APPENDIX TO INTRODUCTION. NO. L LETTER FROM THE EARL OF SURREY, TO HENRY VIII OF THE STORM OF JEDBURGH. Cott. MSS. Calig. B. III. Fol. 29. the next daye, I think thare is lost above viij e horses, and all NO. II. T. SURREY." HISTORY OF GEORDIE BOURNE. "PLEISITH it your grace to be advertised, that upon Fridaye, atracok at nyght, I retourned to this towne and all the garTysons to their places assigned, the bushopricke men, my Lorde ef Westmoreland, and my Lorde Dacre, in likewise, every man home with their companys, without loss of any men, thanked be God; saving vifi or x slayne, and dyvers hurt, at skyrmyshis and saults of the town of Gedwurth, and the fortereissis; which towne is soo surely brent that no garnysons ner none other shal bee lodged there, unto the time it bee newe buylded; the brenanz whereof comytted to twoo sure men, Sir William Bulmer, and Thomas Tempeste. The towne was much better than went [e. ween'd] it had been, for there was twoo tymys moo hocas therein then in Berwicke, and well buylded, with many best and fair houses therein, sufficiente to have lodged M horsemen in garnyson, and six good towres therein; which towe and towres be clenely destroyed, brent, and throwen dows Undoubtedly there was noo journey made into Scot lande, in noo manys day levying, with soo fewe a nombre, that recounted to be soo high an enterprise as this, bothe with thes contremen, and Scottishmen, nor of truthe so much hurte doon But in th' ende a great mysfortune ded fal, onely by fly, that such ordre, as was commanded by me to be kepte, wa not observed, the manner whereof hereaftir shall ensue. Before myn entred into Scotland, I appointed Sir William Buler and Sir William Evers too be marshallis of th' army; Sir Wiliam Bulmer for the vanguard, and Sir William Evers for the reguant. In the vanguard I appointed my Lord of Westmoreland, as chief, with all the bushopricke, Sir William Bulmer, Sir William Evers, my Lord Dacre, with all his company; and with me remayned all the rest of the garnysons, and the Northmberland men. I was of counsall with the marshallis at th' Ordening of our lodging, and our campe was soo well envirowned With ordynance, carts, and dikes, that hard it was to entre or ae bat at certain places appointed for that purpos, and assigned the mooste commodious place of the said campe for my Lord Dacre his company, next the water, and next my Lord of Westmoreland. And at suche tyme as my Lord Dacre came into the "After hee had filled my man with drinke, and put him to felde, I being at the sault of th' abby, which contynned unto bed, hee, and some half a score with him, got to horse, and twoo houres within nyght, my seid Lord Dacre wolde in no came into England to a little village. There hee broke up a wise bee contente to ly within the campe, whiche was made house, and tooke out a poor fellow, who (hee pretended) had right sure, but lodged himself without, wherewith, at my re- done him some wrong, and before the doore cruelly murthered turne, I was not contente, but then it was too late to remove; him, and so came quietly home, and went to bed. The next the next daye I sente my seid Lord Dacre to a stronghold, called morning hee delivered my man a letter in answer to mine, and Fernherste, the lord whereof was his mortal enemy; and wyth retourned him to mee. It pleased me well at the reading of his him, Sir Arthur Darcy, Sir Marmaduke Constable, with viii cof kinde letter; but when I heard what a brave hee had put upon their men, one cortoute, and dyvers other good peces of ordy-me, I quickly resolved what to do, which was, never to have to Bance for the feld (the seid Fernherste stode marvelous strongly, within a grete woode:) the seid twoo knights, with the most part of their men, and Strickland, your grace's 'servaunte, With my Kendall men, went into the woode on fote, with th' Ordnance, where the said Kendall men were so handled, that they found hardy men, that went noo foote back for theym; the other two knightes were also soo sharply assayled, that they were enforced to call for moo of their men; and yet could not bring the ordynance to the fortrees, unto the tyme my Lord Dacre, with part of his horsemen, lighted on fote; and marve- thing I did after my retourne, was to ask justice for the wrong lously hardly handled himself, and fynally, with long skirmysh-hee had done mee; but I could get none. The Borderers, seeing ing, and moche difficultie, gat forthe th' ordynance within the howse, and thre we down the same. our disagreement, they thought the time wished for of them At which skyrmyshe, my was come. The winter being begunne, their was roades made seid Lord Dacre, and his brother, Sir Cristofer, Sir Arthure, and out of Scotland into the East March, and goods were taken Su Marmaduke, and many other gentilmen, did marvellously three or four times a-weeke. I had no other meanes left to hardly; and found the best resistance that hath been seen with quiet them, but still sent out of the garrison horsemen of Barmy coming to their parties, and above xxxii Scottis sleyne, wicke, to watch in the fittest places for them, and it was their and not passing in Englishmen, but above xi hurt. Aftir that, good hap many times to light upon them, with the stolen goods my said lord returnyng to the camp, wold in no wise bee lodged driving before them. They were no sooner brought before mee, in the same, but where