PK mm V-' ■■ ,iv»ij# W&k $|§| 3 w&ten J^MKIBSGjlaK %&H rJSJsaaBSs nn v V. :■' wIP Sill sgsgggB 1 SratoSSi*'; '" ' ^ .•'''•■ ■•■••.■- v '"' |§f|f MB ■HBR •> 4 * t- w 'J « e 3 A 3 3 8 3 O © 3 « « UPPER TEVIOTDALE THE SCOTTS OF BUCCLEUCH A LOCAL AND FAMILY HISTORY BY J. RUTHERFORD OLIVER tttl) Illustrations of Boroer Scenerg By T. H. LAIDLAW -< r ■ *1D ^ QIj -~» HAWICK: W. & J. KENNEDY 1887 r Fifty Copies of this work, printed on large paper, of whioh th is JTo.J&£&. Chapter xxiv., p. 89. + Key;. Sec. Concilii, p. 289. Upper Teviotdale mid the Scotts of Buccleuch. 57 filled from the treasure chest of Percy's army, probably by some thief, and that the marching orders had been given so suddenly as to leave him no time to remove his hoard. There have also been found, near the same place, one or two stone balls, such as were used for cannon on their first introduction, and a very curious ornament or brooch of iron, which appears to have formed some part of the equipment of a horse. There is something ludicrous in the thought of a powerful army, led by two of the most renowned generals of the age, encamping round a little border tower, battering away at its walls, and summoning Greenlaw, the squire in charge — who was defending the tower in all good faith — to parley, and finally entering into a treaty with him, that he should deliver up the tower on a certain day, unless relieved by battle. Northumberland carried the joke so far as to write to the King telling him that he held indentures for the delivery of the castle, and bragged a little of the great things he was doing in Scotland.* Meanwhile Gledstanes, the proprietor of Coklaw, had hurried off to the Regent to acquaint him with the danger to which his tower was exposed, and was delighted with the readiness and spirit with which Albany announced his intention of marching to the relief of the castle. He knew that the siege was a mere ruse ; but he summoned an army, and marched to Coklaw, ostensibly to raise the siege, but with the secret purpose of joining the Percies. When he reached the Borders, however, he found the tower in its native loneliness, and the army gone. News of the defeat at Shrewsbury, and the death of Hotspur, soon after reached Scotland, and Albany disbanded his army and returned to the north. In 1408 Sir William Douglas of Drumlanrig, with a party of his retainers and others from Upper Teviotdale, stormed the castle of Jedburgh.t For nearly a hundred years it had been in the hands of the English, and secure in their strong fortress, the garrison could plunder and ravage the country at their pleasure, and it was for the purpose of stopping this that the siege was undertaken. The castle was taken, and the garrison either made prisoners or put to the sword. The castle, being so near the Border, had been more used to shelter enemies than to protect the country, and it was judged safest to raze it to the ground. But this was a work of great difficulty, as the walls were so thick, and the masonry so strong, and it was proposed to defray the cost of levelling it by a household tax of two * Pinkerton's * History of Scotland,' vol. i. p. 77. t Ridpath's ' Border History,' p. 262. I 58 Upper Teviotdale and the Scott s of Buccleuch. pennies. The Regent Albany, who was unpopular, but was very desirous of getting into favour with the public, declared that rather than impose a tax on the people he would himself pay the money from the royal treasury, which was accordingly done. In 141 1 Douglas of Drumlanrig,* in conjunction with Gavin, a son of the Earl of March, made an attack on the town of Roxburgh, still in the hands of the English. They burned the town, and broke down the bridge over the Tweed. Sir Robert Umfraville, Vice-Admiral of England, had just been appointed keeper of the castle, and in revenge for the outrage committed in his jurisdiction, fitted out a squadron of ten ships, with which he committed great depredations on both shores of the Forth. He also captured fourteen Scottish merchant ships, laden with grain, and took them to England. There was a great scarcity of grain in England at the time, and the corn brought from Scotland so reduced the price of provisions, that Umfraville was afterwards known by the soubriquet of ' Robin- Mend-the-Market' This Umfraville had charge of the education of young Gilbert Umfraville, titular Earl of Angus. In order to celebrate the boy's fourteenth birthday, when his banner was to be unfurled for the first time, he made a raid into Scotland. Making a sudden descent on Jedburgh on the fair day, he completely destroyed and pillaged it. It forms a dreadful commentary on the manners of the times, when the sacking and burning of a town, with all its attendant horrors, was regarded as a holiday pastime. The Duke of Albany, who still held the supreme power, had never commanded great respect, but the popular feeling against him was intensified by the report, which was generally believed, that he had caused the death of his nephew, the Duke of Rothesay, the heir to the crown. It had been suspected that he had designs against James, the second son of Robert III., and to remove him from the risk of harm, he was sent to France for his education. The vessel in which he sailed was captured by an English ship off the Yorkshire coast, and the young Prince detained a prisoner, and it was suspected that his captivity was connived at, if not instigated, by his uncle the Regent. When the news of the capture of his son was brought to Robert III. he sank under his troubles, and died a few months afterwards, and the captive boy was now King of Scotland. * Ridpath's 'Border History,' p. 263. Upper Teviotdale and the Scolts of Bnccleuch. 59 It would not have suited Albany's plans for the young King to return to his dominions. He was determined to retain his authority in Scotland, and was aware that it would be at an end should his nephew be released. He, therefore, encouraged the hostilities on the Borders, and tried to thwart all amicable negotiations which might be likely to result in the King being set at liberty. In this way twelve years passed and found the King still ill captivity. Though a prisoner, King James had been well and liberally educated at the English Court. He was endowed with a good understanding, and with every grace and accom- plishment which could adorn his station, and much was hoped for the prosperity of the country on his return. The Scots were very anxious to secure his release, and in 1418 they were so far successful that the King of England was ready to deliver up the King of Scots, and only a few final arrangements required to be adjusted before the treaty was signed. Albany, who had been the chief cause of his protracted exile, had reason to dread his return, and he and his son Murdoch determined to make another effort to prolong his captivity, and prevent the power from slipping out of their hands. To carry out their selfish designs, they hesitated not to plunge the country into war. Collecting a large army, Albany and his son laid siege to Roxburgh and Berwick ; but on the news that an English force, under the Duke of Bedford, was approaching, they abandoned their enterprise with such pusillanimous haste, that the expedition was sarcastically termed the ' Fuil, or Foolish Raid.' Albany, however, cared little for the ridicule he had incurred, so long as his object was accomplished, and the restoration of King James indefinitely postponed. As usual, the Borders felt the full effect of the renewal of hostilities, for Albany's 1 Fuil Raid' was followed, in the natural order of things, by an inroad by Umfraville, Mend-the-Market. He invaded Scotland from the east, and burned what were called the rich Border towns of Hawick, Selkirk, and Jedburgh, Lauder and Dunbar, with many hamlets and granges in Teviotdale. This is the first time we hear of Hawick having been burnt by the English. Jedburgh, Roxburgh, and Berwick had been destroyed, but Hawick, owing probably to its remote situation among the hills, and partly also to the fact that the barony in early times belonged to an English vassal, seems to have enjoyed an immunity from the dangers to which other Border towns were exposed. After this period, however, Hawick fared like the rest. Beyond the bald statement that Hawick was left in ashes, we have no details regarding its destruction. The houses being mostly of 60 Upper Teviotdale and the Scotts of Buccleuch. wood, were easily consumed and as easily reconstructed. The burning of the houses was the least of the evils the people had to dread on such occasions, it was rare that they had sufficient warning of the approach of an enemy to remove the sick or aged to a place of safety, or to secure their goods and valuables. Plunder was an important consideration in these raids, and to secure that, it was necessary to take people by surprise. Nor were the soldiers at all scrupulous about the shedding of blood, and they appear to have regarded the sufferings they caused with indifference. Though the whole south of Scotland was laid waste on this occasion, the Scots had little right to complain ; they endured nothing worse than they had often inflicted on their neighbours across the Border. The notices of Hawick about this period are few and meagre; and until after the battle of Flodden, nearly a century later, there are no local records whatever, a fact which is sufficiently accounted for by such visits as that of Robin Mend- the-Market, when such records as existed perished in the flames. Andrew of Hawick, Canon of Dunkeld, and Rector of the church of Linton, was secretary to the Duke of Albany for twenty years, and his name frequently occurs as witness to charters by the Duke, in the Register of the Great Seal. Hawick at this period is spoken of by historians as a wealthy Border town, but what its wealth consisted of is left to conjecture. CHAPTER IV. ' Here I speak nought but truth, all men may note The very true antiquity of the name of Scot.' • ' Slaughter and knocking on the head, The trade to which they all were bred.' Scot of Satchells. Hudibras. It will be remembered that the lands of Branxholme had form- ed part of the possessions of the Lovels, who held them, along with the barony of Hawick, till the time when they were forfeited under Robert Bruce. Edward III. re- stored the barony of Hawick to its original owners in 1347 ; but Branxholme had passed into other hands. It had first been granted to the Baliols, and afterwards 62 Upper Teviotdale and the Scotts of Bucclench. to the Murrays of Strathearn. It then came into the hands of a family called Inglis. 'Inglis' is the ordinary Scotch way of spelling English, and is the regular and only form of the word to be found in Scotch writers. So the name in this case may have merely indicated the nationality of the family ; and as in other similar cases of 'Welsh,' 'French,' etc., it became at length a surname. We have no information as to the time when Inglis became possessed of the lands of Branxholme. Probably they were granted by Edward the Third after he took possession of Teviotdale. When Richard Lovel petitioned Edward to restore his lands in the barony of Hawick, his claim did not include Branxholme, though the grounds on which he rested his petition, viz., ' that he had been seized in it from time immemorial,' would have applied with equal force to Branxholme ; and its omission can only be accounted for on the supposition that it was in the hands of one whom Edward would not wish to disturb. This Inglis of Branxholme was a man of some renown, and could claim kinship with the Royal Stewards. In 1396 King Robert the Third granted to his kinsman, Sir William Inglis, in reward for his notable exploit in slaying Sir Thomas de Strother, an English Knight, in single combat on the Marches, the whole barony of Manor, to be held blench of the Crown, together with the Lordship of the barony.* It was usual in those days of chivalry for knights to challenge each other to mortal combat ; but there must have been more than ordinary interest attaching to this encounter, when the victor was so nobly rewarded by his sovereign. About thirty years later — in the reign of James the First — Inglis of Manor effected an exchange of lands with Robert Scott of Rankilburn, when he gave half the barony of Branxholme for part of the lands of Murthockstone in Lanarkshire. It is traditionally related that this transaction arose out of a conversation between Scott and Inglis, when the latter complained of the losses he sustained through the incursions of the English borderers, who frequently plundered his lands of Branxholme, and Scott at once offered to give him Murthockstone in exchange for them. When the bargain was concluded, Scott made the significant remark, that 'the cattle in Cumberland were as good as those in Teviotdale.' * However that may be, the transaction had apparently * Robertson's Index to the Charters, p. 1 37. Upper Teviotdale a?id the Scotts of Buccleuch. 63 been satisfactory to both parties, for twenty-six years afterwards the Scotts acquired the remainder of Branxholme. It was in this way that the Scotts, who afterwards became one of the most powerful Border families, first obtained a footing in Teviotdale, a district with which they have ever since been closely identified. Scott is a name of the same class as Inglis or English, Irish, Welsh, French, Fleming, etc., etc., that is, a national name which became first a personal surname in the case of some individual or family of that nationality who happened to settle in another country, and was naturally cognominated by his new neighbours from his nationality, and then at the time when personal surnames became hereditary (from the tenth to the thirteenth century), descended to his children. Names of this kind were so natural and so common in the middle ages, that no connection can usually be presumed between their bearers. There might be any number of distinct families of Scott in England, France, Flanders, or elsewhere. The national name Scot had, moreover, a changing meaning. Down to the eighth century, and often to the tenth, it meant 'Irishman,' Ireland being the original Scotia; from this till the twelfth or thirteenth, it meant a native of the country north of the Forth ; after the War of Independence, it meant any subject of the political Scotland, then first sharply marked off from England. Hence the celebrated Johannes Scotus, or John Scott, was, as his further title of Erigena shows, a native of Erin ; and the famous schoolman, Duns Scotus, is claimed both by Scotland and Ireland. Those, like that of Marianus Scotus, are personal surnames only. As a family name, in what is now the south of Scotland, the name must have originated while the district was still divided between Strathclyde and Northumbria. The first Scots here, were doubtless, either Scots from Ireland, the original Scotia, who settled in Strathclyde (as we know they did in Galloway), or Scots from the second Scotia beyond the Forth, who, at a later time, came south and settled either among the Strathclyde Britons, or the Northumbrian Angles of Lothian or Tweeddale. No evidence exists to show to which of these two sources we are to assign the Scotts of Buccleuch. The legendary history of the Scotts of Buccleuch goes back to a very early period, according to Walter Scot of Satchells, who wrote a ' History of several honourable families of the name of Scott.' The author in question was an old * 'Lay of the Last Minstrel.' Note I. 64 Upper Teviotdale and the Scotts of Buccleuch. soldier who served under the Earl of Buccleuch in Holland, in the early part of the seventeenth century, and employed the later years of his life in writing his rhyming chronicle of the great deeds of the Scotts of Buccleuch. At the beginning of his work the author gives the following account of himself: — ' I once was a man, tho' now I'm but a poor decriped one,' Fifty-seven years arms did I bear abroad or in Scotland.' ' I never was an hour at school, although these lines I dite I never learned the catechism, and now I none can write Except the letters of my name, which I scarce understand, These I was forced to learn for shame, when I was in command.' The work of the honest old soldier is a quaint and curious production, and is of considerable historical value regarding matters of which the writer was himself cognisant, although its accuracy cannot otherwise be depended on. He relates each romantic incident or marvellous legend connected with the Scotts with every embellishment and amplification of detail which his imagination can suggest. His high flown panegyrics are, at times, somewhat ludicrous ; but he had all a clansman's veneration for his chief, and it is plain that his extravagant praise was the expression of a genuine feeling. He claims for the Buccleuch family a very great antiquity, and says : — ' Some late start up, bran new gentlemen That hardly know from whence their fathers came.' But it was not so with the Scotts, whom he undertakes to prove, can trace their descent for a thousand years, and he begins his genealogical chronicle by claiming as members of the family the two illustrious scholars, Johannus Scotus and Duns Scotus. As has been already shown, the surnames of these two great men were personal only, and merely indicated their nationality. There is no proof or likelihood that either of them was connected with the Scotts of Teviotdale. The origin of the name of Buccleuch, according to Satchells, was from an incident in the reign of King Kenneth, who came to hunt at the Cacra-Cross in Ettrick :— ' King Kenneth to the hunting came To the Cacra-Cross he did resort, And all the nobles of his land They hither came to see the sport.' Upper Teviotdale and the Scot is of Buccleuch. 65 A buck, which was pretty hard run, got into a deep ravine, and turning at bay, a young man, a stranger to the district, pressed forward, scattered the dogs, and seizing the deer by the horns swung it on his back, and carried his prize up the steep bank and laid it before the King, who was so delighted with this proof of his strength and courage, that he made him ranger of Ettrick Forest. The ravine or cleuch, as it is called in Scotch, where the exploit occurred, is a narrow deep hollow formed by the burn or small stream which runs through it. It is about half-a-mile long, and at the spot where the doughty hero ' breasted the brae,' it is about a hundred feet deep, with steep banks formed of red earth. This cleuch was named Buck-cleuch in commemoration of this incident, and the hero of the story, whose name was John Scott, was afterwards known as John Scott of Buccleuch. So much for tradition. The first of the family of whom there is any authentic account was Richard Scott, who in the time of Alexander the Third was made ranger of Ettrick Forest, and received a grant of the lands of Rankilburn and Buccleuch in Selkirkshire. It is possible some incident connected with this appointment formed the basis of the popular tradition, related by Scot of Satchells, the period at which it is said to have occurred being shifted back a century or two. This Richard, who was styled the first lord of Rankilburn, married the daughter and heiress of Murthockstone of that Ilk, in the county of Lanark, and through this marriage the Scotts came into possession of the lands which, at a later period, were exchanged for Branxholme. Richard Scott is believed to have built the stone house or tower which stood on the rising ground between the Buccleuch burn and Rankil burn, close to their junction. The farm house of Easter Buccleuch now stands near the site formerly occupied by the old Peel. It was a strong and pretty extensive building, if one may judge by its foundations, which were excavated in 1832, when some improvements were being carried out. This Tower or Peel was the principal residence of the Scotts till they removed to Branxholme. It was a wild bleak district where Richard Scott had fixed his habitation. High hills rise on all sides, with hardly a trace of cultivation, and the valley or haugh is scarce a hundred feet wide. There was, however, a mill built on the stream, though there could have been little corn grown there, as Satchell says — ' If heather tops had been corn of the best, Then Buccleuch's mill had gotten a noble grist.' K 66 Upper Teviotdale and the Scotts of Buccleuch. There are still some traces of a mill-lade ending near the traditional site of the old mill. It is probable that the valley was at one time pretty well peopled, as all along the burnside traces ot the sites of old houses are distinguishable. We are told by the same authority (Satchells), that Buccleuch built a church at Rankilburn, for the use of himself and his household, and that it was the burial place of the family in very early times. This church, which had become a ruin, was, in 1 566, cleared out at the wish of the then lord of Buccleuch, who was curious to see the tombstones of his ancestors which were believed to be buried under the rubbish. Walter Scot of Satchells had the account from his father, who was present, — he says — ' The most part of the wall was standing then, and the font stone within the kirk door, the rubbish and earth being casten out, and the stones clean swept, the lord and many of his friends came to see them, where they did discern one stone which had the ancient coat of arms (of Buccleuch) on it. The other stones had drawn upon them like unto a hand and a sword, and others had a sword and lance all along the stone. Robert Scott (of Thirlstone) said he believed it was four hundred years since the last of these stones had been laid.' If Thirlstone's surmise was correct — which does not necessarily follow — these tombstones must have been erected long before the Scotts came to Rankilburn. There is no evidence to show when or by whom the chapel was built, but it is scarcely likely to have been by the Scotts, who occupied Rankilburn as a residence for little more than a hundred years during the most stormy period of Scottish history, when country lairds had other things to occupy them than building churches. Much of the land in the neighbourhood belonged to Melrose Abbey, and the church was doubtless a dependency of that monastery. Richard Scott of Rankilburn was one of those who swore fealty to Edward I. He died in 1320 and was succeeded by his son, Sir Michael Scott, who fought under Sir Archibald Douglas at Halidon Hill. He survived that disastrous field, but was killed at the battle of Nevill's Cross in 1346. Sir Robert Scott, who succeeded his father, inherited the lands of Kirkurd in Lanarkshire, which had belonged to an elder branch, and was the most ancient of the family properties. Sir Robert died in 1389, and was succeeded by his son Sir Walter Scott, who was killed at the battle of Homildon. The next in succession was Robert Scott, the son of Walter, who in 141 5 exchanged with the monks of Melrose the lands of Glenkerry for Bellendean. Glenkerry lay at the head of Ettrick, remote from the other possessions of the Scotts, while Bellendean is Upper Teviotciale and the Scott s of Buccleuch. 67 immediately adjoining Buccleuch and Rankilburn. Bellendean afterwards became the rallying point, and watchword of the Scotts. Robert Scott also made the exchange with Inglis of Manor of part of Murthockston for the half of Branxholme The proximity of Branxholme to Buccleuch and Rankilburn appears a more reasonable and likely motive for the exchange than a hankering after English beef, the motive ascribed to Scott by tradition. He died in 1426, and was succeeded by his son, Sir Walter Scott, the sixth laird of Rankilburn. He completed the excambion, which had been initiated by his father, and gave to Sir Thomas Inglis of Manor the remainder of the lands of Murthockston. This Sir Walter was the first of the Scotts who was styled ' Buccleuch,' their territorial designation having previously been 'of Kirkurd.' The earlier title was used in conjunction with the later one for a generation or two, till it gradually fell into disuse. When Branx- holme became the family residence, it was also adopted one of the family titles, and the Scotts were styled ' of Buccleuch ' or ' of Branxholme ' indifferently, so long as they remained in Teviotdale. When Dalkeith house became the principal family seat, the title of Branxholme was also dropped, and that of Buccleuch only retained. There is no notice of Branxholme castle, or indeed of any considerable building there, till the property came into the possession of the Scotts. When the lands of Branxholme formed part of the barony of Hawick, the principal messuage was 'the black tower' in the town. After the property was divided, it changed hands so frequently, that it was unlikely that any extensive building operations were undertaken. Sir Walter Scott began to build the castle of Branxholme, and fixed his residence there, and it continued to be the principal family seat till the seven- teenth century. The ' fair orchards ' and gardens for which Branxholme was after- wards celebrated, were probably laid out at the same time, for the King, who had great taste for gardening, had laid out and embellished the grounds around Falk- land and other palaces, an example which was followed by many of his nobility. During the prolonged exile of the King, when Scotland was under the govern- ment of Albany and his son Murdac, there was no check upon the nobles, whose power was frequently carried to the utmost extent of tyranny and oppression, and the people had none to whom they could appeal for justice and protection. The return of the King was therefore eagerly desired by the people. At length, after having remained for twenty-six years in captivity, James the First returned to Scotland in 1424, and was received by his subjects with every demonstration of joyful welcome. 68 Upper Teviotdale and the Scotts of Buccleuch. The King had heard of the cruelty and wrong to which his people were sub- jected, and he found, on personal investigation, that the report had not been exaggerated. He set himself promptly and energetically to the task of reform, his zeal being stimulated by the abuses he witnessed, he indignantly exclaimed, ' Let God but grant me life, and there shall not be a spot in my dominions where the key shall not keep the castle, and the furze bush the cow, though I myself should lead the life of a dog to accomplish it.* The legal reforms which were inaugurated by James the First were under- taken with a thoroughness and adaptation to the circumstances which showed that he had made it the subject of deep study. The privileges of the nobles were greatly curtailed, and the middle, or commercial class, obtained a voice in the councils of the nation, by having their representatives admitted to Parliament. In carrying out his measures of reform, the King had been obliged to take up a position of antagonism to his nobility. It was a task requiring great boldness and resolution, for under the regency of Albany the nobles had acknowledged no authority higher than their own will, and they deeply resented any interference with their privileges. The King was bound, however, to restrict their power, and make them conformable to the law, or his legal reforms would have been stul- tified, and rendered null and in-operative. He carried out his purpose, therefore, with firmness, entailing, in many cases, great severity, consequently he made many enemies. The feeling of hatred towards the King, which had been gradually growing, was intensified by his retributive vengeance against the family of the Duke of Albany. It had been the King's purpose from the first to punish those who had conspired to prolong his exile, but in the pressure of other affairs this purpose had been kept in abeyance. At length the blow fell with startling suddenness and force ; and Murdac, his two sons, and the Earl of Lennox, were arrested, tried and condemned to death. They were beheaded on the Castle Hill at Stirling. Twenty-six nobles, who had been Murdac's partisans, were arrested at the same time, but were released after a short imprisonment. These proceedings were the cause of the rebellion against the King, and ultimately led" to his assassination, which was accomplished with great cruelty in 1437. The antagonism against the King had been almost solely confined to the barons, but there were many of them who were wise enough and public-spirited enough to understand and sympathise with the King's measures of reform, and to second his * Fordun a Goodall, vol. ii. p. 511. Upper Teviotdale and ike Scotts of Bucdeuch. 69 efforts for the good of the people. One of the most active and devoted of the King's supporters was Walter Scott of Branxholme, and James had rewarded his services by a grant of the lands of Eckford in Roxburghshire, which was after- wards confirmed by a charter of James the Second. The lands were to be held of the Crown by the grantee and his heirs for rendering three suits annually, if asked, at the head courts of shire of Roxburgh.* James the Second was only six years of age at the time of his father's murder, and the possession of his person, and the power which that possession conferred, forthwith became the object of fierce contention between the rival factions. The barons, freed from the restraint imposed upon them by the late King, bore them- selves more arrogantly than ever, and the good that had been accomplished with so much labour and care appeared to be completely nullified for the time. During the minority of James the Second, the young Earl of Douglas became conspicuous for the splendour of his retinue and for his display of power. He was possessed of vast estates and unbounded wealth. A thousand men-at-arms, many of them of knightly rank, rode in his train, and his vassals were so numerous that he could at once muster a large army. He openly insulted the authority and trampled on the restraints of the laws, and seemed almost to usurp the royal prerogative. The Douglases had, in fact, become a separate power in the state, and a struggle between them and the Royal House was inevitable. When James was in his tenth year, the Earl of Douglas and his brother were seized and beheaded on a charge of high treason; and this event was the immediate cause of the war between the Douglas faction and the King's party, which lasted many years, and deluged the land with blood, but which finally resulted in the overthrow and banishment of the Douglases. The last battle between the opposing factions was fought at Arkinholm, near Langholm, where the Earl of Angus, with a large party of Borderers, defeated the Douglases, who were com- manded by the Earls of Moray and Ormonde, brothers to the Earl of Douglas. The Earl of Moray was killed in the battle, and Ormonde taken prisoner, and afterwards executed. The Earl of Douglas retired to England, and his estates were confiscated to the Crown, large grants of the lands being bestowed on the Earl of Angus. Walter Scott of Buccleuch and his son David had served the King faithfully during the Douglas rebellion, and had distinguished themselves in the battle at * Fraser's 'Scotts of Buccleuch,' vol. ii. p. 48. jo Upper Teviotdah and the Scotts of Briccleuch. Arkinholm. They were rewarded by the King with a grant of the lands of Quitchester. The charter, dated at Stirling, ioth September 1455, sets forth that Sir Walter Scott, knight, and David Scott, his son and heir, were granted: — ' The lands of Quitchester, in the barony of Hawick, which were forfeited by John St Michael, traitor, for the faithful services rendered to us in the victory obtained by them against our traitors, Archibald Douglas, called Earl of Moray, and Hugh of Douglas, his brother, Earl of Ormonde, killing of Archibald and capturing of Hugh, etc., and for other meritorious deeds and services rendered in many ways, and to be rendered to us by the said Sir Walter Scott,' knight, and David Scott, etc.* The Scotts rose high in favour with the King, and received further grants of land in the Forests of Ettrick and Selkirk, and on the 22d February 1458-9, Sir Walter Scott obtained a charter of lands in the barony of Crawford -J ohn/f England was at this time almost torn asunder by the wars of the Roses, and the English were so fully occupied fighting with each other, that there seemed some reason to hope that Scotland might enjoy a respite from her ancient enemy. King James, however, indulged in no such feeling of security. He had vanquished the Douglases, whose exorbitant power had so long harassed Scotland, and almost deprived him of his kingly prerogative, but he felt that there was still danger to be apprehended while the Earl of Douglas lived. When Douglas escaped to England, he, with other rebel lords, had joined himself to the party of the Duke of York, afterwards Edward IV. He was in the receipt of a pension of .£500 a year from the English Government, ' to be paid to him for services to be rendered by him until he should recover the whole, or the greater part of his possessions, which had been taken from him by the person calling himself the King of Scotland. 'J King James had favoured the cause of Henry VI. and the House of Lan- caster. The attitude of the House of York was inimical to Scotland, and since Douglas and the other rebel barons had joined the Yorkists, there was reason to apprehend hostilities whenever the party should be in the ascendant. Douglas and his friends would have hailed the prospect of an invasion of Scotland, which might enable them to regain their estates, and recover their position and power in their native country. The Scottish King, therefore, set himself actively to work, * Fraser's ' Scotts of Buccleuch,' vol. ii. p. 53. f •^ vo '- '• P- 3^ X Ridpath's 'Border History,' p. 288. Upper Teviotdale and the Scotts of Buccleuch. 7 1 with the help of his Parliament, to organise measures for the defence of the king- dom. The Earl of Angus, who held great estates on the Borders, was appointed warden of the middle marches of Scotland. This office had previously been hereditary, as indeed were most of the great offices under the Crown. But by Act of Parliament it was ordained that for the future the office of warden and similar offices were no longer to be granted ' in fee or heritage,' but should be given to the person who appeared best qualified to discharge the duties it involved. It was important that the office of warden should be held by one whose loyalty was beyond question, and Angus had proved by the services he had rendered to the Crown, that he was fit to be trusted. The warden appointed Sir Archibald Douglas of Cavers and his son, bailiffs of Liddesdale and keepers of Hermitage castle. At a meeting of Parliament held at Stirling in [457, regulations were made for warning the people against any sudden invasion of the English by means of beacons. At the different fords of the Tweed, between Roxburgh and Kelso, where the English forces had been in the habit of crossing when they invaded Scotland, watchmen were placed whose duty it was to keep a constant look-out, and when they received information of the approach of an enemy, they were to light a bale-fire, which was so placed as to be seen from Hume castle, where another fire was instantly lighted. This again could be seen from Edgerston, where a watchman was constantly kept, who again sent forth the blazing signal which flashed onwards to Soltra, Dunbar, Haddington and Dalkeith, till all Lothian was roused. A huge beacon on Edinburgh castle warned Fife, Stirling, and East Lothian. One fire signified that an enemy was approaching ; two fires that they were coming in great force ; four fires, 'each beside the other like four candellis and all at ayns,' indicated that the invading army was of great strength, and that the danger was imminent. The arming of the people had been regulated by a statute of the previous reign. All persons who were possessed of property affording a yearly rental of £20, or of movable goods to the value of £100, were to be well-horsed and armed from head to heel, as befits the rank of a gentleman. Those whose property only amounted to half that sum, were bound to provide themselves with a gorget, rere- brace, vaunt-brace, breast-plate and greaves, leg splints and gloves of plate, or iron gauntlets. 72 Upper Teviotdale and the Scotts of Buccleuch. Every yeoman whose property amounted to £20 in goods, was bound to arm himself with a good doublet of fence or a habergeon, an iron hat or knapscull, a bow and a sheaf of arrows, a sword, buckler and dagger, and the lowest class of all, who had 'no skill in archery,' were to have a good suir hat, a doublet of fence, with sword and buckler and an axe, or at least a staff pointed with iron. The burgesses, and all dwellers in cities, were to be armed in like manner, according to their degree, and it was made imperative on the barons, within their jurisdiction, and the magistrates within the burghs, to see these enactments put into force. These Acts were strictly enforced in the reign of James the Second, and statutes were passed for regulating the assemblage of the troops to meet the enemy; and as the army passed through the different towns, the burghers and merchants were directed to join it. It was further enacted, that two hundred spearmen and two hundred bowmen were to be maintained at the expense of the Border lords, on the east and middle marches — and on the west a force of one hundred bows and a hundred spears. The Border lords and barons being strictly enjoined to have their castles in good repair, well-garrisoned, and amply provided with military stores. The barons themselves were to assemble their vassals at their chief residence, and be prepared to join the warden, and march wherever he pleased to lead them. It is very curious to notice also, that the proper division of the spoil, after a warden-raid, was regulated by Act of Parliament. No man was allowed to help himself to any part of the plunder, until it had been divided according to the ancient Border custom, in presence of the chief leader, and any one disobeying this law forfeited life and property. It was also set forth that to steal the prisoners belonging to the leaders or their men, was an offence worthy of death, as also to supply the English garrisons of Roxburgh or Berwick with provisions, to give warning to the English of a proposed invasion, or to journey into England without the king or the warden's safe conduct. It was impressed on the leaders of any expedition, that they should make these regulations known before starting, to all the host, that none might plead ignorance of the law as an excuse for its violation, which was to be punished as treason. During the temporary re-establishment of the House of Lancaster, James II. was able to conclude a treaty of peace with Henry VI., but, notwithstanding the truce, the banished Earl of Douglas and the Earl of Northumberland, with a large force, invaded the east border, and committed great havoc in Upper Teviotdale and the Scot is of Buc clench. j$ Berwickshire. While still engaged in the work of devastation, an army of Borderers, under the Earl of Angus, came upon them, and fiercely attacked the renegade Scots and their English allies, and completely defeated them, nearly a thousand English were slain and seven hundred taken prisoners. The Earl of Douglas was again obliged to take refuge in England. After this his English friends appear to have lost confidence in him, at least they were disinclined to fight his battles, and he was forced to leave his native country in peace. Angus received still further grants of land for his successful bravery, and was becoming almost as wealthy and powerful as his exiled kinsman had been. After this inroad, the efforts for keeping the Borders in a state of defence were resumed with extra vigilance. It was provided by Act of Parliament that all men between the ages of sixteen and sixty should be ready to rise in defence of their country, the moment they received warning of the approach of an English host, either by the sound of the trumpet or the lighting of the beacon. The first mention of field artillery for the Scottish army was, in an Act of the same Parliament, where it was recommended that some of the richest and most powerful barons should make ' carts of war,' ' and in each cart to place two guns, to be supplied with the proper warlike tackling, and to be furnished also with a cunning man to shoot them.' * The condition of things on the Borders must have improved considerably after Angus's victory, for the Three Estates did not think the Borderers required the same supplies as the previous season, on the grounds that they were better, and their enemies worse provided. ' Considering that during this last summer the English have experienced great losses, costs, and labour in the war, and as it is hoped will have the same in the summer which is approaching.' The Borderers, who had not suffered nearly so much, were, it was thought, perfectly able to defend themselves, but if threatened with an invasion of any extent, the Mid- land barons were enjoined to be ready to offer them immediate assistance and supplies. Wapinschawings, or armed musters, were directed to be held four times a year. A pair of ' butts ' were to be erected near each parish church, where shooting was to be practised every Sunday, every man being obliged to shoot six shots at least, and any one failing to attend was liable to a fine of twopence, which was to be given to the bow-makers for drink money. In every town there was to be a good * Acts of Pari, of Scot., vol. ii. p. 45. h 74 Upper Teulotdale and the Scotts of Buccleuch. bow-maker, and a fleshour, or arrow-maker, who were to be furnished by the town with materials for their trade. Among the voluminous Acts of Parliament passed in this reign, are measures to regulate every detail of public, commercial, and social life. The sumptuary- laws, which had been passed in the reign of James I., were revised, and made more stringent, and it proves that the country was increasing in wealth and prosperity, when it appeared necessary to restrict the richness and cost of the apparel of men and women. The Act sets forth : — ' That Sen the Realme in ilk Estaite is greatumlie pured throwe sumptuous claithing, baith of men and women, and in special within the Burrowes and Commouns of Landwart. The Lordes thinkis speidful, that restriction be thereof in this maner: That na man within Burgh that lives be merchandice, bot gif hee be a person constitute in dignitie, as Alderman, Bailie, or uther gude worthy men that ar of the Council of the towne, and their wives weare claithes of silk, nor costly scarlettes in gownes, or furringes with mertrickes. And that they make their wives and daughters in like maner be abuilzied, gangand, and correspondant for their estate, that is to say on their heads short cruches, with little lindes, as are used in Flanders, England, and uther cuntries. And as to their gownes, that na woman weare mertrickes nor letteis, nor tailes unfitt in length nor furred under bot on the Halie-daie. And in like manner the Barronnes, and uthir puir Gentlemen, and their wives, that are within fourtie pound of auld extent. And as anent the Commounes that na Laborers nor husbandmen weare on the warke day, bot gray and quhite, and on the Halie-daie bot licht bleu greene, redde, and their wives richt-swa, and cruches of their awin making, and that in exceed not the price of xi pennyes the elne. And that na woman cum to Kirk nor mercat with her face muffalled, or covered, that sche may not be kend under the pane of eschiet of the courchie (head-covering). And as to the Clerkes, that nane weare gownes of scarlet, nor furring of mertrikes, bot gif he be ane persone constitute in dignitie in Cathedral or Colledge Kirk : or else that he may spend two hundred markes, or greate Nobiles or Doctoures, and that this be now proclaimed, and put in execution be the first day of Maii, under pane of escheit of the habite.'* Numerous quarrels having taken place at foot-ball matches, the game of foot-ball, and also that of golf, was strictly forbidden. * Acts of Pari., James II., No. 70, March 6th, 1457. Upper Teviotdale and the Scotts of Buccleuch. 75 Laws were also passed for the preservation of such ' birds and wild fowls as are gainful for the sustaintation of man,' and it was strictly forbidden to destroy their nests or eggs, or to kill the birds when unable fly. Salmon were also forbidden to be taken in close time, under the heavy penalty of a fine of forty pounds, but it was recommended that all persons should be encouraged to extirpate ' all fowls of reiff,' such as ' erns, buzzards, gleds, mytalls, rooks,' etc. Wolves, which were still common in Scotland, and were great pests to the shepherds, it was specially desirable should be exterminated, and every inducement was offered for their destruction. In districts infested by wolves, the sheriff or bailies were to assemble the population, for the purposes of hunting and destroying the whelps, and whoever refused to attend was to be fined a wedder. ' He who slew a wolf was entitled to receive a penny from every household in the parish where it was killed, and upon bringing the head to the shirriff or baron of the district, he was to be his debtor for that sum.' If he brought the head of a fox he was entitled to a reward of sixpence. It was about three years after the Douglas rebellion had been finally quelled, that James the Second raised an army for the purpose of laying siege to Roxburgh castle. This strong Border fortress had been held by the English since Edward III. had taken possession of Teviotdale after the battle of Durham, and James was determined to recover it. The Earl of Angus, Sir William Douglas of Drumlanrig, and nearly all the men of note in the east Border had joined the besieging army. The town of Roxburgh was taken and levelled to the ground, and then the castle was besieged. A number of the rude pieces of cannon, which were coming into use, were brought to play upon the walls. Amongst these was a large gun of Flemish manufacture, which had been purchased by James I., but had scarcely been used. It was made with long iron bars fixed with hoops, made tight with iron wedges. A very rudely constructed piece it was, and the engineer having overcharged it, the gun exploded, and one of the pieces struck the King, who was standing near, killed him. The Earl of Angus was also severely wounded. A messenger was sent with the melancholy tidings to the Queen, who was over-powered with grief, yet controlling her feelings, she set out for the camp, taking her son with her, a boy eight years of age, whom she presented to the assembled nobles as their sovereign. Through her tears the Queen entreated them not to abandon the siege till they had succeeded in taking the fortress, the possession of which was of so much 76 Upper Teviotdale and the Scotts of Buccleuch. importance to Scotland. Her appeal was not lost on the soldiers. The attack was resumed with such ardour and determination, that the castle was soon in their hands. Wark castle was taken immediately afterwards, and both were dis- mantled and destroyed in accordance with the policy which dictated the demolition of Jedburgh castle. The Scotts of Buccleuch had now attained great power and distinction on the Borders, and had received large grants of land for their public services. Sir Walter Scott, the first of the family who settled in Teviotdale, was distinguished both for his bravery and good sense, and he always proved himself a friend to order and constitutional authority. He took an honourable part in the many struggles which occurred during the reigns of James the First and James the Second, until his death in 1469, in the reign of James the Third. He was for more than forty years a loyal and energetic supporter of the government in all its vicissitudes and efforts for reform. It is not absolutely certain, but there is reason to believe, that he was buried in the church of St Mary at Hawick, which afterwards became the family burying-place. David Scott was the next lord of Buccleuch. He had been associated with his father in all his wars, and, like him, was distinguished for courage and active loyalty. He was appointed, by the Earl of Angus, keeper of Hermitage castle, and he and his son, whose name was also David, were appointed conjointly and severally to be bailies of the Lordship of Liddesdale, Ewesdale, and Eskdale, for the term of seventeen years, with the power of letting the lands, raising the rents, holding courts, punishing trespassers, and other powers belonging to the office. David Scott, the younger, was married to Lady Jane Douglas, daughter of the Earl of Angus. It may give some idea of the insecurity of property in these districts, if we instance a clause from their marriage-contract. Certain farms in Liddesdale and Ewesdale were to form part of the dowry of the bride, but ' gif through war with Englishmen can nocht hafe these farmes,' then Angus bound himself to provide an equivalent elsewhere. Though the Lord of Buccleuch was the owner of extensive tracts of land, his possessions were of little value in consequence of their proximity to the Borders. From a valuation of the Buccleuch estates taken at this time, we learn that half the Branxholme estate was waste.* In time of fence the lands were valued at twenty-four merks yearly. In time of war it was nothing. The lands of Elrigg * Fraser's 'Scotts of Buccleuch,' vol. i. p. 47. Upper Teviotdale and the Scotts of Buccleuch. 77 Mylsinton, Quhitchester, and several others, were all waste. These lands were, without doubt, despoiled by lawless depredators, which seems to have been such a common occurrence that little notice was taken of it at the time. In such cases the injured party must either submit to his loss quietly, or take his revenge as he found opportunity. David Scott does not appear ever to have sought legal redress for his losses ; indeed such a course was generally futile, and seldom resulted in bringing the depredators to justice, and still more rarely in compelling restitution, so that on the Borders an appeal to the laws was apt to be regarded as a useless formality. But in at least one instance David Scott's losses were brought before the Council by — 'Walter Scott, grandson and heir of the de- ceased David Scott of Buccleuch, who obtained, on the 25 of June 1494, a decreet of the Lords of Council in his favour in reference to the theft and plunder of his grandfather's property, by certain depredators of the Borders, — Simon Routledge of the Prowis, Mathew Routledge his son, and their accom- plices, had taken from and despoiled David Scott and his tenants, of five horses and mares, forty kye and oxen, forty sheep, household plenishing to the value of £40, two chalders of victual, thirty salt martis, eighty stones of cheese and butter, and two oxen ' besides burning and spoiling of the place and manor of Buccleuch.'* This account shows in what a thorough manner the depredators did their work. They literally left ' Nocht on bed or baulks.' The manor of Buccleuch, which had formerly been a residence of the family, was never rebuilt, the principal family seat being at Branxholme. The Rout- ledges had, no doubt, taken advantage of the isolated position of Buccleuch, and the absence of its warlike lord and his sons, to plunder it, at their leisure, very much at their leisure apparently, when they had time to clear the premises of all its furniture, to trundle out barrel after barrel of beef, and all the numerous cheeses and crocks of butter, before they set fire to the house. Sir David Scott made large additions to the castle of Branxholme, and strengthened and made it more secure. He also repaired and put in a state of defence the castle of Hermitage, of which he was keeper, and garrisoned it with a hundred men. The Earl of Angus, from whom the Scotts of Buccleuch held their appoint- * Fraser's 'Scotts of Buccleuch,' vol. i. p. 62. ~8 Upper Teviotdale and the Scotts of Buccleuch. mcnts in Liddesdale, was the celebrated Archibald Bell-the-Cat, who received that soubriquet for the part he played in the tragedy at Lauder Bridge, where five of the King's favourite companions were hanged. This outrage was the beginning of a systematic course of rebellion and opposi- tion to the King by Angus and his confederates, which about five years afterwards resulted in the murder of the King, who was stabbed by an assassin after the battle of Sauchie-burn. Neither the Scotts of Buccleuch nor the Douglases of Drumlanrig joined the insurrection, and they and their followers served the King with devoted loyalty. Young David Scott fought with the King's army at Blackness with distinguished bravery, and Sir William Douglas of Drumlanrig, lost his life at the battle of Lochmaben, where he fought under the Royal banner against the Duke of Albany and the Earl of Douglas. Albany, the King's brother, who had been exiled to France for treasonable practices, invaded Scotland in conjunction with the long banished Earl of Douglas. They brought with them a body of five hundred horse, and expected to be joined by their own vassals and the disaffected barons. In this, however, they were disappointed. They reached Lochmaben on St Magdalene's day, when a fair was held in the town, and a great number of merchants, hawkers, and country people had assem- bled, armed according to the usual custom. These country people offered a stout resistance, but must have been overwhelmed had not a body of the King's troops come to their assistance, when, after a grievous slaughter, the invading force was scattered. Albany was compelled to fly into exile again, and the Earl of Douglas was taken prisoner. James III., with his usual clemency, spared the life of the old Earl. Struck by his venerable and noble appearance, his heart was filled with pity, and he forgave his many traitorous acts, and allowed him to drag out the remainder of his days in the Abbey of Lindores. On hearing his sentence, Douglas muttered, with a bitter smile, ' He who may no better, must needs turn monk.' Sir William Douglas, who was killed at Lochmaben, was succeeded by his son Sir James Douglas. He had married Janet Scott, daugher of Sir David Scott of Buccleuch, thus forming the first alliance between the two families, which three centuries later were merged into one, when the Duke of Buccleuch inherited the Dukedom of Queensberry. Sir David Scott of Buccleuch died in 1492, at the age of sixty-two, having out-lived his two eldest sons. Walter, who died young, and David, who married Upper Teviotdale and the Scotts of Buccleuch. 79 Lady Jane Douglas— the daughter of Bell-the-Cat. He left a son named Walter, who succeeded his grandfather. Sir David's will gives some idea of the wealth of a great lord of the middle ages. The inventory of his goods consisting of oxen, sheep and cows, besides growing crop, amounted to .£740 Scots money ; the debts owing to him were £43, 16s. 8d., and his liabilities £337. He left a sum of money to the churches of Hawick, Rankilburn, and St Mary of the Forest, for a suitable priest to pray for his soul. This very small valuation was to be explained by the fact, that such a large portion of his lands were waste. Besides, the money value of live stock and farm produce was very little. The price of an ox was only about six or seven shillings, and of a horse, thirteen or fourteen shillings ; a boll of wheat was worth two shillings ; rye, barley and pease, about one shilling and fourpence per boll, and oats, sixpence. Money seldom appeared in the transactions of a feudal baron, and his tenants or vassals held their lands on condition of rendering certain military or other services to their feudal lord, with perhaps a certain pro- portion of their farm produce. The scarcity of money was the chief reason why special services were so frequently rewarded by grants of land, which had the additional advantage of attaching another retainer to the granter's service. Some of the feu charters granted about this period afford a curious glimpse of the legal procedure of feudal times. No man could sell, bestow or alienate his lands, without consent of the King or Over-lord from whom he held them. When lands changed hands, the infiefment was conducted with some ceremony in a public place, such as a church or churchyard. When Sir Walter Scott obtained the lands of Hiep, in the parish of Wilton, from James Langlands of that Ilk, he took a public instrument in the churchyard of Hawick. Shortly after this, Sir Walter Scott exchanged Hiep for Mylsinton, by a charter of excambion from John of Langlands, for the annual payment of a red rose and sixpence Scots, if asked, at the feast of St John the Baptist. Douglas of Drumlanrig held his lands direct from the Crown, on the payment of an arrow as blanche ferme, if demanded, at the principal messuage, viz., the Tower at Hawick, at the festival of the blessed Virgin. Sir Walter Scott held the lands of Elrigg in fief of the Baron of Hawick, to whom he must pay one penny yearly at the feast of St John the Baptist. Heip, which for a short period was the property of Sir Walter Scott, but soon So Upper Teviotdale and the Scotts of Buccleuch. returned to the possession of its former owner, Langlands of that Ilk, is situated about a mile to the north of Hawick. This place was the scene of a murder, which was committed in 1494 by Langlands of that Ilk. Sir George Farnylaw, a chaplain belonging to the Abbey of Melrose, had been deputed by the abbot to collect the tithes due to the abbey, which, in the case of Langlands, were considerably in arrears. The laird encountered the monk at Heip, and on being pressed for the money, Langlands flew into a violent passion. In those days a man's weapons were always ready to his hand, and his hand ready to his weapon. The monk was, of course, unarmed ; but presuming on the sanctity of his office, he still further irritated the laird, who, in a moment of ungovernable rage, stabbed the priest and killed him. Bloodshed was common in those days, and had it been any other than a priest, the friends of the murdered man would have squared accounts with the murderer, but it was a serious and heinous crime to take the life of a monk. A local writer, who gives a graphic and highly coloured account of the murder, tells how Langlands hurried off to the King, and gave his own account of the affair, but only admitted having insulted a monk. A somewhat grave offence, for which, however, the King was inclined to be lenient, and granted him a free pardon for having, as he said, 'knocked off a priest's bonnet.' The wily laird then bribed the clerk, who was deputed to draw up the pardon, ' to put the head in the bonnet,' which was done, apparently without any trouble, and Langlands was in a position to defy the monastic vengeance* The story is not a bad one, and bears a distant relation to the facts. The case was brought before the Sheriff Court at Jedburgh. Sir Robert Ker and John Rutherford of Edgerston were sureties for the appearance of Rodger Langlands to stand his trial, but he failed to appear, and they, conse^ quently, were amerciated in the sum of twenty pounds each. Langlands being declared rebel, and put to the horn, and his goods escheated to the Crown.-f It is very probable that the King's well-known clemency had been exerted in his behalf, for he was soon after found in peaceable possession of his estates. * The ' History of Hawick,' by Robert Wilson, p. 43. t Pitcairn's ' Criminal Trials,' vol i. p. 20. Upper Teviotdale and the Scotts of Bucclench. 81 There was a rude cross erected at the spot wi.ere the murder was committed, which bore the following inscription : — ' This is the place where Langland's slew The holy priest of Melrose ; And Langland's shall be of that Ilk nae mair When time has levelled this cross.' The prophecy embodied in these lines was not fulfilled, for the name of 'Langlands of that Ilk' existed at least half a century after the cross was destroyed. Miss Langlands, the last of the old line, died in 1815, and the family is now extinct. The clergy appear to have experienced some difficulty in collecting their tithes, for the Laird of Langlands was not the only one who resisted them. In 1478 Master Alexander Murray, the parson of Hawick, pursued David Scott of Buccleuch ' anent the soume of 44 merkis of the rest of a mair soume of the taxt of the kirk of Hawick pertaining to the said Mr Alexander Murray, and wrangwisly taken up by the said David Scott, as was allegit.'* The case was adjourned, with what result is not known. It has been stated by local and other writers, that the celebrated Gawyn Douglas, Bishop of Dunkeld, was appointed rector of Hawick, but a careful examination of authorities proves that this must have been a mistake. In Miln's 'Lives of the Bishops of Dunkeld,' a Latin MSS. in the Advocates' Library, it is stated that in 1496 Gawyn Douglas was made parson of Linton and rector of Hawick. Dr David Irving of Langholm, who gives an account of Gawyn Douglas in his ' Lives of the Scottish Poets,' states, on the authority of Miln, that Douglas was appointed rector of Hawick, having manifestly been misled by the similarity of the names. Hauch or Hawche, is well known as the old name of Prestonkirk, and has no connection with Hawick. In the article on ' Gawyn Douglas ' in the ' Encyclopaedia Britannica,' it is stated that he was appointed rector of Hauch or Prestonkirk, and parson of Linton in East Lothian ; and in a note it is added, that the 'authority for the former designation is 'Miln's Vitae Episcop. Dunkeld,' by misreading of which, Douglas is, by Bishop Sage, called rector of Heriot, and by Dr Irving and others, rector of Hawick. Dr David Laing says, ' Hawche is an ancient synonym of Linton or Prestonhaugh, better known as Prestonkirk near Dunbar.' * Acta Dorninorum Auditorum, p. 83. M 82 Upper Teviotdah mid the Scotts of BuccleiicJi. The late Dr Small of the University Library, Edinburgh, in a biographical account of Gawyn Douglas, prefixed to a recent edition of his works, also identifies Hauch with Prestonkirk. These authorities are so conclusive, that there can be no longer any doubt on the matter ; but, if further proof were wanting, it is to be found in the fact that Hawick belonged to the regular, and not to the secular clergy, and being a vicarage, could not have a rector. The blunder is perfectly apparent to anyone who has any knowledge of church history or ecclesiastical antiquities. NOTE. — The error which local historians have fallen into regarding Gawyn Douglas, has been pointed out in an able paper read before the Hawick Archaeological Society in March 1883, by Mr Goodfellow of Hawick. Reproduced for " Upper Teviotdale and the I )tts of Buccleuch," from Blaeu's Atlas, 1654. ..lucf. "Cim . TorW . lo . Jilacu t .xctu>it' CHAPTER V. ' He gave the riven banner To the old man's shaking hand ; Saying, "That is all I bring ye From the bravest of the land ! " ' Sirs ! I charge you, keep it holy, Keep it as a sacred thing, For the stain ye see upon it Was the life-blood of your king.' — Edinburgh after FlthUen. Aytoun. No event in history has made a deeper and more lasting impression on the minds of the people of Scotland, than the battle of Flodden. On the Borders especially, where the disastrous effects of the battle were most severely felt, the remembrance 84 Upper Teviotdale and the Scotts of Buccleuch. of Flodden, added bitterness and intensity to the feelings of hatred with which the Borderers regarded their ancient enemies across the Cheviots. Four hundred years have scarcely sufficed to eradicate these feelings, although the whole condition of things is changed. The English and the Scotch have become one nation, subjects of the same Queen, fighting side by side in the same wars, and bound together by the same national interests, even yet old Borderers have been heard to talk of the battle of Flodden with as much personal resentment as if they themselves, and not their remote ancestors, had been the sufferers. A very amusing story, illustrative of this feeling, is told in Lockhart's ' Life of Scott.' When travelling in Northumberland, Sir Walter Scott met with a Scotch- man practising as a physician, whom he had previously known as a somewhat indifferent veterinary surgeon. On asking him how he succeeded as a medical man without any knowledge of his profession, he replied, that his pharmacopoeia contained but two simples, calomel and laudanum, and if one did not do he tried the other. 'But surely,' said Sir Walter in astonishment, 'you must kill the greater part of your patients with such treatment!' 'Oh aye!' the pseudo-Esculapius answered coolly, 'I kill a gude wheen, but it '11 take an awfu' lot to make up for Flodden.' The causes which led to that battle were so insignificant in themselves, and the issues at stake of such restricted importance, that it is well-nigh incompre- hensible to modern ideas, how men should have been willing to risk their lives and to peril the safety of the kingdom. An outrage which was committed in the reign of Henry the Seventh, but which was still unredressed, formed one cause of complaint. This was the murder of Sir Robert Ker, warden of the Middle Marches of Scotland, a knight high in favour with King James, who made him his principal cup-bearer, and Master of the Ordnance. He was firm in compelling obedience to the laws, and his severity towards offenders incurred the hatred of the Borderers, who were determined to be revenged. At length, at a march meeting, Sir Robert Ker was set upon by three Englishmen, named Heron, Lilburn, and Starhead, who cruelly murdered him. Henry VII. seemed anxious to punish the perpetrators of this outrage, and Lilburn was delivered up to the Scots, along with Heron of Ford, the brother of one of the murderers, who, with Starhead, had made his escape, and remained in concealment till the beginning of the reign of Henry VIII., when they reappeared in public. Starhead was afraid to trust himself too near the Upper Teviotdale and the Scotts of Bucdeuch. 85 Borders, and established himself at a place about ninety miles distant. Andrew Ker, the son of the deceased warden, determined to avenge his father's death, and persuaded two of his dependents, named Tate, to kill him, which they did, and cutting off his head, brought it to their master, who had it publicly exposed in one of the most conspicuous places in Edinburgh.* Heron, trusting to the support of his kindred, lived openly upon the Borders, and committed many outrages in Scotland. Henry VIII. not only overlooked his former crime, but was accused by James of encouraging his excesses. Another cause of complaint was the seizure of certain Scottish ships by an English cruiser, for which no redress could be obtained. King James was still further incensed against his brother-in-law, because he had failed to pay the dowery of his sister, the Queen of Scotland, and he had also withheld a legacy of jewels left to Queen Margaret by her father, Henry VII. These comprised the whole indictment against England, barring a general sense of injury and antagonism, from which the Scots were never free. These questions might have been amicably settled, however, for Henry was by no means anxious to quarrel with the Scots, as he was making great preparations for prosecuting the war with France. The Scots were bound by the ancient treaty of alliance with France to assist the French when attacked by the English. The French accordingly called upon their old allies to help them by invading England. A letter, conceived in the prevalent spirit of knight-errantry, was received by King James from the Queen of France, wherein, in the language of chivalry, she appointed King James of Scotland her chosen knight, and described herself as a lady ' in dolorous plight, with an enemy at her door,' and as her champion she entreated him to march for her sake three feet into English ground. This appeal was accompanied by a present of fifteen thousand French crowns, which were very acceptable in the low state of the royal exchequer, but an insignificant payment for the service demanded. It was the age of chivalry and romance, when men were trained to be soldiers from their earliest youth, and the proudest ambition of the young knights was to distinguish themselves by feats of arms. When the country needed defenders, this military ardour found its legitimate vent, but in times of peace the warrior was fain to betake himself to the tilt-yard, and keep his arms from rusting by trials of strength and skill. * Buchanan's 'History of Scotland,' vol. ii. p. 352. 86 Upper Teviotdale and the Scotts of Bucclench. These were not mere mimic contests ; severe wounds were often given and received, even in the joust d plaisance, which was the more common form of the tournament, but the combat d la outrance, which was to the death, was not unusual. James IV., who was himself well skilled in all military exercises, gave splendid tournaments in Scotland, though they were going out elsewhere, and ' when the noise of these tournaments came to foreign nations, many strangers, and especially from France, came to show their prowess, who were all liberally entertained by the King, and as bountifully dismissed.'* In addressing James in the language of chivalry, Queen Anne of France knew that her appeal would have more weight than if it had been expressed in the ordinary terms ; and the result showed that she was right, for James received the letter in the spirit in which it was written, and vowed, like a true knight, to obey the lady's behest, and he soon afterwards issued his writs for a general muster of the whole force of his dominions.-)- It had been evident, for some time, that events were terrding towards a war with England,^: and James had plainly intimated to Henry, that peace with France was the only condition upon which an amicable correspondence could be maintained between the two kingdoms; II but after the receipt of the letter from the Queen of France, all peaceful negotiation was at an end, and James at once made his preparations for war. James the Fourth was very popular among all classes of his subjects; for in spite of his extravagance and his love of pleasure, he took a deep interest in all the details of government. He was ready to listen to every tale of distress, and to punish every act of oppression. He was most solicitous that the laws should be obeyed, and good order maintained, and with untiring energy he kept the whole legal machinery of the country under his personal supervision. Possessed of a strong healthy frame, which his warlike training had developed to the utmost point of hardihood and endurance, he would travel great distances, often at night and in the most inclement weather, that by his unexpected appearance he might surprise the judge on the bench, and secure the impartial administration of justice.§ So prompt was he to punish crime and to expose injustice, that wrong-doers of every degree were inspired by a wholesome dread of this energetic and ubiquitous King. It was in no spirit of adventurous bravado that King James rode without a * Buchanan's 'History of Scotland,' vol. ii. p. 347. || Tytler's 'History of Scotland,' vol. v. p. 58. t Pinkerton's 'History of Scotland,' vol. ii. p. 87. § lb. vol. v. p. 8. J Buchanan's ' History of Scotland, vol. ii. p. 353. Upper Teviotdale and the Scott s of Buccleuch. 87 single attendant from Stirling, through Perthshire and Aberdeenshire, to the shrine of St Duthoe in Rosshire, through what had been one of the most turbulent and lawless districts of the country, but to prove the truth of his proud and kingly boast, that under his rule the inhabitants were not only peaceful and law-abiding themselves, but that a traveller alone and unarmed could pass through their midst in safety and tranquillity. In consequence of the firm rule maintained by James, and the peace which had prevailed, with but trifling interruptions since he ascended the throne, the different industries were in a flourishing condition, and the country was prosperous notwithstanding the severe drain on the national resources, caused by the King's extravagances and his shipbuilding and other enterprises. The war was unpopular throughout Scotland, for many thought, like Sir David Lindsay, that ' When peace and wealth their land had blessed T'were better to sit still and rest Then rise, perchance to fall.' Many of the King's councillors strove to dissuade him from his warlike purposes, or at least to delay hostilities, but without avail. Signs from heaven and portents of evil were not wanting, to foretell that the enterprise would be disastrous. It is related, that when the King was attending vespers in the chapel of the palace of Linlithgow, a stranger of stately appearance entered. He wore a robe of russet colour, with a linen girdle about his loins, and his long hair flowing on his shoulders. A feeling of awe and dread filled the beholders, as the venerable stranger walked up to the King, who was kneeling at his devotions, and said, ' Sir, I am sent to warn thee not to proceed on thy present undertaking, for if thou dost, it shall not fare well with thee, or those who go with thee. Further, it hath been enjoined me to bid thee to shun the familiar society and counsels of women, lest they occasion thy disgrace and destruction.' Then without reverence or salutation he disappeared among the crowd, who stood spell- bound with awe and dread, for they supposed it to be an unearthly visitant. The King, however, was not greatly impressed with the vision, which he sus- pected was only a stratagem, got up by the Queen, to frighten him from his purpose.* * Buchanan's ' History of Scotland,' vol. ii. p. 358. 88 Upper Teviotdale and the Scotts of Bitccleuch. Unheeding alike ghostly warnings and appeals to his better judgment, the King raised his standard at the Borough Muir, near Edinburgh, and so great was his personal popularity, that he soon found himself at the head of a numerous army, who came from the remotest parts of Scotland to obey the royal summons. It is computed that not less than a hundred thousand men were assembled. With such a host to follow his banner, it were no wonder if James felt confident of victory, and any true soldier who looked upon that splendid army, must have felt with Marmion, that ' The King from warfare to dissuade Were but a vain essay. For by St George, were that host mine, No power, infernal nor divine, Should once to peace my soul incline, Till I had dimmed their armour's shine In glorious battle fray.' Ere the army departed from Edinburgh, a mysterious herald was reported to have been heard at the Cross at midnight, calling over a long list of names of those who were summoned to another world within forty days ; and the citizens remembered afterwards, that none whose names had been mentioned escaped from the fatal battle of Flodden. Nothing daunted, however, King James and his army set forth and crossed the Border on the 9th of August 15 13. He laid siege to Norham Castle, which surrendered in a week ; and then proceeded to Wark, which was also taken, and then the army marched to Ford, which was taken after some further delay. James was apparently satisfied with his achievements so far, and he does not seem to have been aware of the mistake he committed, in bringing a large army into an enemy's country, and wasting time over such petty victories. But the King was guilty of greater and more reprehensible folly, for, after taking Ford, he yielded so far to the fascinations of the Lady Heron, as to remain several days idling in her society, while the army remained inactive. It was now September, and the weather was cold and wet, and the difficulty of procuring provisions was becoming greater every day. Many left the camp in disgust, and returned to their homes, while James, heedless of danger, and deaf to the remonstrances of his more experienced leaders, idly basked in the smiles of the lady of Ford, who, it was suspected, was instigated by the Earl of Surrey to exercise her fascinations Upper Teviotdale and the Scotts of Bticcleuch. 89 on the susceptible monarch, and procure delay.* The English were, meanwhile, profiting by James' folly, and busy assembling their forces and preparing for battle. Surrey, the English commander, was now at the head of an army of 26,000 men. In passing through Durham he obtained the banner of St Cuthbert, for the purpose of inspiring the courage of his soldiers. He then sent a challenge to King James, offering him battle on the following Friday, and charging him to abide the issues. James replied that he would certainly abide where he was, and give him battle. This message was received on the 6th of September, and James had pledged himself to remain where he was until the 9th, when Surrey had engaged to meet him. The Scottish leaders were impatient at all this delay. It was contrary to all their traditions to enter England and calmly wait until their enemies were ready to fight. They would have cheerfully marched on, as far as James chose to lead, storming the castles and towns in their way, but to sit inactive while the English were making their preparations, was carrying chivalry beyond all reasonable limits. The weather was most unpropitious, indeed it had scarcely ceased to rain for more than an hour at a time, and the Scots had no shelter, except a few straw huts they had erected. The commissariat difficulty too, was becoming serious. The resources of the neighbourhood were completely exhausted, and foraging parties scoured the country for great distances with indifferent success. Exposed to hunger, rain, and cold, it is no wonder if the ardour of the troops began to cool. King James had drawn up his forces on the brow of Flodden, a hill lying a little to the north-east of the Cheviot range. It lies about half-a-mile from the village of Ford, and about four miles from the river Tweed, so that the army was scarcely an hour's march from Scotland. The ground was remarkably well chosen, the hill sloped in a gentle declivity towards the south, where lay the extensive plain of Millfield. The river Till, with its steep broken banks, pursued its slow winding course at the foot of the hill, and made James' position almost impregnable on the side from whence the English army must approach. To the rear of their position was a pretty extensive plateau, where the huts and other equipage of the camp were placed, and on the north the hill sank steeply to the level ground stretching towards the Tweed. * Lindsay of Pitscottie. N go Upper Teviotdale and the Scotts of Bticcleiuh. On Thursday, the 8th of September, the English army appeared crossing Millfield plain in full view of the Scottish camp; and Surrey, seeing the strong position James occupied, endeavoured to draw him down to the plain by an appeal to his overstrained sense of honour. Surrey appears to have been well acquainted with the weakness of James' character, and showed his skill, as a general, by playing upon it for his own advantage. He sent a letter to the King, saying that he had failed in his promise, for instead of abiding where the herald found him he had removed himself to a position more like a fortress than a camp ; he, n, ePloooc a iM.llctae aou> Maaoinq. orv therefore, desired the King to come down from the heights, and draw up his army on the side of the plain nearest his own position. But this message failed of its effect. The position Surrey invited the Scots to take up, was one in which no general would have been willing to risk a battle, with soft marshy ground, an unfordable river, and a steep hill to the rear. To occupy ground so com- pletely hemmed in, and with no facilities for retreat, would have been simple madness. The cool effrontery of this proposition seems to have struck the King, and roused his resentment, and he would not admit the herald to his presence, but sent a message by a servant, to say ' that it became not an Earl to Upper Teviotdale and tlie Scotts of Biiccleuch. 9 1 behave in that manner to a King, and that he would use no sorcery, nor did he trust to the advantage of the ground.' * Surrey was determined, however, not to attack the Scots from the south, and towards evening he drew off his forces to Barmore Wood, about two miles distant, to spend the night. Next morning the English were observed crossing the Till at Twisel Bridge, near Ford. The Scots, knowing that the English were even more distressed for provisions than themselves, at first supposed that they intended to cross the Tweed also, and make a raid into the rich districts of the Merse, and many of the nobles urged the King to retreat. He had, they said, done enough to satisfy his honour, in abiding the attack of the English, who now appeared to be retiring, and there was no use in tarrying longer ; but James determined to remain where he was. It was soon evident, however, what Surrey meant by his detour to the north. He had gone round to the rear of the Scottish carnp and took up a position between the Scots and their own border, and immediately prepared for battle. It was observed that the English had received large reinforcements under the Lord High Admiral, Surrey's son, while the Scottish force had gradually diminished in numbers. It was evident that the Scots would have gained an immense advantage by following the tactics of Wallace at the Bridge of Stirling, and attacking the English when their forces were separated by the river. The King was urgently entreated to take this course. The master of the artillery came before him and asked leave to fire on the English host, for, he said, he had directed his artillery against the bridge, which he undertook to destroy, and prevent the bulk of the English from crossing the Till, while those who were already over could be completely ' devoured. '"f" The King answered 'like a man who had been bereft of his wit,' saying to him, ' I shall hang thee, quarter thee, and draw thee, if thou shoot one shot this day. I am determined that I will have them all before me on a plain field, and see what they can do all before me.' The King acted as if the enterprise on which he was engaged was a tournament on a grand scale, of which the preliminaries should be arranged with the same punctilious formality. He had generously resolved that the English should be allowed, unmolested, to take up their position and pre- pare for battle ; but it was carrying magnanimity to the utmost verge of folly, to allow the enemy to occupy ground which cut off the only way of retreat. By his skilful manoeuvre Surrey reversed the position, and placed the Scots at a * Hall's 'Chronicle.' f Lindsay of Pitscottie. 92 Upper Teviotdale and the Scott s of Biiccleuch. disadvantage; but he could scarcely have encountered the risk involved in this movement had he not trusted to the chivalrous temper, or perhaps to the careless- ness and inexperience of his opponent. Among the Scots there were experienced soldiers, who saw clearly the fatal mistake James was making, and urged the importance of an immediate attack. The old Earl of Angus had repeatedly urged the King to activity, and on venturing a further remonstrance, was told by James to go home if he was afraid. ' Sire,' said he with dignity, 'my grey hairs, and my faithful service, might have spared me that taunt.' The King received all such appeals with angry impatience, and stubbornly determined to take his own way. When the English had all passed the bridge, and formed in order of battle, and were advancing against the Scots from the north, King James caused the straw huts and litter of the camp to be set on fire, and descended the hill. The smoke, which was blown between the two armies, concealed them until they were within a quarter of a mile of each other. It was about four o'clock on the afternoon of the 9th of September when the battle began, by a furious charge of the Earl of Huntly and Lord Home, upon the English van, led by Lord Howard, which, after some resistance, was driven back, but the English cavalry, under Lord Dacre, galloped up, and Huntly and Home were in turn routed with great slaughter. It is unnecessary to describe the battle. The disastrous result to the Scots is well known, and has been attributed to various causes. The English cannon were well placed, and directed with telling force. The Scottish artillery, on the other hand, was placed high up on the hill, and the shot was carried right over the heads of the English, and did little damage. The English archers too, committed great havoc among the Scottish host. They directed their efforts against the Scottish gunners, the chief of whom was killed very early in the engagement, and the others fell in such numbers that the guns had to be abandoned. The King, instead of directing and controlling the movements of his army, was engaged in a desperate encounter with the Earl of Surrey, in the centre. Though a poor general, King James was a brave soldier, and placing himself in the front rank, he fought with reckless courage. His nobles gathered round him, leaving their men without leaders to fight blindly and desperately, with no concerted plan of action, and with none to direct their movements. The combatants ' fought manfully on both sides, with uncertain victory, till that the streams of blood ran on either side so Upper Teviotdale and the Scotts of Buccleuch. 93 abundantly, that all the fields and waters were made red with the confluence thereof.'* The scene, which Sir Walter Scott describes with such graphic force, can scarcely be exaggerated, when as the shades of evening fell — ' More desperate grew the strife of death, The English shafts in volleys hailed, In headlong charge the horse assailed Front, flank, and rear, the squadrons sweep To break the Scottish circle deep That fought around their King. But yet though thick the shafts as snow, Though charging knights like whirlwinds go, Though billmen ply the ghastly blow Unbroken was the ring. The stubborn spearmen still made good Their dark impenetrable wood, Each stepping where his comrade stood The instant that he fell. No thought was there of dastard flight, Groom fought like noble, squire like knight, As fearlessly and well. ' When darkness fell, and the fighting ceased, it was hardly possible to tell which side had the victory. Pitscotie says, ' The field was discomfiest on both sides ; for neither England nor Scotland knew who had the better in that battle.' And Hollinshed says, ' Though the victory thus remained with the Englishmen, yet they bought it deere, loosing no small number of their people, as well those that were slain in the field, as of others that were taken prisoners, for the Scots fought very stoutlie.' As the Scots gathered together their shattered columns after the battle, they could scarcely realize the extent of the disaster that had befallen them. The King was slain, and 10,000 of Scotland's best and bravest had perished with him, for it was said, that there was not a family of distinction in Scotland but owned a grave on Branxton Moor. The King had fallen, pierced by an arrow, and severely wounded in the head,-f- the knights and nobles who gathered round him disdained to fly or render themselves prisoners, they formed a circle round the * Pitscottie's 'Chronicle.' t State Papers, vol. iv. p. 2. 94 Upper Teviotdale and the Scolts of Bucdeuch. body of their sovereign, and defended it till darkness compelled the combatants to desist.* Sir David Lindsay says of Flodden — ' I have never read in tragedy or story At ane tourney so many nobilis slain For the defence and luve of their soveraine.' Those who fell by the side of James the Fourth were fighting for no great principle, — not to free their country from foreign yoke, or to defend it from inva- sion, — but from simple loyalty to their King, and in the sorrow and wailing which prevailed all over Scotland, there was no voice raised to blame the King, though it was well known that his obstinacy and rashness, was the cause of all the disaster. There was sincere mourning for his death, mingled with the general lamentation. Buchanan, writing within the first half century after the death of the King, says of him, — 'As he was dear to all whilst living, so he was mightily lamented at his death, and the remembrance of him stuck so fast in the minds of men as the like was not known of any other King that we have heard or read of.'-f- The first Parliament which met after the battle of Flodden was a most melan- choly scene. It was the hereditary council of Peers, but there was hardly one * present who had composed that assembly at its last meeting, their places were either vacant, or occupied by the next generation. Apart from the sorrow for the dead, the people of Scotland had good reason to dread an invasion, which was the natural sequence to defeat. Deprived of their natural leaders the people were helpless, and at the mercy of their enemies. Nothing can be more suggestive of the state of despair into which the people were plunged, than the proclamation which was made in Edinburgh, that no woman should be seen crying or wailing in the streets, under the penalty of banishment. The sight of so much grief threatened to unnerve the men whose strength and courage were so urgently required for the defence of the city, and the women were therefore recommended to repair to the churches and to pray for Divine help and protection. But the desperate bravery of the Scots had saved their country from invasion, for the English loss was so great that Surrey found himself unable to pursue his advantage, and was compelled to disband his army. While the Scots were apprehensive of invasion, and uncertain of the intentions of * Tytler's ' History of Scotland,' vol. v. p. 80. t Buchanan's ' History of Scotland,' vol. ii. p. 369. Upper Teviotdale and the Scolts of Buccleuch. 95 the English, the Borderers were in a most critical and dangerous position. The muster of Borderers, before the battle of Flodden, had been much greater in proportion to the number of inhabitants than in other parts of Scotland. This was attributable to the fact, that the frequent interchange of hostilities kept their feelings of enmity towards their ' auld enemies ' in a lively and active state, and both lord and vassal welcomed the chance of an encounter with them. Their 96 Upper Teviotdale and the Scotts of Buccleuch. loss, therefore, was correspondingly great, and in hundreds of homes on the Borders there was mourning for those who had been left ' to feed the crow on Flodden's fatal plain.' The muster from Hawick is stated in the 'Annals of Hawick ' to have been about two hundred, who marched under the banner of Douglas of Drumlanrig ; but as no authority is cited, the statement must be regarded as traditional, or conjectural perhaps, but there is no reason to doubt that it is approximate to the truth. Sir William Douglas was killed in the battle, and it is asserted that his followers were nearly exterminated. Sir Walter Scott of Buccleuch also led a large force of his retainers to the field. He was one of the few noblemen who survived the battle, where he fought with distinguished bravery. The archers of Ettrick Forest perished almost to a man ; and although it is impossible to arrive at an accurate computation, there can be no doubt that the loss was very great on the Borders. The sorrow and wailing which prevailed in the district is touchingly expressed by the authoress of the ' Flowers of the Forest' — ' I've heard the lilting, at our yowe milking, Lasses a' lilting, before the dawn of day ; But now they are moaning on ilka green loaning The Flowers o' the Forest are a' wede away. ' At bughts in the morning, nae blithe lads are scorning, The lasses are lonely, and dowie, and wae, Nae damn, nae gabbin, but sighing and sabbing, Ilk ane lifts her leglin, and hies her away. ' Dule and wae for the order, sent our lads to the Border, The English for ance by guile wan the day. The Flowers o' the Forest, that fought aye the foremost, The prime of our land, are cauld in the clay.' While the loss had been greatest on the Borders, the danger to which its inhabitants were exposed was most imminent Bereft of their defenders, and an enemy within a few hours' march, the people were a prey to the liveliest appre- hension, for they naturally expected that the English would follow up their victory, and that the country would be overrun with their marauding bands. The Teviotdale peasantry had good cause for dread, for though Surrey dis- banded his army, he did so on his own responsibility, and his action so displeased the King, who was in France with his army, that he at once sent Upper Teviotdale and the Scotts of Bttccleuch. 97 orders to the wardens Dacre and Darcy, to make incursions into Scotland both from the east and west Borders. The wardens were not in a position to make an extensive and simultaneous invasion, but they committed a number of separate and very destructive inroads. On the 29th of October 1 5 1 3, Lord Dacre reports to the Bishop of Durham the particulars of a raid into Eskdale, where he burnt many houses, and carried off hundreds of sheep and cattle, and a large quantity of ' insight gear,' or miscellaneous plunder, and goes on to say : — ' Sens I mett the Chamberlayn on Satterday was sevinnight I caused four raids to be made in Tevidale ; one to the toure of Howpaslot, and there burnt, took and brought away twenty-eight score sheep, with insight and goods ; another roode to Carlenrig, made be the inhabitants of Tyndale and Riddesdale, to the castle of Ancrom, and brynt the town of the same, and took and brought away nine prisoners, with much goods, cattle and insight. And three roods in Annandale, where as great destruction was, both of burning and taking of goods. And over that I entend Tevidale shal be kept waking whils I deal with them myself.'* In November of the same year Dacre wrote to King Henry giving still further details. He entered Scotland with a thousand horsemen, and there set forth two forays — ' My brother, Philip Dacre, with three hundred men, which burnt and destroyed the town of Rewcastle, with all the comes in the same, and thereabouts, and wan two towers in it, and burnt both roofe and flores, and Sir Rodger Fenwick, with three hundred men, burnt the town of Langton (Lanton), and destroyed all the comes therein, which towns are in the hert of the country two miles beyond Jedburgh, on the water of Chevyot (Teviot). and I come to a place called the Dungyon (Dunion), a myle from Gedworth, and so went to Sclaterford on the water of Bowset (Bowmont probably), and there the Scots pursued us right sore. They bickered with us, and gave us hard stroks. The laird of Walghope (Wauchope) was hurt there with an arrowe, and his horse slane. Mark Tumbull was strikken with a spear, and the hede left in him, his horse was won, and diverse Scottesmen were hurt there.' 