APPENDIX. No. I. Account of the Attack and Defence of Two Border Strongholds, extracted from Patton's Account of Somerset's Expedition to Scotland in 1544. Dalzell's Fragments of Scottish History, p. 36. IN the way we should go, a mile and a half from Dunglas northward, there are two pyles or holds, Thornton and Anderwike, set both on craggy foundation, and divided a stone's cast asunder, by a deep gut, wherein ran a little river. Thornton belonged to the Lord Hume, and was kept by one Tom Trotter, whereunto my lord's grace over night, for summons, sent Somerset, his herald, toward whom four or five of this captain's prickers with their gaddes (ie. lances) ready charged did right hastily direct their course; but Trotter both honestly defended the herald and sharply rebuked his men, and said, for the summons, he would come speak with my lord's grace himself; notwithstanding he came not, but straight locked up about 16 poore souls like the soldiers of Dunglas fast within the house, took the keys with him, and commanding them they should defend the house and tarry within (as they could not get out) till his return, which should be on the morrow, with munition and relief, he with his prickers prickt quite his ways. Anderwick pertained to the Lord of Hamilton, and was kept by his son and heir (whom by custom they call the Master of Hamilton), and an 8 more with him, gentlemen (for the most part, as we heard say. My lord's grace, at his coming nigh. sent unto both these piles, which upon summons refusing to render, were straight assailed; Thornton by battery of four of our great pieces of ordinance, and certain of Sir Peter Mewtus' hackbutters to watch the loop holes and windows on all sides, and Anderwick by a sort of the same hakbutters alone, who so well besturred them, that when these keepers had rammed up their outer doors, clayed and stopped up their stairs within, and kept themselves aloft for defence of their house about the battlements, the hakbutters got in and fired them underneath, whereby being greatly troubled with smoke and smother, and brought in desperation of defence, they called pitifully over their walls to my lord's grace for mercy; who, notwithstanding their great obstinacy, and the sample other of the enemies might have had by their punishment, of his noble generositie, and by these words making half excuse for them (men may sometimes do that hastily in a jeer, whereof after they may soon repent them), did take them to grace, and therefore sent one straight to them. But ere the messenger came the hackbutters had gotten up to them, and killed eight of them aloft; one leaped over the walls, and running more than a furlong after, was slain without in a water. All this while at Thornton, our assault and their defence was stoutly continued, but well perceiving how on the one side they were battered, mined on the other, kept in with the hakbutters round about, and some of our men within also occupying all the house under them (for they had likewise stopped up themselves in the highest of their house), and so to do nothing inward or outward, neither by shooting of base (whereof they had but one or two) nor tumbling of stones (the things of their chief annoyance), whereby they might be able any while to resist our power or save themselves, they plucked in a banner that afore they had set out in defiance, and put out over the walls a white linnen cloth tied on a stick's end, crying all with one tune for mercy; but having answer by the whole voice of the assailants, they were traitors, and it was too late, they plucked in their stick and stuck up the banner of defiance again, shot of, hurled stones, and did what else they could, with great courage of their side, and little hurt of ours. Yet then after being assured of our ernesty, that we had vowed the winning of their hold, before our departure, and then, that their obstinacy could deserve no less than death, pluckt in their banner once again, and cried upon mercie; and being generally answered, Nay, nay, never look for it, for ye are errant traitors,' then made they petition that if they must needs die, yet that my lord's grace would be so good to them as they might be hanged, whereby they might somewhat reconcile themselves to Godward, and not to dye in malice with so great danger of their souls; a policy sure in my mind, though but of gross heads, yet of fine device. Sir Miles Partridge being nigh about this pile at that time, and spying one in a red doublet, did guess he should be an Englishman, and therefore came and furthered this petition to my lord's grace the rather, which then took effect: They came and humbled themselves to his grace, whereupon, without more hurt, they were but commanded to the provost-marshal. It is somewhat here to consider, I know 