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cum effectu exnunc prout extunc, et extunc prout exnunc, promulgamus, in scriptis justitia mediante vobis igitur, &c. Dat. in castro nro. de Norham sub s. nro. 25 die mens. Sept. A. D.

149H

NO. VIII.

DOUBLE OF THE CONTRACT
BETWIXT THE

KING AND SEVERAL OF HIS SUBJECTS.

(A. D. 1612.)

[The original of this curious brief, by which the Borderers renounced their vocation of theft and robbery, is in the hands of the Editor, whose ancestor is one of the parties subscribing. Similar bonds were doubtless executed by the other clans; among whom copies would be distributed for their subscription. This appears to have referred chiefly to the clan of Scott)

WE noblemen, barons, landit gentilmen, and uthers, under sub#cryveing, deiply considering with ourselves the wrack full and intollerable calamities soe long sustained be us, our frends, our servants, and inhabitants, upon proper lands and heretages, at the hands of theives and murtherers, within the Highlands and Bordours; whereby our bloods have been cruelly shed, our goods be opin depredation violentlie reft and spulzied, and our most plentifull and profitable roumes, for fear of their incur sions and oppressions, left desolat and desert, without tennent or inhabitant, to our inexcuseable reproach and shameful wrack, if wee sall any longer neglect to use sic lawfull and allowable remedies as God, our honor, and the memorable examples of our worthie predecessors, still extant in the records of ther days, craves at our hands, for the repressing of their Insolence: And considering, therwithall, the royall and princelie disposition of our most gracious soverane lord, utterit everie way for the suppressing of this infamous byke of lawless limmers, and quhat earnest and faithfull dutie our ranks and places eraves of us, for the furtherance of his Majesties most honora ble resolution at this tyme, for the extermination of sic a venime, whereby our oursights hithertill has bein na litle hinder to the good success of the great care and paynes tane alwayes be his highness and his secret counsell, to work the said effect: Thairfore, and for remeid of our bypast slouth that way, in the fear of God, and with his Majesties gracious approbation and allowance, we all and everie ane of us have solemnly avowit, sworne, and protestit, like as, be the tenor heirof we avow, swear, and protest, upon our consciences and honors, that, as we are in hearts trew and faithfull, and obedient subjects, to the King's Majestie, our sovereign lord and his authoritie, and alwayes answerable to his hienes laws; so, in our hearts, we abhorre, dampne, and detest all treason, murther, fire-ryseing, reviseing of women, thift, resset of thift, fortifeieng or assist ing with theives, shedding of true mens blood, common and manifest oppression, resset of persons excommunicat, or at the horne, for criminall causes, with the authors and committers thereof whatsumever; in further taken whereof, we bind and obleis us, our aires and successors of our lands and heretages, to our soverane lord and his successors, that, within ten dayes after our subscription to the present, we sall discharge, and be oppin proclamation at the Mercat-croces of heid-burrowes within the shrifdomes, quherin the theives and limmers dwell, as also be particular intimation to themselfs, give up all bands of friendship, kyndnes, oversight, maintenance, or assureance, if ony we have, with common theives and broken clans or branches, unanswereable to his hienes lawes; and sall, fra then furth, affauldlie and truelie, joyne and concurre together, als weill in action as in heart, to the pursute, with fire and sword, of all and whatsumever within this realm, of whatsumever clane, qualitie, or surname, who being charged, be opin proclamacióne, to compeir to answer to complaints, and to relieve ther masters at his majestie and true mens hands, are or sall for ther disobedience be denounced fugitives and outlawes, together with whatsoever ther partakers, supliers, and recepters, and all sic other, as frae the tyme they be denunced fugitives, sall furnish to them, ther wyfes or families, meat, drink, herbore, or other confort quhatsumever: As lykewayes we bind and obleis us, in maner foresaid, that if any persone, dwelling within our houses, upon our lands, within our tackes, steadings, roumes, portiounes, bailleries, or other office or jurisdiction quhatsumever, commits ony of the crymes before expreimit, or any uther punishable be lyfe or member, we, or any of us under quhom the said persone dwells, being required thereto be his majesties letters valyentnes, or charges, or be his highnes consell or justice, sall neither directlie, nor indirectlie, give any warning or advertisement to him, quherby he may eschew his taking; but trewlie and effauldlie sall apprehend, bring and present him to underly his tryell of the cryme quherof he is dilauit, upou fiftein dayes warneing, without shift or excuse quhatsumever, as we sall ansuer to his majestie upon our honours, and under the paynes contained in the generall bond and acts of Parliament quhiatsumever; and sall be comptable to our soverane lord and his hienes thesaurer, for their escheats, in cace they be convict; and, in case the persone or persons sa delatit, becomes fugitives, wharby we cannot apprehend them to be presentit, we sall expell, put and hold them furth of our bounds, heretages, tacks, and steidings, roumes, bailliaries, and jurisa Nest.- Outlawed.- Simply; sincerely.