'My said brother come in at Cressopbrige (Kershope), and there entered the Middle March, and so come through Liddesdale to the Rugheswyre, twelve miles within the ground of Scotland. They burnt the town of ' Dyker, six myle from the said swyre, with a towre in the same, and laid corn and straw to the door and burnt it both roofe and flore, and so smoked them out,' also 'they burnt the towns of Sowdon (Southdean) and Lurchestrother (Lustruther), with a toure in it, and destroyed all the cornes about them, and took diverse prisoners, with much insight and goodes.' They came homeward, but 'rode no faster than the nowte, sheip, and swyne that we had won would drive, which was no great substance, for the country was warned of our coming, and the bekyns burnt from midnight forward.' The remainder of the winter passed without further outrages having been committed ; but with the spring the work of destruction was resumed, and a party of English invaded the east Border. Advancing up Teviotdale they afforded the youths of Hawick an opportunity of proving their courage. * Cottonian MSS. , Caligula B. 7. O 98 Upper Teviotdale and the Scotts of Buccleuch. It was early in the spring of 15 14 that news reached Hawick, that a party of English marauders were advancing towards the town, burning and destroying all that came in their way. Their number and strength were unknown, but it was hastily resolved to go out and meet the enemy, and, if possible, prevent them from entering the town, and subjecting it to pillage. Many of the able-bodied men had perished at Flodden, but the youths mustered bravely, along with those who had escaped that fatal field, and with the recollection of its losses and defeat to nerve their arms, they took their way down the Teviot, determined on resistance and revenge. The danger was too real for bravado or thoughtless temerity, and they took their way down the riverside, silently and cautiously, screening themselves with the trees and brushwood wherever it was possible. About two miles from the town, where the river narrows into a deep dark pool, called Hornshole, on the steep shady banks of the stream, they found a band of English soldiers, supposed to have been about forty or thereabouts. They were resting after their fatigues. Most of them had laid aside their arms, and were lying half asleep under the trees, when suddenly a party of youths sprung on them from the bushes. The Hawick slogan rang out, and many of the soldiers were slain before they had time to grasp their weapons. The Hawick ' Callants ' had their foes at a disadvantage, and had they been given to pious ejaculations might have exclaimed, ' Surely the Lord hath delivered them into our hands!' No such idea ever entered their heads as to spare any of these marauders, whose swords had been steeped in the blood of their countrymen, whose hands were encumbered with plunder, and whose arms were weary with the work of destruction. The whole band were slain, and the Hawick youths returned triumphantly to the town laden with the spoil they had recovered from the English, and covered with glory in the eyes of their admiring kinsfolk and neighbours. The account of this exploit is founded on local tradition, which, though probably in the main correct, and in harmony with the events of the time, is not found in print anywhere before the present century. The marauders who were slain at Hornshole, apparently belonged to the party of English who invaded the east Border, but was speedily met by the Earl of Home, who was enabled, not only to offer a decided check to the English, but also to effect something in the way of retaliation. Henry the Eighth and his council do not appear to have been satisfied with what had been done against the Scots, and Upper Teviotdale and the Scotts of Buccleuch. 99 on the 17th of May 1514, Lord Dacre wrote a letter to the council, evidently in reply to one rebuking him for not having kept the Scots in check, He says* — ' For oone cattle taken by the Scots, we have taken and brought away out of Scotland a hundred, and for oone sheep, two hundred, of a surty. And as for the townships and houses burnt in any of the said east, * Caligula, B. ii. f. 190. i oo Upper Teviotdale and the Scotts of Buccleuch. middle, and west marches, within my reull, from the beginning of this warr unto this day. I have caused to lie burnt six times more townys and howsys within the west and middill marshes of Scotland in the same season than is done to us, as I may be trusted, and as I shall evidently proove. For the watter of Liddall being twelve miles in length, whereupon was a hundred pleughes, the watter of Ewse being eight miles in length, together with the dales of Ludder. The head of Tevyot, Borthwick, and Ale, lyes all every one of them waste now, no corne sawne upon none of the said grounds. ' The government were apparently satisfied with this report, and a peace being concluded through the course of the summer, this predatory warfare ceased for a time. The remembrance of the exploit achieved by the Hawick ' Callants ' has been cherished with peculiar pride by the townsfolk, and is still commemorated at the annual festival called the Common-riding, It is held in the first week in June, or the last Friday of May (old style), and as its name indicates, included the practice of riding round the common-lands and property of the burgh. A flag, or banner, is carried by a young man on horseback, who is called the ' Cornet,' and a song descriptive of the battle of Flodden, and the subsequent encounter at Hornshole, is sung. The flag, which is carried on these occasions, is a blue square, with the St Andrew's Cross and the date of the fray, 15 14, inscribed thereon. It is a copy of an ancient flag, which one tradition asserts was taken at the battle of Flodden, and another, that it was a trophy of the en- counter at Hornshole. The original has long been lost. In 1707 the flag being ' altogether torn and useless,' was replaced with a new one, on the authority of the Bailies and Town Council, who furnished the price thereof out of the burgess money.* This may or may not have been the original; at all events it has not been preserved, and was probably cast carelessly aside when the new flag was purchased. Regarding the origin of the flag, Mr David Watson, a local anti- quary, who has devoted much attention to the subject, read a paper before the Hawick Archaeological Society in June 1867, in which he points out, that the emblem on the flag being Scottish, it was not likely to have been carried by English soldiers. Indeed, being only a detached party of marauders, whose chief object was plunder, it is unlikely that they would encumber themselves with a flag of any kind, and the probability is, that the date of the exploit was put upon the Town's Standard, in accordance with an ancient custom which still prevails, of emblazoning on the colours of the regiments the date of any memorable victory in which they took part or were distinguished for bravery. This hypo- * 'Annals of Hawick,' p. 120. Upper Tevtotdale and the Scotts of Buccleiic'h. i'oi thesis is further borne out by the fact, that the flag has not been preserved, which it assuredly would, had it been a trophy. The ' Cornet,' who plays a very important part in the celebration of the Common-riding, is elected by the Magistrates from a list furnished by the young men, only unmarried men being legible for the honour of carrying the colour. The first Cornet of whom any notice has been preserved was James Scott, who carried the colour in 1703. This by no means implies that the municipal body had elected a Cornet for the first time. It is entered in the Burgh Records, in a matter-of-course way, as if it were part of the ordinary business of the Council ; and the omission of any earlier notice of an election may easily be accounted for, on the supposition that the Town Clerk thought it unnecessary to record an ordinary event, of which every one was fully cognisant. This is proved by a subsequent entry in the Council Records, in 1706, when a dispute arising about the Cornet, the Bailies decided to carry the ' Pennil ' themselves. The young men of the town, regarding it as their peculiar privilege, got a flag of their own, which they carried in defiance of the Bailies. This led to a serious riot. A number of the ringleaders were apprehended, and, in the indictment against them, it is stated that as they, ' contrari to all ancient custom and practice of the said town for many generations, and hundreds of years past, made and patched up ane mocke colour of their own.' The song which is sung at the Common-riding contains a description of the battle of Flodden, and an eulogium on the bravery of the Hawick youths. None of the versions now extant are older than the end of last century. The oldest of these was written by Arthur Balbirnie, who was foreman dyer at the carpet factory. It contains as little of the fire of the ancient bard as the grace of the modern poet, and is only interesting because it has been associated with the Common-riding for the best part of a century. It is sung by the Cornet and his lads before mounting their horses, as a sort of prelim- inary to the festivities. A few verses are subjoined as a sample : — We'll a' hie to the Muir — a-riding — Drumlanrig gave us for providing — Our ancestors of martial order, To drive the English o'er the Border. Up wi' Hawick's richts and Common, Up wi' a' the Border Bowmen : Teribus and Teri Odin, We are up to ride our Common. 102 Upper Teviotdale and the Scott s of Bucclench. At Flodden field our fathers fought it — Honour gained, though dear they bought it ; By Teviotside they took this colour, A dear memorial of their valour. Round our Cornet now we'll rally — Forth on horseback let us sally ; Round our marches we'll escort him, Pledging firmly to support him. Though twice of old our town was burned, Yet twice the foeman back we turned ; And ever should our rights be trodden, We'll face the foe by Teri Odin. Up the Loan we'll go like fire — Round the Vertish Hill ne'er tire ; End's-lang Pilmuir-rigg we'll canter, Down by the Bailie's Knowe we'll scamper. At the Ca'-Knowe we'll halt a little, Slack the girth, and ease the cripple, Tak' a glass o' cheering whisky, And down o'er Hawick Moss-brow fu' frisky The Common-riding song, which is sung in the afternoon, was written by a local poet named James Hogg (not the Ettrick Shepherd), the sole relics of whose genius are ' Flodden field ' and ' The Colour.' Both are on the same subject, but the latter is the more popular, and is called emphatically — The Common- riding Song. It is too long to quote entire, but the following will give a fair idea of it. The writer has certainly availed himself of the poet's licence in the highly coloured account he gives of the warlike exploits of the ' Hawick Callants :' — Scotia felt thine ire, O Odin ! On the bloody field of Flodden ; There our fathers fell with honour, Round their King and country's banner. Teribus, ye Teri Odin, Sons of heroes slain at Flodden, Imitating Border Bowmen, Aye defend your Rights and Common. Upper Teviotdale and the Scotts of Buccleuch. 103 'Twas then Drumlanrig, generous donur, Gave (immortal be his honour) ! What might soothe Hawick's dire disaster, Land for tillage, peats, and pasture. After Flodden was decided, Surrey had his troops divided, When he turned them loose to plunder — O, Heaven just ! why slept thy thunder? Hawick they left in ruins lying, Nought was heard but widows crying ; Labour of all kinds neglected ; Orphans wandering unprotected. All were sunk in deep dejection, None to flee to for protection ; Till some youths who stayed from Flodden, Rallied up by Teri Odin. Armed with sword, with bow and quiver, Shouting ' Vengeance now or never ! ' Off they marched in martial order, Down by Teviot's flowery border. Hawick destroyed, their slaughtered sires — Scotia's wrongs each bosom fires — On they rush to be victorious, Or to fall in battle glorious. Down they threw their bows and arrows, Drew their swords like vet'ran heroes, Charged the foe with native valour, Routed them and took their colour. Now with spoil and honours laden, Well revenged for fatal Flodden, Home they marched, this flag displaying — Teribus before them playing. High the trump of fame did raise them, Poets of those times did praise them — Sung their feats in muirland ballants : Scotia's boast was Hawick Gallants ! 104 Ubper Teviotdale and the Scott s of Buccletich. Scarce a native glen or mountain — Rugged rock or running fountain, But have seen these youths with bravery- Fight the tools of southern slavery. Thus we boast a Muir and Colour Won by deeds of hardy valour — Won in fields where victory swithered — Won when Scotia's laurels withered. Annual since our flag's been carried Round our Muir by men unmarried — Emblem grand of those who won it — Matrimonial hands would stain it. ' Hawick shall triumph 'mid destruction, Was a Druid's dark prediction ; Strange the issues that unrolled it Cent'ries after he'd foretold it. Back to fable-shaded eras We can trace a race of heroes, Hardy, brave, inured to perils, Foreign wars, and feudal quarrels. Peace be thy portion, Hawick, for ever ! Thine arts, thy commerce, flourish ever ! Down to latest ages send it — ' Hawick was ever independent. This last line is sung over and over again with great fervour, and then loud and prolonged cheers from the crowd make the welkin ring at the conclusion of the song. The other version of the Common-riding song is merely a high-flown descrip- tion of the battle of Flodden, and is of no particular local interest, except that it relates how ' Our sires roused by Tyr ye Odin, Marched and joined the King at Flodden.' Flodden Field ' has been pronounced to possess high poetic worth by no less Upper Teviotdale and the Scotts of Buccleuch. 105 an authority than Sir Walter Scott, who said that any poet might have been proud to have been the author of the following verse : — ' Sol, with broaden'd orb descending, Left fierce warriors still contending ; Brilliant Vesper shed her glances Ere they sheathed their blood-stained lances. With all deference to such a high authority, we cannot help thinking that Sir Walter must have been in a complimentary mood when he passed such a high eulogium on the ballad. With his usual discrimination he has selected the best stanza, the next one is scarcely deserving of such high praise — - ' Low at last, in heaps promiscuous, Haughty chiefs and hinds obsequious, Husband, father, friend, and lover, Night's all-blending shade did cover.' But it is on the whole a creditable composition, and is conceived in a spirit ot exalted patriotism. The chorus of ' Flodden Field ' is a little different from that of ' The Colour ' — ' Tyr haebbe us, ye Tyr ye Odin, Sons of heroes slain at Flodden, Imitating Border Bowmen, Aye defend .your Rights and Common.' This form of the refrain is supposed to be the more ancient one. There has been a good deal of learned discussion on the subject of this peculiar refrain, or ' ower-word.' The most reliable authorities agree that it is a war cry or invocation to the heathen god of battles, and has been handed down scarcely mutilated from the time when our pagan ancestors raised their altars to Tyr and Odin. Though all the ballads with which Tyr ye bus is associated are modern, there can be no doubt that it formed the refrain to heroic lays, back to the time when the gleoman, scald, or bard, recited or sung in improvised verse, the valiant deeds of the warriors ; the assembly shouting their war cry as an applauding chorus to their panegyrist. As far back as written history can take us, we find that every nation had its Homer or its Ossian to commemorate the great deeds of its heroes, and transmit them to future generations on the waves of tuneful song. At all festivals or commemorative celebrations, the local minstrel excited the ardour of the people, r 106 Upper Teviotdale and the Scotts of Buccleuch. by pouring forth a poetical and thrilling narration of the heroic deeds of their ancestors, ending with a recital of their own valiant exploits ; thus keeping the memory of the old heroes fresh and green, and inspiring their descendants to emulate their valour. There can be little doubt that the bard of Teviotdale delighted the Hawick people, at the next May festival in 1515, with a glowing account of the valorous exploit at Hornshole, while the people exultingly shouted their slogan or war cry. This exploit, and the celebrated battle of Flodden, held a prominent place in the minstrels' verse ever afterwards, and when Hawick was no longer obliged to hold her own ' In foreign wars or feudal quarrels,' but became a peaceful industrious trading community, furnishing no fresh matter for the minstrels' heroic strains, the brave deeds of their forefathers have formed the subject of the verse of successive poets, which, with the same strange ' ower-word,' and set to the same wild air, old as the invocation to Odin itself, is still sung at the annual festival down to the present year of grace 1887. It is worthy of notice that though the choruses of these ballads differ considerably, they both make special reference to the ' Border Bowmen.' These songs having been written long after archery had fallen into disuse, clearly proves that the refrain must have been handed down from an earlier period. The older ballads are lost, though their general purport is retained in the modern version. Oral tradition has, however, preserved the refrain, which being repeated after every verse, was remembered when the rest had been forgotten. The variation may have occurred through its having been imperfectly transcribed, or altered to suit the taste of the modern bard. The prominent reference to the 'Border Bowmen,' and the men of Hawick, being addressed as 'Sons of heroes slain at Flodden,' would seem to imply that they distinguished themselves there, the bowmen especially, and deserved to be held in perpetual admiration by their descendants. Leyden, in his ' Scenes of Infancy,' alludes to this important event in the history of Hawick — . ' Boast ! Hawick, boast ! Thy structures reared in blood Shall rise triumphant over flame and flood. Still doomed to prosper, since on Flodden field Thy sons, a hardy band, unwont to yield, Fell with their martial King, and glorious boast, Gained proud renown, where Scotia's fame was lost.' Upper Teviotdale and the Scot is of Buccleuch. 107 The place where the song is sung, is in an obscure back street running at right angles from the High Street, where a platform is erected for the purpose, on the top of a wall, close to the railway bridge. An old thatched cottage stood on that spot before the railway was constructed, and the song was formerly sung from the ' rigging.' Why this spot should have been selected is a mystery. Tradition is silent on the subject. The locality is in no other way connected with the day's sports or ceremonies ; but from time immemorial the people of Hawick have repaired thither every Common-riding afternoon, to hear Tyr ye bus sung. Till about seventy or eighty years ago, all the ground occupied by Slitrig and Allars Crescents was a level green haugh, called the Deidhaugh. It lay along the banks of the Slitrig, and was sheltered by a steep and high bank. This was in all probability the place where the ' Buttis, or Bow Markis,' stood. In a statute of James the First, it was ordained that ' All men do busk them to be archeries,' and that ' Buttis ' should be erected near to ' Paroche Kirkes, quhaire upon halie daies, men may meet, and at the least schutte thrise about, and have usage of archerie.' The place where the 'Butts' stood in the burgh of Hawick cannot be identified with certainty. The 'Wellbutts Park' and Sillerbut indicate their position in Wilton parish, but these could not have sufficed for Hawick, for to satisfy the requirements of the Act, the ' Buttis ' must be within the burgh. There is no place within the prescribed limits so suitable as the Deidhaugh, within a bowshot of the parish kirk, and in close proximity to the Baron's Tower, and the principal part of the town. The level ground near the Moat was suitable so far, but it is very much exposed, which rendered it quite unfitted for the practice of archery ; while the Deidhaugh was well sheltered, and was really the only place which fulfilled all the necessary conditions for the practice of these military exer- cises, which the people were bound to follow, and in which they took such delight. In warlike times, the sports at the annual festival, would include trials of strength and skill in all sorts of military exercises ; shooting at the ' Buttis,' tilting, and so on, and these games and sports were most likely to be held where the ' Buttis ' stood, and when the people were assembled for the sports, the heroic ministrel poured forth his lays, just where the old cottage before- mentioned stood. When the sports lost their warlike character, and horse- racing was introduced, the larger field at the common haugh was resorted to for that part of the programme, while the song was still sung at the spot hallowed by 108 Upper Teviotdale and the Scotts of Buccleuch. the ' use and wont ' of generations. The pleasant green haugh is now occupied by a quiet street, a railway bridge crosses just at the time-honoured spot, but a platform is erected as near it as possible, and there the Cornet repairs when the races for the day are over, and mounts the platform, accompanied by his supporters, all in the traditional dress, namely, a green coat and white trowsers, a crimson silk sash distinguishing the hero of the day, who stands in front next the singer, holding the flag, which he waves triumphantly at appropriate parts of the song, he and his followers also joining in the chorus, and all the crowd cheering vociferously when it is concluded. The festival, of which the Common-riding is a survival, was inaugurated far back in the dim unrecorded ages, and originated in the worship of the heathen deities. The slogan, which forms part of the Common-riding song, is an invo- cation to the heathen gods of our Saxon ancestors, and has survived the mutations of a thousand years. The oak chaplets, and more recently the sprigs of oak leaves with which those who took part in the festivities were wont to decorate themselves, were also a reminiscence of that remote period. Another custom, which must be attributed to the same source, still forms part of the Com- mon-riding programme. The young men conclude the first day's proceedings, by repairing to the top of the ancient Moat, in the grey dawn of the morning, there to watch for the first beams of the rising sun. The ' Lads ' have not the remotest idea of the meaning of this custom, or what ceremonies were con- nected with it in the olden time ; but they would consider that they had been guilty of a neglect of duty were this omitted, so they faithfully repair to the top of the old mound, at the accustomed hour, and consume a bottle of whisky in toasts, more or less relevant to the occasion. The festival is now divested of a great part of the ancient ceremonial associated with it. As its name indicates, it included the practice of riding round the common and burgh lands, for the purpose of defining the boundaries, and preventing encroachment, a necessary precaution when the lands were unenclosed. The practice of 'riding and meithing the common,' probably dates from the time it was granted to the town by Sir James Douglas of Drumlanrig. It is traditionally asserted that he bestowed that valuable gift upon the town in recognition of the faithful services of the men of Hawick at the battle of Flodden, and in commisseration of the great loss they sustained. The charter, or instrument by which this gift was secured to the town, shows Upper Teviotdale and the Scotts of Buccleuch. 109 that so far as the ' particates ' or small parcels of land, lying behind the houses on both sides of the street within the burgh were concerned, the deed was merely a renewal of investures formerly granted, or a ratification of a previous charter, which had been lost or destroyed. But with respect to the common lands and the right of pasture, these appear to have been granted for the first time in 1537, the date of the Drumlanrig charter. This date, it is true, is twenty-four years later than the battle of Flodden, where Sir William Douglas was killed. Sir James Douglas was only five years of age when he succeeded, and could not grant a charter so long as he was a minor. The privileges conferred by the charter may have been given verbally long before, and Drumlanrig may have deferred, from year to year, giving legal effect to his promise. The delay does not at all contradict the general belief, that the common lands were granted with immediate reference to the services rendered at the battle. James the Fifth granted similar privileges to the inhabitants of Selkirk, and though no mention is made of the fact in the charter, which is dated only two years previous to that of Hawick, it is universally believed that the King granted the lands and other privileges to the citizens of Selkirk in recognition of their services to his father at Flodden, and their sufferings in his cause. In following the example of his Sovereign, therefore, we have every reason to believe the truth of the tradition, that Drumlanrig was actuated by a wish to do honour to the memory of his father, and to make a public and lasting acknowledgment of the bravery and fidelity of the men of Hawick, who had followed the banner of their late lord. His liber- ality took the form which, above all others, was calculated to relieve the distresses of the people, and to perpetuate his memory. Drumlanrig is still known as Hawick's ' generous donor,' who gave what has now become a most valuable property, which, at the present day, is productive of great good to the town, and greatly lightens the local taxes for municipal purposes. That the Drumlanrig charter of 1537 was the renewal of an older one, in so far as the property within the burgh is concerned, is clearly shown on reference to the charter itself, as given in 'Annals of Hawick,' page 322. ' It plainly appears, and is known to me from my old evidents, that my town of Hawick lying within my said barony of Hawick, and in the sheriffdom of Roxburgh, from of old created, continued to subsist a free burgh of barony, and because the charters and evidents of the tenants and inhabitants of the said town and burgh, through the inroads of the English, and thieves in by-past times of enmity and war, have been lost or destroyed, from whence that no prejudice may arise to the said tenants, but in respect that I am willing rather to help and relieve them. Know ye therefore that I have granted, and by this my present charter 1 1 o Upper Teviotdale and the Scotts of Buccleuch. confirmed, to the persons underwritten, tenants of my said town and burgh of barony, all and sundry my lands following, — To Robert Scott of Howpaslot six particates of land ; Robert Scott of Allanhaugh three particates ; the Chaplain of the altar of the blessed Virgin Mary within the parish church of Hawick, two particates,' etc. In this way the tenants, with the land they held, are all enumerated and described. The " particates" were small portions of land lying to the back of the houses on both sides of the public street, from the lands commonly called the Bourtries on the east, to the common vennel at Myreslawgreen on the west.' Then the common lands are defined, and with the exception of a portion of land lying to the south of the street, probably contiguous to the town, he grants the whole in ' feu and heritage, and free burgage in barony as formerly, for ever by all their just marches old and divided, as they lie in length and in breadth, with houses, buildings, yards, beams, timber, common pastur- age, and free entry and out-gate, together with all and sundry other liberties, commodities, profits, easments, and just pertinents of the same whatsoever,' etc., 'and that freely, quietly, fully, completely, honerably well, and in peace, without any impediment, revocation, contradiction or obstacle whatsomever.' The charter also stipulated that one James Blair, 'his heirs and assignees were to find and maintain one lamp, or pot of oil, before the great altar of the parish church of Hawick, in time of high mass and evening prayers, on all holydays throughout the year, in honour of our blessed Lord and Saviour Jesus Christ, and for the souls of the barons of Hawick, founders of the said lamp, and their successors.' The half particate of land, of which the said James Blair held possession, was apparently granted for the purpose of ' finding and maintaining ' the lamp. After the Reformation, this stipulation being considered Popish and idolatrous, it was therefore decided that it was not obligatory. The charter of Sir James Douglas of Drumlanrig was confirmed by Royal Charter in 1545, in the third year of the reign of Queen Mary. When the burgh lands were unenclosed, it was necessary that the boundaries should be visited at frequent intervals, so as to keep them fresh in the -minds of the people. The line of division was generally some natural feature of the landscape, such as a morass, a cleuch or valley, the course of a stream, or a straight line from one prominent object to another, and the boundary line was marked at intervals by turning a few spadefuls of turf, and setting up stones or stakes as landmarks. The annual visitation of the landmarks was thus a most important ceremony, and was attended with a considerable amount of military display. The Bailies, and members of the Town Council headed the procession on horseback, and were followed by the whole body of the inhabitants, either mounted or on foot, and all armed according to their degree. Every burgess was bound to attend the annual ceremony of riding the common, and whoever Upper Teviotdale and the Scotts of Biucleuch. 1 1 1 absented himself without a good and sufficient reason, was liable to fine and imprisonment. This law was rigidly enforced, as the Town Council Records show. In 1644 a burgess who was charged with not being present at the Common-riding, was assoilzied on pleading that he was present at the Watch Knowe ; and another, who excused himself on the same grounds, had the penalty and fine remitted on that occasion, but was cautioned, that if ever he committed the like offence again, he should suffer double fine and imprisonment. The Common being now enclosed, it is unnecessary to ride round the marches, and the practice has been discontinued. The military display, which was wont to attend the Common-riding, is reduced to a couple of burgh officers bearing halberds. Much of the old ceremonial has been forgotten, or fallen into disuse, and the festival is now little more than a race meeting, one of the oldest in Scotland. But shorn as it is of its ancient grandeur, it is still the day of days to Hawick folks. The shrill music of the fifes and drums playing the old air of ' Teribus,' has power to stir their blood as nothing else will. So well is this understood, that when it is desired to rouse the ardour of the Hawick people for any political or civic struggle, it is customary to send the drums and fifes round the town playing Teribus, and it never fails to have the effect anticipated. The Common-riding has an irresistible attraction for old Hawick people, who come from great distances to take part in the annual celebration, even from America and Australia for no other reason than an intense longing to see another Common-riding, to hear again the shrill revielU of the fifes in the early morning; to watch the flutter of the old blue flag, borne gallantly by the Cornet, as he gallops down the Haggisha Brae, with his followers in hot pursuit; to stand again in the mill path, and hear the song sung with all the old fervour, and to revive the old associations connected with the day. These things may- appear trifling to the uninitiated, but to a descendant of the ' Sons of heroes slain at Flodden, ' they are well worth a journey from the other side of the world. -~i CHAPTER VI. ' Of Liddisdail the common theifis Sa peartlie stellis now, and reifis. That nane may keip Horse, nolt, or scheip, Nor yett dar sleip For their mischeifis.' Sir R. Maitland. «i Awii' M»e44fotd 4ca>lfe. After the battle of Flodden the government was entrusted to Queen Margaret, who, by the will of the late King, ratified by Act of Parliament, was appointed Regent of Scotland, and guardian of the youthful sovereign, so long as she remained unmarried. The Queen was an imperious, pleasure-loving woman, fond of power, but careless of the interests of her subjects. Upper Teviotdale and the Scotts of Buccleuch. 1 1 3 She had not been a widow many months till she fell in love with the hand- some young Earl of Angus, the head of the house of Douglas, whom she married within the year. By her marriage Queen Margaret forfeited her right to the regency, which was now offered to John, Duke of Albany. He was the son of Alexander, Duke of Albany (brother of James III.), who had been obliged to seek refuge in France after his treasonable insurrections in Scotland, and was killed at a tournament in Paris in 1485. John, Duke of Albany, had risen to great wealth and power in the court of Louis XI., and was created Lord High Admiral of France. Failing the infant sons of James IV. he was next heir to the Scottish throne, and consequently had a deep interest in the welfare of the kingdom. He readily accepted the regency, and set out for Scotland accompanied by a splendid retinue. It was whispered that Albany expected, at no distant date, to wear the Scot- tish crown. A prophecy was circulated regarding him, that he should conquer England, and rule Britain from sea to sea. It obtained general credence, and its fulfilment was looked forward to with confidence.* The prophecy was attributed to Thomas the Rymour, but was merely an adaptation of some lines from Merlyne and the Rymour, with an original prediction containing a clear reference to Albany, and was probably the work of some mendacious soothsayer, hired to advance the views of the French faction. The seer says — ■ ' The French wife shall bear the son Shall weld all Britain to the sea, And of the Bruce's line shall come As near as the ninth degree.' The ' French wife ' was Albany's mother, who was a daughter of the Count of Boulogne, and he fulfilled the other condition by being in the ninth degree from Bruce. But nothing came of this prediction as far as Albany was concerned, though there can be no doubt it was originally intended for him.t It was after- wards fitted to James VI., and was believed to be fulfilled when he ascended the English throne. The Queen Dowager regarded the Duke of Albany with anti- pathy and distrust. Her maternal solicitude for the safety of her children made her fear that, like another Richard III., he would have little regard for the two infant lives which stood between him and the object of his ambition. Her worst * Introduction to the ' Romance and Prophecies of Thomas of Erceldoune.' Early English Text Society, t ' Remarks on the History of Scotland,' by Lord Hailes. 1 1 4 Upper Teviotdale and the Scotts of Biiccleuch. fears were confirmed when Albany procured an order from Parliament to have the custody of the royal children transferred from their mother to himself. There is no proof that he had any sinister design in this ; but the possession of the person of the young King gave a certain amount of power to the Queen and the Douglas faction, of which Angus, her husband, was the head, and which was opposed to the authority of the Regent. The Queen's apprehension for the safety of her children was natural, and warranted by circumstances. In order to secure their safety, therefore, she attempted to carry off the children and place them under the care of her brother Henry VIII., but her design was discovered and frustrated. The people appear to have had no sympathy with Queen Margaret's motherly feelings. Her attempt to place the King of Scotland in the hands of his natural enemy, the King of England, was regarded as treason, and raised a perfect storm of indignation against her ; but her suspicions of Albany's motives were so far believed, that the children were placed in safe hands. The Queen herself, with her husband, fled to England shortly afterwards. Though a Scot by birth, Albany had spent all his life in France, and had little in common with the people he had come to govern. He was luxurious and splendid in his tastes and in his mode of life, while the poverty of the Scots, no less than their hardy nature, compelled them to live plainly and even penuriously. He did not understand the character of the rough, yet proud Scotch Barons, and often gave offence when he thought he was acting most judiciously ; but his wholesome distrust of English interference went a long way in gaining the con- fidence of the people, for their great fear in allowing the supreme power to remain in the hands of the Dowager Queen was, that her brother Henry VIII., might use his influence over her in a way inimical to the honour and independence of Scotland. Though not popular, Albany had the support of the majority of the people in Scotland, and he might, had he been more disinterested, have main- tained the efficiency of the government, and checked the general lawlessness which prevailed. When he saw there was no immediate prospect of obtaining the Crown of Scotland, he took the earliest opportunity of returning to the gay and congenial society of the French capital. Five years elapsed before Albany could be induced to revisit Scotland and discharge the duties of Regent ; and the country was given over to the intrigues of selfish and ambitious nobles and churchmen. There was a great struggle for power between the Hamiltons and the Douglases, and most of the nobles took Upper Teviotdale and the Scotts of Duccleuch. 1 1 5 part with one or other of the rival houses. Fierce and bloody quarrels between the partisans of the opposing factions disturbed the peace of the kingdom, and were subversive of all firm rule. The commercial and industrial interests of the country suffered, and vice and oppression flourished unchecked. In no part of the kingdom was the weakness of the government more severely felt than on the Borders, which were ' in grete ruyne, and out of all good order.' The distress in Teviotdale and other Border districts caused by the war with England, has been already described. The truce, which was arranged the year after the battle of Flodden, afforded a respite for a few years ; but the inhabitants of Liddesdale and the Debateable Lands were as great a scourge to the peaceably disposed inhabitants of Teviotdale as their English enemies had been. It was during the long exile of James I., under the weak and selfish government of his uncle, the first Earl of Albany, that Liddesdale began to acquire that character for which it afterwards became so notorious, as the haunt of thieves and outlaws. The district of Liddesdale stretches for twenty miles along the Scottish border, nearly in the centre of the country, with an average width of about twelve miles. Its general aspect was bleak and dreary, high bare hills rising height above height, and stretching away into swelling uplands, where peat bogs and treacherous morasses abounded. The hillsides barren of all save heather and brackens, and the dark pools and the sour stunted herbage of the level ground gave to the scene a look of dreary desolation. But a more intimate acquaintance with the district revealed the existence of several fertile valleys, where many strong peel towers, and clusters of humbler dwellings, showed that a numerous population was sheltered among the recesses of the hills. At the entrance of one of these narrow valleys, on the banks of a clear rushing stream stood the castle of Hermitage. It was built and fortified by Walter, Earl of Menteith, in the early part of the thirteenth century, and was a royal fortress, designed as one of the defences of the kingdom. The King of England considered himself aggrieved or defied by the erection of this stronghold, so near the Borders, and it was the acknowledged cause of the assembly of an army for the purpose of invading Scotland in 1243.* The Lordship of Liddesdale then belonged to the powerful family of De Soulis, and * Forilun, lib. ix. p. 74. 1 1 6 Upper Teviotdale and the Scotts of Buccleuch. the castle soon afterwards came into their possession. William, Lord Soulis, who was of royal descent through his grandmother, a daughter of Alexander II., had formed a conspiracy to assassinate King Robert Bruce and seize the crown. The plot was discovered, the conspirators apprehended, and Lord Soulis having confessed his guilt, his life was spared, but he was imprisoned in Dumbarton castle, where he died.* His estates were forfeited, and a considerable portion, including the castle of Hermitage, came into the hands of Sir William Douglas, the Knight of Liddesdale. Hermitage castle has always been associated with the name of Lord Soulis, to whom tradition ascribed every attribute of wickedness with which it was possible to invest a human being. He was also credited with supernatural power, and was attended by an evil spirit, by whose aid he perpetrated the most cruel and wanton outrages. The young laird of Mangerton had been invited to a feast at Hermitage castle, and treacherously murdered by his host. 'The Cout of Keilder' was drowned in a pool near the castle, the retainers of Lord Soulis holding him under the water, with their spears, till life was extinct. Many other atrocious crimes were laid to his charge ; and such frequent complaints of these outrages had been carried to the King, that in a fit of irritation he exclaimed, ' Go, boil Lord Soulis an ye list, but let me hear no more of him.' Interpreting the King's hasty exclamation as a literal command, they proceeded to put the sentence into execution by boiling him alive : ' On a circle of stones they placed the pot, On a circle of stones but barely nine ; They heated it red and fiery hot, Till the burnished brass did glimmer and shine.' ' They rolled him up in a sheet of lead, A sheet of lead for a funeral pall ; They plunged him in the cauldron red, And melted him, lead, and bones, and all. ' At the Skelf-hill the cauldron still The men of Liddesdale can show ; And on the spot where they boiled the pot The spreat and the deer-hair ne'er shall grow.' At the Nine Stane Rig, where this horrible tragedy was supposed to have been * Barbour's ' Bruce,' book xix. Upper Teviotdah and the Scotts of Buccleitch. 1 1 7 enacted, is the remains of a circle of stones alluded to in the first chapter of this work, as a probable memorial of the battle of Degsastan. The two stones which supported the iron bar on which the fatal cauldron was suspended, are still pointed out. A large pot, which was found near Hermitage castle, and is now in the possession of the Duke of Buccleuch, is supposed to have been used at the boiling of Lord Soulis, though, on what grounds the supposition rests, is a mystery. Nor is there any reason to assume that it was not a simple domestic utensil. The castle is said to have sunk half-way into the ground on account of the crimes perpetrated within its walls, and its ruins were regarded by the peasantry with superstitious awe, and were carefully avoided after nightfall. The legend concerning the tragic fate of Lord Soulis was implicitly believed in Liddesdale, and no one would have credited the fact that he died a natural death at Dumbarton castle. The ancient castle of Hermitage was a massive structure, evidently designed for strength and resistance rather than for convenience or baronial state. There was no attempt at architectural adornment or picturesque effect in the con- struction of its strong square towers and solid outer walls. It stood on a slight eminence, surrounded on three sides by a morass, and on the fourth by the stream. Even now, when its stern outlines have been softened by decay, Hermitage castle looks grim and formidable, standing in the midst of dreary hills, and haunted by weird and tragic memories of superstition and crime. Its gray towers are a fitting memorial of the scenes of violence, for which these, now lonely and peaceful glens, were once so notorious. The inhabitants of Liddesdale were a fierce and lawless people ; a people who for centuries had been inured to the perils and vicissitudes of warfare to which their frontier position exposed them. John Lesley, Bishop of Ross, gives a very interesting account of the Borderers, in a work published at Rome in 1577. He says of them : — ' In time of war they are readily reduced to extreme poverty by the almost daily inroads of the enemy. So, on the restoration of peace they entirely neglect to cultivate their lands, though fertile, from fear of the fruits of their labour being immediately destroyed by a new war. Whence it happens that they seek their subsistence by robberies, or rather by plunder and rapine (for they are particu- larly averse to the shedding of blood), nor do they much concern themselves whether it be from Scots or English that they rob and plunder and carry off 1 1 8 Upper Teviotdalc and the Scotts of Btucleuch. their booty of horses, cattle, and sheep.' Their residences consisted of 'strong Peel towers which cannot be demolished by fire, or thrown down without great force and labour.' In these the chiefs entrenched themselves, while the humbler members of the clan inhabited huts or cottages, about the burning of which they were no wise concerned. They were not addicted to the use of beer or wine, in which they did not take much delight, even when they obtained them. They rarely used bread, but lived chiefly on flesh, milk, and boiled barley. They were all good horsemen, and possessed a small nimble breed of horses, which they trained to cross dangerous bogs with bent knees, at places where footmen would scarcely dare follow. Their moral code permitted the freest interpretation of the rights of property. ' They have a persuasion that all property is common by the law of nature,' and in taking what was needful for their necessities, they were only doing what was natural and right, and they never said their prayers with more fervour of devotion than when bound on some plundering expedition. The shedding of blood being contrary to Divine law, they were careful to avoid, unless it was done to revenge some insult or injury. An honourable trait in their character was their fidelity to their plighted word. Violated confidence or trust they regarded as the greatest crime a man could be guilty of; and a Borderer would rather have suffered death than incur the odium attaching to one who had broken faith.* The Borderers were composed of several clans, of which the Armstrongs and the Elliots were the most powerful. The Armstrongs could muster about 3000 strong, and inhabited the western district of Liddesdale, spreading into Esk- dale, Euesdale, and Wauchopdale. The Elliots held the eastern portion more immediately adjoining Teviotdale. There were a great number of smaller clans, the Nixons, the Croziers, the Bells, the Littles, Irvings, and Battesons, who were all in league with each other, and pursued the same nefarious calling. Scot of Satchells, who regarded with much sympathy and even admiration, the Liddesdale clans, wrote in their defence — ' I would have none think I call them thieves, For if I did it would be arrant lies, 1 For all Frontiers, and Borderers, I observe Where 'ere they lie are freebooters. * 'Account of the Borderers,' translated from Bishop Lesley. 'Border Antiquities,' vol. ii. Appendix No. vi. Upper Teviotdale and the Scotts of Buccleiuh. 119 And do the enemy much more harms Than 5000 marshal-men in arms. The freebooters venture both life and limb, Good wife, and bairn, and every other thing; He must do so, or else must starve and die, For all his livlihood comes of the enemy. His substance, being, and his house most tight, Yet he may chance to lose all in a night, Being driven to poverty, he must needs a freebooter be.' ' He spoils more enemies now and then, Then many hundreds of your marshal-men, Near to a border frontier in time of war, There's ne'er a man but he's a freelxioter. ' In these last two lines Satchells stated what was quite true. The Liddesdale freebooters were what their situation and circumstances made them, so much may be pleaded in their favour, but their crimes cannot be regarded with his indulgent leniency. It is true that in time of war they were very valuable auxiliaries, and their marauding proclivities found a useful and legitimate outlet in harassing the enemy, and though their raids might be taken for their own advantage in the first instance, they were serviceable to their country at the same time. But in time of peace their predatory instincts were indulged in, in spite of national treaties and conditions of truce, and were a constant source of trouble to the government, and might at any time form the pretext for an outbreak of hostilities. Nor did they confine their operations to the enemy's country, but harried with equal impartiality in Cumberland and Teviotdale, and were as great a scourge to their countrymen as to the English. The nice distinction which Satchells draws between a freebooter and a thief had not been discovered in the sixteenth century. In 'Ane Satyre of the thrie Estaits,' a play written by Sir David Lindesay previous to 1535, common theft is represented as a personification of the Liddesdale clans, and as thieves and outlaws they were denounced, and punished, when they could be taken. The thieves were so numerous and power- ful that it was impossible for the peaceful inhabitants of the neighbouring dis- tricts to resist them, and they were in the habit of compounding for their exac- tions by voluntary payments to the chiefs of the clan, which not only procured exemption from robbery, but ensured protection from other predatory clans. 1 20 Upper Tcviotdale and the Scotts of Buccleuch. This thieves' tax was called ' black mail,' and those who refused to pay it were never safe from their attacks. With such a population Liddesdale offered singular attractions to criminals and outlaws, who, having fled from justice, found a safe retreat either from public law or private vengeance in the wilds of Liddesdale. These ' broken men,' as they were called, having nothing to lose, and their lives being already forfeited for their crimes, were perfectly reckless, and committed the most daring out- rages in defiance of law, and were at the call of anyone who had a private quarrel to avenge or an enemy to punish. The valley of a small stream, called the Leven or Levyn, was a noted haunt of outlaws. The stream, which is now called the Line, rises in the north-east of Cumberland, and flowing through the district of Bewcastle and Kirklinton, falls into the Solway Firth between the Esk and the Eden. The thieves who infested this district were familiarly known as 'the traitors of Levyn.' They were always ready for any violence, and their doings bulk largely in the criminal records of the sixteenth century. The inhabitants of Teviotdale frequently, suffered from the attacks of these depredators whose outrages were often committed at the instigation of some neighbour to avenge a quarrel or perpetuate a feud. Walter Scott of Howpaslot was indicted for ' bringing in the traitors of Levyn ' to the burning of Harehede,* and in 15 10 John Dalglish was convicted of the traitorous inbringing of ' Black John Routlesche and his accomplices, traitors of Levyn to the burning of Branxholme, and the herchip of horses, oxen, grain, and other goods/ and also along with the Armstrongs, burning and harrying Ancrum, and committing many other outrages. David Scott in Stirkschawis, close to Hawick, brought certain of the Armstrongs and the 'traitors of Levyn to the burning of certain houses and horses at the Craigend of Mynto,' and also to the stouthrief of sixteen oxen and cows, four horses, with other goods. The Armstrongs also carried off 180 cattle, and 20 horses, besides other property from the tenants of Lyntowne, and killed two persons at the same time, and many other outrages and depredations are reported.-f The insecurity which prevailed over the whole Scotch Border is well described in the poem of Sir Richard Maitland of Lethington, written in the sixteenth century, and called — 'A Complaynt against the Thieves of Liddisdail ' — * Pitcaitn's 'Criminal Trials,' vol. i. p. 69. t See Titcairn's 'Criminal Trials.' Upper Tcviotdale and the Scoffs of Duccleuch. 1 2 1 ' Of Liddisdail the common thiefis, Sa peartlie stellis* now and reifis,f That nane may keip Horse, nolt, nor scheip, Nor yett dar sleip For their mischiefis. ' They plainly throw the country rydis, I trou the mekil devil thame gydis (juhair thay onset Ay in thair gait t Thair is na yet || Nor dor thame bydis.g ' Thay leif richt nocht, quhair ever thay ga ; There canna thing be hid thame fra ; For gif men wald Thair housis hald, Than wax they bald, To burne and slay. ' Thay theifis have ne'erhand herrit hail Ettrick Forrest and Lawderdail Now are they gane, To Lawthiane, And spairis nane, That they will waill. *[ Bot commun taking of blak mail They that had flesche and breid and aill Now are sae wrakit Made bair and nakeit Fane to be slakit With watter caill ' Thay thiefis that steillis and tursis hame ** Ilk ane o' thame has ane to-name ft Will O' the Lawis Hab O' the Schawis To mak bare wawis +t They think nae schame. * Steals. + Robs. i Way. || Gate. § Hinders. If Choose. ** Pack up and carry off. ff Nickname. JJ Walls. R 1 2 2 Upper Teviotdale and the Scotts of Buccleuch. ' Thay spuilye * puir men o' their pakis, Thay leif them nocht on bed nor bakis Baith hen and cok, With reil \ and rok \ The Lairdis Jok All with him takis. ' Thay lief not spindell, spoone, nor speit ; Bed, bolster, blanket, sark nor scheit, John of the Parke Ryps || kist and ark For al sic wark He is richt meit.' ' Quhat causis thiefis us ourgang, But want of justice us amang ? Nane takis care, Thocht all for fear ; Na man will spair Now to do wrang. ' Of stouth thocht now thay come gude speid, That nother of men nor God has dreid, Yet, or I dee, Sum sail them see Hing on a tree Quhill they be deid — Quo' Sir R. M. of Lethington, Knicht.' These verses give a graphic and faithful description of the daring free- booters who rode openly through the country, helping themselves to whatever they chose in open defiance of law. Horses, oxen, and sheep were the chief object of their forays, but nothing came amiss to them ; — 'Spindell, spoone, nor spiet ; Bed, bolster, blanket, sark, nor scheit,' and in short everything in and out of the house was carried off. The house burned down, and if the owner attempted to resist the spoilers, he ran a great risk of being murdered. Bishop Lesley took much too favourable a view of the char- acter of the Borderers when he said, they were averse to the shedding of blood. * Spoil. f Reel. X Distaff. II Searches. Upper Teviotdale and the Scotts of Buc clench. 123 Plunder was their main object, and when that could be secured without violence, so much the better ; it saved trouble, but the slightest opposition proved how little they regarded human life. The criminal records of the sixteenth century contain many instances of violence and bloodshed committed during these marauding expeditions, when women and children were often the victims. So rapacious were these thieves, that even those who were willing to propitiate them by the payment of black mail, were likely to be brought to poverty by their exactions. How to deal with the thieves was becoming a serious problem to the government, for the public morale was becoming so debased, that men of good family were not ashamed to join the forays of these banditti. Among others the Lairds of Tushilaw and Henderland distinguished themselves by daring robberies. The former, Adam Scott of Tushilaw, was called the King of Thieves, and exacted black mail from many of the poor tenants in his neighbourhood. Another noted freebooter, named Barnhill, had a tower on the Teviot, near Minto. A projecting platform in front of Minto Crags is called Barnhill's bed — ' On Minto Crag the moonbeams glint, Where Karnhill hewed his bed of flint.' This platform, which commanded an extensive and beautiful prospect, was used by the outlaw, both for purposes of reconnaissance and concealment. As nothing is so contagious as a bad example, even the prominent Border Barons could not restrain their followers from committing depredations for which they were held responsible. Archibald, Earl of Angus, had formerly been Lord of Liddesdale, and keeper of Hermitage castle, and the Scotts of Buccleuch had been his deputies. But in the reign of James IV. the Lordship of Liddesdale, with all the dignities and pertinents belonging to the office, was conferred upon the Earl of Bothwell. This was in consequence of a secret and treasonable agreement which the Earl of Angus had entered into with Henry VII. In the event of a war breaking out, the Earl and his son bound themselves, under certain conditions, to deliver to the King of England the castle of Hermitage and all the lands belonging to it. Henry, on his part, undertook to indemnify the Earl with lands and goods of at least equal value in England.* Some knowledge of this transaction having reached King James IV, he compelled Angus to give up his Border possessions, for * Cottonian MSS., Caligula D. II. f. 14. I2 4 Upper Teviotdale and the Scotts of Bticclench. Upper Teviotdale mid the Scot Is of Duccleuch. 1 2 5 it was of the utmost importance that Hermitage castle should be held by one on whose fidelity he could depend. But Angus's treason was not punished by forfeiture of his lands ; he was only made to exchange Hermitage for Bothwell castle. In December 1491, Angus resigned the Lordship of Liddesdale and Hermitage into the hands of his Sovereign, and on the 6th of March following, Patrick, Earl of Bothwell, Lord Hailes, Great Admiral of Scotland, received a grant of the lands and castle. On the 4th of July of the same year, the Earl of Angus received from the King a grant of the barony and castles of Bothwell which had been resigned by the Earl of Bothwell. Thus Angus ' left the dusky vale Of Hermitage in Liddesdale, Its dungeons and its towers, Where Bothwell's turrets brave the air, And Bothwell's bank is blooming fair, To fix his princely bowers.' This new Lord of Liddesdale died in 1508, and was succeeded by his son, who was killed at the battle of Flodden. He left a son named Patrick, who was a child at the time of his father's death, and the management of the estates was entrusted to his uncle, the Master of Hailes, on whom also devolved the duty of keeping order in Liddesdale. He appears, however, to have left the Borderers very much to their own devices, probably because he found them little disposed to submit to his authority. Their fidelity and allegiance could not be so easily transferred as lands and titles, and when the Earl of Angus placed himself in opposition to the government, he had no difficulty in attaching the Border clans to his cause. They had not forgotten the ancient feudal ties which had bound them to the house of Douglas ; and Angus, on the other hand, was willing to secure their allegiance by shutting his eyes to their lawless practices. While there was no power strong enough to hold the freebooters in check, the Lowland districts were exposed to robbery, murder, and every species of outrage.* In 1518 the Lords of the Council brought some pressure to bear on the Master of Hailes, to force him to exert himself for the purpose of keeping good rule within his jurisdiction. He was either to give up Hermitage castle to the Lords of the Council, who would place such persons therein as would keep good order, or else find responsible landed men who were willing to pledge themselves * Balfour's 'Annals,' vol. i. p. 234. 126 Upper Teviotdale and the Scot is of Buccleuch. for the peaceable behaviour of the clans to which they belonged. The Master of Hailes accordingly went into Liddesdale, and succeeded in getting a number of pledges from the Elliots, and others. The Armstrongs, were agreed with England, and would not give pledges, and continued their lawless practices without let or hindrance. To check such disorders, proclamation was made at the market crosses of Jedburgh and Selkirk, forbidding the inhabitants to furnish the thieves and traitours of Liddesdale, Eusdale, etc., with food or assistance under the pain of death, or forfeiture of lands and goods.* The Kers of Cessford and Fernihirst, who were rulers of the Middle March, appeared before the Lords of the Council, and recommended that the Master of Hailes should be directed to remain in Liddesdale. They promised to accompany him, and give him every assistance in maintaining order, and their efforts appear to have been successful for a short period. In 1523 it was found that the thieves of Liddesdale had spread themselves over Teviotdale, and that the inhabitants of the district, either from fear or favour, did not oppose them. The Warden was repeatedly urged to expel them, but this he found impossible to do without the help of the ' heid men ' of the district. There- fore an order of Council was issued, commanding the Lairds of Cessford, Buccleuch, Fernihirst, Mark Ker, and other Border lairds, ' to rise and pass within eight days apoune the theirfis of Liddisdale, Ewisdale, and utheris, thciffis and traitours remanande in Teviotdale, and put them, thair wifis and barnis, furth of the samin, byrne thair housis and feuale, tak thair gudis, and destroy their cornis, so that thai sail have na refuge in Tevitdale, and tharefter halde thame out of the samin.' \ The Lairds of Cessford and Buccleuch were then at feud, but they were commanded by the Council to lay aside their private quarrels, and each give assurance to the other for their kin, friends, and ' part takaris,' that they would each assist the other in expelling the thieves and traiters. Cessford, who was then in ward, signified his willingness, if he were released, to co-operate with any Lord the Council might appoint, to expel the Liddesdale people from the country, and that he would be ready ' with all his folkis to pass tharto, and put them furth, and hald them furth of the cuntre at his power, sa that the laif of the heidis men do sic like.' \ * Act. Dom. Con. MS., xxxii. f. 124. t //'. vol. xxxiv. f. 201. % lb. vol. xxxiv. ff. 201-b. Upper Teviotdale and the Scotts of Buccleuch. 127 The Lords directed that on Cessford's brother entering himself in his place, he should be released from Edinburgh castle, that he might do the King service. Though these and similar edicts were, from time to time, issued by the Council, and were obeyed with more or less zeal, yet any good result which followed was partial and transitory ; for there was another influence at work which tended to increase the general lawlessness, and added greatly to the distress on the Borders. In 1523 there was every indication that a war with England was imminent. Henry VIII. was insidiously extending his influence in Scotland, with the object of obtaining control of the affairs of the kingdom. The Regent Albany, and the French faction, were strenuously opposed to English interference, but Queen Margaret, to serve her own purposes, secretly played into the hands of her brother. The young King, James V., was carefully guarded in Stirling castle by the partisans of the Regent, who was in France, but was expected to return in a short time, and bring with him a sufficient force of French auxiliaries to repel an English invasion, or, if need be, to carry the war into the enemy's country. On the 24th of August 1523, the Queen wrote to the Earl of Surrey, who had been appointed chief Warden of the English Border, desiring the assistance of the King, her brother, against the Regent, and to induce his party to set their youthful Sovereign at liberty, for he was completely removed from her influence.* Surrey replied to her at great length, saying that the Regent had oppressed the Scots, had misappropriated the revenues, had bestowed all lucrative public offices on his French followers, passing over the Scots, and now, he said — 'it is sore to be doubted that he would attempt something against the person of the young King your son.' t This letter was intended by Surrey to be shown to the Lords of the Scottish Council, and after adducing every argument he could think of to prove that the Duke of Albany was not to be trusted, he urged the Lords to abandon the Duke and take upon themselves the government of the kingdom. If they would agree to do this, he promised that all hostility on the part of England should cease ; if they refused, he significantly added — ' I pray God that the vengeance for the hurts that the poor people shall sustain may light upon them that shall be the occasions of the same.' Surrey was at Newcastle when he wrote to Queen Margaret. He had * State Papers, voU iv. Part 4th, p. 3. \ &&■ P- 7- 1-28 Upper Teviotdale and the Scotts of Buccleuch. arranged to invade Scotland, and to burn Jedburgh, and spoil the adjacent country ; and in a letter to Wolsey he gives full particulars regarding his pro- posed expedition. 'As touching the journey to Jedworth,' he says — ' I have as yet delayed the same for diverse causes, whereof the principal is that the powder, shot, and carts as yet is not come ; without which the said journey cannot be accomplished, as I wrote to your Grace in my former letters. Also I, being in no surity of the munitions coming by sea, dare not assemble the people that should go with me to the same journey, nor also make provision of victuals for the same unto the arrival of the said munitions, and now the moon being waned four clays before the assembly might be made, though the premyssis were arrived the moon light should little serve us, without help whereof I dare not adventure to invade, and to lie in Scotland two or three nights as I intend to do. Wherefore all the premyssis considered, there is no remedy but to defere the said journey for twenty days. The deferring whereof, if the said Duke come not, shall be much more hurtful to the Scots, than if it were accomplished now, their wheat, rye, and barley by that tyme being for the most part inned, and ready with little pain to be burned, which now shall take nothing so much hurt. Also the Council of Scotland being appointed to meet at Edinburgh on Monday next, might fortune to take such ways that no such invasion shall need, whereby much money might be spared. And if they at that time fall not from the Duke's faction it may stand with the King's pleasure, and your Grace's, that I may send for the two thousand Yorkshire men. I trust the moon being dark, to do such displeasures in the Merse that the King's High- ness and your Grace shall be content with the same, and then when the moon shall serve, to send for the power of the Bishopric, and my Lord Dacres with three thousand men, and with them to perform the journey to Jedburgh, and by this means peradventure to accomplish, as much as the great army appointed to have entered at Mychelmas should have done, and no little money to be spared by that means ; and the Kinges Grace shall not be charged with this 2000 men passing 10 days more then he should be if they served only for the journey to Jedburgh, and nothing in the Merse. Wherein I humbly beseche your Grace I may- know the Kingis pleasure and yours with all possible diligence ; for it requireth great expedition.'* It would have suited Surrey's purpose better to have crossed the Border and attacked Jedburgh without delay, for if the Regent and the troops from France should arrive in the meantime, it would render his expedition more hazardous, and his success less certain ; but since he was compelled to postpone the invasion for a few weeks, he employed the interval in endeavouring by promises and threats to induce the Scots to abandon the Regent and seek an alliance with England, and he readily availed himself of the opportunity afforded by the Queen's correspondence with him of addressing the Lords of the Council through her. In a second letter to the Queen he says, that the King his master ' would never cease to make war on Scotland unto the time that the Duke of Albany shall be clearly abjected and abandoned by them, and that they (the Lords) would take upon themselves to govern and rule the realm, and sue to his * State Tapers, vol iv. Part 4th, p. II. Upper Teviotdale and the Scotts of Buccleuch. 1 29 highness, for peace as before, which being by them done, I have not only ample and full authority to treat upon the same, but also to give them assistance of men and money, as largely as of reason they can demand.'* By holding the threat of immediate invasion before them, Surrey hoped to induce the Lords of the Council to come to terms with him. Queen Margaret wrote to him saying — ' As to your coming into Scotland, the Lords is advertized of it, but me think they set nought by it for they say ye dare not come nearer them than their border ; and that they set not by, for they will do as mickel ill hearafter. Therefore my Lord, if ye think at this time to cause the Lords to leave the Governor, and the part of France, you must come nearer Edinburgh or else to the same, for I ensure you if ye will do it, that the Lords will do what ye will desire both for the taking of the King furth, and for peace- And if ye do not, no nearer than the Merse or Teviotdale, all the great expenses and costs will be for nought ; for the Lords set not by the hurt of the poor folks but laughs at the same, and this is of truth. Wherefore, my Lord, either come to Edinburgh or near about it, and I shall take upon me that the Lords shall send to you and make offer themself, and put forth the King, for I ensure you that iooo men with artillery may do with Edinburgh, and the Lords in the same, as they will, without any impediment, and they come suddenly, as now ye may.' 'Therefore now it is in your hand, do as ye will, and either go at it shortly, or let it be, for an ye first destroy the poor commons, ye will tire all their hearts, and the Lords will not set by you ; but first put the Lords in fear of this town, but I would ye did no evil in it.' Surrey could not take the advice so urgently pressed upon him by the Queen. He was unable to procure baggage-horses in sufficient numbers to carry provisions for the army ; and if he had not caused each soldier to carry a wallet filled with food, it would not have been possible for him to accomplish any part of his enterprise. He proposed, if provisions held out, to march to Melrose Abbey, and set his face as if he would go to Edinburgh, resolving however, to go no further. Meanwhile the inhabitants of the Merse and Teviotdale had been busily engaged gathering in the harvest, unconscious of the ruin and misery hanging over their heads. The Lords of the Council were indifferent to their fate, and Surrey made his preparations for their destruction with much skill, and with an utter absence either of enmity or compassion, only anxious to save expense if his purpose could be accomplished in any other way. The Scots, however, in hourly expectation of the arrival of the Regent and the French troops, were not inclined to treat with Surrey ; and he seeing there was nothing to be gained by further delay invaded the east Border with a force of 10,000 men, and after committing much havoc in the Merse, advanced towards Jedburgh. It * State Papers, vol. iv. Part 4th, p. 23. f lb. vol. iv. P. 4, p. 26, 29. 1 30 Upper Teviotdale and the Scotts of Buccleuch. was described by Surrey as a well built town, containing twice as many houses as Berwick, and with six good towers. The town was taken after some resistance, and its walls towers ' and fair houses ' ' cleanly destroyed, burned, and thrown down.' The ancient and beautiful Abbey was taken at nightfall, after an assault which lasted two hours, and was cruelly defaced and destroyed. Next day Lord Dacre, with a force of 800 men and several pieces of ordnance, proceeded up the Jed to the castle of Fernihirst, which stood on a steep well-wooded bank over- looking the river, and which was taken with considerable difficulty and some hard fighting. In the evening a serious mishap befel the English. Their horses broke loose, scampered wildly past the camp, and caused great alarm. Thinking it was an attack by the Scots, the English shot about a hundred sheaf of arrows at them, and killed many. Several fell down the precipitous banks of the river and were killed, and others in their fright rushed among the flames of the burning town and were severely scorched, many more being caught and secured by the country people. Above eight hundred horses were lost in this way, but the night's adventures did not conclude with the stampede of the horses. Surrey, in a letter to Wolsey, says — ' I dare not write the wonders that my Lord Dacre, with all his company do say they saw that night, six times of spirits and fearful sights, and all their company say plainly, the divil was that night among them six times,' * whatever might be the nature of the ' fearful sights ' which Dacre and his followers attributed to the powers of darkness, it is more than probable they could be explained by some of the inhabitants of the neighbourhood in a perfectly natural manner. The loss of the horses had evidently caused Surrey to abandon the latter part of his programme, for he concludes his letter — 'Which misfortune hath blemyshed the best journey that was made in Scotland these many years. I assure your Grace I found the Scots at this time the boldest men and the hotest that ever I saw in any nation, and all the journey, upon all parts of the army kept us with so continual skirmish that I never saw the like.' Albany and the French troops arrived at Arran on the 24th September, the day that Jedburgh was burned, and the English Wardens were soon actively employed preparing for the expected invasion. The Regent assembled a large * Cott. MSS., Calig. B. ii. fol. 29. This letter, which is quoted in the Border Minstrelsy as addressed Henry VIII., was really addressed to my Lord Leggat, i.e. Wolsey. Upper Teviotdale and the Scolts of Buccleuch. 1 3 1 army, and marched towards the Border in the end of October, but when about to cross the Tweed at Melrose, a great many of the Scots deserted his standard and refused to enter England. He was thus obliged to change his plans, and encamped on the north bank of the river, which he crossed lower down, and laid siege to Wark castle in the beginning of November. The French stormed the castle and took the outer court, and endeavoured to storm the tower, but hearing that a large English army was approaching, Albany retreated across the Tweed without having taken the castle. The Scots army encamped at Eccles, about six miles from Wark, and next day Albany continued his retreat in the midst of a severe snowstorm. The Regent was severely blamed for his flight, which was attributed to cowardice. His excuse, that no dependence could be placed on the Scots was a perfectly valid one, for they had defied his authority, and disobeyed his orders at the very commencement of the campaign, and under these circumstances he was not in a position to encounter a large and powerful army. The Borderers, however, appear to have been anxious to give battle to the English. A passage which occurs in a letter from Surrey to Wolsey, would indicate as much : ' This day before sun rising came one of my spys unto me, who confirmed the shamefull departure of the Duke from the Abbey of Eccles at midnight upon Tuesday, and saith, upon pain of his head to be striken off, he was present, when the gentlemen of Merse and Teviotdale said to him when he was going to horse- back, these words ensuing " My Lord Governor, ye have remained on our borders a long season, so that all that the Earl of Surrey hath left undistroyed, ye and your company have clearly wasted and destroyed the same, and by the said Earl our Border is for ever undone ; and ye promised us to give him battle, whereby we might recover us, and never by other means. Wherefore we beseach you to abide and give him battle as ye have promised." Whereunto the said Duke answered angerly : " I will give him no battle, for I have no convenient company so to do," and with that went towards his horse, with which words the said gentilmen being evil contented, said with one voice, "By God's blood we will never serve you more, nor never will wear your badge again," and tore them of their breasts in great anger, and threw them on the ground saying, " Would to God we were all sworn English," and so departed from the Duke in great anger.'* The French troops were shortly afterwards withdrawn, and in the spring Albany departed to France, resolving never more to set foot in Scotland. After his departure, the Queen having succeeded in getting possession of the King her son, brought him to Edinburgh, where, though only thirteen years old, he was declared of age, and invested with the supreme power, but the government was really in the hands of the Queen, the Earl of Arran, and a council overruled by * State Papers, vol. iv., Part. 4, p. 52. 1 3 2 Upper Teviotdale and the Scotts of Buccleuch. England. Surrey, with a large army, was stationed on the Borders, ready to invade Scotland if any opposition were offered. The Queen was very unpopular on the Borders, and her authority had little weight, and the Wardens found it impossible to maintain order. They were called before the Queen and Council, but failed to give satisfactory assurances that good rule should be kept. Writing to Norfolk the Queen says, ' There is great despite between the Laird of Cessford and the Laird of Buccleuch, and slaughter, therefore, I thought best to put them both in ward while they may find a way how the Borders may be ruled, seeing it is in their hands to do.' * Buccleuch soon afterwards made his escape and returned to the Borders. Though Arran had intimated his intention of making an expedition into Liddes- dale against the thieves, Norfolk thought he would hardly dare to do so since Buccleuch had made his escape, \ and it would appear that his surmise was correct, for though Arran had actually set out on his expedition to the Borders, he ' returned to Edinburgh without having done anything of great effect.' % The Queen accused Buccleuch of taking part with the thieves, and of having appropriated certain of her jointure lands in Ettrick Forest. Accusations which were not without foundation. Indeed Buccleuch's enmity and opposition to the Queen Dowager was manifested on every possible occasion, and he actually refused to give up the keys of Newark castle when she came thither attended by sixty horsemen and twenty-four foot runners, to hold a court upon her jointure lands. || A few months after the final departure of the Duke of Albany, Angus, the husband of Queen Margaret, who had been in exile for two years, returned to Scotland, and sought a reconciliation with the Queen ; but she had found a new object on whom she bestowed her errant affections, her former love for Angus had turned to bitter hatred, and she met all his proposals with determined opposition. Angus readily received the support of the Borderers, notwithstand- ing that it was known that he was encouraged by the English King in his attempt to recover his power in Scotland. Angus having failed to induce the Queen to hold any communication with him, had recourse to a sensational demonstration to make known his purpose. A Parliament was sitting in Edinburgh, when, early on a dark November morning, a body of armed men effected an entrance into the city, some of them scaled the * State Papers, vol. iv. p. 129. t H>. p. 183. J lb. p. 185. || lb. p. 133. Upper Teviotdale and the Scotts of Duccleuch. 133 walls, and overpowering the warders, opened the gates to the main body. They marched up the street to the Mercat Cross, to the alarm of the citizens, who, however, were somewhat reassured when a proclamation was made that they came as faithful subjects of the King on a peaceful errand ; but recognising some of the Border freebooters among those who had invaded their city, they were naturally apprehensive as to the safety of their goods. The party, which consisted of four hundred men, was led by Angus, included the Earl of Lennox, Scott of Buccleuch and other chiefs, who strictly forbade their followers to commit the slightest outrage.* They declared before the Council that the King was in the hands of evil-disposed persons, and prayed them to assume the custody of the Sovereign, and exercise the chief rule in the government. Mean- while the castle, which was in the hands of the Queen's party, opened fire upon the city for the purpose of expelling Angus. The immediate result of all this was a coalition between Chancellor Beaton and the Douglases, and the defeat of the Queen and her faction. Shortly after Angus's return to Scotland, a truce was concluded with England, and in order to preserve peace, as well as for the security of the inhabitants of the adjoining districts, it was desirable to take energetic measures to subdue the lawless Borderers. Angus was appointed Warden of the east and middle Marches of Scotland, and Lord Maxwell of the west. Though Angus had formerly been supposed to favour the unruly clans, he seemed really anxious to curb their excesses and punish their crimes ; but this was not to be accomplished without great difficulty, for entrenched in the fastnesses of their bogs and hills, the Liddes- dale reivers had prospered in the national distress, and were rich with the fruits of successful plunder. Magnus wrote to Wolsey that he had ' advertized ' the Earl of Angus of the grete robbingges and depredations made upon the Bordours by the subjects of booth sides using to ride in grete noumbres with banners displayed, spoiling and taking all that they may have or gete, and how, whenne they be pursued in Englande, furthwith they flee and be received in Scotlande, and howe that sembably the Scottis robbing in Scotlande doe flee for their refuge into Englande.' f Angus determined to march into Liddesdale, and attack the thieves in their strongholds. Keeping his purpose secret, he suddenly came upon them, and captured twelve, two of whom were notorious thieves * State Papers, vol. iv. p. 256. f lb. p. 370. 1 34 Upper Teviotdale and the Scotts of Buccleuch. familiarly known as ' Sym the Lord,' and ' Davy the Lady.' After burning many houses, Angus carried off 600 nolt, 3000 sheep, 500 goats, and many horses.* This punishment produced no good effect. The Warden's raid, though backed by law and authority, bore such a resemblance to the freebooter's marauding expeditions, that it inspired them with no other feelings than those of retaliation and revenge, and they took the earliest opportunity of indemnifying themselves for their losses by levying contributions on the byres and sheepfolds of the Douglases. The power of the Church was next brought to bear on the lawless Borderers, and a monition of cursing was fulminated against them by the Archbishop of Glasgow, which was read in all the churches of the diocese, and circulated all along the Borders. The curse, though very long, is so curious and so characteristic of the Pre- reformation times, that it cannot fail to be interesting to modern readers. ' Gude folks hear at my Lord Archbishop of Glasgow's letters under his round seal, direct to me or other chaplain, making mention with great regret, how heavy he bears the peteous, lamentable, and dolorous complaint, that pass over all the realme, and comes to his ears, by open voice and fame, how our Sovereign Lords true leiges, men, wives, and bairns, bought and redeemed by the precious blood of our Saviour Jesus Christ, and living in His laws are saikleslie part murdered, part slain, burnt, harried, and spoiled, and reft, openly, on day-light, and under silence of the night, and their lands laid waste, and their- self banished therefra, as well kirk lands as others, by common traitors, reivers, thieves, dwelling in the south part of the realme, such as Teviotdale, Esdale, Liddesdale, Ewisdale, Nedisdale, and Annerdale, whilk has been diverse ways pursued and punished by the temporal sword and our Sovereign Lord's authority, and dreads not the same. And therefore my said Lord Archbishop of Glasgow has thought expedient to strike them with the terrible sward of Halykirk, whilk ye may not long endure and resist, and has charged me and any other chaplain to denounce, declair and proclaim them openly and generally cursed at this Market Cross, and all other public places. Herefer, through the authority of Almighty God the Fader of Heaven, His Son our Saviour Jesus Christ, and of the Halygaist ; through the authority of the Blessed Virgin St Mary, St Michael, St Gabriell, and all the angels ; St John the Babtist, and all the holy patriarchs and prophets ; St Peter, St Paul, St Andrew, and all holy apostles ; St Stephen, St Laurence, and all holy martyrs ; St Gile, St Martin and all holy confessors ; St Anne, St Catherine, and all holy virgins and patrons ; and of all the saints and holy company of Heaven ; by the authority, of our Holy Father the Pope, and his Cardinals, and of my said Lord Archbishop of Glasgow, by the advice and assistance of my Lords, Archbishop, Bishops, Abbots, Priors, and other Prelates and Ministers of Halykirk, I denounce, proclaim, and declair, all and sundry the committers of the said saikles, murders, slaughters, burning, heirships, reiffes, thefts, and spulzies, openly upon day light and under silence of the night as well within temporal lands as kirklands, together with thair part takers, assisters, supplyers, wittandlie resetteris of their persons, the goods reft and stolen by them, art or part thereof, and their counselars and defenders * State Papers, Henry VIII., vol. iv. p. 379. Upper Teviotdale and the Scot is of Bucdeuch. 135 of their evil deeds ; generally cursed waryit, aggregeite, and reaggregeite with great cursing. I curse their head, and all the hairs of their head ; I curse their face, their een, their mouth, their nose, their tongue, their teeth, their craig,* their shoulders, their breast, their heart, their stomach, their back, their wame, their arms, their legs, their hands, their feet, and every part of their body, from the top of their head to the sole of their feet, before and behind, within and without. I curse them gangand,f I curse them riding ; I curse them sitting, and I curse them standing ; I curse them eating, and I curse them drinking ; I curse them waking, and I curse them sleeping ; I curse them rising, and I curse them lying ; I curse them at hame, and I curse them fra hame ; I curse them within the house, and I curse them without the house ; I curse their wives, their bairns, and their servands participant with them in their deeds. I wary \ their corns, their cattle, their wool, their sheep, their horse, their swine, their geese, their hens, and all their quick gudes.H I wary their halls, their chambers, their kitchens, their stables, their barns, their byres, their barnyards, their kaleyards, their ploughs, their harrows, and the gudes and houses that is necessary for their sustentation and welfare. All the malisons and waresouns that ever gat worldly creature since the begin- ning of the world to this hour might light upon them. The malediction of God which lighted upon Lucifer and all his fellows, that struck them from the high Heaven to the deep Hell, might light upon them. The fire and sword that stopped Adam fra the yetts of Paradise, § might stop them from the glory of Heaven while they forbear and make amends. The malison that lighted on cursed Cain, when he slew his brother just Abel saiklesly, might light on them for the saikles slaughter that they commit daily. The malediction that lighted upon all the world, man and beast, and all that ever took life, when all was drowned by the flood of Noah, except Noah and his ark, might light upon them and drown them man and beast, and make this realme cumberless of them, for their wicked sins. The thunder and fireflaughts IT that set down as rain upon the cities of Sodom and Gomorah, with all the lands about, and burnt them for their vile sins, might rain upon them and burn them for their open sins. The malison and confusion, which lighted on the giants for their oppression and pride, biggand ** the Tower of Babylon might confound them and all their works, for their open reiffs and oppression. All the plagues that fell upon Pharoah and all his people of Egypt, their lands, corn, and cattle, might fall upon them, their takkis, rowmys, and steadings, corns and beasts. The Water of Tweed and other waters, where they ride, might drown them as the Red Sea drowned King Pharoah and the people of Egypt, pursuing God's people of Israel. The earth might open riffe, and cliffe and swallow them quick to Hell, as it swallowed cursit Dathan and Abiron, that ganestude Moses and the command of God. The wild fire that burned Thore and his fallowis to the number of 250, and other 14,000 and 700 at once, usurband against Moses and Araon servants of God, mot suddenly burn and consume them daily ganestandand the commands of God and Halykirk. The malediction that lichted suddenly upon fair Absolom riding contrair to his father King David servand of God through the wood, when the branches of a tree fred him of his horse and hanged him by the hair, might light upon them, riding against true Scots men and hang them sicklike that all the world may see. The malediction that lighted upon Holifernus, lieutenant to Nebuchadnezzar, making war and heirschippis upon true christian men. The maledictions that lighted upon Judas, Pilate, Herod and the Jews that crucified our Lord, and all the plagues and troubles that lighted on the city of Jerusalem theirfore, and upon Symon Magis fer his Symony, bloody Nero, cursit Ditius, Makcensius, Olibrius, Julianus Apostita, and the laive of the cruel tyrants that slew and murdered Christs Holy servands, might light upon them for their cruel tyrany and murderdom of christian people. And all the vengence that ever was taken since the * Neck. t Walking. J Execrate. || Live stock. § Gates. IT Lightning. ** Building. 1 36 Upper Teviotdale and the Scotts of Buccleuch. world began for open sins, and all the plagues and pestilence that ever fell on man and beast might fall on them fer their open reiff, saiklese slaughter and shedding of innocent blood. I dissever and part them from the kirk of God, and delivers them quick * to the Devele of Hell, as the apostle St Paul delivered Corinthian. I interdite the places they come in, from Divine Service, ministration of the sacraments of Halykirk, except the Sacrament of baptizing allenerly,t and forbids all kirk men to shrive or absolve them of their sins, till they be first absolved of this cursing. I forbid all christian men and women to have any company with them, eating, drinking, speaking, praying, lying, ganging, standing, or any other deed doing under the pain of deedly sin. I discharge all bands, acts, contracts, oaths and obligations, made to them by any person, either of law, kindness or manrent so long as they sustain this cursing, so that no man be bound to them, and they be bound to all men. I take from them and cry down, all the good deeds that ever they did or shall do, till they rise from this cursing. I declare them parties of all matins, masses, evensongs, dirigies or other prayers, on book or bead of all pilgrimages or almous deeds done, or to be done in Halykirk, or by christian people enduring this cursing, and finally I condemn them perpetually to the deep pit of Hell, to remain with Lucifer and all his fallowes and their bodies to the gallows of the Burough Muir, first to be hanged and then to be riven and ruggit with dogs, swine, and other wild beasts, abominable to all the world. And as their candillis gangs fra our sight, so may their souls gang from the visage of God, and thair gude fame from the world, till they forbair their open sins aforesaid, and rise from this terrible cursing, and make satisfaction and penance.' J This fearful curse, so comprehensive yet so minute, and so horrible in its de tails, might well strike terror to the hearts of those against whom it was directed ; but though superstitious on many points, the thieves had no particular veneration for the priesthood, and they looked upon my Lord Archbishop's terrible an- athemas as so much bad language, which, as ' hard words break no bones,' they regarded with profound indifference, and apparently cared as little for the terrors of excommunication as they did for the majesty of the law. They lived a free, jovial, careless life, among the moors and mosses of the Borders, their thieving propensities showing little sign of abatement notwithstanding all the efforts that were put forth against them. The Earl of Angus had higher aims than that of being Warden of the Marches. He coveted the supreme power in Scotland, and he succeeded, by a crafty stroke of policy in obtaining the guardianship of the King, who being fourteen years old, had attained the age when he could assume the Royal pre- rogative and authority. The King's authority was merely nominal, as all public affairs were absolutely under the control of Angus, who wielded his power in the most arbitrary and unscrupulous manner, and every office of trust in the kingdom was filled by a Douglas, or an adherent of that great House. The King was help- less in the hands of Angus, who made him do as he pleased, and sign whatever * Alive. f Only. X State Papers, vol. iv. p. 417. Upper Teviotdale and the Scotts of Buccleuch. 137 documents were put before him.* James, though but a boy, felt keenly the degra- dation of his position, and longed to emancipate himself from the thraldom in which he was kept. He had all a boy's ambition to be thought a man, and many little personal traits regarding him are preserved. Magnus, the English Ambas- sador to Scotland, in a letter to Wolsey, suggested that the heart of the boy King might be won by certain judicious presents being sent to him, particularly a good buckler — 'for of that he is most desirous, insomuch that when His Grace doth see my servants, he commendeth and praiseth much their swords and London bucklers ; and the buckler to be provided for his Grace may not be ordained as if it were for a child, for that His Grace loveth not, but to have everything like a man ; insomuch that the *A swords he daily useth are a yard afore the hilts, which His Grace will as roundly and as quickly draw forth and put up again as any man in his Court.' f In the middle of the summer of 1526, Angus brought the young King to Jedburgh to hold a justice court, and to quell some distur- bances on the Borders. King James had managed to communi- cate with Sir Walter Scott of Buccleuch, and entreated him to try to rescue him from the tyranny of Angus. The despotic rule of the Earl of Angus alienated many of his former adherents, and Buccleuch had every reason to believe that if once the King could be taken out of his hands, a numerous party would soon be ready to support his authority, and he was therefore very willing to attempt the rescue. Buchanan, who being a contemporary, had personal opportunities of knowing * Tytler's ' History of Scotland,' vol. v. p. 201. t State Papers, vol. iv. p. 368. / 138 Upper Teviotdale and the Scotts of Buccleuch. the truth mentions, it was arranged that Sir Walter Scott should invite the King to Branxholme, there to remain at his Royal pleasure, protected by the Scotts till greater forces came in ; but some hint of this plan having been discovered, it had to be abandoned, and at the suggestion of the King, Buccleuch prepared to intercept him on his way back to Edinburgh, and take him from Angus by force* Getting together an army of about 600 men, Sir Walter Scott marched to Melrose, where he came up with the Royal party. Lord Home, and the Lairds of Cessford and Fernihirst had accompanied the King thus far. They had just taken leave, and with their followers had set out on their way home, when Buccleuch and his company appeared over the crest of a hill, and boldly advanced to attack the King's party. Angus, in name of the King, ordered him to dismiss his followers, but Scott bluntly answered, that he knew the King's mind as well as he, or any Baron among them, and he would keep his ground. When Angus saw that he meant fighting, and suspecting his purpose, he turned to the King and said — ' Yon is Buccleuch, and the thieves of Annandale with him, to unbeset your Grace from the gait,*f I avow to God they shall either fight or flee, and ye shall tarry here on this knowe, and my brother with you, and any other company ye please, and I shall pass the thieves of the ground, or else die for it.' The King had no choice but to do as he was told, and remain on the ' knowe,' where he was well guarded, and watch with an anxiety he could not conceal, the struggle he fondly hoped would give him his liberty. The victory seemed to be at first with the Scotts, but Lord Home and the Kers returning, attacked the followers of Buccleuch with such fury that they were completely routed and fled. They were hotly pursued, when James Elliot, a follower of Buccleuch turned, and killed the Laird of Cessford with a stroke of his spear. Buccleuch lost eighty of his followers in this skirmish, much to the grief of the King, who, helpless and impotent, witnessed the defeat and slaughter of his friends, and was obliged to listen with the best grace he could, as Angus, with grim irony, congratulated him upon his victory. A similar attempt to procure the King's freedom was made by the Earl of Lennox a few months later, but was also unsuccessful. When the issue of this latter attempt appeared doubtful, Angus threatened to tear the King to pieces rather than surrender his person. James had to endure three more years of this galling submission to his tyrant, and was compelled to be the instrument of many acts of oppression against his best friends. * Buchanan's ' History of Scotland,' vol. ii. p. 405. t Way. Upper Teviotdale and the Scott s of Buccleuch. 