Marches, in room of Sir John Carmichael, murdered by the Armstrongs. Lord Maxwell was therefore prohibited to approach the Border counties; and having, in contempt of that mandate, excited new disturbances, he was confined in the castle of Edinburgh. From this fortress, however, he contrived to make his escape; and, having repaired to Dumfries-shire, he sought an amicable interview with Johnstone, under a pretence of a wish to accommodate their differences. Sir Robert Maxwell, of Orchardstane, (mentioned in the Ballad, verse 1,) who was married to a sister of Sir James Johnstone, persuaded his brotherWith Buc-in-law to accede to Maxwell's proposal. The following relation of what followed is taken from an article in Shawfield's MS., mentioned in the introduction to the ballad called Kinmont Willie : all mortals, saving his loyalty. Thus, the most powerful and respectable families in Dumfries-shire, became, for a time, the vassals of Lord Maxwell. This secret alliance was discovered to Sir James Johnstone by the Laird of Cummertrees, one of his own clan, though a retainer to Maxwell. Cummertrees even contrived to possess himself of the bonds of manrent, which he delivered to his chief. The petty warfare betwixt the rival barons was instantly renewed. Buccleuch, a near relation of Johnstone, came to his assistance with his clan, "the most renowned freebooters, [says a historian] the fiercest and bravest warriors among the Border tribes." cleuch also came the Elliots, Armstrongs, and Græmes. Thus reinforced, Johnstone surprised and cut to pieces a party of the Maxwells, stationed at Lochmaben. On the other hand, Lord Maxwell, armed with the royal authority, and numbering among his followers all the barons of Nithsdale, displayed his banner as the King's lieutenant, and invaded Annandale at the head of 2000 men. In those days, however, the royal auspices seem to have carried as little good fortune as effective strength with them. A desperate conflict, still renowned in tradition, took place at the Dryffe Sands, not far from Lockerby, in which Johnstone, although inferior in numbers, partly by his own conduct, partly by the valour of his allies, gained a decisive victory. Lord Maxwell, a tall man, and heavily armed, was struck from his horse in the flight, and cruelly slain, after the hand, which he stretched out for quarter, had been severed from his body. Many of his followers were slain in the battle, and many cruelly wounded, especially by slashes in the face, which wound was thence termed a "Lockerby lick." The Barons of Lag, Closeburn, and Drumlanrig, escaped by the fleetness of their horses; a circumstance alluded to in the following ballad. This fatal battle was followed by a long feud, attended with all the circumstances of horror proper to a barbarous age. Johnstone, in his diffuse manner, de scribes it thus; "Ab eo die ultro citroque in Annandia et Nithia magnis utriusque regionis jacturis certatum. Cœdes, incendia, rapinæ, et nefanda facinora, liberi in maternis gremiis trucidati, mariti in conspectu conjugum suarum ; incensæ villæ ; lamentabiles ubique querimoniæ, et horribiles armorum fremitus."JOHNSTONI Historia, Ed. Amstæl. p. 182. John, Lord Maxwell, with whose Goodnight the reader is here presented, was son to him who fell at the battle of Dryffe Sands, and is said to have early avowed the deepest revenge for his father's death. Such, indeed, was the fiery and untameable spirit of the man, that neither the threats nor entreaties of the King himself could make him lay aside his vindictive purpose; although Johnstone, the object of his resentment, had not only reconciled himself to the court, but even obtained the wardenry of the Middle "The simple truth and cause of the treasonable murther of umquhile Sir James Johnstoun of Dunskellie, knight, was as after follows. To wit, John Lord Maxwell having dealt and useit his best means with some nobilemen and baronnes within the cuntrey, and likeways with sundrie of the name of Maxwell, being refused of them all to be partakers of so foull ane deed; till at last he unhappily persuaded one Charles Maxwell, one of the brether of Kirkhouse, to be with him, and having made him assuired to be pairtner in that treasonable plot: therefore, taking advantage of the weakness and unhabilitie of umquhill