Chapter 17

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.