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MINSTRELSY OP THE SCOTTISH BORDER. IN THREE PARTS. MINSTRELSY 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.1. ; The songs, to savage virtue dear, > ',' ' >\ '> That won of yore the public ear, \' t \\ > , > > Ere Polity, sedate and sage, Had qnench'd the fires of feudal rage. Warton. ' \", FOURTH EDITION. EDINBURGH: ",>, O BDrinteH Dp 31amc0 TBallantgne anto Go* V,v y'} FOR LONGMAN, HURST, REES, AND ORME, PATERNOSTER>R0W> .;*. LONDON ; AND A. CONSTABLE AND CO. EDINBURGH. "" .... ! 1810. 49810 4-2 TO HIS GRACE, HENRY, DUKE OF BUCCLEUCH, &.%*&. THESE TALES, WHICH IK ELDER TIMES HAVE CELEBRATED THE PROWESS} AND CHEERED THE HALLS, OF HIS GJLLJNT ANCESTORS, ARE RESPECTFULLY INSCRIBED BT HIS GRACE'S MUCH OBLIGES AMD . HOST HIMBIE SERVANT, WALTER SCOTT. CONTENTS TO THE FIRST VOLUME. PAGE. Introduction, , i PART FIRST. HISTORICAL BALLADS. Sir Patrick Spens, 3 Auld Maitland, 15 Battle of Otterbourne, 57 The Sang of the Outlaw Murray, 79 Johnie Armstrong, 105 Lord Ewrie, 131 , The Lochmaben Harper, 136 Jamie Telfer of the Fair Dodhead, 144- The Raid of the Reidswire, 159 Kinmont Willie, 178 CONTENTS. PAGE. Dick o' the Cow, 205 Jock o'the Side, 222 The Death of Featherstonhaugh, 233 Hobbie Noble 239 Raid of Rookhope, 252 Barthrain's Dirge, 265 Archie of Ca'field, 270 Armstrong's Goodnight, 279 The Fray of Suport, 280 Lord Maxwell's Goodnight, m _... 290 The Lads of Wamphray, mmm .... 305 INTRODUCTION. X 1 rom the remote period, when the Roman pro- vince was contracted by the ramparts of Severus, until the union of the kingdoms, the borders of Scotland formed the stage, upon which were pre- sented the most memorable conflicts of two gal- lant nations. The inhabitants, at the commence- ment of this aera, formed the first wave of the tor- rent 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, vol. i. a 11 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 570 and the Cumraig, imagination can hardly form 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 solitu- " dinem faciunt , pacem appellant" * At a later period, the Saxon families, who fled from the exterminating sword of the Conqueror, with many of the Normans themselves, whom dis- content and intestine feuds had driven into exile, In the spirited translation of this poem, by Jones, the fol- lowing 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 doll 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. 13 Ill 1 began to rise into eminence upon the Scottish bor- ders. They brought with them arts, both of peace and of war, unknown in Scotland ; and, among their descendants, we soon number the most power- ful border chiefs. Such, during the reign of the last Alexander, were Patrick, earl of March, and 1249 Lord Soulis, renowned in tradition ; and such were also, the powerful Comyns, who early acquired the principal sway upon the Scottish marches. In the civil wars betwixt Bruce and Baliol, all 1300 those powerful chieftains espoused the unsuccess- ful 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 formi- dable to the English, and to their sovereign. The sun of Douglas set in blood. The mur- ders of the sixth earl, and his brother, in the cas- tle 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 am- bition of his ancestors. He drew, indeed, against his prince, the formidable sword of Douglas, but with a timid and hesitating hand. Procrastina- tion ruined his cause; and he was deserted, at Abercorn, by the knight of Cadyow, chief of the Hamiltons, and by his most active adherents, af- ter they had ineffectually exhorted him to com- 1468 mit his fate to the issue of a battle. The border chiefs, who longed for independence, shewed lit 1455 tie 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. # The spoils of Douglas were liberally distributed among his conquerors, and royal grants of his forfeited domains effectual- ly interested them in excluding his return. An 1457 attempt on the east borders by " the Percy and the " Douglas, both together" was equally unsuccess- At the" battle of Arkinholme, the Earl of Angus, a near kinsman of Douglas, commanded the royal forces ; and the ful. The earl, grown old in exile, longed once more to see his native country, and vowed, that, upon Saint Magdalen's day, he would deposit 1483 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 : r thou art well entitled to pro- fit by my misfortune ; for thou wast true to me, 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. Archi- bald, earl of Murray, brother to Douglas, was slain in the ac- tion; 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 Pittinaue, upon Clyde. Godscroft, Vol. I. p. 375. Bal- four's MS. in the Advocate's Library, Edinburgh. Abercrom- bie'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, 1548, the king grants to Walter Scott of Kirkurd, ancestor of the house of Buccleuch, the land? of Abingtown, Phareholm, and Glentonan craig, ia VI while I was true to myself." The young inau 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.* Kirkpa- Lanarkshire, u Pro suojideli iervitio nobis impenso et pro quod *' interfuit in conjlictu de Arkinholme in occistone et captione u nostrorum rebcflium quondam Archibaldi et Hugonis de Dou- u glas olim comitum Moruvite et de Ormondet aliorum rebellium u nostrorum in eorum comitiva existen ; ibidem captorum et in- u terfectorum. ,> Similar grants of land were made to Finnart and Arran, the two branches of tho house of Hamilton ; to the chiefs of the Battisons ; but, above all, to the Earl of An- gus, who obtained from royal favour a donation oi the Lord- ship 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, carl of Angus. Whether, however, this Archibald was actu- ally the son of William, seems very doubtful; and Sir David I) airy m pie 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 cen- tury, were only restored to them after the battle of Arkin- holme. Perhaps, this may help to account for the eager in- terest taken by the earl of Angus against his kinsman. Re- marks on History of Scotland, Edinburgh, 1773. p. 121. * A grant of the king, dated 2d October, 1484, bestowed Vll trick did more: he stipulated for the personal safety of his old master. His generous interces- sion prevailed ; and the last of the Douglasses was permitted to die, in monastic seclusion, in the ab- bey of Lindores. After the fall of the house of Douglas, no one chieftain appears to have enjoyed the same exten- sive supremacy over the Scottish borders. The va- rious barons, who had partaken of the spoil, com- bined in resisting a succession of uncontrouled domination. The earl of Angus alone seems to have taken rapid steps in the same course of ambi- tion, 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, war- den of the east and middle marches, Lord of Lid- disdale, and Jedwood forest, and possessed of the strong castles of Douglas, Hermitage, and Tan- tallon. 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 upon Kirkpatrick, for this acceptable service, the lands of Kirkmichael, via 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 ener- getic 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 bor- der 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 Lid- disdale, and the castle of Hermitage, for the castle and lordship of Bothwell. * By this policy, he prevented the house of Angus, mighty as it was, * Spens of Kilspindie, a renowned cavalier, had been pre- sent 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 af- ter, Angus, while hawking near Borthwick, with a single at- tendant, 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 Kil- spindie, " I will defend myself against the best earl in Scot- " land." With these words they encountered fiercely, till An- gus, 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 of- " fended ; but I will get me into Liddisdale, and remain in my " castle of the Hermitage till his anger be abated." Godscrqft, 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 Ar- chibald, 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. from rising to the 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 protec- 1510 tion. 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 solemni- ty. Two hundred of the tribe met the king, at the water of Rule, holding in their hands the na- ked swords, with which they had perpetrated their crimes, and having each around his neck the hal- ter which he had well merited. A few were capi- tally punished, many imprisoned, and the rest dis- missed, after they had given hostages for their fu- ture peaceable demeanour. Holinshed's Chronicle. Ledy. The hopes of Scotland, excited by the prudent and spirited conduct of James, were doomed to a sudden and fatal reverse. Why should we recapi- tulate the painful tale of the defeat and death of a high-spirited prince ? Prudence, policy, the prodi- gies of superstition, and the advice of his most XI experienced counsellors, were alike unable to sub- due in James the blazing zeal of romantic chival- ry. The monarch, and the flower of his nobles, precipitately rushed to the fatal field of Flodden, 1513 whence they were never to return. The minority of James V. presents a melan- choly scene. Scotland, through all its extent, felt the truth of the adage, " that the country is hap- " less, whose prince is a child." But the border counties, exposed from their situation to the incur- sions of the English, deprived of many of their most gallant chiefs, and harassed by the intestine struggles of the survivors, were reduced to a wil- derness, 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, fee- bly endeavoured to controul a lawless nobility, to whom his manners appeared strange, and his per- son despicable. It was in vain that he inveigled 1516 Xll the Lord Home to Edinburgh, where he was tried and executed. This example of justice, or seve- rity, 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.* 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 * The statute 1594, cap. 231, ascribes the disorders on the border in a great measure to the "counselles, directions, receipt, " and partaking, of chieftains principalis of the branches, and " househalders of the saidcs surnames, and clannes, quhilkis u bears quarrel, and seeks revenge for the least hurting or a slauchter of ony ane of their unhappy race, although it were " ordout of justice, or in rescuing and following of trew menv " geares stollen or reft." Xiii by Home of Wedderburn, who burned to avene 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. ISO. Pinker- ton's History of Scotland, Vol. II. p. 169. *. The Earl of Arran, head of the house of Hamil- ton, 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 border. He was routed by these clans, at Kelso, 1520 and afterwards in a sharp skirmish, fought betwixt 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 Due hed byddin in France', And de la Bate had never come hame. P. 100, Edin. 1801. XIV his faction and that of Angus, in the high -street of the metropolis. * The return of the regent was followed by the banishment of Angus, and by a desultory warfare * The particulars of this encounter are interesting. The Hamiitons 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. Gawin Douglas, bishop of Dunkeld, a near relation of An- gus, in vain endeavuured 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 !" retort- ed Douglas, " your conscience sounds hollow."' He then ex- postulated with the secular leaders, and Sir Patrick Hamilton, brother to Arran, was convinced by bis remonstrances; but Sir James, the natural son of the earl, upbraided his uncle with reluctance to fight. " False bastard !" answered Sir Pa- trick, " I will fight to-day where thou darest not be seen." With these words they rushed tumultously 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 Nctherbow, had arrived just in time to the earl's assistance. The advantage of the ground, and the disorder of the Hamiitons, soon gave the day to An- gus. 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 ge- nerous interposition of Gawin Douglas. The skirmish was XV with England, carried on with mutual incursions. Two gallant armies, levied by Albany, were dis- missed without any exploit worthy notice, while Surrey, at the head of ten thousand cavalry, burn- ed Jedburgh, and laid waste all Tiviotdale. This general pays a splendid tribute to the gallantry of the border chiefs. He terms them, " the boldest n 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 ex- plosion of the rivalry and suppressed hatred of the borderers of both kingdoms. In truth, the stern rule of Morton, and of his delegates, men uncon- nected with the holders by birth, maintained in that country more strict discipline than had ever been there exercised. Perhaps this hastened his fall. The unpopularity of Morton, acouired 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, em- phatically expressing their awe and dread of his xlvi person, termed the Lioris 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 per- son of James. His nephew, Angus, hastened to his assistance. Against him appeared his follower Cessford, with many of the Homes, and the citi- zens 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. BirreVs 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 persuasion of Bowes, the English am- bassador. 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 horse- back, according to the fashion of the borders. The former was unhorsed and slain, the latter des- perately wounded. Godscroft,Vo\. II. p. 26 1. The pruaciice of the late regent appears to have aban- doned him, when he was decoyed into a treaty xlvii upon this occasion. It was not long before Mor- ton, the veteran warrior, and the crafty statesman, was forced to bend his neck to an engine of death, * 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 fac- tions, was seized at Stirling by the nobles, confe- derated 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 meet- ing, 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 * A rude sort of guillotine, called the maiden. The imple- ment is now in possession of the Society of Scottish Antiquaries. xlviii Ker 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 border- ers, and the gallant defender of Queen Mary, died in his confinement, of a broken heart. Spottis- uoode, p. 341. The tyranny of Arran becoming daily more in- supportable, 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 fa- vourite from the king's council.* The king, perceiving the Earl of Bothwell among the armed barons, to whom he surrendered his per- son, addressed him in these prophetic words : " Francis, Francis, what moved thee to come in ' * 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 ihem."-~God$crnft, v.ii.p.368. xlix e< 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 be- longing to his maternal uncle, James Hepburn, Earl of Bothwell, upon the forfeiture of that infa- mous man; and consequently became lord of Lid- desdale, 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 en terprize, joined to the man's native daring and violent spirit, rendered Both- well the most turbulent insurgent, that ever dis- turbed the tranquillity of a kingdom. During the king's absence in Denmark, Bothwell, swayed by the superstition of his age, had tampered with cer- tain soothsayers and witches, by whose pretended art he hoped to foretell, or perhaps to achieve, the death of his monarch. In one of the courts of in- quisition, which James delighted to hold upon the professors of the occult sciences, some of his cou- vol. i. d 1 sin'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 confine- ment, 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 com- mand, had prudently retired to France, Bothwell attempted the desperate enterprize of seizing the person of the king, while residing in his metropo- lis. At the dead of the 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, distrust- ful of each other, and ignorant of the extent of the conspiracy, only endeavoured to make good the defence of their separate lodgings ; but dark ness and confusion prevented the assailants from profiting by their disunion. Melville, who was present, gives a lively picture of the scene of dis- order, transiently illuminated by the glare of pas- sing torches ; while the report of fire-arms, the clatter of armour, the din of hammers thundering en the gates, mingled wildly with the war-cry of li the borderers, who shouted incessantly, "Justice ! Justice ! A Bothwell ! A Bothweli !" The citi- zens 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 (t 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 dig- nity " Strike, and end thy work ! I will not sur- vive my dishonour." But Bothwell, with unex- pected moderation, only stipulated for remission of his forfeiture, and did not even insist on re- maining at court, whence his party was shortly expelled, by the return of the Lord Home, and his other enemies. Incensed at this reverse, Both- well levied a body of four hundred cavalry, and attacked the king's guard in broad day, upon the lii Borough Moor, near Edinburgh. The ready suc- cour of the citizens saved James from falling once more into the hands of his turbulent subject. * On a subsequent day, Bothwell met the laird of Cess- ford, riding near Edinburgh, with whom he fought a single combat, which lasted for two hours. y 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 sub- sisted, 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. J * Spottiswoode says, the king awaited this charge with firm- ness ; hut Birred 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 hack 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. f This rencounter took place at Humbie, in East Lothian. Bothwell was attended by a servant, called Gibson, and Cess- ford by one of the Kuthcrfords, who was hurt in the cheek. The combatants parted from pure fatigue ; for the defensive armour of the times was so completely impenetrable, that the wearer seldom sustained much damage by actual wounds. % Sir Walter Raleigh, in writing of Essex, then in prison, liii While these scenes were passing in the metro- polis, 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 John- stons and Maxwells, of which there is a minute account, in the introduction to the ballad, enti- tled, * MaxwelPs 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. says, " Let the queen hold Bothzcell while she hath him." Murdin, Vol. II. p. 812. It appears, from Creichton's Me- moirs, 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. 42. liv The cast marches of Scotland were, at this mo- mentous period, in a state of comparative civili- zation. The rich soil of Berwickshire soon invi- ted 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 unre- strained 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 en- couragement to industry ; and, for the long series of centuries, which we have hastily reviewed, the hands of rapine were never there folded in inac- tivity, nor the sword of violence returned to the scabbard. Various proclamations were in vain is- sued, for interdicting the use of horses and arms upon the west border of England and Scotland.* * " Proclamation shall be made, that all inhabiting within " Tynedale and Riddesdale, in {Northumberland, Bewcastle- " dale, Willgavey, the north part of Gilsland, E&k, and Leven, " in Cumberland ; east and west Tividale, Liddesdale, Esk- lv The evil was found to require the radical cure of extirpation. Buccleuch collected under his ban- ners 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 re- joice on their arrival upon the continent, as Bri- tain 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. Num- bers of border riders were executed, without even * dale, Ewsdale, and Annerdale, in Scotland (saving noblemen u and gentlemen unsuspected of felony and theft, and not be- " ing of broken clans, and their household servants, dwelling " within those several places, before recited,) shall put away u 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 pain of ini- * prisonment." Proceedings of the Border Commissioners, 1605-~lntroduction to History of Cumberland, p. 12 T. lvi 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 ri- gour, though sternly and unconscientiously exer- cised, 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 country- men. ^* * A similar proverb in England of the same interpretation is Lydford Law, derived from Lydford, a corporation in De- vonshire, where it seems the same irregular administration of justice prevailed. A burlesque copy of verses on this town begins I oft have heard of Lydford Law, How in the morn they hang and draw, And sit in judgment after. See WestcotVs History of Devonshire. f See the acts 18 Cha. II. ch. 3. and SOCha. II. ch. 2. against the border noss-troopers, to which we may add the following curious extracts from Mercurius Politicus, a newspaper, pub- lished during the usurpation. " Thursday, November 11, 1662. f? Edinburgh. The Scotts and moss-troopers have again re- lvii In thesehasty sketches of border history, I have endeavoured to select such incidents, as may intro- duce 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 " vived their old custom, of robbing and murthering the En- " glish, whether soldiers or other, upon all opportunities, with- a in these three weeks. We have had notice of several robbe- " ries and murders, committed by them. Among the rest, a " lieutenant, and one other of Col. Overton's regiment, return* * ing 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 sol- * diers of Colonel Overton's were killed, going to their quar- ters, by some mossers, who, after they had given them quar- " ter, 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. 9 October 13, 1663. The Parliament, October * 21, past an act, declaring, any person that shall discover any u 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 con* u viction." lviii attempt, he is already acquainted with the mixture of courtage and rapacity by which they were dis- tinguished ; and has reviewed some of the scenes in which they acted a principal part. It is, there- fore, only necessary to notice, more minutely, some of their peculiar customs and modes of life. Their morality was of a singular kind. The ra- pine, by which they subsisted, they accounted law- ful 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 appear- ance of fair reprisal. The fatal privilege of pur- suing the marauders into their own country, for recovery of stolen goods, led to continual skir- mishes. The warden also, himself frequently the chieftain of a border horde, when redress was not instantly granted by the opposite officer, for depre- dations sustained by his district, was entitled to retaliate upon England by a warden raid. In lix 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 ordinary duty it was to check and suppress 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 extend- ed also to the more cultivated parts of their own country. * Satchells, who lived when the old border ideas of meum and tuum were still in some force, endea- vours to draw a very nice distinction betwixt a * The armorial bearings, adopted by many of the border tribes, shew how little they were ashamed of their trade of ra- pine. Like Falstaff", they were " Gentlemen of the night, " minions of the moon," under whose countenance they com- mitted 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. " Re- "parabit cornua Phabe," i. e. " We'll have moon-light again," is that of the family of Harden. Ye shall want, ere I want," that of Cranstoun. " Watch well," of Haliburton, &e. 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 per- sona, Common Thiflt, a borderer, who is supposed to come to Fife to steal the Earl of Rothes' best hackney, and Lord Lindsay's brown jennet. Op- pression, also (another personage there introduced), lxi seems to be connected with the borders ; for, find- ing 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 T thair lyftit with my lyfe, The devill sowld styk me with a knyffe, An' ever I cum agane in Fyfe, Till I were deid Pinker ton'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 me 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; Bdileowes, Erewynis, and Elwandis, Speedy of flicht, and slicht of handis : The Scotts of Eisdale, and the Gramis, I haif na time to tell your namis. lb. p. 156. lxii When Common Thift 19 executed (which is per- formed upon the stage), Fahet (Falsehood,), who is also brought forth for punishment, pronounces over him the following eulogy : Wacs me for thee, gude Common Thift ! Was never man made more honest chi ft. His living for to win : Thair wes not, in all Liddesdail, That ky mair craftelly could steil, Whar thou hingis on that pin ! lb. 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 Intro- duction. The borderers had, in fact, little reason to re- gard 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 experi- encing any assistance from their prince, and his more immediate subjects. If they beheld him, it was more frequently in the character of an aven- lxiii ging 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 Eng- land 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, * 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 plea- sures, and seems, in all probability, hardly so dis- agreeable to us, as the monotony of regulated socie- ty must have been to those, who had been long ac- customed 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 oc- * By act 1587, c. 96, borderers are expelled from the inland counties, unless they can find security for their quiet deport- ment. lxiv cupation, and the prospect only of a limited me- diocrity, at the end of long labour, to the last de- gree tame, languid, and insipid. The interesting nature of their exploits may be conceived from the account of Camden. u What manner of cattle stealers they are, that " inhabit these valleys in the marches of both king- '* doms, 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 intri- f cate windings. All the day-time, they refresh " themselves and their horses in lurking holes they u 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 com- " pass. The more skilfull any captain is to pass " through those wild deserts, crooked turnings, and " deep precipices, in the thickest mists and il.uk- " ness, his reputation is the greater, and he is " looked upon as a man of an excellent head. u And they are so very cunning, that they seldom lxv " have their booty taken from them, unless some- " times, when, by the help of blood-hounds fol- * lowing them exactly upon the tract, they may e * chance to fall into the hands of their adversa- " ries. When being taken, they have so much * persuasive eloquence, and so many smooth insi- " nuating words at command, that if they do not " move their judges, nay, and even their adver- t( saries (notwithstanding the severity of their na- u tures), to have mercy, yet they incite them to " admiration and compassion." Camden's Britan~ nia. The reader is requested to compare this cu- rious account, given by Lesley, with the ballad, called Hobbie Noble* * * The following tradition is also illustrative of Lesly's ac- count. Veitch of Dawyk, a man of great strength and bra- very, who flourished in the 16th century, is said by tradition to have been upon bad terms with a neighbouring proprietor, Tweedie of Drummelzier. By some accident, a flock of Dawyk's sheep had strayed over into Drummelzier's grounds, at the time when J)ickie 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, the dog staid upon a very large hay-stack. The pursuers were a good deal surprised at the obstinate pause of the blood-hound, vol. I. e - | lxvi The inroads of the marchers, when stimulated only by the desire of plunder, were never marked with cruelty, and seldom even with bloodshed, un- less in the case of opposition. Tbey 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. G3. This was, perhaps, partly owing to the habits of intimacy betwixt the borderers of both kingdoms, notwith- standing their mutual hostility, and reciprocal de- predations. A natural intercourse took place be- tween the English and Scottish marchers, at bor- der meetings, and during the short intervals of peace. They met frequently at parties of the chace and football; 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, 1 587, 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, pro- tested that he would never have touched a cloot (hoof) of them, had he not taken them for Drummcl/ier's property. This dexterous appeal to Veitch's passions, saved the life of the free-booter. 