dictions quhatsumever, togither with ther wyfes, bairnes, and families, and sall take fra them their stocke and steiding, and put in uther persones to occupy the same; and if it sall happin the saids malefactors to resort or come again within our bounds, or be sufferit to remain therein, with our witting, twelff hours togithir, or to repair with our knowledge to oppin mercat unapprehendit, in that cace we grant and confes us to be culpable of quhatsumever crymes or skaithes committit be them at any time before or therefter: And if it shall happen at any tyme heirefter, ony creatures, rebells to our soverane lords authoritie, for criminall causes, to repair within our bounds, or any pairt of the shirriffdome quharein we dwell, we sall be readie to ryse and concurre, with our friends and forces, to ther pursute, till they be either apprehendit and presented to justice, or put out of the sheriffidome quharein we dwell; moreover, none of us herefter sall tryst or assure with any declared theeves or fugitives, but quhensoever any affray of theeves or reivers happens within our bounds or jurisdictions forsaids, we shall at the affray or forray, be ourselves, our servants, kin, freinds, and sae many partakers as we may get, ryse, follow, and pursue the saids theeves and reivers, at the outermost of our power, as we wold doe to the rescue of our owne proper goods in cace they were in the lyke danger, being alwayes warned thereto be the scout-baillie in the countrie, requisitione of partie, or otherwayes quhatsumever: And if it be found, that we ly still at siclike effrayes, and suffers the saids theeves and rubbers to pass throw our boundis, without purseuing them and making uther thorture or impediment we may, in that cace we accept on us the guiltiness of quhatsumever theft or uther cryme that they commit, as perters with them therin and punisheable therefore, conforme to the act of parliament: And if it shall happin any stowth-reiff'd or oppression to be committed at any tyme heirefter, upon any his bienes subjects, be any inhabitants within our boundis and jurisdictionis forsaids, the same being notified to us be the owners of the goods, or any uther follower therof in ther names, and the persone and place showin to us be quhom the gudes are stollen, and quhar they are resett within our boundis, we sall, immediatlie therefter, be ourselves, or be some speciall friend or servant, ayde and addresse us to the said place, and finding the goods ther, shall see them rendered to the follower, without gratitude or good deid, and therwith sall apprehend the theif, if he be present on the ground, or can be found within our bounds, then, or at any tyme therefter, and present him to his majestie, or to his justice, to be punished according to his merit; or, if we cannot find him, we shall intimate his name to the shriff, stewart, or wardane, to be denunced fugitives be them at the Mercat-croce of the next heidburgh. that he, his wyfe, and familie, therefter may be used in manner foresaid: Likewayes, that nane of us heirefter sall, aither opinlie or privalie, for any theif-hider, entertainer, or resetter of theft or theftous goods, assist nor defend them directlie nor indirectlic, solisit for their impunitie, or bear grudge, rancoure, or quarrell againes any man for their dilatione, apprehension, or pursute in any sort, under the paine of infame and acceptance upon us of the guiltines of the said cryme, in cace they be convict: And if it sall happen us, or any of us, at ony tyme heir. efter, to meit with ony notorious theif or lymmer, whom we may tak, we sall not faillie to apprehend, keip, and detaine him, in sure capptivitie and firmance, unfred, or set to libertie, upon quhatsomever band, promise, restitutione, or assurance le can gue us; but sall present him to his majestie, his counsell, or justice, to be punished for his offence, under the payne, likewayes, to be repute culpable of his theftuous deids, and punishable accordinglie: and finallie, that we ourselves and all sie persons quhatsumever, as dwells upon our lands and uthers forsaids, sall alwayes be answerable to our soverane lord and his authoritie, and sall compeir before his hienes and his counsell, quhensoever we shall happin to be charged for that effect, under the paines contained in the acts of caution found for observation of the generall bands: And gif for execution of any of the premisses, we, or any of us, be quarrelled be ony clan, brensche, or surname, to whom the theeves pertaines, we bind and obleis us and our foresaids, affauldlie and truelie, to concurre and assist with others against the brensch, surname, or clann, that quarrells, as if it were our proper cause; and sall esteem the feid, if any follow, equall to us all. In witnes quhareof, our soverane lord, in taken of his said approbation, and allowance of the premisses, and evere ane of us, for us and our forsaids, have subscryvit this present, to be insert and registrat in the books of the secret counsell, and to have the strength of ane decreit thereof against the contraveiners. Wherunto our subscriptions sall serue for ane sufficient warrant for everie ane of us. This band, written by William Wyllie, clerk, Sic subscribitur. James R.--Lenox-Huntlie-Montross, Cancellarius-AngusHerys-Caithness-Traquair Lochinvar-Johnstoun-Drumlangric-David Scot of Stobneill. Apud Jedburgh, 29th March, 1612, Walter Scot of Goldielands, Walter Scot of Tishelaw, Robert Scot, his sone, James Gledstanes of Cocklaw, William Elliot of Falneish, Robert Scot of Satsheills, Walter Scot of Harden, Sym Scot of Bonniton, and William Scot in Burnfute, in the Water of Aill, with our hands at the pen, led be James Primerose, clerk of counsell, at our command. J. Primerose. Robert Scott in Stirkfield, with hand at the pen, led be William Wyly, wryter of this band. William Scot of Hartwoodmyres, Philip Scot of Dryhope, Robert Scot of Aikwood, William Scot of Howpasly. Jedburgh, 29th of October, 1612, William Scot of Whythaught, James Scot of Gilmerscleugh, and John Dalgleish of Douchar, with our hands at the pen, led be William Wylie, clerk. W. Wyllie. d Robbery.

