VII. Double of the Contract
Betwixt the King and Several of his Subjects (A.D. 1612)
The original of this curious brief, by
which the Borderers renounced their vocation of theft and robbery, is in
the hands of the Editor, whose ancestor is one of the parties
subscribing. Similar bonds were doubtless executed by the other clans;
among whom copies would be distributed for their subscription. This
appears to have referred chiefly to the clan of Scott.
We noblemen, barons, landit gentilmen,
and uthers, under subseryveing deiply considering with ourselves the
wrackfull and intolerable calamities soe long sustained be us, our
friends, our servants, and inhabitants, upon proper lands and heretages,
at the hands of thieves and murtherers, within the Highlands and
Bordours; whereby our bloods have been cruelly shed, our goods be opin
depredation violentlie reft and spulzied, and our most plentifull and
profitable roumes, for fear of their incursions and oppressions, left
desolat and desert, without tennent or inhabitant, to our inexcusable
reproach and shameful wrack, if wee sall any longer neglect to use sic
lawfull and allowable rememdies as God, our honor, and the memorable
examples of our worthie predecessors, still extant in the records of
ther days, craves at our hands, for the repressing of their insolence:
And considering, therwithall, the royall and princelie dispostion of our
most gracious soverane lord, utterit everie way for the suppressing of
this infamous byke of lawless limmers, and quhat earnest and faithfull
dutie our ranks and places craves of us, for the furtherance of his
Majesties most honorable resolution at this tyme, for the extermination
of sic a venime, whereby our oursights hithertill has bein na little
hider to the good success of the great care and paynes tane alwayes be
his highness and his secret counsel, to work the said effect: Thairfore,
and for remeid of our bypast slouth that way, in the fear of God, and
with his Majesties gracious approbation and allowance, we all and everie
ane of us have solemnly avowit, sworne, and protestit, like as, be the
tenor heirof we avow, swear, and protest, upon our consciences and
honors, that, as we are in hearts trew and faithfull, and obedient
subjects, to the Kings Majestie, our sovereign lord and his
authoritie, and always answerable to his hienes laws; so, in our hearts,
we abhorre, dampen, and detest all treason, murther, fire-syseing,
reviseing of women, thift, resset of thift, fortifeieng or assisting
with thieves, shedding of true mens blood, common and manifest
oppression, resset of persons excommunicat, or at the horne, for
criminall causes, with the authors and commiters therof whatsumever; in
further taken whereof, we bind and obleis us, our aires and successors
of our lands and heretages, to our soverane lord and his successors,
that, within ten dayes after our subscription to the present, we sall
discharge, and be oppin proclamation at the Mercat-croces of
heid-burrowes within the shirfdomes, quherin the theives and limmers
dwell, as also be particular intimation to themselves, give up all bands
of friendship, kyndnes, oversight, maintenance, or assureance, if ony we
have, with common theives and broken clans or branches, unanswereable to
his hienes lawes; and sall, fra thenfurth, affauldlie, and truelie,
joyne and concurre together als weill in action as in heart, to the
pursute, with fire and sword, of all and whatsumever within the realm,
of whatsumever clane, qualitie, or surname, who being charged, be opin
proclamacione, to compeir to answer to complaints, and to relieve their
masters at his majestie and true mens hands, are or sall for ther
disobedience be denounced fugitives and outlawes, together with
whatsoever ther partakers, suppliers, and recepters, and all sic other,
as frae the tyme they be denounced fugitives, sall furnish to them, ther
wyfes or families, meat, drink, herbore, or other confort qyhatsumever;
As lykewayes we bind and obleis us, in manner foresaid, that if any
persone dwelling within our houses, upon our lands, within our tackes,
steadings, roumes, portiounes, baileries, or other office or
jurisdiction quhatsumever, commits ony of the crymes before expreimit,
or any uther punishable be lyfe or member, we, or any of us under qyhom
the said persone dwells, being required, thereto be his majesties
letters valyentnes, or charges, to be his highness consell or justice,
sall neither directlie, nor indirectlie, give any warning or
advertisement to him, quherby he may eschew his taking; but trewlie and
effauldlie sall apprehend, bring and present him to underly his tryell
of the cryme qyherof he is dilatit, upon fifteen dayes warneing, without
shift or excuse quhatsumever, as we sall ansuer to his majestie upon our
honours, and under the paynes contained in the generall bond and nets of
Parliament quhatsumever; and sall be comptable to our soverane lord and
his hienes thesaurer, for their escheats, in cace they be convict; and,
in case the persone or persons so delatit, becomes fugitives, wharby we
cannot apprehend them to be presentit, we sall expel, put and hold them
furth of our bounds, heretages, tacks, and steidings, roumes,
bailliaries, and jurisdictions quhatsumever, together with ther wyfes
bairnes, and families, and sall take fra them their stocke and steiding,
and put in uther persones to occupy the same: and if it sall happin the
saids malefactors to resort or come again within our bounds, or be
sufferit to remain thereine, with our witting, tweifl hours together, or
