* * * * *
In the following passages, extracted from the memoirs of Sir Robert
Carey, then deputy of his father, Lord Hunsdon, warden of the east
marches, afterwards Earl of Monmouth, the reader will find a lively
illustration of the sketch given of border manners in the preceding
Introduction.
"Having thus ended with my brother, I then beganne to thinke of the
charge I had taken upon mee, which was the government of the east
march, in my father's absence. I wrote to Sir Robert Kerr[68], who was
my opposite warden, a brave active young man, and desired him that hee
would appoint a day, when hee and myselfe might privately meet in
some part of the border, to take some good order for the quieting the
borders, till my retourne from London, which journey I was shortly of
necessity to take. Hee stayed my man all night, and wrote to mee back,
that hee was glad to have the happinesse to be acquainted with mee,
and did not doubt but the country would be better governed by our good
agreements. I wrote to him on the Monday, and the Thursday after hee
appointed the place and hour of meeting.
[Footnote 68: Sir Robert Kerr of Cessford, warden of the middle
marches, and ancestor of the house of Roxburghe.]
"After hee had filled my man with drinke, and putt him to bed, hee,
and some halfe a score with him, gott to horse, and came into England
to a little village. There hee broke up a house, and tooke out a poore
fellow, who (hee pretended) had done him some wrong, and before the
doore cruelly murthered him, and so came quietly home, and went to
bed. The next morning hee delivered my man a letter in answer to mine,
and retourned him to mee. It pleased mee well at the reading of his
kinde letter; but when I heard what a _brave_ hee had put upon mee, I
quickly resolved what to do, which was, never to have to do with him,
till I was righted for the greate wrong hee had done mee. Upon this
resolution, the day I should have mett with him I tooke post, and with
all the haste I could, rode to London, leaving him to attend my coming
to him as was appointed. There hee stayed from one till five, but
heard no news of mee. Finding by this that I had neglected him, hee
retourned home to his house, and so things rested (with greate dislike
the one of the other) till I came back, which was with all the speede
I could, my businesse being ended. The first thing I did after my
retourne, was to ask justice for the wrong hee had done mee; but I
could gett none. The borderers, seeing our disagreement, they thought
the time wished for of them was come. The winter being beganne, their
was roades made out of Scotland into the east march, and goods were
taken three or foure times a weeke. I had no other meanes left to
quiet them, but still sent out of the garrison horsemen of Berwick, to
watch in the fittest places for them, and it was their good hap many
times to light upon them, with the stolen goods driving before them.
They were no sooner brought before mee, but a jury went upon them,
and, being found guilty, they were frequently hanged: a course which
hath been seldom used, but I had no way to keep the country quiet but
to do so; for, when the Scotch theeves found what a sharp course I
tooke with them, that were found with the bloody hand, I had in a
short time the country more quiet. All this while wee were but in jest
as it were, but now beganne the greate quarrell betweene us.
"There was a favorite of his, a greate theife, called Geordie Bourne.
