lairds of Roxburgh, Berwick, Peebles, and Selkirk find surety to enter before the justice when required.

The following barons and lairds of Peeblesshire found caution in various sums to enter before the justice, on a warning of fifteen days, to underlie the law for all crimes to be imputed against them-viz.: John, Lord Hay of Yester; William Murray of Rommanose (Romanno); William Stewart of Trakware; Thomas Myddilmaist of Grestoune;1 John Tuedy of Drummelzeare; William Guvane of Cardrono; William Vache of Dawik; John Sandelands of that Ilk; Mr John Hay of Smeithfield; 2 Patrick Portuus of Halkschawis; Alexander Tayt of Pyrne. Among the barons and lairds of Selkirkshire who found caution for the same cause are John Vache [probably of Synton] and William Hunter of Polmude,3 though Polmude is in Peeblesshire.

We find a later entry, August 17 of the same year, to the following effect: "John Lord Hay of Yester, became in the Kingis Will, for negligence committed by Mr John Hay his brother, in outputting Adam Nyksone, and one called Elwald, common Thieves, given to him in custody by the King, in name of the said Lord Hay of Yester, as Sheriff Principal of Peebles. The Justice. commanded him to ward within the town of Linlithgow, until his Majesty's will should be declared."

" 4

But the summer of the same year, 1530, was to witness a still more signal example of stern punishment by the same monarch. This was the execution, appa

1 Originally Grevestoun, on the Tweed near Traquair-now part of that estate. Probably Sheriff's Town.

2 That is, Smooth-field; now corrupted into Smithfield.

3 Pitcairn, under May 19, 1530.

Pitcairn, i. *149.

rently even without form of trial, of the laird of Gilnockie-Johnie Armstrong-and most of his followers, at Caerlanrig, in Teviotdale. "It is somewhat singular," says Pitcairn, "that the circumstances, as they are detailed in the popular ballad or song, are substantially correct; and there cannot now be a doubt that Armstrong was most basely betrayed and put to death, even without the mockery of a form of trial." 1 The expedition during which this act took place was arranged, apparently, to unite pleasure and business. Towards the end of June, on the summons of the king, the Earls of Huntlie, Argyll, and Atholl, "with many othir Lordis and Gentlemen, to the number of twelf thousand, assemblet at Edinburgh, and thair fra went with the kingis grace to Meggatland, in the quhilkis bounds war slaine, at that tyme, aughteine scoir of deir." 2 It was particularly mentioned that the Highland earls were to bring their deer-hounds with them, and this was the result of the sport. The hunting of the deer, however, must have taken place mainly during the return journey, when the party was at Cramalt, from the 15th to the 18th. The king was at Peebles on the 2d July. Thence he crossed the hills to the Yarrow on the 4th, pitching his tents near the Douglas Burn. On the 5th the king and his followers rode across the hills to Caerlanrig in Upper Teviotdale, where he met, according to a form of summons which was held morally to imply protection to the parties, John Armstrong of Gilnockie and his twenty-four well-appointed horsemen.3

1 Criminal Trials, i. *153.

2 Lindesay of Pitscottie. 3 The number is variously stated at thirty-six and sixty.

According to one version of the story, some words arose between the king and Armstrong, and the former, yielding to his somewhat hot and impulsive temper, ordered Gilnockie and nearly all his band to be hanged there and then; or, according to another, and quite as likely an account, the king was instigated to this unjustifiable deed by Robert, Lord Maxwell, who was glad to have a rival judicially executed, when he could not have him cut off in another way. The truth seems to have been, that, while Armstrong and his followers were on their way to the king, on invitation, but without an express letter of protection-trusting, in fact, to his honourthey were surprised by a band of men provided for the purpose, and brought before the king, as if they had been. apprehended against their will. It is certainly odd that, while Henderland and Tuschielaw were taken to Edinburgh and underwent a judicial process, Gilnockie was really hanged, without form of trial, where he met the king. Both Cokburne and Scott were reivers whose depredations were made upon their neighbours, while it was the pardonable boast of Armstrong that his marauding was entirely on the other side of the Border-in fact, a useful subject to the Scottish king, to be commended rather than hanged.

The rich apparel of Armstrong and his retainers was not to be wondered at. He levied tribute in England from the Scottish Border to Newcastle. The king, on seeing him and his retinue, suddenly fell into one of his wrathful moods. "Throwardly he turned about his face, and bid tak' that tirrant out of his sight, saying, 'What wants yon knave that a king sould have?' Gilnockie, with

the instinct of a true Borderer, addressed the king very persuasively, but in vain. Then the old Borderer proudly turned upon the Stuart and said: 'I am bot ane fooll to seik grace at ane graceless face. But had I knawin, sir, that ye would have taken my lyff this day, I sould have leved upoun the Borderis in disphyte of King Harie and yow baith, for I know King Harie wald doun weigh my best hors with gold to knaw that I war condemned to die this day.'" 1

My Lord Maxwell got for his reward in this matter a gift of all the personal and heritable property of Armstrong (July 8, 1530). The ballad which commemorates the fate of Armstrong and his followers is one of the finest of the historical class, and has some wonderfully picturesque and lifelike touches. Popular feeling was entirely on the side of the victim on this occasion; and the long-cherished belief in the withered trees, which bore the bodies of the doomed men, was inspired by a strong sense of the harshness and injustice of the execution :

"The trees on which the Armstrongs deed

Wi' summer leaves were gay,

But lang afore the harvest tide,

They wither'd a' away."

:

After Armstrong had petitioned hard for his life, and the king had ordered him to death as a traitor, we have the spirited reply:—

"Ye lied, ye lied, now, King,' he says,

'Altho' a King and Prince ye be !

For I've luved naething in my life,
I weel dare say it, save honesty—

1 Pitscottie's Chronicle, ii. 342, 343.

Save a fat horse and a fair woman,

Twa bonny dogs to kill a deir ;

But England suld have found me meal and mault,

Gif I had lived this hundred yeir!

She suld have found me meal and mault,
And beef and mutton in a' plentie;
But never a Scots wyfe could have said,
That e'er I skaithed1 her a puir flee.

To seik het water beneith cauld ice,
Surely it is a greit folie—

I have asked grace at a graceless face,
But there is nane for my men and me!

But had I kenn'd ere I cam frae hame,
How thou unkind wadst been to me!

I wad have keipit the Border side,
In spite of all thy force and thee!

Wist England's King that I was taen,
O gin a blythe man he wad be!
For anes I slew his sister's son,

And on his breist bane brak a tree.'

There hang nine targats 2 at Johnie's hat,

And ilk ane worth three hundred poun'— 'What wants that knave that a king should have, But the sword of honour and the crown?

O where got thou these targats, Johnie,

That blink sae brawlie abune thy brie?' 3

'I gat them in the field fechting,

Where, cruel King, thou durst not be!

Farewell my bonny Gilnock Hall,

Where on the Esk side thou standest stout!

Gif I had lived but seven yeirs mair,

I wad hae gilt thee round about.'

1 Harmed.

3 Brow.

2 Tassels.