MINSTRELSY OF THE SCOTTISH BORDER.

PART FIRST.-HISTORICAL BALLADS.

SIR PATRICK SPENS.

been freighted with the noblest youth in the kingdom, is sufficiently probable; and, having been deONE edition of the present ballad is well known; layed in Norway till the tempestuous season was having appeared in the Reliques of Ancient Poetry, come on, its fate can be no matter of surprise. The and having been inserted in almost every subsequent commissioners recorded in history as having been collection of Scottish songs. But it seems to have formally sent by the Scottish nation to receive their occurred to no editor, that a more complete copy of Queen, were Sir David Wemyss of Wemyss, and the song might be procured. That, with which the Sir Michael Scott of Balwearie; the same, whose public is now presented, is taken from two MS. co- knowledge, surpassing that of his age, procured him pies, collated with several verses, recited by the the reputation of a wizard. But, perhaps, the exeditor's friend, Robert Hamilton, Esq., advocatet-pedition of Sir Patrick Spens was previous to this being the 16th and the four which follow. But, solemn embassy. The introduction of the King even with the assistance of the common copy, the into the ballad seems a deviation from history; unbadlad seems still to be a fragment. The cause of less we suppose, that Alexander was, before his Sir Patrick Spens's voyage is, however, pointed out death, desirous to see his grandchild and heir. distinctly; and it shows that the song has claim to high antiquity, as referring to a very remote period in Scottish history.

Alexander III. of Scotland died in 1285; and, for the misfortune of his country, as well as his own, he had been bereaved of all his children before his decease. The crown of Scotland descended upon his grand-daughter, Margaret, termed, by our historians, the Maid of Norway. She was the only offspang of a marriage betwixt Eric, King of Norway, and Margaret, daughter of Alexander III. The kingdom had been secured to her by the Parliament of Scotland held at Scone, the year preceding her grandfather's death. The regency of Scotland entered into a congress with the ministers of the King of Norway, and with those of England, for the establishment of good order in the kingdom of the infant Princess. Shortly afterwards, Edward I. conceived the idea of matching his eldest son, Edward, Prince of Wales, with the young Queen of Scotland. The plan was eagerly embraced by the Scottish nobles; for, at that time, there was little of the national animosity, which afterwards blazed betwixt the countries, and they patriotically looked forward to the important advantage of uniting the island of Britain into one kingdom. But Eric of Norway seems to have been unwilling to deliver up his daughter; and, while the negotiations were thus protracted, the death of the Maid of Norway effectually crushed a scheme, the consequences of which might have been, that the distinction betwixt England and Scotland would, in our day, have been as obscure and uninteresting as that of the realms of the heptarchy.-HAILES Annals. FORDUN, &C.

