MINISTRELSY OF THE SCOTTISH BORDER:

CONSISTING OF HISTORICAL AND ROMANTIC BALLADS, COLLECTED IN THE SOUTHERN COUNTIES OF SCOTLAND; WITH A FEW OF MODERN DATE, FOUNDED UPON LOCAL TRADITION.

IN THREE VOLUMES.

VOL. I

The songs, to savage virtue dear,
That won of yore the public ear,
Ere Polity, sedate and sage,
Had quench'd the fires of feudal rage.
—WARTON.

1806.

TO HIS GRACE,
HENRY, DUKE OF BUCCLEUCH, &c.&c.&c.
THESE TALES, WHICH IN ELDER TIMES HAVE CELEBRATED THE PROWESS, AND CHEERED THE HALLS, OF HIS GALLANT ANCESTORS, ARE RESPECTFULLY INSCRIBED

BY

HIS GRACE'S MUCH OBLIGED AND MOST HUMBLE SERVANT,

WALTER SCOTT.

CONTENTS TO
THE FIRST VOLUME.

INTRODUCTION.

From the remote period; when the Roman province was contracted by the ramparts of Severus, until the union of the kingdoms, the borders of Scotland formed the stage, upon which were presented the most memorable conflicts of two gallant nations. The inhabitants, at the commencement of this aera, formed the first wave of the torrent which assaulted, and finally overwhelmed, the barriers of the Roman power in Britain. The subsequent events, in which they were engaged, tended little to diminish their military hardihood, or to reconcile them to a more civilized state of society. We have no occasion to trace the state of the borders during the long and obscure period of Scottish history, which preceded the accession of the Stuart family. To illustrate a few ballads,[ii] the earliest of which is hardly coeval with James V. such an enquiry would be equally difficult and vain. If we may trust the Welch bards, in their account of the wars betwixt the Saxons and Danes of Deira and the Cumraig, imagination can hardly form any idea of conflicts more desperate, than were [570] maintained, on the borders, between the ancient British and their Teutonic invaders. Thus, the Gododin describes the waste and devastation of mutual havoc, in colours so glowing, as strongly to recall the words of Tacitus; "Et ubi solitudinem faciunt, pacem appellant^[1]."

At a later period, the Saxon families, who fled from the exterminating sword of the Conqueror, with many of the Normans themselves, whom discontent and intestine feuds had driven into exile,[iii] began to rise into eminence upon the Scottish borders. They brought with them arts, both of peace and of war, unknown in Scotland; and, among their descendants, we soon number the most powerful border chiefs. Such, [1249] during the reign of the last Alexander, were Patrick, earl of March, and Lord Soulis, renowned in tradition; and such were, also, the powerful Comyns, who early acquired the principal sway upon the Scottish marches. [1300]In the civil wars betwixt Bruce and Baliol, all those powerful chieftains espoused the unsuccessful party. They were forfeited and exiled; and upon their ruins was founded the formidable house of Douglas. The borders, from sea to sea, were now at the devotion of a succession of mighty chiefs, whose exorbitant power threatened to place a new dynasty upon the Scottish throne. It is not my intention to trace the dazzling career of this race of heroes, whose exploits were alike formidable to the English, and to their sovereign.

The sun of Douglas set in blood. The murders of the sixth earl, and his brother, in the castle of Edinburgh, were followed by that of their successor, poignarded at Stirling by the hand of[iv] his prince. His brother, Earl James, appears neither to have possessed the abilities nor the ambition of his ancestors. He drew, indeed, against his prince, the formidable sword of Douglas, but with a timid and hesitating hand. Procrastination ruined his cause; and he was deserted, at Abercorn, by the knight of Cadyow, chief of the Hamiltons, and by his most active adherents, after they had ineffectually exhorted him to commit [1453]his fate to the issue of a battle. The border chiefs, who longed for independence, shewed little [1455]inclination to follow the declining fortunes of Douglas. On the contrary, the most powerful clans engaged and defeated him, at Arkinholme, in Annandale, when, after a short residence in England, he again endeavoured to gain a footing in his native country^[2]. The spoils of Douglas were liberally distributed among his conquerors, and royal grants of his forfeited domains effectually interested them in excluding his return. An[1457] attempt, on the east borders, by "the Percy and the Douglas, both together," was equally unsuccessful.[v] The earl, grown old in exile, longed once more to see his native country, and vowed, that, [1483]upon Saint Magdalen's day, he would deposit his offering on the high altar at Lochmaben.—Accompanied by the banished earl of Albany, with his usual ill fortune, he entered Scotland.—The borderers assembled to oppose him, and he suffered a final defeat at Burnswark, in Dumfries-shire. The aged earl was taken in the fight, by a son of Kirkpatrick of Closeburn, one of his own vassals. A grant of lands had been offered for his person: "Carry me to the king!" said Douglas to Kirkpatrick: "thou art well entitled to profit by my misfortune; for thou wast true to me,[vi] while I was true to myself." The young man wept bitterly, and offered to fly with the earl into England. But Douglas, weary of exile, refused his proffered liberty, and only requested, that Kirkpatrick would not deliver him to the king, till he had secured his own reward^[3]. Kirkpatrick did more: [vii] he stipulated for the personal safety of his old master. His generous intercession prevailed; and the last of the Douglasses was permitted to die, in monastic seclusion, in the abbey of Lindores.

After the fall of the house of Douglas, no one chieftain appears to have enjoyed the same extensive supremacy over the Scottish borders. The various barons, who had partaken of the spoil, combined in resisting a succession of uncontrouled domination. The earl of Angus alone seems to have taken rapid steps in the same course of ambition which had been pursued by his kinsmen and rivals, the earls of Douglas. Archibald, sixth earl of Angus, called Bell-the-Cat, was, at once, warden of the east and middle marches, Lord of Liddisdale and Jedwood forest, and possessed of the strong castles of Douglas, Hermitage, and Tantallon. Highly esteemed by the ancient nobility, a faction which he headed shook the throne of the feeble James III., whose person they restrained, and whose minions they led to[viii] an ignominious death. The king failed not to shew his sense of these insults, though unable effectually to avenge them. This hastened his fate: and the field of Bannockburn, once the scene of a more glorious conflict, beheld the combined chieftains of the border counties arrayed against their sovereign, under the banners of his own son. The king was supported by almost all the barons of the north; but the tumultuous ranks of the Highlanders were ill able to endure the steady and rapid charge of the men of Annandale and Liddisdale, who bare spears, two ells longer than were used by the rest of their countrymen. The yells, with which they accompanied their onset, caused the heart of James to quail within him. He deserted his host, [1488]and fled towards Stirling; but, falling from his horse, he was murdered by the pursuers.

James IV., a monarch of a vigorous and energetic character, was well aware of the danger which his ancestors had experienced, from the preponderance of one overgrown family. He is supposed to have smiled internally, when the border and highland champions bled and died in the savage sports of chivalry, by which his nuptials[ix] were solemnized. Upon the waxing power of Angus he kept a wary eye; and, embracing the occasion of a casual slaughter, he compelled that earl, and his son, to exchange the lordship of Liddisdale and the castle of Hermitage, for the castle and lordship of Bothwell^[4]. By this policy, he prevented the house of Angus, mighty as it was, from rising to the [x] height, whence the elder branch of their family had been hurled.

Nor did James fail in affording his subjects on the marches marks of his royal justice and protection. [1510]The clan of Turnbull having been guilty of unbounded excesses, the king came suddenly to Jedburgh, by a night march, and executed the most rigid justice upon the astonished offenders. Their submission was made with singular solemnity. Two hundred of the tribe met the king, at the water of Rule, holding in their hands the naked swords, with which they had perpetrated their crimes, and having each around his neck the halter which he had well merited. A few were capitally punished, many imprisoned, and the rest dismissed, after they had given hostages for their future peaceable demeanour.—Holinshed's Chronicle, Lesly.

The hopes of Scotland, excited by the prudent and spirited conduct of James, were doomed to a sudden and fatal reverse. Why should we recapitulate the painful tale of the defeat and death of a high-spirited prince? Prudence, policy, the prodigies of superstition, and the advice of his most[xi] experienced counsellors, were alike unable to subdue in James the blazing zeal of romantic chivalry. The monarch, and the flower of his nobles, [1513]precipitately rushed to the fatal field of Flodden, whence they were never to return.

The minority of James V. presents a melancholy scene. Scotland, through all its extent, felt the truth of the adage, "that the country is hapless, whose prince is a child." But the border counties, exposed from their situation to the incursions of the English, deprived of many of their most gallant chiefs, and harassed by the intestine struggles of the survivors, were reduced to a wilderness, inhabited only by the beasts of the field, and by a few more brutal warriors. Lord Home, the chamberlain and favourite of James IV., leagued with the Earl of Angus, who married the widow of his sovereign, held, for a time, the chief sway upon the east border. Albany, the regent of the kingdom, bred in the French court, and more accustomed to wield the pen than the sword, feebly endeavoured to controul a lawless nobility, to whom his manners appeared strange, and his person[1516] despicable. It was in vain that he inveigled[xii] the Lord Home to Edinburgh, where he was tried and executed. This example of justice, or severity, only irritated the kinsmen and followers of the deceased baron: for though, in other respects, not more sanguinary than the rest of a barbarous nation, the borderers never dismissed from their memory a deadly feud, till blood for blood had been exacted, to the uttermost drachm^[5]. Of this, the fate of Anthony d'Arcey, Seigneur de la Bastie, affords a melancholy example. This gallant French cavalier was appointed warden of the east marches by Albany, at his first disgraceful retreat to France. Though De la Bastie was an able statesman, and a true son of chivalry, the choice of the regent was nevertheless unhappy. The new warden was a foreigner, placed in the office of Lord Home, as[1517] the delegate of the very man, who had brought that baron to the scaffold. A stratagem, contrived by [xiii] Home of Wedderburn, who burned to avenge the death of his chief, drew De la Bastie towards Langton, in the Merse. Here he found himself surrounded by his enemies. In attempting, by the speed of his horse, to gain the castle of Dunbar, the warden plunged into a morass, where he was overtaken and cruelly butchered. Wedderburn himself cut off his head; and, in savage triumph, knitted it to his saddle-bow by the long flowing hair, which had been admired by the dames of France.—Pitscottie, Edit. 1728, p. 130. Pinkerton's History of Scotland, Vol. II. p. 169^[6].

The Earl of Arran, head of the house of Hamilton was appointed to succeed De la Bastie in his perilous office. But the Douglasses, the Homes, and the Kerrs, proved too strong for him upon the [1520] border. He was routed by these clans, at Kelso, and afterwards in a sharp skirmish, fought betwixt[xiv] his faction and that of Angus, in the high-street of the metropolis^[7].

The return of the regent was followed by the banishment of Angus, and by a desultory warfare[xv] with England, carried on with mutual incursions. Two gallant armies, levied by Albany, were dismissed without any exploit worthy notice, while Surrey, at the head of ten thousand cavalry, burned Jedburgh, and laid waste all Tiviotdale. This general pays a splendid tribute to the gallantry of the border chiefs. He terms them "the boldest [1523]men, and the hottest, that ever I saw any nation^[8]."

Disgraced and detested, Albany bade adieu to Scotland for ever. The queen-mother, and the Earl of Arran, for some time swayed the kingdom. But their power was despised on the borders, where Angus, though banished, had many friends. Scot of Buccleuch even appropriated to himself domains, belonging to the queen, worth 4000 merks yearly; being probably the castle of Newark and her jointure lands in Ettrick [xvi] forest^[9].—

This chief, with Kerr of Cessford, was committed to ward, from which they escaped, to join [1525]the party of the exiled Angus. Leagued with these, and other border chiefs, Angus effected his return to Scotland, where he shortly after acquired possession of the supreme power, and of the person of the youthful king. "The ancient power of the Douglasses," says the accurate historian, whom I have so often referred to, "seemed to have revived; and, after a slumber of near a century, again to threaten destruction to the Scottish monarchy."—Pinkerton, Vol. 11, p. 277.

In fact, the time now returned, when no one durst strive with a Douglas, or with his follower. For, although Angus used the outward pageant of conducting the king around the country, for punishing thieves and traitors, "yet," says Pitscottie, "none were found greater than were in his own company." The high spirit of the young king was [xvii] galled by the ignominious restraint under which he found himself; and, in a progress to the border for repressing the Armstrongs, he probably gave such signs of dissatisfaction, as excited the [1526] laird of Buccleuch to attempt his rescue.

This powerful baron was the chief of a hardy clan, inhabiting Ettrick forest, Eskdale, Ewsdale, the higher part of Tiviotdale, and a portion of Liddesdale. In this warlike district he easily levied a thousand horse, comprehending a large body of Elliots, Armstrongs, and other broken clans, over whom the laird of Buccleuch exercised an extensive authority; being termed, by Lord Dacre, "chief maintainer of all misguided men on the borders of Scotland."—Letter to Wolsey, July 18. 1528. The Earl of Angus, with his reluctant ward, had slept at Melrose; and the clans of Home and Kerr, under the Lord Home, and the barons of Cessford, and Fairnihirst, had taken their leave of the king, when, in the gray of the morning, Buccleuch and his band of cavalry were discovered, hanging, like a thunder-cloud, upon the neighbouring hill of Haliden^[10]. A herald was sent to demand his [xviii] purpose, and to charge him to retire. To the first point he answered, that he came to shew his clan to the king, according to the custom of the borders; to the second, that he knew the king's mind better than Angus.—When this haughty answer was reported to the earl, "Sir," said he to the king, "yonder is Buccleuch, with the thieves of Annandale and Liddesdale, to bar your grace's passage. I vow to God they shall either fight or flee. Your grace shall tarry on this hillock, with my brother George; and I will either clear your road of yonder banditti, or die in the attempt." The earl, with these words, alighted, and hastened to the charge; while the Earl of Lennox (at whose instigation Buccleuch made the attempt), remained with the king, an inactive spectator. Buccleuch and his followers likewise dismounted, and received the assailants with a dreadful shout, and a shower of lances. The encounter was fierce and obstinate;[ixx] but the Homes and Kerrs, returning at the noise of battle, bore down and dispersed the left wing of Buccleuch's little army. The hired banditti fled on all sides; but the chief himself, surrounded by his clan, fought desperately in the retreat. The laird of Cessford, chief of the Roxburgh Kerrs, pursued the chace fiercely; till, at the bottom of a steep path, Elliot of Stobs, a follower of Buccleuch, turned, and slew him with a stroke of his lance. When Cessford fell, the pursuit ceased. But his death, with those of Buccleuch's friends, who fell in the action, to the number of eighty, occasioned a deadly feud betwixt the names of Scott and Kerr, which cost much blood upon the marches^[11].—See Pitscottie, Lesly, and Godscroft.

[1528]Stratagem at length effected what force had been unable to accomplish; and the king, emancipated from the iron tutelage of Angus, made the[xx] first use of his authority, by banishing from the kingdom his late lieutenant, and the whole race of Douglas. This command was not enforced without difficulty; for the power of Angus was strongly rooted in the east border, where he possessed the castle of Tantallon, and the hearts of the Homes and Kerrs. The former, whose strength was proverbial^[12], defied a royal army; and the latter, at the Pass of Pease, baffled the Earl of Argyle's attempts to enter the Merse, as lieutenant of his sovereign. On this occasion, the borderers regarded with wonder and contempt the barbarous array, and rude equipage, of their northern countrymen Godscroft has preserved the beginning of a scoffing rhyme, made upon this occasion:

The pertinacious opposition of Angus to his doom irritated to the extreme the fiery temper of James, and he swore, in his wrath, that a Douglas should never serve him; an oath which he kept in circumstances under which the spirit of chivalry, which he worshipped^[14], should have taught him other feelings.

While these transactions, by which the fate of Scotland was influenced, were passing upon the eastern border, the Lord Maxwell seems to have[xxii] exercised a most uncontrouled domination in Dumfries-shire. Even the power of the Earl of Angus was exerted in vain, against the banditti of Liddesdale, protected and bucklered by this mighty chief. Repeated complaints are made by the English residents, of the devastation occasioned by the depredations of the Elliots, Scotts, and Armstrongs, connived at, and encouraged, by Maxwell, [1528]Buccleuch, and Fairnihirst. At a convention of border commissioners, it was agreed, that the king of England, in case the excesses of the Liddesdale freebooters were not duly redressed, should be at liberty to issue letters of reprisal to his injured subjects, granting "power to invade the said inhabitants of Liddesdale, to their slaughters, burning, heirships, robbing, reifing, despoiling and destruction, and so to continue the same at his[xxiii] grace's pleasure," till the attempts of the inhabitants were fully atoned for. This impolitic expedient, by which the Scottish prince, unable to execute justice on his turbulent subjects, committed to a rival sovereign the power of unlimited chastisement, was a principal cause of the savage state of the borders. For the inhabitants, finding that the sword of revenge was substituted for that of justice, were loosened from their attachment to Scotland, and boldly threatened to carry on their depredations, in spite of the efforts of both kingdoms.

James V., however, was not backward in using more honourable expedients to quell the banditti [1529]on the borders. The imprisonment of their chiefs, and a noted expedition, in which many of the principal thieves were executed (see introduction to the ballad, called Johnie Armstrong), produced such good effects, that, according to an ancient picturesque history, "thereafter there was great peace and rest a long time, where through the king had great profit; for he had ten thousand sheep going in the Ettrick forest, in keeping by Andrew Bell, who made the king so good count of them, as [xxiv] they had gone in the hounds of Fife." Pitscottie, p. 153.

A breach with England interrupted the tranquillity [1533] of the borders. The Earl of Northumberland, a formidable name to Scotland, ravaged the middle marches, and burned Branxholm, the abode of Buccleuch, the hereditary enemy of the English name. Buccleuch, with the barons of Cessford and Fairnihirst, retaliated by a raid into England, [1533]where they acquired much spoil. On the east march, Fowberry was destroyed by the Scots, and Dunglass castle by D'Arcey, and the banished Angus.

A short peace was quickly followed by another war, which proved fatal to Scotland, and to her king. In the battle of Haddenrig, the English, and the exiled Douglasses, were defeated by the Lords Huntly and Home; but this was a transient gleam of success. Kelso was burned, and the borders [1542]ravaged, by the Duke of Norfolk; and finally, the rout of Solway moss, in which ten thousand men, the flower of the Scottish army, were dispersed and defeated by a band of five hundred English cavalry, or rather by their own dissentions, broke the proud [xxv] heart of James; a death, more painful a hundred fold than was met by his father in the field of Flodden.

When the strength of the Scottish army had sunk, without wounds, and without renown, the principal chiefs were led captive into England.—Among these was the Lord Maxwell, who was compelled, by the menaces of Henry, to swear allegiance to the English monarch. There is still in existence the spirited instrument of vindication, by which he renounces his connection with England, and the honours and estates which had been proffered him, as the price of treason to his infant sovereign. From various bonds of manrent, it appears, that all the western marches were swayed [1543]by this powerful chieftain. With Maxwell, and the other captives, returned to Scotland the banished Earl of Angus, and his brother, Sir George Douglas, after a banishment of fifteen years. This powerful family regained at least a part of their influence upon the borders; and, grateful to the kingdom which had afforded them protection during their exile, became chiefs of the English faction in Scotland, whose object it was to urge a contract of[xxvi] marriage betwixt the young queen and the heir apparent of England. The impetuosity of Henry, the ancient hatred betwixt the nations, and the wavering temper of the governor, Arran, prevented the success of this measure. The wrath of the disappointed monarch discharged itself in a wide-wasting and furious invasion of the east marches, conducted by the Earl of Hertford. Seton, Home, and Buccleuch, hanging on the mountains of Lammermoor, saw, with ineffectual regret, the fertile plains of Merse and Lothian, and the metropolis itself, reduced to a smoking desert. Hertford had scarcely retreated with the main army, when Evers and Latoun laid waste the whole vale of Tiviot, with a ferocity of devastation, hitherto unheard of^[15]. The same "lion mode of wooing," being pursued during the [xxvii] minority of Edward VI., totally alienated the affections even of those Scots who were most attached to the English interest. The Earl of Angus, in particular, united himself to the governor, and gave the English a sharp defeat at Ancram moor, [1545]a particular account of which action is subjoined to the ballad, entituled, "The Eve of St. John." Even the fatal defeat at Pinky, which at once renewed the carnage of Flodden, and the disgrace of Solway, served to prejudice the cause of the victors. The borders saw, with dread and detestation, the ruinous fortress of Roxburgh once more receive an English garrison, and the widow of Lord Home driven from his baronial castle, to [1547]make room for the "Southern Reivers." Many of the barons made a reluctant submission to Somerset; but those of the higher part of the marches remained among their mountains, meditating revenge. A similar incursion was made on the west borders by Lord Wharton, who, with five thousand men, ravaged and overran Annandale, Nithsdale, and Galloway, compelling the inhabitants to receive the yoke of England^[16].

The arrival of French auxiliaries, and of French gold, rendered vain the splendid successes of the English. One by one, the fortresses which they occupied were recovered by force, or by stratagem; and the vindictive cruelty of the Scottish borderers made dreadful retaliation for the, injuries they had sustained. An idea may be conceived of [xxix] this horrible warfare, from the memoirs of Beaugé, a French officer, serving in Scotland.

The castle of Fairnihirst, situated about three miles above Jedburgh, had been taken and garrisoned by the English. The commander and his [xxx] followers are accused of such excesses of lust and cruelty "as would," says Beaugé, "have made to tremble the most savage moor in Africa." A band of Frenchmen, with the laird of Fairnihirst, and [1549] his borderers, assaulted this fortress. The English archers showered their arrows down the steep ascent, leading to the castle, and from the outer wall by which it was surrounded. A vigorous escalade, however, gained the base court, and the sharp fire of the French arquebusiers drove the bowmen into the square keep, or dungeon, of the fortress. Here the English defended themselves, till a breach in the wall was made by mining. Through this hole the commandant creeped forth; and, surrendering himself to De la Mothe-rouge, implored protection from the vengeance of the borderers. But a Scottish marc-hman, eyeing in the captive the ravisher of his wife, approached him ere the French officer could guess his intention, and, at one blow, carried his head four paces from the trunk. Above a hundred Scots rushed to wash their hands in the blood of their oppressor, bandied about the severed head, and expressed their joy in such shouts, as if they had stormed the city of London. The prisoners, who [xxxi] fell into their merciless hands, were put to death, after their eyes had been torn out; the victors contending who should display the greatest address in severing their legs and arms, before inflicting a mortal wound. When their own prisoners were slain, the Scottish, with an unextinguishable thirst for blood, purchased those of the French; parting willingly with their very arms, in exchange for an English captive. "I myself," says Beaugé, with military sang-froid, "I myself sold them a prisoner for a small horse. They laid him down upon the ground, galloped over him with their lances in rest, and wounded him as they passed. When slain, they cut his body in pieces, and bore the mangled gobbets, in triumph, on the points of their spears. I cannot greatly praise the Scottish for this practice. But the truth is, that the English tyrannized over the borders in a most barbarous manner; and I think it was but fair to repay them, according to the proverb, in their own coin."—

Campagnes de Beaugé.

A peace, in 1551, put an end to this war; the most destructive which, for a length of time, had ravaged Scotland. Some attention was paid by the governor and queen-mother, to the administration of justice on the border; and the chieftains, who had distinguished themselves during the late troubles, received the honour of knighthood^[17]. [1522]At this time, also, the Debateable Land, a tract of country, situated betwixt the Esk and Sarke, claimed by both kingdoms, was divided by royal commissioners, appointed by the two crowns.—By their award, this land of contention was separated by a line, drawn from east to west, betwixt the rivers. The upper half was adjudged to Scotland, and the more eastern part to England. Yet the Debateable Land continued long after to be the residence of the thieves and banditti, to whom its dubious state had afforded a desirable refuge^[18].

In 1557, a new war broke out, in which rencounters on the borders were, as usual, numerous, and with varied success. In some of these, the too famous Bothwell is said to have given proofs of his courage, which was at other times very questionable^[19]. About this time the Scottish borderers seem to have acquired some ascendency over their southern neighbours.—Strype, Vol. III. p. 437—In 1559, peace was again restored.

The flame of reformation, long stifled in Scotland, now burst forth, with the violence of a volcanic eruption. The siege of Leith was commenced, by the combined forces of the Congregation and of England. The borderers cared little about speculative points of religion; but [xxxiii] they shewed themselves much interested in the treasures which passed through their country, for payment of the English forces at Edinburgh. Much alarm was excited, lest the marchers should intercept these weighty protestant arguments; and it was, probably, by voluntarily imparting a share in them to Lord Home, that he became a sudden convert to the new faith^[20].

Upon the arrival of the ill-fated Mary in her native country, she found the borders in a state of great disorder. The exertions of her natural brother (afterwards the famous regent, Murray) were necessary to restore some degree of tranquillity. He marched to Jedburgh, executed twenty or thirty of the transgressors, burned many houses, and brought a number of prisoners to Edinburgh. The chieftains of the principal clans were also obliged to grant pledges for their future obedience. A noted convention (for the particulars of which, see [xxxiv] Border Laws, p. 84.) adopted various regulations, which were attended with great advantage to the marches^[21].

The unhappy match, betwixt Henry Darnley and his sovereign, led to new dissentions on the border. The Homes, Kerrs, and other east marchers, hastened to support the queen, against Murray, Chatelherault, and other nobles, whom her marriage had offended. For the same purpose the Johnstones, Jardines, and clans of Annandale entered into bonds of confederacy. But Liddesdale was under the influence of England; in so much, that Randolph, the English minister, proposed to hire a band of strapping Elliots, to find Home business at home, in looking after his corn and cattle.—Keith, p. 265. App. 133.

This storm was hardly overblown, when Bothwell received the commission of lieutenant upon the borders; but, as void of parts as of principle, he could not even recover to the queen's allegiance his own domains in [xxxv] Liddesdale.—Keith, App. 165. The queen herself advanced to the borders, to remedy this evil, and to hold courts at Jedburgh. Bothwell was already in Liddesdale, where he had been severely wounded, in an attempt to seize John Elliot, of the Parke, a desperate freebooter; and happy had it been for Mary, had the dagger of the moss-trooper struck more home. Bothwell being transported to his castle of Hermitage, the queen, upon hearing the tidings, hastened thither, A dangerous morass, still called the Queen's Mire^[22], is pointed out by tradition as the spot where the lovely Mary, and her white palfrey, were in danger of perishing. The distance betwixt Hermitage and Jedburgh, by the way of Hawick, is nearly twenty-four English [xxxvi] miles. The queen went and returned the same day. Whether she visited a wounded subject, or a lover in danger, has been warmly disputed in our latter days.

To the death of Henry Darnley, it is said, some of the border lords were privy. But the subsequent marriage, betwixt the queen and Bothwell, alienated from her the affections of the chieftains of the marches, most of whom aided the association of the insurgent barons. A few gentlemen of the Merse, however, joined the army which Mary brought to Carberry-hill. But no one was willing to fight for the detested Bothwell, nor did Bothwell himself shew any inclination to put his person in jeopardy. The result to Mary was a rigorous captivity in Lochleven castle; and the name of Bothwell scarcely again pollutes the page of Scottish history.

The distress of a beautiful and afflicted princess softened the hearts of her subjects; and, when she escaped from her severe captivity, the most powerful barons in Scotland crowded around her standard. Among these were many of the west border men, under the lords Maxwell [xxxvii] and Herries^[23]. But the defeat at Langside was a death-blow to her interest in Scotland.

The death of the regent Murray, in 1569, excited the party of Mary to hope and to exertion. It seems, that the design of Bothwelhaugh, who slew him, was well known upon the borders; for, the very day on which the slaughter happened, Buccleuch and Fairnihirst, with their clans, broke into England, and spread devastation along the frontiers, with unusual ferocity. It is probable they well knew that the controuling hand of the regent was that day palsied by death. Buchanan exclaims loudly against this breach of truce with Elizabeth, charging Queen Mary's party with having "houndit furth proude and uncircumspecte young men, to hery, burne, and slay, and tak prisoneris, in her realme, and use all misordour and crueltie, not only usit in weir, but detestabil to all barbar and wild Tartaris, in slaying of prisoneris, and contrair to all humanitie and justice, keeping na promeis to [xxxviii] miserabil catives resavit anis to thair mercy "—Admonitioun to the trew lordis, Striveling, 1571. He numbers, among these insurgents, highlanders as well as borderers, Buccleuch and Fairnihirst, the Johnstons and Armstrongs, the Grants, and the clan Chattan. Besides these powerful clans, Mary numbered among her adherents, the Maxwells, and almost all the west border leaders, excepting Drumlanrig, and Jardine of Applegirth. On the eastern border, the faction of the infant king was more powerful; for, although deserted by Lord Home, the greater part of his clan, under the influence of Wedderburn, remained attached to that party. The laird of Cessford wished them well, and the Earl of Angus naturally followed the steps of his uncle Morton. A sharp and bloody invasion of the middle march, under the command of the Earl of Sussex, avenged with interest the raids of Buccleuch and Fairnihirst. The domains of these chiefs were laid waste, their castles burned and destroyed. The narrow vales of Beaumont and Kale, belonging to Buccleuch, were treated with peculiar severity; and the forrays of Hertford were equalled by that of Sussex. In vain did the chiefs request assistance from the government to [xxxix] defend their fortresses. Through the predominating interest of Elizabeth in the Scottish councils, this was refused to all but Home, whose castle, nevertheless, again received an English garrison; while Buccleuch and Fairnihirst complained bitterly that those, who had instigated their invasion, durst not even come so far as Lauder, to shew countenance to their defence against the English. The bickerings, which followed, distracted the whole kingdom. One celebrated exploit may be selected, as an illustration of the border fashion of war.