1 39 A charge of treason was brought against Sir Walter Scott for having taken up arms against the King. Though he had acted on the King's behalf, and by his secret orders, James was powerless to protect him, and he found it necessary for his own safety to retire to France. A most disastrous result of the skirmish was the slaughter of the Laird of Cessford, which was the beginning of a long and bloody feud between the Scotts and the Kers. Elliot, whose spear had killed Cessford, was taken prisoner, tried for the crime of treasonably coming against the King at Melrose, and was con- victed and hanged.* When James at length succeeded in making his escape, and able to assert his authority, he did not forget his friends. Buccleuch was recalled from exile, and received from the King a full vindication from the charge of treason. James declared that in appearing at the head of his followers he only obeyed his in- struction, and he was therefore fully absolved from the charge against him by Parliament and by the Royal mandate. Sir Walter Scott, who was familiarly called ' Wicked Wat,' gained some renown by his attempt to rescue the King. Johnstone, a professor in the University of St Andrews, celebrated the exploit in Latin verse : — ' Valterius Scotus Bulcluchius,' ' Egregio, suscepto facinore libertate Regis, ac aliis rebus gestis clarus, Sub Jacobo V. Anno Cristi 1526.' Intentata aliis nullique audita priorum Audet, nee pavidum morsve raetusve quatit, Libertatem aliis soliti transcribere Reges : Subreptam hanc Regi restituisse paras, Si vincis, quanta o succedunt prsemia dextrae, Sin victus, falsas spes jace pone anirnam, Hostica vis nocuit : stant altae robora mentis, Atque decus. Vincet Rege probante fides. Insita queis animis virtus quosque acrior ardor, Obsidet, obscuris nox premat an tenebris?' Translated thus in Fraser's ' Scotts of Buccleuch:' — Walter Scott of Buccleuch, distinguished for his famous enterprise to set the King at liberty, A.D. 1526. * 'Pitcairn's 'Criminal Trials,' vol i. p. 133. 140 Upper Teviotdale and the Scotts of Buccleuch. ' He dares do that which even his ancestors So bold and fearless, would have shunned. Unknown to him is fear, on death He looks with calm untroubled eye ; For when the King hath lost The freedom he was wont to give, Thou art, with ardour keen and ready hand, Prepared to give thy life, that he may be free.' James Douglas of Drumlanrig, who was feudal superior of Hawick, took part, along with his followers, in the attempt to rescue the King at Melrose, but he does not seem to have suffered any loss or inconvenience afterwards, as did the leader of the expedition, who was naturally regarded as the chief offender. While Angus held the chief power, the disturbances on the Borders increased to an alarming extent. In defiance of the treaty of peace which had been made with England, the Borderers rode boldly in open day, and made great havoc on their English neighbours. Their depredations were the subject of constant complaint by the English Wardens, and Angus felt himself bound to take some action in the matter. As on a former occasion, he made a sudden dash into Lid- desdale in the spring of 1527, and profiting by his knowledge of the country, he took the thieves by surprise, and captured and slew many of them. Twelve were .summarily hanged, and twelve kept as hostages, who were put to death a few months afterwards, on finding their clansmen did not forbear their nefarious practices.* The Warden's severity had a very slight influence in diminishing the amount of crime ; and the English Warden complained that the Armstrongs and others had entirely destroyed the head of Northumberland and the water of Tyne, and recommended that a body of horse should be constantly maintained on the Borders, or else the whole district would soon be laid waste, t In 1528 Lord Dacre, writing to Wolsey, gives an account of a foray, in which several of his servants were killed : — ' Since my last letters sent unto your Grace, certain Scottis men, as Elwalds, Nyksons, Crosiers, with their adherents, Liddesdale men to the number of thirty personnes, upon Thursday at night last, came into this realm by Bewcastel and Thirlwall, in Northumberland, 3 miles above my house, and there took John Bell, a tenant of mine, and certain of his cattell, and so the affray roose. And I caused my servants to go * Buchanan's ' History of Scotland,' vol. ii. p. 410. f State Papers, Henry VIII., vol. iv. p. 482. Upper Teviotdale and the Scotts of Buccleuch. 141 forth with the country, and when as my said servants com to Bewcastell the said Scotts men was past by Bewcastell homewards. And so a myle a this side of Kirssop, not passing two-and-a-half miles from Bewcastell, my said household servants gat as far furth as the Scottesmen, and as they should have sett upon them, trusting to them that they had been no more, notwithstanding they had abushement lieing at the same place of their kin and friends of the Elwalds, Nyksons, Armistrangis, and Crosiers, to the number of 300 personnes, as well on horse as foote. And unbekest about my said servants, and such of the country as was with them, and there tooke 40 persons, whereof 30 of them was of my household servants, and after they were taken, and their swords and weapons given from them, and holdin, they cruelly and shamefully murdered and slew eleven of my said servants, and the residue took, like as your Grace may perceive by a cedull herein enclosed, who was slain and who was taken.' * Magnus and his colleagues were directed to obtain redress for the murders committed upon Lord Dacre's servants, and demand release of the prisoners taken by the Armstrongs, but they could get little satisfaction. Magnus writing to Wolsey, however, stated that ' oonless it were for the great and heinous attempt done and committed by the Scottes to the Lord Dacre's servants, and also one or two high roberies done of late by the said Scottes in open forray, made in Northumber- land, where there were reved and taken away above 24 score hede of cattel and a grete number of prisoners, taken and conveyed into Scotland, there is as farre as we can conceive as great or greater redresse to be made by the partie of Englande as by the partie of Scotlande sethenne the time and season this present truce was concluded. '+ In 1528 James V. succeeded in making his escape from the custody of his stern and arbitrary stepfather, and the party who had so long kept him in thraldom. When he obtained the supreme power, the overthrow of the Earl of Angus and the Douglas faction followed as a natural consequence, and sentences of forfeiture and banishment were pronounced against them ; but they defied the King's authority, and placed themselves in open rebellion, which entailed still further complications in Border affairs. Northumberland wrote to Wolsey, 'that the Borders were now in much un- stableness, not only by the troublous affairs of the Earl of Angus, but also by occasion that the commonality of the same Borders, be in doubt whether they shall have peace or war.' % Roger Lassels, steward to the Earl of Northumberland, wrote from Nor- ham : — ' As touching the order of the Borders, the thieffs of both sides never did steal so faust, for they reckon none other, but that it will be plain war, and flees * Cottonian MSS. Caliguli B. ii. f. 198, quoted from Armstrong's ' History of Liddesdale,' Appendix 22. f State Papers, Henry VIII., vol. iv. p. 524. % lb. p. 511. 142 Upper Teviotdale and the Scot Is of Buccleuch. away with their goods from the Borders on both sides; that if there be not a stay to it shortly, I fear me it shall be past making of redress, for the King's company doth rob and spoil all the tenants and friends of the Earl of Angus, and the Earl likewise and his friends doth rob and spoil all them that takes the King's part, where they may attain and come to, and by reason thereof the Borders of both sides taketh all they may get' * James forbore to take proceedings against the Borderers until the rebellion was suppressed. Had he done so, he would probably have driven many of them to join the standard of Angus, and he therefore affected to disbelieve the reports that were brought to him. The Earl of Northumberland, wrote to Wolsey : — ' I cannot perceive that any redress can be made upon the Borders, for the King of Scots doth maintain all the thieves and rebels of the same, and when I do write to him for redress, he giveth answer at all times to my servants, that he cannot believe they do any such offence.' t James was at length successful in subduing the rebels. Angus sought refuge in England, and his forfeited estates were divided amongst Argyle, Arran, Hamil- ton, Bothwell, Buccleuch, Maxwell, and others, whose loyalty and support had enabled the King to vindicate his authority. A treaty of peace for five years was arranged between the two countries, and ratified on the 14th of December 1528. After that he was at leisure to direct his attention to the pacification of the Borders. He attributed much of the disorder which prevailed to the Earl of Angus, 'who,' he said, 'being our chancellare wardane of the est and midil marches, and lieutenant of the samyne, procurit divers radis to be maid upon the brokin men of our realme ; he usit our authority not against yam, but against our barons and others our lieges yat wald not enter in bands of man- rent to him to be stark of power ; that we suld not be habil to reign as his prince, or haif domination aboun hym, or our lieges.' J James declared also that the thieves had been fortified and maintained by Angus, who granted remissions and pardons to offenders, for the purpose of binding them to his service. They had, he said, so little dread of him as their Sovereign, that it was not in his power to reform them, so long as Angus received the support of his uncle, and was maintained against him by the favour of England , and being now determined to have better order established, he bound the Earl of Bothwell, Lord of * State Papers, Henry VIII., vol. iv. p. 510. f lb. p. 514. t Caligula, B, ii. 244. Ubper Teviotdale and the Scotts of Buccleuch. 143 Liddesdale, under penalty of forfeiture of his lands, to subdue the country to justice and to make redress for outrages.* The Border Barons were once more commanded to expel the thieves from Teviotdale ; and Ker of Cessford became bound, under forfeiture of life, lands and goods, to keep good rule in Lower Teviotdale, from Minto Craig east through to England, and to answer for all that part of the country; and Sir Walter Scott of Buccleuch, under the same penalties, became answerable for Upper Teviotdale, from Minto Craig to Craikcross.'f It was necessary, however, to take firm and energetic action ; for in the spring of 1529, a short time after the treaty of peace was concluded, above a hundred of the Liddesdale thieves made an open foray, at mid-day, on Byrkshawes, and seized all the cattle in the vicinity. The inhabitants, with some servants of the Earl of Northumberland, having pursued the reivers, fell into an ambush, and eighteen were taken prisoners and four of them slain. * State Papers, Henry VIII., vol. iv. p. 556. t Act. Dom. Com. MSS., vol. xxxviii.b. 131, t. 132. 144 Upper Teviotdale and the Scotts of Buccleuch. Northumberland complained of this outrage to James V., and intimated that unless redress were made, the matter must be laid before King Henry, which might possibly result in a rupture of the peace. The Border lairds had never displayed any active hostility towards the thieves except in their own quarrels ; and numerous instances prove that the relations between them were of a friendly character. The party which Buccleuch mustered for the rescue of the King at Melrose, was principally composed of Elliots and Armstrongs. Drumlanrig's following, on the same occasion, was designated by Angus as ' the thieves of Annandale.' Angus himself had many a time profited by the valour of these same thieves, and notwithstanding his raids against them, was accused of favouring and protecting them.* Lord Maxwell and Buccleuch were spoken of as 'the chief maintainers of all the misguided men on the Borders.' f It will be understood, therefore, that as far as the Border lairds were concerned very little was done to restore order or enforce the laws ; and raid followed raid, and outrage upon outrage was committed almost unchecked. Lord Dacre, the English Warden, bitterly complained to Wolsey, that ' there was no appearance of good rule, redress or justice, to be had of Liddesdale.'* The Borders, and a great part of Northumberland, were laid completely waste by the Armstrongs, and the Scots plainly affirmed, in answer to the remonstrances of the English Wardens, that they could not be responsible for the thieves of Liddesdale, and could see no prospect of their reformation. It had actually been proposed that a clause should be annexed to the treaty of peace, that the English should have liberty to pursue the malefactors into Liddesdale, and seek redress at their own hand. || The need for some urgent measures of reform on the Borders was very earnestly impressed on King James by Magnus, who wrote to Wolsey : — ' Hearing that the Armstrongs of Liddesdale reported presumptuously that they would not be ordered neither by the King of Scots their Sovereign Lord, nor by the King of England, but after such manner as their fathers have used before them. I moved this to the said King of Scots, showing that without justice and due correction to be had within his own realme, he could not continue and reign like a king, and thereupon inferred how that the said Armstrongs avaunted themselves to be the destruction of two-and-fifty parish churches in Scotland, besides the unlawful and ungracious attempts by them committed within England.'§ * State Papers, Henry VIII., vol. iv. p. 414. f lb. p. 502. J lb. 508. II lb. p. 528. § lb. p. «|S. Upper Teviotdale and the Scotts of Buccleuch. 145 King James wrote to Henry VIII.: — 'As touching the rule of the Borders, we trust, God willing, to bring all to a good way.' ' Ye west Borders are at ane gude point of gude order, there is no great complaint of the Middle Marches, and as to Liddesdale the matter is in syk ane train that as we trust, neither you nor your officers shall be greatly troubled in time coming.'* It is thus evident that James had resolved on some extraordinary effort to vindicate his power on the Borders, and compel obedience to the laws. His letter to King Henry was written in February 1529, but until the spring was further advanced, and the days longer, it was impossible to carry out his resolu- tion. The few months were, no doubt, profitably employed in maturing his plans and making preparations for the invasion of Liddesdale. It does not appear that he took any one into his confidence regarding the course he intended to pursue, but he was determined that his rebellious subjects should have good cause to fear his vengeance if they defied his authority. The task was one of no ordinary difficulty; for the thieves had grown so powerful and daring, that they held the whole neighbouring country in subjection ; they acknowledged no authority save that of the chief of their clan, and were practically independent of the Sovereign. James was aware that he could not depend on the assistance of the ' Heid men ' of the Borders in his proposed expedition against their Liddesdale neigh- bours. They might have been glad to see their power curtailed and their crimes punished, but they would make no active demonstrations of hostility against them, and though obeying the Royal summons, they might have given some warning to the thieves, and thus frustrated the whole purpose of the expedi- tion. The King judging it safer, therefore, to remove them beyond the possi- bility of interference, caused Bothwell, Home, Maxwell, Johnstone, Buccleuch, Drumlanrig, Wamphray, and several others, to be apprehended and placed in ward ; some in Edinburgh castle, others in Falkland, and in various places at a distance from the Borders. The reason given for their apprehension was, ' that they were the chiefs of the broken men on the Borders, and had winked at their villanies, and given them way, whereas by their power and authority they might have restrained them.' -f- The King then collected an army of 8000 men, under leaders who could not be suspected of having any sympathy with the thieves, and proceeded by * State Papers, vol. iv. p. 550. t Balfour's 'Annals,' p. 260. U 146 Upper Teviotdale and the Scotts of Biucleuch. Tvveeddale and St Mary's Loch over the hills to the chapel of Carlenrig on the Teviot, ten miles above Hawick. It had, in all probability, been the King's purpose to penetrate into Liddesdale and attack the Armstrongs in their native fastnesses ; but at Carlenrig, Johnnie Armstrong of Gilnockie, attended by a large body of followers, presented himself before the King. There are several contemporary accounts of this incident, which, though differing in details, agree in all essential points. The laird of Gilnockie, the great robber chief, whose name had spread terror from the Tyne to the Solway, who had enriched himself by plunder, — who had insulted the King's authority, despised the laws, Upper Teviotdale and the Scotts of Btucleuch. 147 and endangered the peace of the kingdom, voluntarily approached his Sovereign in the hope that by submitting to the King he would receive a pardon for his offences. His appearance was not that of a humble suppliant for the King's grace. He came in all the magnificence of feudal display, attended by about forty followers, all richly dressed and well mounted. If Johnnie Arm- strong had hoped by the splendour of his retinue to impress the King in his favour, he was quickly undeceived. James appeared to be indignant that a thief and outlaw should so ostentatiously display his ill-acquired wealth in the very face of his Sovereign, and without deigning to listen to his promises of future service, he sternly ordered him to be instantly executed, along with the greater part of his followers, who were hanged on the trees growing near the chapel of Carlenrig. One of Armstrong's followers, named Sandie Scott, was burned, because it was proved that he had burned the house of a poor widow, she and her children being inside.* The most interesting and graphic description of the execution of Johnnie Armstrong is given by Lindsay of Pitscottie. He describes him 'as guid a chieftain as ever lived upon the Borders, and though a loose living man, he never molested any Scotsman, but there was not one from the Scots Border to New- castle but payed tribute to him, to be rid of his cumber.' After alluding to the gorgeous apparel of Armstrong and his followers, he adds, — ' the King bade them take that tyrant out of his sight, saying, " what wants that knave that a king should have?" When Armstrong saw that the King's anger was stirred against him, he offered, if his life were spared, to sustain himself, with forty men, ready for the King's service, and never to take a penny from Scotland ; and promised that there was not a subject of England, Duke, Earl, Lord, or Baron, but within a certain day he would bring to the King, either quick or dead.' Seeing no hope of the King's relenting, he said proudly, ' I am but ane fool to seek grace at a graceless face, but had I known that you would have taken my life this day, I would have lived on the Borders in spite of King Harry and you baith, for I know that King Harry would down weigh my best horse with gold to know that I am condemned to die.' These picturesque details probably rested on no higher authority than popular rumour, for Pitscottie was known to be somewhat credulous, and his statements are accepted with reserve, unless corro- borated by other writers. It is likely enough that Johnnie Armstrong pleaded * Anderson's MSS. ' History of Scotland,' and Lesley's ' History of Scotland.' 148 Upper Teviotdale and the Scotts of Buccleuch. for his life in some such fashion as Pitscottie describes, but there is no warrant for the assertion that Armstrong confined his depredations to the English side of the Border, and never molested any Scotsman. A reference to the State Papers and Criminal Records of the time proves that the Armstrongs not only committed many outrages in Scotland, but openly boasted of these achievements.* Only the previous year a party of Armstrongs were hired, like common assassins, by Lord Maxwell, to be the instruments of his revenge against the Laird of Johnstone, with whom he had a private quarrel. Three of the John- stones were killed, and the party lay in ambush purposely to kill the Laird of Johnstone himself.t Many other instances might be given, for there was hardly a lawless exploit .or a deed of violence perpetrated on the Borders in which the Armstrongs were not implicated. Though Johnnie Armstrong may not be personally mentioned, there is no doubt that he took an active part in the out- rages committed by his followers, for whom, as their captain and chief, he was responsible. His reputation for patriotism is entirely without foundation, nor does it appear that he had any scruples about robbing his own countrymen. The statement made by Pitscottie that ' monie Scottis men heavilly lamented ' the death of Johnnie Armstrong, is very questionable. It undoubtedly created a great sensation when it was known that he had been hanged ; for Johnnie Armstrong was a very great and notable thief, whose name had long been a terror on the Borders, and who reigned as a king over his lawless clansmen ; and except among his kin and friends it is hardly likely that his death caused any profound sorrow. The people who had shuddered to hear of the cruel outrages committed by the Armstrongs, or perhaps had themselves been the victims of their violence and rapacity, could feel little commiseration for those who had only met with their deserts. The ballad of ' Johnnie Armstrong,' which has long been popular on the Scottish Border, gives substantially the same account as Pitscottie's chronicle, from which it has evidently been taken, but it must have been written at a much later date, as the whole style and sentiment is utterly unlike anything of the sixteenth century, and it is much more likely to have been written in the seventeenth or eighteenth. It was first printed by Allan Ramsay in his ' Ever- green,' who says he had it from the mouth of a gentleman called Armstrong, * State Papers, vol. iv., Part 4, p. 555. t •/#■ vo1 - > v - P- 49 2 - Upper Teviotdale and the Scotts of Buccleuch. 149 who was in the sixth generation from the hero of the ballad, and he assured him it was a genuine old ballad.* As it is too long to quote entire, a few extracts will serve to illustrate the style : — ' Sum speikis of Lords, sum speikis of Lairds, And sic lyke men of hie degrie ; Of a gentleman I sing a sang, Sum tyme called Laird of Gilnockie. ' The King he wrytes a luving letter With his ain hand sae tenderly, And he hath sent it to Johnie Armstrang To cum and speik with him speidily. ' The Elliots and Armstrangs did convene ; They were a gallant cumpanie, We'll ride and meit our lawful King, And bring him safe to Gilnockie ! ' ' When Johnie cam before the King, Wi' a' his men sae brave to see, The King he movit his bonnet to him, He ween'd he was a King as well as he. May I find grace, my Sovereign Liege, Grace for my loyal men and me ? For my name is Johnie Armstrang, And a subject of yours, my Leige,' said he. Away, away, thou traitor Strang, Out o' my sight soon mayest thou be, I grantit never a traitor's life, And now, I'll not begin wi' thee.' v Armstrong then offers many handsome gifts to the King if he will spare his life. The first is four-and-twenty milk-white steeds, and as much English gold as four of their broad backs can carry. Then when his prayer is again rejected, he offers four-and-twenty mills, with as much wheat as their hoppers can hold, and last of all he says : — * Note to Johnnie Armstrong in the Minstrelsy of the Scottish Border.' 1 50 Upper Teviotdale and the Scotts of Buccleuch. ' Grant me my life, my Leige, my King, And a great gift I'll gie to thee, Bauld four-and-twenty sisters sons, Sail for thee fecht tho a' should flee.' But this offer, like all the others, meets with the same inexorable reply — and then Armstrong exclaimed proudly — ' To seik het water beneith cauld ice, Surely it is greit folie, I have asked grace at a graceless face, But there is nane for my men and me. ' But had I kenn'd, ere I cam frae hame, How thou unkind wadst been to me ! I wad ha keepit the Border syde, In spyte of all thy force and thee.' Johnnie's magnificent apparel is next commented upon, and he is asked by the King where he obtained all these costly ornaments ; and Johnnie answers, ' I gat them in the field fechting, Where, cruel King, thou durst not be.' ' John murdered was at Carlinrigg, And all his gallant companie ; But Scotland's heart was ne'er sae wae, To see sae mony brave men die. ' Because they saved their country deir Frae English men ! Nane were sae bauld Whyle Johnie lived on the Border side, Nane of them durst cumm neir his hauld.' The character of the redoubted freebooter, given in these lines, is one that would have considerably astonished himself could he have heard it. The gallant defender and protector of his countrymen, and the inveterate enemy of his country's foes, existed solely in the imagination of a later generation. The real Johnnie Armstrong was a lawless bandit, who was renowned for his deeds of violence, and who, with his reckless and cruel accomplices, was feared over all the Borders. The contemporary estimate of the Liddesdale thieves was no very Upper Teviotdale and the Scotts of Bitccleuch. 1 5 1 exalted one. In the play of the ' Thrie Estates,' already alluded to, a representa- tion of the Border freebooters thus describes himself — ' Huirsun, they call me common theft ; For quhy ? I had na other schift Sen I was borne. In Ewisdale was my dwelling place ; Mony ane wife gart I cry alace ; At my hand they never gat grace, Bot aye forlorn.' And in the same play, a Pardoner who has relics for sale offers, along with such chattels as ' the gruntle of St Anthony's sow ' — ' Ane coird, bath gret and lang, Quhilk hangit Johnie Armstrang. Of gude hemp, soft and sound , Gude halie pepill, I stand for'd, Quha ever beis hangit with this cord Needs never to be droun'd.' * The King was much more likely to be praised for his firmness than blamed for his severity. The Earl of Angus sometimes captured a score or two of the thieves, and hanged or drowned them ; but the loss of a few subordinate members of the clan was little regarded, and produced no very lasting impression. The King had seized the chief and leader, and condemned him to the same fate as his followers, and thus taught the Liddesdale clans the wholesome lesson, that there was a power and an authority higher than that of their chief. 'After this execu- tion the whole Border men were in great fear for a long time and were in great quietness.' f The Armstrongs deeply resented the insult involved in putting their chief to an ignominious death, and many of them left their homes and passed over in bands to England. % It was natural that the Armstrongs should magnify the power and extol the patriotism of their chief, whose tragic fate filled them with such sorrow and indignation ; and his memory was not likely to be allowed to fall into oblivion. By and bye, when his deeds of violence began to fade from the memories of the people, and the dread inspired by his name had been for- gotten, the figures of the undaunted marauder and his band loomed picturesquely * 'A Satyr of the Three Estates,' by Sir David Lindsay. t Anderson's ' MSS. History,' vol. i. f. 154. + Buchanan's ' History of Scotland,' vol. i. p. 164. 152 Upper Teviotdale and the Scotts of Buccleuch. through the mist of years, and the thief and oppressor became a popular hero. The spirit-stirring ballad of Johnnie Armstrong is a great favourite on the Borders, and the lonely graves at Teviothead, where Johnnie and his followers lie, are pointed out, with pity for their untimely fate. There was a tradition — when originated is unknown — that to manifest the injustice of the execution, the trees on which the Armstrongs were hanged withered away. There is no proof of this, nor can the leafless trees be remembered by the oldest inhabitant, but the poetic fiction has been beautifully portrayed in Leyden's ' Scenes of Infancy' — ' Where rising Teviot joins the Frostylee, Stands the huge trunk of many a leafless tree, No verdant woodbine wreaths their age adorn, Bare are the boughs, the gnarled roots uptorn. Here shone no sunbeam, fell no summer dew, Nor ever grass beneath the branches grew, Since that bold chief, who Henry's power defied, True to his country, as a traitor died.' CHAPTER VII. ' What ? Think you then at length, To enjoy the fruits of toil ? Believe it not. Never, no never, will you see the end Of the contest ! You and me, and all of us This war will swallow up ! ' Coleridge. ' He came not from where Ancram Moor Ran red with English blood ; Where the Douglas true, and the bold Buccleuch 'Gainst keen Lord Evers stood.' Sir Walter Scott. When James V. first found himself an independent Sovereign, his zeal and anxiety for the welfare of his kingdom and people were great, yet his rule was neither politic nor judicious. His position was surrounded with difficulties, for he had before him the hard task of reconciling opposing factions, and inspiring with a respect for the laws, a people who had been demoralised by a long course of misgovernment. During his minority, especially the last few years when under the tutelage of his step-father the Earl of Angus, James had been subjected to the most galling restraint, and was forced to give his sanction to acts that were hateful to him, often to the injury of his best friends, and he cherished a deep and bitter resentment against those who had so abused their power. His hatred to the Earl of Angus was most implacable, and extended to all of the name and kin of Douglas. Sentences of banishment and forfeiture were pronounced against them, and they were compelled to take refuge in England. James set himself to the task of reform with all the ardour of impatient youth, but unfortunately his zeal exceeded his judgment. In the administration of justice he was stern and relentless, and thus made himself many enemies. He sought also to limit the prerogatives of the feudal nobility, without reflecting how dangerous it was to incur the enmity of a class on whom he was dependent for the protection of the country in time of war ; a contingency which even the most x 1 54 Upper Tcviotdale and the Scotts of Bucclcnch. shortsighted could not ignore. All the Scottish subjects who had been banished, or had cause of resentment against King James, were welcomed in England ; for it was part of the policy of Henry VIII. with regard to Scotland to foment dis- content and disunion, and to attach to his service all who, by their treason or crimes, had made themselves obnoxious to the government. Angus and the Douglases, on being expelled from Scotland, had transferred their allegiance to the King of England, and others followed their example. The Earl of Bothwell was one of the malcontents who complained that James had bestowed part of his lands on the ' Carres of Teviotdale,' had kept him in prison for half-a-year, and threatened further proceedings against him and his followers. These noblemen urged King Henry to go to war with Scotland, hoping by this means to recover their lands and be revenged on the King. Bothwell promised if Henry would invade Scotland, to serve him with a thousand gentlemen and six thousand commons, and prophesied that, ' within brief time he should see King Henry crowned in Edinburgh.' * Henry VIII. was not to be rashly hurried into war to satisfy the importunities of James' discontented subjects, yet he gave the matter his serious consideration. In answer to inquiries on the subject, the Earl of Northumberland wrote that King James' unpopularity was still increasing, and that it would be impossible for him to collect an army strong enough to resist an invasion, -f- The Earl of Rutland received instructions to entertain all Liddesdalers, and all other Scotsmen who could be gained over to the service of England. Information was conveyed to Henry, that in case of an invasion the Armstrongs would remain neutral, giving signs by which they might be known, and if the invasion were of sufficient force to ensure their safety, they would join the English. In the winter of 1532 Northumberland received the 'King's most dread command ' to invade Scotland. He was accompanied by Angus and other Scots, and entered Scotland by the east March. They committed great depredations in Berwickshire and East Lothian, and returned without loss or hurt, but took many Scotsmen prisoners, and burnt and destroyed every peel, grange or cottage they came across, and carried off an immense quantity of booty, including 2000 nolt, 4000 sheep, with much ' insight gear.' \ Although this raid was through the lands of the Earl of Angus, he was not joined by any great number of his vassals. Indeed it would appear in this as in * State Papers, vol. iv. p. 598. t lb. p. 619. % It. p. 629. Upper Teviotdale and the Scotts of Buccleuch. 155 many other instances in Scotch history, that treason and rebellion were confined to the nobles, many of whom seemed void of patriotism, while the great body of the people were loyal to their King and country. After his foray in the east March in the late autumn of 1532, Northumberland writes to the King that he will do all in his power for the annoyance of Scotland, and in brief and convenient times send forth forays into Teviotdale and else- where, but he complains of the severe frosts which hinder his operations.* In the February following (1533) Clyfford, in company with the Earl of Angus and his uncle and brother, made a raid upon Lower Teviotdale, and burnt a large number of farms and steadings, 'as well as all the corne within the said townes and steadings, a great substance, which by the Scottes inhabitants ther hade ben removyd furth of the townes, for the more safeguard thereof, and made in the feldes and felles ther about in stakes, and took the Laird of Grawden and oder Scottesmen prisoners. And so burning and spoiling in the country ther, remained in Scottland the Saturday until four of the clock at afternoon, and then returned homewards without eny loss of your subjects, bot onely by reason of the sore handling of us at divers chaises, the Scottes acquytting theym selffes verray sharpely, that one of my Lorde of Angwisch Servaunttes was slayne, and oone of myn takin. Never the les the Scottes was alwais overthrown and put to flight, and we were masters at all times.'-f There was also a foray into Upper Teviotdale about the same time, the principal object being to kill or take prisoner the Laird of Buccleuch. The particulars are given in a letter from Northumberland to Henry VIII. in 1533. A force, consisting of 1500 men, entered Scotland by the wheel causeway in Liddesdale, and approached Branxholme during the night. Knowing Buccleuch's custom of ' rising to all frays,' they left a number of their party in ambush at some distance, their plan being to attack Branxholme, and then retreat and draw him after them in pursuit, so that he might fall into the ambush, and be taken or slain ; but Buccleuch was not at Branxholme, and so this stratagem was frustrated. They burnt Branxholme however, and several of Buccleuch's servants ' who did issue forth from the gates, were taken prisoners.' They also burnt Whitchestcr and other places in the neighbourhood, and did not leave 'one horse, one stack of corn, nor one sheaf,' unburnt. They re-entered * State Papers, Henry V1I[., vol. iv., P. 4, p. 629. t Letter from ClyCord to Henry VIII., State Papers, vol. iv. , Part 4, p. 633. 156 Upper Teviotdale and the Scot Is 0/ Buccleuch. England the following day about noon, with eleven prisoners, one being a kinsman of Buccleuch, 300 nolt and nine horses. * In revenge for this foray, Buccleuch, with 3000 riders, penetrated into Northumberland, and laid waste a large tract of country, and returned loaded with booty.t James at length found it expedient to divide the whole fighting men in Scot- land into four parts, to each of which the defence of the Marches was entrusted in rotation, and by this means some degree of tranquillity was preserved.^ The following order of Council was issued about the same time : — ' Item, it is statit and ordainit for saiffing of men, thare gudis and gere vpoun the bordouris in tyme ot were and all vther trublous tyme that every landit man duelland in the inland or vpoun the bordouris, havand thare ane hundreth pund land of new extent sail big ane sufficient barnikyn vpoun his heretage and landis, in place maist conuenient, of stane and lyme, contenand thre score futis of the square, ane eln thick, and six eluys height, for the resset and defenss of him, his tennentis and thair gudis in trublous tyme, with ane toure in the samin for himself, gif he thinks it expedient, and that all vther landit men of smaller rent and revenew, big pelis and great strenthis as thai pless for saifing of thare selfis, men, tennentis and guids. and that all the saidis strengthis, barnikynnis and pelis, be biggit and completit within twa yeris.'H It must not be inferred from this notice that strong peels and towers were then built for the first time on the Borders. There is ample proof to the contrary. In the accounts given of English raids, we are told that they put straw to the doors, and burnt the roof and the floor of various towers, plainly showing that the walls were impervious to fire. Surrey says that there were six good towers in Jedburgh, and the strong peels of Liddesdale are frequently alluded to. Many new towers would, doubt- less, be built in obedience to the order of the Council. Goldilands' Peel was probably one of these. It was situated about halfway between Hawick and Branxholme, and was called ' the Watch Tower of Branxholme.' In 1534 Bishop Barlo, in a long letter to Cromwell, comments on the disorder and ruinous decay on the Borders, and miserable condition of the people. He said there was no knowledge of Christ's gospel, though there were plenty of priests, sundry sorts of religions, multitudes of monks and flocking companies of friars.§ This of course refers to the English Border. In 1535 Sir Walter Scott of Branxholme was accused of having given assist- * Caligula, b. viii., f. 222. t Pinkerton's ' History of Scotland,' vol. ii. p. 318. X Tytler's ' History of Scotland,' vol. v. p. 240. || Records of the Pari, of Scot., 1535. § Calander of State Papers, Scot., Henry VIII., vol. iv. No. 36. Upper Teviotdale and the Scotts of Buccleuch. 1 5 7 ance to Lord Dacre and other Englishmen, at the burning of Cavers and Denholm. No particulars regarding this raid, or the causes which led to it, have been preserved. It was probably undertaken at the instigation of Buccleuch to avenge some private quarrel. He was summoned to appear before a Justiciary Court held at Jedburgh, and answer for his crime, when he ' came in the King's will,' and was punished by being kept in ward during the pleasure of the King, but was restored to his lands and honours the following year.* Among the Buccleuch muniments is a ratification by Queen Mary of Acts of Parliament for restoring Sir Walter Scott of Branxholme to his offices and honours. The following is a short extract from the document : — ' Having consideration that Walter Scott of Branxholme, knicht, at the justie air haldin at Jedburgh the xix day of Aprile 1535, become in umquhile our sourane Lords will for fear of his life, for the allegit assist- ance given to the Lord Dacres and Schir Cristell Dakir, Inglishmen, and their complices in time of the burn- ing of Cavers and Denman quhairfoir his Grace thocht that the said Walter deserved na forthcr ponition, thairfoir, than to be put in ward for ane certain tyme at his Grace's will and pleasour, and our said umquhik- Soverane Lord, ane little tyme afoir his decease remembered vpon the said Schir Walter's trew gude and thankful service done to his hieness, aganis his auld enemies of Ingland, and siclike of his innocence in that behalf, relaxt the said Schir Walter furth of ward and ordaint to restore him to the samyn estait he was in befoir the said accusation. ']■ During the next six or seven years England and Scotland enjoyed a cessation from active warfare ; but the elements of strife were never absent. Henry VIII. had thrown off the power of Rome, and would have had his nephew follow his example ; but this, even if he had been willing, James was unable to do. He had already alienated the nobles, and could not afford to make enemies of the churchmen, who were his chief counsellors. Causes of quarrel arose, which it is unnecessary to describe. At length Henry proposed that James should meet him at York in order to discuss the questions on which they were at variance. James had given a reluctant consent to this proposition ; but his advisers entertained such a distrust of the motives of King Henry, that they earnestly opposed the intended visit to England. There seemed good grounds for distrust, for a plan to kidnap the King had been proposed by Henry shortly before.}: When Henry arrived at York and found that his nephew had failed to keep his appointment, his wrath was aroused to the highest pitch. He considered himself insulted and defied, and retributive war could alone * State Papers, vol. v. p. 47. f Fraser's 'Scotts of Buccleuch,' vol. ii. p. 184. % Burton, vol. iii. p. 71. 158 Upper Teviotdale and the Scotts of Buccleuch. satisfy his ungovernable fury. The Borderers rushed into hostilities with all their old precipitancy, and mutual inroads followed each other so rapidly, that it was impossible to tell who were the aggressors. A large force, consisting of about 3000 horse under Sir James Bowes, accompanied by the Earl of Angus, pene- trated into Teviotdale, which was met and completely routed by the Earl of Huntly and Lord Home. Six hundred prisoners, including the English Warden, were taken. This loss still more incensed King Henry, who sent orders to ' the Scourge of the Scots,' — as he had named the Duke of Norfolk, — to levy a force of forty thousand men, and to destroy all the castles on the Scottish Border. Norfolk re- plied, that 'there were none, he himself having burned them all twenty years before.* He crossed the Cheviots, however, and burned Jedburgh, and many towns, villages, and granges, on the east Border. The harvest had just been gathered in, but the corn was all ruthlessly destroyed, and Norfolk only ceased from pillage and rapine when the wretched country could no longer supply food for his forces. James had assembled an army near Edinburgh for the defence of the country, but on his march southward news reached him that Norfolk had withdrawn his troops. James eagerly proposed to follow and avenge the injuries that had been inflicted on the Border districts, but to his surprise and indignation his nobles refused to follow him. They were ready, they said, to fight to the utmost to resist invasion as became loyal subjects of the Crown, but they were in no way bound to invade the enemy's country. Their refusal may have been dictated by wise and prudential motives, for their strength undoubtedly lay in the defensive ; but it also seemed as if they wished to make James feel the limits of his power. He had striven to curtail their privileges, and they appeared determined to make him realise his dependence on them. The King urged and entreated his nobles to proceed, using every argument he could think of. It was wretched cowardice, he said, to turn back without striking a blow, when the army of the invader was before them, weakened by privation, and could be easily defeated. Remaining deaf both to reproach and reasoning, they would not move a step, and the King was forced to retire. James was not altogether deserted by his nobles, however, Lord Maxwell, and several others assembled a body of io,oco men in the west, and proposed to invade England. The King did not accompany this expedition, but remained at * Slate Papers, vol. v. p. 219. Upper Teviotdale mid the Scotts of Bucclcuch. 159 Caerlaverock castle to await the result of the invasion. He entrusted the command of the expedition to Oliver Sinclair, a favourite of his. This person had not assumed any authority till after the army crossed the Esk, and had commenced operations by burning the farm-steadings, etc., on the English Border. As daylight appeared, and there was a likelihood of encountering the enemy, Oliver proclaimed himself the leader, and produced the King's com- mission. This announcement was received with strong expressions of indig- nation, and most of the leaders refused to obey him. Lord Maxwell, and a few others more loyal than the rest, endeavoured to reason with the malcontents, and the whole army were engaged in a confused squabble, when they were suddenly surprised by a party of horse, under Lord Dacre, who, finding the army utterly disorganised, gained an easy victory, taking many prisoners. That 10,000 Scots had fled before 300 English was a shameful tale to carry into Scotland, and was a terrible blow to the King, whose first idea was that his nobles had conspired to deliver him into the hands of King Henry. Full of sorrow and shame, and completely broken in spirit, James withdrew to Falkland Palace, where, within a fortnight, he died of that inexplicable disease called a broken heart, leaving as his successor an infant daughter, only a week old. When the news of the death of the King of Scots, and the birth of his daughter was carried to London, Henry at once conceived the project of an alliance between his son Prince Edward, and the infant Queen of Scots, and with that promptitude which characterised him, he began to prepare the way for carrying out his design. Angus and the other expatriated nobles promised to use their influence to further Henry's views ; for now that James V. was dead, there was nothing to prevent them returning to their native country, and Sir George Douglas, brother to the Earl of Angus, set out for Scotland with full powers to negotiate the marriage. * The prisoners who had been taken at the recent engagement at Solway Moss, had at first been treated with great harshness and rigour, but they suddenly found their condition very much improved, and were promised their liberty if they would undertake to promote the proposed marriage of the infant Queen. Most of them were very glad to purchase their release on this condition, for there * State Papers, vol. v. p. 302. 1 60 Upper Teviotdale and the Scotts of Bticcleuch. could be no doubt that the union of the two kingdoms, by such an Alliance, provided it was conducted on fair and equal terms, would be most advantageous to both nations, and seemed the most direct way to put an end to the wars, which had been so destructive and disastrous. The proposal was at first received most favourably by the Scots, but on further negotiation it was found that the Alliance was hampered with conditions to which they (the Scots) could never agree ; and Sir George Douglas found it impossible to arrange the marriage on the basis proposed by Henry VIII. He said, if there were any attempt at dictation from England, there is not so little a boy but he will hurl stones at it, and the wives will handle their distaffs, and the commons universally will rather die in it, and many noblemen and all the clergy be fully against it.'* There were many, however, who had pledged themselves to forward Henry's views, and the negotiations went on for some time, Henry all the while making great professions of friendship and good will towards the Scots. But one significant circumstance shows how these professions were distrusted. The child Queen was all this time at Linlithgow palace, where she was born, a place which was not sufficiently strong to ensure her safety ; and Arran, the Governor, was suspected of favouring the designs of England by keeping the Queen in such an insecure place, whence she could easily be carried off, if it suited Henry to do so. An army between ten and twenty thousand strong, consisting largely of Borderers, followers of Lord Home, Ker of Cessford, and Scott of Buccleuch, along with Lennox, Argyle and Huntly, with their followers from the north, appeared before the palace of Linlithgow, and took peaceful possession of the Queen and her mother, and removed them to Stirling castle, which being well fortified and near the Highlands, was a more secure retreat than could have been found further south. This action, though unauthorised, was highly approved of by the Estates, which assembled some months later ; and it was declared that those concerned in it did nothing contrary to the 'weel of the realm.' It was soon evident that Henry's object in seeking the alliance with the Scotch Queen was that he might attain the dominant power in Scotland. One of his most imperative conditions was that the Queen should be brought up in England, and that her authority should in a great measure be vested in himself. When he found this would not be agreed to, he swore that he would seize the child by force, and would drag her out of the strongest castle they could hold her in. The * Sadler's ' State Papers,' vol. i. p. 70. Upper Teviotdale and the Scott s of Buccleuch. 161 negotiations were at length broken off, and Henry, who could not brook opposi- tion, vowed to punish the Scots for their obduracy. Some idea of his anger may be gathered from a letter of instructions addressed to Lord Hertford, the com- mander of the expedition sent against Scotland, which was believed to have been written by his own hand. Hertford was to make an inroad into the kingdom, ' there to put all to fire and sword, to burn Edinburgh town, and to raze and deface it, when you have sacked it, and gotten what you can of it, as there may remain for ever a perpetual memory of the vengeance of God lighted upon it, for their falsehood and disloyalty. Do what you can out of hand, and without long tarrying, to beat down and overthrow the cattle ; sack Holyrood House, and as many towns and villages about Edinburgh as ye conveniently can ; sack Leith, and burn and subvert it, and all the rest, putti7ig man woman and child to fire and sword, without exception when any resistance shall be made to you,' etc* Hertford sailed for the Forth with a large army, and landing at Granton on the 1st of May 1544, proceeded at once to carry out his instructions by pillaging and burning Leith. Edinburgh was next attacked, and after some ineffectual resist- ance was given to the flames. The city was at that time concentrated on the lofty ridge rising towards the castle, and the conflagration, which lasted three days, was seen far over Fife and the Lothians. The army then moved eastward, spreading havoc and desolation Oil every side. A scribe who accompanied the army, for the purpose ■jf giving an account of the expedition to the Lord Privy Seal, thus calmly describes the burning of Dunbar : ' That night they looked for us to have burned the town of Dunbar, which we deferred till the morning, and by reason we took them in the morning,' ' who having watched all night for our comying, and perceyvynge our army to dislodge and depart, thought themselves safe of us, were ready gone to their beddes, and in their fyrst slepes; closed in with fire, men, women, and children, were suffocated and burnt, 'f The terrible atrocity of this deed needs no comment, nor is it possible to contemplate without horror and indignation, the fiendish barbarity of men who could calmly wait, till their victims overcome with watching and lulled by a false security, were in their first deep slumber, and then to burn men, women, and innocent children in one fearful holocaust' The chronicler gives these details with the most matter-of-fact indifference, and piously congratulates the leaders on the success of the expedition, saying, ' for all this, who is to be most highest lauded, but God ? For the countynance of Godde's favour towards us, and for this let us pray for the prosperous estate of our noble, good, and victorious Lorde, Governour, and King, for whose sake doubtless * Burton's 'History of Scotland,' vol. iii. p. 232. \ Dalzell's 'Fragments,' pp. 10, II. Y l62 Upper Teviotdale and the Scotts of Buccleuch. Upper Teviotdale and the Scotts of BuccleucJi. 163 God hath spred his blessing over us, in peace to have mirth, and in warres to have victorye.' Scarcely were the ashes of Edinburgh and Dunbar cooled, when another large army came over the Carter Fell one morn- ing in July, and commenced a series of destructive raids which lasted till November. This force was commanded by Sir Ralph Evers or Eure, and Sir Brian Latoun, who gave an account of the havoc they committed in a series of short business-like despatches, describing succinctly and with- out comment, how they had spread ruin and desolation over the whole east border, from Upper Teviotdale to Berwick, and from the Cheviot Hills to the Tweed. Over all this district ^nothing was to be seen but blackened ruins. The country was wasted as it had never been before. Towns, villages, farms, towers, and even churches, shared the same fate. The beautiful monasteries of Dry- burgh, Melrose, and Kelso, with the towns and villages in their vicinity, were plundered and defaced ; Jedburgh and the Church of the Grey Friars burnt, the Abbey destroyed, and above 100 horse loads of spoil taken away. Here is a brief summary : — 1 64 Upper Teviotdale and the Scotts of Buccleuch. 192 towns, towers, stedes, barnekyns, paryshe-churches, bastcll-houses, burned and destroyed ; 403 Scots slain, and 816 taken prisoner ; and 10,386 cattle or nolt, 12,492 sheep, 1296 horses, and an enormous quantity of corn and insight gear or plenishing carried off.' The manner in which all this destruction was accomplished was by a succession of sudden raids, which keeping the country in the constant terror of expectation, yet in ignorance where the next blow was to alight, prevented the Scots from concentrating their strength, so as to offer any effectual resistance. Sir Walter Scott of Buccleuch had made himself very obnoxious to the English, by his sturdy loyalty and his determined hostility to the ' auld enemyies,' having led several formidable raids on the English Border ; and Lord Hertford, writing to Henry VIII., recommended that a garrison of two or three thousand men should be left on the Borders to annoy the Lairds of St Johnstone and Buccleuch, and these who, like them, were not Henry's friends.* This letter was written in March 1544, and Hertford's advice, though not imme- diately acted upon, was not lost sight of. On the 27th of August following, Lord Wharton wrote that he ' invaded West Tividall upon the Lord of Buccleuch 's lands, and burned divers towns and stedes in their way, and went and burned the Barnkyn to the Lords of Buccleuch's towere at Branxham, and have brought away 600 oxen and kyen, 600 shepe, certen horses and nags, 200 gayt, and as much spoil of insight gear as they could carry away, and have taken 30 prisoners and slayn 8 Scotts. ' The fact that eight of the Scotts were slain, and so many prisoners taken, proves that the spoilers had met with some resistance. Simultaneously with the attack on Branxholme, Evre, Latoun and others, made a raid on Scott of Buccleuch's other possessions in Kale Water. This raid being under the direction of the principal leaders, and on the same day as the attack on Branxholme, was evidently meant to divert Buccleuch's attention while they might with more facility destroy his family seat. It is stated in Lord Ever's despatch that ' Sir Bryan Layton, Henry Evre, etc. , renged the woods of Wooden, where they gat much baggage, naggs, shepes and nolt, and hath slain about the woods thirty Scots ; and from then they went to a towre of the Lord of Buccleuch's, called Mosshouse, and won the Barmkyn, and gat many naggs and nolt, and smoked very sore the tower and took thirty prispners, and so have brought away horses and naggs, 180 or 200 nolt, 400 shepe, moche insight gear, and burned the town of Wooden, and many shells and houses in the said wood, and other stedes and mylnes in their way, Scotts slayn thirty.' * State Papers, vol. v. p. 360. Upper Teviotdale and the Scotts of Buccleuch. 165 1 66 Upper Teviotdale and the Scotts of Buccleuch. These two despatches are a fair example of the reports which were daily sent to Henry. Laconic as they are, and dictated in a spirit of business-like indifference, these brief epistles give some idea of the fearful amount of misery and wretched- ness inflicted on the Scots. With the exception of Jedburgh, they do not appear to have burned any of the Border towns ; though in the plan of the expedition, laid down the previous winter, it was proposed to burn and destroy the market towns of Hawick and Selkirk, with the towns of Cavers and Denholm* That this was not done was probably because they did not wish to encounter any formidable or united opposition, they preferred to make a sudden attack, and depart with their booty before the people had time to collect in sufficient numbers to oppose them. They did not molest the town of Hawick, which was doubtless owing to thefact that Drumlanrig, who was Lord Superior, had an understanding with Henry, and had received £\oo for his services, and a promise of a pension of 500 crowns.f Before the invasion, Wharton was instructed to write to Drumlanrig, for the encouragement of himself and the rest of King Henry's friends, advising them to stand firmly together, and be loyal to the King of England, and they should receive much benefit and protection.! The ' towns ' reported as having been burned were, in most cases, only farm steadings, which with their cluster of labourers' cottages are still called 'towns' in Scotland. These raids were made by large bodies of men numbering from 1000 to 1500, rendering opposition on the part of the people utterly hopeless, and when they surrounded a bastell-house, a farm or a humble village, the wretched inhabi- tants had no alternative but beg for mercy, or fly and hide themselves, at the first signal of the approach of their enemies. Sometimes they were spirited enough to resist, and then, we have inevitably the brief enumeration of the Scots slain and taken prisoners, along with the number of cattle, etc., carried off. For instance, Sir Ralph Evre, with 1400 men, burnt Bon Jedworth and Ancrum Spitle, and east and west Nesbet, — and ' slew all the Scottishmen in them to the number of eighty.' We have several notices too, that they ' renged the woods,' where, as in the woods of Wooden, they found and slew many Scots and carried off much baggage. These were probably fugitives who had fled with such of their possessions as they could carry with them, but even there, they were hunted and slain like wildbeasts. The ' shells ' which were burned along with ' towers and towns,' were the sheilings or cot houses of the humblest of the peasantry. * State Papers, Henry VIII., vol. v. Part 4, p. 345. t //>■ vol. v. Part 4, p. 366. + lb. vol. v. p. 370. Upper Teviotdale and the Scott s of Buccleuch. 167 It has been represented by a recent historian that Henry the Eighth, instead of being a monster of cruelty, was a most just, humane and wise ruler, and that he was severe only when forced by necessity. But we see by these reports that no position was too humble to escape his vengeance or vindictiveness. The poor labourers had no share in the political sins of the Lords of the Council, and a humane King would have given orders to spare them, if only in consideration of their poverty and insignificance. But not so Henry : There was no pity or mercy shown in the instructions he gave ; nor can it be pleaded that his officers exceeded their commission, for every aggravation of cruelty they committed in carrying out their orders was faithfully reported to the King, a sure proof that such tidings would not be displeasing to him. The perpetrators of these outrages returned to London towards the close of the year, and were received by King Henry with all the gracious expressions of approval their distinguished services demanded, and by way of reward he granted to Lord Evers and the other leaders of the expedition all the country they should conquer in the Merse, Teviotdale, and Lauderdale. This, however, was going a little too far. The Earl of Angus whose lands formed part of this handsome, but premature grant, swore that if they dared to come and take possession, he would write the deed of investiture on their skins with sharp pens and bloody ink. Evers and his colleagues cared nothing for such threats, and rendered confident and arrogant by their former successes, they came northwards again early in the following year, in order still more effectually to subdue the Borders : — They talked indeed of conquering the whole country from the Cheviots to the Forth, — and meant to take possession of the broad lands their generous Sovereign had bestowed upon them. The aspect of affairs had somewhat changed during these few winter months. Henry's wanton destruction had been intended partly to punish the Scots, and partly to intimidate them, and he hoped by this means to attach to his interest by fear those who could not be won by favour, but in this he showed his ignorance of the character of the Scotch, who had never shown any disposition to kiss the hand that oppressed them. The sufferings they endured roused anew all the fierce hatred towards England, which was never far from the surface in the breast of a Scotch Borderer ; and the news of this second invasion inspired them with the most determined feeling of resistance ; while some of Henry's most assured partisans returned to their true allegiance, and even Angus, who had 1 68 Upper Teviotdale and the Scot is of Btucleuch. been in league with England for fifteen years, became again a Scot when his lands were given to reward the oppressor of his country. The possessions of Sir Walter Scott of Buccleuch had received a con- siderable share of attention from the invaders during the previous incursion ; and his flocks and herds and many horse loads of plenishing carried off to increase the wealth of the English spoilers. He had never given any assurance that he would serve the King of England, and it was most important that he and his powerful following should be secured. It was hoped the lesson he had received would prove salutary, and that he might now be found more conform- able to Henry's views. A meeting was arranged between Lord Wharton and Buccleuch ; the latter anxious in some way to avert a recurrence of the horrors of the past season, and willing, even by a little concession, to conciliate the English commissioner, whose only desire was to persuade him to transfer his allegiance to England. Wharton told him that all the dwellers in the Debateable Lands were sworn to serve King Henry, and he pointed oiu to him that it would be better to follow the example of his neighbours and live at peace with them, ' otherwise, in brief time,' he said, ' they will do you no little damage and destruction, and if you serve his Majesty ye may be sure there is none in authority in Scotland who will dare annoy you in Teviotdale.' Buccleuch said he had come to discuss what could be done to put an end to the war, and not to talk of going over to the enemy, but he saw how it was ' they would have him " sing the shameful carol," and to avoid the utter destruction of his house, seek the the favour of England.' The conference broke up without Buccleuch giving any definite answer ; * and within a week or two he was able to show, at the Battle of Ancrum, in what contempt he held the overtures that had been made to him. Evers and Latoun had returned to Scotland with a force of 5000 men, of whom about 700 were renegade Scots, wearing the red badge on their arm, the distinguishing mark of their servitude to England. They were chiefly the Turnbulls, the Armstrongs, and others of the broken clans of Liddesdale and Ewesdale, men well accustomed to the work of pillage and destruction. They ravaged the- country with even more than their former barbarity ; burned a tower called Broomhouse, with its mistress, an old and noble lady, and her family inside, and searched the woods, and killed all the fugitives they found there. * Burton's ' History of Scotland,' vol. iii. p. 239, Upper Teviotdale and the Scotts of Buccleuch. 169 They revisited Melrose, plundered the village, and still further defaced the beautiful abbey, and with wanton destructiveness, ransacked and destroyed the tombs of the Douglases, including that of the noble hero of Otterburn. The Earl of Angus was not far off, and when the news was brought to him of the desecration of the tombs of his ancestors, he swore to avenge the insult, and that speedily. The English had left the smoking village and the despoiled Abbey, and, laden with plunder, were marching southward towards Jedburgh, when Angus, with a body of about a thousand horse, followed them from Melrose, but hesitated to make an attack on account of the inferiority of his numbers. The English halted on a level plain above the village of Ancrum, and did not seem disposed to advance further, being probably unwilling to cross the river while the enemy were so near. Angus took up a position on the brow of Penielheugh, a hill just over- looking Ancrum Moor. Here he watched, in moody and impotent wrath, the movements of the enemy, apparently preparing to encamp, and awaited the arrival of reinforcements, for which messengers had been sent. In a short time he was joined by Norman Leslie the Master of Rothes, with 1200 lancers ; and soon after Sir Walter Scott of Buccleuch came up with the news that his followers were within an hour's march. According to Buchanan the whole success of the battle was due to the skilful tactics of Sir Walter Scott. Angus, acting on his advice, withdrew from the hill-top, and placed his forces on the level plain behind, where they were concealed from the enemy ; then dismount- ing, and sending the camp boys with the horses to a slight eminence in their rear, they ranged themselves in order of battle. The English observed the Scots withdraw from the hill-top, and seeing the horses disappearing over the crest of a further hill, imagined the enemy was in full flight. Unaware of the reinforcements received, and anxious only that the retreating enemy should not escape, they dashed after them in careless disorder. Reaching the top of the hill, with horses considerably blown, and the infantry breathless, they found, to their astonishment, the largely augmented forces of the Scots drawn up in compact lines right in front of them. A heron, disturbed by the troops, rose from the marsh and sailed away over-head, when Angus, whose spirits had risen at the prospect of revenge, cried gaily, ' Oh that I had my gay goss hawk, that we might all yoke at once.' The English charged at once, but were driven back with great slaughter ; and 7. i jo Upper Teviotdale and the Scotts of Buccleuch. the 700 Borderers, who were in the English ranks, tore the red crosses from their arms, and turned their weapons against their former comrades. The leaders made a gallant stand, but they could not prevent the total rout which quickly followed ; and the English flying in all directions, the country people, with what weapons they could get hold of, joined in the pursuit, and even the women followed crying for vengeance, and calling on their husbands and relatives to remember Broomhouse, no mercy being shown to such as fell into their hands. Eight hundred were killed, and a thousand taken prisoners, and the joy and satisfaction of the Scots was unbounded when they found among the slain the bodies of their hated oppressors, Evers and Latoun. Among the prisoners was an Alderman of London named Read, who had refused to pay his share of a benevolence which Henry VIII. exacted from the citizens of London, and as a punishment for his contumacy he was sent to serve in the wars against the Scots.* The lesson he received would, no doubt, make him a more submissive subject, for his ransom cost him a good deal more than the benevolence would have done. The Scots recovered a great quantity of spoil which the English were carrying off, besides all their camp furniture. Local tradition tells that a woman took part in this battle, and fought so valiantly as to win the admira- tion of all who saw her. She was called the ' Maid of Maxton,' a village a mile or two distant, which had been burnt and harried by the English ; so the maid had probably private and personal wrongs to avenge, the memory of which animated her courage and nerved her arm. The tradition goes, that she was killed in the action, and a stone was erected over the grave at Lilliard's Edge, near the scene of the battle. The stone is now broken and defaced, but the inscription, which was quite legible about the beginning of the century, ran ' Fair Maid Lilliard lies under this stane, Little was her stature, but great was her fame, Upon the English loons she laid mony thumps, And when her legs were cuttit off she fought upon her stumps. The humorous exaggeration of the lines is suggested by the popular traditions regarding the prowess of the women, who, maddened by the wrongs they had endured, rose against the fugitive English soldiers. The news of the defeat his forces had sustained, and the death of the two * Ridpath's 'Border History,' p. 563. Upper Teviotdale and the Scotts of Buccleuch. 1 7 1 celebrated leaders were received by Henry with feelings of great anger and mortification. He was deeply incensed at the part Angus had taken in the battle, and upbraiding him for his ingratitude, threatened to let him feel the weight of his resentment. Angus answered defiantly, ' Is our brother-in-law offended because, like a good Scotsman, I have avenged upon Ralph Ever the defaced tombs of my ancestors ; they were better men than he, and I ought to have done no less ; and will he take my life for that ? Little knows King Henry the skirts of Kernetable. I can keep myself there against all his English host' * The following passage from Leyden's ' Scenes of Infancy ' is in allusion to the Battle of Ancrum : — ' From Ala's banks to fair Melrose's lane, How bright the sabre flashed o'er hills of slain. — I see the combat through the mist of years — When Scott and Douglas led the Border spears, The mountain streams were bridg'd with English dead ; Dark Ancrum's heath was dyed with deeper red ; The ravag'd Abbey rung the funeral knell, When tierce Latoun and savage Evers fell ; Fair bloomed the laurel wreath by Douglas placed Above the sacred tomb by war defaced. Hail, dauntless chieftain ! thine the mighty boast, In scorn of Henry, and his southern host To venge each ancient violated bust, And consecrate to fame thy fathers's dust.' The victory gained by the Scots at Ancrum Moor was not followed by any permanent good result to them. It procured them a few months' respite, raised their drooping spirits for the time, and restored their confidence in themselves, but they had also roused the ire of their implacable and powerful enemy, who could not brook opposition. Hertford was again sent to Scotland to avenge the deaths of Evers and Latoun. He marched at the head of a large army composed chiefly of foreign mercenaries, whom he judged better suited to his purpose than Englishmen, who could not be depended on to execute the deeds of wanton destruction expected of them in this mission. The English Borderers, Hertford remarks, will not willingly burn their neighbours.! Their reluctance might not proceed * Tytler's 'History of Scotland,' vol. v. p. 383. t State Papers (Henry VIII.), vol. v, p. 523, and Burton's ' History of Scotland,' vol. iii. p. 24. I 72 Upper Teviotdale and the Scotts of Buccleuch. from humanity so much as from fear that they might be exhausting the mine from which they hoped to dig valuable ore for themselves, or, perhaps, it occurred to them that the Scotch might levy a heavy indemnity for all this destruction on their barns and sheepfolds across the border. The expedition set out in the month of September, just after the harvest had been gathered in, Hertford thinking this the best time; for he wrote, 'the corn being then ripe and shorn, by reason thereof we shall have the better opportunity Upper Teviotdale and the Scott s of Buccleuch. 173 to destroy the same, which will be no little annoyance to them, and cause them to live in the more penury all the year after.* The work of devastation then re- commenced with greater severity ; the ' shells ' and houses which had been rebuilt were again burned down, and the abbeys once more spoiled by the sacrilegious hands of Hertford's mob. Kelso was one of the first places visited, and on the nth September 1545, an attack was made on the abbey, in which were about one hundred persons, including twelve monks. The besiegers opened fire, and a breach being soon made, the soldiers rushed in, but found the garrison had retired to the strong square tower of the church, part of which is still standing. Here again the assault was continued till night coming on the besiegers were obliged to desist. About a dozen of the Scots, favoured by the darkness, got out of the tower by means of ropes, and succeeded in making their escape. In the morning the attack was renewed, the tower quickly taken, and all the Scots within slain. It had been proposed to fortify the conventual buildings, and place an English garrison therein, but this Hertford found could not be done, the materials at hand not being suitable, and he therefore resolved to raze and deface the buildings, ' so as the enemy shall have little commodity of the same.' Making Kelso his head- quarters, he sent out parties to devastate and burn the country round. In a despatch dated from Kelso, he wrote, ' tomorrow we intend to send a good bande of horsemen to Melrose and Dryburgh to burn the same, and all the corns and villages on their waye, and so daylie to do some exploytes here in the Mcrshe, and at the end of the said five or six days to remove our campe and to march to Jedworth to burn the same, and thus to marche through a great part of Tyvydale, to overthrough their pyles and stone houses, and to burn their comes and villagcs.'t As this programme was ruthlessly carried out, the raid was quite as de- structive as any which had preceded it. There was not so much spoil carried off, for the simple reason that there was little left to take, but a great quantity of corn was burned ; for it had been an abundant harvest. Hertford reported that they had ' burnt and destroyed suche a deale of come, as well in townes and lying in the ficldcs, as also hidde in woodes and caves, that the Scottes seye them selves, that they were never so brent scourged and punished in no journey, and that they receyved not half so moche losse and detryment by the last journey that was made to Edinburghe as they have don by this. Surely the country is very fayre, and so good a come countrey * State Papers, Henry VIII., vol. v. p. 492. t /*. vol. v p. 515. 1 74 Upper Teviotdale and the Scotts of Buccleuch. and such plenty of the same, as we have not seen the more plenteous in England : And undoubtedly there is brent a wonderful deale of come, for by reason that the year hath been so forward, they had done moche of their harvest, and made up their corn in stackes about theyr houses, or had it lying in shocks in the fields, and none at all left unshorn, the burnyng whereof can be no little ympoverishment to them, besides the burnyng and spoil of their houses ; as when the journey is ended, we shall make your majesty a full declara- tion of the whole.' * The ' declaration ' followed in due course, stating that they had burned and de- stroyed seven monasteries and friars' houses, sixteen castles and towers, five market towns, two hundred and forty-three villages, thirteen mills and three spittals, and had laid all the country waste on the Tweed, the Teviot, the Jed, and neighbour- ing districts. Hertford adds, 'we wolde lytell have thought to have found so fayre a country in Scotland. 'f It has been generally supposed that the destruction of the Border abbeys was due to the religious zeal of the Scotch reformers, but Hertford saved them the trouble, by reducing these noble edifices to ruins five years before the Reforma- tion in Scotland, and they now remain very much as he left them, except that nature, with loving and graceful touch, has clothed the smoke-blackened walls with bright green mosses and other forms of beauty, and hung the shattered towers and broken arches with ivy. Hertford having laid the Borders waste, and done all the injury he could, found himself at last subdued by a foe of his own creation — hunger. Having burned the corn and destroyed all the food in the district, he was obliged to retire, because no provisions could be procured wherewith to sustain his army. The condition of the poor country people left behind was pitiable in the extreme. Their dwellings burned or pulled down, and famine staring them in the face. Like the Israelites of old, ' they had cleanness of teeth in all their cities, and want of bread in all their places.' The deplorable plight in which the Borderers were placed, excited general commiseration, and the government found it necessary to render assistance to those who had suffered most severely.^ It was also decided that a body of a thousand horse should be stationed on the Borders for the defence of the realm against 'our auld innymies of Ingland,' and that they should be maintained by a general tax of £16,000 over the whole country. In 1546 about a year after Hertford's last raid on the Borders, Henry * State Papers, Henry VIII., vol. v. p. 523. f lb. p. 515. % Register of the Privy Council, vol. i. p. 19. Upper Teviotdale and the Scotts of Buccleuch. 175 VIII. died. On his deathbed he earnestly urged that the war with Scotland should be continued, and expressed his opinion that the Scots would at length be compelled to consent to the marriage. Hertford was made Duke of Somerset and Lord Protector of the Kingdom in the name of his nephew Edward VI. He resolved to carry out the wishes of his late master, and soon set about collecting forces for another invasion. The Scotch being, as Wharton said, ' reduced to great beggary ' by the long wars and the great losses they had sustained, the English thought they could make but feeble resistance, and by one decisive blow they hoped to have them at their mercy. Meanwhile rumours of the Lord Protector's purpose reached Scotland, and Arran, the Governor, began to make preparations for the defence of the country. A proclamation from the Governor and the Lords of the Council was issued, warning the people that their ' auld inemies of Ingland are in reddynes with a navy of Inglis schippis to come and invade the realme, and to land upon sum partis of the samin and to birne, herry, slay, and destroy the liegis of the samin, lik as they have done in times by-past;' therefore, all men between the ages of sixteen and sixty were commanded to hold themselves in readiness to assemble on eight days warning for the defence of the realm. The people were also forbidden to flee from their homes on the approach of the enemy ; for it was thought more expedient that every person, both in burgh and landward, should ' remain and dwell at his awin house, and nocht to remove himself or his gudis thairfra, because my Lord Governor is determit and declairs that he will defend this realme and liberty thairof, and wair* his life thereupon, with the help of God, and the noblemen and subjects of the same.'t Again carefully choosing their time, immediately after harvest in September 1547, an English army, consisting of 15,000 men, crossed the Border and marched direct to the capital, and the fleet sailed for the Forth. The result was the battle of Pinkie Cleuch, where the Scots sustained a disastrous defeat. After their victory, the English devastated all the neighbouring districts on both shore of the Forth. The Scots, though smarting under their crushing defeat, were as obstinate as ever regarding the alliance, and Somerset, though victorious, was baffled in the object he sought to attain. He was determined, however, to secure some permanent advantage. He had long entertained a project to maintain an * Spend. f Register of the Privy Council, vol. i. p. 73. i 76 Upper Teviotdale and the Scotts of BuccleucJi. English garrison in some of the strongholds on the Scottish Border, for the purpose of keeping the district in subjection, and he thought the opportunity favourable for carrying out his design.* With this object he surrounded Hume castle, which was held by Lady Home in the absence of her lord, who was lying dangerously wounded in Edinburgh. Somerset had no time to waste over a siege, and by a cruel expedient he forced the lady to give up the fortress. Her eldest son was a prisoner in the English camp, and Somerset ordered him to be brought bound in front of the castle, and threatened to hang him before his mother's eyes if she did not instantly surrender. Lady Home, though a brave woman, was no Spartan mother, and the castle was delivered up. Leaving a body of men in Hume castle, Somerset next proceeded to the ancient castle of Roxburgh, which, though then in ruins, he thought might be easily strengthened and repaired, and made suitable to receive a garrison. The gaps in the walls were filled with turf, a trench was dug and a wall erected, and so anxious was Somerset to have the work completed as quickly as possible, that he himself laboured at it with his own hands, most of his officers following his example, and in a week the castle was ready for occupation. The English had made another destructive raid on the west Border simultaneously with the invasion from the east, when they took Castlemilk, burned Annan, destroyed the church and steeple, which had been stoutly defended, overran and harried Annandale, Nithsdale, and Galloway, and com- pelled most of the inhabitants to take the oath of fealty to Edward VI. Not long afterwards, however, Wharton with 3000 men, was defeated in a raid in the same district, when the assured \ Scots in his army, like those at Ancrum Moor, tore the red badges from their arms, and deserting the English, joined their own countrymen. While he remained on the Borders, Somerset received the submission of many of the leading men on the east Marches, who, in order to secure the protection of England for themselves and their followers, and avert further calamities, took the oath of fealty to Edward VI. J The Earl of Bothwell proposed to deliver up the eastle of Hermitage to Edward VI., on condition that the Duke of Somerset would find him a wife in * State Papers, voL v. p. 454. t Scots who had sworn allegiance to the English King, or had entered his service, were said to be in the assurance, or under the protection of England, and were called the ' assured Scots.' X Ridpath's ' Border History,' p. 387. Upper Teviotdale and the Scotts of Btucleuch. 177 England, and suggested the Lady Mary, or the Lady Elizabeth, the King's sisters as suitable ; or, if his Grace would allow him a hundred soldiers, he would not only deliver up the castle, but become King Edward's servant.* Buccleuch had not given in his submission when Somerset was on the Borders, but some pressure was brought to bear upon him, and about two months later, on 2 1st November 1547, Grey writes to Somerset that he had letters from Buccleuch offering to serve his Majesty. Grey appears to have had doubts of Buccleuch's sincerity, for on the 5th of January following, he. writes to Somerset that he will show himself a vigilant and cruel enemy to the Laird of Buccleuch if he breaks faith with him.t Grey's suspicions were well founded, Buccleuch remained obstinately opposed to English influence, and a week later Grey fulfilled his threat by attacking ' Buccleuch's house at Newark,' burning the town, and seizing 3000 sheep and 400 cattle. + The punishment of Buccleuch was a matter of considerable importance, and Grey appears to have received special instructions on the subject from Somerset, who apparently wished to have him taken prisoner. He reports on the 25th Januarys that' -he had . appointed Sir Oswald Wolstropp, Knight, with three hundred light horsemen, to remain at Jedburgh, and on the Lord of Buccleuch repairing at any time, to his house at Newark, he intended id; beset the same until a gredter power should come, and he hoped -to starve Buccleuch into surrender, and present both him and the house to the Lord Governor. || Two days afterwards, on the 27th January 1547-48, Lord Grey as Lieutenant, Lord Wharton Warden of the west March, and Sir Robert Bowes, Warden of the middle March, when ad- dressing Somerset from Warkworth, reported that nothing could be done at Branxholme except the winning of the castle, and that that was impracticable without cannon. § f< .:• It is quite clear that the English had no portable artillery; they, therefore, did not attack Branxholme, but made a most destructive foray on the Buccleuch lands. -•' ■ '■ <■- On the 9th of February, Grey wrote to Somerset from Warkworth, the following account of a journey lately taken by ' Sir Rauffe Bulmer, Sir Oswald Wolstropp, Bagshott a servant of mine (Greys) with haAutters on horseback, etc., and others that lay at Jedworth, and some of the footmen at Roxburgh, which company * Calendar of State Tapers, Scotland, vol. i., Edward VI., p. 67. - f &• vol. '"•. No 3. % lb. No. 12. || lb. vol in., No. 22.* § lb. No. 23. A A 178 Upper Teviotdale and the Scott s of Buccleuch. took their journey on Sunday* late at midnight towards Hawycke and comyng within a myle of the same, put forth a forrey who ranne up the water of Slettricke and burned the towns and houses that thereafter be named, as Hoble Knowes (Hummelknowes) Galleslande (Hillisland) being Clement Crosers, Whyghtlaw, and Lytle Whetlawe the Larde of Bowcloughes. Thornebogg, Marten Crosers, Askerknowe (Acreknowe), Cokes, John Crosers, Torne, Wenerton and Foulerawe being the Larde of Gledstones. All which towns houses and come war burned to the harde grounde by the forrey. The towne of Hawick was also burned by the footmen both houses and corne save only the towars of stone which they colde not gett, they burned a towar of a Prestes called Sir James Yonge, who did resiste and shott ii. hackebuttes att he footmen, which Priest was burned in the towar and tenne other with hym, there were also slayn in Hawick ii men. They burned in Hawick a house of the Lorde of Bucloughss, and a fyne bed of Flannders making, at wch burnyng one Wyllm Skott cam in and yelded his house and so have him prysonner. They burned in Hawick iii towers of stone. John Crosyer with above xxx others of the best sorte thereawayes are taken prysoners, also there war gotten xxiii score shepe, goots iiiixx (80), note (nolt) six score wch they imparted more largely to that countreyth men, thereby increase there desyres to serve. ' The towers of stone referred to, were the strong pend houses, as they are called, which were built at the different Ports for the defence of the town, and on opposite sides of the street at right angles to each other. These pend houses were of the same construction as the Peel towers, which were common in country districts. The walls were of great thickness, sometimes about half the space on which the house stood was occupied by its walls. The ground floor consisted of a low vaulted chamber called the pend. The only access to the upper floor was by an opening about two feet square in the centre of the arched roof, and through this aperture the inmates ascended by means of a ladder, which could be drawn up after them, and the space covered by a strong wooden door, or sometimes by a flat stone. The vault on the ground floor was also secured by a door fastened by a bolt held by iron staples. There were small narrow windows set in the thick walls, and the roofs were covered with thatch. These houses were calculated to offer a stout resistance to attack, and could not be overthrown except with powder, or with a very great amount of labour. When the town was burned, the pend houses were little the worse except for the doors and the thatch, which were easily restored. It would appear that Buccleuch possessed a house in Hawick ; but it must not be confounded with the Baron's Tower, which belonged Drumlanrig. The feud between the Scotts and the Kers had never been healed, but had * This must have been Sunday the 3d, as Grey's letter was dated the 9th, which was a Saturday. The above interesting account of the burning of Hawick has never before been in print. It was extracted from the MSS. in the Record Office, by Mr Armstrong, author of the History of Liddesdale, and communi- cated by him to W. Eliott Lockhart, Esq. of Borthwickbrae, to whom the writer is indebted for it. Upper Teviotdale and the Scotts of Buccleuch. 179 been in abeyance during the late disastrous years, when they united to resist a common foe. In obedience to an order of the Lords of the Council in 1545, Ker of Cessford, Ker of Fernihirst, Douglas of Cavers Sheriff of Teviotdale on the one part, and Walter Scott of Branxholme and Trumble of Bedroul, Cranston of that ilk, Turnbull of Mynto and others on the other part, bound themselves, i"8o Upper Teviotdalc and the Scotls of Buccleuch. with all their kin, friends and followers, to suspend all hostilities, and not to injure each other, that they shall be ' unhurt, unharmit, unpersewit, and untroublit, athir of them by utheris in thair persons, lands, rowmes, possessionis, and gudis, induring the tyme of this present weir betwix the realms of England and Scot- land,' excepting that they reserved the right to pursue by civil action in the law courts. They also bound themselves to be loyal to the Queen and her authority, to exert themselves against their English enemies, whom they were never to assist in any way, but oppose to the utmost of their power, and uphold the freedom and independence of Scotland with their lives.* There was nothing heard of the feud for the next two years ; but after the battle of Pinkie, the Kers broke faith by taking the oath of allegiance to Edward VI., frequently visited the English garrison at Auld Roxburgh, and were believed to be in league with Lord Grey against Scotland. In October 1548 Walter Ker of Cessford, John Kcr, and Mark Ker of Fernihirst, were apprehended by the order of Arran, the Governor of Scotland, and committed prisoners to Edinburgh Castle. It was suspected by the Kers that Buccleuch had given some information which caused their arrest, and it was probably for this reason that the feud broke out with renewed fury. Immediately after the arrest of his kinsman, Andrew Ker, brother of Cessford, rode to Roxburgh, and setting forth his complaint against the Scotts, desired Lord Grey to make a foray on their lands. This Lord Grey very willingly agreed to, for it was politic to espouse the quarrels of the assured Scotts, especially when directed against one so obnoxious as Buccleuch. The Kers, with a large body of English, set out on their expedition in October 1 548, and ' coming to the water of Aill they burned, pillaged, and destroyed the corn, goods, and houses of the inhabitants, pertaining to Walter Scott and his friends.' On the Monday following, Lord Grey and the Kers again set out and burned, harrit, and destroyed the town of Hawick, and all the towns, manses, and steadings on the waters of the Teviot, Borthwick, and Slitrig, belonging to Sir Walter Scott. About a week later they burnt, harrit, and destroyed on the waters of Yarrow and Ettrick, every place belonging to Buccleuch. The Dowager Lady Buccleuch was living in the tower of Catslack, which the Kers surrounded, set fire to it, and burned the old lady to death. She was one of the Kers of Cessford, aunt or grand aunt of the leader of the Kers, but the fact that she * Register of Privy Council, vol. i. p. 22. Upper Teviotdale and the Scotts of Buccleuc/i. 1 8 1 was the mother of Buccleuch obliterated all ties of kinship. Selkirk also received a visit from these ruthless spoilers, who burned and harried the town for no other reason than that Buccleuch was Provost. They likewise burned the castle of Newark, killed four of the servants, and burned a woman inside the tower. Walter Scott took legal proceedings against the Kers for these cruel outrages, and they were summoned to appear before the Lords of the Council to answer for their crimes, but burning and spoliation were of such common occurrence that the case excited very little notice. In 1550, after peace was restored and the English expelled from Scotland, the Earl of Arran ' the Regent of Scotland ' came to the Borders to see what could be done to improve the condition of those who had been harassed and plundered during the wars, and he restored their lands and privileges to those who had been deprived of them. In order to provide for the maintenance of peace and good order, he placed responsible persons in charge of the various districts. Sir Walter Scott, his son William and nine others, all of the name of Scott save one, bound themselves to do their utmost to help and cause to be kept good rule and tran- quillity within their bounds. They undertook to prosecute and punish all who should break the law, and also to seize and bring to justice all criminals seeking refuge within the lands over which they held jurisdiction. In the spring of the following year, Buccleuch was invested with still greater powers. He was made Governor-General and Justiciar of all Liddesdale. He was to hold her Majesty's justiciary courts, either at Hawick or Branxholme, with full powers to punish transgressors, and to proceed against offenders as he should deem expedient. He was also invested with the office of Warden of the middle Marches of Scotland, with full authority for summoning courts, appointing judges, and so on. He did not long enjoy these offices of trust and honour, for in less than two years he was murdered by the Kers. Whether the Kers had received any fresh provocation or not cannot be ascertained, neither is it known whether the murder was a pre- meditated act of revenge, or a sudden impulse suggested by a favourable but accidental opportunity. On the night of the 4th of October 1552, Sir Walter Scott, alone and unattended, was walking quietly down the High Street of Edin- burgh, when he was attacked by a party of the Kers and their friends. They rushed suddenly upon him, and allowed him no opportunity of defending himself. Hume of Coldenknows thrust his sword through his body, calling to Ker of 1 82 Upper Teviotdale and the Scott s 0/ Buccleuch. Cessford to strike for his father's sake. He then cast the body into a booth saying, ' lie there with my malison, for I had rather gang by thy grave nor thy door.' Two servants of the Kers passing soon afterwards, and finding him not quite dead, struck him three or four times through the body, stripping him of his cloak and bonnet, which they carried off. They were met and questioned by the Bute Herald, to whom they replied that there was ' ane lad fallen,' a circumstance apparently of such small consequence, that the Herald gave himself no further trouble about the matter. Cessford and his accomplices were able to procure horses and make their escape from Edinburgh before it was known that the ' lad ' who had ' fallen,' was no other than the chief of Buccleuch. A man who held an honoured position in the government of his country, whose word was potent for life or death on the Borders ; who was both respected and feared, whose name was associated with many brilliant warlike deeds, who had been staunch and true to his country when many had been false ; a brave man and a powerful chief, had been foully murdered by cowardly assassins, and flung into the booth from which the affrighted huckster had fled at the noise of strife. The body of the murdered knight was brought to Branxholme, and was buried in the church of St Mary's at Hawick. ' In sorrow o'er Lord Walter's bier The warlike foresters had bent ; And many a flower, and many a tear, Old Teviot's maids and matrons lent, But o'er her warrior's bloody bier The Ladye dropped nor flower nor tear ; Vengeance, deep-brooding o'er the slain, Had lock'd the source of softer woe ; And burning pride and high disdain Forbade the rising tear to flow.' The Lady Buccleuch was not one to sit down and weep womanly tears over the bier of her slaughtered Lord. To nurse schemes of revenge was more consistent with her stern character. Nor would she have feared to execute vengeance with her own hand. Shortly after her husband's death, she rode at the head of an armed body of two hundred Scotts to the Kirk of St Mary of the Lowes, in Yarrow, and broke open the doors of the church, and seized the Lord Upper Teviotdale and the Scott s of Buccleuch. 