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

PART FIRST.

HISTORICAL BALLADS.

Sir Patrick Spens,

Auld Maitland,

Battle of Otterbourne,

The Sang of the Outlaw Murray,

Johnie Armstrang,

The Lochmaben Harper,

Jamie Telfer of the Fair Dodhead,

The Raid of the Reidswire,

Kinmont Willie,

Dick o'the Cow,

Jock o'the Side,

Hobbie Noble,

Archie of Ca'field,

Armstrong's Goodnight,

The Fray of Suport,

Lord Maxwell's Goodnight,

The Lads of Wamphray,



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, 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 [Sidenote: 570] any idea of conflicts more desperate, than were 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]."

[Footnote 1: In the spirited translation of this poem, by Jones, the following verses are highly descriptive of the exhausted state of the victor army.

At Madoc's tent the clarion sounds, With rapid clangour hurried far: Each echoing dell the note resounds— But when return the sons of war! Thou, born of stern necessity, Dull peace! the desert yields to thee, And owns thy melancholy sway.

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, 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, during the reign of the [Sidenote: 1249] 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. [Sidenote: 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 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 [Sidenote: 1453] his fate to the issue of a battle. The border chiefs, who longed for independence, shewed little [Sidenote: 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 [Sidenote: 1457] attempt, on the east borders, by "the Percy and the Douglas, both together," was equally unsuccessful. The earl, grown old in exile, longed once more to see his native country, and vowed, that, [Sidenote: 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, 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: 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.

[Footnote 2: At the battle of Arkinholme, the Earl of Angus, a near kinsman of Douglas, commanded the royal forces; and the difference of their complexion occasioned the saying, "that the Black Douglas had put down the Red." The Maxwells, the Johnstones, and the Scotts, composed his army. Archibald, earl of Murray, brother to Douglas, was slain in the action; and Hugh, Earl of Ormond, his second brother, was taken and executed. His captors, Lord Carlisle, and the Baron of Johnstone, were rewarded with a grant of the lands of Pittinane, upon Clyde.—Godscroft, Vol. I. p. 375.—Balfour's MS. in the Advocates' Library, Edinburgh.—Abercrombie's Achievements, Vol. II. p. 361. folio Ed.—The other chiefs were also distinguished by royal favour. By a charter, upon record, dated 25th February, 1458, the king grants to Walter Scott of Kirkurd, ancestor of the house of Buccleuch, the lands of Abingtown, Phareholm, and Glentonan craig, in Lanarkshire.

"Pro suo fideli servitio nobis impenso et pro quod interfuit in conflictu de Arkenholme in occisione et captione nostrorum rebellium quondam Archibaldi et Hugonis de Douglas olim comitum Moraviae et de Ormond et aliorum rebellium nostrorum in eorum comitiva existen: ibidem captorum et interfectorum."

Similar grants of land were made to Finnart and Arran, the two branches of the house of Hamilton; to the chiefs of the Battisons; but, above all, to the Earl of Angus who obtained from royal favour a donation of the Lordship of Douglas, and many other lands, now held by Lord Douglas, as his representative. There appears, however, to be some doubt, whether, in this division, the Earl of Angus received more than his natural right. Our historians, indeed, say, that William I. Earl of Douglas, had three sons; 1. James, the 2d Earl, who died in the field of Otterburn; 2. Archibald, the Grim, 3d Earl; and 3. George, in right of his mother, earl of Angus. Whether, however, this Archibald was actually the son of William, seems very doubtful; and Sir David Dalrymple has strenuously maintained the contrary. Now, if Archibald, the Grim, intruded into the earldom of Douglas, without being a son of that family, it follows that the house of Angus, being kept out of their just rights for more than a century, were only restored to them after the battle of Arkinholme. Perhaps, this may help to account for the eager interest taken by the earl of Angus against his kinsman.—Remarks on History of Scotland, Edinburgh, 1773. p. 121.]

[Footnote 3: A grant of the king, dated 2d October, 1484, bestowed upon Kirkpatrick, for this acceptable service, the lands of Kirkmichael.]

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 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, [Sidenote: 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 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 height, whence the elder branch of their family had been hurled.

