This form of government, so essentially patriarchal in its nature, is at once the most simple and universal. It is derived from the most primitive idea of authority exercised by a father over his family. Among nations of a Celtic origin this system was universal. Indeed, it is generally held that it is a system peculiar to Celtic tribes. How it came to be established on the Borders is a question which is not easily solved. Sir Walter Scott is of opinion that the system was originally derived from the inhabitants of the western portion of Valentia, who remained unsubdued by the Saxons, and by those of Reged, and the modern Cumberland. He says that the system was not so universal on the eastern part of the Marches, or on the opposite Borders of England. There were many families of distinction who exercised the same feudal and territorial authority that was possessed by other landlords throughout England. But in the dales of Rede and Tyne, as well as in the neighbouring county of Cumberland, the ancient custom of clanship prevailed, and consequently the inhabitants of those districts acted less under the direction of their landlords than under that of the principal men of their name.[72]

It is important that this fact should be kept steadily in mind, as the mode of government, of living, and of making war, adopted by the Borderers on both sides, seems to have been in great measure the consequence of the prevailing system of clanship.

It is the simplest of all possible systems of government. The Chief was not only the legislator and captain and father of the tribe, but it was to him that each individual of the name looked up for advice, subsistance, protection, and revenge.

In “Skene’s Acts of Parliament” a Roll of the Border clans is given, from which it would appear that there were seventeen distinct septs, or families, mostly in the south-western portion of the Scottish Borders. The Middle March was inhabited by Elliots, Armstrongs, Nicksons, and Crosiers. The West March by Scotts, Beatisons, Littles, Thomsones, Glendinnings, Irvinges, Belles, Carrutherses, Grahams, Johnstones, Jardines, Moffettes, and Latimers. These clans are described as having “Captaines, Chieftaines, quhome on they depend, oft-times against the willes of their Landislordes.” “Ilk ane o’ them,” according to Maitland, had a to-name, or nickname, as it is commonly called now-a-days. This was a matter of necessity, as otherwise it would have been exceedingly difficult to distinguish the different members of the sept. These to-names are often suggestive and amusing, as most of them are based on some physical or moral peculiarity. In the year 1583 Thomas Musgrave sent an interesting letter to Burghley, Chancellor to Queen Elizabeth, in which he gives a list of the Armstrongs and Elliots. “I understand,” he says, “that your lordship is not well acquainted with the names of the waters, and the dwelling places of the riders and ill-doers both of England and Scotland.... May it please, therefore, your lordship to understand, that the ryver Lyddal is a fayre ryver, and hath her course doun by Lyddisdall, so as the dale hath the name of the ryver.... I shall therefore set downe the Ellottes of the head of Lyddall as my skyll will afforde, that your lordship may know the better when their deeds shall come in question. The Ellotes of Lyddisdall:—Robin Ellot of the Redheugh, Chiefe of the Ellottes; Will Ellot of Harskarth his brother; Gebbe Ellot his brother; Adam Ellot of the Shaws; Arche Ellot called Fyre the brayes; Gybbe Ellot of the Shawes; Gorth Simson; Martin Ellot called Rytchis Martin. All these are Robin Ellotes brethren, or his men that are daly at his commandement. The grayne of the Ellotes called the Barneheedes:—Joke Ellot called Halfe loges. The grayne of the Ellottes of the Bark:—Sims Johne Ellot of the Park; Will Ellot, gray Willie; Hobbe Ellot called Scotes Hobbe; Johne Ellot of the Park; Jem Ellote called gray Wills Jeme; Hobbe Ellot called Hobbs Hobbe. The grayne of Martin Ellot of Bradley:—Gowan Ellot called the Clarke; Hobbe Ellot his brother; Arche Ellot his brother; Joke Ellot called Copshawe; John Ellot of Thornesope; Will Ellot of the Steele; Dand Ellot of the Brandley; John Ellot of the same; Seme Ellot of Hardin. All theise Ellots and manie more of them are at Robin Ellot’s commandment and dwell betwixt the Armstrongs in Lyddisdall and Whethough town—fewe of them marryed with Englishe women.” Then follows a long list of the “Armstrongs of Mangerton,” and of the “Howse of Whetaughe Towre.” Some of the names in the list are amusingly suggestive—“Seme Armestronge lord of Mangerton marryed John Foster’s daughter of Kyrshopefoot; Joke Armestronge called the “lord’s Joke” dwelleth under Dennyshill besides Kyrsope in Denisborne, and married Anton Armestrong’s daughter of Wylyare in Gilsland; Johne Armestronge called “the lordes Johne,” marryet Rytche Grayme’s sister.... Thomas Armestrong called “the lordes Tome.”... Runyon Armestrong called “the lordes Runyon.”... Thom Armestronge Sims Thom, marryed Wat Storyes daughter of Eske, called Wat of the Hare ends.”[73]

We also read of “Thomas Abye,” “Gawins Will,” “Red Andrew,” “Bangtale,” “Ould Hector of Harlaw,” “Stowlugs,” “Cokespoole,” “Skinabake,” “Carhand,” “Hob the Tailor,” “Redneb,” &c.

