Border Raids and Reivers

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

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