[Footnote 4: Spens of Kilspindie, a renowned cavalier, had been present in court, when the Earl of Angus was highly praised for strength and valour. "It may be," answered Spens, "if all be good that is upcome;" insinuating, that the courage of the earl might not answer the promise of his person. Shortly after, Angus, while hawking near Borthwick, with a single attendant, met Kilspindie. "What reason had ye," said the earl, "for making question of my manhood? thou art a tall fellow, and so am I; and by St. Bride of Douglas, one of us shall pay for it!"—"Since it may be no better," answered Kilspindie, "I will defend myself against the best earl in Scotland." With these words they encountered fiercely, till Angus, with one blow, severed the thigh of his antagonist, who died upon the spot. The earl then addressed the attendant of Kilspindie: "Go thy way: tell my gossip, the king, that here was nothing but fair play. I know my gossip will be offended; but I will get me into Liddisdale, and remain in my castle of the Hermitage till his anger be abated."—Godscroft, Vol. II. p. 59. The price of the earl's pardon seems to have been the exchange mentioned in the text. Bothwell is now the residence of Lord Douglas. The sword, with which Archibald, Bell-the-Cat, slew Spens, was, by his descendant, the famous Earl of Morton, presented to Lord Lindsay of the Byres, when, about to engage in single combat with Bothwell, at Carberry-hill—Godscroft, Vol. II. p. 175.]

Nor did James fail in affording his subjects on the marches marks of his royal justice and protection. [Sidenote: 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 experienced counsellors, were alike unable to subdue in James the blazing zeal of romantic chivalry. The monarch, and the flower of his nobles, [Sidenote: 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 [Sidenote: 1516] despicable. It was in vain that he inveigled 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 [Sidenote: 1517] the delegate of the very man, who had brought that baron to the scaffold. A stratagem, contrived by 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].

[Footnote 5: The statute 1594, cap. 231, ascribes the disorders on the border in a great measure to the "counselles, directions, receipt, and partaking, of chieftains principalles of the branches, and househalders of the saides surnames, and clannes, quhilkis bears quarrel, and seeks revenge for the least hurting or slauchter of ony ane of their unhappy race, although it were ardour of justice, or in rescuing and following of trew mens geares stollen or reft."]

[Footnote 6: This tragedy, or, perhaps, the preceding execution of Lord Home, must have been the subject of the song, the first two lines of which are preserved in the Complaynt of Scotland;

God sen' the Duc hed byddin in France, And de la Baute had never come hame.

P, 100, Edin. 1801.]

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 [Sidenote: 1520] border. He was routed by these clans, at Kelso, and afterwards in a sharp skirmish, fought betwixt his faction and that of Angus, in the high-street of the metropolis[7].

[Footnote 7: The particulars of this encounter are interesting. The Hamiltons were the most numerous party, drawn chiefly from the western counties. Their leaders met in the palace of Archbishop Beaton, and resolved to apprehend Angus, who was come to the city to attend the convention of estates. Gawain Douglas, bishop of Dunkeld, a near relation of Angus, in vain endeavoured to mediate betwixt the factions. He appealed to Beaton, and invoked his assistance to prevent bloodshed. "On my conscience," answered the archbishop, "I cannot help what is to happen." As he laid his hand upon his breast, at this solemn declaration, the hauberk, concealed by his rocket, was heard to clatter: "Ah! my lord!" retorted Douglas, "your conscience sounds hollow." He then expostulated with the secular leaders, and Sir Patrick Hamilton, brother to Arran, was convinced by his remonstrances; but Sir James, the natural son of the earl, upbraided his uncle with reluctance to fight. "False bastard!" answered Sir Patrick, "I will fight to day where thou darest not be seen." With these words they rushed tumultuously towards the high-street, where Angus, with the prior of Coldinghame, and the redoubted Wedderburn, waited their assault, at the head of 400 spearmen, the flower of the east marches, who, having broke down the gate of the Netherbow, had arrived just in time to the earl's assistance. The advantage of the ground, and the disorder of the Hamiltons, soon gave the day to Angus. Sir Patrick Hamilton, and the master of Montgomery, were slain. Arran, and Sir James Hamilton, escaped with difficulty; and with no less difficulty was the military prelate of Glasgow rescued from the ferocious borderers, by the generous interposition of Gawain Douglas. The skirmish was long remembered in Edinburgh, by the name of "Cleanse the Causeway."—Pinkerton's History, Vol. II. p. 181.—Pitscottie Edit. 1728. p. 120.—Life of Gawain Douglas, prefixed to his Virgil.]

