1">[6]</a> Godscroft, p. 98.</p> + +<p><a name="f7" id="f7" href="#f7.1">[7]</a> Hide.</p> + +<p><a name="f8" id="f8" href="#f8.1">[8]</a> Fend—Support.</p> + +<p><a name="f9" id="f9" href="#f9.1">[9]</a> Godscroft, pp. 99-100.</p> + +<p><a name="f10" id="f10" href="#f10.1">[10]</a> Froissart, Vol. II., p. 369.</p> + +<p><a name="f11" id="f11" href="#f11.1">[11]</a> Godscroft, p. 100.</p> + +<p><a name="f12" id="f12" href="#f12.1">[12]</a> Douglas was buried at Melrose beside his father.</p> + +<p><a name="f13" id="f13" href="#f13.1">[13]</a> Hailes’ Annals, p. 111.</p> + +<p><a name="f14" id="f14" href="#f14.1">[14]</a> Maitland of Lethington, vol. I., pp. 69-71.</p> + +<p><a name="f15" id="f15" href="#f15.1">[15]</a> History of James VI.</p> + +<p><a name="f16" id="f16" href="#f16.1">[16]</a> Skene’s Acts of Parliament.</p> + +<p><a name="f17" id="f17" href="#f17.1">[17]</a> Skene’s Acts of Parliament.</p> + +<p><a name="f18" id="f18" href="#f18.1">[18]</a> Border Papers, vol. II., pp. 80-81.</p> + +<p><a name="f19" id="f19" href="#f19.1">[19]</a> Intro. Border Minstrelsy, pp. cxc.-cxci.</p> + +<p><a name="f20" id="f20" href="#f20.1">[20]</a> Armstrong’s Liddisdale, p. 81.</p> + +<p><a name="f21" id="f21" href="#f21.1">[21]</a> Froissart, vol. I., p. 18.</p> + +<p><a name="f22" id="f22" href="#f22.1">[22]</a> Taylor’s History, vol. I., p. 583.</p> + +<p><a name="f23" id="f23" href="#f23.1">[23]</a> Ridpath’s Border History, p. 550.</p> + +<p><a name="f24" id="f24" href="#f24.1">[24]</a> Quoted by Sir Herbert Maxwell, Hist. Dumfries and Galloway, p. 958-9.</p> + +<p><a name="f25" id="f25" href="#f25.1">[25]</a> Quoted by Sir Herbert Maxwell, Hist. <ins class="correction" title="original reads 'Dnmfries'">Dumfries</ins> and Galloway, p. 159-60.</p> + +<p><a name="f26" id="f26" href="#f26.1">[26]</a> Border Papers, vol. I., p. 131.</p> + +<p><a name="f27" id="f27" href="#f27.1">[27]</a> Border Papers, vol. II., pp. 147-8.</p> + +<p><a name="f28" id="f28" href="#f28.1">[28]</a> Border Papers, vol. II., p. 181.</p> + +<p><a name="f29" id="f29" href="#f29.1">[29]</a> Ib., vol. I., p. 143.</p> + +<p><a name="f30" id="f30" href="#f30.1">[30]</a> Ridpath’s Border History, p. 651.</p> + +<p><a name="f31" id="f31" href="#f31.1">[31]</a> <i>Vide</i> Border Antiquities, vol. II., App. p. xlvii.</p> + +<p><a name="f32" id="f32" href="#f32.1">[32]</a> Pitcairn’s Crim. Tr., vol. I., p. 288.</p> + +<p><a name="f33" id="f33" href="#f33.1">[33]</a> Border Papers, vol. II., p. 299.</p> + +<p><a name="f34" id="f34" href="#f34.1">[34]</a> Scott’s Border Antiquities, Intro. pp. xcii.-xciii. <i>Vide</i> also +Nicholson’s Border Laws, where these particulars are given more in detail, +pp. 127-129, also pp. 143-144.</p> + +<p><a name="f35" id="f35" href="#f35.1">[35]</a> Border Antiquities, p. 104.</p> + +<p><a name="f36" id="f36" href="#f36.1">[36]</a> Border Antiquities, Intro. p. xcvii.</p> + +<p><a name="f37" id="f37" href="#f37.1">[37]</a> Border Antiquities, Intro, pp. xcviii.-c.</p> + +<p><a name="f38" id="f38" href="#f38.1">[38]</a> Armstrong’s Liddisdale, p. 18.</p> + +<p><a name="f39" id="f39" href="#f39.1">[39]</a> Leges Marchiarum, p. 88.</p> + +<p><a name="f40" id="f40" href="#f40.1">[40]</a> Ib., p. 122.</p> + +<p><a name="f41" id="f41" href="#f41.1">[41]</a> Leges Marchiarum, p. 88.</p> + +<p><a name="f42" id="f42" href="#f42.1">[42]</a> Leges Marchiarum, p. 94.</p> + +<p><a name="f43" id="f43" href="#f43.1">[43]</a> <i>Vide</i> Introduction Border Antiquities, p. cviii.</p> + +<p><a name="f44" id="f44" href="#f44.1">[44]</a> Suffer for it.</p> + +<p><a name="f45" id="f45" href="#f45.1">[45]</a> Cary’s Memoirs, p. 112.</p> + +<p><a name="f46" id="f46" href="#f46.1">[46]</a> Leges Marchiarum, p. 124.</p> + +<p><a name="f47" id="f47" href="#f47.1">[47]</a> Border Papers, vol. I., p. 188.</p> + +<p><a name="f48" id="f48" href="#f48.1">[48]</a> Border Papers, vol. I., p. 189.</p> + +<p><a name="f49" id="f49" href="#f49.1">[49]</a> Border Papers, vol. II., p. 163.</p> + +<p><a name="f50" id="f50" href="#f50.1">[50]</a> Border Antiquities, Intro. pp. xlvi.-xlviii.</p> + +<p><a name="f51" id="f51" href="#f51.1">[51]</a> Border Papers, vol. II., pp. 37-38.</p> + +<p><a name="f52" id="f52" href="#f52.1">[52]</a> Armstrong’s Liddesdale, p. 70.</p> + +<p><a name="f53" id="f53" href="#f53.1">[53]</a> Pitscottie, p. 319.</p> + +<p><a name="f54" id="f54" href="#f54.1">[54]</a> Ib., p. 319.</p> + +<p><a name="f55" id="f55" href="#f55.1">[55]</a> Piscottie, p. 321.</p> + +<p><a name="f56" id="f56" href="#f56.1">[56]</a> Pitcairn’s Criminal Trials, vol. iii., p. 31.</p> + +<p><a name="f57" id="f57" href="#f57.1">[57]</a> <i>Vide</i> Pitcairn’s Criminal Trials, vol. iii., p. 31.</p> + +<p><a name="f58" id="f58" href="#f58.1">[58]</a> Scott’s Border Minstrelsy.</p> + +<p><a name="f59" id="f59" href="#f59.1">[59]</a> Border Papers, vol. i., p. 252.</p> + +<p><a name="f60" id="f60" href="#f60.1">[60]</a> Border Papers, vol. i., p. 284.</p> + +<p><a name="f61" id="f61" href="#f61.1">[61]</a> Border Papers, vol. i., p. 285.</p> + +<p><a name="f62" id="f62" href="#f62.1">[62]</a> Tytler, vol. ii., p. 275.</p> + +<p><a name="f63" id="f63" href="#f63.1">[63]</a> Leslie, p. 82.</p> + +<p><a name="f64" id="f64" href="#f64.1">[64]</a> Cary’s Memoirs, pp. 72-74.</p> + +<p><a name="f65" id="f65" href="#f65.1">[65]</a> Horse newly taken from the grass.</p> + +<p><a name="f66" id="f66" href="#f66.1">[66]</a> Cary’s Memoirs, pp. 45-51.</p> + +<p><a name="f67" id="f67" href="#f67.1">[67]</a> Carries.</p> + +<p><a name="f68" id="f68" href="#f68.1">[68]</a> Rafters.</p> + +<p><a name="f69" id="f69" href="#f69.1">[69]</a> Border Papers, vol. I., p. 348.</p> + +<p><a name="f70" id="f70" href="#f70.1">[70]</a> Pitcairn’s Crim. Tr., vol. I., p. 37.</p> + +<p><a name="f71" id="f71" href="#f71.1">[71]</a> Celtic Scotland, vol. III. <ins class="correction" title="No page number in the original.">p.</ins></p> + +<p><a name="f72" id="f72" href="#f72.1">[72]</a> <i>Vide</i> Intro. Border Antiquities.</p> + +<p><a name="f73" id="f73" href="#f73.1">[73]</a> Border Papers, vol. I., p. 121.</p> + +<p><a name="f74" id="f74" href="#f74.1">[74]</a> Border Papers, vol. I., p. 121.</p> + +<p><a name="f75" id="f75" href="#f75.1">[75]</a> Cary’s Memoirs, pp. 103-110.</p> + +<p><a name="f76" id="f76" href="#f76.1">[76]</a> Border Papers, vol. II., p. 763.</p> + +<p><a name="f77" id="f77" href="#f77.1">[77]</a> Pinkerton.</p> + +<p><a name="f78" id="f78" href="#f78.1">[78]</a> Pitcairn’s Crim. Tr., vol. I., p. 154.</p> + +<p><a name="f79" id="f79" href="#f79.1">[79]</a> Pitcairn’s Criminal Trials, vol. I., p. 145.</p> + +<p><a name="f80" id="f80" href="#f80.1">[80]</a> Leslie’s History, p. 143.</p> + +<p><a name="f81" id="f81" href="#f81.1">[81]</a> Pinkerton’s History, vol. II., p. 307.</p> + +<p><a name="f82" id="f82" href="#f82.1">[82]</a> Pitscottie, p. 342-3.</p> + +<p><a name="f83" id="f83" href="#f83.1">[83]</a> Carlenrig.</p> + +<p><a name="f84" id="f84" href="#f84.1">[84]</a> Anderson MS. Adv. Lib. f. 154.</p> + +<p><a name="f85" id="f85" href="#f85.1">[85]</a> Reg. Sec. Big., vol. 8f., 195.</p> + +<p><a name="f86" id="f86" href="#f86.1">[86]</a> Rabbits.</p> + +<p><a name="f87" id="f87" href="#f87.1">[87]</a> Are able to bear.</p> + +<p><a name="f88" id="f88" href="#f88.1">[88]</a> It is said that this and the three preceding stanzas were among those +Sir Walter Scott most delighted to quote.</p> + +<p><a name="f89" id="f89" href="#f89.1">[89]</a> Pitcairn’s Criminal Trials, vol. i., p. 171.</p> + +<p><a name="f90" id="f90" href="#f90.1">[90]</a> Cheese belly.</p> + +<p><a name="f91" id="f91" href="#f91.1">[91]</a> Pitcairn’s Criminal Trials, vol. i., pp. 172-3.</p> + +<p><a name="f92" id="f92" href="#f92.1">[92]</a> Border Papers, vol. I., p. 97.</p> + +<p><a name="f93" id="f93" href="#f93.1">[93]</a> Border Papers, vol. I., p. 282.</p> + +<p><a name="f94" id="f94" href="#f94.1">[94]</a> Border Papers, vol. II., p. 115.</p> + +<p><a name="f95" id="f95" href="#f95.1">[95]</a> Tytler, vol. iv. p. 244.</p> + +<p><a name="f96" id="f96" href="#f96.1">[96]</a> Border Papers, vol. ii., p. 299.</p> + +<p><a name="f97" id="f97" href="#f97.1">[97]</a> Border Papers, vol. ii., p. 313.</p> + +<p><a name="f98" id="f98" href="#f98.1">[98]</a> Border Papers, vol. ii., p. 319.</p> + +<p><a name="f99" id="f99" href="#f99.1">[99]</a> Border Papers, vol. ii. 420.</p> + +<p><a name="f100" id="f100" href="#f100.1">[100]</a> Cary’s Memoirs, pp. 82-3.</p> + +<p><a name="f101" id="f101" href="#f101.1">[101]</a> Border Papers, vol. ii., p. 631.</p> + +<p><a name="f102" id="f102" href="#f102.1">[102]</a> Pitcairn’s Crim. Tr., vol. i., p. 276.</p> + +<p><a name="f103" id="f103" href="#f103.1">[103]</a> Border Papers, vol. II., p. 359.</p> + +<p><a name="f104" id="f104" href="#f104.1">[104]</a> Carriers.</p> + +<p><a name="f105" id="f105" href="#f105.1">[105]</a> Border Minstrelsy, vol. iv. pp. 91-94.</p> + +<p><a name="f106" id="f106" href="#f106.1">[106]</a> Border Minstrelsy, vol. iv. pp. 95-96.</p> + +<p><a name="f107" id="f107" href="#f107.1">[107]</a> Border Minstrelsy, vol. i. p. 402.</p> + +<p><a name="f108" id="f108" href="#f108.1">[108]</a> Innocently.</p> + +<p><a name="f109" id="f109" href="#f109.1">[109]</a> Farms.</p> + +<p><a name="f110" id="f110" href="#f110.1">[110]</a> Rievers, robbers.</p> + +<p><a name="f111" id="f111" href="#f111.1">[111]</a> Martyrs.</p> + +<p><a name="f112" id="f112" href="#f112.1">[112]</a> Execrated.</p> + +<p><a name="f113" id="f113" href="#f113.1">[113]</a> Waking.</p> + +<p><a name="f114" id="f114" href="#f114.1">[114]</a> Execrate.</p> + +<p><a name="f115" id="f115" href="#f115.1">[115]</a> Live stock.</p> + +<p><a name="f116" id="f116" href="#f116.1">[116]</a> Curses and execreations.</p> + +<p><a name="f117" id="f117" href="#f117.1">[117]</a> <ins class="correction" title="Presented as in the original.">Uunti.</ins></p> + +<p><a name="f118" id="f118" href="#f118.1">[118]</a> Disencumbered.</p> + +<p><a name="f119" id="f119" href="#f119.1">[119]</a> Lightning.</p> + +<p><a name="f120" id="f120" href="#f120.1">[120]</a> Places.</p> + +<p><a name="f121" id="f121" href="#f121.1">[121]</a> May the earth open, split and cleave.</p> + +<p><a name="f122" id="f122" href="#f122.1">[122]</a> Swallow them alive.</p> + +<p><a name="f123" id="f123" href="#f123.1">[123]</a> Freed.</p> + +<p><a name="f124" id="f124" href="#f124.1">[124]</a> Only.</p> + +<p><a name="f125" id="f125" href="#f125.1">[125]</a> Until.</p> + +<p><a name="f126" id="f126" href="#f126.1">[126]</a> Loyalty.</p> + +<p><a name="f127" id="f127" href="#f127.1">[127]</a> Without part in.</p> + +<p><a name="f128" id="f128" href="#f128.1">[128]</a> So may.</p> + +<p><a name="f129" id="f129" href="#f129.1">[129]</a> Mr Armstrong has printed the above in his ‘History of Liddesdale, +&c.,’ from the ‘State Papers of Henry VIII.,’ vol. iv., note, pp. 417-419.</p> + +<p><a name="f130" id="f130" href="#f130.1">[130]</a> Ridpath’s Border History, p. 704.</p> + +<p><a name="f131" id="f131" href="#f131.1">[131]</a> Ridpath’s Border History, p. 706.</p> + +<p><a name="f132" id="f132" href="#f132.1">[132]</a> Apostolic Ministry of the Scottish Church, p. 211.</p> + +<p><a name="f133" id="f133" href="#f133.1">[133]</a> Book of Discipline, chap. vii.</p> + +<p><a name="f134" id="f134" href="#f134.1">[134]</a> Border Papers, vol. i. p. 125.</p> + +<p><a name="f135" id="f135" href="#f135.1">[135]</a> Border Papers, vol. ii. p. 323.</p> + +<p><a name="f136" id="f136" href="#f136.1">[136]</a> Border Papers, vol. i. p. 494.</p> + +<p><a name="f137" id="f137" href="#f137.1">[137]</a> Border Papers, vol. ii. p. 316.</p> + +<p><a name="f138" id="f138" href="#f138.1">[138]</a> Principal Fairbairn.</p> + + +<p> </p><p> </p> +<hr style="width: 65%;" /> +<p><b>Transcriber’s Notes:</b></p> + +<p>Additional spacing after some of the quotes is intentional to indicate +both the end of a quotation and the beginning of a new paragraph as presented in the original text.</p> + +<p>Some quotes are opened with marks but are not closed. Obvious errors +have been silently closed, while those requiring interpretation have been left open.</p> + +<p>Other than the corrections noted by hover information, printer’s inconsistencies in +spelling and hyphenation usage have been retained.</p> + + + + + + + + + +<pre> + + + + + +End of Project Gutenberg's Border Raids and Reivers, by Robert Borland + +*** END OF THIS PROJECT GUTENBERG EBOOK BORDER RAIDS AND REIVERS *** + +***** This file should be named 32005-h.htm or 32005-h.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/2/0/0/32005/ + +Produced by Chris Curnow and the Online Distributed +Proofreading Team at https://www.pgdp.net. (This file was +produced from images generously made available by The +Internet Archive.) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. + + +</pre> + +</body> +</html> + diff --git a/32005-h/images/drop_a.jpg b/32005-h/images/drop_a.jpg Binary files differnew file mode 100644 index 0000000..6af2353 --- /dev/null +++ b/32005-h/images/drop_a.jpg diff --git a/32005-h/images/drop_o.jpg b/32005-h/images/drop_o.jpg Binary files differnew file mode 100644 index 0000000..a855eaf --- /dev/null +++ b/32005-h/images/drop_o.jpg diff --git a/32005-h/images/drop_t.jpg b/32005-h/images/drop_t.jpg Binary files differnew file mode 100644 index 0000000..ec04bc5 --- /dev/null +++ b/32005-h/images/drop_t.jpg diff --git a/32005-h/images/drop_w.jpg b/32005-h/images/drop_w.jpg Binary files differnew file mode 100644 index 0000000..5b8f416 --- /dev/null +++ b/32005-h/images/drop_w.jpg diff --git a/32005.txt b/32005.txt new file mode 100644 index 0000000..5752436 --- /dev/null +++ b/32005.txt @@ -0,0 +1,8082 @@ +The Project Gutenberg EBook of Border Raids and Reivers, by Robert Borland + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + + +Title: Border Raids and Reivers + +Author: Robert Borland + +Release Date: April 16, 2010 [EBook #32005] + +Language: English + +Character set encoding: ASCII + +*** START OF THIS PROJECT GUTENBERG EBOOK BORDER RAIDS AND REIVERS *** + + + + +Produced by Chris Curnow and the Online Distributed +Proofreading Team at https://www.pgdp.net. (This file was +produced from images generously made available by The +Internet Archive.) + + + + + + + + + +BORDER RAIDS AND REIVERS. + + + + + BORDER RAIDS + AND + REIVERS + + + BY + ROBERT BORLAND + + _MINISTER OF YARROW_ + + + DALBEATTIE: THOMAS FRASER. + MDCCCXCVIII. + + + + PRINTED AT THE COURIER AND HERALD OFFICES, + DUMFRIES, + FOR + THOMAS FRASER, DALBEATTIE. + + + + +CONTENTS. + + +PREFACE xv. + + +I. + +THE AULD ENEMY. + PAGE. + +Extent of Border reiving--Plunder and reprisal--All classes +implicated--Double dose of original sin--Victims of an evil +fate--Invasions--Threatened annexation of Scotland--Edward's +twofold policy--Sacking of Berwick--Feeling of +hostility produced--Edward visits Scone and carries off +Scottish Sceptre and Crown--Douglas and Edward Bruce-- +Borderers animated by a spirit of revenge 1-14 + + +II. + +PERCY'S PENNON. + +Battle of Otterburn--Chief combatants--How the encounter was +brought about--Destruction of the Abbeys--Meeting of the +Scots at Aberdeen--Scottish army assembles at Yetholm-- +Method of attack determined upon--Earl Douglas marches +through Northumberland--Ravages Durham--Returns to +Newcastle--Hotspur and Douglas--Otterburn--Preparations for +battle--The English assault--The Douglas slain--Hotspur +taken prisoner--Humanity of Borderers 15-32 + + +III. + +POOR AND LAWLESS. + +Condition of Scotland--Ancient monasteries--Description of +country by AEneas Sylvius--Ignorance of the people--Laws +cannot be enforced--The Barons supreme--Law against +harbouring thieves--Every man's hand against his neighbour-- +Pledges demanded--Banished north of the Forth--Scottish +Borderers forbidden to marry daughters of "broken men" +in England--No respect paid to the law--Execrable murders +committed--Without religion--Hand-fasting 33-54 + + +IV. + +RAIDS AND FORAYS. + +Invasions constantly occurring--Many lives sacrificed--How +the reivers conducted their expeditions--Leslie's account-- +Tracked by bloodhounds--Froissart's description of +Borderers--Invasion by Earl of Hertford--Raid by Sir Ralph +Eure--Battle of Ancrum Moor--Lord Dacre's devastations-- +Borderers retaliate--Horrid cruelties practised--Raid of +the Reidswire--Indignation of English Queen--Morton's +concessions 55-80 + + +V. + +WARDENS OF THE MARCHES. + +Generally officers of high rank--Scottish King limited in +his choice--Wardens invested with arbitrary powers--Bonds +of alliance--Of little or no value--Ignored when +convenient--Wardens well remunerated--Duties pertaining to +the office 81-96 + + +VI. + +THE DAY OF TRUCE. + +Arrangements for dealing with offenders--Of a primitive +character--Prisoners could not be detained in custody--Often +took "leg-bail"--Day of Truce every month--Date and place +made known by proclamation--The meeting of the Wardens-- +Regulations for conduct of business--Administering the +oath--Three ways of trying cases--Bogus bills--Value of +goods--Bills "fouled" or "cleared"--The hot-trod-- +Baughling--Lord Russell shot--Foster's explanations 97-115 + + +VII. + +THE DEADLY FEUD. + +Origin of the expression--Feuds of everyday occurrence-- +Occasioned by trifling circumstances--Inherited--Made the +administration of the law difficult--Feud betwixt the Kers +and Scotts--How occasioned--The Maxwells and Johnstones--A +disastrous feud--Battle of Dryfe Sands--Murder of Johnstone-- +Lord Maxwell imprisoned--Returns to the Borders--Betrayed by +Earl of Caithness--Beheaded in Edinburgh--Ker of Cessford +slain--Pursuit of his murderers--How feuds staunched--Bonds +of Assurance--Marriage--Pilgrimage--Assythment 116-135 + + +VIII. + +THE THIEVES DAUNTONED. + +The "Family Tree"--Man's first right--The King connives at +Border reiving--The Wardens often indifferent--The King's +visit to Dumfries--Tytler's account of what transpired--The +Turnbulls of Rule Water punished--The Earl of Mar in +Hawick--Lack of trees and halters--Queen Mary at Jedburgh-- +The Earl of Bothwell--John Elliot of Park--The Queen visits +Hermitage--Struck down with fever--The suppression of +Liddesdale--Buccleuch and Ferniherst--Mangerton destroyed-- +The whole district given to the flames--Geordie Bourne-- +Found guilty of March treason--Executed--Milder measures-- +The Tower of Netherby--Cary's success 136-154 + + +IX. + +LIDDESDALE LIMMERS. + +Border keeps and peels--Description of them--Hermitage-- +Lord Soulis--Nine-stane-rig--Black Knight of Liddesdale-- +Ramsay of Dalhousie starved to death--Armstrongs and +Elliots--Maitland's "Complaynt"--Took everything that +came to hand--The clan system--Names of Border clans-- +To-names--Debateable land--The Scotch dyke--Cary's raid-- +Driven to bay 155-180 + + +X. + +AFTER THE HUNTING. + +James V.--Border barons put in ward--Sets out for the +Borders--Hunts in Meggat--Eighteen score of deer slain-- +Cockburn of Henderland--Border Widow's Lament--Adam Scott, +"King of Thieves"--Johnie Armstrong--The loving letter-- +Basely betrayed--Pitscottie's account--Maxwell's +complicity--Ballad--_Blackmeal_--Increase of Border +lawlessness 181-200 + + +XI. + +THE CORBIE'S NEST. + +General characteristics of Border reivers--Kinmount +Willie--Descendant of laird of Gilnockie--Encouraged +to commit depredations on English border--Present at +March meeting at Dayholm--Captured by Salkeld on his way +home--Imprisoned in Carlisle--Violation of Border law--The +bold Buccleuch determines to effect his rescue-- +Arrangements made at a horse race at Langholm--Meeting at +Tower of Morton--Marches on Carlisle--Breaks into the +Castle--Carries off the prisoner--Relieves him of his +irons--Names of principal assistants--Scrope indignant-- +Addresses the Privy Council--Buccleuch on his defence-- +Elizabeth demands his surrender--James complies 201-219 + + +XII. + +FLAGELLUM DEI. + +International complications--The Queen difficult to +pacify--Her letter to James--Scrope invades Liddesdale-- +His conduct defended--Buccleuch retaliates--Invades +Tynedale--Account of his depredations--_Flagellum Dei_-- +Supported by King and Council--Elizabeth peremptorily +demands his surrender--Places himself as a prisoner in +the hands of Sir William Bowes--The Governor of Berwick +afraid to undertake his safe custody--Surrender of Sir +Robert Ker--Lives with Sir Robert Cary on terms of +intimacy and friendship--Buccleuch returns to Liddesdale-- +Adopts a new policy--Incurs the displeasure of the +reivers--Inaugurates a new era in Border history--Appears +before the Queen 220-236 + + +XIII. + +MINIONS OF THE MOON. + +The kindly feeling with which the more famous reivers +regarded--Auld Wat of Harden--At the "Raid of Falkland"-- +The consequences of this episode--Carries off 300 oxen +and kye, a horse and a nag, from Gilsland--Large demands +on his hospitality--"Wat o' Harden's coo!"--The sow-backed +hay stack--Destroys the town of Bellinghame--Marries Mary +Scott of Dryhope--His son slain by one of the Scotts of +Gilmanscleuch--The feast of spurs--Goes in pursuit of the +Captain of Bewcastle--Revenge!--Willie Scott--His raid on +Elibank--Taken prisoner--"Muckle-mou'd Meg"--Priest or +hangman--A wise choice. "Jock o' the Syde"--Prisoner in +Newcastle--Rescued by his friends--Pursued by the English-- +Make good their escape.--"Christie's Will"--Two delicate +colts--Lord Traquair--Lord Durie kidnapped--Scott's account +of the incident--Description of balladist--Christie's Will +carries important papers to Charles I.--Entrapped at +Carlisle on his return--Spurs his horse over parapet of +bridge.--Willie of Westburnflat--Tried at Selkirk--Breaks +in pieces the oaken chair--Threatens to clear the court-- +Dissuaded by his friends--Executed in due form of law-- +Armstrong's good-night 237-266 + + +XIV. + +UNDER THE BAN. + +State of the Borders--Decadence of Romanism--A strong hand +needed--The Celtic Church--Its influence permanent--The +Scots indifferent to fulminations of their spiritual +superiors--Excommunicatio major--Excommunicatio minor-- +Monition of Cursing by Archbishop of Glasgow 267-279 + + +XV. + +THE TRIUMPH OF LAW. + +"Broken men" drafted off to Belgic wars--Graemes banished to +Ireland--Buccleuch invested with arbitrary powers--Thieves +executed without ceremony--The Union of the Crowns--The +effect highly beneficial--Firm hand laid on the ring-leaders +of Border strife--New spirit infused into the +administration--The name _Middleshires_ substituted for +_Borders_--The law impartially administered--A happy era-- +Parochial system of education--Schools before the +Reformation--Educational condition of the Borders--John +Knox's scheme--Beneficial results--Teaching and influence of +the Church--Religious state of the Borders--Decision of the +Commission--Difficulties in the way--Thomas Boston--The +unploughed field--Victory achieved 280-298 + + +XVI. + +THE HARVEST OF PEACE. + +Great changes effected in habits and character of the +people--Easily explained--"Broken men" expatriated--How +reiving was regarded--Border ethics--Right to rob the +English--Statistics of crime--The Tweed Act--A hard +school--Grim and dour--Services rendered by Borderers-- +Great feature of Border life--Birthplace of poetry--The +old ballads--A priceless inheritance--James Thomson, the +author of "The Seasons"--Sir Walter Scott--Hogg--Leyden-- +Burns probably sprung from a Border stock--The name +"Burness"--A Western Mecca--Rural population decreasing-- +Conclusion 299-310 + + + + +PREFACE. + + +The object we have had in view in the following pages has been (1) to +indicate briefly the causes which produced Border reiving; (2) to show the +extent to which the system was ultimately developed; (3) to describe the +means adopted by both Governments for its suppression; (4) to illustrate +the way in which the _rugging and riving_--to use a well-known phrase--was +carried on; (5) to explain how these abnormal conditions were in the end +effectually removed; and (6) to set forth in brief outline some of the +more prominent traits in the lives and characters of the men who were most +closely identified with this extraordinary phase of Border life. + +We have to acknowledge our indebtedness for much of the information +conveyed in the following pages to Scott's "Border Antiquities" and +"Border Minstrelsy," Nicolson's "Leges Marchiarum," Pitcairn's "Criminal +Trials," "Calendar of Border Papers" (recently published), "Cary's +Memoirs"--Froissart, Godscroft, Pitscottie, Pinkerton--and host of other +writers on Border themes. + +It is in no spirit of mock-modesty we acknowledge how inadequately the +object we have had in view has been realised. The subject is so large and +many-sided that we have found it difficult to compress within the compass +of a single volume anything like an adequate outline of a theme which is +at once so varied and interesting. + +In coming to the consideration of this subject, there is one fact which it +is well the reader should carefully bear in mind, and that is, that from +the peculiar circumstances in which Borderers were placed in early times, +the only alternative they had was either to _starve or steal_. The +recognition of this fact will at least awaken our sympathy, if it does not +always command our approval, when we come to consider the lives and +characters of the Border Reivers. + + + + +I. + +THE AULD ENEMY. + + "Near a Border frontier, in the time of war, + There's ne'er a man, but he's a freebooter."--SATCHELLS. + + +There are few more remarkable phenomena in the political or social life of +Scotland than what is familiarly known as "Border Reiving." In olden times +it prevailed along the whole line of the Borders from Berwick to the +Solway, embracing the counties of Berwick, Roxburgh, Selkirk, Peebles, and +Dumfries. During a period of some three or four hundred years these +districts were chiefly inhabited by hordes of moss-troopers, who made it +the chief business of their lives to harry and despoil their English +neighbours. On every convenient opportunity the Scottish reivers crossed +the Border, and carried off whatever came readiest to hand--horses, cows, +sheep, "insight and outsight," nothing coming amiss to them unless it was +either too heavy or too hot. Those on the English side who were thus +despoiled were not slow to retaliate, and generally succeeded, to some +extent, in making good the losses they sustained. This system of plunder +and reprisal ultimately attained an extraordinary development. All +classes, from the Chief of the clan to the meanest serf over whom he +ruled, were engaged in it. Indeed it must be frankly admitted that the +most notorious thieves were often those who had least excuse for indulging +in such nefarious practices--gentlemen in high position like the Scotts, +Kers, Johnstones, and Maxwells, and who in many cases had been chosen by +the Government to repress the reiving propensities of their clans and +followers. + +Some who have made a superficial acquaintance with this remarkable phase +of Border life have rushed to the conclusion that the great Border Chiefs, +and those over whom they exercised a kind of patriarchal authority, must +have been dowered with a "double dose of original sin." In proof of this +it is pointed out that a widely different state of affairs prevailed in +other parts of the country, for example in Fife, and the Lothians, and +generally speaking, throughout the whole of the west of Scotland, and +consequently the only way in which they can account for the singular +condition of the Borders is by predicating an essentially lower moral +type. We do not believe that this theory, plausible though it may appear, +will bear a moment's serious consideration. No doubt among the "broken +men" of the Debateable land, and in some parts of Liddesdale, you will +find a considerable number of disreputable characters whose only law was +the length of their own swords. But it is a mistake to suppose that such +individuals represent the general type of the inhabitants of the +Borderland. The very fact that these men had no Chief to represent them +shows that they had, so to speak, fallen out of the ranks. + +The solution of this problem must be sought in another direction. It will +be found by a careful study of the history of the country that Border +reiving was, to a considerable extent, the result of a concatenation of +circumstances over which the inhabitants of these districts had little or +no control. They were the victims of an evil fate. It was not merely their +proximity to the English Border which occasioned their misdeeds. It is an +interesting and significant fact that, till near the close of the 13th +century, the Border Counties were as law-abiding as any other part of the +realm. Petty skirmishes were, no doubt, of frequent occurrence, as might +be expected; but the deep rooted aversion to the English which +characterises the subsequent period of Scottish history had hardly at that +time any real existence. How the change was brought about will become +apparent as we bring under review some salient facts in Scottish history +which have a direct and immediate bearing on the question before us. + +It must be borne in mind that for a period of more than three hundred +years Scotland was kept in a condition of political distraction by the +insane desire on the part of the English Government to reduce it to a +state of vassalage. When this policy was first determined on everything +seemed favourable to its speedy realisation. When Alexander III., a wise +and gracious King, under whose reign the country had greatly prospered, +was accidentally killed when hunting in the neighbourhood of Kinghorn, the +Crown reverted to his grand-daughter, the Maid of Norway, who was then a +child of tender years. At this unfortunate juncture Edward I. of England +resolved that the two countries should be united under one Sovereign; at +least this was the object of his ambition. He was fully convinced that so +long as Scotland maintained her political independence, England would have +to reckon with a powerful adversary. If he could only succeed, by fair +means or foul, in gaining Scotland over as a fief of England, then the +country as a whole would enjoy the immunities and benefits naturally +accruing to its position as an island. England would thus be in an +immensely more advantageous position to resist foreign invasion, and its +influence and power as an aggressive force would be indefinitely +increased. The object aimed at was an exceedingly desirable one. +Unfortunately it was a sane policy insanely pursued. Had the English King +only been gifted with more self-restraint, had he but been prepared to +wait patiently the natural development of events, and not to have struck +the iron _before_ it was hot, he might have succeeded in gaining his end, +a result which would have changed the whole complexion and current of +Scottish history. Whether this would have been better or worse, more to +our own advantage and the advantage of Great Britain, as a whole, is one +of those points about which there may be considerable difference of +opinion. Many have regretted that the Union of the Crowns was not effected +in the 14th century rather than in the 17th, as such a consummation would +have saved the country much, both of bloodshed and treasure. It may be so. +It cannot be denied that from a purely material point of view it might +have been better had Scotland gracefully complied with the wishes of +Edward. But man cannot live by bread alone. There are higher and better +things in the life of a people than mere material well-being, and in view +of these it was well that Scotland maintained her independence. The record +of her achievements, when contending against the most overwhelming odds, +and the example of those heroic personalities, which mark the progress of +her history, have been a perennial fountain of inspiration to the Scottish +people, have made them what they are. While, therefore, there may be some +cause for regret, on the ground of political expediency, that the union of +the two countries was so late in being effected, yet on other and higher +grounds there is just reason for thankfulness that things took the course +they did. What would Scotland have been without its Wallace or Bruce? or +what would it have been apart from the long and arduous struggle through +which it was destined to pass ere it gained an assured and thoroughly +independent political position? The long years of struggle and desolating +warfare constitute an important factor in the social and intellectual +evolution of the nation. The best qualities of the Scottish character and +intellect were developed in the seething maelstrom of political strife and +internecine war. It may be that "the course of Providence is also the +orbit of wisdom." + +Edward in trying to bring Scotland under his sway pursued a two-fold +policy. He endeavoured to prevent as far as possible all union among the +most powerful Scottish barons. He arrayed their private and selfish +ambition against the love of their country. He sowed dissension in their +councils, and richly rewarded their treachery. Those who dared to oppose +his well-laid schemes were treated with unmitigated severity. His success +in this respect was complete. He had the satisfaction of seeing the +country torn to pieces by contending factions. His way was now open for +applying more drastic measures. He raised a powerful army and invaded +Scotland. The town of Berwick was then an important centre of commerce, +and he was determined at all hazards to make himself master of the city. +"He despatched a large division, with orders to assault the town, choosing +a line of march which concealed them from the citizens; and he commanded +his fleet to enter the river at the same moment that the great body of the +army, led by himself, were ready to storm. The Scottish army fiercely +assaulted the ships, burnt three of them, and compelled the rest to +retire; but they in their turn were driven back by the fury of the land +attack. Edward himself, mounted on horseback, was the first who leaped the +dyke; and the soldiers, animated by the example and presence of their +King, carried everything before them. All the horrors of a rich and +populous city, sacked by an inflamed soldiery, and a commander thirsting +for vengeance, now succeeded. _Seventeen thousand persons_, without +distinction of age or sex, were put to the sword; and for two days the +city ran with blood like a river. The churches, to which the miserable +inhabitants fled for sanctuary, were violated and defiled with blood, +spoiled of their sacred ornaments, and turned into stables for the English +cavalry."[1] + +This ruthless massacre produced a profound sensation all over the country, +but more especially on the Borders, and had much to do in creating that +bitter feeling of hostility with which the English were ever afterwards +regarded. To harass and despoil them was looked upon almost as a sacred +duty. This miserable butchery of the inoffensive lieges instantly led to +reprisals. Under the Earls of Ross, Menteith, and Athole, the Scottish +army crossed the English Border, and ravaged with merciless severity the +districts of Redesdale and Tynedale. The monasteries of Lanercost and +Hexham were given to the flames, towns and villages destroyed, and the +surrounding country laid waste. The Scots returned laden with booty. But +the success which had crowned their arms was of doubtful utility. It only +served to fan the flame of vengeful ire in the breast of the English King, +who now resolved on the complete subjugation of the country. He marched +against Dunbar with an army of ten thousand foot, and a thousand heavy +armed horse. The Scots opposed his progress with an army much superior in +point of numbers, and occupying a position of great strategic importance +on the heights above Spot. As the English army had necessarily to deploy +in passing along the valley it was supposed that the ranks had somehow +fallen into confusion. The Scots precipitately rushed upon the enemy, only +to find, to their dismay, that the English army was under the most perfect +discipline, and ready for the attack. After a short resistance the +Scottish columns were thrown into inextricable confusion, and were routed +with great slaughter, leaving ten thousand brave soldiers dead in the +field. History has a strange knack of repeating itself. Three hundred and +fifty years after, the Scottish covenanters committed a similar blunder at +the same place when opposing the progress of Oliver Cromwell, and with an +equally disastrous result. The progress of Edward now partook of the +nature of a triumphal march. He threw his army upon Edinburgh, and in the +course of eight days made himself master of the Castle. He then proceeded +to Perth, where he received the submission of Baliol, who seemed anxious +to rid himself of an office the duties of which he was constitutionally +unfit to discharge. The King continued his march to Aberdeen, and from +thence to Elgin, without resistance. The nobles hurried into his presence +to tender their submission. With indecent haste they renounced the +alliance with Bruce, and took the oath of fealty to the destroyer of their +country's liberties. It was a dark and tragic hour in Scottish history. + +As Edward returned on his way to Berwick, where he proposed holding a +Parliament, he visited Scone, and took with him the "famous and fatal +stone" upon which for many ages the Scottish Kings had been crowned and +anointed. "This, considered by the Scots as the national Palladium, along +with the Scottish Sceptre and Crown, the English monarch placed in the +Cathedral of Westminster as an offering to Edward the Confessor, and as a +memorial of what he deemed his absolute conquest of Scotland, a conquest +which, before a single year elapsed, was entirely wrested from him."[2] + +We must now pass rapidly over one of the most eventful and stirring +periods of Scottish history, during which Wallace and Bruce, by almost +superhuman efforts, succeeded in delivering the country from the +domination and control of England. The battle of Bannockburn gave the +final blow to the lofty pretensions of the English monarch. He began to +realise that the conquest of Scotland was not to be effected so easily as +he had at one time vainly thought. But unfortunately this splendid victory +did not result in inaugurating a reign of peace and goodwill between the +two countries. After all that the Scottish people had suffered at the +hands of their enemies, it was impossible for them to remain quiescent. +They were determined on revenge. Hence we find that in the early autumn of +1314 Douglas and Edward Bruce were despatched across the eastern march, +and ravaged with fire and sword the counties of Northumberland and Durham. +They even penetrated into Yorkshire, plundered the town of Richmond, and +drove away a large booty of cattle, and made many prisoners. The +inhabitants of the north of England were paralysed with fear. Walsingham +declares that a hundred Englishmen would not hesitate to fly from two or +three Scottish soldiers, so grievously had their wonted courage deserted +them. + +Another army of Scottish soldiers marched through Redesdale and Tynedale, +"marking their progress by the black ashes of the towns and villages." + +In the spring of the following year this predatory mode of warfare was +again resumed, and Northumberland and the principality of Durham ravaged. +A great quantity of plunder was collected, and the inhabitants compelled +to redeem their property by paying a high tribute. The army of Bruce +seemed invincible, and the northern counties of England were made to pay +dearly for the temerity of the king in venturing to challenge the +patriotism and prowess of the Scottish people. + +These events produced a profound impression on the people as a whole, +especially on the dwellers on the Scottish Border. The sacking of Berwick, +and the indiscriminate slaughter of its inhabitants, whose only offence +was that they refused to open their gates to the usurper, were not soon +forgotten, and engendered in the Border mind an undying hatred of England. +It is not to be wondered at that the inhabitants of the Scottish Border +should seldom either think or speak of the English except as their "auld +enemies." To despoil them became, if not a religious, at least a patriotic +duty. These circumstances to which reference has been made, and others of +a kindred nature, may account, in some degree at least, for the +extraordinary fact that the Border mosstrooper never seems to have been +ashamed of his calling. On the contrary he gloried in it. In his eyes it +was honourable and worthy. The undaunted bearing of the Bold Buccleuch, +for example, and his cavalier manner in dealing with the English wardens, +showed how thoroughly he enjoyed the work in which he was engaged. Eure +tells how, on one occasion, he sent his cousin, Henry Bowes, to confer +with this famous freebooter on some question in dispute, but Buccleuch +"scorned to speak with him, and gathered his forces; and if my said cousin +had not wisely foreseen and taken time to have come away he had been +stayed himself. Two several messages were sent from Buccleuch from out his +company that were in the field, part to have stayed with him and those +that were with him. Not long since some of his men having stolen in my +March, my men following their trade were stayed of his officer of +Hermitage, their horses taken and themselves escaped on foot."[3] + +The English warden had evidently considerable difficulty in accounting +for Buccleuch's attitude, for we find in a letter written to Burghley a +few days after this happened that he is disposed to attribute his enmity +to England to his zeal for Romanism. "His secret friends," he says, "say +he is a papist; his surest friends in court are papists about the Queen, +and labour his grace with the King. He strengthened himself much of late, +and secretly says he will not stir till some certainty of the Spaniards +arrive. To England he is a secret enemy, mighty proud, publishing his +descent to be from Angus, and laboureth to be created Earl, and claimeth +his blood to be partly royal. His poverty is great, all which concurring +with his pride and Spanish religion, I leave to your honourable wisdom to +censure." + +This picture is certainly painted in strong colours. The one point in it +which is really significant, however, is that Buccleuch was "a secret +enemy to England." This may be said of nine-tenths of the Border reivers. +It was not the mere love of plunder or mischief which impelled them to +prosecute their calling. They were animated by a spirit of revenge. Times +almost without number the armies of England had crossed the Border, +burning villages and homesteads, destroying the crops, carrying off goods +and cattle, leaving those whom they had thus ruthlessly despoiled to the +tender mercies of an uncertain climate and an impoverished soil, from +which even at the best they had difficulty in extracting a bare +subsistence. + +The English were, comparatively speaking, rich and powerful. They could +command great forces, against which it was in vain, in most cases, for the +Scottish Borderers to contend. Hence when they were assailed they drove +their cattle into the recesses of mountain or forest, burned or otherwise +destroyed what they could not remove--so that the enemy might be enriched +as little as possible--and betook themselves to some distant shelter, +where they awaited the course of events. As soon as the enemy had +withdrawn, they returned to their places of abode, which, though +destroyed, were easily reconstructed--the work of rebuilding being done in +a day or two--and then they set about recouping themselves for the losses +they had sustained by making incursions on the English Border, and +carrying off every thing they could lay their hands on. This system of +plunder and reprisal went on merrily along the whole line of the Borders +for many generations. All the great Border families were involved in it, +and devoted themselves to the work with a zeal and enthusiasm which left +nothing to be desired. They doubtless felt that in plundering the English +they were not only enriching themselves, but promoting the interests of +their country, and paying back a long standing and heavily accumulating +debt. + + + + +II. + +PERCY'S PENNON. + + "It fell about the Lammas time + When Yeomen wonne their hay, + The doughty DOUGLAS 'gan to ride + In England to take a prey." + + BATTLE OF OTTERBURN. + + +The Battle of Otterburn, which took place in the autumn of 1388, is +without question one of the most interesting episodes in Border history, +and is especially significant as an illustration of the prowess and +chivalry of the Border Chiefs. The chief combatants on the Scottish side +were the Earls of Douglas, Moray, March, and Crawford, the Lord +Montgomery, and Patrick Hepburn of Hales, and his son. On the English side +were Sir Henry (Hotspur) and Sir Ralph Percy, sons of the Earl of +Northumberland; the Seneschal of York, Sir Ralph Langley, Sir Matthew +Redman, governor of Berwick, Sir Robert Ogle, Sir Thomas Grey, Sir Thomas +Hatton, Sir John Felton, Sir John Lillburne, Sir William Walsingham, and +many others, all good men and true. The circumstances which brought about +this famous encounter are worth recalling, as they shed an interesting +light on the history of the period, as well as on the manners and customs +of the age. The Scots, with the aid of their French allies, under the +command of Sir John de Vienne, had made frequent successful incursions +upon the English Borders, ravaging with fire and sword considerable +districts of the country, both to the east and west of the frontier. This +naturally led to retaliating expeditions. At last the state of affairs +became so desperate that the young King, Richard II., determined to invade +Scotland, and mete out summary punishment on the depredators. An army of +extraordinary power and splendour was assembled; and the King, attended by +his uncles and all the principal nobles of the kingdom, set out for the +Scottish Border. If he expected to reap a rich harvest of booty by this +invasion of the Scottish kingdom he was doomed to bitter disappointment. +As he passed through Liddesdale and Teviotdale at the head of his army he +found that the country had been cleared of everything that could be +conveniently carried off. The cattle had been driven into the forest and +mountain fastnesses; all the goods and chattels had been secured in places +of safety; nothing was left but the green crops, and these being trampled +upon were rendered practically worthless. But most wonderful of all--he +never could come within sight of the enemy! The whole region through which +he passed was lonely and desolate as a wilderness. The reason of this was +that the French and Scots forces had fallen back upon Berwick, the +commander of the Scots army being unwilling to hazard the fate of the +country by an encounter with such an overwhelmingly superior force. The +French commander, De Vienne, was impatient, and bitterly disappointed at +not being permitted to attack the invaders. The Earl of Douglas, in order +to demonstrate the hopelessness of an encounter, conveyed him to a lofty +eminence, commanding a mountain pass through which the English army was at +that moment defiling, and where unseen themselves, they could see its +imposing array. The Scottish leader pointed out the number and discipline +of the men-at-arms, and the superiority of the equipments of the archers, +and then asked the French Knight whether he could recommend the Scots to +encounter such a numerous and completely accoutred army with a few +ill-trained Highland bowmen, and their light-armed prickers mounted on +little hackneys. He could not but admit the risk was too great. "But yet," +said he, "if you do not give the English battle they will destroy your +country." "Let them do their worst," replied Douglas, "they will find but +little to destroy. Our people have all retired into the mountains and +forests, and have carried off their flocks and herds and household stuff +along with them. We will surround them with a desert, and while they never +see an enemy they shall never stir a bow-shot from their standards +without being overpowered with an ambush. Let them come on at their +pleasure, and when it comes to burning and spoiling you shall see which +has the worst of it." "But what will you do with your army if you do not +fight," said De Vienne; "and how will your people endure the distress and +famine and plunder which must be the consequences of the invasion?" "You +shall see that our army shall not be idle," was the reply; "and as for our +Scottish people, they will endure pillage, and they will endure famine, +and every other extremity of war, but they will not endure English +masters." + +The wisdom of this course was proved by subsequent results. The English +army by the time it reached Edinburgh had got into the most desperate +straits owing to the scarcity of provisions. Multitudes perished from +want, and to escape total destruction a retreat was ordered through those +very districts "which their own merciless and short-sighted policy had +rendered a blackened desert." + +There is one important fact brought before us in this connection which +demands a passing notice. The Reformers have often been severely censured +for the wholesale destruction of the ancient Abbeys so intimately +associated with the "fair humanities" of the ritual and worship of the +Church of Rome. The saying attributed to Knox, about pulling down the +rookeries to prevent the crows building, has served as a convenient text +for many a philippic on the iconoclastic spirit and tendency of +Protestantism. But the truth is that Knox had as little sympathy with what +he calls the "rascal multitude," which sometimes engaged in this kind of +work, as any of those opposed to him. Our Abbeys for the most part owe +their destruction not to Reforming zeal, but to Catholic England's +cupidity and revenge. The beautiful Abbeys of Melrose, Dryburgh, and +Newbattle were given to the flames by the English soldiers at this time, +and the wanton destruction of these noble edifices created in the Scottish +mind a feeling of deep and bitter hostility. Jedburgh, too, owes its +destruction not to Scottish iconoclasm, but to English invasion. It was +pillaged and partly burned by the Earl of Surrey in the year 1523, and its +destruction was practically completed by the Earl of Hereford twenty-two +years afterwards; so that, so far at least as the Border Abbeys are +concerned, the charge so often preferred against the Reformers is a base +and stupid calumny. + +It was this invasion of the English army which led the Scottish nobles to +organise the expedition which may be said to have terminated so gloriously +at Otterburn. "The Scots," says Godscroft, "irritated herewith boyled with +desire and revenge, being at that time very flourishing with strong youth, +and never better furnished with commanders." The barons did not think it +politic, for various reasons, to take the King into their confidence. He +was of an essentially pacific disposition, and moreover was well stricken +in years, and it is almost certain, had the matter been laid before him, +he would have opposed the movement to the utmost of his power. His sons, +however, were prepared to give every encouragement and assistance, and the +barons in order to allay suspicion, and especially to prevent the English +getting to know their purposes and plans, assembled at a great feast in +Aberdeen and took counsel together. But, as Froissart says, "Everything is +known to them who are diligent in their inquiries." The English nobles +sent spies to Aberdeen, who, appearing in the guise of heralds and +minstrels, became familiar with the plans of the Scottish barons, and +speedily carried the information back to their own country. When the +Scottish army ultimately assembled at Yetholm, close to the English +Border, the English lords were well informed on nearly every point on +which information could be desired. Such a muster had not been seen, so it +was said, for sixty years. "There were twelve hundred spears, and forty +thousand other men and archers. These lords were well pleased on meeting +with each other, and declared they would never return to their homes +without making an inroad on England, and to such an effect as would be +remembered for twenty years."[4] + +The English had arranged that, if the Scots entered the country through +Cumberland and Carlisle, they would ride into Scotland by Berwick and +Dunbar, for they said, theirs is an open country that can be entered +anywhere, but ours is a country with strong and well fortified towns and +castles. It was therefore important they should know what route the Scots +had determined upon. To ascertain this they sent a spy to the Scots' camp +that he might report to them not only their intentions, but their speeches +and actions. The English squire who came on this errand had a singular and +exciting experience. He tied his horse to a tree in the neighbourhood of +the church, where the barons were assembled, and entered into the church, +as a servant following his master. When he came out he went to get his +horse, but to his consternation the animal had disappeared, "for a +Scotsman (for they are all thieves) had stolen him."[5] He went away, +saying nothing about his loss, a circumstance which at once excited +suspicion. One who saw him remarked, "I have witnessed many wonderful +things, but what I now see is equal to any; that man yonder has, I +believe, lost his horse, and yet he makes no inquiries after it. On my +troth, I doubt much if he belongs to us; let us go after him, and see +whether I am right or not." He was immediately apprehended, brought back, +and examined. He was told that if he tried to deceive them he would lose +his head, but if he told the truth he would be kindly treated. Being in +dread of his life, he divulged all he knew, and especially explained with +minuteness of detail the plans which had been concocted by his compatriots +for the invasion of Scotland. "When the Scottish lords heard what was said +they were silent; but looked at each other." + +It was now resolved to divide the army into two sections; one section, and +that much the larger of the two, to go into England through Cumberland, +the other to proceed along the valley of the Tyne to Durham. The latter +company, under the command of the Earl of Douglas, made a rapid march +through Northumberland, keeping a "calm sough" all the way, but as soon as +they got into the neighbourhood of Durham the fiends of war were let +loose. The first intimation the garrison in Newcastle had that the enemy +was within their gates, was the dense volumes of smoke which ascended from +burning towns and homesteads. Having gathered together an immense quantity +of booty, the Scots set out on their return journey, and crossing the Tyne +assaulted Newcastle, filling the ditches with hay and faggots, hoping +thereby to have drawn out the enemy to the open fields. But the English, +being in doubt as to the real strength of the Scots' army, were afraid to +challenge an encounter. But Sir Henry Percy, better known as _Hotspur_, +being desirous to try his valour, offered to fight the Douglas in single +combat. "They mounted on two faire steeds, and ran together with sharp +ground spears at outrance; in which encounter the Earl Douglas bore Percie +out of his saddle. But the English that were by did rescue him so that he +could not come at himself, but he snatched away his spear with his guidon +or wither; and waving it aloft, and shaking it, he cried aloud that he +would carry it into Scotland as his spoil."