he lay the furst nyght. And he being but a jury went upon them, and being found guilty, they were. brak lowse, and sodenly ran out of his feld, in such nombre, with me at souper, about viij a clok, the horses of his company presently hanged; a course which hath been seldom used, but that it caused a marvellous alarome in our feld; and our standI had no way to keep the country quiet but so to do; for when the Scotch theeves found what a sharp course I tooke with ing watche being set, the horses cam ronnyng along the campe, at whome were shot above one hundred shief of arrowes, and them that were found with the bloody hand, I had in a short time the country more quiet. All this while wee were but in divers gonnys, thinking they had been Scots, that wold have jest, as it were, but now beganne the great quarrell betweene us. Saulted the campe fynally, the horses were so madde, that "There was a favourite of his, a greate thiefe, called Geordie IN the following passage, extracted from the Memoirs of Sir Robert Carey, then deputy of his father, Lord Hunsdon, Warden of the East Marches, afterwards Earl of Monmouth, the reader will find a lively illustration of the sketch of Border manners in the preceding Introduction. "Having thus ended with my brother, I then beganne to thinke of the charge I had taken upon mee, which was the government of the East March in my father's absence. I wrote to Sir Robert Kerr, who was my opposite warden, a brave active young man, and desired him that hee would appoint a day, when hee and myselfe might privately meet in some part of the Border, to take some good order for the quieting the Borders, till my retourne from London, which journey I was shortly of necessity to take. Hee stayed my man all night, and wrote to mee back, that hee was glad to have the happinesse to be acquainted with mee, and did not doubt but the country would be better governed by our good agreements. I wrote to him on the Monday, and the Thursday after hee appointed the place and hour of meeting. they ran like wild dere in to the feld, above xv c at the leest, in do with him till I was righted for the grete wrong hee had done mee. Upon this resolution, the day I should have mett with him, I tooke post, and with all the haste I could, rode to London, leaving him to attend my coming to him as was appointed. There hee stayed from one till five, but heard no news of mee. Finding by this that I had neglected him, hee retourned home to his house, and so things rested (with greate dislike the one of the other) till I came back, which was with all the speede I could, my businesse being ended. The first Bourne. Thic gallant, with some of his associates, would, in a bravery, come and take goods in the East March. I had that night some of the garrison abroad. They met with this Geor ancestor of the house of Roxburghe. Sir Robert Kerr of Cessford, Warden of the Middle Marshes, and 39 die and his fellows, driving of cattle before them. The garrison answered, that by my command they were all in the castle. set upon them, and with a shott killed Geordie Bourne's unckle. After they had searclied all the house, and found none, they and hee himselfe, bravely resisting till hee was sore hurt in the feared they were betrayed, and, with all the speede they could, head, was taken. After hee was taken, his pride was such, as made haste homewards again. Thus God blessed me from this hee asked, who it was that durst avow that nightes work? but bloody tragedy. when he heard it was the garrison, hee was then more quiet. "All the whole March expected nightly some hurt to be done; But so powerfull and so awfull was this Sir Robert Kerr, and but God so blessed mee and the government 1 held, as, for all his favourites, as there was not a gentleman in all the East his fury, hee never drew drop of blood in all my March, neither March that durst offend them. Presently after he was taken, I durst his theeves trouble it much, with stealing, for fear of hanghad most of the gentlemen of the March come to mee, and told ing, if they were taken. Thus wee continued a yeare, and then mee, that nowe I had the ball at my foote, and might bring Sir God sent a meanes to bring things to better quiet by this occaRobert Kerr to what conditions I pleased; for that this man's sion. life was so neere and deare unto him, as I should have all that "There had been commissioners in Barwicke, chosen by the my heart could desire, for the good and quiet of the country Queene and King of Scottes, for the better quieting of our Borand myselfe, if upon any condition I would give him his life. ders. By their industry they found a great number of malefac I heard them and their reasons; notwithstanding, I called a jury tors guilty, both in England and Scotland; and they tooke the next morning, and hee was found guilty of MARCH TREA order, that the officers of Scotland should deliver such offendSON. Then they feared that I would cause him to be executed ers, as were found guilty in their jurisdictions, to the opposite that afternoone, which made them come flocking to mee, hum- officers in England, to be detained prisoners, till they had made bly entreating mee, that I would spare his life till the next day, satisfaction for the goods they had taken out of England. The and if Sir Robert Kerr came not himselfe to mee, and made me like order was taken with the Wardens of England, and days