Various statutes and regulations were made for the purpose of repressing the depredations of these Border freebooters, but they remained for the most part a dead letter. It happened not unfrequently that, when the disorders caused by their marauding incursions reached a certain height, the Scottish kings or governors marched to the Borders, seized and imprisoned the chiefs, and executed without mercy the inferior captains and leaders. The most noted of these expeditions was the famous one undertaken by James V. in the year 1529. Before setting out on his journey, he very sagaciously took the precaution of putting in safe custody the principal Border chieftains-the Earl of Bothwell, Lords Home and Maxwell, and the Lairds of Buccleuch, Ferniehirst, Polwarth, and Johnstone, who were the chief protectors of the marauders. The king having thus secured the principal offenders, placed himself at the head of an army of eight thousand men, and marched rapidly forward through the disturbed districts. After visiting the upper part of Peeblesshire, Ettrick Forest (now Selkirkshire), and Teviotdale, doing justice on various parties as he proceeded, the king arrived in Eskdale, which adjoins the south-western Border. Here his army drew up in front of the tower of Gilnockie, the stronghold of Johnnie Armstrong, one of the most noted freebooters in this part of the country. Johnnie, whose exploits are celebrated in tradition and song, appears to have carried on his depredations upon a singularly magnificent scale. The whole neighbouring district of England, for many miles round, paid him black-mail; and the terror of his name is said to have spread almost as far as Newcastle. His tower is still extant in Eskdale, a few miles from Langholm, where its ruins yet serve to adorn a scene of exquisite loveliness (see Illustration). The evil genius of Johnnie Armstrong, or the private advice of some courtiers, or, as others allege, a determination to brave it out before the king, induced him to present himself before James with a gallant companie' of thirty-six followers, arrayed in all the pomp of Border chivalry. The spot at which the meeting took place was at Carlinrigg Chapel, ten miles south of Hawick. It turned out that Johnnie had entirely miscalculated the effect likely to be produced by the imposing appearance of his train. The king, incensed to see a freebooter so gallantly equipped, commanded him instantly to be led to execution, saying: 'What wants this knave save a crown to be as magnificent as a king?' But Johnnie Armstrong, says Pitscottie, made great offers to the king for his life; offering to maintain himself, with forty men, ready to serve the king at a moment's notice at his own expense; engaging never to hurt or injure any Scottish subject—as indeed had never been his practice; and undertaking that there was not a man in England, of whatever degree-duke, earl, lord, or baron-but he would engage, within a certain time, to present to the king dead or alive. All was unavailing. James would listen to no offer, however great. At length, seeing no

hope of favour, Johnnie said very proudly: 'It is folly to seek grace at a graceless face; but had I guessed you would have used me thus, I would have kept the Border side in despite of the king of England and you both; for I know King Henry would downweigh my best horse with gold to know that I am condemned to die this day.' Johnnie and all his retinue were immediately hanged upon some growing trees near Carlinrigg Chapel. They were buried in its deserted churchyard, where their graves are yet shewn. The country people, who hold the memory of the unfortunate marauders in very high respect, believe that, to manifest the injustice of their execution, the trees immediately withered away.

'Where rising Teviot joins the Frostylee,

Stands the huge trunk of many a leafless tree;
No verdant woodbine-wreaths their age adorn,
Bare are the boughs, the gnarled roots uptorn.
Here shone no sunbeam, fell no summer dew,
Nor ever grass beneath the branches grew,
Since that bold chief, who Henry's power defied,
True to his country, as a traitor died.'

Scenes of Infancy.

The extent to which James carried his severity was, without doubt, cruel and excessive. But such was the terror which he thus struck into the Border marauders, that for a season he made 'the rush-bush keep the cow;' and, according to an old history, 'thereafter there was great peace and rest a long time, wherethrough the king had great profit; for he had ten thousand sheep going in the Ettrick Forest in keeping by Andrew Bell, who made the king as good count of them as they had gone in the bounds of Fife.'

