444 Notes on Branxholme. By W. Eliott Lockhart. 



Sir "Walter Scott received a commission from Queen Maiy 

 dated 29th April 1550, appointing him warden of the Middle 

 Border, between Minto Crag and Craykross. 1 He also received 

 a commission dated at Linlithgow, 28th June 1550, and con- 

 firmed by the Privy council at Edin. on 7th Jan. 1551, appointing 

 him " to the cuire reule, guy ding, and keping of Liddesdaile," 2 

 with power to hold courts at Branxholme or Hawick. The 

 Queen's commission to this appointment is dated at Edin. 3rd 

 April 1551. 3 He further received a commission under the Privy 

 Seal dated at Edin. 29th June 1551, appointing him warden and 

 justiciar of the Middle Marches. 4 



The duties devolving on a warden were most important and 

 arduous, as is shewn by the wording of the commissions, and 

 the obligations which had to be taken to the King or Queen. 

 He was expected to maintain order within his district, to expel 

 thieves and other trespassers, and to keep all the peaceable 

 inhabitants of the surrounding country 



" Skaitkles of them, of all harmis, reifis, spulzies or any uther harm or 

 crime that might be done to thame, under the pane and perrel of all his 

 landis and gudis." . . . " For thift, reif, or uther crimes, the wardane 

 sail answer and be responsal to the par tie that sail happin to sustene the 

 skaith, orellissall proceid agains the committaris of the saidis crimes, 

 as is abone written of slauchter." ° 



A warden had considerable judiciary powers, extending even 

 to life and death, and could hold Justiciary-courts. He could 

 command the attendance of all nobles, barons, and others, 

 not only at days of truce, but at other assemblies. He was also 

 empowered to make particular raids for the suppression of 

 thefts, or pursuit of outlaws. 6 



An important part of his duty during peace, was to meet with 

 the warden of the opposite march on "days of Truce," for the 

 purpose of settling disputes, and granting redress for injuries 

 committed on either side. On the day and place being agreed 

 upon, the arrangements were made known by proclamation in all 

 the market towns. On approaching the place of meeting, the 

 first thing done was that assurance was given on both sides, 



1 Scotts of Buccleuch, i., p. 113 ; H., p. 196. 



- Register Privy Council of Scotland, vol. i., pp. 112-13. 



3 Scotts of Buccleuch, vol. i., p. 115 ; vol. II., pp. 201-4. 



4 Ibid. vol. i., p. 115 ; vol. n., p. 204. 



5 Armstrong's Liddisdale, vol. I., p. 4 (from Balfour's Practicks, p. 598-9.) 

 r ' Hist, of Liddisdale, I., p. 4-5 ; Border Antiquities, Int. xcii-ciii. 



