Border Raids and Reivers

by Robert Borland

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 constitute 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 assistance 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 assist 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 assistance afforded to Robert Rutherford, called Cokburn, and John Rutherford, called Jok of the Green, and their accomplices, rebels and at the horn; permitting them to pass 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 pass within their limits and to remain therein beyond the space of twelve hours, to commit sundry crimes during the time of their passing 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 horsemen. 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 trespassers 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 classed 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.