6 not whether the destiny or hap of man's life; the more worthy men, the less offenders, and more in the judge's grace, were slain; and the beggars, the obstinate rebells, that deserved nought but cruelty, were saved. To say on now, the house was soon after so blown up with powder, that more than one half fell straight down to rubbish and dust, the rest stood all to be shaken with rifts and chinks. Anderwick was burned, and all the houses of office and stacks of corn about them both. No. II. Account of the Borderers, translated from Leslaus, de Origine, Moribus, et Rebus gestis Scotorum. AMONG all the provinces of Scotland, those which are situated next to England assume to themselves the greatest habits of license, in which they frequently indulge with impunity. For as, in the time of war, they are readily reduced to extreme poverty by the almost daily in roads of the enemy, so, on the restoration of peace, they entirely neglect to cultivate their lands, though fertile, from the fear of the fruits of their labour being immediately destroyed by a new war. Whence it happens that they seek their subsistence by robberies, or rather by plundering and rapine (for they are particularly averse to shedding of blood); nor do they much concern themselves whether it be from Scots or English that they rob or plunder, and carry off by stealth their booty of horses, cattle, and sheep. They live chiefly on flesh, milk, and boiled barley. Their use of bread is very limited, as well as of good beer and wine, in neither of which they take much delight, even when they obtain them. Their residences consist of huts and cottages, about the burning of which they are nowise concerned. The chiefs construct for themselves a pyramidical kind of towers, which they call peels, made entirely of stone, and which cannot be demolished by fire, nor thrown down wit hout great force and labour. There are, however, among them, chiefs of noble rank, some of whom, although they commit no depredations openly themselves, do, notwithstanding, lest they should give offence to their own tribe, connive at those done by others, even though they do not participate in the plunder. Of this they are highly careful, lest, if they should behave harshly to their own people in time of peace, they should find them less obedient at the approach of war. And although there may be some few men of influence, who are sincerely earnest about justice and civil affairs, yet they cannot resist the multitude, who are so hardened by their inveterate habits, that they have become as it were a second nature. Besides, if the chief men should require auxiliary forces from the king against those robbers, as has been often attempted, they only lose their labour. Indeed, these plunderers are so well protected by the nature of the ground, that should they be forced out from their thickest woods, they instantly betake themselves to the rugged mountains; if again they are expelled from these, they take their flight towards the banks of rivers and the marshes. If they shall still find it necessary to remove quarters, they next, with perfect safety to themselves, entice their pursuers into some of the most intricate parts of the marshes, which, though to appearance they are green meadows, and as solid as the ground, are nevertheless seen, upon a person's entering upon them, to give way, and in a moment to swallow him up into the deep abyss. Not only do the robbers themselves pass over these gulfs with wonderful agility and lightness of foot, but even they accustom their horses to cross many places with their knees bent, and to get over where our footmen could scarcely dare to follow; and chiefly on this account, they seldom shoe their horses. They reckon it a great disgrace, and the part of a mean person, for any one to make a journey on foot, whence it follows that they are mostly all horsemen. If, therefore, they be possessed of nimble horses, and have sufficient wherewith to ornament their own persons and those of their wives, they are by no means anxious about other pieces of household furniture. What some have said of the Scots being in the practice of living on human flesh, cannot be ascribed to any others than these Borderers, and not to them all, but only to those of Annandale; indeed, our writers do say, that only the Ordovici, who inhabited the modern Annandale, were wont to feed upon the flesh of their captives, whom they also distinguish for a farther piece of Gruelty, that the women, namely, should with their own hand kill their husbands who had been vanquished in war, on their return home, as if the fact of being defeated was sufficient indication of cowardice, which they looked upon as the highest crime in a man. But the ferocious habit of a small tribe, which is long since disused, ought