[6] The account which Froissart +gives of this notable encounter differs in some particulars from the +foregoing. He says:--"The sons of the Earl of Northumberland, from their +great courage, were always the first barriers, when many valiant deeds +were done with lances hand to hand. The Earl of Douglas had a long +conflict with Sir Henry Percy, and in it, by gallantry of arms, won his +pennon, to the great vexation of Sir Henry and the other English." The +Earl of Douglas said, "I will carry this token of your prowess with me to +Scotland, and place it on the tower of my castle at Dalkeith that it may +be seen from far." "By God, Earl of Douglas," replied Sir Henry, "you +shall not even carry it out of Northumberland; be assured you shall never +have the pennon to brag of." "You must come then," answered Earl Douglas, +"this night and seek for it. I will fix your pennon before my tent, and +shall see if you venture to take it away." As the balladist has vigorously +put it-- + + He took a long spear in his hand, + Shod with the metal free, + And for to meet the Douglas there, + He rode right furiouslie. + + But O how pale his lady look'd, + Frae aff the castle wa', + When down before the Scottish spear + She saw proud Percy fa'. + + "Had we twa been upon the green, + And never an eye to see, + I wad hae had you, flesh and fell;[7] + But your sword sall gie wi' me." + + "But gae ye up to Otterbourne, + And wait there dayis three; + And, if I come not ere three dayis end, + A fause knight ca' ye me." + + "The Otterbourne's a bonnie burn; + 'Tis pleasant there to be; + But there is nought at Otterbourne, + To feed my men and me. + + "The deer rins wild on hill and dale, + The birds fly wild from tree to tree; + But there is neither bread nor kail, + To fend[8] my men and me. + + "Yet I will stay at Otterbourne, + Where you shall welcome be; + And, if ye come not at three dayis end, + A fause lord I'll ca' thee." + + "Thither will I come," proud Percy said, + "By the might of our Ladye!" + "There will I bide thee," said the Douglass, + "My troth I plight to thee." + + They lighted high on Otterbourne, + Upon the bent sae brown; + They lighted high on Otterbourne, + And threw their pallions down. + + And he that had a bonnie boy, + Sent out his horse to grass; + And he that had not a bonnie boy, + His ain servant he was. + + +The Earl of Douglas having withdrawn his gallant troops to Otterburn, in +the parish of Elsdon, some thirty-two miles from Newcastle, and within +easy reach of the Scottish Border, was strongly urged to proceed towards +Carlisle, in order to join the main body of the army; but he thought it +best to stay there some three or four days at least, to "repell the +Percy's bragging." To keep his soldiers from wearying, he set them to take +some gentlemen's castles and houses that lay near, a work which was +carried out with the greatest alacrity and goodwill. They also +strengthened and fortified the camp where it was weak, and built huts of +trees and branches. Their baggage and servants they placed at the entrance +of a marsh, which lay near the Newcastle road; and driving their cattle +into the marsh land, where they were comparatively safe, they waited the +development of events. + +Nor were they long kept in suspense. The English having discovered that +the Scottish army was comparatively small, resolved at once to risk an +encounter. Sir Henry Percy, when he heard that the Scottish army did not +consist of more than three thousand men, including all sorts, became +frantically excited, and cried out--"To horse! to horse! for by the faith +I owe to my God, and to my lord and father, I will seek to recover my +pennon, and to beat up their quarters this night." He set out at once, +accompanied by six hundred spears, of knights and squires, and upwards of +eight thousand infantry, which he said would be more than enough to fight +the Scots. + +If Providence is always on the side of the heaviest battalion, as Napoleon +was wont to affirm, then the Scots on this occasion are in imminent danger +of having "short shrift." But it has been found that the fortunes of war +depend on a variety of circumstances that are frequently of more +importance than the number of troops, either on the one side or the other. +Discipline and valour, when combined with patriotism and pride-of-arms, +have accomplished feats which the heaviest battalions are sometimes +impotent to achieve. We by no means wish to imply that the English were +deficient in these desirable qualities; far from it. They were splendidly +led, and in the encounter displayed the most heroic qualities; but they +were matched by a small body of men, of the most dauntless courage and +invincible determination who were thoroughly inured to battle, and ever +ready at the call of duty, to encounter the most powerful foes. The Scots +were taken by surprise. Some were at supper, and others had gone to rest +when the alarm was given that the English were approaching. + + But up then spake a little page, + Before the peep of dawn-- + "O waken ye, waken ye, my good lord, + For Percy's hard at hand." + + "Ye lie, ye lie, ye liar loud! + Sae loud I hear ye lie; + For Percy had not men yestreen, + To dight my men and me. + + "But I have dream'd a dreary dream, + Beyond the Isle of Sky; + I saw a dead man win a fight, + And I think that man was I." + + He belted on his guid braid sword, + And to the field he ran; + But he forgot the helmit good, + That should have kept his brain. + + +The battle now raged in earnest. A bright warm day had been followed by a +clear still moonlight night. "The fight," says Godscroft, "was continued +very hard as among noble men on both sides, who did esteem more of glory +than life. Percy strove to repair the foil he got at Newcastle, and the +Earl Douglas did as much labour to keep the honour he had won. So in +unequal numbers, but both eager in mind, they continued fighting a great +part of the night. At last a cloud covering the face of the moon, not +being able to discern friend from foe, they took some respite for a while; +but so soon as the cloud was gone, the English gave so hard a charge, +that the Scots were put back in such sort, that the Douglas standard was +in great peril to have been lost. This did so irritate him, that he +himself in the one wing, and the two Hepburns (father and son) in the +other, pressing through the ranks of their own men, and advancing to the +place where the greatest peril appeared, renewed a hard conflict, and by +giving and receiving many wounds, they restored their men into the place +from whence they had been beaten, and continued the fight till the next +day at noon."[9] Foremost, in the thick of the fray, was the dauntless +Douglas, laying about him on every side with a mace of iron, which two +ordinary men were not able to lift, "and making a lane round about +wheresoever he went." + + When Percy wi' the Douglas met + I wat he was fu' fain! + They swakked their swords till sair they swat, + And the blood ran down like rain. + +"Thus he advanced like another Hector, thinking to recover and conquer the +field, from his own prowess, until he was met by three spears that were +pointed at him: one struck him on the shoulder, another on the stomach, +near the belly, and the third entered his thigh. He could never disengage +himself from these spears, but was borne to the ground fighting +desperately. From that moment he never rose again. Some of his knights and +squires had followed him, but not all; for though the moon shone it was +rather dark. The three English lances knew they had struck down some +person of considerable rank, but never thought it was Earl Douglas: had +they known it they would have been so rejoiced that their courage would +have been redoubled, and the fortune of the day had consequently been +determined to their side. The Scots were ignorant also of their loss till +the battle was over, otherwise they would certainly, from despair, have +been discomfited."[10] + +When at last the dying Douglas was discovered by his kinsman, James +Lindsay and John and Walter Sinclair, and was asked how he fared, he +replied, "I do well dying as my predecessors have done before; not on a +bed of lingering sickness, but in the field. These things I require you as +my last petitions; First, that ye keep my death close both from my own +folk, and from the enemy; then that ye suffer not my standard to be lost, +or cast down; and last that ye avenge my death, and bury me at Melrose +with my father. If I could hope for these things, I should die with the +greater contentment, for long since I heard a prophecy that a dead man +should win a field, and I hope in God it shall be I."[11] + + "My wound is deep; I fain would sleep, + Take thou the vanguard of the three, + And hide me by the bracken bush, + That grows on yonder lilye lee. + + "O bury me by the bracken bush, + Beneath the blooming brier, + Let never living mortal ken, + A kindly Scot lies here."[12] + +Throwing a shroud over the prostrate body of the wounded and dying +soldier, that the enemy might not discover who it was that had fallen, +they raised the standard and shouted lustily "a Douglas! a Douglas!" and +rushed with might and main upon the English host. Soon the English ranks +began to waver, and when at last it was known that Hotspur had been taken +prisoner by the Earl of Montgomery, "The enemy fled and turned their +backs." According to Godscroft there were 1840 of the English slain, 1040 +taken prisoners, and 1000 wounded. The losses on the Scottish, according +to the same historian, were comparatively trifling, amounting only to 100 +slain and 200 taken prisoners. + + This deed was done at Otterbourne + About the breaking of the day, + Earl Douglas was buried at the bracken bush, + And the Percy led captive away. + + +There are several incidents connected with this famous battle that are +worthy of special notice, but one in particular demands a passing word. +The Bishop of Durham, at the head of ten thousand men, appeared on the +field almost immediately after the battle had ended. The Scots were +greatly alarmed, and scarcely knew how, in the circumstances,--having so +many prisoners and wounded to attend to,--they were to meet this +formidable host. They fortified their camp, having only one pass by which +it could be entered; made their prisoners swear that, whether rescued or +not, they would remain their prisoners; and then they ordered their +minstrels to play as merrily as possible. The Bishop of Durham had +scarcely approached within a league of the Scots when they began to play +such a concert that "it seemed as if all the devils in hell had come +thither to join in the noise," so that those of the English who had never +before heard such were much frightened. As he drew nearer, the noise +became more terrific--"the hills redoubling the sound." The Bishop being +impressed with the apparent strength of the camp, and not a little alarmed +at the discordant piercing sounds which proceeded from it, thought it +desirable to retreat as speedily as possible, as it appeared to him that +there were greater chances of loss than gain. "He was affrighted with the +sound of the horns." + +Thus ended one of the most notable battles on record. The flower of the +chivalry of both nations took part in it, and never did men acquit +themselves with greater credit. Indeed it is generally admitted that the +valour displayed on both sides has rarely, if ever, been surpassed. But +perhaps most notable of all was the kindness and consideration displayed +towards those who had been wounded or taken prisoner. The former were +tended with the greatest care; and as for the latter, the most of them +were permitted to go back to their homes, after having given their word of +honour that they would return when called upon. Not more than four hundred +prisoners were carried into Scotland, and some of these were allowed to +regain their liberty by naming their own ransom. + +Many severe accusations have been brought against Scotsmen, and especially +Borderers, for their cruelty and inhumanity in time of war. It is perhaps +possible to make good this indictment; but we do not believe that in +regard to such matters the Scots were worse than their neighbours. And if +they had great vices, they had also splendid virtues. They were brave, +truthful, courteous, too ready perhaps to draw the sword on the slightest +provocation, but as has been shown in the present instance, they were +incapable of taking a mean advantage of a fallen foe. They loved fighting +for its own sake, as well as for the sake of the "booty," but when the +battle was over they cherished few resentments. The splendid qualities, +physical and moral, so conspicuously brought to view in the battle of +Otterburn cannot fail to suggest what a magnificent country Scotland might +have become many centuries ago had she only been blessed with wise Kings +and a strong Government. + + + + +III. + +POOR AND LAWLESS. + + "Mountainous and strange is the country, + And the people rough and savage." + + +We have seen that the feeling of hatred to the English which prevailed on +the Scottish Borders was due to some extent to the memory of the wrongs +which the Borderers had suffered at the hands of their hereditary enemies. +That this feeling had something to do with the existence and development +of the reiving system, must be apparent to every student of history and of +human nature. It was the most natural thing in the world that the dwellers +on the Scottish Border should seek to retaliate; and as the forces at +their command were seldom powerful enough to justify their engaging in +open warfare, they resorted to the only other method of revenge which held +out to them any hope of success. + +But while this aspect of the situation ought to be kept prominently in +view, there are other factors of the problem which must not be overlooked. +In the Middle Ages the district of country known as the Borders must have +presented a very different appearance from what it does at the close of +the 19th century. The Merse, which is now, for the most part, in a high +state of cultivation, and capable of bearing the finest crops, was then in +a comparatively poor condition, looked at from an agricultural point of +view. The soil in many places was thin, poor, and marshy. Drainage was +unknown, and the benefits accruing from the rotation of crops, and the +system of feeding the soil with artificial manures, so familiar in these +days of high farming, were then very inadequately appreciated. Perhaps an +exception to this statement ought to be made in favour of the land held +and cultivated by the great religious houses, such as Melrose, Jedburgh, +and Kelso. The tenants on these lands enjoyed special privileges and +immunities, and were thus able to prosecute their labour not only with +more skill, but with a greater certainty of success. It is sometimes said +that the monks knew where to pitch their camps; that they appropriated to +their own use and benefit the fairest and richest parts of the country; +but, as Lord Hailes very pertinently remarks, "When we examine the sites +of ancient Monasteries, we are sometimes inclined to say with the vulgar, +that the clergy in former times always chose the best of the land, and +the most commodious habitations, but we do not advert, that religious +houses were frequently erected on waste grounds, afterwards improved by +the art and industry of the clergy, who alone had art and industry."[13] +The land held by these houses was cultivated on more or less scientific +principles. "Within the precincts of the wealthier abbeys," says Skelton, +"an active industrial community was housed. The prescribed offices of the +church were of course scrupulously observed: but the energies of the +society were not exclusively occupied with, nor indeed mainly directed to, +the performance of religious duties. The occupants of the monasteries wore +the religious garb; but they were road-makers, farmers, merchants, +lawyers, as well as priests.... The earliest roads in Scotland that +deserved the name were made by the Monks and their dependents; and were +intended to connect the religious houses as trading societies with the +capital or nearest seaport. A decent public road is indispensable to an +industrial community: and a considerable portion of the trade of the +country was in the hands of the religious orders. The Monks of Melrose +sent wool to the Netherlands; others trafficked in corn, in timber, in +salmon.... Each community, each order, as was natural, had its +characteristic likings and dislikings. One house turned out the best +scholars and lawyers, another the finest wool and the sweetest mutton; one +was famed for poetry and history, another for divinity or medicine."[14] +It would therefore be nearer the truth to say that the monks made the +districts in which they lived rich and fertile; than that they found them +so, and took possession of them in consequence. + +But beyond the sphere of these monastic institutions, the state of matters +from an agricultural point of view could hardly have been worse. This was +mainly due to the fact that, so far as Berwickshire and some parts of +Dumfriesshire are concerned, the tiller of the soil was never sure that he +would have the privilege of reaping his harvest. By the time the grain was +ready for the sickle an English army might invade the country and give the +crops to the flames. This happened so frequently, and the feeling of +insecurity thus became so great, that husbandry at times was all but +abandoned. There can be no doubt that this was one prime factor in +creating the poverty which was so long a marked and painful feature of the +life of the Scottish Borders. + +On the other hand, there was a considerable extent of country, extending +from Jedburgh to Canobie, which was practically unfit for cultivation. The +Royal Forest of Ettrick was of great extent, and was reserved as a happy +hunting ground for the Court and its minions. Along the banks of the +Teviot and the Liddle, embracing a considerable portion of Roxburgh and +Dumfries, the extent of land capable of cultivation was by no means great, +even though it had been found practical, or politic, to put it under the +ploughshare. This region is one of the most mountainous in the South of +Scotland, and in ancient times abounded in quaking bogs and inaccessible +morasses. This district naturally became the favourite haunt of the Border +reiver. Here he could find ways and means either of securing his own +cattle, or those he had "lifted," from the search of the enemy by driving +them into some inaccessible retreat, the entrance to which it was +difficult, if not impossible, for strangers to discover. + +Of the general condition of the country at this time a vivid picture has +been given by AEneas Sylvius, one of the Piccolomini, afterwards Pius II., +who visited Scotland in the year 1413. He thus writes:--"Concerning +Scotland he found these things worthy of repetition. It is an _island +joined_ to England, stretching two hundred miles to the North, and about +fifty broad: a cold country, fertile of few sorts of grain, and generally +void of trees, but there is a sulphureous stone dug up which is used for +firing. The towns are unwalled, the houses commonly built without lime, +and in villages roofed with turf, while a cow's hide supplies the place of +a door. The commonalty are poor and uneducated, have abundance of flesh +and fish, but eat bread as a dainty. The men are small in stature, but +bold; the women fair and comely, and prone to the pleasures of love, +kisses being esteemed of less consequence than pressing the hand is in +Italy. The wine is all imported; the horses are mostly small ambling nags, +only a few being preserved entire for propagation; and neither curry-combs +nor reins are used. From Scotland are imported into Flanders hides, wool, +salt, fish, and pearls. _Nothing gives the Scots more pleasure than to +hear the English dispraised._ The country is divided into two parts, the +cultivated lowlands, and the region where agriculture is not used. The +wild Scots have a different language, and sometimes eat the bark of trees. +There are no wolves. Crows are new inhabitants, and therefore the tree in +which they build becomes royal property. At the winter, when the author +was there, the day did not exceed four hours." + +That there are several inaccuracies in this account goes without saying, +but they are just such mistakes as a person making a hurried run through +the country would very naturally commit. Wolves and crows were much more +plentiful at that period than the inhabitants wished, as may be seen from +various Acts of Parliament which were passed in order to promote their +destruction. But the general description of the country here given agrees, +in its main details, with other contemporary records, and presents a truly +dismal picture of the poverty of the people. + +Even as late as the 16th century there were few well-formed roads, other +than those already mentioned. There were no posts, either for letters or +for travelling. Education was confined to the library of the Convent, +where the sons of the barons were taught dialectic and grammar. Society +consisted mainly of the agricultural class, who were half enslaved to the +lords of the soil, and obliged to follow them in war. The people were +fearfully rude and ignorant, much more so than the English--in this +respect, indeed, contrasting unfavourably with almost any other European +State. Few of them could either read or write; even the most powerful +barons were often unable to sign their names. As might be expected in such +a condition of society, the nobles exercised great oppression on the poor. +The Government of the country was a mere faction of the nobility as +against all the rest. It is said that when a man had a suit at law he felt +he had no chance without using "influence." Was he to be tried for an +offence, his friends considered themselves bound to muster in arms around +the court to see that he got justice; that is, to get him off unpunished +if they could. Men were accustomed to violence in all forms as to their +daily bread. "The hail realm of Scotland was sae divided in factions that +it was hard to get any peaceable man as he rode out the hie way, to +profess himself openly, either to be a favourer to the King or Queen. All +the people were castin sae lowss, and were become of sic dissolute minds +and actions, that nane was in account but he that could either kill or +reive his neighbours."[15] + +Such facts as these indicate in a remarkable way the extraordinary +weakness of the executive government. It is abundantly evident that the +Scottish Parliament was most exemplary in passing measures for the +protection and amelioration of the people, but as Buchanan naively +remarks, "There was ane Act of Parliament needed in Scotland, a decree to +enforce the observance of the others." The King's writ did not run in many +districts of the country. The unfortunate element in the situation was +that it did not always coincide with the interests of the nobles to see +that the decrees of the Estates were carried into effect; and as a general +rule what did not happen to accord with their humour was set aside as of +no moment. The consequence was that many Acts of Parliament, relating +especially to the abnormal condition of the Borders, were no sooner passed +than they were treated as practically obsolete. This accounts for the +curious fact that we find the legislature returning again and again, at +brief intervals, to the consideration of the same questions, and issuing +orders which might as well never have been recorded. When the counsels of +a nation are thus divided, and especially when those who are charged with +the administration of the law pay no regard to it, in their own persons, +it would be a marvel if lawlessness in its multifarious forms did not +become the dominant characteristic of the great body of the people. That +this was the result produced is painfully evident. The great barons were +practically supreme within their own domains, for while the execution of +the laws might nominally pertain to the Sovereign, the soldiers belonged +to their Chiefs, and were absolutely at their command. Laws which cannot +be enforced at the point of the sword must in the nature of the case +remain practically inoperative. This unfortunate condition of affairs was +a fruitful source of misery and mischief, especially on the Borders, where +the prevalence of the clan-system conferred on the Chiefs the most +arbitrary and far-reaching powers. Had there been any possibility of +bringing the Border barons under effective governmental control "the +thefts, herschips, and slaughters," for which this district was so long +notorious, would have been in great part prevented. These men not only +incited to crime, but standing as they did between the ruler and the +ruled, they threw the aegis of their protection over the lawless and +disobedient. + +If only that nation is to be reckoned happy which has few laws, but is +accustomed to obey them, then Scotland, and the Borders in particular, +must have been in a most unfortunate condition during a lengthened period +of its history. The laws passed were numerous; the obedience rendered most +difficult to discover. But while these enactments rarely succeeded in +producing the results aimed at, they are, notwithstanding, exceedingly +valuable to the historian because of the interesting light they cast on +the conditions and habits of the people. In the year 1567, in the first +Parliament of James VI., an important Act was passed, entitled "Anent +Theft and Receipt of Theft, Taking of Prisoners by Thieves, or Bands for +Ransoms, and Punishment of the same." It relates especially to the +Sheriffdoms of Selkirk, Roxburgh, Peebles, Dumfries, and Edinburgh, "and +other inhabitants of the remanent Shires of the Realm," bearing that it is +not unknown of the continual theft, reif, and oppression committed within +the bounds of the said Sheriffdoms, by thieves, traitors, and other +ungodly persons, having neither fear of God nor man, which is the chief +cause of the said thefts. And that the said thieves and "broken men" +commit daily "thefts, reifs, herschips, murders, and fire raisings" upon +the peaceable subjects of the country, "besides also takes sundrie of +them," detains them in captivity as prisoners, ransoms them, "or lettis +them to borrowis for their entrie again." In like manner, it is said, +divers subjects of the inland, take and sit under their assurance paying +them blackmail, and permitting them to "reif, herrie, and oppress their +nichtbouris" with their knowledge and in their sight, without resistance +or contradiction. + +To remove these inconveniences it was statute and ordained that whoever +receipted, fortified, maintained, or gave meat, harbourage, or assistance +to any thieves in their theftuous stealing or deeds, either coming +thereto, or passing therefrom, or intercommunes or trysts with them, +without licence of the keeper of the country, where the thief remains +shall be called therefore at particular diets "criminally other airt and +pairt in their theftuous deeds," or proceeded against civilly, after +fifteen days warning, "without diet or tabill." It was further ordained +under pain of lese majesty, that no true and faithful lieges taken by +these men should be holden to enter to them, all bonds to the contrary +notwithstanding. And if anyone should happen to take and apprehend any of +the said thieves, either in passing to commit said theft, or in the actual +doing thereof, or in their returning thencefrom, he was in no case to set +them at liberty; but to present them before the Justice, and his deputies +in the tolbooth of Edinburgh, within fifteen days, "gif their takeris +justifye them not to the death them selfis." Further, it was ordained that +none take assurance, or sit under assurance of said thieves, or pay them +blackmail, or give them meat or drink, under pain of death. In like +manner when thieves repaired to steal or reive within the incountry the +lieges were commanded to rise, cry, and raise the fray and follow them, +coming or going, on horse and foot, for recovery of the goods stolen, and +apprehending of their persons, under pain of being held partakers in the +said theft. It was also added that if any open and notorious thief came to +a house, the owner of the house might apprehend him without reproach.[16] + +These enactments are at once minute and comprehensive, and had the power +to enforce them corresponded in any degree with the good intentions of +those who framed them, there would have been a considerable change +produced in the affairs of the Border. But the truth is these so-called +statutes were but little better than mere "pious opinions," reflecting +credit on those responsible for them, but producing no impression, or next +to none, on the country. Not many years after the passing of these Acts we +find the Estates busy at work again passing measure after measure for the +quieting of the disordered subjects on the Borders, for the staunching of +theft and slaughter, and the punishment of "wicked thieves and limmers." +Things had gone from bad to worse. Every man's hand was against his +neighbour. Clan rose against clan; the Scotts and the Kerrs, the Maxwells +and Johnstones, were constantly embroiled in petty warfare, the results +of which, however, were sometimes most disastrous. "The broken +men"--Graemes, Armstrongs, Bells, and other inhabitants of the Debateable +land--finding it either unsafe or inconvenient to commit such frequent +"herschips" on the English border, betook themselves with all their +accustomed enthusiasm to the plundering of their Scottish neighbours. They +are described as "delighting in all mischief, and maist unnaturally and +cruelly wasting and destroying, harrying and slaying, their own +neighbours." The Privy Council at last determined to deal with these +matters, and arranged to sit on the first day of every month in the year +for this purpose. Trial and injunction was to be taken of the diligence +done in the execution of things directed the month preceding, and of +things necessary and expedient to be put in execution during the next +month to come, and that a special register be kept of all that shall +happen to be done and directed in matters concerning the quietness and +good rule of the Borders. But to make assurance doubly sure it was also +ordained at the same time that all landlords and bailies of the lands, +should find sufficient caution and surety, under pain of rebellion, to +bring all persons guilty of "reife, theft, receipt of theft, depredations, +open and avowed fire-raisings, upon deadly feud, protected and maintained +by their masters," before "our sovereign lord's Justice," to underlie the +law for the same. Failing their doing so, the landlords and bailies were +bound to satisfy the party skaithed, and to refund, content, and pay to +them their "herschips and skaithes." And further, the chief of the clan, +in the bounds where "broken men" dwell, and to which "broken men" repair +in their passing to steal and reive, or returning therefrom, shall be +bound to make the like stay and arrestment, and publication as the +landlords or bailies, and be subject to the like redress, criminal and +civil, in case of their failure and negligence. In addition to the +foregoing ordinances, it was resolved that all Captains, Chiefs, and +Chieftains of the clans, dwelling on the lands of divers landlords, shall +enter pledges for those over whom they exercise authority, upon fifteen +days' notice, before his Highness and his secret Council, said pledges to +be placed as his Highness shall deem convenient--"for the good rule in +time coming, according to the conditions above written whereunto the +landlords and bailies are subject; under the pain of the execution of the +said pledges to the death, and no redress made by the persons offended for +whom the pledges lie." + +We also learn from another Act of Parliament, passed at the same time, +that all pledges received for the good rule and quietness of the Border +shall be placed on the north side of the water of Forth, without exception +or dispensation; and the pledges for the good rule of the Highlands and +Isles, to be placed on the south side of the same water of Forth. + +But one of the most extraordinary Acts passed by this Parliament was an +Act forbidding the Scottish Borderers to marry the daughters of the +"broken men" or thieves of England, as it was declared this was "not only +a hindrance to his Majesty's service and obedience, but also to the common +peace and quietness betwixt both the Realms." It was therefore statute and +ordained "that nane of the subjects presume to take upon hand to marrie +with onie English woman, dwelling in the opposite Marches, without his +Highness' express licence, had and obtained to that effect, under the +great Seal; under the paine of death, and confiscation of all his goods +moveable; and this be a special point of dittay in time cumming." + +These enactments were doubtless well meant, and under ordinary +circumstances might have been expected to bring about beneficial results; +but unfortunately they were treated with callous indifference. No +improvement was effected. The "broken men" were not to be intimidated by +such measures. They laughed at Parliament, and scorned the laws. This is +brought out in the most conclusive manner in the records of the State +Paper Office, as we shall have occasion to point out in succeeding +chapters. But proof of another kind lies ready to hand. An Act of +Parliament was passed in 1593, just six years after those already noticed, +in which complaint is made of the rebellious contempt of his Highness' +subjects who, without regard of their dutiful obedience, pass daily to the +horn, "for not finding of law surety;" and "for not subscribing of +assurances in matter of feud," and for "dinging and stricking his +Majesty's messengers," in execution of their offices. Notice is also taken +of some who nightly and daily reive, foray, and commit open theft and +oppression: "for remead whereof, our said Sovereign Lord, ordains the Acts +and laws made before to be put to execution, and ratifies and approves the +same in all points." It was further ordained that no respite or remission +was to be granted at any time hereafter to any person or persons that pass +to the horn for "theft, reif, slauchter, burning or heir-shippe, while the +party skaithed be first satisfied; and gif ony respite or remission shall +happen to be granted, before the partie grieved be first satisfied, the +samin shall be null and of nane avail, be way of exception or reply, +without any further declaritour; except the saidis remissiones and +respittes be granted, for pacifying of the broken Countries and +Borders."[17] + +These may be regarded as fair samples of the long list of measures passed +at different times by the Scottish Parliament for the regulation of +Border affairs during the reign of the Jameses. In reading them one is +forcibly reminded of a remark made by one of the English wardens, that +"things were very tickle on the Scottish Border." No respect was paid to +the law, either by the Chiefs or their clansmen. In the preface to Cary's +Memoirs, these Scottish Borderers are described as "equalling the Caffirs +in the trade of stealing, and the Hottentots in ignorance and brutality." +This savage indictment is borne out by Sir William Bowes who, in a letter +to Burghley in the year 1593--nearly forty years after the +Reformation--thus writes:--"The opposite wardens and officers being always +Borderers bred and dwelling there, also cherish favourites and strengthen +themselves by the worst disposed, to support their factions. And as they +are often changed by the King for their misdemeanours, the new man always +refuses to answer for attempts before his time. Cessford the warden cannot +answer for the whole Middle March, but must seek to Fernihirst for one +part, and Buccleuch for Teviotdale. + +"_Execrable murders are constantly committed_, whereof 4 new complaints +were made to the lords in the few days they were here, and 3 others this +month in Atholstonmoor. The gentlemen of the Middle March recount out of +their memories nearly 200 Englishmen, miserably murdered by the Scots, +since the tenth year of her Majesty's reign, for which no redress hath at +all been made.... I have presumed to testify this much to your lordship +more tediously than I should; yet will be ready to do more particularly, +if you direct me. Praying you to receive from some other, equally heedful +of truth--and in meantime trusting you will cover my name from undeserved +offence--I pray God to make you an instrument under our gracious sovereign +to cure the aforesaid gangrene thus noisomely molesting the foot of this +kingdom."[18] + +This "gangrene" was of long standing, and as we shall find was not to be +easily eradicated. + +But while poverty,--largely due to circumstances over which the people had +no control,--and lawlessness,--the result of the inherent weakness of the +central government,--had much to do in creating that condition of affairs +on the Borders which we have briefly described, there were other and +perhaps more potent causes which demand consideration. Foremost among +these was the almost entire absence of the restraints and sanctions of +religion. In one of the Acts of Parliament already noticed it is +significantly declared that one of the principal causes of the lawlessness +of the Borders was that "they had neither the fear of God nor man." To +those familiar with certain phases of Border history this may appear +somewhat anomalous. At an early period in the religious life of Scotland +this district was brought under the influence of the Evangel by St. Aidan +and St. Cuthbert. That the work of these missionaries was signally +successful, is shown in the large number of churches planted all over the +Borderland. After the time of Queen Margaret, whose influence in certain +directions was almost marvellously potent, the great religious houses of +the Borders rose in rapid succession, such as Melrose, Kelso, and +Jedburgh, each a centre and source of religious and social wellbeing. The +moral life of the people, notwithstanding the existence of such beneficent +institutions, may have been of an indifferent character; but what the +state of matters might have been, had those places, and what they +represented, never been in existence at all, it is impossible to conceive. +It was a true instinct which led the people to regard the Abbey of +Haddington as the "Lamp of the Lothians." And the same designation might +have been applied with equal appropriateness to every Abbey in the +country. Those places for many generations represented all that was +highest and best in the thought and life of Mediaevalism. Here law and +order were supreme. Round those religious houses industrial, orderly +communities sprang up, whose influence was felt throughout the length and +breadth of the land. The Monasteries may deserve all that was said of +them in later times, but, throughout a considerable period of their +history, their influence was almost wholly beneficial. Scotland owes much +to them, and there is no reason why the fact should not be generously +recognised. It is no doubt true that, for some considerable time before +the Reformation, those great institutions had sadly degenerated. "Jeshurun +waxed fat and kicked." The time came when they had, perforce, to yield to +those disintegrating processes which usually herald the advent of reform. +The old order changeth. The new wine of a democratic Protestantism, in +which the claims of the individual, his right to think for himself, and +form his own judgments, are prominent ingredients, agreed but +indifferently with the old bottles of an earlier Faith and Polity. And so +the Monasteries disappeared. + +But it was long ere the new light of the Reformation made itself +practically felt on the Borders. When the influences which had hitherto +been so potent ceased to operate, a condition of religious and moral chaos +supervened. Hundreds of churches were left without ministers. Whole +districts practically lapsed into barbarism. For at least fifty years +after the Reformation, the Scottish Borders were to all intents and +purposes out-with the influence of the Church. Even as late as the +Covenanting period their condition had not greatly improved. "We learn," +says Sir Walter Scott, "from a curious passage in the life of Richard +Cameron, a fanatical preacher during what is called the time of +'persecution,' that some of the Borderers retained till a late period +their indifference about religious matters. After having been licensed at +Haughead, in Teviotdale, he was, according to his biographer, sent first +to preach in Annandale. 'He said, How can I go there? I know what sort of +people they are.' But Mr Welch said, 'Go your way, Ritchie, and set the +fire of hell to their tails.' He went, and the first day he preached on +the text--_How shall I put thee among the children, &c._ In the +application he said, 'Put you among the children! the offspring of thieves +and robbers! we have all heard of Annandale thieves.' Some of them got a +merciful cast that day, and told afterwards that it was the first field +meeting they had ever attended, and that they went out of mere curiosity, +to see a minister preach in a tent, and people sit on the ground."[19] + +During the period of religious decadence, prior to the Reformation, a +remarkable custom, not unknown elsewhere, prevailed on the Borders. Owing +to the scarcity of clergymen, especially in the Vales of Ewes, Esk, and +Liddle, the rites of the church were only intermittently celebrated, a +circumstance which gave rise to what was known as _Hand-fasting_. Loving +couples who met at fairs and other places of public resort agreed to live +together for a certain period, and if, when the _book-a-bosom_ man, as the +itinerant clergyman was called, came to pay his yearly visit to the +district, they were still disposed to remain in wedlock they received the +blessing of the church; but if it should happen that either party was +dissatisfied, then the union might be terminated, on the express +condition, however, that the one desiring to withdraw should become +responsible for the maintenance of the child, or children, which may have +been born to them. "The connection so formed was binding for one year +only, at the expiration of which time either party was at liberty to +withdraw from the engagement, or in the event of both being satisfied the +'hand-fasting' was renewed for life. The custom is mentioned by several +authors, and was by no means confined to the lower classes, John Lord +Maxwell and a sister of the Earl of Angus being thus contracted in January +1577."[20] + + + + +IV. + +RAIDS AND FORAYS. + + "Then forward bound both horse and hound, + And rattle o'er the vale; + As the wintry breeze through leafless trees + Drives on the pattering hail. + + "Behind their course the English fells + In deepening blue retire; + Till soon before them boldly swells + The muir of dun Redswire." + + LEYDEN. + + +To give anything like an adequate account of the various raids and forays, +on the one side of the Border and the other, would fill many volumes. +These raids, as we have already noticed, began at an early period, and +were carried on almost without intermission for at least three hundred +years. The Armstrongs and Elliots in Liddesdale, and many of the other +noted clans in Merse and Teviotdale, were "always riding." As an English +warden remarks in one of his despatches to the Government:--"They lie +still never a night"--a statement which may be accepted as literally true. +At some point or other along the Border line, invasions either on the +part of the Scots or English were constantly occurring. In this respect, +more especially during the reign of Queen Elizabeth, the Scots were +perhaps the principal offenders. But as a general rule their invasions, +though frequent, were on a comparatively small scale, partaking rather of +the nature of forays than of raids. They would hurriedly cross the Border +of an evening, drive together as many cattle or sheep as they could find, +and then hasten back with all possible speed to their own country. +Sometimes, if they were compelled to go a considerable distance inland, +they would hide during the day in some quiet glen, within the enemy's +territory, and then sally forth as soon as the moon lent her kindly aid, +and accomplish with the utmost expedition the task which had brought them +thither. It is said that these incursions were marked with the desire of +spoil rather than of slaughter, a statement which may be true so far as +forays generally are concerned, but which certainly does not apply to the +more important raids. These latter incursions were marked with every +element of ferocity and bloodshed. In some of the raids conducted by +Cessford and Buccleuch, in the 15th century, in Redesdale and Tynedale, +many lives were sacrificed, and all who offered resistance were put to the +sword. Hertford, Wharton, and others, in their raids upon the Scottish +Border seemed often more intent on shedding blood than securing booty. +The statement that these incursions were marked with a desire of spoil +rather than bloodshed must therefore be accepted _cum grano salis_. + +It would seem that the season of year most favourable to reiving was +between Michaelmas and Martinmas. The reason of this is not difficult to +discover. The reivers in their expeditions hardly ever went on foot. They +rode small hackneys--hardy, well-built animals--on which they cantered +over hill and dale, moor and meadow, a circumstance which gained for them +the name of _hobylers_. In the late autumn the moors and mosses were drier +than at any other season of the year, which made riding, in certain +districts especially, a much more easy and expeditious undertaking. Then +the winter supply had to be secured. The beef tub required replenishing, +and as the "mart" was rarely ever fed at home it had to be sought for +elsewhere. It was a case of all hands to work, and every available horse +or rider was brought into requisition. + +Leslie has given a graphic description of the methods adopted by the +Border reivers to secure their booty. Everything was gone about in the +most orderly and deliberate manner. He says that the reivers never told +their beads with so much devotion as when they were setting out on a +marauding expedition, and expected a good booty as a recompense of their +devotion! "They sally out of their own borders in troops, through +unfrequented ways and many intricate windings. In the day time they +refresh themselves and their horses in lurking places they had pitched on +before, till they arrive in the dark at those places they have a design +upon. As soon as they have seized upon their booty, they, in like manner, +return home in the night; through blind ways and fetching many a compass. +The more skilful any captain is to pass through these wild deserts, +crooked turnings, and deep precipices, in the thickest mists and darkness, +his reputation is the greater, and he is looked upon as a man of an +excellent head, and they are so very cunning, that they seldom have their +booty taken from them, unless sometimes, when by the help of bloodhounds, +following them exactly upon the track, they may chance to fall into the +hands of their adversaries. When being taken they have so much persuasive +eloquence, and so many smooth and insinuating words at command, that if +they do not move their judges, nay and even their adversaries, to have +mercy, yet they incite them to admiration and compassion." + +Such a skilful "Captain," as is here referred to, was the famous Hobbie +Noble, who terminated his adventurous career in "Merrie Carlisle," where +so many famous freebooters, at one time or other, have paid the last +penalty of the law. Speaking of himself, he says:-- + + "But will ye stay till the day gae down, + Until the night come o'er the ground, + And I'll be a guide worth ony twa + That may in Liddisdale be found! + + "Though the night be dark as pick and tar, + I'll guide ye o'er yon hill sae hie; + And bring ye a' in safety back, + If ye'll be true and follow me." + + +But the skill of the leader of the foray was not always sufficient to +bring his followers safely back to their homes and families. When the +bloodhounds were put on the track it was often a matter of the greatest +difficulty for the thieves to elude their pursuers. + + "The russet bloodhound wont, near Annand's stream, + To trace the sly thief with avenging foot + Close as an evil conscience." + + +These useful animals were kept at different points along the Border, and +as they rendered most important services, we are not surprised to learn +that a good sleuth-hound often sold as high as a hundred crowns. + +It may be interesting, before proceeding to give an account of some of the +more famous raids, to glance briefly at the manner in which the raiders +were armed and accoutred for the fray. Froissart has given the following +account of the Scottish Borderers, and Scottish soldiers generally, as +they appeared towards the close of the fourteenth century. "The Scots," he +says, "are bold, hardy, and much inured to war. When they make their +invasions into England, they march from twenty to four-and-twenty leagues +without halting, as well by night as by day; for they are all on +horseback, except the camp followers, who are on foot. The knights and +esquires are mounted on large bay horses, the common people on little +Galloways. They bring no carriages with them, on account of the mountains +they have to pass in Northumberland; neither do they carry with them any +provisions of bread and wine, for the habits of sobriety are such in time +of war that they will live a long time on flesh half sodden, without +bread, and drink the river water without wine. They have therefore no +occasion for pots or pans, for they dress the flesh of their cattle in the +skins after they have taken them off; and being sure to find plenty of +them in the country which they invade, they carry none with them. Under +the flaps of his saddle each man carries a broad plate of metal, behind +the saddle a little bag of oatmeal. When they have eaten too much of the +sodden flesh, and their stomach appears weak and empty, they place this +plate over the fire, mix with water their oatmeal, and when the plate is +heated they put a little of the paste upon it and make a thin cake like a +cracknel or biscuit, which they eat to warm their stomachs; it is +therefore no wonder they perform a longer day's march than other soldiers. +In this manner the Scots entered England, destroying and burning +everything as they passed. They seized more cattle than they knew what to +do with. Their army consisted of four thousand men at arms, knights, and +esquires, well mounted, besides twenty thousand men, bold and hardy, armed +after the manner of their country, and mounted upon little hackneys that +are never tied up or dressed, but are turned immediately after the day's +march to pasture on the heath or in the field."[21] + +It may be said that this description--which, it may be remarked, is as +graphic in outline as it is minute in detail--applies rather to the +regular army than to those undisciplined marauding bands which infested +the Borders, and to which the name "reivers" or "mosstroopers" is usually +assigned. This is no doubt true. At the same time, it must not be +forgotten that many of the more important raids were undertaken by large +bodies of troops, numbering sometimes three or four thousand men. This +much at least is certain that the Border reiver was always well mounted, +and well armed with lance or spear, which, on occasion, he could use with +much dexterity and skill. With a steel cap on his head, a jack slung over +his shoulders, a pistol or hagbut at his belt, he was ever ready for the +fray, and prepared to give or take the hardest blows. He was naturally +fond of fighting. Like Dandie Dinmont's terriers he never could get enough +of it, and must have found life peculiarly irksome when he was compelled +to desist from his favourite pastime. He lived in the saddle, and was as +unaccustomed to the ordinary occupations of the world as the wild Arab of +the desert. + +Even to enumerate the raids and forays on the one side or the other, of +which some record has been left either in the Histories of the two +Kingdoms, or in the archives of the State Paper Office, would be an almost +endless task, and moreover would serve no really useful purpose. The +details of the "burnings," "herschips," and "slaughters," which were the +necessary concomitants of these invasions, are much the same in all cases. +It is a dreary tale of theft and oppression, bloodshed and murder. The +following incidents may be taken as fairly illustrative examples. + +During the reign of Henry VIII. the relations between the two kingdoms +were often of a most unsatisfactory and unsettled character. This was due +to a variety of causes, partly political and partly religious. The same +difficulties cropped up in the subsequent reigns of Edward, Mary, and +Elizabeth, and the consequence was that war clouds were ever hanging, dark +and threatening, on the horizon. The mutual antagonism between the two +countries fostered the raiding tendencies of both kingdoms. The Scots were +intent on despoiling their more wealthy neighbours, and the English never +missed an opportunity of humiliating and crippling their ancient foes. + +Two of the most destructive invasions, or raids, on the part of the +English were conducted by the Earl of Hertford and Sir Ralph Eure. The +former invaded the country both by sea and land. Edinburgh and Leith +suffered severely. The Abbey and Palace of Holyrood were given to the +flames. All along the east coast, and southwards as far as Merse and +Teviotdale, marked the steps of the retreating and relentless invaders. +Henry's savage instructions were faithfully carried out. When Hertford set +out on this expedition he was commanded "to put all to fire and sword, to +burn Edinburgh town, and to raze and deface it; when you have sacked it, +and gotten what you can out of it, as that it may remain for ever a +perpetual memory of the vengeance of God lighted upon it, for their +falsehood and disloyalty. Do what you can out of hand, and without long +tarrying, to beat down and overthrow the Castle, sack Holyrood-house, and +as many towns and villages about Edinburgh as ye conveniently can; sack +Leith and burn and subvert it, and all the rest, putting man, woman, and +child to fire and sword, without exception, where any resistance shall be +made against you; and this done, pass over to the Fife land, and extend +the extremities and destructions in all towns and villages whereunto you +may reach conveniently, and not forgetting amongst all the rest so to +spoil and turn upside down the Cardinal's town of St. Andrews, as the +upper stone may be the nether, and not one stick stand by another, sparing +no creature alive within the same, specially such as in friendship or +blood be allied to the Cardinal."[22] + +This hideous policy on the part of the English King was fruitful mainly of +bitter memories. He did not accomplish the object he had in view, but he +certainly succeeded in engendering in the Scottish mind a feeling of the +most bitter hostility. It produced, however, one good result. It alienated +from the English monarch some of those nobles who had for some time been +wavering in their allegiance to the Scottish throne, and had been, either +secretly or openly, lending their aid to further the machinations of the +English government. + +But destructive as Hertford's invasion proved (which has been well +described as only a foray on a large scale), it was totally eclipsed by +the raid undertaken by Sir Ralph Eure in the following year, 1544. He +crossed the Scottish Border with a considerable army, and laid waste +nearly the whole of Merse and Teviotdale, reducing that large and +important district to a blackened desert. Jedburgh and Kelso were burnt +to the ground, and the surrounding country plundered and destroyed. "The +whole number of towns, towers, stedes, barnekins, parish churches, +bastel-houses, seized, destroyed, and burnt, in all the Border country, +was an hundred and ninety-two, Scots slain four hundred, prisoners taken +eight hundred and sixteen, nolt ten thousand three hundred and eighty-six, +sheep twelve thousand four hundred and ninety-six, gayts (goats) two +hundred, bolls of corn eight hundred and fifty, insight gear--an +indefinite quantity. + +"The great part of these devastations were committed in the Mers and +Teviotdale.... The other commanders of chief note, besides Sir Ralph Eure, +were Sir Brian Laiton and Sir George Bowes. On the 17th July, Bowes, +Laiton, and others burnt Dunse, the chief town of the Mers, and John +Carr's son with his garrison entered Greenlaw, and carried off a booty of +cattle, sheep, and horses. On the 19th of the same month, the men of +Tyndale and Ridsdale, returning from a road into Tiviotdale, fought with +the laird of Ferniherst and his company, and took himself and his son John +prisoners. On July 24th the Wark garrison, the Captain of Norham Castle, +and H. Eure, burnt long Ednim, made many prisoners, took a bastel-house +strongly kept, and got a booty of forty nolt and thirty horses, besides +those on which their prisoners were mounted, each on a horse. August 2d, +the captain of Norham burnt the town of Home, hard to the castle gates, +with the surrounding stedes. September 6th, Sir Ralph Eure burnt Eikford +church and town, the barnekyn of Ormiston, and won by assault the Moss +Tower, burnt it, and slew thirty-four people within it; he likewise burnt +several other places in that neighbourhood, and carried off more than five +hundred nolt and six hundred sheep, with a hundred horseload of spoils got +in the tower. September 27th, the men of the east and part of the middle +march won the church of Eccles by assault, and slew eight men in the abbey +and town, most part gentlemen of head sirnames; they also took several +prisoners, and burnt and spoiled the said abbey and town. On the same day +the garrison of Berwick brought out of the east end of the Mers six +hundred bolls of corn, and took prisoner Patrick Home, brother's son to +the laird of Ayton. November 5th, the men of the middle march burnt +Lessudden, in which were sixteen strong bastel-houses, slew several of the +owners, and burnt much corn. November 9th, Sir George Bowes and Sir Brian +Laiton burnt Dryburgh, a market town, all except the church, with much +corn, and brought away a hundred nolt, sixty nags, an hundred sheep, and +much other booty, spoilage, and insight-gear."