6 lxvii c. 105; Wharton's Regulations, 6th Edward VI, The custom, also, of paying black-mail, or pro- tection 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 per- son, but also to maintain his quarrel, and recover his property, if carried off by others. Hence, an union rose betwixt the parties, founded upon mutual interest, which counteracted, in many in- stances, the effects of national prejudice. The si- milarity of their manners may be inferred from that of their language. In an old mystery, im- printed at London, 1654, a mendicant borderer is introduced, soliciting alms of a citizen and his wife. To a question of the latter he replies, " Sa- " vying your honour, good maistress, I was bom ** 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 u here, in this countrie ? me thinke thou art a Scot * by thy tongue." Beggar f Trowe me never lxviii * mair then, good deara ; I had rather be hanged * in a withie of a cow-taile, for thei are ever fare * and fause." Appendix to Johnsons Sad Shep- herd, 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 circum- stance, interesting in itself, and decisive of the occasional friendly intercourse among the march- men. From all these combining circumstances arose the lenity of the borderers in their incur- sions, and the equivocal moderation which they sometimes observed towards each other, in open war. * \ * Tliis practice of the marchmen was observed and repro- bated by Patten. " Anoother maner have they (the English u borderers) amoong them, of wearyng handkerchers roll'd a about their armes, and lettrcs brouder'd (embroidered) upon " their cappes : they said themselves, the use thearof was that " ech of them might knowe his fellowe, and thcarbye the soon- " er assemble, or in nede to ayd one another, and such lyke re- " spectes ; howbeit, thear wear oi the army aiuuung 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 inarkes too), aud so in conflict either ech to spare oother, u or gently eche to take oother. Indede, men have been mooved * the rather to thinke so, bycaus sum of their crosses (the Eng- " lish red cross) were so narrowe, and so singly set on, that lxix This humanity and moderation was, on certain occasions, entirely laid aside by the borderers. In the case of deadly feud> either against an Eng- lishman, or against any neighbouring tribe, the whole force of the offended clan was bent to avenge the. death of any of their number. Their " a puffe of wynde might blowe them from their breastes, and " that thei wear found right often talking with the Skottisb " prikkers within less than their gad's (spears) length asunder ; and when thei perceived thei had been espied, thei have be- * gun one to run at anoother, but so apparently perlassent (in " parley), as the lookers on resembled their chasvng 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 mey 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, t, 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 DalyelFs Fragments, p. 76. It is singular that, about this very period, the same circum- stances are severely animadverted upon by the strenuous Scot- tishman, 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 cuntr6, bot the grit familiarite that Inglis men " and Scottes hes had on baith the boirdours, ilk ane witht " utheris, in merchandeis, in selling and buying hors and nolt, " and scheip, outfang, and infang, ilk ane amang utheris, the lxx vengeance not only vented itself upon the homi- cide 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. Les- ley, p. 63 ; Border Laws, passim ; Scottish Acts, 1594, c. 231. The reader will find, in the follow- ing collection, many allusions to this infernal cus- tom, which always overcame the marcher's gene- ral reluctance to shed human blood, and rendered him remorselessly savage. u whilk familiarite is express contrar the lauis and consuetudis u bayth of Ingland and Scotland. In auld tymis it was deter- 41 mit in the artiklis of the pace, be the twa wardanis of the " boirdours of Ingland and Scotland, that there suld be na fa- u miliaritie 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, how- " beit that ther war sure pace betwix the twa realmes. Bot " thir sevyn yeir bygane, thai statutis and artiklis of the pace ' arc adnullit, for ther hes been as grit fa miliaritie, and con- u ventions, and makyng of merchandreis, on the boirdours, " this lang tyme betwix Inglis men and Scottis men, bayth t in " pace and weir, as Scottismen usis amang theme selfis witht " in the rcalme 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. lxxi 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 pro- claiming the perfidy of the person, who had bro- ken 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 pri- soners 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 Ixxii chicane, against which the border laws wertf 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, 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 dis- orderly 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. Ibi- dem, and Stat. 1574, c. 231. By the same sta- tutes, the chieftains and landlords, presiding over border clans, were obliged to find caution, and to grant hostages, that they would subject themselves t the due course of law. Such clans, as had no Ixxiii 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 bor- der 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 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 Aln- wick, of Raby, and of Naworth, marks the weal- thier and more secure state of the English nobles. The Scottish chieftain, however extensive his do- mains, derived no advantage, save from such parts as he could himself cultivate or occupy. Pa} r ment of rent was hardly known on the borders, till after the union. * All that the landlord could gain, * Stowe, in detailing the happy consequences of the union of the crowns, observes, " that the northerne borders became " as safe, and peaceable, as any part of the entire kingdome* " so as in the fourthe yeare of the king's reigne, as well gentle- ft men and others, inhabiting the places aforesayde, finding the lxxiv from those residing upon his estate, was their per- sonal service in battle, their assistance in labouring the land retained in his natural possession, some petty quit-rents, of a nature resembling the feudal casualties, and perhaps a share in the spoil which they acquired by rapine. * 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. An- other reason is found in the Scottish mode of war- fare. It was early discovered, that the English " auncient wast ground to be very good and fruitefull, began " to contende in lawe about their bounds, challenging then, " that for their hereditarie right, which formerly they disa- " vowed, only to avoyde charge of common defence." " As for the humours of the people (i. e. of Tiviotdale), they " were both strong and warlike, as being inured to war, and daily M incursions, and the most part of the heritors of the country " gave out all their lands to their tenants, for military attend* u ance, upon rentals, and reserved only some few manses for " their own sustenance, which were laboured by their tenants, besides their service. They paid an entry, a herauld, and a " small rental-duty ; for there were no rents raised here that were considerable, till King James went into England ; yea, " all along the border." Account of Roxburghshire, by Sir Wilham Scott of Harden, and Kerr of Sunlaws, apud Mac- furlane's MSS. Ixxv 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 gar- rison. * To 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 * The royal castles of Roxburgh, Hermitage, Lochmaben, &c, form a class of exceptions to this rule, being extensive and well fortified. Perhaps we ought also to except the baronial castle of Home. Yet, in 1455, the following petty garrisons were thought sufficient for the protection of the border ; two hundred spearmen, and as many archers, upon the east and middle marches ; and one hundred spears, with a like number of bowmen, upon the western marches. But then the same statute provides, " They that are neare hand the bordoure, are " ordained to have gud househaldes, and abulzied men as effeiris : and to be reddie at their principal place, and to " pass, with the wardanes, quhen aud quhair they sail be * charged." Acts of James II, cap. 55, Of garisounes to be laid upon the borders. Hence Buchanan has justly described, as an attribute of the Scottish nation, " Necfossis, nee muris, patriam, sed Marte tueri." lxXvl large square battlemented * tower, called a kecpj or peel; placed on a precipice, or on the banks of a torrent, and, if the ground would permit, sur- rounded by a moat. In short, the situation of a border house, surrounded by woods, and rendered almost inaccessible by torrents, by rocks, or by mo- rasses, sufficiently indicated the pursuits and ap- prehensions of its inhabitants. " Locus horroris et u vasta solitudinis, aptus ad pradam, habilis ad rapt- " nam, habitatoribus suis lapis erat ojfensiones etpttra " scandali, utpote qui stipendiis suis mirtime contenti " totum de alieno parum de suo possidebarit totius "provincial 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 I have observed a difference in architecture betwixt the English and Scottish towers. The latter usually have upon the top a projecting battlement, with interstices, anciently called machicoules, betwixt the parapet and the wall, through which stones or darts might be hurled upon the assailants. This kind of fortification is less common on the south border. lxxvii of an immense thickness, and they could easily be defended against any small force; more espe- cially, as, the rooms being vaulted, each story formed a separate lodgement, capable of being held out for a considerable time. On such occa- sions, the 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.* Patten's Expedition, p. 3'5. 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 i 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, wjth the ornaments which their rapine had procured for the * I ought to except the famous Dand Ker, who was made prisoner in his castle of Fairnihirst, after defending it braveJy against Lord Dacres, 24th September, 1523. lxxviii 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 castle. Such also, a rude stone, now broken, and very much defaced, placed upon a mount on the lands of Haugh-head, near the junction of the Kale and Teviot. The inscription records the defence made by Hobbie Hall, a man of great strength and cou- rage, against an attempt by the powerful family of Ker, to possess themselves of his small estate. * The rude strains of the inscription little correspond with the gallantry of a village Hampden, who, with dauntless breast, The little tyrant of his fields withstood. It is in these words: Here Hobbie Hall boldly maintained his right, 'Gainst reif, plain force, armed wi' awles might. Full thirty pleughs, harnes'd in all their gear, Could not his valiant noble heart make fear : lxxix The same simplicity marked their dress and arms. Patten observes, that in battle the laird could not be distinguished from the serf: all wear- ing the same coat armour, called a jack, and the baron being only distinguished by his sleeves of mail, and his head-piece. The borderers, in ge- neral, acted as light cavalry, riding horses of a small size, but astonishing]}' 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. Al- though 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, where- of it is said, by an English historian, that " sooner But wi his sword, he cut the foremost's soam In two ; and drove baith pleughs and pleughmen home. 1620, v Soam means the iron links, which fasten a yoke of oxen to the plough. lxxx * 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 parti- cularly 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 thou- sand horsemen in the course of a single day. Thus rapid in their warlike preparations, they were alike ready for attack and defeftce. 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.- Beauge remarks, that nothing surprised the Scottish ca- valry so much as to see their French auxiliaries en- cumbered 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 2 lxxxi a valuable MS. Chronicle of England, in the col- lection of the Marquis of Douglas, from which this stratagem seems to have decided the ensragre- O CO ment. * In meyn time, while the wer thus lastyd, " the kynge went agane into Skotlonde, that hitte ** was wonder for to wette, and bysechd the towne {< of Barwick ; but the Skottes went over the water " of Sold, that was iii myle from the hoste, and (t prively they stole away 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 Englische- " men, that were left at home, herd this tiding, " all tho that myght well travell, so well monkys * and priestis, and freres, and chanouns, and secu- " lars, come and met with the Skottes at Mytone ** of Swale, the xii day of October. Alias, for " sorrow fortheEnglischemen ! housbondmen,that " could nothing in wer, ther were quelled and * drenchyd in an arm of the see. And hyr chyf- " taines, 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 vol. i. f lxxxii ct the passyd the water of Swale, and the Skottea " 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 Eng- ** lischemen were gon over the water, tho cam the " Skottes, with hir wyng, in maner of a sheld, and f come toward the Englischemen in ordour. And " the Englischemen fled for unnethe they had " any use of armes, for the kyng had hem al al- " most 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 Englische- u men wer ther quelled, and he that myght wend " over the water were saved, but many were drown- " ed. 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 parly set forward before all the Ixxxiii 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.* Their warlike convocations were, also, frequently disguised, under pretence of meetings for the pur- pose of sport. The game of foot-ball, in particu- lar, which was anciently, and still continues to be, a favourite border sport, was the means of collect- ing together large bodies of moss-troopers, pre- vious to any military exploit. When Sir Robert Carey was warden of the east marches, the know- ledge 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, f Previous also to the murder of Sir John Carmichael (see Notes on the Raid of the Heidswire,) it appeared at the trial of the perpetra-* * In the parish of Linton, in Roxburghshire, there is a circle of stones, surrounding a smooth plot of turf, called the Tryst, or place of appointment, which tradition avers to have been the rendezvous of the neighbouring warriors. The name of the leader was cut in the turf, and the arrangement of the let- ters announced to his followers the course which he had taken. See Statistical Account of the Parish of Linton. f See Appendix. lxxxiv tors, 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 fea- ture of that religion. In 1528, Lord Dacre com- plains heavily to Cardinal Wolsey, that, having taken a notorious freebooter, called Dyk Irwen, the brother and friends of the outlaw had, in retalia- tion, seized a man of some property, and a rela- tion 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 burn- lxxxv ed 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, An- drew Home of Fastcastle, about 1488, attempted to procure a perpetual feu of certain possessions belonging to the abbey of Coldinghame; and be- ing baffled, by the king bestowing that opulent be- nefice upon 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 Kens testified his contempt for clerical immunities and privileges, by expelling from his house the abbot of Kelso. These bickerings be- twixt the clergy and the barons were usually ex- cited 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. * But, as the possessions and revenues of * These vassals resembled, in some degree, the Vidames in France, and the Vogten, or Vizedomen, of the German ab- lxxxvi 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 Dry- burgh, and the family of Halliburton of Mertoun, or Newmains, who held some lands from that ab- bey. These possessions were, under various pre- texts, 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 impor- tance to be terminated by a reference to his ma- jesty ; whose decree arbitral, dated at Stirling, the 8th of May, 1535, proceeds thus: u Whereas we, * having been advised and knowing the said * gentlemen, the Halliburtons, to be leal and true " honest men, long servants unto the saide ab- " beye, for the saide landis, stout men at armes, " and goode borderers against Ingland ; and doe * therefore decree and ordaine, that they sail be beys ; but the system was never carried regularly into effect in Britain, and this circumstance facilitated the dissolution of the religious houses. lxxxvii " repossess'd, and bruik and enjoy the landis and f* steedings they had of the said abbeye, paying " the use and wonte : and that they sail be goode " servants to the said venerabil father, like as they '< and their predecessours were to the said vene- a rabil father, and his predecessours, and he a good " master to them."* It is unnecessary to detain 4he reader with other 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 aud civil dissentions were at the height in 1568, Drury * This decree was followed by a marriage betwixt the ab- bot's daughter, Elizabeth Stewart, and Walter Halliburton, one of the family of Newmains. But even this alliance did not secure peace between the venerable father and his vassals. The offspring of the marriage was an only daughter, named Eliza- beth Halliburton. As this young lady was her father's heir, the Halliburtons resolved that she should marry one of her cousins, to keep her property in the clan. But as this did not suit the views of the abbot, he carried off by force the intend- ed bride, and married her, at Stirling, to Alexander Erskine, a brother of the laird of Balgony, a relation and follower of his own. From this marriage sprung the Erskines of Shielfield. This exploit of the abbot revived the feud betwixt him and the Halliburtons, which only ended with the dissolution of the ab- bey. MS. History of Halliburton Family, penes editorem.. lxxxviii writes to Cecil, " Our trusty neighbours of Te- * viotdale are holden occupied only^to attend to " the pleasure and calling of their own heads, to " make some diversion in this matter." The in- fluence of the reformed preachers, among the bor- ders, 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," thatsome 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. m He said, ' how can I go " there ? I know what sort of people they are.' * But,' Mr Welch said, f go your way, Ritchie, * and set the fire of hell to their tails." He went; " and, the first day, he preached upon that text, " How shall 1 put thee among the children, &c. In u the application he said, ' Put you among the " children ! the offspring of thieves and robbers i Ixxxix f* we have all heard of Annandale thieves/ Some " of them got a merciful cast that day, and told r* 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, f and people sit on the ground." Life of Rich- ard Cameron.* 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 cava- lier, haranguing the Highlanders, and ironically thus guarding them against the fanatic divines : If their doctrine there get rooting, Then, farewell theift, the best of booting. And this ye see is very clear, Dayly experience makes it appear; For instance, lately on the borders, Where there was nought but theft and murders, Rapine, cheating, and resetting, Slight of hand, fortunes getting, * This man waa chaplain in the family of Sir Walter Scott of Harden, who attended the meetings of the indulged presby- terians; but Cameron, considering this conduct as a compro- mise with the foul fiend Episcopacy, was dismissed from the family. He was slain in a skirmish at Airdsmoss, bequeathing his name to the sect of fanatics, still called Cameronians. xc Their designation, as ye keu, Was all along the Tacking Men. Now, rebels more prevails with words, Then drawgoons does with guns and swords, So that their bare preaching now Makes the rush-bush keep the cow; Better than Scots or English kings, Could do by kilting them with strings. Yea, t hose that were the greatest rogues, Follows them over hills and bogues, Crying for mercy and for preaching, For they'll now hear no others teaching." CldaiuTs Poems, 1697, p. 30. The poet of the Whigs might exaggerate the success of their teachers; yet it must be owned, that the 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,"* says Lesley, " never count their beads with such ear- An epithet bestowed upon the borderers, from the names of their various districts; as Tiviotdale, Liddcsdale, Eskdale, Ewsdale, Annandale, &c Hence, an old Ballad distinguishes the north as the country, " Where every river gives name to a dale." Ex-ale-tation ofAl& XC1 " nestness as when they set out upon a predatory " expedition." Penances, the composition be- twixt 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 last- ing monuments; such as the Tower of Repent- ance, in Dumfries-shire, and, according to vulgar tradition, the church of Linton,* in Roxburgh- shire. 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 pil- 'grimages of Scotland, for the benefit of the souls of those of the opposite clan, who had fallen in the feud. These were superstitions, flowing im- * This small church is founded upon a little hill of sand, in which no stone of the size of an egg is said to have been found, although the neighbouring soil is sharp and gravelly. Tradition accounts for this, by informing us, that the foundresses were two sisters, upon whose account much blood had been spilt in that spot ; and that the penance, imposed on the fair causers of the slaughter, was an order from the pope to sift the sand of the hill, upon which their church was. to be erected. This story may, perhaps, have some foundation ; for, in the church- yard was discovered a single grave, containing no fewer than fifty skulls, most of which bore the marks of having been cleft by violence. XCI1 mediately from the nature of the Catholic reli- gion : 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 su- " perstition of our borderers at this day, who were tf much better acquainted with, and do more firm- " ly 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 fore- * fathers, I met with a gentleman in the neigh- " bourhood, who shewed me a book of spells, and " magical receipts, taken, two or three days be- " fore, in the pocket of one of our moss-troopers-; " wherein, among many other conjuring feats, was ** prescribed a certain remedy for an ague, by ap- '* plying a few barbarous characters to the body " of the party distempered. These, raethought, " were very near a-kin to Wormius's Ram Runer, XC111 " which, he says, differed wholly in figure and " shape from the common runa. 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, medi- u candum tamanimi quam corporis morbis ; atquead " ipsos cacodamones pellendos et fugandos. I shall u not trouble you with a draught of this spell, be- " cause I have not yet had an opportunity of learn- " ing whether it may not be an ordinary one, and far less, elegant expression ; although the style 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 CXV1 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 sub- ject 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 publication ; pointing out the authorities from which his materials are de- rived, and slightly noticing the nature of the dif- ferent classes into which he has arranged them.' The Minstrelsy of the Scottish Border contains Three Classes of Poems : I. Historical Ballads. II. Romantic. III. Imitations of these compositions- - BY MODERN AUTHORS. 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 CXV11 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 Whasa liks, thai may her Young woman, whan thai will play, Syng it among thaim ilk day. The Bruce, Book XVI. Godscroft also, in the History of the House of Douglas, written in the reign of James VI., al- ludes 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. * Similar strains of for * " The Lord of Lideisdale being at his pastime, hunting in " Ettrick forest, is beset by William, Earl of Douglas, and u such as he had ordained for the purpose, and there asaiied, " wounded, and slain, beside Galsewood, in the year 1353, " upon a jealousy that the earl had conceived of him with his " lady, as the report goeth ; for so sayeth the old song, " The Countess of Douglas out of her bower she came, " And loudly there that she did call " It is for the Lord of Liddesdale, ' ^ " That I let all these tears down fall." CXVlll mentation were poured by the 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 un- commonly animated Edinburgh castle, towne and toure, God grant thou sink for sinne ! And that even for the black dinoure, Erl Douglas gat therein. Who will not regret, with the editor, that com- positions 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 ear- u The song also declareth, how she did write her love-letters " to Liddisdale, to dissuade him from that bunting. It tells " likewise the manner of the taking of his men, and his own " killing at Galsewood ; and how he was carried the first night " to Linden kirk, a mile from Selkirk, and was buried in the " abbey of Melrose." Godscroft, Vol. I. p. 144, Ed. 1743. Some fragments of this ballad are still current, and will be found in the ensuing work. CX1X Her efforts of the border muse. Some of her later strains, composed during the sixteenth century, have survived even to the present day ; but the re- collection 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 learned Mr Rit- son has obligingly pointed out to me the follow- ing 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 Har- vey'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." * Could this collection have been found, it would probably have thrown much light on the present * The Selkirkshire ballad of Tamlane seems also to have been well known in England. Among the popular heroes of romance, enumerated in the introduction to the history of Tom Thumbe," (London, 1621, bl. letter), occurs " Tom a ** Lin, the devil's supposed bastard." There is a parody upon the same ballad in the " Pinder of Wakefield? (London, 1621.) cxx publication : but the editor lias been obliged to draw his materials chiefly from oral tradition. Something may be still found in the border cot- tages resembling the scene described by Penny- cuik. On a winters night, my grannam spinning, To mak a web of good Scots linen ; Her stool being placed next to the chimley, (For she was auld, and saw right dimly,) My lucky dad, an honest whig, Was telling tales of Bothwell-brigg; He could not miss to mind the attempt, Tor he was sitting pu'ing hemp ; My aunt, whom nane dare say has no grace, Was reading on the Pilgrim's Progress; The meikle talker, Davie Dallas, Was telling blads of William Wallace; My mi t tier bade her second son say, W 7 hat he'd by heart of Davie Lindsay : Our herd, whom all folks hate that knows him, Was busy hunting in his bosom ; The bairns, and oyes, were all within doors; The youngest of us chewing cinders, And all the auld anes telling wonders. Pennycuick't Poems, p. 7. i The causes of the preservation of these songs have either entirely ceased, or are gradually decay- ing. Whether they were originally the composi- tion of minstrels, professing the joint arts of poetry CXX1 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 office was often heredi- tary, were the great depositaries of oral, and par- ticularly of poetical, tradition. About spring time, and after harvest, it was the custom of these musi- cians to make a progress through a particular dis- trict of the country. The music and the tale re- paid their lodging, and they were usually grati- fied with a donation of seed corn.* This order pf minstrels is alluded to in the comic song of Maggy Lauder, who thus addresses a piper u Live ye upo' the border?" By means of these men, much traditional poetry was preserved, which must otherwise have perish- ed. Other itinerants, not professed musicians, found their welcome to their night's quarters rea- These town pipers, an institution of great antiquity upon the borders, were certainly the last remains of the minstrel race. Robin Ilastie, town-piper of Jedburgh, perhaps the last of the order, died nine or ten years ago : his family was sup- CXX11 dily insured by their knowledge in legendary lore. John Graeme, of Sowport, in Cumberland, com- monly called The Long Quaker,* a person of this latter description, was very lately alive; and se- veral of the songs, now published, have been taken down from his recitation. The shepherds also, and aged persons, in the recesses of the border moun- tains, 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 occu- pied the same possessions for centuries. posed to have held the office for about three centuries. Old age had rendered Robin a wretched performer; but he knew several old songs and tunes, which have probably died along with him. The town-pipers received a livery and salary from the community to which they belouged ; and, in some burghs, they had a small allotment of land, called the Piper's Croft for further particulars regarding them, see Introduction to Complaynt of Scotland, Edinburgh, 1801, p. 142. * This person, perhaps the last of cur professed ballad re- citers, died since the publication of the first edition of this work. He was by profession an itinerant cleaner of clocks and watches ; but, a stentorian voice, and tenacious memory, qua- lified him eminently for remembering accurately, and reciting with energy, the border gathering songs and tales of war. His memory was latterly much impaired; yet, the number of ver- ses which he could pour forth, and the animation of his tone and gestures, formed a most cxtraoidinary contrast to his ex- treme feebleness of person, and dotage of mind. cxxm It is chiefly from this latter source that the edi- tor 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 and correct the deficiences of his own co- pies, from a collection of border songs, frequently referred to in the work, under the title of Glen- riddelFs MS, This was compiled from various sources, by the late Mr Riddel, 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 owe* 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 tradi- tion; for the reciter, making it a uniform prin- ciple to proceed at all hazards, is very often, when his memory fails him, apt to substitute large por- CXX1V tions from some other tale, altogether distinct from that which he has commenced Besides, the prejudices of clans and of districts have occasion- ed variations in the mode of telling the same story. Some arrangement was also occasionally necessa- ry, to recover the rhyme, which was often, by the ignorance of the reciters, transposed, or thrown into the middle of the line. Witti these freedoms, which were essentially necessary to remove obvi- ous 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 adven- tures. Such were the tales, with which the friends of Spenser strove to beguile his indisposition : a Some told of ladies, and their paramours ; "Some of brave knights, and their renowned squires; " Some of the fairies, and their strange attires, u And some of giants, hard to be believed." These, carrying with them a general, and not cxxv merely a local interest, are much more exten- sively known among the peasantry of Scotland than the border-raid ballads, the fame of which is in general confined to 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. * With this class are now in- termingled some lyric pieces, and some ballads, which, though narrating real events, have no di- rect reference to border history or manners. Tc the politeness and liberality of Mr Herd, of Edin- burgh, 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 * Mr Jamieson, of Macclesfield, a gentleman of literary and poetical accomplishment, was for some years employed in a compilation of Scottish ballad poetry, which was published in 1806. I therefore, as far a the nature of my work permitted, sedulously avoided anticipating any of his materials : and the curious reader will find in his collection some important light on the history of Scottish Song, derived from comparing it with the ballad of the Scandinavians. CXXV1 the course of the following pages. Two books of ballads, in MS., have also been communicated to me, by my learned and respected friend, Alexan- der Fraser Tytler, Esq.