The Warden would swear on his honour that the felon had been rightly put on trial.
At the 'Day of Truce', whatever method of trial was resorted to during the centuries that the Border Law prevailed, the following format was usually adhered to:-
Should the initial meeting of the Wardens pass without incident, and they agree on the number of 'Bills' that would be heard that day, then the trials of the men harboured in the ranks of the land-sergeants and bailiffs would begin.
Crime was endemic, from murder to theft, arson and illegal protection. The main crime centred on the stealing of beasts: cattle, sheep and horses in the headlong surge to survive.
The number of beasts stolen was valued according to age and whether they were cattle, sheep or horses. A value was also put on the 'insight' and 'outsight' gear stolen, household and farming implements. Should a 'Bill' be proved then the accused would have to pay what was known as 'double and sawfey', twice the value of the goods to the plaintiff and their equal in value to the Warden for his troubles in bringing him to trial.
In trial by assize or jury six 'honest' men of England were chosen by the Scottish Warden and a similar number of 'honest' Scots chosen by the English Warden. They would swear on oath that they would honour the Truce and the responsibility they had as impartial juror.
Jury, plaintiff and defendant were required to take oaths at the commencement of any trial.
The oath of the jury was as follows:-
'You will clean no Bills worthy to be fouled, you shall foule no Bills worthy to be cleaned, but shall do that which appeareth with truth, for the maintenance of the peace and suppression of attempts. So help you God.'
In a 'Bill of Complaint' (the accusation) if a man was found guilty, the word 'fouled' or 'filed' was added to the margin of the Bill. Should he be found innocent then the word 'cleaned' or 'cleared' was added.
If a felon had not been brought to the 'Day of Truce' to answer for his alleged crime, then 'fouled conditionally' was added to the margin.
Should he not appear at the third time of calling, he was 'put to the horn', outlawed. He would then become a 'broken man' often disowned by his own clan and kin.
The oath of the Prosecutor:-
'You shall leile price make, and truth say, what your goods were worth at the time of their taking to have been bought and sold in a market taken all at one time, and that you know no other recovery but this. So help you God.
This oath was of particular importance as it was common for the prosecutor to 'overswear' (overstate) both the number and the value of the goods stolen.
The Oath of the Defendant:-
'You shall swear by heaven above you, hell beneath you, by your part of Paradise, by all that God made in six days and seven nights, and by God himself, you are whart out, sackless of art, part, witting, ridd, kenning, having or resetting of any of the goods and cattels named in this 'Bill'. So help you God.
Basically this calls for the defendant to tell the truth. 'Resetting' meant that should he have stolen anything, he had not put it into the hands of a 'receiver' away from his own lands until it was safe to bring it home.
The 'Day of Truce' in the Border lands of the reiving times was a day fraught with tension and animosity. That it existed for over three and fifty years is testimony to its effectiveness, be that ever so poor in many instances given the base character and morality of many who purported to uphold its tenets. There was, however, an honest endeavour to adapt and change throughout the centuries to deal with a relentless and burgeoning increase in crime. The Border Laws were amended at least seven times in their history in an effort to achieve peace and stability.
—
The penalty for wounding a person of the opposite realm was estimated by a jury, consisting of 6 Englishmen and 6 Scotsmen, named by their respective Wardens - and was then doubled. If the person committed the crime of "burning or spoyling of goods", they had to pay back the value of the goods, plus twice the value as penalty. Convicted murderers, were executed by the opposite Warden and his property sold to pay to the heir of the deceased. In 1563, it was agreed that an offender proved guilty on three occasions of stealing, should be executed.
* * *
Chapter Ten
This "hot trod" had to proceed with "hound and horne, hew and cry", making a racket and carrying a piece of burning turf on a spear point to openly announce their purpose, to distinguish themselves from unlawful raiders proceeding covertly. They might use a sleuth hound (also known as a "slew dogge") to follow raiders' tracks.