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 fellowes, driving
of cattle before them. The garrison set upon them, and with a shott
killed Geordie Bourne's unckle, and hee himselfe bravely resisting
till he was sore hurt in the head, was taken. After hee was taken, his
pride was such, as hee asked, who it was that durst avow that nightes
worke? but when hee heard it was the garrison, he was then more
quiet. But so powerfull and awfull was this Sir Robert Kerr, and his
favourites, as there was not a gentleman in all the east march that
durst offend them. Presently after hee was taken, I had most of the
gentlemen of the march come to mee, and told mee, that now I had the
ball at my foote, and might bring Sir Robert Kerr to what conditions I
pleased; for that this man's life was so neere and deare unto him, as
I should have all that my heart could desire, for the good and quiet
of the country and myselfe, 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 hee was found guilty of MARCH TREASON. Then they
feared that I would cause him to be executed that afternoone, which
made them come flocking to mee, humbly entreating mee, that I would
spare his life till the next day, and if Sir Robert Kerr came not
himselfe to mee, and made mee not such proffers, as I could not but
accept, that then I should do with him what I pleased. And further,
they told mee plainly, that if I should execute him, before I had
heard from Sir Robert Kerr, they must be forced to quitt their houses
and fly the country; for his fury would be such, against mee and the
march I commanded, as hee would use all his power and strength to the
utter destruction of the east march. They were so earnest with mee,
that I gave them my word hee should not dye that day. There was
post upon post sent to Sir Robert Kerr, 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 afternoone, but, by
their humble suite, I gave them my word, that he should not dye that
day; and therefore besought him, that hee would send to mee, with all
the speede hee could, to let mee know, that hee would be the next day
with mee to offer mee 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 tooke one of my men's liveryes, and putt it about
mee, and tooke two other of my servants with mee in their liveryes,
and we three, as the warden's men, came to the provost marshall's,
where Bourne was, and were lett into his chamber. Wee sate down by
him, and told him, that wee were desirous to see him, because wee
heard hee was stoute and valiant, and true to his friend; and that
wee were sorry our master could not be moved to save his life. He
voluntarily of himselfe said, that hee had lived long enough to do
so many villainies as hee had done; and withal told us, that hee had
layne with about forty men's wives, what in England, what in Scotland;
and that hee had killed seven Englishmen with his own hands, cruelly
murthering them: that hee had spent his whole time in whoreing,
drinking, stealing, and taking deep revenge for slight offences.
Hee seemed to be very penitent, and much desired a minister for the
comfort of his soule. Wee promised him to lett our master know his
desire, who, wee knew, would presently grant it. Wee tooke our leaves
of him, and presently I tooke order, that Mr. Selby, a very worthy
honest preacher, should go to him, and not stirre 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 tooke order,
that at the gates opening the next morning, hee should be carried to
execution, which accordingly was performed. The next morning I had one
from Sir Robert Kerr for a parley, who was within two miles staying
for mee. I sent him word, "I would meet him where hee pleased, but I
would first know upon what termes and conditions." Before his man was
retourned, hee had heard, that in the morning, very early, Geordie
Bourne had been executed. Many vowes hee made of cruell revenge,
and retourned home full of griefe and disdaine, and, from that time
forward still plotted revenge. Hee knew the gentlemen of the country
were altogether sacklesse, and to make open road upon the march would
but shew his malice, and lay him open to the punishment due to such
offences. But his practice was how to be revenged on mee, or some of
mine.
"It was not long after that my brother and I had intelligence, that
there was a great match made at footeball and the chiefe ryders were
to be there. The place they were to meet at was Kelsy, and that day,
wee heard it, was the day for the meeting. Wee presently called a
counsaile, and after much dispute it was concluded, that the likeliest
place hee was to come to, was to kill the scoutes. And it was the more
suspected, for that my brother, before my coming to the office, for
the cattaile stolne out of the bounds, and as it were from under the
walles of Barwicke, being refused justice (upon his complaint,) or at
least delaid, sent off the garrison into Liddisdale, and killed there
the chiefe offender, which had done the wrong.
"Upon this conclusion, there was order taken, that both horse and
foote should lye in ambush, in diverse parts of the boundes, to defend
the scoutes, and to give a sound blow to Sir Robert and his company.
Before the horse and foote were sett out with directions what to
do, it was almost darke night, and the gates ready to be lockt. Wee
parted, and as I was by myselfe comeing to my house, God put it into
my mind, that it might well be, hee meant destruction to my men,
that I had sent out to gather tithes for mee at Norham, and their
rendezvous was every night to lye and sup at an ale-house in Norham.
I presently caused my page to take horse, and to ride as fast as his
horse could carry him, and to command my servants (which were in all
eight) that, presently upon his coming to them, they should all change
their lodging, and go streight to the castle, there to lye that night
in strawe and hay. Some of them were unwilling thereto, but durst
not disobey; so altogether left their ale-house, and retired to the
castle. They had not well settled themeselves to sleep, but they
heard in the town a great alarm; for Sir Robert and his company came
streight to the ale-house, broke open the doors, and made enquiry for
my servants. They were answered, that by my command they were all in
the castle. After they had searched all the house, and found none,
they feared they were betrayed, and, with all the speede they could,
made haste homewards again. Thus God blessed me from this bloody
tragedy.