* I take the liberty of transcribing Mr Ty tier's memorandum respecting the manner in which they came into his hands. * My father f got the following songs from an old * friend, Mr Thomas Gordon, professor of philo- * sophy, King's College, Aberdeen. The follow- * ing extract of a letter oftthe professor to me, ex- u plains how he came by them: " An aunt of my " children, Mrs Farquhar, now dead, who w;is " 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 ail the * songs she had heaid from nurses and country- ** women in that sequestered part of the country. " Being maternally fond of my children, when * Now a senator of the College of Justice, by the title of Lord Woodhouselee. f William Tytler, Esq. the ingenious defender of Queen Mary, and author of a Dissertation upon Scottish Music, which doe* honour to his memory. cxxvn " young, she had them much about her, and de- ** lighted them with her songs, and tales of chival- * ry. 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 by f 5 heart. In conversation I mentioned them to u 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 legend- ary 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 co- pies of such, as were known on the borders, have furnished him with various readings, and with sup- plementary stanzas, which he has frequent oppor- tunities to acknowledge. The MSS. are cited un- der the name of Mrs Brown of Falkland, the inge- CXXV11L nious 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 communicated to the editor, from various quarters, since the work was first pub- lished, 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 pos- sible 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 indispu- table 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 re- ferred 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 CXX1X 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 his country was venerated by the poet of Scotland : The rough bur-thistle spreading wide Amang the bearded beer, I turned the weeder-clips aside, And spared the symbol dear. Burns. 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 ex- cellent glossary annexed to the last edition of Burns' works. The Third Class of Ballads are announced to the public, as Modern Imitations of the An- cient style of composition, in that department of poetry; and they are founded upon such tradi- tions, 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 unit- ing the vigorous numbers and wild fiction, which occasionally charm us in the ancient ballad, with vol. I. i cxxx a greater quantity of versification, and elegance of sentiment, than we can expect to find in the works of a rude age. But 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 differ- ence, not always attended to, betwixt the 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, cal- led Glenfinlas, and the ballad, entituled the Eve of St John, were designed as examples of the differ- ence betwixt these two kinds of composition. It would have the appearance of personal va- nity, were the editor to detail the assistance and encouragement which he has received, during his undertaking, from some of the first literary cha- racters of our age. The names of Steuart, Macken- zie, Ellis, Currie, and Ritson, with many others, are talismans too powerful to be used, for bespeak- ing 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 CXXX1 " of the muses, have thought their canzons hon- " oured 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 far- ther 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 with- out sufficient attention to method, a variety of re- marks, regarding popular superstitions, and legen- dary history, which, if not now collected, must soon have been totally forgotten. By such ef- forts, feeble as they are, I may contribute some- what to the history of my native country ; the pe- culiar features of whose manners and character are daily melting and dissolving into those of her sis- ter 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. CXXX11 Hail, land of spearmen ! seed of those who scorn'd To stoop the proud crest to Imperial Rome ! Hail ! dearest half of Albion, sea-wall'd ! Hail! state unconquer'd by the fire of war, Red war, that twenty ages round thee blazM ! To thee, for whom my purest raptures flow, Kneeling with filial homage, I devote " My life, my strength, my first and latest song." / CXXX111 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 up- on 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 Lorde Dacre, in likewise, evry man home with their companys, without loss of any men, thanked be God; sav- ing viii or x slayne, and dy vers hurt, at skyrmyshis and saults of the town of Gedwurth, and the forteressis; which towns is soo suerly brent, that no garnysons ner CXXX1V nunc oilier 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 moch 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 horse- men in garnyson, and six good towres therein ; whichc towne and towres be clenely destroyed, brent, and throwen downe. Undoubtedly there was noo journey made into Scotland, in noo manys day leving, with soo fewe a nom- bre, that is recownted to be soo high an enterprice as this, bothe with thies contremen, and Scottishmen, nor of truthe so muche hurt doon. But in th' ende a great mys- fortune ded fal, 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 vanguard, and Sir William Evers for the reregard. In the vanguard I appointed my Lord of West- moreland, as chief, with all the bushopricke, Sir Wil- liam Bulmer, Sir William Etrers, my Lord Dacre, with all hit 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 lodg- ingg, and our campe was soo well envirowned with ordy- nnnce, carts, and dikes, that hard it was to entre or issue, cxxxv but af certain places appointed for that purpos, and as- signed 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 falde, I being at the sault of th* abby, vvhiche contynued unto twoo houres within nyght, my seid Lord Dacre wolde 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 certoute, 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 har- dy men, that went noo foote back for theym ; the other two knightes were alsoo soo sharply assaylcd, 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 him- self, and fynally, with long skirmyshing, and moche diffi- cultie, gat forthe th* ordynance within the howse and CXXXV1 threwe down the same. At which skyrmyshe, my seid Lord Dacre, and his brother, Sir Cristofer, Sir Arthure, and Sir Marmaduke, and many other gentilmen, did mar- vellously hardly; and found the best resistence that hath been seen with my comyug to their parties, and above xxxiiScottissleyne, and not passing iiij Englishmen, but above Ix hurt. Aftir that, my seid lord retournyng to the campe, wold in nowise bee lodged in the same, but where he lay 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 rou- nyng along the campe, at whome were shot above one hundred shief of arrowes, and dyvers gonnys, thinking they had been Scots, that wold have saulted the campe; fynally, the horses were soo madde r that they ran like wild dere into the feld; above xv c. at the leest, in dy- vers companys, and, in one place, above 1 felle downe a grete 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, finally, by that I can esteme by the nom- bre 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. tyms of spirits and CXXXV11 fereful sights. And unyversally all their company saye playnly, the devil 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 jour- ney, upon all parts of th' arm ye, kepte us with soo con- tynuall skyrmyshe, that I never sawe the like. If they might 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 contre. There is noo herdyer, ner bettir knyght, but often tyme he doth not use the most sure order, which he hath nowe payd derely for. Written at Berwike the xxvij of September. Your most bownden, T.SURREY. CXXXV111 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 Huns* don, warden of the east marches, afterwards Earl of Mon- mouth, the reader will find a lively illustration of the sketch given of border manners in the preceding Intro- duction. " 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, * who was my opposite war- den, a brave active young man, and desired him that hee would appoint a day, when hee and myselfe might pri- vately meet in some part of the border, to take some good order for the quieting the borders, till my retourne from * Sir Robert Kerr of Ccssford, warden of the middle marches, nd ancestor of the house of Roxburghe. CXXX1X London, which journey I was shortly of necessity to take. He stayed ray 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 drink e, 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 me 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 1 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 I did after my cxl 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 bcganne, their was roades made out of Scotland into the east march, and goods were taken three or four times a weeke. I had no other meanes left to quiet them, but still sent out of the garri- son 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 frequent- ly hanged : a course which hath been seldom used, but I had no way to keep the country quiet but so to do ; 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 asso- ciates, 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 unckie, and hee him- selfe, bravely resisting till he was sore hurt in the head, was taken. After he was taken, his pride was such, as cxli hee asked, who it was that durst avow that nightes worker but when he heard it was the garrison, he was then more quiet. But so powerful and so 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 af- ter 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 Ro- bert 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 me 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 cxlii was 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 afternoooe, but, by their humble suit, 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 took one of my men's liveryes, and putt it about mee, and tooke two other of iny servants with mee in their liveryes, and we three, as the warden's men, came to the provost marshal l's, where Bourne was, and were lett into his chamber. Wee sate down by him, and told him, that we 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 Eng- land, and what in Scotland ; and that he had killed seven Englishmen with his own hands, cruelly murthering them : that hee had spent his whole life 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 cxliii our master know his desire, who, wee knew, would pre- sently grant it. We took our leaves of him, and pre- sently 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 S upon what termes and conditions." Before his man was retourned, hee had heard, that in the morning, verv 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 plot- ted 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 foote- ball, 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. We presently called a counsaile, and after much dispute it was concluded, that cxliv the likeliest place he 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 com- plaint,) or at least delaid, sent off the garrison into Lid- disdale, and killed there the chiefe offender, which had done the wrong. Upon this conclusion, there was order taken, that both horse and fonte 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 fonte were sett out with directions what to do, it was almost darke night, and the gates ready to be lockt. Wee parted, aBd 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 Norliam, 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 pot well settled theme- cxlv 1 selves to sleep, but they 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 betray- ed, and, with all the speede they could, made haste home- wards 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 bloou 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 things 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 Scot- land; 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 de- tained 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 prefix- ed for the delivery of them all. And in case any of the vol. I. k cxlvi officers, oa either side, should omit their duties, in not de- livering the prisoners at the dayes and places appointed, that then there should a course be taken by the sove- raignes, 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 offi- cers 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 fail- ing, entered himselfe prisoner into Barwicke, there to re- maine till those officers under his charge were delivered to free him. He chose for his guardian Sir William Sel- by, master of the ordinance at Barwicke. When Sir Ro- bert 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 terms, 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 never cxlvu broke his worde, if hee should give me his hand and cre- dit to be a true prisoner, hee would have no guard sett upon him, but have free liberty for his friends in Scot- land to have ingresse and regresse to him as oft as hee pleased. He tooke this very kindly at my handes, ac- cepted 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 me. I tooke him abroad with mee at the least thrice a weeke, a hunting, and every day wee grew better friends. Bo- cleuch, 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 kind usage I had shewn him, and that I would find the effects of it upon his de- livery, which hee hoped would be shortly. " Thus wee parted j 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 cxlviii word. We met oft at dayes of truce, and I had as good justice as I could desire; and so we continued very kinde and good friends, all the time that I stayed in that march, which was not long." cxlix APPENDIX, No III. MAITLAND'S COMPLAYNT, AGANIS THE THIEVIS OF LIDDISDAIL. FROM FINKERTON S EDITION, COLLATED WITH A MS. OF MAI1- LAND'S POEMS, IN THE LIBRARY OF EDINBURGH COLLEGE. Of Liddisdail the commoun theifis Sa peartlie steillis now and reifis. That nane may keip Horse, nolt, nor scheip, Nor yett dar sleip For their mischeifis. cl Thay plainly throw the country rydis, I trow the mekil devil thame gydis ! Quhair they onsett, Ay in thair gaitt, Thair is na yet Nor dor, thame bydis. Thay leif rich nocht, quhair ever thay ga; Their can na thing be hid them fra; For gif men wald Thair housis hald, Than wax thay bald, To burne and slay. Thay thrifts have neirhand herreit hail, Ettricke forest and Lawderdail; Now are they gane, In Lawthiane; And spairis nane That thay will waill. Thay landis ar with stouth sa socht, To extreame povertye ar broucht, Thay wicked scrowis Has laid the plowis, That nane or few is That are left oucht. 12 di Bot commoun taking of blak mail, They that had flesche, and breid and ail I, Now are sae wrakit, Made bair and nakit, Fane to be slaikit With watter caill. Thay theifs that steillis and tursis hame, Ilk ane of them has ane to-name ; * Will of the Lawis, Hab of the Schawls : To mak bair wawis Thay thinke na schame. Thay spuilye puir men of their pakis, Thay leif them nocht on bed nor bakis ; Baith hen and cok. With reil and rok, The Laird is Jok, All with him takis. * Owing to the marcbmen being divided into large clans, bearing the same sirname, individuals were usually distinguished by some epithet, derived from their place of residence, personal qualities, or descent. Thus, every distinguished moss-trooper had, what is here called, a to-name, or nom de guerre, in addition to his family name. clii Thay leif not spindell, spoone, nor speit ; Bed, boater, blanket, sark, nor scheit; Jobne of the Parke Ryps kist and ark; For all sic wark He is richt meit. He is weil kend, John of the Syde; A greater theif did never ryde. He never tyris For to brek byris; Ouir muir and myris Omr guide ane gyde. Thair is ane, callet Clement's Hob, Fra ilk puir wyfe reifis the wob, And all the lave, Quhatever they haife, The devil recave Thairfoir his gob. To sic grit stouth quha eir wald trow it, Bot gif some great man it allowit Rycht sair I trew, Thocht it be rew: Thair is sa few That dar avow it. cliii Of sum great men they have sic gait? That redy are thanie to debait, A nd will up weir Thair stolen geir; That nane dare steir Thame air nor late. Quhat causis theifis us ourgang, Bot want of justice us amang? Nane takis cair, Thocht all for fear; Na man will spair Now to do wrang. Of stouth thocht now thay come gude speid, That nother of men nor God has dreid ; Yet, or I die, Sum sail thame sie, Hing on a trie Qhhill thay be died Quo' Sir R. M. o/Lethington, knichi. cliv APPENDIX, No. IV. BOND Op ALLIANCE, OR FEUD STAUNCHING, BETWIXT THE CLANS OF SCOTT AND KER. The battle of Melrose (see Introduction, p. xvii.) occa- sioned 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, 1 529 years, contains, proports, and bears leil and suith- civ fast 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 An- drew 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 Allauhaugh, Robert Scot, tutor of How- paisly, John Scot of Roberton, and Walter Scot of Stirk" shaws, for themselves, their kin, friends, mentenants, ser- vants, assisters, and adherents, on the other part; in manner, form, and effect, as after follows : For staunch- ing 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 par- ties to others, and for unite, 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 ran- cour, hatred, and malice of their hearts ; and the said Wal- ter 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 friends pleases, for the clvi veil 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 Scott of Brauxholm shall marry his son and heir upon one of the said Walter Ker his sisters ; he paying, therefor, a com- petent 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 deliver- ance 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 said 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 nei- ther of them will another's skaith, but they shall let it at their power, and give to others their best counsel, and il be asked ; and shall take leil and aeftald part ilk ane clvii 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 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 Cess- ford, 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, Pais- ley, and Melrose. clviii APPENDIX, No. V. ANE INTERLUDE OF THE LAYING OF A GA1ST. I his 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. Listen lordis, I sail you tell, Off' ane very grit marvell, Oft' Lord Fergussis gaist, How raeikle Sir Andro it chest, clix Unto Beittokis bour, The silly sawle to succour : And he has written unto me, Auld storeis for to se, Gif it appinis him to nieit, How he sail conjure the spreit : And I haif red mony ^juars, Bath the Donet, and Dominus que pars, Ryme maid, and ajs redene, Baith Inglis and Latene : And ane story haif I to reid, Passes Bonitatem in the creid. To conjure the littil gaist he mon haif Of tod's tails ten thraif, And kast the grit holy water With pater noster, pitte.r patter; And ye man sit in a compas, v And cry, Harbert tuthless, Drag thou, and ye's draw, And sit thair quhil cok craw. The compas mon hallowit be With aspergis me Domine ; The haly writ schawis als Thair man be hung about your hals Pricket in ane wool poik Of neis powder ane grit loik. Thir thingis mon ye beir, Brynt in ane doggis eir, clx Ane pluck, ane pin dill, and ane palme cors, Thrc tuskis of ane awld hors, And of ane yallow wob the warp, The boddome of ane awld herp, The heid of ane cuttit reill, The band of an awld quheill, The taill of ane yield sow. And ane bait of blew wow, Ane botene, and ane brechame, And ane quhorle made of lame, To luke out at the littil boir, And cry, Crystis crosse, you befoir : And quhen you see the littil gaist, Cumand to you in all haist, Cry loud, Cryste eleisone, And speir quhat law it levis on > And gif it sayis on Godis ley, Than to the littil gaist ye say, With braid benedicite ; " Littil gaist, I conjure the, With lierie and larie, Bayth fra God, and Sanct Marie, First with ane fischis mouth, And syne with ane sowlis towth, With ten pertane tais, And nyne knokis of windil strais, With thre heid is of curie doddy." And bid the gaist turn in a boddy. clxi Then after this conjuratioun, The littill gaist will fall in soun, And thair efter down ly, Cryand mercy petously ; Than with your left heil sane, And it will nevir cum agane, As meikle as a mige amaist. * He had a littil we leg, And it wes cant as any cleg, It wes wynd in ane wynden schet, Baythe the handis and the feit : Suppose this gaist wes litill Yit it stal Godis quhitell ; It stal fra peteous Abrahame, Ane quhorle and ane quhim quhame ; It stal fra ye carle of ye mone Ane payr of awld yin so hone; It rane to Pencatelane, And wirreit ane awld chaplane ; This litil gaist did na mair ill But clok lyk a corn mill; And it wald play and hop, About the heid ane stre strop ; And it wald sing and it wald dance, Oure fute, and Orliance. * Apparently some lines are here omitted. VOL.1. 1 clxii Qaha conjurit the litill gaist say ye ? Nane bot the littil Spenzie fie, That with hir wit and her ingyne, Gart me gaist leif agane; And sune mareit the gaist the fie, And croun'd him king of Kandelie j And they gat theme betwene Orpheus king, and Elpha quene. * To reid quha will this gentil geist, Ye hard it not at Cockilby's feist, f * This seems to allude to the old romance of Orfeo and Heuro- dis, from which the reader will find some extracts, Vol. II. The wife of Orpheus is here called Elpha, probably from ber having been extracted by the elves, or fairies. t Alluding to a strange unintelligible poem in the Bannatyne MSS.,caJ.ed-Cocfc<%',**. jnitldu* o! clxiii APPENDIX, No. VI. SUPPLEMENTAL STANZAS TO COLLINS'S ODE . / .. THE SUPERSTITIONS OF THE HIGHLANDS. BY WILLIAM ERSKINE, Esq. ' ADVOCATE. J. he editor embraces this opportunity of presenting the reader with the following stanzas, intended to commemo- rate some striking Scottish superstitions, omitted by Col- lins 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 conti- clxiv nuation of the address, by Collins, to the author of Dou- glas, exhorting him to celebrate the traditions of Scot- land. They were first published in the Edinburgh Ma- gazine, for April, 1788. Thy muse may tell, how, when at evening's close, To meet her love beneath the twilight shade, O'er many a broom-clad brae and heathy glade, In merry mood the village maiden goes ; There, on a streamlet's margin as she lies, Chaunting some carol till her swain appears, With visage deadly pale, in pensive guise, Beneath a wither'd fir his form he rears ! * Shrieking and sad, she bends her irie flight, When, mid dire heaths, where flits the taper blue, The whilst the moon sheds dim a sickly light, The airy funeral meets her blasted view! When, trembling, weak, she gains her cottage low, Where magpies scatter notes of presage wide, Some one shall tell, while tears in torrents flow, That, just when twilight dimm'd the green hill's side, Far in his lonely shicl her hapless shepherd died. * The vraitk, or spectral appearance, of a person shortly to die, is a firm article in the creed of Scottish super-tit ion. .N or is it unknown in our sister kingdom. See the story of the beautiful lady Diana Kicb. Aubrey* Miscellanies, p. 8U. clxv Let these sad strains to lighter sounds give place ! Bid thy brisk viol warble measures gay ! For see ! recall'd by thy resistless lay, Once more the Brownie shews his honest face. Hail, from thy wanderings long, my much lov'd sprite ! Thou friend, thou lover of the lowly, hail ! Tell, in what realms thou sport'st thy merry night, Trailst the long mop, or whirl'st the mimic flail. Where dost thou deck the much-disordered hall, While the tired damsel in Elysium sleeps, With early voice to drowsy workman call, Or lull the dame, while mirth his vigils keeps f 'Twas thus in Caledonia's domes, 'tis said, Thou ply'dst the kindly task in years of yore : At last, in luckless hour, some erring maid Spread in thy nightly cell of viands store .- Ne'er was thy form beheld among their mountains more.* Then wake (for well thou canst) that wond'rous lay, How, while around the thoughtless matrons sleep, Soft o'er the floor the treach'rous fairies creep, And bear the smiling infant far away: How starts the nurse, when, for her lovely child, She sees at dawn a gaping idiot stare ! O snatch the innocent from demons vilde, And save the parents fond from fell despair ! * See Introduction, p. ci. clxvi In a deep cave the trusty menials wait, When from their hilly dens, at midnight's hour. Forth rush the fairy elves in mimic state, And o'er the moonlight-heath with swiftness scour : In glittering arms the little horsemen shine ; Last, on a milk-white steed, with targe of gold, A fay of might appears, whose arms entwine The lost, lamented child ! the shepherds bold * The unconscious infant tear from his unhallowed hold. For an account of the Fairy superstition, see Introduction to the Tale of Tamlane. n afsfnsm yizmi arfJ 3?m qaab s nl it'W Eta aiaura ot z r .noTt uA. i t A Ri 998 (0.afiiJr*isqiS fsi/fl Sift to iatt09 ne io-I * clxvii APPENDIX, No. VII. EXCOMMUNICATION OF BORDER ROBBERS. BY RICHARD FOX, BISHOP OF DURHAM, IN THE TIME OF HENRY VII. This very curious document, which contains some particulars highly illustrative of the state of Border manners, was given to the Editor by his valued friend, Richard Surtees, Esq. of Mainsforth, in the bishoprick of Durham, eminent for his knowledge of Border antiquities. RICHD. FOX. Bp. temp. H.J. MONITIO CONTRA FAMOSOS LATRONES DE TYNDALL ET RYDSDALL. JtiiCAKDUs permissionedivinaDunolm. Episcopus dilectis Nobis Mag ro - Georgio Ogle, A. M. necnon universis 'et singulis ecclesiarum parochialium infra yndalle et Rid- dysdale nostras dioces. constitutarumRectoribusetVicariis necnon Capellarum et Cantanarum, inibi Capellanis Cura- tis et non Curatis Salutem. Quia tam fama quam notorie- tate facti referentibus ad aures nostras delatum est quod vol. i. m clxx propter amorem, favorem, familiaritatem, affmitatem, et sanguinis conjunctionem, necnon, nominis, indemnita- tem hujusmodi furtis, latrociniis, rapinis, et depraedationi- bus aliquando tacite, interdum etenim expresse consenti- entes, fures ipsos, latrones, et depraedatores per eorum terras et districtus cum rebus, pecoribus et catallis, quae furati sunt, liberum habere transitum, scienter tolerant et permittant ; ac nonnunquam eosdem cum rebus, peco- ribus, et catallis raptis, depraedatis, et furti ablatis recep- tarunt, prout adhuc recipiunt indies et receptant, non ignorantes receptatores hujusmodi quoscunq. non minori poena dignos quam raptores, fures, latrones, et praedones : Nam si non esset qui foveret, reciperet, et confortaret, nullus rapinam, latrocitiium, depraedaliones hujusmodi comn.itteret, committereve auderet: Eodemq. delicto singulas villas, villulas, hamelectas dictarum partium de Tyndall et Ryddisdall laborare intelleximus, quod maxi- me abhorrendum est ; nam latrones, fures, raptores, de- praedatores famosos et manifestos sic, ut praefertur, reci- piunt, hospitantur, fovent, et nutriunt, ac inter eos etcum cisdem in partibus praesentibus, ut vicinossuos familiares, habitare permittunt, et ad eadem faciuora reiteranda invi- tant, et confortant publice, palam, et manifeste : Com- pluresq. capellanos, saepe nominatarum partium et terri- toriorum de Tyndalle et Ryddysdalle, publicos et mani- festos concubinarios, irregulares, suspensos, excommuni- catos, et interdictos, necnon literarum penitus ignaros, adeo ut per dccennium celebrantes, hec ipsa quidem ver- 13 clxxi ba sacramentalia, uti quibusdam eorum opponentes, ex- perti sumus, legere sciant ; nonnullos etiam non ordina- tos, sed sacerdotii effigiem duntaxat praetendentes, non modo in locis sacris et dedicatis, verum etiam in propha- nis et interdictis ac miserabiliter ruinosis ; necnon vesti- mentis ruptis, laceratis, et faedissimis, nee divino, immo nee humano officio aut servitio dignis, quibus, deum con- temnentes, induti Divina celebrare, Sacraq. et Sacramen- talia ministrare intelleximus. Dicti praeterea capellani supradictisfuribus, latronibus, depraedatoribus, receptato- ribus, et raptoribus manifestis et famosis, sacramenta et sacramentalia rainistrant, sine debita restitutione aut ani- mo restituendi, ut ex facti evidentia constat, sicq. eos si- ne cautione de restituendo, ecclesiasticae sepulturae, cum ex sacrorum canonum, et sanctorum patrum institutis haec facere districte prohibeutur, passim committant, in ani- marum suarum grave periculum, aliorumq. Cbristi fide- lium exemplum perniciosum plurimorumq. spoliatorum et privatorum bonis, rebus, pecoribus, et catallis suis hu- jusmpdi, damnum non modicum et gravamen. Nos igi- tur animarum hujus'modi malefactorum saluti providere cupientes, spoliatorumq. et privatorum bujusmodi jactu- ris et dispendiis paternali afFectu compatientes et quan- tum in nobis est, remedium in hac parte apponere, ut te- nemur, volentes, vobis omnibus et singulis Rectoribus, Vicariis, Capellanis, Curatis, et non Curatis praedictis te- nere praesentium, in virtute sanctoe obedientiae firmiter in- jungendo mandamus, quatenus proximis diebus domini- elxxii cis et festivis, inter missarum et aliorum divinorum so- lenmia