not such proffers, as I could not but accept, that then I should prefixed for the delivery of them all. And in case any of the do with him what I pleased. And further, they told mee plain- officers, on either side, should omit their duties, in not deliverly, that if I should execute him before I had heard from Siring the prisoners at the dayes and places appointed, that then Robert Kerr, they must be forced to quit their houses, and fly there should a course be taken by the soveraignes, that what the country; for his fury would be such, against mee and the chiefe officer soever should offend herein, hee himself should March I commanded, as hee would use all his power and be delivered and detained, till hee had made good what the strength to the utter destruction of the East March. They were commissioners had agreed upon. so earnest with mee, that I gave them my word hee should not dye that day. There was post upon post sent to Sir Robert Kerr, and some of them rode to him themselves, to advertise him in what danger Geordie Bourne was; how hee was condemned, and should have been executed that afternoone, but, by their humble suit, I gave them my word, that hee should not dye that day; and therefore besought him that hee would send to mee, with all the speede hee could, to iet mee know that hee would be the next day with mee to offer mee good conditions for the safety of his life. "The English officers did punctually, at the day and place, deliver their prisoners, and so did most of the officers of Scotland; only the Lord of Bocleuch and Sir Robert Kerr were faultie. They were complained of, and new dayes appointed for the delivery of their prisoners. Bocleuch was the first that should deliver; and hee failing, entered himself prisoner into Barwicke, there to remaine till those officers under his charge were delivered to free him. Hee chose for his guardian Sir William Selby, master of the ordnance at Barwicke. When Sir Robert Kerr's day of delivery came, hee failed too, and my Lord Hume, by the king's command, was to deliver him prisoner into Barwicke upon the like terms, which was performed. Sir Robert Kerr (contrary to all men's expectation) chose mee for his guardian, and home I brought him to my own house, after he was delivered to mee. I lodged him as well as I could, and tooke order for his diet, and men to attend on him, and sent him word that (although by his harsh carriage towards mee, ever since I had that charge, he could not expect any fayour, yet) hearing so much goodness of him, that hee never broke his worde, if hee would give mee his hand and credit to be a true prisoner, hee would have no guard sett upon him, but have free liberty for his friends in Scotland to have ingress and regress to him as oft as he pleased. Hee tooke this very kindly at my handes, accepted of my offer, and sent mee thankes. "Some four days passed; all which time his friends came into him, and hee kept his chamber. Then hee sent to mee, and desired mee, I would come and speake with him, which I did; and after a long discourse, charging and re-charging one another with wrong and injuries, at last, before our parting, wee became good friends, with greate protestations, on his side, never to give mec occasion of unkindnesse again. After our reconciliation, hee kept his chamber no longer, but dined and supt with mee. I tooke him abroad with mee at the least thrice a weeke, a hunting, and every day wee grew better friends. Bocleuch, in a few days after had his pledges delivered, and was set at liberty. But Sir Robert Kerr could not get his, so that I was commanded to carry him to Yorke, and there to deliver him prisoner to the archbishop, which accordingly I did. Atour "When all things were quiet, and the watch set at night, after supper, about ten of the clock, I tooke one of my men's liveryes, and put it about mee, and tooke two other of my servants with mee in their liveryes, and we three, as the warden's men, came to the provost marshall's, where Bourne was, and were lett into his chamber. Wee sate down by him, and told him that wee were desirous to see him, because we heard hee was stout and valiant, and true to his friend; and that wee were sorry our master could not be moved to save his life. He voluntarily of himselfe said that hee had lived long enough to do so many villainies as hee had done; and withal told us, that he had layne with about forty men's wives, what in England, and what in Scotland; and that hee had killed seven Englishmen with his own hands, cruelly murthering them; that hee had spent his whole life in whoring, drinking, stealing, and taking deep revenge for slight offences. He seemed to be very penitent, and much desired a minister for the comforte of his soule. Wee promised him to lett our master know his desire, who, wee knew, would presently grant it. Wee took our leaves of him, and presently I tooke order, that Mr. Selby, a very worthy honest preacher, should go to him, and not stirre from him till his execution the next morning; for, after I had heard his own confession, I was resolved no conditions should save his life: and so tooke order, that at the gates opening the next morning, hee should be carried to execution, which accordingly was performed. The next morning I had one from Sir Robert Kerr for a parley, who was within two miles staying for me. I sent him word, I would meet him where hee