The Earl of Lennox, who had succeeded Murray in the regency, held a parliament at Stirling, in 1571. The young king was exhibited to the great council of his nation. He had been tutored to repeat a set speech, composed for the occasion; but, observing that the roof of the building was a little decayed, he interrupted his recitation, and exclaimed, with childish levity, "that there was a hole in the parliament,"—words which, in these days, were held to presage the [xl] deadly breach shortly to be made in that body, by the death of him in whose name it was convoked.

Amid the most undisturbed security of confidence, the lords, who composed this parliament, were roused at day-break, by the shouts of their enemies in the heart of the town. God and the Queen! resounded from every quarter, and, in a few minutes, the regent, with the astonished nobles of his party, were prisoners to a band of two hundred border cavalry, led by Scott of Buccleuch, and to the Lord Claud Hamilton, at the head of three hundred infantry. These enterprising chiefs, by a rapid and well concerted manoeuvre, had reached Stirling in a night march from Edinburgh, and, without so much as being bayed at by a watch-dog had seized the principal street of the town.—The fortunate obstinacy of Morton saved his party. Stubborn and undaunted, he defended his house till the assailants set it in flames, and then yielded with reluctance to his kinsman, Buccleuch. But the time, which he had gained, effectually served his cause. The borderers had dispersed to plunder the stables of the nobility; the infantry thronged tumultuously together on the main street, when the [xli] Earl of Mar, issuing from the castle, placed one or two small pieces of ordnance in his own half-built house^[24], which commands the market place. Hardly had the artillery begun to scour the street, when the assailants, surprised in their turn, fled with precipitation. Their alarm was increased by the townsmen thronging to arms. Those, who had been so lately triumphant, were now, in many instances, asking the protection of their own prisoners. In all probability, not a man would have escaped death, or captivity, but for the characteristic rapacity of Buccleuch's marauders, who, having seized and carried off all the horses in the town, left the victors no means of following the chace. The regent was slain by an officer, named Caulder, in order to prevent his being rescued. Spens of Ormeston, to whom he had surrendered, lost his life in a generous attempt to protect him^[25]. Hardly does our history present another enterprise, so well planned, so happily [xlii] commenced, and so strangely disconcerted. To the licence of the marchmen the failure was attributed; but the same cause ensured a safe retreat.—Spottiswoode, Godscroft, Robertson, Melville.

The wily Earl of Morton, who, after the short intervening regency of Mar, succeeded to the supreme authority, contrived, by force or artifice, to render the party of the king every where superior. Even on the middle borders, he had the address to engage in his cause the powerful, though savage and licentious, clans of Rutherford and Turnbull, as well as the citizens of Jedburgh. He was thus enabled to counterpoise his powerful opponents, Buccleuch and Fairnihirst, [xliv] in their own country; and, after an unsuccessful attempt to surprise Jedburgh even these warm adherents of Mary relinquished her cause in despair.

While Morton swayed the state, his attachment to Elizabeth, and the humiliation which many of the border chiefs had undergone, contributed to maintain good order on the marches, till James VI. himself assumed the reigns of government.—The intervening skirmish of the Reidswire (see the ballad under that title) was but a sudden explosion of the rivalry and suppressed hatred of the borderers of both kingdoms. In truth, the stern rule of Morton, and of his delegates, men unconnected with the borders by birth, maintained in that country more strict discipline than had ever been there exercised. Perhaps this hastened his fall.

The unpopularity of Morton, acquired partly by the strict administration of justice, and partly by avarice and severity, forced him from the regency. In 1578, he retired, apparently, from state affairs, to his castle of Dalkeith; which the populace, emphatically [xlv] expressing their awe and dread of his person, termed the Lion's Den. But Morton could not live in retirement; and, early in the same year, the aged lion again rushed from his cavern. By a mixture of policy and violence, he possessed himself of the fortress of Stirling, and of the person of James. His nephew, Angus, hastened to his assistance. Against him appeared his follower Cessford, with many of the Homes, and the citizens of Edinburgh. Alluding to the restraint of the king's person, they bore his effigy on their banners, with a rude rhyme, demanding liberty or death.—Birrel's Diary, ad annum, 1578. The Earl of Morton marched against his foes as far as Falkirk, and a desperate action must have ensued, but for the persuasions of Bowes, the English ambassador. The only blood, then spilt, was in a duel betwixt Tait, a follower of Cessford, and Johnstone, a west border man, attending upon Angus. They fought with lances, and on horseback, according to the fashion of the borders.—The former was unhorsed and slain, the latter desperately wounded.—Godscroft, Vol. II. p. 261. The prudence of the late regent appears to have abandoned him, when he was decoyed into a treaty upon this occasion. [xlvi] It was not long before Morton the veteran warrior, and the crafty statesman, was forced bend his neck to an engine of death^[26], the use of which he himself had introduced into Scotland.

Released from the thraldom of Morton, the king, with more than youthful levity, threw his supreme power into the hands of Lennox and Arran. The religion of the first, and the infamous character of the second favourite, excited the hatred of the commons, while their exclusive and engrossing power awakened the jealousy of the other nobles. James, doomed to be the sport of contending factions was seized at Stirling by the nobles, confederated in what was termed the Raid of Ruthven. But the conspirators soon suffered their prize to escape, and were rewarded for their enterprize by exile or death.

In 1585, an affray took place at a border meeting in which Lord Russel, the Earl of Bedford's eldest son, chanced to be slain. Queen Elizabeth imputed the guilt of this slaughter to Thomas Kerr of [xlvii] Fairnihirst, instigated by Arran. Upon the imperious demand of the English ambassador, both were committed to prison; but the minion, Arran, was soon restored to liberty and favour; while Fairnihirst, the dread of the English borderers and the gallant defender of Queen Mary, died in his confinement, of a broken heart.—Spottiswoode p. 341.

The tyranny of Arran becoming daily more insupportable the exiled lords, joined by Maxwell, Home, Bothwell, and other border chieftains, seized the town of Stirling, which was pillaged by their disorderly followers, invested the castle, which surrendered at discretion, and drove the favourite from the king's council^[27].

The king, perceiving the Earl of Bothwell among the armed barons, to whom he surrendered his person addressed him in these prophetic words:— "Francis, Francis, what moved thee to come in arms against [xlviii] thy prince, who never wronged thee? I wish thee a more quiet spirit, else I foresee thy destruction."—Spottiswoode, p. 343.

In fact, the extraordinary enterprizes of this nobleman disturbed the next ten years of James's reign. Francis Stuart, son to a bastard of James V., had been invested with the titles and estates belonging to his maternal uncle, James Hepburn, Earl of Bothwell, upon the forfeiture of that infamous man; and consequently became lord of Liddesdale, and of the castle of Hermitage.—This acquisition of power upon the borders, where he could easily levy followers, willing to undertake the most desperate enterprize, joined to the man's native daring and violent spirit, rendered Bothwell the most turbulent insurgent, that ever disturbed the tranquillity of a kingdom. During the king's absence in Denmark, Bothwell, swayed by the superstition of his age, had tampered with certain soothsayers and witches, by whose pretended art he hoped to atchieve the death of his monarch. In one of the courts of inquisition, which James delighted to hold upon the professors of the occult sciences, some of his cousin's proceedings [xlix] were brought to light, for which he was put in ward in the castle of Edinburgh. Burning with revenge, he broke from his confinement, and lurked for some time upon the borders, where he hoped for the countenance of his son-in-law, Buccleuch. Undeterred by the absence of that chief, who, in obedience to the royal command, had prudently retired to France, Bothwell attempted the desperate enterprize of seizing the person of the king, while residing in his metropolis. At the dead of night, followed by a band of borderers, he occupied the court of the palace of Holyrood, and began to burst open the doors of the royal apartments. The nobility, distrustful of each other, and ignorant of the extent of the conspiracy, only endeavoured to make good the defence of their separate lodgings; but darkness and confusion prevented the assailants from profiting by their disunion. Melville, who was present, gives a lively picture of the scene of disorder, transiently illuminated by the glare of passing torches; while the report of fire arms, the clatter of armour, the din of hammers thundering on the gates, mingled wildly with the war-cry of [xlx] the borderers, who shouted incessantly, "Justice! Justice! A Bothwell! A Bothwell!" The citizens of Edinburgh at length began to assemble for the defence of their sovereign; and Bothwell was compelled to retreat, which he did without considerable loss.—Melville, p. 356. A similar attempt on the person of James, while residing at Faulkland, also misgave; but the credit which Bothwell obtained on the borders, by these bold and desperate enterprizes, was incredible "All Tiviotdale," says Spottiswoode, "ran after him;" so that he finally obtained his object; and, at Edinburgh, in 1593, he stood before James, an unexpected apparition, with his naked sword in his hand. "Strike!" said James, with royal dignity—"Strike, and end thy work! I will not survive my dishonour." But Bothwell with unexpected moderation, only stipulated for remission of his forfeiture, and did not even insist on remaining at court, whence his party was shortly expelled, by the return of the Lord Home, and his other enemies. Incensed at this reverse, Bothwell levied a body of four hundred cavalry, and attacked the king's guard in broad day, upon the Borough [xlxi] Moor, near Edinburgh.—The ready succour of the citizens saved James from falling once more into the hands of his turbulent subject^[28]. On a subsequent day, Bothwell met the laird of Cessford, riding near Edinburgh, with whom he fought a single combat, which lasted for two hours^[29]. But his credit was now fallen; he retreated to England, whence he was driven by Elizabeth, and then wandered to Spain and Italy, where he subsisted, in indigence and obscurity, on the bread which he earned by apostatizing to the faith of Rome. So fell this agitator of domestic broils, whose name passed into a proverb, denoting a powerful and turbulent demagogue^[30].

While these scenes were passing in the metropolis the borders were furiously agitated by civil discord. The families of Cessford and Fairnihirst disputed their right to the wardenry of the middle marches, and to the provostry of Jedburgh; and William Kerr of Ancram, a follower of the latter, was murdered by the young chief of Cessford, at the instigation of his mother.—Spottiswoode, p. 383. But this was trifling, compared to the civil war, waged on the western frontier, between the Johnstones and Maxwells, of which there is a minute account in the introduction to the ballad, entitled, "Maxwell's Goodnight." Prefixed to that termed "Kinmont Willie" the reader will find an account of the last warden raids performed upon the border.

My sketch of border history now draws to a close. The accession of James to the English crown converted the extremity into the centre of his kingdom.

The east marches of Scotland were, at this momentous period, in a [xlxiii] state of comparative civilization. The rich soil of Berwickshire soon invited the inhabitants to the arts of agriculture.—Even in the days of Lesley, the nobles and barons of the Merse differed in manners from the other borderers, administered justice with regularity, and abstained from plunder and depredation.—De moribus Scotorum, p. 7. But, on the middle and western marches, the inhabitants were unrestrained moss-troopers and cattle drivers, knowing no measure of law, says Camden, but the length of their swords. The sterility of the mountainous country, which they inhabited, offered little encouragement to industry; and, for the long series of centuries, which we have hastily reviewed, the hands of rapine were never there folded in inactivity, nor the sword of violence returned to the scabbard. Various proclamations were in vain issued for interdicting the use of horses and arms upon the west border of England and Scotland^[31].

The evil was found to require the radical cure of extirpation. Buccleuch collected under his banners the most desperate of the border warriors, of whom he formed a legion, for the service of the states of Holland; who had as much reason to rejoice on their arrival upon the continent, as Britain to congratulate herself upon their departure. It may be presumed, that few of this corps ever returned to their native country. The clan of Graeme, a hardy and ferocious set of freebooters inhabiting chiefly the Debateable Land, by a very summary exertion of authority, was transported to Ireland, and their return prohibited under pain of death. Against other offenders, measures, equally arbitrary, were without hesitation pursued. Numbers of border riders were executed, without even the formality of a trial; and it is even [xlxv] said, that, in mockery of justice, assizes were held upon them after they had suffered. For these acts of tyranny, see Johnston, p. 374, 414, 39, 93. The memory of Dunbar's legal proceedings at Jedburgh, are preserved in the proverbial phrase, Jeddart Justice, which signifies, trial after execution. By this rigour though sternly and unconscientiously exercised the border marauders were, in the course of years, either reclaimed or exterminated; though nearly a century elapsed ere their manners were altogether assimilated to those of their countrymen^[32].

In these hasty sketches of border history, I have endeavoured to select, such incidents, as may introduce to the reader the character of the marchmen, more briefly and better than a formal essay upon their manners. If I have been successful in the attempt, he is already acquainted with the mixture of courage and rapacity by which they were distinguished; and has reviewed some of the scenes in which they acted a principal part. It is, therefore only necessary to notice, more minutely, some of their peculiar customs and modes of life.

Their morality was of a singular kind. The ranpine, by which they [xlxvi] subsisted, they accounted lawful and honourable. Ever liable to lose their whole substance, by an incursion of the English, on a sudden breach of truce, they cared little to waste their time in cultivating crops, to be reaped by their foes. Their cattle was, therefore, their chief property; and these were nightly exposed to the southern borderers, as rapacious and active as themselves. Hence, robbery assumed the appearance of fair reprisal. The fatal privilege of pursuing the marauders into their own country, for recovery of stolen goods, led to continual skirmishes The warden also, himself frequently the chieftain of a border horde, when redress was not instantly granted by the opposite officer, for depredations sustained by his district, was entitled to retaliate upon England by a warden raid. In such cases, the moss-troopers, who crowded to his standard, found themselves pursuing their craft under legal authority, and became the favourites and followers of the military magistrate, whose duty it was to have checked and suppressed them. See the curious history of Geordie Bourne, App. No. II. Equally unable and unwilling to [xlxvii] make nice distinctions, they were not to be convinced, that what was to-day fair booty, was to-morrow a subject of theft. National animosity usually gave an additional stimulus to their rapacity; although it must be owned, that their depredations extended also to the more cultivated parts of their own country^[33].

Satchells, who lived when the old border ideas of meum and tuum were still in some force, endeavours to draw a very nice distinction betwixt a freebooter and a thief; and thus sings he of the Armstrongs:

The inhabitants of the inland counties did not understand these subtle distinctions. Sir David Lindsay, in the curious drama, published by Mr Pinkerton, introduces, as one of his dramatis personae, Common Thift, a borderer, who is supposed to come to Fife to steal the Earl of Rothes' best hackney, and Lord Lindsay's brown jennet. Oppression also (another personage there introduced), seems to be connected with the borders; for, finding himself in danger, he exclaims,—

Again, when Common Thift is brought to condign punishment, he remembers his border friends in his dying speech:

Sir Richard Maitland, incensed at the boldness and impunity of the thieves of Liddesdale in his time, has attacked them with keen iambicks. His satire, which, I suppose, had very little effect at the time, forms No. III, of the appendix to this introduction.

The borderers had, in fact, little reason to regard the inland Scots as their fellow subjects, or to respect the power of the crown. They were frequently resigned, by express compact, to the bloody retaliation of the English, without experiencing any assistance from their prince, and his more immediate subjects. If they beheld him, it was more frequently in the character of an avenging judge, than of a protecting sovereign. They were, in truth, during the time of peace, a kind of outcasts, against whom the united powers of England and Scotland were often employed. Hence, the men of the borders had little [xlxxi] attachment to the monarchs, whom they termed, in derision, the kings of Fife and Lothian; provinces which they were not legally entitled to inhabit^[34], and which, therefore, they pillaged with as little remorse as if they had belonged to a foreign country. This strange, precarious, and adventurous mode of life, led by the borderers, was not without its pleasures, and seems, in all probability, hardly so disagreeable to us, as the monotony of regulated society must have been to those, who had been long accustomed to a state of rapine. Well has it been remarked, by the eloquent Burke, that the shifting tides of fear and hope, the flight and pursuit, the peril and escape, alternate famine and feast, of the savage and the robber, after a time render all course of slow, steady, progressive, unvaried occupation and the prospect only of a limited mediocrity at the end of long labour, to the last degree tame, languid, and insipid. The interesting nature of their exploits may be conceived from the account of Camden.

"What manner of cattle stealers they are, that inhabit these valleys in the marches of both kingdoms, John Lesley, a Scotchman himself, and bishop of Ross, will inform you. They sally out of their own borders, in the night, in troops, through unfrequented bye-ways, and many intricate windings. All the day-time, they refresh themselves and their horses in lurking holes they had pitched upon before, till they arrive in the dark at those places they have a design upon. As soon as they have seized upon the booty, they, in like manner, return home in the night, through blind ways, and fetching many a compass. The more skilful any captain is to pass through those wild deserts, crooked turnings, and deep precipices, in the thickest mists and darkness, his reputation is the greater, and he is looked upon as a man of an excellent head.—And they are so very cunning, that they seldom have their booty taken from them, unless sometimes, when, by the help of blood-hounds following them exactly upon the tract, they may chance to fall into the hands of their adversaries. When being taken, they have [xlxxiii] so much persuasive eloquence, and so many smooth insinuating words at command, that if they do not move their judges, nay, and even their adversaries (notwithstanding the severity of their natures), to have mercy, yet they incite them to admiration and compassion."—Camden's Britannia. The reader is requested to compare this curious account, given by Lesley, with the ballad, called Hobble Noble^[35].

The inroads of the marchers, when stimulated only by the desire of plunder, were never marked with cruelty, and seldom even with bloodshed, unless in the case of opposition. They held, that property was common to all who stood in want of it; but they abhorred and avoided the crime of unnecessary homicide.—Lesley, p. 63. This was, perhaps, partly owing to the habits of intimacy betwixt the borderers of both kingdoms, notwithstanding their mutual hostility, and reciprocal depredations. A natural intercourse took place between the English and Scottish marchers, at border meetings, and during the short intervals of peace. They met frequently at parties of the chace and foot-ball; and it required many and strict regulations, on both sides, to prevent them from forming intermarriages, and from cultivating too close a degree of intimacy.—Scottish Acts, 1587, c. 105; Wharton's Regulations, 6th Edward VI. The custom, also, of paying black-mail, or protection-rent, introduced a connection betwixt the countries; for, a Scottish borderer, taking black-mail from an English inhabitant, was not only himself bound to abstain from injuring such person, but also to maintain his quarrel, [xlxxv] and recover his property, if carried off by others. Hence, an union arose betwixt the parties, founded upon mutual interest, which counteracted, in many instances, the effects of national prejudice. The similarity of their manners may be inferred from that of their language. In an old mystery, imprinted at London, 1654, a mendicant borderer is introduced, soliciting alms of a citizen and his wife. To a question of the latter he replies, "Savying your honour, good maistress, I was born in Redesdale, in Northomberlande, and come of a wight riding sirname, call'd the Robsons: gude honeste men, and true, savyng a little shiftynge for theyr livyng; God help them, silly pure men." The wife answers, "What doest thou here, in this countrie? me thinke thou art a Scot by thy tongue." Beggar—"Trowe me never mair then, good deam; I had rather be hanged in a withie of a cow-taile, for thei are ever fare and fase."—Appendix to Johnstone's Sad Shepherd, 1783. p. 188. From the wife's observation, as well as from the dialect of the beggar, we may infer, that there was little difference between the Northumbrian and the [xlxxvi] border Scottish; a circumstance interesting in itself, and decisive of the occasional friendly intercourse among the marchmen. From all those combining circumstances arose the lenity of the borderers in their incursions and the equivocal moderation which they sometimes observed towards each other, in open war^[36].

This humanity and moderation was, on certain occasions, entirely laid aside by the borderers. In the case of deadly feud, either against an Englishman, or against any neighbouring tribe, the whole force of the offended clan was bent to avenge the death of any of their number. Their vengeance not only vented itself upon the homicide and his [xlxxviii] family, but upon all his kindred, on his whole tribe; on every one, in fine, whose death or ruin could affect him with regret.—Lesley, p. 63; Border Laws, passim; Scottish Acts, 1594, c. 231. The reader will find, in the following collection, many allusions to this infernal custom, which always overcame the marcher's general reluctance to shed human, blood, and rendered him remorselessly savage.

For fidelity to their word, Lesley ascribes high praise to the inhabitants of the Scottish frontier. When an instance happened to the contrary, the injured person, at the first border meeting, rode through the field, displaying a glove (the pledge of faith) upon the point of his lance, and proclaiming the perfidy of the person, who had [xlxxix] broken his word. So great was the indignation of the assembly against the perjured criminal, that he was often slain by his own clan, to wipe out the disgrace he had brought on them. In the same spirit of confidence, it was not unusual to behold the victors, after an engagement, dismiss their prisoners upon parole, who never failed either to transmit the stipulated ransom, or to surrender themselves to bondage, if unable to do so. But the virtues of a barbarous people, being founded not upon moral principle, but upon the dreams of superstition, or the capricious dictates of antient custom, can seldom be uniformly relied on. We must not, therefore, be surprised to find these very men, so true to their word in general, using, upon other occasions, various resources of cunning and chicane, against which the border laws were in vain directed.

The immediate rulers of the borders were the chiefs of the different clans, who exercised over their respective septs a dominion, partly patriarchal, and partly feudal. The latter bond of adherence was, however, the more slender; for, in the acts regulating the borders, [xlxxx] we find repeated mention of "Clannes having captaines and chieftaines, whom on they depend, oft-times against the willes of their landeslordes."—Stat. 1587, c. 95, and the Roll thereto annexed. Of course, these laws looked less to the feudal superior, than to the chieftain of the name, for the restraint of the disorderly tribes; and it is repeatedly enacted, that the head of the clan should be first called upon to deliver those of his sept, who should commit any trespass, and that, on his failure to do so, he should be liable to the injured party in full redress. Ibidem, and Stat. 1594, c. 231. By the same statutes, the chieftains and landlords, presiding over border clans, were obliged to find caution, and to grant hostages, that they would subject themselves to the due course of law. Such clans, as had no chieftain of sufficient note to enter bail for their quiet conduct, became broken men, outlawed to both nations.

From these enactments, the power of the border chieftains may be conceived; for it had been hard and useless to have punished them for the trespasses of their tribes, unless they possessed over them [xlxxxi] unlimited authority. The abode of these petty princes by no means corresponded to the extent of their power. We do not find, on the Scottish borders, the splendid and extensive baronial castles, which graced and defended the opposite frontier. The gothic grandeur of Alnwick, of Raby, and of Naworth, marks the wealthier and more secure state of the English nobles. The Scottish chieftain, however extensive his domains, derived no advantage, save from such parts as he could himself cultivate or occupy. Payment of rent was hardly known on the borders, till after the union^[37]. All that the landlord could gain, from those residing upon his estate, was their personal service in battle, their assistance in labouring the land retained in his natural possession, some petty quit-rents, of a nature resembling the feudal [xlxxxii] casualties, and perhaps a share in the spoil which they acquired by rapine^[38]. This, with his herds of cattle and of sheep, and with the black mail, which he exacted from his neighbours, constituted the revenue of the chieftain; and, from funds so precarious, he could rarely spare sums to expend in strengthening or decorating his habitation. Another reason is found in the Scottish mode of warfare. It was early discovered, that the English surpassed their neighbours in the arts of assaulting or defending fortified places. The policy of the Scottish, therefore, deterred them from erecting upon the borders buildings of such extent and strength, as, being once taken by the foe, would have been capable of receiving a permanent garrison^[39]. To [xlxxxiii] themselves, the woods and hills of their country were pointed out, by the great Bruce, as their safest bulwarks; and the maxim of the Douglasses, that "it was better to hear the lark sing, than the mouse cheep," was adopted by every border chief. For these combined reasons, the residence of the chieftain was commonly a large square battlemented^[40] tower, called a keep, or peel; placed [xlxxxiv] on a precipice, or on the banks of a torrent, and, if the ground would permit, surrounded by a moat. In short, the situation of a border house, surrounded by woods, and rendered almost inaccessible by torrents, by rocks, or by morasses, sufficiently indicated the pursuits and apprehensions of its inhabitant.—"Locus horroris et vastae solitudinis, aptus ad praedam, habilis ad rapinam, habitatoribus suis lapis erat offensiones et petra scandali, utpote qui stipendiis suis minime contenti totum de alieno parum de suo possidebant—totius provinciae spolium." No wonder, therefore, that James V., on approaching the castle of Lochwood, the antient seat of the Johnstones, is said to have exclaimed, "that he who built it must have been a knave in his heart." An outer wall, with some slight fortifications, served as a protection for the cattle at night. The walls of these fortresses were of an immense thickness, and they could easily be defended against any small force; more especially, as, the rooms being vaulted, each story formed a separate lodgement, capable of being held out for a considerable time. On such occasions, the [xlxxxv] usual mode, adopted by the assailants, was to expel the defenders, by setting fire to wet straw in the lower apartments. But the border chieftains seldom chose to abide in person a siege of this nature; and I have not observed a single instance of a distinguished baron made prisoner in his own house^[41].—Patten's Expedition, p. 35. The common people resided in paltry huts, about the safety of which they were little anxious, as they contained nothing of value. On the approach of a superior force, they unthatched them, to prevent their being burned, and then abandoned them to the foe.—Stowe's Chronicle, p. 665. Their only treasures were, a fleet and active horse, with the ornaments which their rapine had procured for the females of their family, of whose gay appearance the borderers were vain.

Some rude monuments occur upon the borders, the memorial of ancient valour. Such is the cross at Milholm, on the banks of the Liddel, said to have been erected in memory of the chief of the Armstrongs, murdered treacherously by Lord Soulis, while feasting in Hermitage [xlxxxvi] castle. Such also, a rude stone, now broken, and very much defaced, placed upon a mount on the lands of Haughhead, near the junction of the Kale and Teviot. The inscription records the defence made by Hobbie Hall, a man of great strength and courage against an attempt by the powerful family of Ker, to possess themselves of his small estate^[42].

The same simplicity marked their dress and arms. Patten observes, that in battle the laird could not be distinguished from the serf: all wearing the same coat armour, called a jack, and the baron being only distinguished by his sleeves of mail, and his head-piece. The [xlxxxvii] borderers, in general, acted as light cavalry; riding horses of a small size, but astonishingly nimble, and trained to move, by short bounds, through the morasses with which Scotland abounds. Their offensive weapons were, a lance of uncommon length; a sword, either two-handed, or of the modern light size; sometimes a species of battle-axe, called a Jedburgh-staff; and, latterly, dags, or pistols. Although so much accustomed to act on horseback, that they held it even mean to appear otherwise, the marchmen occasionally acted as infantry; nor were they inferior to the rest of Scotland in forming that impenetrable phalanx of spears, whereof it is said, by an English historian, that "sooner shall a bare finger pierce through the skin of an angry hedge-hog, than any one encounter the brunt of their pikes." At the battle of Melrose, for example, Buccleuch's army fought upon foot. But the habits of the borderers fitted them particularly to distinguish themselves as light cavalry; and hence the name of prickers and hobylers, so frequently applied to them. At the blaze of their beacon fires, they were wont to assemble ten thousand [xlxxxviii] horsemen in the course of a single day. Thus rapid in their warlike preparations, they were alike ready for attack and defence. Each individual carried his own provisions, consisting of a small bag of oatmeal, and trusted to plunder, or the chace, for ekeing out his precarious meal. Beaugé remarks, that nothing surprised the Scottish cavalry so much as to see their French auxiliaries encumbered with baggage-waggons, and attended by commissaries. Before joining battle, it seems to have been the Scottish practice to set fire to the litter of their camp, while, under cover of the smoke, the hobylers, or border cavalry, executed their manoeuvres.—There is a curious account of the battle of Mitton, fought in the year 1319, in a valuable MS. Chronicle of England, in the collection of the Marquis of Douglas, from which this stratagem seems to have decided the engagement. "In meyn time, while the wer thus lastyd, the kynge went agane into Skotlonde, that hitte was wonder for to wette, and bysechyd the towne of Barwick; but the Skottes went over the water of Sold, that was iii myle from the hoste, and prively they stole awaye [xlxxxix] be nyghte, and come into England, and robbed and destroyed all that they myght, and spared no manner thing til that they come to Yorke. And, whan the Englischemen, that wer left att home, herd this tiding, all tho that myght well travell, so well monkys and priestis, and freres, and chanouns, and seculars, come and met with the Skottes at Mytone of Swale, the xii day of October. Allas, for sorow for the Englischemen! housbondmen, that could nothing in wer, ther were quelled and drenchyd in an arm of the see. And hyr chyftaines, Sir William Milton, ersch-biishop of Yorke, and the abbot of Selby, with her stedes, fled and com into Yorke; and that was her owne folye that they had that mischaunce; for the passyd the water of Swale, and the Skottes set on fiir three stalkes of hey, and the smoke thereof was so huge, that the Englischemen might nott se the Scottes; and whan the Englischemen were gon over the water, tho cam the Skottes, with hir wyng, in maner of a sheld, and come toward the Englischemen in ordour. And the Englischemen fled for unnethe they had any use of armes, [xc] for the kyng had hem al almost lost att the sege of Barwick. And the Scotsmen hobylers went betwene the brigge and the Englischemen; and when the gret hoste them met, the Englischemen fled between the hobylers and the gret hoste; and the Englischemen were ther quelled, and he that myght wend over the water were saved, but many were drowned. Alas! for there were slayn many men of religion, and seculars, and pristis, and clerks, and with much sorwe the erschbischope scaped from the Skottes; and, therefore, the Skottes called that battell the White Battell"

For smaller predatory expeditions, the borderers had signals, and places of rendezvous, peculiar to each tribe. If the party set forward before all the members had joined, a mark, cut in the turf, or on the bark of a tree, pointed out to the stragglers the direction which the main body had pursued^[43].