in ecclesiis et capellis vestris, clum major in eis- dein aderit populi multitudo, omnes et singulos fures, la- trones, raptores, praedones, depraedatores, et eos praeser*- tim quos famosos et manifestos latrones, raptores, et de- praedatores fuisse et esse intelleximus, quorum nomina in praesenti rescripto sunt descripta, peremptorie moneatis, quos nos etiam tenore praesentiuiu primo, secundo, et ter- tio, ac peremptorie monemus, ut ipsi omnes et singuli ab hujusmodi incursionibus, turtis, latrociniis, rapinis,deprre- dationibus de caetero se abstineant et desistant, sub paena majoris excommunicationis sententiae, quam ex sacrorum canonum institutis incurrunt, sicq. eos et eorum quemli- bet incurrere volumus ipso facto. Citetis insuper, seu citari faciatis peremptorie omnes et singulos famosos et manifestos fures, latrones, raptores, et depraedatores, quorum nomina sunt in dorsu praesentis schedulae sive rescripti descripta, et eorum quemlibet, quod compareant, sicq. quilibet eorum compareat coram nobis aut nostro in hac parte, commissario in Galilea Ecclesiae nostras Catbedralis Dunelm. locoq. consistoriali ejusdem, sexto die post citationem, eis et eorum cuilibet in hac parte factam, si juridicus fuerit, alioquin proximo die juridico extnnc sequente, quo die nos aut commis- sarium nostrum hujusmodi ibidem ad jura reddend. hora consueta pro tribunali sedere contigerit, certis articulis et interrogator's, meram animarum suarum salutem et cor- rectionem concernentibus, coinmisssario eisdem et eorum clxxiii cuilibet in eorum adventu ex officio nostro mero objici- endis personaliter responsuri et parituri. Moneatis in- super sic, ut praemittitur, peretnptorie omnes et singulos ministros justitiae, caeterosq. viros nobiles et potentes, dic- tas partes et territoria de Tyudall et Ryddysdall, et loca vicina et circumjacentia inhabitantes, necnon omnes et singulos Capellanos, Curatos et non Curatos in eisdem partibus et territoriis de Tyudall et Ryddysdall divina ce- lebrantes, quatenus ipsi justitiae ministri etviri nobiles et potentes omnes et singulos fures et latrones, necnon rap- tores et depraedatores, in et ad partes et territoria de Tyn- dali et Ryddysdall cum rebus, pecoribus et catallis fur- tive oblatis confugientes, necnon omnes et singulos fures, latrones, et depraedatores in eisdem partibus et territoriis de Tyndall et Ryddysdall commorantes et degentes, praesertira famosos, publicos, notorios, et manifestos nul- latenus foveant, nutriant, aut coufortent, hospitentur, aut manuteneant, immo eosdem fures, latrones, et depraeda- tores quoscunq. ab eisdem partibus et territoriis de Tyn- dall et Ryddysdall amoveant, sicq. amoveri faciant et procurent, seu saltern eosdem fures, latrones, depraedato- res, et raptores quoscunq. capiant, sicq. capi facient eos- demq. rectificent et justificent. Capellani vero, Curati, et non Curati in eisdem partibus et territoriis divina celebrantes, hujusmodi fures, latrones, et depraedatores, saltern publicos, notorios, et manifestos ad sacramenta paenitentiae, eucharistiae, sepulturae, caete- ti&(. sacramenta aut sacramental ia sine debita restitution* clxxiv spoliatis facta aut sufficient! cautione de restituendo prac- stita, nisi in mortis ariiculo, et tunc ad sacramenta pae- nitentiae et eucharistiae duntaxat, non autem ad sepultu- ram, sub paeua suspensionis ab officio et bencficio, nulla- tenus admittant. Dcsiderantur sequentia, et conclusio, cum tranagresaorum nominibus propter hiatum quinq. foliorwn in registro. TESTIMONIALS LITERA DN1. EP1SCOP1 SUPER ABSOLUTION! QUORUNDAM LATRONLM, ET INJUNCTIONES. Ricardus permissione divina Dunelm. Episcopus uni- versis et singulis Hectoribtis, Vicariis, Capellanis, Curatis, et non Curatis quibuscuuq. curain animarum habentibus, infra territorium, de Tyndall et Ryddisdall nostra? dioces. Salutem, gratiam, et benedictionem. Sciatis Sandy Cli.i- relton, Crysty Milborn, Howy Milborne, Atkyn Milborn, filiiiiii Willielmi Milborn, Laury Robeson, Davy Robeson, Sandy Robeson, Gilly Tod of ye Crake aller of Smebe- mouth, George Tod, Rouly Tod, Tammy Tod, Sandy Tod of ye hhawe, George Mershall, Sandy Hunter, a sen- tentia excommunicationis, quam in eosdem, pro eorum contumacia promulgavimus, per nos absolutos esse, et comniunioni hominum ac sacris ecclesiae restitutes, seq. nostras correction! humiliter submittentes, injunctiones, salutaremve suscepisse paenitentiam, videlicet ut de cacte- ro rapinam, furtum, aut latrociuium publice, manifeste, vel occutte uon committant, nee al iqu is coram committat, clxxv aut talia committenti auxilium, consilium, vel favorem praestent, nee aliquis eorum praestet, seu talia committen- tium consilium quovismodo celent seu celet, celarive pro- curent seu procuret. Item quod post diem Merc, proxime futurum, viz. 26 diem mensis Septembrisjam instant non incedant nee aliquis eor. incedat pedes aut eques indic- tus subicinio Anglice a Jacke aut galea, Anglice a Salet or a Knapescall aut aliis armis defensivis quibusc. nee equitent aut eor. aliquis equitet super equo aut equa cujus valor, communi hominum aestimatione, excedet six soli- dos et octo denarios, nisi contra Scotos vel alios regis inimicos. Injungimus praeterea quod postquam ingressi fuerint vel eor. aliquis ingressus fuerit caemiterium, eccle- siae vel capellae cujuscunque infra territorium de Tynedall etRiddisdall ad divina inibi audiend. vel orationes inibi fa- ciend. seu aliaquaecunq. faciend. abjiciant seu deponant, sicq. eor. quilibet abjiciat et deponat arma invasiva quaec. si quae habeant, si ad longitudinem unius cubiti se exteu- dantetquamdiu fuerint seu aliquis eor. fuerit infra eand. ecc liam S eu capell. aut caemiter. ejusd. cum nullo, sermo- nem aut verbum habeat nisi cum Curato aut Sacerdote illius eccl : vel capellae sub paena excomm. majoris quam in eos et eorum quemlibet casu quo his nostris in- junctionibus aut uni eor. non paruerint cum effectu exnunc prout extunc et extunc prout exnunc promulgamus, in scriptis justitia mediante vobis igitur &c. Dat. in castro nro de Norham sub s. n r0 - 25 die mens. Sept. A. D. 1498, dxxvi APPENDIX, No. VIII. DOUBLE OF THE CONTRACT BETWIXT THE KING AND SEVERAL OF HIS SUBJECTS. [The original of this curious brief, by which the borderers re- nounced their vocation of theft and robbery, is in the hands of the Editor, whose ancestor is one of the parties subscri- bing. Similar bonds were doubtless executed by the other clans; among whom copies would be distributed for their subscription. This appears to have referred chiefly to the clan of Scott.] We noblemen, barrons, landit gentilmen, and uthers, under subscryveing, deiply considering with ourselves the wrackfull and intolerable calamities sue long sustain- ed be us, our fiends, our servants, and inhabitants, upon proper lands and heretages, at the hands of theives and murtherersj within the Highlands and bordours ; whereby clxxvii our bloods have been cruelly shed, our goods be opin de- predation violetitlie reft and spuilzied, and our most plen- tiful! and profitable roumes, for fear of their incursions and oppressions, left desolat and desert, without teniient or inhabitant, to our inexcuseable reproach and shameful wrack, if wee sail any longer neglect to use sic lawfull and allowable remedies as God, our honor, and the me- morable examples of our worthie predecessors, still ex- tant in the records of ther days, craves at our hands, for the repressing of their insolence : And, considering ther- withall, the royall and princelie disposition of our most gracious soverane lord, utterit everie way for the sup- pressing of this infamous byke of lawless limmers, and quhat earnest and faithful! dutie our ranks and places craves of us, for the furtherance of his majesties most honorable resolution at this tyme, for the extermination of sic a venime, whereby our oursights hithertill has bein na litle hinder to the good success of the great care and paynes tane alwayes be his highness and his secret coun- sell, to work the said effect : Thairfore, and for remeid of our bypast slouth that way, in the fear of God, and with his majesties gracious approbation and allowance, we all and everie ane of us, have solemnly avowit, sworne, and protestit, lyke as, be the tenor heirof we avow, swear, and protest, upon our consciences and honors, that, as we are in hearts trew and faithfull, and obedient subjects, to the king's majestie, our sovereign lord and his authontie, and alwayes answerable to his hienes lawes ; so, in our clxxviii hearts, we abhorre.dampne, and detest all treason, murther, fire-ryseing, reviseing of women, thift, resset of thift, for- iifeieng or assisting with theives, shedding of true mens blood, common and manifest oppression, resset of per- sons exromtnunicat, or at the home, for criminall causes, with the authors and committers thereof whatsumever; in further taken whereof, we bind and obleis us, our aires and successors of our lands and heretages, to our soverane lord and his successors, that, within ten dayes after our subscription to this present, we sail discharge, and be oppin proclamation at the mercat-croces of heid-bur- rowes within the shrifdomes, quherin the theives and limmers dwell, as also, be particular intimation to thein- selfs, give up all bands of freindship, kyndnes, oversight, maintenance, or assureance, if ony we have, with com- mon theives and broken clans or branches, unanswereable to his luenes lawes : and sail, fra then furth, afVauldlie and truelie, joyne and concune together, als weill in ac- tion as in heart, to the pursute, with tire and sword, of all and whatsumever within this realme, of whatsumever clane, qualitie, or surname, who being charged, be opin proclainacione, to compeir to answer to complaints, and to relieve ther masters at his majestie and true mens hands, are or sail for ther disobedience be denunced fu- gitives and outlawes, together with whatsoever ther per- takers, supliers, and recepters, and all sic other, as frae thetyme they be denunced fugitives, sail furnish to them, ther wyfes or families, meat, drink, herbore, or other clxxix confort quhatsumever : As lykevvayes we bind and obleis us, in nianer forsaid, that if any persone, dwelling within our houses, upon our lands, within our tackes, steadings, roumes, portiounes, ballieries, or other office or jurisdic- tion quhatsumever, commits ony of the crymes before expreimit, or any uther punishable be lyfe or member, we, or any of us, under quhom the said persone dwells, being required thereto be his majesties letters, valentynes, or charges, or be his highnes consell or justice, sail nei- ther directlie, nor indirectlie, give any warning or adver- tisement to him, quherby he may eschew his taking; but trewlie and effauldlie sail apprehend, bring and pre- sent him to underly his tryell of the cryme quherof he is dilatit, upon fiftein dayes warneing, without shift or excuse quhatsumever, as we sail ansuer to his majestie upon our honors, and under the paynes contained in the general 1 bond and acts of parliament quhatsumever ; and sail be comptable to our soverane lord and his hienes thesaurer, for their escheats, in cace they be convict; and, in cace the persone or persons sa dilatit, becomes fugitives, wherby we cannot apprehend them to be pre- sentit, we sail expell, put and hold them furth of our bounds, heretages, tacks and steidings, roumes, bailliaries, and jurisdictions quhatsunfever, togither with ther wyfes, bairnes, and families, and sail take fra them their stocke and steiding, and put in other persones to occupy the same ; and if it sail happin the saids malefactors to resort or come again within our bounds, or be sufferit to remain clxxx therein, with our witting, twelff hours togithir, or to re- pair with our knowledge to oppin tnercat unapprehendit, in that cace we grant and confes us to be culpable of quhatsumever crymes or skaithes committit be them at any time before or therefter : And if it shall happen at any tyme heirefter, ony creatures, rebells to our soverane lords authoritie, for criminall causes, to repair within our bounds, or any pairt of the shirriffdome quharein we dwell, we sail be readie to ryse and concurre, with our freinds and forces, to ther pursute, till they be either ap- prehendit and presented to justice, or put out of the shi- riffdome quharein we dwell ; moreover, none of us her- after sail tryst or assure with any declared theeves or fu- gitives, but quhensoever any effray of theeves or reivers happens within our bounds or jurisdictions forsaids, we sail at the affray or forray be ourselves, our servants, kin, freinds, and sae many partakers as we may get, ryse, follow, and pursue the saids theeves and reivers, at the outermost of our power, as we wold doe to the rescue of our owne propper goods in cace they were in the lyke danger, being alwayes warned thereto, be the scout-bail- lie in the countrie, requisitione of partie, or otherwayes quhatsumever : And if it be found, that we ly still at sic- like effrayes, and suffers the stids theeves and rubbers to pass throw our boundis, without pursueing them and making uther thorture or impediment we may, in that cace we accept on us the guiltiness of quhatsumeuer theft or uther cryme that they commit, as perters with them theriii clxxxi and punisheable therefore, conforme to the act of parlia- ment : And if it shall happin any stowth, reiff or op- pression to be committed at any tyme heirefter, upon any his hienes subjects, be any inhabitants within our boundis and jurisdictions forsaids, the same being notified to us be the owners of the goods or any uther follower therof in ther names, and the persone and place showin to us be cjuhom the gudes are stollen, and quhar they are resett within our boundis, we sail, imnaediatlie therefter, be ourselves, or be some speciall freind or servant, ayde and addresse us to the said place, and finding the goods ther, shall sie them rendered to the follower, without gratitude or good deid, and therewith sail apprehend the theif, if he be present on the ground, or can be found within our bounds, then, or at any tyme therefter, and present him to his majestie, or to his justice, to be punished -according to his merit ; or, if we cannot find him, we sail intimate his name to the shrifT, Stewart, or wardaae, to be denun- eed Fugitives be them at the mercat-croce of the next heidburgh, that he* his wyfe, and familie, therefter may be used in manner foresaid : Likewayes, that nane of us heirefter sail, either opinlie or privilie, for any theif- hider, entertainer, or resetter, of theft or theftous goods, assist nor defend them directlie nor indirectly, solist for their impunitie, or bear grudge, rancoure, or quarrell againes any man for their dilatione, apprehension, or pursute in any sort, under the paine of infame and ac- ceptance upon us of the guiltines of the said cryme, in 3 clxxxii cace they be convict : And if it sail happen us, or any of us, at ony tyme heirefter, to meit with ony notorious theif or lymmer, whom we may tak, we sail not faillie to apprehend, keip, and detaine him, in sure capptivitie and firmance, unfred or set to libertie, upon quhatsumever band, promise, restitutione, or assurance, he can giue us; but sail present him to his majestie, his counsellor, jus- tice, to be punished for his offence, under the paine, like- wayes, to be repute culpable of his theftuous deids, and punishable accordinglie : And finallie, that we ourselves and all sic persons quhatsumever, as dwells upon our lands and others forsaids, sail alwayes be answerable to our so- verane lord and his auctoritie, and sail compeir before his hieness and his counsell. quhensoever we shall happin to be charged for that effect, under the paines contained in the acts of caution found for observation of the generall bands : And gif for execution of any of the premisses, we, or any of us, be quarrelled be ony clan, brensche, or surname, to quhom the theeves pertaines, we bind and obleis us and our foresaids, affauldlie and t rut lie, to con- curre and assist with others against the brensch, surname or clann that quarrells, as if it were our proper caus ; and sail esteem the feid, if any follow, equall to us all. In witness quhareof, our soverane lord, in taken of his said approbation, and allowance of the premisses, and evere ane of us, for us and our forsaids, have subscryvit this present, to be insert and registrat in the books of the se- cret counsell, and to have the strength of ane decreit clxxxiii thereof against the contraveiners. Wherunto our sub- scriptions sail serue for aae sufficient warrand for eye- rie ane of us. This band, written be William Wyllie, clerk, Sic subscribitur. James R. Lenox, Huntlie, Mon- tross Cancellarius, Anguss, Herys, Caithness, Traquair, Lochinvar, Johnstoun, Drumlangric, David Scot of Stob- aeill. Apud Jedburgh, 29th March, 1612, Walter Scot of Goldielands, Walter Scot of Tishelaw, Robert Scot, his sone, James Gledstanes of Cocklaw, William EUiot of Falneish, Robert Scot of Satsheills, Walter Scot of Har- den, Sym Scot of Bonniton, and William Scot in Burn- fute in the Water of Aill, with our hands at the pen, led be James Primerose, clerk of consell, at our comand. J. Primerose, Robert Scott in Stirkfield, with hand at the pen led be William Wyly, wryterof this baud. William Scot of Hartwoodmyres, Philip Scot of Dryhop, Robert Scot of Aikwood, William Scot of Howpasl. Jedburgh, 29th of October, 1612, William Scot of Whythaught, James Scot of Gilmerscleugb, and John Dalgleish of Douchar, with our hands at the pen led be William Wylie, clerk. W. Wyllie. MINSTRELSY OF THE SCOTTISH BORDER. PART FIRST. tetortcal Lallan*. VOL. I. .aae . 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, * collated with several ver- ses, 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 &ir Pa- trick Spens' voyage is, however, pointed out distinctly ; and it shews, tint the song has claim to high antiquity, as referring to a very remote period in Scottish history. That the public might possess this curious fragment as entire as possible, the editor gave one of these copies, which seems the most perfect, to Mr Robert Jamieson, to be inserted in his Col- lection. It also has been published with many curious illustra- tions in Mr John Finlay's Scottish Historical and Romantic Bal- lads. Glasgow, 1808, 12 4 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 Nor- way. She was the only offspring of a marriage betwixt Eric, king of Norway, and Margaret, daughter of Alex- ander 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 enter- ed into a congress with the ministers of the king of Nor- way, and with those of England, for the establishment of good order in the kingdom of the infant princess. Short- ly 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 Bri- tain into one kingdom. But Eric of Norway seems to have been unwilling to deliver up his daughter; and, while the negotiations were thus protracted, the death of the Maid of Norway effectually crushed a scheme, the consequences of which might have been, that the distinc- tion betwixt England and Scotland would, in our day, have been as obscure and uninteresting as that of the realms of the heptarchy. Hailcs' Annals. Fordun, 4c The unfortunate voyage of Sir Patrick Spens may real- ly 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 tradi- tion. 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 pro- bable ; and, having been delayed in Norway, till the tem- pestuous season was come on, its fate can be no matter of surprise. The ambassadors, finally sent by the Scot- tish nation to receive their queen, were Sir David Wemyss of Wemyss, and Sir Michael Scot of Balwearie j"the same, whose knowledge, surpassing that of his age, procured him the reputation of a wizard. But, perhaps, the expedi- tion of Sir Patrick Spens was previous to their embassy. The introduction of the king into the ballad seems a de- viation 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 Dunfermline 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 Dunfermline. There is a beautiful German translation of this ballad, as it appeared in the Reliques, in the Volk-Lieder of Pro- fessor 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. The king sits in Dunfermline town, Drinking the blude-red wine ; " O * whare will I get a skeely skipper, *J* " To sail this new ship of mine !" O up and spake an eldern knight, Sat at the king's right knee, " Sir Patrick Spens is the best sailor, * That ever sail'd the sea." Our king has written a braid letter, And seal'd it with his hand, And sent it to Sir Patrick Spens, Was walking on the strand. * In singing, the interjection O, is added to the second and fourth lines. t Skeely skipper-^SkWfal mariner. I " To Noroway, to Noroway, ** To Noroway o'er the farm ; " The king's daughter or* Noroway, * Tis thou maun bring her name." The first word that Sir Patrick read, Sae loud loud laughed he; The neist word that Sir Patrick read, The tear blinded his e'e. * O wha is this has done this deed, " And tauld the king o' me, * To send us out, at this time of the year, * To sail upon the sea ? " Be it wind, be it weet, be it hail, be it sleet, * Our ship must sail the faem ; * The king's daughter of Noroway, " Tis we must fetch her hame." They hoysed their sails on Monenday morn, Wi' a' the speed they may ; They hae landed in Noroway, Upon a Wodensday. 9 They hadna been a week, a week, In Noroway, but twae, When that the lords o' Noroway Began aloud to say, " Ye Scottishmen spend a' our king's goud, " And a' our queenis fee." " Ye lie, ye lie, ye liars loud ! " Fu' loud I hear ye lie. " For I brought as much white monie, " As gane * my men and me, And I brought a half-fou f o' gude red goud, Out o'er the sea wi' me. u Make ready, make ready, my merrymen a'! " Our gude ship sails the morn." " Now, ever alake, my master dear, " I fear a deadly storm! " I saw the new moon, late yestreen, " Wi' the auld moon in her arm; " And, if we gang to sea, master, " I fear we'll come to harm." * Gane Suffice. f Half-fou the eighth part of a peck. 10 They hadna sailed a league, a league, A league but barely three, When the lift grew dark, and the wind blew loud, And gurly grew the sea. The ankers brak, and the topmasts lap, * It was sic a deadly storm; And the waves cam o'er the broken ship, Till a' her sides were torn. " O where will I get a gude sailor, " To take my helm in hand, * Till I get up to the tall top-mast, " To see if I can spy land I" * O here am I, a sailor gude, * To take the helm in hand, * Till you go up to the tall top-mast ; " But I fear you'll ne'er spy land." He hadna gane a step, a step, A step but barely ane, When a bout flew out of our goodly ship, And the salt sea it came in. Lap- Sprang. 11 H Gae, fetch a web o* the silken claith, " Another o' the twine, * And wap them into our ship's side, " And let na the sea come in." They fetched a web o' the silken claith, Another of the twine, And they wapped them round that gude ship's side, But still the sea came in. O iaith, laith, were our gude Scots lords To weet their cork-heel'd shoon ! But lang or a' the play was play'd, They wat their hats aboon. And mony was the feather-bed, That flattered * on the faem ; And mony was the gude lord's son, That never mair cam hame. The laidyes wrang their fingers white, The maidens tore their hair, A' for tlie sake of their true loves ; For them they'll see na mair. * Flattered Fluttered, or rather floated, on the foaie. H O lang, lang, may the ladyes sitj, Wi' their fans into their hand, Before they see Sir Patrick Spens Come sailing to tbe strand ! And lang, lang, may the maidens sit, Wi' their goud kaims in their hair, A' waiting for their ain dear loves ! For them they'll see na niair. O forty miles off Aberdeen, Tis fifty fathoms deep, And there lies gude Sir Patrick Spens, Wi' the Scots lords at his feet. J3 NOTES ON SIR PATRICK SPENS. To send us out at this time of the year, To sail upon the iea ! P. 8. v. 3. By a Scottish act of parliament, it was enacted, that ni ship should he freighted out of the kingdom, with any staple goods, betwixt the feast of St Simon's day and Jude and Can- delmas. James III. Parliament Id, chap, 15. Such was the terror entertained for navigating the north seas in winter. When a bout flew out of our goodly ship. P. 10. v. 5. I believe a modern seaman would say, a plank had started ; which must have been a frequent incident during the infancy of ship-building. Mr Finlay, however, thinks it rather means that a bolt gave way. 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. Chau- cer says, " There uis na new guise that it na'as old." 14 O forty miles off Aberdeen. P. 11. v. 3. This concluding verse differs in the three copies of the bal- lad, which I have collated. The printed edition bears, " Have owre, have owre to Aberdonr j" And one of the MSS reads, " At the back of auld St Johnstone Dykes." Bat, 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 f land. 15 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 Ettrickj and is published, as written down from the recitation of the mother of Mr James Hogg, * who sings, or rather chaunts it, with great animation. She learned the ballad from a blind man, who died at the ad- vanced 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, which the reciters have retained without understanding them, still preserve traces of its antiquity. Such are the words * This old woman is still alive, and at present resides at Craig of Douglas, in Selkirkshire, 16 Springals (corruptedly pronounced Springwalh), soxaiet, portcullize, and many other appropriate terms of war and chivalry, which could never haye 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 edi- tor has, therefore, been induced to illustrate them, at considerable length, by parallel passages from Froissart, 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. Domi- t>us Ricardus de Mautlant gave to the abbey of Dryburgh, " Terras suas de Haubentside, in laritorio suo de Thirlc~ " slum, pro salute aninuv sua;, et sponscc sua, antccessorum " suo rum et successorum suortan, in perpeluum."* He There exists also an indenture, or bond, entered into by Pa- trick, abbot of Kcl-au, and his convent, referring to an engage- ment betwixt them and Mr Richard Maitland, and sir William, his eldest son, concerning thr lands of Hedderwickc, and the pastur- ages <>r I hiil! -tane and HI \ the. This Patrick was abbot of Kel- so, betwixt 1258 and 1260. 17 also gave, to the same convent, " Omnes terras^ quas Wal- " terus de Giling tenuit infeodo suo de Thirlestane, et pas- " tura ineommuni 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 tradi- tions 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 un- equalled, 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 fol- lowing parallel betwixt his domestic misfortunes and those of the first Sir Richard, his great ancestor : Sic destanie and derfe devoring deid Oft his own nous in hazard put of auld ; Bot your forbeiris, frovard fortounes steid And bitter blastes, ay buir with breistis bauld ; Luit wanweirdis work and waiter ay they wald, Thair hardie hairtis hawtie and heroik, For fortounes feid or force wald never fauld ; But stormis withstand with stomak stout and stoik. Renowned Itichert of your race record, Quhais prais and prowis cannot be exprest ; Pilair lustie lynyage nevir haid ane lord, For he begat the bauldest bairnis and best, Maist manful men, and madinis most modest, That ever wes syn Pyramus tym of Troy, But piteouslie thai peirles perles apest, Bereft him all bot Buird-allane, a boy. VOL. I. B 18 jjini-Hfo was aiget, his hous hang be a har, Duill and distres almaist to deid him draife; Yet Burd-allane, his only son and air, As wretched, vyiss, and valient, as the (aire, Hi- hous uphail'd, quhilk ye with honor halve. So nature that the lyk invyand name, In kindlie cair dois kindly courage craif, To follow him in fortoune and in fame. Richerd he wcs, Iiicherd ye are also, And Maitland als, and magnanime as he; In als great age. als wrappit are in wo, Sewin sons t ye haid mi:,lit contra vai'.l his thrie, Bot Burd-allane ye haive behind as he : The lord his linage so inlarge in iyne, And niony hundreith nepotis grie and grie Sen Ricuert wes as hundrcth yeiris are byne. An Consolator Ballad to the Richt Honorabill Sir Richert Maitlund of Lclhingtoune. Maitland MSS. in Library of Edinburgh University. Sir William Mautlant, or Maitland, the eldest and sole surviving son of Sir Richard, ratified and confirmed, to the monks of Dryburgh, " Omnes terras anas Domimts " Ricardus de Mautlant pater suits fecit dictis monachis * i. t. Similar family distress demands the same family conrage. + Sewin ion This must include sons-in-law ; for the last Sir Richard, like bis predecessor, had only three sons, namely, I. Wil- liam, the famous secretary of Queen Mary; II. Sir John, who alone survived him, and is the Burd-allane of the consolation; III. Thomas, a youth of great hopes, who died in Italy. But he had four daughters, married to gentlemen of fortune. Pinkerton'y List of Scottish Toets, p. 114. J Grie and grie In regular descent ; from gre, French. 