Border Raids and Reivers

by Robert Borland

The third way of dealing with bills was by a “Vower.” The significance of this method is fully explained by Sir Robert Bowes, who says:—“The inquest or assise of Scotlande, notwithstanding their othe, would in no wyse fynde a bill to be true, nor fyll any Scottis man upon an Englishman’s complaynte unles the Englishman could fynde an inhabitant of Scotlande, that would avow openly to the inquest, or secretlye to the warden, or some of the inquest, that the complaynte was treue, and the partie complayned upon culpable thereof, otherwise althoughe the matter was ever so notoryously knowne by the Englishman, their evydence would not serve to secure a conviction.”

It frequently happened, on the occasion of these meetings, that “bogus” bills were presented, a custom which gave the officials a great deal of unnecessary labour. The commissioners, in referring to this reprehensible practice, remark that “it hath been perceived of late that, since the order was begun by the Warden to speire, fyle, and deliver, upon their Honour, that some ungodly Persons have made complaint, and billed for Goods lost where none was taken from them, and so troubled the Wardens, causing them to speire and search for the Thing that was never done.”[41] It was therefore statute and ordained that all persons guilty of this offence should be delivered to the opposite warden to be punished, imprisoned, and fined at the discretion of the same warden whom he had troubled.

Another formidable difficulty with which the wardens had to contend on these occasions, was in estimating the value of the goods for which redress was claimed. In making up a bill the complainant was strongly tempted to put an absurd value on the gear, or cattle, which had been stolen from him. Had he always got as much as he claimed he would soon have been enormously enriched by the loss of his property! The commissioners were therefore under the necessity of drawing out a scale of charges for the guidance of the warden courts. The following are the prices fixed by this tribunal:—“Every Ox, above Four Year old, Fourty Shillings Sterling; every Cow, above Four Year old, Thirty Shillings Sterling; and every Young Cow, above Two Years old, Twenty Shillings Sterling; every other Beast, under Two Years old, Ten Shillings Sterling; every old Sheep, Six Shillings Sterling; and every Sheephogge, Three Shillings Sterling; every old Swine, above One Year old, Six Shillings Sterling; every young Swine, Two Shillings Sterling; every Goat, above One Year old, Five Shillings Sterling; every young Goat, Two Shillings Sterling; and every Double Toope to be valued after the rate of the Single.”[42]

These prices, judged by the standard of the present day, seem absurdly low, but they may be accepted as representing the average rate of prices obtainable, three hundred years ago, for the various classes of stock mentioned.

It was the duty of the wardens to have the offenders in custody, against whom bills had been presented, in readiness to answer, and in case the bills were “fouled” he was bound to deliver them up to the opposite warden, by whom they were imprisoned until they had paid a single and two doubles, that is to say, treble the value of the estimated goods in the bill. To produce these men was generally the most difficult part of the warden’s duty. He could not keep them in confinement until the day of truce, for, independently they were sometimes persons of power and rank, their numbers were too great to be retained in custody. The wardens, therefore, usually took bonds from the Chief, kinsmen, or allies of the accused party, binding him or them to enter him prisoner within the iron gate of the warden’s castle, or else to make him forthcoming when called for. He against whom a bill was twice fouled, was liable to the penalty of death. If the offender endeavoured to rescue himself after being lawfully delivered over to the opposite warden, he was liable to the punishment of death, or otherwise at the warden’s pleasure, as being guilty of a breach of the assurance.[43]

It would seem to have been customary on a day of truce to enumerate the various bills “fouled” on either side, and then to strike a balance, showing on which side most depredations had been committed. It occasionally happened that the claims of both parties were so numerous and complicated, the same person frequently appearing both as plaintiff and defendant, that it was deemed prudent to draw a veil over the whole proceedings, and give satisfaction to neither party, thus wiping out, as it were, with a stroke of the pen, and without further parleying, all the claims which had been lodged. This mode of procedure, arbitrary though it may appear, did not, as a rule, result in serious injustice being done to either party.

The offences dealt with were of a varied character. Reiving was only one of the many ways in which the Borderers sought to enrich themselves at the expense of their neighbours in the opposite March. They had an eye to the land as well as to the cattle. It was customary for them not only to pasture their stock on the enemy’s territory, but to sow corn, cut down wood, and go hunting and hawking for pleasure as well as profit. Sir Robert Cary, one of the most vigorous of the English wardens, was determined that hunting without leave should not be carried on in his wardenry. He wrote to the laird of Ferniherst, the warden opposite, explaining his views, but, “notwithstanding this letter,” he says, “within a month after they came and hunted as they used to do without leave, and cut down wood and carried it away. I wrote to the warden, and told him I would not suffer one other affront, but if they came again without leave they would dearly aby[44] it. For all this they would not be warned; but towards the end of the summer they came again to their wonted sports. I sent my two deputies with all speed they could make, and they took along with them such gentlemen as were in their way, with my forty horse, and about one of the clock they came to them, and set upon them; some hurt was done, but I gave special order they should do as little hurt, and shed as little blood, as they possibly could. They observed my command, only they broke all their carts, and took a dozen of the principal gentlemen that were there, and brought them to me to Witherington, where I lay. I made them welcome, and gave them the best entertainment I could. They lay in the castle two or three days, and so I sent them home—they assuring me that they would never again hunt without leave, which they did truly perform all the time.”[45]

This firm, but kindly method, was entirely satisfactory; and, had the Borders only been blessed with a succession of Carys in the various wardenries, the probability is that Border reiving would never have attained such portentous dimensions.

But despite the masterful management of men like Cary, such questions as those we have mentioned continued to occupy the time and attention of the warden courts. The freebooters on the Border never considered too closely the minute shades of difference between meum and tuum, and were difficult to persuade that depasturing, or cutting wood in a neighbour’s plantation, was a matter of any real importance. They were at all times disposed to put a liberal construction on the words—“The earth is the Lord’s and the fulness thereof.” Their somewhat loose interpretation of this ancient Hebrew maxim occasioned them no end of vexation and trouble.

But the settlement of Border affairs on the day of truce did not interfere with the ancient custom which entitled the person who was robbed to follow his goods on what was called the hot-trod, and mete out summary punishment to the offender—provided he could overtake him. The warden also was enjoined, in the Act of 1563, to pursue and chase in hot-trod, unto such time or place as the fugitives or offender be apprehended, to bring him again within his own jurisdiction to be punished for the offence, “as appertaineth;” “and that without let, trouble, or impediment to be made or done to him by any of the inhabitants of that realm wherein he pursueth.” And if any person should make resistance to the said warden in the foresaid pursuit he was to be billed for, and delivered to the warden. In the following of the said chase, in the manner aforesaid, it was thought convenient, and ordained, that the pursuer shall, at the first town he cometh by of the opposite realm, or the first person he meeteth with, give knowledge of the occasion of his chase, and require him to go with him in the said pursuit. If the offender was caught red-handed he was executed; but if the desire for gain was stronger than the thirst for blood, then he was held at ransom. The prey was followed with hound and horn, hue and cry, the pursuers carrying on the point of their spears a lighted piece of turf.