Chapter 4

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.