pleased, but I would first know upon what terms and conditions.' Before his man was re-parting, hee professed greate love unto mee for the kind usage turned, hee had heard, that in the morning, very early, Geordie Bourne had been executed. Many vowes he made of cruell revenge, and returned home full of grief and disdaine, and from that time forward still plotted revenge. Hee knew the genticmen of the country were altogether såcklesse, and to make open road upon the March would but show his malice, and lay him open to the punishment due to such offences. But his practice was how to be revenged on me, or some of mine. "It was not long after, that my brother and I had intelligence that there was a great match made at footeball, and the chiefe ryders were to be there. The place they were to meet at was Kelsy, and that day wee heard it was the day for the meeting. Wee presently called a counsaile, and after much dispute, it was concluded, that the likeliest place he was to come to, was to kill the scoutes. And it was the more suspected, for that my brother, before my coming to the office, for the cattaile stolne out of the bounds, and, as it were, from under the walles of Barwicke, being refused justice, (upon his complaint,) or at least delaid, sent off the garrison into Liddesdale, and killed there the chief offender, which had done the wrong. "Upon this conclusion, there was order taken, that both horse and foote should lye in ambush in diverse parts of the boundes, to defend the scoutes, and to give a sound blow to Sir Robert and his company. Before the horse and foote were sett out with directions what to do, it was almost dark night, and the gates ready to be lockt. Wee parted, and as I was by myselfe, comeing to my house, God put it into my mind, that it might well be, hee ment destruction to my men that I had sent out to gather tithes for mec at Norham, and their rendezvous was every night to lye and sup at an ale-house in Norham. I presently caused my page to take horse, and to ride as fast as his horse could carry him, and to command my servants (which were in all eight) that presently upon his coming to them, they should all change their lodging, and go streight to the castle, there to lye that night in strawe and hay. Some of them were unwilling thereto, but durst not disobey; so altogether left their ale-house, and retired to the castle. They had not well settled themselves to sleep, but they heard in the town a great alarm; for Sir Robert and his company came straight to the ale-house, broke open the doors, and made inquiry for my servants. They were I had shown him, and that I would find the effects of it upon his delivery, which hee hoped would be shortly. "Thus wee parted; and, not long after his pledges were gott, and brought to Yorke, and hee sett at liberty. After his retourne home, I found him as good as his word. Wee met oft at dayes of truce, and I had as good justice as I could desire; and so wee continued very kinde and good friends, all the tyme that I stayed in that March, which was not long.' NO. III. MAITLAND'S COMPLAYNT, AGAINST THE THIEVIS OF LIDDISDAIL. FROM PINKERTON'S EDITION, COLLATED WITH A MS. OF Liddisdail the common theifis Horse, nolt, nor scheip, Nor yett dar sleip For their mischeifis. Thay plainly throw the country rydis, I trow the mekil devil thame gydis! Quhair they onsett, Ay in their gait,5 Thair is na yet h Nor dor thame bydis. i Thieves.-b Steal.- Rob.--d Black cattle; oxen.- "Sleep. -fIwot.- Way.-h Gate.-i Hinders. NO. IV. BOND OF ALLIANCE, OR FEUD-STANCHING, BETWIXT THE CLANS OF SCOT AND KER: A. D. 1529. The battle of Melrose (see Introduction, p 21) occasioned a deadly feud betwixt the names of Scott and Ker The following indenture was designed to reconcile their quarrel. But the alliance, if it ever took effect, was not of long duration; for the feud again broke out about 1553, when Sir Walter Scott was slain by the Kers in the streets of Edinburgh. "Thir indentures, made at Ancrum the 16th of March, 1529 years, contains, purports, and bears leil and suithfast witnessing, That it is appointed, agreed, and finally accorded, betwixt honourable men, that is to say, Walter Ker of Cessford, Andrew Ker of Fairnieherst, Mark Ker of Dolphinston, George Ker, tutor of Cessford, and Andrew Ker of Primesideloch, for themselves, kin, friends, mentenants, assisters, allies, adherents, and partakers, on the one part; and Walter Scot of Branxholm, knight, Robert Scot of Allanhaugh, Robert Scot, tutor of Howpaisly, John Scot of Roberton, and Walter Scot of Stirkshaws, for themselves, their kin, friends, mentenants, servants, assisters, and adherents, on the other part; in manner, form, and effect, as after follows: For staunching all discord and variance betwixt them, and for furthbearing of the king's authority, and punishing trespasses, and for amending all slaughters, heritages, and steedings, and all other pleas concerning thereto, either of these parties to others, and for unitie, friendship, and concord, to be had in time coming, 'twixt them, of our sovereign lord's special command: that is to say, either of the said parties, be the tenor hereof, remits and forgives to others the rancour, hatred, and malice of their hearts; and the said Walter Scot of Branxholm shall gang, or cause gang, at the will of the party, to the four head pilgrimages of Scotland, and shall say a mass for the souls of umquhile Andrew Ker of Cessford, and them that were slain in his company, in the field of Melrose, and, upon his expense, shall cause a chaplain say a mass daily, when he is disposed, in what place the said Walter Ker and his friends pleases, for the weil of the said souls, for the space of five years next to come.