183 of Cranstoun, who had in some way incurred her displeasure. She was accused before the Justice of this exploit, but by a warrant of the Queen the proceedings against her were stayed.* She was a daughter of John Beatoun of Creich, and a cousin of the well known Cardinal Beatoun. She is thus described in the ' Lay of the Last Minstrel,' ' Of noble race the Ladye came, Her father was a clerk of fame, Of Bethune's line of Picardie. He learned the art that none may name, In Padua, far beyond the sea. Men said, he changed his mortal frame By feat of magic mystery. ' ' And of his skill, as bards avow He taught that Ladye fair Till to her bidding she could bow The viewless forms of air. ' She enjoyed the dangerous and evil reputation of dealing with the occult mysteries of witchcraft, and was supposed, by this means, to have influenced Queen Mary's attachment to Bothwell. Froude calls her the infamous Lady Buccleuch. As was to be expected, the murder of their chief roused more fiercely than ever the feud between the Scotts and the Kers, and a feeling of enmity filled the breast of every Scott, from the Lady to the humblest of the clan. It was not forgotten how the Kers had brought in the English to lay- waste the possessions of the Scotts, or the cruel death they had inflicted on the aged mother of their late Lord, and they were marked out for vengeance. The Kers were declared rebels, and their sentence of outlawry was rigidly enforced, and the clan was reduced to great hardships. A petition was presented to the Governor and Council, signed by the Kers of Cessford, Fernihirst, and the Hirsel, praying for some remission of their sentence. Their houses, possessions and goods had all been seized, and they had nothing wherewith to sustain themselves and their families, unless they stole and plundered ; and being ' at the horn ' they dared not resort to their friends, but lay in the woods and fells, their enemies daily sought and pursued them, so that none dared for fear of their lives come to kirk or market, and unless there was * Fraser's ' Scotts of Buccleuch,' vol. i. p. 123. 184 Upper Teviotdale and the Scotts of Buccleuch. some compassion shown them, they and theirs would be brought to perpetual ruin.* In answer to this petition the Council remitted the sentence of outlawry, hut. those directly implicated in the murder of Sir Walter Scott received a sentience of banishment. And further,. it was enacted that one or two gentlemen of the Kers, who were the Queen's loyal liegemen, should raise from their kin and friends one hundred horsemen well furnished, to go to France with the general, along with others to be raised in the realm ; the Scotts, their friends and allies, being excepted. It was obviously the object of the Council to put an end to the feud by separating the contending parties, and the exception of the Scotts was a wise precaution. Had any of them joined the expedition jt would only have removed the scene of their hostilities from Scotland to France. In reference to this wretched feud, Sir W. Scott writes — ' Can piety the discord heal, Or staunch the death-feud's enmity? S 1*.] ..*. "' Can Christian love, or patriot zeal? > . . Can love of blessed charity? No ! vainly to each holy shrine, In mutual pilgrimage they drew, ' • • ' S'.\ Implored in vain the grace Divine, .'*, - For chiefs, their own red falchions slew, While Cessford owns the rule of Carr, While Ettrick boasts the line of Scott, The slaughtered chiefs, the mortal jar, CitJ >fi The havoc of the feudal war, I »o * I Shall never, never be forgot. ■ . An allusion is made in these lines to the bond entered into between the Scotts and the Kers in 1530, to perform a mutual pilgrimage to the four principal places of devotion in Scotland, viz., Scone, Dundee, Paisley, and Melrose, to pray for the souls of such of the other party as had fallen in the battle at Melrose. * 'Scotts of Buccleuch,' vol. i. p. 119. CHAPTER VIII. Fierce as the wolf, they rushed to seize their prey, The day was all their night, the night their day, Or, if the night was dark, along the air The blazing village, shed a sanguine glare. Theirs was the skill, with venturous pace to lead Along the sedgy marsh, the floundering steed. To fens and misty heaths conduct their prey, And lure the blood-hound from his scented way.' LEY DEN. ' Wha daur meddle wi' me, And wha daur meddle wi' me ; For my name is little Jock Elliot, And wha daur meddle wi' me ' Border Ballad. Thf; murdered chief of Buccleuch was succeeded by his youthful grandson, his eldest son Sir William Scott of Kirkurd, having died a few months before his father. The eldest son of the late knight of Branxholme, who was known by the soubriquet of ' Whitecloak,' * had been associated with his father in all the exploits which distinguished his later life, and in the determined hostility which he bore towards England. He made frequent raids across the border, sometimes in company with his father, at other times by himself, at the head of his retainers and friends. In a letter from the English Warden to Henry VIII. he is thus mentioned,t ' As touching the state of your Grace's Borders, the same continueth in such terms as in my former letters I have advertized your Majesty, and our neighbours of Scotland hath done but little harm unto us since the death of their king. But this day I was informed that the Lord of Buccleuch's son was yesterday, in the morning, within your Grace's realme, with an hundred horses, but they had no leisure to carry neither prisoner nor booty away, and since that he hath begone, I trust his father and he to, shall repent it, or it be long. 'J In the presence of the Lord Governor and the Parliament which met at Linlithgow in 1545, Sir William Scott, and other Border proprietors, took the burden upon themselves, their kin, friends and retainers, setting aside their private * Satchells. t State Papers, vol. v. p. 241. J //>. vol. v. p. 241. BB 1 86 Upper Teviotdale and the Scotts of Bucclciich. feuds and causes of quarrel, 'to concur together' against their enemies oi England, and to resist all Scots traitors, and thieves from rieving and stealing within the realm ; to join together at all frays and followings, by night or by day, to take part with all others assured, that they would do no injury to each other.' Those who failed to keep these engagements were to be held guilty of ' perjury and infamy, and of never being reputed an honest man, nor admitted into honest company, but to be held odious and abominable, as breakers of their faith.' This assurance was signed by Walter Ker of Cessford, Wylzem Scott, John Ker, John Rutherford of Hunthill, Nychol Rutherford of Hindole, and Wm. Douglas. By a bond of man-rent, dated 1549, granted to Mary, Queen Dowager of Scotland, Sir William Scott bound himself 'to do such service as she should require of him to the uttermost of his power, for advancing the authority and liberty of the realm, and also in all her Graces affairs, against her enemies whom- soever, and especially against the auld enemies of England, and all others, their partakers and defenders, disturbers of this realm.' Sir William's name also appears with his father's and eight others of the name of Scott, along with Robert Elliot of Redheugh, in a bond they entered into in 1550, to assist the Regent in maintaining good rule on the Borders. It may be remarked, that with the exception of Sir Walter Scott and his son, none of the subscribers could write their names, which were adhibited for them by a notary public. Sir William Scott died at Branxholme at the early age of thirty-two. He married Grissel Beatoun, a sister of his father's third wife, and left a son and three daughters. This son, who was only three years of age at the time of his father's death, inherited his grandfather's title and estates a few months later. It is this youthful chief that the 'Last Minstrel' describes, as he 'pursued his infant play' in the hall at Branxholme, among the retainers of his house — ' A fancied moss-trooper the boy, The truncheon of a spear bestrode, And round the hall right merrily In mimic foray rode.' It need hardly be said that Sir Walter Scott does not aim at historical fact in the ' Lay,' though it deals in the main with historical persons. Nor is the descrip- tion of Branxholme Hall intended as a true picture of the household of a Border Baron of the sixteenth century. Upper Teviotdale and tlie Scotts of Buccleuch. 187 ' Nine-and-twenty knights of fame, Hung their shields in Branksome-Hall ; Nine-and-twenty squires of name, Brought them their steeds to bower from stall. Nine-and-twenty yeomen tall Waited, duteous on them all ; They were all knights of mettle true, Kinsmen to the bold Buccleuch.' This splendid but exaggerated account of the feudal state maintained by the 'Barons of Buccleuch ' was doubtless suggested by the following passage from Scot of Satchells ' Family History' — ' The Barons of Buccleuch, they kept at their call, Four-and-twenty gentlemen in their hall, All being of his name and kin, Each two had a servant to wait on them.' The names of these gentlemen are then given, with the lands they held for their services. Twenty-three of these were Scotts, the twenty-fourth was Walter Gledstains of Whitlaw, described as ' a near cousin of my lord.' Among the Scotts was William Scott of Hawick, called ' Willie of the Moat,' brother to Walter Scott of Harden, who held the lands outside the West Port of Hawick, where the ancient moat stands. These gentlemen pensioners were not mere appendages to the feudal state and dignity of the chief. It was an absolute necessity in these times of violence that a Baron should be surrounded by stout and loyal vassals, who were devoted to his service. His castle walls might be- high and massive, but his security and chief dependence was placed on the strong arms and trusty swords of his faithful retainers. The number and strength of his following was the criterion of the power of a feudal Baron. Hence his pride in his armed retainers, whose service rendered his position secure, while his protec- tion was the reward of their service. ' Bellenden,' the gathering cry of the Scotts, could summon three thousand men to follow the banner of Buccleuch whenever and wherever required. The chief of the Scotts owned a very large tract of country in Upper Teviotdale, in Ale Water, in Ettrick Forest, and Selkirkshire, besides extensive possessions on the Kale, the Bowmont, and in the parish of Eckford, near the country of the Kers. The late Lord of Buccleuch had been appointed by the Abbot of Melrose, Bailie of Melrose, an office which was frequently accepted by the neighbouring barons on behalf of religious houses, for 1 88 Upper Tcviotdale and the Scotts of Buccletuh. the purpose of protecting the monks and defending their monastery against all hostile attacks, and managing their lands for them. For this service Sir Walter Scott had received from the Abbot of Melrose grants of the lands of Northhouse and Thirlstane. It was unfortunate when the chief of a numerous clan was a child, and the duties and responsibilities of his position devolved upon his next-of-kin, who not being the actual head of the house could not command the same un- questioning obedience. The circumstances under which the young chief of the Scotts succeeded to his inheritance were peculiarly disastrous. The murder of their Lord was doubtless felt as a personal injury and indignity by the whole clan, which the humblest member felt himself bound to avenge, whenever opportunity offered, not only on the murderers themselves, but on every individual of their name and kin. Thus the feud with the Kers had broken out with increased fury, till the Kers were obliged to appeal to the Lords of the Council for protection against the violence of the Scotts. An entry in the Register of the Privy Council of Scotland affords a curious glimpse of the legal procedure of the 16th century, and shows that the punishment of crime was sometimes a question of expediency, rather than of impartial justice. The question of the ' cruel and odious slaughter of the umquhile Sir Walter Scott, was brought before the Queen and Council, and was made the subject of discus- sion, the point at issue being whether it were best 'to punish the offenders with rigour or accept their offers.' After mature deliberation it was decided that ' in consideration of diverse inconveniences that might follow in case the cruel slaughter were punished, that they should be spaired, and resave them in the Lord Gover- nor's will to do as he shall think expedient for the common weal of the realme.' * Twelve years passed, the expatriated Kers had returned from France ; but the feud raged with undiminished fury, and threatened to end in mutual annihilation. The heads of the opposing clans, began to see that it was imperative that something should be done to effect a reconciliation. Sir Walter Ker of Cessford, acting for himself and Walter Scott of Buccleuch through his curators, entered into a bond, which included the principal members of their respective clans, with their families, that neither they nor any of their kin for whom they became bound, should pursue each other, nor any comprehended in the contract, criminally nor civilly, for any slaughter committed in time past, nor move action, * Register of Trivy Council of Scotland, vol i. p, 140. Upper Teviotdale and' the Scotts of Buccleuch. 1 89 nor bear hatred on that account, but should bury the same in perpetual oblivion, and live in perfect amity in all time coming.' It was, however, provided that Sir Walter Scott should be free to act as he thought fit in regard to Sir Thomas Ker of Fernihirst, and others of the clan, who declined to take part in the agreement, though required by the Laird of Cessford to do so. By that contract it was also arranged, that for the more sure removing of all enmity betwixt the contracting parties, Sir Walter Ker of Cessford should present himself on a given day, at the Parish Kirk of St Giles in Edinburgh, and there, in the forenoon, in sight of the people assembled for the time, reverently on his knees, ask God's mercy for the slaughter of Sir Walter Scott of Branxholme, and in like manner ask forgiveness of Sir Walter Scott and his friends, who should be present, and thereafter promise in the name and fear of God, that he and his friends should truly keep their part of the contract, and should stand true friends to Buccleuch and his friends in all time coming. Buccleuch promised to accept this submission, and in the fear to God to remit his grudge, and never remember the same.* In order to secure still more effectually the quenching of the feud, and the establishment of peace between the clans, contracts of marriage were entered into between the son of Ker of Cessford and the sister of Scott of Buccleuch, and also between Ker of Fawdonside and Janet Scott, aunt of Buccleuch. These individuals were all under age at the time of the agreement, but in the event of the death of one or other of the contracting parties, it was provided that a brother or a sister respectively should be substituted ; but, notwithstanding all precautions and provisions, they managed to evade their obligations, for the marriages never took place. It is a singular fact that Sir Thomas Ker of Fernihirst, the only one of the Kers who was excluded from all these bonds and contracts, and would do nothing to promote a reconciliation, was, after all, the one by whose marriage the families of the Scotts and Kers were united. The charms of Janet Scott, the sister of Sir Walter Scott of Buccleuch, effected what no arguments on the part of kin or friends could do ; and Sir Thomas Ker at last took the hand of Buccleuch in friendship, and the feud, as far as these two were concerned, was dropped out of remembrance, and they became firm friends and companions in arms. * Fraser'a ' Scotts of Buccleuch,' vol. i. p. 133. 190 Upper Teviotdalc and the Scotts of Bucclcuch. When the treaty of peace between England and Scotland had been signed, one of the first questions which engaged the attention of both countries was the division of the Debateable Lands. The district so named extended from the Solway Firth eastward, for ten miles towards Liddesdale, where it was bounded by the rivers Esk and Liddle. It varied in breadth from two to four miles, and comprehended the parishes of Canonbie in Scotland, and Kirk-Andrews in England. This large tract of country, which lay on the borders of both king- doms, was under the jurisdiction of neither. Both nations laid claim to all, or portions of it, but these claims had never been adjusted, and had been the subject of dispute for many years. This Debateable Land had become the refuge and haunt of broken men and outlaws, who having fled from justice, found a sanctuary in a district over which neither the English nor the Scotch Sovereign could exercise any authority. Holding all sorts of legal procedure in defiance, they openly made thieving and violence their daily occupation, to the great loss and annoyance of the surrounding country. It had been proposed to get quit of these ' noisome neighbours ' by extermina- tion, and Lord Dacre, by command of Henry VIII., wasted and destroyed the whole of Canonbie. But the thieves soon crept back to their old haunts, rebuilt their huts, and resuming their old habits, levied contributions on their neighbours, and were no whit improved by the castigation they had received. But the depredations committed was not the only evil caused by these robbers and outlaws. Which country was responsible for their outrages had frequently been the subject of dispute between the respective governments of England and Scotland. If their ravages were committed on Scottish territory, they could claim to be under English jurisdiction, and to demand redress from the English W'arden was to admit this claim, and virtually cede the Debateable Land to England. In the same way they could rob in England and shelter themselves under the wing of Scotland, while all the time perfectly independent of both countries, and they would join themselves to maurauding bands of either nation, as it suited their interest or convenience. This state of things grew to be such an intolerable annoyance, that at last it was agreed to divide the Debateable Land. The Lords of the Scottish Council in 1552, considering the 'attemptatis committit upon our Souerane Lady's puir leiges by thevis and utheris male- factouris, broken men, and the diverse murtheris and slaughteris committit be Upper Teviotdale and the Scotts of Buccleuch. 1 9 1 thaim in tyme bygane, and specialic be the inhabitants of the Debatabill Land, quha nichtlie, day, and continualie rydis and makis quotidiane reiffis and op- pressions upon the puir, and in lykmanner, all evill douris and faltouris resortis to the Debatabill Land, and quhatsumever fait thai commit thai ar welcum and ressett be the inhabitants thairof, and assistis and takis plain part with theif and tratour in their evil dedis, and na trew man offendit can git remeid, nor na trespassour can be put to dew punischment : The Debatabill Land and the inhabitants thairof, has been thir mony yeirs the occasioun of weris, and ay has beine the principall brekaris of the peace.'* The Lords of the Council therefore decided that it was better the land should be divided, and they accordingly appointed Commissioners to meet with the English Commissioners for that purpose. The Commissioners for Scotland were Lord Maxwell, The Earl of Cassillis, Sir James Douglas of Drumlanrig, and the Justice-Clerk (Bellenden). In arranging the settlement, the Commissioners were to be guided by their own judgment, and seeing that it was essential that the question should be decided, they were not to let minor difficulties stand in the way. With the exception of the lands of the Priory of Canonbie, which they held belonged to Scotland, and were therefore not to be under discussion, they were given the fullest powers to divide the land as they deemed expedient. The mode of division was a very- simple one, a line being drawn across the disputed territory, as will be seen by the annexed copy of a plan drawn by Henry Bulloch at the time, and engraved in the third volume of the 'National Manuscripts of Scotland.' The matter was not settled without some difference of opinion. The Scots drawing the line con- siderably to the south, and the English to the north of the ultimate boundary finally agreed upon, which extended from the Sark on the west to the Esk on the east, and was marked by stone pillars bearing the arms of England and Scotland, and placed on the north and south sides respectively. The division of the Debateable Land could not be expected to have any reformatory influence on the inhabitants of the district, which still, as in ' tymes bypast daily nurist ane great cumpany of thieves and tratours, to the great hurt and skaith of the honest liegis.' There was now, however, less difficulty in dealing with the thieves, for the boundary line between England and Scotland being definitely fixed, it was clearly understood how far the jurisdiction of the Wardens of each country extended, consequently people were no longer in doubt * Register of the Privy Council, vol. i. p. 119. 192 Upper Teviotdale and the Scotts of Buccleuch. I is 1 8 •■* 2 IS a cs o H U K 6- is o o K ■J ca •< 63 < 63 a o SB ■< 1 a 55 < o o * 1 ■ 1 I ri 4-— ,T^ fi I 1 II U4 a -) 1-! O H •t" 5 I 1 it ! ! i t 8 111. b ti E 9 I 1 1 11 li Mi II! til c o * -f < 6 * * Upper Teviotdale and the Scotts of Buccleuch. 193 as to whom they should apply for redress when an outrage was committed, or on whom rested the responsibility of pursuing and punishing the thieves. It may be interesting to notice that Sir James Douglas of Drumlanrig, who was one of the Commissioners appointed to arrange the division of the Debateable Lands, was the 'generous donor' who bestowed the common lands upon the burgh of Hawick. He was Warden of the West Marches in room of his nephew, the Master of Maxwell, who had resigned his office on the ground that it was too burdensome. The Castle of Lochmaben was lent to Drumlanrig for the conveni- ence of his office.* Though Drumlanrig was Lord Superior of Hawick, and took his second title from the town, he appears to have had little personal intercourse with the people of the district. His principal estates being in Dumfriesshire, his name is more frequently found in conjunction with the Maxwells and the Johnstones, than with the Scotts and the Kers of Teviotdale. In the earlier part of the reign of Queen Mary, the minds of the people of Scotland were occupied with the great struggle of the Reformation. The Roman Catholic party, backed by French influence, resisted the spread of the new doctrines with all their strength. But the Protestant party obtained the support of Queen Elizabeth, and continued the struggle with steady faith and unflagging energy, till it resulted in the complete triumph of John Knox and the reformers, and in 1561 when the young Queen returned from France, she found the reformed faith firmly established in her dominions. While the great religious controversy proceeded and absorbed public attention, the Liddesdale clans, perfectly indifferent to the creed of either Church, were pursuing their old nefarious trade with unabated rapacity and violence and ' Stole the beeves that made their broth, From England and from Scotland both.' While it was absolutely necessary to check their inordinate excesses, it was impolitic utterly to crush them, since their usefulness during a war with England could not be forgotten or ignored ; therefore, the task of maintaining order in Liddesdale was one of very great difficulty. During any great national struggle, when the reins of government were held with a slack hand, the thieves always became more daring and reckless, and a raid into Liddesdale to execute judgment on them was the necessary Register of the Privy Council, vol. i. p. 143. CC 194 Upper Teviotdale and the Scott s of Buccleuch. and invariable sequel to the settlement of all national quarrels or political difficulties. The executive power was not at all times strong enough to exercise a steady restraining influence on these rebellious subjects, and for generations the supreme authority had been manifested in a spasmodic intermittent fashion ; a period of laxity succeeded by a period of great severity, when hanging, drowning, and general spoliation forced the thieves into obedience. Then as the authority was gradually relaxed things fell into their old way, increasing laxity on the part of the government leading inevitably to greater temerity on the part of the thieves, till the culminating point of iniquity had again been reached, and another raid, with its summary punishments, spread terror over the district. But the thieves do not appear to have been deeply impressed with the majesty of the law. Its vengeance was a thing to be expected and endured like the storms of winter, but to avert it by any change of conduct on their own part was a course which did not occur to them. Those who suffered from the depredations of the thieves found that redress by legal process was both slow and uncertain, and they preferred to seek revenge and indemnification for themselves. Each clan might be called a confederacy for mutual defence, and the chief considered it his duty to protect the life and goods of the humblest of his name. The ballad of 'Jamie Telfer, of the fair Dod-head,' is a spirited description of the harrying by the Border rievers of Jamie Telfer's kye, and the subsequent raid to recover the stolen property. It was first published by Sir Walter Scott in the 'Minstrelsy of the Scottish Border,' and is described as an ancient Border ballad, but the editor does not say from what source he obtained it. It is doubtless one of these poetical traditions long current on the Borders, which were orally trans- mitted from generation to generation, and which, from their metrical form, were easily preserved in the memory. In the absence of any evidence of its real antiquity, but judging from the style and language of the ballad its date as a composition can hardly be older than the beginning of the eighteenth century. It may have been founded on an older one, but it has none of the characteristics of the more ancient ballad literature. The event which it recites may be placed about the year 1550, and the 'gude auld Lord' of Buccleuch referred to must have been the same who was killed in the streets of Edinburgh, as to none after his time could the title ' auld ' apply, till after the Union, when, of course, the Upper Teviotdale and the Scotts of Bucclench. 195 condition of things was completely changed, and stolen goods were recovered, and thieves punished in a legal and formal manner. Another proof that the event recorded in the ballad occurred about 1550 is that the ' gude auld Lord ' bade them call on Willie his son. Now, at that time, Sir William Scott was associated with his father in all his exploits, and the recovery of ' Telfer's kye,' was an expedition either of them would have undertaken with great willingness. The Dodhead, Sir Walter Scott says, is in Selkirkshire, but a study of the ballad will show that this is a mistake, because to reach Stobs, where Jamie Telfer first applied for assistance, he would have had to pass Branxholme and Harden. The whole description tends to prove that Jamie Telfer's habitation stood in a little upland valley, a few miles above Stobs, where the streams trickle down the hillsides and unite to form the Dod burn, a tributary of the Slitrig. Any one running for assistance would naturally go to Stobs first, as it was nearer than Branxholme, and a much more reasonable distance to ' run afoot ' than from Selkirkshire. The historical accuracy of the ballad cannot, of course, be depended upon, but there can be no reasonable doubt that it related to a real event which, allowing for some exaggeration of details, may be accepted as a fair picture of the marauding expeditions which were so common in the sixteenth century. We extract a few passages— ' It fell about the Martinmas tyde, When our Border steeds get corn and hay, The Captain of Bewcastle hath bound him to ryde, And he's ower to Tividale to drive a prey. ' " What tidings, what tidings, my trusty guide ? Nae tidings, nae tidings, I hae to thee ; But gin ye'll gae to the fair Dodhead Mony a cow's cauf I'll let thee see." ' And when they cam to the fair Dodhead, Right hastily they clam the peel, They loosed the kye out, ane and a', And ranshackled * the house right weel. * Ransacked. 1 96 Upper Teviotdale and the Scotts of Buccleuch. ' The sun wasna up, but the moon was down, It was the gryming * of a new fa'n snaw, Jamie Telfer has run ten myles a-foot Between the Dodhead and the Stobs's Ha'. ' And when he cam to the fair tower yate He shouted loud, and cried weel hie, Till out bespak auld Gibby Elliot — ' ' Whae's this that brings the fray to me ? " ' " It's I, Jamie Telfer o' the fair Dodhead, And a harried man I think I be ! There's naething left at the fair Dodhead But a waefu' wife and bairnies three." ' "Gae seek your succour at Branksome Ha', For succour ye'se get nane frae me ? Gae seek your succour where ye paid black mail, For, man ! ye ne'er paid money to me." ' Jamie has turned him round about, I wat the tear blinded his e'e, " I'll ne'er pay mail to Elliot again, And the fair Dodhead I'll never see ! " ' Jamie then turned to Tcviot-side, and coming first to Coltersclcuch, where auld Jock Grieve mounted him on a bonny black horse. He next proceeded to the house of another friend called ' William's Wat,' who called out — ' Oh whae's this brings the fray to me ? ' ' " It's I, Jamie Telfer o' the fair Dodhead, A harried man I think I be ! The Captain o' Bewcastle has driven my gear, For Godsake rise, and succour me." ' " Alas for wae !" quoth William's Wat, " Alack for thee my heart is sair ! I never cam by the fair Dodhead, That ever I fand thy basket bare." * Sprinkling. Upper Tevioldale and the Scott s of Bucclcuch. 197 ' He's set his twa sons on coal-black steeds, Himsell upon a freckled gray, And they are on wi' Jamie Telfer, To Branksome Ha' to tak the fraye. ' And when they cam to Branksome Ha', They shouted a' baith loud and hie. Till up and spak him auld Buccleuch Said — " Whae's this brings the fraye to me ? " ' "It's I, Jamie Telfer, of the fair Dodhead, And a harried man I think I be ! There's naught left in the fair Dodhead, But a greeting wife, and bairnies three." ' " Alack for wae ! " quoth the gude auld lord, " And ever my heart is wae for thee, But fye gar cry on Willie my son, And see that he come to me speedilie. ' " Gar warn the water, braid and wide, Gar warn it sune and hastilie, They that winna ride for Telfer's kye, Let them never look in the face o' me. ' " Warn Wat o' Harden, and his sons, Wi' them will Borthwick Water ride, Warn Gaudilands, and Allanhaugh, And Gilmanscleuch and Commonside." ' The Scotts they rade, the Scotts they ran Sae starkly and sae steadilie, And aye the ower word o' the thrang, Was " Rise for Branksome readilie." ' Ere long they came up with the kye, but the English would not give them up peaceably, and defied their pursuers. Then Willie Scott the leader of the party gave the word for the attack — ' Then til't they gaed, wi' heart and hand, The blows fell fast as bickering hail, And mony a horse ran masterless, And mony a comely cheek was pale. 198 Upper Teviotdale and the Scott s of Buccleuch. ' But Willie was stricken ower the head, And throw the Knapscap* the sword has gane, And Harden grat for very rage, When Willie on the grund lay slain. ' But he's tain aff his gude steel cap, And thrice he's waved it in the air, The Dinlay snaw was ne'er mair white Nor the lyart locks of Harden's hair. ' " Revenge ! Revenge ! " auld Wat gan cry, " Fye lads lay on them cruellie, We'll ne'er see Teviotside again Or Willie's death revenged sail be. ' O mony a horse ran masterless, The splintered lances flew on hie, But on they wan to the Kershope ford, The Scotts had gotten the victory. ' The captain was severely wounded and taken prisoner. The Scotts then pro- ceeded to Stanegirthside, where the captain dwelt, and his byres were broken open, and his kye driven back along with Jamie Telfer's, and — ' When they cam to the fair Dodhead, They were a welcome sight to see, For instead of his ain ten milk kye, Jamie Telfer has gotten thirty and three. ' And he has paid the rescue shot, Baith wi' gowd and white monie, And at the burial o' Willie Scott, I wat was mony a weeping ee' ' This graphic and picturesque account of a border fray, contains some inaccuracies which proves that it was written when such adventures were things of the past. ' Rise for Branksome readilie ' was never the gathering cry of the Scotts. 'Bellenden' was well known over all the Borders as the rallying cry of the followers of Buccleuch. But when it was no longer necessary to muster the clan in warlike array, it might easily be that the word which conveyed the summons * Headpiece. Upper Teviotdale and the Scotts of Buccleuch. 1 99 of the chief was forgotten. The Liddesdale peasantry had probably never heard of ' Bellenden,' and the poet invented a rallying cry, which occurred to him as probable. Nor was it possible for any one in Jamie Telfer's station to have paid the rescue shot either in 'gowd or white money,' — coin of any kind was exceedingly scarce on the Borders in the sixteenth century, and even Buccleuch himself might have had some difficulty in producing gold and silver money for any sudden emergency. But the rapid warning of the clan, and the ready alacrity with which they set out to rescue their neighbours' gear, was a true picture of these stirring times. Such exploits were cherished in the memory of the people, and idealised by the poet long after the events themselves had receded into the dim and distant past. It must be borne in mind that distance was necessary to bring out the picturesque features of such exploits, they were rough and prosaic enough to the people to whom they were an ordinary experience. There was little romance in having all one's possessions carried off, and having to rescue them at the risk of a bloody encounter. The aggressors were not always like ' the captain of Bewcastle,' from the other side of the Border. The Elliots, the Armstrongs, and the Croziers made constant ' herschips ' on their neighbours. Nor were the depredators confined to the members of the Liddesdale clans, ' Wat o' Harden,' the redoubtable hero of the ballad, was a Border laird of good standing, who is said to have lived on stolen beef from one year's end to the other. According to tradition, when the larder was empty, a dish containing a ' clean pair of spurs ' was placed on the table as a hint that it would be necessary to ride for the next meal. Harden's Peel stood on the brink of a steep bank, overlooking a narrow and deep glen, in the recesses of which the stolen cattle were sheltered. Shortly after Queen Mary's return from France, her attention was directed to the state of the Borders, and to the excesses which had reached the iniquitous maximum calling for special repressive efforts. In 1563 the Queen sent her half- brother James Stewart, whom she had created the Earl of Murray, to Jedburgh, armed with full powers, to proceed against the thieves, and to punish them as he thought fit. He summoned the nobles, freeholders, and fighting men, of the nearest counties, to attend him, and passing into Liddesdale, he took and burned several of their strong houses or peels ; hanged twenty-two of the most noted thieves, and took forty of them prisoners to Edinburgh to be tried there.* * Calendar of State Papers, Scotland, vol. i. p. 182. 200 Upper Tcviotdale and the Scott s of Buccleuch. In the month of November of the same year, he made another raid on the Borders. Acting on information he had received, he approached Hawick by a sudden and rapid march, and with his soldiers surrounded the town. It was the winter fair day, and the thieves were there in great force, but whether for pur- poses of plunder, or to dispose of their stolen cattle and goods does not appear. Probably the latter, for Hawick enjoyed the reputation of being a great centre of crime, where ' men who had been publicly outlawed walked abroad, deriding the terrors of justice.' * The presence of the thieves in Hawick on this eventful fair day was therefore nothing unusual. There was a sudden panic and commotion when the Earl of Murray appeared in the market place and caused a proclamation to be made forbidding any citizen, on pain of death to receive or shelter a thief. Fifty-three of the most noted out- laws were apprehended, and eighteen of them were drowned in a deep pool at the confluence of the Teviot and the Slitrig. This mode of punishment, which was not unusual, was adopted because of the lack of ' trees and halters.' Six more were hanged in Edinburgh and the others were either acquitted or imprisoned in the castle. This necessary severity had the effect of terrifying the people into sudden quiet, and the Borders enjoyed a short season of tranquillity. The inhabitants of Teviotdale and the middle Marches generally appear to have had themselves to blame, in a great measure for the disorderly state of the district, for they would take no active part against the thieves, and seemed rather to encourage and propitiate them. In 1564 Sir Walter Ker of Cessford, who was then Warden of the middle Marches, appealed to the Queen and the Lords of the Council, because the barons, and freeholders of the district would not attend the days of ' trew,' that is the March meetings, for settling disputes, etc., nor support him in the duties of his office, in maintaining order and good rule within his bounds, he complained that they 'abstract thair presence, makes na service bot in a maner lichtlies and esteemis the said Sir Walter of na gritter power nor ony uther common man, nochtwithstanding that he is her hienes officer and Warden, and occupies her place and authority in that part.'t By the authority of the Council, a proclamation was made at the market crosses of Jedburgh, Kelso, Hawick and Selkirk, warning 'all * Tytler's ' History of Scotland,' vol. vi. p. 302. f Register of the Privy Council, vol. i. p. 282. Upper Teviotdale and the Scot is of Buccleuch. 201 and sindry, baronis, landitmcn, gentlemen, and freehalders, and substantious yemen,' to attend the Warden when summond, and give him their assistance and support in the discharge of the duties of his office, and in case of negligence or failure to attend on the days of ' trew,' they would be liable to be punished by imprisonment at the pleasure of the Queen.* * Register of the Privy Council, p. 283. DD 202 Upper Teviotdalc and the Scotts of Buccleuch. In 1562 the Queen and Council summoned the chief members of the clans of the Kcrs and the Scotts, for the purpose of bringing their influence to bear on them for the healing of the feud, and inducing them to unite to quell the disturb- ances on the Borders. The young chief of Buccleuch was a boy of thirteen or so, and the matrimonial projects for the staunching of feud had not been propounded. The heads of the respective clans agreed to refer all disputes and causes of offence between them to arbitrars, whose decision they should accept, so that ' friendship, might continue among them in all time coming, and that the service of the Queen's grace may be done, as becomes true subjects.' In the meantime, they faithfully undertook, that 'ilkane of them alsweill, Scott with Ker, and Ker with Scott sail ryise, with utheris to all frayis and forrowis, and persew the theives, takaris of ather of thair gudis, as alsua of the gudis of the uther cuntra folkis, liegis of this realme to the recovering of the same, at the uter- most of their power ; and sua to pass ryid, and gang saiflie and suirlie throw uthers boundis, without danger or trouble, and gif ony of them fails therin, they sal be reknyt as participants with the saidis thievis and broken men,' and shall be punished as the Queen and Council may judge expedient.* A full reconciliation was effected shortly afterwards. The feud with the Kers was no soone/ at an end than the Scotts were at variance with the Elliots, the most powerful of the Liddesdale clans next to the Armstrongs. Their possessions were on the north-east part of Liddes- dale, nearest to Teviotdale, and the country of the Scotts. Martin Elliot of Braidlie, was the leader of the clan at this time, and he had 600 men under his command. The Elliots and the Scotts had been on terms of the greatest amity, and in the time of the late Lord of Buccleuch, the Elliots followed his banner in all great emergencies, but some cause of quarrel had arisen which occasioned a deadly feud. This is supposed ' to have been the slaughter of the Laird of Hassendean, which was committed by William Elliot of Horselyhill, and several accomplices, who were pursued by the Laird of Buccleuch as Queen's Advocate to answer for their crime on the 21st of October 1564.! Randolph, the English ambassador at the Court of Queen Mary, mentioned in a letter to Queen Elizabeth's secretary that he expected the Lords of the Council to be engaged all the next day, ' upon a great matter of controversy about a murder committed by the Elliots upon certain of the Scotts.' For this and other * Register of the Privy Council, vol. i. p. 215. t Titcairn's ' Criminal Trials, vol. i. pp. 2, 456. Upper Teviotdale and the Scotts of Buc clench 203 crimes, five of the Elliots were condemned, and three of them were taken to the Castle Hill by torch-light, and there beheaded.* The feud between the Scotts and the Elliots raged with increased bitterness after the trial in Edinburgh, and in the following spring the Elliots attacked the Scotts and killed a number of them, burned their houses, and carried off their goods and cattle. These disturbances on the Borders received secret encourage- ment from Sir John Forstcr, the English Warden. It was part of his policy to foster dissension and strife among the Scotch Borderers, because, as he shrewdly- remarked, ' the more they quarreled among themselves, in better quiet shall we be.' The Elliots who were the chief depredators, sought the protection of England, and their advances were favourably received by the Queen, and their outrages regarded as good service done to England. Acting under instructions therefore, Forster declined to aid the Scottish Warden to keep order, or to obtain redress for injuries, though bound to do so by the treaty made at the division of the Debateable Lands. Robert Elliot of Redheugh had been appointed deputy keeper of Hermitage castle in 1563, under an engagement to receive therein 'all malafactouris, to be kept suirlie,' under the command of the Earl of Bothwell, and to deliver the castle to Queen Mary when required, under a penalty of 5000 merks, Douglas of Cavers being his surety. The loyalty of Elliot of Redheugh was never called in question. Martin Elliot of Braidlie offered to deliver the castle of Hermitage into the hands of Queen Elizabeth, f but this offer was not accepted ; it was not in accordance with Elizabeth's policy to commit such an open breach of faith with Scotland ; so though she commended Braidlie's zeal for her service, she declined to accept this proof of his devotion. A war with Scotland did not seem a very remote con- tingency at that period. After Mary's marriage with Darnley, at which Elizabeth was much displeased, the sweet cousinly letters between the two queens had ceased, and there was no longer a pretence of cordiality between them. Com- plications on religious and other questions had arisen, and were assuming a dangerous aspect. The Earl of Murray was at the head of a party opposed to the Queen, and it almost seemed as if civil war was imminent. The English Ambassador, wrote to the Earl of Bedford at this crisis, urging him to let the English Borderers loose on their Scotch neighbours, and so keep them employed, * State Papers, vol. ix. Scot., Elizabeth. t Register of the Privy Council, vol. i. p. 240. 204 Upber Teviotdale and the Scotts of Buccleuch. which he said would cause the Queen and Darnlcy great distress.* But Queen Elizabeth was cautious, and had no desire to precipitate matters, and she declined to take the initiative in open hostility ; but she judged it prudent to encourage the Elliots in their excesses, and even rewarded them with large sums of money for their more notable exploits. They committed such devastation that the Scotts were obliged in self-defence to ask permission of the Council to take the law into their own hands, so to speak, and to take their revenge on the Elliots whenever they could find opportunity ; whereupon as a contemporary says, ' they are fallen into such disorder as they do daily, ride and make spoil, the one party upon the other.' In 1565 the Elliots, to the number of 300 made a great raid on the country of the Scotts, and burned and destroyed everything for ten miles round Branxholme, and killed many men besides women and children. In the same year the Earl of Bedford wrote to Queen Elizabeth's Secretary, Sir W. Cecil, that ' the Brodies have done great things of late in the burning of a town called Hawick, and are therefore to be considered.' f The ' Brodies ' here referred to were probably the followers of Elliot of Braidlie. There was no clan so named on the Borders, nor was there any English raid reported that year ; nor indeed any considerable marauding expedition, except that led by Elliot of Braidlie against the Scotts. Their depredations extended for ten miles around Branxholme, and must have included Hawick, which is within four miles. There is little doubt, therefore, that it was Elliot of Braidlie who was recommended to the liberality of Queen Elizabeth. It was, and still is the practice on the Borders to call a laird or farmer by the name of his estate or holding, and the 'Brodies' may have meant ' Braidlie's,' or Braidlie's followers. The orthographical mistake is easily accounted for, as proper names were spelt in a great variety of ways, often very wide off the mark. Braidlie and his followers received a hundred pounds — a large sum in those days — at Bedford's suggestion ; and no doubt they were identical with 'the Brodies ' who were to be ' considered ' for having burned 'a town called Hawick.' Next summer the Elliots again attacked the Scotts, and carried off great plunder. The Scotts quickly mustered, and set off in pursuit. They reached a place called Ewisdores, in Ewesdale, where four hundred men were lying in * Tytler's 'History of Scotland,' vol. vii. p. 2. f Illustrations of Queen Mary's Reign. Maitland Club. Upper Teviotdale and the Scotts of Bticcleuch. 205 ambush, while the other party decoyed them thither. A sharp encounter ensued, when the Scotts, who were far inferior in numbers, and being taken by surprise, were completely defeated, a number of them were slain, and sixty taken prisoners. The Elliots were highly elated with their victory, for besides gratifying their own private revenge, their exploits were warmly com- mended by the Earl of Bedford, and at his suggestion they received a reward of an additional ^50, and a promise of as much more if they continued to acquit themselves as they had been doing. In all these reprisals and transactions it is impossible to over-estimate the clever diplomacy of the Elliots, who obtained high commendation and substantial rewards for only fighting in their own quarrel, which they would have done in any case. These outrages had the effect which the English desired, of seriously harassing the Borders. As the English Warden declined to interfere to put an end to the disturbances, the combatants had no alternative but to fight it out, and settle their disputes with sword and spear. Sometimes one party, and sometimes the other had the best of it. At one time the Elliots were forced to take refuge in England. Shortly afterwards they seem to have become reconciled, for Sir John Forster writes, in the summer of 1566, that the Scotts and the Liddesdale men were now agreed to ride together, and spoil what they could in England. This can only have been a partial and very temporary reconciliation, as Bedford writes the same summer that the Ellwoods (Elliots) hold out well, and work still for the English. These and other disturbances on the Borders induced Queen Mary to hold a court at Jedburgh in person. It was at first arranged to be held in August, but on consideration that the people would be engaged with the harvest at that time, it was decided to defer her Majesty's visit till October, and she accordingly arrived in Jedburgh on the 8th of that month. A curious circumstance connected with the Queen's presence in Jedburgh is recorded in the Register of the Privy Council. It appears that the good folks of Jedburgh being anxious to make an honest penny out of the Royal visit, or perhaps having the thieving instincts of the Borderers developed in a different way, mulcted their visitors heavily in their charges for ' meat, drink, and lodging.' So much so that complaint was made to the Queen ' of the great exhorbitant. derth, rasit,and extorsioun usit, upoun the subjectis reparing thairto in her Hienes cumpany throw rasing of the prices of all kynd of viveries, quhairupoun hir Majestie was movit to call befoir hir and the Lords of hir Secreit Counsall, the 2o6 Upper Tcviotdale and the Scotts of Buccleuch. Provost and baillies of the said burgh, and to inquire of thame how all thingis wer commounlie sauld within the samyn befoir hir Majesteis arryving thairto ; quhilkis being considderit and conferrit with the prices presentlie standing, hir Majestic and Counsall foirsaid eftir gude avysement and deliberation, statutis and ordanis that during the tyme of the remaining of hir Hienes and hir cumpany within hir said burgh, the pint of gude aill to be na derare sauld nor vd., sexteen unce of fyne breid for iiii d. Ane mannis ordinar at the melteth, being servit with bruise beif, muttoun and rost at the leist, xvid., everie hors in stabilse in the xxiiii houris iid.' — and so on. Any one who infringed these regulations was to be brought before the court then sitting, and 'puneist with all rigour, as an exempill to utheris.' * Meanwhile the Earl of Bothwell was sent to Liddesdale with a com- mission to reduce the disturbances and punish offenders. The thieves being secretly encouraged by the English Warden treated Bothwell with open defiance, and the disturb- ances were increased rather than di- minished. Bothwell had, however, succeeded in taking several prisoners, whom he lodged in the castle of Her- mitage. When in hot pursuit of a party of the Elliots, in the eagerness of the chase he got a long way ahead of his company, coming up with John Elliot of Park, a noted marauder, he drew a ' dag ' or pistol and fired at him, wounding him severely in the thigh. The wounded man instantly turned on his pursuer, and attacking him with a two- handed sword bore him to the ground, and left him to all appearance dead. Though severely hurt, Bothwell was not killed, and soon reviving was carried to * Records of the Privy Council, vol. i. p. 489. Upper Teviotdale and the Scott s of Biicclench. 2 °7 Hermitage castle. This happened on the 7th of October the day before the Queen arrived at Jedburgh. She came there on the 8th, and opened her court, and was engaged uninterruptedly till the 15th hearing the different cases that were brought before her, and when her business was concluded she, in company with her brother Murray and others of her officers, rode to Hermitage castle. It is a pity for the sake of the unfortunate Queen that John Elliot had not struck a little harder when he was about it, and finished Bothwell, but except for what afterwards took place there was nothing extraordinary in the visit of the Queen to her Lieutenant, who had been dangerously wounded in the execution of his duty, and holding a conference with him on the state of the disturbed district, in the presence of the officers who accompanied her. She only remained two hours at the castle, and then set out on her return to Jedburgh. The Queen is believed to have travelled by way of Hawick, and tradition asserts that she made a short halt at Drumlanrig's tower, now called the Tower Inn, and a room where she rested for a little was afterwards, and is still called Queen Mary's room. The most direct route was the pass, called the Knott o' the Gate. Though nearer by several miles, it was through a soft boggy country, very dangerous for those not familiar with the district. By Hawick there was firm good ground the most part of the way, and what was of still more importance, it was through the country of the Scotts and others, who were wholly devoted to the interests of the Queen, and on whose fidelity she could rely. Assuming that she travelled that way, she must have ridden by Hawick moor, up the Dod burn to near Priesthaugh, and then entered Liddesdale by a pass at the head of the Braidlie burn, where it was very soft and marshy, and the Queen's palfrey stuck fast, at a place which is called the Queen's mire to this day. A part of a silver spur was found there some years ago, and is believed to be a relic of Queen Mary's disaster. The distance going and coming by Hawick was about forty-five miles, a good long ride certainly, but nothing remarkable for a lady so well accustomed to the saddle as Queen Mary was. She returned to Jedburgh the same night, and next day she was seized with a dangerous fever. Her illness was said by some to have been caused by the fatigue of her long ride ; but it is more likely that the cause was that assigned by her secretary Lethington, who in a letter to Beaton the Scottish Ambassador in France, ascribed her illness to distress of mind occasioned by the cruel conduct of the King, her husband. 208 Upper Teviotdale and the Scotts of Buccleuch. The fever ran its course with great violence for eight days, and her physicians despaired of her life. Mary herself believed that she was dying, and expressed her entire resignation to the will of God, and declared her constant mind to die in the Roman Catholic religion. She touchingly entreated her nobility in case of her death to remain in unity and peace with each other, employing their utmost diligence in the government of the kingdom and the education of her son. To the great joy of her attendants how- ever, she began to recover, but she seemed herself to have little desire to live, and said often to her attendants that she 'could wish to be dead.' The house in which she stayed when in Jed- burgh is still stand- ing. It is situated in a back wynd or lane which runs parallel with the High Street. A large garden ex- tends from the back of the house to the river, and the room occupied by the The tapestry which adorned the walls is Tff -r*-T.j* j»*!>*9p55 Queen looked out upon this garden, still preserved in the house. A few months after Mary's visit to Jedburgh, the tragic event which clouded her later life and brought her reign so soon to an end occurred. The murder of Darnley, and the dark suspicion of guilt attaching to the Queen, strongly excited popular feeling against her. Her marriage with Bothwell seemed still further to Upper Teviotdale and the Scot is of Buccleuch. 209 increase the disfavour with which she was regarded. Her imprisonment in Loch- leven castle, and her forced abdication in favour of her infant son, soon followed. These events and changes drew people's attention from more ordinary incidents, and involved the whole country in fierce party strife. During these troubles, the disturbances on the Borders increased ; for every sign of weakness in the government, and every cause of contention or turmoil was taken advantage of by the lawless clans, who throve on the nation's distresses. The thieves grew bolder than ever, and extended the field of their operations. In April 1567, Forster writes that the Liddcsdale men 'had spoiled the town of Biggar, never spoiled before,' and have taken great substance of ' coin, silks, and horses.' They also ' spared not to ride within eight miles of Edinburgh.' In the following month a proclamation was issued by the Queen and Council, considering the 'great skaith and detriment quhilk the trew subjects of the realme, suffered through the open rieffs, thift, and oppressions committed by the inhabitants of Liddesdale, who besydes the odious crymes abonespecifit, dulie murtheris and stayis the trew liegis in the defence of their awin gudis, in sic sort that diverse gude and profitabill landis are laid waist, and mony honest househalderis constrenit to skaill (to leave) their houssis that the invasion of the saidis rebellis is almaist na les hurtfull to the common weill, nor gif it wer oppin war, with foreign innemeis ; and seeing the saidis rebellis ourlukit and winkit at be sic as dwellis maist ewest of thame,' the Queen by the advice of her 'dearest spouse,' James, Duke of Orkney, Earl Bothwell, etc., called forth the force of the ' Incuntries ' to suppress the thieves.* But the Queen and Earl Bothwell found their personal troubles accumulate so fast as to absorb all their attention, and the thieves were left to follow their own devices a little longer. Elliot of Braidlie had made a proposition to the Scotch government, that if his offences were pardoned, and a sum of 300 marks given him, he would keep good order on the Scottish Borders from Berwick to Hermitage. His offer was accepted, but he either overrated his power, or did not exert himself, for there was no visible improvement. In October the same year (1567) the state of the country is thus described in the ' Diurnal of Occurrents : ' — ' In all this time fra the Queen's Grace putting in captivity till now the thieves of Liddesdale maid greit hirschip on the puir lauboraris of the ground, and that throw wanting of justice, for the realme was sae dewydit in syndrie * Register of the Privy Council, vol. i. p. 516. EE 2io Upper Teviotdale and the Scott s of Buccleuch. factionis and conspirations that there was na auctortie obeyit nor na justice execute.' The Earl of Murray had now been appointed Regent of the kingdom, and he issued a proclamation to the forces of the midland counties to assemble with twenty days provisions, and with ' palyeonis (tents) to ly on the feeldis,' for the purpose of invading Liddesdale and punishing the ' rebellious and disobedient subjects there ; ' and the provosts, bailies, and inhabitants of the towns of Peebles, Dumfries, Selkirk, Hawick, and Jedburgh, were enjoined to 'prepair and have in readiness, bakin bread, browin aill, horse miet, mannis meit, and other neidfull ludgeing and provision,'* against the 8th of November, the day when the muster was appointed. The Regent came to the Borders at the date specified, but there is no record of active hostility against the thieves on that occasion. But he issued a proclamation, dated at Hawick.f on the 6th November 1567, wherein, after denouncing the thieves in the usual terms, it set forth that ' diverse subjects of the inland, has taken assurance of the said thiefis, sittand under the same, and payand black mail to them,' and permitted them to rief, harry and oppress their neighbours in their sight without contradiction or stop. They were therefore warned that such trafficking with the thieves was treasonable, and that any one taken along with them would be held partakers of their guilt, and be punished accordingly. They were to give no money to the thieves, neither under the name of black mail nor ransom, nor to assist them in any way whatever. When any company of broken men 'commis over the swyrisj within the incuntry' all loyal subjects dwelling in the bounds where they resort shall incontinent raise the fray on them, and follow and oppose them, under the pain of being punished as accessory to their crimes. In May 1568 the Queen effected her escape from Lochleven. Her friends rallied round her, but were defeated at the battle of Langside, and the ' King's party,' with the Regent Murray at their head, were again victorious. Mary relying on Queen Elizabeth's professions of friendship, made her escape to England. Elizabeth had warmly remonstrated against the usage the Queen of Scots had been subjected to, but she was scarcely prepared to defend her cousin on all points, and experienced some degree of embarrassment when Queen Mary * Register of the Council, vol. i. p. 580. t lb. vol. i. p. 585. % Marshy ground. Upper Teviotdale and the Scotts of Buccleuch. 211 threw herself on her protection. Meanwhile all that had happened was the subject of eager and earnest discussion in castle and cottage, in city and hamlet, and party strife was hot and furious ; some favouring the King's party, and others through good and evil report were still loyal to the Queen. On the Borders the parties were very much divided. The Kers of Cessford and Faldon- side, Turnbull of Mynto, and the Douglases of Drumlanrig, were adherents of the party of the Regent. Young Drumlanrig, or Sir William Douglas of Hawick, as he was styled, commanded a body of two hundred horse at the battle of Lang- side against the Queen. The Scotts of Buccleuch and Ker of Fernihirst were as warmly devoted to the Queen's party ; in short as a contemporary writer says — ' The hail realme of Scotland was sae divided in factions, that it was hard for ony peaciable man as he rode on the high way, to declair himself in favour either of the King or Queen. All the people are casten sae loose, that nane were in account but he that could kill or rieve his neighbour.' About a year after Queen Mary's flight into England the state of matters on the Borders became so intolerable as to call for severe repressive measures. The Regent mustered a force of about 4000 horse and foot, with which he marched into Teviotdale, where Scott of Buccleuch, Lord Home, Ker of Cessford, Ker of Fernihirst, and a number of gentlemen met him with their followers. Buccleuch and Fernihirst were deputed to burn and destroy Liddesdale ; but on the arrival of the Regent some of the principal leaders of the clans came and desired to speak with him. Murray received them favourably, and would have pardoned their offences, provided they would give assurances and pledges for their future good behaviour. The Regent professed to be dissatisfied with the surties they would have given, and so reverted to his original intention to burn and destroy the whole district of Liddesdale, and did not leave a single house standing. He appears to have superintended the work of destruction himself, for he lay on the Sunday night at Mangerton, a principal stronghold of the Armstrongs, and in the morning caused the whole house to be burned and blown up. This expedition took place in March 1569, and in the beginning of April, thirty-two of the principal barons, provosts, and bailies of towns and other chief men in the counties of Roxburgh, Berwick, Selkirk, and Peebles entered into a bond, dated at Kelso, whereby they bound themselves to have no intercourse with the thieves who were proscribed. 2 1 2 Upper Teviotdale and the Scotts of Buccleuch. ' Not to suffer them to resort to markets or trysts, nor yet allow them to abide or pasture their guids upon any lands outwith Liddesdaill, except such as within eight days, find sufficient security to the Wardens of the Marches, that they shall reform all enormities committed by them in times bypast, and keep guid rule in time coming, and all others not finding the said surety within the said space, they shall pursue to the deid with fire and sword, and all other kind of hostility ; as also in case of resistance or pursuit of any of the said thieves, it shall happen any of them to be slain and burnt, or any of the subscribers to be harmed by them, they esteem the quarrel and deadly feud equal to them all, and shall never agree with the said thieves but together, and in the meantime, shall take plain part ane with another, and specially shall assist the Laird of Buccleuch and the other lairds maist ewest to the said thieves at all occassions convenient.' Among other names subscribed to this bond were James Douglas of Drum- lanrig, Walter Scott of Buccleuch, James Gledstains of Coklaw, Robert Scott, Bailie of Hawick, and most of the men of position and responsibility in Teviotdale.* For the protection of the district, a considerable body of troops had been ordered to remain in Hawick. This force was levied ' from the barons and landit men of the middle Marche of Scotland,' but they entered a protest before the Lord Regent — ' That albeit at his Grace's desire for resisting of the present invasion of the rebellis and thevis of Liddis- daill and utheris, they had condescendit to send sum ordinar force of horsemen to ly in Hawick, and utheris parts thairabout for a certain space quhill forder provision may be made, — yet thai protestit that the thing that they did of gude will sould noucht be comptit as of dewitie, nor that thai sould nocht be haldin to sustene sic ordinar feree after the outrynning of ane month, quhilk protestation my Lords Regents Grace admittit, and thairupoun the saidis baronis and landit men askit instruments.' f On the 5th of May, the Warden, and Sir Walter Scott and other gentlemen came to Hawick to receive assurances in the name of the Lord Regent. A large- number of Borderers signed a declaration that they would obey the laws under a penalty of 200 marks each, various gentlemen in the district becoming security for them. The Laird of Buccleuch was surety for a large number of Elliots, a clear proof their feud had been healed. These Elliots were not confined to Liddesdale. There were Elliots of Skelfhill, Falnash, and Dodburn, who were men of substance, and had tenants under them for whom and for themselves they had to find security that they would obey the law. The Laird of Gledstains was answerable for a number of Crosars, members of one of the subordinate Liddes- dale clans, who had established themselves at Hummelknows, a place within two * Pitcairn's 'Criminal Trials,' vol. iii. p. 394. t Register of the Privy Council, vol. i. p. 650. Upper Teviotdale and the Scotts of Bucclench. 213 miles of Hawick. It is thus evident that the thieves had spread beyond the boundaries of Liddesdale, and that Teviotdale was beginning to acquire the same evil reputation.* Though the Regent had taken the most stringent measures to have his authority respected, and the laws obeyed, he found it necessary again to visit the Borders in the autumn of the same year, where he spread such terror among the Borderers that the whole ' Sir names ' of Liddesdale and ' otherwheres ' came in and entered into good assurance and pledges for their obedience. He returned to Edinburgh with sixty, or as some say a hundred pledges, or hostages, who were distributed over the country in Dundee, St. Andrews, and other places. For a brief time afterwards, the thieves were convinced that it would be prudent to give up their evil courses, and submit themselves to the Regent as loyal subjects, and ' there was sic obedience maid be the said thevis, to the said Regent as the lyk was never done to na king in na man's day's before,' \ and it was said of him — ' Na theif durst steir, they did him fear so soir, And that they suld na mair their thift alledge, Three scoir and twelff he brought of thame in pledge, Syne wardit thame, whilk made the rest keep ordour, Then mycht the rasche bus keip kye on the bordour.' * Vide Appendix. \ ' Diurnal of Occurrents,' p. 151. CHAPTER IX. ' They lighted on the banks of Tweed, And blew their coals sae het, And fired the Merse and Teviotdale, All in an evening late.' Old Ballad. When Queen Mary fled to England after the battle of Langside, her cause seemed almost hopeless, but her followers did not despair of again seeing her on the throne of Scotland, to the confusion of her enemies and traducers. The Regent Murray who was at the head of the King's party, had received the favour and support of Queen Elizabeth, and as he appeared to yield to her influence, Mary's friends became more bitterly opposed to him, and there was fierce strife between the contending factions. Though these factions were severally designated the King's party, and the Queen's party, the real question at issue was a religious one. In the main, the King's party represented the Reformers, and the Queen's party the Roman Catholics. When Queen Mary returned from France, she found that the Reformers were by far the strongest party in Scotland, and the Reformed faith already established by law. Though herself a devout member of the Roman Catholic church, she made no attempt to interfere with the religion of the people ; she was wise enough to see the utter futility of opposing the great majority of her subjects, and either from policy or a more enlightened liberalism, she freely admitted the principle that every one should have the right to worship God according to his own conscience. She solemnly promised to do nothing prejudicial to the Reformed religion, but to support and maintain it as she found it established on her arrival in Scotland. This was so far well ; but when the Queen claimed the right which she freely accorded, she was met by scowling looks, and dire threats of what would ensue should she set up her own form of worship, even in her private chapel. The liberty of conscience so fiercely claimed by the Reformers only meant freedom for their own opinions, liberty of conscience for those who thought as they did. Upper Teviotdale and the Scotts of Buccleuch. 2 1 5 Nor is this at all to be wondered at. The religious feeling of the times was stern and uncompromising ; and those who fought the battle of religious liberty, had to struggle against a power which knew no tolerance or indulgence for those who dared think for themselves. The arguments used by the Church of Rome against heretics, were tortures and cruel deaths. Arguments which it was impossible to meet in a spirit of temperate calmness, and it is scarcely surprising that Queen Mary's professions of liberality and toleration were received by the Reformers with incredulity and suspicion. They believed that she only lacked the power to be as cruel and vindictive as her French relatives, who were such bitter persecutors. The young Queen appeared to have had a deep sense of the responsibilities of her position. She had attended to the business of the State with unwearied assiduity ; had interested herself about the poor in various ways ; promoted an organisation for assisting and protecting pauper litigants in the courts of law ; anxiously sought to conciliate the Protestant clergy, and had striven to establish friendly relations between herself and Queen Elizabeth. Though an object of suspicion on account of her religion, Mary's beauty and sweetness, her graceful and dignified deportment, and her kindness and consideration to those about her had soon won her way to popular favour. But popular favour is fickle at best, and when the clouds of adversity closed round the Queen many of those, who had praised and blessed, raised their voices in vituperation against her. Others were loyal to her through good and evil report, and this party included Scott of Buccleuch and Ker of Fernihirst, described as the two most powerful chieftains on the Borders. Lord Hume was also one of her adherents, and the Maxwells, the Johnstones, the Armstrongs, and almost all the leading men of the West Borders, excepting Drumlanrig, and Jardine of Apple- garth. The Borderers had little leisure or taste for polemical discussions, and cared nothing about the religious questions involved ; but their antagonism to England was the ruling passion of their lives, and the fact that the government of the King was favoured by the English was reason enough why they should be against it. Besides the Regent Murray had incurred the hatred of the Border clans for his stern repressive measures against them. The Roman Catholics who, though in the minority, were still a powerful body in Scotland were loyal to the Queen. Since her captivity in England a reaction 2 1 6 Upper Teviotdale and the Scotts of Buccleuch. had set in in her favour, and her party was increasing in power, and was ready on the first opportunity to rise in her defence. In the latter part of 1569 a rebellion, instigated by the Roman Catholics, broke out in the north of England, which favoured the views of the Queen of Scots' partisans, and which they would have joined had it not been so rapidly quelled. The Reformed doctrines had found little favour in the north of England, where the people clung to the faith of their fathers. A contemporary writer says — ' There not be ten gentlemen in all the north but be Catholics at heart, and many of the common people be the same.' 'The old faith lieth like lees at the bottom of men's hearts, which, on the least stirring of the vessel, will rise to the surface.' The Queen of Scots was an object of great interest to these Catholics, who held that she was entitled to the English crown, for in their opinion Elizabeth was illegitimate, and therefore a usurper. A plot was formed to re-establish the Roman Catholic religion by placing Mary on the throne of England ; and to strengthen her cause it was proposed that she should give her hand to the Duke of Norfolk, a nobleman of the highest rank, and whose popularity was second to none in the kingdom. The avowed purpose of the promoters of this alliance was the restoration of the Queen of Scots to her own dominions, and to a share of the government, to be in the name of her son and herself conjointly. But the ultimate and secret design of the conspirators had become known before their plans were matured, and Norfolk, with the Earls of Arundel and Pembroke were arrested, and lodged in the tower of London on a charge of high treason. The Earls of Northumberland and Westmoreland, with other gentlemen in the north, who had committed themselves too far to draw back, took the field at the head of their followers ; but the rebellion was put down before it had assumed formidable proportions, and the leaders were compelled to seek safety in flight. They had no recourse but to throw themselves on the generosity of their heredi- tary enemies across the Border. It was December, and the weather was miserably cold, a biting north wind blew in their faces, accompanied with snow and sleet. The Countess of Northumberland and two other ladies were among the fugitives, who were flying for their lives, pursued by Sir John Forster, who, with a troop of horse was so close on their track that it was with great difficulty they managed to elude him. Crossing the Borders they succeeded in reaching a peel house, belonging to Upper Tcviotdalc and the Scotts of Bucclench. 2 1 7 ' Jock-o'-the-side,' which stood near the ancient chapel and burying-ground of Ettlcton, on the banks of the Liddle. Jock had attained a great notoriety in his calling — ' He is weel kenned Jock-o'-the-Syde, A greater thief did never ride. ' This noted thief however, received the fugitives, and gave them a kindly though rough welcome ; and here though surrounded by thieves and outlaws they were comparatively safe ; for these rough Borderers had a high sense of the duties of hospitality, and would have scorned to betray those who trusted them, and sought their succour and help in confidence and good faith. But they were placed in a peculiarly dangerous position. Since the preceding spring the Regent Murray had been particularly energetic in his efforts to maintain order and tranquility on the Borders. The raid described in the last chapter, when he had exacted over a hundred hostages for their good behaviour, had taken place only six weeks previously ; and immediately on the news of the rebellion reaching him the Regent had issued a proclamation calling a muster of all the able-bodied men south of the Forth to meet him, with provisions for eight days, for the purpose of marching against the English rebels, who were said to be retreating northwards, and were expected to cross the Border in some force, expecting to be supported by the Queen's party in Scotland. As has been already stated the rebellion was completely subdued, and only a few fugitives had sought shelter in Liddesdale ; but these fugitives were the leaders and chief offenders, and it is therefore apparent that the Borderers ran a considerable risk in receiving them. With the happy-go-lucky carelessness of consequences which characterised the Liddesdale thieves, having known nothing but danger all their lives, they were indifferent to the risk, so far as it regarded themselves, but they were bound to consider the hostages, who were all members of the principal families, and might be placed in a position of great danger by any indiscretion on the part of their relatives. The cause for which these rebels had fought was very popular on the Borders ; and Scott of Buccleuch, Ker of Fernihirst, and Lord Home were all devoted to Queen Mary, and they warmly welcomed those who had risen in her defence, and for the sake of the old faith. The Liddesdale clans were not particularly attached to either party. If they had a predilection it was for that which was FF 2l8 Upper Teviotdale and the Seotts of Buccleuch. not in power, and they rather enjoyed outwitting the Regent, and baffling the troops sent to search for the fugitives. Lord Westmoreland exchanged his rich dress for the greasy suit of a Border outlaw, and spent the cold December days in caves and peat holes, till he Upper Teviotdale and the Scott s of But clench. 219 succeeded in reaching Fernihirst castle, where a considerable number of the rebels found a safe retreat. Fernihirst castle occupies a strong position on a steep bank overhanging the Jed. Jedburgh, where the Regent Murray took up his quarters, is about two miles distant, and a force of 800 men were quartered there. The Regent sent a message to Ker demanding that the rebel subjects of Queen Elizabeth should be given up to him, a demand which Ker treated with scorn. He then set out for the purpose of storming the castle, but in the short half-hour's march from Jedburgh three-fourths of his men deserted, and he was obliged to abandon his purpose. The Regent had, however, been more fortunate in another direction. The Earl of Northumberland had taken refuge at Harlaw, a small tower situated in the western district of Liddesdale, near the borders of Cumberland. It belonged to one Hector Armstrong, who was under some sort of obligation to the Earl, who hoped to be safe with him. Tempted by a heavy bribe, however, he consented to betray the Earl, and a party of troops was sent from Hawick to take him, but this was not accomplished without a struggle, and the captain in command of the troop was killed. The treachery of Hector Armstrong drew down on his head the contempt of the whole Borders ; for these clans, wild and reckless as they were, had a great respect for their pledged word, and regarded breaking faith with those who trusted them as the most heinous of crimes. Hector found that his ill-gotten gold did him little good ; he shortly afterwards fell into great poverty, and became so infamous that ' to take Hector's cloak ' grew into a proverb to express one who betrays his friend. The Earl of Northumberland was imprisoned at Loch- levcn castle, and was afterwards delivered up to the English on the payment of a large ransom. He was found guilty of high treason, and beheaded at York. The Countess of Northumberland had been the guest of Jock-o'-thc- Syde for nearly a month, and then succeeded in making her way to Hume castle. She afterwards escaped to France, where she spent the remainder of her life in obscure poverty. With the flight of the leaders the rebellion was at an end, and the smaller gentry and common people who had joined the insurrection had dispersed to their homes, trusting that their insignificance and submission might cause them to be leniently dealt with. But Elizabeth was in no lenient mood ; orders were sent to 220 Upper Teviotdale and the Scotts of Bticcletich. the Earl of Sussex to arrest and imprison all who had been concerned in the rebellion, and any, he was not sure of, were to be apprehended on suspicion. By- close confinement and starvation he was directed to induce his prisoners to divulge the names of as many more as they could remember, who were also to be seized, and he was to be careful to take all priests of whom a notable example was to be made. These instructions were promptly carried out, and a very large number of persons arrested, and six or seven hundred were set aside for summary execution. These were all poor people, small farmers, labourers, and servants, or retainers of the leaders of the rebellion. These were all put to death, eighty were hanged at Durham, forty suffered at Darlington, and scarce a village green in the north of Yorkshire, but bore on its trees, or on gibbets erected for the purpose, a score or two of ghastly corpses, for it was stipulated that the rebels were to be hanged in the neighbourhood of their own homes, and that the bodies were not to be cut down. The terror and consternation that spread through Yorkshire and Durham while these terrible scenes were enacted were indescribable. The search for fresh victims still continued, and the people were goaded to desperation ; and seeing no way of escape or hope of mercy, they were ready again to break into rebellion, for they could not be in a worse plight ; and if their leaders could have reached them, there certainly would have been another rising. The Earl of Westmoreland, and several of the other rebel leaders were all this time at Fernihirst castle, and though within a days march of England, no effort had been made on the part of the English to arrest them. The Regent Murray had done all in his power to take them, but had only succeeded in the case of the Earl of Northumberland. He had directed all the ports to be watched, to prevent any of the rebels making their escape, and had issued a proclamation, forbidding the people to shelter or assist them. Queen Elizabeth contented herself in the meantime by sending Sir Robert Constable a spy, who had already done her some service during the rebellion by the exercise of his talents. He was sent into Scotland to see what the rebels were about, and to endeavour, on any pretext that occurred to him to persuade them to return to their own country. Constable gives a lively picture of his meeting with a number of the rebels and their friends at a public house in Jedburgh. ' I left Farneherst and went to my ostes house, where I found many gests of dyvers factions, some outlawes of England, some of Scotland, some neighbours therabout, at cards ; some for ale, some for plaks and hardhedds ; and after I had diligently Upper Teviotdale and the Scotts of Buccleuch. 2 2 1 learned and enquired that there was none of any sirname that had me in deadly feud, nor none that knew me, I sat down and plaid for hardhedds amongst them, where I heard that the Lord Regent would not, for his own honor, nor for thouse of his country deliver the Earles, if he had them both, unless it were to have their Quene delivered to them ' and ' that he durst better eat his own luggs (ears), than come again to seke Farnherst ; if he did he should be fought with ere he came over Sowtray edge.' * The Borderers were possibly not so ignorant of the identity of Constable as he supposed, for they favoured him with some significant hints regarding spys and traitors, and remarked that they could wish to have the head of Hector Armstrong boiled for their supper. Meanwhile the Queen's party in the north were bestirring themselves, and Edinburgh and Dumbarton castles were already in their hands. Sir Walter Scott of Branxholme, and Sir Thomas Ker of Fernihirst, gathered their forces together and prepared to make a raid into England, in company with the English fugitives, who eagerly joined the expedition, with the intention of penetrating as far as Yorkshire, where they expected to be joined by their retainers and followers. It was the very morning after the Regent Murray was shot at Linlithgow that they set out on their raid across the Border. It would appear that the intended assassination of the Regent was known on the Borders. On setting out, Buccleuch was asked, how he dared make such an outrageous attempt when Murray was Regent. ' Tush,' he replied, ' the Regent is as cold as my bridle bit.' The news may have been brought by an express messenger, but there was scarcely time for it to be generally known. When Westmoreland heard of the death of the Regent, he threw his bonnet in the fire in token of his joy. The marauding force, for it was really nothing more, penetrated as far as Newcastle, burning and harrying by the way, but was forced to return without reaching the disturbed districts, or being joined by any of the English. The Borderers had already incurred the anger of Queen Elizabeth by hav- ing sheltered the rebels, and this raid, undertaken for the purpose of renewing and encouraging the rebellion, drew down upon them the full weight of her resentment. The Earl of Sussex, Lord Hunsdon, and other leaders were sent from York- * Sadler's ' State Papers,' vol. ii. p. 388. 222 Upper Teviotdale and the Scotts of Duccleuch. shire with clear and precise orders to burn, destroy, and lay waste certain districts in Scotland. The Earls of Huntly and Argyle tried to arrest the progress of Sussex till they had sent a message of peace and submission to Queen Elizabeth; but he would not allow the messenger to pass, being probably aware that in the present temper of the Queen all negotiation would be useless, so he replied that he dared not forbear to execute the orders of the Queen his mistress. Sussex, Hunsdon, Lord Scrope, and Sir John Forster were the leaders to whom the expedition against the Borderers was intrusted, and they met at New- castle to arrange their plans. They were divided into three parties of 200 horse- men and 800 footmen in each, and it was decided that they should enter Scotland on the east, middle, and west marches simultaneously, so that by keeping the Scots occupied across the whole country at the same time they would prevent them from centralizing their forces. About four o'clock on the morning of the 17th of April 1570, Sussex and Hunsdon set out from Wark to begin the work of devastation, and Sir John Forster started at the same time from Eppergate. Soon the whole country was in a blaze. The two parties met at Crailing, and burned all that populous district till they came to Jedburgh, where they remained all night. The town, however, was not destroyed because the bailies and principal citizens were of the King's party. Next morning the troops were again divided into two companies, one of which marched up the Teviot towards Hawick and the other up the Jed to Fernihirst castle, which was the chief object of attack on account of the entertainment it had afforded to the rebels. They could not blow up the castle, but Hunsdon says, ' We have so torn it with laborars as it were as good lay flat.' Hunthill was as completely demolished. Bedroule, which was also obnoxious for its hospitality to the rebels, was burned to the ground. Advancing by Rule Water they set fire to every house and farm-steading on the way, and even the humble cottages of the peasantry were not suffered to escape, and the whole country to their rear was a smouldering mass of ruins. The other party had been no less active in the work of destruction on the Teviot, and towards nightfall both parties reached Hawick, where they intended to pass the night. A message had been received by the English before they left Jedburgh from the bailies of Hawick promising that provisions and horse-meat would be prepared for them. This message was dictated by a wise prudence. Drumlanrig, to whom Upper Teviotdale and the Scotts of Buccleuch. 22 ' the tower and a great portion of the property in the town belonged, was a of the late Regent, and was a zealous adherent of the King's, or, as it was times called, the English party.sothat his property was entitled to special protection. But though the Lord Superior of Hawick, he seldom re- sided in the town, and his personal influence was little felt. The action of the Hawick people shows clearly on which side their sym- pathies were. They clung with unreason- ing loyalty to the cause of the Queen, and hated the English as heartily as ever. They had placed their goods in Drumlanrig's tower, where they were as- sured of their safety, and had apparently ac- quiesced in the pacific messagesent inthemorn- ing. Prudence and com- mon sense might have shown them that it was wiser to submit where they could not effectually resist the spoilers ; but their feelings were too strong for their judgment. friend some- They could not bring themselves to minister to the 224 Upper Teviotdale and the Scotts of Duccleuch. wants of their ancient enemies, who were laying waste the whole neighbour- hood. As column after column of smoke from burning villages and towers rose against the sky their indignation increased. Heedless of the remon- strances of the more pacifically disposed, they tore the thatch from the roofs of their houses, heaped it up in the streets, and set fire to it, just as the English were seen approaching from the east, and then fled. It is traditionally asserted that their place of concealment was among the recesses of the hills to the southwest of the town called Hardie's Hills. The English were naturally both enraged and annoyed at the reception which awaited them. The thatch mixed with turf smouldered in the streets, emitting a dense smoke which stiffled and nearly blinded the men, and made it almost impossible for them to enter the town. They had been engaged all day in raising fire, and now before they could obtain food or shelter they must set to work to extinguish it. There was sort of poetical justice and grim humour in the situation which was no doubt keenly appreciated by those who had planned this surprise for the invaders ; for there was neither food nor shelter for man nor beast. The leaders obtained quarters in the tower, but the men had to shift as best they could. Robert Wilson, in his History of Hawick, says — without giving his authority — that the Hawick people came during the night and killed a number of the English as they slept, but this is manifestly untrue. There must have been about two thousand men in the town, and if the inhabitants had been so foolhardy as to attack them they would certainly have got the worst of it. In the succinct yet clear account of the invasion given by the leaders there is no mention of an attack, and we may safely conclude that none was made, and that the town's people were wise enough to keep well out of the way. Describing the progress of the raid Lord Hunsdon wrote — ' We wer promest to be resevyd at Hawyke. Er we came ther, the ynhabytants of the town unthacht all theyr howsys, and sett the thatche a fyer, so as att owr cumyng there was suche a smoke, as we wer skant able to enter the towne ; but cawsyng the same too be quenchyd with water, and helped with men's hands, we yncampt theare al nyght, with suche vyttels as we brought with us. Apon Thursday as they burnt theyr thatche we burnt the hole towne, savynge one house of Drumlaneryks. We left the whole force of our footmen besyde Hawyke. Sir J. Forster went with his horsemen to burne the towns and vyllages adjoynynge, and my Lord Lieut, and I, with sertan bands of horsmen only went to Branksam, Bukklews pryncypale howse, which we found burnt to our hand by hymselfe as creuelly as ourselves cowld have burnt ytt. But my L, Lieut, thynkynge that not suffycyent, fyndyng one lyttell vaute yn ytt, wheryn was no fyer, he cawysd powder too be sett, and so blew up one halfe from the uthar. Yt was a very Upper Teviotdale and the Scotts of Buccleuch. 