19 " in territorio suo de Thirkstane." Sir William is sup- posed 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 erect- ed 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 Ed- ward I., for the pleasure of slaying him by the hand of voung Maitland, is a poetical licence ; * 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 invete- rate hatred against the English, founded upon the usurpa- tion 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 : f * Such liberties with the genealogy of monarchs were common to romancers. Henry the Minstrel makes Wallace slay more than one of King Edward's nephews; and Johnie Armstrong claims thtf merit of slaying a sister's son of Henry VIH. t It is impossible to pass over this curious list of Scottish ro- mances without a note j to do any justice to the subject would re- 20 I saw Raf Coilvcar with his tlirawin brow, Crabit John the Reif, and auld Cnwkilbeis Sow ; And how the w ran ram out of Ailsay, And Peirs Plowman, that meid his workmen few ; Gret Gowmacmorneand Fyn Mac Cowl, and how They suld be goddis in Ireland, as they say. Thair saw I Maitland upon auld bierd gray, Robin Hude, and Gilbert with the quhite hand, How Hay of Nauchton flew in Mad in land. In this curious verse, the most noted romances, or po- pular histories, of the poet's day, seem to be noticed. The preceding stanza describes the sports of the field : and quire an essay. Raf Coilyear is said to have been printed by Lek- previk, in 157?; but no copy of the edition is known to exist, and the hero is forgotten, even by popular tradition. John the Reif. as well as the former personage, is mentioned by Dunbar, in one of his poems, where he stiles mean persons, Kyne of Rauf Colyard, and Johne the Reif. They seem to have been robbers ; Lord Ilailes conjectured John the Reif to be the same with Johnie Armstrong; but, surely, not with his usual accuracy ; for the Police of Honour was printed twenty-eight > ears before Johnie's execution. John the Reif is mentioned by Lindesay, in his tragedy of Cardinal Beatouru disagysit, like John the Raif, he geid. Cowkilbeis Sow is a strange legend in the Bannatyne MSS. See Complaynt of Scotland, p. 181. How the wren came out of Ailsay. The wren, I know not why, is often celebrated in Scottish song. The testament of the wren is still sung by the children, beginning, The wren she lies in care's nest, Wi* meikle dole and pyne. This may be a modification of the ballad in the text 21 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, refer- ring to Maitland, is obviously corrupted ; the true read- ing was, probably, " with his auld beird gray." Indeed Peirt Plowman is well known. Under the uncouth names of Gow Mac Morn, and of Fyn Mac Cowl, the admirers of Ossian are to recognise Gaul, the son of Morni, and Fingal himself; hen quantum mutatus ab illo ! To illustrate the familiar character otRobinHood, would be an insult to my readers. But they may be less acquainted with Gil- bert with the White Hand, one of his brave followers. He is men- tioned in the oldest legend of that outlaw ; Ritson's Robin Hood, p. 52. Thryes Robin shot about, And al way he slist the wand, And so dyde good Gylbtrte With the White Hand. Hay of Nachton I take to be the knight, mentioned by Wintown, whose feats of war and travel may have become the subject of a romance, or ballad. He fought, in Flanders, under Alexander, Earl of Mar, in 1403, and is thus described : Lord of the Nachtane, schire William, Ane honest knycht, and of gud fame, A travalit knycht lang before than. And again, before an engagement, The Lord of Nachtane, schire William The Hay, a knycht than of gud fame, Mad schire Gilbertc the Hay, knycht. Cronykil, B. IX. c. 27. I apprehend we should read, " How Hay of Nachton slew in " Madin Land." Perhaps IVIadin is a corruption for Maylin, or Milan Land. the whole verse is full of errors and corruptions; which js the greater pity, as it conveys information, to be found uo where else. The descendant of Auld Maitland, Sir Richard of Le- thington, 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 Lethington, which he had built, or greatly im- proved, 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 address- ed to the castle of Lethington : And bappie art thou sic a place, That few thy mak are sene : But > it mair happie far that race To quhome thou dois pertene. Quhadois not knaw the Maitland bluicf, The best in all this land ? Tn quhilk sumtyme the honour stuid And worship of Scotland. It 23 Of auld Sir Richard, of that name, We have hard sing and say ; Of his triumphant uohill fame, And of his auld baird gray. And of his nobill sonnis three, Quhiik that tyme had no maik ; Quhilk maid Scotland renounit be, And all England to quaik. Quhais luifing pray sis, maid trewlie, Lfter that simple tyme, Ar sung in raonie far countrie, Albeit, in rural rhyme. And, gif I dar the trueth declair, And nane me fleitschour call, 1 can to him find a compair, And till his barnis all. 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 situa- tion 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 win- " ter 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 generations ; 24 " although, no doubt, had a copy been taken, at the end " of every fifty years, there must have been some difier- " ence, 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. 25 AULD MAITLAND. There lived a king in southern land, King Edward hight his name ; Unwordily he wore the crown, Till fifty years were gane. He had a sister's son o's ain, Was large of blood and bane ; And afterward, when he came up, Young Edward hight his name. One day he came before the king, And kneel'd low on his knee " A boon, a boon, my good uncle, " I crave to ask of thee ! 26 * At our lang wars, in fair Scotland, * I fain hae wished to be; m If fifteen hundred waled * wight men * You'll grant to ride wi' me." * Thou sail hae thae, thou sail hae inae j " I say it sickerlie ; * And I mysell, an auld gray man, * Array'd your host sail see." King Edward rade, king Edward ran I wish him dool and pyne ! Till he had fifteen hundred men Assembled on the Tyne. And thrice as many at Berwicke + Were all for battle bound, Who, marching forth with false Dunbar, A ready welcome found. They lighted on the banks of Tweed, And blew their coals sae het, And fired the Merse and Teviotdale, All in an evening late. * Waled Chosen. f North-Berwick, according to some reciters. 27 As they fared up o'er Laramermore, They burned baith up and down, Untill they came to a darksome house ; Some call it Leader-Town. " Wha hauds this house ?* young Edward cry'd, " Or wha gies't ower to me i" A gray-hair'd knight set up his head, And crackit right crousely : " Of Scotland's king I haud my house ; * He pays me meat and fee ; " And I will keep my gude auld house, f* While my house will keep me." They laid their sowies to the wall, Wi' mony a heavy peal ; But he threw ower to them agen Baith pitch and tar barrel. With springalds, stanes, and gads of aim, Among them fast he threw; Till mony of the Englishmen About the wall he slew. 28 Full fifteen days that braid host lay, Sieging auld Maitland keen, Syne they hae left him, hail and fair, Within his strength of stane. Then fifteen barks, all gaily good, Met them upon a day, Which they did lade with as much spoil As they could bear away. * England's our ain hy heritage; * And what can us withstand, " Now we hae conquer'd fair Scotland, * With buckler, bow, and brand ?" Then they are on to the land o' France, Where auld King Edward lay, Burning baith castle, tower, and town* That he met in his way. * Untill he came unto that town, Which some call Billop-Grace; There were Auld Maitlaud's sons, a' three, Learning at school, alas i 29 The eldest to the youngest said, " O see ye what I see ? * Gin a' be trew yon standard says, * " We're fatherlesse a' three. " For Scotland's conquer'd, up and down; " Landmen we'll never be : " Now, will ye go, my brethren two, * And try some jeopardy ?" Then they hae saddled twa black horse, Twa black horse, and a grey; And they are on to King Edward's host, Before the dawn of day. When they arriv'd before the host, They hover'd on the lay " Wilt thou lend me our king's standard, " To bear a little way?" " Where was thou bred ? where was thou born ? ** Where, or in what country ?" " In north of England I was born :" (It needed him to lie.) * Edward had quartered the arras of Scotland with his own. so u A knight me gat, a lady bore, " I'm a squire of high renowne; " I well may bear't to any king, " That ever yet wore crowne." " He ne'er came of an Englishman, " Had sic an e'e or bree ; " But thou art the likest Auld Maitland, * That ever I did see. u But sic a gloom on ae brow-head, * Grant I ne'er see agane ! * For mony of our men he slew, " And mony put to pain." When Maitland heard his father's name, An angry man was he! Then, lifting up a gilt dagger, Hung low down upon his knee. He stabb'd the knight, the standard bore, He stabb'd him cruellie; Then caught the standard by the neuk, And fast away rode he. 31 " Now, is't na time, brothers/ he cried, * Now, is't na time to flee ?" " Ay, by my sooth !" they baith replied, " We'll bear you company." The youngest turn'd him in a path, And drew a burnished brand, And fifteen of the foremost slew, Till back the lave did stand. He spurr'd the grey into the path, Till baith his sides they bled M Grey ! thou maun carry me away, " Or my life lies in wad ?" The captain lookit ower the wa', About the break o' day ; There he beheld the three Scots lads, Pursued along the way. " Pull up portcullize ! down draw-brigg ! " My nephews are at hand ; " And they sail lodge wi' me to-night, " In spite of all England." - 32 Whene'er they eame within the yate/ They thrust their horse them frae, And took three lang spears in their hands, Saying, " Here sail come nae mae !" And they shot out, and they shot in, Till it was fairly day ; When mony of the Englishmen About the draw-brigg lay. Then they hae yoked carts and wains, To ca' their dead away, And shot auld dykes aboon the lave, In gutters where they lay. The king, at his pavilion door, Was heard aloud to say, " Last night, three o' the lads o' France " My standard stole away. * Wi' a fause tale, disguis'd, they came, * And wi' a fauser trayne ; * And to regain my gaye standard, " These men were a' down slayne." 33 * It ill befits," the youngest said, ' Till born on a bier-tree." 39 NOTES ON AULD MAITLAND. Young Edward hight his name, P. 25. v. 2. Were it possible to find an authority for calling this person- age Edmund, we should be a step nearer history ; for a bro- ther, though not a nephew of Edward I., so named, died in Gascony during an unsuccessful campaign against the French. Knighton, Lib. III. cap. 8. J wish him dool and pyne P. 26. v. 3. Thus, Spenser, in Mother Huberts tale Thus is this ape become a shepherd swain, And the false fox his dog, God give them pain! Who, marching forth with false Dunbar, A ready -welcome found. P. 26. v. 4. These two lines are modern, and inserted to complete the verse. Dunbar, the fortress of Patrick, Earl of March, was 40 too often opened to the English, by the treachery of that baron, during the reign of Edward I. They laid their soviet to the wall., Wi' mony a heavy peal. P. 27. v. 4. In this and the following verse, the attack and defence of a fortress, during the thirteenth and fourteenth centuries, is de- scribed accurately and concisely. The sow was a military en- gine, resembling the Roman tettudo. 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, Mon- tague, Earl of Salisbury, who commanded the besiegers, caused one of these engines to be wheeled up to the wall. The coun- tess, who, with her damsels, kept her station on the battle- ments, and affected to wipe off with her handkerchief the dust raised by the stones hurled from the English machines, await- ed the approach of this new engine of assault. " Beware, Mon- " tague," she exclaimed, while the fragment of a rock was dis- charged from the wall " Beware, Montague ! for farrow shall * thy sow!''* Their cover being dashed to pieces, the assail- ants, 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 Hones' Annals, Vol. II. p. 89. Winton's Crony- kil, Book VIII. William of Malmesbury, Lib. IV. The memory of the tow is preserved in Scotland by two trif- ling circumstances. The name given to an oblong hay-stack, This sort of bravade seems to have been fashionable in those timet : " Etavec drapeaux, et leurs chaperons, its torchoient les " mure a )' endroit, ou les pierres venoicnt frapper." Notice det Mawcritt de la Bibliotheqve Rationale. 41 is a 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 sozcie, endeavouring to hit it, by throwing single cherry-stones, as the sow was formerly battered from the walls of the besieged for- tress. My companions, at the High School of Edinburgh, will remember what was meant by herrying a sozcie. 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 con- sume the formidable machines of the English. Thus, at a fa- bulous siege of York, by Sir William Wallace, the same mode of defence is adopted : The Englishmen, that cruel were and kene, Keeped their town, and fended there full fast ; Faggots of fire among the host they cast, Up pitch and tar on feil sowis they lent ; Many were hurt ere they from the walls went ; Stones on Springalds they did cast out so fast. And goads of iron made many grome agast. Henry the Minstrel's History of Wallace. B. 8. c. 5. 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. And thai, that at the sege lay, Or it was passyt the fyft day, Had made thaim syndry apparall, To gang eft sonys till assaill. Off gret gests a sow thai maid, That stalwart heildync aboyne it haid j With armyt men inew tharin, And instruments for to myne. 412 Syndry scaffolds thai maid withal), That war wele heyar than the wall, And ordanyt als that, be the se. The town suld weill assaillyt be. Thai within, that saw thaim swa, Swa gret apparaill scbap to ma, Throw Craby's cunsaill, that wes sley, A crane thai haiffgert dress up hey, Rynnand on quheills, that thai micht bryng It quhar that nede war off helping. And p\ k, and ter, als baiff thai tane ; And l\nt, and herds, and brymstane; And dry trey is that wele wald brin, And mrlh i aytbir other in : And grct fagalds thairoff thai maid, Gyrdyt with irne bands braid. The fagalds weill mjcht mesuryt be, Till a gret towrys quantite. The fagalds bryning in a ball, With thair cran tboucht till awaill t And gift" the sow come to the wall, To lat it brynand on her fall ; And with stark chenyeis hald it thar, Quhill all war brynt up that thar war. Upon sic maner gan thai fycbt, Quhill it wes ner none off the day, That thai without, on gret aray, Pryssyt thair sow towart the wall ; And thai w ithin sone gert call The engynour, that takya was, And gret menanre till hym mail, And .- our that be suld dey, bot be Prowyt on the sow sic suteltc That he to fruschyt ilk dele, And he, that hath persawyt wele That the dede wes wele ner hym till, Bot giff he mycht fulfil thair will Tboucht that be at hys mycht wald do. 43 Bendyt in gret by then wes sche, That till the sow wes ewynset. In hy he gert draw the cleket ; And smertly swappyt owt a stane, Ewyn our the sow the stane is gane, And behind it a litill way It fell : and then they cryt, " Hey !" That war in hyr, " furth to the wall^ " For dredles it is ours all f* . The gynour than deleuerly Gert bend the gyn in full gret hy ; And the stane smertly swappyt out. It flaw out quethyr, and with a rout, And fell rycht ewyn befor the sow. Thair harts than begouth to grow. Bot yhet than, with thair invents all Thai press} t the sow towart the wall; And has hyr set tharto gentilly. The gynour than gert bend in hy The gyne, and wappyt owt the stane, That ewyn towart the lyft is gane, And with gret wycht syne duschyt doun, ; Rycht be the wall in a random) ; And hyt the sow in sic inaner, That it that wes the maist snwar, And starkast for to stynt a stark, In sundre with that dusche it brak. The men than owt in full grethy, And on the wall is thai gan cry, That thair sow wes fcryt thar. Jhon Crab, that had bys geer all yar In hys fagalds has set the fyr, And our the wall syne gan thai wyr, And brynt the sow till brunds bar. The Bruce, Book XVII. The springalds, used in defence of the cast!e of Lauder, were balista, or large cross-bows, wrought by machinery, and 44 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 " Dow nes, every ship weli garnished with bombardes, cros- ** bowes, archers, springalls, and other artillarie." Froissart. Goads, or sharpened bars of iron, were an obvious and for- midable missile weapon. Thus, at the assault of Rochemig- lion, * They within cast out great barres of iron, and pots with ** lyme, wherewith they hurt divers Englishmen, such as ad- " ventured 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 man- ners 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 Northum- berland, A. D. 1327. Which some call Billop-Grace. P. 28. v. 5. 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 thi9 place. The retreat of the English host, however, may remind us of a passage, in Wintown, when, after men- tioning that the Earl of Salisbury raised the siege of Dunbar, to join King Edward in France, he observes, " It was to Scotland a gud chance, *' That thai made thaim to werray in France ; " For had thai halyly thaim (ane " For to werray in Scotland allane, 45 Eftyr the gret mischeffis twa, Duplyn and Hallydownc war tha, Thai suld have skaithit it to gretly. Bot fortowne thoucht scho fald fekilly Will nouclit at anis myscheffis fall ; Thare-fore scho set thare hartis all, To werray Fraunce richit to be, That Scottis live in grettar le. Cronykil, B. VII I, cap. 34. Now, will ye go, my brethren two, And try some jeopardie ? P. 29. v. 2. The romantic custom of achieving, or attempting, some desperate and perilous adventure, without either necessity or cause, was a peculiar, and perhaps the most prominent, fea- ture 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 achieve 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 Saintrc. In the language of German chivalry, they were called Ketten des Gelubdes (fetters of duty.) Lord Herbert of Cherbury in- forms us, that the knight9 of the Bath were obliged to wear certain strings, of silk and gold, upon their left arm, until they had achieved some noble deed of arms. When Edward III. 46 commenced his 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 du- ring 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 knight, 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 fouruyshing 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, behind him, with his bassenet. And whan he ap- " proached neare to Parys, he toke and dyde on his helme, and u 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 tlie 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. Then the knightes of France, that " sawe hym depart, sayd to him, 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 " be 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 long poynt ; " and as the knyght returned agayne, and toke no hede, this " bocher came on his side, and gave the knyghte such a stroke, " betwene the neck and the shulders, that he reversed for- " warde heedlynge, to the neck of his horsse, and yet be re- " covered agayne. And than the bocher strake hym agayne, " *q that the axe entered into his body, so that, for payne, the 12 a knyghte fell to the erthe, and his horsse ran away, and came u 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 saw where his master layn upon the erthe, u bytwene foure men, layenge on him strokes, as they wolde u 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 help his mayster. Therefore he retourned as fast *' as he myght : so there the sayd knyghte was slayne. And " the kynghtes, 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; lean 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 bary- " ers, and so galoped to the gate, where, as the Duke of Bur- " goy ne a d the other lords of France were, who reputed that " dede for a great enterprise. The squyer thoughte to have re- *i turned, but he could nat ; for his horse was stryken with " speares, and beaten downe, and the squyr slayn ; where- " with the Duke of Burgoyne was right sore displeased," Wilt thou lend me our king's standard, To bear a little way ? P. 29. v. 4. In all ages, and in almost all countries, the military stand- ards 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 distin- guished by their shape, and by the various names of banners, pennons, penoncelles, &c, according to the number of men, who ere to fight under them. They were displayed, on the 48 day of battle, with singular solemnity, and consigned to the change 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, roll- " ed 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, u I have land and heritage suffyciente to maynteyne it withal.' " Thin 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 aud 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 thcrof, and sayd, that by the * pleasure of God, and Saint George, they wold kepe and de- " fend it to the l>est of their powers. And so the baner abode " in the handes of a good Englishe squyer, called William Alery, who bare it that day, anrt 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 de- fended 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 un- till the cap tail's standard was taken and torn to pieces. We learn, from the following passage in Stowe's Chronicle, that the standard of Edward 1. 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 rcre battell : himselfe, with a power, kept his 49 u place, where he pight his golden dragon, unto whiche, as to " a castle, the wounded and wearied might repair." " Where was thou bred f where was thou born f u Where, or in what countrie ?" u In north of England I. was born : (It needed him to fie.) P. 29. v. 5. Stratagems, such as that of Maitland, were frequently prac- tised with success, inconsequence of the complete armour worn by the knights of the middle ages.. In 1359, Edward III. en- tered 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 Eng- lish host, and, in short, to seek adventures. It chanced that they met a foraging party of Germans, retained in King Ed- ward'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 to- warde theym, wenyng to hym that they had been Englyshe- " men. Whan he approached, 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 begane 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. 1 thynke ye be nat Sir Bartylmewe, for I " knowe hym well : and I see well that yt ys nat you. I well vol.i. r> 30 " ye tell ine your name, or I ryde any farther in your com- " pany.' Therwith Sir Galahaut lyft up hys vyser, and rode u towardes the knyght to have taken hym by the raynge of hys " brydell, and cryed, ' Our Ladye of Rybamont /' than Sir Roger of Coloyne sayd, ' Coloyne to the rescue ! ' * Whan " Sir Renolde of Boulaut sawe what case he was in, he was ** nat gretly afrayed, but drewe out his sworde ; and, as Sir u Galahaut wolde hare taken hym by the brydell, Sir Re- " nolde 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 dys- " pleased, 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 u hym, and, whan he sawe that they followed hym so nere, that " he muste other tourne agayne, or els be shamed, lyke a hardy u 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 good 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 hysenemyes ** reputed for a grete prowess, and so dyd all other that harde f thereof; but hys men were nere slayne or taken, but few " that were saved. And Sir Galahaut was caryed from thence u sore hurt to Perone ; of that hurt he was never after perfect- " ly 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.'' Frohsart, Vol. I. Chap. 207. The youngest turrid him in a path, And drew a burnished brand, fyc. P. 31. v. 2. Thus, Sir Walter Mauny, retreating into the fortress of Ila, * The war-cries of their family. 12 51 nyboute, 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, wythout I u have a course wyth one of these followers !" and turning, with his lance in the rest, he overthrew several of his pursuers, before he condescended to continue his retreat. Whenever they came within the yate y They thrust their horse themfrae, 4"C -P. 32. v. 1. u The Lord of Hangest (pursued by the Euglish) came so to " the barryrs (of Vandonne) that were open, as his happe was, " and so entred in therat, and than toke his speare, and turned u him to defence, right valiantly." Froissart, Vol. I. Chap. 367. . They rode their horse, they ran their horse, Then hovered on the lee, c. P. 36. v. 1. The sieges, during the middle ages, frequently afforded op- portunity 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 Nithis- dale, 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. chap. 51. He brynt the suburbys of Carlele, And at the bareris he faucht sa wele, That on thare bryg he slw a man, The wychtast that in the town wes than : Qnhare, on a plank of twa feet brade, He stude, and swa gude payment made, That he feld twa stout fechteris, / And but skath went till his feres. Wintown's Cronykil, Book IX. Chap. 8. m 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 bar- riers, 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 1S70, a body of English, and of adven- turers 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 * dyde there a goodly " feate of armes, for he departed fro his companye, hys spcare " 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, f 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 u hens;' and so wente to the barryers. And wythyn the barryers, " there were good knyghtes ; as, Sir John of Roy, Sir Lance- " lot of Loutys, and a x or xii other, who bad 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 * By the terms of the peace betwixt England and Scotland, the Scottish were left at liberty to take service either with France or England, at their pleasure. Sir Robert Knolles, therefore, who commanded the expedition, referred to in the text, had under bis command a hundred Scottish spears. + Atsueton is a corruption for Swinton. Sir John Swinton, of Swinton, was a Scottish champion, noted for his courage and gi- gantic stature. 53 " issue out of your barryers ; therefore I will entre,and I can, " and wyll prove my knyghthode agaynst yours ; wyn me and " ye can.' And there wyth he layde on round about hym, and " they at hym. And thus, he alone fought agaynst them, more " than an hour; 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 val- " yauntness, 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 knyghtcs 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 lan- u gage, and sayd, ' Sir, come aw aye ; it is time for you to de- " parte, 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, behyude his " page ; and sayd to the Frenchemen, ' Adue, sirs ! I thank " you ;' and so rode forthe to his owne cumpanye. The whiche u dede was moche praysed of many folkes." Froissart, cap. 878.' 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 barriers, up to the shoulder. In this aukward situation he remained for some time, being unwilling to dishonour himself by quitting his wea- pon. He was at length rescued, but lost his sword; which Froissart afterwards saw preserved, as a relique, in the monas- tery of Honycourt. Vol. I. chap. 39. " For instances of single combats, at the barriers, see the same author, passim. And if the twa suld shy ye baith, Ye'se get na kelp/rae me. P. 34. v. 5. According to the laws of chivalry, laws, which were also for 54 a long 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 as- sistance 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 thiee Pagan champions, in the 42d canto of Orlando Furioso. But doubt- less 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 Oliver de la Marche's account of this celebrated tourney, in Pinkertons History, Vol. I. p. 428. I am nae king, nor nae sic thing I My word it shanna stand ! P. 35. v. 2. Maitland's apology for retracting his promise to stand neu- ter, 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 re- side in the breast and the mouth of kings. They maul'd him cruellie. P. 35. v. 5. This has a vulgar sound, but is actually a phrase of romance. Tant frappant et maillent lex deux vassaux Vun sur I'autre, que leurs heaumes, et leurs hauberts, sont tous cassez et rompus, La fleur des Battailes. But, wi' the poll-axe in his hand, Upon the brigg sprang he. P. 36. v. 4. The battle-axe, of which there are many kinds, was a knight- ly weapon, much used in the middle ages, as well in single combat as in battle. " And also there was a younge bachelor, 55 m called Bertrande of Glesguyne, who, duryng the seige, fought u 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 valyautly, 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 good ar- a ray, npr dyd nat as they had'promysed ; moost part of theyme * fledde ; whan Sir Godfraye sawe that, he sayde to hymselfe, how he had rather there be slayne than be taken by the " Frenchmen ; there he toke hys axe in hys luindes, and set f fast the one legge before the other, to stonde the more sure- * ly ; for hys one legge was a lytell crooked, but he was strong in the armes. Ther he fought valyantly and long : none tt durste well abyde hys strokes; than two Frenchmen mount- " ed on theyr horses, and ranne both with their speares at " ones at hym, and so bare him to the yerth : than other, that " were a-fote, came wyth theyr swerdes, and strake hym into * the body, under his harneys, so that ther he was slayne." Ibid, chap. 172. The historian throws Sir Godfrey into a striking attitude of desperation. When Maitland saw his ain bludefa\ An angry man was he ! P. 37, v. 1. There is a saying, that a Scot tishman 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 in- stance of the persevering gallantry of his countrymen. a Si in u pugna proprium effundi sanguinem vidissent, non statimpro- * strato animo concedebant, sed irato potius in hostesvelut fu- James cam before the Outlaw kene, And serv'd him in his ain degre " Welcum, James Pringle of Torsonse ! lf What message frae the king to me f" vol.i. G <>8 " He bids ye mete him at Permanscore, " And bring four in your cumpanie ; a Five erles sail gang himsell befor, u Nae mair in number will he be. * And, gif you refuse to do that, * (I freely here upgive wi' thee) " He'll cast yon bonny castle down, " And make a widowe o' that gaye ladye. * He'll loose yon bluidhound borderers, a Wi' fire and sword to follow thee; " There will nevir a Murray, after thysell, " Have land in Ettricke Forest frie." u It stands me hard," the Outlaw said ,- * Judge gif it stands na hard wi' me ! " Wha reck not losing of mysell, * But a' my offspring after me. " My merryemen's lives, my widowe's teirs- * There lies the pang that pinches me ! " Whem I am straught in bluidie eard, * Yon castell will be right dreirie. 