The unfortunate voyage of Sir Patrick Spens may really have taken place, for the purpose of bringing back the Maid of Norway to her own kingdom; a purpose which was probably defeated by the jealousy of the Norwegians, and the reluctance of King Eric. I find no traces of the disaster in Scottish history; but, when we consider the meagre matenals whence Scottish History is drawn, this is no conclusive argument against the truth of the tradition. That a Scottish vessel, sent upon such an embassy, might, as represented in the ballad, have • That the public might possess this curious fragment as entire as possible, the editor gave one of these copies, which seems the most perfect, to Mr. Robert Jamieson, to be inserted in his collection It also has been published, with many curious illustrations, in Mr. John Finlay's Scottish Historical and Romantic Ballads. Glasgow, 1908.

Robert Hamilton, Esq. Sheriff of Lanarkshire, and one of the Principal Clerks of Session, died in 1831.}

Mr. Buchan, in his "Ancient Ballads," 1828, inserts a copy of Sir Patrick Spens, which has three stanzas more than that

66

The Scottish monarchs were much addicted to sit in Dunfermline town," previous to the accession of the Bruce dynasty. It was a favourite abode of Alexander himself, who was killed by a fall from his horse, in the vicinity, and was buried in the Abbey of Dunfermline.

There is a beautiful German translation of this ballad, as it appeared in the Reliques, in the Volk'sLieder of Professor Herder-an elegant work, in which it is only to be regretted that the actual popular songs of the Germans form so trifling a proportion.

The tune of Mr. Hamilton's copy of Sir Patrick Spens is different from that to which the words are commonly sung; being less plaintive, and having a bold nautical turn in the close.

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Our King has written a braid letter,
And seal'd it with his hand,
And sent it to Sir Patrick Spens,
Was walking on the strand.
"To Noroway, to Noroway,

To Noroway o'er the faem;
The king's daughter of Noroway,
'Tis thou maun bring her hame."
The first word that Sir Patrick read,
Sae loud loud laughed he;
The neist word that Sir Patrick read,
The tear blinded his ee.

"O wha is this has done this deed,
And tauld the King o' me,

To send us out, at this time of the year
To sail upon the sea ?¶

adopted by Sir Walter Scott; and, among other variations, one in
stanza 7th, which gets rid of this difficulty. (See p. 44.) Buchan
said he had it from "a wight of Homer's craft," a wandering
minstrel, who has been travelling in the North as a mendicant
these 50 years.-Vol. I. p. 299.]

lines.

In singing, the interjection O is added to the second and fourth
Skeely skipper Skilful mariner.

By a Scottish Act of Parliament, it was enacted, that no ship should be freighted out of the kingdom, with any staple goods, be

45

"Be it wind, be it weet, be it hail, be it sleet,

Our ship must sail the faem;

The King's daughter of Noroway,
'Tis we must fetch her hame.'

They hoysed their sails on Monenday morn,
Wi' a' the speed they may;

They hae landed in Noroway,
Upon a Wodensday.

They hadna been a week, a week,

In Noroway, but twae,

When that the lords o' Noroway
Began aloud to say,-†

"Ye Scottishmen spend a' our King's goud,
And a' our Queenis fee.'

"Ye lie, ye lie, ye liars loud!
Fu' loud I hear ye lie;

"For I brought as much white monie,
As ganet my men and me,

And I brought a half-fous of gude red goud,
Out o'er the sea wi' me.

"Make ready, make ready, my merrymen a'!
Our gude ship sails the morn.'

"Now, ever alake, my master dear,
I fear a deadly storm!

"I saw the new moon, late yestreen,
Wi' the auld moon in her arm;
And, if we gang to sea, master,
I fear we'll come to harm."||

They hadna sail'd a league, a league,
A league but barely three,

When the lift grew dark, and the wind blew loud,
And gurly grew the sea.

The ankers brak, and the topmasts lap,T
It was sic a deadly storm;
And the waves cam o'er the broken ship,
Till a' her sides were torn.

"O where will I get a gude sailor,
To take my helm in hand,
Till I get up to the tall top-mast,
To see if I can spy land?"-

"O here am I, a sailor gude,
To take the helm in hand,

Till you go up to the tall top-mast;
But I fear you'll ne'er spy land.”

He hadna gane a step, a step,

A step but barely ane,

When a bout flew out of our goodly ship, **
And the salt sea it came in.tt

"Gae, fetch a web o' the silken claith,

Another o' the twine,

And wap them into our ship's side,

And let nae the sea come in."—‡‡

twixt the feast of St. Simon's day and Jude and Candlemas.James III, Parliament 2d, chap. 15. Such was the terror entertained for navigating the North seas in winter.

