Part 30

Due authority being obtained, a regular and public combat was arranged to take place on Edston-haugh, near Neidpath. The two combatants were to fight in their doublets, mounted, with spears and swords. Some of the greatest men of the country took part in the affair, and honoured it with their presence. The Laird of Buccleuch appeared as judge for Brown; Hepburn had, on his part, the Laird of Cessford. The Lords Yester and Newbottle were amongst those officiating. When all was ready, the two combatants rode full tilt against each other with their spears, when Brown missed Hepburn, and was thrown from his horse with his adversary’s weapon through his body. Having grazed his thigh in the charge, Hepburn did not immediately follow up his advantage, but suffered Brown to lie unharmed on the ground. ‘Fy!’ cried one of the judges, ‘alight and take amends of thy enemy!’ He then advanced on foot with his sword in his hand to Brown, and commanded him to confess the truth. ‘Stay,’ cried Brown, ‘till I draw the broken spear out of my body.’ This being done, Brown suddenly drew his sword, and struck at Hepburn, who for some time was content to ward off his strokes, but at last dealt him a backward wipe across the face, when the wretched man, blinded with blood, fell to the ground. The judges then interfered to prevent him from being further punished by Hepburn; but he resolutely refused to make any confession.[209]

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[Sidenote: 1595.]

About this time and for some time onward, Scotland underwent the pangs of a dearth of extraordinary severity, in consequence of the destruction of the crops by heavy rains in autumn. Birrel speaks of it as a famine, ‘the like whereof was never heard tell of in any age before, nor ever read of since the world was made.’ ‘In this month of October and November,’ he adds, ‘the wheat and malt at £10 the boll; in March thereafter [1596], the ait meal £10 the boll, the humble corn £7 the boll. In the month of May, the ait meal £20 the boll in Galloway. At this time there came victual out of other parts in sic abundance, that, betwixt the 1st of July and the 10th of August, there came into Leith three score and six ships laden with victual; nevertheless, the rye gave £10, 10s. and £11 the boll. The 2 of September, the rye came down and was sold for £7 the boll, and new ait meal for 7s. and 7s. 6d. the peck The 29 of October, the ait meal came up again at 10s. the peck. The 15 of July, the ait meal at 13s. 4d. the peck; the pease meal at 11s. the peck.

‘In this year, Clement Orr and Robert Lumsden, his grandson, bought before hand from the Earl Marischal, the bear meal overhead for 33s. 4d. the boll.’ ‘The ministers pronounced the curse of God against them, as grinders of the faces of the poor; which curse too manifestly lighted on them before their deaths.’--_Bal._

As usual, the buying up and withholding of grain with the prospect of increased prices, was viewed with indignation by all classes of people. The king issued a proclamation in December 1595, attributing much of the misery of his people to ‘the avaritious greediness of a great number of persons that has bought and buys victual afore it come off the grund, and that forestalls and keeps the same to a dearth,’ and to ‘the shameless and indiscreet behaviour of the owners of the same victual, wha refuses to thresh out and bring the same to open markets.’ He threatened to put the laws in force against these guilty persons, and have the grain escheat to his majesty’s use.

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[Sidenote: DEC. 23.]

[Sidenote: 1595.]

The king professed to be at this time scandalised at the state of the commonweal, ‘altogether disorderit and shaken louss by reason of the deidly feids and controversies standing amangs his subjects of all degrees.’ Seeing how murder had consequently become a daily occurrence, he resolved upon a new and vigorous effort to bring the hostile parties to a reconciliation ‘by his awn pains and travel to that effect,’ so that the country might be the better fitted to resist the common enemy, now threatening invasion. The Privy Council, therefore, ordained letters to be sent charging the various parties to make their appearance before the king on certain days, wherever he might be for the time, each accompanied by a certain number of friends who might assist with their advice, but the whole party in each case ‘to keep their lodgings after their coming, while [till] they be specially sent for by his majesty.’