99 " Auld Halliday, young Halliday, " Ye sail be twa to gang wi' me ) * Andrew Murray, and Sir James Murray, * We'll be nae mae in cumpanie." When that they cam before the king, They fell befor him on their kne <( Grant mercie, mercie, nobil king ! " E'en for his sake thai, dyed on trie." * Sicken like mercie sail ye have ; M . On gallows ye sail hangit be HE " Over God's forbode," quoth the Outlaw then, * I hope your grace will bettir be I w Else, ere you come to Edinburgh port, <{ I trow thin guarded sail ye be : " Thir landis of Ettricke Foreste feir, * I wan them from the enemie ; " Like as I wan them, sae will I keep them, " Contrair a' kingis in Christentie." All the noblis the king about, Said pitie it were to see him die- 100 " Yet graunt me mercie, sovereign prince ! " Extend your favour unto me ! " I'll give thee the keys of my castell, " Wi' the blessing o' my gaye ladye, " Gin thoul't make me sheriffe of this Foreste, " And a' my offspring after me." " Wilt thou give me the keys of thy castell, " Wi' the blessing of thy gaye ladye ? " I'se make thee sheriff of Ettricke Foreste, " Surely while upward grows the trie ; " If you be not traitour to the king, u Forfaulted sail thou nevir be." " But, prince, what sail cum o' my men i " When I gae back, traitour they'll ca' me. * I had rather lose my life and land, ' E'er my merryemen rebuked me." " Will your merryemen amend their lives ? * And a' their pardons I grant thee " Now, name thy land is where'er they lie, '* And here I render them to thee." 101 < Fair Philiphaugh is mine by right, " And Lewinshope still mine shall be ; u Newark, Foulshiells, and Tinnies baith, " My bow and arrow purchased me. " And I have native steads to me, " The Newark Lee and Hangingshaw; ** I have mony steads in the Foreste shaw, * But them by name I dinna knaw." The keys o' the castell he gave the king, Wi' the blessing o' his feir ladye ; He was made sheriffe of Ettricke Foreste, Surely while upward grows the trie ; And if he w,as na traitour to the king, Forfaulted he suld nevir be. Wha ever heard, in ony times, Sicken an Outlaw in his degr6, Sic favour get befor a king, As did theOuTLAw Murray of the Foreste frie? 102 NOTES ON THE SANG OF THE OUTLAW MURRAY. Then spake 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 tide till 1503. James Boyd (the EarlqfArran his brother,) ^c.V. 87, v. 2. Thomas Boyd, Earl of Arran, was forfeited, with his father and uncle, in i469, for an attempt on the peron 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 some- times call the messenger, the laird of Skene. Down Berkendale Brae when that he cam. P. 88. v. 2. Birkendalc Brae, now commonly called Birkendailly, is a steep descent on the south side of Minch-moor, which separates Tweed-dale 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. 103 The laird of the Corehead, $e.?. 93. t. 1. This is a place at the head of Mofiat-water, possessed of old by the family of Halliday. To Andrew Murray of Cockpool. P. 94. v. 1. This family were ancestors of the Murrays, earls of Annan- dale ; but the name of the representative, in the time of James IV. was William, not Andrew. Glenriddel's MS. reads, " the fl country-keeper." To Sir James Murray of Traquair. T?. 94. v. 3. Before the barony of Traquair became the property of the Stewarts, it belonged to a family of Murrays, afterwards Mur- rays 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 Lome, and maternal uncle to James III., fiom 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." James Hop Pringle of Torsonse. P. 97. v. 1. The honourable name of Pringle, or Hoppriugle, 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 John Pringle of StitchelL There are three other ancient and distinguished 104 families of this name ; those of Whitebank, Clifton, and Tor* woodlee. He bids ye mete him at Permanscore.?. 98. v. 1. 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 rendez- vouse, " The poor mans house? and hints that the Outlaw was surprised by the treachery of the king : " Then he was aware of the king's coming, ,c With hundreds three in company, " I wot the inuckle deel * * * * " He learned kings to lie! * For to fetch me here frae amang my men, " Here like a dog for to die." I believe the reader will think with me, that the catastrophe js better, as now printed from Mrs Cockburn's copy. The de- ceit, 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. Fair Philiphaugh is mine by right. P. 101. v. 1. In this and the following verse, the ceremony of feudal inves- titure 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. Hanging- shaw and Lewinshope were sold of late years. Newark, Foul- sliiels, and Tinuics, have long belonged to the family of Buo cleuch. 105 JOIINIE ARMSTRANG. x hebe will be such frequent occasion, in the course of this volume, to mention the clan, or sept, of the Arm- strongs, 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 pe- riod, 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, pro- tected from justice by the one nation, in opposition to the other, securely preyed upon both. * The chief was Arm- strong of Mangertoun j but, at a later period, they are * In illustration of this position, the reader is referred to a long correspondence betwixt Lord Dacre and the Privy Council of England, in 1550, concerning one Sandy e Armstrang, a partizan of England, and an inhabitant of the Debateable Land, who had threatened to become a Scottishman, if he was not protected by the English warden against the Lord Maxwell. See Introduction to Nicholson and Burn's History of Cumberland and Westmoreland^ 106 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, oc- casioned 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 equal- ly applicable ? All along the river Liddel may still be dis- covered the ruins of towers, possessed by this numerous clan. They did not, however, entirely trust to these fast- nesses ; but, when attacked by a superior force, aban- doned 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 fu- riously among huge rocks, which has occasioned a po- pular saying Was ne'er ane drown'd in Tarras, nor yet in doubt, For e'er the head can win down, the harns (brains) are out. 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, as 107 others in hunting a hare." On this occasion he was to- tally unsuccessful, and nearly lost his relation, Douglas of Ively, whom the freebooters made prisoner. Gods- croft, \o\. II. p. 411, Upon another occasion the Armstrongs were less for- tunate. 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, ac- cordingly, entered Liddesdale, 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 Halt- whistle. 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. * He had five or six sonnes, as able * Whittram is a place in Liddesdale. It is mistaken by tbe poble editor for Whithern, in Galloway, as is Hartwesel (Halt- whistle, on the borders of Cumberland) for Twisel, a village on the English side of the Tweed, near Wark. 108 " men as the Borders had. This old 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 Scot- " land 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 couutrey, and " leave their houses and lands to the fury of the out- " lawes. Upon this complaint, I called the gentlemen of u 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 plain- 109 *' ly understand, 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. 1 desired them to advise better of it, and to ** see if they could find out any other means to prevent " their mischievous intentions, without putting the quene " and countrey to any further charge. They all resolved " that there was no second meaues. Then I told them " my intention what I meant to do, which was, that my- " selfe, 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 out- " lawes. Those, that were unwilling to hazard them- " selves, 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 gen- " tlemen, 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, 110 " uiy officers, the gentlemen, and our servants, wee should " be about two hundred good men and horse ; a compe- " tent 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* " and Risdale, wee had soone built a pretty fort, and " within it we 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 " werr not so few as two hundred horse. Wee wanted " no provisions for ourselves nor our horses, for the coun- " trey 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 pufle of a haggasse, f hottest at the * The foot of Liddisdale were the garrison of King James, in the castle of Hermitage, who assisted Carey on this occasion, as the Armstrongs were outlaws to both nations. + A baggis, (according to Burns, " the chieftain of the pudding- race/') is an olio, composed of the liver, heart, &c. of a sheep, ia Ill * first, and 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, 1 they would play their parts, which should keep mee " waking the next winter. Those gentlemen of the coun- " trey 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 outlawed. " 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, * not known to any of the company,) * thirty miles within Scotland, and the businesse was car- " ried so, that none in the country tooke any alarm at " this passage. They were quietly brought to the back- * side of the Tarras, to Scotland-ward. There they di- " vided 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. minced down with oatmeal, onions, and spices, and boiled in the stomach of the animal, by way of bag. When the bag is cut, the contents (if this savoury dish be well made) should spout out with the heated air. This will explain the allusion, * A Muffled Man means a person in disguise ; a very necessary precaution for the guide's safety ; for, could the outlaws have learned who played them this trick, beyond all doubt it must have cost him dear. U2 " They had their scoutes on the tops of hills, on the Eng- " lish 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 foot, * that came " directly to the place where the scoutes lay. They gave " the alarm ; our men brake down as fast as they could u 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 present- " ly five taken of the principall of them. The rest, seeing * themselves, as they thought, betrayed, retired into the " thicke woodes and bogges, f that our men durst not " follow them for fear of loosing themselves. The prin- 44 cipall of the five, that were taken, were two of the " eldest sonnes of Sim of Wkitram. These five they " brought to mee to the fort, and a number of goodes. * From this it would appear, that Carey, although his constant attendants in his fort consisted only of 00 horse, had upon this occasion, by the assistance, probably, of the English and Scottish royal garrisons, collected a much greater force. + There are now no trees in Liddesdale, except on the banks of the rivers, w here they are protected from the sheep. But the stumps and fallen timber, which are every where found in the morasses, at- test how well the country must have been wooded in former days. 113 *' both of sheep and kine, which satisfied mos.t part of " the country, 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 de- " sire. 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 oflfendour, 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 Tar- ras, 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 anec- dote 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 VOL. I. H 114 considerable. Even upon the death of Queen Elizabeth, this clan, associated with other banditti of the west march- es, 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 de- predators 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. Redpath, 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 begin- ning 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, ha- 11 115 ving lost twelve cows 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 Westbumfiai, from the place of his residence, on the banks of the Hermitage water. Fortunately for the pur- suers, 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 oakeu 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 beg- gary and ruin, with his whole family. Johnie Armstrong, of Gilnockie, the hero of the fol- lowing ballad, is a noted personage, both in history and tradition. He was, it would seem from the ballad, a bro- ther of the laird of Mangertoun, chief of the name, His 110" place of residence (now a roofless tower) was at the Hol- lows, 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 free-booters, 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 impri- soning 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 ra- pidly forward, at the head of a flying army of ten thou- sand 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, ar- rayed in all the pomp of border chivalry. Pitscottie uses nearly the words of the ballad, in describing the splendour 117 of his equipment, and his high expectations of favour from the king. " But James, looking upon him sternly, said v to his attendants, * What wants that knave that a king " should have ?' and ordered him and his followers to in- " stant 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 Scottishmen : Secondly, that there was " not a subject in England, duke, earl, or baron, but, *' within a certain day, he should bring him to his ma- " jesty, either quick or dead. * 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 * The borderers, from their habits of life, were capable of most extraordinary exploits of this nature. In the year lf>ll, Sir Ro- bert Kerr of Cessford, warden of the middle marches of Scotland, was murdered at a border-meeting, by the bastard Heron, Star- head, and Lilburn. The English monarch delivered up Lilburn to justice in Scotland, but Heron and Starhead escaped. The lat- ter chose his residence in the very centre of England, to baffle the vengeance of Ker's clan and followers. 1 wo dependants of the deceased, called Tait, were deputed by Andrew Ker of Cessford to revenge his father's murder They travelled through England in various disguises, till they discovered the place of Starhead's retreat, murdered him in his bed, and brought his head in triumph to Edinburgh, where Ker caused it to be exposed at the cross. The bastard Heron would have shared the same fate, had he not spread abroad a report of his having died of the plague, and cau- sed his funeral obsequies to be performed. Ridpath's History, p. 481. See also Metrical Account of the Battle of Ftodden, published hy the Rev. Mr Lambe. 118 " King Harry and you both ; for I know King Harry " woukl down-weigh my best horse with gold, to know that " I were condemned to die this day." Pilscottie's His- tory, p. 14-5. Johnie, with all his retinue, was accord- ingly hanged upon growing trees, at a place called Car- lenrig 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 de- serted 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, fromtheBannatyneMS., introduces a pardoner, or knavish dealer in reliques, whflt produces, among his holy rarities The cordis, baith grit and lang, Quhilt hangit Johnie Armistrang, Of gude hempt, soft and sound. Gude lialy pepill, I stand ford, Wha'evir beis hangit in this cord, Neidis nevir to be drowned ! Pinkertoris Scottish Poems, Vol. II. p. 69^ In The Complaynt of Scotland, John Armistrangis' 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 119 of Johnie Armstrong in very high 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 ge- neration 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 tKe 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 Miscellqny. Since his time, it has been often re- printed. 120 JOHNIE ARMSTRANG. ouu speikis of lords, sum speikis of lairds, And sick lyke men of hie degrie ; Of a gentleman I sing a sang, Sum tyme called laird of Gilnockie. The king he wrytes a luving letter, With his ain hand sae tenderly, And he hath sent it to Johnie Armstrang, To cum and speik with him speedily. The Eliots and Armstrangs did convene ; They were a gallant cumpanie " We'll ride and meit our lawful king, * And bring him safe to Gilnockie. ,, 121 " Make kinnen * and capon ready then, " And venison in great plentie ; " We'll wellcum here our royal king ; " I hope he'll dine at Gilnockie!" They ran their horse on the Langhome howm, And brak their speirs wi' mickle main; The ladies lukit frae their loft windows * God bring our men weel back agen !" When Johnie cam before the king, Wi' a' his men sae brave to see, The king he movit his bonnet to him ; He ween'd he was a king as well as he. " May I find grace, my sovereign liege, " Grace for my loyal men and me ? " For my name it is Johnie Armstrang, " And subject of your's, my liege," said he. " Away, away, thou traitor Strang ! " Out o' my sight soon may'st thou be 1 " I grantit nevir a traitor's life, " And now I'll not begin wi' thee.' * Kinnen Rabbits, ;) 122 " Grant me my life, my liege, my king ! * And a bonny gift I'll gie to thee * Full four and twenty milk-white steids, * Were a' foaled in ae year to me. u I'll gie thee a' these milk-white steids, " That prance and nicker * at a speir ; " And as mickle gude lnglish gilt, f u As four o' their braid backs dow % bear." " Away, away, thou traitor Strang ! * Out o' my sight soon may'st thou be t * I grantit never a traitor's life, * And now I'll not begin wi' thee !" " Grant me my life, my liege, my king ! u And a bonny gift I'll gie to thee * Gude four and twenty ganging mills, <\ That gang thro' a' the yeir to me. * Nicker Neigh. f Gift Gold. X DewAble to. Ganging Going. 123 f These four and twenty mills complete, * Sail gang for thee thro' a' the yeir ; " And as mickle of gude reid wheit, " As a' their happers dow to bear." " Away, away, thou traitor Strang! Out o' my sight soon may'st thou be ! " I grantit nevir a traitor's life, " And now I'll not begin wi' thee." . * Grant me my life, my liege, my king ! " And a great gift I'll gie to thee " Bauld four and twenty sister's sons, " Sail for thee fecht, tho' a' should flee !' " Away, away, thou traitor Strang ! " Out o' my sight soon may'st thou be! ** I grantit nevir a traitor's life, " And now I'll not begin wi' thee." " Grant me my life, my liege, my king ! * And a brave gift I'll gie to thee (t All between heir and Newcastle town " Sail pay their yeirly rent to thee," 124 oxer.,300 gait the tenants, against ^ complices; for * and sheep. Introduction to the History of Westmoreland and Cumber- land, p. SI. 159 THE RAID OF THE REIDSWIRE. 1 his poem is published from a copy in the Bannatyne MS. in the hand-writing of the Hon. Mr Carmichael, ad- vocate. 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 fa- vour 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 war- dens 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 notorious English freebooter. 12 J 60 Forster alleged that he had fled from justice : Carmichaei considering this as a pretext to avoid making compensa- tion for the felony, bade him " play fair !" to which the haughty English warden retorted, by some injurious ex- pressions respecting Carmichael's family, and gave other open signs of resentment. His retinue, chiefly men of Reesdale andTynedale, 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 en- sued, in which, Carmichaei being beat down and made prisoner, success seemed at first to incline to the English side j 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 Dal- keith for some days, till the heat of their resentment was abated ; which prudent precaution prevented a war be- twixt the two kingdoms. He then dismissed them with great expressions of regard ; and, to satisfy Queen Eliza- beth,* sent up Carmichaei to York, whence he was soon * Her ambassador at Edinburgh refused to lie in a bed of state which had been provided for him, till this " oudioutfact" had been enquired into. Murdins State Papers, Vol. II. p. 282. I6i after honourably dismissed. The field of battle, called the Reidswire, is a part of the Carter Mountain, about ten miles from Jedburgh. See, for these particulars, Godsavft, 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. tOL. 1. 162 THB RAID OF THE REIDSWIRE. The seventh of July, the suith to say, At the Reidswire the tryst was set ; Our wardens they affixed the day, And, as they promised, so they met. Alas ! that day I'll ne'er forgett ! Was sure sae feard, and then sae faine They came theare justice for to gett, Will never green * to come again. Carmichael was our warden then, He caused the country to conveen ; And the Laird's Wat, that worthie man, Brought in that sirname weil beseen : f * Green Long. f Weil beseen Well appointed. The word occurs in Morte Arthur : " And when Sir Percival saw this, he hied them thither, 163 The Armestranges, that aye hae been A hardie house, but not a hail, The Elliot's honours to maintaine, Brought down the lave * o' Liddesdale. Then Tividale came to wi' speid ; The sheriffe brought the Douglas down, Wi' Cranstane, Gladstain, good at need, Baith Rewle water, and Hawick town. Beanjeddart bauldly made him boun, Wi' a' the Trumbills, stronge and stout ; The Rutherfoords, with grit renown, Convoyed the town of Jedbrugh out. Of other clans I cannot tell, Because our warning was not wide. Be this our folks hae taen the fell, And planted down palliones-f- there to bide, We looked down the other side, And saw come breasting ower the brae, Wi' Sir John Forster for their guyde, Full fifteen hundred men and mae. " and found the ship covered with silke, more blacker than " anybeare; and therein was a gentlewoman, of great beautie, " and she was richly beseene, that none might be better." * Lave Remainder. f Palliones- Tents. 164 It grieved him sair, that day, I trow, Wi' Sir George Hearoune of Schipsydehouse : Because we were not men enow, They counted us not worth a louse. Sir George was gentle, rneek, and douse, But he was hail and het as fire ; And yet, for all his cracking crouse,* He rewd the raid o' the Reidswire. To deal with proud men is but pain ; For either must ye fight or flee, Or else no answer make again, But play the beast, and let them be. It was na wonder he was hie, Had Tindaill, Reedsdaill, at his hand, Wi' Cukdaill, Gladsdaill on the lee, And Hebsrime, and Northumberland. Yett was our meeting meek enough, Begun wi' merriment and mowe6, And at the brae, aboon the heugh, The dark sate down to call the rowes. \ And some for kyne, and some for ewes, Called in of Dandrie, Hob, and Jock We saw, come marching ower the knows, - Five hundred Fennicks in a flock. * Craking crouse Talking big. f Rowes Rolls. 165 With jack and speir, and bows all bent, And warlike weapons at their will : Although we were na well content, Yet, be my trouth, we feard no ill. Some gaed to drink, and some stude still, And some to cards and dice them sped ; Till on ane Farnstein they fyled a bill, And he was fugitive and fled. Carmichael bade them speik out plainlie, And cloke no cause for ill nor good ; The other, answering him as vainlie, Began to reckon kin and blood : He raise, and raxed * him where he stood, And bade him match him with his marrows, Then Tindaill heard them reasun rude, And they loot off a flight of arrows. Then was there nought but bow and speir, And every man pulled out a brand ; x " A Schaftan and a Fenwick" thare : Gude Symington was slain frae hand. The Scotsmen cried on other to stand, Frae time they saw John Robson slain- What should they cry ? the king's command Could cause no cowards turn again. * Raxed him Stretched himself up. 166 Up rose the laird to red the cumber, * Which would not be for all his boast ; What could we doe with sic a number ? Fyve thousand men into a host. Then Henry Purdie proved his cost, f And very narrowlie had mischiefed him, And there we had our warden lost, Wert not the grit God he relieved him. Another throw the breiks him bair, Whill flallies to the ground he fell : Than thought I weel we had lost him there, Into my stomack it struck a knell ! Yet up he raise the treuth to tell ye, And laid about him dints full dour ; His horsemen they raid sturdily, And stude about him in the stoure. Then raise J the Slogan with ane shout " Fy Tindaill to it ! Jedbrugh's here !" I trow he was not half sae stout, But || anis his stomach was asteir. * Red the cumber Quell the tumult. t Cost Signifies loss or risk. J Raise Rose. || Bur, aj 27$- KINMONT WILLIE. In the following rude strains, our forefathers commemo- rated one of the last, and most gallant achievements, per- formed 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 seut their deputies to keep a day of truce, for redress of some ordinary matters " The place of meeting was at the Day holme 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 j 12 1 79 and for the Lord Scroop, a gentleman within the west ** wardenry, called Mr Saikeld. 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. Mean- * while it happened, one William Armstrong, commonly " called Will of Kinmonth, to be in company with the " Scottish deputy, against whom the English had a quar- ' rel, for many wrongs he had committed, as he was in- " deed a notorious thief. This man, having taken his leave f of the Scots deputy, and riding down the river of Liddel " on the Scottish side, towards his own house, was pur- ** sued by the English, who espied him from the other side * of the river, and, after a chace of three or four miles, - taken prisoner, and brought back to the English depu- " ty, who carried him away to the castle of Carlisle. f* The laird of Bacleuch complaining of the breach of " truce (which was always taken from the time of meet- *' ing, unto the next day at sun-rising,) wrote to Mr Sal- ** keld, 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 u was unlawfully taken. Scroop answered, that he could " do nothing in the matter, it having so happened, with- " out a direction from the queen and council of Eng- ** land, considering the man was such a malefactor.**- 180 ? Bacleuch, loth to inform the king of what was done, " lest it might have hred 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 further hearing. But no answer was returned : the " matter thereupon was imparted to the king, and the u queen of England solicited by letters to give direction " for his liberty; yet nothing was obtained; which Ba- " cleuch 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 em- <* Ne'er fear, sister Downie," quo' Mangerton ; I have yokes of ousen, eighty and three ; " My barns, my byres, and my faulds a* weil fill'd*. * 1*11 part wi' them a' ere Johnie shall die. * Three men 111 send to set him free, " A' harneist wi' the best o' steil ; ,f The English louns may hear, and drie " The weight o' their braid-swords to feel. * The Laird's Jock ane, the Laird's Wat twa, " O Hobbie Noble, thou ane maun be ! u Thy coat is blue, thou hast been true, " Since England banish'd thee to me." Now Hobbie was an English man, In Bewcastle dale was bred and born : But his misdeeds they were sae great, They banish'd him ne'er to return. Lord Mangerton them orders gave, " Your horses the wrang way maun be shod ; * Like gentlemen ye mauna seim, " But look like corn-caugers* ga'en the road. # Caugtrt Carriers. > 327 " Your armour gude ye mauna shaw, * Nor yet appear like men o' weir; " As country lads be a' array'd, " Wi' branks and brecham f on each mare." Sae now their horses are the wrang way shod, And Hobbie has mounted his grey sae fine ; Jock his lively bay, Wat's on his white horse behind, And on they rode for the water of Tyne. At the Cholerford they all light down, And there, wi' the help of the light o' the moon, A tree they cut, wi' fifteen nogs on each side, To climb up the wa' of Newcastle toun. But when they cam to Newcastle toun, And were alighted at the wa', They fand their tree three ells ower laigh, They fand their stick baith short and sma\ Then up and spak the Laird's ain Jock ; * There's naething for't ; the gates we maun force." But when they cam the gate untill, A proud porter withstood baith men and horse. t Branks and brecham 'Halter cart-collar. 228 His nrck in twa the Armstrangs wrang ; Wi' fute or hand he ne'er play'd pa ! His life and his keys at anes they hae ta'en, And cast the body ahind the wa\ Now sune they reach Newcastle jail, And to the prisoner thus they call ; Sleeps thou, wakes thou, Jock o' the Side, * Or art thou weary of thy thrall I* Jock answers thus, wi' dulefu' tone ; Aft, aft, l wake I seldom sleep : " But whae's this kens my name sae weil, " And thus to mese * my waes tioes seik ?* Then out and spak the gude Laird's Jock, * Now fear ye na, my billie," quo' he ; " For here are the Laird's Jock, the Laird's Wat, " And Hobbie Noble, come to set thee free." * Now haud thy tongue, my gude Laird's Jock, * For ever, alas ! this canna be ; " For if a' Liddesdale were here the night, " The morn's the day that I maun die. * Afiese Soothe. 229 f Full fifteen stane o' Spanish iron, " They hae laid a' right sair on me ; " Wi' locks and keys I am fast bound * Into this dungeon dark and dreirie." " Fear ye na' that," quo' the Laird's Jock ; J " A faint heart ne'er wan a fair ladie ; v " Work thou within, we'll work without, " And I'll be sworn we'll set thee free." The first strong door that they cam at, They loosed it without a key ; The next chain'd door that they cam at, They garr'd it a' to flinders flee. The prisoner now upon his back, The Laird's Jock has gotten up fu' hie ; And down the stair, him, irons and a*, Wi' nae sma' speid and joy, brings he. u Now, Jock, my man," quo' Hobbie Noble, el be ye met ? my feres * five ! " And now, what is your will wi' me ?" Then they cried a', wi ae consent, " Thou'rt welcome here, brave Noble, to me. * Wilt thou with us into England ride, " And thy safe warrand we will be ? * If we get a horse, worth a hundred pound, " Upon bis back thou sune shalt be.' ' * F(fr~Companions. 245 * I dare not by day into England ride ; " The iand-serjeant has me at feid: " And I know not what evil may betide, " For Peter of Whitfield, his brother, is dead* " And Anton Shiel he loves not me, " For I gat twa drifts o' his sheep ; " The great Earl of Whitfield * loves me not, * For nae geer fiae me he e'er could keep. M But will ye stay till the day gae down, " Untill the night come o'er the grand, " And I'll be a guide worth ony twa, " That may in Liddesdale be found ? * Tho' the night be black as pick and tar, " I'll guide ye o'er yon hill sae hie ; " And bring ye a' in safety back, " If ye'll be true, and follow me." He has guided them o'er moss and muir, O'er hill and hope, and mony a down ; Until they came to the Foulbogshiel, And there, brave Noble, he lighted down. * Earl of Whitfield The editor does not know who is here meant. 