The long-enduring system of predatory warfare carried on by the
borderers against England rendered them a lawless set at all times;
but in the present state of the government, they were unusually
troublesome. ‘In all this time,’ says the _Diurnal of Occurrents_,
‘frae the queen’s grace’ putting in captivity to this time, the
thieves of Liddesdale made great hership on the poor labourers of
the ground, and that through wanting of justice; for the realm was
sae divided in sundry factions and conspirations, that there was nae
authority obeyed, nor nae justice execute.’--_D. O._
[Sidenote: 1567.]
Sir Richard Maitland of Lethington gives us a lively description of
these men and their practices:
‘Of Liddesdale the common thieves
Sae pertly steals now and reaves,
That nane may keep
Horse, nolt, or sheep,
For their mischieves.
They plainly through the country rides,
I trow the meikle De’il them guids,
Where they onset,
Ay in their gait,
There is nae yett,
Nor door, them bides.
Thae thieves that steals and turses[40] hame
Ilk ane of them has ane to-name,[41]
_Will of the Laws_,
_Hab of the Shaws_;
To mak bare wa’s,
They think nae shame.
They spulyie puir men of their packs,
They leave them nought on bed nor balks,[42]
Baith hen and cock,
With reel and rock,
The _Laird’s Jock_
All with him taks.
They leave not spendle, spoon, nor spit,
Bed, bolster, blanket, sark, nor sheet;
John of the Park
Rypes[43] kist and ark;
For all sic wark
He is right meet.
He is weel-kenned, _Jock of the Syde_,
A greater thief did never ride.
He never tires
For to break byres;
O’er muir and mires,
O’er guid ane guide....
Of stouth[44] though now they come good speed,
That nother of God nor men has dread,
Yet or[45] I die,
Some shall them see
Hing on a tree,
While[46] they be dead.’[47]
If it was at this time, as is likely, that Sir Richard wrote these
verses, he might well calculate on the vigour of the Regent while
prophesying sad days for the Border men.
‘... there was ane proclamation [October 10], to meet the Regent in
Peebles upon the 8 of November next, for the repressing of the thieves
in Annandale and Eskdale; but my Lord Regent thinking they wald get
advertisement, he prevented the day, and came over the water secretly,
and lodged in Dalkeith; this upon the 19 day [October]; and upon the
morrow he departed towards Hawick, where he came both secretly and
suddenly, and there took thirty-four thieves, whom he partly caused
hang and partly drown; five he let free upon caution; and upon the 2nd
day of November, he brought other ten with him to Edinburgh, and there
put them in irons.’--_Bir._
We have some trace of these men in the Lord Treasurer’s accounts
as inmates of the Tolbooth of Edinburgh. On the 30th of November,
thirty-two pounds are paid to Andro Lindsay, keeper of that prison, for
the furnishing of meat and drink to Robert Elliot, alias _Clement’s
Hob_, and Archy Elliot, called _Archy Kene_. On the same day,
twenty-three pounds four shillings are disbursed for a month’s board
in the same black hotel, for ‘Robert Elliot, called _Mirk Hob_; Gavin
Elliot, called _Gawin of Ramsiegill_; Martin Elliot, called _Martin of
Heuchous_; Robert Elliot, son to _Elder Will_; Robert Elliot, called
the _Vicar’s Rob_; Robert Elliot, called _Hob of Thorlieshope_; Dandy
Grosar, called _Richardtoncleucht_; and Robert Grosar, called _Son to
Cockston_.’
[Sidenote: 1567.]
In an act of the Privy Council, 6th November 1567, it is alleged that
the thieves of Liddesdale, and other parts of the Scottish Border,
have been in the habit, for some time past, of taking sundry persons
prisoners, and giving them up upon ransom--exactly the conduct of
the present banditti of the Apennines. It is also averred that many
persons are content to pay ‘black-mail’ to these thieves, and sit
under their protection, ‘permittand them to reif, herry, and oppress
their neighbours in their sicht, without contradiction or stop.’ Such
practices were now forbidden under severe penalties; and it was
enjoined that ‘when ony companies of thieves or broken men comes ower
the swires within the in-country,’ all dwelling in the bounds shall
‘incontinent cry on hie, raise the fray, and follow them, as weel in
their in-passing as out-passing,’ in order to recover the property
which may have been stolen.