Various expeditions of a similar kind were undertaken on subsequent occasions, especially by the Regent Murray, who suppressed with a firm hand the outrages of the moss-troopers, whom he caused to be hanged or drowned by dozens. But these examples of sanguinary justice had no permanent effect in tranquillising the Border districts. Hence it was found necessary to intrust the wardens of the marches with the most extensive powers for the maintenance of peace and order. These officers seem to have imitated closely the royal example in the summary execution of those marauders who fell into their hands. The next tree, or the deepest pool of the nearest stream, was indifferently used on such occasions. Great numbers of the moss-troopers are said to have been drowned in a deep eddy of the Jed near Jedburgh. The ordinary proverb of 'Jedburgh justice,' where men were said to be hanged first and tried afterwards, appears to have taken its rise from these summary proceedings.

One of the most important regulations both for preventing and punishing the disorders committed by the lawless banditti on the

Borders, was the holding days of truce by the wardens on either side, in which the offences complained of by the subjects of both kingdoms were, with great solemnity, inquired into and remedied. The wardens on these occasions took the field in great state, attended by the chief men within their districts, all in their best arms, and well mounted. After an assurance had been mutually given for keeping the peace from sunrise till sunset, the two wardens met in great form, embraced each other, and then proceeded to examine the 'bills' or complaints tendered on either side. In doubtful cases, the matter was tried by a jury of twelve, chosen equally from the two nations, or was referred to an umpire mutually chosen, or in some cases to the oath of the party accused.

The wardens were bound to have the offenders against whom complaints were made in custody, in order that they might be in readiness to answer the charges brought against them. But as this would have been often difficult, and sometimes impossible, the warden usually took security from the chief or kinsmen of the accused parties, that they should be forthcoming when called for. If the persons charged were found guilty, they were delivered up to the opposite warden, by whom they were imprisoned until they had paid treble the value of the goods stolen. A kind of account-current was made up of the extent of mutual damage sustained by both kingdoms, and the complaints found proved on each side having been enumerated, the balance was struck against that country whose depredators had committed the greatest number of offences.

While the wardens were engaged in these judicial investigations, their retainers intermixed fearlessly and peaceably with each other in mutual sports and familiar intercourse-'in merchandise and merriment'

'They met and sate them mingled down,
Without a threat, without a frown,

As brothers meet in foreign land.
The hands the spear that lately grasped,
Still in the mailed gauntlet clasped,

Were interchanged in greeting dear;

Visors were raised, and faces shewn,

And many a friend to friend made known,
Partook of social cheer.

Some drove the jolly bowl about;

With dice and draughts some chased the day;
And some, with many a merry shout,

In riot, revelry, and rout,

Pursued the football play.'

Lay of the Last Minstrel, Canto v.

These peaceful meetings, however, were often converted into scenes of battle and bloodshed. Among the fiery spirits by whom each warden was respectively attended, there must often have been many

betwixt whom deadly feud existed, and not a few whose interest it was to instigate any quarrel which might interrupt the course of justice, and prevent their depredations from being inquired into. Among such combustible materials, the slightest spark served to kindle a flame. Hence, as the poet remarks:

"Twixt truce and war a sudden change

Was not infrequent, nor held strange,
In the old Border-day.'

Repeated instances occur of such casual affrays happening, in which the Border chiefs, and sometimes even the wardens themselves, were wounded or slain. One of these skirmishes is vividly portrayed in the old ballad of the Raid of the Reidswire. On the 7th of July 1575, Sir John Carmichael, warden of the Scottish middle marches, and Sir John Foster, the English officer on the opposite frontier, held a meeting for the regulation of Border affairs, each being as usual attended by his retinue, and by the armed clans inhabiting his district. According to the old minstrel, the Borderers of Tynedale and Reedsdale, who attended the English warden, all well armed 'with jack, and spear, and bended bows,' were much more numerous than the Scottish clans. The meeting began in mirth and good neighbourhood. The wardens proceeded to the usual business of the day, and their attendants engaged in sports and gaming. The pedlers erected their temporary booths, and displayed their wares; and the whole had the appearance of a peaceful holiday or rural fair.