[23] + +This record is an instructive one. It shows how these merciless raiders +were dominated by the spirit of destruction and revenge. Nothing was +spared which it was possible for them to destroy. This invasion must have +proved peculiarly vexatious and disheartening to the Scottish Borderers. +Flodden had left them terribly crippled. The damage they had sustained was +not only of a material kind--the loss of men and resources--it was also, +to a certain extent, moral and intellectual. They had become utterly +disheartened, and it was some considerable time before they regained their +wonted confidence and intrepidity: + + "Dool and wae for the order, sent our lads to the Border! + The English, for ance, by guile wan the day: + The flowers of the forest, that fought aye the foremost, + The prime of our land, are cauld in the clay. + + "We'll hear nae mair lilting, at the ewe milking; + Women and bairns are heartless and wae: + Sighing and moaning on ilka green loaning-- + The flowers of the forest are a' wede awae." + + +The darkest part of the night precedes the dawn. Help was forthcoming from +an unexpected quarter. Henry had promised to give Eure a grant of all the +land he could conquer in Merse, Teviotdale, and Lauderdale, and it so +happened that the greater part of the district named belonged to Angus, +who was then in disgrace at the Scottish Court, and for some time had been +currying favour with the English King. When he learned what had taken +place, his indignation was unbounded. He swore that "if Ralph Eure dared +to act upon the grant, he would write his sasine, or instrument of +possession, on his skin with sharp pens and bloody ink." Scotland has not +unfrequently been deserted by her nobles at the most critical periods of +her history, but just as often has she been saved by their valour and +patriotism. On the present occasion, Angus was not moved to action, +perhaps, by any really patriotic feeling. Had his own interests not been +imperilled, he would in all probability have remained an idle spectator of +the ruin and devastation which, like a flood, was rushing over the land. +Be this as it may, he acted with promptitude and effect. Having been +joined by the Regent, who brought with him a small and hastily-gathered +force, Angus challenged the English army at Melrose; and, though at first +he was compelled to retreat, he hung upon the rear of the enemy until, +joined by Sir Walter Scott of Buccleuch and the redoubtable Norman Leslie, +he gave them battle on Ancrum Moor. The English, flushed with confidence +by their former successes, rushed precipitately upon the Scottish army, +believing that their ranks had fallen into confusion, and were preparing +for flight. It was not long ere they were undeceived. The Scots were ready +for the encounter, and in a short time completely routed the formidable +host by which they were assailed. The battle speedily became a slaughter. +Sir Ralph Eure and Sir Brian Layton both lay dead on the field, a thousand +prisoners were taken, among them being many persons of rank, for whom high +ransoms were exacted. It is said that the peasantry of the neighbourhood, +hitherto only spectators of the short conflict, drew near to intercept and +cut down the English; and women, whose hearts had been steeled against the +fugitives by their atrocious barbarities, joined in the pursuit, and +spurred on the conquerors by calling upon them to "remember Broomhouse." +One of these heroines has been immortalized. Her monument may still be +seen in the neighbourhood of Ancrum. On it were inscribed the following +lines:-- + + "Fair maiden Lilliard lies under this stane, + Little was her stature, but great was her fame; + Upon the English loons she laid many thumps, + And when they cutted off her legs she fought upon her stumps." + + +Some may be disposed to think that the devastations caused by Hertford and +Sir Ralph Eure must be exceptional; that the raiding and reiving must have +gone on much more quietly than such accounts would lead us to suppose. But +this is not so. The Borders were kept in a constant state of turmoil. They +had no sooner recovered from one invasion than they were subjected to +another. Long before Hertford's time, for example, Lord Dacre, one of the +English wardens, made a succession of the most disastrous raids on the +Scottish Border, and carried off immense quantities of booty. He was +exultant over his good fortune. Writing under date October 29, 1513, he +says:--"On Tewsday at night last past, I sent diverse of my tennents of +Gillislande to the nombre of lx. personnes in Eskdalemoor upon the Middill +Merches, and there brynt vii. howses, tooke and brougth away xxxvj. head +of cattle and much insight. On weddinsday at thre of the clok efter noon, +my broder Sir Christopher assembled diverse of the kings subjects beyng +under my reull, and roode all night into Scotland, and on Thurisday, in +the mornynge, they began upon the said Middill Merchies and brynt +Stakeheugh, with the hamletts belonging to them, down, Irewyn bwrne, being +the chambrelain of Scotland owne lands and undre his reull, continewally +birnyng from the Breke of day to oone of the clok after noon, and there +wan, tooke and brought awey cccc. hede of cattell, ccc. shepe, certaine +horses and verey miche insight, and slew two men, hurte and wounded +diverse other persones and horses, and then entered Ingland ground again +at vij. of the clok that night."[24] + +Such a record as this ought to have given great satisfaction to the +Government. Lord Dacre had evidently done his utmost to impoverish and +ruin the unfortunate Scottish Borderers. But the English appetite at this +time was not easily satisfied. Naturally enough Dacre's invasion led to +reprisals, and so successful had the Scots been in their forays on the +opposite Border that the English Government blamed their representative +for not having prevented these raids. In reply to these rather unjust +complaints, Dacre wrote saying that "for oone cattell taken by the Scotts +we have takyn, won and brought awey out of Scotland a hundreth; and for +oone shepe two hundreth of a surity. And has for townships and housis, +burnt in any of the said Est, Middill, and West Marches within my reull, +fro the begynnyng of this warr unto this daye,... I assure your lordships +for truthe that I have and hes caused to be burnt and distroyed sex times +moo townys and howsys within the West and Middill Marches of Scotland, in +the same season then is done to us, as I may be trusted, and as I shall +evidently prove. For the watter of Liddall being xij. myles of length,... +whereupon was a hundreth pleughs;... the watter of Ewse being viij. myles +of length in the said Marches, whereupon was vii. pleughs,... lyes all +and every of them waist now, noo corn sawn upon the said ground.... Upon +the West marches I have burnt and distroyed the townships of Annand +(together with thirty-three others mentioned in detail), and the Water of +Esk from Stabulgorton down to Cannonby, being vi. myles in lenth, whereas +there was in all tymes passed four hundreth ploughes and above, which are +now clearly waisted and noo man duelling in any of them in this daye, save +oonly in the towrys of Annand Steepel and Walghapp (Wauchope)."[25] + +As might be expected these inroads were not allowed to pass unredressed, +as the Scots never missed an opportunity of retaliating. During the latter +half of the fifteenth century they were considerably weakened by the +successive wars in which they were compelled to engage in their own +defence; but we find that a century later, during the reign of Elizabeth, +they had completely recovered, and made their power felt in no uncertain +manner. They raided upon the opposite Border without intermission, +plundering all and sundry, sparing only those who were prepared to pay +them blackmail, "that they might be free from their cumber." The English +wardens were comparatively helpless, owing to their lack of men and horses +to defend the Marches. The Scottish reivers were not easily captured; and +when it came to an encounter, unless matched against a greatly superior +force, they almost invariably gave a good account of themselves. We find +Eure affirming, in a letter to Cecil, under date May, 1596, that the +spoils of his March amounted to the sum of L120,000, "the redress for +which is so cunningly delayed that the Queen's service is ruined."[26] Sir +Robert Cary, who was warden of the East March, has a still more doleful +tale to relate. He says that when he applied to the opposite warden for +redress he "got nothing but fair words." He furnished his Government with +a note of the "slaughters, stouthes, and reafes," committed within his +wardenry, which shows that the Scottish reivers were ever ready to make +the most of their opportunities. The following is the suggestive list:-- + +"Nicolos Bolton of Mindrum slain in daylight at his own plough by Sir +Robert Kerre of the Spielaw and his servants. + +"Thomas Storie of Killam slain there by night by Sir Robert Kerre and his +servants. + +"John Selby of Pawston slain by the Burnes defending his own goods in his +own house there. + +"John Ewart of Corham slain on English ground at the rescue of Englishmen +bringing their own goods. + +"'Reafes.'--In Hethpoole in daylight by the Davisons, Yonges, and Burnes +of 40 kyen and oxen, and hurting Thomas and Peter Storye, &c., in peril of +their lives. Another there by daylight by the Kerres, Yonges, and Taites, +of 46 head of neate, shooting John Gray with a 'peice' in peril of death, +and hurting one of the Brewhouses following, and taking his horse. In +West Newton in daylight by James Davidson of the Burnyrigge, &c., of 5 +horse and mares; another there at night taking up 2 horses, 20 neate, and +insight worth 20 nobles. + +"On Thomas Routledge of Killam, at night, by the Yonges, of 30 kyen and +oxen. On Adam Smith of Brigge mylle at night by the Kerres, Yonges, +Burnes, &c., of 20 neate, and 5 horse and mares. In Cowpland, by the +Yonges, Burnes, and Kerres on Gilbert Wright, 'by cutting up his doores +with axes,' of 30 neate, 4 horses and mares, and insight worth L10. In +Haggeston by the Yonges, Halles, Pyles, and Amysleyes, 'by cutting up +their doores with axes,' of 30 neate, 5 naegs, and hunting 4 men in peril +of death. On Ralph Selby, of West wood, by the Yonges, &c., 'by breaking +his tower,' and taking 3 geldings worth L60 sterling 'and better.'"[27] + +Then follows a long list of "Stouthes," which it would only be a weariness +to repeat. These incidents had all occurred in this March within a brief +period, and may be accepted as an illustration of what was going on almost +every day in the year within the respective wardenries. This game, it may +be said, was indulged in with equal spirit and pertinacity on both sides. +We read of two men in the Middle March in England coming into Liddesdale +and carrying off 30 score kye and oxen, 31 score sheep and "gait," 24 +horse and mares, and all their insight--"the people being at their +schellis, lipning for no harme, and wounded twa puir men to their deid." +At the same time, Captain Carvell, with 2000 "waigit" men, by Lord +Scrope's special command, burnt "six myle of boundis in Liddisdale, tuik +sindrie puir men and band them twa and twa in leisches and cordis, and +that 'naikit,' taking awa a 1000 kye and oxen, 2000 sheep and 'sex scoir +of hors and merris,' to the great wrak of the puir subjects."[28] + +These forays, it must be admitted, were sometimes conducted in the most +relentless and cruel spirit. We read, for example, of one "Sowerby," near +Coldbeck, having his house broken into, and himself most cruelly used. +"They set him on his bare buttocks upon an hote iron, and then they burned +him with an hote girdle about his bellie, and sundry other parts of his +body, to make him give up his money, which they took, under L4."[29] + +Some of the most interesting episodes in Border history were not the +outcome of any deep laid scheme, but the result of some sudden and +unexpected emergency. It was difficult for the inhabitants of the opposite +Marches to come into close contact without the greatest danger of an +outbreak of hostilities. Individual families were often on friendly terms, +and were ready even to assist each other on occasion. The Scots sometimes +brought the English to help them to rob those who lived in their own +neighbourhood; and the English, on the other hand, were equally ready to +avail themselves of the assistance of those on the opposite Border when +they had a similar object in view. But when they came together in their +hundreds or thousands, as they sometimes did on a "Day of Truce," then it +was a matter of supreme difficulty to keep them from flying at each +other's throats. Feeling ran high, and a word, a look, was sometimes +sufficient to change an otherwise peaceful meeting into one of turmoil and +bloodshed. + +One notable instance of this kind is known as the "Raid of the Reidswire." +Sir John Foster, the English warden, and Sir John Carmichael, the warden +on the opposite March, had a meeting for the regulation of Border affairs, +on the 7th July, 1575. Each warden was attended by his retinue, and by the +armed clans inhabiting the district. As the balladist describes it: + + "Carmichael was our warden then, + He caused the country to convene; + And the Laird's Wat, that worthy man, + Brought in that sirname weil beseen: + The Armestranges, that aye ha'e been + A hardy house, but not a hail, + The Elliots' honours to maintaine, + Brought down the lave o' Liddisdale. + + "Then Tividale came to wi' spied; + The Sheriffe brought the Douglas down, + Wi' Cranstane, Gladstain, good at need, + Baith Rewle water and Hawick town, + Beanjeddart bauldly made him boun, + Wi' a' the Trumbills, strong and stout; + The Rutherfoords with grit renown, + Convoy'd the town of Jedbrugh out." + + +The two parties had apparently met on the best of terms. Mirth and good +fellowship prevailed. The pedlars erected their temporary booths, and sold +their wares. The gathering presented the appearance of a rural fair. No +one could have suspected that so much bad feeling was hidden under such a +fair exterior, and ready to burst forth in a moment with volcanic fury. +Yet such was the case. A dispute arose betwixt the two wardens about one +Farnsteen, a notorious English freebooter, against whom a bill had been +"filed" by a Scottish complainer. Foster declared that he had fled from +justice, and could not be found. Carmichael regarded this statement as a +pretext to avoid making compensation for the felony. He bade Foster "play +fair." The English warden was indignant. Raising himself in the saddle, +and stretching his arm in the direction of Carmichael, he told him to +match himself with his equals! + + "Carmichael bade them speik out plainlie, + And cloke no cause for ill nor good; + The other, answering him as vainlie, + Began to reckon kin and blood: + + He raise, and raxed him where he stood, + And bade him match with him his marrows; + Then Tindaill heard them reason rude, + And they loot off a flight of arrows." + + +The cry was raised, "To it, Tynedale," and immediately the merry meeting +was turned into a Donnybrook fair, where hard blows were given and +received. The Scots at first had the worst of the encounter, and would +have been completely routed had it not been for two circumstances. The men +of Tynedale, conscious of their superior strength, began to rifle the +"merchant packs," and thus fell into disorder. At this juncture a band of +citizens of Jedburgh, armed with fire-arms, unexpectedly, but most +opportunely, appeared on the scene, and in a short time the skirmish ended +in a complete victory for the Scots. Sir John Heron was slain, and Sir +John Foster and many other Englishmen of rank taken prisoner. + + "But after they had turned backs, + Yet Tindaill men they turn'd again, + And had not been the merchant packs, + There had been mae of Scotland slain. + + But, Jesu! if the folks were fain + To put the bussing on their thies; + And so they fled, wi' a' their main, + Down ower the brae, like clogged bees." + + +The prisoners were sent to Dalkeith, where for a short time they were +detained in custody by the Earl of Morton. He ultimately dismissed them +with presents of falcons, which gave rise to a saying on the Borders that +for once the Regent had lost by his bargain, as he had given live hawks +for dead herons,--alluding to the death of Sir John Heron. + + "Who did invent that day of play, + We need not fear to find him soon; + For Sir John Forster, I dare well say, + Made us this noisome afternoon. + Not that I speak preceislie out, + That he supposed it would be perril; + But pride, and breaking out of feuid + Garr'd Tindaill lads begin the quarrel." + + +"The Queen of England," says Ridpath, "when informed of these proceedings, +was very much incensed, and sent orders to her Ambassador, Killigrew, who +had a little before gone to Scotland, to demand immediate satisfaction for +so great an outrage. Killigrew was also directed to inform the Regent that +the Queen had ordered the Earl of Huntingdon, who was then president of +the Council at York and lieutenant of the northern counties, to repair to +the Borders for the trial and ordering of the matter; and that she +expected that Morton would meet him in person for that effect. Morton, +ever studious to gratify Elizabeth, readily agreed to the proposal. The +two Earls accordingly met at Fouldean, near the Berwick boundary, and +continued their conferences there for some days, in the course of which +Morton made such concessions, and agreed to such conditions of redress, as +entirely healed the offence. Carmichael, who was considered as the +principal offender, was sent as a prisoner into England, and detained a +few weeks at York; but the English Court being now convinced that +Forrester had been in the wrong in the beginning of the fray, the Scottish +warden was dismissed with honour, and gratified with a present to +effectuate the restitution of goods which Morton had engaged should be +made by the subjects of Scotland, he summoned all on this side of the +Forth to attend him with twenty days' provision of victuals in an +expedition to the Borders, but this summons sufficed to awe the offenders +to make of themselves the restitution required."[30] + + + + +V. + +THE WARDENS OF THE MARCHES. + + "The widdefow wardanis tuik my geir, + And left me nowthir horse nor meir, + Nor erdly guid that me belangit; + Now, walloway! I mon be hangit." + + PINKERTON. + + +Owing to the peculiar circumstances in which the Borders were placed, it +was found necessary, for the preservation of order, and the detection and +punishment of crime, to appoint special officers, or wardens, armed with +the most extensive powers. On either side of the Border there were three +Marches, lying opposite each other, called the East, West, and Middle +Marches. The wardens were, as a general rule, officers of high rank, +holding special commissions from the Crown. The English government had +little difficulty in finding gentlemen of high station and proved ability +to undertake the duties of such an office; but in Scotland the King was +considerably circumscribed in his choice, as the Border Chiefs were +accustomed to carry things with a high hand, and in any arrangements +relating to the management of affairs in their own districts, their wishes +and interests had, perforce, to be respected. The office of warden was +regarded as belonging, by a kind of prescriptive or hereditary right, to +one or other of the more prominent and powerful Border families. This +policy was fraught with many disadvantages, and, it must be frankly +admitted, produced the very evils it was designed to suppress. The +Scottish wardens had other objects in view besides the maintenance of a +certain semblance of law and order in the districts over which they ruled. +They seldom lost sight of their own pecuniary interests, and frequently +prostituted their high office to secure their own ends. The wardens +themselves were often the principal offenders. + +In the East March the warden was most generally either an Earl of Home or +a Ker of Cessford. The Middle March was long under the supervision of the +Earls of Bothwell and the Lords of Buccleuch. The West March was usually +represented either by a Johnstone or a Maxwell. + +The Scottish wardens, though invested with the most arbitrary powers, +found it politic to enter into bonds of alliance with the neighbouring +Chiefs, in order not only to increase their influence and power within +their own wardenries, but to add to their authority when called upon to +deal with questions of a more general nature. This fact reveals +unmistakably the weakness of the central government of the country at +this period, and indicates the important part which was played by the +nobility in the administration of the affairs of the nation. + +Several of these "Bonds" have been preserved. Some of them are too lengthy +for quotation, but the following one--which is comparatively brief--may be +taken as a fair sample of the whole. It is subscribed by the Lairds of +Buccleuch, Hunthill, Bon-Jeddart, Greenhead, Cavers, and Redheugh, in +favour of Sir Thomas Ker of Fernihirst, and runs as follows:--"We +undersigned, inhabitants of the Middle March of this realm opposite +England, understanding how it has pleased the King's majesty our sovereign +lord to make and constitute Sir Thomas Ker of Fernihirst Knight his +Highness warden and justice over all the Middle March, and acknowledging +how far we are in duty bound to the service by our counsel and forces to +be employed in the assistance of his said warden in all things tending to +the good rule and quietness of the said Middle March, and setting forth of +his Highness authority against these traitors, rebels, and other +malefactors to their due punishment, and defence and safety of true men. +Therefore we be bound and obliged, and by the tenor hereof binds and +obliges us, and every one of us, that we should truly serve the King's +Majesty our sovereign lord, and obey and assist his said warden, in the +premiss, and shall concur with others in giving of our advice and +counsel, or with our forces in pursuit or defence of the said thieves, +traitors, rebels, and other malefactors disobedient to our sovereign +lord's authority, or disturbers of the public peace and quietness of the +realm, as we shall be charged or warned by open proclamations, missives, +bailies, or other the like accustomed forms as we will answer to his +Highness upon our obedience at our highest charge and peril, if we shall +be found remiss or negligent, we are content to be repute held and +esteemed as favourers and partakers with the said thieves, traitors, +rebels, and malefactors in their treasonable and wicked deeds, and to be +called, pursued, and punished therefor, according to these laws in example +of others."[31] + +There can be no doubt that these "Bonds" were often contracted in good +faith; that is to say, those who subscribed them were honestly desirous to +fulfil, both in the spirit and letter, the obligations thus undertaken. It +is, however, worthy of remark that those who had thus sworn allegiance to +the warden had not infrequently ends of their own to serve, which +conflicted with their duty to the representatives of law and order. +Thieves were harboured, or at least allowed to remain unmolested, on the +estates, or within the jurisdiction, of those who had thus professedly +banded themselves together for their detection and punishment. The result +was that the subscribers to the "Bond" were occasionally reported to the +government for their delinquencies, and prosecuted and punished for their +breach of faith. Thus we find that on one occasion Walter Ker of Cessford, +James Douglas of Cavers, George Rutherford of Hunthill, and Ker of +Dolphingstone were convicted of art and part of the favour and assistance +afforded to Robert Rutherford, called Cokburn, and John Rutherford, called +Jok of the Green, and their accomplices, rebels and at the horn; +permitting them to pass within their bounds continually for divers years +past; for not using their utmost endeavour to hinder them from committing +sundry slaughters, stouth-reifs, thefts and oppressions on the King's poor +lieges, nor ejecting the said rebels, their wives and their children, from +their bounds and bailiaries, but knowingly suffering them to pass within +their limits and to remain therein beyond the space of twelve hours, to +commit sundry crimes during the time of their passing and reset within the +shire in which they dwelt, thereby breaking, transgressing, and violating +their obligation and "Bond" to the King, and incurring the pains contained +in the said "Bond."[32] + +It is remarkable, considering the reputation enjoyed by the Borderers for +being true to their word, that such occurrences should have to be so +frequently complained of. + +Unfortunately, the wardens were as little animated by a high sense of +honour as those who had solemnly pledged themselves to support them in the +discharge of the duties of their office. They frequently, and in some +cases almost systematically, exercised the powers conferred on them, not +in trying to preserve the public peace, but in wreaking vengeance on their +enemies. A striking instance of this is to be seen in the conflict which +was so long waged between the Johnstones and the Maxwells, and which +produced endless misery and mischief throughout a wide area. + +All things considered, the wardens were well remunerated for such services +as they were able to render. The usual fee appears to have been L100 per +annum. In 1527 the Earl of Angus had L100 for the East and a similar sum +for the Middle March. In 1553 the Warden's fee was L500, but he had to +surrender the one half of the "escheats" to the authorities. When William +Ker of Cessford was appointed warden of the Middle March and keeper of +Liddesdale, his salary for the former office was L100, and for the latter +L500. But these sums represented but a small part of the actual income. +They were also allowed forage and provision for their retinue, which +consisted of a guard of horsemen. They had in addition a portion of the +"unlaws" or fines imposed in the warden courts, and at certain periods +these must have amounted to a large sum. The law ordained that "the +escheat of all thieves and trespassers that are convict of their movable +goods, ought and should pertain to the warden for his travail and labours, +to be used and disposed by him at his pleasure in time coming. The warden +ought and should take and apprehend all and sundry our sovereign Lord's +lieges turning and carrying nolt, sheep, horses, or victuals furth of this +realm into England, and bring their persons to the King's justice, to be +punished therefor; and all their goods may he escheat: the one half +thereof to be applied to the King's use, and the other half to the warden +for his pains." In addition to this, the wardens had a large share of the +plunder of the various forays upon the English Border, which they either +conducted in person, or winked at when undertaken by their retainers or +dependants. In the "Border Papers" we are informed that on Sunday, the +17th April, 1597, the Lord Buccleuch, Keeper of Liddesdale, accompanied by +twenty horse and a hundred foot, burned at noonday three onsets and +dwelling-houses, barns, stables, oxhouses, &c., to the number of twenty, +in the head of Tyne, cruelly burning in their houses seven innocent men, +and "murdered with the sword" fourteen which had been in Scotland, and +brought away the booty, the head officer with trumpet being there in +person.[33] This was a frequent occurrence, especially with Buccleuch, who +was never quite happy when not plundering and oppressing "the auld enemy." +From a pecuniary point of view, not to speak of other advantages, the +office of warden was a highly desirable one, and was consequently eagerly +sought after by the Border Chiefs. + +The duties pertaining to this office may be described as of a twofold +nature--the maintenance of law and order, and the protection of the +districts against the encroachments and inroads of the enemy. "In the +first capacity," as has been remarked, "besides their power of control and +ministerial administration, both as head stewards of all the crown +tenements and manors within their jurisdiction, and as intromitting with +all fines and penalties, their judicial authority was very extensive. They +held courts for punishment of high treason and felony, which the English +Border laws classed under the following heads:-- + +I. The aiding and abetting of any Scottishman, by communing, appointment, +or otherwise, to rob, burn, or steal, within the realm of England. + +II. The accompanying personally, of any Scottishman, while perpetrating +any such offences. + +III. The harbouring, concealing, or affording guidance and protection to +him after the fact. + +IV. The supplying Scottishmen with arms and artillery, as jacks, splents, +brigantines, coats of plate, bills, halberds, battle-axes, bows and +arrows, spears, darts, guns, as serpentines, half-haggs, harquibusses, +currys, cullivers, hand-guns, or daggers, without special licence of the +Lord-warden. + +V. The selling of bread and corn of any kind, or of dressed leather, iron, +or other appurtenances belonging to armour, without special licence. + +VI. The selling of horses, mares, nags, or geldings to Scottish men, +without licence as aforesaid. + +VII. The breach of truce, by killing or assaulting subjects and liege-men +of Scotland. + +VIII. The assaulting of any Scottishman having a regular pass or +safe-conduct. + +IX. In time of war the giving tidings to the Scottish of any exploit +intended against them by the warden or his officers. + +X. The conveying coined money, silver or gold, also plate or bullion, into +Scotland, above the value of forty shillings at one time. + +XI. The betraying (in time of war) the counsel of any other Englishman +tending to the annoyance of Scotland, in malice to the party, and for his +own private advantage. + +XII. The forging the coin of the realm. + +XIII. The making appointment and holding communication with Scotchmen, or +intermarrying with a Scottish woman, without licence of the wardens, and +the raising of no fray against them as in duty bound. + +XIV. The receiving of Scottish pilgrims with their property without +licence of the wardens. + +XV. The failing to keep the watches appointed for the defence of the +country. + +XVI. The neglecting to raise in arms to the fray, or alarm raised by the +wardens or watches upon the approach of public danger. + +XVII. The receiving or harbouring Scottish fugitives exiled from their own +country for misdemeanours. + +XVIII. The having falsely and unjustly _fould_ (_i.e._, found true and +relevant) the bill of any Scotchman against an Englishman, or having borne +false witness on such matters. + +XIX. The having interrupted or stopped any Englishman pursuing for +recovering of his stolen goods. + +XX. The dismissing any Scottish offender taken red-hand (_i.e._, in the +manner) without special license of the Lord-warden. + +XXI. The paying of black-mail, or protection money, whether to English or +Scottish man."[34] + +The significance of these provisions cannot be mistaken. They reveal the +anxiety of the English government to prevent, as far as possible, all +intercourse with Scottish Borderers. The offences referred to in the +foregoing list amounted to what is known as March Treason. Those who were +accused of this crime were tried by a jury, and if found guilty were put +to death without ceremony. "This was a very ordinary consummation," says +Sir Walter Scott, "if we can believe a story told of Lord William Howard +of Naworth. While busied deeply with his studies, he was suddenly +disturbed by an officer who came to ask his commands concerning the +disposal of several moss-troopers who had just been made prisoners. +Displeased at the interruption, the warden answered heedlessly and +angerly, 'hang them in the devil's name;' but when he laid aside his book, +his surprise was not little, and his regret considerable, to find that his +orders had been literally fulfilled."[35] + +The duties devolving upon the Scottish wardens were not, in all respects, +the same as those which the English wardens were called upon to discharge. +This was due to some extent to the fact that the jurisdiction of the +Scottish wardens was circumscribed by the hereditary rights and privileges +of the great families who, within their own territories, exercised supreme +control. In addition to this, the hereditary judges had the power of +repledging; that is to say, they could reclaim any accused person from +courts of co-ordinate jurisdiction, and try him by their feudal authority. +But while the power of the wardens was thus considerably circumscribed, +they never hesitated, when they had the chance, to mete out summary +punishment to all offenders. If a thief was caught red-handed, or if the +evidence against him appeared at all conclusive, he was at once, and +without ceremony, strung up on the nearest tree, or thrown into the +"murder" pit. Indeed, the execution not unfrequently preceded the trial--a +circumstance which seems to have given rise to the well-know proverb about +"Jeddart Justice." On both sides of the Border, the same haste to get rid +of offenders was a noted feature of the times. This is evident from the +well-known English proverb which runs thus-- + + "I oft have heard of Lydford law, + Where in the morn men hang and draw, + And sit in judgment after." + +The sitting in judgment, either before or after, was a formality that +might often have been dispensed with, as the evidence submitted was seldom +carefully sifted, or weighed. To be suspected, or accused, was regarded as +almost tantamount to a plea of guilty. Such a method as this would hardly +pass muster in our modern and more finical age; still it is probable that +substantial justice was usually done. If those who were condemned were not +always guilty of the particular crimes laid to their charge, their general +record was sufficiently bad to warrant their being thus summarily dealt +with. + +There was, moreover, a practical difficulty in the way of minute +investigation being made into each individual case. The number of those +accused of various offences under the Border laws was often so great as to +render an investigation of this kind all but impossible. There were few +places of strength where prisoners could be retained in order to await +their trial, and so it became necessary to deal with them as expeditiously +as possible. "The Borderers," it has been said, "were accustomed to part +with life with as little form as civilized men change their garments." + +The mode of punishment was either by hanging or drowning. "Drowning," says +Sir Walter Scott, "is a very old mode of punishment in Scotland, and in +Galloway there were pits of great depth appropriated to that punishment +still called murder-holes, out of which human bones have occasionally been +taken in great quantities. This points out the proper interpretation of +the right of 'pit and gallows' (in law Latin, _fossa et furca_), which +has, less probably, been supposed the right of imprisoning in the pit or +dungeon, and that of hanging. But the meanest baron possessed the right of +imprisonment. The real meaning is, the right of inflicting death either +by hanging or drowning."[36] + +But the warden had other duties to discharge of a still more important +nature than those already described. In time of war he was captain-general +within his own wardenry, and was invested with the power of calling +musters of all the able-bodied men between the age of sixteen and sixty. +These men were suitably armed and mounted according to their rank and +condition, and were expected to be ready either to defend their territory +against invasion, or, if necessary, to invade the enemy's country. The +ancient rights and customs which the warden was expected to observe on +such occasion have been thus summarised:-- + +"I. All intercourse with the enemy was prohibited. + +II. Any one leaving the company during the time of the expedition was +liable to be punished as a traitor. + +III. It was appointed that all should alight and fight on foot, except +those commanded by the general to act as cavalry. + +IV. No man was to disturb those appointed to array the host. + +V. If a soldier followed the chase on a horse belonging to his comrade, +the owner of the horse enjoyed half the booty; and if he fled upon such a +horse, it was to be delivered to the sheriff as a waif on his return home, +under pain of treason. + +VI. He that left the host after victory, though for the purpose of +securing his prisoner, lost his ransom. + +VII. Any one seizing his comrade's prisoner was obliged to find security +in the hands of the warden-serjeant. Disputed prisoners were to be placed +in the hands of the warden, and the party found ultimately wrong to be +amerced in a fine of ten pounds. + +VIII. Relates to the evidence in case of such dispute. He who could bring +his own countrymen in evidence, of whatsoever quality, was preferred as +the true captor; failing this mode of proof, recourse was had to the +prisoner's oath. + +IX. If the prisoner was of such a rank as to lead a hundred men, he was +either to be dismissed upon security or ransomed, for the space of fifteen +days, without leave of the warden. + +X. He who dismounted a prisoner was entitled to half of his ransom. + +XI. Whosoever detected a traitor was entitled to a reward of one hundred +shillings; whoever aided his escape, suffered the pain of death. + +XII. Relates to the firing of beacons in Scotland: the stewards of +Annandale and Kirkcudbright were liable in the fine of one merk for each +default in the matter. + +XIII. He who did not join the army of the country upon the signal of the +beacon lights, or who left it during the English invasion without lawful +excuse, his goods were forfeited, and his person placed at the warden's +will. + +XIV. In the case of any Englishman being taken in Scotland, he was not +suffered to depart under any safe conduct save that of the King or warden; +and a similar protection was necessary to enable him to return and treat +of his ransom. + +XV. Any Scottishman dismissing his prisoner, when a host was collected +either to enter England or defend against invasion, was punished as a +traitor. + +XVI. In the partition of spoil, two portions were allowed to each bowman. + +XVII. Whoever deserted his commander and comrades, and abode not in the +field to the uttermost, his goods were forfeited, and his person liable to +punishment as a traitor. + +XVIII. Whoever bereft his comrade of horse, spoil, or prisoner, was liable +in the pains of treason, if he did not make restitution after the right of +property became known to him."[37] + +These military regulations, at once minute and comprehensive, were drawn +up by William, Earl of Douglas, with the assistance of some of the most +experienced Marchmen; and, with the necessary alterations, were adopted by +the English--thus indicating that they were thoroughly in harmony with the +military spirit of the age on both sides of the Border. + + + + +VI. + +THE DAY OF TRUCE. + + "Our wardens they affixed the day, + And as they promised so they met. + Alas! that day I'll ne'er forget!" + + OLD BALLAD. + + +The arrangements made for dealing with offences against Border law, though +of a primitive, were by no means of an ineffective, character. All things +considered, they were perhaps as good as could have been devised in the +circumstances. During the period when Border reiving was most rampant, +though the population was by no means sparse, little or no provision had +been made for detaining prisoners in custody. The jails were few and far +between, and such as were available were generally in such an insecure and +ruinous state that, unless strongly guarded, they were almost useless for +the purpose for which they existed. But imprisonment had other +inconveniences which militated against its being resorted to with much +frequency. Prisoners had to be provided for when under "lock and key," +and, as provisions were difficult to procure, it was generally found more +advantageous to leave those who had broken the laws to "fend" for +themselves until such times as they were wanted. As might be expected in +such circumstances, the accused person not unfrequently took "leg-bail," +and passed into another district, or, perhaps, crossed the Border, and +sought refuge among the enemies of his country and his clan. This +expedient, in those lawless and disordered times, was no doubt +occasionally successful--for the nonce--but sooner or later the evil-doer +was either betrayed by the enemy, or, resuming his old habits--which was +almost a necessity--brought himself under the special notice of the warden +of the district to which he had fled. He thus placed himself, as it were, +between two fires, and made further immunity from prosecution practically +impossible. When it came to the knowledge of the warden that an accused +person had passed into another wardenry, he at once certified the warden +opposite, requiring him to apprehend and deliver the prisoner with all +possible speed; and he was bound, after receiving this notice, to make +proclamation throughout his wardenry "by the space of six days after of +the said fugitive," and also to certify the other two wardens of the realm +"to proclaim the fugitive throughout all the bounds of their wardenries, +so that none could proclaim ignorance, or excuse themselves when charged +with the wilful receipt of the aforesaid fugitive so proclaimed." + +The duty thus laid upon the wardens of searching for fugitives was one +which was generally undertaken _con amore_, not merely on account of the +fact that it was naturally agreeable to these officers to detect and +punish crime, but also because in such circumstances it was greatly to +their advantage to do so. A law was passed ordaining that when a fugitive +entered with his goods into the opposite realm, the warden who captured +him, and handed him over to be punished for his offence, _was entitled to +retain the goods for his labour_. Should he not succeed in apprehending +the fugitive, then the goods had to be returned to the warden of the realm +from which they came. This was a wise arrangement, and on the whole proved +fairly effective. + +As offences against the law were numerous and frequent, it was statute and +ordained that a "Day of Truce" should be held every month, or oftener, +when the wardens of the Marches opposite each other should meet for the +discussion and adjustment of their respective claims, and the punishment +of evil-doers. The date and place of this meeting was made known to the +inhabitants of the Marches by proclamation being made in all the market +towns. Notice was also sent to the lords, knights, esquires, and +gentlemen, commanding them, along with a sufficient number of their +tenants and servants, well mounted and fully armed, to repair the night +before and attend upon the warden at the day of truce.[38] + +Early on the morning of the following day this imposing cavalcade might be +seen wending its way towards the place of rendezvous. This was generally +some convenient spot near the Border, most frequently on the Scottish +side. When the wardens and their friends came within hailing distance of +each other, a halt was called, and the English warden sent forward four or +five gentlemen of good repute to demand from the Scottish warden "that +assurance might be kept" until the sunrise of the following day. According +to a statement made on the authority of Sir Robert Bowes, the reason of +this particular form of procedure was "because the Scots did always send +their ambassadors first into England to seek for peace after a war. +Therefore both the particular days of truce are usually kept either at +places even on the confines of the Marches, or else at places within the +realm of Scotland, and also the English warden and other officers were +always used to send first for the assurance as aforesaid." + +When assurance had been given by the Scottish warden, a number of Scottish +gentlemen passed over to the other side to demand from the English warden +assurance on his part. These preliminary precautions having been duly +observed, the two parties met, and the business which had brought them +together was at once entered upon. The wardens did not always attend these +meetings in person, their duties occasionally necessitating their +remaining at home, but when unable to be present themselves they were +represented by deputies--men of influence and good social position--who +were thoroughly qualified to deal with any important question that might +arise. + +The regulations for the conduct of business at these meetings were +carefully drawn out, and, as a general rule, strictly observed. The +English warden named six Scottish gentlemen to act on his side, and the +Scottish warden the same number of Englishmen to act as the English +assize. These men, who thus constituted the jury, were carefully chosen. +No murderer, traitor, fugitive, infamous person, or betrayer of one party +to another could bear office, or give evidence, but only good and lawful +men deserving of credit and unsuspected. + +Each warden, in the presence of the opposite warden and the inhabitants of +both the Marches, "Swore by the High God that reigneth above all Kings and +Realms, and to whom all Christians owe obedience, that he shall (in the +name of God) do, exercise and use his office without respect of person, +Malice, Favour, or Affection, diligently or undelayedly, according to his +Vocation or Charge that he beareth under God and his Prince, and he shall +do justice upon all Complaints presented unto him, upon every Person +complained upon under this Rule. And that, when any complaint is referred +unto him, to swear, fyle, and deliver upon his Honour, he shall search, +enquire, and redress the same at his uttermost power: And that, if it +shall happen in so doing to quit and absolve the persons complained upon +as Clean and Innocent: Yet if he shall any ways get sure Knowledge of the +very Offender, he shall declare him foul of the Offence, and make lawful +Redress and Delivery thereof, albeit the very Offender be not named in the +Complaint: And this Oath of the Wardens not only to be made at the first +Meeting hereafter to ensue, but also to be made every Year once solemnly, +as aforesaid, at the first Meeting after _Mid-summer_, to put them in the +better Remembrance of their Duties, and to place the fear of God in their +Hearts."[39] + +The following oath was also administered to the jury:--"Ye shall truly +enquire, and true deliverance make between the Queen's Majesty, and the +prisoners at the Bar, according to the evidence that shall be given in +this Court. As God keep you and Holydome."[40] + +These formalities having been duly observed, the trial of the prisoners +was then proceeded with. Bills were presented on the one side, and on the +other, setting forth with considerable fulness of detail the nature and +extent of the damages that had been sustained. The prisoners against whom +these indictments had been made were then called to answer the charges +preferred against them. + +There were at least three ways in which these cases could be tried. In the +first place, the bill might be acquitted _on the honour of the warden_. +But should it afterwards be found that the warden in acquitting the bill +had proceeded on imperfect information, and had acquitted upon his honour +a bill that was in reality "foul," then the complainant was at liberty to +prosecute a new bill, and demand that justice should be done. The case was +then tried by a jury who "fyled" or "cleared" the bill at their +discretion. When a bill was "fyled," that is to say declared true, the +word "foul" was written on the margin, and when it was "cleared," the word +"clear" was inserted. + +But further, bills might be _tried by inquest or assize_, which was the +method most frequently adopted, such cases being decided by the juries on +their own knowledge, and on the evidence sworn to in open court. + +The third way of dealing with bills was by a "_Vower_." The significance +of this method is fully explained by Sir Robert Bowes, who says:--"The +inquest or assise of Scotlande, notwithstanding their othe, would in no +wyse fynde a bill to be true, nor fyll any Scottis man upon an +Englishman's complaynte unles the Englishman could fynde an inhabitant of +Scotlande, that would avow openly to the inquest, or secretlye to the +warden, or some of the inquest, that the complaynte was treue, and the +partie complayned upon culpable thereof, otherwise althoughe the matter +was ever so notoryously knowne by the Englishman, their evydence would not +serve to secure a conviction." + +It frequently happened, on the occasion of these meetings, that "bogus" +bills were presented, a custom which gave the officials a great deal of +unnecessary labour. The commissioners, in referring to this reprehensible +practice, remark that "it hath been perceived of late that, since the +order was begun by the Warden to speire, fyle, and deliver, upon their +Honour, that some ungodly Persons have made complaint, and billed for +Goods lost where none was taken from them, and so troubled the Wardens, +causing them to speire and search for the Thing that was never done."[41] +It was therefore statute and ordained that all persons guilty of this +offence should be delivered to the opposite warden to be punished, +imprisoned, and fined at the discretion of the same warden whom he had +troubled. + +Another formidable difficulty with which the wardens had to contend on +these occasions, was in estimating the value of the goods for which +redress was claimed. In making up a bill the complainant was strongly +tempted to put an absurd value on the gear, or cattle, which had been +stolen from him. Had he always got as much as he claimed he would soon +have been enormously enriched by the loss of his property! The +commissioners were therefore under the necessity of drawing out a scale of +charges for the guidance of the warden courts. The following are the +prices fixed by this tribunal:--"Every Ox, above Four Year old, Fourty +Shillings Sterling; every Cow, above Four Year old, Thirty Shillings +Sterling; and every Young Cow, above Two Years old, Twenty Shillings +Sterling; every other Beast, under Two Years old, Ten Shillings Sterling; +every old Sheep, Six Shillings Sterling; and every Sheephogge, Three +Shillings Sterling; every old Swine, above One Year old, Six Shillings +Sterling; every young Swine, Two Shillings Sterling; every Goat, above One +Year old, Five Shillings Sterling; every young Goat, Two Shillings +Sterling; and every Double Toope to be valued after the rate of the +Single."[42] + +These prices, judged by the standard of the present day, seem absurdly +low, but they may be accepted as representing the average rate of prices +obtainable, three hundred years ago, for the various classes of stock +mentioned. + +It was the duty of the wardens to have the offenders in custody, against +whom bills had been presented, in readiness to answer, and in case the +bills were "fouled" he was bound to deliver them up to the opposite +warden, by whom they were imprisoned until they had paid a _single and two +doubles_, that is to say, treble the value of the estimated goods in the +bill. To produce these men was generally the most difficult part of the +warden's duty. He could not keep them in confinement until the day of +truce, for, independently they were sometimes persons of power and rank, +their numbers were too great to be retained in custody. The wardens, +therefore, usually took bonds from the Chief, kinsmen, or allies of the +accused party, binding him or them to enter him prisoner within the iron +gate of the warden's castle, or else to make him forthcoming when called +for. He against whom a bill was twice fouled, was liable to the penalty of +death. If the offender endeavoured to rescue himself after being lawfully +delivered over to the opposite warden, he was liable to the punishment of +death, or otherwise at the warden's pleasure, as being guilty of a breach +of the assurance.[43] + +It would seem to have been customary on a day of truce to enumerate the +various bills "fouled" on either side, and then to strike a balance, +showing on which side most depredations had been committed. It +occasionally happened that the claims of both parties were so numerous +and complicated, the same person frequently appearing both as plaintiff +and defendant, that it was deemed prudent to draw a veil over the whole +proceedings, and give satisfaction to neither party, thus wiping out, as +it were, with a stroke of the pen, and without further parleying, all the +claims which had been lodged. This mode of procedure, arbitrary though it +may appear, did not, as a rule, result in serious injustice being done to +either party. + +The offences dealt with were of a varied character. Reiving was only one +of the many ways in which the Borderers sought to enrich themselves at the +expense of their neighbours in the opposite March. They had an eye to the +land as well as to the cattle. It was customary for them not only to +pasture their stock on the enemy's territory, but to sow corn, cut down +wood, and go hunting and hawking for pleasure as well as profit. Sir +Robert Cary, one of the most vigorous of the English wardens, was +determined that hunting without leave should not be carried on in his +wardenry. He wrote to the laird of Ferniherst, the warden opposite, +explaining his views, but, "notwithstanding this letter," he says, "within +a month after they came and hunted as they used to do without leave, and +cut down wood and carried it away. I wrote to the warden, and told him I +would not suffer one other affront, but if they came again without leave +they would dearly aby[44] it. For all this they would not be warned; but +towards the end of the summer they came again to their wonted sports. I +sent my two deputies with all speed they could make, and they took along +with them such gentlemen as were in their way, with my forty horse, and +about one of the clock they came to them, and set upon them; some hurt was +done, but I gave special order they should do as little hurt, and shed as +little blood, as they possibly could. They observed my command, only they +broke all their carts, and took a dozen of the principal gentlemen that +were there, and brought them to me to Witherington, where I lay. I made +them welcome, and gave them the best entertainment I could. They lay in +the castle two or three days, and so I sent them home--they assuring me +that they would never again hunt without leave, which they did truly +perform all the time."[45] + +This firm, but kindly method, was entirely satisfactory; and, had the +Borders only been blessed with a succession of Carys in the various +wardenries, the probability is that Border reiving would never have +attained such portentous dimensions. + +But despite the masterful management of men like Cary, such questions as +those we have mentioned continued to occupy the time and attention of the +warden courts. The freebooters on the Border never considered too closely +the minute shades of difference between _meum_ and _tuum_, and were +difficult to persuade that depasturing, or cutting wood in a neighbour's +plantation, was a matter of any real importance. They were at all times +disposed to put a liberal construction on the words--"The earth is the +Lord's and the fulness thereof." Their somewhat loose interpretation of +this ancient Hebrew maxim occasioned them no end of vexation and trouble. + +But the settlement of Border affairs on the day of truce did not interfere +with the ancient custom which entitled the person who was robbed to follow +his goods on what was called the _hot-trod_, and mete out summary +punishment to the offender--provided he could overtake him. The warden +also was enjoined, in the Act of 1563, to pursue and chase in hot-trod, +unto such time or place as the fugitives or offender be apprehended, to +bring him again within his own jurisdiction to be punished for the +offence, "as appertaineth;" "and that without let, trouble, or impediment +to be made or done to him by any of the inhabitants of that realm wherein +he pursueth." And if any person should make resistance to the said warden +in the foresaid pursuit he was to be billed for, and delivered to the +warden. In the following of the said chase, in the manner aforesaid, it +was thought convenient, and ordained, that the pursuer shall, at the first +town he cometh by of the opposite realm, or the first person he meeteth +with, give knowledge of the occasion of his chase, and require him to go +with him in the said pursuit. If the offender was caught red-handed he was +executed; but if the desire for gain was stronger than the thirst for +blood, then he was held at ransom. The prey was followed with hound and +horn, hue and cry, the pursuers carrying on the point of their spears a +lighted piece of turf. + +The business of the warden courts was conducted with despatch. When all +the bills had been either "fouled" or "cleared," those who had been found +guilty of "March Treason" were brought up for sentence. The lord warden +called on him whose office it was to see the prisoners suffer, and thus +addressed him:--"I command you in the Queen's Majesty's name that ye see +execution done upon these prisoners, according to the Law of the Marches, +at your peril." Then addressing the prisoners he said:--"Ye that are +adjudged by the Law of the Realm to die, remember that ye have but a short +time to live in this world; therefore earnestly call to God, with penitent +hearts, for mercy and forgiveness of your sinful lives; repent ye have +broken God's commandments, and be sorry therefor, and for that ye did not +fear the breach and dangers of the Law, therefore your bodies must suffer +the pain of death, provided to satisfy the reward of your Fact in this +world; yet the salvation of your soul's health for the world to come, +stands in the great mercy of Almighty God: Wherefore do ye earnestly +repent and ask mercy for your sins, now when ye are living, put your Trust +to be saved by the merits of Christ's passion; and think in your hearts if +ye were able to recompence them ye have offended, ye would do it; and +where you are not able, ask Forgiveness. Have such faith in God's Mercy as +Dismas the Thief and Man-Murderer had that hang at Christ's Right hand, +when he suffered his Passion for the Redemption of Mankind: Whose Faith +was so great he should be saved, his Sins were remitted, tho' he had but +short time of Repentance, and he enjoyed Heaven. Therefore despair not in +God's Mercy, though your sins be great, for God's Mercy exceedeth all his +Works. Set apart all Vanities of this World, and comfort you in Heavenly +things; and doubt not but, if ye so do, ye shall inherit Everlasting Joy +in the Kingdom of Heaven. And thus I commit you to the Mercy of God, +wishing your Deaths may be an Example to all Parents to bring up their +Children in the Fear of God, and Obedience of the Laws of this Realm."