The groups of persons summoned were, Robert Master of Eglintoun, and Patrick Houston of that Ilk; James Earl of Glencairn, and Cunningham of Glengarnock; John Earl of Montrose, and French of Thorniedykes; Hugh Campbell of Loudon, sheriff of Ayr, Sandielands of Calder, Sir James Sandielands of Slamannan, Crawford of Kerse, and Spottiswoode of that Ilk; David Earl of Crawford and Guthrie of that Ilk; Sir Thomas Lyon of Auldbar, knight, and Garden of that Ilk; Alexander Lord Livingston, Sir Alexander Bruce, elder, of Airth, and Archibald Colquhoun of Luss; John Earl of Mar, Alexander Forester of Garden, and Andro M‘Farlane of Arrochar; James Lord Borthwick, Preston of Craigmiller, Mr George Lauder of Bass, and Charles Lauder son of umwhile Andro Lauder in Wyndpark; Sir John Edmonston of that Ilk, Maister William Cranston, younger, of that Ilk; George Earl Marischal and Seyton of Meldrum; James Cheyne of Straloch and William King of Barrach; James Tweedie of Drumelzier and Charles Geddes of Rachan. The nobles in every instance were allowed to have sixty, and the commoners twenty-four persons to accompany them to the place of agreement, and all, while attending, to have protection from any process of horning or excommunication which might have been previously passed upon them. Fire and sword was threatened against all neglecting to comply with the summons.

Earnest as the king seems now to have been, and influential as a royal tongue proverbially is, we know for certain that several of the parties now summoned continued afterwards at enmity.

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[Sidenote: 1595-6.

MAR. 15.]

[Sidenote: 1595-6.]

‘The king made ane orison before the General Assembly, with many guid promises and conditions. I pray God he may keep them, be content to receive admonitions [from the clergy], and be collected himself and his haill household, and to lay aside his authority royal and be as ane brother to them, and to see all the kirks in this country weel planted with ministers. There are in Scotland 900 kirks, of the whilk there are 400 without ministers or readers.’--_Bir._

The admonitions which it was so desirable that the king should receive, were embodied in a paper called _Offences in the King’s House_, under the following heads: ‘1. The reading of the Word, and thanksgiving before and after meat, oft omitted. 2. Week-sermons oft neglected, and he would be admonished not to talk with any in time of divine service. 3. To recommend to him private meditation with God in spirit and in his awn conscience. 4. Banning and swearing is too common in the king’s house and court, occasioned by his example. 5. He would have good company about him: Robertland, papists, murderers, profane persons, would be removed from him. 6. The queen’s ministry would be reformed. She herself neglects Word and sacrament, is to be admonished for night-waking, balling, &c., also touching her company--and so of her gentlewomen.’--_Row._

On the other hand, the king demanded of this assembly sundry concessions as to his power over the kirk, and that ministers should not be allowed to meddle with civil affairs or ‘to name any man in the pulpit, or so vively to describe him as it shall be equivalent to the very naming of him, except upon the notoriety of a public crime.’

[Sidenote: 1595-6.]

On this occasion the clergy denounced the _common corruption of all estates within this realm_; namely, ‘an universal coldness, want of zeal, ignorance, contempt of the Word, ministry, and sacraments, and where knowledge is, yet no sense nor feeling, evidenced by the want of family exercises, prayer, and the Word, and singing of psalms; and if they be, they are profaned and abused, by calling on the cook, steward, or jackman to perform that religious duty ... superstition and idolatry entertained, evidenced in keeping of festival-days, fires, pilgrimages, singing of carols at Yule, &c. ... swearing, banning, and cursing: profanation of the Sabbath, especially by working in seed-time and harvest, journeying, trysting, gaming, dancing, drinking, fishing, killing, and milling: inferiors not doing duty to superiors, children having pleas of law against their parents, marrying without their consent; superiors not doing duty to inferiors, as not training up their children at schools in virtue and godliness; great and frequent breaches of duty between married persons: great bloodshed, deadly feuds arising thence, and assisting of bloodshedders for eluding of the laws: fornications, adulteries, incests, unlawful marriages and divorcements, allowed by laws and judges ... excessive drinking and waughting, gluttony (no doubt the cause of this dearth and famine), gorgeous and vain apparel, filthy speeches and songs: cruel oppressions of poor tenants ... idle persons having no lawful callings--as pipers, fiddlers, songsters, sorners, pleasants, strong and sturdy beggars living in harlotry.... Lying, finally, is a rife and common sin.’