not to be ascribed to the whole nation of the Scots; much less that which is quoted from D. Hieronymus, that one of the Scots themselves was seen in Gaul to eat human flesh, although some were of opinion that he was a Scythian. They might as reasonably also be pleased to affirm, upon the evidence of a single instance, that all the Scots at this day live upon raw salmon, even when newly taken out of the rivers, without salt or bread; for there is an instance quite familiar to us, of a man very noted among ourselves, called Monanus Hogg who had been condemned to exile in his youth, and, unknown to any, had concealed himself for some time near a certain river, where he could find no meat at all, and perceiving that he could easily catch salmon upon the sandy shallows, by an art which he had learnt before, he forthwith caught and ate them raw, and became at length so inured to that sort of food, that when an old man, he was often seen to eat freely, and without the least disgust, as much raw salmon, as many others could do of the best fish boiled, and that in the presence of several who would not believe it; a wonderful instance how pressing a thing want is, in cases of adversity, and how powerful is custom, that second nature.* But I return to our Dalesmen, or Borderers, in whom, though some things are to be noticed to their dispraise, yet there are others to be greatly admired; for most of them, when determined upon seeking their supply from the plunder of the neighbouring districts, use the greatest possible caution not to shed the blood of those that oppose them; for they have a persuasion that all property is common by the law of natnre, and is therefore liable to be appropriated by them in their necessity, but that murder and other injuries are prohibited by the Divine law. If, however, they do commit any voluntary slaughter, it is generally done in revenge of some injury, but more frequently of the death of some of their own relations, even though it be in consequence of the laws of the kingdom. Then arises a deadly hatred, not one against one, or a few against a few, but of them all, how numerous soever the tribe may be, against all of the opposite name, however innocent or ignorant of the alleged injury; which plague of deadly feud, though a general calamity through the kingdom, is chiefly proper to these people. To their praise it may be added, that, having once pledged their faith, even to an enemy, they are very strict in observing it, insomuch, that they think nothing can be more heinous than violated fidelity. If, however, any one shall be found guilty of this crime among them, it is usual for him who has received the injury, or any one of his name, to suspend the culprit's glove upon the top of an elevated spear, and to ride about with it, exhibiting it in reproach of his violation of faith, which is done in their solemn conventions, as, for example, in those while the wardens of the marches of both kingdoms are sitting to make amends for injuries, according to custom. They think there cannot be a greater mark of disgrace than this, and esteem it a greater punishment even than an honourable death inflicted on the guilty person; and those of the same tribe frequently resent it in the same manner. Nor, indeed, have the Borderers, with such ready frenzy as many others of the country, joined the heretical succession from the common faith of the holy church. They take great pleasure in their own music, and in their rhythmical songs, which they compose upon the exploits of their ancestors, or in their own ingenious stratagems in plundering, or their artificial defences when taken. Besides, they think the art of plundering so very lawful, that they never say over their prayers more fervently, or have more devout recurrence to the beads of their rosaries, than when they have made an expedition, as they frequently do, of forty or fifty miles, for the sake of booty. They leave their frontiers in the night time in troops, going through impassable places, and through many by-paths. In the day time they refresh their horses, and recruit their own strength, in hiding places prepared before hand, until the approach of night, when they advance to their place of destination. Having seized upon their booty, they in the same manner return by night, through circuits and by-ways, to their own habitations. The more expert each leader is in making his way through these dreary places, windings, and precipices, in the darkest night, he is so much the more accounted a person of superior ingenuity, and held in greater honour; and with such secrecy can they proceed, that they very rarely allow their prize to be recovered, unless they be sometimes tracked by their opponents, when discovered by keen-scented dogs, who always follow