—
Cattle trafficking - they did not call it stealing
* * *
Chapter Eleven
In 1587, the Parliament of Scotland passed a statute: "For the quieting and keping in obiedince of the disorderit subjectis inhabitantis of the borders hielands and Ilis."[14] Attached to the statute was a Roll of surnames from both the Borders and Highlands. The Borders portion listed 17 'clannis' with a Chief and their associated Marches:
Middle March
Elliot, Armstrong, Nixon, Crozier
West March
Scott, Bates, Little, Thomson, Glendenning, Irvine, Bell, Carruthers, Graham, Johnstone, Jardine, Moffat and Latimer.
Of the Border Clans or Graynes listed on this roll, Elliot, Armstrong, Scott, Little, Irvine, Bell, Graham, Johnstone, Jardine and Moffat are registered with the Court of Lord Lyon in Edinburgh as Scottish Clans. Others, such as Clan Blackadder, were armigerous in the Middle Ages but later died out or lost their lands, and are unregistered.
The historic riding surnames, as recorded by George MacDonald Fraser in The Steel Bonnets (1989),[15] are:
East March
Scotland: Hume, Trotter, Dixon, Bromfield, Craw, Cranston.
England: Forster, Selby, Gray, Dunn.
Middle March
Scotland: Burns, Kerr, Young, Pringle, Davison, Gilchrist, Tait of East Teviotdale. Scott, Oliver, Turnbull, Rutherford of West Teviotdale. Armstrong, Croser, Elliot, Nixon, Douglas, Laidlaw, Turner, Henderson of Liddesdale.
England: Anderson, Potts, Reed, Hall, Hedley of Redesdale. Charlton, Robson, Dodd, Milburn, Yarrow, Stapleton of Tynedale. Also Fenwick, Ogle, Heron, Witherington, Medford (later Mitford), Collingwood, Carnaby, Shaftoe, Ridley, Stokoe, Stamper, Wilkinson, Hunter, Thomson, Jamieson.
West March
Scotland: Bell, Irvine, Johnstone, Maxwell, Carlisle, Beattie, Little, Carruthers, Glendenning, Moffat.
England: Graham, Hetherington, Musgrave, Storey, Lowther, Curwen, Salkeld, Dacre, Harden, Hodgson, Routledge, Tailor, Noble.
—
The Kerrs however were biding their time and in 1552 they set upon Sir Walter Scott on Edinburgh High Street and killed him.[3] The feud came to an end in 1569/72 when Sir Thomas Kerr of Ferniehurst married Janet Scott who was the sister of the tenth Laird of Buccleuch.[3]
Sir Thomas remained a loyal and undying supporter of the queen he welcomed home at Leith in 1561, playing a supporting role in many of her ill-fated campaigns In October 1565 he was first noted in the royal limelight when he accompanied Darnley and the Queen to Dumfries to finally quell the insurrection of Moray and his supporters in the final episode of the 'Chaseabout Raids'. On this occasion he raised the royal standard and the Queen placed herself under his immediate protection.
In 1565 a deadly feud arose between the Clan Scott and their neighbours the Clan Eliott.[5] Scott of Buccleuch executed four Eliotts for the minor crime of cattle rustling.[5] In response three hundred Eliotts rode to avenge the fate of their kinsmen and during the battle losses on both sides were heavy but eventually the two clans came to terms with each other.[5]
* * *
Chapter Twelve
The tenth Laird of Buccleuch was a staunch supporter of Mary, Queen of Scots.[3] His son, another Walter Scott went on to become a daring military leader who was known as "Bold Buccleuch".[3] In 1596 he rescued his vassal, William Armstrong, who was known as "Kinmont Willy", from the Fortress of Carlisle
which was previously thought to be impregnable.
* * *
Chapter Thirteen
from a cutting in a scrapbook annotated: "Scotsman, 9 November 1892"
........................................
LITTLE JOCK ELLIOT II
A Border Ballad
(From the recital of Matthew Gotterson)
There's freedom for me and my men
Where the Liddel rins wild and free,
Where my toor I'the heart o' the glen
Is the pride o' my billies and me,
And I keep my ain head wi' my hand
And quell every enemie,
For I kittle their ribs wi' my brand,
And wha daur meddle wi' me?
Wha daur meddle wi' me?
Wha daur meddle wi' me?