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[Sidenote: 1596.

APR. 12.]

Sir Walter Scott of Branxholm, Laird of Buccleuch, performed an exploit which has been celebrated both in prose and rhyme.

About the end of January, a ‘day of truce’ was held at a spot called Dayholm of Kershope in Liddesdale, by the deputies of the English warden, Lord Scrope, and the Laird of Buccleuch, keeper of Liddesdale. The Scotch deputy, Scott of Goldielands, had but a small party--not above twenty--among whom, however, was a noted border reiver, William Armstrong of Kinmont, commonly known as _Kinmont Willie_. The English deputy was attended by several hundred followers. It happened that, before the end of the meeting, a report came to the English deputy of some outrages at that moment in the course of being committed by Scottish borderers within the English line. He entered a complaint on the subject, and received assurance that the guilty parties should be as soon as possible rendered up to the vengeance of Lord Scrope.

The day of truce ended peaceably; but, as the English party was retiring along their side of the Liddel, they caught sight of the Scottish reivers, and gave chase. Kinmont Willie was now riding quietly along the Scottish side of the Liddel. Mistaking him for one of the guilty troop, the English pursued him for three or four miles, and taking him prisoner, bore him off to Carlisle Castle.

Probably the Liddesdale thief had incurred more guilt in England than ten lives would have expiated. Yet what was this to Buccleuch? To him the case was simply that of a retainer betrayed while on his master’s business and assurance. If the affair had a public or national aspect, it was that of a Scottishman mistreated, to the dishonour of his sovereign and country. Having in vain used remonstrances with Lord Scrope, both by himself and through the king’s representations to the English ambassador, he resolved at last, as himself has expressed it, ‘to attempt the simple recovery of the prisoner in sae _moderate ane fashion_ as was possible to him.’

[Sidenote: 1596.]

Buccleuch’s moderate proceeding consisted in the assembling of two hundred armed and mounted retainers at the tower of Morton, an hour before sunset of the 12th of April. He had arranged that no head of any house should be of the number, but all younger brothers, that the consequences might be the less likely to damage his following; but, nevertheless, three lairds had insisted on taking part in the enterprise. Passing silently across the border, they came to Carlisle about the middle of the night. A select party of eighty then made an attempt to scale the walls of the castle; but their ladders proving too short, it was found necessary to break in by force through a postern on the west side. Two dozen men having got in, six were left to guard the passage, while the remaining eighteen passed on to Willie’s chamber, broke it up, and released the prisoner. All this was done without encountering any resistance except from a few watchmen, who were easily ‘dung on their backs.’[210] As a signal of their success, the party within the castle sounded their trumpet ‘mightily.’ Hearing this, Buccleuch raised a loud clamour amongst his horsemen on the green. At the same time, the bell of the castle began to sound, a beacon-fire was kindled on the top of the house, the great bell of the cathedral was rung in correspondence, the watch-bell of the Moot-hall joined the throng of sounds, and, to crown all, the drum began to rattle through the streets of the city. ‘The people were perturbit from their nocturnal sleep, then undigestit at that untimeous hour, with some cloudy weather and saft rain, whilk are noisome to the delicate persons of England, whaise bodies are given to quietness, rest, and delicate feeding, and consequently desirous of more sleep and repose in bed.’ Amidst the uproar, ‘the assaulters brought forth their countryman, and convoyit him to the court, where the Lord Scrope’s chalmer has a prospect unto, to whom he cried with a loud voice a familiar guid-nicht! and another guid-nicht to his constable Mr Saughell.’ The twenty-four men returned with Kinmont Willie to the main body, and the whole party retired without molestation, and re-entered Scotland with the morning light. ‘The like of sic ane vassalage,’ says the diarist Birrel, with unwonted enthusiasm, ‘was never done since the memory of man, no, not in Wallace’ days!’ Buccleuch himself, with true heroism, treated the matter calmly and even reasoningly. The simple recovery of the prisoner, he said, ‘maun necessarily be esteimit lawful, gif the taking and deteining of him be unlawful, as without all question it was.’