Their warlike convocations were, also, frequently disguised, under pretence of meetings for the purpose of sport. The game of foot-ball, in particular which was anciently, and still continues to be, a favourite border sport, was the means of collecting together large bodies of moss-troopers, previous to any military exploit. When Sir Robert Carey was warden of the east marches, the knowledge that there was a great match of foot-ball at Kelso, to be frequented by the principal Scottish riders, was sufficient to excite his vigilance and his apprehension^[44]. Previous also to the murder of Sir John Carmichael (see Notes on the Raid of the Reidswire,) it appeared at the trial of the perpetrators that they had assisted at a grand foot-ball meeting, where the crime was concerted.

Upon the religion of the borderers there can very little be said. We have already noticed, that they remained attached to the Roman Catholic faith rather longer than the rest of Scotland. This probably arose from a total indifference upon the subject; for, we no where find in their character the respect for the church, which is a marked [xcii] feature of that religion. In 1528, Lord Dacre complains heavily to Cardinal Wolsey, that, having taken a notorious freebooter, called Dyk Irwen, the brother and friends of the outlaw had, in retaliation, seized a man of some property, and a relation of Lord Dacre, called Jeffrey Middleton, as he returned from a pilgrimage to St. Ninian's, in Galloway; and that, notwithstanding the sanctity of his character, as a true pilgrim, and the Scottish monarch's safe conduct, they continued to detain him in their fastnesses, until he should redeem the said arrant thief, Dyk Irwen. The abbeys, which were planted upon the border, neither seem to have been much respected by the English, nor by the Scottish barons. They were repeatedly burned by the former, in the course of the border wars, and by the latter they seem to have been regarded chiefly as the means of endowing a needy relation, or the subject of occasional plunder. Thus, Andrew Home of Fastcastle, about 1488, attempted to procure a perpetual feu of certain possessions belonging to the abbey of Coldinghame; and being baffled, by the king bestowing that opulent benefice upon [xciii] the royal chapel at Stirling, the Humes and Hepburns started into rebellion; asserting, that the priory should be conferred upon some younger son of their families, according to ancient custom. After the fatal battle of Flodden, one of the Kerrs testified his contempt for clerical immunities and privileges, by expelling from his house the abbot of Kelso. These bickerings betwixt the clergy and the barons were usually excited by disputes about their temporal interest. It was common for the churchmen to grant lands in feu to the neighbouring gentlemen, who, becoming their vassals, were bound to assist and protect them^[45]. But, as the possessions and revenues of the benefices became thus intermixed with those of the laity, any attempts rigidly to enforce the claims of the church were usually attended by the most scandalous disputes. A petty warfare was carried on for years, betwixt James, abbot of Dryburgh, and the family of Halliburton [xciv] of Mertoun, or Newmains, who held some lands from that abbey. These possessions were, under various pretexts, seized and laid waste by both parties; and some bloodshed took place in the contest, betwixt the lay vassals and their spiritual superior. The matter was, at length, thought of sufficient importance to be terminated by a reference to his majesty; whose decree arbitral, dated at Stirling, the 8th of May, 1535, proceeds thus: "Whereas we, having been advised and knowing the said gentlemen, the Halliburtons, to be leal and true honest men, long servants unto the saide abbeye, for the saide landis, stout men at armes, and goode borderers against Ingland; and doe therefore decree and ordaine, that they sail be re-possess'd, and bruik and enjoy the landis and steedings they had of the said abbeye, paying the use and wonte: and that they sall be goode servants to the said venerabil father, like as they and their predecessours were to the said venerabil father, and his predecessours, and he a good master to them^[46]." It is unnecessary to detain the reader with other [xcv] instances of the discord, which prevailed anciently upon the borders, betwixt the spiritual shepherd and his untractable flock.

The reformation was late of finding its way into the border wilds; for, while the religious and civil dissentions were at the height in 1568, Drury writes to Cecil,—"Our trusty neighbours of Teviotdale are holden occupied only to attend to the pleasure and calling of their own heads, to make some diversion in this matter." The influence of the reformed preachers, among the borders, seems also to have been but small; for, upon all occasions of dispute with the kirk, James VI. was wont to call in their assistance. Calderwood, p. 129.

We learn from a curious passage in the life of Richard Cameron, a fanatical preacher during the time of what is called "the persecution," that some of the borderers retained to a late period their indifference about religious matters. After having been licensed at Haughhead, in Teviotdale, he was, according to his biographer, sent first to preach in Annandale. "He said, 'how can I go there? I know what sort of people they are.' 'But,' Mr. Welch said, 'go your way, Ritchie, and set the fire of hell to their tails.' He went; and, the first day, he preached upon that text, Home shall I put thee among the children, &c.. In the application he said, 'Put you among the children! the offspring of thieves and robbers! we have all heard of Annandale thieves.' Some of them got a merciful cast that day, and told afterwards, that it was the first field meeting they ever attended, and that they went out of mere curiosity, to see a minister preach in a tent, and people sit on the ground." Life of Richard Cameron^[47].

Cleland, an enthusiastic Cameronian, lieutenant-colonel of the regiment levied after the Revolution from among that wild and fanatical sect, claims to the wandering preachers of his tribe the merit of converting the borderers. He introduces a cavalier, haranguing the Highlanders, and ironically thus guarding them against the fanatic divines:

The poet of the whigs might exaggerate the success of their teachers; yet, it must be owned, that their doctrine of insubordination, joined to their vagrant and lawless habits, was calculated strongly to conciliate their border hearers.

But, though the church, in the border counties, attracted little veneration, no part of Scotland teemed with superstitious fears and observances more than they did. "The Dalesmen^[48]," says Lesley, "never count their beads with such earnestness as when they set out upon a predatory expedition." Penances, the composition betwixt guilt and conscience, were also frequent upon the borders. Of this we have a record in many bequests to the church, and in some more lasting monuments; such as the Tower of Repentance in Dumfries-shire, and, according to vulgar tradition, the church of Linton^[49], in [xciiii] Roxburghshire. In the appendix to this introduction. No. IV., the reader will find a curious league, or treaty of peace, betwixt two hostile clans, by which the heads of each became bound to make the four pilgrimages of Scotland, for the benefit of the souls of those of the opposite clan, who had fallen in the feud. These were superstitions, flowing immediately from the nature of the Catholic religion: but there was, upon the border, no lack of others of a more general nature. Such was the universal belief in spells, of which some traces may yet remain in the wild parts of the country. These were common in the time of the learned Bishop Nicolson, who derives them from the time of the Pagan Danes. "This conceit was the more heightened, by reflecting upon the natural superstition of our [xcix] borderers at this day, who were much better acquainted with, and do more firmly believe, their old legendary stories, of fairies and witches, than the articles of their creed. And to convince me, yet farther, that they are not utter strangers to the black art of their forefathers, I met with a gentleman in the neighbourhood, who shewed me a book of spells, and magical receipts, taken, two or three days before, in the pocket of one of our moss-troopers; wherein, among many other conjuring feats, was prescribed, a certain remedy for an ague, by applying a few barbarous characters to the body of the party distempered. These, methought, were very near a-kin to Wormius's Ram Runer, which, he says, differed wholly in figure and shape from the common runae. For, though he tells us, that these Ram Runer were so called, Eo quod molestias, dolores, morbosque hisce infligere inimicis soliti sunt magi; yet his great friend, Arng. Jonas, more to our purpose, says, that—His etiam usi sunt ad benefaciendum, juvandum, medicandum tam animi quam corporis morbis; atque ad ipsos cacodaemones pellendos et fugandos. I shall [c] not trouble you with a draught of this spell, because I have not yet had an opportunity of learning whether it may not be an ordinary one, and to be met with, among others of the same nature, in Paracelsus, or Cornelius Agrippa."—Letter from Bishop Nicolson to Mr. Walker; vide Camden's Britannia, Cumberland. Even in the editor's younger days, he can remember the currency of certain spells, for curing sprains, burns, or dislocations, to which popular credulity ascribed unfailing efficacy^[50]. Charms, however, against spiritual enemies, were yet more common than those intended to cure corporeal complaints. This is not surprising, as a fantastic remedy well suited an imaginary disease.

There were, upon the borders, many consecrated wells, for resorting to which the people's credulity is severely censured, by a worthy physician of the seventeenth century; who himself believed in a [ci] shower of living herrings having fallen near Dumfries. "Many run superstitiously to other wells, and there obtain, as they imagine, health and advantage; and there they offer bread and cheese, or money, by throwing them into the well." In another part of the MS. occurs the following passage. "In the bounds of the lands of Eccles, belonging to a lyneage of the name of Maitland, there is a loch called the Dowloch, of old resorted to with much superstition, as medicinal both for men and beasts, and that with such ceremonies, as are shrewdly suspected to have been begun with witchcraft, and increased afterward by magical directions: For, burying of a cloth, or somewhat that did relate to the bodies of men and women, and a shackle, or teather, belonging to cow or horse; and these being cast into the loch, if they did float, it was taken for a good omen of recovery, and a part of the water carried to the patient, though to remote places, without saluting or speaking to any they met by the way; but, if they did sink, the recovery of the party was hopeless. This custom was of late [cii] much curbed and restrained; but since the discovery of many medicinal fountains near to the place, the vulgar, holding that it may be as medicinal as these are, at this time begin to re-assume their former practice."—Account of Presbytery of Penpont, in Macfarlane's MSS.

The idea, that the spirits of the deceased return to haunt the place, where on earth they have suffered or have rejoiced, is, as Dr. Johnson has observed, common to the popular creed of all nations The just and noble sentiment, implanted in our bosoms by the Deity, teaches us, that we shall not slumber for ever, as the beasts that perish.—Human vanity, or credulity, chequers, with its own inferior and base colours, the noble prospect, which is alike held out to us by philosophy and by religion. We feel, according to the ardent expression of the poet, that we shall not wholly die; but from hence we vainly and weakly argue, that the same scenes, the same passions, shall delight and actuate the disembodied spirit, which affected it while in its tenement of clay. Hence the popular belief, that the [ciii] soul haunts the spot where the murdered body is interred; that its appearances are directed to bring down vengeance on its murderers; or that, having left its terrestrial form in a distant clime, it glides before its former friends, a pale spectre, to warn them of its decease. Such tales, the foundation of which is an argument from our present feelings to those of the spiritual world, form the broad and universal basis of the popular superstition regarding departed spirits; against which reason has striven in vain, and universal experience has offered a disregarded testimony. These legends are peculiarly acceptable to barbarous tribes; and, on the borders, they were received with most unbounded faith. It is true, that these supernatural adversaries were no longer opposed by the sword and battle-axe, as among the unconverted Scandinavians. Prayers, spells, and exorcisms, particularly in the Greek and Hebrew languages, were the weapons of the borderers, or rather of their priests and cunning men, against their aërial enemy^[51]. The belief in ghosts, which has [civ] been well termed the last lingering phantom of superstition, still maintains its ground upon the borders.

It is unnecessary to mention the superstitious belief in witchcraft, which gave rise to so much cruelty and persecution during the seventeenth century. There were several executions upon the borders for this imaginary crime, which was usually tried, not by the ordinary judges, but by a set of country gentlemen, acting under commission from the privy council^[52].

Besides these grand articles of superstitious belief, the creed of [cvi] the borderers admitted the existence of sundry classes of subordinate spirits, to whom were assigned peculiar employments. The chief of these were the Fairies, concerning whom the reader will find a long dissertation, in Volume Second. The Brownie formed a class of beings, distinct in habit and disposition from the freakish and mischievous elves. He was meagre, shaggy, and wild in his appearance. Thus, Cleland, in his satire against the Highlanders, compares them to

In the day time, he lurked in remote recesses of the old houses which he delighted to haunt; and, in the night, sedulously employed himself in discharging any laborious task which he thought might be acceptable to the family, to whose service he had devoted himself. His name is probably derived from the Portuni, whom Gervase of Tilbury describes thus: "Ecce enim in Anglia daemones quosdam habent, daemones, inquam, nescio dixerim, an secretae et ignotae generationis effigies, quos Galli Neptunos, Angli Portunos nominant. Istis insitum est quod simplicitatem fortunatonum colonorum amplectuntur, et [cvii] cum nocturnas propter domesticas operas agunt vigilias, subito clausis januis ad ignem califiunt, et ranunculus ex sinu projectas, prunis impositas concedunt, senili vultu, facie corrugata, statura pusilli, dimidium pollicis non habentes. Panniculis consertis induuntur, et si quid gestandum in domo fuerit, aut onerosi opens agendum, ad operandum se jungunt citius humana facilitate expediunt. Id illis insitum est, ut obsequi possint et obesse non possint."—Otia. Imp. p. 980. In every respect, saving only the feeding upon frogs, which was probably an attribute of the Gallic spirits alone, the above description corresponds with that of the Scottish Brownie. But the latter, although, like Milton's lubbar fiend, he loves to stretch himself [cviii] by the fire^[53], does not drudge from the hope of recompence. On the contrary, so delicate is his attachment, that the offer of reward, but particularly of food, infallibly occasions his disappearance for ever^[54]. We learn from Olaus Magnus, that spirits, somewhat similar in their operations to the Brownie, were supposed to haunt the Swedish mines. The passage, in the translation of 1658, runs thus: "This is collected in briefe, that in northerne kingdomes there are great armies of devils, that have their services, which they perform with the inhabitants of these countries: but they are most frequent in [cix] rocks and mines, where they break, cleave, and make them hollow: which also thrust in pitchers and buckets, and carefully fit wheels and screws, whereby they are drawn upwards; and they shew themselves to the labourers, when they list, like phantasms and ghosts." It seems no improbable conjecture, that the Brownie is a legitimate descendant of the Lar Familiaris of the ancients.

A being, totally distinct from those hitherto mentioned, is the Bogle, or Goblin; a freakish spirit, who delights rather to perplex and [cx] frighten mankind; than either to serve, or seriously to hurt, them. This is the Esprit Follet of the French; and Puck, or Robin Goodfellow, though enlisted by Shakespeare among the fairy band of Oberon, properly belongs to this class of phantoms. Shellycoat, a spirit, who resides in the waters, and has given his name to many a rock and stone upon the Scottish coast, belongs also to the class of bogles^[55]. When he appeared, he seemed to be decked with marine productions, and, in particular with shells, whose clattering announced his approach. From this circumstance he derived his name. He may, perhaps, be identified with the goblin [cxi] of the northern English, which, in the towns and cities, Durham and Newcastle for example had the name of Barquest; but, in the country villages, was more frequently termed Brag. He usually ended his mischievous frolics with a horse-laugh.

Shellycoat must not be confounded with Kelpy, a water spirit also, but of a much more powerful and malignant nature. His attributes have been the subject of a poem in Lowland Scottish, by the learned Dr. Jamieson of Edinburgh, which adorns the third volume of this collection. Of Kelpy, therefore, it is unnecessary to say any thing at present.

Of all these classes of spirits it may be, in general observed, that their attachment was supposed to be local, and not personal. They haunted the rock, the stream, the ruined castle, without regard to the persons or families to whom the property belonged. Hence, they differed entirely from that species of spirits, to whom, in the Highlands, is ascribed the guardianship, or superintendance of a particular clan, or family of distinction; and who, perhaps yet more [cxii] than the Brownie, resemble the classic household gods. Thus, in an MS. history of Moray, we are informed, that the family of Gurlinbeg is haunted by a spirit, called Garlin Bodacher; that of the baron of Kinchardin, by Lamhdearg^[56], or Red-hand, a spectre, one of whose hands is as red as blood; that of Tullochgorm, by May Moulach, a female figure, whose left hand and arm were covered with hair, who is also mentioned in Aubrey's Miscellanies, pp. 211, 212, as a familiar attendant upon the elan Grant. These superstitions were so ingrafted in the popular creed, that the clerical synods and presbyteries were wont to take cognizance of them^[57].

Various other superstitions, regarding magicians, spells, prophecies, &c., will claim our attention in the progress of this work. For the present, therefore taking the advice of an old Scottish rhymer, let us

The domestic economy of the borderers next engages our attention. That the revenue of the chieftain should be expended in rude hospitality, was the natural result of his situation. His wealth consisted chiefly in herds of cattle, which were consumed by the kinsmen, vassals, and [cix] followers, who aided him to acquire and to protect them^[59]. We learn from Lesley, that the borderers were temperate in the use of intoxicating liquors, and we are therefore left to conjecture how they occupied the time, when winter, or when accident, confined them to [cxv] their habitations. The little learning, which existed in the middle ages, glimmered a dim and a dying flame in the religious houses; and even in the sixteenth century, when its beams became more widely [cxvi] diffused, they were far from penetrating the recesses of the border mountains. The tales of tradition, the song, with the pipe or harp of the minstrel, were probably the sole resources against ennui, during the short intervals of repose from military adventure.

This brings us to the more immediate subject of the present publication.

Lesley, who dedicates to the description of border manners a chapter, which we have already often quoted, notices particularly the taste of the marchmen for music and ballad poetry. "Placent admodum sibi sua musica, et rythmicis suis cantionibus, quas de majorum suorum gestis, aut ingeniosis predandi precandive stratagematis ipsi confingunt. "—Leslaeus, in capitulo de moribus eorum, qui Scotiae limites Angliam versus incolunt. The more rude and wild the state of society, the more general and violent is the impulse received from poetry and music. The muse, whose effusions are the amusement of a very small part of a polished nation, records, in the lays of inspiration, the history the laws, the very religion, of [cxvii] savages.—Where the pen and the press are wanting, the low of numbers impresses upon the memory of posterity, the deeds and sentiments of their forefathers. Verse is naturally connected with music; and, among a rude people, the union is seldom broken. By this natural alliance, the lays, "steeped in the stream of harmony," are more easily retained by the reciter, and produce upon his audience a more impressive effect. Hence, there has hardly been found to exist a nation so brutishly rude, as not to listen with enthusiasm to the songs of their bards, recounting the exploits of their forefathers, recording their laws and moral precepts, or hymning the praises of their deities. But, where the feelings are frequently stretched to the highest pitch, by the vicissitudes of a life of danger and military adventure, this predisposition of a savage people, to admire their own rude poetry and music, is heightened, and its tone becomes peculiarly determined. It is not the peaceful Hindu at his loom, it is not the timid Esquimaux in his canoe, whom we must expect to glow at the war song of Tyrtaeus. [cxviii] The music and the poetry of each country must keep pace with their usual tone of mind, as well as with the state of society.

The morality of their compositions is determined by the same circumstances. Those themes are necessarily chosen by the bard, which regard the favourite exploits of the hearers; and he celebrates only those virtues, which from infancy he has been taught to admire. Hence, as remarked by Lesley, the music and songs of the borders were of a military nature, and celebrated the valour and success of their predatory expeditions. Razing, like Shakespeare's pirate, the eighth commandment from the decalogue, the minstrels praised their chieftains for the very exploits, against which the laws of the country denounced a capital doom.—An outlawed freebooter was to them a more interesting person, than the King of Scotland exerting his power to punish his depredations; and, when the characters are contrasted, the latter is always represented as a ruthless and sanguinary tyrant.—Spenser's description of the bards of Ireland applies in some degree, to our ancient border poets. "There is, among the Irish, a certain kinde of people, called bardes, which are to them instead of poets; whose [cxix] profession is to set forth the praises or dispraises of men, in their poems or rhymes; the which are had in such high regard or esteem amongst them, that none dare displease them, for fear of running into reproach through their offence, and to be made infamous in the mouths of all men; for their verses are taken up with a general applause, and usually sung at all feasts and meetings, by certain other persons, whose proper function that is, who also receive, for the same, great rewardes and reputation amongst them." Spenser, having bestowed due praise upon the poets, who sung the praises of the good and virtuous, informs us, that the bards, on the contrary, "seldom use to chuse unto themselves the doings of good men for the arguments of their poems; but whomsoever they finde to be most licentious of life, most bold and lawless in his doings, most dangerous and desperate in all parts of disobedience, and rebellious disposition, him they set up and glorify in their rhythmes; him they praise to the people, and to young men make an example to follow."—Eudoxus—"I marvail what kind of [cxx] speeches they can find, or what faces they can put on, to praise such bad persons, as live so lawlessly and licentiously upon stealths and spoyles, as most of them do; or how they can think, that any good mind will applaud or approve the same." In answer to this question, Irenaeus, after remarking the giddy and restless disposition of the ill educated youth of Ireland, which made them prompt to receive evil counsel, adds, that such a person, "if he shall find any to praise him, and to give him any encouragement, as those bards and rhythmers do, for little reward, or a share of a stolen cow^[60], then waxeth he most insolent, and half-mad, with the love of himself and his own lewd deeds. And as for words to set forth such lewdness, it is not hard for them to give a goodly and painted show thereunto, borrowed even from the praises which are proper to virtue itself. As [cxxi] of a most notorious thief, and wicked outlaw, which had lived all his life-time of spoils and robberies, one of their bardes, in his praise, will say, 'that he was none of the idle milk-sops that was brought up by the fire-side, but that most of his days he spent in arms and valiant enterprizes; that he never did eat his meat, before he had won it with his sword; that he lay not all night slugging in his cabin under his mantle, but used commonly to keep others waking to defend their lives, and did light his candle at the flames of their houses to lead him in the darkness; that the day was his night, and the night his day; that he loved not to be long wooing of wenches to yield to him; but, where he came, he took by force the spoil of other men's love, and left but lamentations to their lovers; that his music was not the harp, nor lays of love, but the cries of people, and clashing of armour; and, finally, that he died, not bewailed of many, but made many wail when he died, that dearly bought his death.' Do not you think, Eudoxus, that many of these praises might be applied to men of [cxxii] best deserts? Yet, are they all yielded to a most notable traitor, and amongst some of the Irish not smally accounted of."—State of Ireland. The same concurrence of circumstances, so well pointed out by Spenser, as dictating the topics of the Irish bards, tuned the border harps to the praise of an outlawed Armstrong, or Murray.

For similar reasons, flowing from the state of society, the reader must not expect to find, in the border ballads, refined sentiment, and, far less, elegant expression; although the stile of such compositions has, in modern hands, been found highly susceptible of both. But passages might be pointed out, in which the rude minstrel has melted in natural pathos, or risen into rude energy. Even where these graces are totally wanting, the interest of the stories themselves, and the curious picture of manners, which they frequently present, authorise them to claim some respect from the public. But it is not the editor's present intention to enter upon a history of border poetry; a subject of great difficulty, and which the extent of his information does not as yet permit him to engage in. He will, therefore, now lay before the reader the plan of the present [cxxiii] publication; pointing out the authorities from which his materials are derived and slightly noticing the nature of the different classes into which he has arranged them.

The MINSTRELSY of the SCOTTISH BORDER contains Three Classes of Poems:

The Historical Ballad relates events, which we either know actually to have taken place, or which, at least, making due allowance for the exaggerations of poetical tradition, we may readily conceive to have had some foundation in history. For reasons already mentioned, such ballads were early current upon the border. Barbour informs us, that he thinks it unnecessary to rehearse the account of a victory, gained in Eskdale over the English, because

Godscroft also, in his History of the House of Douglas, written in the reign of James VI., alludes more than once to the ballads current upon the border, in which the exploits of those heroes were celebrated. Such is the passage, relating to the death of William Douglas, Lord of Liddesdale, slain by the Earl of Douglas, his kinsman, his godson, and his chief^[61]. Similar strains of lamentation were poured by the [cxxv] border poets over the tomb of the Hero of Otterbourne; and over the unfortunate youths, who were dragged to an ignominious death, from the very table at which they partook of the hospitality of their sovereign. The only stanza, preserved of this last ballad, is uncommonly animated—

Who will not regret, with the editor, that compositions of such interest and antiquity should be now irrecoverable? But it is the nature of popular poetry, as of popular applause, perpetually to shift with the objects of the time; and it is the frail chance of recovering some old manuscript, which can alone gratify our curiosity regarding the earlier efforts of the border muse. Some of her later strains, composed during the sixteenth century, have survived even to the present day; but the recollection of them has, of late years, become like that of "a tale which was told." In the sixteenth century, these northern tales appear to have been popular even in London; for the [cxxvi] learned Mr. Ritson has obligingly pointed out to me the following passages, respecting the noted ballad of Dick o' the Cow (p. 157); "Dick o' the Cow, that mad demi-lance northern borderer, who plaid his prizes with the lord Jockey so bravely."—Nashe's Have with you to Saffren-Walden, or Gabriell Harvey's Hunt is up.—1596, 4to. Epistle Dedicatorie, sig. A. 2. 6. And in a list of books, printed for, and sold by, P. Brocksby (1688), occurs "Dick-a-the-Cow, containing north country songs^[62]." Could this collection have been found, it would probably have thrown much light on the present publication: but the editor has been obliged to draw his materials chiefly from oral tradition.

Something may be still found in the border cottages resembling the scene described by Pennycuik.

The causes of the preservation of these songs have either entirely ceased, or are gradually decaying Whether they were originally the composition of minstrels, professing the joint arts of poetry and music; or whether they were the occasional effusions of some self-taught bard; is a question into which I do not here mean to enquire. But it is certain, that, till a very late period, the pipers, of whom there was one attached to each border town of note, and whose [cxxviii] office was often hereditary, were the great depositaries of oral, and particularly of poetical, tradition. About spring time, and after harvest, it was the custom of these musicians to make a progress through a particular district of the country. The music and the tale repaid their lodging, and they were usually gratified with a donation of seed corn^[63]. This order of minstrels is alluded to in the comic song of Maggy Lauder, who thus addresses a piper—

By means of these men, much traditional poetry was preserved, which must otherwise have perished. Other itinerants, not professed musicians, found their welcome to their night's quarters readily [cxxix] insured by their knowledge in legendary lore. John Graeme, of Sowport, in Cumberland, commonly called The Long Quaker^[64], a person of this latter description, was very lately alive; and several of the songs, now published, have been taken down from his recitation. The shepherds also, and aged persons, in the recesses of the border mountains, frequently remember and repeat the warlike songs of their fathers. This is more especially the case in what are called the South Highlands, where, in many instances, the same families have occupied the same possessions for centuries.

It is chiefly from this latter source that the editor has drawn his materials, most of which were collected, many years ago, during his early youth. But he has been enabled, in many instances, to supply [cxxx] and correct the deficiencies of his own copies, from a collection of border songs, frequently referred to in the work, under the title of Glenriddell's MS. This was compiled, from various sources, by the late Mr. Riddell, of Glenriddel, a sedulous border antiquary, and, since his death, has become the property of Mr. Jollie, bookseller at Carlisle; to whose liberality the editor owes the use of it, while preparing this work for the press. No liberties have been taken, either with the recited or written copies of these ballads, farther than that, where they disagreed, which is by no means unusual, the editor, in justice to the author, has uniformly preserved what seemed to him the best, or most poetical, reading of the passage. Such discrepancies must very frequently occur, wherever poetry is preserved by oral tradition; for the reciter, making it a uniform principle to proceed at all hazards, is very often, when his memory fails him, apt to substitute large portions from some other tale, altogether distinct from that which he has commenced. Besides, the prejudices of clans and of districts have occasioned variations in the mode of telling [cxxxi] the same story. Some arrangement was also occasionally necessary, to recover the rhyme, which was often, by the ignorance of the reciters, transposed, or thrown into the middle of the line. With these freedoms, which were essentially necessary to remove obvious corruptions, and fit the ballads for the press, the editor presents them to the public, under the complete assurance, that they carry with them the most indisputable marks of their authenticity.

The same observations apply to the Second Class, here termed ROMANTIC BALLADS; intended to comprehend such legends as are current upon the border, relating to fictitious and marvellous adventures Such were the tales, with which the friends of Spenser strove to beguile his indisposition:

These, carrying with them a general, and not merely a local, interest, are much more extensively known among the peasantry of Scotland than the border-raid ballads, the fame of which is in general confined to [cxxxii] the mountains where they were originally composed. Hence, it has been easy to collect these tales of romance, to a number much greater than the editor has chosen to insert in this publication^[65]. With this class are now intermingled some lyric pieces, and some ballads, which, though narrating real events, have no direct reference to border history or manners. To the politeness and liberality of Mr. Herd, of Edinburgh, the editor of the first classical collection of Scottish songs and ballads (Edinburgh, 1774, 2 vols.), the editor is indebted for the use of his MSS., containing songs and ballads, published and unpublished, to the number of ninety and upwards. To this collection frequent references are made, in the course of the following pages. Two books of ballads, in MS., have also been communicated to me, by my learned and respected friend, Alexander Fraser Tytler, Esq^[66]. I take the liberty of transcribing Mr. Tytler's memorandum respecting the [cxxxiii] manner in which they came into his hands. "My father^[67] got the following songs from an old friend, Mr. Thomas Gordon, professor of philosophy, King's College, Aberdeen. The following extract of a letter of the professor to me, explains how he came by them:—"An aunt of my children, Mrs Farquhar, now dead, who was married to the proprietor of a small estate, near the sources of the Dee, in Braemar, a good old woman, who spent the best part of her life among flocks and herds, resided in her latter days in the town of Aberdeen. She was possest of a most tenacious memory, which retained all the songs she had heard from nurses and country-women in that sequestered part of the country. Being maternally fond of my children, when young, she had them much about her, and delighted them with her songs, and tales of chivalry. My youngest daughter, Mrs Brown, at Falkland, is blest with a memory as good as her aunt, and has almost the whole of her songs [cxxxiv] by heart. In conversation I mentioned them to your father, at whose request, my grandson, Mr Scott, wrote down a parcel of them, as his aunt sung them. Being then but a mere novice in music, he added, in the copy, such musical notes, as, he supposed, might give your father some notion of the airs, or rather lilts, to which they were sung."

