Chapter II: Introduction (2)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"_Thursday, November 11, 1662_.

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

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

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

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

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

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

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

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

* * * * *

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

* * * * *

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

_History of the name of Scott_.

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

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

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

_Pinkerton's Scotish Poems_, Vol. II p. 180.

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

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

* * * * *

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

_Ib_. p. 156.

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

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

_Ib_. p. 194.

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

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

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

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

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

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

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

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

_Complaynt of Scotland_, _Edin_. 1801, p. 164.]

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

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

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

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

[Footnote 37: 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 fourth yeare of the king's raigne, as well gentlemen as others, inhabiting the places aforesayde, finding the 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 disavowed, only to avoyde charge of common defence."]

[Footnote 38: "As for the humours of the people (_i.e._ of Tiviotdale), they were both strong and warlike, as being inured to war, and daily incursions, and the most part of the heritors of the country gave out all their lands to their tenants, for military attendance 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 William Scott of Harden, and Kerr of Sunlaws, apud Macfarlane's MSS._]

[Footnote 39: 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 abuilzed men as effeiris: and to be reddie at their principal place, and to pass, with the wardanes, quhen and quhair they sail be charged."--_Acts of James II._, cap. 55, _Of garisonnes to be laid upon the borderes_.--Hence Buchanan has justly described, as an attribute of the Scottish nation,

"_Nec fossis, nee muris, patriam sed Marte tueri_."

[Footnote 40: 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.]

[Footnote 41: I ought to except the famous Dand Ker, who was made prisoner in his castle of Fairnihirst, after defending it bravely against Lord Dacres, 24th September, 1523.]

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 Haughhead, near the junction of the Kale and Teviot. The inscription records the defence made by Hobbie Hall, a man of great strength and courage against an attempt by the powerful family of Ker, to possess themselves of his small estate[42].

[Footnote 42: 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:
But wi' his sword, he cut the foremost's soam
In two; and drove baith pleughs and pleughmen home.
1620.

_Soam_ means the iron links, which fasten a yoke of oxen to the plough.]

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

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

[Footnote 43: 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 letters announced to his followers the course which he had taken. See _Statistical Account of the Parish of Linton_.]

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

[Footnote 44: See Appendix.]