225 strong house, and well sett ; and very pleasant gardens and orchards about ytt, ami well kept, but all destroyed.' Sussex gives a somewhat similar account in a letter to the Queen. After describing how the two divisions of the army had left Jedburgh by different routes, and enumerating the towers and farm buildings they had destroyed, and how they met near Hawick, he says — ■ We intended to lye at Hawick that nyght, and were promised by the bailiffs (bailies) to have been well received, but at our coming thither we found the howses of the town unthetched, the thetch sett a fire in the strets, and the people wholy fledde, saving the keper of Doulanwarks (Drumlanrigs) castell, who had received the goods of the whole town, whereby the army was disapointed of lodging, victualls and horse meate, which was borne for that night with patience, and the next mornyng because themselfs had begone the fire we made an ende of the rest that they had lefte, saving Doulanwarks castell and the goods in it, which for his sake we saved ; and at our departing delivered the keyes to his menne, sawe the gates locked, and left it in saulfty after the departing of the army. ' From Hawick we went to Bransum, the L. of Huckloughs's chiefe howse, which we threwe down with poulder, and burnte all the castels of his friends and kinsmen in these parts.' There is one circumstance which must strike every one who reads the account of the invasion, and that is, that the Lord of Buccleuch and the people of Hawick showed a marked similarity in the manner in which they received the invaders. They had been met by some with expostulations, by others with humble sub- missiveness, and in a few cases by resistance ; by far the greatest number had fled and left their houses and goods to their fate, but nowhere except at Hawick and Branxholme was the work of destruction begun to the hands of the invaders. The message sent from the Hawick people to the English with promises of entertainment was evidently dispatched in good faith. The idea of setting fire to the thatch appears to have been a sudden impulse hastily acted upon. The destruction of the towers of Branxholme, on the contrary, must have been more deliberately planned. Buccleuch had conspicuously espoused the cause of Queen Mary, He had been one of the most prominent leaders of the recent raid into England, and hence he was one of those against whom the vengeance of the English was chiefly directed. Knowing that Branxholme would fare no better than Fernihirst, he haughtily determined that no Englishman should be able to boast that he had destroyed the house of Scott of Buccleuch ; therefore, since he could not save it, he began with suicidal purpose to tear asunder the walls, and set fire to the towers of his own dwelling. This work must neces- GG 226 Upper Teviotdale and the Scotts of Buccleuch. sarily have been begun at latest on the Wednesday morning. News of what was going on at Branxholme would no doubt reach Hawick in the course of the day, and in all probability suggested to the people the idea of following Buc- cleuch's example. The horsemen who went to destroy Branxholme were led by Sussex and Hunsdon ; and the latter writes, with a touch of feeling, that it was burnt by Scott himself ' as cruelly as we ourselves could have done it.' He was struck with its fine situation and well laid out gardens and orchards. After completing the destruction of Branxholme, the army set out again and marched eastward, where Hunsdon says : — ' I left never a house nor town unburnt savynge suchc as cum too my Lo. Lieut, with promes to delyver pledgys for too satysfy such harms as they had done. Sir John Forster went sumwhat of my right hand and dyd the lyke.' And so they all met again at Kelso, and there the Laird of Cessford went to Sussex and asked him to spare Lower Teviotdale, seeing that he himself had neither invaded England nor received the rebels. But as many of his retainers, besides others in the district, had committed both these offences, Sussex would not grant his request unless on certain conditions, which Ker found it impossible to comply with ; but he spared Cessford's own residence and that of such gentlemen as had not personally been guilty of any offence towards England. Lord Home also went to Sussex and offered satisfaction for hurts committed by him or his followers. Sussex at once demanded that the English rebels should be given up to him. This Home flatly refused to do, and the interview terminated without any pacific result, Sussex assuring him that Hume castle should be dealt with like the rest. Every- thing had been arranged for the siege of the castle ; but through some mis- understanding, the horses which were required to bring forward the artillery had been sent back to Berwick, and as it was impossible to proceed without cannon the besiegers were obliged to change their plans. Sussex made a very diplomatic use of the interval. Pretending to have delayed storming the castle out of con- sideration for Lord Home he sent a message to him — ' to let him understand that, although we were then in the place wher we might do with him as we had don with the rest, yet that he was a manne of nobility, whom we wolde more gladly drawe to know and amend his faulte by curtesie then by force, we did forbear to do him any hurte at that time, and wished that the same might worke to good effect in him, as it had intencon in us.' This message was sent to Home by Upper Teviotdale and the Scotts of Buccleuch. 227 Archibald Douglas, and Sussex hinted that he might ' make reportc of this curteovvse dealing to the nobility of Scotland.' A week later, the horses for the ordnance being forthcoming, the castle was besieged and taken. It proved a rich prize on account of the large quantity of goods which had been placed there by the country people for safety. The people near Mosstower and C railing had removed their goods to some caves in the neighbourhood, but the English would not leave till they had discovered and secured the booty. Ker of Fernihirst, Buccleuch, Home, and some of the rebels assembled a few of their followers, and took the field ; they had ' three small skirmishes ' but were in no position to offer effectual resistance to the spoilers. At length their mission was accomplished, and the English army returned to Berwick, from whence Sussex sent his report to the Queen. The number of towns and villages, towers and houses destroyed was over five hundred, which he enumerated with business like accuracy, and concluded his report in these words, 'we have troubled your majestie over large in the particular discourse of our doings, and therefore we ende with this generality that we thinke ther be very fewe persons in Tevedale that have recyved your rebells or invaded England, which at this time have either castell standing for themselves, or howse for any of ther people, and therewith no person hurt that hath not deserved. So that your revenge is honourable against the ill, and the good have no cause of offence. And we pray God to send your majestic a long and prosperous reigne, and all your enemies to fear you as much as the Scottish Borderers fear you at this present.' What had been done by Sussex on the cast had been done no less effectually by Lord Scrope on the west. Across the whole Borders from sea to sea all was ruin and desolation. All who had been loyal to the exiled Queen of Scots, and consequently hostile to Elizabeth, were marked out for vengeance. But so far from the Borderers being intimidated by this wholesale spoliation, it seemed rather to stimulate them to fresh effort against the King's party, who, instead of resenting the invasion of the Borders, regarded it as a valuable assistance to their cause. The people generally had such a strong antipathy to English interference that the number of Mary's adherents increased after the invasion, and the Borderers became more violent in their partisanship. The 228 Upper Teviotdale and the Scotts of Btuclench. struggle between the two parties grew fiercer than ever, and the country was given up to the horrors of civil war. In the following year an incident occurred which deserves to be recorded from the part taken in it by the Borderers. The Regent Lennox, and the leaders of the King's party were assembled at Stirling, and a plot was formed by Kirkcaldy of Grange to take the city by surprise, and seize the Regent and his friends. The enterprise was entrusted to the Earl of Huntly, Lord Claud Hamilton, Sir Walter Scott of Buccleuch, and several others. They left Edinburgh in the evening with a force consisting of sixty mounted hackbutters, and three hundred and forty Border horse. To prevent their real purpose being suspected, they intimated that their destination was Jedburgh, and set out in that direction, but as soon as darkness closed over them they turned to the west, and reached Stirling in the grey dawn of the morning. They entered the town without opposition, broke open the houses where the noblemen were lodged, and in a short time the Regent and nine other Lords were made prisoners. So far the enterprise had been thoroughly successful, and nothing remained to be done but to remove the prisoners to Edinburgh. When they would have set out, however, it was found that the Liddesdale and Teviotdale men had dispersed in search of plunder, and were busily engaged emptying the stables of horses, breaking up the shops, and load- ing themselves with booty. The time thus occupied, allowed the bewildered citizens to comprehend what had happened, and prepare for attack. Buccleuch, with a small party was guarding the prisoners in the market place, when the Earl of Mar, with about forty men rushed down from the castle, and compelled him to retreat to one of the side streets where he was assailed and hemmed in by the citizens. The tables were completely turned, and the prisoners were rescued. A certain Captain Calder determined that the Regent at least should not escape, shot him through the back, mortally wounding him. He was able to keep his seat on horseback till he entered the castle, but he died the same evening. Nine of the Queen's party were slain, and sixteen taken prisoners, of whom Buccleuch was one, the rest making their escape as best they might. The Borderers having taken care to carry off the horses, pursuit was impossible.* Douglas of Drumlanrig, and his son Sir William Douglas of Hawick, were with the King's army under Morton. They were engaged in a skirmish near * Tytler's 'History of Scotland,' vol. vii. p. 361, 2, 3. Upper Teviotdalc and the Scotts of Buccleuch. 229 Edinburgh against the Queen's party, and when returning home in company with some others, were attacked by Sir David Spence of Wormeston. Sir William Douglas escaped with some difficulty, but his father, ' Old Drumlanrig ' as he was familiarly called, was taken prisoner. Not being certain whether his son had escaped or not he sent him the following curious letter. ' Willie. Thow sail wit that I am haill and feare. Send me word thairfor how thow art, whether deid or livand. Gif thow be deid, I doubt not but friendis will let me know the treuth, and gif thow be weill I desyre na mair.' He showed this letter to his captors that they might be sure it contained no treason, and to save his purse he sent it with the letter desiring the messenger to give it to his son. Drumlanrig was not long held in durance, but was exchanged for Lord Home, whom the King's party had taken prisoner shortly before. Buccleuch also obtained his liberty after a short imprisonment, and soon afterwards he was engaged, in conjunction with Ker of Fernihirst, in an attack on Jedburgh. The people of Jedburgh were almost all adherents of the King's party, and had incurred the resentment of Queen Mary's friends by their treatment of a herald who had been sent to make a proclamation in the name of the Queen. The herald, standing up at the cross, read the proclamation till he came to the point where it intimated that the Lords assembled in Edinburgh had found all the proceedings against the Queen null, and that all men should obey her only, when he was ordered by the Provost to come down, and was made to eat his letters, and as suggestively told ' received his wages with a bridle.' To avenge this insult to the herald and the party he represented, Buccleuch and Fernihirst with 3000 men, composed of their own friends and followers, and a number of the Liddesdale men resolved to attack Jedburgh, but their intention having become known, a force was sent from Edinburgh under Lord Ruthven to assist the town's people. Hearing that Ruthven was at Dry- burgh, Buccleuch determined to begin the assault of the town early in the morning before the relief party had time to get forward. The burghers were fully prepared for them ; and having been reinforced by Ker of Cessford, they made a gallant defence, and Ruthven coming up opportunely the assailants were compelled to retreat. Buccleuch and his followers marched to Hawick, while the Liddcsdalers retreated to their own haunts. A severe snowstorm came on the 230 Upper Teviotdale and the Scotts of Buccletuh. following night, and thinking that this would prevent any attempt at pursuit no precautions were taken, or preparations made to defend the town ; but notwith- standing the difficulties of the march Ruthven made an attack on Hawick during the night. On the first alarm the troops drew off to a place of greater safety up the nearest river, probably the Teviot. The horsemen escaped, but the foot being hotly pursued by the enemy's horse, made a stand in a small wood, where seeing that resistance was useless they yielded themselves prisoners. Ruthven thinking that the custody of so many prisoners would be inconvenient, especially in such severe weather merely disarmed and dismissed them, under a promise to give themselves up on an appointed day, taking a number of hostages for their appearance.* Soon after this exploit Buccleuch was warded in Doune castle in Mcntieth, but in July 1572 he received permission to return home for the purpose of setting his family affairs in order. f In March 1571 he had begun to rebuild Branxholme, which had been so completely destroyed the previous year. Although his own hands had done the work it must have been with feelings of poignant regret that he saw the ancient home of his forbears laid in ruins ; and this probably gave rise to the reflection on the mutability of all earthly things, which he caused to be inscribed over the arched doorway of the new house. It is still perfectly legible, and runs as follows — ' In. varld. is. nocht. nature, hes. vroucht. yat. sal. lest. ay. Thairfore. serve. God, keip. veil. ye. rod. thy. fame. sal. nocht. dekay. Schir Walter Scot of Margret Douglas Branxholme 157'-' Knycht. In 1574 Buccleuch was taken seriously ill and died; and the building of Branx- holme was completed by his widow in 1576, as appears from inscriptions still to be seen on the walls. Above the original entrance is a stone on which are sculptured the arms of Scott of Buccleuch, and surrounding it is inscribed, ' Sr. W. Scot. Umql. of. Branksheim. Knyt. sone. of. Sr. William. Scot. of. Kirkurd, Knyt. begane. ye. work. of. yis. hal. upon. ye. 24. of. Marche. 157 1. Zeir. quha. deparitit. at. God's, plesour. ye 17 of April 1574.' etc. Another * Buchanan's ' History of Scotland,' vol. iii. p. 358. t Ridpath's 'Border History,' p. 442. Upper Teviotdalc and the Scotts of Buccleuch. 231 stone bearing the arms of Douglas is also surrounded by an inscription, ' Dame. Margret. Douglas, his. spous. compleittit. the. Forsaid. work. in. October. 1576.' Although Sir Walter Scott had led such a stirring adventurous life, he was only twenty-five years of age at the time of his death. From boyhood he had taken an active and prominent part in the great struggle which agitated Scotland at the time. He was one of Queen Mary's most devoted partisans, and fought in her cause so long as her party could continue the struggle. Peace having been restored, he spent the last two years of his life in superin- tending the rebuilding of his house at Branxholme when he resided chiefly in Hawick. He showed great activity in the discharge of his commission to main- tain order and punish transgressors ; and the year before his death he captured a notorious thief named Hopshaw, whom he caused to be executed according to the summary mode of procedure usual at the time. Six days before his death he made a will, dated at Hawick the nth day of April 1574. The document set forth that, 'the Quhilk day Walter Scott of Branxholm, Knycht, seik of body, but hail in spirit, constituted and ordained James, Earl of Morton, Regent of Scotiand, tutor and governor to his wife and children, whom failing, Archibald, Earl of Angus, and under them, John Johnstone of that Ilk.' He also constituted and ordained Margaret Douglas his spouse, and Margaret Scott his daughter, his executors. Among the legacies bequeathed in the will, are, ' to John Watsoun forty bolls of beir ; to Willie Hutoun threttic or fourtie pundis, as it shall please his said spous and vthcr frendis, and he to serve his wife befoir any utheris ; to Willie of Allanhauch the Kirkland his awne roume ; to little Wattie of Bowdene, that to be done to him at the sight of friends.'* In the inventory taken after his death, Buccleuch's wealth is shown to have consisted chiefly of sheep and cattle. The money value of such gear was very small ; two-year old stots and queys were appreciated at 3s. 4d., one-year old stots is. 8d., new calved kye ,£5, and a forrow cow 6s. 8d., ewes with their lambs were worth is. 9d., and other classes of sheep from 1 id. to is. 6d. Barley was valued at 4s. 2d. per boll, meal and malt 5s. per boll, and oats with the fodder 2s. 6d. per boll, Scots money. The valuation of his whole effects only amounted to £5882, 12s. 4d. Scots, which after deducting the debts 'awing be the deccasit,' the 'fric geir' only amounted to -£1395, 12s.. ox £\\6 sterling. In the settlement of his affairs, there were numerous payments made to different * Fraser's 'Scotts of Buccleuch' vol. i. p. 158. 232 Upper Teviotdale and the Scotts of Buccleuch. tradesmen in Hawick, for all sorts of household and personal necessaries, and other furnishing. Sir Walter Scott was married at a very early age. The exact date has not been recorded, but he must have been under sixteen, as he left a son nine years old. His wife was Lady Margaret Douglas, daughter of David, seventh Earl of Angus. According to Scot of Satchells, Sir Walter left his widow above twenty thousand merks a year of jointure. He says, ' Now lest you should think that I flatter, or am a liar, I will nominate the lands and where they lie for justification of myself ' To give a just account of that jointure, To the Piel and Hathern I will repair To Analshope and Glengeber, To Whitup and to Black-grain, To Commonside and Milsanton-hill, And Eilridge is left -all alone, Except some town-lands in Lanton. ' Now, my muse, to the east country go we, And talk of Eckfoord's barony, Which barony she none did miss, But all into her jointure was, In cumulo I do declare, Its above twenty thousand merks a year, It was a worthy conjunct fee, For a Knight to give to his Lady.' CHAPTER' X. ' The widdefow wardanis tuik my geir, And left me nowthir horse nor meir, Nor erdly gud that me belangit ; Now Walloway ! I maun be hangit.' Sir David Lindsay. The civil war in Scotland had been prosecuted with great bitterness. At one time it almost seemed as if the two parties would annihilate each other in the fury and intensity of the conflict. Dreadful scenes were enacted all over the country. 'Towns beleagured by armed men. Villages in flames, women and children flying from cottages where their fathers or husbands had been massacred ; and even the pulpit and altar surrounded by a steel clad congregation which listened with their hands upon their weapons. All useful or peaceful arts were neglected ; the fields left uncultivated, and the country weakened by the struggle, seemed on the verge of ruin.' * At length it became evident that the Queen's cause was hopeless, and that her party must succumb. The people were weary of turmoil and bloodshed, and earnestly longed for rest, peace, and a settled government ; whether under King or Queen they were at length disposed to think was of secondary importance. By the year 1573 the government of the young King was established under the regency of the Earl of Morton, and was supported by Queen Elizabeth. It was better to have the Queen of England for a friend than an enemy, as the most bigoted could not fail to see ; and there was a general disposition to sink all national jealousies, and to cultivate amicable relations with ' our auld enemies of England.' At all events peace was restored, and the country enjoyed a period of much needed rest from wars, both foreign and domestic. It can hardly be said, however, that the general harmony and good order extended to the Borders. The Borderers had suffered grievously during the recent troubles. Of the two leaders who had fought in the cause of the Queen, * Tytler's ' History of Scotland,' vol. vii. p. 370. H H 234 Upper Teviotdale and the Scotts of Duccleuch. Bucclcuch had been prevented by his imprisonment from offering any further opposition to the King's government, and his death occurred very soon after peace was restored. Sir Thomas Ker of Fernihirst did not give in his submission to the new regime, but put himself at the head of a party of his followers, and harassed the burgesses of Jedburgh, and the retainers and adherents of his kinsman, Ker of Cessford who had been his opponents in the civil war. The usual retaliation followed, as a matter of course, and a long list of outrages perpetrated by both parties was laid before the Privy Council for redress. A complaint lodged by Robert Ker of Ancrum Woodheid, against Ker of Cessford, contains an in- ventory of the 'guidis, geir, and insight plenishing' taken away, and is interest- ing, because it proves, that even after all the plundering and spoliation to which the Borderers had been subjected they still possessed many of the comforts and elegancies of life. Sir Robert Ker of Fernihirst and a number of his retainers had been ' ressett ' by Ker of Ancrum, who had made great preparations of ' meit and drink for their entertainment.' Sir Thomas Turnbull of Bedroull, and the Provost of Jedburgh, with about five hundred men, made an attack on Ancrum Woodheid, and breaking up the ' yettis and durris, took furth of the said place of Ancrum 1 1 bollis of heipit meil, 30 bollis of clene quhiet, 50 bollis of malt, 30 martis of salt beif ; the aill of 12 bollis brewing of malt, estimate to ten gallownis the boll, ane tun of wyne, to wit 3 puncheonis of clarett, and ane puncheoun of quhyte wyne. 50 stane of cheise, 24 stane of butter, 16 stane weight of candill, ane barrikin of vinagrer containing 6 quarts, ane quart of oy d'olief ; four silver tassis, ane silver maser dowbill overgillt, weyand 18 unce ; twa dosane silver spunis ; twa silver saltfattis, ane thairof partiall gilt with gold, with the cover weyand 12 unce, ane silver fute to ane coupe, weyand five unce ; 3 dozen Flander poyder (pewter) plaittis, weyand five stane wecht ;. 5 dozen Flander poyder trenchers, twa basingis, twa lawers of Flanders poyder, five tyn (tin) flaconis of Flanders work, twa thereof full of aquavite, 12 pottis, 8 panins of Flanders work, four irne rakkis, eight irne speittis, twa frying pannis, twa rosting irnis ; 1 1 Furnist fedder beddis, with scheittis, coveringis, coddis, bousteris, blankattis ; three standis of napery of fyne Flanders dernik work ; three stand of small linen claith, three gentlewomanis gownis, to wit ane gown of blak champlott silk begareit with velvot, ane Frenche blak begareit with velvot, the third of Scottis russat, begareit with velvot ; three Upper Tcviotdale and the Scotts of Buccleuch. 235 menis dowblattis, ane thairof blak satine, price thairof £10 — ane other of violet armosie taffatie, and the third dowblat of blak bumbassy ; three hattis to gentill women, ane of blak velvot, ane uther of blak armosy taffatie, and the third of blak felt with ane string to it ; ane mekill brasin watter fatt.' Besides a large quantity of wheat, oats, barley, peas, etc., which was taken from the barns and barn yards, there was a considerable sum of money carried off, of which a detailed description was given 'to wit — twenty scoir crownis of the sone, 100 auld angel nobillis, 11 rose nobillis, 5 portingall ducattis, five hundred merkis in quhite money, sic as Scottis pecis, Scottis testanis, plakis and babies (bawbees).' The pursuer got very little satisfaction for the ' scaithes ' he had sustained ; for the defendants pleaded that all that they had done was in the service of our ' Soverane Lord the King for resisting and repressing of his Hienes declarit tratouris, rebellis and inobedient subjects, and thair wickit interpryses.' Judgment was accordingly given against the ' complenaris.' * The Lords of the Council may have been influenced in this decision by the fact that Ker of Ancrum had a reputation for helping himself, and that much of the goods thievishly carried off by the burgesses of Jedburgh, was probably stolen from them in the first instance. A short time previously, the Magistrates of Jedburgh, complained before the Council that certain neighbours on their way to Leith with packs of skins, ' in sober and simple manner,' were seized at the Coble of Dryburgh, by Robert Ker and his followers, and cast into a dungeon at Ancrum. -f- In consequence of his vigorous and unyielding opposition to the government of the King, Ker of Fernihirst's estates were confiscated, but by special favour of the Regent, a portion of them was granted to his wife, Janet Scott, sister to the Laird of Buccleuch, that she and her children might not be deprived of the means of living. Fernihirst's mother attempted to take forcible possession, and to expel her daughter-in-law ; but Dame Janet Ker appealed to the Privy Council, and was confirmed in her possession of the estate. % During the civil war and the troubles, which preceded it, the Liddesdale clans had, as usual taken advantage of the general anarchy, and continued their depredations with increased violence and rapacity. The policy of the govern- ment, towards these marauders had however undergone a great change. The * Register of the Privy Council, vol. ii. p. 269. f A p. no. J lb. p. 32a 236 Upper Teviotdale and the Scotts of Buccleuch. protestant party which was now dominant in Scotland, had been supported by Queen Elizabeth, and had triumphed at last by the help of an English army. The ancient League with France had come to an end in the religious struggle of the Reformation ; and it was above all things desirable that the Alliance with England should be strengthened and maintained. The Border clans had long been a source of trouble to the government, but while restraining their lawless proclivities and repressing their outrages, their value for the defence and protection of the country in war with England was never lost sight of, and so long as such warfare, was of likely recurrence it was impolitic to alienate or destroy them. Now, instead of being a bulwark to strengthen the national defences, the Border thieves had become an element of danger and consequent weakness, and their predatory raids into England, could no longer be tolerated, since it was of paramount importance to preserve peace and harmony with the sister kingdom. The war of extermination against the thieves which had been pursued by the Regent Murray, was vigorously followed up by Morton with great violence and ferocity, as numerous edicts of the Privy Council abundantly prove. Musters of the Fencible men of the southern counties were frequently proclaimed in order to proceed against the thieves, many of them had been put to death, and had their houses and ' gudis ' burned, yet though intimidated for the time, the survivors soon returned to their old habits, and the masterful ' stouths reifs,' and other enormities, were continued as before. The plan had been adopted of making the ' heidmen ' of the borders responsible for the obedience of certain of the thieves within their jurisdiction, and the government had also taken possession of certain leaders as pledges, or sureties for the good behaviour of their followers, who it was confidently assumed would do nothing to prejudice the safety of their patriarchal chiefs. These pledges were placed in the ' Incountry, with the nobill men, baronis and utheris, having gude housscs, seeing the King's Majesties awin houssis are not well abill to detene sic a multitude as necessarlie for his gude occasioun mon be kepit.'* At first these pledges were treated by their custodiers more as guests than as prisoners, and the surveillance to which they were subjected was gradually relaxed, till bye-and-bye they were found back in their old haunts, and at their old occupations. This laxity led to another act of the Privy Council, by which * Records of the Privy Council, vol. ii. p. 477. Upper Teviotdalc and the Scott 's of Bticcleuch. 237 the receivers of pledges were enjoined to hold them in strict durance — and 'to surely keep them in firmance, in na ways letting them escape or eschew on band or otherwise, quhil they be freed and relieved ' by the Regent in the Sovereign's name.* Heavy penalties were exacted from those who allowed their prisoners to escape, and Stirling of Keir was amerciated in two thousand pounds for letting Little of Kessoch escape out of his custody.t In 1573, Sir Walter Scott became surety for Ralph Ker who was imprisoned in Hadokshole, in Berwick, for offences against an Englishman, for which the damages were estimated at three thousand six hundred pounds Scots. Ralph, who had been released from durance, was to remain in ward in the town of Berwick, but he had ' unthankfully broke his ward,' and Scott became liable for payment of his bond, to 'his great hurt and skaith.'J A number of reputed thieves had taken up their quarters at different places in the neighbourhood of Hawick. Earlside, Kirkton, and Hummelknows were occupied by Crosars ; Priesthaugh, Quheittelbrac and Swinteis by Elliots. These were all people who had made themselves obnoxious to the government by their outrages. William Douglas of Cavers, James Gledstains of Coklaw, and Robert Elliot of Rcdheugh, had become sureties for these men, that they would pass ' out with the swires ' and remain in Liddesdale giving pledges for their obedience to the law. These gentlemen were bound under a penalty of 5000 merks each, to see that the thieves with their ' wives, bairns, cornes, and guidis ' should remove themselves within a specified time. Should they object to leave, they were to be burnt out, their 'comes and guides desponit, and if trew men could not be found to occupy their holdings they were to be laid waste.' These conditions not having been fulfilled the three sureties forfeited the 5000 merks. || The Borderers had been in the habit of sending their stolen goods, cattle, etc., to certain receivers or friends in the ' incountry,' to be disposed of, or for safety when a warden raid was imminent. A proclamation was issued forbidding this practice on 'pain of deid,' and it was enjoined that no one take in hand to reset, supply, or intercommune with any of the said thieves, or give them meat, drink, house, or harbouring — 'under pain of death or confiscation of all their goods, and to be reputed and holdcn participant with the said thieves, in all their theftuous and evil deeds.'§ * Register of the Privy Council, vol. ii. p. 477. t //'. p. 626. X fl>- p. 307. !| lb. p. 371. § #. p. oiy. 238 Upper Teviotdale and the Scotts of Duccleuch. Notwithstanding all the efforts made to suppress crime, — murder, reif, theft, masterful oppression, and other enormities still prevailed to a great extent, and many of the perpetrators went about unpunished. It was therefore ordained that a roll containing the names of all such male- factors should be sent to the wardens, both in England and Scotland, and to other officers near the Borders, and they and the lieges generally were commanded to seize on the persons named on the roll, and to bring them to justice. All who received or harboured them to be punished as principals.* These repressive measures had but a temporary effect in reducing the amount of crime, and were totally unavailing to change the character of the Borderers, or induce them to seek an honest calling. For hundreds of years war had been the Borderers' native element. They had been nurtured amidst danger and bloodshed ; exposed to robbery and oppression all their lives, and compelled in self-defence to rob in their turn. They had no peaceful or honest occupation to fall back on, ' rapine, cheating, and resetting' were their ordinary avocations, their only means of subsistence, and they pursued their calling on a small scale or a large one as circumstances permitted. This hazardous mode of life had singular charms for those who had been trained to it. It was a free and adventurous existence, and the dangers with which it was surrounded added an enjoyable zest to it. Even the very probable contingency of ending their career on the gallows did not greatly trouble the freebooters. Hanging had become such a familiar experience, that it had lost half its terrors. It was therefore manifestly impossible that laws, however stringent, or punishments however severe, could convert these hardy freebooters into peaceful graziers and cattle dealers. Their reformation could only be the work of time ; and was only possible when a permanent peace was established between England and Scotland. The last warlike encounter between these ancient enemies occurred at a warden raid which was held at the Reidswire in 1575. A swire is a high lying marshy piece of ground at the water shed whence the streams descend on opposite sides. The Reidswire is situated among the Cheviot Hills, near the Carter, and at the source of the Reid water, which flows through Redesdale in Northumberland. On the north side the streams trickle down and form one of the tributaries of the Jed in Roxburghshire. * Register of the Privy Council, vol. ii. p. 572. Upper Teviotdale and the Scott s of Buccleuch. 239 At this spot, on the boundary line between the two kingdoms, the wardens of the respective countries met to settle disputes, and listen to any complaints which might be brought before them, when their deliberations were interrupted by the accidental skirmish known as the Raid of the Reidswire. Sir John Forster was Warden of the middle Marches of England, and Sir John Carmichael was Keeper of Liddesdale. A dispute arose about a prisoner whom the English Warden refused to deliver up, and this led to high words and then to blows.* The English were the first to break the peace. At the beginning of the fray the Scots had the worst of it, but being joined by the men of Jedburgh they rallied, attacked and totally routed the English, many of whom, including Sir John Heron, Keeper of Tyndale, were slain ; and Sir John Forster, Sir Francis Russel, and above 300 were taken prisoners and conducted to the Regent, who dismissed the humbler captives, and detained the prisoners of note in hospitable confinement in his castle of Dalkeith.'! The ' Raid of the Reidswire ' was the subject of a ballad published in the ' Minstrelsy of the Scottish Border,' from a copy in the Bannatyne MSS. in the handwriting of the Hon. Mr Carmichael, advocate. It first appeared in Allan Ramsay's Evergreen,' but in transcribing it he had taken some liberties with the manuscript. No date has been assigned to the ballad, which professes to have been written by a contemporary and eye-witness of the exploit. ' Carmichael was our warden then,' sounds like an old man telling the events of his youth to a younger generation who ' knew not Joseph.' It looks like an old composition, and though probably not quite contemporary, may have been written shortly after 1600. The writer describes the encounter with much graphic force and rugged sim- plicity. It is a strange picture which the ballad presents to us ; a picture character istic of these warlike times, and in striking contrast to our own. It is a summer morning, and a court of justice is to be held in this remote upland valley, where ' The soft souch of the swyre and the sound of the streams, Micht comfort any creature of the kyn of Adam.' Scarcely a human habitation is to be seen — nothing save heath clad hills stretching away in every direction. The majesty of the law is not represented * Burton's ' History of Scotland,' vol. v. p. 153. t Tytler's 'History of Scotland,' vol. viii. p. 18. 240 Upper Teviotdale and the Scotts of Buccleuch. by grave judges and learned lawyers, but by soldierly Wardens, each with a large following of armed men. To a casual observer, had any such been present, the gathering bore somewhat the aspect of a fair. Tents were erected, and travelling merchants appeared with their pack horses, which were quickly unloaded, and their wares spread out to attract the purchaser. The mediaeval equivalent for the card-sharper came to tempt the unwary. The vendor of wines and spirits and other creature comforts was there to minister to the wants of the inner man. Then the clients, the complainers and defenders, with their friends and followers came, not in solitary groups, but in hundreds, and the usually silent hills resounded with the ring of their bridles and the trampling of their horses. They were fully armed though bent on a peaceful errand. The Scotts were there with the Laird's Wat at their head ; from Bcdrule came the Trumbles, strong and stout. The Rutherfords, who ' with grit renown, Conveyed the town of Jedburgh out. There were the Elliots, and the Armstrongs, and ' A' the lave o' Liddesdale. ' ' Then Teviotdale came to wi' spied ; The Sheriffe brought the Douglas down, Wi' Cranstane, Gladstain, good at need, Baith Rewle Water, and Hawick town. ' Of other clans, I cannot tell, Because our warning was not wide, Be this our folks hae ta'en the fell, And planted down palliones * there to bide. ' The writer then describes the muster of the English — ' We looked ower the other side, And saw come breasting ower the brae Wi' Sir John Forester for their guyde, Full fifteen hundred men and mae. ' Then they ' Saw come marching ower the knowes, Five hundred Fenwicks in a flock — * Tents. Upper Teviotdalc and the Scotts of Buccleuch. 241 ' With jack and spear, and bowes all bent, And warlike weapons at their will. Although we were na weel content Yet, by my trouth, we fear'd na ill.' When such a gathering of ancient enemies meet face to face, fully armed, there is a conjunction of inflammable material which the least spark is sufficient to set in a blaze. The meeting, though not exactly friendly, was peaceable. It had for its object the settlement of differences, and the redress of injuries in a quiet and legal manner ; but many, no doubt, would have preferred the old plan of taking law into their own hands. Their hostile feelings, though held in check, were lively enough, and our author notices an air of ' crouse' arrogance about the English, which he attributes to their superior numbers — - ' Yett was our meeting meek eneuch, Begun wi' merriment and mowes, And at the brae aboon the heugh, The clerk sat down to call the rowes.' * Then business was proceeded with, — those who had complaints to make came forward to state their grievances, while others passed the time according to their several inclinations — ' Some gaed to drink, and some stude still, And some to cards and dice them sped.' Then a dispute arose, high words were heard, and the Tyndale men sent a flight of arrows among the Scots, who, nothing loth, rushed to the fray. The slogan of each party echoed from all parts of the field, followed by the rattle of pistolets, the clash of steel, and the whirr of hundreds of arrows. The English had the advantage in numbers, and at first it seemed as if they had the victory ; but the merchants, packs were a tempting prize, and the Tyndale men stopped to rifle them, and while busy loading themselves with the ' geir,' the Scots rallied and renewed the attack, and ' With help of God the game gaed right, Frae time the foremost o' them fell, Then ower the knowe without good night, They ran with many a shout and yell,' leaving the Scots masters of the field. * Rolls. I I 242 Upper Teviotdale and the Scotts of Buccleuch. There must have been a considerable muster of the men of Teviot- dale at the Raid of the Reid Swire. Those from Hawick were led by ' Little Gled- stane.' The Gladstones were men of some note in Hawick, | and the neighbourhood. The head Xi of the family was Gladstone of Coklaw, or Ormiston, a place about a mile from *■ the town, and another member, related by marriage to the House of Buccleuch, \ resided at Whitlaw. The Gladstones • seem to have interested themselves in the affairs of the town, their names being frequently mentioned in connection with it and the surrounding district, and it is evident that in ' Little Gledstane, good at need,' the people had a leader whom they ' admired and trusted. 'The Laird's Wat, fi> that worthy man,' who led the Scots to -jo the fray, was Walter Scott of Goldilands, a natural son of wicked Wat, who was killed by the Kers. During the minority of the head of the house he acted as his Bailie and representative and it was within the ordinary range of his duties to lead 'the Sirname.'* * Fraser's ' Scotts of Buccleuch,' vol i. p. 164. Upper Teviotdale and the Scotts of Bucclench. 243 The friendly yet familiar way in which the names of ' Little Gledstane,' and the ' Lairds Wat ' are mentioned, and the little homely personal tributes paid them, indicate that both these gentlemen were well known to the writer of the ballad, and would lead to the inference that if not a Scott he was at least a native of Upper Teviotdale. Walter Scott of Goldilands, was a man held in high esteem by his friends and contemporaries. The tower or peel of Goldilands still stands, a grey ruin on a hill overlooking the Teviot, about half-way between Hawick and Branxholme. It was called the watch tower of Branxholme, and from its commanding situation it was well adapted to give warning of the approach of danger.* The tombstone of Walter Scott of Goldilands, formerly stood in the north Aisle of St Mary's Church, but when the church was renovated some years ago, it was removed to Hawick Museum. The inscription on the stone which is here transcribed is still perfectly legible. 'The Descriptiovne of Valter Scott of Govdilandis his Qvalteis. Heir lyis Bvriet visdome & virthiness, Heir lyis Bvriet Trevth & Honestie, Heir lyis Bvriet Fridome & Gentris, Heir lyis Bvriet Manhude & Cheritie, Heir lyis Bvriet Largeniss & Lavlie, Heir lyis Bvriet Hap & Experience, Heir lyis Bvriet Pietie & Diligence, Glorie be to God for all.' On another stone which lay over the grave was the following inscription :— ' Valter Scot His Genealogie. Her lyis in this Sepvltvre Valter Scot of Govdilandis sone Natvral to Sir Valter Scot the Valiant Laird ol Bucklevch yat vas slane crevlie be ye Kerris in Edinbvrgh vithin nicht being vnaccompanyit be his freindis or Servandis onlie except tva of his Dependeris attending on him not respecting nor suspecting thair Inten- tione. This happinit in Septemt>er the 53 zeir of his age ye zeir of God 1552. ' This formensonit Valter Scot departit this life at Govdilandis in November ye zeir of God 1596 and vas of age att his deth 64.' The raid of the Reid Swire was likely at one time to have led to serious consequences. Queen Elizabeth ignoring the fact that her own subjects had * ' Statistical Account of Hawick,' dated 173S. 244 Upper Teviotdale and the Scotts of Buccleuch. been the aggressors in the encounter, by which the laws of truce were violated, was indignant that her Warden should have been taken prisoner ; but by the exercise of a little diplomacy on the part of the Regent a quarrel was averted. The prisoners were released with many civil regrets, and Sir John Carmichael was despatched on a mission to Queen Elizabeth, which partook somewhat of the nature of an apology for his victory. The Regent sent with him among other presents to the Queen a cast of valuable falcons. Morton's talent for driving a hard bargain was well known, and this present gave rise to the jest that the Regent had for once made a bad bargain, for he had given live hawks for a dead heron, in allusion to the death of Sir John Heron.* A proclamation was issued, and ordered to be read at the Market Crosses of Hawick, Jedburgh, and other Border towns. ' Forsamekill as at the lait meeting on the Reid Swyre upoun the vii. day of Julii instant, thair is ane unhappy accident fallin, to the hinderance of the ordinar cours of justice betuix the subjectis of bayth the realmis thair convenit, to the incouraging of wickit men to attempt further mischief and disordour in the pre- judice of the peace and gude amytie, sa lang and happelie continewit betuix our Soverane Lord and his dearest sister and cousignace, the Quene of England of quhais sinccir intentioun to the inviolabill observatioun of the same peace we have had gude pruif, and restis fully assurit. Quhairfoir, and to the effect that all occasioun of forder troubill displeasour and misrule sal be avoidit heireftir, and that the gude peace, amytie, and ordinar administratioun of justice may be observit, and continwe betuix the subjectis of bayth realmis, without ony violatioun on the part of our Soverane Lord, and his subjectis, — ordanLs letters to be direct to officiaris of Armes, Shereffis in that part, charging all and sindry, our Soverane Lords leigis, that nane of thame tak upoun hand to do or attempt onything in hurt or prejudice of the said gude amytie bot observe and keip the said peace without brek or violatioun of any sort, as they will answer to his Hienes upoun their allegeance at their uttirmost charge and perrel, and under pane of deid.'-f- 'The troubill and disorder' which happened at the meeting at the Reid Swire was the subject of many orders of council, and great efforts were made to restore the peace, and keep order. The broken men of the Border had made sundry raids on the English, and a muster of the ' earls, lords, barons, freehaulders, * M.S. letter, State Paper office, Huntingdon to Leicester, 14th August 1575. t Register of the Trivy Council, vol. ii. p. 459. Upper Teviotdale and the Scotts of Buccleuch. 245 landit men, gentlemen, and substantious yemen men,' of all the southern counties was commanded to meet the Lord Regent at Jedburgh with twenty days' pro- vision, to suppress the disorders in the middle March.* Eighteen months later the Regent, who was holding courts of justice on the Borders, caused a proclamation to be made at the market crosses of Jedburgh, Hawick, Melrose, Kelso, etc., commanding that all who had goods taken from the English at the Reid Swire, and had not already made restitution of the same, should bring them to the churchyard at Jedburgh, and there deliver them up in the presence of John Carmichael, son of the Warden. Those who failed to deliver up such goods were to be proceeded against as if they had been the actual thieves, f In 1579 tne plague 'or pestilence' was raging in England, and great pre- cautions were taken to prevent the spread of infection to Scotland, all traffic between the kingdoms being forbidden ; and ' as sindry English men now repairs to the common mercattis upon the bordouris of this realm quhair throw there is evident peril of the further infection of the said plague to be spread in this realm without God in His mercy impede the same ;' therefore the holding of markets in the Border towns was prohibited. \ In spite of these precautions the plague spread to Scotland, and committed great havoc. In 1 58 1 a proclamation was made that there being 'preparation and down- coming of the forces of England to the Bordouris of this realme, for quhat occasionis is yet uncertain, it is thought necessary that the lieges be in present and full reddyness for defence.' ' Accordingly it is ordained that the fencibles throughout the kingdom weill bodin in feir of weir, be in full reddyness to repair to sic place or places with sa mony days' victuallis and provision as they sail be certified by the next proclamation, upon six hours' warning.'H It was found, however, that the suspicion of hostile intentions on the part of England, was groundless, and the muster was never called. In 1580, a large party of English and Scotch reivers made a raid on the lands of Mickle Whitlaw, on the Slitrig, a mile or so above Hawick, belonging to Buccleuch, but held by his relative and retainer John Gladstone, and stole certain nolt, 'to the utter wrack and herchip' of Gladstone ; and the 'fray coming to the house of Branxholme,' about fifty of the clan set out the same night, and followed * Register of Privy Council, vol. ii. p. 460. t lb. vol. ii. p. 560. % lb. vol. iii. p. 229. 1! lb. vol. iii. p. 366. 246 Upper Teviotdale and the Scotts of Buccleuch. the thieves through Liddesdale till they came to Billieheid, in Cumberland, where they searched for the stolen cattle, but were unsuccessful in discovering them. Their horses being fatigued they turned back, and were proceeding home- wards, when they were suddenly attacked by a force of about three hundred of the Liddesdale men. The Scotts, who only numbered about fifty, being taken by surprise, had no chance against such overwhelming odds. They defended themselves gallantly for a time, but were defeated. ' William Gledstain ' was killed, and Scott of Goldilands, and Elliot of Redheugh were wounded, along with about a dozen others. All the rest were taken prisoners, and were only released, upon agreeing 'to mak bond and promise unto the Laird of Whit- haugh and his complices, to enter again upon aucht days' warning.'* James Gladstone of Coklaw brother of Gladstone of Whitlaw, Scott of Goldilands, and Elliot of Redheugh, lodged a complaint with the Council, and a large number of Armstrongs, Elliots, and others, were summoned before the Lords of the Council, to answer for this outrage, but failing to appear, they were denounced rebels, and put to the horn. Robert Elliot of Redheugh, who was with the Scotts, and against his own clan in this affair, was deputy-keeper of Liddesdale. His name appears at different times in conjunction with other gentlemen who were interested in main- taining order and good rule. Martin Elliot of Braidlie and his followers committed many other depreda- tions against the Scotts. They came under silence of the night, to the land occupied by Lady Margaret Douglas, Countess of Bothwell, and stole forty kye. From her farm of Whitlaw they took one hundred sheep, twenty kye and oxen, and two horses ; and from the steading of Walter Scott of Harden eighty cattle and six horses, and the inside gear and plenishing of six of the 'puir tenentis houssis.' -f- Appeal was made to the Privy Council for redress, and it was stated that unless some protection were afforded, the complainers would be compelled to leave their lands. The depredators were put to the horn, and their goods forfeited, but as this was a mere form so far as it affected the Liddesdale clans, the Scotts took the matter into their own hands. The feud thus engendered was pursued with great animosity by both parties, so that it became necessary for the Register of Privy Council, vol. iii. p. 309. f lb. p. 335. Upper Teviotdale and the Scotts of Bnccleiich. 247 Council to interpose, and make each clan give assurances for the 'better quietness and gude rule to be kepit in the cuntrie.' Notwithstanding these assurances, the feud continued for about five years, and harassing raids were made by the Elliots and the Armstrongs, on the estates of Bcllendean, Eilrig, and other places belonging to Buccleuch. The Scotts took their revenge as best they could, and the council again passed sentences of horn- ing and forfeiture, — sentences which the Borderers regarded with philosophic indifference, since it was almost impossible to enforce them.* In 1582, a great muster of the fencible men of all the countries south of the Forth and Clyde, was proclaimed to meet the King at Peebles, to proceed against the Border thieves, whose frequent slaughters, bloodshed, fire-raising, and open rciffis, thefts and oppressions, had become very grievous ; the forces were to come well armed and provided with one month's victuals,f ' for persute and invasioun of the saidis thevis, thair manteinaris and resettaris, with fyre and svvcrd, quhill thcy be repressit and reducit.' The young chief of Buccleuch was nurtured among broils and feuds, and at an early age he took part in the exploits in which his clan were engaged. When about seventeen, he was warded in the Castle of Blackness for some offence supposed to be connected with these feuds, but he made his escape after a brief interval, and afterwards received letters of remission from the King. The legal procedure of the sixteenth century presents some curious anomalies. Though robbery and other minor offences were punished with death, the penalty for murder was a matter of arrangement with the relations of the murdered man, as the following case proves. Will Robeson of the Rough-heugh Mill, in Wilton, near Hawick, having been guilty of the slaughter of James Hall, in Wollie, (Wolflee), James Langland of that Ilk, became surety to Malie Hall, only daughter of the deceased, that Robeson his tenant, would 'satisfei the said Malie for the slaughter of her umquhile fader,' but ' nocht withstanding scho is drifted and delayit to her heavy dampnagc and skaith.' Malie appealed to the Lords of the secret council, and charged James Langlands to make payment of the sum of twenty merks for assyithment and satisfaction to her. When the complainer was satisfied, the ends of justice would appear to have been secured.* * Register of Privy Council, vol. iii. p. 441. \ lb. vol. iii. p. 524. X Records of the Privy Council, vol. ii. p. 571. 248 Upper Teviotdale and the Scotts oj BticcleucJi. About the year 1 591, Francis Stewart, Earl of Bothwell, attained great notoriety on account of his daring attacks upon the King. This eccentric noble- man was a son of John Stewart, secular prior of Coldingham, an illegitimate son of James the Fifth, who had married Lady Janet Hepburn, sister to the infamous Earl of Bothwell the husband of Queen Mary. Francis lost his father when quite a child, and Queen Mary assumed the guardianship of the boy, in whom she took a warm interest, and he was also a personal favourite with King James. After the forfeiture and banishment of Queen Mary's Bothwell, the Earldom was vacant for a time. At length it was suggested that to confer it on Francis Stewart, his nephew, would be very appropriate, and he was accordingly created Earl of Bothwell in 1587. He had some years previously married Lady Margaret Douglas, widow of Sir Walter Scott of Buccleuch. During the earlier years of his reign, James the Sixth, always a weak tool in the hands of some dominant favourite, was very much under the influence of the Earl of Arran, a man of an infamous character, and of a tyrannical disposition. An attempt had been made to remove the King from his power, but the enterprise which was known as the Raid of Ruthven, terminated in disaster to the conspira- tors, most of whom suffered forfeiture and banishment. In 1585 the exiled noblemen agreed to make another attempt to expel the obnoxious Arran from the King's Councils, and they marched to Stirling where the King was holding his court, accompanied by Maxwell, Home, Bothwell, Buccleuch, and other Border chieftans, with a large force of Borderers ; and Kinmont Willie a noted freebooter, with a number of his clan formed part of the expedition. These Borderers repeated the exploits which they or their forbears had performed in the same town nearly twenty years previously, when the Regent Lennox was killed. They pillaged the shops, emptied the stables of horses, and even tore off the iron gratings from the windows and carried them away ; though what could be their object in cumbering themselves with such weighty spoil, it is difficult to conceive. Unlike the former expedition, however, the cupidity of the Borderers did not frustrate the object of their enterprise which was completely successful. Arran fled as soon as he heard of the approach of his enemies, and the King yielding to the pressure of circumstances, received the exiled Lords, and restored them to their former honours and estates. The King noticing Bothwell among the armed barons, said, looking reproach- fully at him, ' Francis, Francis, what moved thee to come in arms against thy Upper Teviotdale and the Scotts of Buccleuch. 249 prince, who never wronged thee ? I wish thee a more quiet spirit else I forsee thy destruction.'* The King's friendship for the Earl of Bothwell was as warm as ever, notwith- standing his rebellious appearance at Stirling. When he went to Denmark to bring home his bride, Bothwell and the Duke of Lennox were left in joint authority as his lieutenants. During the King's absence, Bothwell was said to have had occult dealings with the witches, by whose means, it was alleged, he sought to procure the death of his Sovereign. It is in the highest degree improbable that he had any such object in consulting these supposed handmaids of the evil one ; but whatever was the nature or extent of his dealings with them, it was sufficient to form a pretext for his apprehension and imprisonment. He was lodged in Edinburgh castle, but soon succeeded in making his escape. He was furious at the accusation which had been brought against him, and at what he considered his unwarrantable arrest. In a fit of mad revenge he made the first of these insurrectionary enterprises against the King, which disturbed the next two years of his reign, and which are so remarkable, both for the courage and intrepidity displayed, and for the absence of all definite aim. With a large band of Borderers, Bothwell forced his way into Holyrood Palace, and battering at the doors of the royal apartments, attempted to seize the person of the King, but was at length driven off by the citizens of Edinburgh who alarmed by the noise of firearms, rushed to the rescue. In the same year, 1592, he made an attack on Falkland, where the King was, and was repulsed by the peasantry of the neighbourhood. Again in 1593, he forced an entrance into Holyrood and put the King in terror of his life, till the citizens again came to his assistance. In 1 594 he appeared at Leith with 500 Borderers, and in a skirmish with Lord Home's followers and the Town Guard, several were wounded and taken prisoners, and James narrowly escaped falling into the hands of his rebellious subject. This succession of outrages directed against the person of the King, who had been a generous benefactor to Bothwell, involving no great political principle, is inexplicable by any of the ordinary motives which regulate human conduct. They could scarcely have for their object any scheme of personal aggrandisement, and would rather seem to have proceeded from an insane desire for notoriety such as often leads people to commit great crimes. As Burton says, he must have * Spottiswoode, p. 343. KK 250 Upper Teviotdale and the Scott s 0/ Buccleuch. been a likeable madcap, for even the King who had suffered most from his eccentricities, spoke of him in a kindly spirit, and his large body of followers seemed to be sincerely attached to him.* This popularity at length failed him ; the Borderers tired of risking their lives to carry out his wild pranks, he was at last obliged to seek safety in flight. He retired to England, but found it advisable to proceed to France, and subse- quently to Spain and Italy, where he dragged out the remainder of his life in extreme poverty, earning a precarious subsistence by the display of his skill in feats of arms, and by fortune telling. He died at Naples in 1612. His wife the Countess of Bothwell met the King at the gate of Edinburgh castle, shortly after her husband's last attempt, 'and falling on her knees she besought him for Christ's sake that died on the cross to have mercy on her and her spouse.' Her tears and her piteous pleadings moved the King, who 'put out his hand, and would have ta'en her up. She kissed the back of his hand three times. Then he passed into the castle, and the lady came down the street.' t If the King had really felt any compassion for her it was very ephemeral, for a fortnight afterwards proclamation was made that no man receive the Countess of Bothwell, give her entertainment, or have any commerce or inter- course with her. In spite of all the strange vicissitudes of her career, the Countess of Bothwell lived to a great age, having survived her first husband Sir Walter Scott of Buccleuch for the long period of sixty-six years. After the rebellion and forfeiture of Bothwell, Sir Walter Scott of Buccleuch was appointed keeper of Liddesdale, in room of his stepfather. ' The King, with the advice of his Council, appoints Sir Walter Scott of Branx- holme, to be keeper of Liddesdale during his Majesty's will, and grants to him the fees and duties belonging to the said office, with the same authority to use the same as had belonged to Francis, sometime Earl of Bothwell, or any of his predecessors. The said Sir Walter being present accepts the said office ; and intimation of the appointment is ordered to be made at the market crosses of Kelso, Jedburgh, and Hawick, with command to the inhabitants of Liddesdale and other lieges to acknowledge the new keeper, and assist him in all his ways.'} Scott was afterwards involved in the treasonable exploits of his stepfather, but to what extent does not appear. A sentence of exile was pronounced * Burton's ' History of Scotland,' vol. v. p. 284. t Scotts of Buccleuch, vol. i. p. 161. % Register of Privy Council, vol. iv. p. 649. Upper Teviotdale and the Scot is of Buccleuch. 2 5 1 against him, and James Scott of ' Balwery and William Scott became caution under a penalty of £10,000 for Sir Walter Scott of Branxholme that he shall go abroad, within a month from the date of this order, and not return within the next three years.' * A further order of Council sets forth that ' Sir Walter Scott of Branxholme having been licenced to depart furth of this realme, and appointed to remain abroad for a certain period, his Majesty, with the advice of the Council, relieves him of the keepership of Liddisdale.' t He accordingly departed to France. Scott of Harden was also seriously implicated in Bothwell's treasons ; and Scott of Goldilands, and Jedeon Murray received an injunction of the Privy Council to ' demolish the houses and fortalices of Harden and Dryhope, pertain- ing to Walter Scott of Harden, for having been arte and parte of the lait treason- able fact perpetrate against his Hienes awne person at Falkland.' J For failing to appear before the Council and answer for his crime Harden was denounced rcbel.| Buccleuch afterwards obtained letters of pardon from the King under the great seal. He was allowed to return from exile within a year, and was re- appointed in his office of keeper of Liddesdale. The letters of pardon granted by the King, included Sir Walter Scott's kinsmen Scott of Harden, and Scott of Whitslade. A considerable portion of the forfeited estates of the Earl of Bothwell were granted to Sir Walter Scott. They had been given to Ludovic, Duke of Lennox, but, at the King's desire, he resigned them in favour of Buccleuch. These estates consisted of the lordship and barony of Hailes with the castle and other appurtenances, and several other properties in Haddington, Berwick, Selkirk, and Dumfries, besides the lands and lordship of Liddesdale, and the castle of Hermitage. The cause of granting the charter is thus set forth in the preamble : — ' Know ye, whereas we, understanding the good, faithful, and thankful service done by our well-beloved Walter Scott of Branxholme, knight, in sundry and diverse employments and services intrusted by us to him, as well in pacifying the Borders and middle regions of the Marches of this our kingdom, and putting down the insolence and disobedience of our subjects dwelling there, as in sundry other weighty affairs committed to his trust, tending to the great and singular * Register of Privy Council, vol. iv. p. 668. t lb. p. 674. 1 lb. p. 769. I A p. 773- 252 Upper Teviotdale mid the Scott s of Buccleuch. weal of this our kingdom, and of our lieges, and tranquillity of the same, wherein he not only performed his duty honourably and vigorously, with much labour and the greatest dilligence, as became a faithful subject, but also afforded a clear and evident token of his inclination daily, and more and more to persevere in the same service, for which we, deeming it a truly royal part to reward the said Walter Scott of Branxholme, knight, therefore, and for sundry and divers weighty causes,' etc.* It appears by this ratification of this charter by Lennox, that considerable sums of money had been paid to him by Buccleuch, and a further sum of 2500 merks was paid on the day that Lennox executed the ratification of the treaty. He did not certainly buy the lands, but he gave Lennox a considerable premium for giving them up, and thus enabled the King to confer a benefit, both on Lennox and Buccleuch, two of his especial favourites. Buccleuch was held in high esteem by Queen Anne, James' Consort; and in the year 1595 when the Queen would have had Prince Henry in her keeping in the castle of Edinburgh, she wished Buccleuch to be appointed keeper of the castle ; but her wishes were frustrated by the influence of John, Earl of Mar. The exploit which caused the name of Buccleuch to be popularly known all over Scotland, and to be handed down to posterity as the ' Bold Buccleuch,' was the daring and brilliant rescue of Kinmont Willie from Carlisle castle. This redoubtable freebooter, whose name was Willie Armstrong, is said to have been a descendant of the famous Johnnie Armstrong, who was hanged by James the Fifth. Kinmont Willie was one of the most renowned of the Liddesdale rievers. He was a man of great personal strength, and had seven sons, all as brave and daring as himself, who in their time had committed many depredations on the English side of the Border. They had invaded Tyndale with three hundred fol- lowers, and had devastated a large tract of country, carrying off an immense booty ; and naturally the capture and punishment of Kinmont Willie, and his accomplices was eagerly desired by the English Borderers. The opportunity occurred at a Warden Court, where Willie was taken prisoner in open violation of Border laws. Since the affair of the Rcid Swire, these laws had been made more stringent. It was a crime to be punished by death for either English or Scotsman to draw a weapon, even on his greatest foe, from the time of holding the court till next * Scotts of Buccleuch, vol. i. p. 175. Upper Teviotdale and the Scotts of Buccleuch. 253 morning at sunrise ; thus affording a sufficient interval for all to disperse and return home. It was necessary that this law should be rigidly enforced, otherwise the Warden Courts where sworn enemies were brought face to face, might become more potent in perpetuating strife, than securing the ends of justice. Kinmont Willie had attended a court held by the deputy Wardens at Dayholm, on Kershope, where a small stream divides the two countries. After the day's proceedings had come to an end, Kinmont and three or four friends were riding homewards, dreading no evil, when suddenly a force of two hundred English attacked them. Resistance was out of the question, and the little party could only trust to the speed of their horses ; and Kinmont Willie who was chased for several miles, at last was captured and taken a prisoner to Carlisle castle. There is no doubt that the English had a heavy indictment against Kinmont Willie, and his capture and punishment had been anxiously sought by the whole English Border. Still, great offender as he was, the manner of his seizure was a flagrant breach of faith, and a gross violation of truce ; aggravated by the fact that it was instigated or at least approved by Lord Scrope, the English Warden, into whose custody he was delivered. 254 Upper Teviotdale and the Scott s of Buccleuch. Buccleuch, the Scottish Warden, was bound to resent the outrage which was an insult to his country, and a defiance of his authority as Warden ; he therefore wrote to Lord Scrope, and complained of the breach of truce, and demanded the release of the prisoner. Receiving no satisfactory reply, he swore that he would bring Kinmont Willie out of Carlisle castle with his own hand. Before, however, resorting to extreme measures, he resolved, like a well-known statesman of the present day, ' to exhaust the resources of civilization.' Accordingly he again wrote to Lord Scrope, and represented that his prisoner had been unlawfully captured, and was detained in direct violation of Border law, Scrope replied that Kinmont was such an old offender that he could not release him without authority from the Queen. Buccleuch then addressed the English Ambassador on the subject, and King James himself wrote to Lord Scrope and also to Queen Elizabeth, but without effect, so Buccleuch thought it was time to take the matter into his own hands. He was a man of a proud temper and undaunted courage, and had the reputation of being one of the ablest military leaders in Scotland.* To submit quietly to such insult was intolerable to his haughty nature, and he determined to vindicate his honour and the dignity of his office by taking Kinmont Willie out of Carlisle castle by force. He took his measures carefully and secretly. Choosing a dark night, Buccleuch set out on his expedition, accompanied by a few of his chosen friends and re- tainers, among whom were Wat o' Harden, Scott of Goldilands, four of Kinmont's sons, and others to the number of about eighty, all men — ' Who held no crime, or curse or vice, As dark as that of cowardice.' They assembled at the Tower of Morton in the Debateable Land, and within ten miles of Carlisle, all well armed and mounted, and provided with scaling ladders, sledge hammers, and all necessary implements. The rescue is splendidly described in the Ballad of Kinmont Willie, published in the ' Minstrelsy of the Scottish Border,' and which ' was preserved by tradition on the West Border, but much mangled by reciters, so that some conjectural emendations have been absolutely necessary to render it intelligible.' * Tytler's ' History of Scotland,' vol. ix. p. 221. Upper Teviotdale and the Scott s of Buccleuch. 255 It is impossible to vouch for the antiquity of a composition received from oral tradition. Some form of the ballad may have been current shortly after the occurrence of the event to which it relates, but it may have undergone many changes in the course of transmission through two centuries. Scot of Satchells, whose history was published in 1688, dwells with great pride and pleasure on the gallant and daring rescue of Kinmont Willie, in which his father had taken part. He mentions various little incidents noticed in the ballad, and from this it had been supposed that he derived his information from it, but the inference may with equal probability be turned the reverse way, and the writer may have been indebted to Satchells for some of his facts. In all essential points the ballad agrees with the description given by Spottiswood and other historians. The capture of Kinmont Willie is thus described — ' They band his legs beneath the steed, They tied his hands behind his back ! They guarded him, fivesome on each side, And they brought him ower the Liddel-rack. ' They led him thro' the Liddel-rack, And also thro' the Carlisle Sands, They brought him to Carlisle Castle, To be at My Lord Scrope's commands. ' " My hands are tied but my tongue is free, And whae will dare this deed avow ? Or answer by the Border law, Or answer to the bauld Buccleuch ! " ' ''Now haud thy tongue, thou rank riever, There 's never a Scot shall set thee free, Before ye cross my Castle yate, I trow ye shall take farewell o' me." ' Now word is gane to the bauld keeper In Branksome Ha, where that he lay, That Lord Scrope has ta'en the Kinmont Willie Between the hours o' night and day.' The indignation of Sir Walter Scott at this breach of truce and contempt of his authority as Warden, is most graphically described, as ' He smote the table with his hand, And garrcd the red wine spring on hie,' 256 Upper Teviotdale and the Scotts of Buccleuch. and exclaimed, ' Oh, is my basnet a widow's cruch ? Or my lance, a wand of the willow tree ? Or my arm, a ladye's lilye hand That an English Lord, should lightly me ! ' And have they ta'en him, Kinmont Willie, Against the truce of Border tide, And forgotten that the bauld Buccleuch Is keeper here on the Scottish side. ' And have they ta'en him, Kinmont Willie, Withouten either dread or fear, And forgotten that the bauld Buccleuch, Can back a steed or shake a spear. ' Oh, were there war between the lands, As weel I wot that there is none, I would slight Carlisle Castle high, Though it were bnilded of marble stone. ' I would set that Castle in a lowe,* And sloken it with English blood ! There 's never a man in Cumberland Should ken where Carlisle Castle stood. ' But since na war 's between the lands, And there is peace, and peace should be, I '11 neither harm English lad or lass, ' And yet the Kinmont freed shall be.' After describing all the preparations for their enterprise, and the dark tempestuous night, ' With wind and weet, and fire and sleet,' which was so favourable to their purpose, the poet describes their cautious advance to the castle. They had left their horses at some distance lest their neighing should give the alarm, and ' We crept on knees, and held our breath, Till we placed the ladders against the wa', And sae ready was Buccleuch himsell To mount the first before us a'. * Flame. Upper Teviotdale and the Scott s of Buccleuch. 257 ' He has ta'en the watchman by the throat, And flung him down upon the lead, — " Had there not been peace between our lands, Upon the other side thou hadst gaed ! — "Now sound out, trumpets" quo. Buccleuch ; " Let's waken Lord Scrope right merrilie." Then loud the Warden's trumpet blew, Oh, wha thmr meddle u ' 8 Upper' Teviotdale and the Scott s of Buccleuch. JO and implacable in his judgments, and unmoved by Monmouth's despair, James refused to grant even the small boon of a few more days of life, for which he pleaded with tears and abject protestations of penitence and remorse. Sentence of death was pronounced, and in two days he was beheaded. A contemporary manuscript,* written by an eye-witness, of some of the scenes described, and preserved among the Buccleuch muniments, gives an interesting account of the demeanour of the Duke, from the time of his imprisonment in the Tower, till his execution. The Duke had not seen the Duchess for more than a year. He had formed a connection with Lady Henrietta Wentworth, at which she was justly incensed, and though she obtained the King's permission to see her husband, yet she desired that the Lord Privy Seal might be present all the while, ' that no discourse might pass between them but what was fitting the King should know.' Monmouth spoke chiefly on reasons that might induce the King to save his life. ' Then the Duchess took the liberty to interrupt him in these digressions and imaginary expectations of life, and after some general things, asked him if ever she had the least notice and correspondence with him about these matters, or had ever assented to, or approved of his conduct during these four or five last years ; if she had done anything in the whole course of her life to displease or disoblige him, or ever was uneasy to him in anything but two, one as to his women, and the other for his disobedience to the late King, whom she always took the liberty to advise him to obey, and never was pleased with the dis- obedient life he led towards him. If in anything else she had failed of the duty and obedience that became her as his wife, she humbly begged his pardon for it. To which moving discourse he answered that she had always shewn herself a very kind, loving, and dutiful wife toward him, and he had nothing imaginable to charge her with, either against her virtue and duty to him, her steady loyalty and affection toward the late King, or kindness and affection towards his children ; that she was always averse to the practice of life and behaviour towards the late King, and advised to great compliance and obedience towards his com- mands.' In this interview the Duchess appears as the outraged wife, whose affection had been slighted and her counsel despised, and who is now chiefly anxious to save her children from suffering the consequences of their father's crimes. On Monday, the day after this interview, the Bishop of Bath and Wells intimated to * ' Scotts of Buccleuch,' vol. ii. p. 447. Upper Teviotdale and the Scotts of Buccleuch. 339 Monmouth that his execution was to take place on the Wednesday following. Seeing that all his importunities for a pardon, or even a respite, were of no avail, ' he layed down his hope of living, and bethought himself of the well employing the few hours that remained.' On the morning of his execution his wife and children came to see him for the last time. During this trying ordeal, and in the near prospect of death, ' his behaviour was brave and unmoved, and even during the last conversation and farewell with his lady and children, which was the mourningest scene in the world, and no bystanders could see it without melting in tears, he did not show the least concernedness. He declaired before all the company how averse his Duchess had been to all his irregular courses, and that she knew nothing of his last design, not having heard from him for a year before, which was his own fault and no unkindness in her, because she knew not how to direct her letters to him. In that he gave her the kindest character that could be, and begged her pardon for his many failings and offences to her, and prayed her to continue her kindness and care to his poor children. At this expression she fell down on her knees with her eyes full of tears, and begged him to pardon her if ever she had done anything to offend and displease him, and embracing his knees fell into a swoon, out of which they had much ado to raise her up in a good while after. A little before his children were brought to him all crying about him, but he acquitt himself of these last adieus with much composedness and sincerity of temper showing nothing of weakness or unmanliness. ' About ten o'clock he was carried out of the Tower in a coach, and after having passed the bridge, was delivered into the Sheriff's hands, who led him along up to the scaffold. No man observed more courage, resolutione, and unconcerned- ness in him any time before, than appeared in him all the while he walked on the scaffold, while he mounted the scaffold, and while he acted the last part on it. As he walked to it, all the horse and foot guards were drawn up round about the scaffold on Tower Hill. He saluted the guards and smiled upon them. The Sheriff asked if he had anything to say. He told him he was never good at the making of speeches, and would not begin now. The axe he took into his hand and felt the edge of it, saying to the executioner that sure the axe did not feel as if it were sharp enough, and prayed him that he would do his office well, and not serve him as he was told he had done the late Lord Russell, for if he gave him two strocks, he would not promise him that he would lie still to receive the third, 340 Upper Teviotdale and the Scotts of DuccleucJi. and putting his hand in his pocket gave him six guineas, telling him that if he did his duty well he left six more in his servants hands to be given him after he was dead, providing he did his business handsomely. All this he said with much in- differencie and unconcernedness, as if he were giving orders for a suit of clothes. No change or alteration of countenance from the first to the last, but stript him- self of his coat, and having prayed, layed himself down and fitted his neck to the block with all the calmness of temper and composure of mind that ever hath been observed in any that mounted that fatal scaffold before. He would have no cap on his head, nor be bound, nor have anything on his face. And yet, for all this, the butcherly dog, the executioner, did so barbarously act his part, that he could not at five strocks sever the head from the body. At the first, which made only a slender dash in his neck, his body heaved up and his head turned about, the second strock he made only a deeper gash ; the third not doing the work, he threw away the axe and said, " God damne me ; my heart fails me, I can do no more." The bystanders had much ado to forbear throwing him over the scaffold ; but he was made to take his axe again, and finish his work, and if there had not been a guard to protect the executioner, the people would have torn him to pieces, so great was their indignation at the barbarous usage the late Duke of Monmouth received at his hand. There were many that had the superstitious curiosity of dipping their handkerchiefs in his blood and carrying it away as a precious relic. Before his execution Monmouth expressed deep regret that his rash enter- prise should have brought such heavy calamities on his brave followers, yet far from casting blame upon him for the heaps of slain at Sedgemoor, or the victims of the barbarity of Judge Jeffrey's at the ' bloody assize,' the surviving remnant of his adherents cherished his memory most reverently, and ' buckles, ribands, butons, and other trifles he had worn were carefully preserved, and treasured as relics of their unfortunate hero.' The descendants of those who fought for Mon- mouth think they still have a claim on the Duke of Buccleuch, through his an- cestor, which entitles them to ask his help when any bill affecting their interests is before the House of Lords. The sorrow of the Duchess of Monmouth and her demeanour at the time of her husband's execution, is referred to by the writer already quoted : — ' The Duchess of Monmouth has demeaned herself during this severe trial and dispensation of Providence with all the Christian temper and composition of spirit Upper Teviotdale and tlie Scotts of liuccleuch. 341 that possibly could appear in a soul so great and virtuous as hers. His Majesty is exceedingly satisfied with her conduct and deportment all along, and has assured her that he will take care of her and her children. In the afternoon many ladies went and payed the compliment of condolence to her, and when they had told her how great reason she had to bear this dispensation with that virtue that had ever appeared in the actions of her life, and how the world celebrated her prudence and cond uct during her late Lord's disloyalty and behaviour to the late King, and his un- kindness to her, that justly gave her a name that few arrived at.' Such common- place reflections and condolences in the midst of her anguish could scarcely have a very soothing effect, and the Duchess answered with dignified reserve that ' she had bought that commendation dear.' Fearing that the children of the Duke of Monmouth might be used for factious purposes, the King caused them to be placed in the Tower, and thither the Duchess followed them of her own accord and shared their confinement ; and a few weeks after her husband's execution, she had another heavy bereavement to suffer, in the death of her only daughter. The child, a delicate girl, about ten years of age had been so overwhelmed with horror at her father's tragic fate, that she never recovered the shock, and died shortly after she had been sent to the Tower. This accumulation of sorrow was keenly felt by the Duchess, and months after, her ' sad afflicted countenance ' was remarked when she appeared in public* In consequence of the treason of Monmouth, his English estates were forfeited, and proceedings were taken in the Scotch courts by the King's advocate to have the Scotch estates confiscated also. The counsel for the Duchess contended that the Duke, having only a life interest in the estates belonging to his lady by hereditary right, the sentence against the husband could -not prejudice the rights of the wife, and that her property could not be forfeited for his fault. The result was, that with the consent of the King, the Duchess made a resignation of all her honours and lands to the Crown, and obtained a new grant for herself and her heirs. The well-known loyalty of the Duchess of Monmouth induced the King to meet her wishes in this matter very willingly. In a letter to the Earl of Cromarty the Duchess says, ' The resignation was very readily consented to by his Majesty, and very kindly he spoke to me which I do value very much, and indeed he has * Evelyn's ' Diary,' p. 497. 34 2 Upper Teviotdale and the Scotts of Buccleuch. ever shown me much favour in whatever concerns me.' * The whole of the Duke's English estates were eventually restored to his family. The Duchess of Buccleuch and Monmouth's position at the Court of King Charles the Second, where her husband held first rank after the Royal princes, was a very brilliant one. The handsome revenues of the Buccleuch estates en- abled the Duke and Duchess to live in a style of great splendour. Their town house was a lofty and magnificent mansion in Monmouth Square, now called Soho Square. Its rich sculptures and splendid satin hangings were much admired. The Duchess maintained a kind of royal state, and was attended by pages, and served from the knee. After the death of Monmouth, although it was inconsistent with her open repudiation of her husband's pretentions, ' she was inflexible in her demand to be treated as a princess,' -f- and exacted the same deference and maintained the state and dignity to which she had been accustomed. In several of the charters granted by her as superior of the town of Dalkeith, she adopted the style of ' Mighty Princess.' Her cousin, Lady Margaret Montgomerie re- lated that while dining with the Duchess at Dalkeith castle, she, being a relative, was permitted to be seated, but all the rest of the guests stood during the repast. During the last few years of the life of Monmouth, he spent enormous sums in promoting his ambitious schemes, and almost the whole revenue of the Scotch estates had been swallowed up ; and it was found after his death that a thorough system of retrenchment was necessary to relieve the estate from embarrassment, which the Duchess, who was an excellent woman of business, very readily agreed to. About three years after the death of the Duke of Monmouth, the Duchess married Lord Cornwallis, and continued to reside in England. It was a subject of great regret among her Scotch tenantry that the Duchess should reside so far from her estates. Her absence had altered in a great measure the relations which formerly existed between the chief and the other members of the clan, and Old Satchells thus laments the change — ' In England now the Duches dwells, Which to her friends is a cursed fate, For if they famish, starve, or die, They cannot have a groat from that estate. * Scotts of Buccleuch, vol. i. t Johnson's ' Life of Gay.' Upper Teviotdale and the Scotts of Bucclcuch. 343 ' The times of old are quite forgot, How inferior friends had still relief, And how the worthiest of the name, Engaged themselves to hold up their chief.' The Duchess was scarcely responsible for the change, which had been brought about by circumstances rather than choice. After her mother's marriage to the Earl of Wemyss she had never resided on her paternal estates, and was so young when she left Scotland that her personal recollections of the land of her birth must have been somewhat faint. Still she was true to the traditions of her house, was proud of her ancient possessions, and had all the patriotism of a leal Scotswoman. She took a personal interest in all her affairs in Scotland, and in her letters repeatedly alluded to her ' Scotch heart.' It was represented to her, when in need of money, that she would make a considerable addition to her revenue if she farmed her own land, but to this she would not listen for a moment ; in any system of retrenchment to be adopted she would be no party to the oppression of her tenants. Writing to the Earl of Melville, she says — ' As to the new farmers, they are like to get the old answer from me, that I think I will never farm my estate whilst I live, and I am sure I will not do it now. You know, I think it would ruin the tenants, or else, I am sure, oppress them, which I will never do, and I am resolved, nobody ever shall do it whilst I live. I think myself sure of your approbation in the matter, knowing you to be both just and good-natured.' It was not till the summer of 1701 that the Duchess returned to Scotland, after an absence of nearly forty years. The journey from London to Edinburgh, which now occupies only a few hours, was then a long and fatiguing one, requir- ing more forethought and preparation than would now be given to a voyage across the Atlantic, and to Londoners of that period Scotland was as remote and as little known as Central Asia is to their descendants of the present day. This is very amusingly illustrated in a letter written by the Duchess to Lord Melville, before leaving London — ' I am obliged to you for your intimation of what I must carry with me, from hence. The Duchess of Quccnsberry told my daughter Dalkeith, that the ladies sent to England for their clothes, and that there was no silk stuffs fit to be worn there. Pray ask your lady if this be so, for if it is, we will furnish ourselves here, 344 Upper Teviotdale and the Scotls of Buccleuch. but if it be not so, we will buy as we want when we come there, and be drest like other good ladies, and break none of your Acts of Parliament.' The Duchess made considerable additions and alterations on Dalkeith castle, so that its appearance was completely changed, and the present mansion is very much as she left it. She spoke of her extravagance in marble, saying it was to show she did not despise her old castle. Until the time of Earl Francis, the Duchess's father, the greater portion of the Buccleuch estates lay in Teviotdale, and Hawick had been the town round which the chief interests of the family centred ; but after the purchase of Dalkeith castle there was little intercourse between the Burgh and the House of Buccleuch, until they acquired the Barony in 1675. Up to that date the Earl of Oueensbcrry, the representative of the Douglases of Drumlanrig, was Lord Superior of the Barony. The Douglases seldom resided in Hawick, and their transactions with the town's people being conducted by deputy, was confined to a mere discharge of legal obligations, without the personal interest, and interchange of good offices which formed the strongest bond of union between the overlord and his vassals. There was a feeling of jealousy manifested between the Bailie of the Regality, and the Magistrates of the Burgh ; a sort of determination on both sides to stand out Upper Teviotdale and the Scott s of Buccleuch. 345 for their rights and suffer no encroachment ; a feeling which was perhaps inten- sified by a proposal, on the part of the Earl of Queensberry in 1672, to divide the common between himself and the Burgh. A deputation from the corpora- tion and the trades was sent to represent the interests of the Burgh before the court in Edinburgh. It is not known how the case was decided. It must either have been abandoned by the Earl, or decided in favour of the Burgh, for the common remained intact for another century. In the following year a serious quarrel took place between the Earl's deputy and the town's Bailies at the setting of the fair. It was the custom for the Bailie of Regality, as representing his lord, to ride the fair, attended by the town's two Bailies, 'with the officers, and the whole body and corporation of the town,' as the Earl's tacksman then collected the customs. The people had expressed somewhat roughly their indignation at the (alleged) oppression and impoverishment they suffered at the hands of the Earl's representatives, and when they were about to set the fair, they were attacked by about two hundred of the town's people, well armed, ' who did impede them from setting the fair, and did assault and invade John Leathcn, with drawn swords, and masterfully pulled him off his horse, tore off his clothes and struck him.' The Bailies had also confined William Hardy, the Earl's tacks- man, in the Tolbooth. For these and other offences of a less specific nature, the Earl of Queensberry brought an action before the Privy Council against the Bailies and thirty-two others, burgesses of Hawick. In an appendix to his ' Memories of Hawick,' Mr Wilson says regarding this case — ' Nothing can well be conceived more frivolous than the indictment before the Privy Council. The heterogeneous charges of riot, convocation of the lieges, abusing the King's authority, making arbitrary acts, oppression and wrongous imprisonment, all so unlike each other, lumped together to give a colourable appearance to the complaint, show how little solid grounds existed for instituting the proceedings.' The Magistrates, however, were able to repel all the charges against them, and showed that so far from being blameworthy, they had acted with moderation and judgment on the occasion referred to. As to the convoca- tion of the lieges they pointed out that it was usual for them to assemble the people to attend them at the riding of the fair ; that they had done what they could to quell the riot ; and they repudiated all connection or responsibility, as it occurred outside the West Port, which was then held to be beyond their jurisdiction. As to the tacksman, his imprisonment was just and legal. He had Y Y 346 Upper Teviotdale and the Scotts of Buccleuch. exceeded his commission by exacting more custom, than he had a right to ask and thereby oppressing the lieges who repair to the ' mercats.' On being reproved therefore by the Bailies, he gave them most opprobrious and injurious language. And for these faults, he was only detained some few hours in prison, and instead of affording grounds for a charge against them, the Bailies con- sidered they had treated him with great clemency. These disputes, in which the Superior had the worst of it, had probably some influence in inducing Lord Queensberry to dissolve his connection with the Burgh, and in the following year, 1675, the Barony came into the possession of the Duke and Duchess of Monmouth and Buccleuch, who purchased it. The lands and barony of Hawick were forfeited by the treason of Monmouth, but were restored the following year to the Duchess by special grant from King James, afterwards ratified by Act of Parliament. The clause in the Act relative to Hawick is to the following effect : — ' And of all and haill the lands and bar- ronie of Hawick, comprehending therein the lands, mylnes, mylnlands, woods, fishings, coals, coal heughs, burgh of barronie of Hawick, and customs thereof, with the yearlie faires, with the privilege of free barronie and regality, free chaple and chancellarie, within the bounds of the said barronie, manor-place, houses, biggings, yairds, orchards, and others specified in the said charter heirby rati- fied.' The Duchess of Buccleuch having failed to take the test oath, she was deprived ef her right to appoint the Bailie of Regality for Hawick, and the office was con- ferred by the King upon Walter Scott of Alton. A great number of the Duchess Anne's letters have been preserved. Many of these are interesting, because they give a good idea of the true character of this great lady. There are pleasant, chatty letters to her family and friends, full of kindliness and sympathy ; and clever, shrewd, business letters, which show that the writer must have been a clear-headed, sensible woman, who took a wise per- sonal interest in the management of her affairs, who had a due sense of the duties and responsibilities of her position, and an earnest wish to promote the best interest of her tenants and dependents, and though somewhat arbitrary, yet just and liberal in all her dealings. She was fond of power, and by no means inclined to delegate her authority to any one. Her second husband, Lord Cornwallis, does not appear to have inter- fered in the management of her estates ; and when urged to transfer her estates Upper Teviotdale and the Scott s of Buccleuch. 