* * * * *
Walter Scott of Harden, a famous Border chief, was this year married
to Mary Scott of Dryhope, commonly called the _Flower of Yarrow_. The
pair had six sons, from five of whom descended the families of Harden
(which became extinct); Highchesters, now represented by Lord Polwarth,
Raeburn (from which came Sir Walter Scott of Abbotsford), Wool, and
Synton; and six daughters, all of whom were married to gentlemen of
figure, and all had issue.
It is a curious consideration to the many descendants of Walter Scott
of Harden, that his marriage-contract is signed by a notary, because
none of the parties could write their names. The father-in-law, Scott
of Dryhope, bound himself to find Harden in horse meat and man’s meat,
at his own house, for a year and day; and five barons engaged that he
should remove at the expiration of that period, without attempting to
continue in possession by force.
Harden was a man of parts and sagacity, and living to about the year
1629, was popularly remembered for many a day thereafter under the name
of ‘Auld Watt.’ One of his descendants relates the following anecdote
of him:--‘His sixth son was slain at a fray, in a hunting-match, by
Scott of Gilmanscleuch. His brothers flew to arms; but the old laird
secured them in the dungeon of his tower, hurried to Edinburgh, stated
the crime, and obtained a gift of the lands of the offenders from the
crown. He returned to Harden with equal speed, released his sons, and
shewed them the charter. “To horse, lads!” cried the savage warrior,
“and let us take possession! The lands of Gilmanscleuch are well worth
a dead son.”’[48]
* * * * *
[Sidenote: OCT. 30.]
Bessie Tailiefeir, in the Canongate, Edinburgh, having slandered
Bailie Thomas Hunter by saying ‘he had in his house ane false stoup
[measure],’ which was found not to be true, she was sentenced to be
[_brankit_] and set on the Cross for an hour.[49]
[Sidenote: 1567.]
The punishment of branking, which was a customary one for scolds,
slanderers, and other offenders of a secondary class, consisted in
having the head enclosed in an iron frame, from which projected a kind
of spike, so as to enter the mouth and prevent speech.
[Illustration: The Branks.]
[Sidenote: NOV. 20.]
Charles Sandeman, cook, on being made a member of the guild of
Edinburgh, came under an obligation that, from that time forth, ‘he
sall not be seen upon the causey,’ like other cooks, carrying meat
to sell in common houses, but cause his servants pass with the same;
and ‘he sall hald his tavern on the Hie Gait ... and behave himself
honestly in all time coming, under pain of escheat of his wines.’--_E.
C. R._
* * * * *
[Sidenote: NOV. 24.]
‘... At 2 afternoon, the Laird of Airth and the Laird of Wemyss met
upon the Hie Gait of Edinburgh; and they and their followers faught a
very bluidy skirmish, where there was many hurt on both sides with shot
of pistol.’--_Bir._ Apparently in consequence of this affair, there
was, on the 27th, ‘a strait proclamation,’ discharging the wearing of
culverins, dags, pistolets, or ‘sic other firewerks,’ with injunctions
that any one contravening should be seized and subjected to summary
trial, ‘as gif they had committit recent slauchters.’--_P. C. R._
This is the first of a series of street-fights by which the Hie Gait
of Edinburgh was reddened during the reign of James VI., and which
scarcely came to an end till his English reign was far advanced. It is
worthy of note that _sword and buckler_ were at this time the ordinary
gear of gallant men in England--a comparatively harmless furnishing;
but we see that small firearms were used in Scotland.
* * * * *
[Sidenote: 1567.