The return of the regent was followed by the banishment of Angus, and by a desultory warfare 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 [Sidenote: 1523] men, and the hottest, that ever I saw any nation[8]."

[Footnote 8: A curious letter from Surrey to the king is printed in the Appendix, No. I.]

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 forest[9].—

[Footnote 9: In a letter to the Duke of Norfolk, October 1524, Queen Margaret says, "Sen that the Lard of Sessford and the Lard of Baclw vas put in the castell of Edinbrouh, the Erl of Lenness hath past hyz vay vythout lycyens, and in despyt; and thynkyth to make the brek that he may, and to solyst other lordis to tak hyz part; for the said lard of Bavkl wvas hyz man, and dyd the gretyst ewelyz that myght be dwn, and twk part playnly vyth theasyz as is well known."—Cot. MSS. Calig. B.I.]

This chief, with Kerr of Cessford, was committed to ward, from which they escaped, to join [Sidenote: 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 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 [Sidenote: 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 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; 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.

[Footnote 10: Near Darnick. By a corruption from Skirmish field, the spot is still called the Skinnerfield. Two lines of an old ballad on the subject are still preserved:

"There were sick belts and blows, The Mattous burn ran blood."

[Footnote 11: Buccleuch contrived to escape forfeiture, a doom pronounced against those nobles, who assisted the Earl of Lennox, in a subsequent attempt to deliver the king, by force of arms. "The laird of Bukcleugh has a respecte, and is not forfeited; and will get his pece, and was in Leithquo, both Sondaye, Mondaye, and Tewisday last, which is grete displeasure to the Carres."—Letter from Sir C. Dacre to Lord Dacre, 2d December, 1526.]

[Sidenote: 1528] Stratagem at length effected what force had been unable to accomplish; and the king, emancipated from the iron tutelage of Angus, made the 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 Earl of Argyle is bound to ride From the border of Edgebucklin brae[13]; And all his habergeons him beside, Each man upon a sonk of strae.

They made their vow that they would slay—

Godscroft, v. 2. p. 104. Ed. 1743.

[Footnote 12: "To ding down Tantallon, and make a bridge to the Bass," was an adage expressive of impossibility. The shattered ruins of this celebrated fortress still overhang a tremendous rock on the coast of East Lothian.]

[Footnote 13: Edgebucklin, near Musselburgh.]

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.

[Footnote 14: I allude to the affecting story of Douglas of Kilspindie, uncle to the Earl of Angus. This gentleman had been placed by Angus about the king's person, who, when a boy, loved him much, on account of his singular activity of body, and was wont to call him his Graysteil, after a champion of chivalry, in the romance of Sir Eger and Sir Grime. He shared, however, the fate of his chief, and, for many years, served in France. Weary, at length, of exile, the aged warrior, recollecting the king's personal attachment to him, resolved to throw himself on his clemency. As James returned from hunting in the park at Stirling, he saw a person at a distance, and, turning to his nobles, exclaimed, "Yonder is my Graysteil, Archibald of Kilspindie!" As he approached, Douglas threw himself on his knees, and implored permission to lead an obscure life in his native land. But the name of Douglas was an amulet, which steeled the king's heart against the influence of compassion and juvenile recollection. He passed the suppliant without an answer, and rode briskly up the steep hill, towards the castle. Kilspindie, though loaded with a hauberk under his cloaths, kept pace with the horse, in vain endeavouring to catch a glance from the implacable monarch. He sat down at the gate, weary and exhausted, and asked for a draught of water. Even this was refused by the royal attendants. The king afterwards blamed their discourtesy; but Kilspindie was obliged to return to France, where he died of a broken heart; the same disease which afterwards brought to the grave his unrelenting sovereign. Even the stern Henry VIII. blamed his nephew's conduct, quoting the generous saying "A king's face should give grace."—Godscroft, Vol. II. P. 107.]