them in the right path. But if they are taken, their eloquence is so powerful, and the sweetness of their language so winning, that they even can move both judges and accusers, however severe before, if not to mercy, at least to admiration and compassion. No. III. Border Clans. THE principle of clanship had been reluctantly acknowledged by the Scottish legislature, not as a system approved of, but as an inveterate evil, to cure which they were obliged to apply extraordinary remedies. By the statute 1581, chap. 112, it was declared, that the clans of thieves, keeping together by occasion of their surnames, or near neighbourhood, or society in theft, were not subjected to the ordinary course of justice; and therefore it was made lawful, that whatever true and obedient subject should suffer loss by them, might not only apprehend, slay, and arrest the persons of the offenders, but of any others being of the same clan. And thus the whole sept was rendered jointly answerable, and liable to be proceeded against, in the way of retaliation, for the delinquencies of each individual. But to render the recourse of the injured parties more effectual, an elaborate statute (1587, ch. 94, 97), made two years afterwards, proceeding on the same melancholy preamble of waste and depredation committed on the Borders and Highlands, directs that security shall be found by those landlords and bailies on whose grounds the offending clans In the curious account of the Tonga Islands, by Mr Mariner, it appears that he easily acquired the habit of eating raw fish among the South Sea Islanders, men dwelt, that they would bring them to abide process of law when complained of, or otherwise drive them from their grounds. It was further decreed, that the clans, chiefs, and chieftains, as well on the Highlands as on the Borders, with the principal branches of each surname who depe..ded upon their several captains by reason of blood or neighbourhood, should find hostages or pledges for keeping good rule in time coming, under pain of the execution of these hostages unto the death, in case transgression should happen without amends being made by delivery of the criminal. These hostages were to be kept in close prison until the chiefs by whom they were entered in pledge found security that they would not break ward. that is, make their escape. But no such security being found, the hostages were to be placed in free ward; that is, were to remain prisoners on parole at their own expense in the families of such inland gentlemen and barous as should be assigned to take charge of them respectively, the Borderers being quartered on the north, and the Highlanders on the south side of the Forth; which barons were bound, under a penalty of 1.200, not to license their departure. The clans who should fail to enter such pledges within the time assigned, were to be pursued as incorrigible freebooters, with fire and sword. To render the provisions of this act yet more effectual, it was appointed (chap. 96) that all Highlanders and Borderers should return from the inland country to the place of their birth (chap. 97): That all the clans should be entered in a register, with the names of the hostages or sureties, and of the landlords or bailies. Also (chap. 98), that vagabonds and broken men, for whom no sureties or pledges were entered, as belonging to no known clan, should find security to undergo the law, under pain of being denounced rebels. Also (chap. 100), that the security found by the feudal landlords and bailies to present such offenders as dwelt on their lands to regular trial was distinct from, and independent of, that which should be found by the patriarchal captain, head, or chieftain of the clan, and that each subsisted and might be acted on without prejudice to the other. These securities being obtained, it was provided, that when goods or cattle were carried off by the individuals of any clan, the party injured should intimate the robbery to the chief, charging him to make restitution within fifteen days, wherein if he failed, the injured party should have action against him, and other principal persons of the clan to the amount of his loss. These, and other minute regulations to the same purpose, show that the clan system had become too powerful for the government, and that, in order to check the disorders to which it gave rise, the legislature were obliged to adopt its own principle, and hold the chief, or patriarch of the tribe, as liable for all the misdeeds of the surname. The rolls which were made up in consequence of these acts of parliament, give us an enumeration of the nobles and barons (several of whom were themselves also chiefs) who possessed property in the disturbed Border districts, and also of the clans who dwelt in them. Roll of the Names of the Landlords and Bailies of Lands dwelling on the Borders,* where broken Men have dwelt and presently dwell. A. D. 1587. MIDDLE MARCH. The Earl of Bothwell (formerly Hepburn, then Stuart.)