Sir Robert Maxwell of Orchyardtoun, knight, presuming that he had power of the said Sir James, being brother-in-law to him, to bring him to anye part he pleased; Maxwell, pretending he had special busines to do with Sir James, hearing he was going from the court of England, so gave out by reasoun he was the king's rebell for the time, for breaking weird out of the castle of Edinburgh, that he had no other houpes to obtaine the King's favour but be his meanes. So upon this pretence, the said Sir James was moved to meet him at Auchnamhill, near by Arthorstane, without the house of Bent, upon the 6th Aprile, 1608, with one man onlie with him as was with the uther, therselves two onlie and the forsaid Sir Robert Maxwell with them, and their servantes being a little off. The forsaid Charles falls out with opprobrious and malicious speeches to Sir James his servant, William Johnstoune of Gunmenlie, and before he was aware shott him with ane pistoll. Sir James hearing the shott and his man's words, turning about to see what was past, immediatelie Maxwell shott him behind his back with ane pistoll chairgit with two poysonit bulletts, at which shott the said Sir James fell from his horse. Maxwell not being content therewith, raid about him ane lang tyme, and persued him farder, vowing to use him more cruelly and treacherouslie than he had done, for which it is known sufficiently what followed.""A fact," saith Spottiswoode," detested by all honest • "Inter accolas latrociniis famosos, Scotos Buccleuchi clientes-fortissimos tribulium et ferocissimos."-JOHNSTONI Historia, Ed. Amstol. p. 482. The lady mentioned in the ballad, was sister to the Marquis of Hamilton, and, according to Johnstone the historian, had little reason to regret being separated from her husband, whose harsh treatment finally occasioned her death. But Johnstone appears not to be altogether untinctured with the prejudices of his clan, and is probably, in this instance, guilty of exaggeration; as the active share taken by the Marquis of Hamilton in favour of Maxwell, is a circumstance inconsistent with such a report. men, and the gentleman's misfortune severely lament- | wards reversed, and the honours and estate were ed, for he was a man full of wisdom and courage.' conferred upon the brother of the deceased.-LAING'S SPOTTIS WOODE, Edition 1677, pp. 467, 504. JOHN- History of Scotland, vol. i. p. 62.-JOHNSTONI HisSTONI Historia, Ed. Amstæl. pp. 254, 283, 449. toria, p. 493. Lord Maxwell, the murderer, made his escape to France; but having ventured to return to Scotland, he was apprehended lurking in the wilds of Caithness, and brought to trial at Edinburgh. The royal authority was now much strengthened by the union of the crowns, and James employed it in stanching the feuds of the nobility, with a firmness which was no attribute of his general character. But in the best actions of that monarch, there seems to have been an unfortunate tincture of that meanness, so visible on the present occasion. Lord Maxwell was indicted for the murder of Johnstone; but this was combined with a charge of fire-raising, which, according to the ancient Scottish law, if perpetrated by a landed man, constituted a species of treason, and inferred forfeiture. Thus the noble purpose of public justice was sullied by being united with that of enriching some needy favourite. John, Lord Maxwell, was condemned, and beheaded, 21st May, 1613. Sir Gideon Murray, treasurer-depute, had a great share of his forfeiture; but the attainder was after Thus was finally ended by a salutary example of severity, the "foul debate" betwixt the Maxwells and Johnstones, in the course of which each family lost two chieftains; one dying of a broken heart, one in the field of battle, one by assassination, and one by the sword of the executioner. It seems reasonable to believe, that the following ballad must have been written before the death of Lord Maxwell, in 1613; otherwise there would have been some allusion to that event. It must therefore have been composed betwixt 1608 and that period. [Lord Byron refers to this ballad, as having suggested the Goodnight in the 1st Canto of Childe Harold. See Life and Works of Byron, vol. viii.