Border Raids and Reivers Part 3

"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 n.o.bles.

"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 ill.u.s.tration 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 sch.e.l.lis, 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 's.e.x 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 b.u.t.tocks 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 a.s.sist 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 a.s.sistance 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 circ.u.mstances. 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 Amba.s.sador, 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 princ.i.p.al 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 rest.i.tution 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 rest.i.tution 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 circ.u.mstances 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 circ.u.mscribed 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 prost.i.tuted their high office to secure their own ends. The wardens themselves were often the princ.i.p.al 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 n.o.bility 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 const.i.tute 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 a.s.sistance 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 a.s.sist 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 a.s.sistance afforded to Robert Rutherford, called c.o.kburn, and John Rutherford, called Jok of the Green, and their accomplices, rebels and at the horn; permitting them to pa.s.s 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 pa.s.s within their limits and to remain therein beyond the s.p.a.ce of twelve hours, to commit sundry crimes during the time of their pa.s.sing 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 hors.e.m.e.n. 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 trespa.s.sers 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 cla.s.sed 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 a.s.saulting subjects and liege-men of Scotland.