While these transactions, by which the fate of Scotland was influenced, were passing upon the eastern border, the Lord Maxwell seems to have 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, [Sidenote: 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 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 [Sidenote: 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 they had gone in the hounds of Fife." Pitscottie, p. 153.

A breach with England interrupted the tranquillity [Sidenote: 1532] 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, [Sidenote: 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 [Sidenote: 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 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 [Sidenote: 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 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 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, [Sidenote: 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 [Sidenote: 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].

[Footnote 15: In Haynes' State Papers, from p. 43 to p. 64, is an account of these destructive forays. One list of the places burned and destroyed enumerates—

Monasteries and Freehouses .... 7 Castles, towres, and piles .... 16 Market townes ................. 5 Villages ...................... 243 Mylnes ........................ 13 Spytells and hospitals ........ 3

See also official accounts of these expeditions, in Dalyell's Fragments.]

[Footnote 16: Patten gives us a list of those east border chiefs who did homage to the Duke of Somerset, on the 24th of September, 1547; namely, the lairds of Cessfoorth, Fernyherst, Grenehed, Hunthill, Hundely, Makerstone, Bymerside, Bounjedworth, Ormeston, Mellestains, Warmesay, Synton, Egerston, Merton, Mowe, Rydell, Beamerside. Of gentlemen, he enumerates George Tromboul, Jhon Haliburton, Robert Car, Robert Car of Greyden, Adam Kirton, Andrew Mether, Saunders Purvose of Erleston, Mark Car of Littledean, George Car of Faldenside, Alexander Mackdowal, Charles Rutherford, Thomas Car of the Yere, Jhon Car of Meynthorn (Nenthorn), Walter Holiburton, Richard Hangansyde, Andrew Car, James Douglas of Cavers, James Car of Mersington, George Hoppringle, William Ormeston of Edmerden, John Grymslowe.—Patten, in Dalyell's Fragments, p. 87.

On the west border, the following barons and clans submitted and gave pledges to Lord Wharton, that they would serve the king of England, with the number of followers annexed to their names.

ANNERDALE. NITHSDALE.

Laird of Kirkmighel .......... 222 Mr Maxwell and more ........ 1000 Rose ................ 165 Laird of Closeburn ......... 403 Hempsfield .......... 163 Lag ............... 202 Home Ends ........... 162 Cransfield ........ 27 Wamfrey ............. 102 Mr Ed. Creighton ........... 10 Dunwoddy ............ 44 Laird of Cowhill ........... 91 Laird of Newby and Gratney .. 122 Maxwells of Brackenside, Tinnel (Tinwald) .... 102 and vicar of Carlaverick .. 310 Patrick Murray .............. 203 ANNERDALE AND GALWAY. Christie Urwin (Irving) of Lord Carlisle .............. 101 Coveshawe ............ 102 ANNERDALE AND CLIDSDALE Cuthbert Urwen of Robbgill .. 34 Laird of Applegirth ........ 242 Urwens of Sennersack ......... 40 LIDDESDALE AND DEBATEABLE Wat Urwen .................... 20 LAND. Jeffrey Urwen ................ 93 Armstrongs ................. 300 T. Johnston of Crackburn .... 64 Elwoods (Elliots) .......... 74 James Johnston of Coites .... 162 Nixons ..................... 32 Johnstons of Graggyland ..... 37 GALLOWAY Johnstons of Driesdell ...... 46 Laird of Dawbaylie ......... 41 Johnstons of Malinshaw ...... 65 Orcherton .................. 111 Gawen Johnston .............. 31 Carlisle ................... 206 Will Johnston, the laird's Loughenwar ................. 45 brother ................... 110 Tutor of Bumbie ............ 140 Robin Johnston of Abbot of Newabbey .......... 141 Lochmaben .................. 67 Town of Dumfries ........... 201 Lard of Gillersbie ............ 30 Town of Kircubrie .......... 36 Moffits ....................... 24 TIVIDALE. Bells of Tostints ............ 142 Laird of Drumlire .......... 364 Bells of Tindills ............ 222 Caruthers .................. 71 Sir John Lawson ............... 32 Trumbells .................. 12 Town of Annan ................ 33 ESKDALE. Roomes of Tordephe ........... 32 Battisons and Thomsons ..... 166

Total 7008 men under English assurance.

