urts, and at certain periods
these must have amounted to a large sum. The law ordained that "the
escheat of all thieves and trespassers that are convict of their movable
goods, ought and should pertain to the warden for his travail and labours,
to be used and disposed by him at his pleasure in time coming. The warden
ought and should take and apprehend all and sundry our sovereign Lord's
lieges turning and carrying nolt, sheep, horses, or victuals furth of this
realm into England, and bring their persons to the King's justice, to be
punished therefor; and all their goods may he escheat: the one half
thereof to be applied to the King's use, and the other half to the warden
for his pains." In addition to this, the wardens had a large share of the
plunder of the various forays upon the English Border, which they either
conducted in person, or winked at when undertaken by their retainers or
dependants. In the "Border Papers" we are informed that on Sunday, the
17th April, 1597, the Lord Buccleuch, Keeper of Liddesdale, accompanied by
twenty horse and a hundred foot, burned at noonday three onsets and
dwelling-houses, barns, stables, oxhouses, &c., to the number of twenty,
in the head of Tyne, cruelly burning in their houses seven innocent men,
and "murdered with the sword" fourteen which had been in Scotland, and
brought away the booty, the head officer with trumpet being there in
person.[33] This was a frequent occurrence, especially with Buccleuch, who
was never quite happy when not plundering and oppressing "the auld enemy."
From a pecuniary point of view, not to speak of other advantages, the
office of warden was a highly desirable one, and was consequently eagerly
sought after by the Border Chiefs.

The duties pertaining to this office may be described as of a twofold
nature--the maintenance of law and order, and the protection of the
districts against the encroachments and inroads of the enemy. "In the
first capacity," as has been remarked, "besides their power of control and
ministerial administration, both as head stewards of all the crown
tenements and manors within their jurisdiction, and as intromitting with
all fines and penalties, their judicial authority was very extensive. They
held courts for punishment of high treason and felony, which the English
Border laws classed under the following heads:--

I. The aiding and abetting of any Scottishman, by communing, appointment,
or otherwise, to rob, burn, or steal,