[46] + +With these suitable admonitions ringing in their ears, the condemned +prisoners were led forth to execution. + +The business of the court having been finished, the wardens retired after +taking a courteous leave of each other. + +These meetings, attended as they were by a large number of people, who +came either on business or pleasure, were frequently broken up by sudden +outbursts of tumult and disorder. _Baughling_, or brawling, was a common +occurrence, and loud words and angry looks naturally led to more serious +encounters. We have already noticed the incident of the Reidswire, but +this was by no means an isolated case. In the month of July, 1585, at a +day of truce between Sir John Foster and Ker of Ferniherst, Lord Russell, +a young man of great promise, and of the most amiable disposition, was +suddenly shot dead by an unknown hand. This lamentable incident gave rise +to much bitterness of feeling on both sides of the Border. Foster wrote to +Walsingham, saying, that he and the opposite warden had met for the +redress of attempts committed on both sides, Russell being present to +attend to particular causes of his own, "where it chanced a sudden +accident and tumult to arise among the rascals of Scotland and England +about a little pyckery among themselves, and we meaning no harm did sit +the most of the day calling bills, and my Lord Russell among us. The said +Lord Russell rose and went aside from us, with his own men, and there +being in talk with a gentleman, was suddenly shot with a gun and slain in +the midst of his own men, to the great discomfort of me and his poor +friends in this country, and never a man either of England or Scotland but +he. Alas! that the mischievous chance should happen for him to be killed +with a shot, and none but him, which is the greatest discomfort that ever +came upon me."[47] + +No hint is here given of any suspicion that Ker of Ferniherst was +implicated in the death of this young man. Hence we are surprised to find +that, on the day after this letter was written, Sir John Foster drew up a +statement in which he gives an entirely different complexion to the +incident. He asserts that it was not an accident. "Had it been an +accident," he says, "or sudden breaking by rascals, as there was no such +matter, the gentlemen of Scotland with their drums, fife, shot, and such +as carried the 'ensigne' and 'penseller,' would have tarried with the +warden; so that it appeareth plainly it was a 'pretended matter' +beforehand, for the wardens sitting quietly calling their bills, the +warden of England thinking no harm, the party of Scotland seeing the time +serve for their 'former desire,' suddenly broke, striking up an alarm with +sound of drum and fife, and gave the charge upon us--in which charge the +Lord Russell was cruelly slain with shot, and so divers gentlemen of +Scotland with their footmen and horsemen and whole force, followed and +maintained their chase four miles within the Realm of England, and took +sundry prisoners and horses, and carried them into Scotland, which they +deny to deliver again."[48] + +This statement contradicts, in almost every particular, the asseverations +deliberately made in the letter written the day before, and shows that +even a gentleman in Sir John Foster's high position, with a deservedly +great reputation for fair dealing, was capable, when occasion demanded, of +twisting facts, or even inventing them, to suit his own ends, or the +interest of the government he represented. It has been suggested that the +English secretary, knowing that Ferniherst was an intimate friend of +Arran, saw that by laying the blame of Lord Russell's death on the +shoulders of the former, he might thereby procure the disgrace of this +hated minister. Be this as it may, such conflicting assertions, made by +the same person almost at the same time, should lead us to accept with a +modified confidence other statements of a similar kind, as the spirit of +party is no friend to the love of truth. + +But despite the drawbacks and dangers attaching to such gatherings for the +settlement of Border affairs, the day of truce was an institution of great +public utility. It is difficult to see how, apart from such an +arrangement, even the semblance of civilized life could have been +maintained. The Borders really constituted an _imperium in imperio_, and +the wardens, when presiding over their monthly convention, were to all +intents and purposes absolute rulers within their own prescribed domain. +It was generally found that when warden courts, or days of truce, were +regularly held, good rule and order, at least judged by the ordinary +Border standard, were well maintained throughout the entire district. + + + + +VII. + +THE DEADLY FEUD. + + "At the sacred font, the priest + Through ages left the master hand unblest + To urge with keener aim the blood incrusted spear." + + LEYDEN. + + +The difficulties with which the Borderers had to contend were of a varied +character. They had to be constantly on the watch against the aggressions +and incursions of their enemies on the opposite Marches. But it frequently +happened that their most dangerous and inveterate foes were to be found +amongst their own countrymen. This was the case more especially when +blood-feuds arose, setting family against family, and clan against clan. +An interesting, if not very luminous, account of the origin of the "Feud" +is given by Burghley in a report submitted by him to the English +government, in which he deals with what he calls the "Decays of the +Borders." He says:--"Deadly Foed, the word of enmytie on the Borders, +implacable without the blood and whole family destroyed, whose etymologie +I know not where better to fetch than from Spiegelius in his _Lexicon +Juris, in Verbo_ 'feydum:' he saith it is an old Teutch word whereof is +derived by Hermanus Nivoranus (?) _faydosum Hostis publicus_; 'foed' +_enim, Bellum significat_." He further points out that the Scottish +wardens, being native Borderers, are "extraordinarilye adicted to +parcialities, favour of their blood, tenantes and followers," and +consequently he holds they should be disqualified for office.[49] + +The evils resulting from these deadly-feuds would have been comparatively +trifling had it been possible to limit the consequences to the persons +more immediately concerned. Owing, however, to the system of clanship +which prevailed on the Borders, the whole sept became involved in the +feud. "If one of the clan," says Sir Walter Scott, "chanced either to slay +a man, or commit any similar aggression, the chief was expected to defend +him by all means, legal or illegal. The most obvious and pacific was to +pay such fine or _amende_, or assythement, as it was called, as might +pacify the surviving relations, or make up the feud. This practice of +receiving an atonement for slaughter seems also to have been part of the +ancient Celtic usages; for it occurs in the Welch laws of Howell Dha, and +was the very foundation of the Irish Brehon customs. The vestiges of it +may be found in the common law of Scotland to this day. But poor as we +have described the Border chief, and fierce as he certainly was by +education and office, it was not often that he was either able or disposed +to settle the quarrels of his clansmen in a manner so amicable and +expensive. War was then resorted to; and it was the duty of the chief and +clan who had sustained the injury to seek revenge by every means in their +power, not only against the party who had given the offence, but, in the +phrase of the time and country, against all his name, kindred, +maintainers, and upholders. On the other hand, the chief and clan to whom +the individual belonged who had done the offence, were equally bound in +honour, by every means in their power, to protect their clansman, and to +retaliate whatever injury the opposite party might inflict in their thirst +of vengeance. When two clans were involved in this species of private +warfare, which was usually carried on with the most ferocious animosity on +both sides, they were said to be at deadly feud, and the custom is justly +termed by the Scottish parliament most heathenish and barbarous.... In +these deadly feuds, the chiefs of clans made war, or truce, or final peace +with each other, with as much formality, and as little sincerity, as +actual monarchs."[50] + +Feuds of the most bitter and hostile character were an every-day +occurrence. The Herons, Fenwicks, Shafftownes, Charletons, and Milbornes, +on the English side of the Border, were all at feud at the same time. And +on the Scottish side the Elwoods (Elliots), Armstrongs, Nixons, Crosiers, +Trumbles, and Olivers were, during the same period, at "daggers drawn," +and thirsting for each other's blood. The misery which such feuds created +can hardly be over-estimated. The sense of personal security was +completely destroyed. Mutual trust, the primary condition of social life, +was rendered practically impossible. And, as might be expected, the most +trivial circumstances often gave rise to the most implacable hostility. A +singular instance of this is referred to by John Cary in one of his +communications to Burghley. He says:--"Your honour remembers hearing long +since of the great road by the Scotts 'as Will Haskottes and his fellowes' +made in Tynedale and Redesdale, taking up the whole country and nearly +beggaring them for ever. On complaint to the Queen and Council, there was +some redress made with much ado and many meetings. Buccleuch and the +Scotts made some 'bragges and crackes' as that the country durst not take +its own; but the Charletons being the 'sufficientest and ablest' men on +the borders, not only took their own goods again, but encouraged their +neighbours to do the like and not be afraid--'which hath ever since stuck +in Buccleuch's stomack.'... Mary! he makes another quarrell, that long +since in a war tyme, the Tynedale men should goe into his countrey, and +there they took his grandfather and killed divers of his countrye, _and +that they took away his grandfather's shworde_, and never let him have it +yet synce. This sayeth he is the quarrell."[51] + +Nor did lapse of time tend to soften the animosities. The feud was +inherited along with the rest of the family property. It was handed down +from generation to generation. The son and grandson maintained it with a +bitterness which, in some cases, seemed year by year to grow more intense. +It affected more or less a man's whole social relationships, and gave rise +to endless animosities and heart-burnings. Feuds were not unknown in other +districts of the country, but owing to the feeble and ineffective manner +in which the law was generally administered, they prevailed to a greater +extent on the Borders,--and were characterised by a more vengeful +spirit,--than in any other part of the kingdom. + +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. + +During the minority of James V. the Earl of Angus controlled the +government of the country, and in his own interests, and for the +furtherance of his own ends, kept a watchful eye on the movements of the +young King. In the year 1525, James, accompanied by Angus, and other +members of the court, came south to Jedburgh, "and held justice aires +quhair manie plaintes cam to him of reiff, slauchter and oppression, bot +little justice was used bot the purse, for thir was manie in that countrie +war the Earl of Angus' kin and friendis, that got favourable justice, +quhairof the king was not content, nor non of the rest of the lordis that +war about him, for they wold have justice equally used to all men; bot the +Earl of Angus and the rest of the Douglass' rulled yitt still as they +pleased, and no man durst find fault with their proceidingis; quhairat the +king was heartilie displeased, and would fain have been out of their +handis, and for that effect he writt are secreitt letter to the laird of +Buccleugh, desiring him effectuouslie that he wold come with all his +forces, kin and freindis, and all that he might ax, and meit him at +Melrose, at his home coming, and thair to tak him out of the Douglas' +handis, and put him at libertie, to use himself among the rest of the +lordis as he thought expedient."[53] Buccleuch at once convened his "kin +and freindis," and all who were prepared to take part with him, to the +number of six hundred spears, and set out for Melrose to await the coming +of the King. Home, Cessford, and Fernieherst, who were of the King's +company, had returned home. Buccleuch and his followers made their +appearance, arranged in order of battle, on Halidon Hill, overlooking the +Tweed, near Melrose bridge. When Angus saw them he wondered what the +hostile array portended. But when he discovered that Buccleuch was +supported only by numbers of Annandale thieves, he took heart of grace, +and said to the King--"Sir, yonder is the laird of Buccleuch, and the +thieves of Annerdaill with him, to unbesett your grace in the way, bot I +avow to God, Sir, they sall aither fight or flie. Thairfor, Sir, ye sall +tarrie here, and my brither George with yow, and any other quhom yeu +pleas, and I sall pas and put yon thieves aff the ground, and red the +gaitt to your grace, or else die thairfor."[54] + +The conflict now began in earnest. Buccleuch and his men stoutly resisted +the onslaught of Angus, and for a time the issue seemed uncertain. But +Home, Cessford, and Fernieherst, having got wind of the affair, returned, +supported by four score spears, "and sett on freschlie on the utmost wing, +on the laird of Buccleughis field, and shortly bare them to the ground, +quhilk caused the laird of Buccleugh to flie; on whom thair followed ane +chaise be the lairdis of Sesfoord and Pherniherst, in the quhilk chaise +the laird of Sesfoord was slain with ane cassin spear, be ane called Evan, +servand of the laird of Buccleughis."[55] + +There seems nothing remarkable about such an incident as this. That +Cessford should have been accidentally slain by one of Buccleuch's +servants was no doubt a regrettable incident, but those who play bowls +must be prepared for rubbers. This, unfortunately, was not the view +entertained by the Kers, who henceforth were at deadly feud with +Buccleuch. All efforts to bring about a reconciliation were in vain. The +Kers thirsted for vengeance, and were determined to "bide their time." +Twenty-six long years had come and gone, and one day as the laird of +Buccleuch was passing along one of the streets of Edinburgh, little +suspecting the fate which awaited him, he was fatally stabbed by the +descendant of Cessford. The Borderers had many faults, but certainly they +cannot be charged with having had short memories! + +But a still more striking illustration of the disastrous consequences of +the deadly feud is to be found in the case of the Johnstones and Maxwells, +two of the most prominent and powerful families in Dumfriesshire. These +two families were strong enough, had they been united, to have kept the +whole district in good order; but unfortunately they were often at feud, +with the result that not only their own interests, but the interests of +the community as a whole, were ruthlessly sacrificed. It is worthy of note +that one of the principal causes of the frequent and disastrous feuds +between the representatives of the two families, was the frequency with +which the office of warden was conferred, first on the one, and then on +the other, without any good reason being assigned by the King for the +adoption of this shuttle-cock policy. This office was naturally much +coveted, as it was not only a source of revenue, which in those days was a +most important consideration, but a condition of influence and power. It +must, therefore, have been peculiarly irritating for the warden to be +summarily called upon to resign his office almost before he had begun to +reap the rewards pertaining to it. And when he saw his rival basking in +the sunshine of the royal favour, from which he had been suddenly and +capriciously excluded, his feelings may be more easily imagined than +described. Nor did it greatly tend to soothe his wounded feelings to +reflect that the person by whom he had been superseded would be certain +before long to be hurled from his proud eminence and another put in his +place. The whole system was pernicious, and was the source of no end of +mischief and bad blood. + +The origin of this famous feud may be briefly related. John, seventh Lord +Maxwell, has been well described as one of those men whom a daring and +restless temperament and their crimes "have damned to eternal fame." After +the death of the Regent Morton, he succeeded in securing a charter to the +Earldom of Morton--his mother, Lady Beatrix Douglas, being the Regent's +second daughter. It was not his good fortune, however, to enjoy for a +lengthened period either the title, or the domains attached to it. In +January, 1585, four years after he had come into possession, Parliament +rescinded the Attainder, and declared that the title and the estates were +to be conferred on the Regent Morton's lawful heir. Maxwell was declared a +rebel, mainly owing to his religious views--he being a warm adherent of +the Romish Church--and Johnstone was commissioned to apprehend him. Though +he had the assistance of two bands of hired soldiers, Maxwell proved more +than a match for him, took him prisoner, and set fire to Lochwood Castle, +as it was savagely remarked, "that Lady Johnstone might have light to put +on her hood." This unexpected blow fell on the laird of Johnstone with +crushing effect. In the following year he died of a broken heart. It is +to these circumstances that we must attribute the origin of the deadly +feud between the two clans, and especially between their chiefs. + +But Maxwell, though gaining this important victory, was not allowed to +escape. He was ultimately taken prisoner, but afterwards regained his +liberty, on condition that he left the country. He went to Spain, and +offered his services to "His Catholic Majesty," who was then busily +engaged in fitting out the _Invincible Armada_, by which he hoped to +overwhelm both England and Scotland. Lord Maxwell--so little was he +animated by the spirit of patriotism--entered into the scheme _con amore_. +Being furnished with ample means, he returned to Scotland in 1588 to levy +men on the Borders to assist his new sovereign. His prefidious designs +were fortunately discovered, and ere he could make good his escape, he was +surprised by the King in Dumfries, taken prisoner, and his wardenship of +the West Marches bestowed on his powerful rival, the laird of Johnstone. +Everything might have gone on smoothly at this juncture had the King only +been gifted with a little firmness and foresight. He was anxious, however, +to conciliate his Roman Catholic subjects, and he seems to have come to +the conclusion that, reasonable conditions being imposed, he might +accomplish this end by restoring Maxwell to favour and office. This was a +fatal blunder, and produced disastrous results. Though the two rival +chiefs were induced to enter into a bond of alliance to support each other +in their lawful quarrels, as might have been expected, it was not long +before circumstances arose which brought them again into deadly conflict. +The Johnstones seemed to have concluded that they were at liberty to harry +and despoil at their pleasure, so long as they left unmolested any of the +name of Maxwell. Acting upon this principle, they made a raid upon +Nithsdale, and committed sundry depredations on Lord Sanquhar, the lairds +of Drumlanrig, Closeburn, and Lagg, and killed eighteen persons who had +"followed their own goods." Such a fierce and unprovoked assault could not +well be allowed to go unpunished, and so a commission was given to Lord +Maxwell to pursue the Johnstones with all hostilities. Johnstone hearing +of this, at once adopted measures for his protection. He summoned to his +aid the Scotts of Teviotdale, and the Grahams and Elliots of Eskdale, as +well as "divers Englishmen, treasonably brought within the realm, armed in +plain hostility." Maxwell, however, determined not to be beat, entered +into "Bonds of Manrent" with Sanquhar, Drumlanrig, and several others, who +had suffered at the hands of Johnstone, to maintain each other's quarrels. + +Acting upon his commission, Maxwell summoned Johnstone to surrender, but +this he refused to do, on the ground that the warden had acted illegally +in entering into "Bonds" with the persons above-mentioned. As it was +clearly impossible to settle the question by diplomatic means, the warden +despatched Captain Oliphant with some troops to Lochmaben, to await his +arrival in Annandale. The Johnstones, who were on the alert, coming +suddenly upon them, killed the captain, and a number of his soldiers, and +burned the Kirk of Lochmaben, where some of Oliphant's men had fled for +refuge. Lord Maxwell now entered the field in person. He expected to raise +the different towns in his aid; but Johnstone, acting on the principle +that "a 'steek' in time saves nine," attacked him at once, scattered his +forces, and slew Lord Maxwell, "and sundry gentlemen of his name." This +affair took place December, 1593, and is well known as the Battle of Dryfe +Sands. "Lord Maxwell," it is said, "a tall man, and heavy in armour, was +in the chase overtaken and stricken from his horse. The report went that +he called to Johnstone, and desired to be taken (prisoner), as he had +formerly taken his (Johnstone's) father: but was unmercifully used; and +the hand that reached forth cut off; but of this I can affirm nothing. +There, at all events, the Lord Maxwell fell, having received many wounds. +He was a nobleman of great spirit, humane, courteous, and more learned +than noblemen commonly are; but aspiring and ambitious of rule." + +In this contest the Maxwells suffered severely. They were cut down in +scores in the streets of Lockerbie. It is said that those who escaped bore +on them to their dying hour marks of the fatal day, which occasioned the +proverbial phrase of "a Lockerby lick," to denote a frightful gash over +the face or skull. So dreadful was the carnage in this disastrous "bout of +arms" that it is alleged by numerous historians that at least 700 of the +Maxwells and their adherents were slain. Two aged thorns long marked the +spot where Maxwell met his fate, known in the district as "Maxwell's +Thorns." They were carried away by a flood some fifty years ago, but have +been replaced by two others, now enclosed in a railing. + +"It is evident, then," remarks Pitcairn, "according to the sentiments of +those times, inherited from their earliest years, which 'grew with their +growth and strengthened with their strength,' that natural duty and filial +piety required such a feud should become hereditary, and behoved should be +handed down from one generation to another. The attempts by the King and +his Council to procure an effectual reconciliation, although strenuously +made and often repeated, at length proved abortive. The re-appointment of +the Laird of Johnstone to be warden of the West Marches, in 1596, appears +to have served as a signal for the resumption of mutual aggressions."[56] +It would seem that Johnstone held the office at this time for a period of +three years, but as his wardenry had got into a most unsatisfactory +condition, he was superseded by Sir John Carmichael, his appointment being +notified to Lord Scrope, by James VI., on the 26th December, 1599. +Carmichael was murdered by Thomas Armstrong, "son of Sandies Ringan," in +the following year, and Johnstone was again appointed to this ill-fated +office. All this time the feud raged as fiercely as ever. Various attempts +were made to bring about an agreement, but nothing came of them. At length +through the influence of mutual friends, a private meeting was arranged. +Solemn pledges were given and exchanged, and Lord Maxwell and Sir James +Johnstone met on the 6th of April, 1608, each accompanied only by a single +attendant. The principals having removed some distance to discuss their +affairs, a quarrel arose between the two attendants, and when Sir James +Johnstone turned round to admonish them to keep the peace, Lord Maxwell +suddenly drew his pistol, and fired at him, and shot him through the back +with two bullets. + +This cold-blooded murder, made all the more heinous by the circumstances +in which it was perpetrated, was amply revenged. Lord Maxwell was +apprehended, and put in ward in the Castle of Edinburgh. He contrived, +however, to escape, and went abroad, where he remained for four years. He +returned to the Borders, but finding that his crime was remembered +against him, had instantly to prepare for embarkation to Sweden. +Unfortunately for himself, he was persuaded by his kinsman, the Earl of +Caithness, to abandon this project. He was lured to Castle Sinclair, where +he was promised shelter and secrecy. He was not long there before he was +betrayed by his friend, taken prisoner, and brought to Edinburgh and +beheaded. "It may be gratifying to know that the Earl of Caithness +obtained no reward for his traitorous conduct; but, on the contrary, his +treachery served as a source of constant reproach to him and his +family."[57] + +"Thus was finally ended, by a salutary example of severity, 'the foul +debate' betwixt the Maxwells and the Johnstones, in course of which each +family lost two chieftains; one by dying of a broken heart, one in the +field of battle, one by assassination, and one by the sword of the +executioner."[58] + +The history of the Borders unfortunately affords too many examples of the +deplorable consequences arising from the prevalency and frequency of such +feuds. Many were compelled to live in constant terror of the dagger of the +assassin, never knowing the moment when they might be stricken down by an +unseen hand. At the same time it may be remarked that those who were +guilty of the crime of murder found it a matter of extreme difficulty to +escape punishment. The "avenger of blood" was ever on the track, and +though for a time, by means of various disguises, the culprit might elude +pursuit, he had sooner or later to pay the penalty of his misdeeds. + +In the year 1511 Sir Robert Ker of Cessford was slain at a Border meeting +by three Englishmen--Heron, Starhead, and Lillburn. The English monarch +delivered up Lillburn to justice, but the other two made good their +escape. Starhead fled for refuge to the very centre of England, and there +lived in secrecy and upon his guard. Two dependants of the murdered warden +were deputed by Andrew Ker of Cessford to revenge his father's death. They +travelled through England in various disguises till they discovered the +place of Starhead's retreat, murdered him in his bed, and brought his head +to their master, by whom, in memorial of their vengeance, it was exposed +on the cross of Edinburgh. Heron would have shared the same fate had he +not spread abroad a report of his having died of the plague, and caused +his funeral obsequies to be performed. + +Various expedients were resorted to in order to terminate the feuds which +prevailed. A common method was to get the Chiefs and Chieftains of the +opposing clans to subscribe what were called "bonds of assurance." There +can be no doubt that this might often have proved a most effective +measure, had the parties concerned only been willing to let bygones be +bygones. But it was found that the old sores were not easily healed. +Despite the utmost precautions, animosities which had been suppressed for +a time--kept as it were in abeyance--would assert themselves in a most +unexpected manner, and with redoubled force, and create a still more +distracting condition of affairs. + +Prior to the Reformation, feuds were sometimes terminated by an appeal to +the religious sensibilities of the persons more immediately concerned. +They were induced to make pilgrimages to noted shrines--the shrine of St. +Ninian being a favourite resort--where, under the influence of religious +thoughts and feelings, they might be induced to take a more kindly view of +those with whom they were at feud, and make some reparation for the injury +they had inflicted. How far this method succeeded it is difficult to +determine, but the likelihood is that it was quite as effective as any +other. + +Among the Chiefs, or clans, feuds were sometimes brought to an end by a +contract of marriage between a leading gentleman of one clan and a +daughter of the principal house of the other. This was the plan adopted by +the Scotts and Kers, and which, after some vexatious delays, proved +entirely successful. + +But if it was found that none of the above methods of terminating the feud +could be conveniently applied, then resort was had, as has already been +hinted, to still simpler means. An atonement was made by the payment of a +sum of money called "assythment," which was sometimes found sufficient to +restore good feeling, and bring together in a spirit of amity families +that had been at feud with each other. + +But these and other means of putting an end to the feud proved, perhaps, +in the majority of cases, of little or no avail. The parties concerned +preferred, generally, to fight it out to the bitter end, utterly +indifferent to consequences. + + + + +VIII. + +THE THIEVES DAUNTONED. + + "Revenge! revenge! auld Wat 'gan cry; + Fye, lads, lay on them cruellie! + We'll ne'er see Teviotside again, + Or Willie's death revenged sall be." + + +The intermittent and ineffective manner in which the law was generally +administered on the Borders was the occasion, if not the cause, of much of +the turbulence and lawlessness which prevailed. The Border thieves were +now and then placed under the most rigid surveillance, and their misdeeds +visited with condign punishment; but for the most part they were left to +work out their own sweet will, none daring to make them afraid. + +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 +that at this present, there is some practice in hand, whatsoever it +is--and he doth assure me that those of Liddesdale, Ewesdale, Eskdale, and +Annandale, being 400 horse that came to Hawden brigges where they took +away the goods and burnt 4 houses, was not without the King's knowledge, +but not meant to be done in that place."[60] In another communication, in +which he alludes to the coming of the King to the Borders with a large +army, ostensibly to punish the thieves, he remarks, that he thought it +very strange that the King should come with so great a company for the +suppressing of a few thieves, when there was not one of them, either in +Liddesdale or Teviotdale, that he might not have had brought to him, had +he so wished it. He hints that these great outrages would never have been +attempted without the King's "privitie"--"for it was given forth," he +says, "that the Earl Bothwell's riding to Branksome and Hawick, where he +holds as many of Liddesdale before him as it pleased him to send for, that +it was to cause them of Liddesdale to be answerable to justice to England +for such outrages as they had sundry times committed; but the sequel did +manifest the cause of his going thither. For presently after, his said +son-in-law, the Laird of Buccleuch, made a 'roade' with 300 horse into the +West March at two of the clock in the after-noon, with a trumpet and +gydon, and spoiled the country about Bewcastle in warlike manner till +sun-set. The trumpet was my Lord Bothwell's, and the goods was carried to +Armitage at my Lord Bothwell's officers' commandment. So as I have just +cause to think that this 'roade' was done by my Lord Bothwell's +appointment, and I am sure he durst not have done it without the King's +privity, I will not say commandment."[61] + +These are only a few of many illustrations of a similar kind which may be +found scattered through the pages of the "State Papers," and while we must +be careful not to accept such statements as in every instance worthy of +absolute credence, yet the circumstances would seem to warrant our +regarding them, in many cases at least, as well founded. When the King and +his lieutenants thus secretly connived at, and encouraged, the +depredations of the reivers, we need hardly wonder that they engaged in +the work of plundering with an almost total absence of compunction. + +Had the sphere of their operations been always strictly confined to the +English Border, the likelihood is that neither King, nor Regent, would +have sought to "daunton" them. But there were times when it was difficult +for the Scottish reivers to earn a decent livelihood by harassing and +spoiling "the auld enemy," owing to the watchfulness and strength of those +dwelling within the opposite Marches; and as there was a danger of their +talents becoming feeble through disuse, they naturally turned their +attention to their own more wealthy neighbours and friends. That there is +"honour among thieves" is a proposition that is sometimes called in +question; but we find that the spirit of a really helpful friendship +occasionally manifested itself in curious ways. When a family, or clan, +contemplated a raid upon a neighbour's property, it was customary to +secure the assistance of the thieves on the opposite Border. In +"Pitcairn's Criminal Trials" there are numerous allusions to the +prosecutions of famous Scottish reivers for the inbringing of Englishmen +to assist them in the work of plunder. This was one of the offences +charged against Cockburn of Henderland, and which, no doubt, weighed +heavily with his judges in consigning him to the gallows. + +When the reivers thus turned their attention to their own countrymen, and +with the assistance of English allies began to despoil them, it was felt +that strong measures must be adopted for their suppression and punishment. +The Border reivers regarded the law with a feeling akin to contempt. They +were disposed to look upon the statutes of the realm as so many old wives' +fables; and, truth to speak, they were often of not much more account. The +policy of the wardens was too frequently one of mere self-aggrandizement, +and so long as their individual interests were not imperilled they looked +on with a kind of placid indifference at the misdoings of those whom it +was their duty, if not their interest, to control. When James VI. came to +Dumfries, to "daunton the thieves" in that district of the country, his +time was mainly occupied in meting out summary punishment to men of high +social position, whose "thefts, herschips, and slaughters" had become +notorious, and cried aloud for vengeance. There were, no doubt, many of +the commonality as well, who at this time were made to suffer for their +crimes, but as these cases were generally dealt with by subordinate +officials, they do not come so prominently before us. "Nothing is more +remarkable," says Sir Herbert Maxwell, "than the light thrown on the +social state of Scotland at this time by the justiciary records. By far +the larger part of the criminals dealt with at the King's 'justice aires' +were men of good position, barons and landowners, burgesses or provosts of +burghs. The humbler offenders were dealt with by the sheriff or at the +baron's courts, and do not appear; but the following extracts from the +records of the short reign of James IV., in which the culprits are all +landowners, or members of their families, in Dumfriesshire or Galloway, +illustrate the difficulty of maintaining order when the upper classes were +so unruly." Here a list of names is appended, in which such well-known +personages as Murray, Jardine, Herries, Bell, Dinwoodie, Lindsay, Douglas, +&c., appear. These men stand charged with high treason, +forethought--felony, slaughter, horse-stealing, and other heinous +offences. Some were pardoned, others respited, the horse-stealer was +called upon to make restitution,--a severe sentence,--and Lindsay of +Wauchope, who had slain a messenger-at-arms, was condemned to death, and +his estates forfeited. In the accounts of expenditure incurred by the King +during this visit to Dumfries some curious items appear. Here are a few +samples. _Item_, to the man that hangit the thieves at the +Hallirlaws,--xiiijs. _Item_, for ane raip to hang them in ...--viijd. +_Item_, to the man that hangit the thieves in Canonby, be the King's +command ...--xiiijs. But all the details are not of this gruesome +character. The work of hanging, needful as it was, could give but "sma' +pleasure" even to a King, and so we find that entertainment of another +kind was plentifully provided for the youthful monarch. "He was attended +in his progress," says Tytler, "by his huntsmen, falconers, morris +dancers, and all the motley and various minions of his pleasure, as well +as by his judges and ministers of the law; and whilst troops of the +unfortunate marauders were seized and brought in irons to the encampment, +executions and entertainments appear to have succeeded each other with +extraordinary rapidity."[62] + +Not long after the King made another visit to the Borders, coming on this +occasion also with a considerable following, to the Water of Rule, to +"daunton" the Turnbulls, whose excesses had filled the minds of the more +peaceful inhabitants with a feeling of terror. Leslie, in his own quaint +and picturesque style, thus describes the incident:--"The King raid furth +of Edinburgh, the viij. of November one the nycht, weill accumpaneit to +the watter of Roulle, quhair he tuik divers brokin men and brocht thame to +Jeduart; of quhom sum was justifyeit, and the principallis of the +trubillis [Turnbulls] come in lyning claythis, with nakitt sordis in thair +handis and wyddyis [ropes] about thair neckis, and pat thame in the Kingis +will; quha wes send to divers castells in ward, with sindrie utheris of +that cuntrey men also, quhair throchout the bordouris wes in greiter +quietnes thairefter."[63] + +We find that the Regents, when occasion demanded, were no less severe in +their treatment of the unfortunate marauders. It would seem that about the +middle of the sixteenth century the Borders had attained to an almost +unexampled degree of lawlessness. Murder, robbery, and offences of all +kinds prevailed to an intolerable extent. It is said that men who had been +publicly outlawed walked abroad, deriding the terrors of justice. Hawick, +a burgh of ancient renown, was the centre of these crimes. The Earl of Mar +made a sudden and rapid march upon the town, encompassed it with his +soldiers, and made a proclamation in the market place forbidding any one, +on pain of death, to receive or shelter a thief. He apprehended +fifty-three of the most noted outlaws, eighteen of whom, strange to state, +he was under the necessity of drowning for "lack of trees and halters." +Six were hanged in Edinburgh, and the rest either acquitted or put in +prison. This sharp and salutary lesson was evidently laid to heart, as we +learn that, for some time after, extraordinary quietness prevailed. + +In a few years, however, the state of matters on the Borders seems to have +gone from bad to worse. The Scotts and the Ellwoods (Elliots) were at +deadly feud, and as the result of their frequent and violent quarrels the +whole district was thrown into confusion and disorder. Queen Mary had +recently returned from France; and, hearing how things were going in this +distracted part of her realm, came to Jedburgh to hold court in person. +For more than a week she was busily engaged in hearing a great variety of +cases that were brought before her, and imposing various modes and degrees +of punishment on the offenders. It was on this occasion she made her +famous visit to Hermitage Castle, in Liddesdale. The Earl of Bothwell had +been stationed there for some time, in order if possible to "daunton" the +"wicked limmers" by whom the district had long been infested. One day when +in pursuit of a party of Elliots, having got considerably ahead of his +company, he encountered a famous mosstrooper, John Elliot of Park, the +"little Jock Elliot" of Border song (?), and drawing a "dag" or pistol +fired at him, wounding him severely in the thigh. The gallant marauder +turned upon his assailant, and, with a two-handed sword, which he wielded +with amazing dexterity, bore him to the ground, leaving him to all +appearance dead. Some have been wicked enough to wish that this _coup +d'epee_ had been more effective, as both Queen and country would have been +spared much trouble and many heart burnings had Elliot's well-aimed blow +fallen with more deadly effect. Mary, hearing that her favourite courtier +lay ill at Hermitage, resolved to pay him a friendly visit. Leaving +Jedburgh early in the morning, in the company of her brother Murray, and +other officers, she rode by way of Hawick over the hills to Liddesdale--a +distance of twenty miles. The road was rough, and not without its hazards, +especially to one unacquainted with the district--the ground near the +watershed being full of quaking bogs and treacherous morasses. There is a +place still known as the "Queen's Mire," near the head of the Braidlie +burn, where the palfrey on which her Majesty was riding came to grief. Not +long ago a bit of a silver spur was found at this spot, which is not +unreasonably regarded as a relic of the Queen's disaster. + +After watching by the bed of the sufferer for the space of two hours, the +Queen resumed her journey, reaching Jedburgh the same night. This long +and exciting ride, which has exposed the memory of the fair Queen to many +severe animadversions, was followed by a violent fever, which brought her +to the gates of death. She herself did not expect to recover. Calling her +nobles around her couch she enjoined them to live in unity and peace with +each other, and to employ their utmost diligence in the government of the +country, and the education of her son. But the end was not yet. +Fotheringay, with its tragic memories, and not the quiet Border town where +she then lay, was to witness the close of her sublimely pathetic career. + +The unsettled condition of the country after the battle of Langside, and +the Queen's flight into England, made the Border reivers more than ever +bold and lawless. They seemed to think that their opportunity had come, +and that they might shake themselves free from the embarrassing restraints +of constituted authority. But they were speedily made to feel that the +hand of the Regent was even heavier than that of the King. The Earl of +Murray, realizing that repressive measures were urgently needed, mustered +a force of 4000 horse and foot and marched into Teviotdale, where he was +speedily joined by Scott of Buccleuch, Home, Ker of Cessford, Ker of +Ferniherst, and other gentlemen. After consulting together it was resolved +to burn and destroy Liddesdale; and Buccleuch and Ferniherst were deputed +to undertake the work. This resolution, as might have been expected, +created consternation and dismay amongst the leaders of the clans, who +came to the Regent entreating him to stay his hand, and graciously pardon +their offences. Murray was not unwilling to do so, provided they would +give assurances and pledges of their future conduct. + +It was found impossible, however, to come to terms. The sureties offered +did not satisfy the Regent, and he at once set about the wholesale work of +destruction which he had formerly planned. He was determined to do the +work thoroughly when he had begun. Everything that would burn was given to +the flames. Not a single house was left standing. He spent a Sunday night +in the castle of Mangerton, and when he left next morning he had the +satisfaction of seeing it reduced to a heap of ruins. This destructive +invasion must have taxed the energies of his large army, as it is said +that the Armstrongs and Elliots had fifty keeps and castles on the banks +of the Liddle. It is one thing, however, to destroy the rookeries; it is +another and totally different thing to exterminate the crows. The Border +thieves were not difficult to accommodate. They were inured to hardship. +It was a necessity of their mode of life. Their "peels" and "towers" might +be in ruins, but it never seemed to have occurred to them to go elsewhere, +at least for any length of time. As soon as the avenging army had +withdrawn, they were back to their old haunts, and in a short time had +them as comfortable as ever. When a community has been demoralized by long +continued misgovernment, the mere application of brute force does not go +far in the way of restraining them, or helping them toward a better mode +of life--a lesson which governments are often slow to learn. + +But this work of "dauntoning the thieves" was also occasionally undertaken +by the wardens with considerable heartiness, more especially when dealing +with unfortunate culprits from the opposite wardenry. Sir Robert Cary +frequently distinguished himself in this way. In his chatty and +interesting "Memoirs," he tells a story of one _Geordie Bourne_, whom he +caused to be hanged on account of his villainies. It is to be hoped that +the picture he has drawn of this man is not representative of the reivers +as a whole, as it is hardly possible to conceive of a more consummate +scoundrel. We shall let the warden tell the story in his own words. He +says:--"This gallant with some of his associates, would, in a bravery, +come and take goods in the East March. I had that night some of the +garrison abroad. They met with this Geordie and his fellows driving off +cattle before them. The garrison set upon them, and with a shot killed +Geordie Bourne's uncle, and he himself bravely resisting, till he was sore +hurt in the head, was taken. After he was taken, his pride was such as he +asked who it was that durst avow that night's work? But when he heard it +was the garrison, he was then more quiet. But so powerful and awful was +this Sir Robert Car and his favourites, as there was not a gentleman in +the East March that durst offend them. Presently, after he was taken, I +had most of the gentlemen of the March come to me, and told me that now I +had the ball at my foot, and might bring Sir Robert Car to what condition +I pleased; for this man's life was so near and dear to him, as I should +have all that heart could desire for the good and quiet of the country and +myself, if upon any condition I would give him his life. I heard them and +their reasons; notwithstanding, I called a jury the next morning, and he +was found guilty of March treason. Then they feared that I would cause him +to be executed that afternoon, which made them come flocking to me that I +should spare his life till the next day; and if Sir Robert Car came not +himself to me, and made me not such proffers as I could not but accept, +then I should do with him what I pleased. And, further, they told me +plainly that if I should execute him before I heard from Sir Robert Car, +they must be forced to quit their houses and fly the country; for his fury +would be such against me and the March I commanded, as he would use all +his power and strength to the utter destruction of the East March. They +were so earnest with me, that I gave them my word he should not die that +day. There was post upon post sent to Sir Robert Car; and some of them +rode to him themselves to advertise him in what danger Geordie Bourne was; +how he was condemned, and should have been executed that afternoon, but, +by their humble suit, I gave them my word that he should not die that day; +and therefore besought him that he would send to me with all speed he +could, to let me know that he would be next day with me to offer good +conditions for the safety of his life. When all things were quiet and the +watch set at night, after supper, about ten of the clock, I took one of my +men's liveries and put it about me, and took two other of my servants with +me in their liveries, and we three, as the warden's men, came to the +Provost Marshal's, where Bourne was, and were let into his chamber. We sat +down by him, and told him that we were desirous to see him, because we +heard he was stout and valiant and true to his friend; and that we were +sorry our master could not be moved to spare his life. He voluntarily of +himself said that he had lived long enough to do so many villainies as he +had done, and withal told us that he had lain with above forty men's +wives, what in England, what in Scotland; and that he had killed seven +Englishmen with his own hand, cruelly murdering them; that he had spent +his whole time in whoring, drinking, stealing, and taking deep revenge for +slight offences. He seemed to be very penitent, and much desired a +minister for the comfort of his soul. We promised him to let our master +know his desire, who, we knew, would presently grant it. We took our leave +of him, and presently I took order that Mr Selby, a very worthy honest +preacher, should go to him, and not stir from him till his execution the +next morning; for after I had heard his own confession, I was resolved no +conditions should save his life; and so took order that, at the gate's +opening next morning, he should be carried to execution, which accordingly +was performed."[64] + +Milder measures were sometimes adopted, and proved surprisingly +efficacious--in certain circumstances. Before Sir Robert Cary was warden +of the East March he was deputy to Lord Scrope, his brother-in-law, who +was warden of the West March, with his headquarters in Carlisle. On one +occasion, when occupying this subordinate position, intelligence was +brought to him that two Scotsmen had killed a churchman in Scotland, and +that they had been relieved or sheltered by one of the Graemes of Netherby. +Cary determined to surprise the fugitive Scots, and about two o'clock one +morning surrounded the Tower of Netherby with twenty-five horsemen. As he +approached he saw a boy riding from the house as fast as his horse could +carry him. Thomas Carelton came to him and said, "Do you see that boy that +rideth away as fast? He will be in Scotland within this half hour, and he +is gone to let them know that you are here, and the small number you have +with you; and that if they make haste, on a sudden they may surprise us, +and do with us what they please." But Cary was not to be frightened. He +soon gathered together three or four hundred horse from the surrounding +district and as many foot, and presently set to work to get to the top of +the strong tower into which the Scots had fled for refuge. The Scots, +seeing how things were going, pled for mercy. "They had no sooner opened +the iron gate," says Cary, "and yielded themselves my prisoners, but we +might see four hundred horse within a quarter of a mile coming to their +rescue, and to surprise me and my small company; but of a sudden they +stayed, and stood at gaze. Then had I more to do than ever, for all our +Borderers came crying with full mouths, 'Sir, give us leave to set upon +them, for these are they that have killed our fathers, our brothers, our +uncles, and our cousins; and they are come, thinking to surprise you, upon +weak grass nags,[65] such as they could get on a sudden; and God will put +them into your hands, that we may take revenge of them for much blood that +they have spilled of ours.' I desired that they would be patient and wise, +and bethought myself, if I should give them their wills, there should be +few or none of them (the Scots) that would escape unkilled (there were so +many deadly feuds among them), and therefore I resolved with myself to +give a fair answer, but not to give them their desire. So I told them that +if I were not there myself, they might do what pleased themselves; but +being present, if I should give them leave, the blood that had been spilt +that day would lie very heavy on my conscience, and therefore I desired +them, for my sake, to forbear; and if the Scots did not presently make +away with all the speed they could upon my sending to them, they should +then have their wills to do what they pleased. They were ill satisfied +with my answer, but durst not disobey. I sent with speed to the Scots, and +bade them pack away with all the speed they could, for if they stayed the +messengers' return, there should few of them return to their own home. +They made no stay, but they were turned homewards before the messenger had +made an end of his message. Thus, by God's mercy and by my means, there +were a great many lives spared that day."