Nicolson, from Bell's MS. Introduction to History of Cumberland, p. 65.]



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 this horrible warfare, from the memoirs of Beauge, 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 followers are accused of such excesses of lust and cruelty "as would," says Beauge, "have made to tremble the most savage moor in Africa." A band of Frenchmen, with the laird of Fairnihirst, and [Sidenote: 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 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 Beauge, 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 Beauge.

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]. [Sidenote: 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].

[Footnote 17: These were the lairds of Buccleuch, Cessford, and Fairnihirst, Littleden, Grenehed, and Coldingknows. Buccleuch, whose gallant exploits we have noticed, did not long enjoy his new honours. He was murdered, in the streets of Edinburgh, by his hereditary enemies, the Kerrs, anno 1552.]

[Footnote 18: The jest of James VI. is well known, who, when a favourite cow had found her way from London, back to her native country of Fife, observed, "that nothing surprised him so much as her passing uninterrupted through the Debateable Land!"]

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.

[Footnote 19: He was lord of Liddesdale, and keeper of the Hermitage castle. But he had little effective power over that country, and was twice defeated by the Armstrongs, its lawless inhabitants.—Border History, p. 584. Yet the unfortunate Mary, in her famous Apology, says, "that in the weiris againis Ingland, he gaif proof of his vailyentnes, courage, and gude conduct;" and praises him especially for subjugating "the rebellious subjectis inhabiting the cuntreis lying ewest the marches of Ingland."—Keith, p. 388. He appears actually to have defeated Sir Henry Percy, in a skirmish, called the Raid of Haltweilswire.]

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 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].

[Footnote 20: This nobleman had, shortly before, threatened to spoil the English east march; "but," says the Duke of Norfolk, "we have provided such sauce for him, that I think he will not deal in such matter; but, if he do fire but one hay-goff, he shall not go to Home again without torch-light, and, peradventure, may find a lanthorn at his own house."]

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 Border Laws, p. 84.) adopted various regulations, which were attended with great advantage to the marches[21].

[Footnote 21: The commissioners on the English side were, the elder Lord Scroope of Bolton, Sir John Foster, Sir Thomas Gargrave, and Dr. Rookby. On the Scottish side appeared, Sir John Maxwell of Terreagles, and Sir John Ballenden.]

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 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 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.

[Footnote 22: The Queen's Mire is still a pass of danger, exhibiting, in many places, the bones of the horses which have been entangled in it. For what reason the queen chose to enter Liddesdale by the circuitous route of Hawick, does not appear. There are two other passes from Jedburgh to Hermitage castle; the one by the Note of the Gate, the other over the mountain, called Winburgh. Either of these, but especially the latter, is several miles shorter than that by Hawick, and the Queen's Mire. But, by the circuitous way of Hawick, the queen could traverse the districts of more friendly clans, than by going directly into the disorderly province of Liddesdale.]

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 and Herries[23]. But the defeat at Langside was a death-blow to her interest in Scotland.

[Footnote 23: The followers of these barons are said to have stolen the horses of their friends, while they were engaged in the battle.]

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 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 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 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 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 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.

[Footnote 24: This building still remains, in the unfinished state which it then presented.]