—ED.] "Though I hae slain the Lord Johnstone, What care I for their feid? Both night and day I labour'd oft Of him avenged to be; But now I've got what long I sought, The Laird of Lag, frae my father that fled, Joy may they never see! Their treacherous art, and cowardly heart, “Adieu! Dumfries, my proper place, The Langholm-holm, where birks there be; Adieu! my ladye, and only joy, For, trust me, I may not stay wi' thee. "Adieu! fair Eskdale up and down, 3 Where my puir friends do dwell; Adieu! my ladye, and only joy, For I may not stay wi' thee.' "Lord of the land!"--that ladye said, "Thanks for thy kindness, fair my dame, But I may not stay wi' thee." Then he tuik aff a gay gold ring, "Hae, tak thee that, mine ain dear thing, And still hae mind o' me: But if thou take another lord, The reader will perceive, from the Introduction, what connexion the bond, subscribed by Douglas of Drumlanrig, Kirkpatrick of Closeburn, and Grierson of Lagg, had with the death of Lord Maxwell's father. For the satisfaction of those who may be curious as to the form of these bonds, I have transcribed a letter of manrent, from a MS. collection of upwards of twenty deeds of that nature, copied from the originals by the late John Syme, Esq., writer to the signet; for the use of which, with many other favours of a similar nature, I am indebted to Dr. Robert Anderson of Edinburgh. The bond is granted by Thomas Kirkpatrick of Closeburn, to Robert Lord Maxwell, father of him who was slain at the battle of the Dryffe Sands. BOND OF MANRENT. "Be it kend till all men be thir present lettres, me, Thomas Kirkpatrick of Closburn, to be bundin and oblist, and be the tenor heirof, bindis and oblissis me, be the faith and treuth of my body, in manrent and service to ane nobil and mychty lord, Robert Lord Maxwell, enduring all the dayis of my lyfe; and byndis and oblissis me, as said is, to be leil and trew man and servant to the said Robert Lord Maxwell, my master, and sall nowthir heir nor se his skaith, but sall lat the samyn at my utir power, an warn him therof. And I sall conceill it that the said lord schawis to me, and sall gif him agane the best leill and true counsale that I can, quhen he only askis at me; and that I sall ryde with my kyn, freyndis, servandis, and allies, that wil do for me, or to gang with the said lord; and to do him æfauld, trew, and thankful service, and take æfauld plane part with the said lord, my maister, in all and sindry his actionis, causis, quarrellis, leful and honest, movit, or to be movit, be him, or aganis him, baith in peace and weir, contrair or aganis all thae that leiffes or de may (my allegeance to owr soveran ladye the quenis grace; her tutor and governor, allanerly except.) And thir my lettres of manrent, for all the dayis of my life foresaid to indure, all dissimulations, fraud, or gyle, secludit and away put. In witness," etc. The deed is signed at Edinburgh, 3d February, 1542. In the collection, from which this extract is made, there are bonds of a similar nature granted to Lord Maxwell, by Douglas of Drumlanrig, ancestor to the Dukes of Queensberry; by Crichton Lord Sanquhar, ancestor of the Earls of Dumfries, and many of his kindred; by Stuart of Castlemilk; by Stuart of Garlies, ancestor of the Earls of Galloway; by Murray of Cockpool, ancestor of the Murrays, Lords Annandale; by Grierson of Lagg. Gordon of Lochmaben, and many other of the most ancient and respectable barons • See Note A. * See Note B. 3 Bangisters-The prevailing party. 4 The ancestor of the present Mr. Maxwell of Broomholm is particularly mentioned in Glenriddel's MS. as having attended his chieftain in his distress, and as having received a grant of lands, in reward of this manifestation of attachment. 5 This seems to have been a favourite epithet in old romances. Thus in Hornchilde, and Maiden Rimuild, "Thai sayled ower the flode so gray, In Inglond arrived were thay, Ther bim levest ware." 6 The proper spelling is manred. Thus, in the romance of Florice and Blanche floure "He wil fall to thi fot, And bicom thi man gif he mot; His manred thou schalt afonge, And the trewthe of his honde." in the south-west of Scotland, binding themselves, in the most submissive terms, to become the liegemen and the vassals of the house of Maxwell; a circumstance which must highly excite our idea of the power of that family. Nay, even the rival chieftain, Johnstone of Johnstone, seems