* * * * *
This beautiful ballad is published from a copy in Glenriddel's MSS.,
with some slight variations from tradition. It alludes to one of the
most remarkable feuds upon the west marches.
A.D. 1585, John, Lord Maxwell, or, as he styled himself, Earl of
Morton, having quarrelled with the Earl of Arran, reigning favourite
of James VI., and fallen, of course, under the displeasure of the
court, was denounced rebel. A commission was also given to the laird
of Johnstone, then warden of the west-marches, to pursue and apprehend
the ancient rival and enemy of his house. Two bands of mercenaries,
commanded by Captains Cranstoun and Lammie, who were sent from
Edinburgh to support Johnstone, were attacked and cut to pieces
at Crawford-muir by Robert Maxwell, natural brother to the
chieftain;[195] who, following up his advantage, burned Johnstone's
castle of Lochwood, observing, with savage glee, that he would
give Lady Johnstone light enough by which to "set her hood." In
a subsequent conflict, Johnstone himself was defeated, and made
prisoner, and is said to have died of grief at the disgrace which
he sustained.--See _Spottiswoode_ and _Johnstone's Histories_, and
_Moyse's Memoirs, ad annum_ 1585.
By one of the revolutions, common in those days, Maxwell was soon
after restored to the king's favour, in his turn, and obtained the
wardenry of the west marches. A bond of alliance was subscribed by
him, and by Sir James Johnstone, and for some time the two clans
lived in harmony. In the year 1593, however, the hereditary feud was
revived, on the following occasion: A band of marauders, of the clan
Johnstone, drove a prey of cattle from the lands belonging to the
lairds of Crichton, Sanquhar, and Drumlanrig; and defeated,
with slaughter, the pursuers, who attempted to rescue their
property.--[_See the following Ballad and Introduction_.] The injured
parties, being apprehensive that Maxwell would not cordially
embrace their cause, on account of his late reconciliation with the
Johnstones, endeavoured to overcome his reluctance, by ottering
to enter into bonds of manrent, and so to become his followers
and liegemen; he, on the other hand, granting to them a bond of
maintenance, or protection, by which he bound himself, in usual form,
to maintain their quarrel against all mortals, saving his loyalty.
Thus, the most powerful and respectable families in Dumfries-shire
became, for a time, the vassals of Lord Maxwell. This secret alliance
was discovered to Sir James Johnstone by the laird of Cummertrees,
one of his own clan, though a retainer to Maxwell. Cummertrees
even contrived to possess himself of the bonds of manrent, which he
delivered to his chief. The petty warfare betwixt the rival barons was
instantly renewed. Buccleuch, a near relation of Johnstone, came to
his assistance with his clan, "the most renowned freebooters (says
a historian), the fiercest and bravest warriors, among the border
tribes"[196] With Buccleuch also came the Elliots, Armstrongs, and
Graemes. Thus reinforced, Johnstone surprised and cut to pieces a
party of the Maxwells, stationed at Lochmaben. On the other hand,
Lord Maxwell, armed with the royal authority, and numbering among his
followers all the barons of Nithesdale, displayed his banner as the
king's lieutenant, and invaded Annandale, at the head of 2000 men. In
those days, however, the royal auspices to have carried as little good
fortune as effective strength with them. A desperate conflict, still
renowned in tradition, took place at the Dryffe sands, not far from
Lockerby, in which Johnstone, although inferior in numbers, partly by
his own conduct, partly by the valour of his allies, gained a decisive
victory. Lord Maxwell, a tall man, and heavily armed, was struck from
his horse in the flight, and cruelly slain, after the hand, which he
stretched out for quarter, had been severed from his body. Many of
his followers were slain in the battle, and many cruelly wounded;
especially by slashes in the face, which wound was thence termed
a "_Lockerby lick_." The barons of Lag, Closeburn, and Drumlanrig,
escaped by the fleetness of their horses; a circumstance alluded to in
the following ballad.
[Footnote 195: It is devoutly to be wished, that this Lammie (who was
killed in the skirmish) may have been the same miscreant, who, in the
day of Queen Mary's distress, "hes ensigne being of quhyt taffitae,
had painted one it ye creuell murther of King Henry, and layed down
before her majestie, at quhat time she presented herself as prisoner
to ye lordis."--_Birrel's Diary, June_ 15, 1567. It would be some
satisfaction to know, that the grey hairs of this worthy personage did
not go down to the grave in peace.]
[Footnote 196: _Inter accolas latrociniis famosos Scotos Buccleuchi
clientes--fortissimos tributium et ferocissimos_,--JOHNSTONI
_Historia, ed. Amstael_, p. 182.]
