Before resorting to extreme measures Buccleuch did everything in his power

to bring about an amicable settlement of the case. He first of all applied

to Salkeld for redress; but Salkeld could only refer him to Lord Scrope,

who declared that Kinmont was such a notorious malefactor that he could

not release him without the express command of Queen Elizabeth. Buccleuch

then brought the matter under the consideration of James, who made an

application through an ambassador, for Kinmont's release; but this also

proved unavailing.

It looked as if the imprisoned freebooter was likely to pay his "lodging

mail" in a very unpleasant fashion. The English government seemed

determined to detain him until such times as they could conveniently put a

period to his career by hanging him on Haribee hill. But Buccleuch, while

anxious to effect his purpose, if possible by constitutional means, was

determined that Kinmont should be rescued, whatever might be the method he

was under the necessity of adopting. To accomplish his purpose he was

prepared to "set the castle in a low, and sloken it with English blood."

This threat was regarded as a mere piece of bravado. The castle was

strongly garrisoned and well fortified. It was in the centre of a populous

and hostile city, and under the command of Scrope, who was regarded as one

of the bravest soldiers in England. The Bold Buccleuch, however, was not

easily daunted. He had a strong arm and a brave heart, and he knew that he

could summon to his aid a small band of followers as brave and resolute as

himself. On a dark tempestuous night, two hundred of his bravest followers

met him at the tower of Morton, a fortalice in the Debatable land, on the

water of Sark, some ten miles or so from Carlisle. Their plans had been

carefully considered and determined upon a day or two before, when they

had met at a horse race near Langholm. The Armstrongs, of course, were

ready to adventure their lives in such a laudable undertaking, and the

Graemes, to whom Will of Kinmont was related by marriage, were also forward

with promises of assistance. They were all well mounted--

With spur on heel, and splent on spauld,

And gleuves of green, and feathers blue--

and carried with them scaling ladders and crowbars, hand-picks and axes,

prepared to take the castle by storm. The rain had been falling heavily,

and the Esk and the Eden were in roaring flood, but boldly plunging

through their turbid waters they soon came within sight of the "Corbie's

Nest" which they had come to "herry," and--

The first o' men that we met wi',

Whae sould it be but fause Sakelde?

"Where be ye gaun, ye hunters keen?"

Quo' fause Sakelde; "Come tell to me?"

"We go to hunt an English stag,

Has trespass'd on the Scots countrie."

"Where be ye gaun, ye marshall men?"

Quo' fause Sakelde; "Come tell me true!"

"We go to catch a rank reiver,

Has broken faith wi' the bauld Buccleuch."

But the troublesome questions of the "fause Sakelde" were speedily cut

short by the lance of Dickie of Dryhope, who led the band--

Then nevir a word had Dickie to say,

Sae he thrust the lance through his fause bodie.

The way was now clear for the advance upon the castle. Everything seemed

favourable to the success of their hazardous undertaking. The heavens were

black as pitch, the thunder rolled loud and long, and the rain descended

in torrents--

"But 'twas wind and weet, and fire and sleet,

When we came beneath the castle wa'."

When Buccleuch and his men reached the castle they were dismayed to find

that the ladders they had brought with them were too short; but finding a

postern they undermined it, and soon made a breach big enough for a

soldier to pass through. "In this way a dozen stout fellows passed into

the outer court (Buccleuch himself being fifth man who entered,) disarmed

and bound the watch, wrenched open the postern from the inside, and thus

admitting their companions, were masters of the place. Twenty-four

troopers now rushed to the castle jail, Buccleuch meantime keeping the

postern, forced the door of the chamber where Kinmont was confined,

carried him off in his irons, and sounding their trumpet, the signal

agreed on, were answered by loud shouts and the trumpet of Buccleuch,

whose troopers filled the base court. All was now terror and confusion,

both in town and castle. The alarum-bell rang and was answered by his

brazen brethren of the cathedral and the town house; the beacon blazed

upon the top of the great tower; and its red, uncertain glare on the

black sky and the shadowy forms and glancing armour of the Borderers,

rather increased the terror and their numbers. None could see their enemy

to tell their real strength."[95]

The suddenness of the attack and the terrific noise made by Buccleuch and

his troopers as they laid siege to the castle, created confusion and

dismay amongst the defenders of the stronghold. Lord Scrope, with

commendable prudence, kept close within his chamber. He was convinced, as

he afterwards declared, that there were at least five hundred Scots in

possession of the castle.

Kinmont, as he was borne triumphantly forth on the broad shoulders of Red

Rowan, shouted a lusty "good night," to his bewildered lordship.

Then Red Rowan has hente him up

The starkest man in Teviotdale--

"Abide, abide now, Red Rowan,

Till of my Lord Scroope I take farewell."

"Farewell, farewell, my gude Lord Scroope!

My gude Lord Scroope, farewell he cried--

I'll pay you for my lodging maill,

When first we meet on the Border side."

Then shoulder high, with shout and cry,

We bore him down the ladder lang;

At every stride Red Rowan made,

I wot the Kinmont aims play'd clang!

"O mony a time" quo' Kinmont Willie,

"I've prick'd a horse out oure the furs;

But since the day I back'd a steed,

I never wore sic cumbrous spurs!"

Having now successfully accomplished their purpose, Buccleuch and his men

moved off towards the place where they had left their horses, and in a

short time they were safely back on Scottish soil--

Buccleuch has turn'd to Eden Water,

Even where it flow'd frae bank to brim,

And he has plunged in wi' a' his band,

And safely swam them through the stream.

He turn'd them on the other side,

And at Lord Scroope his glove flung he--

"If ye like na my visit in merry England,

In fair Scotland come visit me."

A cottage on the roadside between Longtown and Langholm, which stands

close to the Scotch Dyke, is still pointed out as the residence of the

smith who was employed, on this occasion, to knock off Kinmont Willie's

irons. It is said that when Buccleuch arrived he found the door locked,

the family in bed, and the knight of the hammer so sound a sleeper, that

he was only wakened by the Lord Warden thrusting his long spear through

the window, and nearly spitting both Vulcan and his lady.

The rescue of Kinmont Willie--a most notable feat from whatever point of

view it may be regarded--made Buccleuch one of the most popular heroes of

the age. It was declared on all hands that nothing like it had been

accomplished since the days of Sir William Wallace.

According to a statement made in the "Border Papers," Buccleuch was

assisted in effecting Kinmont's rescue by Walter Scott of Goldielands;

Walter Scott of Harden; Will Elliot of Gorronbye; John Elliot of

Copeshawe; the laird of Mangerton; the young laird of Whithaugh and his

son; three of the Calfhills, Jock, Bighames, and one Ally, a bastard;

Sandy Armstrong, son to Hebbye; Kinmont's Jock, Francie, Geordie, and

Sandy, all brethern, the sons of Kinmont; Willie Bell, "Redcloak," and two

of his brethren; Walter Bell of Goddesby; three brethren of Tweda,

Armstrongs; young John of the Hollows, and one of his brethren; Christie

of Barngleish and Roby of Langholm; the Chingles; Willie Kange and his

brethren with their "complices."

The breaking of the castle, and the rescue of Kinmont, completely upset

the equanimity of my Lord Scrope. His indignation almost unmanned him. He

wrote a long letter to the Privy Council describing the circumstances, and

denouncing Buccleuch and his accomplices, in no measured terms. He

entreated the Council to induce her Majesty to call upon the King of

Scotland to deliver up Buccleuch "that he might receive such punishment as

her Majesty might find that the quality of his offence merited." He

assured their lordships that "if her Majesty shall give me leave it shall

cost me both life and living, rather than such an indignity to her

Highness, and contempt to myself, shall be tolerated." From the

subsequent correspondence on this subject, which was of a voluminous

nature, one can easily see that Scrope was more concerned about the

indignity to himself than the contempt which had been offered to her

Majesty. He seems to have found it more difficult than he at first

anticipated to move the government to take prompt and effective action.

Buccleuch, as may be readily supposed, had a good deal to say in his own

defence. He argued, and with considerable cogency, that Kinmont's capture

and imprisonment constituted a gross violation of Border law, and that he

had not made any attempt at his rescue until he had exhausted every other

means of accomplishing his purpose. He also pointed out that the

representations which he had made had been received with scant courtesy,

and that even the remonstrance of the King had been treated with contempt.

Further, he showed that his Borderers had committed no outrage either on

life or property, although they might have made Scrope and his garrison

prisoners, and sacked the city.

These considerations ought to have weighed heavily in Buccleuch's favour,

but Elizabeth would listen to no excuses. She demanded his immediate

surrender. For a time James refused to comply, and was warmly supported by

the whole body of his council and barons, even the ministers of the Kirk

were strongly opposed to surrender. Had the King been able to act with as

much freedom as some of his predecessors, it is morally certain that this

demand would have been indignantly repelled, but in the circumstances he

had to proceed with caution, as he was afraid that resistance might lead

to unpleasant results. And so, bowing to the inevitable, Buccleuch was

surrendered--at least he was for a time put in ward in Blackness.

The letter which Elizabeth addressed to James on this occasion is written

throughout in the most passionate language. It is evident that Her Majesty

had great difficulty in controlling her feelings. After soundly rating her

"Dear brother" on the attitude he had assumed, she says:--"Wherefore, for

fine, let this suffice you, that I am as evil treated by my named _friend_

as I could be by my known _foe_. Shall any castle or habytacle of mine be

assailed by a night larcin, and shall not my confederate send the offender

to his due punishment? Shall a friend stick at that demand that he ought

rather to prevent? The law of kingly love would have said, nay: and not

for persuasion of such as never can or will stead you, but dishonour you

to keep their own rule, lay behind you such due regard of me, and in it of

yourself, who, as long as you use this trade, will be thought not of

yourself ought, but of conventions what they will. For, commissioners I

will never grant, for an act that he cannot deny that made; for what so

the cause be made, no cause should have done that. And when you with a

better weighed judgment shall consider, I am assured my answer shall be

more honourable and just; which I expect with more speed, as well for you

as for myself.

For other doubtful and litigious causes in our Border, I will be ready to

point commissioners, if I shall find you needful; but for this matter of

so villainous a usage, assure you I will never be so answered, as hearers

shall need. In this and many other matters, I require your trust to our

ambassador, which faithfully will return them to me. Praying God for your

safe keeping. Your faithful and loving sister, E. R."

Such plain speaking might not be relished by the Scottish King, but the

interests at stake were too great to enable him to disregard it. He was in

thorough sympathy with Buccleuch, but he dare not resist further, and so

pacified the angry Queen by yielding her demands.

XII.

FLAGELLUM DEI.

"Then out and spak the nobil King,

And round him cast a wilie ee--

Now, had they tongue, Sir Walter Scott,

Nor speak of reif nor felonie:

For, had every honest man his awin kye,

A right puir clan thy name wad be!"

BALLAD OF THE OUTLAW MURRAY.

While reflecting great credit on the prowess of the Bold Buccleuch, the

rescue of Kinmont Willie gave rise to many serious local as well as

international complications. As we have seen, the English Queen was deeply

offended. She resented the high-handed and arbitrary manner in which the

release of this famous prisoner had been effected. It constituted a gross

insult to the Crown, and she was determined that those responsible for the

deed should suffer for their temerity. The anger of Elizabeth was no

trifling matter under any circumstances, but to James, whose courage was

never a conspicuous quality, it was dreaded in the last degree. He simply

quailed before the storm, and hastened to tender his humble submission.

The Queen received his assurances of contrition with commendable

graciousness. Yet it would seem she was not quite satisfied. Buccleuch had

been put in ward, but he had not been, as was demanded, surrendered to the

English government, and satisfaction was apparently out of the question

until this condition had been complied with. She expostulated with James

on the impropriety of the course he had seen fit to adopt, and gave him an

interesting lecture on the manner in which he ought to discharge the

duties of his high office. "For the punishment given to the offender," she

says, "I render you many thanks; though I must confess, that without he be

rendered to ourself, or to our warden, we have not that we ought. And,

therefore, I beseech you, consider the greatness of my dishonour, and

measure his just delivery accordingly. Deal in this case like a king, that

will have all this realm and others adjoining see how justly and kindly

you both will and can use a prince of my quality; and let not any dare

persuade more for him than you shall think fit, whom it becomes to be

echoes to your actions, no judgers of what beseems you.

For Border matters, they are so shameful and inhuman as it would loathe a

king's heart to think of them. I have borne for your quiet too long, even

murders committed by the hands of your own wardens, which, if they be

true, as I fear they be, I hope they shall well pay for such demerits, and

you will never endure such barbarous acts to be unrevenged.

I will not molest you with other particularities; but will assure myself

that you will not easily be persuaded to overslip such enormities, and

will give both favourable ear to our ambassador, and speedy redress, with

due correction for such demeanour. Never think them mete to rule, that

guides without rule.

Of me make this account, that in your world shall never be found a more

sincere affection, nor purer from guile, nor fuller fraught with truer

sincerity than mine; which will not harbour in my breast a wicked conceit

of you, without such great cause were given, as you yourself could hardly

deny; of which we may speed, I hope, _ad calendas Graecas_.

I render millions of thanks for such advertisements as this bearer brought

from you; and see by that, you both weigh me and yourself in a right

balance; for who seeks to supplant one, looks next for the other."

These wise and weighty admonitions were no doubt received in a becoming

spirit. But James was not prepared at once to comply with the demand that

Buccleuch should be handed over to the tender mercies of his enemies.

Buccleuch was a special favourite. He was disposed, therefore, to shield

him as long as he could conveniently do so, with any degree of safety to

himself and his own interests. Negotiations were carried on between the

two governments for a period of eighteen months, and everything might have

been amicably settled had the wardens, and others in authority, only

conducted themselves with a reasonable amount of discretion. Scrope,

especially was dying to be revenged on those who had subjected him to such

great indignity; and consequently, a few months after the castle of

Carlisle had been broken into by Buccleuch, he gathered together two

thousand men and marched into Liddesdale, where he and his followers

created great devastation. They burned, so the Scottish commissioners

allege, "24 onsettes of houses, and carried off all the goods within four

miles of bounds. They coupled the men their prisoners 'tua and tua

togeather in leashe like doggis. Of barnis and wemen, three or four

scoore, they stripped off their clothis and sarkis, leaving them naked in

that sort, exposit to the injurie of wind and weather, whereby nyne or

tenne infantes perished within eight daies thereafter.'"

The answer of the English commissioners to this indictment indicates, at

least, the grounds on which Scrope regarded himself as justified in

undertaking this invasion of Liddesdale. The reasons adduced are

plausible, if not always convincing. "It is no novelty," they say, "but an

ancient custom, for the English warden to assist his opposite, and the

keeper of Liddesdale, to ride on and 'herrie' such thieves, and on

occasion to do so at his own hand.... Buccleuch, besides (1) surprising

the second fortress of the Queen's Border; (2) slaying 24 of her subjects,

including 16 of her soldiers; (3) has bound himself with all the notorious

riders in Liddesdale, Eskdale, and Ewesdale, and after asserting that he

paid 'out of his own purse' half of the sworn bill of Tyndale of L800,

which the King commanded him to answer, joined himself with the Ellotts

and Armstrongs, to plunder Tyndale for demanding the balance, slaying in

their own houses 7 of the Charletons and Dodds the chief claimants. And

being imprisoned by the King, he made a sporting time of it, hunting and

hawking, and on his release did worse than ever, maintaining his 'coosens'

Will of Hardskarth, Watt of Harden, &c., to murder, burn, and spoile as

before.

The people under his charge, Ellotts, Armstrongs, Nicksons, &c., have of

late years murdered above 50 of the Queen's good subjects, many in their

own houses, on their lawful business at daytime--as 6 honest Allandale men

going to Hexham market, cut in pieces. For each of the last 10 years they

have spoiled the West and Middle Marches of L5000. In short, they are

intolerable, and redress being unattainable, though repeatedly demanded by

the Queen and warden, the justifiable reprisal ordered by her Majesty in

necessary defence of her own Border, cannot in equity be called an

invasion, but rather 'honourable and neighbourlike assistance,' to

maintain the inviolable amitie between the princes and realms, against

the proud violaters thereof in eyther nation.... To conclude--this action

of the Lord Scrope's is to be reputed and judged a 'pune,' an ancient

Border tearme, intending no other than a reprisall, which albeit of late

years her Majesty's peacable justice hath restrained."

There is much in a name. This invasion of Liddesdale, resulting in the

burning of numerous homesteads, the slaughter of many women and children,

accompanied by barbarities of the most revolting description, is

euphoniously described by the commissioners as "honourable and

neighbourlike assistance." The women and bairns, who were led in leashes

like so many dogs, were no doubt duly grateful to my Lord Scrope and his

minions for their kindly attentions! The absurdity of such a verdict is

surely unique.

It would appear that Buccleuch's enforced absence from the Borders, after

the taking of Carlisle castle, was of brief duration. He was soon back in

his old haunts, and at his old trade. What had happened in the interim was

not likely to enhance his feeling of regard for Scrope, and those who were

aiding and abetting him in this matter. He was determined to avenge the

cruel raid which had been made upon Liddesdale. Along with Sir Robert Ker

of Cessford, another renowned freebooter, he marched into Tynedale with

fifty horse and a hundred foot, burned at noonday three hundred onsteads

and dwelling houses; also barns, stables, ox houses, &c., to the number of

twenty; and murdered "with the sworde" fourteen who had been to Scotland,

and brought away their booty. The English warden was utterly helpless. He

dare not lift a finger to stay the progress of the invaders. He gave vent

to his feelings in a letter to Burghley, in which he says--"To defend such

like incursions, or rather invasions, with sorrow as formerly I declare to

your lordship the weak state of Tindale, for there was not 6 able horse to

follow the fray 'upon the shoute,' though in daytime, and where as

reported to me, there were 300 able foot, 'or better,' there was not a

hundred of this following, 'and those naked.' This piteous state increases

since my coming, and I cannot see how to amend it, leaving this to your

wisdom, 'wishing to God' I had never lived to serve where neither her

Majesty nor her officer is obeyed; fearing unless assisted by her

Majesty's forces, Tyndale will be laid waste as other parts of the March

are."[96]

One cannot restrain a certain feeling of commiseration for the English

warden, who was so shamefully neglected by his government, and so

miserably supported in the discharge of his duties by those dwelling

within his wardenry. The complaint which Eure here makes is one which was

often made by the wardens on the English Border. They were frequently

left in a comparatively helpless condition, having neither men, horses,

nor money sufficient for their purposes. The knowledge of this fact no

doubt encouraged the Scots to pursue their nefarious calling with a

boldness and persistency, which, at first sight, appear somewhat

extraordinary.

Buccleuch, when charged with the atrocities here so minutely described,

had a good deal to say in his own defence. He avowed that his inroad on

Tynedale was fully justified. He says--"60 English entered Liddesdale by

night, slew 2 men, and drove many sheep and cattle, when the fray arising,

he with neighbouring gentlemen 'followed the chace with the dog,' and put

the first men he met making resistance, to the sword. The rest of the

spoil, taken to sundry houses in Tindale, was therein held against him by

the stealers, and though he offered them life and goods, if the cattle

were delivered, he had to force entry by the firing of doors, when the

houses were burned 'besides his purpose,' with the obstinate people who

refused to yield on trust."[97]

This plausible story, the main facts of which, however, are admitted by

the English warden, did not go far to pacify the Queen of England. She

threatened the utmost penalties unless Buccleuch and Ker were delivered

up to her. The time had gone past for further "excuses, deferrings, and

lingerings." It is said her resentment had reached such a pitch that, with

her concurrence, a plan was formed to _assassinate_ Buccleuch.

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