at one time to have come under a similar obligation to Maxwell, by a bond, dated 11th February, 1528, in which reference is made to the counter-obligation of the patron in these words: "Forasmeikle as the said lord has oblist him to supple, maintene, and defend me, in the peciabill brouking and joysing of all my landis, rentis, etc., and to take my æfald, leill, and trew part, in all my good actionis, causis, and quarles, leiful and honest, aganes all deedlie, his alledgeance to our soveraigne lord the king allanerly excepted, as at mair length is contained in his lettres of maintenance maid to me therupon; therefore," etc. he proceeds to bind himself as liegeman to the Maxwell. I cannot dismiss the subject without observing, that, in the dangerous times of Queen Mary, when most of these bonds are dated, many barons, for the sake of maintaining unanimity and good order, may have chosen to enrol themselves among the clients of Lord Maxwell, then Warden of the Border, from which, at a less turbulent period, personal considerations would have deterred them. NOTE B. Adieu! my castle of the Thrieve, etc. axe. the messenger of his prince was pursued till within a few miles of Edinburgh. Gray, however, had an opportunity of keeping his vow; for, being upon guard in the King's antechamber at Stirling, when James, incensed at the insolence of the Earl, struck him with his dagger, Sir Patrick rushed in, and dispatched him with a poleThe castle of Thrieve was the last of the fortresses which held out for the house of Douglas, after their grand rebellion in 4553. James II. writes an account of the exile of this potent family, to Charles VII. of France, 8th July, 1555; and adds, that all their castles had been yielded to him, “Excepto duntaxat castro de Trefe, per nostros fideles impræsentiarum obsesso; quod, domino concedente, in brevi obtinere speramus.”—Pinkerton's History. Appendix, vol. i. p. 486.-See PITSCOTTIE'S History, GODSCROFT, etc. THE LADS OF WAMPHRAY. The reader will find, prefixed to the foregoing ballad an account of the noted feud betwixt the families of Maxwell and Johnstone. The following song celebrates the skirmish, in 1593, betwixt the Johnstones and Crichtons, which led to the revival of the ancient quarrel betwixt Johnstone and Maxwell, and finally to the battle of Driffe Sands, in which the latter lost his life. Wamphray is the name of a parish in Annandale. Lethenhall was the abode of Johnstone of Wamphray, and continued to be so till of late years. William Johnstone of Wamphray, called the Galliard, was a noted freebooter. A place, near the head of Teviotdale, retains the name of the Galliard's Faulds, (folds,) being a valley, where he used to secrete and divide his spoil, with his Liddesdale and Eskdale associates. His nom de guerre seems to have been derived from the dance called The Galliard. The word is still used in Scotland, to express an active, gay, dissipated character. Willie of the Kirkcease to exercise it till their attainder.-FOUNTAINHALL'S Deci- hill, nephew to the Galliard, and his avenger, was sions, vol. i. p. 688. This fortress is situated in the stewartry of Kirkcudbright, upon an island several acres in extent, formed by the river Dee. The walls are very thick and strong, and bear the marks of great antiquity. It was a royal castle; but the keeping of it, agreeable to the feudal practice, was granted by charter, or sometimes by a more temporary and precarious right, to different powerful families, together with lands for their good service in maintaining and defending the place. This office of heritable keeper remained with the Nithesdale family (chief of the Maxwells) till their forfeiture, 1745. The garrison seems to have been victualled upon feudal principles; for each parish in the stewartry was burdened with the yearly payment of a lardner mart cow, i. e. a cow fit for being killed and salted at Martinmas, for winter provisions. The right of levying these cattle was retained by the Nithesdale family, when they sold the castle and estate, in 1704, and they did not This same castle of the Thrieve was, A.D. 1454-2, the scene of an outrageous and cruel insult upon the royal authority. The fortress was then held by William VIII. Earl of Douglas, who, in fact, possessed a more unlimited authority over the southern