This fatal battle was followed by a long feud, attended with all the
circumstances of horror, proper to a barbarous age. Johnstone, in
his diffuse manner, describes it thus: "_Ab eo die ultro citroque
in Annandia et Nithia magnis utriusque regionis jacturis certatum.
Caedes, incendia, rapinae, et nefanda facinora; liberi in maternis
gremiis trucidati; mariti in conspectu conjugum suarum, incensae
villae lamentabiles ubique querimoniae et horribiles armorum
fremitus_." JOHNSTONI _Historia, Ed. Amstael_. p. 182.
John, Lord Maxwell, with whose _Goodnight_ the reader is here
presented, was son to him who fell at the battle of Dryffe Sands,
and is said to have early vowed the deepest revenge for his father's
death. Such, indeed, was the fiery and untameable spirit of the man,
that neither the threats nor entreaties of the king himself could make
him lay aside his vindictive purpose; although Johnstone, the object
of his resentment, had not only reconciled himself to the court, but
even obtained the wardenry of the middle-marches, in room of Sir John
Carmichael, murdered by the Armstrongs. Lord Maxwell was therefore
prohibited to approach the border counties; and having, in contempt of
that mandate, excited new disturbances, he was confined in the castle
of Edinburgh. From this fortress, however, he contrived to make his
escape; and, having repaired to Dumfries-shire, he sought an amicable
interview with Johnstone, under pretence of a wish to accommodate
their differences. Sir Robert Maxwell, of Orchardstane (mentioned
in the Ballad, verse 1.), who was married to a sister of Sir James
Johnstone, persuaded his brother-in-law to accede to Maxwell's
proposal. The two chieftains met, each with a single attendant, at a
place called Achmanhill, 6th April, 1608. A quarrel arising betwixt
the two gentlemen who attended them (Charles Maxwell, brother to the
laird of Kirkhouse, and Johnstone of Lockerby), and a pistol being
discharged, Sir James turned his horse to separate the combatants; at
which instant Lord Maxwell shot him through the back with a brace of
bullets, of which wound he died on the spot, after having for some
time gallantly defended himself against Maxwell, who endeavoured to
strike him with his sword. "A fact," saith Spottiswoode, "detested by
all honest men, and the gentleman's misfortune severely lamented, for
he was a man full of wisdom and courage."--SPOTTISWOODE, _Edition_
1677, _pages_ 467, 504. JOHNSTONI _Historia, Ed. Amstael_. pp. 254,
283, 449.
Lord Maxwell, the murderer, made his escape to France; but, having
ventured to return to Scotland, he was apprehended lurking in the
wilds of Caithness, and brought to trial at Edinburgh. The royal
authority was now much strengthened by the union of the crowns, and
James employed it in staunching the feuds of the nobility, with a
firmness which was no attribute of his general character. But, in the
best actions of that monarch, there seems to have been an unfortunate
tincture of that meanness, so visible on the present occasion.
Lord Maxwell was indicted for the murder of Johnstone; but this was
combined with a charge of _fire-raising_, which, according to the
ancient Scottish law, if perpetrated by a landed man, constituted a
species of treason, and inferred forfeiture. Thus, the noble purpose
of public justice was sullied, by being united with that of enriching
some needy favourite. John, Lord Maxwell, was condemned, and beheaded,
21st May, 1613. Sir Gideon Murray, treasurer-depute, had a great share
of his forfeiture; but the attainder was afterwards reversed, and
the honours and estate were conferred upon the brother of the
deceased.--LAING'S _History of Scotland_, Vol. I. p. 62.--JOHNSTONI
_Historia_, p. 493.
The lady, mentioned in the ballad, was sister to the Marquis of
Hamilton, and, according to Johnstone the historian, had little reason
to regret being separated from her husband, whose harsh treatment
finally occasioned her death. But Johnstone appears not to be
altogether untinctured with the prejudices of his clan, and is
probably, in this instance, guilty of exaggeration; as the active
share, taken by the Marquis of Hamilton in favour of Maxwell, is a
circumstance inconsistent with such a report.
Thus was finally ended, by a salutary example of severity, the "foul
debate" betwixt the Maxwells and Johnstones, in the course of which
each family lost two chieftains; one dying of a broken heart, one in
the field of battle, one by assassination, and one by the sword of the
executioner.
It seems reasonable to believe, that the following ballad must have
been written before the death of Lord Maxwell, in 1613; otherwise
there would have been some allusion to that event. It must therefore
have been composed betwixt 1608 and that period.