During this mutual friendly intercourse, a dispute arose respecting one Farnsteen, a notorious English freebooter, against whom a bill at the instance of a Scottish complainer, had been 'foaled;' that is, found a true bill. Foster alleged that he had fled from justice; Carmichael, considering this as a pretext to avoid making compensation for the felony, bade him 'play fair;' to which the haughty English warden retorted, by contemptuously desiring Carmichael to match himself with his equals. The English Borderers, glad of any pretext for a quarrel, immediately raised their war-cry of: "To it, Tynedale!' and discharged a flight of arrows among the Scots. A warm conflict ensued, in which Carmichael was at first beaten down and taken prisoner, and the Scots, few in number, and surprised, were with difficulty able to keep their ground. But the Tynedale men beginning greedily to rifle the merchant packs,' fell into disorder; and a band of the citizens of Jedburgh, armed with firearms, opportunely arriving at that instant, the skirmish terminated in a complete victory on the part of the Scots. Sir John Heron of Chipchase was slain on the spot, to the great regret of both parties; and Sir John Foster, with many other Englishmen of rank, were made prisoners. The Scots lost but one gentleman of name.

This affray was remarkable as being the last skirmish of any

consequence fought on the Borders. The field of battle was called the Reidswire, a spot on the ridge of the Carter Fells, which divide England from Scotland. The prisoners were sent to the Earl of Morton, then regent, who detained them at Dalkeith, and then dismissed them with presents of choice falcons and great expressions of regard. On this a saying arose amongst the Borderers, that for this once the regent had lost by his bargain: he had given live hawks for dead Herons—alluding to the death of Sir John Heron.

A few years later, a singular incident arose out of one of these warden meetings, which had well-nigh occasioned a war between the kingdoms.

In the year 1596 there was a meeting held on the borders of Liddesdale between the deputies of Lord Scrope of Bolton, the English warden of the west marches, and Sir Walter Scott of Buccleuch, the Scottish warden. The court was held at a place named the Dayholm of Kershope, where a small burn or rivulet divides the two countries. When the business of the day was over, and the meeting amicably broken up, the English Borderers happened to observe a notorious depredator called William Armstrong-but more commonly known by the name of Kinmont Willie -quietly riding home on the Scottish side of the Liddel, with three or four in company. Willie, who is said to have been a descendant of the famous Johnnie Armstrong, was a man of great personal strength and stature, and one of the most gallant freebooters in Liddesdale. He and his four sons, who were equally distinguished in their vocation, are said to have had more bills filed against them than any twenty men in the district. Although he was on Scottish ground, and protected by the truce, which lasted from the time of holding the court till next morning at sunrise, the temptation to seize an offender so obnoxious was too great to be resisted. A body of two hundred English horsemen crossed the river, chased him for some miles, and took him and carried him in triumph to Carlisle Castle, where he was heavily ironed, and cast into the common prison. Buccleuch, with whom Kinmont Willie was a special favourite, instantly complained of this outrageous violation of Border law, and demanded the release of his retainer. But the English warden refused, or at least evaded, this request. Buccleuch then swore that he would bring Kinmont Willie out of Carlisle Castle, alive or dead, with his own hand. Choosing a dark tempestuous night, he assembled two hundred horse at the Tower of Morton, on the water of Sark, about ten miles from Carlisle. Among those selected for this hazardous enterprise were the Lairds of Harden, Branxholm, Goldielands, and Stow, the son of the Laird of Mangerton, chief of the Armstrongs, and Kinmont's four sonsall noted and daring men. With this company, Buccleuch, favoured by the darkness of the night, passed the river Esk unperceived,