[Footnote 25: Birrel says, that "the regent was shot by an unhappy fellow, while sitting on horseback behind the laird of Buccleuch."—The following curious account of the whole transaction is extracted from a journal of principal events, in the years 1570, 1571, 1572, and part of 1573, kept by Richard Bannatyne, amanuensis to John Knox. The fourt of September, they of Edinburgh, horsemen and futmen (and, as was reported, the most part of Clidisdaill, that perteinit to the Hamiltons), come to Striveling, the number of iii or iiii c men, in hors bak, guydit be ane George Bell, their hacbutteris being all horsed, enterit in Striveling, be fyve houris in the morning (whair thair was never one to mak watche), crying this slogane, 'God and the quene! ane Hamiltoun think on the bishop of St. Androis, all is owres;' and so a certaine come to everie grit manis ludgene, and apprehendit the Lordis Mortoun and Glencarne; but Mortounis hous they set on fyre, wha randerit him to the laird of Balcleuch. Wormestoun being appointed to the regentes hous, desyred him to cum furth, which he had no will to doe, yet, be perswasione of Garleys and otheris, with him, tho't it best to come in will, nor to byde the extremitie, becaus they supposed there was no resistance, and swa the regent come furth, and was randered to Wormestoun, under promeis to save his lyfe. Captane Crawfurde, being in the town, gat sum men out of the castell, and uther gentlemen being in the town, come as they my't best to the geat, chased them out of the town. The regent was schot be ane Captain Cader, wha confessed, that he did it at comande of George Bell, wha was comandit so to doe be the Lord Huntlie and Claud Hamilton. Some sayis, that Wormestoun was schot by the same schot that slew the regent, but alwayis he was slane, notwithstanding the regent cryed to save him, but it culd not be, the furie was so grit of the presewaris, who, following so fast, the lord of Mortone said to Balcleuch, 'I sall save you as ye savit me,' and so he was tane. Garleys, and sindrie otheris, war slane at the port, in the persute of thame. Thair war ten or twelve gentlemen slane of the kingis folk, and als mony of theiris, or mea, as was said, and a dosone or xvi tane. Twa especiall servantis of the Lord Argyle's were slane also. This Cader, that schot the regent, was once turned bak off the toune, and was send again (as is said), be the Lord Huntlie, to cause Wormistoun retire; but, before he come agane, he was dispatched, and had gottin deidis woundis.

The regent being schot (as said is), was brought to the castell, whair he callit for ane phisitione, one for his soule, ane uther for his bodie. But all hope of life was past, for he was schot in his entreallis; and swa, after sumthingis spokin to the lordis, which I know not, he departed, in the feare of God, and made a blessed end; whilk the rest of the lordis, that tho't thame to his hiert, and lytle reguardit him, shall not mak so blised ane end, unles they mend thair maneris.

This curious manuscript has been lately published, under the inspection of John Graham Dalyell, Esq.]

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, 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 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. 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.

[Footnote 26: A rude sort of guillotine, called the maiden. The implement is now in possession of the Society of Scottish Antiquaries.]

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 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].

[Footnote 27: The associated nobles seem to have owed their success chiefly to the border spearmen; for, though they had a band of mercenaries, who used fire arms, yet they were such bad masters of their craft, their captain was heard to observe, "that those, who knew his soldiers as well as he did, would hardly chuse to march before them."—Godscroft, v. ii. p. 368.]

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 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 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 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 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].

[Footnote 28: Spottiswoode says, the king awaited this charge with firmness; but Birrell avers, that he fled upon the gallop. The same author, instead of the firm deportment of James, when seized by Bothwell, describes "the king's majestie as flying down the back stair, with his breeches in his hand, in great fear."—Birrell, apud Dalyell, p. 30. Such is the difference betwixt the narrative of the courtly archbishop, and that of the presbyterian burgess of Edinburgh.]

[Footnote 29: This rencounter took place at Humbie, in East Lothian. Bothwell was attended by a servant, called Gibson, and Cessford by one of the Rutherfords, who was hurt in the cheek. The combatant parted from pure fatigue.]

[Footnote 30: Sir Walter Raleigh, in writing of Essex, then in prison, says, "Let the queen hold Bothwell while she hath him."—Murdin, Vol. II. p. 812. It appears, from Crichton's Memoirs, that Bothwell's grandson, though so nearly related to the royal family, actually rode a private in the Scottish horse guards, in the reign of Charles II.—Edinburgh, 1731, p. 43.]

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 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].

[Footnote 31: "Proclamation shall be made, that all inhabiting within Tynedale and Riddesdale, in Northumberland, Bewcastledale, Willgavey, the north part of Gilsland, Esk, and Leven, in Cumberland; east and west Tividale, Liddesdale, Eskdale, Ewsdale, and Annesdale, in Scotland (saving noblemen Footnote: and gentlemen unsuspected of felony and theft, and not being of broken clans, and their household servants, dwelling within those several places, before recited), shall put away all armour and weapons, as well offensive as defensive, as jacks, spears, lances, swords, daggers, steel-caps, hack-buts, pistols, plate sleeves, and such like; and shall not keep any horse, gelding, or mare, above the value of fifty shillings sterling, or thirty pounds Scots, upon the like paid of imprisonment."—Proceedings of the Border Commissioners, 1505.—Introduction to History of Cumberland, p. 127.]