-Mark Ker of Dolphinston, Andrew Ker of Graden, shall gang at the will of the party, to the four head pilgrimages of Scotland, and shall gar say a mass for the souls of umquhile James Scot of Eskirk, and other Scots, their friends, slain in the field of Melrose; and, upon their expense, shall gar a chaplain say a mass daily, when he is disposed, for the heal of their souls, where the said Walter Scot and his friends pleases, for the space of three years next to come and the said Walter Scot of Branxholm shall marry his son and heir upon one of the said Walter Ker his sisters; he paying therefor a competent portion to the said Walter Ker and his heir, at the sight of the friends of baith parties. And also, baith the saids parties bind and oblige them, be the faith and truth of their bodies, that they abide at the decreet and deliverance of the six men chosen arbiters, anent all other matters, quarrels, actiones, and debates, whilk either of them likes to propone against others betwixt the saids parties; and also the six arbiters are bound and obliged to decreet and deliver, and give forth their deliverance thereuntil, within the year and day after the date hereof.And, attour, either of the saids parties bind and oblige them, by the faith and truth of their bodies, ilk ane to others, that they shall be leil and true to others, and neither of them will another's skaith, but they shall lett it at their power, and give to others their best counsel, and it be asked; and shall take leil and aeffald part ilk ane with others, with their kin, friends, servants, allies, and partakers, in all and sundry their actions, quarrels, and debates, against all that live and die (may the allegiance of our sovereign lord the king allenarly be excepted.)-And for the obliging and keeping all thir premises above written, baith the saids parties are bound and obliged, ilk ane to others, be the faith and truth of their bodies, but fraud or guile, under the pain of perjury, men-swearing, defalcation, and breaking of the bond of deadly. And, in witness of the whilk, ilk ane to the procuratory of this indenture remain with the said Walter Scot and his friends, the said Walter Ker of Cessford has affixed his proper seal, with his subscription manual, and with the subscription of the said Andrew Ker of Fairnieherst, Mark Ker of Dolphinston, George Ker, tutor of Cessford, and Andrew Ker of Primesidelock, before these witnesses, Mr. Andrew Drurie, Abbot of Melrose, and George Douglas of Boonjedward, John Riddel of that ilk, and William Stewart. 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 sall thame see, Hing on a tree Quhill thay be deid Quo' Sir R. M. of Lethington, knicht. Almost. Plundered. The whole.- Make choice of-Theft-f Larva (fig.)- Ploughs-h But; besides. -i Broth of recetables -Pack up and carry off- Owing to the Marchmen being divided into large clans, bearing the same surname, Individuals were usually distinguished by some epithet derived from their place of residence, personal qualities, or descent. Thus every distinguished moss-trooper had what is here called, a to name, or nom de guerre, in addition to his family name.! Bare walls. Despoil.- Pack, or wallet.-" Bread.-P Both the spinning instrument and the yarn.- Spit.- Shirt.'Searches.- Both clothes and meal-chests.- Cow-houses.-Steals the web of cloth. Mouth.- Ruth; a pity.- Early. F THIS burlesque poem is preserved in the Bannatyne MSS. It is in the same strain with the verses concerning the Gyre Car Une. (Vol. II) As the mention of Bettokis Bour occurs in both pieces, and as the scene of both is laid in East Lothian, they are perhaps composed by the same author. The humour of these fragments seems to have been directed against the superstitions of Rome; but it is now become very obscure. Nevertheless, the verses are worthy of preservation, for the sake of the an cient language and allusions. Listen, lordis, I sall you tell, Off ane very grit marvell, ' Off Lord Fergussis gaist, The silly sawle to succour : Auld storeis for to se, Gif it appinis him to meit, How he sall conjure the spreit: Bath the Donet, and Dominus que pars, Baith Inglis and Latene: To conjure the litill gaist he mon haif Of tod's tails f ten thraif,8 And kast the grit holy water With pater noster, pitter patter Thair man be hung about your hals A Of neis powderj ane grit loik.k Brynt in ane doggis eir, Ane pluck, ane pindill, and ane palme cors, Thre tuskis of ane awld hors, And of ane yallow wob the warp, The boddome of ane auld herp, The heid of ane cuttit reill, The band of an awld quheill, Ane botene," and ane brechame," Bayth fra God, and Sanct Marie And nyne knokis of windil strais, He had a litill we leg, It wes wynd in ane wynden schet, It stal frae peteous Abrahame, Ane quhorle and ane quhim quhame ;* It stal frae ye carle of ye mone Ane payr of awld yin schone ;aa And wirreit bb ane awld chaplane. This litill gaist did na mair ill But clok ce lyk a corn mill; And it wald play and hop, About the heid ane stre strop ;dd And it wald sing, and it wald dance Quha conjurit the litill gaist say ye? Nane but the litill Spenzie fle,ff That with hir wit and her ingyne, Gart the gaist leif agane; And sune mareit the gaist the fle, And croun'd him King of Kandelie; And they gat theme betwene Ten "Ghost.