to repair with our knowledge to oppin mercat unapprehendit, in that cace
we grant and confes us to be culpable of quhatsumever crymes or skaithes
committit be them at any time before or thereafter: And if it shall
happen at any tyme herefter, ony creatures, rebels to our soverane lords
authoritie, for criminall causes to repair within our bounds, or any
pairt of the shirrifdome quharein we dwell; we awoll we sall be readie
to ryse and concurre, with our friends and forces, to ther pursute, till
they be either apprehendit and presented to justice or put out of the
sherriffdome quharein we dwell; moreover none of us herefter sall tryst
or assure with any declared theeves or fugitives, but quhensoever any
affray of theeves or reivers happens within our bounds or jurisdictions
forsaids, we shall at the affray or foray, be ourselves, our servants,
kin, freinds, and sae many partakers as we may get, ryse, follow, and
pursue, the saids theeves and reviers, at the outmost of our power, as
we wold doe to the rescue of our owne proper goods in cace they were in
the lyke danger, being always warned thereto be the scout-baillie in the
countrie requisitione of partie, or other wayes quhatsumever: And if it
be found, that we ly still at siclike effrayes, and suffers the saids
theeves and rubbers to pass threw our bounds, without purseuing them and
making uther thorture or impediment we may, in that cace we accept on us
the guiltiness of quhatsumever theft or uther cryme that they commit, as
perters with them therin and punisheable therefore, conforme to the act
of Parliament: And if it shall happin any stowth-reiff or oppression to
be committed at any tyme heirafter, upon any his hienes subjects, be any
inhabitants within our bounds and jurisdictionis forsaids, the same
being notified to us be the owners of the goods, or any uther follower
thereof if the gudes are stolen and quhar they are reset within our
bounds, we sall, immedialie thereafter, be ourselves, or be some special
friend or servant, ayde and addresse us to the said place, and finding
the goods ther, shall see them rendered to the followers, without
graditude or good deid, and therwith sall apprehend the thief, if he be
present on the ground, or can be found within our bounds, then, or at
any tyme therefter , and present him to his majestie, or to his justice,
to be punished according to his merit: or, if we cannot find him, we
shall intimate his name to the sheriff, stewart, or wardene, to be
denounced fugitives be them at the Mercat-croce of the next heidburgh,
that he, his wyfe, and familie, may therefter be used in manner
foresaid: Likewayes, that nane of us heirefter sall aither opinlie or
privatlie, for any theif-hider, entertainer, or reseffer of theft or
theftous goods, assist nor defend them directlie nor indirectlie,solisit
for their impunitlie, or bear grudge, rancoure, or quarrel againes any
man for their dilatione, apprehension, or pursute in any sort, under the
paine of infame and acceptance upon us of the guiltiness of the said
cryme, in cace they be convict; And if it sall happen us, or any of us,
at ony tyme heirefter, to meit with any notorious theif or lymmer, whom
we may tak, we sall not faillie to apprehend, keip, and detaine him, in
sure capptivitie and firmance, unfred, or set to libertye upon
quhatsomever band, promise, restitutione, or assurance he can give us;
but sall present him to his majestie, his counsel, or justice, to be
punished for his offence, under the payne, likewayes to be repute
culpable of his theftuous deids, and punishable accordinlie; and
finallie, that we ourselves and all sic persons quhatsumever, as dwells
upon our lands and uthers forsaids, sall always be answerable to our
soverane lord and his authoritie, and sall compeir before his hienes and
his counsel, quhenever we shall happin to be charged for that effect,
under the paines contained in the acts of cautin found for observation
of the generail bands; And gif for execution of any of the premises, we,
or any of us, be quarreled be ony clan brensche, or surname, to whom the
theeves pertaines, we bind and obleis us and our foresaids, affauldlie
and truelie, to concurre and assist with others agains the brensch,
surname, or clan, that quarrels, as if it were our proper cause; and
sall esteem the feid if any follow, equall to us all. In witnes quhareof,
our soverane lord, in taken of his said approbation, and allowance of
the premises, and evere ane of us, for us and our forsaids, have
subscryvit this present, to be insert and registrat in the books of the
secret counsell, and to have the strength of ane decreit thereof against
the contraveiners. Whereunto our subscriptions sall serve for ane
sufficient warrant for everie ane of us.
This band, written by William Wyllie,
clerk, Sic subscribitur. James R. Lenox Huntlie Montross.
Cancellarius Angus Herys Caithness Traquair Lochinvar
Johnstoun Drumlangric David Scot of Stobneill Apud Jedburgh,
29th March, 1612. Walter Scot of Goldielands, Walter Scot of
Tishelaw, Robert Scot, his sone, James Gledstanes of Cocklaw, William
Elliot of Falneish, Robert Scot of Satsheills, Walter Scot of Harden,
Sym Scot of Bonniton, and William Scot in Burnfute in the Water of Aill,
with our hands at the pen, led be James Primerose, clerk of counsel, at
our command. J. Primerose. James Robert Scott in Stirkfield, with hand
at the pen, led be William Wyly, wryter of this band. William Scot of
Hartwoodmyres, Philip Scot of Dryhope, Robert Scot of Aikwood, William
Scot of Whythaught, James Scot of Gilmerscleugh, and William Wylie,
clerk. W. Wyllie.