-The Laird of Fairny herst (Kerr.) The Earl of Angus (Douglas.)-The Laird of Buckcleuch (Scott)-The Sheriff of Teviotdale (Douglas of Cavers)-The Laird of Bedroule (Turnbull.)—The Laird of Wauchop.-The Lord Herries (formerly Harries, then Maxwell.)—The Laird of Howpaisley (Scott.)-George Turnbull of Halronle.-The Laird of Littledene (Kerr.) -The Laird of Drumlanrigg (Douglas.)—The Laird of Chisholme (Chisholme.) WEST MARCH. The Lord Maxwell (Maxwell.)-The Laird of Drumlanrigg (Douglas.)—The Laird of Johnston (Johnstone.)—The Laird of Applegirth (Jardine.)-The Laird of Holmends (Carruthers.) The Laird of Gratney (Johnstone.)-The Lord Herries (Maxwell.)— The Laird of Dunwiddie -The Laird of Lochinvar (Gordon.) The Roll of the Clans that have Captains and Chieftains on whom they depend oftimes against the Will of their Landlords, and of some special Persons of Branches of the said Clans. MIDDLE MARCH. Elliots (Laird of Lairistoun.)--Armstrongs (Laird of Mangertoun.)-Nicksons.‡ -Crossers. WEST MARCH. Scotts of Ewsedale. §-Beatisons. **-Littles (chief unknown )-Thomsons (chief unknown.)—Glendinnings (Glendonwyne of that Iik)-Irvings (Irving of Bonshaw.) Those of the Highlands are omitted, as not being comprehended in the present subject. The Nixons and Crossers might rather be termed English than Scottish Borderers. They inhabited the Debateable Land, and were found in Liddesdale, but were numerous in Cumberland. It is not easy to conjecture whether one part or branch of this numerous surname is distinguished from the rest, or whether it must be understood to comprehend the whole clan. The chief of the name was Scott of Buccleuch. **Or Beatties, a name still numerous on the Borders. They were dispossessed of large possessions in Eskdale, by the Scots, who killed many of them in the struggle. The name of their chief is unknown. The last was called The Galliard, slain at the Galliard's-haugh, near Langholm. Bells (believed to be Bell of Blacket House -Carruthers (Laird of Holmends.)—Grahames.-Johnstones (Laird of Johnstone.)—Jardanes (Laird of Applegirth)-Moffetts (chief unknown, but the name being territorial, it is probably an ancient clan.)-Latiiners (chief unknown.) A little work, called "Monipenny's Chronicle,+" published in 1597 and 1633, gives, among other particulars concerning Scotland, a list of the principal clans and surnames on the Borders not landed, as well as of the chief riders and men of name among them. From this authority, we add the following list of foraying, or riding claps, as they were termed, not found in the parliamentary roll of 1587. It commences with the east marches, which, being in a state of comparative good order, were not included under the severe enactments of 1587. EAST MARCHES. Bromfields (chief, Bromfield of Gordon Mains, or of that Ilk.)-Trotters (chief unknown.) Diksons (chief unknown.)-Redpeth (Laird of Redpath.)-Gradens (Laird of Graden originally their chief.)-Youngs (chief unknown )-Pringles (believed to be Pringle of Galashiels.)—lates Tait of Pirn.)—Middlemast (chief unknown.)—Burns (chief unknown.)—Dalgleishes (Dalgleish of that Ilk.)-Davisons (Davison of Symiston.)-Pyles (Pyle, or Peele, of Minheuch.)-Robisons (chief unknown-a Cumberland clan.)-Ainslies (chief unknown.)-Olivers (chief unknown-believed to be Lustruther.)-Laidlaws (chief unknown: it is said by tradition the family came from Ireland, and that the name was originally Ludlow.) LIDDESDALE. Parks (chief, John of Park.)—Hendersons (chief unknown.) WEST MARCHES. Carliles (Lord Carlile.)-Romes, Gasses (Clans now almost extinct-chiefs unknown.) An equally absolute authority is the enumeration which is put by Sir David Lindsay of the Mount, in his very curious drama called the Partium, into the mouth of Common Thift, a Borderer, and who, being brought to condign punishment, takes leave of his countrymen and companions in iniquity : "Adieu, my brother Annan thieves, The chief of the Grahames is unknown. The clan were rather English than Scottish. They inhabited the Debateable Land. [The small volume entitled The Abridgment, or Summarie of the Scots Chronicles, from Fergusius's, the first, &c., with a true description of the whole realme of Scotland, &c., is rarely to be met with per se. It is, however, reprinted in the first volume of Wylie's Miscellanea Scotica, 4 vols. 12mo. Glasgow, 1818-20.] Ainslie, as now spelled and pronounced. The popular pronunciation of Turnbull. **Spelled Curwings: the same with Irving, which is sometimes popularly pronounced Euring as if the v. were an u. tt Elwands, or Elwoods, the old way of spelling Elliot. |