Border Raids and Reivers. Borland Robert
dismal picture of the poverty of the people.
Even as late as the 16th century there were few well-formed roads, other than those already mentioned. There were no posts, either for letters or for travelling. Education was confined to the library of the Convent, where the sons of the barons were taught dialectic and grammar. Society consisted mainly of the agricultural class, who were half enslaved to the lords of the soil, and obliged to follow them in war. The people were fearfully rude and ignorant, much more so than the English – in this respect, indeed, contrasting unfavourably with almost any other European State. Few of them could either read or write; even the most powerful barons were often unable to sign their names. As might be expected in such a condition of society, the nobles exercised great oppression on the poor. The Government of the country was a mere faction of the nobility as against all the rest. It is said that when a man had a suit at law he felt he had no chance without using “influence.” Was he to be tried for an offence, his friends considered themselves bound to muster in arms around the court to see that he got justice; that is, to get him off unpunished if they could. Men were accustomed to violence in all forms as to their daily bread. “The hail realm of Scotland was sae divided in factions that it was hard to get any peaceable man as he rode out the hie way, to profess himself openly, either to be a favourer to the King or Queen. All the people were castin sae lowss, and were become of sic dissolute minds and actions, that nane was in account but he that could either kill or reive his neighbours.”15
Such facts as these indicate in a remarkable way the extraordinary weakness of the executive government. It is abundantly evident that the Scottish Parliament was most exemplary in passing measures for the protection and amelioration of the people, but as Buchanan naively remarks, “There was ane Act of Parliament needed in Scotland, a decree to enforce the observance of the others.” The King’s writ did not run in many districts of the country. The unfortunate element in the situation was that it did not always coincide with the interests of the nobles to see that the decrees of the Estates were carried into effect; and as a general rule what did not happen to accord with their humour was set aside as of no moment. The consequence was that many Acts of Parliament, relating especially to the abnormal condition of the Borders, were no sooner passed than they were treated as practically obsolete. This accounts for the curious fact that we find the legislature returning again and again, at brief intervals, to the consideration of the same questions, and issuing orders which might as well never have been recorded. When the counsels of a nation are thus divided, and especially when those who are charged with the administration of the law pay no regard to it, in their own persons, it would be a marvel if lawlessness in its multifarious forms did not become the dominant characteristic of the great body of the people. That this was the result produced is painfully evident. The great barons were practically supreme within their own domains, for while the execution of the laws might nominally pertain to the Sovereign, the soldiers belonged to their Chiefs, and were absolutely at their command. Laws which cannot be enforced at the point of the sword must in the nature of the case remain practically inoperative. This unfortunate condition of affairs was a fruitful source of misery and mischief, especially on the Borders, where the prevalence of the clan-system conferred on the Chiefs the most arbitrary and far-reaching powers. Had there been any possibility of bringing the Border barons under effective governmental control “the thefts, herschips, and slaughters,” for which this district was so long notorious, would have been in great part prevented. These men not only incited to crime, but standing as they did between the ruler and the ruled, they threw the ægis of their protection over the lawless and disobedient.
If only that nation is to be reckoned happy which has few laws, but is accustomed to obey them, then Scotland, and the Borders in particular, must have been in a most unfortunate condition during a lengthened period of its history. The laws passed were numerous; the obedience rendered most difficult to discover. But while these enactments rarely succeeded in producing the results aimed at, they are, notwithstanding, exceedingly valuable to the historian because of the interesting light they cast on the conditions and habits of the people. In the year 1567, in the first Parliament of James VI., an important Act was passed, entitled “Anent Theft and Receipt of Theft, Taking of Prisoners by Thieves, or Bands for Ransoms, and Punishment of the same.” It relates especially to the Sheriffdoms of Selkirk, Roxburgh, Peebles, Dumfries, and Edinburgh, “and other inhabitants of the remanent Shires of the Realm,” bearing that it is not unknown of the continual theft, reif, and oppression committed within the bounds of the said Sheriffdoms, by thieves, traitors, and other ungodly persons, having neither fear of God nor man, which is the chief cause of the said thefts. And that the said thieves and “broken men” commit daily “thefts, reifs, herschips, murders, and fire raisings” upon the peaceable subjects of the country, “besides also takes sundrie of them,” detains them in captivity as prisoners, ransoms them, “or lettis them to borrowis for their entrie again.” In like manner, it is said, divers subjects of the inland, take and sit under their assurance paying them blackmail, and permitting them to “reif, herrie, and oppress their nichtbouris” with their knowledge and in their sight, without resistance or contradiction.
To remove these inconveniences it was statute and ordained that whoever receipted, fortified, maintained, or gave meat, harbourage, or assistance to any thieves in their theftuous stealing or deeds, either coming thereto, or passing therefrom, or intercommunes or trysts with them, without licence of the keeper of the country, where the thief remains shall be called therefore at particular diets “criminally other airt and pairt in their theftuous deeds,” or proceeded against civilly, after fifteen days warning, “without diet or tabill.” It was further ordained under pain of lese majesty, that no true and faithful lieges taken by these men should be holden to enter to them, all bonds to the contrary notwithstanding. And if anyone should happen to take and apprehend any of the said thieves, either in passing to commit said theft, or in the actual doing thereof, or in their returning thencefrom, he was in no case to set them at liberty; but to present them before the Justice, and his deputies in the tolbooth of Edinburgh, within fifteen days, “gif their takeris justifye them not to the death them selfis.” Further, it was ordained that none take assurance, or sit under assurance of said thieves, or pay them blackmail, or give them meat or drink, under pain of death. In like manner when thieves repaired to steal or reive within the incountry the lieges were commanded to rise, cry, and raise the fray and follow them, coming or going, on horse and foot, for recovery of the goods stolen, and apprehending of their persons, under pain of being held partakers in the said theft. It was also added that if any open and notorious thief came to a house, the owner of the house might apprehend him without reproach.16
These enactments are at once minute and comprehensive, and had the power to enforce them corresponded in any degree with the good intentions of those who framed them, there would have been a considerable change produced in the affairs of the Border. But the truth is these so-called statutes were but little better than mere “pious opinions,” reflecting credit on those responsible for them, but producing no impression, or next to none, on the country. Not many years after the passing of these Acts we find the Estates busy at work again passing measure after measure for the quieting of the disordered subjects on the Borders, for the staunching of theft and slaughter, and the punishment of “wicked thieves and limmers.” Things had gone from bad to worse. Every man’s hand was against his neighbour. Clan rose against clan; the Scotts and the Kerrs, the Maxwells and Johnstones, were constantly embroiled in petty warfare, the results of which, however, were sometimes most disastrous. “The broken men” – Græmes, Armstrongs, Bells, and other inhabitants of the Debateable land – finding it either unsafe or inconvenient to commit such frequent “herschips” on the English border, betook themselves with all their accustomed enthusiasm to the plundering of their Scottish neighbours. They are described as “delighting in all mischief, and maist unnaturally and cruelly wasting and destroying, harrying and slaying, their own neighbours.” The Privy Council at last determined to deal with these matters, and arranged to sit on the first day of every month in the year for this purpose. Trial and injunction was to be taken of the diligence done in the execution of things directed the month preceding, and of things necessary and expedient to be put in execution during the next month to come, and that a special register be kept of all that shall happen to be done and directed in matters concerning the quietness
History of James VI.
Skene’s Acts of Parliament.