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NOTE XVIII.

When Comyn fell beneath the knife
Of that fell homicide The Bruce.-P. 419
Vain Kirkpatrick's bloody dirk,
Making sure of murder's work.-P. 423.

Every reader must recollect that the proximate cause of Bruce's asserting his right to the crown of Scotland, was the death of John, called the Red Comyn. The causes of this act of violence, equally extraordinary from the high rank both of the perpetrator and sufferer, and from the place where the slaughter was committed, are variously related by the Scottish and English historians, and cannot now be ascertained. The fact that they met at the high altar of the Minorites, or Greyfriars' Church in Dumfries, that their difference broke out into high and insulting language, and that Bruce drew his dagger and stabbed Comyn, is certain. Rushing to the door of the church, Bruce met two powerful barons, Kirkpatrick of Closeburn, and James de Lindsay, who cagerly asked him what tidings? 'Bad tidings, answered Bruce; 'I doubt I have slain Comyn.-'Doubtest thou?' said Kirkpatrick; I make sicker!' (i.e. sure.) With these words, he and Lindsay rushed into the church, and despatched the wounded Comyn. The Kirkpatricks of Closeburn assumed, in memory of this deed, a 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 started 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 3rd October, 1357 (Foedera); it follows, of necessary conse quence, that 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 existenceStephen Kirkpatrick, styled in the Chartulary of Kelso (1278) Dominus villae de Closeburn, Filiuset haeres 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 omittedUmphray, 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 Moskessen, 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, 22nd April, 1372. From this, it appears that the Torthorwald branch was not concerned in the affair of Comyn's murder, and the inflictions 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:

"Ane Kyrk Patrick, that cruel was and keyne,
In Esdail wod that half yer he had beyne;
With Ingliss men he couth nocht weyll accord,
Off Torthorowald he Barron was and Lord,
Off kyn he was, and Wallace modyr ner;"&c.
Bk. V. v. 9:20.

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 Torthorwald, bears some resemblance, says Grose, to a rose.

Universal tradition, and all our later historians, have attributed the regent's deathblow 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 Closeburn 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 cottage, named Brownrig, situate in a small parcel of stoney ground, encompassed 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 XIX.

Barendown fled fast away,

Fled the fiery De la Haye.-P. 423. 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 stanch 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 Scotiae. He was slain at the battle of Halidoun-hill. Hugh de la Haye, his brother, was made prisoner at the battle of Methven.

NOTE XX.

Well hast thou framed, Old Man, thy strains,

To praise the hand that pays thy pains.

P. 423.

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 villages 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, and chiefs; and upon the occasion of marriages to repeat the same at every succession of and births, they made epithalamiums and panegyricks, which the poet or bard proeloquence, had a powerful ascendant over nounced. The orators, by the force of their the greatest men in their time; for if any orator did but ask the habit, arms, horse, or any other thing belonging to the greatest man in these islands, it was readily granted them, sometimes out of respect, and sometimes for fear of being exclaimed against by a satyre, which, in those days, was reckoned a great dishonour. But these gentlemen becoming insolent, lost ever since both the profit and esteem which was formerly due to their character; for neither their panegyricks nor satyres are regarded to what they have been, and they are now allowed but a small salary. I must not omit to relate their way of study, which is very singular: They shut their doors and windows for a day's time, and lie on their backs, with a stone upon their belly, and plads about their heads, and their eyes being covered, they pump their brains for rhetorical encomium or panegyrick; and indeed they furnish such a style from this dark cell as is understood by very few; and if they purchase a couple of horses as the reward of their meditation, they think they have done a great matter. The poet, or bard, had a title to the bridegroom's upper garb, that is, the plad and bonnet; but now he is satisfied with what the bridegroom pleases to give him on such occasions.' MARTIN'S Western Isles.

NOTE XXI.

Was 't not enough to Ronald's bower I brought thee, like a paramour.-P. 426. It was anciently customary in the Highlands to bring the bride to the house of the

husband. Nay, in some cases the complaisance was stretched so far, that she remained there upon trial for a twelvemonth; and the bridegroom, even after this period of cohabitation, retained an option of refusing to fulfil his engagement. It is said that a desperate feud ensued between the clans of Mac-Donald of Sleate and Mac-Leod, owing to the former chief having availed himself of this license to send back to Dunvegan a sister, or daughter of the latter. Mac-Leod, resenting the indignity, observed, that since there was no wedding bonfire, there should be one to solemnize the divorce. Accordingly, he burned and laid waste the territories of Mac-Donald, who retaliated, and a deadly feud, with all its accompani ments, took place in form.

NOTE XXII.

