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 assertion, 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 assure 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 illustrations 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 circumstances 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 harassing 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 assistance 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 assist them in the work of plunder. This was one of the offences
charged against Cockburn 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 assistance 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,
illustrate the difficulty of maintaining order when the upper classes 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 restitution,--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 accumpaneit to
the watter of Roulle, quhair he tuik divers brokin men and brocht thame to
Jeduart; of quhom sum was justifyeit, and the principallis 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 cuntrey 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, encompassed 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 assailant, 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 morasses. 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 space 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
nobles 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 embarrassing restraints
of constituted 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 assurances 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 associates, 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 circumstances. 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 horsemen. 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 grass nags,[65] such as they could get on a sudden; and God 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 God'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.
LIDDESDALE LIMMERS.
"_Wicked thieves and limmers._"
ACT OF PARLIAMENT.
"Thir limmer thieves, they have good hearts,
They nevir think to be o'erthrown;
Three banners against Weardale men they bare,
As if the world had been their own."
ROOKHOPE RYDE.