-Chased. Happens.-Quires; books. Also read in.-f Foxes' tails-(there is an alpine herb so termed from its resemblance.)-Thereof.-Neck-iWool-pack. Nose-powder (snuff)-kGreat lots, or lot.-/Burnt in a dog's ear.- Bluewool." Button.- Horse-collar.-P A whirl made of metal.-I Window. Believes in. With laying and with lore. crabs' claws.-"A small plant in marshes.- Sign-make the sign of the cross.- Apparently some lines are here omitted.--2 Gad-fly. Knife.- Whirl and whim-wham.-a One-soled shoes.-bb Worried.-ec Clacked.-dd Twist a straw about its head.- Overfoot and Orleans-two dancing steps.-ƒƒ Spanish fly. Orpheus King and Elpha Quene. 88 This seems to allude to the romance of Orfeo and Heurodis. (See Tale of Young Tamlane, in another part of this volume.) The wife of Orpheus is here called Elpha, probably from her having been abstracted by the elves, or fairies.-hh Alluding to a strange unintelligible poem in the Bannatyne MSS., called Cockelby's Sow. This has been printed lately by Mr. David Laing, of Edinburgh, 1830.] NO. VI. SUPPLEMENTARY STANZAS TO COLLINS'S ODE ON THE SUPERSTITIONS OF THE HIGHLANDS. BY WILLIAM ERSKINE, ESQ. ADVOCATE. THE Editor embraces this opportunity of presenting the reader with the following stanzas, intended to commemorate some striking Scottish superstitions, omitted by Collins in his Ode upon that subject; and which, if the Editor can judge with impartiality of the production of a valued friend, will be found worthy of the sublime original. The reader must observe, that these verses form a continuation of the address, by Collins, to the author of Douglas, exhorting him to celebrate the traditions of Scotland They were first published in the Edinburgh Magazine, for April, 1788. Thy muse may tell, how, when at evening's close, Let these sad strains to lighter sounds give place, For, see! recall'd by thy resistless lay, Once more the Brownie shows his honest face. Tell, in what realms thou sport'st thy merry night, Or lull the dame, while Mirth his vigils keeps? Thou plied'st the kindly task in years of yore: Ne'er was thy form beheld among their mountains more. Then wake (for well thou canst) that wondrous lay, How starts the nurse, when, for her lovely child, O snatch the innocent from demons vilde, And save the parents fond from fell despair! In a deep cave the trusty menials wait, And o'er the moonlight-heath with swiftness scour : A fay of might appears, whose arms entwine a [This accomplished and most dear friend of Sir Walter Scott, became a judge of the Court of Session, by the title of Lord Kinnedar, and died in August, 1822.-ED.) b The wraith, or spectral appearance, of a person shortly to die, is a firm article in the creed of Scottish superstition. Nor is it unknown in our sister kingdom See the story of the beautiful Lady Diana Rich.-Aubrey's Miscellanies, p. 89. See Introduction, ante. d For an account of the Fairy superstition, see Introduction to the Tale of Tamlane. NO. VII. EXCOMMUNICATION OF BORDER ROBBERS. BY RICHARD FOX, BISHOP OF DURHAM, IN THE TIME OF HENRY VIL This very curious document, (A. D. 1498,) which contains some particulars highly illustrative of the state of Border manners, was given to the Editor by his valued friend Richard Surtees, Esq. of Mainsforth, in the bishopric of Durham, eminent | gravamen. Nos igitur animarum hujusmodi malefactorum sa for his knowledge of Border antiquities. RICH. FOX, BP. TEMP. H. J. MONITIO CONTRA FAMOSOS LATRONES DE TYNDALL Tuti providere cupientes, spoliatorumq. et privatorum hujusmo di jacturis et dispendiis paternali affectu compatientes, et, quan tum in nobis est, remedium in hac parte apponere, ut tenemur volentes, vobis omnibus et singulis Rectoribus, Vicariis, Capeltanis, Curatis, et non Curatis prædictis tenore præsentium, in virtute sanctæ obedientiæ firmiter injungendo mandamus, quatenus proximis diebus dominicis et festivis, inter missarum et aliorum divinorum solemnia in ecclesiis et capellis vestris, dum major in eisdem aderit populi multitudo, omnes et singulos fures, latrones, raptores, prædones, deprædatores, et eos præsertim quos famosos et manifestos latrones, raptores, et deprædatores fuisse et esse intelleximus, quorum nomina in præsenti rescripto sunt descripta, peremptorie moneatis, quos nos etiam tenore præsentium primo, secundo, et tertio, ac peremptorie monemus, ut ipsi, omnes et singuli, ab hujusmodi incursionibus, furtis, latrociniis, rapinis, deprædationibus de cætero se absti neant et desistant, sub pæna majoris excommunicationis sententiæ, quam ex sacrorum canonum institutis incurrunt, sicq. eos et eorum quemlibet incurrere volumus ipso facto. Citetis insuper, seu citari faciatis peremptorie omnes et singulos famosos et manifestos fures, latrones, raptores, et deprædatores, quorum nomina sunt in dorso præsentis schedulæ sive quilibet eorum compareat, coram nobis, aut nostro in hac parte commissario, in Galilea Ecclesiæ nostræ Cathedralis Dunelm. locoq. consistoriali ejusdem, sexto die post citationem eis et eorum cuilibet in hac parte factam, si juridicus fuerit, alioquin proximo die juridico extunc sequente, quo die nos aut commissarium nostrum hujusmodi ibidem ad jura reddend. hora