[Sidenote: 1596.]

The matter was brought before the king in council (May 25) by the English ambassador, who pleaded that Sir Walter Scott should be given up to the queen for punishment. It was on this occasion that the border knight defended himself in the terms above quoted. Of course his own countrymen sympathised with him in a deed so gallant, and performed from such a motive, and the king could not readily act in a contrary strain. Elizabeth never obtained any satisfaction for the taking of Kinmont Willie.--_Spot._ _Moy._ _H. K. J._ _C. K. S._ _P. C. R._ _Bir._[211]

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[Sidenote: 1596 (?)

APR.]

‘... there came an Englishman to Edinburgh, with a chestain-coloured naig, which he called Marroco ... he made him to do many rare and uncouth tricks, such as never horse was observed to do the like before in this land. This man would borrow from twenty or thirty of the spectators a piece of gold or silver, put all in a purse, and shuffle them together; thereafter he would bid the horse give every gentleman his own piece of money again. He would cause him tell by so many pats with his foot how many shillings the piece of money was worth. He would cause him lie down as dead. He would say to him: “I will sell you to a carter:” then he would seem to die. Then he would say: “Marroco, a gentleman hath borrowed you, and you must ride with a lady of court.” Then would he most daintily hackney, amble, and ride a pace, and trot, and play the jade at his command when his master pleased. He would make him take a great draught of water as oft as he liked to command him. By a sign given him, he would beck for the King of Scots and for Queen Elizabeth, and when ye spoke of the King of Spain, would both bite and strike at you--and many other wonderful things. I was a spectator myself in those days. But the report went afterwards that he devoured his master, because he was thought to be a spirit and nought else.’--_Pa. And._

This was ‘the dancing horse’ to which Moth alludes in Shakspeare (_Love’s Labour Lost_, act I., sc. 2). The actual fate of Banks, the keeper of the animal, was not better than that which vulgar rumour assigned to him. It is almost an incredible, yet apparently well-authenticated fact, that horse and man, after wandering through various countries, were burnt together as magicians at Rome.

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[Sidenote: 1596.

MAY.]

At this time, while the country was suffering from famine, there was a renewing of the Covenant with fasting and humiliation in St Andrews presbytery. ‘After this exercise,’ says James Melville, one of those chiefly concerned in ordering it, ‘we wanted not a remarkable effect.’ ‘God extraordinarily provided victuals out of all other countries, in sic store and abundance as was never seen in this land before;’ without which ‘thousands had died for hunger,’ ‘for,’ he goes on to say, ‘notwithstanding of the infinite number of bolls of victual that cam hame from other parts, all the harvest quarter of that year, the meal gave aucht, nine, and ten pounds the boll, and the malt eleven and twal, and in the south and west parts many died.’

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[Sidenote: JUNE 7.

1596.]

Napier, still brooding over the dangers from popery, devised at this time certain inventions which he thought would be useful for defending the country in case of invasion. One was a mirror like that of Archimedes, which should collect the beams of the sun, and reflect them concentratedly in one ‘mathematical point,’ for the purpose of burning the enemy’s ships. Another was a similar mirror to reflect artificial fire. A third was a kind of shot for artillery, not to pass lineally through an enemy’s host, destroying only those that stand in its way, but which should ‘range abroad within the whole appointed place, and not departing furth of the place till it had executed his [its] whole strength, by destroying those that be within the bounds of the said place.’ A fourth, the last, was a closed and fortified carriage to bring harquebussiers into the midst of an enemy--a superfluity, one would think, if there was any hopefulness in the third of the series. ‘These inventions, besides devices of sailing under the water, with divers other stratagems for harming of the enemies, by the grace of God and work of expert craftsmen, I hope to perform.’[212] So wrote Napier at the date noted in the margin. Sir Thomas Urquhart describes the third of the devices as calculated to clear a field of four miles’ circumference of all living things above a foot in height: by it, he said, the inventor could destroy 30,000 Turks, without the hazard of a single Christian. He adds that proof of its powers was given on a large plain in Scotland, to _the destruction of a great many cattle and sheep_--a particular that may be doubted. ‘When he was desired by a friend in his last illness to reveal the contrivance, his answer was that, for the ruin and overthrow of man, there were too many devices already framed, which if he could make to be fewer, he would, with his might, endeavour to do; and that therefore, seeing the malice and rancour rooted in the heart of mankind will not suffer them to diminish, the number of them, by any concert of his, should never be increased.’[213]