From this curious and valuable collection, the editor has procured very material assistance. At the same time, it contains many beautiful legendary poems, of which he could not avail himself, as they seemed to be the exclusive property of the bards of Angus and Aberdeenshire. But the copies of such, as were known on the borders, have furnished him with various readings, and with supplementary stanzas, which he has frequent opportunities to acknowledge. The MSS. are cited under the name of Mrs. Brown of Falkland, the ingenious lady, to whose taste and memory the world is indebted for the preservation of the tales which they contain. The other authorities, which occur during the work, are particularly referred to. Much information has been [cxxxv] communicated to the editor, from various quarters, since the work was first published of which he has availed himself, to correct and enlarge the present edition.

In publishing both classes of ancient ballads, the editor has excluded those which are to be found in the common collections of this nature, unless in one or two instances, where he conceived it possible to give some novelty, by historical or critical illustration.

It would have been easy for the editor to have given these songs an appearance of more indisputable antiquity, by adopting the rude orthography of the period, to which he is inclined to refer them. But this (unless when MSS. of antiquity can be referred to) seemed too arbitrary an exertion of the privileges of a publisher, and must, besides, have unnecessarily increased the difficulties of many readers. On the other hand, the utmost care has been taken, never to reject a word or phrase, used by a reciter, however uncouth or antiquated. Such barbarisms, which stamp upon the tales their age and their nation, should be respected by an editor, as the hardy emblem of [cxxxvi] his country was venerated by the Poet of Scotland:

The meaning of such obsolete words is usually given at the bottom of the page. For explanation of the more common peculiarities of the Scottish dialect, the English reader is referred to the excellent glossary annexed to the last edition of Burns' works.

The Third Class of Ballads are announced to the public, as MODERN IMITATIONS of the Ancient Style of composition, in that department of poetry; and they are founded upon such traditions as we may suppose in the elder times would have employed the harps of the minstrels. This kind of poetry has been supposed capable of uniting the vigorous numbers and wild fiction, which occasionally charm us in the ancient ballad, with a greater equality of versification, and elegance of sentiment, than we can expect to find in the works of a rude age. But, [cxxxvii] upon my ideas of the nature and difficulty of such imitations, I ought in prudence to be silent; lest I resemble the dwarf, who brought with him a standard to measure his own stature. I may, however, hint at the difference, not always attended to, betwixt legendary poems and real imitations of the old ballad; the reader will find specimens of both in the modern part of this collection. The legendary poem, called Glenfinlas, and the ballad, entituled the Eve of St. John, were designed as examples of the difference betwixt these two kinds of composition.

It would have the appearance of personal vanity, were the editor to detail the assistance and encouragement which he has received, during his undertaking, from some of the first literary characters of our age. The names of Stuart, Mackenzie, Ellis, Currie, and Ritson, with many others, are talismans too powerful to be used, for bespeaking the world's favour to a collection of old songs; even although a veteran bard has remarked, "that both the great poet of Italian rhyme, Petrarch, and our Chaucer, and other of the upper house of the muses, [cxxxviii] have thought their canzons honoured in the title of a ballad." To my ingenious friend, Dr. John Leyden, my readers will at once perceive that I lie under extensive obligations, for the poetical pieces, with which he has permitted me to decorate my compilation; but I am yet farther indebted to him for his uniform assistance, in collecting and arranging materials for the work.

In the notes, and occasional dissertations, it has been my object to throw together, perhaps without sufficient attention to method, a variety of remarks, regarding popular superstitions, and legendary history, which, if not now collected, must soon have been totally forgotten. By such efforts, feeble as they are, I may contribute somewhat to the history of my native country; the peculiar features of whose manners and character are daily melting and dissolving into those of her sister and ally. And, trivial as may appear such an offering, to the manes of a kingdom, once proud and independent, I hang it upon her altar with a mixture of feelings, which I shall not attempt to describe.

APPENDIX. No. I.

LETTER FROM THE EARL OF SURREY, TO HENRY VIII. GIVING AN ACCOUNT OF THE STORM OF JEDBURGH.

Cott. MSS. Calig. B. III. fol. 29.

"Pleisith it your grace to be advertised, that upon Fridaye, at x a clok at nyght, I retourned to this towne, and all the garnysons to their places assigned, the bushopricke men, my Lorde of Westmoreland, and my Lord Dacre, in likewise evry man home with their companys, without los of any men, thanked be God; saving viii or x slayne, and dyvers hurt, at skyrmyshis and saults of the town of Gedwurth, and the forteressis, which towne is soo suerly brent, that no garnysons ner [cxli] none other shal bee lodged there, unto the tyme it bee newe buylded; the brennyng whereof I comytted to twoo sure men, Sir William Bulmer, and Thomas Tempeste. The towne was moche bettir then I went (i.e. ween'd) it had been, for there was twoo tymys moo houses therein then in Berwike, and well buylded, with many honest and faire houses therein, sufficiente to have lodged M horsemen in garnyson, and six good towres therein; whiche towne and towres be clenely distroyed, brent, and throwen downe. Undoubtedly there was noo journey made into Scotland, in noo manys day leving, with soo fewe a nombre that is recownted to be soo high an enterprice as this, bothe with thies contremen, and Scottishmen, nor of truthe so moche hurt doon. But in th' ende a great mysfortune ded fall, onely by foly, that such ordre, as was commaunded by me to be kepte, was not observed, the maner whereof hereaftir shall ensue. Bifore myn entre into Scotland, I appointed Sir William Bulmer and Sir William Evers too be marshallis of th' army; Sir William Bulmer for the vangard, and Sir William Evers for the reregard. In the vangard I appointed my Lord of Westmoreland, as chief, with all the bushopricke, Sir William Bulmer, Sir William Evers, my Lord Dacre, with all his company; and with me remayned all the rest of the garnysons, and the Northumberland men. I was of counsaill with the marshallis at th' ordering of our lodgingg, and our campe was soo well envirowned with ordynance, carts, and dikes, that hard it was to entre or issue, but at certain places appointed for [cxlii] that purpos, and assigned the mooste commodious place of the saide campe for my Lord Dacre company, next the water, and next my Lord of Westmoreland. And at suche tyme as my Lord Dacre came into the fald, I being at the sault of th' abby, whiche contynued unto twoo houres within nyght, my seid Lord Dacre wold in nowise bee contente to ly within the campe, whiche was made right sure, but lodged himself without, wherewith, at my retourne, I was not contente, but then it was to late to remove; the next daye I sente my seid Lorde Dacre to a strong hold, called Fernherst, the lorde whereof was his mortal enemy; and with hym, Sir Arthur Darcy, Sir Marmaduke Constable, with viii c. of their men, one cortoute, and dyvers other good peces of ordynance for the feld (the seid Fernherste stode marvelous strongly, within a grete woode); the seid twoo knights with the moost parte of their men, and Strickland, your grace servaunte, with my Kendall men, went into the woode on fote, with th' ordynance, where the said Kendall men were soo handled, that they found hardy men, that went noo foote back for theym; the other two knightes were alsoo soo sharply assayled, that they were enforced to call for moo of their men; and yet could not bring the ordynance to the forteresse, unto the tyme my Lord Dacre, with part of his horsemen, lighted on fote; and marvelously hardly handled himself, and fynally, with long skirmyshing, and moche difficultie, gat forthe th' ordynance within the howse and threwe [cxliii] downe the same. At which skyrmyshe, my seid Lord Dacre, and his brother, Sir Cristofer, Sir Arthure, and Sir Marmaduke, and many other gentilmen, did marvellously hardly; and found the best resistence that hath been seen with my comyng to their parties, and above xxxii Scottis sleyne, and not passing iiij Englishmen, but above lx hurt. Aftir that, my seid lord retournyng to the campe, wold in nowise bee lodged in the same, but where he laye the furst nyght. And he being with me at souper, about viij a clok, the horses of his company brak lowse, and sodenly ran out of his feld, in such nombre, that it caused a marvellous alarome in our feld; and our standing watche being set, the horses cam ronnyng along the campe, at whome were shot above one hundred shief of arrowes, and dyvers gonnys, thinking they had been Scotts, that wold have saulted the campe; fynally the horses were soo madde, that they ran like wild dere into the feld; above xv c. at the leest, in dyvers companys, and, in one place, above I felle downe a gret rok, and slewe theymself, and above ij c. ran into the towne being on fire, and by the women taken, and carried awaye right evill brent, and many were taken agayne. But, fynally, by that I can esteme by the nombre of theym that I sawe goo on foote the next daye, I think thare is lost above viij c. horses, and all with foly for lak of not lying within the camp. I dare not write the wondres that my Lord Dacre, and all his company, doo saye they sawe that nyght, vj. tymys [cxliv] of spirits and fereful sights. And unyversally all their company saye playnly, the devill was that nyght among theym vi tymys; whiche mysfortune hath blemyshed the best journey that was made in Scotland many yeres. I assure your grace I found the Scottes, at this tyme, the boldest men, and the hotest, that ever I sawe any nation, and all the journey, upon all parts of th' army, kepte us with soo contynuall skyrmyshe, that I never sawe the like. If they myght assemble xl M as good men as I nowe sawe, xv c or ij M, it wold bee a hard encountre to mete theym. Pitie it is of my Lord Dacres losse of the horses of his company; he brought with hym above iiij M. men, and came and lodged one night in Scotland, in his moost mortal enemy's centre. There is noo herdyer, ner bettir knyght, but often tyme he doth not use the most sure order, which he hath nowe payed derely for. Written at Berwike the xxvij of September.

Your most bownden,

T. SURREY.

APPENDIX, No. II.

HISTORY OF GEORDIE BOURNE.

In the following passages, extracted from the memoirs of Sir Robert Carey, then deputy of his father, Lord Hunsdon, warden of the east marches, afterwards Earl of Monmouth, the reader will find a lively illustration of the sketch given of border manners in the preceding Introduction.

"Having thus ended with my brother, I then beganne to thinke of the charge I had taken upon mee, which was the government of the east march, in my father's absence. I wrote to Sir Robert Kerr^[68], who was my opposite warden, a brave active young man, and desired him that hee would appoint a day, when hee and myselfe might privately meet in some part of the border, to take some good order for the quieting the borders, till my retourne from London, which journey I was shortly of [cxlvi] necessity to take. Hee stayed my man all night, and wrote to mee back, that hee was glad to have the happinesse to be acquainted with mee, and did not doubt but the country would be better governed by our good agreements. I wrote to him on the Monday, and the Thursday after hee appointed the place and hour of meeting.

"After hee had filled my man with drinke, and putt him to bed, hee, and some halfe a score with him, gott to horse, and came into England to a little village. There hee broke up a house, and tooke out a poore fellow, who (hee pretended) had done him some wrong, and before the doore cruelly murthered him, and so came quietly home, and went to bed. The next morning hee delivered my man a letter in answer to mine, and retourned him to mee. It pleased mee well at the reading of his kinde letter; but when I heard what a brave hee had put upon mee, I quickly resolved what to do, which was, never to have to do with him, till I was righted for the greate wrong hee had done mee. Upon this resolution, the day I should have mett with him I tooke post, and with all the haste I could, rode to London, leaving him to attend my coming to him as was appointed. There hee stayed from one till five, but heard no news of mee. Finding by this that I had neglected him, hee retourned home to his house, and so things rested (with greate dislike the one of the other) till I came back, which was with all the speede I could, my businesse being ended. The first thing [cxlvii] I did after my retourne, was to ask justice for the wrong hee had done mee; but I could gett none. The borderers, seeing our disagreement, they thought the time wished for of them was come. The winter being beganne, their was roades made out of Scotland into the east march, and goods were taken three or foure times a weeke. I had no other meanes left to quiet them, but still sent out of the garrison horsemen of Berwick, to watch in the fittest places for them, and it was their good hap many times to light upon them, with the stolen goods driving before them. They were no sooner brought before mee, but a jury went upon them, and, being found guilty, they were frequently hanged: a course which hath been seldom used, but I had no way to keep the country quiet but to do so; for, when the Scotch theeves found what a sharp course I tooke with them, that were found with the bloody hand, I had in a short time the country more quiet. All this while wee were but in jest as it were, but now beganne the greate quarrell betweene us.

"There was a favorite of his, a greate theife, called Geordie Bourne. This gallant, with some of his associates would, in a bravery, come and take goods in the east march. I had that night some of the garrison abroad. They met with this Geordie and his fellowes, driving of cattle before them. The garrison set upon them, and with a shott killed Geordie Bourne's unckle, and hee himselfe bravely resisting till he was sore hurt in the head, was taken. After hee was taken, his [cxlviii] pride was such, as hee asked, who it was that durst avow that nightes worke? but when hee heard it was the garrison, he was then more quiet. But so powerfull and awfull was this Sir Robert Kerr, and his favourites, as there was not a gentleman in all the east march that durst offend them. Presently after hee was taken, I had most of the gentlemen of the march come to mee, and told mee, that now I had the ball at my foote, and might bring Sir Robert Kerr to what conditions I pleased; for that this man's life was so neere and deare unto him, as I should have all that my heart could desire, for the good and quiet of the country and myselfe, if upon any condition I would give him his life. I heard them and their reasons; notwithstanding, I called a jury the next morning, and hee was found guilty of MARCH TREASON. Then they feared that I would cause him to be executed that afternoone, which made them come flocking to mee, humbly entreating mee, that I would spare his life till the next day, and if Sir Robert Kerr came not himselfe to mee, and made mee not such proffers, as I could not but accept, that then I should do with him what I pleased. And further, they told mee plainly, that if I should execute him, before I had heard from Sir Robert Kerr, they must be forced to quitt their houses and fly the country; for his fury would be such, against mee and the march I commanded, as hee would use all his power and strength to the utter destruction of the east march. They were so earnest with mee, that I gave them my word hee should not dye that day. There was [cxlix] post upon post sent to Sir Robert Kerr, and some of them rode to him themselves, to advertise him in what danger Geordie Bourne was; how he was condemned, and should have been executed that afternoone, but, by their humble suite, I gave them my word, that he should not dye that day; and therefore besought him, that hee would send to mee, with all the speede hee could, to let mee know, that hee would be the next day with mee to offer mee good conditions for the safety of his life. When all things were quiet, and the watch set at night, after supper, about ten of the clock, I tooke one of my men's liveryes, and putt it about mee, and tooke two other of my servants with mee in their liveryes, and we three, as the warden's men, came to the provost marshall's, where Bourne was, and were lett into his chamber. Wee sate down by him, and told him, that wee were desirous to see him, because wee heard hee was stoute and valiant, and true to his friend; and that wee were sorry our master could not be moved to save his life. He voluntarily of himselfe said, that hee had lived long enough to do so many villainies as hee had done; and withal told us, that hee had layne with about forty men's wives, what in England, what in Scotland; and that hee had killed seven Englishmen with his own hands, cruelly murthering them: that hee had spent his whole time in whoreing, drinking, stealing, and taking deep revenge for slight offences. Hee seemed to be very penitent, and much desired a minister for the comfort of his soule. Wee promised him to lett our master know his [cl] desire, who, wee knew, would presently grant it. Wee tooke our leaves of him, and presently I tooke order, that Mr. Selby, a very worthy honest preacher, should go to him, and not stirre from him till his execution the next morning; for, after I had heard his own confession, I was resolved no conditions should save his life: and so tooke order, that at the gates opening the next morning, hee should be carried to execution, which accordingly was performed. The next morning I had one from Sir Robert Kerr for a parley, who was within two miles staying for mee. I sent him word, "I would meet him where hee pleased, but I would first know upon what termes and conditions." Before his man was retourned, hee had heard, that in the morning, very early, Geordie Bourne had been executed. Many vowes hee made of cruell revenge, and retourned home full of griefe and disdaine, and, from that time forward still plotted revenge. Hee knew the gentlemen of the country were altogether sacklesse, and to make open road upon the march would but shew his malice, and lay him open to the punishment due to such offences. But his practice was how to be revenged on mee, or some of mine.

"It was not long after that my brother and I had intelligence, that there was a great match made at footeball and the chiefe ryders were to be there. The place they were to meet at was Kelsy, and that day, wee heard it, was the day for the meeting. Wee presently called a [cli] counsaile, and after much dispute it was concluded, that the likeliest place hee was to come to, was to kill the scoutes. And it was the more suspected, for that my brother, before my coming to the office, for the cattaile stolne out of the bounds, and as it were from under the walles of Barwicke, being refused justice (upon his complaint,) or at least delaid, sent off the garrison into Liddisdale, and killed there the chiefe offender, which had done the wrong.

"Upon this conclusion, there was order taken, that both horse and foote should lye in ambush, in diverse parts of the boundes, to defend the scoutes, and to give a sound blow to Sir Robert and his company. Before the horse and foote were sett out with directions what to do, it was almost darke night, and the gates ready to be lockt. Wee parted, and as I was by myselfe comeing to my house, God put it into my mind, that it might well be, hee meant destruction to my men, that I had sent out to gather tithes for mee at Norham, and their rendezvous was every night to lye and sup at an ale-house in Norham. I presently caused my page to take horse, and to ride as fast as his horse could carry him, and to command my servants (which were in all eight) that, presently upon his coming to them, they should all change their lodging, and go streight to the castle, there to lye that night in strawe and hay. Some of them were unwilling thereto, but durst not disobey; so altogether left their ale-house, and retired to the castle. They had not well settled themeselves to sleep, but they [clii] heard in the town a great alarm; for Sir Robert and his company came streight to the ale-house, broke open the doors, and made enquiry for my servants. They were answered, that by my command they were all in the castle. After they had searched all the house, and found none, they feared they were betrayed, and, with all the speede they could, made haste homewards again. Thus God blessed me from this bloody tragedy.

"All the whole march expected nightly some hurt to be done; but God so blessed mee and the government I held, as, for all his fury, hee never drew drop of blood in all my march, neither durst his theeves trouble it much with stealing, for fear of hanging, if they were taken. Thus wee continued a yeare, and then God sent a meanes to bring thinges to better quiet by this occasion.

"There had been commissioners in Barwicke, chosen by the queene and king of Scottes, for the better quieting of our borders. By their industry they found a great number of malefactors guilty, both in England and Scotland; and they tooke order, that the officers of Scotland should deliver such offenders, as were found guilty in their jurisdictions, to the opposite officers in England, to be detained prisoners, till they had made satisfaction for the goods they had taken out of England. The like order was taken with the wardens of England, and days prefixed for the delivery of them all. And in case [cliii] any of the officers, on either side, should omit their duties, in not delivering the prisoners at the dayes and places appointed, that then there should a course be taken by the soveraignes, that what chiefe officer soever should offend herein, he himself should be delivered and detained, till he had made good what the commissioners had agreed upon.

"The English officers did punctually, at the day and place, deliver their prisoners, and so did most of the officers of Scotland; only the Lord of Bocleuch and Sir Robert Kerr were faultie. They were complained of, and new dayes appointed for the delivery of their prisoners. Bocleuch was the first, that should deliver; and hee failing entered himselfe prisoner into Barwicke, there to remaine till those officers under his charge were delivered to free him. He chose for his guardian Sir William Selby, master of the ordinance at Barwicke. When Sir Robert Kerr's day of delivery came, he failed too, and my Lord Hume, by the king's command, was to deliver him prisoner into Barwicke upon the like termes, which was performed. Sir Robert Kerr (contrary to all men's expectation) chose mee for his guardian, and home I brought him to my own house, after hee was delivered to mee. I lodged him as well as I could, and tooke order for his diet, and men to attend on him, and sent him word, that (although by his harsh carriage towards mee, ever since I had that charge, he could not expect any favour, yet) hearing so much goodness of him, that hee [cxliv] never broke his word, if hee should give mee his hand and credit to be a true prisoner, hee would have no guard sett upon him, but have free liberty for his friends in Scotland to have ingresse and regresse to him as oft as hee pleased. He tooke this very kindly at my handes, accepted of my offer, and sent me thankes.

"Some four dayes passed; all which time his friends came into him, and hee kept his chamber. Then hee sent to mee, and desired mee, I would come and speake with him, which I did; and after long discourse, charging and re-charging one another with wrong and injuries, at last, before our parting, wee became good friends, with greate protestations, on his side, never to give mee occasion of unkindnesse again. After our reconciliation hee kept his chamber no longer, but dined and supt with mee. I tooke him abroad with mee at the least thrice a weeke, a hunting, and every day wee grew better friends. Bocleuch, in a few dayes after, had his pledges delivered, and was set at liberty. But Sir Robert Kerr could not get his, so that I was commanded to carry him to Yorke, and there to deliver him prisoner to the archbishop, which accordingly I did. At our parting, he professed greate love unto mee for the kinde usage I had shewn him, and that I would find the effects of it upon his delivery, which hee hoped would be shortly.

"Thus wee parted; and, not long after, his pledges were gott, and brought to Yorke, and hee sett at liberty. After his retourne home, I found him as good as his word. Wee met oft at dayes of truce, and I [clv] had as good justice as I could desire; and so wee continued very kinde and good friends, all the time that I stayed in that march, which was not long."

APPENDIX, No. III.

MAITLAND'S COMPLAYNT AGANIS THE THIEVIS OF LIDDISDAIL, FROM PINKERTON'S EDITION, COLLATED WITH A MS. OF MAITLAND'S POEMS, IN THE LIBRARY OF EDINBURGH COLLEGE.

APPENDIX, No. IV.

BOND OF ALLIANCE, OR FEUD STAUNCHING, BETWIXT THE CLANS OF SCOTT AND KER.

The battle of Melrose (see Introduction, p. xvii.) occasioned a deadly feud betwixt the name of Scott and Ker. The following indenture was designed to reconcile their quarrel. But the alliance, if it ever took effect, was not of long duration; for the feud again broke out about 1553, when Sir Walter Scott was slain by the Kers, in the streets of Edinburgh.

"Thir indentures, made at Ancrum the 16th of March, 1529 years, contains, proports, and bears leil and suithfast witnessing. That it is appointed, agreed, and finally accorded betwixt honourable men; that is to say, Walter Ker of Cessford, Andrew Ker of Fairnieherst, Mark Ker of Dolphinston, George Kerr, tutor of Cessford, and Andrew Ker of Primesideloch, for themselves, kin, friends, mentenants, assisters, allies, adherents, and partakers, on the one part; and Walter Scot of Branxholm, knight, Robert Scot of Allanhaugh, Robert Scot, tutor of Howpaisly, John Scot of Roberton, and Walter Scot of Stirkshaws, for themselves, their kin, friends, mentenants, servants, assisters, and adherents, on the other part; in manner, form, and effect, as after follows: For staunching all discord and variance betwixt them, and for furth-bearing of the king's authority, and punishing trespasses, and for amending all slaughters, heritages, and steedings, and all other pleas concerning thereto, either of these parties to others, and for unité, friendship, and concord, to be had in time coming 'twixt them, of our sovereign lord's special command: that is to say, either of the said parties, be the tenor hereof, remits and forgives to others the rancour, hatred, and malice of their hearts; and the said Walter Scot of Branxholm shall gang, or cause gang, at the will of the party, to the four head pilgrimages of Scotland, and shall say a mass for the souls of umquhile Andrew Ker of Cessford, and them that were slain in his company, in the field of Melrose; and, upon his expence, shall cause a chaplain say a mass daily, when he is disposed, in what place the said Walter Ker and his [clxii] friends pleases, for the well of the said souls, for the space of five years next to come.—Mark Ker of Dolphinston, Andrew Kerr of Graden, shall gang, at the will of the party, to the four head pilgrimages of Scotland, and shall gar say a mass for the souls of umquhile James Scot of Eskirk, and other Scots, their friends, slain in the field of Melrose; and, upon their expence, shall gar a chaplain say a mass daily, when he is disposed, for the heal of their souls, where the said Walter Scot and his friends pleases, for the space of three years next to come: and the said Walter Scot of Branxholm shall marry his son and heir upon one of the said Walter Ker his sisters; he paying, therefor, a competent portion to the said Walter Ker and his heir, at the sight of the friends of baith parties. And also, baith the saids parties bind and oblige them, be the faith and truth of their bodies, that they abide at the decreet and deliverance of the six men chosen arbiters, anent all other matters, quarrels, actiones, and debates, whilk either of them likes to propone against others betwixt the saids parties: and also the six arbiters are bound and obliged to decreet and deliver, and give forth their deliverance thereuntil, within year and day after the date hereof.—And attour, either of the saids parties bind and oblige them, be the faith and truth of their bodies, ilk ane to others, that they shall be leil and true to others, and neither of them will another's skaith, but they shall let it at their power, and give to others their best counsel, and it be asked; and [clxiii] shall take leil and aeffald part ilk ane with others, with their kin, friends, servants, allies, and partakers, in all and sundry their actions, quarrels, and debates, against all that live and die (may the allegiance of our sovereign lord the king allenarly be excepted).—And for the obliging and keeping all thir premises above written, baith the saids parties are bound and obliged, ilk ane to others, be the faith and truth of their bodies, but fraud or guile, under the pain of perjury, men-swearing, defalcation, and breaking of the bond of deadly. And, in witness of the whilk, ilk ane to the procuratory of this indenture remain with the said Walter Scot and his friends, the said Walter Ker of Cessford has affixed his proper seal, with his subscription manual, and with the subscription of the said Andrew Ker of Fairnieherst, Mark Ker of Dolphinston, George Ker, tutor of Cessford, and Andrew Ker of Primesideloch, before these witnesses, Mr. Andrew Drurie, abbot of Melrose, and George Douglas of Boonjedward, John Riddel of that ilk, and William Stewart.

Sic Subscribitur,

WALTER KER of Cessford.

ANDREW KER of Fairnieherst.

MARK KER.

GEORGE KER.

ANDREW KER of Primesideloch."

N.B. The four pilgrimages are Scoon, Dundee, Paisley, and Melrose.

APPENDIX, No. V.

ANE INTERLUDE OF THE LAYING OF A GAIST.

This burlesque poem is preserved in the Bannatyne MSS. It is in the same strain with the verses concerning the Gyre Carline (Vol. II.) As the mention of Bettokis Bowr occurs in both pieces, and as the scene of both is laid in East Lothian, they are perhaps composed by the same author. The humour of these fragments seems to have been directed against the superstitions of Rome; but it is now become very obscure. Nevertheless, the verses are worthy of preservation, for the sake of the ancient language and allusions.

APPENDIX, No. VI.

SUPPLEMENTAL STANZAS TO COLLINS'S ODE ON THE SUPERSTITIONS OF THE HIGHLANDS.

BY

WILLIAM ERSKINE, ESQ. ADVOCATE.

The editor embraces this opportunity of presenting the reader with the following stanzas, intended to commemorate some striking Scottish superstitions, omitted by Collins in his ode upon that subject; and which, if the editor can judge with impartiality of the production of a valued friend, will be found worthy of the sublime original. The reader must observe, that these verses form a continuation of the [clxx] address, by Collins, to the author of Douglas, exhorting him to celebrate the traditions of Scotland. They were first published in the Edinburgh Magazine, for April, 1788.

MINSTRELSY
OF THE
SCOTTISH BORDER.

PART FIRST.

HISTORICAL BALLADS.

SIR PATRICK SPENS.

One edition of the present ballad is well known; having appeared in the Reliques of Ancient Poetry, and having been inserted in almost every subsequent collection of Scottish songs. But it seems to have occurred to no editor, that a more complete copy of the song might be procured. That, with which the public is now presented, is taken from two MS. copies,^[76] collated with several verses recited by the editor's friend, Robert Hamilton, Esq. advocate, being the 16th, and the four which follow. But, even with the assistance of the common copy, the ballad seems still to be a fragment. The cause of Sir Patrick Spens' voyage is, however, pointed out distinctly; and it shews, that the song has claim to high antiquity, as referring to a very remote period in Scottish history.

Alexander III. of Scotland died in 1285; and, for the misfortune of his country, as well as his own, he had been bereaved of all his children before his decease. The crown of Scotland descended upon his grand-daughter, Margaret, termed, by our historians, the Maid of Norway. She was the only offspring of a marriage betwixt Eric, king of Norway, and Margaret, daughter of Alexander III. The kingdom had been secured to her by the parliament of Scotland, held at Scone, the year preceding her grandfather's death. The regency of Scotland entered into a congress with the ministers of the king of Norway and with those of England, for the establishment of good order in the kingdom of the infant princess. Shortly afterwards, Edward I. conceived the idea of matching his eldest son, Edward, Prince of Wales, with the young queen of Scotland. The plan was eagerly embraced by the Scottish nobles; for, at that time, there was little of the national animosity, which afterwards blazed betwixt the countries, and they patriotically looked forward to the important advantage, of uniting the island of Britain into one kingdom. But Eric of Norway seems to have been unwilling to deliver up his daughter; and, while the negociations were thus protracted, the death of the Maid of Norway effectually crushed a scheme, the consequences of which might have been, that the distinction betwixt England and Scotland would, in our day, have been as obscure and uninteresting as that of the realms of the heptarchy.—Hailes' Annals. Fordun, &c.