congatoriis, meram animarum suarum salutem et correctionem concernentibus, commissario eisdem et eorum cuilibet in eorum adventu ex officio nostro mero objiciendis personaliter responsuri et parituri. Moneatis insuper sic, ut præmittitur, peremptorie omnes et singulos ministros justitiæ, cæterosq. viros nobiles et potentes, dictas partes et territoria de Tyndall et Ryddysdall, et loca vicina et circumjacentia inhabitantes, necnon omnes et singulos Capellanos, Curatos, et non Curatos, in eisdem parti bus et territoris de Tyndall et Ryddysdall divina celebrantes, quatenus ipsi justitiæ ministri et viri nobiles et potentes omnes et singulos fures et latrones, necnon raptores et deprædatores, in et ad partes et territoria de Tyndall et Ryddysdall cum rebus, pecoribus, et catallis furtive oblatis, confugientes, necnon om nes et singulos fures, Intrones, et deprædatores in eisdem parti gentes, præsertim famosos, publicos, notorios, et manifestos nullatenus foveant, nutriant, aut confortent, hospitentur,aut manuteneaut, immo eosdem fures, latrones, et deprædatores quoscunq, ab eisdem partibus et territoris de Tyndall et Ryddysdall amoveant, sicq. amoveri faciant et procurent, seu saltem eosdem fures, latrones, deprædatores, et raptores quoscunq. capiant, sicq. capi faciant eosdemq. rectificent et justificent. RICARDUS permissione divina Dunelm. Episcopus dilectis Nobis Magro. Georg. Ogle, A. M. necnon universis et singulis ecclesiarum parochialium infra Tyndalle et Riddysdale nostræ dinces, constitut. Rectoribus et Vicariis, necnon Capellarum et Cantanarum inibi Capellanis, Curatis, et non Curatis, Salutem. Quia tam fama quam notorietate facti referentibus ad aures Dostras delatum est quod nonnulli Villas, Villulas, Hamelectas, et alia loca de Tyndale et Ryddisdalle inhabitantes, nec divina Dee humana jura timentes, quibus se illaqueatos esse (quod summopere dolemus) intelligunt, aut saltem intelligere debent, de eis dem Villis Villulis Hamelectis ad in episcopatu villas, villulas, hamelectas, ad et in episcopatum Dunelm et comitatum Northumbriæ, aliaq. loca dictis locis de Tyndalle et Ryddisdalle confinia et adjacentia, Latronum, Rapientium ac Deprædantium, more, per diuturna tempora sæpe, sæpius, et sæpissime, publice et manifeste, nocte dieq, incurrentes, prout adhuc indies, cotidie, sæpe, sæpius, et sæpissime, noctu dieq, publice et manifeste, sicrescripti descripta, et eorum quemlibet, quod compareant, sicq. incurrunt, furta, latrocinia, rapinas, et deprædationes passim committentes, pecora et catalla in eisdem inventa furati deprædatiq, fuerunt, et ab eisdem ad partes et territoria de Tyndall et Ryddisdalle prædict. aliaq. loca eisdem confinia, ad libitum suarum voluntatum asportaverunt, fugaverunt, et abigerunt, prout adhuc indies nulli equidem rei, quam, hujusmodi furtis, latrocinus, rapinis, et deprædationibus, dediti, furantur, deprædan-sueta pro tribunali sedere contigerit, certis articulis et interrotar, fugant et abigunt: Et quod ipso delicto deterius est, per tabernas, et alia loca publica, iniquitatibus, furtis, latrociniis, et deprædationibus suis hujusmodi gloriantes se talia commisisse, et de cætero committere palam et publice jactari non desinant; hiq malis non contenti, sed potius furtum furto, latrocinium latrocinio, rapinam rapinæ, deprædationem deprædationi, aliaq. Dala malis accumulantes, in hujusmodi furtoruin, latrociniorum, et deprædationum aggravationem, non solum ipsi furantur, ve rum etiam fures et latrones et raptores quoscunq. ad ipsos confuzicates, receptant, nutriunt, hospitantur, confovent et confor: taat: mosq. liberos, servientes, atq. famulos in hujusmodi latrociniorum, furtorum, deprædationum, et rapinarum perpetratose, quod maxime detestandum est, educant, et exercitant, adout furtum, latrociniam, deprædationem, rapinam, aut robbenam hujusmodi committere, aut eidem consentire, non solumbus et territoriis de Tyndall et Ryddysdall commorantes et deDen vereantur, sed crassam, immo verius quasitam ignorantiam pretendentes, et dictas rapinas, furtum, et deprædationes, tanan artem, unde victum suum quæerant, publice et manifeste profates, crimen esse non agnoscunt: Suntq. nonnulli viri in partibus prædictis, quorum quidam sunt ministri justitiæ et regii justiciarii, qui eosdem fures, latrones, deprædatores, et raptores, albus malefactores rectificare et justificare deberent, quidam vero sunt vir nobiles et potentes in confinibus et territoris de Tradalle et Ryddisdalle prædictis, aliisq. villis eisdem convici: nis, circumvicinis, et adjacentibus degentes et commorantes, qui fares, latrones, raptores, deprædatores predictos ab hujusmodi criminibus predictis refrænare et impedire possent, si suas ad id manus, ut deberent, porrigerent adjutrices: Quorum omnium, viz. justitiæ ministrorum, et aliorum, saltem nobilium et potentiam, in partibus et territoriis de Tyndalle et Ryddysdalle prædictis, aliisq. villis et locis eisdem convicinis et circumvicinis adjacentium, quidam conniventi oculo, quidam ex pacto et collusione, quidam vero propter lucrum, quod cum eis participant, Donnelli siquidem propter amorem, favorem, familiaritatem, affinitatem, et sanguinis conjunctionem, necnon nominis, indemnitatem hujusmodi furtis, latrociniis, rapinis, et deprædationibus, aliquando tacite, interdum etenim expresse, consentientes, fures ipsos, latrones, et deprædatores per corum terras et districtus cum