[In Mr. Buchan's copy we have

"But I maun sail the seas the morn,

And likewise sae maun you,

To Norroway wi' our King's daughter

A chosen Queen she's now."

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And they wapp'd them round that gude ship's
But still the sea cam in.

O laith, laith, were our gude Scots lords
To weet their cork-heel'd shoon!
But lang or a' the play was play'd,
They wat their hats aboon.

And mony was the feather bed,
That flatter'd on the faem;
And mony was the gude lord's son,
That never mair cam hame.

The ladyes wrang their fingers white
The maidens tore their hair,
A' for the sake of their true loves;
For them they'll see nae mair.

O lang, lang, may the ladyes sit,
Wi' their fans into their hand,
Before they see Sir Patrick Spens
Come sailing to the strand!

And lang, lang, may the maidens sit,
With their goud kaims in their hair
A' waiting for their ain dear loves!
For them they'll see nae mair.

O forty miles off Aberdeen,
'Tis fifty fathoms deep,

And there lies gude Sir Patrick Spens,
Wi' the Scots lords at his feet.¶¶

AULD MAITLAND.

NEVER BEFORE PUELISHED. [1802.]

THIS ballad, notwithstanding its present appearance, has a claim to very high antiquity. It has been preserved by tradition; and is, perhaps, the most authentic instance of a long and very old poem, exclusively thus preserved. It is only known to a few old people upon the sequestered banks of the Ettrick; and is published, as written down from the recitation of the mother of Mr. James Hogg,*** who sings, or rather chants it, with great animation. She learned the ballad from a blind man, who died at the advanced age of ninety, and is said to have been possessed of much traditionary knowledge. Although the language of this poem is much modernized, yet many words, which the reciters have retained without understanding them, still preserve traces of its antiquity. Such are the words springals, (corruptedly pronounced springwalls,) sowies portcullize, and many other appropriate terms of war and chivalry, which could never have been introduced by a modern ballad-maker. The incidents are striking and well managed; and they are in strict conformity with the manners of the age in

The remedy applied seems to be that mentioned in Cook's Voyages, when, upon some occasion, to stop a leak, which could not be got at in the inside, a quilted sail was brought under the vessel, which, being drawn into the leak by the suction, prevented the entry of more water. Chaucer says,

"There n'is na new guise that it na'as old."

$$ [The vulgarization of this passage in Buchan's copy, is amu"There are five-and-fifty feather beds Well packet in ae room,

sing.

And ye'll get as muckle gude canvass

As wrap the ship a' roun'," &c.]

Flattered-Fluttered, or rather floated, on the foam.

This concluding verse differs in the three copies of the ballads which I have collated. The printed edition bears, "Half'ower, half ower, to Aberdour;"

And one of the MSS. reads,

"At the back of auld St. Johnstoune Dykes." But, in a voyage from Norway, a shipwreck on the north coast seems as probable as either in the Frith of Forth or Tay; and the ballad states the disaster to have taken place out of sight of land. [Buchan's version has,

"It's even ower frae Aberdour." Aberdour is a small seaport, about six miles from "Dunfermling Town."-ED.]

***This old woman is still alive, and at present resides at Craig of Douglas, in Selkirkshire, 1805-The mother of the Ettrick Shepherd is now deceased. 1820.

which they are placed. The editor has, therefore, been induced to illustrate them, at considerable length, by parallel passages from Froissart, and other historians of the period to which the events refer.

The date of the ballad cannot be ascertained with any degree of accuracy. Sir Richard Maitland, the hero of the poem, seems to have been in possession of his estate about 1250; so that, as he survived the commencement of the wars betwixt England and Scotland, in 1296, his prowess against the English, in defence of his castle of Lauder or Thirlestane, must have been exerted during his extreme old age. He seems to have been distinguished for devotion as

His hous uphail'd, quhilk ye with honor haive.
So nature that the lyk invyand name,
In kindlie cair dois kindly courage craif,t
To follow him in fortoune and in fame.
"Richerd he wes, Richerd ye are also,
And Maitland als, and magnanime ar ye;
In als great age, als wrappit are in wo,
Sewin sons! ye haid might contravaill his thrie,
Bot Burd-allane ye haive behind as be:
The lord his linage so inlarge in lyne,
And mony hundreath nepotis grie and gries
Sen Richert wes as hundreth yeiris are hyne."