The unfortunate voyage of Sir Patrick Spens may really have taken place, for the purpose of bringing back the Maid of Norway to her own kingdom; a purpose, which was probably defeated by the jealousy of the Norwegians, and the reluctance of King Eric. I find no traces of the disaster in Scottish history; but, when we consider the meagre materials, whence Scottish history is drawn, this is no conclusive argument against the truth of the tradition. That a Scottish vessel, sent upon such an embassy, must, as represented in the ballad, have been freighted with the noblest youth in the kingdom, is sufficiently probable; and, having been delayed in Norway, till the tempestuous season was come on, its fate can be no matter of surprise. The ambassadors, finally sent by the Scottish nation to receive their queen, were Sir David Wemyss, of Wemyss, and Sir Michael Scot of Balwearie; the same, whose knowledge, surpassing that of his age, procured him the reputation of a wizard. But, perhaps, the expedition of Sir Patrick Spens was previous to their embassy. The introduction of the king into the ballad seems a deviation from history; unless we suppose, that Alexander was, before his death, desirous to see his grand-child and heir.

The Scottish monarchs were much addicted to "sit in Dumfermline town," previous to the accession of the Bruce dynasty. It was a favourite abode of Alexander himself, who was killed by a fall from his horse, in the vicinity, and was buried in the abbey of Dumfermline.

There is a beautiful German translation of this ballad, as it appeared in the Reliques, in the Volk-Lieder of Professor Herder; an elegant work, in which it is only to be regretted, that the actual popular songs of the Germans form so trifling a proportion.

The tune of Mr. Hamilton's copy of Sir Patrick Spens is different from that, to which the words are commonly sung; being less plaintive, and having a bold nautical turn in the close.

SIR PATRICK SPENS.

NOTES ON SIR PATRICK SPENS.

By a Scottish act of parliament, it was enacted, that no ship should be fraughted out of the kingdom, with any staple goods, betwixt the feast of St. Simon's day and Jude and Candelmas.—James III. Parliament 2d, chap. 15. Such was the terror entertained for navigating the north seas in winter.

I believe a modern seaman would say, a plank had started, which must have been a frequent incident during the infancy of ship-building. The remedy applied seems to be that mentioned in Cook's Voyages, when, upon some occasion, to stop a leak, which could not be got at in the inside, a quilted sail was brought under the vessel, which, being drawn into the leak by the suction, prevented the entry of more water. Chaucer says,

"There n'is no new guise that it na'as old."

This concluding verse differs in the three copies of the ballad, which I have collated. The printed edition bears,

And one of the MSS. reads,

But, in a voyage from Norway, a shipwreck on the north coast seems as probable as either in the Firth of Forth, or Tay; and the ballad states the disaster to have taken place out of sight of land.

AULD MAITLAND.

NEVER BEFORE PUBLISHED.

This ballad, notwithstanding its present appearance, has a claim to very high antiquity. It has been preserved by tradition; and is, perhaps, the most authentic instance of a long and very old poem, exclusively thus preserved. It is only known to a few old people, upon the sequestered banks of the Ettrick; and is published, as written down from the recitation of the mother of Mr. James Hogg^[83], who sings, or rather chaunts it, with great animation. She learned the ballad from a blind man, who died at the advanced age of ninety, and is said to have been possessed of much traditionary knowledge. Although the language of this poem is much modernised, yet many words, [16] which the reciters have retained, without understanding them, still preserve traces of its antiquity. Such are the words Springals (corruptly pronounced Springwalls), sowies, portcullize, and many other appropriate terms of war and chivalry, which could never have been introduced by a modern ballad-maker. The incidents are striking and well-managed; and they are in strict conformity with the manners of the age, in which they are placed. The editor has, therefore, been induced to illustrate them, at considerable length, by parallel passages from Froissard, and other historians of the period to which the events refer.

The date of the ballad cannot be ascertained with any degree of accuracy. Sir Richard Maitland, the hero of the poem, seems to have been in possession of his estate about 1250; so that, as he survived the commencement of the wars betwixt England and Scotland, in 1296, his prowess against the English, in defence of his castle of Lauder, or Thirlestane, must have been exerted during his extreme old age. He seems to have been distinguished for devotion, as well as valour; for, A.D. 1249, Dominus Ricardus de Mautlant gave to the abbey of Dryburgh, "Terras suas de Haubentside, in territorio suo de Thirlestane, pro salute animae suae, et sponsae suae, antecessorum suorum et successorum suorum, in perpetuum^[84]." He also gave, to the same [17] convent, "Omnes terras, quas Walterus de Giling tenuit in feodo suo de Thirlestane, et pastura incommuni de Thirlestane, ad quadraginta oves, sexaginta vaccas, et ad viginti equos."—Cartulary of Dryburgh Abbey, in the Advocates' Library.

From the following ballad, and from the family traditions referred to in the Maitland MSS., Auld Maitland appears to have had three sons; but we learn, from the latter authority, that only one survived him, who was thence surnamed Burd alane, which signifies either unequalled, or solitary. A Consolation, addressed to Sir Richard Maitland of Lethington, a poet and scholar who flourished about the middle of the sixteenth century, and who gives name to the Maitland MSS., draws the following parallel betwixt his domestic misfortunes and those of the first Sir Richard, his great ancestor:

Sir William Mautlant, or Maitland, the eldest and sole surviving son of Sir Richard, ratified and confirmed, to the monks of Dryburgh, [19] "Omnes terras quas Dominus Ricardus de Mautlant pater suus fecit dictis monachis in territorio suo de Thirlestane," Sir William is supposed to have died about 1315.—Crawford's Peerage.

Such were the heroes of the ballad. The castle of Thirlestane is situated upon the Leader, near the town of Lauder. Whether the present building, which was erected by Chancellor Maitland, and improved by the Duke of Lauderdale, occupies the site of the ancient castle, I do not know; but it still merits the epithet of a "darksome house." I find no notice of the siege in history; but there is nothing improbable in supposing, that the castle, during the stormy period of the Baliol wars, may have held out against the English. The creation of a nephew of Edward I., for the pleasure of slaying him by the hand of young Maitland, is a poetical licence^[88]; and may induce us to place the date of the composition about the reign of David II., or of his successor, when the real exploits of Maitland, and his sons, were in some degree obscured, as well as magnified, by the lapse of time. The inveterate hatred against the English, founded upon the usurpation of Edward I., glows in every line of the ballad.

Auld Maitland is placed, by Gawain Douglas, bishop of Dunkeld, among the popular heroes of romance, in his allegorical Palice of Honour^[89]:

In this curious verse, the most noted romances, or popular histories, of the poet's day, seem to be noticed. The preceding stanza describes the sports of the field; and that, which follows, refers to the tricks of "jugailrie;" so that the three verses comprehend the whole pastimes of the middle ages, which are aptly represented as the furniture of dame Venus's chamber. The verse, referring to Maitland, is obviously corrupted; the true reading was, probably, "with his auld beird [21] gray." Indeed the whole verse is full of errors and corruptions; which is the greater pity, as it conveys information, to be found no where else.

The descendant of Auld Maitland, Sir Richard of Lethington, seems to have been frequently complimented on the popular renown of his great ancestor. We have already seen one instance; and in an elegant copy of verses in the Maitland MSS., in praise of Sir Richard's seat of Lethingtoun, which he had built, or greatly improved, this obvious topic of flattery does not escape the poet. From the terms of his panegyric we learn, that the exploits of auld Sir Richard with the gray beard, and of his three sons, were "sung in many far countrie, albeit in rural rhyme;" from which we may infer, that they were narrated rather in the shape of a popular ballad, than in a romance of price. If this be the case, the song, now published, may have undergone little variation since the date of the Maitland MSS.; for, divesting the poem, in praise of Lethington, of its antique spelling, it would run as smoothly, and appear as modern, as any verse in the following ballad. The lines alluded to, are addressed to the castle of Lethington:

It is a curious circumstance, that this interesting tale, so often referred to by ancient authors, should be now recovered in so perfect a state; and many readers may be pleased to see the following sensible observations, made by a person, born in Ettrick Forest, in the humble situation of a shepherd. "I am surprised to hear, that this song is suspected by some to be a modern forgery; the contrary will be best proved, by most of the old people, hereabouts, having a great part of it by heart. Many, indeed, are not aware of the manners of this country; till this present age, the poor illiterate people, in these glens, knew of no other entertainment, in the long winter nights, than repeating, and listening to, the feats of their ancestors, recorded in songs, which I believe to be handed down, from father to son, for many [23] generations; although, no doubt, had a copy been taken, at the end of every fifty years, there must have been some difference, occasioned by the gradual change of language. I believe it is thus that many very ancient songs have been gradually modernised, to the common ear; while, to the connoisseur, they present marks of their genuine antiquity."—Letter to the Editor from Mr. James Hogg. To the observations of my ingenious correspondent I have nothing to add, but that, in this, and a thousand other instances, they accurately coincide with my personal knowledge.

AULD MAITLAND.

NOTES ON AULD MAITLAND.

Were it possible to find an authority for calling this personage Edmund, we should be a step nearer history; for a brother, though not a nephew of Edward I., so named, died in Gascony during an unsuccessful campaign against the French.—Knighton, Lib. III. cap. 8.

Thus, Spenser, in Mother Huberd's tale—

These two lines are modern, and inserted to complete the verse. Dunbar, the fortress of Patrick, Earl of March, was too often opened [39] to the English, by the treachery of that baron, during the reign of Edward I.

In this and the following verse, the attack and defence of a fortress, during the thirteenth and fourteenth centuries, is described accurately and concisely. The sow was a military engine, resembling the Roman testudo. It was framed of wood, covered with hides, and mounted on wheels, so that, being rolled forwards to the foot of the besieged wall, it served as a shed, or cover, to defend the miners, or those who wrought the battering ram, from the stones and arrows of the garrison. In the course of the famous defence, made by Black Agnes, Countess of March, of her husband's castle of Dunbar, Montague, Earl of Salisbury, who commanded the besiegers, caused one of these engines to be wheeled up to the wall. The countess, who, with her damsels, kept her station on the battlements, and affected to wipe off with her handkerchief the dust raised by the stones, hurled from the English machines, awaited the approach of this new engine of assault. "Beware, Montague," she exclaimed, while the fragment of a rock was discharged from the wall—"Beware, Montague! for farrow shall thy sow!"^[95] Their cover being dashed to pieces, the assailants, with great loss and difficulty, scrambled back to their trenches. "By the regard of suche a ladye," would Froissart have said, "and by her comforting, a man ought to be worth two men, at need." The sow was called by the French Truie.—See Hailes' Annals, Vol. II. p. 89. Wintown's Cronykil, Book VIII. William of Malmesbury, Lib. IV.

The memory of the sow is preserved in Scotland by two trifling circumstances. The name given to an oblong hay-stack, is a [40] hay-sow; and this may give us a good idea of the form of the machine. Children also play at a game with cherry stones, placing a small heap on the ground, which they term a sowie, endeavouring to hit it, by throwing single cherry-stones, as the sow was formerly battered from the walls of the besieged fortress. My companions, at the High School of Edinburgh, will remember what was meant by berrying a sowie. It is strange to find traces of military antiquities in the occupation of the husbandman, and the sports of children.

The pitch and tar-barrels of Maitland were intended to consume the formidable machines of the English. Thus, at a fabulous siege of York, by Sir William Wallace, the same mode of defence is adopted:

A more authentic illustration may be derived from Barbour's Account of the Siege of Berwick, by Edward II., in 1319, when a sow was brought on to the attack by the English, and burned by the combustibles hurled down upon it, through the device of John Crab, a Flemish engineer, in the Scottish service.

The springalds, used in defence of the castle of Lauder, were balistae, or large cross-bows, wrought by machinery, and [43] capable of throwing stones, beams, and huge darts. They were numbered among the heavy artillery of the age; "Than the kynge made all his navy to draw along, by the cost of the Downes, every ship well garnished with bombardes, crosbowes, archers, springalls, and other artillarie."—Froissart.

Goads, or sharpened bars of iron, were an obvious and formidable missile weapon. Thus, at the assault of Rochemiglion "They within cast out great barres of iron, and pots with lyme, wherewith they hurt divers Englishmen, such as adventured themselves too far."—Froissart, Vol. I. cap. 108.

From what has been noticed, the attack and defence of Lauder castle will be found strictly conformable to the manners of the age; a circumstance of great importance, in judging of the antiquity of the ballad. There is no mention of guns, though these became so common in the latter part of the reign of Edward III., that, at the siege of St. Maloes, "the English had well a four hondred gonnes, who shot day and night into the fortresse, and agaynst it."—Froissart, Vol. I. cap. 336. Barbour informs us, that guns, or "crakis of wer," as he calls them, and crests for helmets, were first seen by the Scottish, in their skirmishes with Edward the Third's host, in Northumberland A.D. 1327.

If this be a Flemish, or Scottish, corruption for Ville de Grace, in Normandy, that town was never besieged by Edward I., whose wars in France were confined to the province of Gascony. The rapid change of scene, from Scotland to France, excites a suspicion, that some verses may have been lost in this place. The retreat of the English host, however, may remind us of a passage, in Wintown, when, after mentioning that the Earl of Salisbury raised the siege of Dunbar, to join King Edward in France, he observes,

The romantic custom of atchieving, or attempting, some desperate and perilous adventure, without either necessity or cause, was a peculiar, and perhaps the most prominent, feature of chivalry. It was not merely the duty, but the pride and delight, of a true knight, to perform such exploits, as no one but a madman would have undertaken. I think it is in the old French romance of Erec and Eneide, that an adventure, the access to which lay through an avenue of stakes, garnished with the bloody heads of the knights who had attempted and failed to atchieve it, is called by the inviting title of La joie de la Cour. To be first in advancing, or last in retreating; to strike upon the gate of a certain fortress of the enemy; to fight blindfold, or with one arm tied up; to carry off a banner, or to defend one; were often the subjects of a particular vow, among the sons of chivalry. Until some distinguishing exploit of this nature, a young knight was not said to have won his spurs; and, upon some occasions, he was obliged to bear, as a mark of thraldom, a chain upon his arm, which was removed, with great ceremony, when his merit became conspicuous. These chains are noticed in the romance of Jehan de Saintré. In the language of German chivalry, they were called Ketten des Gelubdes (fetters of duty). Lord Herbert of Cherbury informs us, that the knights of the Bath were obliged to wear certain strings, of silk and gold, upon their left arm, until they had atchieved some noble deed of arms. When Edward III. commenced his [45] French wars, many of the young bachelors of England bound up one of their eyes with a silk ribband, and swore, before the peacock and the ladies, that they would not see with both eyes until they had accomplished certain deeds of arms in France.—Froissart, cap. 28.

A remarkable instance of this chivalrous frenzy occurred during the expedition of Sir Robert Knowles, who, in 1370, marched through France, and laid waste the country, up to the very gates of Paris. "There was a knighte, in their companye, had made a vowe, the day before, that he wolde ryde to the walles or gates of Parys, and stryke at the barryers with his speare. And, for the fournyshing of his vowe, he departed fro his companye, his spear in his fyst, his shelde about his neck, armed at all pecesse, on a good horsse, his squyer on another, behinde him, with his bassenet. And whan he approached neare to Parys, he toke and dyde on his helme, and left his squyer behind hym, and dashed his spurres to his horsse, and came gallopynge to the barryers, the whiche as then were opyn; and the lordes, that were there, had wened he wolde have entred into the towne; but that was not his mynde; for, when he hadde stryken at the barryers, as he had before avowed, he towrned his reyne, and drue back agayne, and departed. Than the knightes of France, that sawe hym depart, sayd to hym, 'Go your waye; you have ryghte well acquitted yourself.' I can nat tell you what was thys knyghtes name, nor of what contre; but the blazure of his armes was, goules, two fusses sable, a border sable. Howbeit, in the subbarbes, he had a sore encontre; for, as he passed on the pavement, he founde before hym a bocher, a bigge man, who had well sene this knighte pass by. And he helde in his handes a sharpe hevy axe, with a longe poynt; and, as the knyght returned agayne, and toke no hede, this bocher came on his side, and gave the knyghte suche a stroke, betwene the neck and the shulders, that he reversed forwarde heedlynge, to the neck of his horsse, and yet he recovered agayne. And than the bocher strake hym agayne, so that the axe entered into his [46] body, so that, for payne, the knyghte fell to the erthe, and his horsse ran away, and came to the squyer, who abode for his mayster at the stretes ende. And so, the squyer toke the horsse, and had gret marveyle what was become of his mayster; for he had well sene him ryde to the barryers, and stryke therat with his glayve, and retourne agayne. Thanne he rode a lytell forthe, thyderwarde, and anone he sawe where his master layn upon the erthe, bytwene foure men, layenge on him strokes, as they wolde have stryken on a stethey (anvil); and than the squyer was so affreyed, that he durst go no farther; for he sawe well he could nat helpe his mayster. Therefore he retourned as fast as he myght: so there the sayd knyghte was slayne. And the knyghtes, that were at the gate, caused hym to be buried in holy ground."—Froissart, ch. 281.

A similar instance of a military jeopardy occurs in the same author, ch. 364. It happened before the gates of Troyes. "There was an Englyshe squyre, borne in the bishopryke of Lincolne, an expert man of armes; I can nat say whyder he could se or nat; but he spurred his horse, his speare in his hande, and his targe about his necke; his horse came rushyng downe the waye, and lept clene over the barres of the baryers, and so galoped to the gate, where as the duke of Burgoyne and the other lords of France were, who reputed that dede for a great enterprise. The squyer thoughte to have returned, but he could nat; for his horse was stryken with speares, and beaten downe, and the squyer slayn; wherewith the Duke of Burgoyne was right sore displeased."

In all ages, and in almost all countries, the military standards have been objects of respect to the soldiery, whose duty it is to range beneath them, and, if necessary, to die in their defence. In the ages of chivalry, these ensigns were distinguished by their shape, and by the various names of banners, pennons, penoncelles, &c., according to the number of men, who were to fight under them. They were displayed, [47] on the day of battle, with singular solemnity, and consigned to the charge only of such as were thought willing and able to defend them to the uttermost. When the army of Edward, the Black Prince, was drawn up against that of Henry the Bastard, king of Castile, "Than Sir Johan Chandos brought his baner, rolled up togyder, to the prince, and said, 'Sir, behold, here is my baner. I requyre you display it abrode, and give me leave, this daye, to raise it; for, sir, I thanke God and you, I have land and heritage suffyciente to maynteyne it withal.' Than the prince, and King Dampeter (Don Pedro), toke the baner betwene their handes, and spred it abrode, the which was of sylver, a sharp pyle gaules, and delyvered it to hym, and said, 'Sir Johan, behold here youre baner; God sende you joye and honour thereof!' Than Sir Johan Chandos bare his baner to his owne company, and sayde, 'Sirs, beholde here my baner, and yours; kepe it as your owne.' And they toke it, and were right joyful therof, and sayd, that, by the pleasure of God, and Saint George, they wold kepe and defend it to the best of their powers. And so the baner abode in the handes of a good Englishe squyer, called William Alery, who bare it that day, and acquaytted himself right nobly."—Froissart, Vol. I. ch. 237. The loss of a banner was not only great dishonour, but an infinite disadvantage. At the battle of Cocherel, in Normandy, the flower of the combatants, on each side, were engaged in the attack and defence of the banner of the captall of Buche, the English leader. It was planted amid a bush of thorns, and guarded by sixty men at arms, who defended it gallantly. "There were many rescues, and many a one hurt and cast to the earth, and many feats of armes done, and many gret strokes given, with good axes of steel, that it was wonder to behold." The battle did not cease until the captall's standard was taken and torn to pieces.

We learn, from the following passage in Stowe's Chronicle, that the standard of Edward I. was a golden dragon. "The king entred Wales with an army, appointing the footmen to occupie the enemies in fight, whiles his horsemen, in a wing, set on the rere battell: himselfe, [48] with a power, kept his place, where he pight his golden dragon, unto whiche, as to a castle, the wounded and wearied might repair."

Stratagems, such as that of Maitland, were frequently practised with success, in consequence of the complete armour worn by the knights of the middle ages. In 1359, Edward III. entered France, to improve the success of the battle of Poictiers. Two French knights, Sir Galahaut of Rybamont, and Sir Roger of Cologne, rode forth, with their followers, to survey the English host, and, in short, to seek adventures. It chanced that they met a foraging party of Germans, retained in King Edward's service, under the command of Reynold of Boulant, a knight of that nation. By the counsel of a squire of his retinue, Sir Galahaut joined company with the German knight, under the assumed character of Bartholomew de Bonne, Reynold's countryman, and fellow soldier in the English service. The French knights "were a 70 men of armes, and Sir Renolde had not past a 30; and, whan Sir Renolde saw theym, he displayed his baner befor hym, and came softely rydynge towarde theym, wenyng to hym that they had been Englyshemen. Whan he approched, he lyft up hys vyser, saluted Sir Galahaut, in the name of Sir Bartylmewe de Bonnes. Sir Galahaut helde hymselfe styll secrete, and answered but fayntly, and sayd, 'let us ryde forth;' and so rode on, and hys men, on the one syde, and the Almaygnes on the other. Whan Sir Renolde of Boulant sawe theyr maner, and howe Sir Galahaut rode sometyme by hym, and spake no word, than he began to suspecte. And he had not so ryden, the space of a quarter of an hour, but he stode styll, under his baner, among hys men, and sayd, 'Sir, I have dout what knyght ye be. I thynke ye be nat Sir Bartylmewe, for I knowe hym well; and I see well that yt ys nat you. I woll ye telle me your name, [49] or I ryde any farter in your company.' Therwith Sir Galahaut lyft up hys vyser, and rode towardes the knyght to have taken hym by the raygne of hys brydell, and cryed, 'Our Ladye of Rybamont!' than Sir Roger of Coloyne sayd, 'Coloyne to the rescue!'^[96] Whan Sir Renolde of Boulant sawe what case he was in, he was nat gretly afrayed, but drewe out his sworde; and, as Sir Galahaut wolde have taken hym by the brydell, Sir Renolde put his sworde clene through hym, and drue agayne hys sworde out of hym, and toke his horse, with the spurres, and left Sir Galahaut sore hurt. And, whan Sir Galahautes men sawe theyr master in that case, they were sore dyspleased, and set on Sir Renolde's men; there were many cast to the yerth, but as sone as Sir Renolde had gyven Sir Galahaut that stroke, he strak hys horse with the spurres, and toke the feldes. Than certayne of Galahaut's squyers chasyd hym, and, whan he sawe that they folowed hym so nere, that he muste other tourne agayne, or els be shamed, lyke a hardy knyght he tourned, and abode the foremost, and gave hym such a stroke, that he had no more lyste to folwe him. And thus, as he rode on, he served three of theym, that folowed hym, and wounded theym sore: if a goode axe had been in hys hand, at every stroke he had slayne a man. He dyd so muche, that he was out of danger of the Frenchmen, and saved hymselfe withoute any hurte; the whyche hys enemyes reputed for a grete prowess, and so dyd all other that harde thereof; but hys men were nere slayne or taken, but few that were saved. And Sir Galahaut was caryed from thence sore hurt to Perone; of that hurt he was never after perfectly hole; for he was a knyght of suche courage, that, for all his hurte, he wold not spare hymselfe; wherefore he lyved not long after."—Froissart, Vol. I. Chap. 207.

Thus, Sir Walter Mauny, retreating into the fortress of Hanyboute, [50] after a successful sally, was pursued by the besiegers, who ranne after them, lyke madde men; than Sir Gualtier saide, "Let me never be beloved wyth my lady, without I have a course wyth one of these folowers!" and turning, with his lance in the rest, he overthrew several of his pursuers, before he condescended to continue his retreat.

"The Lord of Hangest (pursued by the English) came so to the barryers (of Vandonne) that were open, as his happe was, and so entred in therat, and than toke his speare, and turned him to defence, right valiantly."—Froissart, Vol. I. Chap. 367.

The sieges, during the middle ages, frequently afforded opportunity for single combat, of which the scene was usually the draw-bridge, or barriers, of the town. The former, as the more desperate place of battle, was frequently chosen by knights, who chose to break a lance for honour, and their ladies' love. In 1387, Sir William Douglas, lord of Nithisdale, upon the draw-bridge of the town of Carlisle, consisting of two beams, hardly two feet in breadth, encountered and slew, first, a single champion of England, and afterwards two, who attacked him together.—Forduni Scotichronicon, Lib. XIV. cap. 51.

These combats at the barriers, or palisades, which formed the outer fortification of a town, were so frequent, that the mode of attack and defence was early taught to the future knight, and continued long to be practised in the games of chivalry. The custom, therefore, of defying the inhabitants of a besieged town to this sort of contest, was highly fashionable in the middle ages; and an army could hardly appear before a place, without giving rise to a variety of combats at the barriers, which were, in general, conducted without any unfair advantage being taken on either part.

The following striking example of this romantic custom occurs in Froissart. During the French wars of Edward the Black Prince, and in the year 1370, a body of English, and of adventurers retained in his service, approached the city of Noyon, then occupied by a French garrison, and arrayed themselves, with displayed banners, before the town, defying the defenders to battle. "There was a Scottysh knyghte^[97] dyde there a goodly feate of armes, for he departed fro his companye, hys speare in hys hand, and mounted on a good horse, hys page behynde hyme, and so came before the barryers. Thys knyghte was called Sir Johan Assueton,^[98] a hardy man and a couragyous. Whan he was before the barryers of Noyon, he lyghted a-fote, and sayd to hys page, 'Holde, kepe my horse, and departe nat hens;' and so wente to the barryers. And wythyn the barryers, there were good knyghtes; as, Sir John of Roy, Sir Lancelat of Loutys, and a x or xii other, who had grete marveyle what thys sayde knyghte wolde do. Than he sayde to them, 'Sirs, I am come hyder to se you. I se well, ye wyll nat issue [52] out of your barryers; therefore I will entre, and I can, and wyll prove my knyghthode agaynst yours; wyn me and ye can.' And therewyth he layde on, round about hym, and they at hym. And thus, he alone fought agaynst them, more than an houre; and dyd hurte two or three of them; so that they of the towne, on the walles and garrettes, stode still, and behelde them, and had great pleasure to regarde his valyauntness, and dyd him no hurte; the whiche they myght have done, if they hadde list to have shotte, or cast stones at hym. And also the French knyghtes charged them to let hym and them alone togyder. So long they foughte, that, at last, his page came near to the barryers, and spake in his langage, and sayd, 'Sir, come awaye; it is time for you to departe, for your cumpanye is departyng hens.' The knyghte harde hym well, and than gave a two or three strokes about him, and so, armed as he was, he lepte out of the barryers, and lepte upon his horse, without any hurte, behynde his page; and sayd to the Frenchemen, 'Adue, sirs! I thank you;' and so rode forthe to his owne company. The whiche dede was moche praysed of many folkes."—Froissart, cap. 278.

The barriers, so often alluded to, are described, by the same admirable historian, to be grated pallisades, the grates being about half a foot wide. In a skirmish before Honycourt, Sir Henry of Flanders ventured to thrust his sword so far through one of those spaces, that a sturdy abbot, who was within, seized his sword-arm, and drew it through the harriers, up to the shoulder. In this aukward situation he remained for some time, being unwilling to dishonour himself by quitting his weapon. He was at length rescued, but lost his sword; which Froissart afterwards saw preserved, as a relique, in the monastery of Honycourt.—Vol. I. chap. 39. For instances of single combats, at the barriers, see the same author, passim.

According to the laws of chivalry, laws, which were also for a long [53] time observed in duels, when two or more persons were engaged on each side, he, who first conquered his immediate antagonist, was at liberty, if he pleased, to come to the assistance of his companions. The play of the "Little French Lawyer" turns entirely upon this circumstance; and it may be remarked throughout the poems of Boiardo and Ariosto; particularly in the combat of three Christian and three Pagan champions, in the 42d canto of Orlando Furioso. But doubtless a gallant knight was often unwilling, like young Maitland, to avail himself of this advantage. Something of this kind seems to have happened in the celebrated combat, fought in the presence of James II. at Stirling, in 1449, between three French, or Flemish, warriors, and three noble Scottishmen, two of whom were of the house of Douglas. The reader will find a literal translation of Olivier de la Marche's account of this celebrated tourney, in Pinkerton's History, Vol. I. p. 428.

Maitland's apology for retracting his promise to stand neuter, is as curious as his doing so is natural. The unfortunate John of France was wont to say, that, if truth and faith were banished from all the rest of the universe, they should still reside in the breast and the mouth of kings.

This has a vulgar sound, but is actually a phrase of romance. Tant frappent et maillent lex deux vassaux l'un sur l'autre, que leurs heaumes, et leurs hauberts, sont tous cassez et rompus.—La fleur des Battailes.

