ngland, understanding how it has pleased the King's majesty our sovereign
lord to make and constitute Sir Thomas Ker of Fernihirst Knight his
Highness warden and justice over all the Middle March, and acknowledging
how far we are in duty bound to the service by our counsel and forces to
be employed in the assistance of his said warden in all things tending to
the good rule and quietness of the said Middle March, and setting forth of
his Highness authority against these traitors, rebels, and other
malefactors to their due punishment, and defence and safety of true men.
Therefore we be bound and obliged, and by the tenor hereof binds and
obliges us, and every one of us, that we should truly serve the King's
Majesty our sovereign lord, and obey and assist his said warden, in the
premiss, and shall concur with others in giving of our advice and
counsel, or with our forces in pursuit or defence of the said thieves,
traitors, rebels, and other malefactors disobedient to our sovereign
lord's authority, or disturbers of the public peace and quietness of the
realm, as we shall be charged or warned by open proclamations, missives,
bailies, or other the like accustomed forms as we will answer to his
Highness upon our obedience at our highest charge and peril, if we shall
be found remiss or negligent, we are content to be repute held and
esteemed as favourers and partakers with the said thieves, traitors,
rebels, and malefactors in their treasonable and wicked deeds, and to be
called, pursued, and punished therefor, according to these laws in example
of others."[31]

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