"All the whole march expected nightly some hurt to be done; but God so
blessed mee and the government I held, as, for all his fury, hee never
drew drop of blood in all my march, neither durst his theeves trouble
it much with stealing, for fear of hanging, if they were taken. Thus
wee continued a yeare, and then God sent a meanes to bring thinges to
better quiet by this occasion.
"There had been commissioners in Barwicke, chosen by the queene and
king of Scottes, for the better quieting of our borders. By their
industry they found a great number of malefactors guilty, both in
England and Scotland; and they tooke order, that the officers of
Scotland should deliver such offenders, as were found guilty in their
jurisdictions, to the opposite officers in England, to be detained
prisoners, till they had made satisfaction for the goods they had
taken out of England. The like order was taken with the wardens of
England, and days prefixed for the delivery of them all. And in case
any of the officers, on either side, should omit their duties, in not
delivering the prisoners at the dayes and places appointed, that then
there should a course be taken by the soveraignes, that what chiefe
officer soever should offend herein, he himself should be delivered
and detained, till he had made good what the commissioners had agreed
upon.
"The English officers did punctually, at the day and place, deliver
their prisoners, and so did most of the officers of Scotland; only
the Lord of Bocleuch and Sir Robert Kerr were faultie. They were
complained of, and new dayes appointed for the delivery of their
prisoners. Bocleuch was the first, that should deliver; and hee
failing entered himselfe prisoner into Barwicke, there to remaine till
those officers under his charge were delivered to free him. He
chose for his guardian Sir William Selby, master of the ordinance at
Barwicke. When Sir Robert Kerr's day of delivery came, he failed too,
and my Lord Hume, by the king's command, was to deliver him prisoner
into Barwicke upon the like termes, which was performed. Sir Robert
Kerr (contrary to all men's expectation) chose mee for his guardian,
and home I brought him to my own house, after hee was delivered to
mee. I lodged him as well as I could, and tooke order for his diet,
and men to attend on him, and sent him word, that (although by his
harsh carriage towards mee, ever since I had that charge, he could
not expect any favour, yet) hearing so much goodness of him, that hee
never broke his word, if hee should give mee his hand and credit to be
a true prisoner, hee would have no guard sett upon him, but have free
liberty for his friends in Scotland to have ingresse and regresse to
him as oft as hee pleased. He tooke this very kindly at my handes,
accepted of my offer, and sent me thankes.
"Some four dayes passed; all which time his friends came into him, and
hee kept his chamber. Then hee sent to mee, and desired mee, I would
come and speake with him, which I did; and after long discourse,
charging and re-charging one another with wrong and injuries, at
last, before our parting, wee became good friends, with greate
protestations, on his side, never to give mee occasion of unkindnesse
again. After our reconciliation hee kept his chamber no longer, but
dined and supt with mee. I tooke him abroad with mee at the least
thrice a weeke, a hunting, and every day wee grew better friends.
Bocleuch, in a few dayes after, had his pledges delivered, and was
set at liberty. But Sir Robert Kerr could not get his, so that I was
commanded to carry him to Yorke, and there to deliver him prisoner to
the archbishop, which accordingly I did. At our parting, he professed
greate love unto mee for the kinde usage I had shewn him, and that I
would find the effects of it upon his delivery, which hee hoped would
be shortly.
"Thus wee parted; and, not long after, his pledges were gott, and
brought to Yorke, and hee sett at liberty. After his retourne home,
I found him as good as his word. Wee met oft at dayes of truce, and I
had as good justice as I could desire; and so wee continued very kinde
and good friends, all the time that I stayed in that march, which was
not long."
APPENDIX, No. III.