Oh my name it is Little Jock Elliot
And wha daur meddle wi' me?
I munt my gude nag wi' a will
Whena fray's I'the wund, and he
Cocks his lugs as he tugs for the hill
That eneters the South countrie,
Where pricking and spurring are rife,
And the bluid boils up like a sea;
But Southrons gang doon I'the strife!
And wha daur meddle wi' me?
In Liddesdale never a man
Wad shrink frae the backing o' me,
And Jed-forest gies me the van
To strike 'gainst her enemie.
In Coquetdale, Reed and Tyne
We drive a prey wi' glee,
And lounder the lubberts like swine,
And wha daur meddle wi' me?
Jock Ridley ance gaily rode doon
To lift my ain horse frae the lea-
A riever o' Tynedale renoun,
A Ker-handed pricker was he.
He made a fell dash I'the derk,
But girnin I soon made him flee
Wi' some weel-proggit holes in his serk;
And wha daur meddle wi' me?
At Wheel-Kirk, within the Catrail,
Priest David had thirty-and-three
Gude nowt that were stown head and tail
By Percy o' Keeldarstanelee.
I chased up the unhallowed loon,
Brought him and his horse to their knee,
And wheeled back the nowt to their toun;
And wha daur meddle wi' me?
In a raid I'the licht o' the moon
The Bewcastle Cout sichted me,
And swore he wad level my croon,
And flaunted his sword michtilie.
We met wi' a rush I'the pass,
Wi' a clash made the steel-fire flee,
But he fell like a stot on the grass;
And wha daur meddle wi' me?
I fear neither Warden not law,
Nor the troopers o' Queen Marie;
Grim Bothwell frae me got a claw
He'll never forget till he dee.
I'll keep my ain head wi' my hand
And my neck frae the hanging tree
As lang as I waiggle a brand -
And wha daur meddle wi' me?
Wha daur meddle wi' me?
Wha daur meddle wi' me?
Oh my name it is Little Jock Elliot
And wha daur meddle wi' me?
* * *
Chapter Fourteen
To get the title of 'The Worst Reiver Ever' you must have been really bad, the worst of the worst. Lang Sandy Armstrong of Rowanburn is known as 'The Worst Reiver Ever'. He gained this nickname mostly because of his height he was well over six foot tall which was a giant 400 years ago. He also was one of the most successful and daring freebooters of his clan – Clan Armstrong.
Clan Armstrong were the most dangerous and feared riding clan on the whole Scottish Borders. They could put 3,000 men into the saddle and are reputed to have done more damage by foray than any other border clan. Clan Armstrong were now broken and without a leader. Their last chief, Alexander Armstrong of Mangerton, died about 1610.
Alexander Armstrong was known as 'Lang (Long) Sandy'. He and his family lived in a tower house in the nearby fields at Cleughfoot. It was generally known by the name of "Lang Sandy's Keep," and was situated on the side of the Tarras, about ten miles from Langholm.
The village of Rowenburn and Cleughfoot in the borders was part of the notorious Debateable Land, one of the most dangerous places in Europe.
Sir John Carmichael (1542-1600) was described by the Bishop of Durham as "the most expert borderer." Known as an honest official. But to the reiver he was a thorn in their side, he was made Warden of the Scottish West March in 1598. It was his job to police the area – to bring law especially to the Armstrong Clan. In 1600 Carmichael tried meeting with The Armstrong Clan sent one of Kinmont Willie Armstrong's brothers. Alexander Armstrong was known as Sandeis Ringan. Some of Carmichael's men set about humiliating Ringan. At some point in proceedings for a jest Ringan's sword was removed from its scabbard and egg yolks put in. The sword was returned and became stuck. Not surprisingly Sandeis Ringane was furious and swore vengeance. The meeting did not finish on a positive note. In June that same year Carmichael was ambushed by a party of Armstrongs including Thomas Armstrong and his father along with a Taylor, a Forrester, a Scott and a Graham at Raesknowes, on the way to Lochmaben. Richard Lowther commented that it was the third warden that had been killed in Scotland.