An Consolator Ballad, to the Richt Honorabill
Sir Richert Maitland of Lethingtoune.-
Maitland MSS. in Library of Edinburgh
University.

quas Dominus Ricardus de Mautlant pater suus fecit dictis monachis in territorio suo de Thirlestane." Sir William is supposed to have died about 1315. CRAWFORD's Peerage.

well as valour; for A. D. 1249, Dominus Ricardus sole surviving son of Sir Richard, ratified and conSir William Mautlant, or Maitland, the eldest and de Mautlant gave to the Abbey of Dryburgh, "Ter-firmed, to the monks of Dryburgh, "Omnes terras ras suas de Haubentside, in territorio suo de Thirlestane, pro salute animæ suæ, et sponsæ suæ, antecessorum suorum et successorum suorum, in perpetuum.' He also gave to the same convent, Omnes terras, quas Walterus de Gilling tenuit in feodo suo de Thirlestane et pastura incommuni de Thirlestane, ad quadraginta ores, sexaginta vaccas, et ad viginti equos."-Cartulary of Dryburgh Abbey, in the Advocates Library.

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Such were the heroes of the ballad. The castle of Thirlestane is situated upon the Leader, near the town of Lauder. Whether the present building, which was erected by Chancellor Maitland, and imFrom the following ballad, and from the family of the ancient castle, I do not know; but it still proved by the Duke of Lauderdale, occupies the site traditions referred to in the Maitland MSS., Auld merits the epithet of a darksome house." I find Maitland appears to have had three sons; but we learn, from the latter authority, that only one sur-improbable in supposing, that the castle, during the no notice of the siege in history; but there is nothing vived him, who was thence surnamed Burd-alane, stormy period of the Baliol wars, may have held out which signifies either unequalled, or solitary. A against the English. The creation of a nephew of Consolation, addressed to Sir Richard Maitland of Edward I., for the pleasure of slaying him by the Lethington, a poet and scholar who flourished about hand of young Maitland, is a poetical license; and the middle of the sixteenth century, and who gives may induce us to place the date of the composition name to the Maitland MSS., draws the following about the reign of David II., or of his successor, parallel betwixt his domestic misfortunes and those when the real exploits of Maitland, and his sons, of the first Sir Richard, his great ancestor :were in some degree obscured, as well as magnified, by the lapse of time. The inveterate hatred against the English, founded upon the usurpation of Edward I., glows in every line of the ballad.

"Sic destanie and derfe devoring deid
Oft his own hous in hazard put of auld;
Bot your forbeiris, frovard fortounes steid
And bitter blastes ay buir with breistis bauld;
Luit wanweirdis work and walter as they wald,
Thair hardie hairtis, hawtie and heroik,
For fortounes feid or force wald never fauld,

But stormis withstand with stomak stout and stoik.
"Renowned Richert of your race record.
Qubai prais and prowis cannot be exprest
Mair Justie lynyage nevir haid ane lord,
For he begat the bauldest bairnis and best,
Maist manful men, and madinis most modest,
That ever wes syn Pyramus son of Troy,
But pitiouslie thai peirles perles a pest
Bereft him all bot Buird-allane, a boy.
"Himselfe was aiget, his hous hang be a har,
Duill and distres almaist to deid him draife;
Yet Burd-allane, his only son and air,

As wretched, vyiss, and valient, as the laive,

* There exists also an indenture, or bond, entered into by Patrick. Abbot of Kelsau, and his convent, referring to an engagemeat betwixt them and Sir Richard Maitland, and Sir Wilham, his eldest son, concerning the lands of Hedderwicke and the pas turazes of Thirlestane and Blythe. This Patrick was Abbot of Kelso betwixt 1258 and 1260.

rage.

te. Similar family distress demands the same family couSerela sons-This must include sons-in-law; for the last Sir Richard, like his predecessor, had only three sons, namely, 1. Wilham, the famous Secretary of Queen Mary; II Sir John, who alone survived him, and is the Burd-allane of the Consolation; IIL Thomas, a youth of great hopes, who died in Italy. But he had four daughters married to gentleman of fortune.-PINKERTON's List of Scottish Poets, p. 114.

Grie and gric-In regular descent; from gre, French. Such liberties with the genealogy of monarchs were common to romancers. Henry the Minstrel makes Wallace slay more than one of King Edward's nephews; and Johnie Armstrong claims the ment of slaying a sister's son of Henry VIII.