[66] + +Thus ended happily what might otherwise have proved a disastrous +encounter. Such incidents tend to prove that the Borderers might have been +governed with comparative ease had they only been dealt with in a firm but +kindly spirit. The rough usage to which they were frequently subjected at +the hands of the government made them reckless, and not unnaturally led +them to regard the law not as a friend, but as an enemy. + + + + +IX. + +LIDDESDALE LIMMERS. + + "_Wicked thieves and limmers._" + + ACT OF PARLIAMENT. + + + "Thir limmer thieves, they have good hearts, + They nevir think to be o'erthrown; + Three banners against Weardale men they bare, + As if the world had been their own." + + ROOKHOPE RYDE. + + +Though reiving may be said to have been a characteristic of the +inhabitants along the whole Border line from Berwick to the Solway, yet it +was only in the district known as Liddesdale where it attained, what we +might designate, its complete development as a thoroughly organized +system. This part of Roxburghshire is, to a certain extent, detached from +the rest of the county by reason of the fact that it lies south of the +range of hills which form the watershed between the Solway and the German +Ocean. This picturesque and interesting district, so famous in Border song +and story, is of a somewhat triangular shape, and at present forms one of +the largest parishes in the south of Scotland, measuring some twenty miles +by fourteen. It is bounded by England on the south, by Dumfriesshire on +the west, and by the parishes of Teviothead, Hobkirk, and Southdean on +the north. The upper, or northern, portion is mountainous and bleak. Some +of the hills along its boundaries are high and precipitous, the lofty +peaks of Millenwood Fell and Windhead attaining an elevation of close on +2000 feet. Tudhope hill, which forms a landmark for ships at sea, is 1830 +feet high. The lower end of the district is less mountainous, but the +whole country is wild and bare, except in the valleys, which are clothed +in the richest green, and are sunny and sheltered. + +Along the banks of the Hermitage and the Liddle--the latter stream giving +its name to the district--the keeps and peels of the Border reivers were +thickly and picturesquely planted. These towers, many of which have been +happily preserved, form one of the most striking features of the Border +landscape. As a general rule they were built in some situation of great +natural strength, on a precipice, or close to the banks of a stream, or +surrounded by woods and morasses, which made them difficult of access. The +position in which they were generally placed indicated at a glance the +pursuits and apprehensions of their inhabitants. It is said that when +James VI. approached the castle of Lochwood, the ancient seat of the +Johnstones, he exclaimed that "the man who built it must have been a knave +in his heart." + +The principal part of these strongholds consisted of a large square tower, +called a "keep," having walls of immense thickness, which could be easily +defended against any sudden or desultory assault. The residencies of the +inferior Chiefs, called "peels" or "bastel-houses," were generally built +on a much smaller scale, and consisted merely of a high square tower, +surrounded by an outer wall, which served as a protection for cattle at +night. In these places the rooms were placed, one above the other, and +connected by a narrow stair, which was easily blocked up or defended, so +that it was possible for the garrison to hold out for a considerable +period, even after the lower storey had been taken possession of by the +enemy. In such circumstances the usual device was for the assailants to +heap together quantities of wetted straw, and set fire to it in order to +drive the defenders from storey to storey, and thus compel them to +surrender. + +"In each village or town," says Sir Walter Scott, "were several small +towers having battlements projecting over the side walls, and usually an +advanced angle or two, with shot-holes for flanking the doorway, which was +always defended by a strong door of oak, studded with nails, and often by +an interior door of iron. These small peel-houses were ordinarily +inhabited by the principal feuars and their families. Upon the alarm of +approaching danger, the whole inhabitants thronged from their miserable +cottages, which were situated around, to garrison these places of +defence. It was then no easy matter for an hostile party to penetrate into +the village, for the men were habituated to the use of bow and fire-arms; +and the towers being generally so placed that the discharge from one +crossed that from another, it was impossible to assault any of them +individually." + +In the middle of the sixteenth century there were no fewer than sixteen of +these bastel-houses in the village of Lessudden, a fact which shows that +the inhabitants of the Border were compelled to live under somewhat +peculiar conditions. To follow the ordinary occupations of life was, in +most cases, all but impossible. + +One of the most important strongholds on the Borders was Hermitage, a +well-built castle, placed near the watershed, on the banks of a +swift-flowing mountain stream--the Hermitage water, which joins the Liddle +a little above the village of Newcastleton. This famous Border tower was +built and fortified by Walter, Earl of Menteith, in the beginning of the +thirteenth century. It was a royal fortress, built and maintained for the +defence of the Kingdom. Numerous interesting associations cluster around +its mouldering walls. It has, unhappily, been the scene of many a +blood-curdling tragedy. Could its massive walls only recount the deeds +which have been done under their shadow, they would many a strange tale +unfold. Hermitage was long associated with the name of Lord Soulis, a +fiend in human form, whose crimes have been painted in blackest hues, and +to whom tradition has ascribed almost every conceivable kind and degree of +wickedness. He seems, at least, to have been utterly destitute of the +divine quality of mercy. + + "The axe he bears, it hacks and tears; + 'Tis form'd of an earth-fast flint; + No armour of knight, tho' ever so wight, + Can bear its deadly dint. + + No danger he fears, for a charm'd sword he wears, + Of adderstone the hilt; + No Tynedale knight had ever such might, + But his heart-blood was spilt." + +He invited the young laird of Mangerton to a feast, and treacherously +murdered him. The "Cout of Keeldar," also, was drowned by the retainers of +Lord Soulis in a pool near the castle, being held down in the water by the +spears of his murderers. + + "And now young Keeldar reach'd the stream, + Above the foamy linn; + The Border lances round him gleam, + And force the warrior in. + + The holly floated to the side, + And the leaf on the rowan pale; + Alas! no spell could charm the tide, + Nor the lance of Liddesdale. + + Swift was the Cout o' Keeldar's course + Along the lily lee; + But home came never hound nor horse, + And never home came he. + + Where weeps the birch with branches green, + Without the holy ground, + Between two old gray stones is seen + The warrior's ridgy mound. + + And the hunters bold, of Keeldar's train, + Within yon castle's wall, + In a deadly sleep must aye remain, + Till the ruin'd towers down fall. + + Each in his hunter's garb array'd, + Each holds his bugle horn; + Their keen hounds at their feet are laid + That ne'er shall wake the morn." + +Tradition says that, when the people complained to the King of the +atrocities committed by Lord Soulis, he said to them in a fit of +irritation--"Go, boil Lord Soulis and ye list, but let me hear no more of +him." No sooner said than done-- + + "On a circle of stones they placed the pot, + On a circle of stones but barely nine; + They heated it red and fiery hot, + Till the burnish'd brass did glimmer and shine. + + They roll'd him up in a sheet of lead, + A sheet of lead for a funeral pall; + They plunged him in the cauldron red, + And melted him, lead, and bones and all. + + At the Skelfhill, the cauldron still + The men of Liddesdale can show; + And on the spot where they boil'd the pot + The spreat and the deer-hair ne'er shall grow." + +At a place called the "Nine Stane Rig" there may still be seen a circle of +stones where it is supposed this gruesome tragedy was enacted. The +"cauldron red," in which Lord Soulis was boiled, is now in the possession +of the Duke of Buccleuch. The Nine Stane Rig derived its name from an old +Druidical circle of upright stones, nine of which remained to a late +period. Two of these are particularly pointed out as those that supported +the iron bar upon which the fatal cauldron was suspended. + +The castle of Hermitage ultimately passed into the possession of the +Douglasses, and became the principal stronghold of the "Black Knight of +Liddisdale," a natural son of the good Lord James Douglas, the trusted +friend and companion of Bruce. In the year 1342 it was the scene of the +following terrible tragedy: + +Sir Alexander Ramsay of Dalhousie, a brave and patriotic Scottish baron, +who had specially distinguished himself in the wars with England, was +appointed governor of the castle of Roxburgh and Sheriff of Teviotdale. +Douglas, who had formerly held the office of Sheriff, was enraged when he +heard what had occurred, and vowed revenge against Ramsay, his old +companion in arms. He came suddenly upon him with a strong party of his +vassals while he was holding his court in the church of Hawick. Ramsay, +suspecting no harm, invited Douglas to take a seat beside him. The +ferocious warrior, drawing his sword, rushed upon his victim, wounded him, +threw him across his horse, and carried him off to the remote and +inaccessible castle of Hermitage. There he was thrown into a dungeon, and +left to perish of hunger. It is said that his miserable existence was +prolonged for seventeen days by some particles of corn which fell from a +granary above his prison. Tytler, in commenting on this abominable crime, +justly remarks:--"It is a melancholy reflection that a fate so horrid +befell one of the bravest and most popular leaders of the Scottish nation, +and that the deed not only passed unrevenged, but that its perpetrator +received a speedy pardon, and was rewarded by the office which led to the +murder." + +In later times Hermitage is chiefly associated with the names of Bothwell +and Buccleuch. It is still in the possession of the latter noble family, +and is one of the most interesting of all the old Border castles. + +In the olden time Liddesdale was chiefly inhabited by two numerous and +powerful families--the Armstrongs and the Elliots. The laird of Mangerton +was the head of the former, and the laird of Redheugh of the latter. Both +families were, almost without exception, notorious freebooters. Reiving +was the business of their lives. They were inspired, if not with a noble, +at least with an overmastering enthusiasm for their nefarious calling. +They were strongly of opinion that all property was common by the law of +nature, and that the greatest thief was the man who had the presumption +to call anything his own! Might was right. + + "They may take who have the power, + And they may keep who can." + +It was, no doubt, a simple rule, but the consequences resulting from its +application were not always of an agreeable description. + +It is said that the original name of the Armstrongs was _Fairbairn_, and +that the change of name was brought about by a curious incident. The King +on one occasion asked a Fairbairn to help him to mount his horse. +Stretching out his arm, he caught the King by the thigh, and lifted him +into his saddle. From henceforth he was known by the name of _Armstrong_. + +The name "Elliot" has undergone considerable changes. It is spelled in +some of the older documents in at least seventy or eighty different ways, +the most common being Ellwood, Elwald, Elwand, Hellwodd, Halliot, Allat, +Elliot. It is remarkable that in many districts in the south of Scotland +the name is still pronounced "Allat," though this is one of the older +forms in which it appears. + +The Elliots and Armstrongs and other inhabitants of Liddesdale attained an +unenviable notoriety. The picture which Maitland has drawn of these +"Liddesdale Limmers" may be here and there too highly coloured; yet those +who are most familiar with the facts of Border history will be the first +to admit that it is, on the whole, a fairly accurate description. It is +entitled, "A Complaynt against the Thieves of Liddesdale"-- + + "Of Liddesdale the common thieves, + Sae pertly steals now and reives, + That nane may keep + Horse, nolt, nor sheep + For their mischieves. + + They plainly through the country rides, + I trow the mickle devil them guides, + Where they onset + Ay in their gait, + There is no yett, + Nor door them bides. + + They leave richt nocht wherever they gae; + There can nae thing be hid them frae; + For gif men wald + Their houses hald, + Then wax they bald + To burn and slay. + + They thieves hae near hand herrit hail, + Ettrick Forest and Lauderdale; + Now are they gane + To Lothiane, + And spares nane + That they will wail. + + Bot common taking of blackmail, + They that had flesh, and bread, and ale, + Now are sae wrackit, + Made bare and naikit, + Fain to be slaikit, + With water caill. + + They thieves that steals and turses[67] hame, + Ilk ane o' them has ane to-name, + Will i' the Laws, + Hab o' the Shaws, + To mak bare wa's + They think nae shame. + + They spulyie puir men o' their packs, + They leave them nocht on bed or balks,[68] + Baith hen and cock, + With reel and rock, + The Laird's jock, + All with him taks. + + They leave not spindle, spoon, nor speit, + Bed, blanket, bolster, sark, nor sheet, + John o' the Park + Rypes kist and ark; + For all sic wark + He is richt meet. + + He is weel kenned, Jock o' the Syde-- + A greater thief did never ride; + He never tires + For to break byres; + O'er muir and mires, + Ower guid ane guid. + + Of stouth though now they come guid speed, + That nother of God or man has dread; + Yet or I dee, + Some shall them see + Hing on a tree, + While they be dead." + + +It is evident from this graphic account that these "Liddesdale limmers" +were not particular as to their booty. They carried off everything that +came to hand, on the principle, perhaps, that if they had no particular +use for some of the things they appropriated, they were at least leaving +their enemies poorer than when they found them. We read of one John Foster +of Heathpool, servant to Sir John Foster, complaining of John Elliot of +the Heughehouse, Clement Croser, "Martin's Clemye," John Croser, "Eddie's +John," Gib Foster of Fowlesheiles, &c., to the number of thirty, "who +stole six oxen, 6 kye, 4 young nowte, ane horse, a nag, a sword, a steil +cap, a dagger and knives, 2 spears, 2 dublets, 2 pair of breeches, a +cloke, a jerkyne, a woman's kertle and a pair of sleaves, 9 kerchers, 7 +railes, 7 partlettes, 5 pair of line(n) sheitis, 2 coverlettes; 2 lynne +sheits; a purs and 6/- in monie; a woman's purs and 2 silke rybbons; a +windinge clothe; a feather bed; a cawdron, a panne, 4 bond of hempe, a +pair of wool cards, 4 children's coates, &c., &c."[69] + +The list of goods here "appropriated" by John Elliot and his friends is an +interesting one, as it shows "that all was fish that came to their +net"--not even the "winding cloth" being discarded when ransacking the +house. We also find an account of one Robert Rutherford of Todlaw +producing a "remission for art and part of the theft of certain cuschies +of silk, sheits, fustiane, linen cloths, scarfs, fustiane, scarfs, and +other clothes, furth of the Kirk of Jedworthe--Robert Turnbull of +Blindhalche becoming surety to satisfy parties."[70] Sacrilege was of +frequent occurrence. We also find the following entry in +Pitcairn:--"Remission to Edward Tayt, for the thiftwise breking of the +Kirk of Hendirland, and takin away of certaine guids, gold and silver, fra +Sir Wilzeame Jurdane." This happened in the year 1493, which points to the +fact that at that date the church of Henderland, which stood on the +rounded eminence near Henderland farm house, where "Perys and Marjorie +Cockburn" have found their last resting place, was then in existence. This +place of worship must have disappeared about the time of the Reformation. + +These items of information, curious though they may appear, must not be +regarded as abnormal instances of the rapacity of the Liddesdale thieves, +or "limmers"--to use the designation of an old Act of the Scottish +Parliament. They simply denote ordinary incidents of Border reiving. +"Kist" and "ark" were made to yield up their treasures. "Insight gear" +included everything to be found within the four walls of the house. The +very children were sometimes carried off! When the thieves had completed +their task those whom they had plundered were occasionally left in a state +of absolute destitution. They might congratulate themselves when they +were able to keep their clothes on their backs! Some, indeed, were not so +fortunate; and, after an encounter with the thieves, were compelled to +face the rigour of a severe climate with an exceedingly primitive outfit. + +It is interesting to find that the clan system prevailed on the Borders, +especially in the south-west portion of the district. In Liddesdale, in +the district known as the Debateable land, and along the shores of the +Solway, the inhabitants were grouped into clans, many of them numerous and +powerful. According to Skene, "the word clan signifies children or +descendants, and the clan name thus implies that the members of it are, or +were supposed to be, descended from a common ancestor or eponymus, and +they were distinguished from each other by their patronymics, the use of +surnames in the proper sense of the term being unknown among them. These +patronymics, in the case of the _Caenncine_, or chief, and the +_Ceanntighs_, or heads of the smaller septs, indicated their descent from +the founder of the race or sept; those of the members of it who were of +the kin of the Chief or Chieftain showed the personal relation; while the +commonality of the clan simply used a derivative form of the name of the +clan, implying merely that they belonged to it."[71] + +This form of government, so essentially patriarchal in its nature, is at +once the most simple and universal. It is derived from the most primitive +idea of authority exercised by a father over his family. Among nations of +a Celtic origin this system was universal. Indeed, it is generally held +that it is a system peculiar to Celtic tribes. How it came to be +established on the Borders is a question which is not easily solved. Sir +Walter Scott is of opinion that the system was originally derived from the +inhabitants of the western portion of Valentia, who remained unsubdued by +the Saxons, and by those of Reged, and the modern Cumberland. He says that +the system was not so universal on the eastern part of the Marches, or on +the opposite Borders of England. There were many families of distinction +who exercised the same feudal and territorial authority that was possessed +by other landlords throughout England. But in the dales of Rede and Tyne, +as well as in the neighbouring county of Cumberland, the ancient custom of +clanship prevailed, and consequently the inhabitants of those districts +acted less under the direction of their landlords than under that of the +principal men of their name.[72] + +It is important that this fact should be kept steadily in mind, as the +mode of government, of living, and of making war, adopted by the Borderers +on both sides, seems to have been in great measure the consequence of the +prevailing system of clanship. + +It is the simplest of all possible systems of government. The Chief was +not only the legislator and captain and father of the tribe, but it was to +him that each individual of the name looked up for advice, subsistance, +protection, and revenge. + +In "Skene's Acts of Parliament" a Roll of the Border clans is given, from +which it would appear that there were SEVENTEEN distinct septs, or +families, mostly in the south-western portion of the Scottish Borders. The +_Middle March_ was inhabited by Elliots, Armstrongs, Nicksons, and +Crosiers. The _West March_ by Scotts, Beatisons, Littles, Thomsones, +Glendinnings, Irvinges, Belles, Carrutherses, Grahams, Johnstones, +Jardines, Moffettes, and Latimers. These clans are described as having +"Captaines, Chieftaines, quhome on they depend, oft-times against the +willes of their Landislordes." "Ilk ane o' them," according to Maitland, +had a to-name, or _nickname_, as it is commonly called now-a-days. This +was a matter of necessity, as otherwise it would have been exceedingly +difficult to distinguish the different members of the sept. These to-names +are often suggestive and amusing, as most of them are based on some +physical or moral peculiarity. In the year 1583 Thomas Musgrave sent an +interesting letter to Burghley, Chancellor to Queen Elizabeth, in which he +gives a list of the Armstrongs and Elliots. "I understand," he says, "that +your lordship is not well acquainted with the names of the waters, and +the dwelling places of the riders and ill-doers both of England and +Scotland.... May it please, therefore, your lordship to understand, that +the ryver Lyddal is a fayre ryver, and hath her course doun by Lyddisdall, +so as the dale hath the name of the ryver.... I shall therefore set downe +the Ellottes of the head of Lyddall as my skyll will afforde, that your +lordship may know the better when their deeds shall come in question. The +Ellotes of Lyddisdall:--Robin Ellot of the Redheugh, Chiefe of the +Ellottes; Will Ellot of Harskarth his brother; Gebbe Ellot his brother; +Adam Ellot of the Shaws; Arche Ellot called Fyre the brayes; Gybbe Ellot +of the Shawes; Gorth Simson; Martin Ellot called Rytchis Martin. All these +are Robin Ellotes brethren, or his men that are daly at his commandement. +The grayne of the Ellotes called the Barneheedes:--Joke Ellot called Halfe +loges. The grayne of the Ellottes of the Bark:--Sims Johne Ellot of the +Park; Will Ellot, gray Willie; Hobbe Ellot called Scotes Hobbe; Johne +Ellot of the Park; Jem Ellote called gray Wills Jeme; Hobbe Ellot called +Hobbs Hobbe. The grayne of Martin Ellot of Bradley:--Gowan Ellot called +the Clarke; Hobbe Ellot his brother; Arche Ellot his brother; Joke Ellot +called Copshawe; John Ellot of Thornesope; Will Ellot of the Steele; Dand +Ellot of the Brandley; John Ellot of the same; Seme Ellot of Hardin. All +theise Ellots and manie more of them are at Robin Ellot's commandment and +dwell betwixt the Armstrongs in Lyddisdall and Whethough town--fewe of +them marryed with Englishe women." Then follows a long list of the +"Armstrongs of Mangerton," and of the "Howse of Whetaughe Towre." Some of +the names in the list are amusingly suggestive--"Seme Armestronge lord of +Mangerton marryed John Foster's daughter of Kyrshopefoot; Joke Armestronge +called the "lord's Joke" dwelleth under Dennyshill besides Kyrsope in +Denisborne, and married Anton Armestrong's daughter of Wylyare in +Gilsland; Johne Armestronge called "the lordes Johne," marryet Rytche +Grayme's sister.... Thomas Armestrong called "the lordes Tome."... Runyon +Armestrong called "the lordes Runyon."... Thom Armestronge Sims Thom, +marryed Wat Storyes daughter of Eske, called Wat of the Hare ends."[73] + +We also read of "Thomas Abye," "Gawins Will," "Red Andrew," "Bangtale," +"Ould Hector of Harlaw," "Stowlugs," "Cokespoole," "Skinabake," "Carhand," +"Hob the Tailor," "Redneb," &c. + +Among the Elliots we find such to-names as "Long John," "John the Child," +"John Cull the spade," "Bessie's Wife's Riche," "Robin the Bastard of +Glenvoren," &c. One of the family of Nixon was known as "Ill Drooned +Geordie," a name which seems to indicate that the person who bore it had +had at one time or another a narrow escape from what perhaps was his +righteous doom. "Wynking Will,"[74] "Wry-Crag," "David the Leddy," and +"Hob the King," are sufficiently explicit. + +These are a fair sample of the _to-names_ by which the thieves of +Liddesdale were distinguished. It must be admitted, however, that many of +them are not quite so respectable as those given, and would hardly admit +of reproduction in a modern book. The men to whom they were assigned must +have been regarded, one would naturally suppose, as utterly disreputable +characters, even by those who associated with them in the invidious +calling to which they were devoted. + +It is probable that the men of Liddesdale were to a certain extent +corrupted by their propinquity to the lawless hordes which inhabited the +Debateable land. This was a tract of country lying between the Esk and the +Sark, of some fifty or sixty square miles in extent, which was regarded as +belonging neither to the one kingdom nor the other. Here the "Genius of +Misrule," for many generations, held all but undisputed sway. The Graemes, +Littles, and Bells, and other "broken men" of equally unenviable +reputation, found in this district a convenient centre for conducting +their marauding exploits. It was a matter of no moment to them whether +their victims belonged to the one country or the other. They were as +destitute of patriotism as of the other virtues. When they were hard +driven by the English, they claimed the protection of the Scottish warden; +and when he in his turn had accounts to settle with them, they appealed to +his English rival in office to shield them from vengeance. In this way +they often succeeded in escaping the punishment due to their misdeeds, +where others, less happily circumstanced, would have been speedily +compelled to "underlie the law." In course of time this state of matters +became intolerable, and it was resolved by the Scottish Council in the +year 1552 that this district should be divided, the one part to be placed +under the jurisdiction of England, the other under that of Scotland. +Accordingly, a Commission, on which were representatives of both nations, +was appointed to settle, if possible, this long-standing difficulty. These +commissioners were allowed the utmost freedom of judgment in fixing upon a +proper boundary line, as both governments were agreed that minor +difficulties, as to the extent of territory to be allocated to the one +country or the other, should not be allowed to stand in the way. The final +decision was not so easily arrived at as might, in the circumstances, have +been expected. The Scots drew the line considerably to the south, the +English to the north, of the boundary finally agreed upon. After +considerable discussion, a line was ultimately fixed which satisfied both +parties, and a turf dyke was built, stretching from the Sark to the Esk, +which is still known as the Scots Dyke. + +This was an important step. The boundary was finally settled. The wardens +knew the precise limits to which their power and authority extended, and +were thus in a position to discharge the duties of their office with more +assured certainty of success. But, as might have been anticipated, the +fixing of a boundary line did not eradicate, or even to any great extent +restrain, the thieving propensities of the lawless inhabitants of this +district. The Debateable land continued to nourish "ane great company of +thieves and traitores, to the great hurt and skaith of the honest lieges" +as in times by-past. But a good beginning had been made in fixing the +boundaries, and in course of time more favourable results ensued. + +It would be unwarrantable to assert that the Liddesdale thieves attained +their unenviable notoriety entirely owing to their intimate association +with the fierce banditti to whom reference has been made. The Armstrongs +and Elliotts needed no encouragement in the carrying on of their nefarious +business of plunder. They were evidently heartily in love with their +calling, and were never happier than when engaged in a marauding +expedition. But apart from the fact that "evil communications corrupt good +manners," the near neighbourhood of the Debateable land constituted an +indirect incentive to crime. In the great deer forests of the Highlands +there are what are called "sanctuaries," or places to which the deer may +resort to escape the huntsman. We are told that when they are disturbed on +the mountains, they at once make for the protected area, where they know +they are safe from pursuit. The Debateable land constituted for +generations just such a "sanctuary," or place of refuge for Border +thieves. Here they were comparatively safe. The district formed a little +kingdom by itself. Within this region the law was comparatively powerless. + +But we find that the "Liddesdale limmers" were occasionally driven to bay +in the most effectual manner. Sir Robert Cary on one occasion gave them a +salutary lesson, which they did not soon forget. The Armstrongs +especially, a powerful and turbulent clan, had long carried things with a +high hand on the English Border, burning, despoiling, and slaying to their +hearts' content. This state of matters had at last become intolerable, and +Cary determined to have it out with them. He called the gentlemen of the +neighbourhood together, and acquainted them with the miseries which had +been brought upon the people by the rapacity and cruelty of the +Liddesdale thieves. They advised him to apply to the Queen and Council for +assistance, but this he was unwilling to do, as he thought he was quite +able, with the resources at his command, to effectually suppress the +lawless horde which had wrought such havoc within his wardenry. He +says:--"I told them my intention what I meant to do, which was, 'that +myself, with my two deputies, and the forty horse that I was allowed, +would, with what speed we could, make ourselves ready to go up to the +wastes, and there we would entrench ourselves, and lie as near as we could +to the outlaws; and, if there were any brave spirits among them, that +would go with us, they should be very welcome, and fare and lie as well as +myself: and I did not doubt before the summer ended to do something that +should abate the pride of these outlaws.'" With this comparatively small +force he set out for Liddesdale. He built a fort on a hill in the +immediate vicinity of Tarras moss, into which the thieves, when they +learned of his approach, had fled for refuge. Here Cary and his men stayed +from the middle of June till near the end of August. The country people +supplied him with provisions, being well paid for anything they brought to +him. "The chief outlaws," he says, "at our coming, fled their houses where +they dwelt, and betook themselves to a large and great forest, (with all +their goods,) which was called the Tarras. It was of that strength, and +so surrounded with bog and marsh grounds, and thick bushes and shrubs, as +they feared not the force nor power of England or Scotland, so long as +they were there. They sent me word, that I was like the first puff of a +haggis, hottest at the first, and bade me stay there as long as the +weather would give me leave. They would stay in the Tarras-wood, till I +was weary of lying in the waste; and when I had had my time, and they no +whit the worse, they would play their parts, which should keep me waking +next winter. Those gentlemen of the country that came not with me, were of +the same mind; for they knew, (or thought at least,) that my force was not +sufficient to withstand the fury of the outlaws. The time I stayed at the +fort I was not idle, but cast, by all means I could, how to take them in +the great strength they were in. I found a means to send a hundred and +fifty horsemen into Scotland, (conveighed by a muffled man, not known to +any of the company,) thirty miles within Scotland; and the business was so +carried, that none in the country took any alarm at this passage. They +were quietly brought to the backside of the Tarras, to Scotland-ward. +There they divided themselves into three parts, and took up three passages +which the outlaws made themselves secure of, if from England side they +should at any time be put at. They had their scouts on the tops of hills, +on the English side, to give them warning if at any time any power of men +should come to surprise them. The three ambushes were safely laid, without +being discovered, and, about four o'clock in the morning, there were three +hundred horse, and a thousand foot, that came directly to the place where +the scouts lay. They gave the alarm; our men broke down as fast as they +could into the wood. The outlaws thought themselves safe, assuring +themselves at any time to escape; but they were so strongly set upon on +the English side, as they were forced to leave their goods, and to betake +themselves to their passages towards Scotland. There was presently five +taken of the principal of them. The rest, seeing themselves, as they +thought, betrayed, retired into the thick woods and bogs, that our men +durst not follow them, for fear of losing themselves. The principal of the +five, that were taken, were two of the eldest sons of Sim of Whittram. +These five they brought me to the fort, and a number of goods, both of +sheep and kine, which satisfied most part of the country, that they had +stolen them from.... + +Thus God blessed me in bringing this great trouble to so quiet an end; we +broke up our fort, and every man retired to his own house."[75] + +Judging from this account, one is led to suppose that the force which Cary +had at his command was comparatively small. He tells us that he took a +list of those that offered to go with him, and found that with his +officers, gentlemen, and servants there would be about two hundred good +men and horse; a competent number he thought for such a service. But we +find in a letter which he sent to Cecil that he speaks of having "a 1000 +horse and foot."[76] But whatever may have been the strength of the forces +at his command, it is quite certain that, on this occasion at least, he +proved himself more than a match for the "Lewd Liddesdales." + +The tradition of this famous raid, which was long preserved in the +district, differs considerably from the account here given. "The people of +Liddesdale have retained," says the editor of the "Border Minstrelsy," +"the remembrance of _Cary's raid_," as they call it. "They tell that, +while he was besieging the outlaws in the Tarras, they contrived, by ways +known only to themselves, to send a party into England, who plundered the +warden's lands. On their return, they sent Cary one of his own cows, +telling him that, fearing he might fall short of provisions during his +visit to Scotland, they had taken the precaution of sending him some +English beef." + +The anecdote is worth preserving, as it indicates how anxious the +Liddesdale reivers were to forget one of the most unpleasant episodes in +their history, or at least to make their discomfiture appear in as +favourable a light as possible. + + + + +X. + +AFTER THE HUNTING. + + "_Efter the hunting the King hanged Johnie Armstrong._" + + PITSCOTTIE. + + + "Here is ane cord baith grit and lang, + Quhilk hangit Johne Armstrang, + Of gude hempt soft and sound, + Gude haly pepil, I stand ford, + Whaevir beis hangit wi' this cord, + Neidis never to be drowned!" + + SIR DAVID LINDSAY. + + +We have already seen that the Armstrongs were a numerous and powerful +clan, and that for a considerable period they had been known on the +Borders as "notour thieves and limmers." They levied blackmail over a wide +district, and appropriated whatever came readiest to hand with a sublime +indifference either to neighbourhood or nationality. + + "They stole the beeves that made them broth + From Scotland and from England both." + + +King James V. having succeeded in shaking himself free from the tyranny of +the Douglasses, resolved that he would "daunton" the Border thieves, by +making them feel the weight of his sword. He made an excellent beginning. +He imprisoned the Earls of Bothwell and Home, Lord Maxwell Scott, Ker of +Ferniherst, Scott of Buccleuch, Polworth, Johnston, and Mark Ker.[77] It +must have been quite evident to the young King, and his counsellors, that +so long as these Chiefs were at liberty it would be a bootless errand to +proceed against those who owned them allegiance. The ringleaders must +first of all be disposed of, and so they were put in ward, there to await +his Majesty's pleasure. This measure was not devised, as some suppose, for +the purpose of crushing the nobility. It is absurd to infer that James, a +youth of seventeen, had projected a deep political plan of this nature. +The outrages which these men had committed during his minority had excited +his lively resentment, and he was determined that they should no longer +maintain bands of lawless followers at the public expense. This necessary +measure for the pacification of the Borders was wisely devised, and +promptly executed, and must have produced a deep impression, if not a +wholesome fear, in the minds of those whom it was intended to influence. + +It was in the month of June, 1529, that James set out for Meggatdale, +accompanied by eight thousand men, lords, barons, freeholders, and +gentlemen, all well armed, and carrying with them a month's provisions. +The King commanded all gentlemen that had "doggis that were guid" to +bring them with them to hunt "in the said bounds." The Earls of Huntley, +Argyle, and Athol, brought their deerhounds with them, and hunted with his +Majesty. They came to Meggat, near St. Mary's Loch, and, during their +short stay in this district, eighteen score of deer were slain. + +The tradition is that on this occasion the King captured William Cockburn +of Henderland, a famous freebooter, and hanged him over his own gate. It +is quite certain, however, that in regard to this matter the tradition is +unreliable. In "Pitcairn's Criminal Trials" we find it stated, under date +May 26th--nearly a month before the King left Edinburgh--that "William +Cockburne of Henderland was convicted (in presence of the King) of High +Treason committed by him, in bringing Alexander Forrestare and his son, +Englishmen, to the plundering of Archibald Somervile: And for treasonably +bringing certain Englishmen to the lands of Glenquhome: And for Common +Theft, Common Reset of Theft, outputting and inputting thereof.--Sentence. +For which causes and crimes he has forfeited his life, lands, and goods, +moveable and immoveable, which shall be escheated to the +King.--Beheaded."[78] Such is the brief but authentic record. It +establishes beyond controversy the fact that Cockburn was apprehended, and +tried, before the King had left Edinburgh on his famous expedition. The +tradition that he was hanged over his own gate, must therefore be set +aside. + +The Cockburns were an old and well-known family. One of the Scotts of +Buccleuch married a daughter of the house, which, on the principle of +heredity, may help to explain the well-known reiving propensities of some +branches of this famous clan. In "Pitcairn's Criminal Trials," where so +much of the ancient history of the great Border families may be read, if +not with pleasure, at least not without profit, mention is made of various +Cockburns who distinguished themselves as daring and successful +freebooters. In the old churchyard of Henderland there is still to be seen +a large slab bearing the inscription--"Here lyis Perys of Cockburne and +Hys wife Marjory." There is no date on the tombstone, but the likelihood +is that this "Perys of Cockburne" was a descendant of the William Cockburn +whose fate we have just mentioned. + +But the most interesting tradition in connection with this family relates +to the well-known ballad, "The Border Widow's Lament," one of the most +beautiful, and certainly the most pathetic, of all the Border ballads. It +has been supposed to describe the feelings of Cockburn's widow when her +husband was put to death by the King. + + "My love he built me a bonnie bower, + And clad it a' wi' lilye flour, + A brawer bower ye ne'er did see, + Than my true love he built for me. + + There came a man, by middle day, + He spied his sport, and went away; + And brought the King that very night, + Who brake my bower, and slew my knight. + + He slew my knight, to me sae dear; + He slew my knight, and poin'd his gear; + My servants all for life did flee, + And left me in extremitie. + + I sew'd his sheet, making my mane; + I watch'd the corpse, myself alane; + I watch'd his body, night and day; + No living creature came that way. + + I took his body on my back, + And whiles I gaed, and whiles I sat; + I digg'd a grave, and laid him in, + And happ'd him with the sod sae green. + + But think na ye my heart was sair, + When I laid the moul' on his yellow hair; + O think na ye my heart was wae, + When I turned about, awa' to gae? + + Nae living man I'll love again, + Since that my lovely knight is slain; + Wi' yae lock o' his yellow hair, + I'll chain my heart for evermair." + + +This exquisite ballad has probably no connection with Cockburn of +Henderland,--we feel strongly convinced it has not,--but it is none the +less interesting, as it is a composition which can well afford to be +regarded apart altogether from its traditional associations. + +There is another tradition which it may be as well to notice in passing. +It is said that, after hanging Cockburn, the King proceeded to Tushielaw +to deal in like manner with Adam Scott, well known on the Borders as "The +King of Thieves." His castle stood on the spur of a hill opposite the +Rankleburn, on the west side of the river Ettrick, commanding a wide +out-look in almost every direction. Near it was the famous "Hanging Tree," +which was accidentally destroyed by fire only a few years ago, where the +unlucky captives of this noted outlaw were unceremoniously suspended in +order to prevent their giving further annoyance. It is said that, on one +of the branches, a deep groove was worn by the swaying to and fro of the +fatal rope. It would have been most fitting had this cruel marauder been +put to death where so many of his victims ended their career. But in this +instance the tradition, that this actually happened, has been proved to be +without any foundation in fact. We find in "Pitcairn" an account of Adam +Scott's trial and execution in Edinburgh. On the 18th May, 1529--just two +days after Cockburn had "justified the law"--"Adam Scott of Tuschilaw was +Convicted of art and part of theftuously taking _Black-maill_, from the +time of his entry within the Castle of Edinburgh, in Ward, from John +Brown, Hoprow: And of art and part of theftuously taking _Black-maill_ +from Andrew Thorbrand and William, his brother: And of art and part of +theftuously taking of _Black-maill_ from the poor Tenants of Hopcailzow: +And of art and part of theftuously taking _Blackmaill_, from the poor +Tenants of Eschescheill." Then follows the significant +word--"Beheaded."[79] + +The King, therefore, when he passed the castle of Tushielaw with his +retinue, on his way to Teviotdale to meet Johnie Armstrong, must have had +the satisfaction of knowing that Adam Scott had gone "where the wicked +cease from troubling." + +He had sent a loving letter, written with "his ain hand sae tenderly," to +the laird of Gilnockie, requesting him to meet his "liege lord" at a place +called Carlenrig on the Teviot, some nine miles above Hawick. Various +accounts have been given by historians, both ancient and modern, as to the +means adopted by the King to bring about Armstrong's capture and +execution. Leslie, for example, informs us that "all this summer the King +took great care to pacify the Borders with a great army, and caused +forty-eight of the most noble thieves, with Johnie Armstrong, their +captain, to be taken and hanged on growing trees." He says that "George +Armstrong, brother of the said Johnie, was pardoned and reserved alive, +_to tell on the rest_, which he did, and in course of time they were +apprehended by the King, and punished according to their deserts."[80] +Pinkerton, who evidently bases his account largely on the information +supplied by Leslie, enters more fully into particulars. He alleges that +"by the assistance of George, his brother, who was pardoned on condition +of betraying the others, John Armstrong, the chief of the name, whose +robberies had elevated him to opulence and power, was captured and +suffered the fate of a felon."[81] These statements, definite though they +are, ought not to be lightly accepted, as the strongest reasons may be +advanced against this supposition. In the first place, we ought to +remember that, however many sins and shortcomings the Border reivers may +be accused of, breach of faith can hardly be reckoned one of them. +"Hector's Cloak" was a phrase of peculiar opprobrium. It was regarded as +the symbol of meanness and perfidy. That this one instance of betrayal +should have been so long remembered, and so thoroughly detested, is an +unmistakable indication that the Border thieves, bad as they were in many +respects, were not without a high sense of honour in matters of this kind. +It is hardly conceivable, therefore, that Armstrong's brother could have +been guilty of his betrayal. Strong proof would require to be forthcoming +in support of such a statement; and this is precisely what the historians +do not give us. + +But there are other and more cogent arguments against this view. George +Armstrong was under no necessity of betraying his brother in order to save +himself. He could easily have escaped had he been minded to do so. The +King's authority did not extend beyond the Scottish Border. It is morally +certain, had Armstrong and his friends ever suspected that James would +have treated them as he did, they would either have taken refuge in their +own strongholds and defied him, or crossed the Border into England, where +they would have been comparatively safe from pursuit. That they did +neither, but voluntarily came before the King, is strong evidence in +favour of the supposition that they were enticed by fair promises to place +themselves within his power. The very fact that Armstrong neither sought +nor obtained a safe conduct goes to prove that he had the most implicit +confidence in the clemency, if not the goodwill, of his sovereign. There +was no betrayal on the part of anyone, save the King himself. This is +clearly brought to view in the peculiarly graphic and fascinating account +which "Pitscottie" has given of this memorable incident. He says:--"Efter +this hunting the King hanged Johnie Armstrong, laird of Gilnockie, quhilk +monie Scottis man heavilie lamented, for he was ane doubtit man, and als +guid are chiftane as ever was upon the borderis, aither of Scotland or of +England. And albeit he was ane lous leivand man, and sustained the number +of xxiiij. weill horsed able gentlemen with him, yitt he nevir molested no +Scottis man. Bot it is said, from the Scottis border to Newcastle of +England, thair was not ane of quhatsoevir estate bot payed to this John +Armstrong ane tribut to be frie of his cumber, he was sae doubtit in +England. So when he entred in befoir the King, he cam verie reverentlie, +with his foresaid number verie richlie apparrelled, trusting, that in +respect he had cum to the Kingis grace willinglie and voluntarilie, not +being tain nor apprehendit be the King, he sould obtaine the mair favour. +Bot when the King saw him and his men so gorgeous in their apparrell, and +so many braw men under ane tirrantis commandement, throwardlie, he turned +about his face, and bad tak that tirrant out of his sight, saying, 'Quhat +wantis yon knave that a King should have.' But when Johnie Armstronge +perceaved that the King kindled in ane furie againes him, and had no hope +of his lyff, notwithstanding of many great and fair offeris, quhilk he +offerred to the King, that is, that he sould sustene himself with fourtie +gentlemen, ever readie to awaitt upon his majestie's service, and never +tak a pennie of Scotland, nor Scottis man. Secondlie, that there was not +ane subject in England, duik, earle, lorde, or barrun, bot within ane +certane day he sould bring ony of them to his majesty, either quick or +dead. He seing no hope of the Kingis favour towards him, said verrie +proudlie, 'I am bot ane fooll to seik grace at ane graceles face. But had +I knawin, sir, that ye wad have taken my lyff this day, I sould have leved +upon the borderis in disphyte of King Harie and yow baith; for I knaw King +Harie wold doun weigh my best hors with gold to knaw that I were +condemned to die this day.' So he was led to the scaffold, and he and his +men hanged. This being done, the King returned to Edinburgh, the xxiiij. +day of July, and remained meikle of that winter in Edinburgh."[82] + +This interesting and picturesque account is corroborated by another +historian, who says: "On the eighth of June the principalls of all the +surnames of the clannes on the Borders came to the King upon hope of a +proclamation proclaimed in the King's name that they sould all get their +lyves, if they would come in and submit themselves to the King's will, and +so upon this hope Johnie Armstrang, who keipit the castle of Langhame (a +brother of the laird of Mangerton's, a great thieff and oppressor, and one +that keiped still with him four-and-twenty well-horsed men), came to the +King, and another called Ill Will Armstrong, another stark thieff, with +sundrie of the Scotts and Elliotts, came all forward to the campe where +the King was in hopes to get their pardons. But no sooner did the King +persave them, an that they were cum afarre off, when direction was given +presentlie to enclose them round about, the which was done accordinglie, +and were all apprehendit, to the number of threttie fyve persons, and at a +place called Carlaverocke[83] Cheapell, were all committed to the +gallowes. One Sandy Scot, a prowd thieff, was brunt because it was provin +that he haid brunt a pure widowes house, together with sum of her +children. The English people were exceeding glade when they understood +that John Armstrang was executed, for he did great robberies and stealing +in England, menteaning 24 men in houshold evorie day upon rieff and +oppression. The rest delyvered pledges for their good demeanare in tymes +to cum."[84] + +There can be little doubt that Armstrong was cruelly betrayed, not by his +brother, but by the King--a circumstance which seriously reflects on his +honour and good name. + +The suggestion has been made that this expedition against the laird of +Gilnockie was undertaken by James at the instigation of Lord Maxwell, who +was then a ward in Edinburgh. It is certainly a somewhat suspicious +circumstance that three days after Armstrong's execution Maxwell received +from the King the gift of all the property, moveable and immoveable, which +pertained to "umquhill Johne Armstrang, bruther to Thomas Armstrang of +Mayngerton, and now perteining to our souverane lord be reason of eschete +throw justefying of the said umquhill Johnie to the deid for thift +committed be him."[85] + +As might be expected, when all the circumstances were taken into +consideration, the execution of Armstrong and his followers produced a +profound sensation, and a deep and bitter feeling of resentment. It was +long believed by the peasantry of the district that, to mark the injustice +of the deed, the trees on which they were hanged, withered away. On purely +abstract grounds it may be argued that Armstrong and his men richly +deserved the punishment meted out to them, but this fact does not +exonerate the King from the charge of treachery and deceit which has +justly been brought against him. The measures he adopted to capture the +quarry were unworthy of a puissant monarch with eight thousand well armed +men under his command. He might well have paid more respect to the +principles of honour and fair play. + +It is interesting to find that the version of Armstrong's capture and +execution given in the famous ballad agrees substantially with the +accounts of Pitscottie and Anderson. There, we are told, that the King +sent a "loving letter" to Armstrong, inviting him to a conference. + + The King he wrytes a luving letter, + With his ain hand sae tenderly, + And he hath sent it to Johnie Armstrang, + To cum and speik with him speedily. + + +This communication evidently excited no suspicion, and extensive +preparations were at once made to extend to his Majesty a kind and hearty +welcome. It was even hoped that he might be induced to dine at Gilnockie! + + The Eliots and Armstrangs did convene; + They were a gallant cumpanie-- + "We'll ride and meet our lawful King, + And bring him safe to Gilnockie. + + "Make kinnen[86] and capon ready, then, + And venison in great plentie; + We'll welcum here our royal King; + I hope he'll dine at Gilnockie!" + + They ran their horse on the Langholme howm, + And brak their spears wi' mickle main; + The ladies lukit frae their lofty windows-- + "God bring our men weel hame again!" + + When Johnie cam before the King, + Wi' a' his men sae brave to see, + The King he movit his bonnet to him; + He ween'd he was a King as well as he. + +According to the balladist, it would seem that Armstrong's ruin was +brought about by the princely style in which he appeared before his +sovereign. The King, highly displeased, turned away his head, and +exclaimed-- + + "Away, away, thou traitor strang! + Out o' my sight soon mayst thou be! + I grantit never a traitor's life, + And now I'll not begin wi' thee." + +This unexpected outburst of indignation led Armstrong at once to realise +the perilous position in which he found himself placed. He now felt that, +if his life was to be spared, he must use every means in his power to +move the King to clemency. Consequently he promised to give him +"four-and-twenty milk white steeds," with as much good English gold "as +four of their braid backs dow[87] bear;" "four-and-twenty ganging mills," +and "four-and-twenty sisters' sons" to fight for him; but all these +tempting offers were refused with disdain. As a last resource, he said-- + + "Grant me my life, my liege, my King! + And a brave gift I'll gie to thee-- + All between here and Newcastle town + Sall pay their yeirly rent to thee." + +This was no idle boast. So powerful had Armstrong become that, it is said, +he levied black-mail--(which is only another form of the word +"_black-meal_," so-called from the conditions under which it was +exacted)--over the greater part of Northumberland. But even the prospect +of increasing his revenue by accepting this tribute was not sufficient to +turn the King aside from his purpose. He was bent on Armstrong's +destruction, a fact which now became painfully evident to the eloquent and +generous suppliant. Enraged at the baseness of the King, he turned upon +him and gave vent to the pent up feelings of his heart-- + + "Ye lied, ye lied, now King," he says, + "Altho' a King and Prince ye be! + For I've luved naething in my life, + I weel dare say it, but honesty-- + + "Save a fat horse, and fair woman, + Twa bonny dogs to kill a deir, + But England suld have found me meal and mault, + Gif I had lived this hundred yeir! + + "She suld have found me meal and mault, + And beef and mutton in a' plentie; + But never a Scots wyfe could have said, + That e'er I skaith'd her a puir flee. + + "To seik het water beneith cauld ice, + Surely it is a greit folie-- + I have asked grace at a graceless face, + But there is nane for my men and me![88] + + "But had I kenn'd ere I cam frae hame, + How thou unkind wadst been to me! + I wad have keepit the Border side, + In spite of all thy force and thee. + + "Wist England's King that I was ta'en, + O gin a blythe man he wad be! + For anes I slew his sister's son, + And on his briest bane brak a trie." + +The balladist then proceeds to give a minute description of the dress worn +by the redoubtable freebooter on this occasion--of his girdle, embroidered +and bespangled with gold, and his hat, with its nine targets or tassels, +each worth three hundred pounds. All that he needed to make him a king was +"the sword of honour and the crown." But nothing can now avail. + + "Farewell! my bonny Gilnock hall, + Where on Esk side thou standest stout! + Gif I had lived but seven yeirs mair, + I wad hae gilt thee round about." + + John murdered was at Carlinrigg, + And all his gallant companie; + But Scotland's heart was ne'er sae wae, + To see sae mony brave men die. + + +It was a foul deed, foully done. The King was no doubt determined, as it +is said, to "make the rush bush keep the cow," and perhaps to a certain +extent he succeeded, as some time after this, Andrew Bell kept ten +thousand sheep in Ettrick Forest, and they were as safe as if they had +been pasturing in Fife or the Lothians. But the murder of Armstrong in no +way daunted the other members of that notable clan. Many of them took +refuge on the English side of the Border, and for years waged a successful +predatory warfare against their _quondam_ Scottish neighbours. In 1535, +for example, we find that "Christopher Armstrong, Archibald his son, +Ingram Armstrong, Railtoun, Robert and Archibald Armstrong there, John +Elwald, called _Lewis John_, William, son of Alexander Elwald, and Robert +Carutheris, servants to the laird of Mangerton; John Forrestare, called +_Schaikbuklar_, Ninian Gray his servant, Thomas Armstrong in Greneschelis, +_Lang Penman_, servant of one called _Dikkis Will_. Thomas Armstrong of +Mangerton, and Symeon Armstrong, called _Sim the Larde_" and several +others, were denounced rebels, and their whole goods escheated for not +underlying the law for having stolen from John Cockburn of Ormiston +seventy "drawand oxen" and thirty cows; and for art and part of +traitorously taking and carrying off three men-servants of the said John, +being the keepers of the said castle, and "detaining them against their +will for a certain space;" and further "for art and part of the Stouthreif +from them of their clothes, whingars, purses and certain money +therein."[89] Indeed the depredations of the clan after the execution of +Gilnockie were on the most extensive scale. On the 21st February, 1536, +Symon Armstrong was "convicted of art and part of the theft and +concealment of two oxen from the laird of Ormistone, furth of the lands of +Craik, and a black mare from Robert Scott of Howpaslot, furth of the lands +of Wolcleuche; committed during the time he was in the King's ward, about +Lammas 1535. _Item_, of art and part of the theft and concealment of five +score of cows and oxen from the said laird of Ormistone, stolen furth of +the said lands of Craik; committed by _Evil-willit Sandie_, and his +accomplices, in company with Thomas Armstrong, _alias Greneschelis_, and +Robert Carutheris, servants of the said Symon, and certain Englishmen, at +his command, common Thieves and Traitors, on July 27, 1535. _Item_, of art +and part of the traitorous _Fire-raising_ and _Burning of the Town of +Howpaslot_; And of art and part of the Theft and Concealment the same time +of sixty cows and oxen belonging to Robert Scott of Howpaslot and his +servants; committed by Alexander Armstrong, in company with Robert +Henderson, _alias Cheyswame_,[90] Thomas Armstrong, _alias_ Grenescheles, +his servants, and their accomplices, common Thieves and Traitors, of his +causing and assistance, during the time he was within the King's ward, +upon October 28, 1535. _Item_, of art and part of the theft and +concealment of certain sheep from John Hope and John Hall, the King's +shepherds, furth of the lands of Braidlee in the Forest; committed during +the time he was within the said ward. _Item_, for art and part of the +treasonable assistance given to Alexander Armestrang, called _Evil-willit +Sandy_, a sworn Englishman, and sundry other Englishmen his accomplices, +of the names of Armestrangis, Niksounis, and Crosaris, in their +treasonable acts. SENTENCE--To be drawn to the gallows and HANGED +thereupon: And that he shall forfeit his life, lands, possessions, and all +his goods, moveable and immoveable, to the King, to be disposed of at his +pleasure."[91] In the following month John Armstrong, _alias Jony of +Gutterholes_, and Christopher Henderson were hanged for "Common Herschip +and Stouthreif, Murder and Fire-raising." These items give but a faint +idea of the extent to which the Armstrongs carried on their depredations. + +But, perhaps, a still more serious result of the unwise policy adopted by +James in his treatment of the Armstrongs, was the destruction of that +feeling of loyalty to the Scottish Crown, which had hitherto been, in some +measure at least, a characteristic of the Borderers. Henceforth not only +the Armstrongs, but many others besides, were ready to place their arms +and their lives at the service of the English government, and to take part +with their ancient foes in oppressing and despoiling their own countrymen. +In the battle of Ancrum Moor in 1546, there was a considerable contingent +of Scottish Borderers fighting under the standard of Lord Eure, and it was +only after the tide of war had turned in favour of the Scots that they +threw away the badge of foreign servitude and helped to complete the +victory. It maybe said that in acting thus they were moved simply by +considerations of personal advantage. Be this as it may, the incident +clearly shows that their attachment to King and country had been all but +completely destroyed. Had James acted with ordinary discretion and +foresight he might at once have secured the end he had in view, and at the +same time have won over to his side, and to the side of law and order, a +body of men whose crimes were due rather to the peculiarity of their +circumstances than to their own inherently evil dispositions. He had a +great opportunity, but he failed conspicuously to take advantage of it. He +learned, when it was too late, that force, when not wisely applied, may +produce greater evils than those it seeks to remedy. + + + + +XI. + +THE CORBIE'S NEST. + + "Where are ye gaun, ye mason lads, + Wi' a' your ladders, lang and hie?" + "We gang to berry a corbie's nest + That wons not far frae Woodhouselee." + + KINMONT WILLIE. + + +The incidents in the predatory warfare so long carried on by the dwellers +on both sides of the Border were not all of a painful or tragic character. +The spirit of fun sometimes predominated over the more selfish and +aggressive instincts. There was a grim kind of humour characteristic of +the Border reiver. He certainly was not disposed to laugh on the slightest +provocation,--his calling was much too serious for that,--but when he once +relaxed, his mirth was not easily controlled. And, however degrading his +occupation may have been in its general tendency, there was often +displayed among the Border thieves, even among the very worst of them, a +spirit of the most splendid heroism, which helps to redeem the system from +the general contempt in which it is regarded by the moralist of modern +times. Many of the leaders were not only men of undaunted courage, but of +considerable military genius. In a later age, under other and happier +conditions, they would have won renown on many a well-fought battlefield. +They possessed the qualities, physical and moral, of which great soldiers +are made. The Bold Buccleuch, Little Jock Elliot, Johnie Armstrong of +Gilnockie, and his kinsman, Willie of Kinmont--not to mention other names +which readily occur to the mind in this connection--were men dowered by +nature with great courage and resource. They were strong of arm and +dauntless of heart. We do not seek to justify their deeds. These were +reprehensible enough, judged by almost any standard you may apply to them. +But just as some people find it impossible to smother a certain sneaking +kind of admiration of the Devil, so magnificently delineated in Milton's +"Paradise Lost"--a being who seems possessed of almost every quality save +that of consecrating his varied endowment to worthy ends--so in like +manner it is difficult to withhold a certain meed of admiration for some +of the "nobil thieves" whose names stand out prominently in, if they +cannot always be said to adorn, this long chapter of Border history. They +were undoubtedly men of ability, energy, and force of character, who would +have won their spurs in almost any contest into which they had chosen to +enter. + +One of the most notable of this band was the famous Kinmont Willie, +renowned in Border song and story. He was an Armstrong, a descendant of +the laird of Gilnockie, whom James VI. put to death at Carlinrig in such +graceless fashion. He, like all his race, was a notorious freebooter. The +English Border, more especially the West and Middle Marches, suffered much +at his hands. He had a large and well armed following, and conducted his +marauding expeditions with an intrepidity and skill which created a +feeling of dismay among the subjects of his oppression. Nor did it matter +much to him where, or on whom, he raided. The King's treachery at +Carlinrig had destroyed--at least so far as the Armstrongs and their +friends were concerned--the last lingering spark of patriotism. Their hand +was now turned against every man, English and Scottish alike. They had +become pariahs, outcasts, whose only ambition was revenge. But bad as +Kinmont was, and his record is of the worst, it might be said of him, as +it was said of one of the greatest and best men Scotland has ever +produced, that "he never feared the face of man." He was always to the +front, dealing out hard blows; courting danger, but never dreaming of +defeat. He cared as little for the warden as for the meanest and most +defenceless subject of the realm. Scrope tells us, for example, that on +one occasion "certain goods were stolen by Scottish men from one of the +Johnstones, a kinsman of the laird Johnstone being warden, whereupon the +fray arose, and the warden himself, with his company and friends, pursued +the same. But Kinmont and his complices being in the way to resist them, +the warden and his company returned again to Annand, the which he taketh +in very yll parts."