MAITLAND'S COMPLAYNT AGANIS THE THIEVIS OF LIDDISDAIL,
FROM PINKERTON'S EDITION, COLLATED WITH A MS. OF MAITLAND'S POEMS, IN
THE LIBRARY OF EDINBURGH COLLEGE.
* * * * *
Of Liddisdail the commoun theifis
Sa peartlie steillis now and reifis,
That nane may keip
Horse, nolt, nor scheip,
Nor yett dar sleip
For their mischeifis.
Thay plainly throw the country rydis,
I trow the mekil devil thame gydis!
Quhair they onsett,
Ay in thair gaitt,
Thair is na yet
Nor dor, thame bydis.
Thay leif rich nocht, quhair ever thay ga;
Thair can na thing be hid thame fra;
For gif men wald
Thair housis hald,
Than waxe thay bald,
To burne and slay.
Thay thiefs have neirhand herreit hail,
Ettricke forest and Lawderdaill;
Now are they gane,
In Lawthiane;
And spairis nane
That thay will waill.
Thay landis ar with stouth sa socht,
To extreame povertye ar broucht,
Thay wicked schrowis
Has laid the plowis,
That nane or few is
That are left oucht.
Bot commoun taking of blak mail,
Thay that had flesche, and breid and aill,
Now are sa wrakit,
Made bair and nakit,
Fane to be slaikit
With watter caill.
Thay theifs that steillis and tursis hame,
Ilk ane of them has ane to-name[69];
Will of the Lawis,
Hab of the Schawis:
To mak bair wawis
Thay thinke na schame.
Thay spuilye puir men of their pakis,
Thay leif them nocht on bed nor bakis;
Baith hen and cok,
With reil and rok,
The Lairdis Jok,
All with him takis.
Thay leif not spindell, spoone, nor speit;
Bed, boster, blanket, sark, nor scheit;
Johne of the Parke
Ryps kist and ark;
For all sic wark
He is richt meit.
He is weil kend, John of the Syde;
A greater theif did never ryde.
He never tyris
For to brek byris:
Ouir muir and myris
Ouir gude ane gyde.
Thair is ane, callet Clement's Hob,
Fra ilk puir wyfe reifis the wob,
And all the lave,
Quhatever they haife,
The devil recave
Thairfoir his gob.
To sic grit stouth quha eir wald trow it,
Bot gif some great man it allowit
Rycht sair I trow
Thocht it be rew:
Thair is sa few
That dar avow it.
Of sum great men they have sic gait,
That redy are thame to debait,
And will up weir
Thair stolen geir;
That nane dare steir
Thame air nor late.
Quhat causis theifis us ourgang,
Bot want of justice us amang?
Nane takis cair,
Thocht all for fear;
Na man will spair
Now to do wrang.
Of stouth thocht now thay come gude speid,
That nother of men nor God has dreid;
Yet, or I die,
Sum sail thame sie,
Hing on a trie
Quhill thay be deid--
_Quo_' Sir R.M. _of_ Lethington, _knicht_.
[Footnote 69: Owing to the marchmen being divided into large clans,
bearing the same sirname, individuals were usually distinguished
by some epithet, derived from their place of residence, personal
qualities, or descent. Thus, every distinguished moss-trooper had,
what is here called, a _to-name_, or _nom de guerre_, in addition to
his family name.]
APPENDIX, No. IV.
BOND OF ALLIANCE, OR FEUD STAUNCHING,
BETWIXT THE CLANS OF SCOTT AND KER.
* * * * *
The battle of Melrose (see Introduction, p. xvii.) occasioned a deadly
feud betwixt the name of Scott and Ker. The following indenture was
designed to reconcile their quarrel. But the alliance, if it ever took
effect, was not of long duration; for the feud again broke out about
1553, when Sir Walter Scott was slain by the Kers, in the streets of
Edinburgh.