It is impossible to pass over this curious list of Scottish Romences without a note; to do any justice to the subject would require an essay-- Raf Coilyear is said to have been printed by Lekprevick, in 1572; and of late recovered, has been reprinted by Mr. David Laing of Edinburgh. Though it is now known only in its Scotch dress, this piece appears to have been originally French. .. John the Reif, as well as the former personage, is mentioned by Dunbar, in one of his poems, where he styles mean

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Auld Maitland is placed, by Gawain Douglas, Bishop of Dunkeld, among the popular heroes of ro mance, in his allegorical Palice of Honour.

"I saw Raf Coilyear with his thrawin brow,
Crabit John the Reif, and auld Cowkilbeis Sow;
And how the wran cam out of Ailesay,
And Piers Plowman, that meid his workmen few:
Gret Gowmacmore, and Fin Mac Cowl, and how
They suld be goddis in Ireland, as they say.
Thair saw I Maitland upon auld beird gray,
Robin Hude, and Gilbert with the quhite hand,
How Hay of Nauchton flew in Madin land."¶

In this curious verse, the most noted romances, or
popular histories of the poet's day, seem to be no-

-"disagysit, like John the Raif, he gied."
Cowkilleis Sote is a strange legend in the Bannatyne MSS.-See
Complaynt of Scotland, p. 131... How the wren came out
of Ailsay-The wren, I know not why, is often celebrated in
Scottish song. The testament of the wren is still sung by the
children, beginning,

"The wren she lies in care's nest,
Wi' meikle dole and pyne."

Piers

This may be a modification of the ballad in the text.
Plowman is well known. Under the uncouth names of Gow Mac
Morn, and of Fyn MacCowl, the admirers of Ossian are to recog-
nise Gaul, the son of Morni, and Fingal himself; heu, quantum
mutatus ab illo!
To illustrate the familiar character of
Robin Hood, would be an insult to my readers. But they may be
less acquainted with Gilbert with the White Hand, one of his
brave followers. He is mentioned in the oldest legend of that
outlaw; Ritson's Robin Hood, p. 52:

"Thryes Robin shot about,

And alway he slist the wand,
And so dyde good Gylberte
With the White Hand."

Hay of Nachton I take to be the knight, mentioned by Wyntown,
whose feats of war and travel may have become the subject of a
romance or ballad. He fought in Flanders, under Alexander, Earl
of Mar, in 1408, and is thus described :-

"Lord of the Nachtane, Schire William,
Ane hanest knycht, and of gud fame,
A travalit knycht lang before than."

They seem to have been both robbers; Lord Hailes conjectured
John the Reif to be the same with Johnnie Armstrong; but. And again, before an engagement,

surely, not with his usual accuracy; for the Palice of Honour
was printed twenty-eight year's before Johnnie's execution. John
the Reif is mentioned by Lindesay, in his tragedy of Cardinal

Beaton:

"The Lord of Nachtane, Schire William,
The Hay, a knycht than of gud fame,
Mad Schire Gilbert, the Hay, knycht."

Cronykil, B. IX. e. 27.

ticed. The preceding stanza describes the sports of the field and that which follows refers to the tricks of jugailrie; so that the three verses comprehend the whole pastimes of the middle ages, which are aptly represented as the furniture of Dame Venus's chamber. The verse, referring to Maitland, is obviously corrupted; the true reading was probably, "with his auld beird gray." Indeed, the whole verse is full of errors and corruptions; which is the greater pity, as it conveys information to be found nowhere else.

The descendant of Auld Maitland, Sir Richard of Lethington, seems to have been frequently complimented on the popular renown of his great ancestor. We have already seen one instance; and in an elegant copy of verses in the Maitland MSS., in praise of Sir Richard's seat of Lethington, which he had built, or greatly improved, this obvious topic of flattery does not escape the poet. From the terins of his panegyric we learn, that the exploits of auld Sir Richard with the gray beard, and of his three sons, were sung in many a far countrie, albeit in rural rhyme;" from which we may infer, that they were narrated rather in the shape of a popular ballad, than in a romance of price. If this be the case, the song now published may have undergone little variation since the date of the Maitland MSS.; for, divesting the poem, in praise of Lethington, of its antique spelling, it would run as smoothly, and appear as modern, as any verse in the following ballad. The lines alluded to are addressed to the castle of Lethington :

"And happie art thou sic a place,
That few thy maik* are sene!
But yit mair happie far that race

To quhome thou dois pertene.