[92] + +It was no doubt a sore point with the warden that he should be thus +interfered with in this masterful fashion, and one can readily sympathise +with him in his chagrin. Such an incident shows that Kinmont and his +friends were in a position to set the constituted authorities at defiance, +and conduct their reiving "without let or hindrance." The warden, however, +was not altogether free from blame for this state of matters. He seems to +have given the thieves every encouragement as long as they confined their +depredations to the English Border. Scrope, in a letter to Walsingham, +informs him that "as well in the tyme of my being with you, as also synce +my return home, manye and almost nightlie attemptates have been committed +in Bewcastle and elsewhere within this wardenrie, as well by the +Liddesdales as also by the West Wardenrie of Scotland, specially Kinmont, +his sonnes and complices; who ... are nevertheless at their pleasure +conversaunte and in company with the warden, and no part reprehended for +their doynges." Hunsdon, another English warden, even goes the length of +suggesting that the King himself (James VI.) privately encouraged Kinmont +in his evil doing. He says that four hundred horse came to "Hawden +brigges," and took up the town and burned divers houses, whereat the King +was very angry, "because it was done there--for he would have had it to be +done in some part of my wardenry. Since the taking up of Hawden brigg, +Will of Kinmont, who was the principal man who was at it, hath been with +the King in his cabinet above an hour, and at his departure the King gave +him 100 crowns, as littell as he hath. What justis wee are to looke for +att the King's hands lett her Majestie judge!"[93] + +Thus encouraged by the warden and the King, it is not to be wondered at +that Kinmont should have thrown himself with great enthusiasm into the +work of harassing and plundering all who came within his power. + +But his name might have remained in comparative obscurity, notwithstanding +his depredations, had it not been for an extraordinary incident which +occurred, and for which he was in no way directly responsible. + +The dramatist has said that some men are born great, and that others have +greatness thrust upon them. We are not prepared to say that only the +latter part of the statement applies to the subject of our sketch, for, +despite his evil-doing, Kinmont was a man of much natural ability--ability +amounting almost to genius. But that he had "greatness thrust upon him" +will be readily conceded. His name will always remain associated with one +of the most thrilling incidents in Border history. The circumstance which +made him famous was this. He had been present at Dayholm, near +Kershopefoot, on the occasion of a day of truce, in the month of March, in +the year 1596. The business which called them together having been +finished, he was returning home, accompanied by a few of his friends, +along the banks of the Liddle, when he was suddenly attacked by a body of +two hundred English Borderers, led by Salkeld, the deputy of Lord Scrope, +the warden of the East March, chased for some miles, captured, tied to the +body of his horse and thus carried in triumph to Carlisle castle. + + They band his legs beneath the steed, + They tied his hands behind his back; + They guarded him, fivesome on each side, + And they brought him ower the Liddel-rack. + + They led him thro' the Liddel-rack, + And also through the Carlisle sands; + They brought him to Carlisle castell, + To be at my Lord Scrope's commands. + +This proceeding was clearly in direct violation of Border law, which +guaranteed freedom from molestation to all who might be present at a +warden court, or day of truce, betwixt sunrise on the one day and sunrise +on the next. We can easily understand the overmastering desire of the +warden's deputy to lay Kinmont "by the heels," as he had long been +notorious for his depredations on the English Border, but it is incumbent +on the representatives of the law that they should honour it in their own +persons, and, however many crimes might be laid to the charge of the +famous freebooter, he was justly entitled to enjoy the freedom, which a +wise legal provision had secured, even to the greatest offenders. The +excuse given by Scrope for this manifest breach of Border law is an +exceedingly lame one. He says:--"How Kinmont was taken will appear by the +attestations of his takers, which, if true, 'it is held that Kinmont did +thereby break the assurance that daye taken, and for his offences ought to +be delivered to the officer against whom he offended, to be punished +according to discretion.' Another reason for detaining him is his +notorious enmity to this office, and the many outrages lately done by his +followers. He appertains not to Buccleuch, but dwells out of his office, +and was also taken beyond the limits of his charge, so Buccleuch makes the +matter a mere pretext to defer justice, 'and do further indignities.'"[94] + +That Kinmont had broken the assurance taken at the warden court is an +assertion in support of which neither has "takers," nor Scrope give a +scintilla of proof. Had such a thing really happened, there surely would +have been no difficulty in establishing the fact; but this is not done, or +even attempted to be done, by those whose interest it was to prove the +accusation up to the hilt. The other reasons adduced for this +unwarrantable proceeding will not bear serious consideration. That Kinmont +bore no goodwill to Scrope or those associated with him in his office, may +be taken for granted; and that he and his friends and associates had been +guilty of many outrages on the English Border, goes without saying. But a +slight examination of the excuses will be sufficient to show that they are +mere subterfuges. The point in dispute is carefully left out of view by +the English warden. No doubt Kinmont richly deserved to suffer the utmost +penalty of the law on the ground of his misdemeanours; but he had been +present at the warden court, where he would never have gone had he not +felt sure that he was amply protected from arrest by the law to which we +have referred. It may be said that nearly every man present on that +occasion, irrespective of nationality, might have been apprehended on the +same general grounds. To use an expressive Scottish phrase--"they were all +tarred with the same stick." It was therefore a direct violation, not only +of the spirit, but of the letter of Border law, for Salkeld to take +Kinmont prisoner. Scrope was clearly in the wrong--a fact of which he +himself seems dimly conscious--as he displayed an amount of temper and +irritability in dealing with the case which seemed to indicate that he +felt the weakness of his position. On the other hand, the "rank reiver," +who had been thus suddenly and unceremoniously "clapped in jail," accepted +the situation with a singular amount of philosophical indifference. He +felt sure that the deed would not go unavenged, that his friends, and he +had many of them, would leave no stone unturned in order to effect his +release. The balladist finely represents him as saying-- + + My hands are tied, but my tongue is free, + And whae will dare this deed avow? + Or answer by the Border law? + Or answer to the bold Buccleuch? + + "Now haud thy tongue, thou rank reiver! + There's never a Scot shall set thee free; + Before ye cross my castle yate, + I vow ye shall take farewell o' me." + + "Fear na ye that, my lord," quo' Willie; + "By the faith o' my body, Lord Scroope," he said, + "I never yet lodged in hostelrie, + But I paid my lawing before I gaed." + +An account of what had happened was speedily conveyed to Branxholme, where +the Bold Buccleuch was residing. When he heard what had occurred he was +highly indignant. The picture drawn by the balladist is graphic in the +extreme. For intense realism it has rarely ever been surpassed-- + + He has ta'en the table wi' his hand, + He garr'd the red wine spring on hie-- + "Now Christ's curse on my head," he said, + But avenged on Lord Scroope I'll be! + + "O is my basnet a widow's curch? + Or my lance a wand o' the willow-tree? + Or my arm a ladye's lilye hand, + That an English lord should lightly me! + + "And have they ta'en him, Kinmont Willie, + Against the truce of Border tide? + And forgotten that the bauld Buccleuch + Is Keeper here on the Scottish side? + + "And have they e'en ta'en him, Kinmont Willie, + Withouten either dread or fear? + And forgotten that the bold Buccleuch + Can back a steed, or shake a spear? + + "O were there war between the lands, + As well I wot that there is none, + I would slight Carlisle castell high, + Though it were builded of marble stone. + + "I would set that castell in a low, + And sloken it with English blood! + There's never a man in Cumberland, + Should ken where Carlisle castell stood. + + "But since nae war's between the lands, + And there is peace, and peace should be; + I'll neither harm English lad or lass, + And yet the Kinmont freed shall be!" + +Before resorting to extreme measures Buccleuch did everything in his power +to bring about an amicable settlement of the case. He first of all applied +to Salkeld for redress; but Salkeld could only refer him to Lord Scrope, +who declared that Kinmont was such a notorious malefactor that he could +not release him without the express command of Queen Elizabeth. Buccleuch +then brought the matter under the consideration of James, who made an +application through an ambassador, for Kinmont's release; but this also +proved unavailing. + +It looked as if the imprisoned freebooter was likely to pay his "lodging +mail" in a very unpleasant fashion. The English government seemed +determined to detain him until such times as they could conveniently put a +period to his career by hanging him on Haribee hill. But Buccleuch, while +anxious to effect his purpose, if possible by constitutional means, was +determined that Kinmont should be rescued, whatever might be the method he +was under the necessity of adopting. To accomplish his purpose he was +prepared to "set the castle in a low, and sloken it with English blood." +This threat was regarded as a mere piece of bravado. The castle was +strongly garrisoned and well fortified. It was in the centre of a populous +and hostile city, and under the command of Scrope, who was regarded as one +of the bravest soldiers in England. The Bold Buccleuch, however, was not +easily daunted. He had a strong arm and a brave heart, and he knew that he +could summon to his aid a small band of followers as brave and resolute as +himself. On a dark tempestuous night, two hundred of his bravest followers +met him at the tower of Morton, a fortalice in the Debatable land, on the +water of Sark, some ten miles or so from Carlisle. Their plans had been +carefully considered and determined upon a day or two before, when they +had met at a horse race near Langholm. The Armstrongs, of course, were +ready to adventure their lives in such a laudable undertaking, and the +Graemes, to whom Will of Kinmont was related by marriage, were also forward +with promises of assistance. They were all well mounted-- + + With spur on heel, and splent on spauld, + And gleuves of green, and feathers blue-- + +and carried with them scaling ladders and crowbars, hand-picks and axes, +prepared to take the castle by storm. The rain had been falling heavily, +and the Esk and the Eden were in roaring flood, but boldly plunging +through their turbid waters they soon came within sight of the "Corbie's +Nest" which they had come to "herry," and-- + + The first o' men that we met wi', + Whae sould it be but fause Sakelde? + + "Where be ye gaun, ye hunters keen?" + Quo' fause Sakelde; "Come tell to me?" + "We go to hunt an English stag, + Has trespass'd on the Scots countrie." + + "Where be ye gaun, ye marshall men?" + Quo' fause Sakelde; "Come tell me true!" + "We go to catch a rank reiver, + Has broken faith wi' the bauld Buccleuch." + +But the troublesome questions of the "fause Sakelde" were speedily cut +short by the lance of Dickie of Dryhope, who led the band-- + + Then nevir a word had Dickie to say, + Sae he thrust the lance through his fause bodie. + +The way was now clear for the advance upon the castle. Everything seemed +favourable to the success of their hazardous undertaking. The heavens were +black as pitch, the thunder rolled loud and long, and the rain descended +in torrents-- + + "But 'twas wind and weet, and fire and sleet, + When we came beneath the castle wa'." + +When Buccleuch and his men reached the castle they were dismayed to find +that the ladders they had brought with them were too short; but finding a +postern they undermined it, and soon made a breach big enough for a +soldier to pass through. "In this way a dozen stout fellows passed into +the outer court (Buccleuch himself being fifth man who entered,) disarmed +and bound the watch, wrenched open the postern from the inside, and thus +admitting their companions, were masters of the place. Twenty-four +troopers now rushed to the castle jail, Buccleuch meantime keeping the +postern, forced the door of the chamber where Kinmont was confined, +carried him off in his irons, and sounding their trumpet, the signal +agreed on, were answered by loud shouts and the trumpet of Buccleuch, +whose troopers filled the base court. All was now terror and confusion, +both in town and castle. The alarum-bell rang and was answered by his +brazen brethren of the cathedral and the town house; the beacon blazed +upon the top of the great tower; and its red, uncertain glare on the +black sky and the shadowy forms and glancing armour of the Borderers, +rather increased the terror and their numbers. None could see their enemy +to tell their real strength."[95] + +The suddenness of the attack and the terrific noise made by Buccleuch and +his troopers as they laid siege to the castle, created confusion and +dismay amongst the defenders of the stronghold. Lord Scrope, with +commendable prudence, kept close within his chamber. He was convinced, as +he afterwards declared, that there were at least five hundred Scots in +possession of the castle. + +Kinmont, as he was borne triumphantly forth on the broad shoulders of Red +Rowan, shouted a lusty "good night," to his bewildered lordship. + + Then Red Rowan has hente him up + The starkest man in Teviotdale-- + "Abide, abide now, Red Rowan, + Till of my Lord Scroope I take farewell." + + "Farewell, farewell, my gude Lord Scroope! + My gude Lord Scroope, farewell he cried-- + I'll pay you for my lodging maill, + When first we meet on the Border side." + + Then shoulder high, with shout and cry, + We bore him down the ladder lang; + At every stride Red Rowan made, + I wot the Kinmont aims play'd clang! + + "O mony a time" quo' Kinmont Willie, + "I've prick'd a horse out oure the furs; + But since the day I back'd a steed, + I never wore sic cumbrous spurs!" + + +Having now successfully accomplished their purpose, Buccleuch and his men +moved off towards the place where they had left their horses, and in a +short time they were safely back on Scottish soil-- + + Buccleuch has turn'd to Eden Water, + Even where it flow'd frae bank to brim, + And he has plunged in wi' a' his band, + And safely swam them through the stream. + + He turn'd them on the other side, + And at Lord Scroope his glove flung he-- + "If ye like na my visit in merry England, + In fair Scotland come visit me." + +A cottage on the roadside between Longtown and Langholm, which stands +close to the Scotch Dyke, is still pointed out as the residence of the +smith who was employed, on this occasion, to knock off Kinmont Willie's +irons. It is said that when Buccleuch arrived he found the door locked, +the family in bed, and the knight of the hammer so sound a sleeper, that +he was only wakened by the Lord Warden thrusting his long spear through +the window, and nearly spitting both Vulcan and his lady. + +The rescue of Kinmont Willie--a most notable feat from whatever point of +view it may be regarded--made Buccleuch one of the most popular heroes of +the age. It was declared on all hands that nothing like it had been +accomplished since the days of Sir William Wallace. + +According to a statement made in the "Border Papers," Buccleuch was +assisted in effecting Kinmont's rescue by Walter Scott of Goldielands; +Walter Scott of Harden; Will Elliot of Gorronbye; John Elliot of +Copeshawe; the laird of Mangerton; the young laird of Whithaugh and his +son; three of the Calfhills, Jock, Bighames, and one Ally, a bastard; +Sandy Armstrong, son to Hebbye; Kinmont's Jock, Francie, Geordie, and +Sandy, all brethern, the sons of Kinmont; Willie Bell, "Redcloak," and two +of his brethren; Walter Bell of Goddesby; three brethren of Tweda, +Armstrongs; young John of the Hollows, and one of his brethren; Christie +of Barngleish and Roby of Langholm; the Chingles; Willie Kange and his +brethren with their "complices." + +The breaking of the castle, and the rescue of Kinmont, completely upset +the equanimity of my Lord Scrope. His indignation almost unmanned him. He +wrote a long letter to the Privy Council describing the circumstances, and +denouncing Buccleuch and his accomplices, in no measured terms. He +entreated the Council to induce her Majesty to call upon the King of +Scotland to deliver up Buccleuch "that he might receive such punishment as +her Majesty might find that the quality of his offence merited." He +assured their lordships that "if her Majesty shall give me leave it shall +cost me both life and living, rather than such an indignity to her +Highness, and contempt to myself, shall be tolerated." From the +subsequent correspondence on this subject, which was of a voluminous +nature, one can easily see that Scrope was more concerned about the +indignity to himself than the contempt which had been offered to her +Majesty. He seems to have found it more difficult than he at first +anticipated to move the government to take prompt and effective action. +Buccleuch, as may be readily supposed, had a good deal to say in his own +defence. He argued, and with considerable cogency, that Kinmont's capture +and imprisonment constituted a gross violation of Border law, and that he +had not made any attempt at his rescue until he had exhausted every other +means of accomplishing his purpose. He also pointed out that the +representations which he had made had been received with scant courtesy, +and that even the remonstrance of the King had been treated with contempt. +Further, he showed that his Borderers had committed no outrage either on +life or property, although they might have made Scrope and his garrison +prisoners, and sacked the city. + +These considerations ought to have weighed heavily in Buccleuch's favour, +but Elizabeth would listen to no excuses. She demanded his immediate +surrender. For a time James refused to comply, and was warmly supported by +the whole body of his council and barons, even the ministers of the Kirk +were strongly opposed to surrender. Had the King been able to act with as +much freedom as some of his predecessors, it is morally certain that this +demand would have been indignantly repelled, but in the circumstances he +had to proceed with caution, as he was afraid that resistance might lead +to unpleasant results. And so, bowing to the inevitable, Buccleuch was +surrendered--at least he was for a time put in ward in Blackness. + +The letter which Elizabeth addressed to James on this occasion is written +throughout in the most passionate language. It is evident that Her Majesty +had great difficulty in controlling her feelings. After soundly rating her +"Dear brother" on the attitude he had assumed, she says:--"Wherefore, for +fine, let this suffice you, that I am as evil treated by my named _friend_ +as I could be by my known _foe_. Shall any castle or habytacle of mine be +assailed by a night larcin, and shall not my confederate send the offender +to his due punishment? Shall a friend stick at that demand that he ought +rather to prevent? The law of kingly love would have said, nay: and not +for persuasion of such as never can or will stead you, but dishonour you +to keep their own rule, lay behind you such due regard of me, and in it of +yourself, who, as long as you use this trade, will be thought not of +yourself ought, but of conventions what they will. For, commissioners I +will never grant, for an act that he cannot deny that made; for what so +the cause be made, no cause should have done that. And when you with a +better weighed judgment shall consider, I am assured my answer shall be +more honourable and just; which I expect with more speed, as well for you +as for myself. + +For other doubtful and litigious causes in our Border, I will be ready to +point commissioners, if I shall find you needful; but for this matter of +so villainous a usage, assure you I will never be so answered, as hearers +shall need. In this and many other matters, I require your trust to our +ambassador, which faithfully will return them to me. Praying God for your +safe keeping. Your faithful and loving sister, E. R." + +Such plain speaking might not be relished by the Scottish King, but the +interests at stake were too great to enable him to disregard it. He was in +thorough sympathy with Buccleuch, but he dare not resist further, and so +pacified the angry Queen by yielding her demands. + + + + +XII. + +FLAGELLUM DEI. + + "Then out and spak the nobil King, + And round him cast a wilie ee-- + Now, had they tongue, Sir Walter Scott, + Nor speak of reif nor felonie: + For, had every honest man his awin kye, + A right puir clan thy name wad be!" + + BALLAD OF THE OUTLAW MURRAY. + + +While reflecting great credit on the prowess of the Bold Buccleuch, the +rescue of Kinmont Willie gave rise to many serious local as well as +international complications. As we have seen, the English Queen was deeply +offended. She resented the high-handed and arbitrary manner in which the +release of this famous prisoner had been effected. It constituted a gross +insult to the Crown, and she was determined that those responsible for the +deed should suffer for their temerity. The anger of Elizabeth was no +trifling matter under any circumstances, but to James, whose courage was +never a conspicuous quality, it was dreaded in the last degree. He simply +quailed before the storm, and hastened to tender his humble submission. +The Queen received his assurances of contrition with commendable +graciousness. Yet it would seem she was not quite satisfied. Buccleuch had +been put in ward, but he had not been, as was demanded, surrendered to the +English government, and satisfaction was apparently out of the question +until this condition had been complied with. She expostulated with James +on the impropriety of the course he had seen fit to adopt, and gave him an +interesting lecture on the manner in which he ought to discharge the +duties of his high office. "For the punishment given to the offender," she +says, "I render you many thanks; though I must confess, that without he be +rendered to ourself, or to our warden, we have not that we ought. And, +therefore, I beseech you, consider the greatness of my dishonour, and +measure his just delivery accordingly. Deal in this case like a king, that +will have all this realm and others adjoining see how justly and kindly +you both will and can use a prince of my quality; and let not any dare +persuade more for him than you shall think fit, whom it becomes to be +echoes to your actions, no judgers of what beseems you. + +For Border matters, they are so shameful and inhuman as it would loathe a +king's heart to think of them. I have borne for your quiet too long, even +murders committed by the hands of your own wardens, which, if they be +true, as I fear they be, I hope they shall well pay for such demerits, and +you will never endure such barbarous acts to be unrevenged. + +I will not molest you with other particularities; but will assure myself +that you will not easily be persuaded to overslip such enormities, and +will give both favourable ear to our ambassador, and speedy redress, with +due correction for such demeanour. Never think them mete to rule, that +guides without rule. + +Of me make this account, that in your world shall never be found a more +sincere affection, nor purer from guile, nor fuller fraught with truer +sincerity than mine; which will not harbour in my breast a wicked conceit +of you, without such great cause were given, as you yourself could hardly +deny; of which we may speed, I hope, _ad calendas Graecas_. + +I render millions of thanks for such advertisements as this bearer brought +from you; and see by that, you both weigh me and yourself in a right +balance; for who seeks to supplant one, looks next for the other." + +These wise and weighty admonitions were no doubt received in a becoming +spirit. But James was not prepared at once to comply with the demand that +Buccleuch should be handed over to the tender mercies of his enemies. +Buccleuch was a special favourite. He was disposed, therefore, to shield +him as long as he could conveniently do so, with any degree of safety to +himself and his own interests. Negotiations were carried on between the +two governments for a period of eighteen months, and everything might have +been amicably settled had the wardens, and others in authority, only +conducted themselves with a reasonable amount of discretion. Scrope, +especially was dying to be revenged on those who had subjected him to such +great indignity; and consequently, a few months after the castle of +Carlisle had been broken into by Buccleuch, he gathered together two +thousand men and marched into Liddesdale, where he and his followers +created great devastation. They burned, so the Scottish commissioners +allege, "24 onsettes of houses, and carried off all the goods within four +miles of bounds. They coupled the men their prisoners 'tua and tua +togeather in leashe like doggis. Of barnis and wemen, three or four +scoore, they stripped off their clothis and sarkis, leaving them naked in +that sort, exposit to the injurie of wind and weather, whereby nyne or +tenne infantes perished within eight daies thereafter.'" + +The answer of the English commissioners to this indictment indicates, at +least, the grounds on which Scrope regarded himself as justified in +undertaking this invasion of Liddesdale. The reasons adduced are +plausible, if not always convincing. "It is no novelty," they say, "but an +ancient custom, for the English warden to assist his opposite, and the +keeper of Liddesdale, to ride on and 'herrie' such thieves, and on +occasion to do so at his own hand.... Buccleuch, besides (1) surprising +the second fortress of the Queen's Border; (2) slaying 24 of her subjects, +including 16 of her soldiers; (3) has bound himself with all the notorious +riders in Liddesdale, Eskdale, and Ewesdale, and after asserting that he +paid 'out of his own purse' half of the sworn bill of Tyndale of L800, +which the King commanded him to answer, joined himself with the Ellotts +and Armstrongs, to plunder Tyndale for demanding the balance, slaying in +their own houses 7 of the Charletons and Dodds the chief claimants. And +being imprisoned by the King, he made a sporting time of it, hunting and +hawking, and on his release did worse than ever, maintaining his 'coosens' +Will of Hardskarth, Watt of Harden, &c., to murder, burn, and spoile as +before. + +The people under his charge, Ellotts, Armstrongs, Nicksons, &c., have of +late years murdered above 50 of the Queen's good subjects, many in their +own houses, on their lawful business at daytime--as 6 honest Allandale men +going to Hexham market, cut in pieces. For each of the last 10 years they +have spoiled the West and Middle Marches of L5000. In short, they are +intolerable, and redress being unattainable, though repeatedly demanded by +the Queen and warden, the justifiable reprisal ordered by her Majesty in +necessary defence of her own Border, cannot in equity be called an +invasion, but rather 'honourable and neighbourlike assistance,' to +maintain the inviolable amitie between the princes and realms, against +the proud violaters thereof in eyther nation.... To conclude--this action +of the Lord Scrope's is to be reputed and judged a 'pune,' an ancient +Border tearme, intending no other than a reprisall, which albeit of late +years her Majesty's peacable justice hath restrained." + +There is much in a name. This invasion of Liddesdale, resulting in the +burning of numerous homesteads, the slaughter of many women and children, +accompanied by barbarities of the most revolting description, is +euphoniously described by the commissioners as "honourable and +neighbourlike assistance." The women and bairns, who were led in leashes +like so many dogs, were no doubt duly grateful to my Lord Scrope and his +minions for their kindly attentions! The absurdity of such a verdict is +surely unique. + +It would appear that Buccleuch's enforced absence from the Borders, after +the taking of Carlisle castle, was of brief duration. He was soon back in +his old haunts, and at his old trade. What had happened in the interim was +not likely to enhance his feeling of regard for Scrope, and those who were +aiding and abetting him in this matter. He was determined to avenge the +cruel raid which had been made upon Liddesdale. Along with Sir Robert Ker +of Cessford, another renowned freebooter, he marched into Tynedale with +fifty horse and a hundred foot, burned at noonday three hundred onsteads +and dwelling houses; also barns, stables, ox houses, &c., to the number of +twenty; and murdered "with the sworde" fourteen who had been to Scotland, +and brought away their booty. The English warden was utterly helpless. He +dare not lift a finger to stay the progress of the invaders. He gave vent +to his feelings in a letter to Burghley, in which he says--"To defend such +like incursions, or rather invasions, with sorrow as formerly I declare to +your lordship the weak state of Tindale, for there was not 6 able horse to +follow the fray 'upon the shoute,' though in daytime, and where as +reported to me, there were 300 able foot, 'or better,' there was not a +hundred of this following, 'and those naked.' This piteous state increases +since my coming, and I cannot see how to amend it, leaving this to your +wisdom, 'wishing to God' I had never lived to serve where neither her +Majesty nor her officer is obeyed; fearing unless assisted by her +Majesty's forces, Tyndale will be laid waste as other parts of the March +are."[96] + +One cannot restrain a certain feeling of commiseration for the English +warden, who was so shamefully neglected by his government, and so +miserably supported in the discharge of his duties by those dwelling +within his wardenry. The complaint which Eure here makes is one which was +often made by the wardens on the English Border. They were frequently +left in a comparatively helpless condition, having neither men, horses, +nor money sufficient for their purposes. The knowledge of this fact no +doubt encouraged the Scots to pursue their nefarious calling with a +boldness and persistency, which, at first sight, appear somewhat +extraordinary. + +Buccleuch, when charged with the atrocities here so minutely described, +had a good deal to say in his own defence. He avowed that his inroad on +Tynedale was fully justified. He says--"60 English entered Liddesdale by +night, slew 2 men, and drove many sheep and cattle, when the fray arising, +he with neighbouring gentlemen 'followed the chace with the dog,' and put +the first men he met making resistance, to the sword. The rest of the +spoil, taken to sundry houses in Tindale, was therein held against him by +the stealers, and though he offered them life and goods, if the cattle +were delivered, he had to force entry by the firing of doors, when the +houses were burned 'besides his purpose,' with the obstinate people who +refused to yield on trust."[97] + +This plausible story, the main facts of which, however, are admitted by +the English warden, did not go far to pacify the Queen of England. She +threatened the utmost penalties unless Buccleuch and Ker were delivered +up to her. The time had gone past for further "excuses, deferrings, and +lingerings." It is said her resentment had reached such a pitch that, with +her concurrence, a plan was formed to _assassinate_ Buccleuch. + +Though the Queen had at first been opposed to the appointment of a +Commission for the consideration of some of the more important questions +which had arisen between the two kingdoms, owing mainly to Buccleuch's +exploits, she ultimately yielded the point, and it is an interesting and +significant fact that during the time of the sitting of the Commission +Buccleuch was busily engaged in ravaging with fire and sword some of the +fairest districts within the English Border. The magnitude of his offences +had evidently impressed them. They hardly knew what to say about him. In +the first paragraph of the report which they issued we read:--"We have +accomplished the treaty of the Border causes with all the diligence +possible, though not to so great advantage to the realm as we desired. Yet +we have revived articles of the former treaties discontinued, supplied +many old defects, and made new ordinances. Slaughters we were forced to +leave as they were (the Scots protesting that they could not, under their +instructions, deal with them); but we trust as the punishment is left to +the princes, her Majesty will so consider the same, that it shall be found +far better that we have left that article at large, than if we had +condiscended to any meane degree of correccion for so barbarous acts ... +specially by Baklugh, who is _flagellum Dei_ to his miserably distressed +and oppressed neighbours."[98] + +But, however distressing Buccleuch's conduct may have been to the English +members of the Commission, it is evident that neither King nor Council in +Scotland was disposed to regard him as a "scourge of God." He went up to +Edinburgh at this time, when things seemed to be going so much against him +in the Commission, and had an interview with James, and so obtained his +favourable countenance, that "they laughed a long time on the purpose." +The Council took an equally favourable view of the situation, affirming +that "it was found that his last invasion of England was just, for +'repetition' of goods stolen a short time before, and the slaughter was +but of special malefactors, enemies to the public weal and quiet of both +countries." + +Elizabeth, however, took a different view of the matter, and put her foot +down with such purpose and determination that James speedily became +convinced that he must either surrender his favourite, or involve the +country in a war with England. The latter alternative was out of the +question, as it might have imperilled his claim to the succession, and so +Buccleuch was compelled to place himself as a prisoner in the hands of +Sir William Bowes, who conducted him to Berwick, and put him in ward, +there to await the Queen's pleasure. Sir John Cary was then governor of +the town, and it was with much perturbation and many misgivings that he +undertook the safe custody of such a notorious and masterful captive. In a +pathetic letter which he addressed to Lord Hunsdon, he says--"I entreat +your lordship that I may not become the jailor of so dangerous a prisoner, +or, at least, that I may know whether I shall keep him like a prisoner or +no? for there is not a worse or more dangerous place in England to keep +him in than this; it is so near his friends, and besides, so many in this +town willing to pleasure him, and his escape may be so easily made; and +once out of the town he is past recovery. Wherefore I humbly beseech your +honor let him be removed from hence to a more secure place, 'for I protest +to the Almighty God, before I will take the charge to keep him here, I +will desire to be put in prison myself, and to have a keeper of me!' For +what care soever be had of him here, 'he shall want no furtherance +whatsoever wit of man can devise, if he himself list to make an escape.' +So I pray your lordship, 'even for God's sake and for the love of a +brother,' to relieve me from this danger."[99] + +This passionate appeal, to be relieved from the responsibility of taking +charge of Buccleuch, does not seem to have received much attention. +Buccleuch remained under Cary's guardianship, and, needless to say, proved +himself one of the most tractable of prisoners. He could not well have +acted otherwise, for he must by this time have become fully convinced that +Elizabeth was determined to have her way, and that, in the peculiar +circumstances in which the Scottish King was placed, he could ill afford +to thwart her wishes. Sir Robert Ker was also induced to place himself in +the hands of the English authorities. Strange to relate, he was placed in +charge of Sir Robert Cary, with whom he lived for a considerable time on +the most intimate and friendly terms. "Contrary to all men's +expectations," says Cary, "Sir Robert Car chose me for his guardian, and +home I brought him to my own house after he was delivered to me. I lodged +him as well as I could, and took order for his diet, and men to attend on +him; and sent him word, that (although by his harsh carriage towards me, +ever since I had that charge, he could not expect any favours, yet) +hearing so much goodness of him, that he never broke his word; if he would +give me his hand and credit to be a true prisoner, he would have no guard +set upon him, but would have free liberty for his friends in Scotland, to +have ingress and regress to him as often as he pleased. He took this very +kindly at my hands, accepted of my offer, and sent me thanks. + +Some four days passed; all which time his friends came unto him, and he +kept his chamber. Then he sent to me, and desired me I should come and +speak with him, which I did; and after long discourse, charging and +recharging one another with wrongs and injuries, at last, before our +parting, we became good friends, with great protestations on his side, +never to give me occasion of unkindness again. After our reconciliation, +he kept his chamber no longer, but dined and supped with me. I took him +abroad with me, at least thrice a-week, a-hunting, and every day we grew +better friends. Bocleugh, in a few days after, had his pledges delivered, +and was set at liberty. But Sir Robert Car could not get his, so that I +was commanded to carry him to York, and there to deliver him prisoner to +the archbishop, which accordingly I did. At our parting he professed great +love unto me for the kind usage I had shown him, and that I would find the +effects of it upon his delivery, which he hoped would be shortly."[100] + +Sir Robert Ker was as good as his word. After he had regained his freedom, +by the delivery of the pledges demanded, he returned to his duties as +warden of the East March, and seems to have conducted himself to the +entire satisfaction of his generous opponent. Cary says that they often +met afterwards at days of truce, and that he had as good justice as he +could have desired--their friendship remaining unbroken to the end. + +The fortunes of the "Bold Buccleuch," after his imprisonment in Berwick, +were of a varied, but by no means of an unpleasant character. He returned +to his duties as Keeper of Liddesdale, and applied himself with energy and +ability to the arduous task of keeping his unruly charge, as far as +possible, within due bounds of law. This was an almost impossible +undertaking, as the Armstrongs and Elliots and other "broken men" of the +district had been so long accustomed to a lawless life that they quickly +resented any interference with their liberty. The change which had come +over the spirit of Buccleuch's dream was not at all to their liking, and +consequently they turned against him, and assailed him with much +bitterness. He was "in contempt with them" because of his just dealing +with Cary. They would gladly have shaken off his yoke, and were privately +working for his overthrow, that they might have the "raynes louse" again. +But difficult as the task was, Buccleuch was not easily turned aside from +his purpose. He had evidently become convinced that a change of policy was +desirable in the interests of the country, and he was determined to carry +it out, however formidable might be the opposition with which he had to +contend. The fact is significant, and ought to be carefully borne in mind. +Buccleuch's indiscretions during the earlier part of his official life +were manifold, and severely reprehensible. The only defence which can be +offered in his behalf is, that he was placed in a position of great +responsibility before he was old enough to appreciate to the full extent +the consequences of his actions. His extreme youth, fiery temperament, and +fervid patriotism, account for many things in his life which otherwise +would be difficult either to explain or justify. But if he sinned greatly, +he also repented sincerely. It is really to him we owe the first impulse +in the social regeneration of the Borders. From 1597 onwards, he +contributed more towards the establishment of good order in the district +over which he presided--and it was infinitely the worst district in the +country--than any other man of his time. It may be said, indeed, that in +him many of the finest qualities of the Scottish Borderer came to full +fruition. He was brave, resolute, independent, quick to resent injuries, +but withal, warm-hearted and generous. We do not greatly wonder at the +large place he has filled in the traditional story of the country. His was +a powerful and fascinating personality, and though, from a national point +of view, the sphere of his activities was comparatively limited, his name +is not unworthy of being associated with some of the greatest names in +Scottish history. + +Towards the close of the year 1599 he went to London to make his peace +with the Queen. In a letter to Cecil, written by Sir Robert Cary, we have +striking testimony given of the change which had taken place in +Buccleuch's attitude towards the English government. "He will be +desirous," Cary says, "to kiss the Queen's hand: which favour of late he +hath very well deserved, for since my coming into these parts, I do assure +your honour he is the only man that hath run a direct course with me for +the maintenance of justice, and his performance hath been such as we have +great quietness with those under his charge. Nor have I wanted present +satisfaction for anything by his people: and he has had the like from me. +There is not an unsatisfied bill on either side between us."[101] + +Considering the terms of this letter, we are not surprised to learn that +the "Bold Buccleuch" was received at Court with considerable favour. If it +be true that Elizabeth at one time was privy to a plot to assassinate him, +she must surely have had some qualms of conscience when at last this +"stark reiver" stood before her. The scene is a memorable one. The Queen +demanded of him, with one of those lion-like glances which used to throw +the proudest nobles on their knees, how he dared to storm her castle, to +which the Border baron replied--"What, madam, is there that a brave man +may not dare?" The rejoinder pleased her; and, turning to her courtiers, +she exclaimed--"Give me a thousand such leaders, and I'll shake any throne +in Europe!" + + + + +XIII. + +MINIONS OF THE MOON. + + "Diana's Foresters, Gentlemen of the shade, + Minions of the Moon."--FALSTAFF. + + + "_Reparabit Cornua Phoebe._"--MOTTO: HARDEN FAMILY. + + + "The siller moon now glimmers pale; + But ere we've crossed fair Liddesdale, + She'll shine as brightlie as the bale + That warns the water hastilie. + + "O leeze me on her bonny light! + There's nought sae dear to Harden's sight: + Troth, gin she shone but ilka night, + Our clan might live right royallie." + + FEAST OF SPURS. + + +The more famous reivers whose names have been handed down in the +traditions, poetry, and history of the Scottish Border, are seldom +regarded with any very pronounced feelings of aversion. The Armstrongs, +Elliots, Graemes, Stories, Burneses, and Bells; the Scotts, Kers, Maxwells, +and Johnstones--whose depredations have been recorded with much fulness of +detail in the annals of the country, were no doubt quite as bad as they +have been described. They cannot be acquitted of grave moral +delinquencies, judged even by the standard of the age in which they lived. +But at this distance of time many are disposed to regard their +depredations and lawless life, if not with a kindly, at least with an +indulgent eye. It must be frankly admitted that there was an element of +genuine heroism in their lives, which goes far to redeem them from the +contempt with which, under other conditions, we would have been compelled +to regard them. What they did was, as a general rule, done openly, and +evidently with a certain sub-conscious feeling that their actions, if +rightly understood, were not altogether blame-worthy. Their reiving was +carried on under conditions which developed some of the best as well as +worst elements of their nature and manhood. The Border reiver, whatever he +was, can certainly not be described as cowardly. He carried his life in +his hands. He never knew when he went on a foraging expedition, whether he +might return. The enemy with which he had to contend was vigilant and +powerful. Before he could drive away the cattle, he had, first of all, to +settle accounts with the owner. He might be worsted in the encounter, and +instead of securing his booty, he might find himself a captive, with the +certainty of being strung up on the nearest tree, or drowned in some +convenient pool. Such incidents were of almost every day occurrence. +Reiving was therefore one of the most exciting and hazardous of +occupations, demanding on the part of those engaged in it, a strong arm +and a dauntless spirit. The burglar who sneaks up to a house while the +inmates are asleep, and plies his nefarious calling in silence and under +shade of night, and is ready to start off, leaving everything behind him, +the moment the alarm is raised, is a contemptible miscreant, for whom the +gallows is almost too mild a form of punishment. But the Border reiver was +made of different metal; was, indeed, a man of an essentially higher type. +He was prepared to fight for every hoof or horn he wished to secure. It +was a trial of skill, of strength, of resource, with the enemy. No doubt +he had occasionally to ride during the night, aided only by the mild rays +of the moon. The way was often long, the paths intricate, and the dangers +manifold; but he was also prepared, under the full blaze of the noonday +sun, to challenge those he had come to despoil, to protect and retain +their property if they could. It was open and undisguised warfare on a +miniature scale. This, of course, was not true of _all_ the reivers on the +Borders. Some of them were hardly worthy of their profession. There are +black sheep in every trade--men who represent the baser qualities of their +kind, and who bring discredit on their associates. + +In looking back over the long list of famous reivers there are many names +which, somehow or other, we are disposed to regard with a more or less +kindly feeling. This may be difficult to explain, but the fact is +undeniable. Perhaps the feeling is due, to a certain extent at least, to +the fact that, despite the mode of life adopted by these men, they +represented many really admirable qualities, both of intellect and heart. +Johnie Armstrong of Gilnockie, for example, was one of the most notorious +of the clan to which he belonged, and yet he was evidently regarded as a +great hero, who had been most shamefully treated by the King. It is also +interesting to find that he had a high opinion of himself. He prided +himself on his _honesty_. However much injury he had inflicted on the +unfortunate Englishmen, who had to bear the brunt of his onslaughts, it +gives him infinite pleasure and satisfaction to affirm that "he had never +skaithed a Scots wife a puir flee." It is possible, too, that his tragic +end may have something to do with the kindly feeling with which his memory +is cherished, though this in itself is not sufficient to account for the +place he occupies in the Valhalla of Border heroes. + +In the same way a halo of romance has gathered round the name of the "Bold +Buccleuch," whose spirit of chivalry has gone far to redeem his memory +from opprobrium. The penetrating eye of the English Queen was quick to +discern in him qualities of a high order which only required the proper +sphere for their development. He may well be regarded as a truly great +man who was compelled by the circumstances in which he found himself +placed, to devote his time and talents to tasks which were quite unworthy +of his genius. Hence, when the opportunity occurred, he speedily proved +himself not only a great leader of men, but a most potent factor in the +social and moral regeneration of the district with which he was so +intimately associated. + +But of all the Border reivers whose names have been handed down in song +and story, none is regarded with more kindly, we might almost say +affectionate interest, than that of "Auld Wat of Harden." For many years +he played an important part in Border affairs, and was always to the front +in harassing and despoiling the English. We have already noticed the +assistance he gave his near kinsman, the "Bold Buccleuch," in the assault +on Carlisle castle, when Kinmont Willie was so gallantly rescued from +imprisonment. But, four years prior to this event, in the year 1592, he +took part, under the leadership of Bothwell, in the famous "Raid of +Falkland," when the King was surprised in his Palace, and would have had +short shrift from the Borderers, had not timely warning been given him of +his danger. This escapade entailed on the laird of Harden somewhat serious +consequences. An order was issued by the King, with the consent of the +Lords of his Council, to demolish the _places, houses, and fortalices_ of +Harden and Dryhoip, pertaining to the said Walter Scott. The order runs +thus--"Apud Peiblis, xiij die mensis Julij, anno lxxxxij (1592)--The +Kingis Majestie, with aduise of the Lordis of his Secreit Counsale, Gevis +and grantis full pouer and Commission, expres bidding and charge, be thir +presentis, to his weil-belouitt Williame Stewart of Tracquair, to DIMOLEIS +and cause to be dimoleist and cassin doun to the ground, _the place and +houssis of_ TYNNEIS, quhilkis pertenit to James Stewart sumtyme of +Tynneis; as alswa, the lyke pouer and commissioun, expres bidding and +charge, to Walter Scott of Gouldielandis and Mr Iedeon Murray, conjunctlie +and seuerallie, to dimoleis and caus be dimoleist and cassin doun to the +ground, _the placeis, houssis, and fortalices of_ HARDEN _and_ DRYHOIP, +pertening to Walter Scott of Harden, quha, with the said James Steuart, +wes arte and parte of the lait tresonabill fact, perpetrat aganis his +hienes awin persone at Falkland: And that the foirsaidis personis caus the +premisses be putt in execution with all convenient expeditioun in signne +and taikin of the foirsaidis uthiris personis tressounable and unnaturall +defection and attemptat, committit be thame in manner foirsaid. As thay +will ansuer to his hienes upon thair obedience."[102] + +This was a severe blow to the laird of Harden, but he doubtless bore it +with that fine philosophical indifference for which he was distinguished. +The motto of the Harden family, "We'll hae moonlight again," breathes the +spirit of optimism, and indicates that the reverses of fortune were never +regarded as irreparable. Hope sprang eternal in the Harden breast! + +But Auld Wat was never disposed to linger unduly, even when courting the +smile of the capricious Goddess. He believed in himself, and relied mainly +for his good fortune on his own energy and skill. He was a man of the +world--keen, subtle, far-seeing, energetic--never allowing the grass to +grow under his feet. He believed in taking time by the forelock--in making +hay while the sun shone. Rarely did he ever miss a favourable opportunity +of increasing "his goods and gear." And his reiving was carried on in no +paltry or insignificant fashion. He was a man of large ideas, and he +carried them out on a splendid scale. For example, we find that in 1596 he +ran a day foray into Gilsland, and carried off "300 oxen and kye, a horse +and a nag." This was a large addition to make to his stock, and one cannot +help thinking that the "dell" in front of Harden castle, where he kept his +captured nowte, must have often been unduly crowded. But then it ought be +remembered that the demands on his hospitality were numerous and not +always easily met. He had a numerous body of retainers, as was befitting a +man of his position, who had to be kept in "horse meat and man's meat," +and having so many to provide for, his large herds often disappeared with +great rapidity. The result was that he was constantly under the necessity +of crossing the Border in order to replenish his stock. It is related that +on one occasion he overheard the town herd calling out to some one, as he +was passing, to "send out Wat o' Harden's coo." "Wat o' Harden's coo!" the +old reiver indignantly exclaimed, "My sang, I'll soon mak ye speak of Wat +o' Harden's kye," and so he at once gathered his forces, marched into +Northumberland, and before long he was seen on his way back driving before +him a big herd of cows and a basson'd bull. On his way he passed a large +sow-backed haystack. Turning round in his saddle and looking at it +wistfully, he said, in a regretful tone of voice, "If ye had four feet, ye +wadna stand long there!" + +It is perhaps to this successful foray that Lord Eure refers in a letter +addressed to Cecil under date July 15, 1596, in which he says:--"Watt +Ellatt, _alias_ Watt of Harden, with other East Tividale lairds had 300 or +400 able horsemen, laying an ambush of 300 or 400 foote, brake a day +forray a myle beneathe Bellinghame, spoiled the townes men in +Bellinghame, brake the crosse, toke all the cattell upp the water to the +number thre or fower hundred beastes at the leaste, hath slaine three men +of name and wounded one allmoste to deathe, fired noe houses. The fray +rose and being brought to me at Hexhame about ix(o) or x(o) houers in the +morning, I rose myself with my household servuantes, caused the beacons to +be fired and sent the fray eche way rounde aboute me, and yet could not +make the force of the countrie iiij{xx} horsemen and some six score +footmen. I followed with the horsemen within twoe or three myles of +Scotland, and except Mr Fenwick of Wellington, together with the Keaper of +Tindale, Mr Henry Bowes, ther was not one gentleman of the Marche to +accompanie me, or mett me at all; and when all our forces were togeither, +we could not make twoe hundredth horsse, nor above twoe hundredth +footmen.... With shame and greife I speake it' the Scottes went away +unfought withall."