"Thir indentures, made at Ancrum the 16th of March, 1529 years,
contains, proports, and bears leil and suithfast witnessing. That it
is appointed, agreed, and finally accorded betwixt honourable men;
that is to say, Walter Ker of Cessford, Andrew Ker of Fairnieherst,
Mark Ker of Dolphinston, George Kerr, tutor of Cessford, and Andrew
Ker of Primesideloch, for themselves, kin, friends, mentenants,
assisters, allies, adherents, and partakers, on the one part; and
Walter Scot of Branxholm, knight, Robert Scot of Allanhaugh, Robert
Scot, tutor of Howpaisly, John Scot of Roberton, and Walter Scot of
Stirkshaws, for themselves, their kin, friends, mentenants, servants,
assisters, and adherents, on the other part; in manner, form, and
effect, as after follows: For staunching all discord and variance
betwixt them, and for furth-bearing of the king's authority, and
punishing trespasses, and for amending all slaughters, heritages, and
steedings, and all other pleas concerning thereto, either of these
parties to others, and for unité, friendship, and concord, to be had
in time coming 'twixt them, of our sovereign lord's special command:
that is to say, either of the said parties, be the tenor hereof,
remits and forgives to others the rancour, hatred, and malice of their
hearts; and the said Walter Scot of Branxholm shall gang, or cause
gang, at the will of the party, to the four head pilgrimages of
Scotland, and shall say a mass for the souls of umquhile Andrew Ker
of Cessford, and them that were slain in his company, in the field
of Melrose; and, upon his expence, shall cause a chaplain say a mass
daily, when he is disposed, in what place the said Walter Ker and his
friends pleases, for the well of the said souls, for the space of five
years next to come.--Mark Ker of Dolphinston, Andrew Kerr of Graden,
shall gang, at the will of the party, to the four head pilgrimages
of Scotland, and shall gar say a mass for the souls of umquhile James
Scot of Eskirk, and other Scots, their friends, slain in the field
of Melrose; and, upon their expence, shall gar a chaplain say a mass
daily, when he is disposed, for the heal of their souls, where the
said Walter Scot and his friends pleases, for the space of three years
next to come: and the said Walter Scot of Branxholm shall marry his
son and heir upon one of the said Walter Ker his sisters; he paying,
therefor, a competent portion to the said Walter Ker and his heir, at
the sight of the friends of baith parties. And also, baith the saids
parties bind and oblige them, be the faith and truth of their bodies,
that they abide at the decreet and deliverance of the six men chosen
arbiters, anent all other matters, quarrels, actiones, and debates,
whilk either of them likes to propone against others betwixt the saids
parties: and also the six arbiters are bound and obliged to decreet
and deliver, and give forth their deliverance thereuntil, within
year and day after the date hereof.--And attour, either of the saids
parties bind and oblige them, be the faith and truth of their bodies,
ilk ane to others, that they shall be leil and true to others, and
neither of them will another's skaith, but they shall let it at their
power, and give to others their best counsel, and it be asked; and
shall take leil and aeffald part ilk ane with others, with their kin,
friends, servants, allies, and partakers, in all and sundry their
actions, quarrels, and debates, against all that live and die (may the
allegiance of our sovereign lord the king allenarly be excepted).--And
for the obliging and keeping all thir premises above written, baith
the saids parties are bound and obliged, ilk ane to others, be the
faith and truth of their bodies, but fraud or guile, under the pain
of perjury, men-swearing, defalcation, and breaking of the bond of
deadly. And, in witness of the whilk, ilk ane to the procuratory of
this indenture remain with the said Walter Scot and his friends, the
said Walter Ker of Cessford has affixed his proper seal, with his
subscription manual, and with the subscription of the said Andrew
Ker of Fairnieherst, Mark Ker of Dolphinston, George Ker, tutor of
Cessford, and Andrew Ker of Primesideloch, before these witnesses, Mr.
Andrew Drurie, abbot of Melrose, and George Douglas of Boonjedward,
John Riddel of that ilk, and William Stewart.
_Sic Subscribitur_,
WALTER KER of Cessford.
ANDREW KER of Fairnieherst.