Since matchless Wallace first had been
In mock'ry crown'd with wreaths of green.
—P. 426.

Stow gives the following curious account of the trial and execution of this celebrated patriot:-William Wallace, who had ofttimes set Scotland in great trouble, was taken and brought to London, with great numbers of men and women wondering upon him. He was lodged in the house of William Delect, a citizen of London, in Fenchurch-street. On the morrow, being the eve of St. Bartholomew, he was brought on horseback to Westminster. John Legrave and Geffrey, knights, the mayor, sheriffs, and aldermen of London, and many others, both on horseback and on foot, accompanying him; and in the great hall at Westminster, he being placed on the south bench, crowned with laurel, for that he had said in times past that he ought to bear a crown in that hall, as it was commonly reported; and being appeached for a traitor by Sir Peter Malorie, the king's justice, he answered, that he was never traitor to the King of England; but for other things whereof he was accused, he confessed them; and was after headed and quartered.-Srow, Chr. p. 209. There is something singularly doubtful about the mode in which Wallace was taken. That he was betrayed to the English is indubitable; and popular fame charges Sir John Menteith with the indelible infamy. Accursed,' says Arnold Blair, 'be the day of nativity of John de Menteith, and may his name be struck out of the book of life.' But John de Menteith was all along a zealous favourer of the English interest, and was governor of Dumbarton Castle by commission from Edward the First; and therefore, as the accurate Lord Hailes has observed, could not be the friend and confidant of Wallace, as tradition states him to be. The truth seems to be, that Menteith, thoroughly engaged in the

English interest, pursued Wallace closely, and made him prisoner through the treachery of an attendant, whom Peter Langtoft calls Jack Short.

•William Waleis is nomen that master was of theves, Tiding to the king is comen that robbery mischeives, Sir John of Menetest sued William so nigh, He tok him when he ween'd least, on night, his leman him by,

That was through treason of Jack Short his man, He was the encheson that Sir John so him ran, Jack's brother had he slain, the Walleis that is said, The more Jack was fain to do William that braid.' From this it would appear that the infamy of seizing Wallace, must rest between a degenerate Scottish nobleman, the vassal of England, and a domestic, the obscure agent of his treachery; between Sir John Menteith, son of Walter, Earl of Menteith, and the traitor Jack Short.

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When these lines were written, the author was remote from the means of correcting his indistinct recollection concerning the indiyidual fate of Bruce's followers, after the battle of Methven. Hugh de la Haye, and Thomas Somerville of Lintoun and Cowdally, ancestor of Lord Somerville, were both made prisoners at that defeat, but neither was executed.

Sir Nigel Bruce was the younger brother of Robert, to whom he committed the charge of his wife and daughter, Marjorie, and the defence of his strong castle of Kildrummie, near the head of the Don, in Aberdeenshire. Kildrummie long resisted the arms of the Earls of Lancaster and Hereford, until the magazine was treacherously burnt. The garrison was then compelled to surrender at discretion, and Nigel Bruce, a youth remarkable for personal beauty, as well as for gallantry, fell into the hands of the unrefenting Edward. He was tried by a special commission at Berwick, was condemned, and executed.

Christopher Seatoun shared the same un fortunate fate. He also was distinguished by personal valour, and signalized himself in the fatal battle of Methven. Robert Bruce adventured his person in that battle like a knight of romance. He dismounted Aymer de Valence, Earl of Pembroke, but was in his turn dismounted by Sir Philip Mowbray. In this emergence Seatoun came to his aid, and remounted him. Langtoft mentions, that in this battle the Scottish wore white surplices, or shirts, over their armour, that those of rank might not be known. In this manner both Bruce and Seatoun escaped.

But the latter was afterwards betrayed to the English, through means, according to Barbour, of one MacNab, 'a disciple of Judas,' in whom the unfortunate knight reposed entire confidence. There was some peculiarity respecting his punishment; because, according to Matthew of Westminster, he was considered not as a Scottish subject, but an Englishman. He was therefore taken to Dumfries, where he was tried, condemned, and executed, for the murder of a soldier slain by him. His brother, John de Seton, had the same fate at Newcastle; both were considered as accomplices in the slaughter of Comyn, but in what manner they were particularly accessory to that deed does not appear.

The fate of Sir Simon Frazer, or Frizel, ancestor of the family of Lovat, is dwelt upon at great length, and with savage exultation, by the English historians. This knight, who was renowned for personal gallantry, and high deeds of chivalry, was also made prisoner, after a gallant defence, in the battle of Methven. Some stanzas of a ballad of the times, which, for the sake of rendering it intelligible, I have translated out of its rude orthography, give minute particulars of his fate. It was written immediately at the period, for it mentions the Earl of Athole as not yet in custody. It was first published by the indefatigable Mr. Ritson, but with so many contractions and peculiarities of character, as to render it illegible, excepting by antiquaries.