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 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].

[Footnote 32: See the acts 18 Cha. II. 6.3. and 80 Cha. II. ch. 2. against the border moss-troopers; to which we may add the following curious extracts from Mercurius Politicus, a newspaper, published during the usurpation.

"Thursday, November 11, 1662.

"Edinburgh.—The Scotts and moss-troopers have again revived their old custom, of robbing and murdering the English, whether soldiers or other, upon all opportunities, within these three weeks. We have had notice of several robberies and murders, committed by them. Among the rest, a lieutenant, and one other of Col. Overton's regiment, returning from England, were robbed not far from Dunbarr. A lieutenant, lately master of the customs at Kirkcudbright, was killed about twenty miles from this place; and four foot soldiers of Colonel Overton's were killed, going to their quarters, by some mossers, who, after they had given them quarter, tied their hands behind them, and then threw them down a steep hill, or rock, as it was related by a Scotchman, who was with them, but escaped."

Ibidem.—"October 13, 1663.—The Parliament, October 21, past an act, declaring, any person that shall discover any felon, or felons (commonly called, or known, by the name of moss-troopers), residing upon the borders of England and Scotland, shall have a reward of ten pound upon their conviction."]

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 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 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].

[Footnote 33: The armorial bearings, adopted by many of the border tribes, shew how little they were ashamed of their trade of rapine. Like Falstaff, they were "Gentlemen of the night, minions of the moon," under whose countenance they committed their depredations.—Hence, the emblematic moons and stars, so frequently charged in the arms of border families. Their mottoes, also, bear allusion to their profession.—"Reparabit cornua Phaebe," i.e. "We'll have moon-light again," is that of the family of Harden. "Ye shall want, ere I want," that of Cranstoun, &c.]

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:

On that border was the Armstrongs, able men; Somewhat unruly, and very ill to tame. I would have none think that I call them thieves, For, if I did, it would be arrant lies.

Near a border frontier, in the time of war, There's ne'er a man but he's a freebooter.

* * * * *

Because to all men it may appear, The freebooter he is a volunteer; In the muster rolls he has no desire to stay; He lives by purchase, he gets no pay.

* * * * *

It's most clear a freebooter doth live in hazard's train; A freebooter's a cavalier that ventures life for gain: But, since King James the Sixth to England went, Ther has been no cause of grief; And he that hath transgress'd since then, Is no Freebooter, but a Thief.

History of the name of Scott.

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,—

War God that I were sound and haill, Now liftit into Liddesdail; The Mers sowld fynd me beiff and caill, What rack of breid?

War I thair lyftit with my lyfe, The devill sowld styk me with a knyffe, An' ever I cum agane in Fyfe, Till I were deid.—

Pinkerton's Scotish Poems, Vol. II p. 180.

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

The widdefow wardanis tuik my geir, And left me nowthir horse nor meir, Nor erdly gud that me belangit; Now, walloway! I mon be hangit.

* * * * *

Adew! my bruthir Annan thieves, That holpit me in my mischevis: Adew! Grossars, Niksonis, and Bells, Oft have we fairne owthreuch the fells: Adew! Robsons, Howis, and Pylis, That in our craft hes mony wilis: Littlis, Trumbells, and Armestranges; Adew! all theeves, that me belangis; Baileowes, Erewynis, and Elwandis, Speedy of flicht, and slicht of handis: The Scotts of Eisdale, and the Gramis, I half na time to tell your namis.

Ib. p. 156.

When Common Thift is executed (which is performed upon the stage), Falset (Falsehood), who is also brought forth for punishment, pronounces over him the following eulogy:

Waes me for thee, gude Common Thift! Was never man made more honest chift, His living for to win: Thair wes not, in all Liddesdail, That ky mair craftelly could steil, Whar thou hingis on that pin!

Ib. p. 194.

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 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.

[Footnote 34: By act 1587, c. 96, borderers are expelled from the inland counties, unless they can find security for their quiet deportment.]

"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 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].

[Footnote 35: The following tradition is also illustrative of Lesley's account. Veitch of Dawyk, a man of great strength and bravery who flourished in the 16th century, was upon bad terms with a neighbouring proprietor, Tweedie of Drummelziar. By some accident, a flock of Dawyk's sheep had strayed over into Drummelziar's grounds, at the time when Dickie of the Den, a Liddesdale outlaw, was making his rounds in Tweeddale. Seeing this flock of sheep; he drove them off without ceremony. Next morning, Veitch, perceiving his loss, summoned his servants and retainers, laid a blood-hound upon the traces of the robber, by whom they were guided for many miles, till, on the banks of Liddel, he staid upon a very large hay-stack. The pursuers were a good deal surprised at the obstinate pause of the blood-hound, till Dawyk pulled down some of the hay, and discovered a large excavation, containing the robbers and their spoil. He instantly flew upon Dickie, and was about to poniard him, when the marauder, with the address noticed by Lesley, protested that he would never have touched a cloot (hoof) of them, had he not taken them for Drummelziar's property. This dexterous appeal to Veitch's passions saved the life of the freebooter.]

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, 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 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].

[Footnote 36: This practice of the marchmen was observed and reprobated by Patten. "Anoother maner have they (the English borderers) amoong them, of wearyng handkerchers roll'd about their armes, and letters brouder'd (embroidered) upon their cappes: they said themselves, the use thearof was that ech of them might knowe his fellowe, and thearbye the sooner assemble, or in nede to ayd one another, and such lyke respectes; howbeit, thear wear of the army amoong us (sum suspicious men perchaunce), that thought thei used them for collusion, and rather bycaus thei might be knowen to the enemie, as the enemies are knowen to them (for thei have their markes too), and so in conflict either ech to spare oother, or gently eche to take oother. Indede men have been mooved the rather to thinke so, bycaus sum of their crosses (the English red cross) were so narrowe, and so singly set on, that a puff of wynde might blowed them from their breastes, and that thei wear found right often talking with the Skottish prikkers within less than their gad's (spears) length asunder; and when thei perceived thei had been espied, thei have begun one to run at anoother, but so apparently perlassent (in parley), as the lookers on resembled their chasyng lyke the running at base in an uplondish toun, whear the match is made for a quart of good ale, or like the play in Robin Cookes scole (a fencing school), whear, bycaus the punies may lerne, thei strike fewe strokes but by assent and appointment. I hard sum men say, it did mooch augment their suspicion that wey, bycaus at the battail they sawe these prikkers so badly demean them, more intending the taking of prisoners, than the surety of victorye; for while oother men fought, thei fell to their prey; that as thear wear but fewe of them but brought home his prisoner, so wear thear many that had six or seven."—Patten's Account of Somerset's Expedition, apud Dalyell's Fragments, p. 76.

It is singular that, about this very period, the same circumstances are severely animadverted upon by the strenuous Scottishman, who wrote the Complaynt of Scotland, as well as by the English author above quoted. "There is nothing that is occasione of your adhering to the opinion of Ingland contrair your natife cuntre, bot the grit familiarite that Inglis men and Scottes hes had on baitht the boirdours, ilk are witht utheris, in merchandeis, in selling and buying hors and nolt, and scheip, outfang and infang, ilk are amang utheris, the whilk familiarite is express contrar the lauis and consuetudis bayth of Ingland and Scotland. In auld tymis it was determit in the artiklis of the pace, be the twa wardanis of the boirdours of Ingland and Scotland, that there suld be na familiarite betwix Scottis men and Inglis men, nor marriage to be contrakit betwix them, nor conventions on holydais at gammis and plays, nor merchandres to be maid amang them, nor Scottis men till enter on Inglis grond, witht out the king of Ingland's save conduct, nor Inglis men til enter on Scottis grond witht out the King of Scotland's save conduct, howbeit that ther war sure pace betwix the twa realmes. Bot thir sevyn yeir bygane, thai statutis and artiklis of the pace are adnullit, for ther hes been as grit familiarite, and conventions, and makyng of merchandreis, on the boirdours, this lang tyme betwix Inglis men and Scottis men, baytht in pace and weir, as Scottismen usis amang theme selfis witht in the realme of Scotland: and sic familiarite has bene the cause that the kyng of Ingland gat intelligence witht divers gentlemen of Scotland."

Complaynt of Scotland, Edin. 1801, p. 164.]

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 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.