districts of Scotland, than the reigning monarch. The Earl had, on some pretence, seized and imprisoned a baron, called Maclellan, tutor of Bombie, whom he threatened to bring to trial, by his power of hereditary jurisdiction. The uncle of this gentleman, Sir Patrick Gray of Foulis, who commanded the body-guard of James II., obtained of that prince a warrant, requiring from Earl Douglas the body of the prisoner. When Gray appeared, the earl instantly suspected his errand. "You have not dined," said he, without suffering him to open his commission: "it is ill talking between a full man and a fasting." While Gray was at meat, the unfortanate prisoner was, by Douglas's command, led forth to the courtyard and beheaded. When the repast was finished, the King's letter was presented and opened. "Sir Patrick," says Douglas, leading Gray to the court, “right glad had I been to honour the King's messenger; but you have come too late. Yonder lies your sister's son, without the head: you are welcome to his dead body." Gray, having mounted his horse, turned to the Earl, and expressed his wrath in a deadly oath, that he would requite the injury with Douglas's heart's blood.-"To horse!" cried the haughty baron; and 2 also a noted Border robber. Previous to the battle of Dryffe Sands, so often mentioned, tradition reports, that Maxwell had offered a ten-pound-land to any of his party, who should bring him the head or hand of the Laird of Johnstone. This being reported to his antagonist, he answered, he had not a tenpound-land to offer, but would give a five-merk-land to the man who should that day cut off the head or hand of Lord Maxwell. Willie of the Kirkhill, mounted upon a young grey horse, rushed upon the enemy, and earned the reward, by striking down their unfortunate chieftain, and cutting off his right hand. From a pedigree in the appeal case of Sir James Johnstone of Westeraw, claiming the honours and titles of Annandale, it appears that the Johnstones of Wamphray were descended from James, sixth son of the sixth baron of Johnstone. The male line became extinct in 1657. [This incident, no doubt, suggested the scene between Archibald Bell-the-Cat and Lord Marmion. See Marmion. Canto V. xiv.-ED.] Cleveland applies the phrase in a very different manner, in treating of the assembly of Divines at Westminster, 4644 :— "And Selden is a Galliard by himself, And wel might be; there's more divines în him, Skel'on, in his railing poem against James IV., terms him sir THE LADS OF WAMPHRAY. "Twixt Girth-head and the Langwood end, It is the lads of Lethenha', The greatest rogues amang them a’; It is the lads of the Girth-head, The deil's in them for pride and greed; They ne'er saw a horse but they made it their ain. The Galliard to Nithsdale is gane, To steal Sim Crichton's winsome dun, But instead of the dun, the blind he has ta'en. "Now Simmy, Simmy of the Side, Simmy Crichton's mounted then, The Galliard trow'd his horse had been wight, As soon as the Galliard the Crichton saw, "O Simmy, Simmy, now let me gang, O think then Willie he was right wae, Back to Wamphray he is gane, Back to Nithsdale they have gane, And awa' the Crichtons' nowt bae ta'en; As they cam in at Evan-head, LESLY'S MARCH. "But, O my country! how shall memory trace In those dread days, the unprotected swain Mourn'd, in the mountains, o'er his wasted plain; Such are the verses, in which a modern bard has painted the desolate state of Scotland, during a period highly unfavourable to poetical composition. Yet the civil and religious wars of the seventeenth century have afforded some subjects for traditionary poetry, and the reader is now to be presented with the ballads of that disastrous era. Some prefatory history may not be unacceptable. Leverhay, Stefenbiggin, Girth-head, etc., are all situated in the parish of Wamphray. 2 Nowl-Cattle. 3 The Wellpath is a pass by which the Johnstones were retreating to their fastnesses in Annandale. The Biddes-burn, where the skirmish took place betwixt the Johnstones and their pursuers, is a rivulet which takes its course among the mountains on the confines of Nithesdale and Annandale. 5 Law-A conical hill.-6 Thole-Endure. 7 Ricklaw-holm is a place upon the Evan water, which falls into the Annan, below Moffat. 8 Wamphray-gate was in those days an alchouse. |