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[Sidenote: JUNE 24.]

John, Master of Orkney, was tried for the alleged crime of attempting to destroy the life of his brother the Earl of Orkney, first by witchcraft, and secondly by more direct means. The case broke down, and would not be worthy of attention in this place, but for the nature of the means taken to inculpate the accused. It appeared that the alleged witchcraft stood upon the evidence of a confession wrung from a woman called Alison Balfour, residing at Ireland, a village in Orkney, who had been executed for that imaginary crime in December 1594. The counsel for the Master shewed that, when this poor woman made her ‘pretended confession,’ as it might well be called, she had been kept forty-eight hours in the _cashielaws_--an instrument of torture supposed to have consisted of an iron case for the leg, to which fire was gradually applied, till it became insupportably painful. At the same time, her husband, a man of ninety-one years of age, her eldest son and daughter, were kept likewise under torture, ‘the father being in the _lang irons_ of fifty stane wecht,’ the son fixed in the _boots_ with fifty-seven strokes, and the daughter in the _pilniewinks_, that they, ‘being sae tormented beside her, might move her to make any confession for their relief.’ A like confession had been extorted from Thomas Palpla, to the effect that he had conspired with the Master to poison his brother, ‘he being kept in the cashielaws eleven days and eleven nights, twice in the day by the space of fourteen days callit [driven] in the boots, he being naked in the meantime, and scourgit with tows [ropes] in sic sort that they left neither flesh nor hide upon him; in the extremity of whilk torture the said pretended confession had been drawn out of him.’ Both of these witnesses had revoked their confessions, Alison Balfour doing so solemnly on the Heading Hill of Kirkwall, when about to submit to death for her own alleged crime, of which she at the same time protested herself to be innocent. These are among the most painful examples we anywhere find of the barbarous legal procedure of our ancestors.--_Pit._

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[Sidenote: AUG. 3.

1596.]

One John Dickson, an Englishman, was tried for uttering slanderous speeches against the king, calling him ‘ane bastard king,’ and saying ‘he was not worthy to be obeyed.’ This it appeared he had done in a drunken anger, when asked to veer his boat out of the way of the king’s ordnance. He was adjudged to be hanged.--_Pit._ It is curious on this and some other occasions to find that, while the king got so little practical obedience, and the laws in general were so feebly enforced, such a severe penalty was inflicted on acts of mere disrespect towards majesty.

[Sidenote: AUG. 17.]

The court was at this time unable to keep silence under the pelt of pasquils which it had brought upon itself. We have now a furious edict of Privy Council against the writers and promulgators of ‘infamous libels, buiks, ballats, pasquils, and cantels in prose and rhyme,’ which have lately been set out, and especially against ‘ane maist treasonable letter in form of a _cockalane_,[214] craftily divulgat by certain malicious, seditious, and unquiet spirits, uttering mony shameful and contumelious speeches, full of hatrent and dispite, not only against God, his servants and ministers, but maist unnaturally to the prejudice of the honour, guid fame, and reputation of the king and queen’s majesties, not sparing the prince their dearest son, besides their nobility, council, and guid subjects.’ The only active redress, however, was to proclaim a reward for the discovery of the offenders.--_P. C. R._

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[Sidenote: NOV. 3.]