It would seem to have been customary on a day of truce to enumerate the
various bills "fouled" on either side, and then to strike a balance,
showing on which side most depredations had been committed. It
occasionally happened that the claims of both parties were so numerous
and complicated, the same person frequently appearing both as plaintiff
and defendant, that it was deemed prudent to draw a veil over the whole
proceedings, and give satisfaction to neither party, thus wiping out, as
it were, with a stroke of the pen, and without further parleying, all the
claims which had been lodged. This mode of procedure, arbitrary though it
may appear, did not, as a rule, result in serious injustice being done to
either party.
The offences dealt with were of a varied character. Reiving was only one
of the many ways in which the Borderers sought to enrich themselves at the
expense of their neighbours in the opposite March. They had an eye to the
land as well as to the cattle. It was customary for them not only to
pasture their stock on the enemy's territory, but to sow corn, cut down
wood, and go hunting and hawking for pleasure as well as profit. Sir
Robert Cary, one of the most vigorous of the English wardens, was
determined that hunting without leave should not be carried on in his
wardenry. He wrote to the laird of Ferniherst, the warden opposite,
explaining his views, but, "notwithstanding this letter," he says, "within
a month after they came and hunted as they used to do without leave, and
cut down wood and carried it away. I wrote to the warden, and told him I
would not suffer one other affront, but if they came again without leave
they would dearly aby[44] it. For all this they would not be warned; but
towards the end of the summer they came again to their wonted sports. I
sent my two deputies with all speed they could make, and they took along
with them such gentlemen as were in their way, with my forty horse, and
about one of the clock they came to them, and set upon them; some hurt was
done, but I gave special order they should do as little hurt, and shed as
little blood, as they possibly could. They observed my command, only they
broke all their carts, and took a dozen of the principal gentlemen that
were there, and brought them to me to Witherington, where I lay. I made
them welcome, and gave them the best entertainment I could. They lay in
the castle two or three days, and so I sent them home--they assuring me
that they would never again hunt without leave, which they did truly
perform all the time."[45]
This firm, but kindly method, was entirely satisfactory; and, had the
Borders only been blessed with a succession of Carys in the various
wardenries, the probability is that Border reiving would never have
attained such portentous dimensions.
Public-domain text, read in full here on John Shaqi.
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