347 to her eldest son in fee, reserving only a liferent interest, as is sometimes done by parents, she steadily and firmly declined. On this subject she writes in 1698 : — ' I would have put my son in fee of my estate when Grahame would have had me give him half, but till I change my mind I will keep all the rights I enjoy from God and my forefathers. I did not come to my estate before my time. I was my sister's heir, and I bless God I have children, which I trust in his mercy will be mine when I am dead. The Duchess of Hamilton is but a woman, and we are not such wise creatures as men, so I will follow no example of that sort till I see all the noblemen in Scotland resign to their sons — then I will consider of the business.' In another letter to her brother-in-law, she thus expresses her determination on the same question : — ' I'll say no more to trouble you with the matter, only this, I'll never light anybody downstairs in my own house, as the Emperor Maximilian did, for fear I should repent it. Though I love my child as well as anybody living ever loved their own flesh and blood, but will never be so blinded whilst I keep my reason as to lessen myself in my own family, but will keep my authority, and be the head of it, whilst it pleases God to give me life. By this time, for all your gravity, I am sure you laugh at your sister, for so I am to you but a man in my own family.' The Duchess, though no follower of King Lear, made liberal provision for her family. James, her eldest surviving son, was married to Lady Henrietta Hyde, daughter of the Earl of Rochester. He died at his residence in London, 1705, in his thirty-first year, leaving a family of four sons and two daughters. Francis, the eldest son, was ten years of age when he became Earl of Dalkeith, and heir to his grandmother. At the age of twenty-five he married Lady Jane Douglas, daughter of the Duke of Queensberry. It was through this marriage that the Buccleuch family inherited the Queensberry Dukedom and estates. An alliance had been projected with another lady, Jane Douglas, sister of the Duke of Douglas. The Duchess warmly approved of this union, and expressed her pleasure in the subjoined letter to Lord Royston : — ' I have to inform you of a most agree- able undertaking I am about, which is to see my Lord Dalkeith married to his own satisfaction. It is to the Duke of Douglas's sister, Lady Jean, whom I had heard much commended before I saw her, and since that she has lost no ground with me. I think her person very agreeable, and my great project of having my 348 Upper Teviotdale and the Scotts of Buccleuch. grandson no stranger to his own country, is in all likelyhood not to be disappointed by marrying a Scots lady. Though I have lived the greatest part of my life in England, you see I am not corrupted to love any part of the world so well as my native country.' The intended marriage did not take place. A month later, she writes to the same correspondent : — ' My Lord — Mr Somervill has acquainted you with my disappointment in the marriage of my grandson. Her Noble Grace of Queens- berry I impute it to, because she has the same fate which some others have in this world, — more power than they deserve. If you are so good as to go to Hawick this land setting, I hope the good air will agree with you, otherways I would will- ingly stand by the loss I shall sustain by your absence.' In the same month a marriage was arranged between the young Earl and the other lady, Jean, sister to the Duke of Queensberry, and the wedding took place in the following April. Lady Dalkeith was a fair, sweet, gentle looking lady, who soon won the affections of her husband's grandmother. She died of small pox after being married about nine years. The Duchess thus writes of her death to her friend Lord Royston : — ' My Lord — I know by experience your Lordship's friendship to me, therefore I am sure you will regret the affliction I have for my granddaughter, Lady Dalkeith's death, who died of small-pox on Sunday morn- ing at Langly. I must say she was as good a young woman as ever I knew in all my life. I never saw any one thing in her that I could wish were otherwise.' Lord Royston acted as Commissioner to the Duchess, and took the manage- ment of her Scotch estates, thus many of her letters relate to business — such as the following — ' My Lord, by yours of the 6th, I find you are resolved to purchase half Scotland for me. I own it will be for my credit when I am dead that I have improved my estate, and that I have made choice of so good a friend to rely on, whose friendship I absolutely depend on. Few can furnish St Boswells Faire with sheep better than I can, but after this be not tempted to purchas more till I am out of debt.' She was anxious to increase her possessions in Scotland, and on a subsequent occasion she wrote to her friend and adviser, that she greined (or longed) to hear more of an estate in Ettrick forest which Harden was willing to sell, and she was anxious to buy. At the same time she thanked Lord Royston for ' buying that piece of ground at Hawick. 'Tis most convenient for me of any belonging to that little house.' She also writes about the choice of a school- master for Dalkeith, and recommends that one should be chosen who is qualified Upper Teviotdale and the Scotts oj Buccleuch. 349 for the place as a scholar, ' but not high flown on any account.' Concerning a minister for Hawick the Duchess writes — 'of all the candidates for Hawick I am for the moderate man.' She first visited Hawick in April 1702, when, in a book recording the setting of the Buccleuch lands at Hawick, her Grace's name is signed at all the sederunts. Then, and on all her subsequent visits to the town, the Duchess resided in the tower, and people living at the beginning of the century could remember the elevated chair of state and canopy she occupied on solemn occasions.* In the Kirk-session records, there is notice of a hundred pounds Scots sent by the Duchess for the relief of the poor. In various ways she showed her interest in the old town, and was ever ready to assist in any public improvement ; for instance, when the streets were paved she paid for the work, the inhabitants providing the stones and sand. Dalkeith was her principal residence, and she took a warm and kindly interest in her neighbours, and in the poor of the surrounding district. Not a mere languid ladylike almsgiving interest, but an active, energetic, personal attention to all that was going on around her. Shortly after she took up her residence at Dalkeith castle, a case was brought under her notice of a poor man who was condemned to be hanged for drinking the health of the banished King James the Seventh. It appears that the man had been induced to drink the obnoxious toast by an innkeeper promising him as much liquor as he could drink for a whole day. There was probably no thought of treason in the man's head, — he only swallowed the toast that he might swallow the liquor, — but by so doing he brought himself under the stringent and cruel laws which punished such indiscretions with death. It seemed a hard case, and the Duchess, who had made herself acquainted with all the particulars, exerted herself to save him, and wrote to the Earl of Leven, who was a member of the Privy Council — 'Your Lordship will think me solicitor for all mankind, but where there is no murder I would have nobody die before their time ; all I know of this matter you will see in this enclosed. Now, I know not which way to endeavour the preser- vation of this poor man, but if it can be done, if you would give me direction or help in this, do not laugh at me. I am no soldier, but a poor merciful woman. — I am, your Lordship's, humble servant. 'As I just now hear this story since I began to write, the landlord of the * Scotts ' Border Antiquities,' vol. ii. p. 201, 35° Upper Tcviotdale and the Scotts of Buccleuch. house betrayed this man, and by promising him drink for a whole day if he would drink the health he bade him. This were no excuse for a sober man, but he was too full before.' The Duchess's ideas on capital punishment were in advance of her time. She says — ' Where there is no murder, I would have no one die before their time.' In her long life she had seen many noble lives sacrificed for political offences, and hundreds hanged, whose real sins against the government were not greater than this poor man's ; and she who — ' In pride of power, in beauty's bloom, Had wept o'er Monmouth's bloody tomb.' was pitiful to all who suffered like herself. Sir Walter Scott relates another instance where the Duchess interested herself to procure the pardon of a Jacobite. The Novelist's great grandfather was a staunch Jacobite, and took up arms under Dundee and Mar. He was called ' Beardy,' from leaving his beard unshorn in token of regret for the banished Stuarts ; and he would have lost his life on the gallows for the same cause had it not been that the Duchess of Buccleuch inter- fered to save him. After a long, useful, and honoured life the Duchess of Buccleuch and Mon- mouth died on the 6th of February 1732, at the mature age of eighty-one, and was interred in the family burying-place in Dalkeith church. She had held the titles and estates of Buccleuch for the long period of seventy years. Born in the midst of tumult and civil war, when Oliver Cromwell ruled the destinies of Great Britain, she lived during the reigns of six successive sovereigns, and before her death, saw the government firmly and peacefully settled under the Hanoverian dynasty in the reign of George the Second. / CHAPTER XVI. ' Our thistles flourished fresh and fair, And bonnie bloomed our roses, But Whigs came like a frost in June And withered a' our posies. Jacobite Song. On the death of Anne, Duchess of Buccleuch, the family titles and estates des- cended to her grandson, Francis, eldest son of James, Earl of Dalkeith. James was the second son of the Duke and Duchess, Charles the eldest having died in infancy. During the life-time of the Duke of Monmouth, his son James bore the courtesy title of Earl of Doncaster, but after his father's death and the forfeiture of his English estates, he was styled Earl of Dalkeith. When the Earl attained his majority, it was suggested by some friends of the family that the Duchess should resign her titles and estates in favour of her son. It would have been intolerable to a woman of her energetic temperament and dominant will, to occupy a secondary position, and she declined, in most emphatic terms, to divest herself of her station and authority. Though James, Earl of Dal- keith, never bore the highest titles of his family, some admirers of his late father would have given him a still more exalted position. The Duke of Monmouth had been regarded by many people as a martyr to the cause of religious liberty, and a few still survived who cherished a lingering en- thusiasm for his memory, and believed, in spite of all evidence to the contrary, that his family were the rightful heirs to the crown. In the year 1692 a party of Covenanters, headed by Robert Hamilton, the leader at Airsmoss, assembled at the cross of Sanquhar and astonished the in- habitants of that quiet little town by proclaiming the young Earl of Dalkeith, King of Great Britain and Ireland. An old manuscript memorandum-book, belonging to Mr David Scrimgeour of Cartmore, General Receiver to the Duchess of Monmouth, supplies the following note regarding this singular incident : — ' October 31st, 1692.— In the end of July, or the beginning of August, 30 or 40 wild men came to the cross of Sanquhar, and proclaimed the Earl of Dalkeith King ; and in September thereafter, Robert Hamilton, who was commander at 352 Upper Teviotdale and the Scotts of Buccleuch. Bothwell Brig was taken at Earlstoun House, and after he was examined before the council, was sent to Haddington tolbooth ' to answer for his treasonable ap- pearance at Sanquhar.* This demonstration was of such an isolated character that it had no political significance and is merely related as a curious episode in the family history of the Scotts of Buccleuch. The Earl of Dalkeith served with the army in Flanders during the reign of William III., but returned to England on the accession of Queen Anne, by whom * Scotts of Buccleuch, vol. i. p. 483. Upper Teviotdale and the Scott s of Buccleuch. 353 he was invested with the Order of the Thistle. He died in 1705 at the early age of 31, leaving a family of four sons and two daughters. His tomb and that of his Countess are in Henry the Seventh's chapel in Westminster Abbey. Francis, the eldest son, had been styled ' Lord Whitchester,' by the Duchess Anne, who thought that it sounded better than ' Lord Scott,' and this title he bore till he became Earl of Dalkeith on the death of his father. Born in 1695, he was n years old, when, on the death of his grandfather in 1732, he became second Duke of Buccleuch. It is remarkable that he was only the second [of the family who for 250 years attained his majority before succeeding to the titles and estates. He was made a Knight of the Thistle, and in 1734 was elected one of the sixteen representative Peers of Scotland to sit in Parliament. In 1740 Sir Robert Walpole opened negotiations for the restoration of the forfeited barony of Tyndale to the Duke, and in 1743, an Act of Parliament was passed which restored to him the titles of Earl of Doncaster and Baron Tyndale, with the rights and privileges of the patent granted to his grandfather, James, Duke of Monmouth. From that time the Dukes of Buccleuch have sat in the House of Lords as Earls of Doncaster. By his marriage with Lady Jane Douglas, his grandson succeeded to the Estates of Drumlanrig and the Dukedom of Queens- berry. Though so nearly connected with the Royal Stuarts, the Scotts of Buccleuch were no Jacobites. The Duchess Anne was precluded by her sex from taking an active part in public affairs, and she gave neither sympathy nor encouragement to the Rebellion of 1715, by which the friends of the exiled Stuarts sought to win back the Crown for the ancient Royal line of Scotland, having no doubt a vivid recollection of the sorrow and bloodshed which was caused by her husband's ill-starred attempt to grasp the Crown. The authorities in Hawick were in much the same mind as their noble liege lady, and were content to enjoy the blessings of peace under the Hanoverian dynasty. In 171 5 the magistrates of Hawick declared themselves in favour of King George's peaceable accession to the throne ; and the following autumn, when the Earl of Mar took up arms for the Stuarts, a day was set apart to ' pray for King George and the Royal Family, the preservation of the Protestant religion, and the peace and tranquillity of the kingdom.' * There was, however, a numerous party of the lieges whose political opinions * Hawick Town Council Records. ZZ 354 Upper Teviotdalc and the Scotts of Buccleuch. differed from that of their ' pastors and masters,' and the town was seriously dis- turbed by the rebellious inhabitants, so much so as to interrupt the public ordi- nances of divine worship. On the 16th of October there was no sermon in the church, ' in regard to the tumult occasioned by a numerous multitude in arms against King George and his government.' A fortnight later the Hawick people were again deprived of a sermon, ' Ken- mure, Englishers, and Highlanders being in the town.' * In Paton's ' History of the Insurrection of 1715,' Hawick is described as a 'poor market town belonging to the Buccleuch at whose house the English lords and their relatives took up their abode.' These were the Earl of Derwentwater and General Forster of Bamburgh, who commanded the troops of horse levied on the Northumberland frontier, and Kenmure with his followers from Galloway and Dumfriesshire, and the young Earl of Winton, who commanded the Highlanders. These leaders all stayed at the Tower, probably without the consent of the Duchess, for she took no part in the Rebellion. The rebel leaders lingered in Hawick in some doubt as to their further move- ments. The English lords and gentlemen were anxious to cross the Border, being sanguine that many would flock to their standard in the northern counties. Others proposed to march to the west and join the Earl of Mar. At length, on receiving news of the approach of General Carpenter, they de- cided to move forward ; and to evade him it was proposed to march into the west of England. When this decision was made known to the Highlanders, they separated themselves from the main body of the army, and taking their stand at Hawick Moor, they positively refused to move a yard if their destination was to be across the Border. Nothing could induce them to alter their determination. They would not, they said, go into England to be kidnapped into slavery, as they were in Cromwell's time. To force them to obedience was equally impossible. The horse were drawn up in line ready to attack them if they persisted in their refusal to submit to their military leaders ; but they promptly cocked their pieces and prepared for action, saying, that if they must be sacrificed they would prefer to die in their own country, and they would sooner fight the Southerns than con- fide in them.t Eventually, however, they agreed to advance to the west, on the distinct understanding that they were not to be required to cross the Border. A few afterwards consented to march into England; but about four hundred deserted, * Kirk-session Records. + Burton's 'History of Scotland,' vol. viii. p. 299. Upper Teviotdale and the Scott s of Buccleuch. 355 and made the best of their way back to their native mountains. The failure of the expedition, and the fate of its gallant leaders, are well known. In the following spring a party of English dragoons and Pilstown's regiment of foot passed through Hawick on their way to join the Duke of Argyle, and assist him to subdue the insurgents in the north. So strong was the Jacobite feeling in Hawick, that some of the burgesses refused to admit the soldiers bil- leted on them, and neither the commands of the magistrates, nor the liberal promises of reward on the part of the officers, could induce others to carry the baggage of those engaged on such an unpopular mission. In the second insurrection, thirty years later, the feelings of the Borderers had undergone a considerable change, and the army of ' Bonnie Prince Charlie' re- ceived few recruits from Upper Teviotdale. When the Jacobite army, led by the Prince, marched against the city of Edin- burgh in 1745, the Duke of Buccleuch undertook with his tenantry, and the trained bands and volunteers, to defend the walls of the city against the High- landers. The citizens of Edinburgh could not be accused of Jacobite tendencies, but their warlike spirit had died out ; so though they had no desire to get into trouble by favouring the cause of the 'Young Pretender,' neither had they the courage to take up arms for the defence of their city against the rebels, and the Duke of Buccleuch being but feebly supported, the rebel army entered the city without encountering much opposition. Prince Charles Edward took up his residence in the Palace of Holyrood, which had been the home of his Royal ancestors for hundreds of years, where his grandfather, when Duke of York, had kept Royal state, and where his aunt, the Princess, afterwards Queen Anne, initiated the Edinburgh ladies into the de- lights of tea drinking. The Jacobite cause made triumphant progress during the next few weeks, and the followers of Prince Charlie were in the highest spirits, full of enthusiasm for the cause, and devotion to their leader. But this transitory gleam of prosperity, which was the only bright spot in the whole disastrous enterprise, soon came to an end. Elated by the success which attended his arms and the new adherents who daily joined his standard, the Prince decided to advance into England. While making preparations for this enterprise, the army took up a position near Dalkeith, and the Prince was for two nights the guest of the Duke of Buccleuch. The Duke's political opinions had not changed since he had borne 356 Upper Teviotdale and the Scott s of Buc clench. arms against the Prince, nor was his loyalty to the reigning Sovereign ever called in question, and his hospitality was considered an act of courtesy merely. It was dangerous, however, for those whose fidelity to the government was at all doubt- ful to show any civility to the ' Young Chevalier.' The Duchess of Gordon, who entertained the Prince to breakfast, as he passed her residence on his march southwards, forfeited in consequence a pension of £1000 a-year, which she en- joyed from the government. The army marched south in three divisions. One proceeded westward by Peebles and Moffat towards Carlisle. The second column, commanded by Lord Balmerino, went by Galashiels, Selkirk, and Hawick, and thence up the Teviot. The third division, led by the Prince himself, took a course more to the east, and advanced towards the Borders by Kelso, Jedburgh, up Rule water, and over by the Knote-o'-the-Gate into Liddesdale, meeting the party who had gone by the Teviot, about four miles below Langholm.* Though it was understood that the exiled Stuarts had friends and sym- pathisers in Hawick, they must have become cautious and lukewarm, as there was no manifestation of welcome when the followers of the Prince entered the town. They were entertained hospitably enough for the night, but their de- parture was witnessed without enthusiasm. The Gladstones, who held some small properties in the neighbourhood of the town, were all staunch Jacobites. One member of the family who was Town Clerk, refused to take the oath of allegiance to George the Second ; and Mr Gladstone of Whitlaw, was the only Hawick man known to have taken an active part in the Rebellion. He was an officer in Prince Charles' army, and was de- prived of his property in consequence of his devotion to the Stuarts. During all his after life he cherished a most inveterate hatred to the reigning family, and used to anathematize the east wind which racked his rheumatic joints, saying it was like everything else that came from Hanover. Another staunch adherent of the Jacobite cause, named Charlie Millar, spent the last years of his life in Hawick, where he acted as beadle in the West United Presbyterian Church. In his youth he had joined the rebel army as servant to the Laird of Gorrenberry, and followed his master through the whole campaign, from Prcstonpans to Culloden. Strange as it may appear, he never lost hope of seeing the restoration of the Stuarts, and indeed had some expectations of a personal * Chambers' 'History of the Rebellion of 1745,' P- '7- Upper Teviotdale and the Scott s of Buccleuch. 357 character depending on that event, having once carried an important message to the Prince, who promised to reward him when he became King. The news of the death of Prince Charles Edward, which put an end to all his hopes, was com- municated to him by the minister one Sunday morning just before service. Poor Charlie was overwhelmed with grief, for to him the gallant and genial Prince was a hero. ' Oh, sir,' he said to the minister, ' I wish ye had'na telled me till the afternoon ; I'll get nae gude o' the preaching the day. Had it been the German Lairdie, there wad be naething to make a mane* about.' In order to maintain their credit with the Government the Bailies of Hawick were very solicitous that the King's birthday should be kept with every demon- stration of loyalty, and contributed towards the celebration out of the Burgh funds. This practice was discontinued in 1747, and the burgesses were recommended to keep the King's birthday at their own expense. In the middle of the Eighteenth century, Hawick was a very small and primi- tive town, increasing, however, in a slow but steady fashion, as the desire for im- provement began to develope. The Tower was the only building in the town which was roofed with slate. The Tolbooth, the churches and all the houses were thatched with straw or heath. The houses, which in the times of predatory Border warfare were built with a view to strength and security rather than comfort, had very thick walls with narrow apertures for windows, through which the light faintly struggled, but scarcely illumined the gloomy interior. The shops were small, badly lighted, often with unplastered walls and unpaved floor. The only entrance to the upper storey was through a trap door in the centre of the vaulted roof, which was reached by means of a ladder ; but when people no longer lived in fear of the Border thieves or the ' auld enemies,' security gave way to convenience, and stairs were built outside the houses for the purpose of reaching the first floor. These forestairs, as they were called, abutted some way into the strpet, forming most in- convenient impediments to the thoroughfare. The erection of these stairs had gone on unchecked for half a century or so, until the municipal authorities, being seized with a zeal for reform, ordered their removal to the rear of the buildings. The streets were paved for the first time, and various public improvements carried out. The Tolbooth, after repeated tinkering, was taken down and entirely re- built. The Parish church, which had fallen into a ruinous condition, was also re- erected, and a new manse built at the same time. * JLament, 358 Upper Teviotdxle and the Scotts of Buccleuch. The old cross which had seen so many changes, and was so characteristic of a bygone age, was also removed. The date of its erection cannot be ascertained, although there is every probability that it was coeval with the church of St Mary's, which was built in 12 14. At first, a religious emblem consecrated to sacred uses, it gradually came to be appropriated for secular purposes. It was the place where public proclamations were made, and the pillory where evil-doers expiated their offences. At length the venerable emblem, which had long ceased to command the reverence of the devout and was no longer needed as a place of punishment, came to be regarded as a useless obstruction, and its demolition was decreed. It was accordingly taken down in 1762, and the stones sold for us. 6d. The large flat stone containing the socket in which the upright shaft of the cross was fixed, was turned upside down, sunk level with the street, and a large iron ring fastened into it, and to this ring the bulls were tied when the Hawick people enjoyed the barbarous amusement of bull-baiting. A belief prevailed that this cruel practice improved the quality of the meat, and when an ox was to be slaughtered it was tied to the bull-ring, and irritated to madness by a yelling crowd of tormentors, assisted by all the dogs in the neighbourhood. Humane people will be glad to know, however, that beef was not an every-day article of diet at that time ; work- ing people seldom tasted it, and it was rarely in the market. At the annual letting of the Duke of Buccleuch's lands — the land-setting as it was called — an ox was killed for the entertainment of the Commissioners. This was quite an event in the town ; the children, and not a few of the old people going to meet the ox, which was escorted into the town with a chaplet of flowers flung over its horns, like a heathen sacrifice, and the town's piper playing at the head of the procession.* The custom of bull-baiting being abolished, the stone with the ring attached was removed to the tanners' pool on the Teviot, and the hides and skins which were being steeped in the river were fastened to it. When the Teviot road was made, the stone was in danger of being covered up, and some members of the Archaeological Society had it removed to the museum. Cock-fighting was also a popular amusement in Hawick, and even the child- ren were initiated into the sport by their teachers. At Candlemas it was custom- ary for the schoolmaster to receive a present of a small sum of money from each of his pupils, and the day was observed as a holiday, which was spent in cock-fight- ing. The school -benches were carried to the haugh, by the Teviot, and arranged * Paper by Mr A. Michie in the Trans. Hawick Arch. Society, 1867. Upper Teviotdale aud the Scotts of Bucdeuch. 559 h IA 5ivfotj&-;j£« Jr. in a square for the accommodation of the spectators. The cocks were provided by the master and his scholars mutually, and the master presided over the sports. This amusement was also suppressed, and the game of football substituted at the annual holiday. Until the year 1767, Hawick had no connection with any postal system, and letters and newspapers were transmitted to and from Edinburgh by the carrier, who made the journey * — ^ once a week ; but through the exertions of Sir Gil- bert Elliot of Minto, per- mission was that year obtained from the Government to estab- lish a post three times a week to Edinburgh and Berwick, on the under- standing that the Government should be guaranteed against loss. Mr Elliot, a tanner in Hawick, gave his services as Post-master gratuit- ously for the first year ; and the experiment was so far successful that a surplus of £40 vfe. was realised after paying post-boys and other ex- penses. There was no provision for delivery, and when the mails came in, people who expected letters, called for them at the Post-office. As might be expected, 360 Upper Teviotdale and the Scotts of Buccleuch. letters often lay unclaimed for days, and even weeks ; and on market or fair days it was customary to exhibit them on a table or krame outside the door of the Post-office, so that passers-by might examine and claim them. With the same object, they were spread on the flat tombstones in the churchyard on Sundays, and in the leisurely ten minutes or so, usually spent there before service, the worshippers had an opportunity of satisfying themselves as to the destination of the different letters, and appropriating their own, or carrying home a neighbour's. The greatest public undertaking and the one which engaged the largest share of attention in Hawick was the building of a bridge over the Teviot ; for with the exception of the ancient bridge over the Slitrig, there was none in the town, and the only means by which the Teviot could be crossed dry-shod, was by stepping-stones. When the river was in flood, which was frequently the case in the autumn and winter months, all communication with the opposite bank was cut off. The question of building a bridge was a serious one in those days, and was discussed for nearly ten years before the work was begun in earnest. The follow- ing enigmatical notice regarding the bridge appears in the town treasurer's- books : — ' Paid to my wife when ye workmen went to see where ye brige should be, 1 8s.' It looks somewhat odd that the wife of the town treasurer should receive a sum of public money because the site of a new bridge was being surveyed. The explana- tion, however, is quite simple. The treasurer combined with his public functions, the occupation of an innkeeper, and the money was paid for, that ' something to drink,' which was supposed to facilitate the transaction of business. The progress of the work was marked by similar entries in the Burgh Records — such as the brandy which was consumed when the foundation of the middle pillar was laid ; when the ' kystone ' of the centre arch was perfected ; and on various other occasions the Bailies were pretty liberal with drink money, so that everything was done to bring good luck to the undertaking which was finished in I74 1 - The bridge was estimated to cost about £450. Of this sum the Duke of Buccleuch guaranteed £250, to be paid at the finishing of the bridge, and for the remainder the burgesses were to be stented or taxed according to their means. It was found necessary, however, to borrow part of the money, and the debt thus contracted was proposed to be paid out of the surplus funds of the Burgh revenue. After paying ordinary expenses, however, the margin left over was so incon- Upper Teviotdale and the Scotts of Ducclcuch. 36 1 siderable that the council resolved to adopt some system of retrenchment. They began by curtailing all 'superfluous expenses'; such as giving the Burgh officers broad cloth coats and fine hats, for which was substituted ' coarse home-made cloth coats,' and ' coarse hats, each coat not to cost above three half-crowns, and each hat not above fourteen pence.' The town piper was no longer to have any allowance from the public treasury for playing at the common ridings and other festive occasions, but was to depend for remuneration on what the people might choose to give him out of their own pockets. It was resolved at the same time to discontinue drinking the health of his most sacred Majesty at the public expense. It gives some idea of the limited revenue of the Burgh when such petty measures of economy were considered useful or necessary. Horse-racing formed part of the amusements at the common- riding at the very beginning of the Eighteenth century, and the racecourse at Hawick Moor is among the oldest in Scotland. In 1723, the Town-Council gave a saddle to be run for ; two years later they contributed £2 to the town's plate, and the following year gave a cup to be run for, and were generally speaking, as liberal as their means would permit, in giving encouragement to the sports of the people. The ordinary municipal court of the Burgh exercised co-ordinate jurisdiction with the court of the Lord of the Regality, who held almost unlimited powers in criminal cases over the whole Barony. From the time of James the First, this power had been vested in the Douglases of Drumlanrig, who held courts in Hawick at regular intervals. Latterly, the Duchess of Buccleuch and her grandson exercised the functions of justiciaries through their deputies. These Baron's courts were abolished by Act of Parliament, and in 1747, the Duke of Buccleuch received ,£400 from the Government as compensation for the loss of that privilege. In 1748, the freedom of the Burgh was presented to the Earl of Dalkeith when on a visit to the town. This was Francis, the eldest son of Duke Francis, who was born in 1721. He married Lady Caroline Campbell, eldest daughter of the Duke of Argyle, in 1742. Through this marriage the Buccleuch family inherited a valuable addition to their properties. By the death of John, Duke of Argyle, without male issue, Lady Caroline and her descendants became heirs general of the House of Argyle, and inherited the lands of Granton, with right and privi- lege of building a harbour. The Dukedom being entailed on heirs male, went AAA 362 Upper Teviotdalc and the Scott s of Buccleuch. to another branch of the Campbells. Had the entail been in the female line, the Scotts would have inherited the Dukedom of Argyle, as they inherited that of Oueensberry. The Earl of Dalkeith was Member of Parliament for Boroughbridge, in Yorkshire, and was made a doctor of civil law by the University of Cambridge. He died of smallpox in 1750, being cut off from a life full of usefulness and promise, at the early age of twenty-nine — by the same disease which had been fatal to his mother. He left a family of two sons and two daughters, two other sons having died in infancy. On the day of his death, the Earl made a will, leaving his personal property and the guardianship of his children to the Countess, The Countess survived her husband many years, and in 1755, married the dis- tinguished orator and statesman, The Right Honourable Charles Townshend. In 175 1, just a year after the death of the Earl of Dalkeith, his father, Francis second Duke of Buccleuch died, and was succeeded by his youthful grandson, Henry, who at the age of five, became Duke of Buccleuch. CHAPTER XVII. ' Sweet Teviot ! on thy silver tide The glaring bale-fires, blaze no more ; No longer steel-clad warriors ride, Along thy wild and willowed shore.' Sir Walter Scott. ' All now is changed, and halcyon years Succeed the feudal Baron's sway ; And trade, with arts and peace appears, To bless fair Scotland's happier day. ' Anon. Henry, third Duke of Buccleuch, was born in 1746, and succeeded his grand- father at the early age of five years. He was educated at Eton, and at the age of eighteen went abroad to travel along with his brother, the Hon. Campbell Scott. Dr Adam Smith, the well-known author of 'The Wealth of Nations,' accompanied them as their preceptor and travelling companion. Dr Smith was Pro- fessor of Moral Philosophy in the University of Glasgow, and had attained a high reputation in the literary world by the publication of his first great work, ' The Theory of Moral Sentiments.' Charles Townshend, the stepfather and guardian of the Duke of Buccleuch, admired the book greatly, and was anxious to secure for his Ward the instruction and companionship of such an able thinker. He made very liberal proposals to Dr Smith to travel with the young Duke, which he agreed to, although it involved the resignation of his Professorship ; but an annuity of £300 a year was secured to him as an equivalent. Dr Smith and the young noblemen remained abroad for nearly three years, moving in the best society, and cultivating the acquaintance of the most eminent literary and scien- tific men on the continent of Europe. Their pleasant sojourn was brought to a sad end by the death of the youngest of the party, the Hon. Campbell Scott, who took ill and died at Paris, and Dr Smith and the Duke immediately returned to England. Dr Smith always spoke of these three years of travel with pleasure and grati- tude ; and the Duke felt the influence of his association with the genial, kindly, 364 Upper Teviotdale and the Scotls of Bncclcttch. and learned philosopher during his whole life. In a letter written by the Duke shortly after the death of his distinguished friend, this passage occurs : — ' In October 1766 we returned to London, after having spent nearly three years to- gether without the slightest disagreement or coolness. On my part with every advantage that could be expected from the society of such a man. We continued to live in friendship till the hour of his death ; and I shall always remain with the impression of having lost a friend whom I loved and respected, not only for his great talents, but for every private virtue.' On the 2d of May 1767, the Duke was married to Lady Elizabeth Montague, only daughter of the Earl of Cardigan. The Duchess was a very beautiful woman, tall and graceful, and gifted with rare intelligence and good sense. Her amiable disposition and warm heart led her to delight in works of charity and mercy. She had been educated in great retirement, and hence was shy and reserved when she first appeared in society ; but she soon acquired that elegant and dignified manner for which she was afterwards distinguished. Louis Philippe, who visited the Duchess at Dalkeith, said that ' he had met and conversed with nearly all the crowned heads of Europe, but in no instance did he feel so embar- rassed as by the formal and dignified bearing of the Duchess of Bucclcuch.' The summer following his marriage the Duke of Buccleuch resolved to visit his various properties in Scotland, accompanied by his young bride, and to cele- brate his majority there. His Grace had not hitherto resided on his hereditary estates, and his visit was looked forward to with eager expectation by his tenantry and dependents. Great preparations were made for the celebration of the Duke's majority, but the festivities had to be postponed on account of the sudden death of Mr Townshend, the Duke's stepfather, which occurred in the brief interval between his arrival in Scotland and his birth-day. This sad event cast a gloom over the happy occasion, for Mr Townshend was both loved and respected by his step-children, and his loss filled them with deep sorrow. Dr Alexander Carlyle, the minister of Inveresk, gives an interesting account of the first visit of the young landlord to his estates. He says : — ' The family had been kind to their tenants, and the hopes of the country were high, that this new possessor of so large a property might inherit the good temper and benevo- lence of his progenitors. I may anticipate what was at first only guessed, but became soon known, that he surpassed them all, as much in justice and humanity as he did in superiority of understanding and good sense.' Upper Tcviotdale and the Scotts of Bucclcuch. 365 On the morning of his birth-day the Duke received a birth-day ode, which was sent anonymously, but was afterwards acknowledged to be from the pen of Dr Carlyle. Sir Walter Scott says that ' the minister of Inveresk was no more a poet than his precentor was ;' yet, inspired by his subject, he produced an ode which is above the average of such effusions. It concludes — ' Illustrious youth ! trace back the rolls of fame, Pursue the annals of thy warlike name ; Call the best honours of thy noble race, Join to Scott's daring genius Monmouth's grace ; Add, if thou wilt, the strenuous Douglas ire, And temper all, with Campbell's patriot fire. Yet, midst the glories of thy Princely line, The virtues of Humanity be thine ; Our hapless land in vain has long complained Of chiefs in Syren bondage still detained ; Idly in courts, who waste their tedious days, Asleep alike to pleasure and to praise. Break thou the charm ; with merit all thine own, Seek an untrodden path to high renown, Be thine fair Montagu the generous part To aid the purpose of a patriot heart. Be this thy country ; thou her pride and boast, And full repay her the long years she's lost.' The author of these lines was manifestly of opinion that the appropriate sphere of a great land-owner was to live on his own property, be the friend of his people, and the guardian of their interests ; and it was this mode of life the young Duke chose for himself. He had previously intended, by the advice of his stepfather, to devote himself to politics, for Mr Townshend believed that he was well qualified to take a promi- nent position in Parliament ; but when deprived of the help and encouragement of that able politician, he decided to adopt the unobtrusive, but not less honour- able and useful career of a resident landlord, devoting himself to the administra- tion of his estates. Recognising in the fullest and broadest sense the duties and responsibilities devolving upon him, he settled down among his tenantry, and turned his attention to the improvement of his property. He also sought, by every means in his power, to improve the condition of the poor, and to relieve their distresses. The Duke adopted a somewhat eccentric mode of getting acquainted with the 366 Upper Teviotdalc and the Scotls of Buccleuch. peasantry, and gaining a knowledge of their social condition. Following the example of certain illustrious personages, renowned both in Eastern story and Scottish history, he visited his cottagers disguised as a humble wayfarer. Perhaps a youthful love of adventure had as much to do with these odd freaks as philan- thropy, but there is something very pleasing in the idea of the young nobleman sitting by the hearth of the shepherd or ploughman, sharing their humble meal, and ' cracking' in simple homely fashion with his entertainers, listening to their complaints, drawing out their opinions, and learning to understand their feelings, their difficulties, and their hardships. One of Duke Henry's gabcrlunzie adventures is described by Henry Scott Riddle, in a poem entitled the ' Cottagers of Glendale.' The Duke spends the night with an old couple in a half-ruinous hut, where among a great deal of interesting information, the incognito had the gratification of hearing a very favourable report of himself. ' They say, of landlords east and west, our ain Duke Henry is the best of a' the Lairds in Britain.' As a consequence of this visit, the poet goes on to relate that the cottage was rebuilt, and other substantial benefits filled the hearts of the old folks with trans- ports of gratitude. Duke Henry paid his first visit to Hawick shortly after his arrival in Scotland, when he was received with every demonstration of rejoicing, and presented with an address, welcoming him to ' His ain toun of Hawick.' He had hitherto had no opportunity of taking a personal interest in the affairs of the Burgh, but he showed a great willingness to assist in all public improvements, and to en- courage the trade of the town, which was then in its infancy. Though most of the Duke's time was occupied by business connected with his estates, his literary tastes led him to court the society of such eminent and learned men as Lord Elibank, Lord Pulteney, Dr Black, Dr Gregory, David Hume, and their distinguished contemporaries. He was a member of a literary society which flourished for some years in Edinburgh under the name of the ' Poker Club,' where much wit, wisdom, and learning were concentrated. As the facetious title of their club would imply, the meetings of these philosophers were not wholly given up to grave deliberation on weighty subjects. They could be gay as well as grave, and if the traditions of the club are to be relied on, these genial literati spent some merry evenings together. Upper Teviotd'ile and the Scott s of Buccleuch. 367 The Duke of Buccleuch was the first President of the Royal Society of Edin- burgh, which was instituted in the year 1783, and his portrait, along with the portraits of other distinguished presidents, is hung in the library of the Society. The Duke contributed a paper to the Philosophical Transactions of the Society — ' On certain meteorological observations kept at B-ranxholme for ten years.' At the beginning of the French Revolution the Duke raised a regiment at his own expense, called the ' Midlothian Fencibles,' in which the Rev. John Home, author of the tragedy of ' Douglas,' served as lieutenant. A story is told in con- nection with this regiment, which illustrates the kindly unassuming manners of the Duke. His Grace was walking in the uniform of the Fencibles, towards the Castle of Edinburgh, where his regiment was stationed, when he was accosted by a country girl, who enquired of him how she would find her brother ' Wull,' who was a private in the Duke's army. His Grace did not know ' Wull,' but he offered to conduct her to the parade ground, where she would be sure to find him. On passing a couple of sentries, who presented arms, the girl asked the meaning of the action. The Duke smilingly replied, ' It was done either to you or to me.' ' Wull ' was astonished to see his sister approach with the Duke, and asked her if she knew who she had been walking with? ' Na,' said the girl, ' I dinna ken wha he is, but he's a vera civil lad.'* When the Duke was walking in one of the country roads near his residence of Bowhill, he was accosted by a boy who was driving a cow which had become un- manageable, and he appealed to the Duke to help him with the ' camsterie beast.' The Duke taking no notice, the boy became more urgent, saying that he was driving the cow to the big house, where he was sure to get something, and if he would help him, he would give him half. The Duke good naturedly came to the boy's assistance, and between them the ' camsterie beast' was safely driven to its destination, and the Duke agreed to wait in the road to receive the promised reward. As soon as the boy had disappeared, the Duke entered the house, and giving the butler a guinea, directed him to give it to the boy who had just brought a cow. He then returned to the rendezvous, and presently his young acquaint- ance came back, and saying he had received a shilling, offered the Duke sixpence. * ' Border Memories,' by W. R. Carre, p. 360. 368 Upper Teviotdale and the Scotts of Duccleuch. ' Is that all you got ?' said the Duke, in some doubt whether it was the boy or his servant who was dishonest. ' Aye,' replied the boy, ' it's all I got, and plenty too.' 1 If you will come back with me to the house,' said the Duke, ' and point out who gave you the shilling, I think I can get more for you.' The boy agreed, though in some surprise, and returning to the house the Duke summoned the butler, and asked the boy if that was the person who had given him the shilling ? Seeing he was found out, the man implored forgiveness, but the Duke sternly ordered him to make restitution to the boy, and to quit his service. Like most good-natured people, the Duke's kindness was often imposed on. He was in the habit, when he went out walking, of taking a quantity of small change in his pocket, for the purpose of bestowing a trifle on the numerous appli- cants for charity he met with. Having no silver one day, he asked one of his servants before going out if he could gave him change for a sovereign. The man replied that he was sorry he had no change, adding significantly, ' I have no doubt many of the beggars you meet are quite able to oblige your Grace.' At the meetings of the General Assembly in 1778, when the question of Catholic emancipation was discussed, Principal Robertson, the historian, Mr John Home, and other leaders of the Moderate party, successfully defended the cause of toleration ; but though the court of the Church set an example of liberality, the general public were as bigoted and intolerant as in the days of John Knox, and popular feeling was strongly opposed to the Bill for the relief of the Roman Catholics in Scotland. The narrow-minded prejudice which the people mistook for religious zeal was manifested by open violence, and a vast mob having assembled, and burned to the ground a Roman Catholic chapel in Edinburgh, a large body of Buccleuch's ' Fencibles' was called out, and under the personal command of the Duke did good service in allaying the tumult. Next day the mob attempted to seize and destroy the residence of Principal Robertson, in the University build- ings, the learned advocate of toleration having been compelled to take refuge in the castle from the fury of the rioters, when the ' Fencibles,' aided by the dragoons, succeeded in preventing serious mischief. Sir John Dalrymple, a leading promoter of the Bill, wrote at the time to Bishop Hay — ' You ought to write with a thousand thanks to the Duke of Buccleuch ; he ventured his life over and over again to save your house and your people.' Upper Teviotdale and the Scotts of Buccleuch. 369 During the lifetime of Duke Henry, the Buccleuch family received magnifi- cent additions to their titles and estates. Through his mother, who was a daughter of the house of Argyle, and had been created Baroness Greenwich, his Grace inherited Caroline Park, in the county of Edinburgh, and the other portions of the Argyle estates which had descended to her. On the death of William, Fourth Duke of Queensberry, in 1810, he succeeded to the title and estates of Queensberry, and other hereditary dignities of the Douglases of Drumlanrig. He also succeeded, through his marriage, to large estates in England. The Duke died at Dalkeith House, on the nth of January 1812, and was interred in the family vault at Dalkeith church. A passage in a letter, written by Sir Walter Scott, thus describes the funeral of his Grace — * ' Yesterday, I had the melancholy task of attending the funeral of the good old Duke of Buccleuch. It was by his own direction very private ; but scarce a dry eye among the assistants, a rare tribute to a person whose high rank and large possessions removed him so far out of the social sphere of private friendship. But the Duke's mind was moulded upon the kindliest and most single-hearted model, and arrested the affections of all who had any connection with him.' Among all those who were attached to the Duke, by ties of affection or gratitude, none loved and appreciated him more than the great Novelist, and his correspondence contains many allusions to 'The Good Duke.' The following sentences concerning him formed the introduction to a tribute to the memory of Duke Henry's son and successor, which appeared in the ' Edinburgh Weekly Journal,' for 18 19 — 'It is so lately as the year 1812 that Scotland was deprived of one of the best patriots, and most worthy men to whom she ever gave birth, by the death of Henry, Duke of Buccleuch. . . . There never lived a man in a situation of distinction so generally beloved, so universally praised, and so little detracted from or censured. The unbounded generosity of Duke Henry, his public muni- ficence, his suavity of disposition, the sound and excellent sense, enlightened patriotism and high sense of honour, which united in that excellent person rendered him the darling of all ranks, and his name was never mentioned without praises by the rich, and benedictions by the poor.' * Lockhart's ' Life of Scott,' vol. ii. p. 391. BBB 37° Upper Teviotdale and the Scott s of Buccleuch. The Duchess of Buccleuch survived her husband for a great many years. Her Grace was very active in her habits, an early riser, and very fond of walking exercise. She enjoyed excellent health till a few months before her death, at the advanced age of eighty-four. She died at Richmond, near London. An obituary notice, in an Edinburgh journal, alluded to her Grace in these eulogistic terms — ' She was possessed in a remarkable degree of the dignified yet courteous manners which became her elevated rank and station. But she was still more distinguished by the beneficence of her disposition, and a liberality which seemed to exceed the bounds even of her princely revenue. It was not only that her Grace's name was found upon every record of public benificence — It was not only that her bounty was extended to all meritorious applicants for private assistance, but her charity taking a wider as well as a nobler circle, sought out and relieved in secret those who were pining in humble silence. Widowed mothers, orphan children, the indigent of every description who had known better days, were frequently by her, raised from penury to that decent competence which cheats poverty of half its bitterness by con- cealing its shame.' The period embraced by the life of Duke Henry was a notable era in the history of Hawick, when the trade of the town, from a very small nucleus developed into an important industry. The weaving trade had been established in Hawick from the earliest period of which there are authentic records, and the ' wabsters ' or handloom weavers had formed themselves into a corporation or guild for the protection of their interests. This body exercised a jurisdiction not only over the members of the craft in Hawick, but also over the weavers in the country districts. About a century ago the rural population was much more numerous than it is at present, and many villages existed in Upper Teviotdale, and around Hawick. Those of Flex, Northhouse, Slatehills, Hawick-Shiels, and several others have now been swept away. In these villages, colonies of weavers had established themselves, and wove linen cloth and sheetings, woollen plaidings, blankets and tweels. The loom usually stood in the ordinary living-room of the family, and in the long winter evenings, while the guidman plied the shuttle, the guidwife was no less diligently employed in spinning at the big wheel, the red glare of the peat fire serving both for light and warmth. The weavers continued for many generations to execute their work at their own homes. The first weaving factory, where several looms were gathered under one roof, was established about the middle of the last century, in the Cross-wynd, where linen checks were woven. The yarn was all spun by the women, spinning Upper Teviotdale and the Scotts of Buccleuch. 37i being the universal occupation of the fair sex, both in hall and cottage. The spinning wheel was intimately associated with the domestic life of Scotland ; it was the most important article of a bride's plenishing, and its cheerful hum seemed like a musical accompaniment to all the different phases of a woman's life. Every true housewife took the greatest pride and pleasure in the products of her industry — the warm woollen garments in which her family were clothed, the strong serviceable household linen, and most dearly prized of all, the snowy damask table-cloths and napkins. It was the custom in Hawick for the servant lasses, and their mistresses too at times, to carry their wheels into the house of some neighbour, or on bright sunny afternoons, to sit outside their doors in the High Street, where they could observe all that passed, and while the busy wheels revolved, lighten their labours with a little pleasant chat, and the discussion of all the latest gossip. 1 he cottagers and working-people in Hawick, and surrounding districts, sold the yarn they spun, and a large trade, both in linen and woollen yarn, was done at the fairs. The handloom weavers wove the yarn into cloth, which also formed 372 Upper Teviotdale and the Scotts of Buccleuch. a staple article of merchandise at the various fairs, or it was transported on pack horses to Kendal, Newcastle, or Stirling. Bailie Oliver and James Dickson were two Hawick merchants, who for many years travelled with their goods into England, each with a pack horse, which they loaded on their return journey with cutlery, hardware, leather goods, or such articles of English manufacture, as were likely to command a ready sale in Hawick. For hundreds of years, this simple domestic mode of manufacture and homely way of doing business continued without change till 1752, when three enterprising individuals started a carpet manufactory in the town. These were John Elliot of Borthwickbrae, Walter Elliot of Ormiston, and Thomas Turnbull of Minto. Mr William Robertson was brought from Dunfermline to supply the practical know- ledge of the business and get the manufactory started ; and he was afterwards taken into partnership. The weaving factory and warehouse were in Orrock Place, the looms being on the ground floor, and the warehouse above. The magistrates had sent a present of a carpet manufactured in Hawick to the Lord Chief Baron Montgomerie, who had rendered them some professional service, and in returning thanks for the present, said — ' I assure you it gives me the greatest pleasure to see that your manufacture of carpets is so far advanced. I did not know that carpets of such a size, without a seam, had been made in this country.' The carding and spinning of wool by machinery was begun on a small scale about the same time, in the waulk mill, at the Tower-Knowe, and the yarn used by the carpet manufacturers was spun there. The carpet weaving was discontinued in 1806. Another branch of trade which flourished for some time in Hawick was the inkle weaving, or manufactory of linen tapes. The exact date of its commence- ment is uncertain — probably about the time the carpet weaving was started. The yarn used in making the tape was imported ; and the processes carried on in Hawick were the weaving, boiling, bleaching, and putting up for market. The weaving shed was near the Roughheugh mill. Ground was granted by the Duke of Buccleuch for a boiler house, and the company had a lease of part of the Common haugh for a bleach field, the Council reserving the right of holding the winter fair annually on the unenclosed parts, and also of riding and perambulating the haugh at the Common-riding. The part used as a bleachfield was enclosed, and channels were cut across it for carrying the water to different parts of the Upper Tcviotdale and the Scott s of Buccleuch. 373 ground, whence it was thrown by means of big iron ladles over the tapes spread out on the grass. This bleaching process required several weeks to complete ; and as the tapes lay exposed to the influence of the air and sun both night and day, a sort of sentry box was erected in the field, in which a watchman was stationed to protect the goods during the night. When the tapes were finished and put up ready for the market, they were labelled ' Harlaam,' and sold as the product of that town ; probably owing to the yarn being produced there. The inkle weaving, like the carpet manufacture, was discontinued during the period of dull trade at the beginning of the century. The carding mill which belonged to Mr Thomas Turnbull, familiarly called ' Bailie Tammy,' was temporarily shut about the same time under rather amusing circumstances. When the carpet trade began to decline the mill was partly employed in country carding, the money for which was drawn by the foreman, and the necessary expenses for the mill and wages defrayed out of it. The foreman who liked a dram, was tempted sometimes to indulge a little at the expense of his employer, and the profits of the carding gradually diminished. One evening he appeared before the Bailie, and demanded money for candles. ' Rob,' said the Bailie, ' if your mill cannot buy candles for itsel', ye'd better bring in the key.' Hawick was the first place in the south of Scotland where the stocking frame was introduced. The hosiery trade, which has long occupied an important and prominent place among the industrial enterprises of the town, was commenced on a very small scale by Bailie Hardy, in 1771. The stockings, at the beginning, were made of linen and worsted, and afterwards of lambs-wool, the yarn being all spun by hand until 1799. It was given out in batches of a few pounds each to women in the town to be carded and spun, but on the introduction of improved carding machines at Galashiels, the hosiers sent the wool there to be carded. It was taken to Galashiels on the back of a pony, which may give some idea of the small beginning from which the hosiery trade, now employing hundreds of hands, has sprung. In 1787 the Duke of Buccleuch granted ground and a waterfall to William Richardson for a mill at the top of Slitrig Crescent, then known as the Whiskey House Mill. There a blue cloth was made, and a coarse kind of flannel called duffle. Carpets were also made at this factory at a later date. Muslin or shirting weaving employed several looms towards the end of the last century, the work 374 Upper Teviotdale and the Scotts of BuccleucJi. being done for a Carlisle firm, but, with the exception of the hosiery, all these different branches of trade successively died out, or were superseded. The great impetus given to trade, from the middle of the Eighteenth century, naturally led to the extension of the town. The population in 1750 was only between two and three thousand, which gradually increasing, rendered additional house accommodation necessary. The Sand-bed, which was literally what its name implies, was feued for building purposes about this time, and the houses on both sides of the Loan outside the West Port were built. The Council also brought in a supply of fresh spring water to the town, and erected two wells, one at the Cross-wynd, and the other at the foot of the Mid Row. To meet the wants of the increasing population a further supply became necessary, and about twelve years later the water was brought in leaden pipes from the Sclidder Springs, and six additional wells were erected in different parts of the town. On the 5th of August 1767, there was considerable destruction of property caused by an extraordinary flood in the Slitrig. There had been no great fall of rain that day, and the Teviot maintained its ordinary level ; but the Slitrig rose with alarming rapidity and rushed into the streets, carrying everything before it, threatening to sweep away all the lower part of the town. The stream began to rise about four o'clock, and by six it had risen 22 feet above its ordinary level. Fifteen dwelling houses, with the corn mill at the end of the town were swept away, and the very rock on which they were founded, washed so completely that not a vestige of a building was left. The old Millport Tower was undermined and the walls rent. The parapets and the east side of the old bridge were carried off, and a great number of houses much damaged. Three houses were covered with water up to the chimneys, but being in an eddy, saved them from being washed away. The Tower was also in the utmost danger. Its walls, though partly undermined, were fortunately strong enough to resist the flood. Many people narrowly escaped being drowned, the water filling the under flats of houses before the inmates had time to get out, they had to be rescued at great risk by the windows. Six men were swept away when trying to save some of their goods and furniture, but were taken out a little lower down the river. A servant maid, who knew that her master, who was from home, had a large sum of money in the house which was then surrounded by water, begged some of the bystanders to try to recover it. None being willing to venture, the brave girl made the attempt herself and succeeded in reaching the bag containing the money, Upper Teviotdale and the Scotts of Buccleuch. 375 but in coming out, she was carried away by the current, and was cast ashore a little further down, more dead than alive, firmly clutching the precious bag for which she had risked her life. The people were in a state of the greatest terror and consternation ; and when the flood was at its height, the good old minister, Mr Laurie, persuaded the awe-stricken spectators to adjourn with him to the church and implore Heaven to avert the impending destruction. Here he offered up a most fervent and pathetic prayer ; and when the people left the church, says an eye-witness, ' they found the water was considerably assuaged, although there was not the least appearance when they went to church.' The same spectator relates that the ravages caused by the flood were so great that ' if you were to take a view from one of the Tower windows, unless by the kirk, and the new bridge, you would not imagine it to be Hawick.' The loss was estimated at .£4000, and most of the Burgh Records were carried off. Fifteen families were rendered destitute, having saved nothing but what was upon their backs ; and collections were made in many of the neighbouring parish churches for the sufferers. Accord- ing to Mr Gledstanes, the town-clerk, whose description has been already quoted, Mr Laurie, the minister, exerted himself greatly on behalf of his destitute parishioners, and ' yesterday being the Sabbath-day, he made an extraordinary day, suited and calculated for so awful an occasion. He preached from Luke, chapter 13th, from the 2d to the 5th verse, and was so affecting in his discourse that he teared [drew tears] in almost every sentence.' The inundation was understood to have been caused by the bursting of a water- spout on Windburgh, the hill from which the Slitrig takes its rise. The traditions of the country people ascribe it to the indignation of the fairies, who inhabited a small lake on Windburgh hill. A shepherd having cast a stone into the lake and dis- turbed their revels, the fairies caused the sides of the mountain to open and sent down the waters of the lake on the town. Many superstitious beliefs prevailed on the Borders a century ago, and these holes or lakes on the mountain tops were re- garded with great awe. They were believed to be the entrance to the subterraneous haunts of the fairies, and all sorts of unearthly sounds were confidently believed to proceed from them. In allusion to this fairy legend, Leyden, the poet writes: — ' From yon green peak, black haunted Slata brings The gushing torrents of unfathom'd springs : In a dead lake, that ever seems to freeze. By sedge enclosed from every ruffling breeze, $j6 Upper Teviotdalc and the Scotts of Buccleuch. ' The fountains lie ; and shuddering peasants shrink To plunge the stone within the fearful brink ; For here, 'tis said, the fairy hosts convene, With noisy talk and bustling steps, unseen ; ' Not long the time, if village saws be true, Since in the deep a hardy peasant threw A ponderous stone ; when, murmuring from below With gushing sound he heard the lake o'erflow. The mighty torrent, foaming down the hills, Called with strong voice on all her subject rills ; Rocks drove on jagged rocks with thundering sound, And the red waves impatient rent their mound ; On Hawick burst the flood's resistless sway, Ploughed the paved streets, and tore the walls away, Floated high roofs, from whelming fabrics torn ; While pillared arches down the wave were borne.' This flood was no solitary experience, for the high hills which surround the narrow channel of the Slitrig often send down the waters like a dashing torrent. Gawain Douglas is supposed to have witnessed a similar flood 350 years before, and the following passage in the second book of the ' Enead ' might well be a description of an outbreak of the Slitrig : — ' Affrayit, I glisnit of slepe, and sterte on fete, Syne to the house hede ascend anone, With eris prest stude thare, als styll as stone ; Ane sound or swanck I heard there at the last, Like quhen the fire be felloun wyndi's blast, Is driuen amyd the fiat of comes rank, Or quhen the burn on spait hurlis doun the bank, Uthir throw ane watter brek or spait of flude Ryvand up rede erd as it war wod ; Doun-dingand cornea all the pleuch labour attanis And driuis on stiffly stokkis, treis and stanis.' In 1846 the town was again inundated from a similar cause, when great trees, which had been torn up by the roots and hurled down by the flood were left on the Tower Knowe and other places far above the ordinary level of the river. The auld brig over the Slitrig, though exposed to the full force of these im- petuous torrents stood unshaken. The small arch at the east side was carried Upper Teviotdale and the Scotts of Buccleuch. \77 away by the flood of 1767, but the solid masonry of the main arch remained firm as the rock on which it was founded. This bridge which was so steep and narrow as to be unfit for wheal traffic, was the only connection between the east and west parts of the town, which was divided by the Slitrig ; and about ten years after the great flood, another bridge was erected by subscription a little below the old one. The increasing trade of the town was greatly facilitated by the new roads which \S? 3>k SSww- were being constructed in the district chiefly through the exertions of the Duke of Buccleuch. The roads in upper Teviotdale were mere tracks, or bridle paths, which crossed and re-crossed the river about a dozen times between Hawick and Mosspaul. The Tower, which had been a private residence of the Buccleuch family CCC 37$ Upper Teviotdale and the Scotts of Buccleuch. after the Barony had been acquired by them, was now converted into an inn, under the management of a Mr Stevenson, who was made a burgess of Hawick in 1773.* A Farmers Club, the first in Scotland, was established -in Hawick in 1776, its meetings being held in the Tower Inn. A subscription library, containing a con- siderable number of valuable books, was also instituted. A new Town Hall was erected somewhere about 1782 ; the old one, which was built in 1724, was of a very homely description, the rafters being open from beneath, and the roof thatched. The streets were all levelled and paved, and many other minor improvements carried out to all of which the Duke contributed liberally, and in many ways manifested his interest in the prosperity of the town. * ' Annals of Hawick,' p. 163. Upper Teviotdale and the Scotts of Buccleuch. 379 There was, however, a strong feeling of antagonism to the Duke among a certain class of the inhabitants, in consequence of the action taken by His Grace regarding the division of the common. The Burgh claimed the common as their exclusive property. This the Duke disputed, on the ground that he and the other conterminous proprietors had a mutual right of pasturage thereupon ; and he raised an action of declarator and division before the Court of Session. Though feeling ran pretty high, still a great majority of the inhabitants were alive to the advantages that would accrue to the town were the common divided, so that it might be enclosed and more profitably utilised. They, therefore, were anxious to have the question settled, and all litigation terminated. A meeting was at last held, when the following resolution was adopted : — ' 3rd July 1769. — Which clay the Magistrates and Town Council of Hawick, with the proprietors of 1'articates and other inhabitants, burgesses of the said town, under subscribing, being convened in the Council House, and taking into their serious consideration the present state of the commonty or common muir of Hawick, from which the town as a community reap no manner cf benefit, although some of the burgesses send their cows, horses, and sheep to pasture there, under the care of a common herd, being the only use to which the commonty can be applied in its present uncultivated state ; and that the community of the town of Hawick have no other common good, or public fund, to be applied for the exigencies, bene- fit, or utility of the said town, and considering that his Grace, Henry, Duke of Buccleuch, who pretends that certain farms belonging to him, lying adjacent to the said commonty, have a right of pasturage upon the same, has raised a process of declarator and division of the said commonty before the Court of Session, in which proof has been led, and that, until either the said process shall be determined in course of law, or amicably settled with his Grace, and either the whole or a certain part of the said commonty be allocated to the town as their undisputed property, the same cannot be set in tack or disposed upon by them, or the rents thereof applied for the public uses or benefit of the said town.' The meeting therefore appointed certain of their number to act as their representatives and commissioners to treat with the Duke, with full powers to settle all disputes by compromise, or in any way they might see fit, and binding themselves to abide by any agreement their delegates might come to. This resolution was signed by 144 out of 200 burgesses and owners of particates. An arrangement having thus been happily brought about, a reference was made to Lord Advocate Montgomery, whose award, pronounced in 1777, appor- tioned the common among the different claimants thus : — The Burgh of Hawick, The Duke of Buccleuch, Thomas Turnbull of Fenwick, A. R. F. 8 5 2 I 28 329 3 10 15 2 33 380 Upper Teviotdalc and the Scotts of Buccleuch. A. K. F. Robert Oliver of Burnflat, . . . 10 1 22 John Laing of Flex, . . . 6 3 36 Scots measurement. The town's share amounted to 1075 imperial acres, exclusive of Myreslaw green and the two haughs. These, it was decided, made no part of the com- monty, and were declared to be the sole property of the Burgh — an important decision for the town, as these 20 acres were worth ten times as many of the the common lands. Although this arrangement was entirely satisfactory to most of the inhabi- tants, a number, still believing that the common was wholly and solely the pro- perty of the Burgh, were determined to resist any encroachment, and vituperation and abuse were freely hurled at the Duke, his agents, and all the town's people who had, it was alleged, been false to the interests of the town by agreeing to a compromise. The dissatisfaction culminated in a riot, and the commissioners appointed to mark out the line of division were pelted with stones. Mr Wilson, town clerk, who in an appendix to his ' Annals of Hawick,' has gone into the subject in a clear and exhaustive manner, states : — ' Although the division of the commonty has generally been considered as a measure injurious to the interest of the community, no exposition of the real circumstances of the case has ever been made public from which a just inference could be drawn regarding it. Declamation, indeed, there has been in abun- dance, but little or nothing in the shape of facts or explanations. ' The early history of the property is involved in obscurity. The first mention of the lands occurs in the charter of 1537, which shows that Douglas of Drumlanrig was the lord of the manor, and which then gave a clear right of property therein to the Particate vassals. Although not so set forth in the charter, it is probable, nevertheless, that, as the vassals of Drumlanrig, they enjoyed the privilege of pasturage anterior to that date, but without any written grant, and that it was the charter which first conferred on them an inde- feasible title to the estate, a conjecture to which the tenendas clause of the deed gives some probability. But however the fact may be as to this, uudoubtedly Douglas of Drumlanrig, either in his own right or as representing a predecessor, must be viewed in the position of Lord Paramount of the commonty. In this light he was, agreeably to a rule of law of general application, held to reserve to himself a right of pro- perty therein in common with the grantees, provided there had been continuous possession by him and his successors subsequent to the date of the grant. Thus the lands were never completely alienated ; all that was conveyed away being merely an admission to equal privileges with the granter, in so far as re- garded the fruits of the soil. There is a striking proof that this was the understanding of the Town Council themselves on the subject, contained in their minutes in the year 1710. P'rom these it appears that they solicited the permission of the Duchess of Buccleuch before venturing to enclose the lands called Myreslaw green. The Duchess consented conditionally, under the provision that such consent " should Upper Teviotdale and the Scotts of Btucleuch. 38 1 not infer ane property to the town, but that it should always be ane commonty and part of the common in all time coming thereafter." The mode of occupation of the commonty corresponded with this construc- tion of the grant. In the evidence adduced, and still extant, it was established, by the testimony of many witnesses, and placed beyond the possibility of doubt, that the occupiers of the Buccleuch lands, as well as those of the other circumjacent heritors, at all times pastured their cattle on the common as freely as the burgesses of Hawick. It was no doubt very anxiously endeavoured to be shown that the cattle of the burgesses enjoyed a certain pre-eminence over the rest, and that all the other hirsels often gave way to theirs ; but this was probably owing to their being superior in numbers to any of the other detached flocks, and perhaps also to the tactics incident to the exercise of such an anomalous right of property, in which the veteran shepherd, Mungo Armstrong, was no doubt a proficient ; and the fact of regular enjoyment of the pasturage was too palpable and decisive a circumstance to be overcome by occasional squabbles between shepherds having no precise notion of the rights of parties. 'The right being thus from the first, a limited one in the person of the burgesses, it is difficult to under- stand how they came to believe that the claims of the neighbouring heritors were founded on mere usurpa- tion. The Duke of Buccleuch and some of the other heritors had the privilege of the commonty embodied in their titles, in addition to which the Duke had a parliamentary ratification of his right ; they had also possession in accordance with the terms of their deeds, and the burgesses themselves had no more. But looking to the distinct way in which the boundaries of the lands were indicated in the charter, and judging perhaps from the titles of their burghal tenements, though not analogous they seem to have been unable to comprehend how these boundaries could have been circumscribed without their express consent. ' Although, however, such was undoubtedly the general feeling, there were not wanting at the time indi- viduals who perceived the error of this reasoning, and the advantages which would result from an exclusive in lieu of a common occupation of the lands. This is proved by the minutes of the Council, which show that the Council not only foresaw the advantage of a change, but had the courage to brave popular odium in order to accomplish it. ' Previous to the division of the common the burgesses had the privilege of pasturing their cattle thereon free of charge ; but now the Council proceeded to let a part of it as a small farm, reserving a portion for the burgesses' cattle, a stent or tax of 2s. being charged on each animal. A number of burgesses, chiefly those whose cows had been pastured on the common, objected to the payment of the stent, which they said was an iniquitous tax the Council had no power to impose. They also questioned the right of the Council to let any part of the Common, maintaining that the whole should be reserved for the use of the burgesses as had been the custom from time immemorial. The malcontents instigated by Walter Freeman, who had constituted him- self their leader, elected a town herd independently of the Council, and deputed him to take charge of their cattle on the muir, and to drive them on the part let on lease, as well as on the part reserved for the use of the burgesses. For this rebellious action and contempt of authority the magistrates caused the ring- J 82 Upper Teviotdale and the Scotts of Buc clench. leaders to be apprehended, and Walter Freeman and James Dryden were impri- soned in ' the loathsome wretched jail of Hawick ' from Saturday till Monday, when they were taken to Jedburgh county prison, and detained there for two days more, and then were liberated on bail. These two individuals raised an action against the Town Council, calling in question their power to let any part of the Common, or to impose stents on the cattle of the burgesses pasturing there. They also contended that the election by which the Bailies and Councillors held office was illegal and invalid. It had been the practice for the Town Council to furnish a leet or list of such persons as were considered eligible to fill any municipal office that might be vacant, and the choice of the electors was limited to this leet. Freeman and his co-adjutors maintained that it was not lawful for the Council to nominate candi- dates, or to restrict the choice of the electors, and that the burgesses had the right to elect whomsoever they chose, irrespective of the wish of those who were already in office. The Council were obliged to institute a counter action in order to ascer- tain the extent of their powers. The division was given against the Council, but an appeal to the Court of Session resulted the following year in a contrary verdict. Fortified by the legal ratification of their powers, the Council proceeded to let and improve their property, and the lands were enclosed, drained, and suitable portions planted. Previous to 1777, the town had no revenue except what arose from the dues or entry money of the burgesses, which was inconsiderable, and the Bailies were compelled to meet all extra demands on the public funds by the im- position of stents or taxes which, though trifling in amount, were levied with difficulty. The division of the common brought about an immediate change. Instead of being a mere private benefit to a fraction of the inhabitants, these lands at once became an important source of revenue, which has gone on increasing, and now amounts to the handsome sum of £1 100 per annum, which is applied to the general expenses of the town ; and besides greatly ameliorating the assessments, enables the municipal authorities to carry out many public improvements, which would otherwise be impossible without imposing intolerable burdens on the community. The friendly interest manifested by the Duke towards Hawick was in no de- gree lessened by the disputes which had arisen between his Grace and the town's Upper Teviotdale and the Scotts of Buccleuch. 383 people. After these were settled their amicable relations continued undisturbed, and His Grace was ever ready to assist any public undertaking, and to promote the interests of the Burgh whenever he had the opportunity. In the beginning of the present century the wars of Napoleon Bonaparte had deluged Europe in blood. His victorious armies had conquered Egypt, Italy, and Austria ; Holland and Spain were in abject subservience to him ; most of the German States were under his control, and Prussia sought his alliance. Britain alone stood firm and unsubdued, and with her powerful navy offered a resolute and formidable resistance to the conqueror. In 1803 the French army numbered nearly a million. Napoleon was gather- ing his forces near the English Channel, and as it was known that his ambition aimed at the conquest of England, the alarm of invasion spread rapidly through the country. The patriotic and martial spirit of the people was roused, and men of all classes were ready to take up arms in defence of their native land. Ninety thousand militia and four hundred and twenty thousand volunteers were soon en- rolled, and numerous offers were made of horses, carts, and waggons for the use of the troops, and for the conveyance of baggage and military stores. Every town and village had its parade ground, where there were constant drilling and review- ing of troops, and active preparations were everywhere in progress to repel the invaders. The call to arms was most loyally responded to north of the Tweed, and it was well that this was the case, for the whole force of regular troops stationed in Scotland was only one regiment of dragoons and two battalions of reserves. ' Auld Scotland heard the boding sound, And threw her crook away, And foul fa' ilk coward loon Wha wadna join the fray. Syne banged her gun fra aff the wa', Wi' belt and bayonet keen, And swore to conquer or to fa', To keep her thistle green.' Earl Moira (afterwards Marquis of Hastings) was appointed commander of the forces in Scotland, and he entered with great spirit and energy into the patriotic enthusiasm of the people. ' The Scots,' he said, ' were neither to be contaminated by the principles of the French, nor conquered by their arms. They were fully equal to the protec- 3 84 Upper Teviotdale and the Scott s of Ducclencli. tion of their country, without reinforcement, and if ever the day arrive when the enemy shall dare to put his threats into execution, he will only afford them a fresh opportunity of justifying the character they now enjoy. It will be an arduous, a rough day, but it will be a day more glorious than any that stands re- corded in their country's history.' In October 1803, Sir Walter Scott wrote — ' God has left us entirely to our own means of defence, for we have not above one regiment of the line in all our ancient kingdom. In the meantime we are doing our best to prepare ourselves for a contest, which perhaps is not far distant. A beacon light communicating with that of Edinburgh castle, is just erecting in front of our quiet cottage. My field equipage is ready, and I want nothing but a pipe and a schnurbartchen to convert me into a complete hussar.' * There was a gallant muster of Borderers among the ranks of the volunteers. Men were only eligible for enlistment between the ages of seventeen and fifty- five, but many, though over age, were willing to serve. Tarn Dyce, the old and eccentric minister of Teviothead, would not allow either his age or his sacred calling to deprive him of the honour of serving his country, and he insisted upon joining the ranks. There were gallant youths like Walter Grieve of Southfield, who was under age, but begged that he might not be exempt on that account. Many suffering from bodily infirmities had themselves enrolled, determined to fight the French if they had a leg to stand on. The roll of names contain such entries as the following — James Lun, shepherd, Berryfell, infirm, yet willing to serve if it be in his power. Charles Hall, butler, Sinton, lame of a leg, but willing to serve. George Thorburn, New Woll, Ashkirk,. ready to go against the French with gun and bayonet, etc. Amid all the glow of patriotism there were some, who, calling themselves ' The Friends of Universal Liberty ' — professed to see in Bonaparte a great protector of the rights and liberties of the people. These men were familiarly called ' black nebs,' a name which was used as a by-word, and a term of reproach ; for Napoleon was generally abhorred as a tyrant and oppressor. For many months the greatest excitement prevailed, and the people being kept in a constant state of suspense and expectation, for it was impossible to tell where the French would land, the whole coast was carefully watched. In order to give immediate warning of the expected invasion, a system of signals * Lockhart's ' Life of Sir Walter Scott,' vol. ii. p. 156. Upper Teviotdale and the Scott s of Buccleuch. 385 was prepared, and upon the highest hill tops sentinels were placed who could communicate with each other by night or day. During the day the signal was a red flag, and at night a beacon fire. The Border beacons were signalled from Dowlaw, in the parish of Coldingham, to Duns Law and Hume Castle, on to Caverton-Edge, Pennielheugh, and the Dunion, onwards to Upper Teviotdale, by Crumhaughhill, Tudhope, and the Wisp, and from the summit of Black Andrew into Selkirkshire. At each of these stations a hut was erected for the accommodation of the staff of watchmen, which usually consisted of an old soldier, and a few volunteers. The following lines, on the Border beacons, appeared in the ' Kelso Mail ' in 1804, ■> ' Meteor of woe, that gleams afar, Dread harbinger of war unblest, Thou com'st not like the evening star, To give the toil-worn peasant rest. Thy lonely blaze, that flings on high Its terrors through the midnight sky, Flames from the castle's towery form The herald of the fateful storm, And calls the warrior from his sweet repose, To meet with vengeance dire the invading foes. ' Hark ! 'tis the drum's discordant noise That bids the burthen'd echoes roll ; Loud swells the trumpet's warrior voice — To glory wakes the hero's soul Arm ! arm ! ye sons of freedom, arm ! To shield your hallowed land from harm ; Urge to the coast your glorious way — Give to the sword your fated prey ; Let vengeful ruin seal th' invader's doom, And on the spot you meet them — be their tomb ! ' The Hawick people frequently visited the Watch Knowe at Crumhaughhill, and anxiously asked the sergeant in charge of the beacon, ' If he saw onything o' the French yet ? ' Scanning the distant country the while, and seeing in every moving group— a string of coal neddies, a few carts, or the like, indistinctly visible in the distance — the advance guard of the French army. At length the anxiety and expectation came to a crisis on the evening of the DD U .1 86 Upper Teviotdale and the Scotts of Buccletuh. 2d of February 1804. The person who kept watch at Hume castle saw, what he conceived to be the warning blaze on the signal station in Northumberland, and he immediately lighted his own beacon, which was flashed onward from station to station till the whole Border beacons were streaming forth the fiery summons. The warning blaze on Crumhaughhill was first observed in Hawick by a volunteer, who lived at the Damside. Running to the Tower Knowe, he fired the signal gun, thereby gaining a prize of 20s., which was offered to the first who should give warning. The whole town was quickly in commotion, the bells were rung, the town's drummer beat the alarm, and the volunteers instantly pre- pared to obey the call to arms. A trumpeter was despatched up the Slitrig to sound the warlike signal in Liddesdale, where there were no beacons, and the doughty dalesmen responded as readily as when in days gone by, an Elliot or an Armstrong summoned them to the fray. Swords were sharpened, and girded on ; horses were saddled, and they were soon dashing with eager impetuosity to join the ranks at Hawick ; and though many of them had twenty-five miles of moor and morass to cross, they were all in the ranks by daybreak. Other troops kept pouring in from the surrounding districts, for nearly a thousand infantry had been enrolled in the country parishes, besides a troop of yeomanry, one hundred and eight strong, commanded by Colonel Lockhart of Borthwickbrae. In Jedburgh, Kelso, and Lower Teviotdale, the summons met with a prompt and willing response, and volunteers from the skirts of the Cheviots, and from the most distant hills and glens came in an incredibly short time. In Selkirkshire it was thought that the French had landed at Musselburgh, and the muster and march of the ' Yeomen of the Forest ' is thus related by Sir Walter Scott, in a note to ' The Antiquary.' ' The Selkirkshire yeomanry made a remarkable march, for although some of the individuals lived at twenty or thirty miles' distance from the place where they mustered, they were nevertheless embodied and in order in so short a period, that they were at Dalkeith, which was their alarm-post, about one o'clock on the day succeeding the first signal, with men and horses in good order, though the roads were in a bad state, and many of the troopers must have ridden forty or fifty miles without drawing bridle Two members of the corps chanced to be in Edinburgh on private business. The lately married wife of one of these gentle- men, and the widowed mother of the other, sent the arms, uniforms, and chargers Upper Teviotdale and the Scott s of Buccleuch. 387 of the two troopers that they might join their companions at Dalkeith. The author was very much struck by the answer made to him by the last-mentioned lady, when he paid her some compliment on the readiness she showed in equip- ping her son with the means of meeting danger, when she might have left him a fair excuse for remaining absent. " Sir," she replied, with the spirit of a Roman matron, " None can know better than you that my son is the only prop, by which, since his father's death, our family is supported. But I would rather see him dead on that hearth than hear that he had been a horse's length behind his companions in the defence of his king and country." ' The Hawick volunteers mustered bravely, and several who had not been enrolled asked permission to join the regiment. When the different companies were assembled and waiting for the order to march, there were many sad partings — partings which, for aught they knew, might be for ever ; but when the bugle sounded, they set out with cheerful alacrity, those left behind watching their departure with dim eyes and beating hearts. The Roxburgh volunteers marched to Kelso, and the cavalry had advanced to Duns when they were informed that it was a false alarm, and that no foreign foe had as yet dared to plant a foot on our shores. Shortly after the beacon was lighted at Hume castle, it was dis- covered that the sentinel had mistaken the burning of charcoal at Shorcswood Priory for a lighted beacon, but it was too late to stop the alarming blaze. Fortunately the watch at St Abb's Head had all his wits about him, and con- sidering that if there had been an actual invasion the alarm would have come from the coast and not from the inland stations, he did not light his beacon, and thus saved the Lothians and the north of Scotland from being roused. The commotion caused by the false alarm was not altogether fruitless, for it proved that the volunteers of the Borders were ' men of mettle true,' whose stout hearts and willing hands were to be depended on in the hour of danger. The promptitude and courage with which the call to arms was obeyed, and the perfect discipline and organisation of the different corps were well calculated to inspire confidence in the volunteer forces, on which the country was so depend- ent for her defence and safety ; for the danger was still imminent, and the threat of invasion hung like a dark cloud over the land. Napoleon had assembled a hundred and fifty thousand of his best troops on the shores of the channel, and two thousand vessels were prepared for their transport ; but the English fleet held command of the waters, and made it im- J 88 Upper Teviotdale and the Scot is of Bucclench. possible to convey them across. Napoleon is reported to have said to Admiral Treville, ' Let us be masters of the Channel for six hours, and we are masters of the world.' Could the French army effect a landing in England he felt certain of victory. In order to decoy the English fleet into distant seas, that the passage of his troops might be unobstructed, Napoleon ordered his fleet to proceed towards the West Indies, with secret instructions to return immediately. Nelson gave chase across the Atlantic, but soon discovered the stratagem, and sent his swiftest ships back in all haste to give warning of the impending danger. The warning was fortunately in time, and the French fleet found a strong squadron ready to oppose them. A naval battle ensued, the French were defeated and driven back, and the invasion for that time was prevented. The battle of Trafalgar which followed three months afterwards made it impossible for Napoleon ever to renew the attempt.