The battle-axe, of which there are many kinds, was a knightly weapon, much used in the middle ages, as well in single combat as in battle. "And also there was a younge bachelor, called Bertrande of Glesguyne, [54] who duryng the seige, fought wyth an Englyshman, called Sir Nycholas Dagerne; and that batayle was takene thre courses wyth a speare, thre strokes wyth an axe, and thre wyth a dagger. And eche of these knyghtes bare themselves so valyantly, that they departed fro the felde wythout any damage, and they were well regarded, bothe of theyme wythyn, and they wythout." This happened at the siege of Rennes, by the Duke of Lancaster, in 1357.—Froissart, Vol. I. c. 175. With the same weapon Godfrey of Harcourt long defended himself, when surprised and defeated by the French. "And Sir Godfraye's men kepte no goode array, nor dyd nat as they had promysed; moost part of theyme fledde: whan Sir Godfraye sawe that, he sayde to hymselfe, howe he had rather there be slayne than be taken by the Frenchmen; there he toke hys axe in hys handes, and set fast the one legge before the other, to stonde the more surely; for hys one legge was a lytell crooked, but he was strong in the armes. Ther he fought valyantly and long: none durste well abyde hys strokes; than two Frenchmen mounted on theyr horses, and ranne both with their speares at ones at hym, and so bare hym to the yerth: than other, that were a-fote, came wyth theyr swerdes, and strake hym into the body, under his barneys, so that ther he was slayne."—Ibid, chap. 172. The historian throws Sir Godfrey into a striking attitude of desperation.

There is a saying, that a Scottishman fights best after seeing his own blood. Camerarius has contrived to hitch this foolish proverb into a national compliment; for he quotes it as an instance of the persevering gallantry of his countrymen. "Si in pugna proprium effundi sanguinem vidissent, non statim prostrato animo concedebant, sed irato potius in hostes velut furentes omnibus viribus incurrebant."

Some reciters repeat it thus:

which is in the true spirit of Blind Harry, who makes Wallace say,

In slaying Edward, Maitland acts pitilessly, but not contrary to the laws of arms, which did not enjoin a knight to shew mercy to his antagonist, until he yielded him, "rescue or no rescue." Thus, the seigneur de Languerant came before the walls of an English garrison, in Gascony, and defied any of the defenders to run a course with a spear: his challenge being accepted by Bertrand Courant, the governor of the place, they couched their spears, like good knights, and dashed on their horses. Their spears were broke to pieces, and Languerant was overthrown, and lost his helmet among the horses' feet. His attendants were coming up; but Bernard drew his dagger, and said, "Sir, yield ye my prisoner, rescue or no rescue; else ye are but dead." The dismounted champion spoke not a word; on which, Bertrand, entering into fervent ire, dashed his dagger into his skull. Besides, the battle was not always finished by one warrior obtaining this advantage over the other. In the battle of Nejara, the famous Sir John Chandos was overthrown, and held down, by a gigantic Spanish cavalier, named Martino Fernandez. "Then Sir Johan Chandos remembred of a knyfe, that he had in his bosome, and drew it out, and struck this Martyne so in the backe, and in the sydes, that he wounded him to dethe, as he laye upon hym." The dagger, which the knights employed in these close and desperate struggles, was called the poniard of mercy.

BATTLE OF OTTERBOURNE.

THE SCOTTISH EDITION.

The following edition of the Battle of Otterbourne, being essentially different from that which is published in the Reliques of Ancient Poetry, Vol. I. and being obviously of Scottish composition, claims a place in the present collection. The particulars of that noted action are related by Froissard, with the highest encomium upon the valour of the combatants on each side. James, Earl of Douglas, with his brother, the Earl of Murray, in 1387 invaded Northumberland, at the head of 3000 men; while the Earls of Fife and Strathern, sons to the king of Scotland, ravaged the western borders of England, with a still more numerous army. Douglas penetrated as far as Newcastle, where the renowned Hotspur lay in garrison. In a skirmish before the walls, Percy's lance, with the pennon, or guidon, attached to it, was taken by Douglas, as most authors affirm, in a personal encounter [57] betwixt the two heroes. The earl shook the pennon aloft, and swore he would carry it as his spoil into Scotland, and plant it upon his castle of Dalkeith. "That," answered Percy, "shalt thou never!"—Accordingly, having collected the forces of the marches, to a number equal, or (according to the Scottish historians) much superior, to the army of Douglas, Hotspur made a night attack upon the Scottish camp, at Otterbourne, about thirty-two miles from Newcastle. An action took place, fought, by moon-light, with uncommon gallantry and desperation. At length, Douglas, armed with an iron mace, which few but he could wield, rushed into the thickest of the English battalions, followed only by his chaplain, and two squires of his body.^[99] Before his followers could come up, their brave leader was stretched on the ground, with three mortal wounds: his squires lay dead by his side; the priest alone, armed with a lance, was protecting his master from farther injury. "I die like my forefathers," said the expiring hero, "in a field of battle, and not on a bed of sickness. Conceal my death, defend my standard,^[100] and avenge my fall! It is [58] an old prophecy, that a dead man shall gain a field,^[101] and I hope it will be accomplished this night."—Godscroft.—With these words he expired; and the fight was renewed with double obstinacy around his body. When morning appeared, however, victory began to incline to the Scottish side. Ralph Percy, brother to Hotspur, was made prisoner by the earl Marischal, and, shortly after, Harry Percy^[102] himself was taken by Lord Montgomery. The number of captives, according to Wyntoun, nearly equalled that of the victors. Upon this the English retired, and left the Scots masters of the dear-bought honours of the field. But the bishop of Durham approaching, at the head of a body of fresh forces, not only checked the pursuit of the victors, but made prisoners some of the stragglers, who had urged the chase too far. The battle was not, however, renewed, as the bishop of Durham did not venture to attempt the rescue of Percy. The field was fought 15th August, 1388.—Fordun, Froissard, Hollinshed, Godscroft.

The ground, on which this memorable engagement took place, is now the property of John Davidson, Esq. of Newcastle, and still retains the name of Battle Cross. A cross, erroneously termed Percy's Cross, has been erected upon the spot where the gallant Earl of Douglas is supposed to have fallen. These particulars were [59] communicated to the editor, in the most obliging manner, by the present proprietor of Otterbourne.

The ballad, published in the Reliques, is avowedly an English production; and the author, with a natural partiality, leans to the side of his countrymen; yet, that ballad, or some one similar, modified probably by national prejudice, must have been current in Scotland during the reign of James VI.: for Godscroft, in treating of this battle, mentions its having been the subject of popular song, and proceeds thus: But that, which is commonly sung of the Hunting of Chiviot, seemeth indeed poetical, and a mere fiction, perhaps to stir up virtue; yet a fiction whereof there is no mention, either in the Scottish or English Chronicle. Neither are the songs, that are made of them, both one; for the Scots song made of Otterbourne, telleth the time, about Lammas; and also the occasion, to take preys out of England; also the dividing the armies betwixt the earls of Fife and Douglas, and their several journeys, almost as in the authentic history. It beginneth thus;

I cannot venture to assert, that the stanzas, here published, belong [60] to the ballad alluded to by Godscroft; but they come much nearer to his description than the copy published in the first edition, which represented Douglas as falling by the poignard of a faithless page. Yet we learn, from the same author, that the story of the assassination was not without foundation in tradition.—"There are that say, that he (Douglas) was not slain by the enemy, but by one of his own men, a groom of his chamber, whom he had struck the day before with a truncheon, in ordering of the battle, because he saw him make somewhat slowly to. And they name this man John Bickerton of Luffness, who left a part of his armour behind, unfastened, and when he was in the greatest conflict, this servant of his came behind his back, and slew him thereat."—Godscroft, ut supra.—"But this narration," adds the historian, "is not so probable."^[103] Indeed, it seems to have no foundation, but the common desire of assigning some remote and extraordinary cause for the death of a great man. The following ballad is also inaccurate in many other particulars, and is much shorter, and [61] more indistinct, than that printed in the Reliques, although many verses are almost the same. Hotspur, for instance, is called Earl Percy, a title he never enjoyed; neither was Douglas buried on the field of battle, but in Melrose Abbey, where his tomb is still shown.

This song was first published from Mr. Herd's Collection of Scottish Songs and Ballads, Edin. 1774: 2 vols. octavo; but two recited copies have fortunately been obtained from the recitation of old persons residing at the head of Ettrick Forest, by which the story is brought out, and completed, in a manner much more correspondent to the true history.

I cannot dismiss the subject of the Battle of Otterbourne, without stating (with all the deference due to the father of this species of literature) a doubt, which occurs to me, as to the account given of "Sir John of Agurstone," one of the Scottish warriors, in the learned and excellent notes subjoined to the ballad, in the Reliques of Ancient Poetry. This personage is there supposed to have been one of the Haggerstons of Haggerston, a Northumbrian family, who, according to the fate of war, were sometimes subjects of Scotland. I cannot, however, think, that at this period, while the English were in possession both of Berwick and Roxburgh, with the intermediate fortresses of Wark, Cornwall, and Norham, the Scots possessed any part of Northumberland, much less a manor which lay within that strong chain of castles. I should presume the person alluded to rather to [62] have been one of the Rutherfords, barons of Edgerstane, or Adgerston, a warlike family, which has long flourished on the Scottish borders, and who were, at this very period, retainers of the house of Douglas. The same notes contain an account of the other Scottish warriors of distinction, who were present at the battle. These were, the earls of Monteith, Buchan, and Huntley; the barons of Maxwell and Johnston; Swinton of that ilk, an ancient family which, about that period, produced several distinguished warriors; Sir David (or rather, as the learned editor well remarks, Sir Walter) Scott of Buccleuch, Stewart of Garlies, and Murray of Cockpool.

BATTLE OF OTTERBOURNE.

NOTES ON THE BATTLE OF OTTERBOURNE.

He chose the Gordons and the Graemes.—P. 64. v. 2.

The illustrious family of Gordon was originally settled upon the lands of Gordon and Huntly, in the shire of Berwick, and are, therefore, of border extraction. The steps, by which they removed from thence to the shires of Aberdeen and Inverness, are worthy notice. In 1300, Adam de Gordon was warden of the marches.—Rymer, Vol. II. p. 870. He obtained, from Robert the Bruce, a grant of the forfeited estate of David de Strathbolgie, Earl of Athol; but no possession followed, the earl having returned to his allegiance.—John de Gordon, his great-grandson, obtained, from Robert II., a new charter of the lands of Strathbolgie, which had been once more and finally forfeited, by David, Earl of Athol, slaine in the battle of Kilblene. This grant is dated 13th July, 1376. John de Gordon who was destined to transfer, from the borders of England to those of the Highlands, a powerful and martial race, was himself a redoubted warrior, and many of his exploits occur in the annals of that turbulent period. In 1371-2, the English borderers invaded and plundered the lands of Gordon, on the Scottish east march. Sir John of Gordon retaliated, by an incursion [72] on Northumberland, where he collected much spoil. But, as he returned with his booty, he was attacked, at unawares, by Sir John Lillburne, a Northumbrian, who, with a superior force, lay near Carham in ambush, to intercept him. Gordon harangued and cheered his followers, charged the English gallantly, and, after having himself been five times in great peril, gained a complete victory; slaying many southerns, and taking their leader and his brother captive. According to the prior of Lochlevin, he was desperately wounded; but

Shortly after this exploit, Sir John of Gordon encountered and routed Sir Thomas Musgrave, a renowned English marc-hman whom he made prisoner. The lord of Johnstone had, about the same time, gained a great advantage on the west border; and hence, says Wynton,

Upon another occasion, John of Gordon is said to have partially succeeded in the surprisal of the town of Berwick, although the superiority of the garrison obliged him to relinquish his enterprise.

The ballad is accurate, in introducing this warrior, with his clan, into the host of Douglas at Otterbourne. Perhaps, as he was in possession of his extensive northern domains, he brought to the field the northern broad-swords, as well as the lances of his eastern borderers. With his gallant leader, he lost his life in the deadly conflict. The English ballad commemorates his valour and prudence;

But the title is a premature designation. The earldom of Huntly was first conferred on Alexander Seaton, who married the grand-daughter [73] of the hero of Otterbourne, and assumed his title from Huntly, in the north. Besides his eldest son Adam, who carried on the line of the family, Sir John de Gordon left two sons, known, in tradition, by the familiar names of Jock and Tam. The former was the ancestor of the Gordons of Pitlurg; the latter of those of Lesmoir, and of Craig-Gordon. This last family is now represented by James Gordon, Esq. of Craig, being the eleventh, in direct descent, from Sir John de Gordon.

The Graemes.

The clan of Graeme, always numerous and powerful upon the border, were of Scottish origin, and deduce the descent of their chieftain, Graeme of Netherby, from John with the bright sword, a son of Malice Graeme, Earl of Menteith, who flourished in the fourteenth century. Latterly, they became Englishmen, as the phrase went, and settled upon the Debateable Land, whence they were transported to Ireland, by James VI., with the exception of a very few respectable families; "because," said his majesty in a proclamation, "they do all (but especially the Graemes) confess themselves to be no meet persons to live in these countries; and also, to the intent their lands may be inhabited by others, of good and honest conversation." But, in the reign of Henry IV., the Graemes of the border still adhered to the Scottish allegiance, as appears from the tower of Graeme in Annandale, Graemes Walls in Tweeddale, and other castles within Scotland, to which they have given their name. The reader is, however, at liberty to suppose, that the Graemes of the Lennox and Menteith, always ready to shed their blood in the cause of their country, on this occasion joined Douglas.

The chief of this ancient family, at the date of the battle of [74] Otterbourne, was David Liudissay, lord of Glenesk, afterwards created Earl of Crawford. He was, after the manner of the times, a most accomplished knight. He survived the battle of Otterbourne, and the succeeding carnage of Homildon. In May, 1390, he went to England, to seek adventures of chivalry; and justed, upon London Bridge, against the lord of Wells, an English knight, with so much skill and success, as to excite, among the spectators, a suspicion that he was tied to his saddle; which he removed, by riding up to the royal chair, vaulting out of his saddle, and resuming his seat without assistance, although loaded with complete armour. In 1392, Lindsay was nearly slain in a strange manner. A band of Catterans, or wild Highlanders, had broken down from the Grampian Hills, and were engaged in plundering the county of Angus. Walter Ogilvy, the sheriff, with Sir Patrick Gray, marched against them, and were joined by Sir David Lindsay. Their whole retinue did not exceed sixty men, and the Highlanders were above three hundred. Nevertheless, trusting to the superiority of arms and discipline, the knights rushed on the invaders, at Gasclune, in the Stormont. The issue was unfortunate. Ogilvy, his brother, and many of his kindred, were overpowered and slain. Lindsay, armed at all points, made great slaughter among the naked Catterans; but, as he pinned one of them to the earth with his lance, the dying mountaineer writhed upwards and, collecting his force, fetched a blow with his broad-sword which cut through the knight's stirrup-leather and steel-boot and nearly severed his leg. The Highlander expired, and Lindsay was with difficulty borne out of the field by his followers—Wyntown. Lindsay is also noted for a retort, made to the famous Hotspur. At a march-meeting, at Haldane-Stank, he happened to observe, that Percy was sheathed in complete armour. "It is for fear of the English horsemen," said Percy, in explanation; for he was already meditating the insurrection, immortalised by Shakespeare. "Ah! Sir Harry," answered Lindsay, "I have seen you more sorely bestad by Scottish footmen than by English horse."—Wyntown. Such was the leader of the "Lindsays light and guy."

According to Froissard, there were three Lindsays in the battle of Otterbourne, whom he calls Sir William, Sir James, and Sir Alexander. To Sir James Lindsay there fell "a strange chance of war," which I [75] give in the words of the old historian. "I shall shewe you of Sir Mathewe Reedman (an English warrior, and governor of Berwick), who was on horsebacke, to save himselfe, for he alone coude nat remedy the mater. At his departynge, Sir James Limsay was nere him, and sawe Sir Mathewe departed. And this Sir James, to wyn honour, followed in chase Sir Mathewe Reedman, and came so nere him, that he myght have stryken hym with hys speare, if he had lyst. Than he said, 'Ah! Sir knyght, tourne! it is a shame thus to fly! I am James of Lindsay. If ye will nat tourne, I shall strike you on the back with my speare.' Sir Mathewe spoke no worde, but struke his hors with his spurres sorer than he did before. In this maner he chased hym more than three myles. And at last Sir Mathewe Reedman's hors foundered, and fell under hym. Than he stept forthe on the erthe, and drewe oute his swerde, and toke corage to defend himselfe. And the Scotte thoughte to have stryken hym on the brest, but Sir Mathewe Reedman swerved fro the stroke, and the speare point entred into the erthe. Than Sir Mathewe strake asonder the speare wyth his swerde. And whan Sir James Limsay sawe howe he had lost his speare, he cast away the tronchon, and lyghted a-fote, and toke a lytell battell-axe, that he carryed at his backe, and handled it with his one hand, quickly and delyverly, in the whyche feate Scottes be well experte. And than he set at Sir Mathewe, and he defended himselfe properly. Thus they journeyed toguyder, one with an axe, and the other with a swerde, a longe season, and no man to lette them. Fynally, Sir James Limsay gave the knyght such strokes, and helde him so shorte, that he was putte out of brethe in such wyse, that he yelded himselfe, and sayde,—'Sir James Limsay, I yeld me to you.'—'Well,' quod he; 'and I receyve you, rescue or no rescue.'—'I am content,' quod Reedman, 'so ye dele wyth me like a good companyon.'—'I shall not fayle that,' quod Limsay, and so put up his swerde. 'Well,' said Reedman, 'what will ye nowe that I shall do? I am your prisoner; ye have conquered me; I wolde gladly go agayn [76] to Newcastell, and, within fiftene dayes, I shall come to you into Scotlande, where as ye shall assigne me.'—'I am content,' quod Limsay; 'ye shall promyse, by your faythe, to present yourselfe, within these foure wekes, at Edinborowe; and wheresoever ye go, to repute yourselfe my prisoner.' All this Sir Mathewe sware, and promised to fulfil."

The warriors parted upon these liberal terms, and Reedman returned to Newcastle. But Lindsay had scarcely ridden a mile, when he met the bishop of Durham, with 500 horse, whom he rode towards, believing them to be Scottish, until he was too near them to escape. The bysshoppe stepte to him, and sayde, 'Limsay, ye are taken; yelde ye to me.'—'Who be you?' quod Limsay. 'I am,' quod he, 'the bysshoppe of Durham.'—'And fro whens come you, sir?' quod Limsay. 'I come fro the battell,' quod the bysshoppe, 'but I strucke never a stroke there. I go backe to Newcastell for this night, and ye shal go with me.'—'I may not chuse,' quod Limsay, 'sith ye will have it so. I have taken, and I am taken; suche is the adventures of armes.' Lindsay was accordingly conveyed to the bishop's lodgings in Newcastle, and here he was met by his prisoner, Sir Matthew Reedman; who founde hym in a studye, lying in a windowe, and sayde, 'What! Sir James Lindsay, what make you here?' Than Sir James came forth of the study to him, and saydc, 'By my fayth, Sir Mathewe, fortune hath brought me hyder; for, as soon as I was departed fro you, I mete by chaunce the bisshoppe of Durham, to whom I am prisoner, as ye be to me. I beleve ye shall not nede to come to Edenborowe to me to mak your fynaunce. I thynk, rather, we shall make an exchange one for another, if the bysshoppe be also contente.'—'Well, sir,' quod Reedman, 'we shall accord ryghte well toguyder; ye shall dine this day with me: the bysshoppe and our men be gone forth to fyght with your men. I can nat tell what we shall know at their retourne.'—'I am content to dyne with you,' quod Limsay."—Froissart's Chronicle, translated by Bourchier, Lord Berners, Vol. I, chap. 146.

The Jardines were a clan of hardy west-border men. Their chief was Jardine of Applegirth. Their refusal to ride with Douglas was, probably, the result of one of those perpetual feuds, which usually rent to pieces a Scottish army.

Froissard describes a Scottish host, of the same period, as consisting of "IIII. M. men of armes, knightis, and squires, mounted on good horses; and other X.M. men of warre armed, after their gyse, right hardy and firse, mounted on lytle hackneys, the whiche were never tyed, nor kept at hard meat, but lette go to pasture in the fieldis and bushes."—Cronykle of Froissart, translated by Lord Berners, Chap. xvii.

THE SANG OF THE OUTLAW MURRAY.

This ballad appears to have been composed about the reign of James V. It commemorates a transaction, supposed to have taken place betwixt a Scottish monarch, and an ancestor of the ancient family of Murray of Philiphaugh in Selkirkshire. The editor is unable to ascertain the historical foundation of the tale; nor is it probable that any light can be thrown upon the subject, without an accurate examination of the family charter chest. It is certain, that, during the civil wars betwixt Bruce and Baliol, the family of Philiphaugh existed, and was powerful; for their ancestor, Archibald de Moravia, subscribes the oath of fealty to Edward I.A.D. 1296. It is, therefore, not unlikely, that, residing in a wild and frontier country, they may have, at one [79] period or other, during these commotions, refused allegiance to the feeble monarch of the day, and thus extorted from him some grant of territory or jurisdiction. It is also certain, that, by a charter from James IV., dated November 30, 1509, John Murray of Philiphaugh is vested with the dignity of heritable sheriff of Ettrick Forest, an office held by his descendants till the final abolition of such jurisdictions by 28th George II. cap. 23. But it seems difficult to believe that the circumstances, mentioned in the ballad, could occur under the reign of so vigorous a monarch as James IV. It is true, that the Dramatis Personae introduced seem to refer to the end of the fifteenth, or beginning of the sixteenth, century; but from this it can only be argued, that the author himself lived soon after that period. It may, therefore, be supposed (unless farther evidence can be produced, tending to invalidate the conclusion), that the bard, willing to pay his court to the family, has connected the grant of the sheriffship by James IV. with some further dispute betwixt the Murrays of Philiphaugh and their sovereign, occurring, either while they were engaged upon the side of Baliol, or in the subsequent reigns of David II. and Robert II. and III., when the English possessed great part of the Scottish frontier, and the rest was in so lawless a state as hardly to acknowledge any superior. At the same time, this reasoning is not absolutely conclusive. James IV. had particular reasons for desiring that Ettrick Forest, which actually formed part of the [80] jointure lands of Margaret, his queen, should be kept in a state of tranquillity.—Rymer, Vol. XIII. p. 66. In order to accomplish this object, it was natural for him, according to the policy of his predecessors to invest one great family with the power of keeping order among the rest. It is even probable, that the Philiphaugh family may have had claims upon part of the lordship of Ettrick Forest, which lay intermingled with their own extensive possessions; and, in the course of arranging, not indeed the feudal superiority, but the property, of these lands, a dispute may have arisen, of sufficient importance to be the ground-work of a ballad.—It is farther probable, that the Murrays, like other border clans, were in a very lawless state, and held their lands merely by occupancy, without any feudal right. Indeed, the lands of the various proprietors in Ettrick Forest (being a royal demesne) were held by the possessors, not in property, but as the kindly tenants, or rentallers, of the crown; and it is only about 150 years since they obtained charters, striking the feu-duty of each proprietor, at the rate of the quit-rent, which he formerly paid. This state of possession naturally led to a confusion of rights and claims. The kings of Scotland were often reduced to the humiliating necessity of compromising such matters with their rebellious subjects, and James himself even entered into a sort of league with Johnie Faa, the king of the gypsies.—Perhaps, therefore, the tradition, handed [81] down in this song, may have had more foundation than it would at present be proper positively to assert.

The merit of this beautiful old tale, it is thought, will be fully acknowledged. It has been, for ages, a popular song in Selkirkshire. The scene is, by the common people, supposed to have been the castle of Newark, upon Yarrow. This is highly improbable, because Newark was always a royal fortress. Indeed, the late excellent antiquarian Mr. Plummer, sheriff-depute of Selkirkshire, has assured the editor, that he remembered the insignia of the unicorns, &c. so often mentioned in the ballad, in existence upon the old tower at Hangingshaw, the seat of the Philiphaugh family; although, upon first perusing a copy of the ballad, he was inclined to subscribe to the popular opinion. The tower of Hangingshaw has been demolished for many years. It stood in a romantic and solitary situation, on the classical banks of the Yarrow. When the mountains around Hangingshaw were covered with the wild copse which constituted a Scottish forest, a more secure strong-hold for an outlawed baron can hardly be imagined.

The tradition of Ettrick Forest bears, that the Outlaw was a man of prodigious strength, possessing a batton or club, with which he laid lee (i.e. waste) the country for many miles round; and that he was at length slain by Buccleuch, or some of his clan, at a little mount, covered with fir-trees, adjoining to Newark castle, and said to have been a part of the garden. A varying tradition bears the place [82] of his death to have been near to the house of the Duke of Buccleuch's game-keeper, beneath the castle; and, that the fatal arrow was shot by Scot of Haining, from the ruins of a cottage on the opposite side of the Yarrow. There was extant, within these twenty years, some verses of a song on his death. The feud betwixt the Outlaw and the Scotts may serve to explain the asperity, with which the chieftain of that clan is handled in the ballad.

In publishing the following ballad, the copy principally resorted to is one, apparently of considerable antiquity, which was found among the papers of the late Mrs. Cockburn, of Edinburgh, a lady whose memory will be long honoured by all who knew her. Another copy, much more imperfect, is to be found in Glenriddel's MSS. The names are in this last miserably mangled, as is always the case when ballads are taken down from the recitation of persons living at a distance from the scenes in which they are laid. Mr. Plummer also gave the editor a few additional verses, not contained in either copy, which are thrown into what seemed their proper place. There is yet another copy, in Mr. Herd's MSS., which has been occasionally made use of. Two verses are restored in the present edition, from the recitation of Mr. Mungo Park, whose toils, during his patient and intrepid travels in Africa, have not eradicated from his recollection the legendary lore of his native country.

The arms of the Philiphaugh family are said by tradition to allude [83] to their outlawed state. They are indeed those of a huntsman, and are blazoned thus; Argent, a hunting horn sable, stringed and garnished gules, on a chief azure, three stars of the first. Crest, a Demi Forester, winding his horn, proper. Motto, Hinc usque superna venabor.

THE SANG OF THE OUTLAW MURRAY.

NOTES ON THE SANG OF THE OUTLAW MURRAY.

Then spak the Lord, hight Hamilton.—P. 86. v. 4.

This is, in most copies, the earl hight Hamilton, which must be a mistake of the reciters, as the family did not enjoy that title till 1503.

James Boyd (the Earl of Arran his brother), &c.—P. 87. v. 2.

Thomas Boyd, Earl of Arran, was forfeited, with his father and uncle, in 1469, for an attempt on the person of James III. He had a son, James, who was restored, and in favour with James IV. about 1482. If this be the person here meant, we should read "The Earl of Arran his son was he." Glenriddel's copy reads, "A highland laird I'm sure was he." Reciters sometimes call the messenger, the laird of Skene.

Birkendale Brae, now commonly called Birkendailly, is a steep descent on the south side of Minch-Moor, which separates Tweeddale from Ettrick Forest; and from the top of which you have the first view of the woods of Hangingshaw, the castle of Newark, and the romantic dale of Yarrow.

This is a place at the head of Moffat-water, possessed of old by the family of Halliday.

This family were ancestors of the Murrays, earls of Annandale; but the name of the representative, in the time of James IV. was William, not Andrew. Glenriddel's MS. reads, "the country-keeper."

Before the barony of Traquair became the property of the Stewarts, it belonged to a family of Murrays, afterwards Murrays of Black-barony, and ancestors of Lord Elibank. The old castle was situated on the Tweed. The lands of Traquair were forfeited by Willielmus de Moravia, previous to 1464; for, in that year, a charter, proceeding upon his forfeiture, was granted by the crown "Willielmo Douglas de Cluny." Sir James was, perhaps, the heir of William Murray. It would farther seem, that the grant in 1464 was not made effectual by Douglas; for, another charter from the crown, dated the 3d February, 1478, conveys the estate of Traquair to James Stewart, Earl of Buchan, son to the black knight of Lorne, and maternal uncle to James III., from whom is descended the present Earl of Traquair. The first royal grant not being followed by possession, it is very possible that the Murrays may have continued to occupy Traquair long after the date of that charter. Hence, Sir James might have reason to say, as in the ballad, "The king has gifted my lands lang syne."

The honourable name of Pringle, or Hoppringle, is of great antiquity in Roxburghshire and Selkirkshire. The old tower of Torsonse is situated upon the banks of the Gala. I believe the Pringles of Torsonse are now represented by Sir James Pringle of Stitchell. There are three other ancient and distinguished families of this name; those [102] of Whitebank, Clifton, and Torwoodlee.

Permanscore is a hollow on the top of a high ridge of hills, dividing the vales of Tweed and Yarrow, a little to the east-ward of Minch-Moor. It is the outermost point of the lands of Broadmeadows. The Glenriddel MS., which, in this instance, is extremely inaccurate as to names, calls the place of rendezvous "The Poor Man's house," and hints, that the Outlaw was surprised by the treachery of the king:—

I believe the reader will think, with me, that the catastrophe is better, as now printed from Mrs. Cockburn's copy. The deceit supposed to be practised on the Outlaw, is unworthy of the military monarch, as he is painted in the ballad; especially if we admit him to be King James IV.

In this and the following verse, the ceremony of feudal investiture is supposed to be gone through, by the Outlaw resigning his possessions into the hands of the king, and receiving them back, to be held of him as superior. The lands of Philiphaugh are still possessed by the Outlaw's representative. Hangingshaw and Lewinshope were sold of late years. Newark, Foulshiels and Tinnies, have long belonged to the family of Buccleuch.

JOHNIE ARMSTRANG.

There will be such frequent occasion, in the course of this volume, to mention the clan, or sept, of the Armstrongs, that the editor finds it necessary to prefix, to this ballad, some general account of that tribe.

