[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 princ.i.p.al 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, hors.e.m.e.n 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 hacb.u.t.teris being all horsed, enterit in Striveling, be fyve houris in the morning (whair thair was never one to mak watche), crying this slogane, 'G.o.d 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 c.u.m 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 G.o.d, 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 ma.n.u.script 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 a.s.sumed the reigns of government.--The intervening skirmish of the Reidswire (see the ballad under that t.i.tle) 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 a.s.sistance.

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 amba.s.sador. 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.--_G.o.dscroft_, 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 n.o.bles. James, doomed to be the sport of contending factions was seized at Stirling by the n.o.bles, 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 amba.s.sador, 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 a.s.sociated n.o.bles 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_."--_G.o.dscroft_, 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 n.o.bleman disturbed the next ten years of James's reign. Francis Stuart, son to a b.a.s.t.a.r.d of James V., had been invested with the t.i.tles 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 superst.i.tion 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 n.o.bility, 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 a.s.sailants from profiting by their disunion.

Melville, who was present, gives a lively picture of the scene of disorder, transiently illuminated by the glare of pa.s.sing 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 a.s.semble 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 pa.s.sed 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 Ess.e.x, 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 pa.s.sing 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, ent.i.tled, "_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 n.o.bles 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 c.u.mberland; east and west Tividale, Liddesdale, Eskdale, Ewsdale, and Annesdale, in Scotland (saving n.o.blemen 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 c.u.mberland_, 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, a.s.sizes 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 a.s.similated 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 princ.i.p.al 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 a.s.sumed 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 ent.i.tled 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.]

Satch.e.l.ls, 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 G.o.d that I were sound and haill, Now lift.i.t into Liddesdail; The Mers sowld fynd me beiff and caill, What rack of breid?

War I thair lyft.i.t with my lyfe, The devill sowld styk me with a knyffe, An' ever I c.u.m 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: