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But a still more striking ill.u.s.tration 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 princ.i.p.al 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 a.s.signed by the King for the adoption of this shuttle-c.o.c.k 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 Nor did it greatly tend to soothe his wounded feelings to reflect that the person by whom he had been superseded would be certain before long to be hurled from his proud eminence and another put in his place.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 d.a.m.ned 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 t.i.tle, 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 In January, 1585, four years after he had come into possession, Parliament rescinded the Attainder, and declared that the t.i.tle and the estates were to be conferred on the Regent Morton's lawful heir.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 a.s.sistance 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 circ.u.mstances 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 a.s.sist 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 circ.u.mstances 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 a.s.sault 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 n.o.bleman of great spirit, humane, courteous, and more learned than n.o.blemen 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 princ.i.p.als 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 circ.u.mstances 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 a.s.sa.s.sination, 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 a.s.sa.s.sin, 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 a.s.surance." 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 a.s.sert 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 princ.i.p.al 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 "a.s.sythment," 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 a.s.sociated 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 a.s.sertion, 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 a.s.sure 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 ill.u.s.trations 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 circ.u.mstances 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 hara.s.sing 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 a.s.sistance 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 a.s.sist them in the work of plunder. This was one of the offences charged against c.o.c.kburn 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 a.s.sistance 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, ill.u.s.trate the difficulty of maintaining order when the upper cla.s.ses 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 rest.i.tution,--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 acc.u.mpaneit to the watter of Roulle, quhair he tuik divers brokin men and brocht thame to Jeduart; of quhom sum was justifyeit, and the princ.i.p.allis 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 c.u.n.trey 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, encompa.s.sed 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 a.s.sailant, 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 mora.s.ses. 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 s.p.a.ce 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 n.o.bles 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 embarra.s.sing restraints of const.i.tuted 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 a.s.surances 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 a.s.sociates, 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 circ.u.mstances. 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 hors.e.m.e.n. 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 gra.s.s nags,[65] such as they could get on a sudden; and G.o.d 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 G.o.d'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.

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Border Raids and Reivers Part 6 summary

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