The Armstrongs appear to have been, at an early period, in possession of great part of Liddesdale, and of the Debateable Land. Their immediate neighbourhood to England, rendered them the most lawless of the Border depredators; and, as much of the country possessed by them was claimed by both kingdoms, the inhabitants, protected from justice by the one nation, in opposition to the other, securely preyed upon both.^[111] The chief was Armstrong of Mangertoun; but, at a later [104] period, they are declared a broken clan, i.e. one which had no lawful head, to become surety for their good behaviour. The rapacity of this clan, and of their allies, the Elliots, occasioned the popular saying, "Elliots and Armstrongs ride thieves all."—But to what Border-family of note, in former days, would not such an adage have been equally applicable? All along the river Liddel may still be discovered the ruins of towers, possessed by this numerous clan. They did not, however, entirely trust to these fastnesses; but, when attacked by a superior force, abandoned entirely their dwellings, and retired into morasses, accessible by paths known to themselves alone. One of their most noted places of refuge was the Tarras Moss, a desolate and horrible marsh, through which a small river takes its course. Upon its banks are found some dry spots, which were occupied by these outlaws, and their families, in cases of emergency. The stream runs furiously among huge rocks, which has occasioned a popular saying—

The morass itself is so deep, that, according to an old historian, two spears tied together would not reach the bottom. In this retreat, the Armstrongs, anno 1588, baffled the Earl of Angus, when lieutenant on the Border, although he reckoned himself so skilful in winding a thief, that he declared, "he had the same pleasure in it, [105] as others in a hunting a hare." On this occasion he was totally unsuccessful, and nearly lost his relation, Douglas of Ively, whom the freebooters made prisoner.—Godscroft Vol. II. p. 411.

Upon another occasion the Armstrongs were less fortunate. They had, in one of their incursions, plundered the town of Haltwhistle, on the borders of Cumberland. Sir Robert Carey, warden of the west marches, demanded satisfaction from the king of Scotland, and received for answer, that the offenders were no subjects of his, and that he might take his own revenge. The English warden, accordingly entered Llddesdale, and ravaged the lands of the outlaws; on which occasion, Sim of the Cat-hill (an Armstrong) was killed by one of the Ridleys of Haltwhistle. This incident procured Haltwhistle another visit from the Armstrongs, in which they burnt great part of the town, but not without losing one of their leaders, by a shot from a window.

"The death of this young man (says Sir Robert Carey) wrote (wrought) so deep an impression upon them (the outlaws), as many vowes were made, that, before the end of next winter, they would lay the whole Border waste. This (the murder) was done about the end of May (1598). The chiefe of all these outlaws was old Sim of Whittram.^[112] He had five or six sonnes, as able men as the Borders had. This old [106] man and his sonnes had not so few as two hundred at their commands, that were ever ready to ride with them to all actions, at their beck.

The high parts of the marsh (march) towards Scotland were put in a mighty fear, and the chiefe of them, for themselves and the rest, petitioned to mee, and did assure mee, that, unless I did take some course with them, by the end of that summer, there was none of the inhabitants durst, or would, stay in their dwellings the next winter, but they would fley the countrey, and leave their houses and lands to the fury of the outlawes. Upon this complaint, I called the gentlemen of the countrey together, and acquainted them with the misery that the highest parts of the marsh towards Scotland were likely to endure, if there were not timely prevention to avoid it, and desired them to give mee their best advice what course were fitt to be taken. They all showed themselves willing to give mee their best counsailles, and most of them were of opinion, that I was not well advised to refuse the hundred horse that my Lord Euers had; and that now my best way was speedily to acquaint the quene and counsaile with the necessity of having more soldiers, and that there could not be less than a hundred horse sent downe for the defence of the countrey, besides the forty I had already in pay, and that there was nothing but force of soldiers could keep them in awe: and to let the counsaile plainly understand, [107] that the marsh, of themselves, were not able to subsist, whenever the winter and long nights came in, unlesse present cure and remedy were provided for them. I desired them to advise better of it, and to see if they could find out any other meanes to prevent their mischievous intentions, without putting the quene and countrey to any further charge. They all resolved that there was no second meanes. Then I told them my intention what I meant to do, which was, that myselfe, with my two deputies, and the forty horse that I was allowed, would, with what speede wee could, make ourselves ready to go up to the Wastes, and there wee would entrench ourselves, and lye as near as wee could to the outlawes; and, if there were any brave spirits among them, that would go with us, they should be very wellcome, and fare and lye as well as myselfe: and I did not doubte before the summer ended, to do something that should abate the pride of these outlawes. Those, that were unwilling to hazard themselves, liked not this motion. They said, that, in so doing, I might keep the countrey quiet the time I lay there; but, when the winter approached, I could stay there no longer, and that was the theeves' time to do all their mischiefe. But there were divers young gentlemen, that offered to go with mee, some with three, some with four horses, and to stay with mee as long as I would there continue. I took a list of those that offered to go with mee, and found, that, with myself, my officers, the gentlemen, and our [108] servants, wee should be about two hundred good men and horse; a competent number, as I thought, for such a service.

The day and place was appointed for our meeting in the Wastes, and, by the help of the foot of Liddisdale^[113] and Risdale, wee had soone built a pretty fort, and within it wee had all cabines made to lye in, and every one brought beds or matresses to lye on. There wee stayed, from the middest of June, till almost the end of August. We were betweene fifty and sixty gentlemen, besides their servants and my horsemen; so that wee were not so few as two hundred horse. Wee wanted no provisions for ourselves nor our horses, for the countrey people were well payed for any thing they brought us; so that wee had a good market every day, before our fort, to buy what we lacked. The chiefe outlawes, at our coming, fled their houses where they dwelt, and betooke themselves to a large and great forest (with all their goodes), which was called the Tarras. It was of that strength, and so surrounded with bogges and marish grounds, and thicke bushes and shrubbes, as they feared not the force nor power of England nor Scotland, so long as they were there. They sent me word, that I was like the first puffe of a haggasse,^[114] hottest at the first, and [109] bade me stay there as long as the weather would give me leave. They would stay in the Tarras Wood till I was weary of lying in the Waste; and when I had had my time, and they no whit the worse, they would play their parts, which should keep mee waking the next winter. Those gentlemen of the countrey that came not with mee, were of the same minde; for they knew (or thought at least), that my force was not sufficient to withstand the furey of the outlawes. The time I stayed at the fort I was not idle, but cast, by all meanes I could, how to take them in the great strength they were in. I found a meanes to send a hundred and fifty horsemen into Scotland (conveighed by a muffled man,^[115] not known to any of the company), thirty miles within Scotland, and the businesse was carried so, that none in the countrey tooke any alarm at this passage. They were quietly brought to the back-side of the Tarras, to Scotland-ward. There they divided themselves into three parts, and tooke up three passages which the outlawes made themselves secure of, if from England side they should at any time be put at.

They had their scoutes on the tops of hills, on the English side, to give them warning if at any time any power of men should come to surprise them. The three ambushes were safely laid, without being discovered, and, about four o'clock in the morning, there were three hundred horse, and a thousand foote,^[116] that came directly to the place where the scoutes lay. They gave the alarm; our men brake down as fast as they could into the wood. The outlawes thought themselves safe, assuring themselves at any time to escape; but they were so strongly set upon, on the English side, as they were forced to leave their goodes, and betake themselves to their passages towards Scotland. There was presently five taken of the principall of them. The rest, seeing themselves, as they thought, betrayed, retired into the thicke woodes and bogges,^[117] that our men durst not follow them for fear of loosing themselves. The principall of the five, that were taken, were two of the eldest sonnes of Sim of Whitram. These five they brought to mee to the fort, and a number of goodes, both of [111] sheep and kine, which satisfied most part of the countrey, that they had stolen them from.

"The five, that were taken, were of great worth and value amongst them; insomuch, that, for their liberty, I should have what conditions I should demand or desire. First, all English prisoners were set at liberty. Then had I themselves, and most part of the gentlemen of the Scottish side, so strictly bound in bondes to enter to mee, in fifteen dayes warning, any offendour, that they durst not, for their lives, break any covenant that I made with them; and so, upon these conditions, I set them at liberty, and was never after troubled with these kind of people. Thus God blessed me in bringing this great trouble to so quiet an end; wee brake up our fort, and every man retired to his owne house."—Carey's Memoirs, p. 151.

The people of Liddesdale have retained, by tradition, the remembrance of Carey's Raid, as they call it. They tell, that, while he was besieging the outlaws in the Tarras they contrived, by ways known only to themselves, to send a party into England, who plundered the warden's lands. On their return, they sent Carey one of his own cows, telling him, that, fearing he might fall short of provision during his visit to Scotland, they had taken the precaution of sending him some English beef. The anecdote is too characteristic to be suppressed.

From this narrative, the power and strength of the Armstrongs, at this late period, appear to have been very considerable. Even upon the [112] death of Queen Elizabeth, this clan, associated with other banditti of the west marches to the number of two or three hundred horse, entered England in a hostile manner, and extended their ravages as far as Penrith. James VI., then at Berwick, upon his journey to his new capital, detached a large force, under Sir William Selby, captain of Berwick, to bring these depredators to order. Their raid, remarkable for being the last of any note occurring in history, was avenged in an exemplary manner. Most of the strong-holds upon the Liddel were razed to the foundation, and several of the principal leaders executed at Carlisle; after which we find little mention of the Armstrongs in history. The precautions, adopted by the Earl of Dunbar, to preserve peace on the borders, bore peculiarly hard upon a body of men, long accustomed to the most ungoverned licence. They appear, in a great measure, to have fallen victims to the strictness of the new enactments.—Ridpath, p. 703.—Stow, 819.—Laing, Vol. I. The lands, possessed by them in former days, have chiefly come into the hands of the Buccleuch family, and of the Elliots; so that, with one or two exceptions, we may say, that, in the country which this warlike clan once occupied, there is hardly left a land-holder of the name. One of the last border reivers was, however, of this family, and lived within the beginning of the last century. After having made himself dreaded over the whole country, he at last came to the following end: One—, a man of large property, having lost twelve cows [113] in one night, raised the country of Tiviotdale, and traced the robbers into Liddesdale, as far as the house of this Armstrong, commonly called Willie of Westburnflat, from the place of his residence, on the banks of the Hermitage water. Fortunately for the pursuers he was then asleep; so that he was secured, along with nine of his friends, without much resistance. He was brought to trial at Selkirk; and, although no precise evidence was adduced to convict him of the special fact (the cattle never having been recovered), yet the jury brought him in guilty on his general character, or, as it is called in our law, on habite and repute. When sentence was pronounced, Willie arose; and, seizing the oaken chair in which he was placed, broke it into pieces by main strength, and offered to his companions, who were involved in the same doom, that, if they would stand behind him, he would fight his way out of Selkirk with these weapons. But they held his hands, and besought him to let them die like Christians. They were accordingly executed in form of law. This was the last trial at Selkirk. The people of Liddesdale, who (perhaps not erroneously) still consider the sentence as iniquitous, remarked, that—, the prosecutor, never throve afterwards, but came to beggary and ruin, with his whole family.

Johnie Armstrong, of Gilnockie, the hero of the following ballad, is a noted personage, both in history and tradition. He was, it would seem from the ballad, a brother of the laird of Mangertoun, chief of [114] the name. His place of residence (now a roofless tower) was at the Hollows, a few miles from Langholm, where its ruins still serve to adorn a scene, which, in natural beauty, has few equals in Scotland. At the head of a desperate band of freebooters, this Armstrong is said to have spread the terror of his name almost as far as Newcastle, and to have levied black mail, or protection and forbearance money, for many miles around. James V., of whom it was long remembered by his grateful people, that he made the "rush-bush keep the cow," about 1529, undertook an expedition through the border counties, to suppress the turbulent spirit of the marchmen. But, before setting out upon his journey, he took the precaution of imprisoning the different border chieftains, who were the chief protectors of the marauders. The Earl of Bothwell was forfeited, and confined in Edinburgh castle. The lords of Home and Maxwell, the lairds of Buccleuch, Fairniherst, and Johnston, with many others, were also committed to ward. Cockburn of Henderland, and Adam Scott of Tushielaw, called the King of the Border, were publicly executed.—Lesley, p. 430. The king then marched rapidly forward, at the head of a flying army of ten thousand men, through Ettrick Forest, and Ewsdale. The evil genius of our Johnie Armstrong, or, as others say, the private advice of some courtiers, prompted him to present himself before James, at the head of thirty-six horse, arrayed in all the pomp of border chivalry, Pitscottie uses nearly the words of the ballad, in describing the splendour of his equipment, [115] and his high expectations of favour from the king. "But James, looking upon him sternly, said to his attendants, 'What wants that knave that a king should have?' and ordered him and his followers to instant execution."—"But John Armstrong," continues this minute historian, "made great offers to the king. That he should sustain himself, with forty gentlemen, ever ready at his service, on their own cost, without wronging any Scottishman: Secondly, that there was not a subject in England, duke, earl, or baron, but, within a certain day, he should bring him to his majesty, either quick or dead.^[118] At length he, seeing no hope of favour, said very proudly, 'It is folly to seek grace at a graceless face; but,' said he, 'had I known this, I should have lived upon the borders in despite of King Harry and you both; for [116] I know King Harry would down-weigh my best horse with gold, to know that I were condemned to die this day.'—Pitscottie's History, p. 145. Johnie, with all his retinue, was accordingly hanged upon growing trees, at a place called Carlenrig chapel, about ten miles above Hawick, on the high road to Langholm. The country people believe, that, to manifest the injustice of the execution, the trees withered away. Armstrong and his followers were buried in a deserted church-yard, where their graves are still shewn.

As this border hero was a person of great note in his way, he is frequently alluded to by the writers of the time. Sir David Lindsay of the Mount, in the curious play published by Mr. Pinkerton, from the Bannatyne MS., introduces a pardoner, or knavish dealer in reliques, who produces, among his holy rarities—

In The Complaynt of Scotland, John Armistrangis's dance, mentioned as a popular tune, has probably some reference to our hero.

The common people of the high parts of Tiviotdale, Liddesdale, and the country adjacent, hold the memory of Johnie Armstrong in very high [117] respect. They affirm also, that one of his attendants broke through the king's guard, and carried to Gilnockie Tower the news of the bloody catastrophe.

This song was first published by Allan Ramsay, in his Evergreen, who says, he copied it from the mouth of a gentleman, called Armstrong, who was in the sixth generation from this John. The reciter assured him, that this was the genuine old ballad; the common one false. By the common one, Ramsay means an English ballad upon the same subject, but differing in various particulars, which is published in Mr. Ritson's English Songs, Vol. II. It is fortunate for the admirers of the old ballad, that it did not fall into Ramsay's hands, when he was equipping with new sets of words the old Scottish tunes in his Tea-Table Miscellany. Since his time it has been often reprinted.

JOHNIE ARMSTRANG

SUPPLEMENT TO THE BALLAD OF JOHNIE ARMSTRANG.

The editor believes, his readers will not be displeased to see a Bond of Manrent, granted by this border freebooter to the Scottish warden of the west marches, in return for the gift of a feudal casualty of certain lauds particularized. It is extracted from Syme's Collection of Old Writings, MS. penes Dr. Robert Anderson, of Edinburgh.

BOND OF MANRENT.

Be it kend till all men, be thir present letters, me, Johne Armistrang, for to be bound and oblist, and be the tenor of thir present letters, and faith and trewth in my body, lelie and trewlie, bindis and oblissis me and myn airis, to are nobil and michtie lord, Robert Lord Maxwell, wardane of the west marches of Scotland, that, forasmikle as my said lord has given and grantit to me, and mine airis perpetuallie, the nonentries of all and hail the landis underwritten, that is to say, the landis of Dalbetht, Shield, Dalblane, Stapil-Gortown, Langholme, and—with their pertindis, lyand in the lordship of Eskdale, as his gift, maid to me, therupon beris in the self: and that for all the tyme of the nonentres of the samyn. [127] Theirfor, I, the said Johne Armistrang, bindis and oblissis me and myne airis, in manrent and service to the said Robert Lord Maxwell, and his airis, for evermair, first and befor all uthirs, myne allegiance to our soverane lord, the king, allanerly except; and to be trewe, gude, and lele servant to my said lord, and be ready to do him service, baith in pece and weir, with all my kyn, friends, and servants, that I may and dowe to raise, and be and to my said lord's airis for evermair. And sall tak his true and plane part in all maner of actions at myn outer power, and sall nouther wit, hear, nor se my said lordis skaith, lak, nor dishonestie, but we sall stop and lett the samyn, and geif we dowe not lett the samyn, we sall warn him thereof in all possible haist; and geif it happenis me, the said Johne Armistrang, or myne airis, to fail in our said service and manrent, any maner of way, to our said lord (as God forbid we do), than, and in that caiss, the gift and nonentres maid be him to us, of the said landis of Dalbetht, Schield, Dalblane, Stapil-Gortown, Langholme, and—with the pertinentis to be of no avale, force, nor effect; but the said lord and his airis to have free regress and ingress to the nonentres of the samyn, but ony pley or impediment. To the keeping and fulfilling of all and sundry the premisses, in form above writtin, I bind and obliss me and my airis foresaids, to the said lord and his airis for evermare, be the faithis treuthis in our bodies, but fraud or gile. In witness of the whilk thing, to thir letters of manrent subscrievit, with my hand at the pen, my sele is hangin, at Drumfries, the secund day of November, the yeir of God, Jaiv and XXV. yeiris.

The lands, here mentioned, were the possessions of Armstrong himself, the investitures of which not having been regularly renewed, the feudal casualty of non-entry had been incurred by the vassal. The brother of Johnie Armstrang is said to have founded, or rather repaired, Langholm castle, before which, as mentioned in the ballad, [128] verse 5th, they "ran their horse," and "brake their spears," in the exercise of border chivalry.—Account of the Parish of Langholm, apud Macfarlane's MSS. The lands of Langholm and Staplegorton continued in Armstrong's family; for there is, in the same MS. collection, a similar bond of manrent, granted by "Christofer Armistrang, calit Johne's Pope," on 24th January, 1557, to Lord Johne Lord Maxwell, and to Sir Johne Maxwell of Terreglis, knight, his tutor and governor, in return for the gift of "the males of all and haill the landis whilk are conteint in ane bond made by umquhile Johne Armistrang, my father, to umquhile Robert, Lord Maxwell, gudshore to the said Johne, now Lord Maxwell." It would therefore appear, that the bond of manrent, granted by John Armstrong, had been the price of his release from the feudal penalty arising from his having neglected to procure a regular investiture from his superior. As Johnie only touched the pen, it appears that he could not write.

Christopher Armstrong, above-mentioned, is the person alluded to in the conclusion of the ballad—"God be with thee, Kirsty, my son." He was the father, or grandfather, of William Armstrong, called Christie's Will, a renowned freebooter, some of whose exploits the reader will find recorded in the third volume of this work.

THE LOCHMABEN HARPER.

NOW FIRST PUBLISHED.

The castle of Lochmaben was formerly a noble building, situated upon a peninsula, projecting into one of the four lakes which are in the neighbourhood of the royal burgh, and is said to have been the residence of Robert Bruce, while lord of Annandale. Accordingly, it was always held to be a royal fortress, the keeping of which, according to the custom of the times, was granted to some powerful lord, with an allotment of lands and fishings, for the defence and maintenance of the place. There is extant a grant, dated 16th March, 1511, to Robert Lauder of the Bass, of the office of captain and keeper of Lochmaben castle, for seven years, with many perquisites. Among others, the "land, stolen frae the king," is bestowed upon the captain, as his proper lands.—What shall we say of a country, where the very ground was the subject of theft?

NOTES ON THE LOCHMABEN HARPER.

The only remark which offers itself on the foregoing ballad seems to be, that it is the most modern in which the harp, as a border instrument of music, is found to occur.

I cannot dismiss the subject of Lochmaben, without noticing an extraordinary and anomalous class of landed proprietors, who dwell in the neighbourhood of that burgh. These are the inhabitants of four small villages, near the ancient castle, called the Four Towns of Lochmaben. They themselves are termed the King's Rentallers, or kindly tenants; under which denomination each of them has a right, of an allodial nature, to a small piece of ground. It is said, that these people are the descendants of Robert Bruce's menials, to whom he assigned, in reward of their faithful service, these portions of land, burdened only with the payment of certain quit-rents, and grassums or fines, upon the entry of a new tenant. The right of the rentallers is, in essence, a right of property, but, in form, only a right of lease; of which they appeal for the foundation on the rent-rolls of the lord of the castle and manor. This possession, by rental, or by simple entry upon the rent-roll, was anciently a common, and peculiarly sacred, species of property, granted by a chief to his faithful [135] followers; the connection of landlord and tenant being esteemed of a nature too formal to be necessary, where there was honour upon one side, and gratitude upon the other. But, in the case of subjects granting a right of this kind, it was held to expire with the life of the granter, unless his heir chose to renew it; and also upon the death of the rentaller himself, unless especially granted to his heirs, by which term only his first heir was understood. Hence, in modern days, the kindly tenants have entirely disappeared from the land. Fortunately for the inhabitants of the Four Towns of Lochmaben, the maxim, that the king can never die, prevents their right of property from reverting to the crown. The viscount of Stormonth, as royal keeper of the castle, did, indeed, about the beginning of last century, make an attempt to remove the rentallers from their possessions, or at least to procure judgment, finding them obliged to take out feudal investitures, and subject themselves to the casualties thereto annexed. But the rentallers united in their common defence; and, having stated their immemorial possession, together with some favourable clauses in certain old acts of parliament, enacting, that the king's poor kindly tenants of Lochmaben should not be hurt, they finally prevailed in an action before the Court of Session. From the peculiar state of their right of property, it follows, that there is no occasion for feudal investitures, or the formal entry of an heir; and, of course, when they chuse to convey their lands, it is done by a simple deed of conveyance, without charter or sasine.

The kindly tenants of Lochmaben live (or at least lived till lately) much sequestered from their neighbours, marry among themselves, and are distinguished from each other by soubriquets, according to the ancient border custom, repeatedly noticed You meet, among their writings, with such names as John Out-bye, Will In-bye, White-fish, Red-fish, &c. They are tenaciously obstinate in defence of their privileges of commonty, &c. which are numerous. Their lands are, in general, neatly inclosed, and well cultivated, and they form a contented and industrious little community.

Many of these particulars are extracted from the MSS. of Mr. Syme, writer to the signet. Those, who are desirous of more information, may consult Craig de Feudis, Lib. II. dig. 9. sec. 24. It is hoped the reader will excuse this digression, though somewhat professional; especially as there can be little doubt, that this diminutive republic must soon share the fate of mightier states; for, in consequence of the increase of commerce, lands possessed under this singular tenure, being now often brought to sale, and purchased by the neighbouring proprietors, will, in process of time, be included in their investitures, and the right of rentallage be entirely forgotten.

JAMIE TELFER OF THE FAIR DODHEAD.

There is another ballad, under the same title as the following, in which nearly the same incidents are narrated, with little difference, except that the honour of rescuing the cattle is attributed to the Liddesdale Elliots, headed by a chief, there called Martin Elliot of the Preakin Tower, whose son, Simon, is said to have fallen in the action. It is very possible, that both the Tiviotdale Scotts, and the Elliots were engaged in the affair, and that each claimed the honour of the victory.

The editor presumes, that the Willie Scott, here mentioned must have been a natural son of the laird of Buccleuch.

NOTES ON JAMIE TELFER OF THE FAIR DODHEAD.

Hardhaughswire is the pass from Liddesdale to the head of Tiviotdale.

Borthwick water is a stream, which falls into the Tiviot, three miles above Hawick.

The Dodhead, in Selkirkshire, near Singlee, where there are still the vestiges of an old tower.

There is still a family of Telfers, residing near Langholm, who pretend to derive their descent from the Telfers of the Dodhead.

Stobs Hall, upon Slitterick. Jamie Telfer made his first application [149] here because he seems to have paid the proprietor of that castle black-mail, or protection-money.

The ancient family-seat of the lairds of Buccleuch, near Hawick.

The Coultart Cleugh is nearly opposite to Carlinrig, on the road between Hawick and Mosspaul.

The water, in the mountainous districts of Scotland, is often used to express the banks of the river, which are the only inhabitable parts of the country. To raise the water, therefore, was to alarm those who lived along its side.

The estates, mentioned in this verse, belonged to families of the name of Scott, residing upon the waters of Borthwick and Tiviot, near the castle of their chief.

The pursuers seem to have taken the road through the hills of Liddesdale, in order to collect forces, and intercept the foragers at the passage of the Liddel, on their return to Bewcastle. The Ritterford and Kershope-ford, after mentioned, are noted fords on the river Liddel.

The Frostylee is a brook, which joins the Tiviot, near Mosspaul.

Of this border laird, commonly called Auld Wat of Harden, tradition has preserved many anecdotes. He was married to Mary Scott, [150] celebrated in song by the title of the Flower of Yarrow. By their marriage-contract, the father-in-law, Philip Scott of Dryhope, was to find Harden in horse meat, and man's meat, at his tower of Dryhope, for a year and a day; but five barons pledge themselves, that, at the expiry of that period, the son-in-law should remove, without attempting to continue in possession by force! A notary-public signed for all the parties to the deed, none of whom could write their names. The original is still in the charter-room of the present Mr. Scott of Harden. By the Flower of Yarrow the laird of Harden had six sons; five of whom survived him, and founded the families of Harden (now extinct), Highchesters (now representing Harden), Reaburn, Wool, and Synton. The sixth son was slain at a fray, in a hunting-match, by the Scotts of Gilmanscleugh. His brothers flew to arms; but the old laird secured them in the dungeon of his tower, hurried to Edinburgh, stated the crime, and obtained a gift of the lands of the offenders from the crown. He returned to Harden with equal speed, released his sons, and shewed them the charter. "To horse, lads!" cried the savage warrior, "and let us take possession! the lands of Gilmanscleuch are well worth a dead son." The property, thus obtained, continued in the family till the beginning of last century, when it was sold, by John Scott of Harden, to Anne, Duchess of Buccleuch.

Perhaps one of the ancient family of Brougham, in Cumberland. The editor has used some freedom with the original in the subsequent verse. The account of the captain's disaster (tests laeva vulnerata) is rather too naive for literal publication.

A house belonging to the Foresters, situated on the English side of the Liddel.

An article in the list of attempts upon England, fouled by the [151] commissioners ar Berwick, in the year 1587, may relate to the subject of the foregoing ballad.

Thomas Musgrave, deputy {Walter Scott, laird } 200 kine and
of Bewcastle, and {of Buckluth, and his} oxen,300 gait the
tenants, against {complices; for } and sheep.

THE RAID OF THE REIDSWIRE.

This poem is published from a copy in the Bannatyne MS. in the hand-writing of the Hon. Mr. Carmichael, advocate. It first appeared in Allan Ramsay's Evergreen, but some liberties have been taken by him in transcribing it; and, what is altogether unpardonable, the MS., which is itself rather inaccurate, has been interpolated to favour his readings; of which there remain obvious marks.

The skirmish of the Reidswire happened upon the 7th of June, 1575, at one of the meetings, held by the wardens of the marches, for arrangements necessary upon the border. Sir John Carmichael, ancestor of the present Earl of Hyndford, was the Scottish warden, and Sir John Forster held that office on the English middle march.—In the course of the day, which was employed, as usual, in redressing wrongs, a bill, or indictment, at the instance of a Scottish complainer, was fouled (i.e. found a true bill) against one Farnstein, a [153] notorious English freebooter. Forster alleged that he had fled from justice: Carmichael considering this as a pretext to avoid making compensation for the felony, bade him "play fair!" to which the haughty English warden retorted, by some injurious expressions respecting Carmichael's family, and gave other open signs of resentment. His retinue, chiefly men of Reesdale and Tynedale, the most ferocious of the English borderers, glad of any pretext for a quarrel, discharged a flight of arrows among the Scots. A warm conflict ensued, in which, Carmichael being beat down and made prisoner, success seemed at first to incline to the English side; till the Tynedale men, throwing themselves too greedily upon the plunder, fell into disorder; and a body of Jedburgh citizens arriving at that instant, the skirmish terminated in a complete victory on the part of the Scots, who took prisoners, the English warden, James Ogle, Cuthbert Collingwood, Francis Russel, son to the Earl of Bedford, and son-in-law to Forster, some of the Fenwicks, and several other border chiefs. They were sent to the Earl of Morton, then regent, who detained them at Dalkeith for some days, till the heat of their resentment was abated; which prudent precaution prevented a war betwixt the two kingdoms. He then dismissed them with great expressions of regard; and, to satisfy Queen Elizabeth,^[143] sent up Carmichael to York, whence he was soon after honourably dismissed. [154] The field of battle, called the Reidswire, is a part of the Carter Mountain, about ten miles from Jedburgh.—See, for these particulars, Godscroft, Spottiswoode, and Johnstone's History.

The editor has adopted the modern spelling of the word Reidswire, to prevent the mistake in pronunciation which might be occasioned by the use of the Scottish qu for w. The MS. reads Reidsquair. Swair, or Swire, signifies the descent of a hill; and the epithet Red is derived from the colour of the heath, or, perhaps, from the Reid-water, which rises at no great distance.

THE RAID OF THE REIDSWIRE.

NOTES ON THE RAID OF THE REIDSWIRE.