* As an instance of the folly of ' counting chickens before they are hatched,' it may be mentioned that Napoleon had a die prepared for a medal which he intended should be struck in London to commemorate his conquest of England, but ' L'homme propose, et Dieu dispose! * ' History of the Nineteenth Century,' by Mackenzie, p. 40. CHAPTER XVIII. ' The generous pride of virtue Disdains to weigh too nicely the returns Her Bounty meets with. Like the liberal Gods, From her own gracious nature she bestows, Nor stoops to ask reward.' Thomson. HENRY, Duke of Bucclcuch, was succeeded by his eldest surviving son, Charles William Henry. He was born in London in 1772, and was forty years of age when he became Duke of Buccleuch and Queensberry. While Earl of Dalkeith, he entered Parliament as member for Marlborough, and was subsequently returned for Luggershall, and afterwards for St Michaels. He attended assiduously to his Parliamentary duties, and was an energetic supporter of Mr Pitt. When he be- came Duke, he gave up politics and devoted himself to the management of his estates. Recognising the responsibilities of his position, and profiting by the example of his wise and philanthropic father, he set himself with all earnestness to perform the duties devolving upon him as the owner of great estates. One of the most obvious of these was the encouragement of agriculture, in which he took a personal interest, making himself acquainted with the practical details of farming. He made many valuable experiments which were of material assistance to the farmer, and such enterprising tenants as were anxious to improve their farms, he treated in the most liberal spirit. He took great pride and pleasure in adding to the beauty of his estates by laying out extensive plantations, and many wooded hillsides and shady ravines in Teviotdale and Ettrick bear witness to the taste of Duke Charles. He also replanted large tracts of woodland in Dumfries-shire which the last Duke of Queensberry had destroyed. ' Old Q.', as the Duke was familiarly called, had ruthlessly levelled the rich woods which made the banks of the Nith one of the loveliest scenes in the south of Scotland. Nor did he hesitate to bring the woodman's axe to do its destructive work on the banks of the classic Tweed. Deaf to all remonstrance, Old O. cut down hundreds of fine old trees, which had 390 Upper Teviotdale and the Scotts of Buccleuch. withstood the storms of centuries, and were the glory and pride of the district, leaving the braes around Neidpath castle bare and desolate. Wordsworth, who visited Tweeddale in 1807, was so indignant at this wanton destruction, that, with a severity rarely manifested by the gentle poet, he denounced the perpetrator of such havoc in these lines — ' Degenerate Douglas ! Oh the unworthy Lord Whom mere despite of heart could so far please, And love of havoc (for with such disease Fame taxes him) that he could send forth word To level with the dust a noble horde — A brotherhood of venerable trees. Leaving an ancient dome, and towers like these Beggared and outraged ! ' Another poem, supposed to be from the pen of Burns, was written on a window shutter of a small inn in Nithsdale, and is equally severe on him who had denuded the banks of the Nith of its lovely overhanging woods. The genius of the stream is supposed to appear to the poet, in the midst of the desolation, and says — ' There was a time, it's nae langsyne, Ye might hae seen me in my pride ; When a' my banks sae bravely saw Their woody pictures in my tide When hanging beech and spreading elm Shaded my stream sae clear and cool ; And stately oaks their twisted arms Threw broad and dark across the pool. ' When, glinting through the trees, appeared The wee white cot aboon the mill, And peacefu' rose its ingle reek, That slowly curling clamb the hill. But now the cot is bare and cauld, Its branchy shelter's lost and gane, And scarce a stinted birk is left To shiver in the blast its lane. ' " Alas ! " said I, " what ruefu' chance Has twin'd ye o' your stately trees ? Has laid your rocky bosom bare ? Has stript the cleading aff your braes ? Upper Teviotdale and the Scotts of Buccleuch. 391 ' Was it the bitter eastern blast, That scatters blight in early spring ? Or was't the wil'fire, scorched their boughs Or, canker-worm wi' secret sting?" ' " Nae eastlin blast," the sprite replied ; " It blaws na here sa fierce and fell ; And on my dry and halesome banks Na canker-worms get leave to dwell Man ! cruel man ! " the genius sigh'd, As through the cliffs he sank him down — " The worm that knaw'd my bonnie trees, That reptile wears a Ducal crown." ' Indifferent alike to criticism and remonstrance, the Duke of Queensberry cleared the woods, with the remorseless energy of a settler in the primeval forests of the Far West. This wholesale destruction had no pecuniary considerations to justify it, for ' Old Q.' was enormously wealthy; his sole reason is believed to have been a wish to annoy his heir, the Duke of Buccleuch, against whom he had some grudge. Death at last put an end to this mischievous havoc, happily before the magnificent trees with which Drumlanrig castle is surrounded were cut down. Some splendid old oaks, supposed to heve been planted in the 14th cen- tury, were condemned to the axe ; but the ' degenerate Douglas,' who would have sacrificed them to gratify his spleen, was gathered to his fathers before his order was executed, and the oaks were saved. To restore the woods to their pristine splendour was impossible, but all that the hand of man could do to clothe the naked slopes, was done. Time alone could replace, with fresh growth, the um- brageous forest glades. During the seventy odd years which had elapsed since the death of the Duke of Queensberry, the woods of Drumlanrig, had begun to assume much of their old beauty, when, in 1884, thousands of trees were torn up by the roots and thrown down by a terrible storm which swept over the country and committed even greater havoc than the axe of ' Old Q.' The same motive which made the Duke of Queensberry cut down all the timber on his estates, caused him to allow Drumlanrig castle to fall into an almost ruinous state of dilapidation. For years he could not be persuaded to spend a penny on repairs, and he took a positive pleasure in leaking roofs, broken windows, cracked ceilings, and the general progress of decay. Conse- quently, when it came into the possession of the Buccleuch family, it was almost 392 Upper Teviotdale and the Scott s of Buccleuch. uninhabitable. Duke Charles put the castle into a thorough state of repair, and it cost him no less than .£60,000 to make it wind and water tight. He spent altogether on the Queensberry estates eight times as much as he received from them during the whole term of his occupancy. Some of the repairs and improvements on the Drumlanfig property are de- scribed by Sir Walter Scott in a letter to ' Joanna Baillie.' ' I was for a fortnight at Drumlanrig, a grand old chateau, which has de- scended, by the death of the late Duke of Queensberry, to the Duke of Buccleuch. It is really a most magnificent pile, and when embosomed amid the wide forest scenery, of which I have an infantine recollection, must have been very romantic. But old Q. made wild devastation among the noble trees, although some fine ones are still left, and a quantity of young shoots are, in despite of the want of every kind of attention, rushing up to supply the place of the fathers of the forest, from whose stems they are springing. It will now, I trust, be in better hands, for the reparation of the castle goes hand in hand with the rebuilding of all the cottages, in which an aged race of pensioners of Duke Charles and his pious wife, " Kitty, blooming, young, and gay," * have, during the last reign, been pining into rheumatisms and agues in neglected poverty. All this is beautiful to witness ; the indoor work does not please me so well. Thus a noble gallery, which ran the whole length of the front, is converted into bedrooms — very comfortable indeed, but not quite so magnificent ; and as grim a dungeon as ever knave or honest man was confined in, is in some danger of being humbled into a wine-cellar. It is almost impossible to draw your breath when you recollect that this, so many feet under ground, and totally bereft of air and light, was built for the imprisonment of human beings, whether guilty, suspected, or merely unfortunate. Certainly, if our frames are not so hardy, our hearts are softer than those of our forefathers, although probably a few years of domestic war or feudal oppression would bring us back to the same case-hardening both in body and sentiment.' Though the Duke of Buccleuch spent large sums of money in improving and beautifying his various properties, his object was not the mere gratification of his taste, for he often projected extensive improvements for the sole purpose of giving work to the people. . There was great poverty and distress in the country at that * The predecessor of old Q. was Charles, Third Duke of Queensberry ; his wife was Lady Catherine Hyde, so celebrated by the poet Gay. Upper Teviotdale and the Scotts of Buccleuch. 393 time, and the poor were reduced to the direst straits owing to the scarcity of pro- visions and their consequent high price. Oatmeal, which formed the staple food of the Scotch peasantry, rose to 7s. 6d. per stone, about four times its normal price, while other provisions were proportionally high. Nor was the high price of food the only hardship. It was often difficult to procure at any price, and it happened more than once that there was not a particle of meal to be had in the town of Hawick. A gentleman used to relate an incident of his boyhood, which occurred in the ' dear year,' as it was called, when he walked no less than nine miles, and applied at four different corn mills before he could obtain half a stone of oatmeal, with which to prepare the family breakfast. In Hawick, subscriptions were collected, and public assessments made, in order to help the poor ; and the money raised in this way was laid out in oat- meal, which was sold to the people at 2s. per stone below current rates. In these calamitous seasons, the Duke exerted himself to the utmost of his power, to ameliorate the sufferings of the poor, in the different districts with which he was connected. A friend asked him on one occasion why he had not gone to London as usual in the spring. His Grace replied that he required his money for other purposes, at the same time showing him a list of day-labourers, em- ployed on different parts of his estates, whose number, exclusive of his regular staff, amounted to 945. To provide for these poor people, who would otherwise have been destitute, the Duke had denied himself the privilege of a season in town, and curtailed his expenditure in other directions. When Earl of Dalkeith, he married the Honourable Harriet Townshend, daughter of Viscount Sidney. In the introduction to the ' Lay of the Last Minstrel,' which Sir Walter Scott says was written at the request of the Duchess, she is thus described : — ' The lovely young Countess of Dalkeith, afterwards Duchess of Buccleuch, had come to the land of her husband with the desire of making herself acquainted with its traditions and customs, as well as its manners and history. All who remember this lady will agree that the intellectual character of her extreme beauty, the amenity and courtesy of her manners, the soundness of her under- standing, and her unbounded benevolence, gave more the idea of an angelic visitant than of a being belonging to this nether world ; and such a thought was but too consistent with the short space she was permitted to tarry amongst us. Of course, where all made it a pride and pleasure to gratify her wishes, she soon E EE 394 Upper Teviotdale and the Scotts of Buccleuch. heard enough of Border-lore ; among others, an aged gentleman of property near Langholm, communicated to her ladyship the story of Gilpin Horner, a tradition in which the narrator and many of that country were firm believers. The young Duchess, much delighted with the legend, and the gravity and full confidence with which it was told, enjoined on me as a task to compose a ballad on the subject. Of course, to hear was to obey ; and thus the goblin story, objected to by several critics as an excrescence upon the poem, was in fact the occasion of its being written.' A warm and true friendship existed between the Duke of Buccleuch and Sir Walter Scott, a friendship which had as little of patronage on the one side as of servility on the other. Highly as the Duke admired the genius of his brilliant clansman, he valued him still more for his strong good sense, his genial disposi- tion, and eminent social qualities, and he was a frequent and honoured guest at Drumlanrig Castle and Dalkeith House. Sir Walter Scott's correspondence furnishes ample proof of the admiration and esteem with which he regarded the chief of his name and clan, and it may be interesting to quote one or two of these letters. He had been offered the post of Poet-Laureate just about the time when his financial troubles with the Ballan- tynes began to cause him serious uneasiness, and in writing to Mr James Ballan- tyne he says — ' An odd thing has happened. I have a letter by order of the Prince Regent, offering me the Laureateship, in the most flattering terms. Were I my own man, as you call it, I would refuse this offer (with all gratitude) ; but as I am situated, £300 or £400 a-year is not to be sneezed at upon a point 01 poetical honour.' Before deciding, however, he sought the advice of the Duke of Buccleuch, and at the same time it occurred to him to ask for the help of his noble friend in his serious pecuniary difficulties.* Having explained to the Duke the position in which he stood — obliged either to procure some guarantee which would enable him to raise £4000, or to sell abruptly all his remaining interest in the copyright of his works, he added, ' I am not asking or desiring any loan from your Grace, but merely the honour of your sanction to my credit as a good man for ,£4000 ; and the motive of your Grace's interference would be sufficiently obvious to the London Shylocks, as your constant kindness and protection is no secret to the world. Will your Grace consider whether you can do what I propose in con- * Lockhart's ' Life of Sir Walter Scott,' vol. iv. p. 103. Upper Teviotdale and the Scott s of Buccleuch. 395 science and safety, and favour me with your answer ? — I have a very flattering offer from the Prince Regent, of his own free motion, to make me Poet-Laureate ; I am very much embarrassed by it. I am, on the one hand, afraid of giving offence, where no one would willingly offend, and perhaps losing an opportunity of smoothing the way to my youngsters through life ; on the other hand, the office is a ridiculous one, somehow or other — they and I should be well quizzed — yet that I should not mind. My real feeling of reluctance lies deeper — it is, that favoured as I have been by the public, I should be considered, with some justice, I fear, as engrossing a petty emolument which might do real service to some poorer brother of the Muses. I shall be most anxious to have your Grace's advice on the subject. There seems something churlish, and perhaps conceited, in repelling a favour so handsomely offered on the part of the Sovereign's repre- sentative ; and on the other hand, I feel much disposed to shake myself free of it. I should make but a bad courtier, and an ode-maker is described by Pope as a poet out of his way, or out of his senses. I will find some excuse for protracting my reply till I can have the advantage of your Grace's opinion ; and remain in the meantime very truly your obliged and grateful Walter SCOTT.' ' P.S. — I trust your Grace will not suppose me capable of making such a re- quest as the enclosed upon any idle or unnecessary speculation ; but as I stand situated, it is a matter of deep interest to me to prevent these copyrights from being disposed of either hastily or at under prices. I would have half the booksellers in London for my sureties, on a hint of a new poem ; but bankers do not like people in trade, and my brains are not ready to spin another web, so your Grace must take me under your princely care, as in the days of langsyne ; and I think I can say, upon the sincerity of an honest man, that there is not the most distant chance of your having any trouble or expense through my means.' The Duke's prompt response to this appeal justified Sir Walter Scott's con- fidence in his friendship ; the following reply was dated from — ' Drumlanrig Castle, Aug. 28, 1813. ' My DEAR Sir, — I received yesterday your letter of the 24th. I shall with pleasure comply with your request of guaranteeing the ^4000. You must, how- ever, furnish me with the form of a letter to this effect, as I am completely igno- rant of transactions of this nature. I am never willing to offer advice, but when my opinion is asked by a friend, I am ready to give it. As to the offer of His 396 Upper Teviotdale and the Scotts of Buccleuch. Royal Highness to appoint you Laureate, I shall frankly say that I should be mortified to see you hold a situation which, by the general concurrence of the world, is stamped ridiculous. There is no good reason why this should be so, but so it is. Walter Scott, Poet Laureate, ceases to be the Walter Scott of the ' Lay,' ' Marmion,' etc. Any future poem of yours would not come forward with the same probability of a successful reception. The Poet-Laureate would stick to you and your productions like a piece of court plaster. Your muse has hitherto been independent — don't put her into harness. We know how lightly she trots along when left to her natural paces, but do not try driving. I would write frankly and openly to His Royal Highness, but with respectful gratitude, for he has paid you a compliment. I would not fear to state that you had hitherto written when in poetic mood, but fear to trammel yourself with a fixed periodical exertion, and I cannot but conceive that His Royal Highness, who has much taste, will at once see the many objections which you must have to his proposal, but which you cannot write. Only think of being chaunted and recitatived by a parcel of hoarse and squeaking choristers on a birthday, for the edification of the bishops, pages, maids of honour, and gentlemen-pensioners ! Oh horrible, thrice horrible ! Yours sincerely, BUCCLEUCH.' * His Grace's letter elicited the following reply : — * Abbotsford, Sept. $th, 1813. ' My Dear Lord Duke, — Good advice is easily followed when it jumps with our own sentiments and inclinations. I no sooner found mine fortified by your Grace's opinion, than I wrote to Lord Hertford declining the laurel in the most civil way I could imagine. I also wrote to the Prince's Librarian, who had made himself active on the occasion, dilating at somewhat more length than I thought respectful to the Lord Chamberlain, my reasons for declining the intended honour. My wife has made a copy of the last letter, which I enclose for your Grace's perusal, — there is no occasion either to preserve or return it, but I am desirous you should know what I have put my apology upon, for I may reckon on its being misrepresented. I certainly should never have survived the recitative described by your Grace — it is a part of the etiquette I was quite unprepared for, and should have sunk under it. It is curious enough that Drumlanrig should always have been the refuge of bards who decline Court promotion. Gay, I think, refused to be a gentleman-usher, or some such post ; and I am determined * Lockhart's ' Life uf Scott,' vol. iv. p. 105. Upper Teviotdale and the Scotts of Buccleuch. 397 to abide by my post of Grand Ecuyer Trenchant of the Chateau, varied for that of tale-teller of an evening. ' I will send your Grace a copy of the letter of guarantee when I receive it from London. By an arrangement with Longman & Co., the great booksellers in Paternoster Row, I am about to be enabled to place their security, as well as my own, between your Grace and the possibility of hazard. But your kind readiness to forward a transaction which is of such great importance both to my fortune and comfort, can never be forgotten — although it can scarce make me more than I have always been, my dear Lord, your Grace's much obliged and truly faithful Walter Scott.' * James Hogg, the Ettrick Shepherd, found in the Duke and Duchess of Buccleuch liberal patrons and kind friends. He had been brought under their notice by Sir Walter Scott, who took a warm interest in his brother bard, and was frequently the means of extricating him from the difficulties in which he seemed to be always involved. But the greatest service he rendered him was when he succeeded in interesting his noble friends in his behalf, for the Duke and Duchess became the most generous benefactors to the shepherd poet, and treated him with unfailing kindness and consideration. The Duchess especially was warmly inte- rested in him. While Countess of Dalkeith, Hogg having sent her, through Sir Walter Scott, a presentation copy of his ' Forest Minstrelsy,' she made him a gift of a hundred guineas. This was followed in 1814 by a more valuable and permanent benefit. Hogg was living in Edinburgh, where he had been for five years, feeling sadly out of his element, and longing grievously for a home in his native forest, when he was surprised to receive a letter from Charles, Duke of Buccleuch, giving him, unasked, a lease of the farm of Altrive at a nominal rent. This was so unex- pected, and so exactly what he had been hopelessly longing for, that the heart of the Ettrick Shepherd was filled with gratitude and joy. The little farm lay just between the Ettrick and Yarrow, among the scenes he loved best in the world. This well-timed and appropriate gift, which enabled Hogg to spend the remainder of his life in peace and comfort among his native hills, he owed to the thoughtful kindness of the Duchess. By the early death of this lady, Hogg lost a generous friend, but she bequeathed her interest in him to her noble husband, who, to use his own words, ' considered this poor man's case as her legacy.' * Lockhart's 'Life of Scott,' vol. iv. p. III. 398 Upper Teviotdale and the Scotts of Buccleuch. A pleasing though unimportant ceremony, which took place under the auspices of the Duke, is worthy of being recorded, not from any particular significance attending it, but because both Sir Walter Scott and the Ettrick Shepherd have made it the subject of an ode. This was the feudal ceremony of unfurling the ancient banner of Buccleuch, which was made the occasion of a great football match.* For ages the Scotts had rallied round the old banner at the summons of their chief, and followed it through many a hard fought field, but it had never waved over the grim strife of battle since Francis, Earl of Buccleuch, unfurled it in the cause of the Covenant a century and a half before. The warning blaze which told of English invasion was no longer flashed from height to height along the Borders. Liddesdale was no longer inhabited by a race who acted upon ' the good old rule,' ' that they should take who have the power,' and supplied their wants by the simple plan of appropriation. And as if to point the contrast between the old times and the new, the ancient feudal ceremony was performed amid peaceful sports, and a friendly, though perhaps rough, struggle for victory in a game of football. The scene of the day's sports was the plain of Carterhaugh, near the junction of the Ettrick and Yarrow, and at no great distance from where — ' Newark's stately tower Looks out from Yarrow's birchen bower : Whose ponderous grate and massy bar Had oft roll'd back the tide of war.' The match was played between the men of the Vale of Yarrow and the ' Souters of Selkirk.' The Yarrow lads wore a sprig of heather as their badge, and the ' souters' were distinguished by a twig of fir. The Duke, with his family and a large party of the nobility and gentry of the district, were present, and thousands of spectators assembled from the neighbouring towns and the sur- rounding country districts. The banner, emblazoned with armorial bearings and with the word ' Bellen- daine,' the ancient gathering cry of the Scotts, was handed by Lady Anne Scott to Master Walter Scott, younger of Abbotsford, and was unfurled amid ringing cheers. The sports were begun by the Duke himself, who threw up the first ball, * 5th December 181 5. Upper Teviotdale and the Scotts of Buccleuch. 399 and an animated contest followed. Both Sir Walter Scott and the Ettrick Shep- herd took part in the game, and, as before stated, they each made it the subject of a poem. These poems, from which we give short extracts, will be found in the works of their respective authors. Hogg's muse takes a retrospective view, and he apostrophises the Banner, thus — ' And hast thou here, like hermit grey, Thy mystic characters unrolled O'er peaceful revellers to play, Thou emblem of the days of old ? Or comest thou with the veteran's smile, Who deems his day of conquest fled, Yet loves to view the bloodless toil Of sons whose sires he often led? ' I love thee for the olden day, The iron age of hardihood — The rather that thou led'st the way To peace and joy through paths of blood ; For were it not the deeds of weir, When thou wert foremost in the fray, We had not been assembled here, Rejoicing in a Father's sway. ' Then hail ! memorial of the brave, The Liegeman's pride, the Border's awe ! May thy grey pennon never wave On sterner field than Carterhaugh ! ' Sir Walter Scott gives in his flowing verse, an animated description of the day's proceedings. 1 From the brown crest of Newark its summons extending, Our signal is waving in smoke and in flame ; And each Forester blithe, from his mountain descending, Bounds light o'er the heather to join in the game. Chorus — ' Then up with the Banner, let forest winds fan her, She has blazed over Ettrick eight ages and more ; In sport we'll attend her, in battle defend her, With heart and with hand, like our fathers before. 400 Upper Teviotdale and the Scotts of Buccleuch. ' When the Southern invader spread waste and disorder, At the glance of the crescents he paused and withdrew, For around them were marshall'd the pride of the Border, The Flowers of the Forest, the bands of Buccleuch. Then up with the Banner, etc. ' A stripling's weak hand to our revel has borne her, No mail-glove has grasp'd her, no spearmen surround . But ere a bold foeman should scathe or should scorn her, A thousand true hearts would be cold on the ground. Then up with the Banner, etc. ' Then strip, lads, and to it, though sharp be the weather, And if, by mischance, you should happen to fall, There are worse things in life than a tumble on heather, And life is itself but a game of football. Then up with the Banner,' etc. The life of Charles, Duke of Buccleuch, exhibits few salient points such as might form the subject of an entertaining biography. His virtues were of that calm unobtrusive sort which shrinks from notoriety, and his life was passed in peaceful retirement. Apart from all distraction and excitement he found his greatest happiness and his most congenial occupation in attending to the business of his estate, in promoting the interest of the farmer, and improving the condition of the poor. His health, never robust, received a severe shock by the death of the Duchess which took place in 1814. Her amiable qualities endeared her to all who had the privilege of knowing her, and her generous disposition led her to take a warm interest in all her husband's philanthropic schemes, and her death was a great loss to her family and friends. The Duke never recovered the shock, and his health visibly declined from that time. In 181S the disease to which he eventually succumbed was making rapid progress, and Sir Walter Scott, who visited him at Drumlanrig, was seriously alarmed by his altered appearance. He communicated his fears to the Duke's brother, Lord Montagu, and recommended a change of climate. He wrote — ' I feel I am communicating much pain to your Lordship, but I am sure that, excepting yourself, there is not a man in the world whose sorrow and apprehen- sion could exceed mine in having such a task to perform ; for, as your Lordship well knows, the ties which bind me to your excellent brother are of a much Upper Teviotdale and the Scotts of Buccleuch. 40 1 stronger kind than usually connect persons so different in rank. But the altera- tion in voice and person, in features and in spirits, all argue the decay of natural strength, and the increase of some internal disorder. Much has been done in these cases by a change of climate. I hinted this to the Duke at Drumlanrig, but I found his mind totally averse to it. Your Lordship can judge whether he can or ought to be pressed upon the point. He is partial to Scotland, and feels the many high duties that bind him to it, but the air of this country, with its alternations of moisture and dry frost, though excellent for a healthy person, is very trying to a valetudinarian. I should not have thought of volunteering such unpleasant news but that the family do not seem alarmed. I am not surprised at this, because, where the decay is very gradual it is more easily traced by a friend who sees the patient from interval to interval than by the affectionate eyes which are constantly beholding him. His life is invaluable to his country and to his family, and how dear to his friends can only be estimated by those who know the soundness of his understanding ; the uprightness and truth of his judgment, and the generosity and warmth of his feelings.' On the earnest persuasion of his friends the Duke was induced to go to the south of Europe for his health, and though there was a temporary improvement he derived no real benefit from the change. He died at Lisbon on the 20th of April 1819. This sad event was deeply mourned not only by his relatives and personal friends, but by a wide circle of all ranks and conditions, who had esteemed him for his private worth, or had received of his generous kindness and sympathy. The general public knew very little of his good and noble qualities, for he led a most retired life, but those who did know him admired as much as they loved him. In a paper written after the death of Duke Charles, Sir Walter Scott thus alludes to him — ' It was the unceasing labour of his life to improve to the utmost the large opportunities of doing good and benefitting mankind with which his station invested him. Others might be more missed in the resorts of splendour and of gaiety frequented by persons of distinction, but the peasant while he leans on his spade, age sinking into the grave in hopeless indigence, and youth struggling for the means of existence, will long miss the generous and powerful patron, whose aid was never asked in vain when the merit of the peti- tioner was unquestioned.' The Ettrick Shepherd, out of the fulness of his grateful heart, wrote — ' I was FFF 402 Upper Teviotdale and the Scotts of Buccleuch. a frequent guest at his Grace's table, and as he placed me always next him, I enjoyed a good share of his conversation ; and I must say of my benefactor that I have never met with any man whom I deemed his equal. It is natural to suppose I loved him and felt grateful towards him, but exclusive of all feelings of that nature, if I am any judge of mankind, Duke Charles had every qualification both of mind and heart which ought to endear a nobleman to high and low, rich and poor.' «£> Reproduced for " Upper Teviotdaj HAWICK U: AND THE SCOTTS OF BUCCLEUCH," CHAPTER XIX. ' That youth's fair open front behold His step of strength, his visage bold, And hail a genuine Scott. ' J. Marriott. ' The beacon fires that blazed of yore Have vanished from the hill ; The slogan cry is heard no more That pealed so wild and shrill. But childhood loves the tale to tell Of Border bow and brand, For memory holds the legends well Of our brave Border land.' Thomson, Walter Francis Montagu Douglas Scott was bom at Dalkeith House on the 25th of November 1806. He was the second son of the Earl of Dalkeith. After the death of his elder brother, he bore the title of Lord Whitchester, and on his father's succession to the Dukedom became Earl of Dalkeith. On the death of his father he succeeded to the honours and dignities of the head of the House of Buccleuch at the age of thirteen. Deprived thus early of the care and guid- ance of his good and wise father, the young Duke was singularly fortunate in his guardian, Lord Montagu, who was most solicitous that his young charge should be educated in such a manner as to fit him for a just and beneficent discharge of the duties of his high station. Sir Walter Scott also took a deep interest in the young chief, to whom he had transferred the loyalty and affection he had felt for his late father. In a letter to Lord Montagu, relating chiefly to electioneering matters, he writes — ' I hope my dear young namesake and chief will not find his influence abated while he is unable to head it himself. It is but little I can do, but it shall always be done with a good will, for I owe much more to his father's memory than I can ever pay a tittle of.' The young Duke was sent to Eton, but his delicate health having caused some anxiety to his friends, he was temporarily removed from school. With refer- ence to this Sir Walter Scott wrote to his guardian — ' I am sorry there should be occasion for caution in the case of little Duke Walter, but it is most lucky that the necessity is early and closely attended to. How many actual valetudinarians 404 Upper Teviotdale and the Scotts of Buccleuch. have outlived all their robust contemporaries, and attained the utmost verge of human life, without ever having enjoyed what is usually called high health. This is taking the worst view of the case, and supposing the constitution habitually delicate. But how often has the strongest and best confirmed health succeeded to a delicate childhood, and such, I trust, will be the Duke's case. I cannot help thinking that this temporary recess from Eton may be made subservient to Walter's improvement in general literature, and particularly in historical know- ledge. The habit of reading useful, and at the same time entertaining books of history, is often acquired during the retirement which delicate health imposes on us.' ' Though classical learning be the Shibboleth by which we judge, generally speaking, of the proficiency of the youthful scholar, yet when this has been too exclusively and pedantically impressed on his mind as the one thing needful, he very often finds he has entirely a new course of study to commence just at the time when life is opening all its busy or gay scenes before him, and when study of any kind becomes irksome.' ' I think Walter has naturally some turn for history, and would be disposed to read as much as could be wished in that most useful line of knowledge ; for in the eminent situation he is destined to by his birth, acquaintance with the history and institutions of his country, and her rela- tive position with respect to others, is a sine qua no7i to his discharging its duties with propriety.'* The beneficial effects of a study of history in forming the ideas and ripening the judgment of the student, was a favourite theory of the great Novelist, and he lost no opportunity of pointing out its importance to those who had the charge of the young Duke's education. Lord Montagu had written informing him that he had placed his nephew under the charge of Mr Blackney, an old friend and fellow student of his own, and in reply Sir Walter Scott observed— ' I am delighted that you have got such a tutor for Walter as entirely satisfies a person so well acquainted with mankind as your Lordship.' ' I think it is an argument of your friend's good sense and judgment that he thinks a knowledge of domestic history essential to his pupil. It is in fact the accomplishment which of all others comes most home to the business and breast of a public man, and the Duke of Buccleuch can never be regarded as a private one. Besides, it has in a singular degree the tendency to ripen men's judgment upon the wild political speculations now current.' - }" * ' Life of Sir Walter Scott,' vol. vi. p. 323. t &• vol. vii. p. 152. Upper Teviotdale and the Scotts of Buccleuch. 405 On another occasion he wrote to Lord Montagu — ' I agree entirely with your Lordship's idea of leaving the young chief to have the grace of forming his own ideas on many points, contenting yourself with giving him such principles as may enable him to judge rightly. I believe more youths of high expectation have bolted from the course, merely because well- meaning friends had taken too much care to rope it in, than from any other rea- son whatever. There is in youth a feeling of independence, a desire, in short, of being 'their own master, and enjoying their own free agency, which is not always attended to by parents and guardians, and hence the best laid schemes fail in execution from being a little too prominently brought forward. I trust that Walter with the good sense which he seems to possess, will never lose that most amiable characteristic of his father's family, the love and affection which all the members of it have for two generations borne to each other, and which has made them patterns as well as blessings to the country they lived in. I have few happier days to look forward to (and yet, like all the happiness that comes to grey-headed men, it will have a touch of sorrow in it) than that in which he shall assume his high situation with the resolution which I am sure he will have, to be a good friend to the country in which he has so large a stake, and to the multi- tudes which must depend upon him for protection, countenance, and bread.'* It is pleasing to think that the fond hopes centred in the young Chief of Buccleuch were fully realized. As a youth his quiet unassuming demeanour was remarkable in one so prominently brought forward. And as he grew older it was seen that he united in a singular degree the amiable qualities and practical good sense of his father and grandfather. Far from showing any disposition to ' bolt from the course,' the ruling principle of his life seemed to be to do his duty. Not in the easy careless fashion which satisfies the consciences of too many of us, but with a deep sense of the responsibilities of his position, he devoted himself to promote the best interests of all who were in any way dependent on him. When only sixteen years of age he had the honour of entertaining his Majesty, King George the Fourth, who stayed a fortnight at Dalkeith house. This was the first time a reigning Sovereign of the Hanoverian dynasty had visited Scotland, and the occasion was one of great rejoicing. People flocked to Edinburgh from all parts of the country to see the King, or participate in the * ' Life of Sir Walter Scott,' vol. vii. p. 14. 406 Upper Teviotdale and the Scotts of Buccleuch. loyal demonstrations which attended his appearance in public. His visit was one round of magnificent festivities, from the time he landed at Leith, and was escorted in splendid triumphal procession to Dalkeith house, till he left, when every part of the road from Dalkeith to Edinburgh was brilliantly illuminated. The Duke of Buccleuch entertained his royal guest with princely hospitality, and the King was greatly charmed with his youthful host, treating him with fatherly familiarity, slapping him playfully on the back as he sent him on some little message, or exclaiming when liquor was offered to the Duke after dinner, ' No, no, it is too strong for His Grace to drink.' In commemoration of his visit to Dalkeith, the King presented a full length portrait of himself to the Duke. It was painted by Sir David Wilkie, and represented his Majesty in Highland costume. An incident connected with the Royal visit is worthy of notice as an instance of the enterprise of a Hawick stocking-maker. An ingenious and expert work- man, Matthew Lyon, had invented some improvement in frame work, for which he received a prize of £40 from the Board of Trustees for the encouragement of manufactures in Scotland. During the French war, when trade was dull and work scarce, Lyon supported himself by making cloaks and different articles of attire, which he sold as opportunity offered, the Duchess of Buccleuch being one of his customers. The idea occurred to him to execute a larger and handsomer piece of work than had hitherto been attempted on the stocking-frame, which was to make a cloak for the Duke of York, should his Highness honour him with an order. This preliminary being satisfactorily arranged, through the Duke of Buccleuch, Lyon set to work in his little stocking-shop, near Hawick mill, and in due time produced a handsome garment made of fine lambs wool, woven in a richly coloured tartan pattern, which before being sent to its destination, was exhibited in the Town hall. The Duke of York was much pleased with the product of Matthew's skill, and sent an order for another of a different colour, along with a cheque for the price. Having succeeded so well in this speculation he resolved to make a cloak for the King himself, whose visit to Scotland was then talked about. He produced a magnificent garment, woven of blue silk, fleeced with scarlet wool, which was pronounced a right royal robe. The cloak was presented to the King at Dalkeith house, and Lyon, standing behind a folding door, had the pleasure and gratification of beholding his Sovereign, with the product of his handiwork on his shoulders, turning round before a mirror and Upper Teviotdale and the Scotts of Buccleuch. 407 laughing heartily at his gorgeous array. It was liberally paid for, and Lyon received further orders ; but his satisfaction with the financial success of his enterprise was exceeded by the pleasure he felt at having a long conversation with Sir Robert Peel — the minister in attendance on his Majesty — who, finding him to be an intelligent man, asked a number of questions concerning the social condition of his fellow-workmen, their wages, and such like, and even drew him on to give his opinions on the great political questions of the day. Shortly before the King's visit to Scotland, Sir Walter Scott was employed in superintending the repairs on the ruins of Melrose Abbey. Until within the last sixty years or so, little respect was paid to old ruins, which were merely regarded as convenient accumulations of hewn stones, to be profitably utilised in any building operations going on in their vicinity, and many beautiful build- ings of great historical interest have been ruthlessly demolished for the sake of the materials. But now a great change has come over the public taste in this respect, and such relics as the ravages of time and the vandalism of our grand- fathers have spared are guarded with scrupulous care, and every means which can be used to arrest the progress of decay is employed to preserve them in all their picturesque beauty. No man has done more than Sir Walter Scott to educate the public taste to perceive the beauties of these relics of a bygone age, and his exquisite description of Melrose Abbey by moonlight, has brought thousands from all parts of the world to look on — ' The ruins grey.' It pained Sir Walter to observe the havoc the frosts and storms were making upon all that remained of ' St David's ruined pile,' and he had frequently directed the attention of Duke Charles, and different members of the family to the state of the Abbey without anything being done ; and seeing how fast the interesting ruins were mouldering to decay, and that unless some means were immediately taken to preserve them, that ' poem in stone,' would soon be only a memory, he appealed to the young Duke and his guardians, which resulted in his being empowered to carry out such repairs as he thought necessary. Sir Walter entered on the work with enthusiasm, and his letters are full of allusions to its progress. Writing to Miss Edgeworth, he remarked — ' I must break off, being summoned to a conclave to examine how the progress of decay, which at present threatens to destroy the ruins of Melrose can yet be arrested. The Duke of Buccleuch, though but a boy, is very desirous to have something done, and his guardians have acquiesced in a wish so reasonable 408 Upper Teviotdale and the Scolts of Buccleuch. and creditable to the young chief. I only hope they will be liberal, for a trifle will do no good — or rather, I think any partial tampering is likely to do harm. But the Duke has an immense estate, and I hope they will remember that though a moderate sum may keep up this national monument, yet his whole income could not replace it, should it fall.' There was no attempt made at restoration ; to preserve what remained of the Abbey was all that was desired, and ample means were placed at Sir Walter's dis- posal. To Lord Montagu he wrote, — ' I am quite delighted with the commence- ment of the Melrose repairs — Please God, I will be on the roof of the old Abbey myself when the scaffolding is up. When I was a boy I could climb like a wild cat, and entire affection to the work in hand, must on this occasion counterbalance the disadvantages of increased weight and stiffened limbs.' * The work was at length completed to the entire satisfaction of the Poet, and in such a manner as to preserve the beautiful and classic ruin for ages to come. The Duke, who studied at Cambridge, and took his degree as Master of Arts, is thus described by Sir Walter Scott when at the age of twenty ; — 'The Duke has grown up into a graceful and apparently strong young man. I think he will be well qualified to sustain his difficult and important task. His heart is excellent, so are his talents, — good sense and knowledge of the world picked up at one of the great English schools (and it is one of their most important results), will prevent him from being deceived ; and with perfect good-nature, he has a natural sense of his own situation, which will keep him from associating with unworthy companions. God bless him ! his father and I loved each other well, and his beautiful mother had as much of the angel as is permitted to walk this earth.' I trust this young nobleman will be ' A hedge about his friends, A heckle to his foes.' I would have him not quite so soft-hearted, as his grandfather whose kindness sometimes mastered his excellent understanding. His father had a temper which better jumped with my humour. Enough of ill-nature, to keep your good-nature from being abused, is no bad ingredient in their disposition who have favours to bestow.' t Preparations on a magnificent scale were made to celebrate the majority of the Duke, when the death of his grandmother, the Duchess Elizabeth cast a gloom * Lockhart's ' Life of Scott,' vol. vii. p. 38. t /*. vol. viii. p. 392. Upper Teviotdale and the Scotts of Buccleiich. 409 over the festivities. Her large-hearted benevolence and unfailing sympathy with poverty and distress, made her name loved and revered ; and her death was mourned in hundreds of homes which her kindness and bounty had cheered and brightened. In consequence of this bereavement the celebration was divested of its joyous character, but it could not check the popular enthusiasm which was manifested in Teviotdale and Dumfriesshire by bonfires, illuminations, and other demonstrations of rejoicing. In Hawick the occasion was celebrated in a manner suggestive of the rough yet bountiful hospitality for which Branxholme was famed in the olden times. A huge fire was lighted in the market-place, and an ox was roasted whole on a great spit. There are still alive those who, as youngsters, watched the gigantic roast revolving before the glowing fire. The cooking was superintended by Tarn Robson, a well-known townsman, and when the process was completed or had reached as near an approximation to that state as Tarn deemed necessary, the ox was hoisted to a platform where it was cut up, and distributed to the poor along with loaves of bread and flagons of nut brown ale. The Duke did not take formal possession of his heritage till the following autumn, when he was entertained by the gentlemen of Dumfries and Galloway to a sumptuous congratulatory banquet. His Grace was supported on his right hand by his illustrious clansman, Sir Walter Scott, who, with anxious solicitude, had watched him grow from childhood to youth, and from youth to manhood, and who now evinced a fatherly pride and pleasure in the young chief who seemed to realise his fondest hopes. He spoke with deep feeling of Duke Henry, to whom he owed the first encouragement in his literary career — of Duke Charles his dear friend, and of him 'whom we are now placing in his father's chair,' — he said, 'I know him better than he knows himself, and I speak with confidence when I predict of him, that he will be found foremost to support every good measure. That he will take the lead of our generous youth in every noble and manly exercise, and will lead them too, should occasion require it, in opposing the enemies of his country.' The Duke's modest yet manly replies to this and other speeches, impressed all with the conviction that the career on which he was just entering would be an honourable and useful one. The Duke took his seat in the House of Lords as Earl of Doncaster, his Parliamentary title. In 1829 he was married to Lady Charlotte Anne Thynne, daughter of the Marquis of Bath. GGG 410 Upper Teviotdale and the Scott s of Buccleuch. In 1839 when the Duke returned from a lengthened sojourn on the Continent he was welcomed by his friends and tenantry at a great banquet, held at Branx- holme. A pavilion was erected on the castle green in the form of an old baronial hall. The chair was occupied by Mr Grieve of Branxholme Braes, one of the Duke's tenants, whose farm was in close proximity to Branxholme, and whose ancestors had lived under the shadow of its walls for three hundred years. In his speech Mr Grieve spoke of the Duke's liberality and public spirit, and of the peculiar regard in which he was held by his tenantry, ' who,' he said, ' enjoy better opportunities of appreciating his worth and private virtues, and are bound to acknowledge his unceasing kindness and liberality. The old ash tree near which we are seated, must have witnessed many generations of the noble House of Buccleuch, in those times when numerous bands of retainers were ready to shed their life blood at the summons of their chief, but we live in happier and more peaceful times, and we are not called upon to show our attachment to the family by sharing the dangers and the glories of the battlefield. ' No longer steel clad warriors ride, By Teviot's wild and willowed shore.' ' Instead of the ancient banner of Buccleuch, the Union Flag now floats over Branxholme Tower, and we have the distinguished honour of seeing at the same festive board, the Bold Buccleuch and the gallant Graham, no longer mixing in the bloody strife of a Border foray, but cultivating the arts of peace, improving their estates, and diffusing happiness and contentment around the hearths of their tenantry. But, however distinguished the ancient possessors of Branxholme might be in feats of arms, I am sure that we as tenants can say that its oldest tower could never boast a better landlord than the present' His Grace replied in a tone of deep and earnest feeling ; dwelling on his con- ception of the duties of a great land owner he said. ' Where much is given, much shall be required. That I feel is my case. Providence has blessed me with much, and providence will require much at my hands. What has been entrusted to me has not been given that it might be wasted in idle or frivolous amusements ; nor would I be justified in wasting the hard earnings of the tillers of the soil by carry- ing them away and spending them in foreign countries, but I wish to see them employed as the means of producing good to them and to the country at large.' After dinner speeches are not generally understood to carry much weight ; but Upper Teviotdale and the Scotts of Buccleuch. 4 1 1 the Duke's remarks were not a string of meaningless platitudes ; they embodied his heartfelt convictions. Nor was it an empty promise when he said — ' You will find that this meeting will only prove a stimulus to greater exertions on my part. . . . You will find me ready to promote every scheme that is for the benefit of the country. Should I err, do not impute it to any intentional omission ; it may be an error of judgment, it will not be an error of intention.' This pledge was nobly fulfilled. The rural population on his estates were naturally his first care, and besides attending to their spiritual wants, he made it his business to see that the means of educating their children were placed within their reach ; and he built churches and schools in outlying districts, wherever they appeared necessary or desirable. He exercised an almost patriarchal care over the aged and poor, and gifts of clothing, coals, etc., which were dispensed with dis- criminating liberality, helped to soften the rigours of winter to many poor families. All who served him, with ordinary faithfulness, were never allowed to want, and when old age overtook them they were provided for, during theremainderof theirlives. The working of the Wanlockhead lead mines was a striking example of the Duke's consideration for his work people. These mines, which are on the Queens- berry estate, had long ceased to be remunerative ; in fact, were worked at a considerable loss, and his Grace was again and again advised to shut them up, but his invariable answer was, ' I cannot do it,' ' What would become of the poor people of the village if I did ? ' The Duke was a true philanthropist, and was a liberal promoter of every scheme for the diffusion of knowledge, or the improvement of the circumstances of the working classes. He was one of the founders of the Association for pro- moting improvement in the dwellings and domestic condition of agricultural labourers of Scotland, and his address as President of the British Association at Dundee, was full of suggestions for social reform. He was also a Patron and active promoter of every organisation for the advancement of science and the encouragement of art and industry. He was President of the Architectural Society of Scotland ; Vice-President of the Royal Institution for the encourage- ment of the Fine Arts, was a leading member of the Board of Trustees for manu- factures, and of a host of similar Institutions. The public spirit and enterprise of his Grace was conspicuously shown in the building of Granton harbour, the largest undertaking ever carried out by a private individual in Scotland. 412 Upper Teviotdale and the Scotts of Buccleuch. Great inconvenience was felt by those interested in navigation through the want of a harbour on the east coast, which could be entered by vessels at all states of the tide. The suggestion to erect a pier which would allow the largest ships to be run up alongside, commended itself to the Duke's favourable consideration, and Messrs Robert Stevenson & Sons, were employed to examine and report upon the proposed works. Being thoroughly satisfied as to the practicability and usefulness of the undertaking, operations were forthwith commenced. It was a gigantic enterprise, and the cost must have exceeded half a million. It was begun in 1835, and three years afterwards the pier was so far advanced as to admit of its being opened with great festivities on the day of the Queen's Corona- tion ; and the harbour, with its breakwaters and other works, form as complete and commodious a seaport as any on the coast of Scotland. The encouragement of the different branches of agriculture, which may be regarded as the legitimate business of an extensive landowner, occupied the attention of his Grace from the time he entered into possession of his estates. He became a member of the Highland and Agricultural Society, and took great interest in its affairs, frequently giving prizes for different classes of stock at the annual shows held by the Society. In recognition of his valuable services he was elected President in 1831 — and again in 1866 the same honour was conferred upon him. Believing strongly in the value of competition for stimulating farmers to improve the quality of their live stock, he was a liberal patron and promoter of many local agricultural associations, and the medals and premiums given by him were keenly contested and highly prized. He was'himself a thoroughly practical farmer, and had acquired a considerable reputation as a breeder of stock, the Drumlanrig herd of Galloways having a wide celebrity, and almost invariably carried off first honours at the shows ; and the Ayrshires from the same farm were by general consent pronounced ' bad to beat.' The Duke's estates were always managed with generous liberality, and the farm houses, steadings, and cottages constructed in the most substantial and commodious manner ; and, in all the relations between landlord and tenant, he was most considerate and just. He particularly disliked changes among his tenantry. Many of his farms had been in the hands of the same family for generations, and it was always his anxious wish that the line of succession should be prolonged. The usual practice, when a lease expired, was to offer a renewal Upper Teviotdale and the Scott s of But clench. 413 of it at a fair valuation ; thus, a tenant having a reasonable security that his occupancy would be permanent, had some inducement to carry out improvements, while at the same time feeling sure that his landlord would take no unfair ad- vantage. Though a strict preserver of game the Duke was too just to do so regardless of the interests of his tenantry, to whom it was never a grievance. An eloquent tribute to the Duke's high character as a landlord was delivered by Mr Adam Black at a public dinner in Edinburgh in 1843, at which his Grace was chairman. Mr Black's opinion was the more disinterested, as he was the Duke's political opponent. He said — ' In our chairman we recognise one of the most zealous and successful promoters of the agriculture of our country. While he has been improving his vast estates he has been every year adding to the wealth of the kingdom, and to the comfort of the people. His has been no stinted outlay wrung from him by the importunities of husbandmen ; but his place has always been in advance of his tenantry in the march of improve- ment, and lavish in the encouragement he has afforded.' These sentences, laudatory as they are, contain nothing but the simple truth, for the Duke had earned for himself the honourable distinction of being known as ' the best landlord in Scotland.' Though in many respects Duke Walter resembled his grandfather, Duke Henry, unlike him, he took a keen interest in politics. The more active part of his political career was between the years 1842 and 1846. In February 1842 he became Lord Privy Seal in Sir Robert Peel's Ministry, an office he held till Janu- ary 1846, when he was made President of the Council. While he held office a great part of the Government business of Scotland was administered by his Grace. The question of the repeal of the Corn Laws was at that time agitating the public mind, a question of considerable difficulty to such a prominent representative of the landed interest as the Duke of Buccleuch, whose obligations to the agricultural class, personal friendships, and many other ties, bound him to the party of resist- ance ; but when the decisive moment came he threw all personal considerations aside, cast in his lot with Sir Robert Peel, and gave the whole weight of his influ- ence in support of the principles of free trade involved in the repeal of the Corn Laws. In speaking upon the subject many years afterwards, he said — ' It was a question, I felt, of such vital importance to the whole wellbeing of the country, — one not affecting one class only, but all classes, from the highest to the lowest, — that it gave me the greatest anxiety to decide what course I should take. I felt 414 Upper Teviotdale and the Scotts of Duccleuch. that the time had come when it was impossible to maintain the Corn Laws as they then were. I had then to consider the opinions which I had entertained and had expressed. I had to brave the taunts and anger of those who said I was a rene- gade, and had betrayed their interests. I had also to meet those who would freely flatter a new convert, as they would call it, and therefore it was not without much anxiety, and more than one sleepless night, that I decided that it was my duty to alter and to avow my change of opinion on the subject. ... I felt the manly course was not to desert my post in the Government of the day, but to share with others the responsibility and obloquy if there was any.' Though the Duke advocated such an eminently liberal measure, he was hereditarily a Conservative, and his early training and the whole tendency of his education was calculated to strengthen his convictions in that direction. Still his Conservatism was invariably discriminating and moderate, and his influence and advice were of the greatest value to his party. When death had levelled all political distinctions, men of all shades of opinion united in testifying that in politics as in every other aspect of his life his career was alike honourable to himself and loyal to his country. No better illustration of the feeling with which the Duke was regarded could be given than in the words of Mr Brown, one of the leading Liberals of Selkirkshire, whose remarks have all the weight of an independent and unbiased opinion. At a meeting held in Selkirk a few days after the death of the Duke, Mi- Brown paid the following graceful tribute to his memory, which though anticipat- ing events may be inserted here. ' We have met together for a political object, but our ordinary political voca- bulary in the presence of death is apt to be a little thin and insufficient, for if we could not call the late Duke of Buccleuch a liberal in the political and therefore restricted sense of the word, we have ample testimony to prove, both from rich and poor — especially the poor — that in the highest sense of the word, in the sense of his justice, gentleness, and generosity, the late Duke of Buccleuch was the most liberal of men. Talking of politics, it is worth while at the present moment to re- call the fact that the Duke of Buccleuch, as a member of the Second Administra- tion of Sir Robert Peel, gave his decided support to one of the greatest liberal measures and one of the greatest liberal triumphs of this century — the repeal of the Corn Laws. Some of you may remember these exciting times nearly fort)' years ago. There was famine in the land ; it was the year of the potatoe disease Upper Teviotdale and the Scotts of Buccletich. 4 1 5 in Ireland, the 41b. loaf was at tenpence, and everything else in proportion. The Duke of Buccleuch looked the crisis in the face, and had no hesitation as to what was his duty. Born in the ranks, and brought up after the strict manner of his forefathers, on that great occasion he left the traditions of his party and the sup- posed interests of his order to take care of themselves. At that time he wrote a letter to Sir Robert Peel, which will take its place in the history of that great movement, and will never be read without a feeling of pride by the people of Scotland. In that letter the Duke declared — " I feel it my imperative duty to my Sovereign and my Country to make every personal sacrifice. I am ready, there- fore, at the risk of any imputation that may be cast upon me, to give my decided support not only to your Administration generally, but to the passing through Parliament of a measure for the final settlement of the Corn Laws." We find the real key to the Duke's high character in the sentence — " My imperative duty to my Sovereign and my country ;" and in the face of the lawlessness which this country has recently seen, it will be difficult to find a higher motto wherewith to blazon the shield of any honest politician.' The Duke held several offices of honour and dignity under the Crown. He was a Knight of the Most Noble Order of the Garter. He was appointed Lord Lieutenant of the county of Mid-Lothian when he came of age— a dignity he held till the close of his life, along with the Lord Lieutenancy of the county of Rox- burgh. He was also Captain-General of the Royal Company of Archers, a body composed of noblemen and gentlemen, who claim to inherit all the honours and privileges of the ancient Scottish Archer-Guard. In virtue of this office he was entitled to occupy the post of Attendant on the Queen on all State occasions dur- ing her residence in Scotland ; and his official position at the Coronations of King William IV. and of Queen Victoria, was due to his connection with the Scottish Guard. In 1842, when the Queen paid her first visit to Scotland, she like her royal uncle George IV. was the guest of the Duke of Buccleuch. It had been intended that Her Majesty should occupy Holyrood Palace dur- ing her stay in Edinburgh, but a case of fever having occurred within the Palace, it was declared by the medical authorities to be unsafe for the Queen to take up her residence there. So she and the Prince Consort accepted the hospitality of the Duke, and remained a week at Dalkeith House. Her Majesty's journal alludes to her pleasant visit, and to the kindness and attention of the Buccleuch family. 4 1 6 Upper Tevioldale and the Scotts of Bttccleucli. On the day previous to her departure the Queen held a Reception at Dalkeith house, when the Duke, as Captain-General of the Queen's Body Guard in Scotland, performed an interesting feudal ceremony. Kneeling before the throne, he presented to Her Majesty 'ane pair of barbed arrows,' being the reddenda to the Sovereign by their charter. When the Royal party visited Edinburgh, the freedom of the city was con- ferred on the Prince Consort, the Duke of Buccleuch, the Earl of Aberdeen, and Sir Robert Peel. The Duke's burgess ticket bears to have been given, 'in testimony of the sense entertained by the council of the virtues which adorn his high rank, the patriotic improvements he has accomplished, and the manner in which his Grace has discharged the duty of host to Her Majesty the Queen, on her visit to this Metropolis.' Though not a literary man in the sense of having made any personal con- tribution to English literature, the Duke did much for the encouragement of learning. When the question of enlarging the University buildings in Edin- burgh came before the public, his Grace took a great interest in the scheme, and headed the subscription list with .£2000, which he subsequently doubled on hearing that more money was required. He brought the scheme before the Prime Minister, and obtained assistance from Government, and the success of the undertaking was largely due to the Duke's indefatigable exertions. In 1837 he presented to the Bannatyne Club an edition of the ' Chartulary of Melrose,' prepared at his own expense, containing a series of ancient charters from the Eleventh to the Fourteenth century. These charters are highly interest- ing to archaeologists, and of great value to students of early Scottish history. For these and other important services the Duke had many literary distinctions conferred upon him. He was made a D.C.L. of Oxford ; an LL.D. of Cam- bridge, and the same degree was conferred upon him by the Senatus of the Edinburgh University; and in 1878 he was unanimously elected Chancellor of the University of Glasgow. The generous and liberal disposition of the Duke is best illustrated by his numerous gifts and favours to the towns and villages situated near his various family seats. Dalkeith being in close proximity to his birthplace and principal residence was, perhaps, the town with which he was most intimately connected. From childhood, his Grace was well-known to the people of Dalkeith, and the arrival of the Ducal family was always a welcome event to the townspeople. Upper Teviotdale and the Scotts of Buccleuch. 4 17 The lovely gardens and fine park were no terra incognita to the public. Twice a-week the gates were opened to all who chose to enter, and it was their own fault if every terrace and flower-bed, every lawn, avenue, and bosky dell, were not as well known to the poorest in Dalkeith as to the Duke himself. The townspeople have many pleasant reminiscences of gala days, when the county militia were reviewed, or some cricket match played within the park, and all were freely admitted and welcomed ; for nothing gave greater pleasure to the genial spirit of the Duke, than to contribute to the enjoyment of his humbler neighbours. Fond of all kinds of manly sport himself, the cricket, curling, and bowling clubs of Dalkeith received his heartiest support. Of more substantial benefits the Duke was unsparing. The Parish church which was founded by David the First, in the twelfth century, was almost rebuilt by his Grace, at a cost of .£6000. He also defrayed the greater part of the expense of building the West Parish Church, and contributed largely towards the building of a manse. A beautiful little Episcopal Chapel, within the park, was erected and maintained by him, and is largely taken advantage of by the Episcopalians of the district. He was equally liberal in the cause of education, and till the Education Act came into operation, the schools in Dalkeith received substantial support ; and even after that, he continued to maintain the Episcopal and Infant schools. He erected a commodious Hospital at his own expense, and such undertakings as the building of a Corn Exchange received material assist- ance from him. Thornhill, which is near Drumlanrig castle, owes its existence to the Buccleuch family, and five hundred of its inhabitants were constantly in his Grace's employment. It is a prosperous, pleasant looking village ; its houses are well built and comfortable, and its wide streets and roadways planted with trees give it quite a continental aspect. The inhabitants of Selkirk and Lang- holm, especially the poor, have had some experience of the Duke's goodness and generosity, but no community has received more numerous or greater favours from him than the ' Auld Town o' Hawick.' From a small primitive country town, Hawick has expanded into one of the busiest centres of industry in the south of Scotland. Previous to the intro- duction of the hosiery trade its whole adult population only numbered about twelve hundred. Being an inland town, and having little communication with the outside world, the simplicity of manners and mode of life, which had pre- HHH 4 i 8 Upper Teviotdale and the Scotts of Bucclench. vailed for a couple of centuries, was little disturbed by the importation of new ideas. Its old thatched houses had undergone little change, and some of the shops were still in the dark pends, whose arches had probably been reared before the battle of Flodden. Many of these had doors opening in two halves, the upper part standing open all day to admit light and air, the lower half being a convenient support on which the shopkeeper might lean half-in and half-out, and in the intervals of business, note all that passed in the street and enjoy a little social intercourse with his neighbours. The development of the hosiery trade after its first introduction was slow, but gradual. It had the effect of drawing the rural population into the town, necessitating increased house accommodation, and as the town extended the enterprise of the inhabitants was stimulated to carry out various improvements. The churchyard which had previously been a public thoroughfare was enclosed with a wall. The streets, in which utter darkness prevailed after nightfall, were illumined by some sixty oil lamps ; the roadways and pavements received some degree of attention, and a supply of water was brought into the town. When Walter, Duke of Buccleuch, succeeded to the family estates, the trade of the town was still in its infancy. Steam-power was beginning to be applied to manufacturing, but its use was unknown in Hawick, and could scarcely have been made available in a town whose chief supply of coal was brought on the backs of ponies. At this time the carpet-weaving and inkle manufacture had both been discontinued, and the trade of the town was almost confined to card- ing and spinning yarn and making stockings. About 12,000 stones of wool were annually made into yarn, and somewhere about 300,000 pairs of stockings pro- duced. The hosiery trade becoming greatly depressed, the weaving of blankets and flannels and subsequently of tweels were started. This brought the Hawick manufacturers into competition with the English makers of these goods, and obliged them to introduce the power-loom and other improved machinery into their works. The work people of Hawick, like others of their class, were extremely prejudiced against the substitution of mechanical for manual labour, and when the first spinning jennies were brought to the town, the cart in which they were conveyed was accidentally upset, and the machinery a good deal damaged ; and this was thought by many to be a special manifestation of the divine displeasure at the new fangled inventions for taking the bread out of people's mouths. Rut the introduction of steam-power was viewed more Upper Teviotdale and the Scott s of Bucclench. 419 philosophically, Providence having smoothed the way for the steam-engine in a very remarkable manner. The summer of 1826 was long remembered as the 'drouthy summer.' No rain fell from May till August, and the rivers were almost dried up. As water was the only motive-power the Hawick manufacturer had at his command, the failure of the water supply brought the works to a stand still, and threw a number of people out of employment ; and with this experience fresh in their minds, they were glad to welcome any device by which human ingenuity could prevent the recurrence of such a contingency. Steam-power was first introduced into Hawick in 1831, and after this the trade of the town rapidly increased. The chief product was tweels, a cloth very similar to that produced on the old-fashioned hand-loom, and which is now universally known as tweeds. The change of the name of the cloth was accidental, and oc- curred thus. William Watson & Sons, one of the Hawick firms, when sending a parcel of these goods to a customer in London, had written the word ' tweels ' rather indistinctly, and the London merchant read it ' tweeds.' Sir Walter Scott's writings had rendered the Tweed famous, and the merchant thinking that tweed was a very appropriate name for a material which was much used for sporting and fishing suits, at once adopted it. The name proved a decided ' hit,' and was soon universally used to designate that class of goods. The hosiery trade still flourishes in Hawick, but the manufacture of tweeds has become the leading industry, and now there are over twenty firms of tweed and hosiery manufacturers, giving employment to eight or nine thousand people, the population of the town being nearly twenty-one thousand. The workmen employed in the mills and stocking-shops are an intelligent, well-informed class of men, and are keen politicians. As in most manufacturing towns their politics are of the advanced liberal type, and they are accustomed to discuss all public questions with great warmth and energy. About the time when the Reform Bill and other great political questions were agitating the public mind, party feeling ran to great extremes. The Duke of Buccleuch. being a leading Conservative, was opposed to many of the popular movements of the day ; and it is matter of regret, but scarcely of surprise, that there sprung up a feeling of an- tagonism towards his Grace, which was entirely attributable to the fervour of poli- tical strife. The Duke was then personally a stranger to the Hawick people, and was in no way to blame for the coolness that had come between him and the old 420 Upper Teviotdale and the Scotts of Buccleuch. town, with which his fore-fathers had been so intimately associated. When they came to know him better, their relations with each other grew to be as cordial as when the Bailies bade his Grandfather welcome to ' his ain town o' Hawick.' This expression must not be understood to imply any literal proprietorship. It is rather a friendly acknowledgment of the affinity which united them to the Duke, in whom thay felt they had a kind of vested interest, and whose help might always be relied on to further any public undertaking. After the ' Disruption,' St Mary's Church was still the Parish Church of Hawick. The accommodation it afforded was quite inadequate to the require- ments of the now rapidly increasing town, and moreover it was becoming rather dilapidated, so a new church, or a thorough repair and enlargement of the old one was urgently required. The Duke took the matter into his own hand and erected a handsome and commodious edifice on a most convenient site, and handed it over to the Parish complete and ready for use. He then improved and repaired the old church, obtained for it the status of a quoad sacra, and endowed the living. He subsequently built St Cuthbert's Episcopal Chapel at a cost of £7000, and afterwards erected a parsonage and schools in connection with it. The Buccleuch schools, with ample play-ground, and the schoolmaster's house and garden adjoin- ing were a gift from his Grace to the Parish, and he also erected, at his own ex- pense a school for St Mary's Parish, and gave a site for the Industrial school. The old Parish school-house, which had become his property, he presented to the Archaeological Society for the purpose of being converted into a lecture-room and Museum. When the erection of a Corn Exchange was projected, application was made to him for a site which was freely granted, and on the day the foundation- stone was laid, he handed over the feu-charter with a subscription of .£200 towards the building fund. About the same time the Town Council approached his Grace with a proposition to remit the customs leviable by him. These customs, which yielded a revenue of about ,£400 a year, he freely gave up for the nominal sum of £150, which he handed over to the Exchange company as an additional donation. Another great boon was conferred upon the rate-payers, when he cancelled a large debt, due to him by the Road Trust. The trustees had on various occasions borrowed large sums of money from the Duke's progenitors for the purpose of making and repairing the roads ; and these sums accumulated as the years went on, till the capital and interest amounted to nearly £70,000. His Upper Teviotdale and the Scott s oj Duccleuch. 421 Grace handed over a receipt for the whole debt for ,£5 ! When the Working Men's Building Society was formed, their application for ground for feuing purposes was readily granted. Two beautiful fields near the town he leased at a nominal rent to the Bowling and Cricket clubs respectively. Many other gifts and bene- factions might be enumerated, for every local undertaking which was for the general benefit, found in him a willing promoter, and every charitable scheme might count on a liberal subscription. But the greatest boon conferred upon the town was the plentiful supply of water granted by the Duke with every facility for conveying it to the town. In the Municipal Records the first mention of a scheme for bringing water into the town was in 1783, when the Council resolved to introduce spring water and erect two street wells, and to borrow £200, to defray the expense. About four- teen years later an additional supply of water was brought, in leaden pipes, from the Sclidder springs, and other six wells erected at a cost of £500. This sufficed for the domestic requirements of the inhabitants for half a century when a reservoir was constructed and some other springs led into it. As the town increased and the sanitary conditions of dwelling houses improved, the water was quite inadequate, and a further and much more extensive supply became necessary. After various schemes had been proposed and discussed, the Allan water, one of the tributaries of the Teviot, was suggested as the source of the supply. The stream runs through the Duke's property, and he with that cordiality which characterised all his generous actions, at once consented to give the water with every facility for carrying out the necessary works. When the undertaking was completed, the Duke kindly consented to be pre- sent at the opening ceremony. The day was observed as a general holiday, and the townspeople formed themselves into a procession to accompany his Grace to the reservoir, nearly four miles distant. On arriving at the works, an address was presented to him, expressing the thanks of the community for his many liberal gifts to the town, and particularly for the abundant supply of good water which was about to flow into the town. He then turned on the sluice amid the cheers of thousands of spectators. The Provost, in a speech delivered on this occasion, said — ' We have felt the want of water, but now we are safe for generations to come.' He proved a false prophet, however, for in little more than a dozen years, the town had increased to such an extent that the water supply was again found to be insufficient, and once more the 422 Upper Teviotdalc and the Scot is of BuccleucJi. Hawick people were discussing various sources whence an increased volume and a higher pressure of water could be obtained ; and at length it was decided that the Dod burn, a tributary of the Allan, was the best and the most practicable. Again the Duke was appealed to, and as on the former occasion, he granted the water, and all needful privileges, with the same readiness and liberality. The new works were on a much more extensive scale than the previous ones. A reservoir covering nearly twenty acres was constructed about three miles from Hawick, and at a sufficient altitude to reach the highest buildings within the Burgh. The supply is ample, the volume of water being calculated to give about fifty gallons per day to each person, and provision has been made for taking in a still further supply from Priesthaugh and Skelfhill burns, should the town increase so much as to make it necessary. And now it may be, with confidence, said that the pure and abundant supply of water is secured for ' generations to come.' When the undertaking was nearly completed, the Duke was once more asked if he would be present at the opening of the water-works, and take part in the proceedings as he had done seventeen years before ; and he at once ex- pressed the great pleasure it would give him to meet the Hawick people again. When his reply was received, it was unanimously resolved that the reception on his forthcoming visit should exceed anything of the kind that had ever been attempted in Hawick. The idea was embraced with the greatest enthu- siasm by all classes, the efforts of the members of the Town Council, who took the lead in making arrangements, being ably seconded by the general public. With one accord the people set to work, and all the different trades and cor- porations vied with each other to make an effective display ; and when the festal day came, the sober old Border town was quite metamorphosed, and looked like a gay continental city en fete. Triumphal arches spanned the streets at various points. Banners of every hue and device floated from the mills, workshops, and public buildings, and lines of gay streamers fluttered in the breeze in every direction, and along the principal streets the house fronts were decked with bright draperies, evergreens, and floral devices. The general effect was extremely brilliant, the bright and varied colours of the flags and banners contrasting splendidly with the deep green of the laurels and fir boughs, which were largely used in the decorations. The day appointed for the demonstration was observed as a general holiday. The mills were all shut, — no smoke issued from their tall chimneys, and the busy Upper Teviotdale and the Scotts of Buccleuch. 423 machinery was at rest ; the click and whirr from the stocking shops were unheard ; warehouses and places of business were closed, and the whole community, young and old, were eager to participate in the ceremonies and festivities. Great numbers of country people poured into the town, and the streets were crowded long before the guest of the day was expected. The great feature of the proceedings was a monster procession which, it was arranged, should meet the Duke on his entrance to the town. Much care and attention had been devoted to this part of the programme, and the result was a most effective and interesting display. There were, of course, the usual bands of music ; the Town's Standard, borne by the Cornet who had last held office ; the Freemasons, with their sashes, aprons, and curious symbolic insignia ; the Foresters, and other benefit Societies, with the decorations of their various orders ; the different trade corporations, wearing appropriate and distinctive embellishments, and carrying banners, and numerous models and emblems of their respective handicrafts ; the carters, mounted on their horses, gaily decked with ribbons ; the fire brigade, and the cyclists, and the cricketers, in the peculiar costume of their different clubs. These made up a procession fully two miles in length, forming a really brilliant and magnificent spectacle. After perambulating the streets, the head of the procession opened up on reaching the Market Place, and lining both sides of the roadway, waited to receive his Grace on his entering the Town from Branxholme, where he had arrived the previous evening. The members of the Bowling clubs had expressed their earnest desire to tender their personal thanks to the Duke for his recent gift to them, and they awaited the approach of his Grace in their beautiful greens, which are situated just out- side the town on the road from Branxholme. On reaching the Bowling greens, he alighted from the carriage, and was received by the Magistrates and Town Council and the members of the clubs, who, in thanking him for his kindness in bestowing upon them the ground on which they could enjoy their favourite game, begged his acceptance of a pair of handsome bowls in token of their grati- tude. He expressed his pleasure in being able to provide the means of re- creation to the people, and said he would value the present just made to him as a token of their good feeling. He then proceeded to the town, his approach being signalled by the band playing the Buccleuch march, ' All the blue bonnets are over the Border.' The Duke, accompanied by the Provost, the Town-Clerk, and the Parish 424 Upper Teviotdale and the Scotts of Buccleuch. minister, was seated in an open carriage, drawn by four horses. In the next carriage were the Earl of Dalkeith, Lord Eskdale, and Mr Eliott Lockhart, his Grace's Chamberlain. These were followed by about a hundred carriages, which were filled by many of the noblemen and gentlemen of the county, and all the principal inhabitants of the town and neighbourhood. The Duke was greeted with loud and prolonged cheers from the dense crowds which lined the streets — cheers which burst forth again as the carriage passed along. He appeared pleased and touched with the warmth of his reception, and looked with delighted interest at the decorations which had been prepared to do him honour. After driving along the principal streets, the carriages and the other part of the proces- sion proceeded towards the waterworks, a distance of about three miles. The weather had been dull and cloudy all the morning, and just as the reservoir was reached it began to rain in that steady, persistent fashion which gave little hope of the day clearing up. This circumstance, disappointing as it was, was power- less to damp the spirits of the people, though it certainly spoiled the appearance of things, and was far from comfortable ; yet a feeling of good humoured hilarity appeared to pervade the assembly, and they seemed to enjoy the rain rather than otherwise. On reaching the lower end of the reservoir where the ceremony of Upper Teviotdzle and the Scotts of Buccleuch. 425 turning on the water was to take place, the Duke was again heartily cheered as he stepped into the enclosure. An address from the Corporation was then read by the Town-Clerk. After dwelling on the progress of the town, which had rendered the present scheme necessary, and expressing the thanks of the com- munity, and alluding to the generous interest his predecessors had taken in the Burgh, the address which will be found in extenso in the appendix, concludes — ' It is our desire, and we know it to be the wish of the community, that the ancient traditions of Buccleuch towards the Burgh, as these have been so liberally and faithfully perpetuated by your Grace, should, in the future, continue on the same friendly footing as they have existed in the past, and that the amicable relations now so happily subsisting between your Grace and the town may ripen into a still stronger bond of reciprocal good neighbourhood ; and that your Grace may long ' Live ' to ' Let Live,' and to adorn the exalted station in which a gracious Providence has placed you, is the sincere and earnest prayer of your Grace's faith- ful and obliged servants, ' (Signed) In name, and by the authority of the Magistrates and Council of the Burgh of Hawick, ROBERT FRASER Watson, Provost.'* After a short prayer had been offered up by the Rev. Dr Macrae the Duke turned on the sluice, and declared the waterworks open. The Provost then presented his Grace with a gift from the Burgh, consisting of a beautiful Badmin- ton jug and pair of beakers. On one side of the jug the arms of the Buccleuch family were engraved, and on the other the arms of the Burgh of Hawick, with a suitable inscription on the lid. When these ceremonies had been duly performed, the procession was again marshalled, and returned to the town. On arriving there, a deputation from the Building Society waited on the Duke, and presented him with a beautifully illuminated address, thanking him for having so readily conveyed to them land for building purposes ; and also giving particulars of the progress of the Society, which had been the means of enabling upwards of two hundred working men to become the proprietors of their own houses.* The Duke, in accepting the address, praised the energy and enterprise which had enabled the working men of Hawick so much to improve their circum- * Vide Appendix. Ill 426 Upper Teviotdale and the Scotts of Duccleuch. stances, and, *it must,' he said, 'give them a feeling of dignity and independence to remember that their prosperity was the result of their own efforts.' In the evening the Duke was entertained to a Banquet in the Exchange Hall, when about five hundred sat down to dinner, and a large number of ladies occupied the galleries. The toast of the evening was proposed in graceful eulogistic terms by the Provost, and received with the greatest enthusiasm, and hearty and prolonged cheers rang out again and again as the venerable Duke rose to reply. He appeared much moved by the warmth of feeling mani- fested towards him, and in a few simple words expressed his thanks. ' I assure you,' he said in conclusion, ' that nothing could have afforded greater comfort in the declining years of an old man's life than to know that his efforts have been in a manner appreciated by those whose opinions he values most.' The day's festivities were brought to a close with a ball, at which his Grace was present, and danced a reel with great vigour and sprightliness. With the exception of the weather, which was certainly unpropitious, the de- monstration had been most successful, and reflected the greatest credit on those on whom had devolved the task of arranging and organising all the different de- tails. The greatest order prevailed, both in the crowded streets, and among the thousands assembled at the water works, and the whole proceedings were character- ised by the utmost heartiness and cordiality. It is a pleasant reflection to the people of Hawick, that the very last time the good old Duke appeared amongst them, they had been able to give such emphatic expression to their feelings of gratitude and respect which his Grace's constant kindness had so nobly earned. A popular demonstration, however enthusiastic, is but an ephemeral expression of feeling after all, and it was felt by many of the Hawick people that the Duke of Buccleuch's many benefactions to the town deserved a more lasting recognition. It was, therefore, resolved to erect a suitable building or monument to commemo- rate his Grace's generosity, and a considerable sum of money was raised by volun- tary subscription for this purpose. After mature consideration it was decided that the memorial should take the form of a building for the accommodation of science and art classes. It was felt that an Institution, which had for its object the advancement of science and educa- tion, was more in harmony with the life of the Duke, and more likely to be pleasing to him, than the empty honour which would be conferred by a statue or a monument of a merely ornamental character. Upper Teviotdale and the Scotts of Duccleuch. 427 It was also resolved to ask the Duke to sit for his portrait to be hung in the hall of the building. To this he at once agreed, and Mr Knighton Warren, the artist employed by the subscribers, has succeeded in producing a portrait, which is an excellent and characteristic likeness, and an admirable work of art. Since his death it has acquired an enhanced value from the fact that it was the last portrait painted of his Grace.* The last of the Duke's gifts to the town was eminently characteristic of his benevolent disposition, and his sympathy with suffering and distress. The want of an Hospital had long been felt in Hawick, especially for the treatment of accidents, and a number of ladies and gentlemen of the town and neighbourhood took steps to establish one on the cottage system. He warmly approved of the movement, and gave a site for the building, besides a handsome contribution towards its erection, and an annual subscription of .