[103] + +It will thus be seen that within a few months this famous freebooter had +transferred from English soil some six or seven hundred head of cattle. No +doubt like his neighbours, who were engaged in the same precarious line of +business, he had many unsuccessful raids to recount, but he was certainly +one of the most wary and successful of the reivers on the Scottish side of +the Border. + +Sir Walter Scott, who was a descendant of Wat of Harden, has an +interesting note in his "Border Minstrelsy" regarding the family. "Of this +Border laird," he says, "commonly called _Auld Wat of Harden_, tradition +has preserved many anecdotes. He was married to Mary Scott, celebrated in +song by the title of 'The Flower of Yarrow.' By their marriage contract, +the father-in-law, Philip Scott of Dryhope, was to find Harden in horse +meat and man's meat at his Tower of Dryhope for a year and a day; but five +barons pledge themselves, that, at the expiry of that period, the +son-in-law should remove without attempting to continue in possession by +force! A notary-public signed for all the parties to the deed, none of +whom could write their names. The original is still in the charter-room of +the present Mr Scott of Harden. By 'The Flower of Yarrow' the Laird of +Harden had six sons; five of whom survived him, and founded the families +of Harden (now extinct), Highchesters (now representing Harden), Reaburn, +Wool, and Synton. The sixth son was slain at a fray, in a hunting match, +by the Scotts of Gilmanscleuch. His brothers flew to arms; but the old +laird secured them in the dungeon of his tower, hurried to Edinburgh, +stated the crime, and obtained a gift of the land of the offenders from +the Crown. He returned to Harden with equal speed, released his sons, and +showed them the charter. 'To horse, lads!' cried the savage warrior, 'and +let us take possession! The lands of Gilmanscleuch are well worth a dead +son.'" + +Hogg's description of "Auld Wat" as he set out for Edinburgh on this +occasion is humourously realistic: + + And he's awa' to Holyrood, + Amang our nobles a', + With bonnet lyke a girdle braid, + And hayre lyke Craighope snaw. + + His coat was of the forest green, + Wi' buttons lyke the moon; + His breeks were o' the guid buckskyne, + Wi' a' the hayre aboon. + + His twa hand sword hang round his back, + An' rattled at his heel; + The rowels of his silver spurs + Were of the Rippon steel; + + His hose were braced wi' chains o' airn, + An' round wi' tassels hung: + At ilka tramp o' Harden's heel, + The royal arches rung. + + * * * * + + Ane grant of all our lands sae fayre + The King to him has gien; + An' a' the Scotts o' Gilmanscleuch + Were outlawed ilka ane. + +But Harden's best fortune came to him with his wife--the far-famed "Flower +of Yarrow." + + This beautous flower, this rose of Yarrow, + In nature's garden has no marrow. + +So sang Allan Ramsay. And since his day the charms of "Yarrow's Rose" have +inspired many a more or less tuneful ode. But Mary Scott's beauty was, +after all, not her greatest gift. She was wise beyond most of her sex, +and skilful to a degree in the management of her husband. We find, for +example, that instead of remonstrating with him on his culpable negligence +in allowing the larder to become depleted, she quietly set before him when +he came to dinner a pair of clean spurs! The hint thus indirectly conveyed +was quite sufficient. Immediately her worthy spouse was in the saddle and +riding as fast as his nag could carry him towards the English fells. It is +interesting to know that the spurs that were thus suggestively served up +for dinner are still in the possession of the family, being carefully +preserved among Lord Polwarth's treasures at Mertoun House. + +But while Wat of Harden could look after his own interests, he was never +unmindful of the interests of others. When the Captain of Bewcastle came +over to Ettrick "to drive a prey," and carried off Jamie Telfer's kye, he +rendered splendid service in rescuing the herd from the hand of the +spoiler. Though Telfer, with "the tear rowing in his ee," pled with the +Captain to restore his property, he was only laughed at for his pains-- + + "The Captain turned him round and leugh, + Said--"Man, there's naething in thy house, + But ae auld sword without a sheath + That hardly now would fell a mouse." + +Telfer first of all applied for assistance at Stobs Ha', evidently +thinking that he had some special claim on "Gibby Elliot," but he was +unceremoniously turned from the door, and told to go to "Branksome" and +"seek his succour where he paid blackmail." When Buccleuch heard what had +taken place, he cried-- + + "Gar warn the water, braid and wide, + Gar warn it sune and hastilie! + They that winna ride for Telfer's kye, + Let them never look in the face o' me!" + + +Auld Wat and his sons having also been informed of the Captain's raid, +lost no time in getting out their steeds and hurrying after the English +reiver. Over the hills, down near the Ritterford on the Liddel, the melee +began. The Captain was determined to drive Jamie Telfer's kye into England +despite the opposition of the Scotts, but he was made to pay dearly for +his temerity.-- + + Then til't they gaed, wi' heart and hand, + The blows fell thick as bickering hail; + And mony a horse ran masterless, + And mony a comely cheek was pale. + +Willie Scott, the son of Buccleuch, was left dead on the field. When +Harden saw him stretched on the ground "he grat for very rage."-- + + "But he's ta'en aff his gude steel cap, + And thrice he's waved it in the air-- + The Dinlay snaw was ne'er mair white + Nor the lyart locks of Harden's hair. + + "Revenge! revenge!" Auld Wat 'gan cry; + "Fye, lads, lay on them cruellie! + We'll ne'er see Teviotside again, + Or Willie's death revenged sall be." + +The conflict was speedily ended. The Captain of Bewcastle was badly +wounded, and taken prisoner; his house was ransacked, his cattle driven +off, and Jamie Telfer returned to the "Fair Dodhead" with thirty-three +cows instead of ten.-- + + "When they cam' to the fair Dodhead, + They were a wellcum sight to see! + For instead of his ain ten milk kye, + Jamie Telfer has gotten thirty and three. + + And he has paid the rescue shot, + Baith wi' goud and white monie: + And at the burial o' Willie Scott, + I wat was mony a weeping ee." + + +The eldest son of Wat of Harden was destined to become as famous as his +father, though in a different way. He had evidently, from what we learn of +him, inherited all the reiving tendencies of his race. But the difficulty +of crossing the Border had been considerably increased. Buccleuch, the +Keeper of Liddesdale, had changed his tactics. He had now begun to use his +utmost endeavour to bring about a better understanding, and a better state +of feeling, between the two countries. Willie Scott no doubt realised that +a raid on the English Border, though successful, might now get the whole +family into serious trouble. But the kye "were rowting on the loan and the +lea," and something had to be done to augment the quickly vanishing herd. +He took into his confidence a farmer, who lived on the banks of the +Ettrick--William Hogg--well known as the "Wild Boar of Fauldshope." This +redoubtable reiver was a progenitor of the Ettrick Shepherd, whose family, +it is said, possessed the lands of Fauldshope, under the Scotts of Harden, +for a period of 400 years. He was a man of prodigious strength, courage, +and ferocity, and ever ready for the fray. For some reason or other he had +a strong antipathy to Sir Gideon Murray of Elibank, the picturesque ruins +of whose Castle may still be seen on the banks of the Tweed, a mile or two +above Ashiesteel. That young Harden could have no particular liking for +him is easily understood, as he was one of the men who had been +commissioned by the government to destroy Harden castle as a punishment +for the part taken by his father in the Raid of Falkland. Sir Gideon had a +splendid herd of cattle pasturing on the green slopes above the Tweed, and +so Willie Scott resolved, with the assistance of his powerful coadjutor, +to transfer as many of them as possible to his own pastures. The night was +set, the expedition was carefully planned, and fortune seemed to smile +upon the project. But-- + + The best laid schemes o' mice and men + Gang aft a glee. + +Some one was good enough to convey to Sir Gideon a hint of what was on +foot, and he at once took measures to give the thieves, when they came, a +warm reception. After a sharp encounter, Willie Scott was taken prisoner, +and thrown into the dungeon of the Castle, with his hands and feet +securely bound. He knew quite well the fate which awaited him on the +morrow. He would be led forth to the gallows, and there made to pay the +forfeit of his life. A better lot, however, was in store for him. A good +angel, in the person of Lady Murray, interfered on his behalf. She had +been anxiously considering how she could save his life. Her plans were +speedily formed, and in the morning she ventured to lay them before her +irate husband. As Hogg has humorously described the scene-- + + The lady o' Elibank raise wi' the dawn, + An' she waukened Auld Juden, an' to him did say,-- + "Pray, what will ye do wi' this gallant young man?" + "We'll hang him," quo Juden, "this very same day." + + "Wad ye hang sic a brisk an' gallant young heir, + An' has three hamely daughters aye suffering neglect? + Though laird o' the best of the forest sae fair, + He'll marry the warst for the sake o' his neck. + + "Despise not the lad for a perilous feat; + He's a friend will bestead you, and stand by you still; + The laird maun hae men, an' the men maun hae meat, + An' the meat maun be had be the danger what will." + + +The plan thus suggested seemed feasable. It might really be the wisest +course to pursue, at least so Sir Gideon was disposed to think, and no +time was lost in bringing the matter to an issue. Young Scott was at once +brought into the hall, the terms on which his life was to be spared were +briefly stated, and he was afforded an opportunity of seeing the young +lady whom fortune had thus strangely thrown in his way. One glance +sufficed. The features of Sir Gideon's daughter, known to fame as +"Muckle-mou'd Meg," were not attractive. The condemned culprit felt that +even the gallows was preferable to such an objectionable matrimonial +alliance. + + "Lead on to the gallows, then," Willie replied, + "I'm now in your power, and ye carry it high; + Nae daughter of yours shall e'er lie by my side; + A Scott, ye maun mind, counts it naething to die." + +These were brave words, bravely spoken. Sir Gideon, however, had made up +his mind as to the course he meant to pursue, and Willie Scott was at once +led forth to make his acquaintance with the "Hanging Tree." But when he +drew near and saw the fatal rope dangling in the wind, his courage began +to fail him. The prospect was far from inviting, and he pled for a few +days respite to think on his sins, "and balance the offer of freedom so +kind." But the old laird was inexorable. He simply said to him, "There is +the hangman, and there is the priest, make your choice." Thus driven to +bay, Willie saw that further parleying would not avail, and so he thought +he had better make the best of a bad business. As he thought over the +matter, he began to discover certain traits in the young lady's person and +character of a more or less pleasing description. He concluded that, +after all, he might do worse than wed with the daughter of Elibank.-- + + "What matter," quo' he, "though her nose it be lang, + For noses bring luck an' it's welcome that brings. + + There's something weel-faur'd in her soncy gray een, + But they're better than nane, and ane's life is sae sweet; + An' what though her mou' be the maist I hae seen, + Faith muckle-mou'd fok hae a luck for their meat." + + +Thus everything ended happily, and young Harden had cause to bless the day +he found himself at the mercy of Sir Gideon Murray of Elibank. Seldom, +indeed, has Border reiver been so beneficently punished! + + An' muckle guid bluid frae that union has flowed, + An' mony a brave fellow, an' mony a brave feat; + I darena just say they are a' muckle mou'd, + But they rather have still a guid luck for their meat. + + +Such is the tradition, as Hogg has given it in his humourous poem. It goes +without saying that the poet has embellished and enlarged the story to +suit his own purposes. But the tradition has generally been regarded as +having some considerable basis of fact. Satchells, in his History of the +Scotts, thus refers to Auld Wat of Harden and his famous son-- + + "The stout and valiant Walter Scott + Of Harden who can never die, + But live by fame to the tenth degree; + He became both able, strong, and stout, + Married Philip's daughter, squire of Dryhope, + Which was an ancient family, + And many broad lands enjoyed he; + Betwixt these Scotts was procreat, + That much renowned Sir William Scott, + I need not to explain his name, + Because he ever lives by fame; + He was a man of port and rank, + He married Sir Gideon Murray's daughter of Elibank." + + +The fortunes of other famous reivers have formed the theme of many a +stirring ballad. The so-called historical data on which many of these +ballads are professedly based, may often, no doubt, be truthfully +described as more imaginary than real, nevertheless the picture which the +balladist has drawn is often deeply interesting, and subserves an +important end by indicating the feeling with which these men and their +deeds were usually regarded. + +In a history of Border reiving such side-lights as the ballads afford may +be profitably utilized. + +Maitland, in his celebrated poem on the Thieves of Liddesdale, makes +allusion to a well known character who is known to fame as "Jock o' the +Syde." He was nephew to the "Laird of Mangerton," and cousin to the +"Laird's Ain Jock," and had all the enthusiasm of his race for the calling +to which the members of his clan seem to have devoted their somewhat +remarkable talents.-- + + He never tyris + For to brek byris + Our muir and myris + Ouir gude ane guide. + +It is said that he assisted the Earl of Westmoreland in his escape, after +his unfortunate insurrection with the Earl of Northumberland, in the +twelfth year of the reign of Queen Elizabeth. But according to the +balladist his career, on one occasion, had well nigh terminated +disastrously. In the company of some of his friends he had made a raid +into Northumberland. Here he was taken prisoner by the warden, and thrown +into jail at Newcastle, there to "bide his doom." He knew that he would +not have long to wait. Not much time was wasted in considering the various +items of the indictment, more especially when the accused was a well-known +thief. "Jeddart justice" was not confined to the small burgh on the +Scottish Border. It was as popular, at that time, in England as anywhere +else, as many a Scottish reiver has known to his cost. The friends of the +prisoner were fully aware that if he was to be saved from the gallows, not +one moment must be lost. A rescue party was speedily organized. The laird +of Mangerton, accompanied by a few friends--the Laird's Jock, the Laird's +Wat, and the famous Hobbie Noble (an Englishman who had been banished from +Bewcastle)--started off for Newcastle with all speed, determined to bring +the prisoner back with them, quick or dead. To allay suspicion and avoid +detection, they shod their horses "the wrang way"--putting the tip of the +shoe behind the frog--and arrayed themselves like country lads, or "corn +caugers[104] ga'en the road." When they reached Cholerford, near Hexham, +they alighted and cut a tree--"wi' the help o' the light o' the moon"--on +which were fifteen nogs or notches, by which they hoped "to scale the wa' +o' Newcastle toun." But, as so often happened in like circumstances, this +improvised ladder was "three ells too laigh." Such trifles, however, +rarely ever proved disconcerting. The bold reivers at once determined to +force the gate. A stout porter endeavoured to drive them back, but-- + + "His neck in twa the Armstrongs wrang; + Wi' fute or hand he ne'er played pa! + His life and his keys at once they hae ta'en, + And cast his body ahint the wa'." + + +The path being now clear they speedily made their way to the prison, where +they found their friend groaning under fifteen stones of Spanish iron +(nothing short of this would have availed to keep a stark Scottish reiver, +fed on oatmeal, within the confines of a prison cell), carried him off, +irons and all, set him on a horse, with both feet on one side, and rode +off with the fleetness of the wind in the direction of Liddesdale: + + "The night tho' wat, they didna mind, + But hied them on fu' merrilie, + Until they cam' to Cholerford brae, + Where the water ran like mountains hie." + + +Dashing into the stream they soon reached the opposite bank. The English, +who were in hot pursuit, when they reached the Tyne, which was rolling +along in glorious flood, durst not venture further. They were filled with +chagrin when they saw the prisoner, loaded as he was with fifteen stones +of good Spanish iron, safe on the other side. They had sustained a double +loss. The prisoner was gone, and he had taken his valuable iron chains +with him. The land-sergeant, or warden's officer, taking in the situation +at a glance, cried aloud-- + + "The prisoner take, + But leave the fetters, I pray, to me." + +To which polite request the Laird's ain Jock replied-- + + "I wat weel no, + I'll keep them a'; shoon to my mare they'll be, + My gude bay mare--for I am sure, + She bought them a' right dear frae thee." + + +No Liddesdale reiver was ever likely to part with anything in a hurry, +least of all to give it up to an Englishman. + +The Armstrongs, almost without exception, were noted thieves. They seem to +have possessed a rare genius for reiving. Their plans were generally so +well formed, and carried out with such a fine combination of daring and +cunning, that the "enemy" almost invariably came off "second best." One of +the last, and most noted of this reiving clan, was _William Armstrong_, a +lineal descendant of the famous Johnie of Gilnockie, who was known on the +Borders by the name of _Christie's Will_, to distinguish him from the +other members of his family and clan. He flourished during the reign of +Charles I., a circumstance which shows that moss-trooping did not +altogether cease at the union of the Crowns. It is related that, on one +occasion, Christie's Will had got into trouble, and was imprisoned in the +Tolbooth of Jedburgh. The Lord High Treasurer, the Earl of Traquair, who +was visiting in the district, was led to enquire as to the cause of his +confinement. The prisoner told him, with a pitiful expression of +countenance, that he had got into grief for stealing two _tethers_ +(halters). The eminent statesman was astonished to hear that such a +trivial offence had been so severely punished, and pressed him to say if +this was the only crime he had committed. He ultimately reluctantly +acknowledged that there were two _delicate colts_ at the end of them! This +bit of pleasantry pleased his lordship, and through his intercession the +culprit was released from his imprisonment. + +It was a fortunate thing for Lord Traquair that he acted as he did. A +short time afterwards he was glad to avail himself of the services of the +man whom he had thus been the means of setting at liberty. The story is +one of the most romantic on record, and amply justifies the adage that +"truth is stranger than fiction." A case, in which the Earl was deeply +interested, was pending in the Court of Session. It was believed that the +judgment would turn on the decision of the presiding judge, who has a +casting vote in the case of an equal division among his brethren. It was +known that the opinion of the president was unfavourable to Traquair; and +the point was, therefore, to keep him out of the way when the question +should be tried. In this dilemma the Earl had recourse to Christie's Will, +who at once offered his services to _kidnap_ the president. He discovered +that it was the judge's usual practice to take the air on horseback, on +the sands of Leith, without an attendant. One day he accosted the +president, and engaged him in conversation. His talk was so interesting +and amusing that he succeeded in decoying him into an unfrequented and +furzy common, called the Frigate Whins, where, riding suddenly up to him, +he pulled him from his horse, muffled him in a large cloak which he had +provided, and rode off with the luckless judge trussed up behind him. +Hurrying across country as fast as his horse could carry him, by paths +known only to persons of his description, he at last deposited his heavy +and terrified burden in an old castle in Annandale, called the Tower of +Graham. The judge's horse being found, it was concluded he had thrown his +rider into the sea; his friends went into mourning, and a successor was +appointed to his office. Meanwhile the disconsolate president had a sad +time of it in the vault of the castle. His food was handed to him through +an aperture in the wall, and never hearing the sound of human voice, save +when a shepherd called his dog, by the name of _Batty_, and when a female +domestic called upon _Maudge_, the cat. These, he concluded, were +invocations of spirits, for he held himself to be in the dungeon of a +sorcerer. The law suit having been decided in favour of Lord Traquair, +Christie's Will was directed to set the president at liberty, three months +having elapsed since he was so mysteriously spirited away from the sands +at Leith. Without speaking a single word, Will entered the vault in the +dead of night, again muffled up in the president's cloak, set him on a +horse, and rode off with him to the place where he had found him. The joy +of his friends, and the less agreeable surprise of his successor, may be +more easily imagined than described, when the judge appeared in court to +reclaim his office and honours. All embraced his own persuasion that he +had been spirited away by witchcraft; nor could he himself be convinced to +the contrary, until, many years afterwards, happening to travel in +Annandale, his ears were saluted once more with the sounds of _Maudge_ and +_Batty_--the only notes which had reached him during his long confinement. +This led to the discovery of the whole story, but in those disorderly +times it was only laughed at as a fair _ruse de guerre_.[105] + +The victim of this extraordinary stratagem was Sir Alexander Gibson, +better known as Lord Durie. He became a Lord of Session in 1621, and died +in 1646, so that the incident here related must have taken place betwixt +these periods. + +The version of this incident, given in the well, known ballad "Christie's +Will," if not so romantic as the foregoing, is certainly more amusing. The +balladist represents Lord Traquair as "sitting mournfullie," afraid lest +the vote of the Court of Session would make him bare at once of land and +living-- + + "But if auld Durie to heaven were flown, + Or if auld Durie to hell were gane, + Or ... if he could be but ten days stoun ... + My bonnie braid lands would still be my ain. + + +At this juncture Christie's Will offers his services-- + + "O, mony a time, my Lord," he said, + "I've stown the horse frae the sleeping loun; + But for you I'll steal a beast as braid, + For I'll steal Lord Durie frae Edinburgh toun." + + "O, mony a time, my Lord," he said, + "I've stown a kiss frae a sleeping wench; + But for you I'll do as kittle a deed, + For I'll steal an auld lurdane off the bench." + + He lighted at Lord Durie's door, + And there he knocked maist manfullie; + And up and spake Lord Durie sae stour, + "What tidings, thou stalwart groom, to me?" + + "The fairest lady in Teviotdale, + Has sent, maist reverent sir, for thee. + She pleas at the Session for her land a' hail, + And fain she would plead her cause to thee." + + "But how can I to that lady ride + With saving of my dignitie?" + "O a curch and mantle ye may wear, + And in my cloak ye sall muffled be." + + Wi' curch on head, and cloak ower face, + He mounted the judge on a palfrey fyne; + He rode away, a right round pace, + And Christie's Will held the bridle reyne. + + The Lothian Edge they were not o'er, + When they heard bugles bauldly ring, + And, hunting over Middleton Moor, + They met, I ween, our noble king. + + When Willie looked upon our king, + I wot a frightened man was he! + But ever auld Durie was startled more, + For tyning of his dignitie. + + The king he crossed himself, I wis, + When as the pair came riding bye-- + "An uglier croon, and a sturdier loon, + I think, were never seen with eye." + + Willie has hied to the tower of Graeme, + He took auld Durie on his back, + He shot him down to the dungeon deep, + Which garr'd his auld banes gae mony a crack. + + * * * * * + + The king has caused a bill be wrote, + And he has set it on the Tron-- + "He that will bring Lord Durie back + Shall have five hundred merks and one." + + Traquair has written a braid letter, + And he has seal'd it wi' his seal, + "Ye may let the auld Brock out o' the poke; + The land's my ain, and a's gane weel." + + O Will has mounted his bony black, + And to the tower of Graeme did trudge, + And once again, on his sturdy back, + Has he hente up the weary judge. + + He brought him to the Council stairs, + And there full loudly shouted he, + "Gie me my guerdon, my sovereign liege, + And take ye back your auld Durie!" + + +Important as this service was, it was not the only one that Christie's +Willie rendered to the Earl of Traquair. He was sent, on one occasion, +with important papers to Charles I., and received an answer to deliver, +which he was strictly charged to place in the hands of his patron. "But in +the meantime," says Sir Walter Scott, "his embassy had taken air, and +Cromwell had despatched orders to entrap him at Carlisle. Christie's Will, +unconscious of his danger, halted in the town to refresh his horse, and +then pursued his journey. But as soon as he began to pass the long, high, +and narrow bridge that crosses the Eden at Carlisle, either end of the +pass was occupied by parliamentary soldiers, who were lying in wait for +him. The Borderer disdained to resign his enterprise, even in these +desperate circumstances; and at once forming his resolution, spurred his +horse over the parapet. The river was in high flood. Will sunk--the +soldiers shouted--he emerged again, and, guiding his horse to a steep +bank, called the Stanners, or Stanhouse, endeavoured to land, but +ineffectually, owing to his heavy horseman's cloak, now drenched in water. +Will cut the loop, and the horse, feeling himself disembarrassed, made a +desperate exertion, and succeeded in gaining the bank. Our hero set off, +at full speed, pursued by the troopers, who had for a time stood +motionless in astonishment, at his temerity. Will, however, was well +mounted; and, having got the start, he kept it, menacing with his pistols, +any pursuer who seemed likely to gain on him--an artifice which succeeded, +although the arms were wet and useless. He was chased to the river Esk, +which he swam without hesitation, and, finding himself on Scottish ground, +and in the neighbourhood of friends, he turned on the northern bank, and +with the true spirit of the Borderer, invited his followers to come +through and drink with him. After this taunt he proceeded on his journey, +and faithfully accomplished his mission."[106] + +If Christie's Will may be regarded as the last Border freebooter of any +note, it is evident that the peculiar genius of the family to which he +belonged survived in full vigour to the end. + +But the last of the Armstrongs who paid the penalty of death for his +misdeeds was _Willie of Westburnflat_. It is said that a gentleman of +property, having lost twelve cows in one night, raised the country of +Teviotdale, and traced the robbers into Liddesdale, as far as the house of +Westburnflat. Fortunately, perhaps, for his pursuers, Willie was asleep +when they came, and consequently without much difficulty they secured him, +and nine of his friends. They were tried in Selkirk, and though the jury +did not discover any direct evidence against them to convict them of the +special fact, they did not hesitate to bring in a verdict of guilty, on +the ground of their general character as "notour thieves and limmers." +When sentence was pronounced, Willie sprang to his feet, and laying hold +of the oaken chair on which he had been sitting, broke it in pieces, and +called on his companions who were involved in the same doom, to stand +behind him and he would fight his way out of Selkirk with these weapons. +But, strange to relate, they held his hands, and besought him to let them +_die like Christians_. They were accordingly executed in due form of law. +This incident is said to have happened at the last circuit court held in +Selkirk.[107] + +Willie Armstrong, as he stood under the gallows-tree, might appropriately +have sung the lines composed by _Ringan's Sandi_, a relative of his own, +who was executed for the murder of Sir John Carmichael, the warden of the +Middle Marches-- + + This night is my departing night, + For here nae langer must I stay; + There's neither friend nor foe o' mine, + But wishes me away. + + What I have done through lack of wit, + I never, never can recall; + I hope ye're a' my friends as yet; + Good night, and joy be with you all! + + + + + +XIV. + +UNDER THE BAN. + + The Cardinal rose with a dignified look, + He called for his candle, his bell, and his book! + In holy anger, and pious grief, + He solemnly cursed that rascally thief! + He cursed him at board, he cursed him in bed; + From the sole of his foot to the crown of his head; + He cursed him in sleeping, that every night + He should dream of the devil, and wake in a fright; + He cursed him in eating, he cursed him in drinking, + He cursed him in coughing, in sneezing, in winking; + He cursed him in sitting, in standing, in lying; + He cursed him in walking, in riding, in flying; + He cursed him in living, he cursed him in dying! + Never was heard such a terrible curse! + But what gave rise to no little surprise, + Nobody seemed one penny the worse. + + THE JACKDAW OF RHEIMS. + + +As might be expected, the existence of such an extraordinary phenomenon as +Border reiving did not escape the attention of the Church. Such a peculiar +state of affairs could not be regarded with favour, or treated with +indifference. It may be said, no doubt, that the continued existence of +such an abnormally lawless and chaotic condition of society on the Borders +indicated that the ecclesiastical authorities were either singularly +inept, or reprehensibly careless. Why was some attempt not made long +before to curb the lawless spirit of the Border reivers? With the +exception of the "monition of cursing" by Gavin Dunbar, Archbishop of +Glasgow, little or nothing seems to have been done by the Church to stem +the tide of Border lawlessness. + +In dealing, however, with this phase of the question, there are several +considerations which ought to be borne in mind. First of all, it ought to +be remembered that while Border reiving was carried on with more or less +persistence for some hundreds of years it did not attain really portentous +dimensions till well on towards the close of the fifteenth century. Prior +to the time of the Jameses, the two countries may be said to have been +almost constantly at war. Invasion followed invasion, on the one side and +on the other, with a kind of periodic regularity. From the time of James +I., onwards to the union of the Crowns in 1603, such invasions, at least +on the same large and destructive scale, became less frequent; though, in +the intervals of peace, the Borderers kept themselves busy harassing and +despoiling each other. This period of comparative calm, it may be +remarked, is also synchronous with the decadence of Romanism. From the +time of Queen Margaret, of pious memory, to the death of Robert III., the +Romish Church enjoyed a period of signal prosperity. Abbeys and +monasteries, many of them buildings of great architectural beauty, were +erected in different parts of the country, and became important centres of +moral and religious authority and influence. Whatever opinion may be +entertained regarding Romanism, whether regarded from an ecclesiastical or +theological standpoint, the majority of fairly unprejudiced students will +be ready to admit that the system was, in many respects, admirably adapted +to the circumstances of the country at that particular stage of its +development. A strong hand was needed to curb and guide the lawless and +turbulent factions of which the nation was composed. It is more than +doubtful if, under any other ecclesiastical system--bad as things +were--the same beneficent results would have been attained. + +But powerful as the Romish Church was in the country, in the heyday of its +prosperity, it never attained the same undisputed sway in Scotland which +marked its history in other countries, especially on the Continent. The +reason of this is not difficult to discover, though it must be sought for +far back in the religious history of the people. The Celtic Church, +founded by St. Columba, was neither in doctrine nor polity exactly on +Roman Catholic lines. It sought in the East rather than in the West, in +Ephesus rather than Rome, its ideals of worship and doctrine. Romanism +succeeded in establishing itself only after a long and arduous struggle. +And when at last victory had been achieved, and the Church in Scotland +had been Romanized, it was discovered that while the form had changed, the +spirit of the older Church still survived, and when occasion arose, made +itself felt in no uncertain manner. There can be no question that the +influence of the Celtic Church continued long after the Church itself had +passed away. It is a noteworthy fact that neither the rulers of the +people, nor those over whom they exercised authority, were prepared to +submit implicitly to the dictation of the Romish see. Their obedience to +the great temporal head of the Catholic religion was never either servile +or unlimited. They were prepared to take their own way in many things, +treating often with much indifference the fulminations of their spiritual +superiors. Many illustrations of this tendency may be found in the history +of the country. On one occasion, for example, William the Lion appointed +his chaplain to the Bishopric of St. Andrews. An English monk was chosen +by the Chapter to the same office, and thus a complete deadlock was +brought about. What was to be done? The ecclesiastical authorities +appealed to the Pope, who was indignant when he learned that the authority +of the Church was being thus rudely trampled upon. He conferred legatine +powers on the Archbishop of York, and the Bishop of Durham, to "direct the +thunder of excommunication" against the King in the event of contumacy. +But notwithstanding the extreme gravity of the situation the King +stubbornly refused to yield. He not only set the papal authority at +defiance, but he banished from the country those who dared to yield to the +papal favourite. + +This is not, by any means, an isolated instance of stubborn and successful +resistance to the authority of the Church. The same thing, in other +circumstances, occurred again and again, with the result that the terrors +of excommunication ceased to be dreaded. + +This, of course, was especially the case during the decadent period of the +Catholic _regime_. There are numerous indications in the literature of the +fifteenth and sixteenth centuries of this weakening of the ecclesiastical +authority. The picture which Sir David Lindsay has drawn of the condition +of the Church at this period is no mere spiteful exaggeration, but may be +accepted as substantially accurate. Nothing could well more clearly +indicate how thoroughly the Church had failed to keep in touch with the +intellectual life of the nation, or guide and control its moral and +spiritual activities. + +It was during this period of weakness, almost of total moral collapse, +that the Archbishop of Glasgow took it upon him to excommunicate the +Border thieves. Had the same vigorous measure been adopted at an earlier +period, the result might have been more favourable. As it was, the +launching of this ecclesiastical thunderbolt really created more +amusement than consternation. It was regarded simply as the growl of a +toothless lion. In no circumstances were the Border reivers easily +intimidated. Their calling had made them more or less indifferent to the +claims alike of Church and State. They had never had much affection for +the king, and they had, perhaps, still less for the priest. Having shaken +themselves free, to a large extent at least, from the control of the +State, they were not prepared to put their neck under the yoke of an +ecclesiastical authority which even the best men of the age had ceased to +venerate. But the Archbishop felt that he had a duty to discharge, and he +applied himself to the task with commendable vigour. It may be well to +explain that there are two forms of excommunication--_excommunicatio +major_ and _excommunicatio minor_. The former mode of excommunication is +one of which we in these days happily know nothing, as it can only be +effectively carried out with the approval and assistance of the State, +which in modern times would never be granted. But the latter form is still +common. It has been retained in the Church as a point of discipline, or, +to use a well known and significant theological phrase, as a _poena +medicinalis_. The major excommunication was a frightful weapon, and might +well be dreaded. Those who suffered the greater excommunication were +excluded from the Mass, from burial in consecrated ground, from +ecclesiastical jurisdiction, and practically from all intercourse with +their fellow Christians. They were, in short, handed over body and soul to +the devil. + +The "Monition of Cursing," issued by the Archbishop of Glasgow against the +Border thieves, was ordered to be read from every pulpit in the diocese, +and circulated throughout the length and breadth of the Borders. It is a +curious document, and will, doubtless, be read with interest, if not with +profit. It was expressed in the following terms:-- + +"GUDE FOLKS, heir at my Lord Archibischop of Glasgwis letters under his +round sele, direct to me or any uther chapellane, makand mensioun, with +greit regrait, how hevy he beris the pietous, lamentabill, and dolorous +complaint that pass our all realme and cummis to his eris, be oppin voce +and fame, how our souverane lordis trew liegis, men, wiffis and barnys, +bocht and redemit be the precious blude of our Salviour Jhesu Crist, and +levand in his lawis, ar saikleslie[108] part murdrist, part slayne, brynt, +heryit, spulzeit and reft, oppinly on day licht and under silens of the +nicht, and thair takis[109] and landis laid waist, and thair self banyst +therfra, als wele kirklandis as utheris, be commoun tratouris, +revaris,[110] theiffis, duelland in the south part of this realme, sic as +Tevidale, Esdale, Liddisdale, Ewisdale, Nedisdale, and Annanderdaill; +quhilkis hes bene diverse ways persewit and punist be the temperale swerd +and our Soverane Lordis auctorite, and dredis nocht the samyn. + +"And thairfoir my said Lord Archibischop of Glasgw hes thocht expedient to +strike thame with the terribill swerd of halykirk, quhilk thai may nocht +lang endur and resist; and hes chargeit me, or any uther chapellane, to +denounce, declair and proclame thaim oppinly and generalie cursit, at this +marketcroce, and all utheris public places. + +"Heirfor throw the auctorite of Almichty God, the Fader of hevin, his Son, +our Salviour, Jhesu Crist, and of the Halygaist; throw the auctorite of +the Blissit Virgin Sanct Mary, Sanct Michael, Sanct Gabriell, and all the +angellis; Sanct John the Baptist, and all the haly patriarkis and +prophets; Sanct Peter, Sanct Paull, Sanct Andro, and all haly appostillis; +Sanct Stephin, Sanct Laurence, and all haly mertheris[111]; Sanct Gile, +Sanct Martyn, and all haly confessouris; Sanct Anne, Sanct Katherin, and +all haly virginis and matronis; and of all the sanctis and haly cumpany of +hevin; be the auctorite of our Haly Fader the Paip and his cardinalis, and +of my said Lord Archibischop of Glasgw, be the avise and assistance of my +lordis, archibischop, bischopis, abbotis, priouris, and utheris prelatis +and ministeris of halykirk, I DENOUNCE, PROCLAMIS, and DECLARIS all and +sindry the committaris of the said saikles murthris, slauchteris, +brinying, heirschippes, reiffis, thiftis, and spulezeis, oppinly apon day +licht and under silence of nicht, alswele within temporale landis as +kirklandis; togither with thair part takaris, assistaris, supplearis, +wittandlie resettaris of thair personis, the gudes reft and stollen be +thaim, art or part thereof, and their counsalouris and defendouris, of +thair evil dedis generalie cursit, waryit,[112] aggregeite, and +reaggregeite, with the greit cursing. + +"I CURSE thair heid and all the haris of thair heid; I CURSE thair face, +thair ene, thair mouth, thair neise, thair toung, thair teith, thair crag, +thair schulderis, thair breist, thair hert, thair stomok, thair bak, thair +wame, thair armes, thair leggis, thair handis, thair feit, and everilk +part of thair body, frae the top of thair heid to the soill of thair feit, +befoir and behind, within and without. I CURSE thaim gangand, and I CURSE +thaim rydand; I CURSE thaim standand, and I CURSE thaim sittand; I CURSE +thaim etand, I CURSE thaim drinkand; I CURSE thaim walkand,[113] I CURSE +thaim sleepand; I CURSE thaim rysand, I CURSE thaim lyand; I CURSE thaim +at hame, I CURSE thaim fra hame; I CURSE thaim within the house, I CURSE +thaim without the house; I CURSE thair wiffis, thair banris, and thair +servandis participand with thaim in thair deides. I WARY[114] thair +cornys, thair catales, thair woll, thair scheip, thair horse, thair swyne, +thair geise, thair hennys, and all thair quyk gude.[115] I WARY thair +hallis, thair chalmeris, thair kechingis, thair stabillis, thair barnys, +thair biris, thair bernyardis, thair cailyardis, thair plewis, thair +harrowis, and the gudis and housis that is necessair for thair +sustentatioun and weilfair. All the malesouns and waresouns[116] that ever +gat warldlie creatur sen the begynnyng of the warlde to this hour mot +licht apon thaim. The maledictioun of God, that lichtit apon Lucifer and +all his fallowis, that strak thaim frae the hie hevin to the deip hell, +mot licht apon thaim. The fire and the swerd that stoppit Adam fra the +yettis of Paradise, mot stop thaim frae the gloir of Hevin, quhill[117] +thai forbere and mak amendis. The malesoun that lichtit on cursit Cayein, +quhen he slew his bruther just Abell saiklessly, mot licht on thaim for +the saikles slauchter that thai commit dailie. The maledictioun that +lichtit apon all the warlde, man and beist, and all that ever tuk life, +quhen all wes drownit be the flude of Noye, except Noye and his ark, mot +licht apon thame and droune thame, man and beist, and mak this realm +cummirles[118] of thame for thair wicket synnys. The thunnour and +fireflauchtis[119] that [Greek: x]et doun as rane apon the cities of +Zodoma and Gomora, with all the landis about, and brynt thame for thair +vile synnys, mot rane apon thame, and birne thaim for oppin synnys. The +malesoun and confusioun that lichtit on the Gigantis for thair oppressioun +and pride, biggand the tour of Babiloun, mot confound thaim and all thair +werkis, for thair oppin reiffs and oppressioun. All the plagis that fell +apon Pharao and his pepill of Egipt, thair landis, corne and cataill, mot +fall apon thaim, thair takkis, rowmys[120] and stedingis, cornys and +beistis. The watter of Tweid and utheris watteris quhair thai ride mot +droun thaim, as the Reid Sey drownit King Pharao and his pepil of Egipt, +persewing Godis pepill of Israell. The erd mot oppin, riffe and +cleiff,[121] and swelly thaim quyk[122] to hell, as it swellyit cursit +Dathan and Abiron, that ganestude Moeses and the command of God. The wyld +fyre that byrnt Thore and his fallowis to the nowmer of twa hundreth and +fyty, and utheris 14,000 and 700 at anys, usurpand aganis Moyses and +Araon, servandis of God, mot suddanely birne and consume thaim dailie +ganestandand the commandis of God and halykirk. The maledictioun that +lichtit suddanely upon fair Absolon, rydand contrair his fader, King +David, servand of God, throw the wod, quhen the branchis of ane tre +fred[123] him of his horse and hangit him be the hair, mot licht apon +thaim, rydand agane trewe Scottis men, and hang thaim siclike that all the +warld may se. The maledictioun that lichtit apon Olifernus, lieutenant to +Nabogodonoser, makand weir and heirschippis apon trew cristin [_sic_] men; +the maledictioun that lichtit apon Judas, Pylot, Herod, and the Jowis that +crucifyit Our Lord, and all the plagis and trublis that lichtit on the +citte of Jherusalem thairfor, and upon Symon Magus for his symony, bludy +Nero, cursit Ditius Makcensius, Olibruis, Julianus, Apostita and the laiff +of the cruell tirrannis that slew and murthirit Cristis haly servandis, +mot licht apon thame for thair cruell tiranny and murthirdome of cristin +pepill. And all the vengeance that ever wes takin sen the warlde began for +oppin synnys, and all the plagis and pestilence that ever fell on man or +beist, mot fall on thaim for thair oppin reiff, saiklesse slauchter and +schedding of innocent blude. I DISSEVER and PAIRTIS thaim fra the kirk of +God, and deliveris thaim quyk to the devill of hell, as the Apostill Sanct +Paull deliverit Corinthion. I INTERDITE the places thay cum in fra divine +service, ministracioun of the sacramentis of halykirk, except the +sacrament of baptissing allanerllie;[124] and forbiddis all kirkmen to +schriffe or absolve thaim of thaire synnys, quhill[125] they be first +absolyeit of this cursing. I FORBID all cristin man or woman till have +ony cumpany with thaime, etand, drynkand, spekand, prayand, lyand, +gangand, standand, or in any uther deid doand, under the paine of deidly +syn. I DISCHARGE all bandis, actis, contractis, athis, and obligatiounis +made to thaim be ony persounis, outher of lawte,[126] kyndenes or manrent, +salang as thai susteine this cursing; sua that na man be bundin to thaim, +and that thai be bundin till all men. I TAK fra thame and cryis doune all +the gude dedis that ever thai did or sall do, quhill thai ryse frae this +cursing. I DECLARE thaim partles[127] of all matynys, messis, evinsangis, +dirigeis or utheris prayeris, on buke or beid; of all pilgrimagis and +almouse dedis done or to be done in halykirk or be cristin pepill, +enduring this cursing. + +"And, finally, I CONDEMN thaim perpetualie to the deip pit of hell, to +remain with Lucifeir and all his fallowis, and thair bodeis to the +gallowis of the Burrow Mure, first to be hangit, syne revin and ruggit +with doggis, swyne and utheris wyld beists, abhominable to all the warld. +And thir candillis gangis frae your sicht, as mot[128] thair saulis gang +fra the visage of God, and thair gude fame fra the warld, quhill thai +forbeir thair oppin synnys foirsaidis and ryse frae this terribill +cursing, and mak satisfaction and pennance."[129] + + + + + +XV. + +THE TRIUMPH OF LAW. + + 'Tis clear a freebooter doth live in hazard's train, + A freebooter's a cavalier that ventures life for gain, + But since King James the Sixth to England went, + There's been no cause of grief or discontent, + And he that hath transgressed the law since then, + Is no freebooter but a thief from men. + + SATCHELL. + + +When we turn our attention to the study of the causes which ultimately +resulted in the abolition of Border reiving, we find that this desirable +end was brought about, to a considerable extent at least, by a change of +environment. Conditions were gradually created which made the old system +not only undesirable, but unnecessary, both from a political and economic +point of view. An important step was taken when Buccleuch, at the +instigation of "the powers that be," drafted off large numbers of the +"broken men" to the Belgic wars. In the campaigns which were then being +conducted in the Low Countries, these hardy, valiant Borderers no doubt +gave a good account of themselves; but, so far as can be ascertained, few +of them ever returned to "tell the tale." Still more drastic measures +were adopted in order to get rid of the Graemes, who inhabited the +Debateable land, and whose depredations had provoked a bitter feeling of +resentment on both sides of the Border. It seemed hopeless to expect any +improvement in their habits so long as they were allowed to remain where +they were, and so they were banished from the country, shipped across the +channel to the Emerald Isle, where it is to be hoped they found a +congenial sphere, and sufficient scope for their abilities. Perhaps in +course of time they settled down to a more orderly, if less exciting, mode +of life than that to which they had hitherto been accustomed. + +But, notwithstanding the removal of these lawless men from the Borders, it +was found that those who had been left at home were either unwilling or +unable to abandon their reiving habits. The disease had long been chronic, +and those responsible for the government of the country began to realise +that the cure was not to be effected in any instantaneous fashion. Time +and patience were alike necessary in order to the successful +accomplishment of the end desiderated. The task of restoring order, more +especially in the Liddesdale district, was committed to the able hands of +the "Bold Buccleuch." When he returned from abroad he was invested with +the most arbitrary powers to execute justice on the malefactors, and he +went about his work in the most resolute and business-like manner. Well +known thieves were apprehended and immediately put to death. There were no +prisons to lodge them in, and as it would have been, in most cases, a +sheer waste of time to subject them to any form of trial--most of them +being well known depredators who gloried in their crimes--they were +executed without ceremony. In this way large numbers of the worst +characters were disposed of, and a wholesome fear created in the minds of +those who were fortunate enough to escape the gallows. If Buccleuch, in +his rash and impetuous youth, was responsible for much of the mischief +done on the Borders, he amply atoned for his indiscretions by the splendid +services he now rendered to the State in suppressing lawlessness, and +inaugurating, in this distracted region, the reign of law and order. His +name will remain indissolubly associated with one of the most eventful and +stirring periods in Border history, and we feel certain that the fame of +his prowess will not suffer from a more minute acquaintance with the +varied incidents of his remarkable career. + +But the main factors in the social and moral regeneration of the Borders +were-- + + (1) The Union of the Crowns. + + (2) The Planting of Schools. + + (3) The Restoration of the Church. + + +This order may not represent, and we do not think it does represent, the +relative value of the influences which produced the radical and +significant change which now took place in the habits and life of the +people on both sides of the Border. But it will best suit our purpose to +consider these agencies in the order stated. + +For a period of wellnigh four hundred years it had been the ambition of +successive English monarchs to reduce Scotland to a state of vassalage. +From the time of Edward this object was never altogether lost sight of. +Again and again the project seemed on the eve of accomplishment, but some +untoward event always occurred to render the scheme abortive. Doubtless, +had the union of the Crowns taken place at an earlier period, both +countries would have escaped some unpleasant and regrettable experiences. +There can be no doubt that the hostility which marked the relationships of +the two nations, had--at least from an economic point of view--an +injurious effect on the people of Scotland. Industry in all its branches +was crippled by the constant turmoil which prevailed. The Scottish kings, +moreover, were "cribb'd, cabin'd, confin'd" by the ambitions and +jealousies of a turbulent and factious nobility, who, in their relations +to the State, were too frequently dominated by unpatriotic and selfish +motives. Had it been possible for the sovereign to lay a strong hand on +his nobles, and compel them to pay more regard to imperial interests than +to their own private ends and petty jealousies, all might have been well. +But such a course was often practically impossible. The barons were all +powerful within their own domain, and when it served their purposes they +seldom hesitated even to usurp the authority of the king. This abnormal +condition of affairs made the government of the country a matter of +extreme difficulty, and gave rise to endless trouble and vexation. No +doubt it may legitimately be argued that, painful as this state of matters +undoubtedly was, it was after all better that the Scottish nation should +have retained its independence, with all the drawbacks attaching thereto, +than that it should have conceded the demand of England for annexation. +The difficulties of the situation were the making of the people. This may +be frankly admitted. But, at the same time, it was a good thing for the +country when at last the Scottish king ascended the English throne, and +became the ruler of both nations. A new era was thus inaugurated, an era +of progressive wellbeing in nearly every department of national life. + +It is worthy of note that, for a few years before James succeeded to the +throne of England, his feeling towards the Scottish Borderers had become +considerably modified. Whether this was due to the influence of the +reproachful letters on the state of the Borders addressed to him by +Elizabeth, or to the additional subsidy of L2000 per annum, now guaranteed +to him out of the English exchequer, is a question about which there may, +legitimately, be difference of opinion. In any case he now saw that it +would be advantageous, from a personal as well as from a national point of +view, to curb as far as he possibly could the lawless propensities of the +reiving fraternity. In so doing he was wisely anticipating the time when +he would be responsible for good rule on both sides of the Border. It may +thus be said that even the prospect of the union of the Crowns under James +had a beneficial effect. Coming events cast their shadows before. It led +to the adoption of a wiser policy in regard to this particular part of the +realm, with the result that for some years prior to 1603, a noticeable +improvement had taken place in Border affairs. The wardens had become more +anxious than before to discharge the duties of their high office with +impartiality, and to use their utmost endeavour to restrain the more +lawless spirits among the clansmen over whom they exercised authority. +Crime was at once more expeditiously and severely punished. A firm hand +was laid on the ringleaders in Border strife; and though these men were +not easily daunted, and chafed bitterly under the restraints laid upon +them by those in authority, yet they were soon made to realise that a new +spirit was being infused into the administration, and that in consequence +reiving was becoming an increasingly difficult and perilous business. But +great social revolutions are not brought about in a day; and, as we shall +see, it was long ere the Borders settled down into their present normal +condition. + +When James ascended the throne of England, the change which had been +silently taking place in the management of Border affairs became at once +more marked and widespread. The effect of this event was unmistakable in +every department of the national life. It created, no doubt, considerable +bitterness and jealousy in certain sections of society in England, as it +was believed that the King was unduly partial to his own countrymen in the +bestowment of his favours. This was certainly not the case, as James was +far more anxious to conciliate his English subjects than to favour his +native land. It would have been well for him, and his successors in +office, had he discharged his duty to Scotland with less regard to English +prejudices. + +He was determined, however, at all hazards to suppress Border reiving. Ten +days after his arrival in London he issued a proclamation requiring all +those guilty of _the foul and insolent outrages_ lately committed on the +Borders, to submit themselves to his mercy before the twentieth of June, +under penalty of being excluded from it for ever. Two days after this +proclamation had been made he emitted another, declaring his fixed +resolution to accomplish the union of the two realms; in consequence of +which, the bounds possessed by the rebellious Borderers should no more be +the _extremities_ but the _middle_, and the inhabitants thereof reduced to +a perfect obedience. He said that he had found in the hearts of his best +disposed subjects of both realms, a most earnest desire for this union; +and he undertook, with the advice and consent of the Estates of both +Parliaments, to bring it about. In the meantime he declared that he +considered the two kingdoms _as presently united_; and required his +subjects to view them in the same light, and in consequence thereof, to +abstain from mutual outrages and injuries of whatever kind, under the +penalty of his highest displeasure and of suffering the strictest rigour +of justice.