Quha dois not knaw the Maitland bluid,
The best in all this land?

In quhilk sumtyme the honour stuid
And worship of Scotland.

"Of auld Sir Richard, of that name, We have hard sing and say;

Of his triumphant nobill fame,
And of his auld baird gray,
And of his nobill sonnis three,

that had no be,

Quhilk maid Scotland renounit
And all England to quaik.

"Quhais luifing praysis, made trewlie, Efter that simple tyme,

Ar sung in mony far countrie,

Albeit in rural rhyme.

And, gif I dar the treuth declair,
And nane me fleitschourt call,

I can to him find na compair,
And till his barnis all."

It is a curious circumstance, that this interesting tale, so often referred to by ancient authors, should be now recovered in so perfect a state; and many readers may be pleased to see the following sensible observations, made by a person born in Ettrick Forest, in the humble situation of a shepherd :-"I am surprised to hear that this song is suspected by some to be a modern forgery; the contrary will be best proved, by most of the old people, hereabouts, having a great part of it by heart. Many, indeed, are not aware of the manners of this country; till this present age, the poor illiterate people, in these glens, knew of no other entertainment, in the long winter nights, than repeating, and listening to, the feats of their ancestors, recorded in songs, which I believe to be handed down, from father to son, for

I apprehend we should read, "How Hay of Nachton slew in Madin Land." Perhaps Madin is a corruption for Maylin Land, or Milan.

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many generations, although, no doubt, had a copy been taken, at the end of every fifty years, there must have been some difference, occasioned by the gradual change of language. I believe it is thus that many very ancient songs have been gradually modernized, to the common ear; while, to the connoisseur, they present marks of their genuine antiquity."-Letter to the Editor, from Mr. JAMES HoGG. [June 30, 1801.] To the observations of my ingenious correspondent I have nothing to add, but that, in this, and a thousand other instances, they accurately coincide with my personal knowledge.

AULD MAITLAND.

THERE lived a king in southern land,
King Edward hight his name;
Unwordily he wore the crown,
Till fifty years were gane.

He had a sister's son o's ain,

Was large of blood and bane;
And afterward, when he came up,
Young Edward hight his name.t
One day he came before the king,
And kneel'd low on his knee-
A boon, a boon, my good uncle,
I crave to ask of thee!

At our lang wars, in fair Scotland,
I fain hae wish'd to be;

If fifteen hundred waleds wight men
You'll grant to ride wi' me.'

"Thou sall hae thae, thou sall hae mae; I say it sickerlie;

And I mysell, an auld gray man,
Array'd your host sall see.'

King Edward rade, King Edward ran-
I wish him dool and pyne !!!
Till he had fifteen hundred men
Assembled on the Tyne.

And thrice as many at Berwicke¶
Were all for battle bound,

[Who, marching forth with false Dunbar,
A ready welcome found.**]

They lighted on the banks of Tweed,
And blew their coals sae het,

And fired the Merse and Teviotdale,
All in an evening late.

As they fared up o'er Lammermore,
They burn'd baith up and down,
Until they came to a darksome house,
Some call it Leader-Town.

"Wha hauds this house?" young Edward cry'd, "Or wha gies't ower to me?"—

A gray-hair'd knight set up his head,
And crackit richt crousely:

"Of Scotland's king I haud my house;
He pays me meat and fee;
And I will keep my guid auld house,
While my house will keep me.'

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They laid their sowies to the wall,tt
Wi' mony a heavy peal;
But he threw ower to them agen
Baith pitch and tar barrel.

** These two lines have been inserted by Mr. Hogg, to complete the verse. Dunbar, the fortress of Patrick, Earl of March, was too often opened to the English, by the treachery of that Baron, during the reign of Edward I.

+ In this and the following verse, the attack and defence of a fortaccurately and concisely. The sow was a military engine, resemress, during the thirteenth and fourteenth centuries, are described bling the Roman testudo. It was framed of wood, covered with hides, and mounted on wheels, so that, being rolled forward to the foot of the besieged wall, it served as a shed, or cover, to defend the miners, or those who wrought the battering ram, from the stones and arrows of the garrison. In the course of the famous defence, made by Black Agnes, Countess of March, of her hus band's Castle of Dunbar, Montague, Earl of Salisbury, who com manded the besiegers, caused one of these engines to be wheeled up to the wall. The Countess, who, with her damsels, kept her

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