Chapter 3

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]