Sir John Carmichael was a favourite of the resent Morton, by whom he was appointed warden of the middle marches, in preference to the border chieftains. With the like policy, the regent married Archibald Carmichael, the warden's brother, to the heiress of Edrom, in the Merse, much contrary to the inclination of the lady and her friends. In like manner, he compelled another heiress, Jane Sleigh, of Cumlege, to marry Archibald, brother to Auchinleck of Auchiuleck, one of his dependants. By such arbitrary practices, Morton meant to strengthen his authority on the borders; instead of which, he hastened his fall, by giving disgust to his kinsman the Earl of Angus, and his other friends, who had been established in the country for ages.—Godscroft, Vol. II. Pages 238. 246. Sir John Carmichael, the warden, was murdered 16th June, 1600, by a party of borderers, at a place called Raesknows, near Lochmaben, whither he was going to hold a court of justice. Two of the ring-leaders in the slaughter, Thomas Armstrong, called Ringan's Tarn, and Adam Scott, called the Pecket, were tried at Edinburgh, at the instance of Carmichael of Edrom. They were condemned to have their right hands struck off, [164] thereafter to be hanged, and their bodies gibbeted on the Borough Moor; which sentence was executed, 14th November, 1601. "This Pecket, (saith Birrel in his Diary), was ane of the maist notalrie thieftes that ever raid:" he calls his name Steill, which appears, from the record, to be a mistake. Four years afterwards, an Armstrong, called Sandy of Rowanburn, and several others of that tribe, were executed for this and other excesses.—Books of Adjournal of these dates.

The chief, who led out the sirname of Scott upon this occasion, was (saith Satchells) Walter Scott of Ancrum, a natural son of Walter of Buccleuch. The laird of Buccleuch was then a minor. The ballad seems to have been popular in Satchells' days, for he quotes it literally. He must, however, have been mistaken in this particular; for the family of Scott of Ancrum, in all our books of genealogy, deduce their descent from the Scotts of Balwearie in Fife, whom they represent. The first of this family, settled in Roxburghshire, is stated in Douglas' Baronage to have been Patrick Scott, who purchased the lands of Ancrum, in the reign of James VI. He therefore could not be the Laird's Wat of the ballad; indeed, from the list of border families in 1597, Ker appears to have been proprietor of Ancrum at the date of the ballad. It is plainly written in the MS. the Laird's Wat, i.e., the Laird's son Wat; notwithstanding which, it has always hitherto been printed the Laird Wat. If Douglas be accurate in his genealogy, the person meant must be the young laird of Buccleuch, afterwards distinguished for his surprise of Carlisle Castle.—See Kinmont Willie. I am the more confirmed in this opinion, because Kerr of Ancrum was at this time a fugitive, for slaying one of the Rutherfords, and the tower of Ancrum given in keeping to the Turnbulls, his hereditary enemies. His mother, however, a daughter of Home of Wedderburn, contrived to turn out the Turnbulls, and possess herself of the place by surprise.—Godscroft, Vol. II. p. 250.

This clan are here mentioned as not being hail, or whole, because they were outlawed or broken men. Indeed, many of them had become Englishmen, as the phrase then went. Accordingly, we find, from Paton, that forty of them, under the laird of Mangertoun, joined Somerset upon his expedition into Scotland.—Paton, in Dalyell's Fragments, p. 1. There was an old alliance betwixt the Elliots and Armstrongs, here alluded to. For the enterprises of the Armstrongs, against their native country, when under English assurance, see Murdin's State Papers, Vol. I. p. 43. From which it appears, that, by command of Sir Ralph Evers, this clan ravaged almost the whole west border of Scotland.

Douglas of Cavers, hereditary sheriff of Teviotdale, descended from Black Archibald, who carried the standard of his father, the Earl of Douglas, at the battle of Otterbourne.—See the Ballad of that name.

Cranstoun of that ilk, ancestor to Lord Cranstoun; and Gladstain of Gladstains.

These were ancient and powerful border clans, residing chiefly upon the river Jed. Hence, they naturally convoyed the town of Jedburgh out. Although notorious freebooters, they were specially patronised by Morton, who, by their means, endeavoured to counterpoise the power of Buccleuch and Ferniherst, during the civil wars attached to the queen's faction.

The following fragment of an old ballad is quoted in a letter from an aged gentleman of this name, residing at New-York, to a friend in Scotland:

This gentleman is called, erroneously, in some copies of this ballad, Sir George. He was warden of the mid-marches of England.

Sir George Heron of Chipchase-house, whose character is contrasted with that of the English warden.

These are districts, or dales, on the English border. Hebsrime seems to be an error in the MS. for Hebburn upon the Till.

The Fenwicks; a powerful and numerous Northumberland clan.

The gathering word, peculiar to a certain name, or set of people, was termed slogan, or slughorn, and was always repeated at an onset, as well as on many other occasions, as appears from the following passage of an old author, whom this custom seems much to have offended—for he complains,

"That whereas alweys, both in al tounes of war, and in al campes of armies, quietnes and stilnes without nois is principally in the night, after the watch is set, observed (I need not reason why.) Yet, our northern prikkers, the borderers, notwithstanding, with great enormitie, (as thought me) and not unlyke (to be playn) unto a masterless hounde houyling in a hie wey, when he hath lost him he wayted upon, sum hoopyng, sum whistelyng, and most with crying, a Berwyke! a Berwyke! a Fenwyke! a Fenwyke! [167] a Bulmer! a Bulmer! or so ootherwise as theyr captein's names wear, never linnde those troublous and daungerous noyses all the night long. They sayd they did it to fynd out their captein and fellowes; but if the soldiours of our oother countries and sheres had used the same maner, in that case we shoold have oftymes had the state of our campe more lyke the outrage of a dissolute huntyng, than the quiet of a wel ordred army."—

Patten's Account of Somerset's Expedition, p. 76.—Apud Dalyell's Fragments.

Honest Patten proceeds, with great prolixity, to prove, that this was a custom more honoured in the breach than in the observance; and, like Fluellen, declares, "that such idle pribble prabbles were contrary to all the good customs and disciplines of war." Nevertheless, the custom of crying the slogan or ensenzie, is often alluded to in all our ancient histories and poems. It was usually the name of the clan, or place of rendezvous, or leader. In 1335, the English, led by Thomas of Rosslyne, and William Moubray, assaulted Aberdeen. The former was mortally wounded in the onset; and, as his followers were pressing forward, shouting Rosslyne! Rosslyne! "Cry Moubray," said the expiring chieftain; "Rosslyne is gone!" The Highland clans had also their appropriate slogans. The Macdonalds cried Frich, (heather); the Macphersons Craig-Ubh; the Grants Craig-Elachie; and the Macfarlanes Lock-Sloy.

The Scots, on this occasion, seem to have had chiefly fire-arms; the English retaining still their partiality for their ancient weapon, the long-bow. It also appears, by a letter from the Duke of Norfolk to Cecil, that the English borderers were unskilful in fire-arms, or, as he says, "our countrymen be not so commyng with shots as I woolde wishe."—See Murdin's State Papers, Vol. I. p. 319.

The ballad-maker here ascribes the victory to the real cause; for, [168] the English borderers, dispersing to plunder the merchandise, gave the opposite party time to recover from their surprise It seems to have been usual for travelling merchants to attend border-meetings, although one would have thought the kind of company, usually assembled there, might have deterred them.

This gentleman was son to the Earl of Bedford. He was afterwards killed in a fray of a similar nature, at a border-meeting, between the same Sir John Forster (father-in-law to Russell), and Thomas Ker of Fairnihurst, A.D. 1585.

Fenwick of Wallinton, a powerful Northumbrian chief.

Sir Cuthbert Collingwood. Besides these gentlemen, James Ogle, and many other Northumbrians of note, were made prisoners. Sir George Heron, of Chipchase and Ford, was slain, to the great regret of both parties, being a man highly esteemed by the Scots, as well as the English. When the prisoners were brought to Morton, at Dalkeith, and, among other presents, received from him some Scottish falcons, one of his train observed, that the English were nobly treated, since they got live hawks for dead herons.—Godscroft.

The name of this gentleman does not appear in the MS. in the Advocates' Library, but is restored from a copy in single sheet, printed early in the last century.

An ancient family on the borders. The lands of Mowe are situated upon [169] the river Bowmont, in Roxburghshire. The family is now represented by William Molle, Esq. of Mains, who has restored the ancient spelling of the name. The laird of Mowe, here mentioned, was the only gentleman of note killed in the skirmish on the Scottish side.

Graden, a family of Kerrs.

Douglas of Beanjeddart, an ancient branch of the house of Cavers, possessing property near the junction of the Jed and Tiviot.

Hundlie,—Rutherford of Hundlie, or Hundalee, situated on the Jed, above Jedhurgh.

Hunthill.—The old tower of Hunthill was situated about a mile above Jedburgh. It was the patrimony of an ancient family of Rutherfords. I suppose the person, here meant, to be the same who is renowned in tradition by the name of the Cock of Hunthill. His sons were executed for march-treason, or border-theft, along with the lairds of Corbet, Greenhead, and Overton, A.D. 1588.—Johnston's History, p. 129.

Sir Andrew Turnbull of Bedrule, upon Rule Water. This old laird was so notorious a thief, that the principal gentlemen of the clans of Hume and Kerr refused to sign a bond of alliance, to which he, with the Turnbulls and Rutherfords, was a party; alleging, that their proposed allies had stolen Hume of Wedderburn's cattle. The authority of Morton, however, compelled them to digest the affront. The debate (and a curious one it is) may be seen at length in Godscroft, Vol. I. p. 221. The Rutherfords became more lawless after having been deprived of the countenance of the court, for slaying the nephew of Forman, archbishop of St. Andrews, who had attempted to carry off the heiress of Rutherford. This lady was afterwards married to James Stuart of Traquair, son to James, Earl of Buchan, according to a papal bull, dated 9th November, 1504. By this lady a great estate in Tiviotdale fell to the family of Traquair, which was sold by James, [170] Earl of Traquair, lord-high-treasurer of Scotland, in consequence of the pecuniary difficulties to which he was reduced, by his loyal exertions in favour of Charles I.

An ancient family of Rutherfords; I believe, indeed, the most ancient now extant. The family is represented by Major Rutherford of Edgerstane. His seat is about three miles distant from the field of battle.

The parish of Kirktoun belonged, I believe, about this time, to a branch of the Cavers family; but Kirkton of Stewartfield is mentioned in the list of border clans in 1597.

Newtoun.—This is probably Grinyslaw of Little Newtoun, mentioned in the said roll of border clans.

KINMONT WILLIE

In the following rude strains, our forefathers commemorated one of the last, and most gallant atchievements, performed upon the border. The reader will find, in the subjoined extract from Spottiswoode, a minute historical account of the exploit; which is less different from that contained in the ballad than might perhaps have been expected.

Anno, 1596.—"The next year began with a trouble in the borders, which was like to have destroyed the peace betwixt the two realms, and arose upon this occasion. The Lord Scroop being the warden of the west marches of England, and the laird of Bacleuch having the charge of Liddesdale, they sent their deputies to keep a day of truce, for redress of some ordinary matters.—The place of meeting was at the Dayholme of Kershop, where a small brook divideth England from Scotland, and Liddesdale from Bawcastle. There met, as deputy for the laird of Bacleuch, Robert Scott of Hayninge; and for the Lord Scroop, [172] a gentleman within the west wardenry, called Mr. Salkeld. These two, after truce taken and proclaimed, as the custom was, by sound of trumpet, met friendly, and, upon mutual redress of such wrongs as were then complained of, parted in good terms, each of them taking his way homewards. Meanwhile it happened, one William Armstrong, commonly called Will of Kinmonth, to be in company with the Scottish deputy, against whom the English had a quarrel, for many wrongs he had committed, as he was indeed a notorious thief. This man, having taken his leave of the Scots deputy, and riding down the river of Liddel on the Scottish side, towards his own house, was pursued by the English, who espied him from the other side of the river, and, after a chase of three or four miles, taken prisoner, and brought back to the English deputy, who carried him away to the castle of Carlisle.

"The laird of Bacleuch complaining of the breach of truce (which was always taken from the time of meeting, unto the next day at sun-rising), wrote to Mr. Salkeld, and craved redress. He excused himself by the absence of the Lord Scroop. Whereupon Bacleuch sent to the Lord Scroop, and desired the prisoner might be set at liberty, without any bond or condition, seeing he was unlawfully taken. Scroop answered, that he could do nothing in the matter, it having so happened, without a direction from the queen and council of England, [173] considering the man was such a malefactor.—Bacleuch, loth to inform the king of what was done, lest it might have bred some misliking betwixt the princes, dealt with Mr. Bowes, the resident ambassador of England, for the prisoner's liberty; who wrote very seriously to the Lord Scroop in that business, advising him to set the man free, and not to bring the matter to a farther hearing. But no answer was returned: the matter thereupon was imparted to the king, and the queen of England solicited by letters to give direction for his liberty; yet nothing was obtained; which Bacleuch perceiving, and apprehending both the king, and himself as the king's officer, to be touched in honour, he resolved to work the prisoner's relief, by the best means he could.

"And, upon intelligence that the castle of Carlisle, wherein the prisoner was kept, was surprisable, he employed some trusty persons to take a view of the postern gate, and measure the height of the wall, which he meant to scale by ladders, and, if those failed, to break through the wall with some iron instruments, and force the gates. This done, so closely as he could, he drew together some two hundred horse, assigning the place of meeting at the tower of Morton, some ten miles from Carlisle, an hour before sun-set. With this company, passing the water of Esk, about the falling, two hours before day, he crossed Eden beneath Carlisle bridge (the water, through the rain that had fallen, being thick), and came to the Sacery, a plain under the castle. There [174] making a little halt, at the side of a small bourn, which they call Cadage, he caused eighty of the company to light from their horses, and take the ladders, and other instruments which he had prepared, with them. He himself, accompanying them to the foot of the wall, caused the ladders to be set to it, which proving too short, he gave order to use the other instruments for opening the wall nigh the postern; and, finding the business likely to succeed, retired to the rest whom he had left on horseback, for assuring those that entered upon the castle against any eruption from the town. With some little labor a breach was made for single men to enter, and they who first went in, broke open the postern for the rest. The watchmen, and some few the noise awaked, made a little restraint, but they were quickly repressed, and taken captive. After which, they passed to the chamber wherein the prisoner was kept; and, having brought him forth, sounded a trumpet, which was a signal to them without that the enterprize was performed. My Lord Scroope and Mr. Salkeld were both within the house, and to them the prisoner cried "a good night!" The captives taken in the first encounter were brought to Bacleuch, who presently returned them to their master, and would not suffer any spoil, or booty, as they term it, to be carried away; he had straitly forbidden to break open any door, but that where the prisoner was kept, though he might have made prey of all the goods within the castle, and taken the [175] warden himself captive; for he would have it seen, that he did intend nothing but the reparation of his majesty's honor. By this time, the prisoner was brought forth, the town had taken the alarm, the drums were beating, the bells ringing, and a beacon put on the top of the castle, to give warning to the country. Whereupon Bacleuch commanded those that entered the castle, and the prisoner, to horse; and marching again by the Sacery, made to the river at the Stony-bank, on the other side, whereof certain were assembled to stop his passage; but he, causing to sound the trumpet, took the river, day being then broken, and they choosing to give him way, he retired in order through the Grahams of Esk (men at that time of great power, and his un-friends), and came back into Scottish ground two hours after sun-rising, and so homewards.

"This fell out the 13th of April, 1596. The queen of England, having notice sent her of what was done, stormed not a little. One of her chief castles surprised, a prisoner taken forth of the hands of the warden, and carried away, so far within England, she esteemed a great affront. The lieger, Mr. Bowes, in a frequent convention kept at Edinburgh, the 22d of May, did, as he was charged, in a long oration, aggravate the heinousness of the fact, concluding that peace could not longer continue betwixt the two realms, unless Bacleuch were delivered in England, to be punished at the queen's pleasure. Bacleuch [176] compearing, and charged with the fact, made answer—'That he went not into England with intention to assault any of the queen's houses, or to do wrong to any of her subjects, but only to relieve a subject of Scotland unlawfully taken, and more unlawfully detained; that, in the time of a general assurance, in a day of truce, he was taken prisoner against all order, neither did he attempt his relief till redress was refused; and that he had carried the business in such a moderate manner, as no hostility was committed, nor the least wrong offered to any within the castle; yet was he content, according to the ancient treaties observed betwixt the two realms, when as mutual injuries were alleged, to be tried by the commissioners that it should please their majesties to appoint, and submit himself to that which they should decern.'—The convention, esteeming the answer reasonable, did acquaint the ambassador therewith, and offered to send commissioners to the borders, with all diligence, to treat with such as the queen should be pleased to appoint for her part.

"But she, not satisfied with the answer, refused to appoint any commissioners; whereupon the council of England did renew the complaint in July thereafter; and the business being of new agitated, it was resolved of as before, and that the same should be remitted to the trial of commissioners: the king protesting, 'that he might, with great reason, crave the delivery of Lord Scroope, for the injury committed by his deputy, it being less favourable to take a prisoner, [177] than relieve him that is unlawfully taken; yet, for the continuing of peace, he would forbear to do it, and omit nothing, on his part, that could be desired, either in equity, or by the laws of friendship.'—The borders, in the mean time, making daily incursions one upon another, filled all their parts with trouble, the English being continually put to the worse; neither were they made quiet, till, for satisfying the queen, the laird of Bacleuch was first committed in St. Andrews, and afterwards entered in England, where he remained not long^[159]."—Spottiswood's History of the Church of Scotland, p. 414, 416, Ed. 1677.

Scott of Satchells, in the extraordinary poetical performance, which he has been pleased to entitle A History of the Name of Scott (published 1688), dwells, with great pleasure, upon this gallant achievement, at which, it would seem, his father had been present. He also mentions, that the laird of Buccleuch employed the services of the younger sons and brothers only of his clan, lest the name should have been weakened by the landed men incurring forfeiture. But he adds, that three gentlemen of estate insisted upon attending their chief, notwithstanding this prohibition. These were, the lairds [178] of Harden and Commonside, and Sir Gilbert Elliot of the Stobbs, a relation of the laird of Buccleuch, and ancestor to the present Sir William Elliot, Bart. In many things Satchells agrees with the ballads current in his time, from which, in all probability, he derived most of his information as to past events, and from which he sometimes pirates whole verses, as noticed in the annotations upon the Raid of the Reidswire. In the present instance, he mentions the prisoner's large spurs (alluding to the fetters), and some other little incidents noticed in the ballad, which was, therefore, probably well known in his days.

All contemporary historians unite in extolling the deed itself as the most daring and well-conducted atchievement of that age. "Audax facinus cum modica manu, in urbe maenibus et multitudine oppidanorum munita, et callidae: audaciae, vix ullo obsisti modo potuit."—Johnstoni Historia, Ed. Amstael. p. 215. Birrel, in his gossipping way, says, the exploit was performed "with shouting and crying, and sound of trumpet, puttand the said toun and countrie in sic ane fray, that the like of sic ane wassaladge wes nevir done since the memory of man, no not in Wallace dayis."—Birrel's Diary, April 6, 1596. This good old citizen of Edinburgh also mentions another incident which I think proper to insert here, both as relating to the personages mentioned in the following ballad, and as tending to shew the light in which the men of the border were regarded, even at this late period, by their fellow subjects. The [179] author is talking of the king's return to Edinburgh, after the disgrace which he had sustained there, during the riot excited by the seditious ministers, on December 17, 1596. Proclamation had been made, that the Earl of Mar should keep the West Port, Lord Seton the Nether-Bow, and Buccleuch, with sundry others, the High Gate. "Upon the morn, at this time, and befoir this day, thair wes ane grate rumour and word among the tounesmen, that the kinges M. sould send in Will Kinmond, the common thieffe, and so many southland men as sould spulye the toun of Edinburgh. Upon the whilk, the haill merchants tuik thair haill gear out of their buiths or chops, and transportit the same to the strongest hous that wes in the toune, and remained in the said hous, thair, with thameselfis, thair servants, and luiking for nothing bot that thai sould have been all spulyeit. Sic lyke the hail craftsmen and comons convenit themselfis, thair best guides, as it wer ten or twelve householdes in are, whilk wes the strongest hous, and might be best kepit from spuilyeing or burning, with hagbut, pistolet, and other sic armour, as might best defend thameselfis. Judge, gentill reider, giff this wes playing." The fear of the borderers being thus before the eyes of the contumacious citizens of Edinburgh, James obtained a quiet hearing for one of his favourite orisones, or harangues, and was finally enabled to prescribe terms to his fanatic metropolis. Good discipline was, however, [180] maintained by the chiefs upon this occasion; although the fears of the inhabitants were but too well grounded, considering what had happened in Stirling ten years before, when the Earl of Angus, attended by Home, Buccleuch, and other border chieftains, marched thither to remove the Earl of Arran from the king's councils: the town was miserably pillaged by the borderers, particularly by a party of Armstrongs, under this very Kinmont Willie, who not only made prey of horses and cattle, but even of the very iron grating of the windows.—Johnstoni Historia, p. 102. Ed. Amstael.—Moyse's Memoirs, p. 100.

The renown of Kinmont Willie is not surprising, since, in 1588, the apprehending that freebooter, and Robert Maxwell, natural-brother to the Lord Maxwell, was the main, but unaccomplished, object of a royal expedition to Dumfries. "Rex ... Robertum Maxvallium ... et Gulielmum Armstrangum Kinmonthum latrociniis intestinis externisque famosum, conquiri jubet. Missi e ministerio regio, qui per aspera loca vitabundos persequuntur, magnoque incommodo afficiunt. At illi latebris aut silvis se eripiunt."—Johnstoni Historia, p. 138. About this time, it is possible that Kinmont Willie may have held some connection with the Maxwells, though afterwards a retainer to Buccleuch, the enemy of that tribe. At least, the editor finds, that, in a bond of manrent, granted by Simon Elliot of Whytheuch, in Liddesdale, to Lord Maxwell, styled therein Earl of Morton, dated February 28, 1599, William Armstrang, called Will of Kinmond, [181] appears as a witness.—Syme's MSS. According to Satchells, this freebooter was descended of Johnie Armstrong of Gilnockie (See Ballad, p. 105, of this volume.)—Est in juvencis, est et in equis, patrum virtus. In fact, his rapacity made his very name proverbial. Mas James Melvine, in urging reasons against subscribing the act of supremacy, in 1584, asks ironically, "Who shall take order with vice and wickedness? The court and bishops? As well as Martine Elliot, and Will of Kinmont, with stealing upon the borders!"—Calderwood, p. 168.

This affair of Kinmont Willie was not the only occasion upon which the undaunted keeper of Liddesdale gave offence to the haughty Elizabeth. For, even before this business was settled, certain of the English borderers having invaded Liddesdale, and wasted the country, the laird of Buccleuch retaliated the injury by a raid into England, in which he not only brought off much spoil, but apprehended thirty-six of the Tynedale thieves, all of whom he put to death.—Spottiswoode, p. 450. How highly the Queen of England's resentment blazed on this occasion, may be judged from the preface to her letter to Bowes, then her ambassador in Scotland. "I wonder how base-minded that king thinks me, that, with patience, I can digest this dishonourable ——. Let him know, therefore, that I will have satisfaction, or else ——." These broken words of ire are inserted betwixt the subscription and the address of the letter.—Rymer, [182] Vol. XVI. p. 318. Indeed, so deadly was the resentment of the English, on account of the affronts put upon them by this formidable chieftain, that there seems at one time to have been a plan formed (not, as was alleged, without Elizabeth's privity,) to assassinate Buccleuch.—Rymer, Vol. XVI. p. 107. The matter was at length arranged by the commissioners of both nations in Berwick, by whom it was agreed that delinquents should be delivered up on both sides, and that the chiefs themselves should enter into ward in the opposite countries, till these were given up, and pledges granted for the future maintenance of the quiet of the borders. Buccleuch, and Sir Robert Ker of Cessford (ancestor of the Duke of Roxburgh), appear to have struggled hard against complying with this regulation; so much so, that it required all James's authority to bring to order these two powerful chiefs.—Rymer, Vol. XVI. p. 322.—Spottiswoode, p. 448.—Carey's Memoirs, p, 131. et sequen.—When at length they appeared, for the purpose of delivering themselves up to be warded at Berwick, an incident took place, which nearly occasioned a revival of the deadly feud which formerly subsisted between the Scots and the Kers. Buccleuch had chosen, for his guardian, during his residence in England, Sir William Selby, master of the ordnance at Berwick, and accordingly gave himself into his hands. Sir Robert Ker was about to do the same, when a pistol was discharged by one of his retinue, and the cry of treason was raised. Had not the Earl of Home been present, with a party of Merse [183] men, to preserve order, a dreadful tumult would probably have ensued. As it was, the English commissioners returned in dismay to Berwick, much disposed to wreak their displeasure on Buccleuch; and he, on his side, mortally offended with Cessford, by whose means, as he conceived, he had been placed in circumstances of so much danger. Sir Robert Ker, however, appeased all parties, by delivering himself up to ward in England; on which occasion, he magnanimously chose for his guardian Sir Robert Carey, deputy-warden of the east marches, notwithstanding various causes of animosity which existed betwixt them. The hospitality of Carey equalled the generous confidence of Cessford, and a firm friendship was the consequence^[160].

Buccleuch appears to have remained in England from October, 1597, till February, 1598.—Johnstoni Historia, p. 231,—Spottiswoode, ut supra. According to ancient family tradition, Buccleuch was presented to Elizabeth, who, with her usual rough and peremptory address, demanded of him, "how he dared to undertake an enterprize so desperate and presumptuous." "What is it," answered the undaunted chieftain, "What is it that a man dares not do!" Elizabeth, struck with the reply, turned to a lord in waiting; "With ten thousand such men," said she, "our brother of Scotland might shake the firmest throne of Europe." Luckily, perhaps, for the murtheress of Queen Mary, James's talents did not lie that way.

The articles, settled by the commissioners at Berwick, were highly favourable to the peace of the border. They may be seen at large in the Border Laws, p. 103. By article sixth, all wardens and keepers are discharged from seeking reparation of injuries, in the [185] ancient hostile mode of riding, or causing to ride, in warlike manner, against the opposite march; and that under the highest penalty, unless authorized by a warrant under the hand of their sovereign. The mention of the word keeper, alludes obviously to the above-mentioned reprisals, made by Buccleuch in the capacity of keeper of Liddesdale.

This ballad is preserved, by tradition, on the west borders, but much mangled by reciters; so that some conjectural emendations have been absolutely necessary to render it intelligible. In particular, the Eden has been substituted for the Eske, p. 193, the latter name being inconsistent with geography.

KINMONT WILLIE.

NOTES ON KINMONT WILLIE.

Hairibee is the place of execution at Carlisle.

The Liddel-rack is a ford on the Liddel.

Woodhouselee; a house on the border, belonging to Buccleuch.

The Salkeldes, or Sakeldes, were a powerful family in Cumberland, possessing, among other manors, that of Corby, before it came into the possession of the Howards, in the beginning of the seventeenth century. A strange stratagem was practised by an outlaw, called Jock Grame of the Peartree, upon Mr. Salkelde, sheriff of Cumberland; who is probably the person alluded to in the ballad, as the fact is stated to have happened late in Elizabeth's time. The brother of this [197] freebooter was lying in Carlisle jail for execution, when Jock of the Peartree came riding past the gate of Corby castle. A child of the sheriff was playing before the door, to whom the outlaw gave an apple, saying, "Master, will you ride?" The boy willingly consenting, Grame took him up before him, carried him into Scotland, and would never part with him, till he had his brother safe from the gallows. There is no historical ground for supposing, either that Salkelde, or any one else, lost his life in the raid of Carlisle.

In the list of border clans, 1597, Will of Kinmonth, with Kyrstie Armestrange, and John Skynbanke, are mentioned as leaders of a band of Armstrongs, called Sandies Barnes, inhabiting the Debateable Land. The ballad itself has never before been published.

DICK O' THE COW.

This ballad, and the two which immediately follow it in the collection, were published, 1784, in the Hawick Museum, a provincial miscellany, to which they were communicated by John Elliot, Esq. of Reidheugh, a gentleman well skilled in the antiquities of the western border, and to whose friendly assistance the editor is indebted for many valuable communications.

These ballads are connected with each other, and appear to have been composed by the same author. The actors seem to have flourished, while Thomas, Lord Scroope, of Bolton, was warden of the west marches of England, and governor of Carlisle castle; which offices he acquired upon the death of his father, about 1590; and retained it till the union of the crowns.

Dick of the Cow, from the privileged insolence which he assumes, seems to have been Lord Scroope's jester. In the preliminary dissertation, the reader will find the border custom of assuming noms de guerre particularly noticed. It is exemplified in [199] the following ballad, where one Armstrong is called the Laird's Jock (i.e. the laird's son Jock), another Fair Johnie, a third Billie Willie (brother Willie), &c. The Laird's Jock, son to the laird of Mangerton, appears, as one of the men of name in Liddesdale, in the list of border clans, 1597.

Dick of the Cow is erroneously supposed to have been the same with one Ricardus Coldall, de Plumpton, a knight and celebrated warrior, who died in 1462, as appears from his epitaph in the church of Penrith.—Nicolson's History of Westmoreland and Cumberland, Vol. II. p. 408.

This ballad is very popular in Liddesdale; and the reciter always adds, at the conclusion, that poor Dickie's cautious removal to Burgh under Stanemore, did not save him from the clutches of the Armstrongs; for that, having fallen into their power several years after this exploit, he was put to an inhuman death. The ballad was well known in England, so early as 1556. An allusion to it likewise occurs in Parrot's Laquei Ridiculosi, or Springes for Woodcocks; London, 1613.

DICK O' THE COW.