Among the Elliots we find such to-names as “Long John,” “John the Child,” “John Cull the spade,” “Bessie’s Wife’s Riche,” “Robin the Bastard of Glenvoren,” &c. One of the family of Nixon was known as “Ill Drooned Geordie,” a name which seems to indicate that the person who bore it had had at one time or another a narrow escape from what perhaps was his righteous doom. “Wynking Will,”[74] “Wry-Crag,” “David the Leddy,” and “Hob the King,” are sufficiently explicit.

These are a fair sample of the to-names by which the thieves of Liddesdale were distinguished. It must be admitted, however, that many of them are not quite so respectable as those given, and would hardly admit of reproduction in a modern book. The men to whom they were assigned must have been regarded, one would naturally suppose, as utterly disreputable characters, even by those who associated with them in the invidious calling to which they were devoted.

It is probable that the men of Liddesdale were to a certain extent corrupted by their propinquity to the lawless hordes which inhabited the Debateable land. This was a tract of country lying between the Esk and the Sark, of some fifty or sixty square miles in extent, which was regarded as belonging neither to the one kingdom nor the other. Here the “Genius of Misrule,” for many generations, held all but undisputed sway. The Græmes, Littles, and Bells, and other “broken men” of equally unenviable reputation, found in this district a convenient centre for conducting their marauding exploits. It was a matter of no moment to them whether their victims belonged to the one country or the other. They were as destitute of patriotism as of the other virtues. When they were hard driven by the English, they claimed the protection of the Scottish warden; and when he in his turn had accounts to settle with them, they appealed to his English rival in office to shield them from vengeance. In this way they often succeeded in escaping the punishment due to their misdeeds, where others, less happily circumstanced, would have been speedily compelled to “underlie the law.” In course of time this state of matters became intolerable, and it was resolved by the Scottish Council in the year 1552 that this district should be divided, the one part to be placed under the jurisdiction of England, the other under that of Scotland. Accordingly, a Commission, on which were representatives of both nations, was appointed to settle, if possible, this long-standing difficulty. These commissioners were allowed the utmost freedom of judgment in fixing upon a proper boundary line, as both governments were agreed that minor difficulties, as to the extent of territory to be allocated to the one country or the other, should not be allowed to stand in the way. The final decision was not so easily arrived at as might, in the circumstances, have been expected. The Scots drew the line considerably to the south, the English to the north, of the boundary finally agreed upon. After considerable discussion, a line was ultimately fixed which satisfied both parties, and a turf dyke was built, stretching from the Sark to the Esk, which is still known as the Scots Dyke.

This was an important step. The boundary was finally settled. The wardens knew the precise limits to which their power and authority extended, and were thus in a position to discharge the duties of their office with more assured certainty of success. But, as might have been anticipated, the fixing of a boundary line did not eradicate, or even to any great extent restrain, the thieving propensities of the lawless inhabitants of this district. The Debateable land continued to nourish “ane great company of thieves and traitores, to the great hurt and skaith of the honest lieges” as in times by-past. But a good beginning had been made in fixing the boundaries, and in course of time more favourable results ensued.

It would be unwarrantable to assert that the Liddesdale thieves attained their unenviable notoriety entirely owing to their intimate association with the fierce banditti to whom reference has been made. The Armstrongs and Elliotts needed no encouragement in the carrying on of their nefarious business of plunder. They were evidently heartily in love with their calling, and were never happier than when engaged in a marauding expedition. But apart from the fact that “evil communications corrupt good manners,” the near neighbourhood of the Debateable land constituted an indirect incentive to crime. In the great deer forests of the Highlands there are what are called “sanctuaries,” or places to which the deer may resort to escape the huntsman. We are told that when they are disturbed on the mountains, they at once make for the protected area, where they know they are safe from pursuit. The Debateable land constituted for generations just such a “sanctuary,” or place of refuge for Border thieves. Here they were comparatively safe. The district formed a little kingdom by itself. Within this region the law was comparatively powerless.