There can be no doubt that these "Bonds" were often contracted in good
faith; that is to say, those who subscribed them were honestly desirous to
fulfil, both in the spirit and letter, the obligations thus undertaken. It
is, however, worthy of remark that those who had thus sworn allegiance to
the warden had not infrequently ends of their own to serve, which
conflicted with their duty to the representatives of law and order.
Thieves were harboured, or at least allowed to remain unmolested, on the
estates, or within the jurisdiction, of those who had thus professedly
banded themselves together for their detection and punishment. The result
was that the subscribers to the "Bond" were occasionally reported to the
government for their delinquencies, and prosecuted and punished for their
breach of faith. Thus we find that on one occasion Walter Ker of Cessford,
James Douglas of Cavers, George Rutherford of Hunthill, and Ker of
Dolphingstone were convicted of art and part of the favour and assistance
afforded to Robert Rutherford, called Cokburn, and John Rutherford, called
Jok of the Green, and their accomplices, rebels and at the horn;
permitting them to pass within their bounds continually for divers years
past; for not using their utmost endeavour to hinder them from committing
sundry slaughters, stouth-reifs, thefts and oppressions on the King's poor
lieges, nor ejecting the said rebels, their wives and their children, from
their bounds and bailiaries, but knowingly suffering them to pass within
their limits and to remain therein beyond the space of twelve hours, to
commit sundry crimes during the time of their passing and reset within the
shire in which they dwelt, thereby breaking, transgressing, and violating
their obligation and "Bond" to the King, and incurring the pains contained
in the said "Bond."[32]
It is remarkable, considering the reputation enjoyed by the Borderers for
being true to their word, that such occurrences should have to be so
frequently complained of.
Unfortunately, the wardens were as little animated by a high sense of
honour as those who had solemnly pledged themselves to support them in the
discharge of the duties of their office. They frequently, and in some
cases almost systematically, exercised the powers conferred on them, not
in trying to preserve the public peace, but in wreaking vengeance on their
enemies. A striking instance of this is to be seen in the conflict which
was so long waged between the Johnstones and the Maxwells, and which
produced endless misery and mischief throughout a wide area.
Public-domain text, read in full here on John Shaqi.
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