246 Bui word is gane to the land-serjeant, In Askerton where that he lay " The deer, that ye hae hunted sae lang, " Is seen into the Waste this day." * Then Hobbie Noble is that deer ! u I wat he carries the style fu' hie ; " Aft has he driven our bluidhounds back, " And set ourselves at little lee. u Gar warn the bows of Hartlie-burn ; * See they sharp their arrows on the wa': " Warn Willevji and Speir Edom, " And see the morn they meet me a'. * Gar meet me on the Rodric-haugh, * And see it be by break o' day ; " And we will on to Conscouthart-yreen, " For there, I think, we'll get our prey." Then Hobbie Noble has dreimit a dreim, In the Foulbogshiel, where that he lay; He dreimit his horse was aneath him shot, And lie himself got hard away. 247 The cocks could craw, the day could daw, And I wot sae even fell down the rain ; Had Hobbie na wakened at that time, In the Foulbogshiel he had been ta'en or slain. " Awake, awake, my feres five ! " I true here makes a fu' ill day ; u Yet the worst cloak o' this company, " I hope, shall cross the Waste this day." Now Hobbie thought the gates were clear ; But, ever alas ! it was na sae : They were beset by cruel men and keen, That away brave Hobbie might na gae. " Yet follow me, my feres five, ** And see ye keip of me guid ray ; " And the worst cloak o' this company " Even yet may cross the Waste this day." But the land-serjeant's men came Hobbie before, The traitor Sim came Hobbie behin', So had Noble been wight as Wallace was, Away, alas ! he might na win.* 248 Then Hobbie had but a laddie's sword ', But he did mair than a laddie's deed ; For that sword had cleared Conseouthart greeri, Had it not broke o'er Jerswigham's head. Then they hae ta'en brave Hobbie Noble, Wi's ain bowstring they band him sae ; But his gentle heart was ne'er sae sair, As when his ain five bound him on the brae. They hae ta'en him on for west Carlisle ; They asked him, if he kend the way ? Tho' much he thought, yet littie he said ; He knew the gate as weel as they. They hae tae ta'en him up the Hicker-gate ;* The wives they cast their windows wide ; And every wife to another can say, " That's the man loosed Jock o' the Side !" * Fy on ye, women ! why ca' ye me man ? " For it's nae man that I'm used like ; " I am but like a forfoughen + hound, * Has been fighting in a dirty syke.** J A street in Carlisle. f Forfoughen - Quite fatigued. t Syke Ditch. 209 They bae had him up thro' Carlisle town, And set him by the chimney fire ; They gave brave Noble a loaf to eat, And that was little his desire. They gave him a wheaten loaf to eat, And after that a can of beer ; And they a' cried, with one consent, " Eat, brave Noble, and make gude cheir ! * Confess my lord's horse, Hobbie," they said, " And to-morrow in Carlisle thou's na die." w How can I confess them," Hobbie says, " When I never saw them with my e'e ?" Then Hobbie has sworn a fu' great aith, Bi the day that he was gotten and born, He never had ony thing o' my lord's, That either eat him grass or corn. u Now fare thee weel, sweet Mangerton ! ** For I think again I'll ne'er thee see : " I wad hae betrayed nae lad alive, " For a' the gowd o' Christentie. i 250 " And fare thee weel, sweet Liddesdale ! " Baith the hie land and the law ; " Keep ye weel t'rae the traitor Mains ! " For goud and gear he'll sell ye a'. " Yet wad I rather be ca'd Hobbie Noble, " In Carlisle, where he suffers for his fau't, " Than I'd be ca'd the traitor Mains, " That eats and drinks o* the meal and maut." 251 NOTES ON HOBBIE NOBLE. Aft has he driven our bluidhounds back. P. 246. v. 2. u The russet bloodhound, wont near Annand's stream, f To trace the sly thief with avenging foot, " Close as an evil conscience still at hand." Our ancient statutes inform us, that the blood-hound, or sluith-hound (so called from its quality of tracing the slot, or track, of men and animals), was early used in the pursuit and detection of marauders. Nulla* perturbed aut impediat ranem traasantem, aut homines trassantes cum ipso, ad sequendum la- trones. Regiam Majestatem, Lib. 4tus, Cap. 32. And, so late as 1616, there was an order from the king's commissioners of the northern counties, that a certain number of slough-hounds should be maintained in every district of Cumberland, border- ing upon Scotland. They were of great value, being some- times sold for a hundred crowns. Exposition of Bleaus Atlas, voce Nithsdale, The breed of this sagacious animal, which could trace the human footstep with the most unerring accu- racy, is now nearly extinct. 252 ROOKHOPE RYDE. This is a bishoprick border song, composed in 1569; taken down from the chanting of George Collingwood the elder, late of Boltsburn, in the neighbourhood of Ry- hope, who was interred at Stanhope, the 16th December, 1785. Rookhope is the name of a valley about five miles in length; at the termination of which, Rookhope-bura empties itself into the river Wear : the dale lies in the north part of the parish of Stanhope, in Weardale. Rook- hope-head is the top of the vale. The ballad derives some additional interest, from the date of the event being so precisely ascertained to be the 6th December, 1572, when the Tynedale rubbers, taking advantage of the public confusion occasioned by the rebellion of Westmoreland and Northumberland, and which particularly affected the bishoprick of Durham, determined to make this foray into Weardale. The late eminent antiquary, Joseph Ritson, 15 253 took down this ballad from the mouth of the reciter, and printed it as part of an intended collection of border ballads; which was never published. His nephew, Mr Frank, was so good as to favour me with the copy from which it is here given. To the illustrations of Mr Ritson, I have been enabled to add those of my friend, Mr Sur- tees. .. L 254 ROOKHOPE RYDE. Rookhope stands in a pleasant place, If the false thieves wad let it be, But away they steal our goods apace, And ever an ill death may they dee ! And so is the man of Thirlwall and Willie-haver, And all their companies thereabout, That is minded to do mischief, And at their stealing stands not out. But yet we will not slander them all, For there is of them good enough ; It is a sore consumed tree That on it bears not one fresh bough. 11 Z55 Lord god ! is not this a pitiful case, That men dare not drive their goods to the fell, But limmer thieves drives them away, That fears neither heaven nor hell. Lord, send us peace into the realm, That every man may live on his own ! I trust to God, if it be his will, That Weardale men may never be overthrown. For great troubles they've had in hand, With borderers pricking hither and thither, But the greatest fray that e'er they had, Was with the men of Thirlvvall and Willie-haver. They gather'd together so royally, The stoutest men and the best in gear j And he that rade not on a horse, I wat he rade on a weil-fed mear. So in the morning, before they came out, So weel I wot they broke their fast ; In the forenoon they came unto a bye fell, Where some of them did eat their last. * * This would be about eleven o'clock, the usual dinner-hour in that period. *56 When they had eaten aye and done, They say'd, some captains here needs must be Then they choosed forth Harry Corbyl, And * Symon Fell/ and Martin Ridley. Then o'er the moss, where as they came, With many a brank and whew, One of them could to another say, tf I think this day we are men enew/* For Weardale-men have a journey ta'en, They are so far out o'er yon fell, That some of them's with the two earls, And others fast in Bernard castell. There we shall get gear enough, For there is nane but women at hanie ; The sorrowful fend that they can make, Is loudly cries * as they were slain. Then in at Rook hope-head they came, Aud there they thought tul a' had their prey, But they were spy'd coming over the Dry-rig, Soon upon Saint Nicholas' day.j This is still the phraseology of Westmoreland : a poorly man, a softly day, aud the like, \ The 6th of December. 257' Then in at Rookhope-head they came, They ran the forest but a mile ; They gather'd together in four hours Six hundred sheep within a while. And horses I trow they gat, But either ane or twa, And they gat them all but ane That belanged to great Rowley. That Rowley was the first man that did them spy, With that he raised a mighty cry; The cry it came down Rook hope-burn, And spread through Weardale hasteyly. Then word came to the bailiPs house At the East-gate, where he did dwell; He was walk'd out to the Smale-burns, Which stands above the Hanging-well. * His wife was wae when she heard tell, So well she wist her husband wanted gear ; * A place in the neighbourhood of East-gate, known at pre- sent, as well as the Dry-rig, or Smale-burns ; being the pro- perty of Mr Robert Richardson, by inheritance, since before 1583. Ritson. VOL.1. R 258 She gar'd saddle him his horse in haste, And neither forget sword, jack,* por spear. The bailif got wit before his gear came, That such news was in the land, He was sore troubled in his heart, That on no earth that he could stand. His brother was hurt three days before, With limmer thieves that did him prick ; Nineteen bloody wounds lay him upon, What ferly was't that he lay sick ? But yet the bailif shrinked nought, But fast after them he did hye, And so did all his neighbours near, That went to bear him company. But when the bailif was gathered, And all his company, They were number'd to never a man But forty under fifty. A jacket, or short coat, plaited or insticbed with small pieces of iron, and usually worn by the peasantry of the bor- der in their journeys from place to place, as well as in their occasional skirmishes with the moss-troopers, who were roost probably equipped with the same sort of harness. Ritson. 259 The thieves was numbered a hundred men, I wat they were not of the worst : That could be choosed out of Thirlwall and Willie-haver I trow they were the very first. * But all that was in Rookhope-head, And all that was i' Nuketon-cleugh, Where Weardale-men o'ertook the thieves, And there they gave them fighting eneugh. So sore they made them fain to flee, As many was a' out of hand, And, for tul have been at home again, They would have been in iron bands. And for the space of long seven years As sore they mighten a' had their lives, But there was never one of them That ever thought to have seen their wives. About the time the fray began, I trow it lasted but an hour, Till many a man lay weaponless, And was sore wounded in that stour. * The reciter, from his advanced age, could not recollect the original line thus imperfectly supplied, Ritsok. 20# Also before that hour was done, Four of the thieves were slain, Besides all those that wounded were, And eleven prisoners there was ta'en. George Carrick, and his brother Edie, Them two, L wot, they were both slain ; Harry Corbyl, and Lennie Carrick, Bore them company in their pain. One of our Weardale-men was slain, Rowland Emerson his name hight ; I trust to God his soul is well, Because he fought unto the right. But thus they say'd, We'll not depart While we have one : Speed back again ! And when they came amongst the dead men, Ther they found George Carrick slain. And when they found George Carrick slain, I wot it went well near their heart ; Lord let them never make a better end, That comes to play them sicken a part. 261 I trust to God, no more they shall, Except it be one for a great chance ; For God will punish all those With a great heavy pestilence. Thir limmer thieves, they have good hearts, They never think to be o'erthrown ; Three banners against Weardale-men they bare, As if the world had been all their own. Thir Weardale-men, they have good hearts, They are. as stiff as any tree ; For, if they'd every one been slain, Never a foot back man would flee. And such a storm amongst them fell, As I think you never heard the like ; For he that bears his head so high, He oft-times falls into the dyke. And now I do entreat you all, As many as are present here, To pray for the singer of this song, For he sings to make blithe your cheer. <162 NOTES ON ROOKHOPE RYDE. And so is the man of Thirwall and Willie-hater. P. 254. v. 2. Thirlwall, or Thirlitwall, is said by Fordun, the Scotish histo- rian, to be a name given to the Picts or Roman wall, from its having been thirled, or perforated, in ancient times, by the Scots and Picts. Wyntown also, who most probably copied Fordun, calls it Thrilwall. Thrilwall-castle, though in a very ruinous condition, is still standing by the site of this famous wall, upon the river Tippal. It gave name to the ancient fa- mily, De Thirlwall. Willie-haver, or Willeva, is a small dis- trict or township in the parish of Lanercost, near Bewcastle- dale, in Cumberland, mentioned in the preceding ballad of Hobbie Noble : " Gar warn the bows of Hartlic-bum, See they sharp their arrows on the wa' ; Warn Willeva, and Spear Edoni, And see the morn they meet me a'." That some of them's with the two earls. P. S56. S. The two earls were Thomas Percy, Earl of Northumber- 263 land, and Charles Nevil, Earl of Westmoreland, who, on the 15th of November, 1569, at the head of their tenantry and others, took arms for the purpose of liberating Mary, queen of Scots, and restoring the old religion. They besieged Barnard- castle, which was, for eleven days, stoutly defended by Sir George Bowes, who, afterward, being appointed the queen's marshal, hanged the poor constables and peasantry by dozens in a day, to the amount of 800. The Earl of Northumberland, betrayed by the Scots, with whom he had taken re:uge, was be- headed at York, on the 22d of August, 1572 ; and the Earl of Westmoreland deprived of the ancient and noble patrimony of the Nevils, and reduced to beggary, escaped over sea, into Flan- ders, and died in misery and disgrace, being the last of his fa- mily. See two ballads on this subject, in Percy's Collection, (I. 271, 281), and consider whether they be genuine. Ritson. At the East-gate, where he did dwell. P. 257. 4. Now a straggling village so called ; originally, it would seem, the gate-house, or ranger "s lodge, at the east entrance of Stan- hope-park. At some distance from this place is West-gate, so called for a similar reason.- Ritson. " The mention of the bailif's house at the East-gate, is (were such a proof wanting) strongly indicative of the authen- ticity of the ballad. The family of Emerson of East-gath, a fief, if I may so call it, held under the bishop, long exercised the office of bailiff of Wolsingham, the chief town and borough of Weardale, and of Forster, &c. under successive prelates ; and the present bishop's gamekeeper and ranger within Wear- dale, may be said to claim his office by maternal descent, being Emerson Muschamp (another ancient name) and though somewhat shorn of his beams, the lineal heir of the old bai- liffs of Weardale. Rob. Emerson Parcarius de Stanhopp 13 Aug. 7 Rob. Ne- vill Epi. Cuthb. Emerson de Eastgat sub Forestar. Parci de Stan- hopp. 1 Wolsey 264 Lease of the East-gate to Mr George Emerson for SO years, 10L p. ann. 4. Ed. C. Bp. Tunstall. Rob. Emerson de Eastgat. sede vacante p. deprir. Tunstall parcar. Dne Regine. Ceo. et Ric. Emerson Ballivi de Wolsingham p. palens. 12 Sept. 1616, sicut Geo. Rolli vel Rolland9 Emerson olim te- nuere." iSurtees. Z65 ' BARTHRAM'S DIRGE. 1 he following beautiful fragment was taken down by Mr Surtees, from the recitation of Anne Douglas, an old woman, who weeded in his garden. It is imperfect, and the words within brackets were inserted by my corre- spondent, to supply such stanzas as the chauntress's me mory left defective. The hero of the ditty, if the re- citer be correct, was shot to death by nine brothers, whose sister he had seduced, but was afterwards buried at her request, near their usual place of meeting ; which may account for his being laid not in holy ground, but beside the burn. The name of Barthram, or Bertram, would argue a Northumbrian origin, and there is, or was, a Headless Cross, among many so named, near Elsdon in Northumberland. But the mention of the Nine-Stane 266 Burn, and Nine-Stane Rig, seem to refer to those places in the vicinity of Hermitage Castle, * which is counte- nanced by the mentioning our Lady's Chapel. Perhaps the hero may have been an Englishman, and the lady a native of Scotland ; which renders the catastrophe even more probable. The style of the ballad is rather Scot- tish than Northumbrian. They certainly did bury in former days near the Nine-Stane Burn ; for the editor remembers finding a small monumental cross, with initials, lying among the heather. It was so small, that, with the assistance of another gentleman, he easily placed it up- right. See the Ballad of Lord Soulis, in Vol. III. 267 BARTHRAM'S DIRGE. They shot him dead on the Nine-Stone Rig* Beside the Headless Cross, And they left him lying in his blood, Upon the moor and moss. They made a bier of the broken bough, The sauch and the aspin gray, And they bore him to the Lady Chapel, And waked him there all day. 268 A lady came to that lonely bower, And threw her robes aside, She tore her ling [long] yellow hair, And knelt at Barthraui's side. She bath'd him in the Lady- Well His wounds so deep and sair, And she plaited a garland for his breast, And a garland lor his hair. They rowed him in a lily-sheet, And bare him to his earth, [And the Grey Friars sung the dead man's mass, As they pass'd the Chapel Garth.] They buried him at [the mirk] midnight, [When the dew fell cold and still, When the as pin gray forgot to play, And the mist clung to the hill.] They dug his grave but a bare foot deep, By the edge of the Ninestone Burn, And they covered him [o'er with the heather-flower] The moss and the (Lady) fern. 9,69 A Gray Friar staid upon the grave, And sang till the morning tide, And a friar shall sing for Bartram's soul, While Headless Cross shall bide. * * Mr Surtees observes, on this passage, that, in the return made by the commissioners, on the dissolution of Newmiii9ter Abbey, there is an item of a Chauntery, for one priest to sing daily, ad crucem lapideam. ' Probably, many of these crosses had the like expiatory solemnities for persons slain there. 270 ARCHIE OF CA'FIELD. It may perhaps be thought, that, from the near resem- blance which this ballad bears to Kinfhont Willie, and Jock o' the Side, the editor might have dispensed with inserting it in this collection. But, although the inci- dents in these three ballads are almost the same, yet there is considerable variety in the language ; and each contains minute particulars, highly characteristic of bor- der manners, which it is the object of this publicationjo illustrate. Ca'field, or Calfield, .is a place in Wauchop- dale, belonging of old to the Armstrongs. In the ac- count betwixt the English and Scottish marches, Jock and Geordie of Ca'field, there called Calf hill, are repeated- ly marked as delinquents. History of Westmoreland and Cumberland, Vol. I. Introduction, p. 33. " Mettled " John Hall, from the laigh Tivioldale," is perhaps John Hall of Newbigging, mentioned in the list of border clans, as one of the chief men of name residing on the middle 271 marches in 1597. The editor has been enabled to add several stanzas to this ballad, since publication of the first edition. They were obtained from recitation; and, as they contrast the brutal indifference of the elder bro- ther with the zeal and spirit of his associates, they add considerably to the dramatic effect of the whole. 272 ARCHIE OF CA'FIELD. As I was a walking mine alane, It was by the dawning of the day, I heard twa brithers make their mane, And I listened weel to what they did say. The youngest to the eldest said, " Blythe and merrie how can we be ? " There were three brithren of us born, * And ane of us is condemned to die." An' ye wad be merrie, an' ye wad be sad, * What the better wad billie Archie be ? " Unless I had thirty men to mysell, * And a' to ride in my cumpanie. 14 273 " Ten to hald the horses heads, " And other ten the watch to he, " And ten to break up the strong prison, * Where billy Archie * he does lie." Then up and spak him mettled John Hall, (The luve of Teviotdale aye was he) " An I had eleven men to mysell, f Its aye the twalt man I wad be." Then up bespak him coarse Ca'field, (I wot and little gude worth was he) te Thirty men is few anew, " And a' to ride in our cumpanie." There was horsing, horsing in haste, And there was marching on the lee ; Until they cam to Murraywhate, And they lighted there right speetlilie. u A smith ! a smith !" Dickie he cries, " A smith, a smith, right speedilie, " To turn back the caukers of our horses' shoon ! te For its unkensome f we wad be." * Bill>/ Brother. f Unkensome Unknown. VOL. I. S 274 " There lives asmith on the water side, " Will shoe my little black mare tor me ; " And I've a crown in my pdcket, " And every groat of it I wad gie," " The night is mirk, and it's very mirk, " And by candle light I canna weel see ; " The night is mirk, and it's very pit mirk, " And there will never a nail ca' right tor me." " Shame fa' you and youi trade baith, ** Canna beet* agude fellow by your mystery !f u But leeze me on thee, my little black mare, * Thou's worth thy weight in gold to me." There was horsing, horsing in haste, And there was marching upon the lee ; Until they cam t<> Dumfries port, And they lighted there right speedilie. w There's five of us will hold the horse, * And other five will watchmen be : " But wha's the man, amang ye a', " Will gae to the Tol booth door wi' me ?" * Bce< Abet, aid. f Mystery Trade. See Shakespeare. 12 275 O up then spak him mettled John Hall, (Frae the laigh Tiviotdale was he) ** If it should cost my life this very night, " I'll gae to the Tolbooth door wi' thee." ** Be of sude cheir, now, Archie, lad ! ** Be of gude cheir, now, dear billie ! " Work thou within, and we without, " And the morn thou'se dine at Ca'field wi' me." O Jockie Hall stepped to the door, And he bended low back his knee ; And he made the bolts, the door hang on, Loup frae the wa' right wantonlie. He took the prisoner on his back, And down the Tbl booth stair cam he ; The black mare stood ready at the door, I wot a foot ne'er stirred she. They laid the links out ower her neck, And that was her gold twist to be ; * And they cam down thro' Dumfries toun, And wow but they cam speedilie. * The Gold Twist means the small gilded chains drawn across the chest of a war-horse, as a part of his caparaison. 276 The live lang night these twelve men rade, And aye till they were right wearie, Until they cam to the Murraywhate, And they lighted there right speedilie. * A smith ! a smith I" then Dickie he cries, " A smith, a smith, right speedilie, " To file the irons frae my dear brither ! * For forward, forward we wad be." They had na filed a shackle of iron, A shackle of iron but barely thrie, When out and spak young Simon brave, * O dinna ye see what I do see ? " Lo ! yonder comes Lieutenant Gordon, " Wi' a hundred men in his cumpanie ; " This night will be our lyke-wake night, " The morn the day we a' maun die." O there was mounting, mounting in haste, And there was marching upon the lee ; Until they cam to Annan water, And it was flowing like the sea. 277 " My mare is young and very skeigh, * " And in o' the weil f she will drown me ; " But ye'll take mine, and I'll take thine, ** And sune through the water we sail be." Then up and spak him, coarse Ca'field, (I wot and little gude worth was he) " We had better lose ane than lose a' the lave ; " We'll lose the prisoner, we'll gae free." " Shame fa' you and your lands baith ! * Wad ye e'en J your lands to your born billy ? " But hey ! bear up, my bonnie black mare, " And yet thro' the water we sail be." Now they did swim that wan water, And wow but they swam bonilie ! Until they cam to the other side, And they wrang their cloathes right drunkily. " Come thro', come thro', Lieutenant Gordon ! u Come thro' and drink some wine wi' me ! * For there is an ale-house here hard by, ** And it shall not cost thee ae penny." * Skeigh Shy. t Weil Eddy. X E'en Even, put into comparison. 27S * Throw me my irons," quo* Lieutenant Gordon ; f I wot they cost me dear aneugh." a The shame a ma," quo' mettled John Ha', ? They'll be gude shackles to my pleugh." * Come thro', come thro', Lieutenant Gordon ! " Come thro' and drink some wine wi' me I " Yestreen 1 was your prisoner, " But now this morning am I free." 279 ARMSTRONG'S GOODNIGHT. The following verses are said to have been composed by one of the Armstrongs, executed for the murder of Sir John Carmichael of Edrom, warden of the middle marches. (See p. 170 J The tune is popular in Scotland ; but whether these are the original words, will admit of a doubt. This night is my departing night, For here nae langer must I stay ; There's neither friend nor foe o'mine, But wishes me away. What I have done thro' lack of wit, I never, never, can recall ; I hope ye're a' my friends as yet ; Goodnight and joy be with you all ! 280 THE FRAY OF SUPORT. AN ANCIENT BORDER GATHERING SONG. FROM TRADITION. Of all the border ditties, which have fallen into the edi- tor's hands, this is by far the most uncouth and savage. It is usually chaunted in a sort of wild recitative, except the burden, which swells into a long and varied howl, not unlike to a view hollo'. The words, and the very great irregularity of tjie stanza (if it deserves the name), suffi- ciently point out its intention and origin. An English woman, residing in Suport, near the foot of the Kershope, having been plundered in the night by a band of the Scot- tish moss-troopers, is supposed to convoke her servants and friends for the pursuit, or Hot Trod ; upbraiding them, at the same time, in homely phrase, for their negli- gence and security. The Hot Trod was followed by the persons who had lost goods, with blood-hounds and horns, 281 to raise the country to help. They also used to carry a burning wisp of straw at a spear head, and to raise a cry, similar to the Indian war-whoop. It appears, from articles made by the wardens of the English marches, September 12th, in 6th of Edward VI. that all, on this cry being raised, were obliged to follow the fray, or chace, under pain of death. With these explanations, the geueral pur- port of the ballad may be easily discovered, though particular passages have become inexplicable, probably through corruptions introduced by reciters. The present copy is corrected from four copies, which differed widely from each other. 282 THE FRAY OF SUPORT Sleep'ry Sim of the Lamb-hill, And snoring Jock or Suport-mill, Ye are baith right het and fou'; But my wae wakens na you. Last night I saw a sorry sight Nought left me, o' four-and-twenty gude ousen and ky, My weel-ridden gelding, and a white quey, But a toora byre and a wide, And the twelve nogs * on ilka side. Fy lads ! shout a' a' a' a' a', My gear's a' gane. Weel may ye ken, Last night I was right scarce o* men : * Nogt Stakes* 283 But Toppet Hob o' the Mains had guesten'd in my house by chance ; I set him to wear the fore-door wi' the speir, while I kept the back door wi' the lance ; But they hae run him thro' the thick o' the thie, and broke his knee-pan, And the mergh * o' his shin bane has run down on his spur leather whang : He's lame while he lives, and where'er he may gang. Fy lads ! shout a' a' a' a' a', My gear's a' gane. But Peenye, my gude son, is out at the Hagbut-head, His e'en glittering for anger like a fiery gleed ; Crying " Mak sure the nooks tf Of Maky's-muir crooks ; * For the wily Scot takes by nooks, hooks, and crooks. " Gin we meet a' together in a head the morn, fj We'll be merry men." Fy lads ! shout a' a' a' a' a', My gear's a' gane. There's doughty Cuddy in the Heugh-head, Thou was aye gude at a' need : * Mergh Marrow. 284 With thy brock-skin bag at thy belt, Ay ready to mak a puir man help. Thou maun awa' out to the cauf-craigs, (Where anes ye lost your ain twa naigs) And there toora thy brock-skin bag. Fy lads ! shout a' a' a' a' a', My gear's a ta'en. Doughty Dan o' the Houlet Hirst, Thou was aye gude at a birst : Gude wi' a bow, and better wi' a speir, The bauldest march-man that e'er followed gear 9 Come thou here. Fy lads ! shout a' a' a' a', My gear's a' gane. Rise, ye carle coopers, frae making o' kirns and tubs, In the Nicol forest woods. Your craft has na left the value of an oak rod, But if you had had ony fear o' God, Last night ye had na slept sae sound, And let my gear be a' ta'en. Fy lads ! shout a' a' a' a' a', My gear's a' ta'en. 285 Ah ! lads, we'll fang them a' in a net ! For I hae a' the fords o' Liddel set ; The Dunkin, and the Door-loup, The Willie-ford, and the Water-Slack, The Black-rack and the Trout-dub of Liddel ; There stands John Forster wi' five men at his back, Wi' buft coat and cap of steil : Boo ! ca' at them e'en, Jock ; That ford's sicker, I wat weil. Fy lads ! shout a' a' a' a' a', My gear's a' ta'en. Moo ! hoo ! gar raise the Reid Souter, and Ringan's Wat, Wi' a broad elshin and a wicker ; I wat weil they'll mak a ford sicker. Sae whether they be Elliots or Armstrangs, Or rough riding Scots, or rude Johnstones, Or whether they be frae the Tarras or Ewsdale, They maun turn and fight, or try the deeps o' Liddel. Fy lads ! shout a' a' a' a' a', My gear's a' ta'en. " Ah ! but they will play ye another jigg, For they will out at the big rig, 286 And thro' at Fargy Grame's gap." * But I hae another wile for that : For I hae little Will, and stalwart Wat, And lang Aicky, in the Souter moor, Wi' his sleuth dog sits in his watch right sure ; Shou'd the dog gie a bark, He'll be out in his sark, And die or won. Fy lads ! shout a' a' a' a' a', My gear's a' ta'en. Ha ! boys I see a party appearing wha's yon ! Methinks it's the captain of Bewcastle, and t Jephtha' John, Coming down by the foul steps of Catlowdie's loan : They'll make a sicker, come which way they will. Ha lads ! shout a' a' a' a' a', My gear's a ta'en. Captain Musgrave, and a' his band, Are coming down by the Siller-strand, And the muckle toun-bell o' Carlisle is rung : My gear was a weel won, And before it's carried o'er the border, mony a man's gae down. Fy lads ! shout a' a' a' a' a', My gear's a' gane. NOTES ON THE FRAY OF SUPORT. And there toom thy brock-skin bag. P. 284. v. 1. Hie badger-skin pouch was used tor carrying ammunition. In the Nicol forest woods. P. 284. v. 3. A wood in Cumberland, in which Suport is situated. For I hae a' the fords o' Liddelset P. 285. v. 1, Watching fords was a ready mode of intercepting the ma- rauders ; the names of the most noted fords upon the Liddel are recited in this verse. And thro' at Fargy Grame's gap. P 286. v. 1. Fergus Grame of Sowport, as one of the chief men of that clan, became security to Lord Scroope for the good behaviour of his friends and dependants. 