[130] + +In pursuance of this policy, and in order to extinguish all past +hostilities between his kingdoms, the King prohibited the name of +_Borders_ any longer to be used, substituting in its place the name +_Middleshires_. He also ordered all the places of strength, with the +exception of the habitations of noblemen and barons, to be demolished; +their iron gates to be converted into ploughshares; and the inhabitants +were enjoined to betake themselves to agriculture and other works of +peace. + +But these severe measures, accompanied as they were by the summary +execution of large numbers of the worst characters on the Borders, who, as +we have seen, were sent to the gallows without ceremony, would not have +been sufficient of themselves to eradicate the evil. More potent +influences, however, were brought into operation. The law was now +administered, not spasmodically as before, but with a continuity and +impartiality hitherto unknown and unattainable. It was the interest of the +King and of the Government to repress disorder, to punish the lawless and +disobedient, and to establish order and good rule throughout both +kingdoms; and the consequence was that, in course of time, the Border +reivers were made to realise that they must, perforce, abandon their old +habits and betake themselves to a new mode of life. This desirable end was +not attained without difficulty. Border reiving did not altogether cease +for nearly a hundred years after the union of the Crowns; but the +beginning of the seventeenth century inaugurated the period of its +decline. + +"The succession of James to the Crown of England," Ridpath remarks, "and +both kingdoms thus devolving on one sovereign, was an event fruitful of +blessing to each nation. The Borders, which for many ages had been almost +a constant scene of rapine and devastation, enjoyed, from this happy era, +a quiet and order which they had never before experienced; and the island +of Britain derived from the union of the two Crowns, a tranquility and +serenity hitherto unknown, and was enabled to exert its whole native +force. National prejudices, and a mutual resentment, owing to a series of +wars betwixt the kingdoms, carried on for centuries, still however +subsisted, and disappointed James' favourite scheme of an entire and +indissoluble union. From the same source also arose frequent disputes and +feuds upon the Marches, which by the attention of the sovereign were soon +and easily composed; and are not of moment enough to merit a particular +relation. But it required almost a hundred years, though England and +Scotland were governed all the time by a succession of the same princes, +to wear off the jealousies and prepossessions of the formerly hostile +nations, and to work such a change in their tempers and views, as to admit +of an incorporating and an effectual union."[131] + +But another and most important agent in the pacification and social +regeneration of the Borders was the development, under the fostering care +of the Church, of what is known as the Parochial system of education. The +Roman Catholic Church in earlier times was not, as has sometimes been +erroneously supposed, inimical to the intellectual culture of the nation. +In its palmy days it undertook the work of educating the people with an +enthusiasm which commands the respect of most unbiased students of our +national history. + +In this respect the monasteries, especially, rendered important services +to the community. Long before the Reformation there were at least three +classes of schools in Scotland--the "Sang Schools," connected with the +Cathedrals or more important Churches--the "Grammar Schools," which were +founded in the principal burghs in the country--and the "Monastic +Schools," which were, as the name implies, connected with the monasteries. +"The interest in education," says Prof. Story, "which had distinguished +the Columban Church, was not seriously impaired by its amalgamation with +the Church of Rome. It survived in active force, and before the foundation +of any of the existing public schools of England (the oldest of which is +Winchester, founded in 1387), we find the charge of the schools of +Roxburghshire intrusted in 1241 to the monks of Kelso, over whom was an +official called 'The Rector of the Schools.'"[132] + +But for a considerable period prior to the Reformation, the interest of +the Roman Catholic Church in education, as well as in regard to the moral +and spiritual well-being of the people, had become enfeebled. The +monasteries had ceased to be, what they were in earlier times, centres of +gracious intellectual and spiritual influence. And nowhere was this more +conspicuously the case than on the Borders. The lawlessness of the clans +reacted on the life of the Church, and instead of the Church overcoming +the malign and disintegrating influences by which it was assailed, it was +unhappily overcome by them. Education in all its branches was shamefully +neglected. The most eminent barons in the land were often unable even to +write their own names. When they were under the necessity of adhibiting +their signatures to deed or charter, the pen had to be guided by the hand +of the notary. In these circumstances it is not difficult to imagine how +densely ignorant the great body of the people must have been. + +Whatever may be said for or against the Reformation, there will be a +general consensus of opinion, among educationists especially, that the +scheme propounded by John Knox for the education of the people is in many +respects an ideal one. It is thus outlined in the Book of Discipline:--"Of +necessitie therefore we judge it, that every several kirk have one +schoolmaister appointed, such a one at least as is able to teach grammar +and the Latin tongue, if the town be of any reputation. If it be upland +where the people convene to the doctrine but once in the week, then must +either the reader or the minister there appointed take care of the +children and youth of the parish, to instruct them in the first +rudiments, especially in the Catechism [Calvin's Catechism] as we have it +now translated in the Book of Common Order, called the Order of Geneva. +And furder, we think it expedient, that in every notable town, and +specially in the town of the superintendent, there be erected a Colledge, +in which the arts, at least logick and rhetorick, together with the +tongues, be read by sufficient masters, for whom honest stipends must be +appointed. As also that provision be made for those that be poore, and not +able by themselves nor by their friends to be sustained at letters, and in +special these that come from landward."[133] + +Unfortunately, owing to the rapacity of the nobles, this splendid scheme +of national education was not carried out in its entirety. But though the +enlightened views which the Reformers thus endeavoured to impress both +upon the Parliament and the country were not so heartily and widely +adopted as they should have been, a beginning was made in the +establishment of parochial schools, and by this means the benefits of +education were brought within the reach of the great body of the people. +It has been justly remarked that if the counsel of the Reformers had been +followed, no country in the world would have been so well supplied as +Scotland with the means of extending the benefits of a liberal education +to every man capable of intellectual improvement. + +The state of the Borders, however, for at least fifty years after the +Reformation, was such as to make it difficult in some places, and all but +impossible in others, to establish and maintain parochial schools. But in +course of time, as things began to improve, owing to the more systematic +and impartial administration of the law, the work of training the youth of +the district was entered upon with energy and enthusiasm. The beneficial +results of the new regime in matters educational soon became apparent. +Crime steadily decreased. The old reiving habits were gradually, if with +difficulty, abandoned, and increased attention was given to the peaceful +pursuits of agriculture and other industries; and out of the social chaos +which had so long been a notorious feature of Border life, a healthy, +vigorous, law-abiding community was evolved. + +But the most potent factor in the pacification and moral regeneration of +the Borders was the influence and teaching of the Church. The religious +condition of the people in this part of the country, both before and after +the Reformation, can only be described as utterly deplorable. The fierce +fighting Border clans had practically broken with institutional religion +in all its forms. It is frequently said of them, and not without good +reason, that they feared neither God nor man. They delighted in robbing +and burning churches, and held both priest and presbyter in high disdain. +Johnie Armstrong of Gilnockie is credited with having destroyed, during +the course of his career, no fewer than fifty-two parish churches. The +picture of the religious condition of the Borders, as reflected in the +State Papers, is well fitted to awaken painful reflections. Eure, for +example, in a letter addressed to Queen Elizabeth, in the year 1596, +says:--"Another most grievous decay is the 'want of knowledge of God,' +whereby the better sort forget oath and duty, let malefactors go without +evidence, and favour a partie belonging to them or their friends. The +churches mostly ruined to the ground, ministers and preachers 'comfortless +to come and remain where such heathenish people are,' so there are neither +teachers nor taught."[134] In a still more doleful strain the Bishop of +Durham describes the irreligious condition of the Borders. "Diverse +persons," he says, "under pretext of danger to their persons, and some +through a careless regard of their conscience toward their flocks, besides +also other out of a continual corruption of their patrons, turn residence +into absence, whereby the people are almost totally negligent and ignorant +of the truth professed by us, and so the more subject to every subtile +seducer."[135] So completely, indeed, had religious teaching fallen into +abeyance that one writer even goes the length of affirming that "many die, +and cannot say the Lord's Prayer."[136] + +The Commission appointed to inquire into the state of affairs on the +Borders, after the breaking of Carlisle castle by Buccleuch, and to +discover, if possible, some remedy for the clamant evils which prevailed, +suggested in the first paragraph of their report "that ministers be +planted at every Border Church to inform the lawless people of their duty, +and watch over their manners--the principals of each parish giving their +prime surety for due reverence to the pastor in his office; the said +churches to be timely repaired."[137] + +The propriety and wisdom of this deliverance will not be seriously +questioned by those who have some knowledge of the motives and principles +by which human life is moulded and governed. Religion is the bulwark of +society and the State--the necessary condition alike of their existence +and wellbeing. It was therefore clearly perceived by those responsible for +the social and moral wellbeing of this much distracted region that some +effective measures must be adopted to revive the religious life of the +people. The task was none of the easiest. Ruined churches had to be +restored; ministers had to be found, and "honest stipends" provided; and +the community from an ecclesiastical point of view reorganized. And, as +might be expected, the changes contemplated were not easily or quickly +effected. Old habits are not readily abandoned, and consequently it took +many years to raise the general religious life of the Borders to the level +of that of other districts of the country where the conditions, to begin +with, were more favourable. Even in the beginning of the eighteenth +century, when that renowned minister, the Rev. Thomas Boston, began his +pastorate in Ettrick, the state of matters from a religious point of view +was such as might well have appalled the stoutest heart. His parishioners +were rude and lawless to a degree. We are told that on Sundays some of +them went, not to church, but to the churchyard, and tried to drown the +voice of the preacher by producing all sorts of discordant sounds; and +even those who ventured within the walls ostensibly to worship, would rise +up during the service with "rude noise and seeming impatience," and leave +the building. The condition of this parish--and others in the district +were probably not much better--has been not inaptly described as "an +unploughed field covered with tangled weeds and thorns, and sheltering +many foul creatures." But the morals of the people, under the influence of +the faithful ministrations of Boston, were gradually reformed, and the +desert was made to bud and blossom like the rose. And what was effected +in this particular district may be taken as a fair sample of the good work +accomplished by the Church throughout the whole length of the Borders. Its +influence was potent and far-reaching, and mighty to the pulling down of +the strongholds of evil. "How did it happen," says a modern writer, "that +the raiding and reiving race which inhabited the Borders became so +peaceful and law-abiding? That were a long tale to tell, but the credit of +it belongs to those preachers Sir Walter was too superfine and cavalier to +understand. In this work his own great-grandfather, for nineteen years the +faithful and diligent minister of Yarrow, bore his own part, and, though +the great-grandson owed his genius to his mother, the minister's +grand-daughter, he failed to appreciate the most characteristic treasure +of his inheritance. He remembered that Richard Cameron--founder of the +Cameronians, sternest of Presbyterian sects--was once chaplain to the +Harden Scotts, but he could see no heroism in the uncompromising preacher, +who had dared to rebuke Harden's too compliant faith and indulgent temper. +Yet over Annandale, throughout Moffatdale, thence flowing over into the +Forest, the name of Cameron was one of power. The heroic strain in him +suited the mood of the ancient reivers, who loved strength and iron in the +blood. But the Scotts had ridden and lorded it over the Marches too long +to love iron in any blood save their own. Their feud with the preachers +began early, for John Welsh, Knox's son-in-law, was persecuted out of +Selkirk, whither he had gone to convert the souters and reform the +freebooters of the Forest, by a Scott of Headshaw. But the man who ought +here to be placed foremost is a man who became minister of Ettrick three +years before John Rutherford, Scott's ancestor, died--Thomas Boston. +Cotter Morrison quoted some of his fierce sayings with the horror of a son +of light suddenly confronting an altogether incredible darkness. But no +man ignorant of the deeds of Boston can judge his speech. In some of his +words there is a wonderful tenderness, in his acts a marvellous integrity, +and in his thought a rare power to move the hearts, stir the consciences, +and awaken the intellects of his people. It was a brave thing to make the +stern Presbyterian discipline a reality among these men of the Forest, in +whom the old reiving instinct was still strong, at once kept alive and +glorified by the ballads which were known in every cottage, and recited at +every hearth. But the man was patient and strong enough to do it; nothing +was too minute to escape his eye; nothing was too inveterate to silence or +too ancient to overcome his religion."[138] It is undoubtedly to the +influence of such preachers, men of faith and character, scholarship and +genius, that Borderers owe many of the best qualities, both of intellect +and heart, for which, in later times, they have become distinguished. + + + + +XVI. + +THE HARVEST OF PEACE. + + When this loose behaviour I throw off, + And pay the debt I never promised, + By how much better than my word I am, + By so much shall I falsify men's hope; + And, like bright metal on a sullen ground, + My reformation, glittering o'er my fault, + Shall show more goodly, and attract more eyes, + Than that which hath no foil to set it off. + + SHAKESPEARE. + + +To those familiar with the history of Border reiving it may appear, on the +first glance, somewhat inexplicable that in those districts where the +system was most deeply rooted there should now be found one of the most +orderly and law-abiding communities in the country. The old leaven, it +would seem, has worked itself out, and that, too, with a rapidity and +thoroughness which some may find difficult to reconcile with the modern +doctrine of heredity. The laws of evolution, whether in the physical or +social sphere, may operate with the precision and certainty of destiny, +but the changes effected are brought about slowly, and with well-graded +regularity. No doubt fifty or a hundred years is a considerable period +measured by the standard of the individual life, but it is a brief term in +the history of a nation or people. While considerable changes may take +place in the course of a century, yet these are often of a more or less +superficial character, affecting only to a limited extent the thoughts, +habits, and customs of a community. In the present instance, however, the +changes which took place in the life of the Border clans seem to have been +as thorough as they were rapid. In a comparatively short time the Borders, +from being one of the most lawless and disorderly districts in the +country, became an example to both kingdoms in honesty, sobriety, and true +patriotism. Such epithets as "brutal Borderers" and "lewd Liddesdales," so +freely banded about in earlier times, especially by the English wardens, +speedily lost their significance. Those lawless reivers, whom neither +warden nor king could effectively control, were not difficult to induce, +when the proper time came, to turn their swords into ploughshares and +their spears into pruning hooks, and to settle down to a well-ordered, +industrious, and peaceful mode of life. This phenomenon may doubtless be +accounted for on purely natural principles. The explanation, indeed, is +not difficult to discover. As we have already seen, the worst characters, +the "broken men"--those who had no chiefs who could be made responsible +for their good behaviour--were expatriated--sent to Holland and +elsewhere--and consequently ceased to give further trouble. And it may be +said in regard to those who remained that while they had spent the best +part of their lives in appropriating the goods and chattels of their +English neighbours, they were not by any means the depraved and degraded +wretches they have so often been described. Far from it. These men for the +most part believed, rightly or wrongly, that in despoiling and harassing +their English neighbours they were rendering an important service to their +country. They looked upon their reiving as being of the nature of +reprisal. Time and again they had been hunted and harried by their "auld +enemies," and they thought it no sin, whenever they found an opportunity, +to carry the war into the enemies' camp. Moreover, it seems to have been +an article of their creed--one of the "fundamentals"--that all property +was common by the laws of nature, a doctrine which, even at the present +day, is sometimes propounded with considerable show of logic by budding +Border politicians. Their ethical system was simplicity itself. Might was +right. The spoil belonged by natural law to the man who could either take +or keep it. Of course it may be said that such notions are opposed to the +foundation principles of all social and moral life. This may be conceded. +But the fact that the Border reivers looked at things from a different +point of view--while it may not mitigate the offence abstractly +considered--had an important bearing and influence on their own moral life +and character. There can be no doubt that it saved them from utter +demoralization. He that doubteth is damned. But the Borderers were fully +convinced that their action in plundering and despoiling those who lived +in the opposite Marches was commendable and right. Johnie Armstrong may be +taken as a faithful exponent of Border ethics when he says:-- + + For I've loved naething in my life, + I weel dare say it, but _honesty_. + +He leaves us in no doubt as to what he means by the assertion. He does not +deny that he took everything he could lay his hands on from the +unfortunate English. He glories in the fact. It never occurs to him that +he ought to feel ashamed of his conduct. But he avers that though he had +lived for a hundred years never a Scot's wife could have said that "ere he +had skaithed her a puir flee." It was right to rob the English; it was +disgraceful to turn your hand against anyone belonging to your own +country. Here we have the ethical system of the Border reiver in a +nutshell. + +But lawless as the Borders may have been in the olden time, they certainly +do not at the present day bear many traces of their evil past. The Border +counties, judging from the statistics of the Police and Sheriff Courts, +have an excellent record, whether we consider the number or the nature of +the cases dealt with. The following statistics speak for themselves:-- + + Average Number of Convictions + County. Population. for the last five years. + M. F. Total. + Selkirk 10,101 315 37 352 + Roxburgh 34,537 589 105 694 + Berwick 32,406 287 56 343 + Dumfries 61,274 539 74 613 + Peebles 14,761 284 41 325 + +But these statistics would appear still more favourable were it not for +the existence of what is known as the "Tweed Act," which is responsible +for a considerable proportion of the crime charged against the Border +counties. In the county of Peebles, for example, fully 17 per cent. of the +convictions recorded are under this exceptional statute. It is a law which +is often fiercely denounced both by poachers and politicians, and of which +few others have much that is kindly to say, with the exception perhaps of +the riparian proprietors; but no really serious attempt has as yet been +made to have the Tweed and its tributaries brought under the general law +of the land. But notwithstanding the existence of this fruitful source of +crime, the Borders compare not unfavourably with other districts. The +population of Caithness, for instance, is only a little over 4000 higher +than that of Berwick, and we find that the average number of convictions +in that county for the past five years is 419, a fact which shows that the +inhabitants of the south are quite as well conducted as those in the far +north. + +It is also worthy of note that the offences dealt with are for the most +part of a petty nature. There are comparatively few cases of theft, or +offences against the person. It may therefore be said that the Borders +have emerged from the evil conditions of the past, bearing few traces, if +any, of their former lawlessness. It was no doubt a hard school in which +Borderers were trained, and, perhaps, as has been remarked, some of them +are a trifle grim, and dour, and unsociable, deficient to some extent in +the softer and kindlier virtues characteristic of the inhabitants of the +western seaboard; but, considering the experiences through which they have +passed, they have no reason to be ashamed of themselves. + +And if Borderers have deficiencies arising out of the adverse +circumstances with which they had so long to contend, they have also +outstanding excellencies which have brought them well to the front in the +race of life. They are brave, outspoken, independent. They think and act +with energy and decision. They believe in themselves, rely upon their own +resources, and where the struggle is most severe they almost invariably +give a good account of themselves. Their contributions in modern times to +the social and intellectual life of the nation have been considerable, +and of a high quality. In agriculture, in commerce, in statesmanship, in +warfare, and in many other departments, they have rendered important +services. The Scotts and Kers and Elliots--names intimately associated +with Border reiving in all its phases--have long held a foremost place in +the political and social life of the country. + +But the great feature of Border life in more modern times has been the +almost marvellous efflorescence of the spirit of poesy, which has +conferred on the district a unique distinction and an imperishable charm. +It may seem strange that the home of the reiver should have become the +birthplace of poetry and song; yet a moment's reflection will suffice to +show that here are to be found all the conditions which make life a +tragedy and beget the feeling for it. The rough adventurous life of the +Border reiver, with its constant peril and hairbreadth escapes, formed, as +it were, a fitting compost for the cultivation of the tragic muse. And +what ballads have sprung from this soil watered by the very heart's blood +of its people! "The Dowie Dens of Yarrow," "The Douglas Tragedy," "Johnie +Armstrong," "Jamie Telfer of the Fair Dodhead," "The Border Widow's +Lament," "The Flowers of the Forest"--not to mention many others of almost +equal merit--have taken possession of the imaginative and emotional life +of the nation, and become part and parcel of its very being. Indeed, the +influence of this varied body of balladic lore on the thought and life and +character of the Scottish people can hardly be over-estimated. Spenser, to +whose sublime genius we are indebted for the "Faery Queen," is known to +fame as "the poet's poet." It is a high distinction, and not unworthily +bestowed. But in a still higher sense it may be said that the Border +ballads have been a perennial fountain of poetic inspiration to all lovers +of the Muse. Rough and rugged though many of them are, yet they are +dowered with that potent spell which at once captivates the heart and +awakens within it the deepest and tenderest emotions of which it is +capable. Here, if anywhere, we find the Helicon of Scotland. + +We may regret, with R. L. Stevenson, that the names of the old balladists +have disappeared from the roll of fame. It would have been interesting to +know who the singers were; but we may be thankful that the songs they sung +have come down to our later age. They are a priceless inheritance, a +glorious legacy. In these ballads the rugged cactus of Border life has +burst into the most gorgeous blossom. + +But this is not all. The ballad period, rich as it is in all the higher +elements of dramatic and poetic suggestiveness, was but the beginning of +an era of song, which has secured for the Borderland an unique +distinction. In the beginning of the eighteenth century there was born in +the manse of Ednam, in the neighbourhood of Kelso, one of the most +renowned of Border poets, James Thomson, the author of "The Seasons," "The +Castle of Indolence," "Rule Britannia," and other pieces. His early youth +was spent in the parish of Southdean, and here among the green rolling +hills, and by the quiet streams, he stored his mind and imagination with +those images of natural beauty which in later times, in a far-off city, he +embodied in immortal verse. His services to the poetic literature of his +age and country have been tardily, and often very inadequately, +appreciated. To him mainly belongs the credit of bringing the minds of men +back to nature and reality as the only genuine sources of poetic +inspiration. He was the forerunner of Cowper, and Burns, and +Wordsworth--the pioneer in a new and profoundly significant movement. + +After a considerable interval, Scott, Hogg, and Leyden appear on the +scene--names that will for ever remain enshrined in Border song and story. +Scott was a Borderer of Borderers, a descendant of Auld Wat of Harden and +Mary Scott, the Flower of Yarrow. His grandfather, on the maternal side, +was Professor Rutherford, a famous man in his day, the scion of an old +Border stock, renowned, like the Harden family, in the annals of reiving. + +Hogg and Leyden occupy a place of honourable distinction in the life and +literature of the Borders. "Kilmeny" is a masterpiece of imaginative +genius, and has won for its author a fame which the lapse of time will not +seriously impair. John Leyden, more renowned as a scholar and antiquary +than a poet, gave evidence of the possession of powers which, had he been +spared, would have secured for him a foremost place among the most +brilliant men of his age. These services which the Borders have thus +rendered to the literature of the country have been valuable and important +in a high degree. + +And--if we dare suggest it--it is not altogether improbable that even +Burns himself was sprung of a Border stock. We find in the "Border +Papers," from which much of our information regarding Border reiving has +been drawn, that the name "Burness" frequently occurs. The family bearing +this patronymic was well known in Liddesdale and the Debateable land, and +the various branches of the family, like the Armstrongs and Elliots, were +distinguished for their reiving propensities. The grandfather of the poet +found a home in Argyleshire, and Burns' father, as is well known, hailed +from Kincardineshire. The removal from the Borders of a representative of +the family may be easily accounted for. Reference has already been made to +a law which was passed by the Scottish Parliament enacting that the +various families and clans on the Borders should find pledges for their +good behaviour. These "pledges" were sent north of the Forth, and were +strictly prohibited from returning to their former haunts. It is just +possible that in this way an ancestor of Burns may have been called to +leave the Border district in the interests of his family or clan. This +much at least is certain, the name is one which was common on the Borders +in those times of which we write. But whatever truth there may be in the +suggestion we have made (it would be foolish to dogmatise in the absence +of authentic information), Burns furnishes many points of resemblance to +the distinctive traits of Border character in the olden time. His +disregard of conventionality in all its forms, combined with his +aggressive sense of independence, mark him out as of the true Border type. + +This district, once so famous as the favourite haunt of the reiver, may +now be described as one of the most peaceful in the country. Every year it +attracts an increasing number of tourists, who come from almost every part +of the world to visit its numerous shrines. To the literary and +professional classes it has become a kind of Mecca, to which they feel +constrained to resort once and again for intellectual refreshment and +inspiration. The glamour which Scott, Wordsworth, and Hogg--and many other +tuneful poets--have thrown around its green hills and bosky glens has +given it an air of enchantment to which the poetic temperament especially +is keenly sensitive. The pity is that in modern times, owing to a variety +of causes, the population in the rural districts has been steadily +decreasing. The fine hardy, thrifty, yeomen race is disappearing. Small +holdings have been consolidated, and the big farm--in too many cases--is +held by a non-resident tenant, who interests himself little, or not at +all, in the social and moral well-being of those whom he is under the +necessity of employing. This evil is one of long standing. In the +Statistical Account of Yarrow, published in 1833, Dr Russell remarks +that--"out of forty-five farms in the parish, twenty are _led_ farms. On +many of these were formerly large families, with servants and cottagers, +and there are five such lying adjacent,--a state of things the more to be +regretted, when its only advantage is a trifling addition of rent, and the +saving of outlay on farm buildings." Well may it be said-- + + "Ill fares the land, to hastening ills a prey, + Where wealth accumulates, and men decay: + Princes and lords may flourish, or may fade, + A breath can make them, as a breath has made: + But a bold peasantry, their country's pride, + When once destroyed, can never be supplied." + + + + +Footnotes: + +[1] Tytler's History, vol. I., page 43. + +[2] Tytler's History, vol. I., page 46. + +[3] Border Papers, vol. II., page 130. + +[4] Froissart, vol. II., p. 362. + +[5] Ib. + +[6] Godscroft, p. 98. + +[7] Hide. + +[8] Fend--Support. + +[9] Godscroft, pp. 99-100. + +[10] Froissart, Vol. II., p. 369. + +[11] Godscroft, p. 100. + +[12] Douglas was buried at Melrose beside his father. + +[13] Hailes' Annals, p. 111. + +[14] Maitland of Lethington, vol. I., pp. 69-71. + +[15] History of James VI. + +[16] Skene's Acts of Parliament. + +[17] Skene's Acts of Parliament. + +[18] Border Papers, vol. II., pp. 80-81. + +[19] Intro. Border Minstrelsy, pp. cxc.-cxci. + +[20] Armstrong's Liddisdale, p. 81. + +[21] Froissart, vol. I., p. 18. + +[22] Taylor's History, vol. I., p. 583. + +[23] Ridpath's Border History, p. 550. + +[24] Quoted by Sir Herbert Maxwell, Hist. Dumfries and Galloway, p. 958-9. + +[25] Quoted by Sir Herbert Maxwell, Hist. Dumfries and Galloway, p. +159-60. + +[26] Border Papers, vol. I., p. 131. + +[27] Border Papers, vol. II., pp. 147-8. + +[28] Border Papers, vol. II., p. 181. + +[29] Ib., vol. I., p. 143. + +[30] Ridpath's Border History, p. 651. + +[31] _Vide_ Border Antiquities, vol. II., App. p. xlvii. + +[32] Pitcairn's Crim. Tr., vol. I., p. 288. + +[33] Border Papers, vol. II., p. 299. + +[34] Scott's Border Antiquities, Intro. pp. xcii.-xciii. _Vide_ also +Nicholson's Border Laws, where these particulars are given more in detail, +pp. 127-129, also pp. 143-144. + +[35] Border Antiquities, p. 104. + +[36] Border Antiquities, Intro. p. xcvii. + +[37] Border Antiquities, Intro, pp. xcviii.-c. + +[38] Armstrong's Liddisdale, p. 18. + +[39] Leges Marchiarum, p. 88. + +[40] Ib., p. 122. + +[41] Leges Marchiarum, p. 88. + +[42] Leges Marchiarum, p. 94. + +[43] _Vide_ Introduction Border Antiquities, p. cviii. + +[44] Suffer for it. + +[45] Cary's Memoirs, p. 112. + +[46] Leges Marchiarum, p. 124. + +[47] Border Papers, vol. I., p. 188. + +[48] Border Papers, vol. I., p. 189. + +[49] Border Papers, vol. II., p. 163. + +[50] Border Antiquities, Intro. pp. xlvi.-xlviii. + +[51] Border Papers, vol. II., pp. 37-38. + +[52] Armstrong's Liddesdale, p. 70. + +[53] Pitscottie, p. 319. + +[54] Ib., p. 319. + +[55] Piscottie, p. 321. + +[56] Pitcairn's Criminal Trials, vol. iii., p. 31. + +[57] _Vide_ Pitcairn's Criminal Trials, vol. iii., p. 31. + +[58] Scott's Border Minstrelsy. + +[59] Border Papers, vol. i., p. 252. + +[60] Border Papers, vol. i., p. 284. + +[61] Border Papers, vol. i., p. 285. + +[62] Tytler, vol. ii., p. 275. + +[63] Leslie, p. 82. + +[64] Cary's Memoirs, pp. 72-74. + +[65] Horse newly taken from the grass. + +[66] Cary's Memoirs, pp. 45-51. + +[67] Carries. + +[68] Rafters. + +[69] Border Papers, vol. I., p. 348. + +[70] Pitcairn's Crim. Tr., vol. I., p. 37. + +[71] Celtic Scotland, vol. III. p. + +[72] _Vide_ Intro. Border Antiquities. + +[73] Border Papers, vol. I., p. 121. + +[74] Border Papers, vol. I., p. 121. + +[75] Cary's Memoirs, pp. 103-110. + +[76] Border Papers, vol. II., p. 763. + +[77] Pinkerton. + +[78] Pitcairn's Crim. Tr., vol. I., p. 154. + +[79] Pitcairn's Criminal Trials, vol. I., p. 145. + +[80] Leslie's History, p. 143. + +[81] Pinkerton's History, vol. II., p. 307. + +[82] Pitscottie, p. 342-3. + +[83] Carlenrig. + +[84] Anderson MS. Adv. Lib. f. 154. + +[85] Reg. Sec. Big., vol. 8f., 195. + +[86] Rabbits. + +[87] Are able to bear. + +[88] It is said that this and the three preceding stanzas were among those +Sir Walter Scott most delighted to quote. + +[89] Pitcairn's Criminal Trials, vol. i., p. 171. + +[90] Cheese belly. + +[91] Pitcairn's Criminal Trials, vol. i., pp. 172-3. + +[92] Border Papers, vol. I., p. 97. + +[93] Border Papers, vol. I., p. 282. + +[94] Border Papers, vol. II., p. 115. + +[95] Tytler, vol. iv. p. 244. + +[96] Border Papers, vol. ii., p. 299. + +[97] Border Papers, vol. ii., p. 313. + +[98] Border Papers, vol. ii., p. 319. + +[99] Border Papers, vol. ii. 420. + +[100] Cary's Memoirs, pp. 82-3. + +[101] Border Papers, vol. ii., p. 631. + +[102] Pitcairn's Crim. Tr., vol. i., p. 276. + +[103] Border Papers, vol. II., p. 359. + +[104] Carriers. + +[105] Border Minstrelsy, vol. iv. pp. 91-94. + +[106] Border Minstrelsy, vol. iv. pp. 95-96. + +[107] Border Minstrelsy, vol. i. p. 402. + +[108] Innocently. + +[109] Farms. + +[110] Rievers, robbers. + +[111] Martyrs. + +[112] Execrated. + +[113] Waking. + +[114] Execrate. + +[115] Live stock. + +[116] Curses and execreations. + +[117] Uunti. + +[118] Disencumbered. + +[119] Lightning. + +[120] Places. + +[121] May the earth open, split and cleave. + +[122] Swallow them alive. + +[123] Freed. + +[124] Only. + +[125] Until. + +[126] Loyalty. + +[127] Without part in. + +[128] So may. + +[129] Mr Armstrong has printed the above in his 'History of Liddesdale, +&c.,' from the 'State Papers of Henry VIII.,' vol. iv., note, pp. 417-419. + +[130] Ridpath's Border History, p. 704. + +[131] Ridpath's Border History, p. 706. + +[132] Apostolic Ministry of the Scottish Church, p. 211. + +[133] Book of Discipline, chap. vii. + +[134] Border Papers, vol. i. p. 125. + +[135] Border Papers, vol. ii. p. 323. + +[136] Border Papers, vol. i. p. 494. + +[137] Border Papers, vol. ii. p. 316. + +[138] Principal Fairbairn. + + + + +Transcriber's Notes: + +Passages in italics are indicated by _underscore_. + +Superscripted letters are shown in {brackets}. + +Additional spacing after some of the quotes is intentional to indicate +both the end of a quotation and the beginning of a new paragraph as +presented in the original text. + +Footnote 71 does not contain a page number in the orignal. + +Footnote 117 reads "Uunti" in the text, although it most likely should +be "Until." + +Some quotes are opened with marks but are not closed. Obvious errors +have been silently closed, while those requiring interpretation have +been left open. + +The following misprints have been corrected: + "neigbourhood" corrected to "neighbourhood" (page 21) + "my my" corrected to "my" (page 29) + "neigbours corrected to "neighbours" (page 40) + "lord s" corrected to "lord's" (page 45) + "fourand" corrected to "four-and" (page 195) + "the the" corrected to "the" (page 209) + "philosopical" corrected to "philosophical" (page 243) + "implicity" corrected to "implicitly" (page 270) + "fiercly" corrected to "fiercely" (page 303) + "deficiences" corrected to "deficiencies" (page 304) + "Dnmfries" corrected to "Dumfries" (footnote 25) + +Other than the corrections listed above, printer's inconsistencies in +spelling and hyphenation usage have been retained. + + + + + +End of Project Gutenberg's Border Raids and Reivers, by Robert Borland + +*** END OF THIS PROJECT GUTENBERG EBOOK BORDER RAIDS AND REIVERS *** + +***** This file should be named 32005.txt or 32005.zip ***** +This and all associated files of various formats will be found in: + https://www.gutenberg.org/3/2/0/0/32005/ + +Produced by Chris Curnow and the Online Distributed +Proofreading Team at https://www.pgdp.net. (This file was +produced from images generously made available by The +Internet Archive.) + + +Updated editions will replace the previous one--the old editions +will be renamed. + +Creating the works from public domain print editions means that no +one owns a United States copyright in these works, so the Foundation +(and you!) can copy and distribute it in the United States without +permission and without paying copyright royalties. Special rules, +set forth in the General Terms of Use part of this license, apply to +copying and distributing Project Gutenberg-tm electronic works to +protect the PROJECT GUTENBERG-tm concept and trademark. Project +Gutenberg is a registered trademark, and may not be used if you +charge for the eBooks, unless you receive specific permission. If you +do not charge anything for copies of this eBook, complying with the +rules is very easy. You may use this eBook for nearly any purpose +such as creation of derivative works, reports, performances and +research. They may be modified and printed and given away--you may do +practically ANYTHING with public domain eBooks. Redistribution is +subject to the trademark license, especially commercial +redistribution. + + + +*** START: FULL LICENSE *** + +THE FULL PROJECT GUTENBERG LICENSE +PLEASE READ THIS BEFORE YOU DISTRIBUTE OR USE THIS WORK + +To protect the Project Gutenberg-tm mission of promoting the free +distribution of electronic works, by using or distributing this work +(or any other work associated in any way with the phrase "Project +Gutenberg"), you agree to comply with all the terms of the Full Project +Gutenberg-tm License (available with this file or online at +https://gutenberg.org/license). + + +Section 1. General Terms of Use and Redistributing Project Gutenberg-tm +electronic works + +1.A. By reading or using any part of this Project Gutenberg-tm +electronic work, you indicate that you have read, understand, agree to +and accept all the terms of this license and intellectual property +(trademark/copyright) agreement. If you do not agree to abide by all +the terms of this agreement, you must cease using and return or destroy +all copies of Project Gutenberg-tm electronic works in your possession. +If you paid a fee for obtaining a copy of or access to a Project +Gutenberg-tm electronic work and you do not agree to be bound by the +terms of this agreement, you may obtain a refund from the person or +entity to whom you paid the fee as set forth in paragraph 1.E.8. + +1.B. "Project Gutenberg" is a registered trademark. It may only be +used on or associated in any way with an electronic work by people who +agree to be bound by the terms of this agreement. There are a few +things that you can do with most Project Gutenberg-tm electronic works +even without complying with the full terms of this agreement. See +paragraph 1.C below. There are a lot of things you can do with Project +Gutenberg-tm electronic works if you follow the terms of this agreement +and help preserve free future access to Project Gutenberg-tm electronic +works. See paragraph 1.E below. + +1.C. The Project Gutenberg Literary Archive Foundation ("the Foundation" +or PGLAF), owns a compilation copyright in the collection of Project +Gutenberg-tm electronic works. Nearly all the individual works in the +collection are in the public domain in the United States. If an +individual work is in the public domain in the United States and you are +located in the United States, we do not claim a right to prevent you from +copying, distributing, performing, displaying or creating derivative +works based on the work as long as all references to Project Gutenberg +are removed. Of course, we hope that you will support the Project +Gutenberg-tm mission of promoting free access to electronic works by +freely sharing Project Gutenberg-tm works in compliance with the terms of +this agreement for keeping the Project Gutenberg-tm name associated with +the work. You can easily comply with the terms of this agreement by +keeping this work in the same format with its attached full Project +Gutenberg-tm License when you share it without charge with others. + +1.D. The copyright laws of the place where you are located also govern +what you can do with this work. Copyright laws in most countries are in +a constant state of change. If you are outside the United States, check +the laws of your country in addition to the terms of this agreement +before downloading, copying, displaying, performing, distributing or +creating derivative works based on this work or any other Project +Gutenberg-tm work. The Foundation makes no representations concerning +the copyright status of any work in any country outside the United +States. + +1.E. Unless you have removed all references to Project Gutenberg: + +1.E.1. The following sentence, with active links to, or other immediate +access to, the full Project Gutenberg-tm License must appear prominently +whenever any copy of a Project Gutenberg-tm work (any work on which the +phrase "Project Gutenberg" appears, or with which the phrase "Project +Gutenberg" is associated) is accessed, displayed, performed, viewed, +copied or distributed: + +This eBook is for the use of anyone anywhere at no cost and with +almost no restrictions whatsoever. You may copy it, give it away or +re-use it under the terms of the Project Gutenberg License included +with this eBook or online at www.gutenberg.org + +1.E.2. If an individual Project Gutenberg-tm electronic work is derived +from the public domain (does not contain a notice indicating that it is +posted with permission of the copyright holder), the work can be copied +and distributed to anyone in the United States without paying any fees +or charges. If you are redistributing or providing access to a work +with the phrase "Project Gutenberg" associated with or appearing on the +work, you must comply either with the requirements of paragraphs 1.E.1 +through 1.E.7 or obtain permission for the use of the work and the +Project Gutenberg-tm trademark as set forth in paragraphs 1.E.8 or +1.E.9. + +1.E.3. If an individual Project Gutenberg-tm electronic work is posted +with the permission of the copyright holder, your use and distribution +must comply with both paragraphs 1.E.1 through 1.E.7 and any additional +terms imposed by the copyright holder. Additional terms will be linked +to the Project Gutenberg-tm License for all works posted with the +permission of the copyright holder found at the beginning of this work. + +1.E.4. Do not unlink or detach or remove the full Project Gutenberg-tm +License terms from this work, or any files containing a part of this +work or any other work associated with Project Gutenberg-tm. + +1.E.5. Do not copy, display, perform, distribute or redistribute this +electronic work, or any part of this electronic work, without +prominently displaying the sentence set forth in paragraph 1.E.1 with +active links or immediate access to the full terms of the Project +Gutenberg-tm License. + +1.E.6. You may convert to and distribute this work in any binary, +compressed, marked up, nonproprietary or proprietary form, including any +word processing or hypertext form. However, if you provide access to or +distribute copies of a Project Gutenberg-tm work in a format other than +"Plain Vanilla ASCII" or other format used in the official version +posted on the official Project Gutenberg-tm web site (www.gutenberg.org), +you must, at no additional cost, fee or expense to the user, provide a +copy, a means of exporting a copy, or a means of obtaining a copy upon +request, of the work in its original "Plain Vanilla ASCII" or other +form. Any alternate format must include the full Project Gutenberg-tm +License as specified in paragraph 1.E.1. + +1.E.7. Do not charge a fee for access to, viewing, displaying, +performing, copying or distributing any Project Gutenberg-tm works +unless you comply with paragraph 1.E.8 or 1.E.9. + +1.E.8. You may charge a reasonable fee for copies of or providing +access to or distributing Project Gutenberg-tm electronic works provided +that + +- You pay a royalty fee of 20% of the gross profits you derive from + the use of Project Gutenberg-tm works calculated using the method + you already use to calculate your applicable taxes. The fee is + owed to the owner of the Project Gutenberg-tm trademark, but he + has agreed to donate royalties under this paragraph to the + Project Gutenberg Literary Archive Foundation. Royalty payments + must be paid within 60 days following each date on which you + prepare (or are legally required to prepare) your periodic tax + returns. Royalty payments should be clearly marked as such and + sent to the Project Gutenberg Literary Archive Foundation at the + address specified in Section 4, "Information about donations to + the Project Gutenberg Literary Archive Foundation." + +- You provide a full refund of any money paid by a user who notifies + you in writing (or by e-mail) within 30 days of receipt that s/he + does not agree to the terms of the full Project Gutenberg-tm + License. You must require such a user to return or + destroy all copies of the works possessed in a physical medium + and discontinue all use of and all access to other copies of + Project Gutenberg-tm works. + +- You provide, in accordance with paragraph 1.F.3, a full refund of any + money paid for a work or a replacement copy, if a defect in the + electronic work is discovered and reported to you within 90 days + of receipt of the work. + +- You comply with all other terms of this agreement for free + distribution of Project Gutenberg-tm works. + +1.E.9. If you wish to charge a fee or distribute a Project Gutenberg-tm +electronic work or group of works on different terms than are set +forth in this agreement, you must obtain permission in writing from +both the Project Gutenberg Literary Archive Foundation and Michael +Hart, the owner of the Project Gutenberg-tm trademark. Contact the +Foundation as set forth in Section 3 below. + +1.F. + +1.F.1. Project Gutenberg volunteers and employees expend considerable +effort to identify, do copyright research on, transcribe and proofread +public domain works in creating the Project Gutenberg-tm +collection. Despite these efforts, Project Gutenberg-tm electronic +works, and the medium on which they may be stored, may contain +"Defects," such as, but not limited to, incomplete, inaccurate or +corrupt data, transcription errors, a copyright or other intellectual +property infringement, a defective or damaged disk or other medium, a +computer virus, or computer codes that damage or cannot be read by +your equipment. + +1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except for the "Right +of Replacement or Refund" described in paragraph 1.F.3, the Project +Gutenberg Literary Archive Foundation, the owner of the Project +Gutenberg-tm trademark, and any other party distributing a Project +Gutenberg-tm electronic work under this agreement, disclaim all +liability to you for damages, costs and expenses, including legal +fees. YOU AGREE THAT YOU HAVE NO REMEDIES FOR NEGLIGENCE, STRICT +LIABILITY, BREACH OF WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE +PROVIDED IN PARAGRAPH F3. YOU AGREE THAT THE FOUNDATION, THE +TRADEMARK OWNER, AND ANY DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE +LIABLE TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR +INCIDENTAL DAMAGES EVEN IF YOU GIVE NOTICE OF THE POSSIBILITY OF SUCH +DAMAGE. + +1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you discover a +defect in this electronic work within 90 days of receiving it, you can +receive a refund of the money (if any) you paid for it by sending a +written explanation to the person you received the work from. If you +received the work on a physical medium, you must return the medium with +your written explanation. The person or entity that provided you with +the defective work may elect to provide a replacement copy in lieu of a +refund. If you received the work electronically, the person or entity +providing it to you may choose to give you a second opportunity to +receive the work electronically in lieu of a refund. If the second copy +is also defective, you may demand a refund in writing without further +opportunities to fix the problem. + +1.F.4. Except for the limited right of replacement or refund set forth +in paragraph 1.F.3, this work is provided to you 'AS-IS' WITH NO OTHER +WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO +WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR ANY PURPOSE. + +1.F.5. Some states do not allow disclaimers of certain implied +warranties or the exclusion or limitation of certain types of damages. +If any disclaimer or limitation set forth in this agreement violates the +law of the state applicable to this agreement, the agreement shall be +interpreted to make the maximum disclaimer or limitation permitted by +the applicable state law. The invalidity or unenforceability of any +provision of this agreement shall not void the remaining provisions. + +1.F.6. INDEMNITY - You agree to indemnify and hold the Foundation, the +trademark owner, any agent or employee of the Foundation, anyone +providing copies of Project Gutenberg-tm electronic works in accordance +with this agreement, and any volunteers associated with the production, +promotion and distribution of Project Gutenberg-tm electronic works, +harmless from all liability, costs and expenses, including legal fees, +that arise directly or indirectly from any of the following which you do +or cause to occur: (a) distribution of this or any Project Gutenberg-tm +work, (b) alteration, modification, or additions or deletions to any +Project Gutenberg-tm work, and (c) any Defect you cause. + + +Section 2. Information about the Mission of Project Gutenberg-tm + +Project Gutenberg-tm is synonymous with the free distribution of +electronic works in formats readable by the widest variety of computers +including obsolete, old, middle-aged and new computers. It exists +because of the efforts of hundreds of volunteers and donations from +people in all walks of life. + +Volunteers and financial support to provide volunteers with the +assistance they need are critical to reaching Project Gutenberg-tm's +goals and ensuring that the Project Gutenberg-tm collection will +remain freely available for generations to come. In 2001, the Project +Gutenberg Literary Archive Foundation was created to provide a secure +and permanent future for Project Gutenberg-tm and future generations. +To learn more about the Project Gutenberg Literary Archive Foundation +and how your efforts and donations can help, see Sections 3 and 4 +and the Foundation web page at https://www.pglaf.org. + + +Section 3. Information about the Project Gutenberg Literary Archive +Foundation + +The Project Gutenberg Literary Archive Foundation is a non profit +501(c)(3) educational corporation organized under the laws of the +state of Mississippi and granted tax exempt status by the Internal +Revenue Service. The Foundation's EIN or federal tax identification +number is 64-6221541. Its 501(c)(3) letter is posted at +https://pglaf.org/fundraising. Contributions to the Project Gutenberg +Literary Archive Foundation are tax deductible to the full extent +permitted by U.S. federal laws and your state's laws. + +The Foundation's principal office is located at 4557 Melan Dr. S. +Fairbanks, AK, 99712., but its volunteers and employees are scattered +throughout numerous locations. Its business office is located at +809 North 1500 West, Salt Lake City, UT 84116, (801) 596-1887, email +business@pglaf.org. Email contact links and up to date contact +information can be found at the Foundation's web site and official +page at https://pglaf.org + +For additional contact information: + Dr. Gregory B. Newby + Chief Executive and Director + gbnewby@pglaf.org + + +Section 4. Information about Donations to the Project Gutenberg +Literary Archive Foundation + +Project Gutenberg-tm depends upon and cannot survive without wide +spread public support and donations to carry out its mission of +increasing the number of public domain and licensed works that can be +freely distributed in machine readable form accessible by the widest +array of equipment including outdated equipment. Many small donations +($1 to $5,000) are particularly important to maintaining tax exempt +status with the IRS. + +The Foundation is committed to complying with the laws regulating +charities and charitable donations in all 50 states of the United +States. Compliance requirements are not uniform and it takes a +considerable effort, much paperwork and many fees to meet and keep up +with these requirements. We do not solicit donations in locations +where we have not received written confirmation of compliance. To +SEND DONATIONS or determine the status of compliance for any +particular state visit https://pglaf.org + +While we cannot and do not solicit contributions from states where we +have not met the solicitation requirements, we know of no prohibition +against accepting unsolicited donations from donors in such states who +approach us with offers to donate. + +International donations are gratefully accepted, but we cannot make +any statements concerning tax treatment of donations received from +outside the United States. U.S. laws alone swamp our small staff. + +Please check the Project Gutenberg Web pages for current donation +methods and addresses. Donations are accepted in a number of other +ways including including checks, online payments and credit card +donations. To donate, please visit: https://pglaf.org/donate + + +Section 5. General Information About Project Gutenberg-tm electronic +works. + +Professor Michael S. Hart was the originator of the Project Gutenberg-tm +concept of a library of electronic works that could be freely shared +with anyone. For thirty years, he produced and distributed Project +Gutenberg-tm eBooks with only a loose network of volunteer support. + + +Project Gutenberg-tm eBooks are often created from several printed +editions, all of which are confirmed as Public Domain in the U.S. +unless a copyright notice is included. Thus, we do not necessarily +keep eBooks in compliance with any particular paper edition. + + +Most people start at our Web site which has the main PG search facility: + + https://www.gutenberg.org + +This Web site includes information about Project Gutenberg-tm, +including how to make donations to the Project Gutenberg Literary +Archive Foundation, how to help produce our new eBooks, and how to +subscribe to our email newsletter to hear about new eBooks. diff --git a/32005.zip b/32005.zip Binary files differnew file mode 100644 index 0000000..07663c2 --- /dev/null +++ b/32005.zip diff --git a/LICENSE.txt b/LICENSE.txt new file mode 100644 index 0000000..6312041 --- /dev/null +++ b/LICENSE.txt @@ -0,0 +1,11 @@ +This eBook, including all associated images, markup, improvements, +metadata, and any other content or labor, has been confirmed to be +in the PUBLIC DOMAIN IN THE UNITED STATES. + +Procedures for determining public domain status are described in +the "Copyright How-To" at https://www.gutenberg.org. + +No investigation has been made concerning possible copyrights in +jurisdictions other than the United States. Anyone seeking to utilize +this eBook outside of the United States should confirm copyright +status under the laws that apply to them. diff --git a/README.md b/README.md new file mode 100644 index 0000000..ae3f95c --- /dev/null +++ b/README.md @@ -0,0 +1,2 @@ +Project Gutenberg (https://www.gutenberg.org) public repository for +eBook #32005 (https://www.gutenberg.org/ebooks/32005) |