£10 towards the maintenance of the Institution. The site selected for the Hospital is on a rising ground to the west of the town, and a pretty and commodious building has been erected. It contains accommo- dation for ten patients, and since it was opened in 1885 has been fully taken ad- vantage of, and has been of incalculable benefit. Before the Hospital was completed the ' Generous Donor,' who had so mate- rially assisted in promoting the Institution, was no more. From December 1883 his health had been failing, and though he was able to go to London in February to attend the opening of Parliament, he only remained ten days, and then re- turned to Bowhill. His weakness increased during the month of March, though he was still able to enjoy a short drive on fine days. On the 3d of April he went out for the last time, and accompanied by the Duchess drove through the woods around Newark and Bowhill, in order to see for himself the havoc caused by the recent storm, which had blown down great numbers of trees. On their return he was seized with a violent shivering, followed by fever. His medical attendants entertained the gravest apprehension from the first, and though there was a temporary improvement in the course of the following week, it was evident that the end was drawing near. On the 16th of April 1884, he breathed his last, at the advanced age of seventy-eight, having held the titles and estates of Buccleuch and Queensberry for fifty-five years. He died at Bowhill, the residence which of all others he loved best. He en- joyed the privacy and quiet home life with which it was always associated, and he * The frontispiece is a reproduction of this portrait. 428 Upper Teviotdale and the Scotts of Buccleuch. had been heard to say that it was on the Braes of Yarrow he would prefer to spend his last days. His deathbed was soothed by the attendance and ministra- tions of his family, and not one of his ancient race was more sincerely mourned or more lovingly remembered, not only by his family and friends, but by his nume- rous tenantry and those employed on his estates, and by his old servants and de- pendents who had lost in him a kind and generous master. His remains were removed to Dalkeith, and laid to rest in St Mary's Chapel within the park. On the day of the funeral the mills, shops, and other places of business in Hawick were closed from one to two o'clock, and the bells tolled a funeral knell. A similar mark of respect was paid, on the solemn occasion, in Langholm, Annan, Selkirk, and other places with which his Grace was connected. The Uuke left a family of four sons and three daughters. William Henry Walter, who succeeded him, was born in 183 1, and was married in 1859 to Lady Louisa Hamilton, daughter of the Duke of Abercorn ; Lord Henry Scott, the second son, was born in 1832 ; Lord Walter, born 1834, and Lord Charles Thomas, born in 1839 ; Lady Victoria Alexandrina married in 1865 to the Marquis of Lothian ; Lady Margaret Elizabeth married in 1875 to Cameron of Lochiel ; and Lady Mary Charlotte married in 1877 to the Hon. Walter Rodolph Trcfusis. Upper Teviotdale and the Scotts of Buccleuch. 429 Shortly before his death a very high compliment was paid to him, and one which very seldom falls to the lot of any private nobleman. A great number of gentlemen, both in England and Scotland, resolved to testify in some public manner their sense of admiration of the high character and honourable career of his Grace. The maximum subscriptions were limited to ten guineas, and a large sum was soon collected. The movement was, of course, non-political, and the most gratifying feature connected with it, was the hearty way in which many of his bitterest political opponents joined in testifying to his personal worth. It was decided that the memorial should take the form of a statue, to be erected in Edinburgh near to St Giles' church. The statue represents the Duke in the robes of the Garter, and is of bronze, 10 feet 6 inches in height, and stands on a richly decorated pedestal. Its form is hexagonal, and is in two stages. At the six angles are six bucks rampant, bearing shields emblazoned with the arms of the families allied by marriage to the house of Buccleuch. Between these on the six panels are reliefs illustrating various events in the family history. The first represents Sir Walter Scott falling at the battle of Halidon Hill ; the second, the burning of the Tower of Catslack, when Lady Buccleuch perished ; the third is the attempt made by Buccleuch to rescue James the Fifth from the thraldom of Angus ; the next represents the burn- ing of Branxholme Tower ; and the fifth and sixth are two scenes irom the ballad of Kinmont Willie. The next stage of the pedestal contains on its panels bronze reliefs representing incidents in the life of the Duke, viz., receiving the Queen at Dalkeith, planning Granton Harbour, Tenants' dinner in Edinburgh, installation as Chancellor of Glasgow University, and as Colonel of the Militia ; the sixth panel contains the coat of arms of the late Duke ; and at each angle are figures representing Fortitude, Liberality, Temperance, Prudence, Charity, and Truth. The Buccleuch memorial in Hawick is now finished. It is a handsome and spacious building, and provides accommodation for the science and art classes, and for the Archaeological Society's museum, which contains a large and valuable collection of geological and natural history specimens, and a number of interest- ing antiquities. It was opened on the 14th of April 1887 by the present Duke and Duchess, and promises to become one of the most important educational institutions in the town. 430 Upper Teviotdale and the Scotts of Buccleuch. The people of Hawick are very enterprising, priding themselves on their readiness to accept new ideas and adopt new institutions. A Free Library has been for some years established in the town. The Science classes which are held in the Buccleuch Memorial Buildings, were started several years before it was built, are largely attended, and have proved very successful. The gratifying results of the Building Society has already been mentioned. There are also several benefit Societies in the town which are all in a flourishing condition, and afford ample proof that the working classes are, generally speaking, prosperous and of provident habits. In 1884 a sum of money was raised, partly by subscription and partly by means of a bazaar, in order to complete the purchase of the Midrow, with the Upper Teviotdale and the Scott s of Buccleuch. 43 1 intention of pulling down and clearing away the old houses. These were the oldest houses left in the town, and were doubtless standing when the soldiers of Queen Elizabeth spread desolation on the Scottish Border. From an antiquarian point of view, some were inclined to regret the demolition of the last relics of the old town, but the houses were old and dilapidated and unsuited to modern requirements, and their removal could net but be regarded as a great public improvement, more especially as, by clearing them away, two narrow streets were converted into a fine open square. The town is well built, and the High Street contains many handsome buildings. A new Town Hall has been erected on the site of the old one, but on a much more extensive and magnificent scale. The placing of the memorial stone in front of the new Municipal buildings was the occasion of the first visit of the present Duke after his accession to the title, and the Duchess, who accompanied his Grace, performed the ceremony, which is commemorated by an inscription in front of the building. The formalities were witnessed by an immense concourse of spectators, who received the Duke and Duchess with the most cordial demon- strations of welcome. The Hawick of the feudal ages has entirely disappeared, and one of the most important centres of industry has succeeded it. Upper Teviotdale contains few traces of the stormy period of its history. It is now a quiet pastoral district, whose inhabitants devote themselves to the care of their flocks and herds. The silvery Teviot flows peacefully along amid all the changes ; its sweet murmur has been drowned by the shouts and yells of the ancient Britons as they encountered or fled from the conquering Romans and hid in the thick woods which clothed its banks ; it has reflected the Baal-fires of the religious rites of Paganism, and it has laved the feet of the pious St Cuthbert and his monks, who brought the light of Christianity into the heathen darkness. Marauding hosts have come with fire and sword, and left its lovely valleys a scene of havoc and desolation ; and often the old rallying-cry of ' Teri-bus ye Teri-Odin,' has echoed along its banks as the men of Hawick mustered for the fray. These warlike times have passed away, and the little grey hamlet on the clear stream has grown into a flourishing town. The beautiful river has been converted into an active industrial agent, and made to set wheels revolving and intricate machinery in motion, to assist the dyer, the scourer, the tanner, and many other tradesmen, and then flows on, bearing with it the marks of its honest toil in its blackened waters, till it is lost in 432 Upper Teviotdale and the Scotts of Buccleucli. the great ocean, where its streams, dispersed and scattered, may be carried to many distant shores, but not wider or further, than the products of the industry of Hawick have been carried, by the commercial enterprise of the sons of Teviotdale. cHrauHcfl oianoaid aat) %oat of @v)im.». APPENDIX. KKK PEDIGREE OF THE SCOTTS OF BUCCLEUCH. -*4- I. Richard Scott of Rankilburn and Murthockston. Married the daughter and heiress of Murthockston of that Ilk, in the County of Lanark. Swore fealty to Edward the First in 1296. Circa 1265 to 1320. II. Sir Michael Scott, second of Rankilburn and Murthockston. Killed at the battle of Durham in 1346. III. ROBERT Scott, third of Rankilburn and Murthockston, also of Kirkurd. Died in 1389. IV. Sir Walter Scott, fourth of Rankilburn, Murthockston, and Kirkurd. Killed at the battle of Homildon, 1402. V. Robert Scott, fifth of Rankilburn and Murthockston, and of Kirkurd. He exchanged the lands of Glenkerry for Bellenden. Died in 1426. VI. Sir WALTER SCOTT of Buccleuch, Branxholme, and Kirkurd. Ex- changed Murthockston for Branxholme. Married Margaret Cock- burn of Henderland. Died in 1469. VII. David Scott of Buccleuch, Branxholme, and Kirkurd. Sat in Parlia- ment as Dominns de Buccleuch, 1487. Died in 1491. Buried in Holy Cross Church, Peebles. 436 Appendix. VIII. DAVID SCOTT, married Lady Jane Douglas, daughter of the Earl of Angus. Died before 1484. IX. Sir Walter Scott of Branxholme and Buccleuch. Served heir in 1492. Married Elizabeth Kerr of Cessford, who was burned to death in the tower of Catslack, on the 19th of October 1548. He died in 1504. X. Sir Walter Scott of Branxholme and Buccleuch. Killed in the streets of Edinburgh in 1552. XI. Sir Walter Scott of Kirkurd. Died in 1552, a few months before his father. XII. SIR Walter Scott, succeeded his grandfather. Married Lady Margaret Douglas, daughter of the Earl of Angus (her name is inscribed above the doorway on Branxholme Castle). He died in 1574. XIII. Sir Walter Scott, Knighted at the Coronation of Queen Anne, Consort of James VI. Created Lord Scott of Buccleuch. Married Margaret Ker, sister of Robert, first Earl of Roxburgh. Died in 1611. XIV. WALTER, second LORD SCOTT of Buccleuch. Created Earl of Buccleuch in March 1619. Died in London in 1633, and was buried in St Mary's church at Hawick. XV. Francis, second Earl of Buccleuch. Married Lady Margaret Leslie, only daughter of the Earl of Rothes, and widow of Lord Balgony. He died at Dalkeith Castle, 165 1. XVI. Lady Mary Scott, Countess of Buccleuch. Married Walter Scott, son of Gideon Scott of Highchesters. He was created Earl of Tarras. She died at Wemyss Castle in 1661, without issue, and was succeeded by her sister. Appendix. 43 7 XVII. Lady Anne Scott, Countess of Buccleuch. Married James, Duke of Monmouth, who was beheaded in 1685. She was created Duchess of Buccleuch and Monmouth by James II. Died at Dalkeith in 1732. XVIII. James, Earl of Dalkeith, married Lady Henrietta Hyde, daughter of the Earl of Rochester. Died in 1705, was buried in Westminster Abbey. XIX. FRANCIS, second Duke of Buccleuch, only surviving son of James, Earl of Dalkeith, was made a Knight of the Thistle in 1725. Succeeded on his grandmother's death in 1732 as Duke of Buccleuch. In 1743, he was restored to the titles of Earl of Doncaster, and Baron Tyndale ; these having been borne by his grandfather, James, Duke of Mon- mouth, but forfeited for his rebellion. Married Lady Jane Douglas, daughter of the Duke of Queensberry. Died in 175 1. XX. FRANCIS, Earl of Dalkeith, married Lady Caroline Campbell, daughter of the Duke of Argyle. Died in 1750. XXI. Henry, third Duke of Buccleuch, K.G. and K.T., succeeded his grandfather in 175 1, and to the Dukedom of Queensberry as fifth Duke in 18 10. Married Lady Elizabeth Montagu, daughter of the Earl of Cardigan, afterwards Duke of Montagu. Died in 18 12. XXII. Charles William Henry, fourth Duke of Buccleuch, and sixth Duke of Queensberry, K.T., married the Hon. Harriet Katherine Town- shend, daughter of Viscount Sydney. Died in 1819. XXIII. Walter Francis Montagu Douglas Scott, fifth Duke of Buc- cleuch, and seventh Duke of Queensberry ; married Lady Charlotte Anne Thynne, daughter of the Marquis of Bath. Died 16th April 1884. Besides his hereditary titles, which comprised Baron Scott of 438 Appendix. Buccleuch, Earl of Buccleuch, Baron Scott of Eskdale, Duke of Buccleuch, Earl of Dalkeith, Baron Scott of Whitchesters, Duke of Queensberry, Marquis of Dumfriesshire, Earl of Drumlanrig and Sanquhar, Viscount of Nith, Torthorwald, and Ross, Baron Douglas of Kinmont, Middlebie, and Dornock, in the Peerage of Scotland ; and Earl of Doncaster and Baron Tyndale, in the Peerage of Eng- land ; he was made a Knight of the Garter in 1835, Lord-Lieutenant of Edinburghshire, 1826; Lord-Lieutenant of Roxburghshire, 1841 ; D.C.L. of Oxford, 1834 ; Doctor of Laws, Cambridge, 1842 ; a Privy Councillor in 1842; Colonel of the Edinburgh County Militia; Captain-General of the Royal Company of Archers of Scotland ; Aide-de-Camp to the Queen in 1857 ; Lord Privy Seal from 1842 to 1846; Lord President of the Council from January to July 1846; President of the Society of Antiquaries of Scotland in 1862; LL.D. of Edinburgh University in 1874, and Chancellor of the University of Glasgow in 1878. XXIV. William Henry Walter, present Duke of Buccleuch and Queens- berry, K.T., born at Montagu House in 183 1. Married in 1859 Lady Louisa Jane Hamilton, third daughter of the Duke of Abercorn. l*Of APPENDIX. No. II. Confirmation by Mary, Queen of Scots, under the Great Seal, dated 12th May 1545, of the Charter granted by James Douglas of Drumlanrig, Baron of the Barony of Hawick, in favour of the Town of Hawick, dated 1 ith October 1537. From a modern translation in the Chartulary of the Burgh. Mary, by the grace of God, Queen of Scots ; To all honest men of her whole land clergy and laity, greeting : Know ye, that We, with the advice, authority, and consent of our dearest cousin and tutor, James Earl of Arran, Lord Hamilton, protector and governor of our kingdom, and of the Lords of our Privy Council, have fully understood a certain charter of gift, by our command seen, read, in- spected, and carefully examined, whole, entire, neither erased nor cancelled, nor suspected in any part thereof, made by our beloved James Douglas of Drumlanrig, and baron of the barony of Hawick, in the county of Roxburgh, to the persons underwritten, tenants of his town and burgh of Hawick foresaid, their heirs and assignees respectively, as is under specified, with their pertinents, of all and whole his lands after following, to-wit : — To Robert Scott of Howpaslott, of six partic- ates of land ; to Robert Scott of Alanhauch, of three particates ; David Rutlethe, eight particates ; Thomas Brown, three particates ; the Chaplain of the Altar of the blessed Virgin Mary, within the Parish Church of Hawick, two particates ; Sir James Young, one particate ; Walter Tumbull, one particate ; Robert Chalmer, one particate ; Symoun Chepman, one particate ; John Scott, two particates ; Robert Schort, two particates ; William Scott, half a particate ; Richard Fair, a half particate ; William Scott, the son of William Scott, eleven particates ; John Wauch, two particates ; John Howburne, one particate ; William Douglas, three 44Q Appendix. particates ; Stephen Scott, John Schort, and Janet Liddirdaile, one particate equally between them ; Janet Liddirdaile, two particates ; Hawis Lidderdaile, one particate ; Sir Thomas Fowlaw, two particates ; Thomas Liddirdaile, two particates ; Janet Gladstains, one particate and a half; Nichol Liddirdaile, half a particate ; John Cessfurde, one particate ; Andrew Young, two particates ; John Scott, two particates and a half ; Thomas Scott, three particates ; Thomas Burne, one particate and a half; Sir John Scott, four particates ; Thomas Connell, one particate ; Mr John Hepburne, two particates ; John Plendirgaist, half a particate ; James Blair, half a particate ; William Paslay, the fourth part of a particate ; George Young, the fourth part of a particate ; James Cessfurde, the fourth part of a particate ; Adam Cessfurde, half a particate ; John Young, the fourth part of a particate ; William Cessfurde, the fourth part of a particate ; and to Matthew Henderson, two particates, with their pertinents, lying on the south side of the Public Street of the said James Douglas' town and burgh of Hawick foresaid ; and also the said James Blair, of one particate ; to the foresaid Chaplain of the Altar above written, one particate ; Bessie Weile, one particate ; William Alie- soun, one particate ; Adam Binkis, one particate ; William Story, one particate ; Janet Cessfurde, two particates ; to the said William Scott, three particates ; John Morlo, three particates ; Alexander Paslay, one particate ; John Angus, half a particate ; Stephen Scott, half a particate ; John Rowcastill, one particate ; John Cessfurde, two particates ; John Wauch, one particate ; Leonard Quhyt, one par- ticate ; Symoun Martene, two particates ; Adam Patersoun, two particates and a half ; Margaret Liddirdaile, one particate and a half ; Philip Liddirdaile, two par- ticates ; William Mortoun, one particate ; James Storie, one particate ; William Stewart, one particate ; John Fairnielaw, two particates ; Andrew Lidderdaile, five particates : Janet Lidderdaile, one particate ; Archibald Scott, two particates ; John Deins, two particates ; John Cessfurde, one particate ; to James Wilsoun, one particate ; William Fowlaw, one particate, with their pertinents, lying on the north side of the public street of the said James Douglas' town and burgh of Hawick foresaid, between the lands commonly called the Bourtreis on the east, and the Common Vennel at Myreslawgreen on the west, on the one and other parts, according to the limits and bounds as is more fully contained in the evi- dents and infeftments formerly made and executed ; and with the Common in the Common Hauch and Common Muir of Hawick, lying between Burnfurde on the east, the Troutlawfurde on the west, and the syke of Wyntoun Moss on the Appendix. 44 1 south, and the ditches of Goldbankis and Fynnyk on the north parts ; reserving to the said James Douglas, his heirs and assignees, the lands lying in his said town, on the south side of the public street thereof, between the lands of John Scott on the east, and the lands of Robert Schort on the west parts, on the one and other parts. To be held of the foresaid James Douglas, and his heirs, in fee and heritage, and free burgage in barony, as at first, for one penny of the usual money of the kingdom of Scotland, to them and their assignees, by the said James Blair, his heirs and assignees, upon the ground of his half particate fore- said, at the feast of Penthecost, in name of blench-farm, if it is asked only ; also the said Thomas Connell, Mr James Hepburne, John Plendergaist, William Paslay, George Young, James Cessfurde, Adam Cessfurde, John Young, and William Cess- furde, their heirs and assignees, paying to the foresaid James Blair, his heirs and assignees, the annual rents formerly due and accustomed to them, according to the tenor of the evidents made before thereupon to them, by the foresaid James ; and also, the other persons above written, their heirs, successors, and assignees, paying annually to the said James Douglas, his heirs and assignees, for every particate of the said lands granted by him to them respectively, five pennies money foresaid, at two usual terms in the year, Whitsunday, and Martinmas in winter, by equal portions upon the ground of the foresaid lands, in name of annual rent, or burgh- Narrative farm : Which charter is under this form : — To all who shall see or hear Clause. ^^ Charter. James Douglas of Drumlanrig, Baron of the barony of Hawick, lying within the sheriffdom of Roxburgh, everlasting health in the Lord : Because it plainly appears, and is known to me, from my old evidents, that my town of Hawick, lying within my said barony of Hawick, and in the sheriffdom of Roxburgh above mentioned, from of old created, continued to subsist a free burgh of barony ; and because the charters and evidents of the tenants and in- habitants of the said town and burgh, through the inroads of the English and thieves in bypast times of enmity and war, have been lost and destroyed, from whence, that no prejudice may arise to the said tenants, but in respect I am will- Dispositive in S rather to help and relieve them : Know ye therefore, That I have Clause. given, granted, and by this my present Charter confirmed ; likeas I give, grant, and by this my present Charter, confirm to the persons under written, tenants of my said town and burgh of barony, all and sundry my lands following, viz., To Robert Scott of Howpaslot, six particats of land ; Robert Scott of Allan- haugh, three particats ; David Routlach, eight particats ; Thomas Brown, three LLL 442 Appendix. particats ; the Chaplain of the Altar of the blessed Virgin Mary, within the parish church of Hawick, two particats ; Mr James Young, one particat ; Walter Turn- bull, one particat ; Robert Chalmer, one particat ; Simeon Chapman, one particat ; John Scott, two particats ; Robert Short, two particats; William Scott, half a par- ticat ; Richard Fair, half a particat ; William Scott, the son of William Scott, eleven particats ; John Wauch, two particats ; John Howburn, one particat ; William Douglas, three particats ; Stephen Scott, John Short, and Janet Lidderdaill, one particat equally amongst them ; Janet Lidderdaill, two particats; Hally Lidderdale, one particat ; Mr Thomas Fawlaw, two particats ; Thomas Lidderdale, two parti- cats ; Janet Gladstains, one particat, with the half of another particat ; Nicol Lidderdale, half a particat ; John Cessfurd, one particat; Andrew Young, two parti- cats; John Scott, two particats and a half; Thomas Scott, three particats ; Thomas Burn, one particat and a half ; Sir John Scott, four particats; Thomas Connell, one particat ; Mr John Hepburn, two particats ; John Plendergaist, half a particat ; James Blair, half a particat ; William Paisley, the fourth part of a particat ; George Young, the fourth part of one particat ; James Cessfurd, the fourth part of one particat ; Adam Cessfurd, half a particat ; John Young, the fourth part of one particat ; William Cessfurd, the fourth part of one particat ; and Matthew Hen- derson, two particats, with their pertinents, lying upon the south side of the public street of my said town and burgh : As also to the said James Blair, one particat ; to the foresaid Chaplain of the above written altar, one particat ; Bessy Wyllie, one particat ; William Alisoun, one particat ; Adam Binks, one particat ; William Story, one particat ; Janet Cessfurd, two particats ; Mr William Scott three particats ; John Morlo, three particats ; Alexander Paisley, one particat ; John Angus, half a particat ; Stephen Scott, half a particat ; John Rucastle, one particat ; John Cessfurd, two particats ; John Waugh, one particat ; Leonard Quhyt, one particat ; Simeon Martin, two particats ; Adam Patterson, two par- ticats and an half; Margaret Lidderdale, one particat and a half; Philip Lidder- dale, two particats ; William Mortoun, one particat ; James Story, one particat ; William Stewart, one particat ; John Fairnlaw, two particats ; Andrew Lidder- dale, five particats ; Janet Lidderdale, one particat ; Archibald Scott, two parti- cats ; John Deans, two particats ; John Cessfurde, one particat ; James Wilson, one particat ; and to William Fawlaw, one particat ; with their pertinents, lying upon the north side of the public street of my said town and burgh of Hawick, betwixt the lands commonly called the Bourtreis upon the east, and the Common Appendix. 443 Vennel at the Myreslawgreen upon the west parts, from one and other parts, ac- cording to the bounds and marches thereof, as they are at more length contained in the rights and sasines formerly made and granted to them thereupon ; together Common with the Common in the Common Haugh and Common Muir of Common" 1 Hawick, lying betwixt the Burnfoord upon the east, Troutlawfoord Muir - upon the west, and the syke of Wintoun Moss upon the south, and the dykes of Goldielands and Fynnyk upon the north parts, from one another ; Exception. Excepting to me, my heirs, and assignees, the lands lying in my fore- said town, upon the south side of the public way thereof, betwixt the lands of John Scott upon the east, and of Robert Short upon the west parts, from one Tenendas. another : To be held and kept all and sundry, my foresaid lands, ex- cepting as are above excepted, by the persons above written, their heirs and assig- nees respectively as aforesaid, with the pertinents thereof, of me, and my heirs, Feu and Free in feu and heritage, and free burgage in barony as formerly, for ever, Burgage. by a [\ their just marches, old and divided, as they lie in length and in breadth, with houses, buildings, yards, beams, timber, common pasturage, and free entry and outgate ; together with all and sundry other liberties, commodities, profits, easements, and just pertinents of the same whatsoever, as well not named as named, as well below as above ground, far and near, belonging, or that shall rightly belong to, the foresaid lands and pertinents in time coming, any manner of way, and that freely, quietly, fully, completely, honourably, well, and in peace, without any impediment, revocation, contradiction, or obstacle whatsomever : Giving and Reddendo. paying out of the same yearly the said James Blair, his heirs and assig- nees, to me my heirs and assignees one penny usual money of the kingdom of Scot- land, upon the ground of his half particate above mentioned, at the feast of Whit- Popish, sunday, in name of blench-farm, if demanded ; as also finding and main- taining one lamp or pot of burning oil before the great altar of the parish church of Hawick, in time of high mass and evening prayers, on all holydays throughout the year, in honour of our blessed Lord and Saviour Jesus Christ, for the souls of the Barons of Hawick, founders of the said lamp, and their successors ; and likewise Subaltern. the foresaid Thomas Connel, Mr John Hepburn, John Plendergaist, William Paisley, George Young, James Cessfurd, Adam Cessfurd, John Young, and William Cessfurd, their heirs and assignees, paying to the said James Blair, his heirs and assignees, the annual duties formerly accustomed and due by them to the aforesaid Jarnes Blair, and his heirs and assignees, conform to the tenor of the 444 Appendix. rights made and granted by him formerly to them thereupon ; as also the rest of the persons above written, their heirs, successors, and assignees paying to me, my heirs and assignees for each particat of the foresaid lands granted by me to them respectively, five pennies money foresaid, at the two ordinary terms of the year, viz., the feasts of Whitsunday, and Martinmas in winter, by equal portions, upon the grounds of the said lands, in name of annual duty or Service. burgage-ferm ; likewise performing to me, my heirs and assignees, such services as other inhabitants and tenants of free burghs of barony within the kingdom of Scotland perform to their lords and superiors ; with power to Power to ere- tne f° resa id persons, their heirs and assignees, burgesses of the said ate Bailies. burgh at this present time, and in all times to come, of creating and ordaining yearly bailies and officers necessary therein, for the govern- Qualifications. ment of that burgh ; provided always, that it shall not be lawful for the said persons, their heirs or assignees, to ordain, create or institute bailies, or other officers in the foresaid burgh, but such only as reside and shall reside within the same : Further, for me, my heirs, and assignees, I hereby Powers, Re- . . ~, signation, and give and grant to the present bailies of the said burgh, and to their successors in office for the time being, my full and all manner of power and mandate, special and general, for receiving resignations of the lands above written, and giving and granting sasines of the same, according as shall be agreed upon and conceived betwixt parties ; likewise all resignation of the said lands, or any part of them that have been made, in the hands of the bailies of the said burgh, and sasines thereof granted by them to others thereupon in any time bypast, I approve of and ratify, and for me, my heirs, and assignees, hereby con- Warrandice. firm for ever : And I, the foresaid James Douglas of Drumlanrig, for me, my heirs and assignees, truly warrant, acquit, and defend all and sundry my lands above written, excepting what are above excepted, to the persons above mentioned respectively, their heirs and assignees, in all respects, and by all forms, to the effect as above expressed, against all deadly for ever. In testimony Testing whereof, my seal, together with my manual subscription, is hereto Clause. appended : At Edinburgh, the i ith day of October 1537 years ; before these witnesses, Archibald Douglas of Kowschoqill, William Scott, John Douglas, Mr John Chapman, Sir John Scott, vicar of Hawick, John Maitland of Auchin- gasschell, John Maitland and Patrick Maitland, with diverse others. (Signed) James Douglas of Drumlanrik, with my hand. — Which charter, containing a Appendix. 445 gift therein in all its points and articles, conditions, and modes and circumstances whatsoever, in all, and by all, in form and to the effect above said, We, with the advice and consent of our dearest cousin and tutor foresaid, approve, ratify, and for us and our successors for ever confirm ; Reserving to us and our successors the rights and services of the said lands of the town and burgh in barony foresaid, with their pertinents, due and accustomed before this our present confirmation : Moreover, we, with advice foresaid, for the good, faithful, and gratuitous service performed to us, by the said persons, inhabitants and indvvellers of the foresaid town and burgh of Hawick, and for divers other good causes and considerations us moving, Will and Grant, and for us and our successors for ever, decern and ordain, that this our present confirmation shall be of as great power, strength, force, and effect, to them, their heirs, and assignees, as if the same had been given granted, and made by us and our predecessors, to the said persons, their heirs, and assignees, in better form, before the taking of sasine by them respectively of the foresaid particates and lands, with their pertinents, notwithstanding sasines are on the contrary taken by them thereof, before this our present confirmation : In testimony whereof, to this our present charter of confirmation, we have com- manded our Great Seal to be affixed. Witnesses — our beloved cousin David, Cardinal of St Andrews, &c, our Chancellor ; the Most Reverend and Reverend Fathers in Christ, Gavin, Archbishop of Glasgow, &c, Andrew, Bishop of Whit- horn, of our Chapel Royal at Stirling ; our beloved cousins George, Earl of Rothes, Lord Lesly, Malcolm, Lord Flemyng, our Great Chamberlain ; the Ven- erable Father in Christ, John, Abbot of our Monastery of Paisley, our Treasurer ; our beloved familiar friends, Mr James Foulis of Colintoun, Clerk of our Rolls, Register, and Council, and Thomas Bellenden of Auchnoule, our Justice-Clerk : At Edinburgh, the 12th day of the month of May, in the year of God 1545, and of our reign the third year. No. III. BOND OF SECURITY referred to at page 212, from the Register of the Privy Council of Scotland, vol. i. p. 660. At Hawik, the fyft day of Maii, the yeir of God j m v c lxix yeris, in presence of the Warden and Sir Walter Scott of Branxholme knycht, and utheris gentilmen, 446 Appendix. comperit Sir Walter Scott of Howpaslay knycht, and become souertie for the personis following, that thai sould answer to the lawis, conforme to my Lord Regentis Grace directioun and articles gevin to the Wardane under the pane of twa hundrith merkis everie man. Thomas Broun, Jokke Howatsone, . Hobbe Broun, Dand Huntar, Alexander Armestrong, Will Pairman, . Cristie Pairman, Hob Jaksoun, . Watt Litill, . Jok Hall, Watt Runseman, . Jak Reid, ii c markis. ii c markis. ii c markis. ii c markis. ii c markis. ii c markis. ii c markis. ii c markis. ii c markis. ii c markis. ii c markis. ii c markis. Jokke Scot, . Eling Dun, . Will Greif, . Thome Greif, Johe Gledstanis, . George Stevinsone, Pait Stevinsone, . Pait Reid, . Johnne Glendonyng, Alexander Mylne, Will Turnbull, . ii c markis. ii c markis. ii c markis. ii c markis. ii c markis. ii c markis. ii c markis. ii c markis. ii c markis. ii c markis. ii c markis. Tenentis to the said Sir Walter in Outtersiderig. The samyn day, comperit Will Eliot alias Archeis Will, and become souertie for the personis following : — * Tenentis to the said Will Ellott. The samyn day, comperit Gawin Ellott in Skelfhill, and fand souertie for himself, the young Laird of Greneheid, under the pane of ane thowsand pund, and the said Gawin become souertie for the personis following : — Martine Smaill, Dande Mynto, Reid Hob Eliot, . Jok Preisthauch, Arche Preisthauch, ii c markis. Rynne Wiggein, . . ii c markis. ii c markis. Jokke Eliot in Preist- ii c markis. hauch, . . . ii c markis. ii c markis. Andro Krucrewch . ii c markis. ii c markis. Jame Eliot in Skelshill, ii c markis. The said day, comperit Clame Crosar and fand Thomas Ker souertie for him. The said day, comperit Gawin Eliot Fallinesche, and fand souertie for him the Laird of Bukclewch, and the said Gawin become souertie for the personis follow- ing:— * No names in the Register. Appendix. 447 Wille Eliot, . ii c ti. Jame Bichat, ii c markis. Johnne Turnair, ii c markis. Dande Eliot, ii c ti. Jame Caveris, ii c markis. Jok Eliot, . ii c ti. Georde Armestrang, ii c ti. Hobbe Eliot, ii c ti. Georde Turnbull, . ii c markis. Jok Murray, . ii c markis. Andro Turnbull, ii c markis. Will Huntar, ii° markis. Jame Billop, . ii c markis. Johnne Nobill, ii c markis. Tenentis to the said Gawin Eliot in Fallinesche. The said day, comperit Sym Eliot in Dodburne, and fand souertie for him the Lard of Bukclewch, under the pane of ane thowsand pundis, and the said Sym become souertie for the personis following : — Arche Wiggein, . . ii c markis. Hob Hall, . . . ii c markis. Jok Eliot, . . . ii c ti. Johnne Camerrell, . ir markis. Will Hendirsoun, . . ii c ti. Tenentis to the said Sym Eliot. The said day, comperit Arche Ellott in Corresik, and fand souertie for himself the Baroun of Gledstanis, under the pane of ane thowsand markis. Comperit Clame Crosar in Hammilknowis, the tent day of Maii, and become souertie for the personis following : — ClemmeCrosaraliasCokkis Clemme, . . . ii c ti. John Crosar his brother, ii c ti. Rowy Crosar thair brother, ii c ti. Dande Crosar alias Parttis Dande, . . . ii c ti. Ade Crosar alias Meggaittis Ade, ii c ti. Arche Crosar alias Arche the Pyatt, ii c ti. Jame Crosar the tailyeour, . . ii c ti. Andro Crosar alias Markis Andro, ii c ti. NO. IV. Inventory and Valuation of the Effects of Sir Walter Scott OF Branxholme, who died in April 1574, dated November 1574. The testament testamentar and inventar of the gudis geir soumes of money and dettis pertening to vmquhile Walter Scot of Branxholme knycht the tyme 448 Appendix. of his deceis quha deceist in the moneth of Aprile the yheir of God I M V c Lxxiiij yheiris ffaithfullie maid and gevin vp be his awne mouth vpoun the ellevint day of Aprile the yheir of God foirsaid befoir thir witnessis Doctor Prestoun Adam Diksoun ypothecar Johne Carmichaell of that ilk Walter Scot of Gordelandis Walter Scot of Tuschelaw and Johne Watsoun with vtheris diuerse. In the first the said vmquhile Walter had the gudis geir soumes of money and dettis of the avale and prices efter following pertening to him the tyme of his deceis viz vpoun the ground and landis of Bellandene in pasturing with George Nicoll nyne new calfit ky with thair followaris price of the pece ourheid five pundis Summa xlv L — Item twa ky with calf price of the pece foure pund x s Summa ix L — Item foure forow ky price of the pece foure L Summa xvj L — Item thrie yheild ky price of the pece foure pundis Summa xij L — Item nyne stottis and queyis of tua yheir auldis price of the pece ourheid xl s Summa xviij L — Item mair in pasturing with the said George tua forow ky with tua stirkis and ane bull price of the tua forow ky and stirkis tuelf pundis and price of the bull five pund Summa xvij L — Item vpon the grund and landis of Bukcleuch in pasturing with Symon Nicoll sex tua yheir auld stottis price of the pece xl s Summa xij L — Item in pasturing with James Scott in Newwark ane bull price thairof five L — Item vpon the landis of Catslak in pasturing with Rolland Wilsoun tua ky with thair calfis price of the pece five pund Summa x L — Item five ky with calf price of the pece ourheid foure L x s Summa xxij L x s — Item thrie forrow ky price of the pece foure L x s Summa xiij L x .y — Item ane yheild kow price tharof foure L x s — Item foure queyis price of the pece ourheid fifty s Summa x L — Item tua stottis price of the pece xl s Summa iiij L — Item vpon the grund and landis of Blakgrane in pasturing with James Scheill foure new calfit ky price of the pece iiij L x s Summa xviij L — Item thrie stottis and ane quy price of the pece xl s Summa viij L — Item tua forrow ky price of the pece iiij L x s Summa ix L — Item ane yheild kow price thairof iiij L x j — Item tua yheir auld stirkis price of thame baith foure L — Item thrie tua yheir auld quyis price of the pece xl s Summa vj L — Item ane bull price thairof five pund — Item mair in pasturing with James Scot in New Wark ane forrow kow price thairof iiij L x s — Item ane yheir auld stot price thairof xx s — Item tua stottis of tua yheir auldis price of the pece xl s Summa iiij L — Item in pasturing with Johne Martene in Baxholme toun ten yhoung queyes price of the pece ourheid thrie L Summa xxx L — Item aucht oxin price of the pece sex L Summa xlviij Appendix. 449 L — Item thrie ane yheir auld stottis price of the pece xx s Summa thrie pundis — Item in pasturing in the Brwmeknow sevintene drawand oxin price of the pece aucht pund Summa I c xxxvj L — Item vpoune the Manis of Quhytlaw nyne drawand oxin price of the pece aucht pundis Summa Lxxij L — Item vpoune the landis of Bellenden in pasturage with George Nicoll auchtene scoir and sextene outcummit hoggis price of the scoir xj L Summa I c Lxxxxv L and xvj s — Item pasturing vpoune the landis of Bukcleuch and with Symon Nicoll auchtene scoir and sevin outcumint hoggis price of the scoir xj L Summa ij c ij L xvij s — Item in pasturing with William Nicoll in Bukcleuch auchtene scoir and fyftene outcumint hoggis price of the scoir ten pundis Summa I C L xxxvij L x s — Item vpoune the landis of Blakgrane in pasturing with James Schiell tuentie foure [scoir] mylk yhowis with thair lambes price of the scoir ourheid xxj L Summa v c and foure L — Item five scoir and ten kebbis price of the scoir ourheid xvj L Summa L xxxviij L — Item tuentie scoir tua dynmonthis and tupes price of the scoir ourheid xiiij L Summa ij c L xxxj L viij s — Item fyftene scoir and tua outcumit hoggis price of the scoir xj L Summa I C L xvj L ij s — Item vpoune the landis of Catslak in pasturing with Rolland Wilsoun tuentie foure scoir yhowis with their lambes at thair feit price of the scoir xxj L Summa V c iiij L — Item xxxiij yheild yhowis price of the pece xvj s Summa xxvj L viij s — Item xxvj tupes price of the pece xvj s Summa xx L xvj s — Item mair tua dynmont scheip price of thame xxij s — Item vpoune the landis of Glenpyot in pasturing with James Brewhouse fourtene scoir and xvij gymmeris quharof thair is xl gymmeries hes lambes price of the scoir with the lambes xviij L price of the scoir without lambes xv L Summa ij c xxviij L xv s — Item ellevin scoir and ten outcumint hoggis price of the scoir xj L Summa I c xxxij L — Item in pastur- ing in New Wark five tupes price of the pece xv s Summa iij L xv s — Item the said vmquhile Walter had the tyme of his deceis in his girnals of Hassindane the haill teindis of Hassindane and Kaverse collectit be James Scott and of the crope and yheir of God Lxxiij yheiris extending to five scoir and fiftene bollis hepit mele price of the boll thrie L Summa iij c xlv L — Item five scoir and thrie bollis beir price of the boll fiftie s Summa ij c Lvij L x s — Item mair in his girnale of Hawik collectit be Johne Watsoune of the crope and yheir of God foirsaid fiftie thrie bollis and five pekkis mele and xxv bollis and ellevin pekkis malt price of the boll mele and malt ourheid thrie L Summa ij c xl L — Item sawin vpoune the Manis of Branxholme fiftie aucht bollis aittis estimat to the MMM 450 Appendix. thrid corne extending to aucht scoir and fourtene bollis aittis price of the boll with the fodder xxx s Summa ij c , Ixj L — Item mair sawin vpoune the saidis Manis xxj bollis beir estimat to the ferd corne extending to foure scoir and foure bollis beir price of the boll with the fodder fiftie s Summa ij c x L — Item sawin vpoune the Manis of Quhytlaw xxviij bollis aittis estimat to the third corne extending to Lxxxiiij bollis aittis price of the boll with the fodder xxx s Summa Pxxvj L — Item sawin vpoune the Kirkland of Hawik threttene bollis aittis estimat to the thrid corne extending to xxxix bollis aittis price of the boll with the fodder xxx s Summa Lviij L x s — Item mair sawin vpoune the said Kirkland foure bollis peis estimat to the fourt corne extending to sextene bollis peis price of the boll with the fodder fiftie s Summa xl L — Item in vtencilis and domicilis by the areschip estimat to the soume of ane hundreth pundis. Summa of the inventar Iiij m vij c xlij L xix s Followis the Dettis awing to the Deid. Imprimis thair wes awand to the said vmquhile Walter be Williame Douglas of Caveris for the rest of ane thousand merkis foure hundreth and threttie thrie pundis vj s viij d for payment of the quhilk Gilbert Ker of Prymsydloch Andro Ker his sone and apperand air and vmquhile Williame Ker of Yhair wer actit as souirteis for the said vmquhile Walter in the bukis of our souerane lordis counsale — Item be Christiane Douglas Lady Trowis xj bollis victale half beir half malt as for the compositioun of hir teindis of Trowis Hand within the parrochin of Caueris intromettit with be hir for certane yheiris preceding the said vmquhile Walteris deceis price of the boll ourheid foure pund Summa xliiij L — Item be Williame Fawsyd for the rest of the fermes and teindis of the baronie of Ekfurde of the crop and yheir of God Lxxij yheiris fourtene bollis vittale half mele half beir price of the boll ourheid fiftie s Summa xxxv L — Item mair be the said Williame for the ferme and teindis of the said baronie of Ekfurde of the croppe and yheir of God Lxxiij yheiris tuelf bollis vittale half mele half beir price of the boll oerheid foure L Summa xlviij L — Item resting awand be William Quhite of the prices of the vittales sauld to him in the heid of the parochin of Hawik and of the crop and yheir of God Lxxj yheiris fourtie pundis — Item mair be the said Williame of the fermes and teindis of the said yheiris crop intromettit with be him fiftie bollis vittale half mele half malt price of the boll ourheid Lij s Summa I c xxx L — Item be Thomas Yhoung officiar of Appendix. 45 1 Lempetlaw for the Whitsounday and Mertymes male of the landis of Lempetlaw and of the crop and yheir of God Lxxiij yheiris xxxvj L — Item be the said Williame Fausyd for the male of the landis and baronie of Ekfurde of the crop and yheir of God foirsaid fourtie pundis — Item the said vmquhile Walter had gude actioun contrar William Douglas of Cruik Gawine Eliot of Hosliehill and Robert Eliot callit Yhoung Robene for the wrangus spoliatioune and away taking of thair teindis of the landis of Cruik Skelshill Peilbra and Penangushope intromettit be thame for certane yheiris preceding the said vmquhile Walteris deceis extending to the soume of thrie hundreth and threttie thrie pund sex schillingis aucht pennies Summa of the dettis awing to the deid . I M I c xxxix L xiij s iiij d Summa of the inventar with the debtis . V M viij c lxxxij L xij j iiij d Ffollowis tJie Dettis awing be the Deid. Item thair wes awing be the said vmquhile Walter to Gedioun Murray his half bruther for the males of the landis of Glenpoyt of the crop and yheir of God Lxxiij yheiris xxiiij L — Item to S r James Castlelaw preceptor to the sex barnes foundin within our souerane lordis chapell royall of Striveling as for the saidis barnes pairt of Sanct Marie Kirk of Lowis for certane yheiris preceding the xx day of Februar anno Lxxxiij foure scoir threttene pundis vj s viij d — Item to the executouris of vmquhile Maister Johne Rutherfurde by and attoure the five hun- dreth merkis quhilk the landis of Langtoun lyis one tua hundreth fourtie sex pundis xviij s iiij d — Item to Maister Thomas Westoun, advocat as his perticular compt beris subscriuit be the said vmquhile Walter and Dame Mergaret Douglas his spous aucht hundreth and fourtie foure pund x d— Item to Williame More- soun tailyheour for clathis makking as his compt beris xxxv L iij s — Item to Thomas Scott tailyheour in Ed r as his compt beris xlj L xv s iiij d — Item to Jonet Studeman in Hawik for furnesing of the place as the said vmquhile Walteris hand writ beris ane hundreth tuentie tua pundis ij s viij d — Item to Luk Wilsoun for merchandice foure hundreth fourtie nyne pundis xviij d — Item to Adame Lidderdale flescheour in Hawik for flesche to the place tuentie pundis — Item to Hector Wricht smyth in Hawik for schone to the lairdis horse sex L xvij s vj d — Item to Johne Hart cuke in Ed r for his fie tuelf pund xij s — Item to James Hoppringill for his fie tuentie pundis — Item to the laird of Johnestoun for the rest of his tocher gud ane thousand and foure hundreth merkis — Item to 452 Appendix. the Laird of Phairnyhirst for the rest of his tochirgude ane thousand pundis — Item to Maister Williame Lauder conforme to the lairdis obligatioune tuentie pundis — Item to the thrie personis of the Forrest kirk for thair Beltane terme last bipast thrie scoir and sex pundis xiij s iiij d — Item to Johne Scott of Dring- gestoun xxxv L quhilk wes consignit in Johne Watsonis handis be Robert Scott of Over Hassindane for the redemptioune of ane pece land of the said Robertis fra the said Johne and tane furth of the said Johne Watsonis handis be the said vmquhile S r Walter and gevin to his masones — Item to S r Johne Stevinsoune vicar pen- sioner of the Forrest kirk for his pensioune of certane yheris preceding the said vmquhile Walteris deceis conforme to his hand writ and decreit of the commis- saris ef Ed r gevin agains James Murrise vpoune the said vmquhile Walteris precept lxxx merkis — Item awand to William Purves ypothecar threttene pundis xj s — Item to John Richartsoun saidlar tuentie thrie pundis xx ^/quhairof he hes ressavit fra the said laird at Mertymes last bipast tua ky price of thame baith xj L Sua restis de claro awand to him tuelf pund xx d — Item to gled Waltir Scot in Hawik xviij L — Item to Hobbe Diksoun cordiner for buittis and schone sevintene pundis — Item to Wattie Waucht for buttir saip and vthir necessaris furneist be him xxxij L — Item to Robert Scottis wyf in Hawik for sum ordinar dwtie sex pundis — Item to Thome Scot callit Jok Thome sevin L x s — Item to Helene Wigholme for foulis furneist be hir foure L xvij ^ — Item to the porter of Ewisdy r for the rest of the price of ane horse xij L x s — Item to Johne Hendersoun foular for wyld foulis as his compt beris viij L — Item to Geordge Maxwell in Hawik merchand for mer- chandice and furneising of the lairdis seruandis at his command xxviij L vij s — Item to James Clerk in Hawik xiiij L v s — Item to Walter Gledstanes for his fie xiij L vj s viij d — Item to Walter Hassindan for his fie xiij L vj s viij d— Item to Wattie Bouden eldar xiij L vj s viij d — Item to Walter Bouden yhoungar xiij L vj s viij d — Item to Walter Scott of Hassendane xiij L vj s viij d — Item to Johne Gundase xiij L vj s viij d — Item to Hobbe Yhoung xiij L vj jviij d — Item to Mungo Burne xiij L vj s viij d — Item to Dauid Pringle xiij L vj s viij d — Item to Thomas Brunrig cuke aucht pund — Item to Williame Archibaldis brouster sex L xiij s iiij d — Item to James Linlithgw greif xiij L vj s viij d — Item to Adam Achesoun porter aucht pundis — Item to the gardenar sex L xiij s iiij d — Item to the gudman that is the malt maker and his man tuentie pundis — Item to the tasker in the Barn Know thrie L — Item to the watcheman thair xl s Item to sex wemen for ane yheiris fie euery ane xlviij s Summa xiiij L viij s Appendix. 453 — Item to Adam Greife serwand in the brewhouse xl s — Item to Willie Hel- toun Stewart sex L xiij s iiij d — Item to Archibald Boyis foure L — Item to Willie Scott in Selkirk for certane stainyn and furneising of the teindis leding fourtie pundis — Item to Thomas Hendrie in Selkirk for claith furneist to Margaret of the Wallis tuentie pundis — Item to Allane Dennes in Hawik foure pundis — Item to Jonet Fokkert relict of vmquhile Williame Foular burges of Edinburgh ten pundis Summa of the dettis awing be the deid . . . Iiij M iiij c lxxxvij L iiij d Restis of frie geir the dettis deducit .... I M iij c lxxxxv L xij s To be deuidit in thrie pairtis the deidis part is Iiij c lxv L iiij s Quhairof the quot is . . Xxiij L vs Follows the Legac'ie and Latterwill. At Hawik the ellevint day of Aprile the yheir of God I M v° and thrie scoir and fourtene yheris The quhilk day Walter Scott of Branxholme kny' seik in bodie and haill in spirit as apperit maid constitut and ordinit James erle of Mortoun regent to our souerane his realme and liegis &c reular tutour governour and gidar to his barnes and wife and failyheing him Archibald erle of Anguse and vnder thame Johne Johnestoun of that ilk and Johne Cranstoune of that ilk And als maid constitut and ordanit Margaret Douglase his spouse and his barne Mergaret Scott his executouris testamentaris — Item he levis to Johne Watsoun fourtie bollis beir — Item to Willie Hutoun threttie or fourtie pundis as it sail pleis to his said spous and vther freindis and he to serve his wyf befoir ony vtheris — Item he levis to Johne Gledstanes Quhytlaw — Item he levis to Willie of Allanehauch the Kirk- land his awne rowme — Item as to litill Wattie of Boudene he levis that to be done to him at the sicht of freindis and heirupone askit instrument of me notar publict Befoir thir witnessis Doctour Prestoun Adam Diksoun ipothecar Johne Car- michaell of that ilk Walter Scot of Gorlandis Walter Scot of Tuschelaw and Johne Watsoun with vtheris diuerse Sic subscribitur Ita est Thomas Westoun notarius publicus teste manu propria. We Maister Robert Maitland dene of Abirdene Eduard Henrisoun doctour in the lawis Clermont Litill and Alexander Sym aduocattis commissaris of Ed r specialie constitut for confirmatioune of testamentis Be the tenour heirof ratefeis apprevis and confirmis this present testament or inventar in sa far as the samin is 454 Appendix. deulie and lauchfullie maid of the gudis and geir abone specifeit alanerlie And gevis and committis the intromissioune with the samin to the said Margaret Douglas relict of the said vmquhile Walter Scott of Branxholme kny' and Mar- garat Scott his barne and executouris testamentaris to him reseruand compt to be maid be thame of the gudis and geir abone vvrittin as.accordis of the law and the said Margaret Douglas ane of the saidis executouris being suorne hes maid fayth treulie to exerce the said office and hes funden cautioune that the gudis and geir foirsaidis salbe furth cumand to all pairties havand interes as law will as ane act maid thairvpoune beris. No. V. Address presented to His Grace the Duke of Buccleuch, by the Magi- strates and Town Council of Hawick, on the occasion of the opening ot the Water Works at Allan Water, on the 22d September 1865. The Most Noble Walter Francis, Duke of Buccleuch and Queensberry. May it please your Grace, We, the Provost, Magistrates, and Council of the Burgh of Hawick, count our- selves singularly fortunate in having the honour to meet your Grace on an occasion so auspicious as that which your Grace is now about to inaugurate. Having long observed that the former supply of water had become utterly inadequate to the growing wants of the community, and that without a greatly augmented supply, it was impossible to carry out those sanitary improvements which the condition of the town imperatively demanded, the Council's attention has for several years past, been exercised in solving the question how best to obtain an ample supply of pure water, suitable to the domestic and sanitary requirements of the town. After the investigation of various schemes, and the expenditure of much time and money, in ascertaining the practicability and sufficiency of each, their attention was last of all drawn to the Allan Water as a scheme not only practicable in itself, but more likely than any previously considered to furnish a copious and unfailing supply. Appendix. 455 Differing less or more as to the comparative merits of the schemes previously- considered, the Council were unanimous as to the Allan being the best source ; and, as that stream has it rise and entire course through your Grace's lands, they at once resolved to ask your Grace's permission to bring it into the town. No sooner was it represented to your grace that the Allan Water was deemed the best source of supply, then with a munificence and promptness, if possible surpassing all former gifts, your Grace at once consented, and that to on terms so handsome and liberal that the Council could find no words adequately to express their high apprecia- tion of the crowning proof of your Grace's good will to the Burgh, and readi- ness to co-operate with its municipal authorities in promoting the welfare of its inhabitants. Taking advantage of your Grace's generous grant, the Council forthwith took the proper steps for rendering the valuable boon thus placed within their reach available to the town. The necessary surveys and estimates were made, and contracts entered into, and, through the favour of Providence, they have the happiness this day not only of witnessing the successful completion of the works, but, still more, the high gratification of seeing these works opened and set in operation by your Grace's own hand. And now, in the face of heaven, and presence of all these delighted spectators, that beautiful mountain stream, which has for ages wended its solitary course down the vale of the Allan, will by your Grace be turned aside from its hitherto idle and unprofitable course, and sent by your Grace through the reservoir and distributive apparatus to the threshold of each family, where, and as it sparkles along the sides of our streets, it will prove a daily and hourly reminder of your Grace's kindness and goodwill to each inhabitant within the Burgh. Not, however, only for its domestic uses do the Council thank your Grace for the boon this day con- ferred, but also because by means of that boon they will now find it possible to carry out — in a comprehensive and efficient manner — the much required sewerage to the town, a measure with which it is their intention immediately to proceed. Owing its existence as a Burgh to a remote ancestor of your Grace's ancient house. ' Drumlanrig generous donor,' the town of Hawick has in past ages re- ceived many and substantial proofs of the interest taken by the noble House of Buc- cleuch in its progress and prosperity. The Records of the Burgh bear incontestible evidence of this. Intimately associated as your Grace's noble ancestors have been with the the history of the Burgh, and surrounded as it is with your Grace's 456 Appendix. princely domains, it is natural that it should have been and should continue so. Without, however, derogating from the grace or the value of benefits bestowed by former possessors of the Buccleuch estates, the experience of the present Council leads them to regard your Grace as pre-eminently worthy of the title formerly applied to one of your Grace's noble ancestors of being ' The Good Duke.' It will be the duty of the future annalist of the Burgh to record in chrono- logical order, the separate instances of your Grace's benefactions, but it may be allowed to us here briefly to mention one or two more recent instances. Within the last few years the Burgh has been indebted to your Grace for the abolition of the customs ; the grant of a commodious bleaching green ; of ground for public shambles ; and, but for your Grace's ready aid and co-operation, the improvement of Slitrig Crescent, already finished ; the new Bridge over the Teviot ; and ' the Exchange building,' both fast approaching completion, would in all probability never have been attempted. Of all the numerous benefits, however, for which the Burgh stands indebted to your Grace, the Council do not think there is one which will rank higher in the estimation of the inhabitants, or prove more generally useful to them and to their descendants, than the constant and copious supply of good water which your Grace is now about to confer upon them. That your Grace may long ' live ' to ' let live,' and that the amiable relations now so happily subsisting between your Grace and the Burgh may strengthen into an enduring bond of amity and good neighbourhood, is the sincere and earnest prayer of your Grace's much obliged and obedient servants. Signed in name and by authority of the Provost, Magistrates, and Council of the Burgh of Hawick. Geo. WILSON, Provost. No. VI. Address presented to His Grace the Duke of Buccleuch, by the Magis- trates and Town Council of Hawick, at the opening of the Water Works at Dodburn, on the 1st of September 1882. To his Grace, Walter Francis, Duke of Buccleuch and Queensberry. May it please your Grace, We, the Provost, Magistrates, and Council of the Burgh of Hawick, in our own Appendix. 457 name, and in name of the whole community, beg to give your Grace a cordial wel- come to the town of Hawick. With unfeigned pleasure we hail your Grace's presence among us on this auspicious occasion, for the purpose of inaugurating a new and enlarged supply of water for the town. Seventeen years ago, this very month, our predecessors in office had the honour of meeting your Grace on the banks of the Allan Water, when your Grace, cog- nizant of the pressing exigencies of the community, generously made over that mountain stream to the use of the town, and bade its pellucid waters thenceforth flow along the streets of the town, and into the dwelling-houses of its inhabitants. At that time it was thought that the boon of water then so much needed, so generously given, and ever since so highly appreciated, would have met all the requirements of the Burgh for at least a generation to come. When, however, your Grace is informed that the population of the Burgh, then under 10,000, now ex- ceeds 16,000 ; that the valuation of the town, then under £30,000, now exceeds £55,000; and that the municipal constituency, then under 1300, now exceeds 2300, your Grace will not wonder that, with an increase so large, so rapid, and so little anticipated, it should soon have been found to be quite inadequate to meet the growing necessities of the town ; and that if the full benefit were to be derived from the system of under-ground drainage only recently completed, and if adequate provision were to be made for the domestic and other require- ments of the people, a greatly augmented supply of water must be speedily obtained. After due enquiry, and the consideration of different schemes, it was found that the Dodburn, as it enters your Grace's lands, not only afforded the best pre- sent supply, but would admit, without any increase of reservoir accommodation, of that supply being more than doubled, and at moderate cost, by connecting itself with the Priesthaugh and Skelfhill burns, whenever the future requirements of the town should necessitate such extension. No sooner were the wants of the town brought under your Grace's notice than, with a promptitude only exceeded by the liberality of the terms, your Grace gene- rously placed the Dodburn at the service of the town : and the Baronet of Stobs, for his proprietary interest, having also favoured the scheme, the result is now re- presented before your Grace's eyes by that splendid volume of water, covering NNN 458 Appendix. over 20 acres of land, capable of holding over 54,000,000 of gallons ; and, with the Allan, of supplying 60 gallons per head of the present population, and with a pressure capable of throwing the water above the highest elevation of the Burgh. Our predecessors in their address to your Grace at the opening of the Allan Water Works in September 1865, enumerated several memorable instances in which your Grace had in a similar spirit evidenced your practical interest in the welfare of the town. These beneficent acts of your Grace need not now be re- capitulated, as they are held in fresh and grateful remembrance by the inhabit- ants. They meet the eye in every part of the town, and bear daily testimony to the many benefits which the Burgh owes to your Grace. On the present occasion it will, we think, be more gratifying to your Grace to hear the testimony borne by the ancient records of the Burgh, to the manner in which your illustrious ancestors in past centuries co-operated with the Bailies and Councils of these olden times in helping on the progress and welfare of the town, that by the light of these ancient records the present generation may be able to judge, how fully and generously your Grace has interpreted and carried out the tradition of your noble house in its bygone relations to this ancient Burgh. The charter granted by your ancestor James Douglas of Drumlanrig, whose memory is still cherished as ' Drumlanrig, generous donor,' has ever since its date in 1537 been regarded by the inhabitants as the great ' Magna Charta' of the Burgh. When the Committee of Parliament in 1700 levied a contribution on 'the town of Hawick as unfrie traders,' it is recorded that the ' Duchess of Buccleuch and the Bailies' appointed stent masters to levy the same. These records further bear that in 1704 'the Council resolved that Gideon Scott of Falnash (Bailie of Regality for Buccleuch) be spoken to about the help- ing of the dam brigs at the foot of Horsliehill's Wynd and sic like.' In 1 72 1 'when the streets of the town were paved for the first time the Duchess of Buccleuch pays for the pavior, and the inhabitants pay for the material.' In the same year ' the Bailie Depute of Regality compliments the burgh with as much oak as was ane axe tree to the great church bell.' In 1732 'the Council record their regret at the death of Anne, Duchess of Appendix. 459 Bucclcuch, at the age of eighty-one, for more than seventy years the superior of the burgh,' adding that ' her Grace resided occasionally in Hawick, and paid much attention to her poor relations in the neighbourhood.' In 1738 when a bridge was first built across the Teviot, again the town looked, and looked not in vain, for help at Branxholme, and the records bear that ' before the work, which was to cost ,6450, was begun, the Commissioner for his Grace the Duke of Buccleuch granted bond for £250 of the cost' In 1748 the records set forth ' that .£1 was paid in Mr Weir's, the town clerk, when entering the Earl of Dalkeith and other burgesses.' In 1764 it is recorded that when the Duke of Buccleuch pays his first visit to Hawick he is welcomed by the Bailies ' to his ain town of Hawick.' In 1785 the streets are out of order, and the records bear that 'the Council re- solve to have them properly paved, the Duke of Bucclcuch agreeing to pay one half of the expense.' In 1786 a Town Hall is found to be wanted, and the Duke of Bucclcuch con- tributes £100 towards the erection. In 1787 the Duke executes a grant of a piece of ground and water fall, and therein expresses his anxiety to promote the woollen manufacture of the town. In 1792 the streets of the town are again out of repair, and as usual the Bailies and Council look for help to Buccleuch. The expense of paving amounts to ^450, and this sum is defrayed by the Duke of Buccleuch and the Burgh in equal moities. These extracts from the Burgh Records might be multiplied still further, but these may suffice at once to evidence and illustrate the kindly relations that have for centuries subsisted between yourGrace's noble ancestors and the townof Hawick. That these friendly relations have not suffered during the lengthened period your Grace has held the princely possessions and dignities of your illustrious House is amply demonstrated by the numerous proofs of help and good will which the Burgh has in its need from time to time received from your Grace's hands, and by none more so than by that magnificent supply of good water which your Grace is now about to confer on the town. It is our desire, and we know it to be the wish of the community, that the ancient traditions of Buccleuch towards the Burgh as these have been so liberally and faithfully perpetuated by your Grace, should in the future continue on the <\oo Appendix. same friendly footing as they have existed in the past ; and that the amicable re- lations now so happily subsisting between your Grace and the town may ripen into a still stronger bond of reciprocal good neighbourhood ; and that your Grace may long ' live ' to ' let live,' and to adorn the exalted station in which a gracious Providence has placed you, is the sincere and earnest prayer of Your Grace's faithful and obliged servants, (Signed) In name, and by authority of, the Provost, Magistrates, and Council of the Burgh of Hawick, Robert Fraser Watson, Provost, (Burgh Seal.) No. VII. Address by the Hawick Working Men's Building and Investment Society, to His Grace Walter Francis Montagu Douglas Scott, Duke of Buccleuch, &c, &c. May it please your Grace, The Hawick Working Men's Building and Investment Society, while heartily joining with the general community of the Burgh in thanking your Grace for the valuable facilities so generously afforded for obtaining from your Grace's lands a supply of pure water for the large and increasing population of the town, and for so graciously coming amongst us this day to inaugurate the works by which that supply is brought to our doors, embrace this opportunity of respectfully submit- ting to your Grace a short account of the origin and progress of the society, the operations of which have had a most beneficial effect in improving the social con- dition and adding to the comfort and prosperity of a large section of the com- munity, and whose efforts have been materially assisted by the readiness with which your Grace has conveyed to them land for building purposes. In the spring of 1864, some working men, considering that the dwelling-house accommodation of their class was very deficient, and of an uncomfortable descrip- tion, approached a few of the large employers and other influential gentlemen con- nected with the town, who appreciated the necessity of something being done to Appendix. 46 1 improve the character of such dwellings and to stimulate provident and saving habits by encouraging working men to become proprietors of the houses they occupy, and succeeded in forming the society and getting it registered under the Friendly Societies' Acts ; and the following particulars show the success which has attended its operations. Since the formation of the Society in 1864, it has built for its members 235 dwelling-houses, having in most cases a piece of garden ground attached. Of these houses 193 are termed quarter houses, four of them generally being in one block, or under one roof, each having a separate entrance, and containing two or three good sized rooms, the cost of which varies from £90 to £255. Twenty are termed half houses, two being in one block, or under one roof, and each containing from four to seven comfortable rooms, and costing from £300 to £490. Eighteen are single one-storey or one-storey and a-half cottages, costing from £218 to £$17, and four are contained in two double or semi-detached cottages, the cost varying from £360 to £417 for each house. All are substantially built on plans of an approved style, well supplied with gas and water, fitted up with modern sanitary appliances, and affording accommodation and comfort such as is seldom met with in working-men's houses. They have also been the means of creating a demand for a superior class of dwelling, and by inducing private builders to follow the Society's example in erecting such houses, have materially improved the whole accommodation of the working class, and made it quite superior to that generally found in other towns. Sixty-six of these houses have become the absolute property of the members for whom they were built or their successors, the cost thereof, and interest at 5 per cent, having been all repaid to the society. During the eighteen years the Society has been in existence it has expended the sum of £/\ 3,950, 6s. id. in building and acquiring houses for its members. The amount of that expenditure already repaid by members is £20,132, 13s. 9d., leaving £23,817, 12s. 4d. still due by them, and as security for which the Society holds the houses, and the shares of the members to whom they have been allo- cated. The share capital, which has to a large extent been subscribed by the working class, amounts to £5489, 9s. 6d., and yields a dividend of 7^ per cent, and the Society has borrowed, mostly from the same class, £18,793, 4s. 6d., on which it pays from 3^ to 4 per cent interest. Being aware of the old feudal relations which so closely connect this ancient 462 Appendix. Burgh with the noble house of Drumlanrig and Buccleuch, and the great interest your Grace takes in the town and the welfare and prosperity of its busy popula- tion, the society feels sure that the above information regarding its work and progress will be of interest to your Grace. Drawn up by order of a general meeting of the Society held on 31st July 1882, approved by the directors of the Society at their meeting on 29th August 1882, and at their request signed by D. PRINGLE, President. Walter H ADDON, Secretary. No. VIII. ADDRESS presented to their Graces the DUKE and DUCHESS of BUCCLEUCH, at the Opening of the Buccleuch Memorial on the 14th of April 1887. To their Graces the Duke and Duchess op Buccleuch. May it please your Graces, We, the subscribers to the Buccleuch Memorial and Institute of Science and Art at Hawick, desire to thank you for your presence at its opening ceremony. The building to be declared open has been erected at the desire of a large num- ber of the inhabitants in order to perpetuate the memory of the late head of your House ; and it has been, as the inscription on its portals sets forth, 'Erected to commemorate the many kindly acts of Walter Francis, Duke of Buccleuch, to the town of Hawick.' It was thought that the esteem in which the late Duke was held in this town would be more appropriately commemorated by something of a substantial and useful character, in accordance with his Grace's own wish, rather than by a purely ornamental or monumental structure, and after due de- liberation this took the form of the present building, which, while outwardly proclaiming its primary meaning and intention as the Buccleuch Memorial, not inappropriately connects the past with the present by its internal dedication to archaeology on the one hand, and to science and art on the other. Nor should it be omitted to note that the late Duke's memory will be further perpetuated by Appendix. 463 his portrait, which fills the place of honour in the hall set apart as a museum. It only remains to add that the building has been erected at a cost of over ^3000, and that the wish of the subscribers to give it an educational utility as well as a memorial character has been fully carried out by the architect, as may be seen in its spacious lecture rooms ; and as there are now over 200 students of science and art in the Burgh ready to take possession, the institute will at once enter on a career of usefulness and activity well in keeping with the practical energy which characterised him to whose revered memory it will henceforth be dedicated. In again thanking your Graces for your presence on this occasion, we desire to add our prayer that you may long be spared to adorn your high position, and to exemplify the motto of your noble house, ' Live and let live.' (Signed) On behalf the subscribers, Robert Fraser Watson, Provost. INDEX. Acts of Parliament, — forbidding extravagance in dress, 74 — prohibiting football and golf, 74 — for the preservation of game and the destruction of birds and beasts of prey, 75 — for the defence of the kingdom, 71, 72, 73, 298 — for the regula- tion of the liquor traffic, 289. Albany, Duke of, Regent of Scotland, 54, 57 — his ' Fuil Raid,' 59. Alexander, Duke of, invades Scotland, 78 — killed at Paris, 113 — John, Duke of, made Regent of Scotland, 113 — his return to France, 114, •3'- Alexander III., Death of, 26, 27 — Thomas of Ercel- doune's prophecies, regarding, 26 — vision at his marriage festivities, 27, 28— does homage to Edward I., 29. Ancrum Woodhead, pillage of, 234. Angus, Earl of, 73 — rebels against James III., 78 — at the battle of Flodden, 92. Earl of, marries Queen Margaret, 113 — obtains possession of the King, 132, 136 — made Warden of the east and middle Marches, 133 — seeks refuge in England, 142 — returns to Scotland, 159 — fights against the English at Penielheugh, 169 — one of the trustees for Sir Walter Scott, 231. Angles invade Teviotdale, 8, 12. Anne, Countess of Buccleuch and Duchess of Mon- mouth, her birth, 309 — her marriage, 324 — notices of her by contemporary writers, 325, 335 — her last meeting with her husband, 339 — her second marriage, 342 — enlarges Dalkeith House, 344 — her death, 350. Armstrong, Johnnie, of Gilnockie, 146 — ballad of, 149^ Armstrong, Hector, 219, 221. clan of, its power, 118 — raids by, 140 — con- tempt of authority, 144 — James V. punishes, 147 — in league with England, 168 — Regent Murray proceeds against, 211 — partisans of Queen Mary, 215 — at the Reidswire, 240 — attack Haltwhistle, 263 — Penrith, 266 — depredations committed by, 312. Arran, Governor of Scotland, 18 1. James VI. under the influence of, 248. Artillery, first mention of, in Scotland, 73. Auld Brig, antiquity of, 21 — commemorative poem on, 22. OO Baliol, John de, crowned King of Scotland, 29. Edward, claims the Crown, 36 — defeated at Annan, 36 — is reinstated by Edward III., and swears fealty to him, 38. Battle of Degsastan, 12, 13. Bannockburn,32. • Halidon Hill, 37. Durham or Neville's Cross, 42, Otterburn, 51. Homildon, 55. Arkinholm, 69. Lochmaben, 78. Flodden, 88, 94. Ancrum Moor, 169. Pinkie Cleuch, 175. Langside, 210. Auldearn, 307. Dunbar, 309. Bothwell Brig, 328. Sedgemoor, 336. Beacons, 71 — lighted at the false alarm, 385. Berwick sacked by Edward I., 30 — besieged by Edward III., 37 — by the Duke of Albany, 59. Bothwell, Earl of, appointed to the Lordship o( Liddesdale, 123 — killed at Flodden, 125. James, Earl of— his proposals to Somerset, 176 — sent to maintain order in Liddesdale, 207 — Queen Mary's visit to him, 207 — his marriage to the Queen, 208. — — Francis Stewart, Earl of — receives a grant of the Earldom, 248 — his rebellious exploits, 249 — his death, 250. Bountree or Bourtree, 298. Braidlie, Elliot of — depredations committed by, 202, 203, 204, 209, 246. Branxholme in possession of the Lovels, 20 — grant to St Andrews, 20 — lands of, granted by Robert Bruce to Henry Baliol, 32 — afterwards to the Murrays of Strathearn, 62 — in possession of Sir William Inglis, 62 — exchanged for the lands of Murthockstone, belonging to Robert Scott of Rankilburn, 62, 63, 65 — built by Sir Walter Scott, 67 — additions made to, by Sir David Scott, 77 — burned by the English, 164 — Scott empowered to hold courts at, 181 — the body of Sir W. Scott, after his murder, brought to, 182 — retainers kept at, 186, 187 — bringing the fray to, 195— destroyed by the O 466 Index. English, 225 — rebuilt, and inscriptions on, 230 — Lord Scott died at, 267 — in the time of Walter, second baron of Buccleuch, 269 — library at, 269 — Earl Francis at, 313 — banquet to Duke Walter Francis at, 410 — the Duke at, 423. Branding offenders, 288. Broomhouse, Tower of, burned, 168. Bruce, King Robert, 32 — his desire to establish peace with England, 35 — his death, 35. Buccleuch, origin of the name of, 64 — became the territorial title of the Scotts, 67 — burning of the Manor of, 77. Lady, rode at the head of the clan, 182 — mentioned in the ' Lay of the Last Minstrel,' 183. Memorial in Hawick, 426. Memorial in Edinburgh, 429. Bull-baiting in Hawick, 358. Buyse, Anthony, 336, 337. Caithness, Bishop of, consecrates St Mary's church, 18 — his murder, 19 — confiscation of the estates of the Earl of, 19. Camps or hill forts in Upper Teviotdale, 6. Carey, Sir Robert, 262— his raid into Liddesdale, 263. Carpet weaving in Hawick, 372, 373. Catrail, description of, 4. Catslack, Tower of, burned, 180. Cavers, Lady, her imprisonment and exile, 333. Chapel-hill forts, description of, 6. Charles I., letter from, to Buccleuch, 278 — struggle with the Covenanters, 302-3. Charles II. proclaimed King in Scotland, 308 — his restoration, 317 — -touching for the cure of disease, 319 — letters to the Countess of Wemyss, 322-3 — his grants to the Duke and Duchess of Buccleuch and Monmouth, 324-5 — his partiality for Mon- mouth, 334. Charles, fourth Duke of Buccleuch, 389 — his benevo- lence, 393 — his correspondence with Sir Walter Scott, 394 — his kindness to the Ettrick Shep- herd, 397— his death, 401. Cock-fighting in Hawick, 358. Cocklaw Castle, siege of, 56. Common, lands granted to Hawick, 108 — division of, 345. 379- riding, loo — flag, 100 — songs, 101-105. Cornwallis, Lord, 342. Covenanters on the Borders, 303, 308, 329, 333. Cromwell in Scotland, 309 — grants a charter of the lands of Whitlaw, 310 — horses stolen from his camp on the Borders, 311 — letter to Sir William Scott of Harden, 315, Curse pronounced against the Border outlaws, 134. Debateable Lands, division of, 190. Dacre, Lord, raids on the Borders by, 97, 99 — attack on Jedburgh by, 130 — account of a foray on his lands, 140. David II. his marriage, 35 — sent to France, 37 — his return, 38 — invades England, and is taken prisoner, 41 — his ransom, 42 — his death, 46. Dalkeith Castle, 50 — prisoners detained in after the Reidswire Raid, 239 — purchase of, for Francis, Earl of Buccleuch, 300— taken possession of by Cromwell, 309 — General Monk residing in, 316 — restoration of Charles II. planned at, 317 — renovated and enlarged, 344— chief residence of the Duchess of Monmouth, 349 — George IV. at, 405 — Queen Victoria at, 415. Douglas, Sir James, takes Roxburgh Castle, 33 — defeats an English force at Linthaughlee, 34 — entrusted by King Robert Bruce with the mission of taking his heart to the Holy Land, 35 — is killed by the Moors, on his way to the East, 36. Douglas, Sir William, the knight of Liddesdale taken prisoner by the English in Annandale, 37 — his return to Scotland, and his military achievements, 39 — seizes Sir Alexander Ramsay at Hawick, and starves him to death in Hermit- age Castle, 39 — makes a raid into Cumberland, 41 — urges King David to retreat before the battle of Durham, 41. Douglas, Earl of, his military skill, his raids into England, 48, 49 — his victory and death at the battle of Otterburn, 51, 52 — his interment in Melrose abbey, 52 — his descendants, 53. Douglas, Sir Archibald, of Cavers, at the battle of Otterburn, 52 — appointed bailiff of Liddesdale, and keeper of Hermitage Castle, J I. Douglas, Sir William, of Drumlanrig, receives a grant of the barony of Hawick, 53 — storms the Castle of Jedburgh, 57 — attacks and burns the town of Roxburgh, 58 — took part in the siege of Roxburgh, 75— killed at Lochmaben, 78. Douglas, Earl of, beheaded at Stirling Castle, 69. Douglas, Earl of, his flight to England, 69— taken prisoner at Lochmaben, 78. Douglas, Gawain, Bishop of Dunkeld, 81. Sir James, of Drumlanrig, 78. Sir William, killed at the battle of Flodden, 96. Sir James, grants charter of the Burgh lands of Hawick, 108, 144 — one of the commis- sioners at the division of the Debateable Lands, 19'- „ , Douglases of Drumlanrig, adherents of the King s party, 211, 215, 223 — taken prisoners in a skir- mish near Edinburgh, 228— obtain possession of Howpaslot, 273— quarrel with Douglas of Cosh- ogle, 276. Douglas of Cavers, signs the ' Covenant,' 302— joins the army of the Covenanters, 303 — removed from his office of Sheriff of Teviotdale, 333. , Dryburgh Abbey burned by Richard II., 49— plun- dered and defaced, 163, 173. Index. 467 Edward I., 29— invades Scotland, 30, 31. III. defeats the Scots at Halidon Hill, 37 — asserts a claim to the feudal superiority of Scotland, 42 — letters of safe conduct granted by, 43 — Teviotdale in his possession, 42, 46 — last invasion of Scotland by, 46. VI., Borderers swear allegiance to, 176. Elizabeth, Queen, 202, 203, 214, 220, 221, 244, 254, 259, 261. Elizabeth, Duchess of Buccleuch, 364, 370. Elliots, Clan of, 118 — feuds with the Scotts, 202, 204, 246 — seek the protection of England, 203, 205 — at the Reidswire, 240— pillage Wauchope and Appotsyde, 264, 265. Elliot, Robert of Redheugh, 186 — deputy-keeper of Hermitage Castle, 203 — surety for reputed thieves, 237 — complains of the thieves, 246— plot to murder Buccleuch, 270, 271. Sir Gilbert, of Stobs, 314, 316. Evre or Eure, Sir Ralph devastates the Scottish Border, 163, 168— killed, 170. Fernihirst castle stormed, 130— English rebels enter- tained at, 219, 220 — stormed and destroyed, 222. Flodden, battle of, causes which led to, 84-86 — description of, 88, 94— results, 96. Flood in the Slitrig, Hawick inundated, 370. Ford Castle taken, 88. Francis, Earl of Buccleuch, 300 — in the army of the Covenant, 304 — opposes Cromwell, 309 — ad- ministers Border affairs, 312 — his death, 313 — second Duke of Buccleuch, 353 — his interest in Hawick, 360— his death, 362. France, Alliance with, 48, 86— troops sent from, 131 — alliance comes to an end, 236 — alarm of invasion from, 383. Gledstanes of Coklaw, 56, 57, 212— at the raid of the Reidswire, 242, 246. of Whitlaw, 187 — his lands, 245, 296 — killed at the battle of Auldearn, 308 — charter in favour of, by Oliver Cromwell, 310 — joins the Jacobite army, 356. town clerk of Hawick, 356, 375. Goldilands, tower of, 156, 243. Walter Scott of, 240, 243. Granton, the harbour of, 412. Grey, Lord, on the Borders, 177, 180. of Wark, accompanies Monmouth's flight, 336. Greyfriars Churchyard, Covenanters confined in, 331. Harden, Wat O', 199 — implicated in Bothwell's rebellions, 251 — at the rescue of Kinmont Willie, 254— administrator for the Earl of Buc- cleuch, 269, 300 — Sir William Scott of Harden ' defeats Montrose, 305 — trustee for the Countess of Buccleuch, 315, Hawick, etymology of the name of, 8 — antiquity of, 12 — first mention of, in literature, 14 — first barons of, 20, 32 — barony of, granted to Douglas of Drumlanrig, 53 — burnt by the English, 59— again, 178— thieves apprehended and executed in, 200 — Queen Mary passes through, 207 — the Warden receives assurances at, 212 — burned, 224 — attacked by Lord Ruthven, 230 — description of 296, 297 — Covenanters in, 329 — in possession of the Duke of Monmouth, 346 — Jacobites in, 354> 35^ — old customs in, 359, 361 — Duke Henry's first visit to, 366 — inundated, 374— the trade of, 370, 417 — demonstration in honour of the Duke of Buccleuch, 422 — Buccleuch Me- morial erected in, 426 — public buildings, etc. , 430. Henry VIII., his aggressions on the Borders, 97, 157, 159, 161, 167, 171, 190 — his death, 174 — his last wishes regarding Scotland, 175. Henry, Third Duke of Buccleuch, travels with Dr Adam Smith, 363— his eccentricities, 365-367 — his literary tastes, 366 — raises a regiment at his own expense, 367 — inherits the Dukedom of Queensberry, 369 — his character, 369 Hermitage Castle, Sir A. Ramsay starved to death in, 40 — Sir Archibald Douglas, keeper of, 71 — Sir David Scott, keeper, 76 — repaired, etc., 77 description of, 115, 117 — exchanged for Both- well Castle, 125 — Earl of Bothwell offers to deliver it up to the English, 176— Queen Mary's visit to, 207 — granted to Sir Walter Scott, 251. \ Heron, of Ford, 84 — Lady Heron, 88. I ■ Sir John, keeper of Tyndale, 239. Hertford, invades Scotland, 161 — destroys the Border Abbeys, 163 — raids on the Borders, 171 — made Duke of Somerset, etc, 175 — again invades Scotland, 176 — repairs Roxburgh Castle, 176. Hogg, James, the Ettrick Shepherd, 397— poem by, 399 — his gratitude to the Duke of Buccleuch, 401. Home, Lord, 176, 217, 226. Hornshole, exploit at, 98. Hosiery, manufacture of, established in Hawick, 373 — development of, 418. Howpaslot, the sheep maimed on, 273, 274. Hume Castle, taken by Somerset, 176 — by Sussex, 227. Hume, Alexander, accused of having taken part in the siege of Hawick Castle, 331 . Hunsdon, Lord, his depredations on the Borders, 222, 224. Inkle manufacture, 372. Jacobite rebellions, 354, 355. James I. captured by the English, 58 — return to Scotland, 67 — his murder, 68. James II., 69 — his wars with the Douglases, 69 — killed at the siege of Roxburgh Castle, 75. James III., 78, 80. 468 Index. James IV., 86 — his popularity, 87, 94 — his death at the battle of Flodden, 93. James V., 114, 127, 136— attempt to rescue him from the power of the Earl of Angus, 138 — makes his escape, 141 — proceeds against the Borderers, 145, 152 — war with England, 158, 159 — his death, '59- James VI., 248 — attacks on his person by Bothwell, 240 — his favours to Buccleuch. 251, 252, 263, 266 — his plan of reform for the Borders, 272. James, Earl of Dalkeith proclaimed king, 351, joins the army, 352 — his death, 353. Jedburgh Abbey, vision appeared in, 28 — stormed and defaced 130, 136. Castle, taken by Edward I., 30 — stormed by Sir W. Douglas, 57 — razed, 57. Town of, burned by Sir Robert de Umfraville, 58 — again burned, 59 — burned by the Earl of Surrey, 128, 130, 163 — Queen Mary holds a court at, 205 — her illness, 207 — Regent at, 219, 222 — attack on, 229 — goods taken at the Reidswire to be delivered up at, 245— muster of volunteers at, 386. Jock o' the Syde, 217, 219. Kelso Abbey, burned, 163 — besieged and taken, 173. Ker of Cessford, 126 — killed near Melrose, 138, 188, 200, 311. of Fernihirst, 1 89 — an adherent of Queen Mary, 215, 221, 234 — his estates confiscated, 235. Kers, feud of the, with the Scotts, 139, 180 — murder of Sir Walter Scott by, 181 — measures taken to staunch the feud, 179, 189, 202. Kinmont Willie, ballad of, 254 — at Stirling, 248 — at Edinburgh, 262. Langlands, of that Ilk, slays a monk, 80. James surety for the tenant of the Reughheugh Mill, 247. Laws for the defence of the Borders, 71 — sumptuary laws, 74. Latoun, Sir Brian, ravages the Borders, 163, 168 — killed at Ancrum Moor, 1 70. Lennox, Earl of, 138. Regent shot at Stirling, 228. Duke of, 251, 258. Lesley, Bishop of Ross, J 17. Leven, a haunt of outlaws, 120. Liddesdale, description of, 115, 119, 125, 140, 144. Linlithgow Palace, vision in, 87. Lovels, settlement in Teviotdale, 19— their English estates, 20 — hold the barony of Hawick, 12 — patrons of the church of St Mary's, 25— lose their lands in Hawick and Branxholme, 32, 37. Lovel, Henry, grants lands to St Andrews, 20 — witness to a charter, 20. Sir Robert, one of the representatives of Alex- ander III., 21. Richard does homage to Henry III., 21. Lovel, Maurice, Parson of Cavers, 30. Richard receives a grant of land in old Rokis- burgh, 33 — Barony of Hawick restored to, 43- James, 44— disappearance of the family from Teviotdale, 45, Lyon, Matthew, 406. Margaret, Queen, consort of James IV., 85 — ap- pointed Regent of Scotland, 112 — marries the Earl of Angus, 113 — her correspondence with the Earl of Surrey, 127. Mary, Queen of Scotts, Henry VIII. seeks her in marriage for his son, 159— carried off to Stirling castle, 160 — her return from France, 193 — her marriage to Lord Darnley, 203 — at Jedburgh, 205, 208 — her visit to Hermitage, 207 — her marriage to Bothwell, 209 — her flight to Eng- land, 210 — plot to restore her to power, 216 — her adherents on the Borders, 217. Mary, Countess of Buccleuch, 314 — her early marri- age, 316 — her delicate health, 317 — goes to London to be touched by Charles II., 319 — her death, 320. Melrose Abbey burned by Richard II., 49 — Earl Douglas interred in, 52 — lands belonging to, 407 — Chartulary of, 416. Skirmish at, 138 — Lord of Buccleuch appointed bailie of, 187. Mercat Cross, proclamations at, 200, 229, 244, 245 — offenders pilloried on, 287 — removed 358. Minto Craigs, 123, 143. Moffat Wells, 318. Monmouth, Duke of, 324 — Commander of the King's troops at Bothwell Brig, 328— his popularity, 335, 340 — his rebellion, 335, 336 — his defeat at Sedgemoor, 336 — his capture, 337 — his execu tion, 339, 351. Monk, General, at Dalkeith castle, 316— his march to London, 317, Montrose, Marquis of, 305, 307. Mote or Moat of Hawick, description of, 9. — its name, II— Pagan ceremonies associated with, 13 Willie of the, 187. Morton, Regent, 231, 236, 244. Murray, Regent, 210 — proceedings against the Lid- desdale thieves, 2C0, 210, 213— against the En- glish rebels, 220, 221. Norfolk, Duke of, 158, 216. Norham Castle besieged by James IV., 88. Northumberland, 141, 142 — raids on the Scottish Border, 154 — Earl of, imprisoned at Lochleven, 219. Countess of, her flight with the rebels, 216 — her escape to France, 219. Newark Castle, 132, 177, 181, 278, 305, 309. Newcastle, siege of, 304. Index. 469 Pf.nd houses, 178, 296, 357, 430. Percy, Henry, or Hotspur, trophy taken from, 50 — taken prisoner at Otterburn, 52 — at Coklaw, 55 his death, 57. Pestilence in Scotland, 245, 294. Poker Club, 366. Postal system, first extended to Hawick, 359. Priesthaugh Well, 291. Queensberry, Earl of, 304, 344 — his proposal to divide Hawick Common, 345 — brings an action against the Bailies of Hawick, 345. Duke of, 348, 353, 388, 391. Ramsay, Sir Alexander, his brilliant exploits, 39 — his murder, 40. Rankilburn, one of the oldest possessions of the Scotts, 62, 66, 67. Reidswire, raid of, 238, 239, 244, 245. Richard II. invades Scotland, 49. Riot at the setting of the fair at Hawick, 345. anti-catholic at Edinburgh, 368. Robert II., 46 — his efforts to maintain peace with England, 47, 50 — his death, 54. Robert III., his seclusion, 54 — death, 58. Roxburgh Castle taken by the English under Edward I., 30 — taken from the English by Sir James Douglas, 33 — delivered to Edward III. by Ed- ward Baliol, 38 — surprised and taken by Sir Alexander Ramsay, 39 — Sir Robert Umfraville appointed keeper of, 58 — besieged by the Duke of Albany, 59— James II. killed at, 75 — dis- mantled, 76 — repaired and strengthened, 176. Satchells, Scot of, his chronicle, 64, 66— his opinion of the Liddesdale clans, 118 — the re- tainers of Buccleuch, 187 — the rescue of Kin- mont Willie, 255 — of the fame of the Earl of Buccleuch, 277 — his opinion of Earl Francis, 301 — laments the absence of the Duchess of Mon- mouth, 342. Scotts of Buccleuch, first settlement in Teviotdale, 62 their early history, 65. Scott, Sir Walter, receives grants of land in Eckford, 60 — Whitchester, 70 — his death, 76. Sir David, 77, 78. Sir Walter, 79, 96, 132 — at feud with Ker of Cessford, 126 — attempt to rescue James V. from Angus, 138— raid to kill or take him prisoner, 155 — accused of assisting the English, 157 — enmity of the English directed against, 164, 168 — at Ancrum Moor, 169— renewed attempts against 177 — his murder, 181. Sir William, of Kirkurd, 185, 186. Sir Walter, 188, 189, 212 — a partisan of Queen Mary, 217— makes a raid into Northumberland, 221— destroys his Castle of Branxholme, 225 — taken prisoner at Stirling, 228 — makes an attack on Jedburgh, 229 — Warded in Doune Castle, 230 — his death, 230, 231. Scott, Sir Walter, 247 — appointed keeper of Liddes- dale, 250 — his banishment to France, 251 — rescues Kinmont Willie, 252-259— raids into England, 259 — meets Queen Elizabeth, 261 — powers vested in, 265 — created Lord Scott of Buccleuch, 266 — his campaign in the Nether- lands, and his death, 267. Lord, of Buccleuch, his life at Branxholme, 269 — his escape from assassination, 271 — his wars in Holland, 276 — created Earl of Buccleuch, 179 — his death and funeral, 282. Walter, of Highchesters, his marriage to the Countess of Buccleuch, 316 — created Earl of Tarras, 320. Sir Walter [Author of Waverley], 384, 386, 393 — correspondence with the Duke of Buc- cleuch, 394, 396 — poem on the football match at Carterhaugh, 399 — correspondence with Lord Montagu, 400, 403 — superintends the repair of Melrose Abbey, 407 — speech at the majority of the Duke of Buccleuch, 409. Schools, foundation of, in Hawick, 286 — sports, 358 — built and maintained by the Duke of Buccleuch, 411, 417, 420. Scrope, Lord, 253, 257, 259. Smith, Dr Adam, 363. Soulis, Lord, 116. St Mary's Church, built, 16— consecrated, 18 — the Scotts interred in, 76, 267 — suicide in the steeple, 273 — rebuilt, 357, and 420. St Mary of the Lowes, 182. Steam power, first used in Hawick, 419. Surrey, Lord, Commander of the English army at Flodden, 94 — invades Scotland and burns Jed- burgh, 128, 130. Sussex, the Earl of, his depredations on the Scottish Border, 222-227. Telfer, Jamie, Ballad of, 195. Teviot river, its length and tributaries, 2 — thieves drowned in, 200 — changes on its banks, 431. Teviotdale, ancient extent and population, 1-7 — hill forts in, 6 — invasion of, averted, 34 — in posses- sion of Edward III., 42, 46 — recovered from the English, 47 — granted to the Percys, 55 — raids in, 97, 98, 155, 158 — laid waste, 163, 166, 168, 173 — Covenanters in, 329 — changes in, 370, 430. Touching by the King for the cure of disease, 319. Tower in Hawick erected, 20 — granted to Douglas of Drumlanrig, 79, 107, 224— siege of, by the Covenanters, 329 — Jacobite leaders at, 354 — only roof in Hawick covered with slate, 357 — converted into an inn, 377. Tweeds, origin of the name of, 419. ' Tyr-ye-bus,' Hawick Slogan, 13, 105, 107, n 1. 47° Index. Umfraville, Sir Robert de, 58, 59. Vienne, Sir John de, Admiral of France, 48. Walter Francis, fifth Duke of Buccleuch, 403, 408, 409 — builds Granton harbour, 411 — his politics, 413 — his liberality, 417, 420, 427— his death, 428. Wallace, Sir William, 31. Wanlockhead mines, 411, Wark Castle, 88, 131. Weaving, early notices of, 370. Wemyss, Countess of, 315, 317, 322, 324. Witchcraft, belief in, 290. York, Duke of, 329, 334 WII.UAM CRAWFORD PRINTER 15 QUEEN STREET, EDINBURGH. H ssifilif RETURN TO the circulation desk of any University of California Library or to the NORTHERN REGIONAL LIBRARY FACILITY Bldg. 400, Richmond Field Station University of California Richmond, CA 94804-4698 ALL BOOKS MAY BE RECALLED AFTER 7 DAYS • 2-month loans may be renewed by calling (510)642-6753 • 1 -year loans may be recharged by bringing books to NRLF • Renewals and recharges may be made 4 days prior to due date. DUE AS STAMPED BELOW SENT ON ILL nm Sill imm AP" 2 8 ?Q00 U. C. 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