8th January, 1662. Introduc- tion to History of Westmoreland and Cumberland, p. 111. Wi' his sleuth dog sits in his watch ri^ht sure. P. 286. v. 1. The centinels, who, by the march laws, were planted upon the border each night, had usually sleuth-dogs, or blood-hounds. 288 along with them. See'Nicolson's Border Laws, and Lord Whar- ton's Regulations, in the 6th of Edward VI. Of the blood-hound we have said something in the notes on Hobbte Nobble ; but we may, in addition, refer to the follow- ing poetical description of the qualities and uses of that singu- lar animal : Upon the banks Of Tweed, slow winding thro' the vale, the seat Of war and rapine once, ere Britons knew The sweets of peace, or Anna's dread commands To lasting leagues the haughty rivals awed, There dwelt a pilfering race; well train'd and skill'd In all the mysteries of theft, the spoil Their only substance, feuds and war their sport. Not more expert in every frnudful art The arch felon was of old, who by the tail Drew bark his lowing prize : in vain his wiles, In vain the shelter of the covering rock, In vain the sooty cloud, and ruddy flames, That issued from his mouth ; for soon he paid JHis forfeit life: a debt how justly due To wronged Alcides, and avenging Heaven ! Veil'd in the shades of night, they ford the stream ; Then, prowling far and near, wbate'er they seize Becomes their prey ; nor flocks nor herds are safe, Nor stalls protect the steer, nor strong barr'd doors Secure the favourite horse. Soon as the morn Reveals his wrongs, with ghastly visage wan The plunder'd owner stands, and from his lips A thousand thronging curses burst their way. Hi- calls his -unit allies, and in a line Hi- faithful hounds he leads ; then, with a voice Thai utters loud his rage, attentive cheers. Soon the sagacious brute, his curling tail Flourish'd in air, low bending, plies around His busy nose, the steaming vapour .snuffs Inquisitive, nor leaves one turf untried ; 3 S89 Till, conscious of the recent stains, his heart Beats quick, his snuffling nose, his active tail, Attest his joy ; then, with deep-opening mouth That makes the welkin tremble, he proclaims The audacious felon ! foot by foot be marks His winding-way, while all the listening crowd Applaud his reasonings. O'er the watery ford, Dry sandy heaths, and stony barren hills, O'er beaten tracks, with men and beast distain'd, Unerring he pursues ; till, at the cot Arrived, and seizing by his guilty throat The caitiff vile, redeems the captive prey : So exquisitely delicate his sense ! Somervixle's Chase. Methinks it's the Captain of Bewcastle, fyc. Coming down by the foul steps of Catlowdie' s loan.V. 286. v. 2. According to the late Glenriddell's notes on this ballad, the office of captain of -Bewcastle was held by the chief of the Nixons. Catlowdie is a small village in Cumberland, near, the junc- tion of the Esk and Liddel. Captain Musgrate and d his band. P. 286. v. 3. This was probably the famous Captain Jack Musgrave, who had charge of the watch along the Cryssop, or Kershope, as appears from the order of the watches appointed by Lord Whar- ton, when depnty-warden-general, in 6th Edward VI. VOL. I. 290 LORD MAXWELL'S GOODNIGHT. NEVER BEFORE PUBLISHED. J his beautiful ballad is published from a copy in Glen- riddel's MSS., with some slight variations from tradition. It alludes to one of the most remarkable feuds upon the west marches. A. D. 1585, John, Lord Maxwell, or, as he styled himself, Earl of Morton, having quarrelled with the Earl of Arran, reigning favourite of James VI., and fallen, of course, under the displeasure of the court, was denoun- ced rebel. A commission was also given to the laird of Johnstone, then warden of the west-marches, to pursue and apprehend the ancient rival and enemy of his house. Two bands of mercenaries, commanded by Captains Cran- stoun and Lammie, who were sent from Edinburgh to sup- port Johnstone, were attacked and cut to pieces at Craw- fordmuir, by Robert Maxwell, nataral brother to the 14 291 V chieftain;* who, following up his advantage, burned Johnstone's castle of Lochwood, observing, with savage glee, that he would give Lady Johnstone light enough by which to " set her hood." In a subsequent conflict, John- stone himself was defeated, and made prisoner, and is said to have died of grief at the disgrace which he sustained. See Spottisivoode and Johnstone's Histories, and Moyse's Memoirs, ad annum 1585. By one of the revolutions, common in those days, Max- well was soon after restored to the king's favour, in his turn, and obtained the wardenry of the west marches. A bond of alliance was subscribed by him, and by Sir James Johnstone, and for some time the two clans lived in harmony. In the year 1593, however, the hereditary feud was revived, on the following occasion : A band of marauders, of the clan Johnstone, drove a prey of cattle from the lands belonging to the lairds of Crichton, San- quhar, and Drumlanrig; and defeated, with slaughter, the pursuers, who attempted to rescue their property. [See the folloiving Ballad and Introduction.'] The inju- red parties, being apprehensive that Maxwell would not cordially embrace their cause, on account of his late re- * It is devoutly to be wished, that this Lammie(who was killed in the skirmish) ma)' have been the same miscreant, who, in the clay of Queen Mary's distress, " hes ensigne being of quhyt taffitae, " had painted one it ye creuell murther of King Henry, and layed " down before her majestie, atquhat time she presented herself as '* prisoner to ye lordis. "Birrel's Diary, June 15. 15G7. It would be some satisfaction to know, that the grey hairs of this worthy personage did not go down to the grave in peace. 29 conciliation with the Johnstones, endeavoured to over- come hi* reluctance, by offering to enter into bonds of manrent, and so to become his followers and liegemen ; he, on the other hand, granting to them a bond of main- tenance, or protection, by which he bound himself, in usual form, to maintain their quarrel against all mortals, saving his loyalty. Thus, the most powerful and respecU able families in Dumfries-shire became, for a time, the vassals of Lord Maxwell. This secret alliance was dis- covered to Sir James Johnstone by the laird of Cummer- trees, one of his own clan, though a retainer to Max- well. Cummertrees even contrived to possess himself of the bonds of manrent, which he delivered to his chief. The petty warfare betwixt the rival barons was instantly renewed. Buccleuch, a near relation of Johnstone, came to his assistance with his clan, " the most renowned free- " hooters (says a historian,) the fiercest and bravest war- " riors, among the border tribes." * With Buccleuch also came the Elliots, Armstrongs, and Graemes. Thus reinforced, Johnstone surprised and cut to pieces a party of the Maxwells, stationed at Lochmaben. On the other hand, Lord Maxwell, armed with the royal authority, and numbering among his followers all the barons of Nithesdale, displayed his banner as the king's lieutenant, and invaded Annandale at the head of 2000 men. In Inter accolas latrociniis famotot Scotot Buccleuchi clicntesfor- tisiimot tribulium et fereciuimos. Johnstoni Historia, Ed. Am- $tl. p. m. 293 those days, however, the royal auspices seem to have car- ried as little good fortune as effective strength with them. A desperate conflict, still renowned in tradition, took place at the Dryffe sands, not far from Lockerby, in which Johnstone, although inferior in numbers, partly by his own conduct, partly by the valour of his allies, gained a decisive victory. Lord Maxwell, a tall man, and heavily armed, was struck from his horse in the flight, and cruel- ly slain, after the hand, which he stretched out for quar- ter, had been severed from his body. Many of his fol- lowers were slain in the battle, and many cruelly wound- ed; especially by slashes in the face, which wound was thence termed a " Lockerby lick." The barons of Lag, Closeburn, and Drumlanrig, escaped by the fleetness of their horses; a circumstance alluded to in the following ballad. This fatal battle was followed by a long feud, attended with all the circumstances of horror, proper to a barba- rous age. Johnstone, in his diffuse manner, describes it "thus : " Ab eo die ultro citroque in Annandia et Nithia " magnis utriusque regionis jacturis certatum. Cades, in- " cendia, rapinct, et nefanda facinora ; liberi in maternis " gremiis trucidati; mariti in conspectu conjugum sua- " rum, incensce villa lamentabiles ubique querimonia et hor- " ribiles armorum fremitus" Johnstoni Historia, Ed. Amstccl. p. 182. John, Lord Maxwell, with whose Goodnight the reader is here presented, was son to him who fell at the battle of 804 Dryffe Sands, and is said to have early vowed the deepest revenge for his father's death. Such, indeed, was the fiery and untarueable spirit of the man, that neither the threats nor entreaties of the king himself could make him lay aside his vindictive purpose; although Johnstone, the objectof his resentment, had not only reconciled himself to the court, but even obtained the wardenry of the middle* marches, in room of Sir John Carmichael, murdered by the Armstrongs. Lord Maxwell was therefore prohibited to approach the border counties; and having, in con- tempt of that mandate, excited new disturbances, he was confined in the castle of Edinburgh. From this fortress, however, he contrived to make his escape ; and, having repaired to Dumfries-shire, he sought an amicable inter- view with Johnstone, under pretence of a wish to accom- modate their differences. Sir Robert Maxwell, of Or- chardstane (mentioned in the Ballad, verse 1.,) who was married to a sister of Sir James Johnstone, persuaded his brother-in-law to accede to Maxwell's proposal. The two chieftains met, each with a single attendant, at a place called Achmanhill, 6th April, 1608. A quarrel arising betwixt the two geutlemeu who attended them (Charles Maxwell, brother to the laird of Kirkhouse, and Johnstone of Lockerby,) and a pistol being discharged, Sir James turned his horse to separate the combatants; at which instant Lord Maxwell shot him through the back with a brace of bullets, of which wound he died on the spot, after having for some time gallantly defended him- 295 self against Maxwell, who endeavoured to strike him with his sword. " A fact," saith Spottiswoode, " detested by " all honest men, and the gentleman's misfortune severely " lamented, for he was a man full of wisdom and cou- " rage." Spottiswoode, Edition 1677, pages 467, 504. Johnstoni HistoriaEd. Amstal. pp. 254, 283, 449. Lord Maxwell, the murderer, made his escape to France ; but, having ventured to return to Scotland, he was appre- hended lurking in the wilds of Caithness, and brought to trial at Edinburgh. The royal authority was now much strengthened by the union of the crowns, and James em- ployed it in staunching the feuds of the nobility, with a firmness which was no attribute of his general character. But, in the best actions of that monarch, there seems to have been an unfortunate tincture of that meanness, so visible on the present occasion. Lord Maxwell was in- dicted for the murder of Johnstone; but this was com- bined with a charge of fire-raising, which, according to the ancient Scottish law, if perpetrated by a landed man, constituted a species of treason, and inferred forfeiture. Thus, the noble purpose of public justice was sullied, by being united with that of enriching some needy favourite. John, Lord Maxwell, was condemned, and beheaded, 2 1st May, 1613. Sir Gideon Murray, treasurer- depute, had a great share of his forfeiture ; but the attainder was afterwards reversed, and the honours and estate were con- ferred upon the brother of the deceased. Laing's His- 296 tory of Scotland, Vol. L p. 62. Johnstoni Historic, p. 493. The lady, mentioned in the ballad, was sister to the Marquis of Hamilton, and, according to Johnstone the historian, had little reason to regret being separated from her husband, whose harsh treatment finally occasioned her death. But Johnstone appears not to be altogether untinctured with the prejudices of his clan, and is pro- bably, in this instance, guilty of exaggeration ; as the ac- tive share, taken by the Marquis of Hamilton in favour of Maxwell, is a circumstance inconsistent with such a re- port. Thus was finally ended, by a salutary example of seve- rity, the " foul debate" betwixt the Maxwells and John- stones, in the course of which each family lost two chief- tains ; one dying of a broken heart, one in the field of battle, one by assassination, and one by the sword of the executioner.' It seems reasonable to believe, that the following ballad must have been written before the death of Lord Max- well, in 1613 ; otherwise there would have been some al- lusion to that event It must therefore have been com- posed betwixt 1608 and that period. 297 LORD MAXWELL'S GOODNIGHT. "Adieu, madame, my mother dear, But and my sisters three ! Adieu, fair Robert of Orchardstane ! My heart is wae for thee. Adieu, the lily and the rose, The primrose fair to see : Adieu, my ladie, and only joy ! For I may not stay with thee. * Though I hae slain the Lord Johnstone, What care I for their feid ? My noble mind their wrath disdains : He was my father's deid. Both night and day I laboured oft Of him avenged to be ; But now I've got what lang I sought, And I may not stay with thee. 258 " Adieu ! Druiulanrig, false wert aye, And Closeburn in a band ! Tiie laird of Lag, frae my father that fled, When tin Johnston struck ail" his hand. They were three brethren in a band Joy may they never see ! Their treacherous art, and cowardly heart, Has twin'd my love and me. " Adieu ! Dumfries, my proper place, But and Carlaverock fair ! Adieu ! my castle of the Thrieve, Wi' a' my buildings there : Adieu ! Lochmaben's gates sae fair, The Langholm-hoim where birks there be ; Adieu ! my ladye, and only joy, For, trust me, 1 may not slay wi' thee. " Adieu ! fair Eskdale up and down, Where my puir friends do dwell; The bangisters * will dmg them down, And will them sair compeil. But I'll avenge their feid mysell, When 1 come o'er the sea; Adieu ! my ladye, and only joy, For 1 uiny not stay wi' thee." Bangutert The prevailing party. 299 ** Lord of the land !" that ladye said, " O wad ye go wi' me, Unlo my brother's stately tower, Where safest ye may be ! There Hamiltons and Douglas baith, Shall rise to succour thee." " Thanks for thy kindness, fair my dame, But I may not stay wi' thee." Then he tuik affa gay gold ring, Thereat hang signets three ; " Hae, take thee that, mine ain dear thing, And still hae mind o'me: But, if thou take another lord, Ere I come ower the sea His life is but a three day's lease, Tho' I may not stay wi' thee." The wind was fair, the ship was clear, That good lord went away ; And most part of his friends were there, To give him a fair convey. They drank the wine, they did na spair, Even in that gude lord's sight Sae now he's o'er the floods sae gray, And Lord Maxwell has ta'en his Goodnight. 500 NOTES ON LORD MAXWELL'S GOODNIGHT. Adieu ! Drumlanrig, SfC. P. 298. v. 1. The reader will perceive, from the Introduction, what con- nection the bond, subscribed by Douglas of Drumlanng, Kirk- pat rick of Closebum, and Grierson of Lagg, had with the death of Lord Maxwell's father. For the satisfaction of those, who may be curious as to the form of these bonds, 1 have transcribed a letter of manreut, * from a MS. collection of up- wards of twenty deeds of that nature, copied from the origi- nals by the late John Syme, Esq. writer to the siguet; for the use of which, with many other favours of a similar nature, I am indebted to Dr Robert Anderson <>t Edinburgh. The bond is granted bv Thomas Kirkpatnck of Closcburn, to Robert, Ixml Maxwell, father of him who was slain at the battle of the Dryffe Sands. The proper spelling; is manred. Thai, in the romance of Fir rice and Blanche/lour He wil falle to tbi fot, " And bicom tui man gif be root; " His manred thou schalt afooge, " And the trewtheof his honde.'" 301 BOND OF MANRENT. rt Be it kend till all men be thir present lettres, me Thomas a Kirkpatrick of Closburn, to be bundin and oblist, and be the tenor heirof, bindis and oblissis me be the faith and treuth u of my body, in manrent and service to ane nobil and mychty " lord, Robert Lord Maxwell, induring all the dayis of my " lyfe ; and byndis and oblissis me, as said is, to be leill and " trew man and servant to the said Robert Lord Maxwell, my " master, and sail nowthir heir nor se his skaith, but sail lat " the samyn at ray uter power, an warn him therof. And I sail conceill it that the said lord schawis to me, and sail gif " him agane the best leill and trew counsale that I can, quhen " he ony askis at me; and that I sail ryde with my kin, freyndis, " servandis, and allies, that wil do for me, or to gang with the " said lord ; and do to. him aefauld, trew, and thankful service, " and take aefauld playne part with the said lord, my maister, " in all and sindry his actionis, causis, quarrellis, leful and ho- " nest, movit, or to be raovit be him, or aganis him, baith in '* peace and weir, contrair or aganis all thae that leiffes or de " may (my allegeant to owr soveran ladye the quenis grace, her " tutor and governor, allanerly except.) And thir my lettres of " manrent, for all the dayis of my life foresaid to indure, all " dissimulations, fraud, or gyle, secludit and away put. In wit- " ness," &c. The deed is signed at Edinburgh, 3d February, 1542. In the collectiou, from which this extract is made, there are bonds of a similar nature granted to Lord Maxwell, by Douglas of Drumlanrig, ancestor to the Duke of Queensberry ; by Crichton Lord Sanquhar, ancestor of the earls of Dumfries, and many of his kindred ; by Stuart of Castlerailk ; by Stuart of Garlies, ancestor of the earls of Galloway ; by Murray of Cockpool, ancestor of the Murrays, lords Annandale ; by Gri- erson of Lagg, Gordon of Lochmaben, and many other of the most ancient and respectable barons in the south-west of Scot- land, binding themselves, in the most submissive terms, to be- come the liegemen and the vassals of the house of Maxwell ; 302 a circumstance which must highly excite our idea of the power of that family. Nay, even the rival chieftain, Johnstone of Johnstone, seems at one time to have come under a similar ob- ligation to Maxwell, by a bond, dated 1 1th February 1528, in which reference is made to the counter-obligation of the pa- tron, in these words : M Fornsmeikle as the said lord has oblist u him to supple, maintene, and defend me, in the pcciabill " brouking and joysing of all my landis, rentis, &c. and to take u my sefald, leill and trew part, in all my good actionis, causis, u and quarks, leiful and honest, aganes all deedlie, his alled- * geance to our soveraigne lord the king allanerly excepted, as " at raair length is contained in his Iettre3 of maintenance ruaid * to me therupon ; therefore, &c" he proceeds to bind himself as liegeman to the Maxwell. I cannot dismiss the subject without observing, that, in the dangerous times of Queen Mary, when most of these bonds are dated, many barons, for the sake of maintaining unanimity and good order, may have chosen to enroll themselves among the clients of Lord Maxwell, then warden of the border, from which, at a less turbulent period, personal considerations would have deterred them. Adieu ! my castle of the Thricve.P. 298. v. 2. This fortress is situated in the stewartry of Kirkcudbright, upon an island several acres in extent, formed by the river Dee. The walls are very thick and strong, and bear the marks of great antiquity. It was a royal castle; but the keeping of it, agreeable to the feudal practice, was granted by charter, or sometimes by a more temporary and precarious right, to differ- ent powerful families, together with lands for their good ser- vice in maintaining and defending the place. This office of heritable keeper remained with the Nithesdale family (chief of the Maxwells) till their forfeiture, 1715. The garrison seems to have been victualled upon feudal principles; for each parish in the stewartry was hardened with the yearly payment of a lardner mart cow, i. e. a cow fit for being killed and salted at Martinmas, for winter provisions. The right of levying these 303 cattle was retained by the Nithesdale family, when they sold the castle and estate, in 1704, and they did not cease to exer- cise it till their attainder. FountainhaWs Decisions, Vol. I. p. 688. This same castle of the Thrieve was, A. D. 1451-2, the scene of an outrageous and cruel insult upon the royal authority. The fortress was then held by William VIII. Earl of Douglas, who, in fact, possessed a more unlimited authority over the southern districts of Scotland, than the reigning monarch. The earl had, on some pretence, seized and imprisoned a baron, called Maclellan, tutor of Bombie, whom he threatened to bring to trial, by his power of hereditary jurisdiction. The uncle of this gentleman, Sir Patrick Gray of Foulis, who com- manded the body-guard of James II., obtained from that prince a warrant, requiring from Earl Douglas the body of the pri- soner. When Gray appeared, the earl instantly suspected his errand. " You have not dined," said he, without suffering him to open his commission : " it is ill talking between a full " man and a fasting." While Gray was at meat, the unfortu- nate prisoner was, by Douglas's command, led forth to the court-yard and beheaded. When the repast was finished, the king's letter was presented and opened. " Sir Patrick," says Douglas, leading Gray to the court, " right glad had I been " to honour the king's messenger ; but you have come too late. " Yonder lies your sister's son, without the head : you are wel- " come to his dead body." Gray, having mounted his horse, turned to the earl, and expressed his wrath in a deadly oath, that he would requite the injury with Douglas's heart's blood. " To horse !" cried the haughty baron, and the messengerof his prince was pursued till within a few miles of Edinburgh. Gray, however, had an opportunity of keeping his vow ; for, being upon guard in the king's anti-chamber at Stirling, when James, incensed at the insolence of the earl, struck him with his dagger, Sir Patrick rushed in, and dispatched him with a pole-axe. The castle of Thrieve was tbe last of the fortresses which held out for the house of Douglas, after their grand re- 304 U-liion in 155S. James II. writes an account of the exile of this potent family, to Charles VII. of France, 8th July, 1555 ; and adds, that all their castles had been yielded to him, " Ex- " cepto duntasat castr'o de Trefe, per nostros fideles impratew u tiarum obsesso ; quod domino concedente in brevi obtinere spcramus? Pinkerton's History, Appendix,Vo\. I. p. 486. See Pit scot tie's History, Godscroft, tec. And most part of his friends were there.. P. 299. v. 3. The ancestor of the present Mr Maxwell of Broomholm is particularly mentioned in Olenriddel's MS. as having attended his chieftain in his distress, and as having received a grant of lands, in reward of this manifestation of attachment. Sae now he's o'er the floods sae gray. P. 299. . 3. This seems to have been a favourite epithet in old romances. Thus in Hornchilde, and Maiden liimuild, Thai say ltd ower the/lode so gray, In Inglond arrived were thay, Ther him levest ware. 305 THE LADS OF WAMPHRAY. i he reader will find, prefixed to the foregoing ballad, an account of the noted feud betwixt the families of Maxwell and Johnstone. The following song celebrates the skir- mish, in 1593, betwixt the Johnstones and Crichtons, which led to the revival of the ancient quarrel betwixt Johnstone and Maxwell, and finally to the battle of Dryffe Sands, in which the latter lost his life. Wamphray is the name of a parish in Annandale. Lethenhall was the abode of Johnstone of Wamphray, and continued to be so till of late years. William Johnstone of Wamphray, called the Galliard, was a noted freebooter. A place, near the head of Tiviotdale, retains the name of the Galliard' 's Faulds, (folds) being a valley where he used to secrete and divide his spoil, with his Liddesdale and Eskdale associates. His nom de guerre seems to have been derived from the dance called The Galliard. The word is still used in Scotland, VOL. I. V 306 to express an active, gay, dissipated character, f Willie of the Kirkhill, nephew to the Galliard, and his avenger, was also a noted border robber. Previous to the battle of DryflTe Sands, so often mentioned, tradition reports, that Maxwell had offered a ten-pound-land to any of his party, who should bring him the head or hand of the laird of Johnstone. This being reported to his antagonist, he answered, he had not a ten-pound land to offer, but would give a five-merk-land to the man who should that day cut off the head or hand of Lord Maxwell. Willie of the Kirkhill, mounted upon a young gray horse, rushed upon the enemy, and earned the reward, by striking down their unfortunate chieftain, and cutting off his right hand. Leverhay, Stefenbiggin, Girth-head, &c. are all situa- ted in the parish of Wamphray. The Biddes-burn, where the skirmish took plac betwixt the Johnstones and their pursuers, is a rivulet which takes its course among the mountains on the confines of Nithesdale and Annandale. The Wellpathis a pass by which the Johnstones were re- treating to their fastnesses in Annandale. Ricklaw-holm is a place upon the Evan water, which falls into the An- + Cleveland applies the phrase in a very different manner, ia treating of the assembly of Divines at Westminster, 1641 : And Selden is a Galliard by himself, And wel might be ; there's more divines in bim, Than in all this their Jewish Sanhedrim. Skelton, in bis railing poem against James IV., terms him Sir Skyr Galyard. 3 307 an, below Moffat. Wamphray-gate was in these days an ale-house. With these local explanations, it is hoped the following ballad will be easily understood. From a pedigree in the appeal case of Sir James John- stone of Westeraw, claiming the honours and titles of An- nandale, it appears that the Johnstones of Wamphray were descended from James, sixth son of the sixth baron of Jehnstone. The male line became extinct in 1657. 308 THE LADS OF WAMPHRAY. Twixt Girth-head and the Langwood end, Lived the Galliard, and the Galliard's men; But and the lads of Leverhay, That drove the Crichton's gear away. It is the lads of Lcthcnha', The greatest rogues amang them a' : But and the lads of Steienbiggin, They broke the house in at the rigging. The lads of Fingland, and Helbeck-hill, They were never for good, but aye for ill ; Twixt the Slay wood-bush and Langside-hill, They stealed the broked cow and the branded bull. 309 It is the lads of the Girth-head, The deil's in them for pride and greed ; For the Galhard, and the gay Galliard's men, They ne'er saw a horse but they made it their ain. The Galliard to Nithsdale is gane, To steal Sim Crichton's winsome dun ; The Galliard is unto the stable gane, But instead of the dun, the blind he has ta'ertt * Now Simmy, Simmy of the Side, " Come out and see a Johnstone ride ! " Here's the bonniest horse in a' Nithside, ** And a gentle Johnstone aboon his hide." Simmy Crichton's mounted then, And Crichtons has raised mony a ane ; The Galliard trowed his horse had been wight, But the Crichtons beat him out o' sight. As soon as the Galliard the Crichton saw, Behind the saugh-bush he did draw ; And there the Crichtons the Galliard hae ta'en, And nane wi' him but Willie alane. 310 " O Simray, Simmy, now let me gang, " And I'll never mair do a Crichton wrang ! " O Simmy, Simmy, now Jet me be, " And a peck o' gowd I'll give to thee ! " O Simmy, Simray, now let me gang, * And my wife shall heap it with her hand." But the Crichtons wad na let the Galliard be, But they hanged him hie upon a tree. O think then Willie he was right wae, When he saw his uncle guided sae ; " But if ever I live Wamphray to see, " My uncle's death avenged shall be !" Back to Wamphray he is gane, And riders has raised mony a ane ; Saying " My lads, if ye'll be true, * Ye shall a' be clad in the noble blue." Back to Nithsdale they have gane, And awa' the Crichtons' nowt hae ta'en ; But when they cam to the Wellpath-head, The Crichtons bade them 'light and lead. 311 And when they cam to the Biddes burn, The Grichtons bade them stand and turn ; And when they cam to the Biddes strand, The Crichtons they were hard at hand. But when they cam to the Biddes law, The Johnstones bade them stand and draw ; " We've done nae ill, we'll thole nae wrang, * But back to Wamphray we will gang." And out spoke Willy of the Kirkhill, * Of fighting, lads, ye'se hae your fill." ' And from his horse Willie he lap, And a burnished brand in his hand he gat. Out through the Crichtons Willie he ran, And dang them down baith horse and man ; O but the Johnstones were wondrous rude, When the Biddes burn ran three days blood. " Now, Sirs, we have done a noble deed ; ' " We have revenged the Galliard's bleid : " For every finger of the Galliard's hand, " I vow this day I've killed a man." sit As they cam in at Evan-head, At Ricklaw-holm they spread abreadf * Drive on, my lads ! it will be late ; " We'll hae a pint at Wamphray gate. * For where'er I gang, or e'er I ride, " The lads of Wamphray are on my side ; t And of a' the lads that I do ken, * A Wamphray lad's the king of men. THE END OF THE FIRST VOLUME. Edinburgh : Printed by James Ballantyne & Co. \ THE UNIVERSITY LIBRARY This book is DUE on the last date stampAj)elow 1Q . >i ' ilVJjO^ %)JI1VJ) %j: ^OFCAUFO/?^ ^OFG" S *W ! _V# . / U S3 *= 1 f =3 11 Hi rvHan-i^ ^[UBRARYfle ot CaMomia. 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