The Armstrongs then proceeded to raid Stanwix, just across the river and up the hill from Carlisle Castle. As the bishop preached his sermon – the Armstrongs were helping themselves to the available horses. They then moved on to Linstock for some cattle. In 1601 Thomas Armstrong, son to Sandies Ringane, was tried for his part in the murder, had his right hand cut off and was then hanged at the Mercat Cross at Edinburgh. His body was left to hang in chains. In 1606 Lang Sandy Armstrong of Rowanburn.
evaded capture for his part in Carmichael's murder until 1606. He was hung together with all eleven of his sons and Willie Kang was indicted. Lang Sandy agreed that he'd taken part in the murder but added that he felt forced to the act of violence.
"To the men that hangit the theves in Canonbie, be the king's command, 13 shillings.
* * *
Chapter Fifteen
7th Oct Bothwell's fight with Jock Elliot
8th Oct Mary arrives in Jedburgh
16th Oct Mary travels to Hermitage to visit Bothwell
17th Mary falls sick
25th Mary's condition improved marginally
? Bothwell visits from Hermitage, on a horse litter as still weak from his injury
Mid-Nov Mary well enough to tour Borders again
—
In the mid 16th century, such was the level of violence on the Border that the Earl of Bothwell was dispatched with a strong force to Liddesdale to deal with the troublemakers.
He arrived at Hermitage Castle about the same time as Mary arrived in Jedburgh to attend court and deal with wrongdoers. She arrived in Jedburgh 9th October 1566
Bothwell initially met with some success. He apprehended the Armstrong lairds of Mangerton and of Whithaugh who were known to be active reivers.
While searching for other miscreants he came upon one named Little Jock Elliot (Jock of the Park) who was wanted for many offences.
Bothwell had, at that moment, become separated from his men but nevertheless challenged Elliot alone and succeeded in shooting him in the leg.
Bothwell dismounted and approached Elliot thinking him completely disabled but Jock was very much alive and, making huge effort, rose up and struck Bothwell a mighty blow with his two handed sword.
Bothwell's men found him severely injured and bore him to nearby Hermitage.
However, when they arrived, they found that their prisoners at Hermitage, mainly Armstrongs, had overpowered their guards and taken over the castle. They refused to allow the injured Bothwell to enter.
Led by Robert Elliot of the Shaws, the reivers negotiated with Bothwell who agreed to free all the prisoners and to g
rant them amnesty. Lying injured without medical help, Bothwell was probably past caring. His party were allowed into the castle where his wounds were attended to.
—
Little Jock Elliot is believed to have escaped and recovered.
—
in 1565 a deadly feud arose between the Ellots and their neighbours, the Clan Scott. Scott of Buccleuch executed four Ellots for the minor crime of cattle rustling. In response three hundred Ellots rode to avenge the fate of their kinsmen. During the battle losses on both sides were heavy but eventually the two clans came to terms with each other.
Another feud took place between the Ellots and James Hepburn, 4th Earl of Bothwell, the future husband of Mary, Queen of Scots. A skirmish took place around Hermitage Castle in which the earl was wounded. In reprisal, in 1569, a royal force of nearly four thousand men devastated the Elliot's lands.
—
Before beginning her 'Progress' through the south eastern part of the Scottish Borders in October 1566, Mary commissioned James Hepburn, the Earl of Bothwell; who the year before she had made 'Lord of Liddesdale,' to enforce royal authority in the Borders, and present a number of unruly Borderers for trial at the Queen's Assizes at Jedburgh, thus allowing her subjects to see the Queen's justice being enacted.
Bothwell left ahead of the Queen's main party, riding to Hermitage Castle with an estimated two hundred mounted Borderers. Having been successful, the Earl imprisoned a number of persons in the dungeons of Hermitage Castle with a view to presenting them at Jedburgh for the Queen's justice.
The next event that the general literature tells us, is Bothwell's chance encounter with little Jock 'o' the park (John Elliot) whilst hunting deer in the Billhope area, this encounter is generally accepted to have taken place on the 8 Oct. 1566.
A Love Beyond: A Scottish Historical Romance (The Reivers Book 2) Page 5