rebus, pecoribus, et catallis, quæ furati sunt, liberum habere transitum, scienter tolerant et permittunt; ac nonnunquam eosdem cum rebus, pecoribus, et catallis, raptis, deprædatis, et furto ablatis, receptarunt, prout adhuc recipiunt indies, et receptant non ignorantes receptatores hujusmodi quoscunq, non minon pana dignos quam raptores, fures, latrones, et prædones: Nam si non esset qui foveret, reciperet, et confortaret, nullus rapinam, latrocinium, deprædationes hujusmodi committeret, committereve auderet: Eodeing delicto singulas villas, villulas, hamelectas dictarum partium de Tyndall et Ryddisdall laborare intelleximus, quod maxime abhorrendum est; nam latrones, fures, raptores, deprædatores famosos et manifestos sic, ut præfertur, recipiunt, hospitantur, fovent, et nutriunt, ac inter eos et cum eisdem in partibus præsentibus, ut vicinos suos et familia res, habitare permittunt, et ad eadem facinora reiteranda invitant, et confortant publice, palam, et manifeste: Compluresq. capellanos, sæpe nominatarum partium et territoriorum de Tyndalle et Ryddysdalle, publicos et manifestos concubinarios, irregulares, suspensos, excommunicatos, et interdictos, necnon literarum penitus ignaros, adeo ut per decennium celebrantes, Dee ipsa quidem verba sacramentalia, uti quibusdam corum opponentes experti sumus, legere sciant; nonnullos etiam non or dinatos, sed sacerdotii effigiem duntaxat prætendentes, non modo in locis sacris et dedicatis, verum etiam in prophanis et interdictis ac miserabiliter rumosis; necnon vestimentis ruptis, laceratis, et fædissimis, nec divino, immo nec humano officio aut servitio dignis, quibus, deum contemnentes, induti Divina celebrare, Sacraq. et Sacramentalia ministrare intelleximus. Dicti præterea capellani supradictis furibus, latronibus, depræ datoribus, receptatoribus, et raptoribus manifestis et famosis, sacramenta et sacramentalia ministrant, sine debita restitutione aut animo restituendi, ut ex facti evidentia constat, sicq. eos aine cautione de restituendo, ecclesiastica sepulturæ, cum ex sacrorum canonum, et sanctorum patrum institutis, hæc facere districte prohibentur, passim committunt, in animarum suarum grave periculum, aliorumq. Christi fidelium exemplum perniciosum, plurimorumq. spoliatorum et privatorum bonis, rebus, pecoribus, et catallis suis hujusmodi, damnum non modicum et Capellani vero, Curati, et non Curati, in eisdem partibus et territoriis divina celebrantes, hujusmodi fures, latrones, et deprædatores, saltem publicos, notorios, et manifestos, ad sacramenta pænitentiæ, eucharistiæ, sepulturæ, cæteraq, sacramenta ant sacramentalia sine debita restitutione spoliatis facta, aut sufficienti cautione de restituendo præstita, nisi in mortis articulo, et tunc ad sacramenta pænitentiæ et eucharistiæ duntaxat, non autem ad sepulturam, sub pana suspensionis ab officio et beneficio, nullatenus admittant. * TESTIMONIALIS LITERA DNI. EPISCOPI SUPER ABSOLUTIONE QUORUNDAM LATRONUM, ET INJUNCTIONES. RICARDUS permissione divina Dunelm. Episcopus universis et singulis Rectoribus, Vicariis, Capellanis, Curatis, et non Curatis quibuscunq. curam animarum habentibus, infra territorium de Tyndall et Ryddysdall nostræ dioces. Salutem, gratiam, et benedictionem. Scialis Sandy Charelton, Crysty Milborn, Howy Milborn, Atkin Milborn filium Willielmi Milborn, Laury Robeson, Davy Robeson, Sandy Robeson, Gilly Tod of ye Crake-aller of Smebemouth, George Tod, Rouly Tod, Tammy Tod, Sandy Tod of ye Shawe, George Mershell, Sandy Hunter, a sententia excommunicationis, quam in eosdem, pro eorum contumacia, promulgavimus, pro nos absolutos esse, et commu nioni hominum ac sacris ecclesia restitutos, seq. nostræ correctioni humiliter submittentes, injunctiones salutaremve suscepisse pænitentiam, videlicet nt de cætero rapinam, furtum, aut latrocinium publice, manifeste, vel occulte non committant, nec aliquis eorum committat, aut talia committenti auxilium, consilium, vel favorem præstent, nec aliquis eorum præstet, seu talia committentium consilium quovismodo celent seu celet, celarive procurent seu procuret. Item quod post diem Merc. prox. ime futurum, viz. 26 diem mensis Septembris jam instant. non incedant nec aliquis eor. incedat pedes aut eques inductus subicí nio, Anglice, a Jacke, aut galea, Anglice, a Salet or a Knapescall, aut aliis armis defensivis quibusc. nec equitent aut eor. aliquis equitet super equo aut equa cujus valor, communi hominum æstimatione, excedet sex solidos et octo denarios, nisi contra Scotos vel alios regis inimicos. Injungimus præterea quod postquam ingressi fuerint vel eor. aliquis ingressus fuerit cœmiterium, ecclesia vel capellæ cujuscunque infra territorium de Tynedall et Riddisdall ad divina inibi audiend. vel orationes inibi faciend, seu alia quæcunq. faciend. abjiciant seu deponant, sicq. eor. quilibet abjiciat et deponat arma invasiva quæc. si quæ habeant, si ad longitudinem unius cubiti se extendant, et quamdiu fuerint seu aliquis eor. fuerit infra eand. ecliam. seu capell. aut comiter. ejusd. cum nullo sermonem aut verbum habeat, nisi cum Curato aut Sacerdote illius eccliæ vel capellæ, sub pana excomm. majoris, quam in eos et corum quemlibet casu quo his nostris injunctionibus aut uni eor. non paruerint, "The Galilee was a side chapel to which excommunicated per sons had liberty of repairing, while service was celebrated. The Galilee at Durham is now a school-room. |