This was before Saint Bartholomew's mass,
That Frizel was y-taken, were it more other less,
To Sir Thomas of Multon, gentil baron and free,
And to Sir Johan Jose be-take tho was he

To hand

He was y-fettered wele
Both with iron and with steel
To bringen of Scotland.

Soon thereafter the tiding to the king come,
He sent him to London, with mony armed groom,
He came in at Newgate, I tell you it on a-plight,
A garland of leaves on his head y-dight

Of green,
For he should be y-know,
Both of high and of low,

For traitour I ween.

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The preceding stanzas contain probably as minute an account as can be found of the trial and execution of state criminals of the period. Superstition mingled its horrors with those of a ferocious state policy, as appears from the following singular narrative:

'The Friday next, before the assumption of Our Lady, King Edward met Robert the Bruce at Saint Johnstoune, in Scotland, and with his company, of which company King Edward quelde seven thousand. When Robert the Bruce saw this mischief, and gan to flee, and hov'd him that men might not him find; but S. Simond Frisell pursued was so sore, so that he turned again and abode bataille, for he was a worthy knight and a bolde of bodye, and the Englishmen pursuede him sore on every side, and quelde the steed that Sir Simon Frisell rode upon, and then toke him and led him to the host. And S. Symond began for to flatter and speke fair, and saide, Lordys, I shall give you four thousand markes of silver, and myne horse and harness, and all my armoure and income. Tho' answered Thobaude of Pevenes, that was the kinges archer, Now, God me so

1 Gyves. 2 Burnt. 3 Lamenteth.

helpe, it is for nought that thou speakest, for all the gold of England I would not let thee go without commandment of King Edward. And tho' he was led to the King, and the King would not see him, but commanded to lead him away to his doom in London, on Our Lady's even nativity. And he was hung and drawn, and his head smitten off, and hanged again with chains of iron upon the gallows, and his head was set at Londonbridge upon a spear, and against Christmas the body was burnt, for encheson (reason) that the men that keeped the body saw many devils ramping with iron crooks, running upon the gallows, and horribly tormenting the body. And many that them saw, anon thereafter died for dread, or waxen mad, or sore sickness they had.'-MS. Chronicle in the British Museum, quoted by Ritson.

NOTE XXIV.

Was not the life of Athole shed
To soothe the tyrant's sicken'd bed?
-P. 427.

John de Strathbogie, Earl of Athole, had attempted to escape out of the kingdom, but a storm cast him upon the coast, when he was taken, sent to London, and executed, with circumstances of great barbarity, being first half strangled, then let down from the gallows while yet alive, barbarously dismembered, and his body burnt. It may surprise the reader to learn, that this was a mitigated punishment; for in respect that his mother was a grand-daughter of King John, by his natural son Richard, he was not drawn on a sledge to execution, 'that point was forgiven, and he made the passage on horseback. Matthew of Westminster tells us that King Edward, then extremely ill, received great ease from the news that his relative was apprehended. Quo audito, Rex Angliae, etsi gravissimo morbo tunc langueret, levius tamen tulit dolorem. To this singular expression the text alludes.

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And when he to the death was near,
The folk that at Kyldromy wer
Come with prisoners that they had tane,
And syne to the king are gane.
And for to comfort him they tauld
How they the castell to thein yauld;
And how they till his will were brought,
To do off that whatever he thought;
And ask'd what men should off them do,
Then look'd he angryly them to,

He said, grinning, "HANGS AND DRAWS."
That was wonder of sic saws,

That he, that to the death was near,
Should answer upon sic maner,
Forouten moaning and mercy;
How might he trust on him to cry,
That sooth-fastly dooms all thing
To have mercy for his crying,
Off him that, throw his felony,
Into sic point had no mercy?'

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So soon as the notice of Comyn's slaughter reached Rome, Bruce and his adherents were excommunicated. It was published first by the Archbishop of York, and renewed at different times, particularly by Lambyrton, Bishop of St. Andrews, in 1308; but it does not appear to have answered the purpose which the English monarch expected. Indeed, for reasons which it may be difficult to trace, the thunders of Rome descended upon the Scottish mountains with less effect than in more fertile countries. Probably the comparative poverty of the benefices occasioned that fewer foreign clergy settled in Scotland; and the interest of the native churchmen were linked with that of their country. Many of the Scottish prelates, Lambyrton the primate particularly, declared for Bruce, while he was yet under the ban of the church, although he afterwards again changed sides.

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