Had the sphere of their operations been always strictly confined to the
English Border, the likelihood is that neither King, nor Regent, would
have sought to "daunton" them. But there were times when it was difficult
for the Scottish reivers to earn a decent livelihood by harassing and
spoiling "the auld enemy," owing to the watchfulness and strength of those
dwelling within the opposite Marches; and as there was a danger of their
talents becoming feeble through disuse, they naturally turned their
attention to their own more wealthy neighbours and friends. That there is
"honour among thieves" is a proposition that is sometimes called in
question; but we find that the spirit of a really helpful friendship
occasionally manifested itself in curious ways. When a family, or clan,
contemplated a raid upon a neighbour's property, it was customary to
secure the assistance of the thieves on the opposite Border. In
"Pitcairn's Criminal Trials" there are numerous allusions to the
prosecutions of famous Scottish reivers for the inbringing of Englishmen
to assist them in the work of plunder. This was one of the offences
charged against Cockburn of Henderland, and which, no doubt, weighed
heavily with his judges in consigning him to the gallows.
When the reivers thus turned their attention to their own countrymen, and
with the assistance of English allies began to despoil them, it was felt
that strong measures must be adopted for their suppression and punishment.
The Border reivers regarded the law with a feeling akin to contempt. They
were disposed to look upon the statutes of the realm as so many old wives'
fables; and, truth to speak, they were often of not much more account. The
policy of the wardens was too frequently one of mere self-aggrandizement,
and so long as their individual interests were not imperilled they looked
on with a kind of placid indifference at the misdoings of those whom it
was their duty, if not their interest, to control. When James VI. came to
Dumfries, to "daunton the thieves" in that district of the country, his
time was mainly occupied in meting out summary punishment to men of high
social position, whose "thefts, herschips, and slaughters" had become
notorious, and cried aloud for vengeance. There were, no doubt, many of
the commonality as well, who at this time were made to suffer for their
crimes, but as these cases were generally dealt with by subordinate
officials, they do not come so prominently before us. "Nothing is more
remarkable," says Sir Herbert Maxwell, "than the light thrown on the
social state of Scotland at this time by the justiciary records. By far
the larger part of the criminals dealt with at the King's 'justice aires'
were men of good position, barons and landowners, burgesses or provosts of
burghs. The humbler offenders were dealt with by the sheriff or at the
baron's courts, and do not appear; but the following extracts from the
records of the short reign of James IV., in which the culprits are all
Public-domain text, read in full here on John Shaqi.
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