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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

"_Thursday, November 11, 1662_.

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

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

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

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

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

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

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

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

         *       *       *       *       *

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

         *       *       *       *       *

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

  _History of the name of Scott_.

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

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

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

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

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

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

         *       *       *       *       *

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

_Ib_. p. 156.

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

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

_Ib_. p. 194.

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

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

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

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

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

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

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

It is singular that, about this very period, the same circumstances
are severely animadverted upon by the strenuous Scottishman, who wrote
the _Complaynt of Scotland_, as well as by the English author above
quoted. "There is nothing that is occasione of your adhering to
the opinion of Ingland contrair your natife cuntrГ©, 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,