of the lands, should find sufficient caution and surety, under pain of rebellion, to bring all persons guilty of “reife, theft, receipt of theft, depredations, open and avowed fire-raisings, upon deadly feud, protected and maintained by their masters,” before “our sovereign lord’s Justice,” to underlie the law for the same. Failing their doing so, the landlords and bailies were bound to satisfy the party skaithed, and to refund, content, and pay to them their “herschips and skaithes.” And further, the chief of the clan, in the bounds where “broken men” dwell, and to which “broken men” repair in their passing to steal and reive, or returning therefrom, shall be bound to make the like stay and arrestment, and publication as the landlords or bailies, and be subject to the like redress, criminal and civil, in case of their failure and negligence. In addition to the foregoing ordinances, it was resolved that all Captains, Chiefs, and Chieftains of the clans, dwelling on the lands of divers landlords, shall enter pledges for those over whom they exercise authority, upon fifteen days’ notice, before his Highness and his secret Council, said pledges to be placed as his Highness shall deem convenient – “for the good rule in time coming, according to the conditions above written whereunto the landlords and bailies are subject; under the pain of the execution of the said pledges to the death, and no redress made by the persons offended for whom the pledges lie.”
We also learn from another Act of Parliament, passed at the same time, that all pledges received for the good rule and quietness of the Border shall be placed on the north side of the water of Forth, without exception or dispensation; and the pledges for the good rule of the Highlands and Isles, to be placed on the south side of the same water of Forth.
But one of the most extraordinary Acts passed by this Parliament was an Act forbidding the Scottish Borderers to marry the daughters of the “broken men” or thieves of England, as it was declared this was “not only a hindrance to his Majesty’s service and obedience, but also to the common peace and quietness betwixt both the Realms.” It was therefore statute and ordained “that nane of the subjects presume to take upon hand to marrie with onie English woman, dwelling in the opposite Marches, without his Highness’ express licence, had and obtained to that effect, under the great Seal; under the paine of death, and confiscation of all his goods moveable; and this be a special point of dittay in time cumming.”
These enactments were doubtless well meant, and under ordinary circumstances might have been expected to bring about beneficial results; but unfortunately they were treated with callous indifference. No improvement was effected. The “broken men” were not to be intimidated by such measures. They laughed at Parliament, and scorned the laws. This is brought out in the most conclusive manner in the records of the State Paper Office, as we shall have occasion to point out in succeeding chapters. But proof of another kind lies ready to hand. An Act of Parliament was passed in 1593, just six years after those already noticed, in which complaint is made of the rebellious contempt of his Highness’ subjects who, without regard of their dutiful obedience, pass daily to the horn, “for not finding of law surety;” and “for not subscribing of assurances in matter of feud,” and for “dinging and stricking his Majesty’s messengers,” in execution of their offices. Notice is also taken of some who nightly and daily reive, foray, and commit open theft and oppression: “for remead whereof, our said Sovereign Lord, ordains the Acts and laws made before to be put to execution, and ratifies and approves the same in all points.” It was further ordained that no respite or remission was to be granted at any time hereafter to any person or persons that pass to the horn for “theft, reif, slauchter, burning or heir-shippe, while the party skaithed be first satisfied; and gif ony respite or remission shall happen to be granted, before the partie grieved be first satisfied, the samin shall be null and of nane avail, be way of exception or reply, without any further declaritour; except the saidis remissiones and respittes be granted, for pacifying of the broken Countries and Borders.”17
These may be regarded as fair samples of the long list of measures passed at different times by the Scottish Parliament for the regulation of Border affairs during the reign of the Jameses. In reading them one is forcibly reminded of a remark made by one of the English wardens, that “things were very tickle on the Scottish Border.” No respect was paid to the law, either by the Chiefs or their clansmen. In the preface to Cary’s Memoirs, these Scottish Borderers are described as “equalling the Caffirs in the trade of stealing, and the Hottentots in ignorance and brutality.” This savage indictment is borne out by Sir William Bowes who, in a letter to Burghley in the year 1593 – nearly forty years after the Reformation – thus writes: – “The opposite wardens and officers being always Borderers bred and dwelling there, also cherish favourites and strengthen themselves by the worst disposed, to support their factions. And as they are often changed by the King for their misdemeanours, the new man always refuses to answer for attempts before his time. Cessford the warden cannot answer for the whole Middle March, but must seek to Fernihirst for one part, and Buccleuch for Teviotdale.
“Execrable murders are constantly committed, whereof 4 new complaints were made to the lords in the few days they were here, and 3 others this month in Atholstonmoor. The gentlemen of the Middle March recount out of their memories nearly 200 Englishmen, miserably murdered by the Scots, since the tenth year of her Majesty’s reign, for which no redress hath at all been made… I have presumed to testify this much to your lordship more tediously than I should; yet will be ready to do more particularly, if you direct me. Praying you to receive from some other, equally heedful of truth – and in meantime trusting you will cover my name from undeserved offence – I pray God to make you an instrument under our gracious sovereign to cure the aforesaid gangrene thus noisomely molesting the foot of this kingdom.”18
This “gangrene” was of long standing, and as we shall find was not to be easily eradicated.
But while poverty, – largely due to circumstances over which the people had no control, – and lawlessness, – the result of the inherent weakness of the central government, – had much to do in creating that condition of affairs on the Borders which we have briefly described, there were other and perhaps more potent causes which demand consideration. Foremost among these was the almost entire absence of the restraints and sanctions of religion. In one of the Acts of Parliament already noticed it is significantly declared that one of the principal causes of the lawlessness of the Borders was that “they had neither the fear of God nor man.” To those familiar with certain phases of Border history this may appear somewhat anomalous. At an early period in the religious life of Scotland this district was brought under the influence of the Evangel by St. Aidan and St. Cuthbert. That the work of these missionaries was signally successful, is shown in the large number of churches planted all over the Borderland. After the time of Queen Margaret, whose influence in certain directions was almost marvellously potent, the great religious houses of the Borders rose in rapid succession, such as Melrose, Kelso, and Jedburgh, each a centre and source of religious and social wellbeing. The moral life of the people, notwithstanding the existence of such beneficent institutions, may have been of an indifferent character; but what the state of matters might have been, had those places, and what they represented, never been in existence at all, it is impossible to conceive. It was a true instinct which led the people to regard the Abbey of Haddington as the “Lamp of the Lothians.” And the same designation might have been applied with equal appropriateness to every Abbey in the country. Those places for many generations represented all that was highest and best in the thought and life of Mediævalism. Here law and order were supreme. Round those religious houses industrial, orderly communities sprang up, whose influence was felt throughout the length and breadth of the land. The Monasteries may deserve all that was said of them in later times, but, throughout a considerable period of their history, their influence was almost wholly beneficial. Scotland owes much to them, and there is no reason why the fact should not be generously recognised. It is no doubt true that, for some considerable time before the Reformation, those great institutions had sadly degenerated. “Jeshurun waxed fat and kicked.” The time came when they had, perforce, to yield to those disintegrating processes which usually herald the advent of reform. The old order changeth. The new wine of a democratic Protestantism, in which the claims of the individual, his right to think for himself, and form his own judgments, are prominent ingredients, agreed but indifferently with the old