hand holding a dagger, with the memorable words, “ I make sicker.” Some doubt having been started by the late Lord Hailes as to the identity of the Kirkpatrick, who completed this day's work with Sir Roger, then representative of the ancient family of Closeburn, my kind and ingenious friend, Mr Charles Kirkpatricke Sharpe, has furnished me with the following memorandum, which appears to fix the deed with his ancestor :

“ The circumstances of the Regent Cummin's murder, from which the family of Kirkpatrick, in Nithsdale, is said to have derived its crest and motto, are well known to all conversant with Scottish history ; but Lord Hailes has starterl a doubt as to the authenticity of this tradition, when recording the murder of Roger Kirkpatrick, in his own castle of Caerlaverock, by Sir James Lindsay. • Fordun,' says his lordship, remarks that Lindsay and Kirkpatrick were the heirs of the two men who accompanied Robert Brus at the fatal conference with Comyn. If Fordun was rightly informed as to this particular, an argument arises, in support of a notion which I have long entertained, that the person who struck his dagger in Comyn's heart was not the representative of the honourable family of Kirkpatrick in Nithsdale. Roger de K. was made prisoner at the battle of Durham in 1346. Roger de Kirkpatrick was alive on the 6th of August, 1357 ; for, on that day, Humphry, the son and heir of Roger de K., is proposed as one of the young gentlemen who were to be hostages for David Bruce. Roger de K. Miles was present at the parliament held at Edinburgh, 25th September, 1357; and he is mentioned as alive 3d October, 1357, (Foedera ;) it follows, of necessary consequence, thạt Roger de K., murdered in June, 1357, must have been a different person.'-Annals of Scotland, vol. II. p. 242.

“ To this it may be answered, that at the period of the regent's murder, there were only two families of the name of Kirkpatrick (nearly allied to each other) in existence—Stephen Kirkpatrick, styled in the Chartulary of Kelso, (1278) Dominus villæ de Closburn, Filius et hæres Domini Ade de Kirkpatrick, Militis, (whose father, Ivone de Kirkpatrick, witnesses a charter of Robert Brus, Lord of Annandale, before the year 1141,) had two sons, Sir Roger, who carried on the line of Closeburn, and Duncan, who married Isobel, daughter and heiress of Sir David Torthorwald of that ilk ; they had a charter of the lands of Torthorwald from King Robert Brus, dated 10th August, the year being omitted-Umphray, the son of Duncan and Isobel, got a charter of Torthorwald from the king, 16th July, 1322—his son, Roger of Torthorwald, got a charter from John the Grahame, son of Sir John Grahame of Mosskessen, of an annual rent of 40 shillings, out of the lands of Overdryft, 1355_his son, William Kirkpatrick, grants a charter to John of Garroch, of the twa merk land of Glengip and Garvellgill, within the tenement of Wamphray, 220 April, 1372. From this, it appears that the Torthorwald branch was not concerned in the affair of Comyn's murder, and the inflic. tions of Providence which ensued : Duncan Kirkpatrick, if we are to believe the Blind Minstrel, was the firm friend of Wallace, to whom he was related.

f“ Kyrkpatrick, that cruel was and keyne,
In Esdaill wod that half zer he had been ;
With Inglismen he couth nocht weill accord,
Of Torthorwald he Baron was and Lord.
Of kyn he was to Wallace modyr ner,") &c.

But this Baron seems to have had no share in the adventures of King Robert; the crest of his family, as it still remains on a carved stone built into a cottage wall, in the village of Torthor. wald, bears some resemblance, says Grose, to a rose.

“ Universal tradition, and all our later historians, have attributed the regent's death-blow to Sir Roger K. of Closeburn. The author of the MS. History of the Presbytery of Penpont, in the Advocates' Library, affirms, that the crest and motto were given by the king on that occasion ; and proceeds to relate some circumstances respecting a grant to a cottager and his wife in the vicinity of Closeburne Castle, which are certainly authentic, and strongly vouch for the truth of the other report.

“ The steep hill, (says he,) called the Dune of Tynron, of a considerable height, upon the top of which there hath been some habitation or fort. There have been in ancient times, on all hands of it, very thick woods, and great about that place, which made it the more inaccessible, into which K. Ro. Bruce is said to have been conducted by Roger Kirkpatrick of Closeburn, after they had killed the Cumin at Dumfriess, which is nine miles from this place, whereabout it is probable that he did abide for some time thereafter ; and it is reported, that during his abode there, he did often divert to a poor man's coto tage, named Brownrig, situate in a small parcel of stoney ground, incompassed with thick woods, where he was content sometimes with such mean accommodation as the place could afford. The poor man's wife being advised to petition the king for somewhat, was so modest in her desires, that she sought no more but security for the croft in her husband's possession, and a liberty of pasturage for a very few cattle of different kinds on the hill, and the rest of the bounds. Of which priviledge that ancient family, by the injury of time, hath a long time been, and is, deprived : but the croft continues in the possession of the heirs and successours lineally descended of this Brownrig and his wife ; so that this family, being more ancient than rich, doth yet continue in the name, and, as they say, retains the old charter.”_MS. History of the Presbytery of Penpont, in the Advocates' Library of Edinburgh,

Note IX.
Barendown fled fast away,

Fled the fiery De la Haye,-P. 59. These knights are enumerated by Barbour among the small number of Bruce's adherents, who remained in arms with him after the battle of Methven.

“ With him was a bold baron,
Schyr William the Baroundoun,

Schyr Gilbert de la Haye alsua."

There were more than one of the noble family of Hay engaged in Bruce's cause ; but the principal was Gilbert de la Haye, Lord of Errol, a staunch adherent to King Robert's interest, and whom he rewarded by creating him hereditary Lord High Constable of Scotland, a title which he used 16th March, 1308, where, in a letter from the peers of Scotland to Philip the Fair of France, he is designed Gilbertus de Hay Constabularius Scotiæ. He was slain at the battle of Halidoun-hill. Hugh de la Haye, his brother, was made prisoner at the battle of Methven.

Note X.
Well hast thou framed, Old Man, thy strains,

To praise the hand that pays thy pains.-P. 61. The character of the Highland bards, however high in an earlier period of society, seems soon to have degenerated. The Irish affirm, that in their kindred tribes severe laws became necessary to restrain their avarice. In the Highlands they. seem gradually to have sunk into contempt, as well as the orators, or men of speech, with whose office that of family poet was often united.

“ The orators, in their language called Isdane, were in high esteem both in these islands and the continent; until within these forty years, they sat always among the nobles and chiefs of families in the streah, or circle. Their houses and little vil. lages were sanctuaries, as well as churches, and they took place before doctors of physick. The orators, after the Druids were extinct, were brought in to preserve the genealogy of families,

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