First published in the Minstrelsy of the Scottish Border, "from a copy in Glenriddell's Manuscript, with some slight variations from tradition." I understand this to mean, not that the variations were derived from tradition, but that the text of the Minstrelsy departs somewhat from that of the manuscript.
A and B agree entirely as to matter. The order of the stanzas, not being governed by an explicit story, might be expected to vary with every reciter.
In the year 1585, John, Lord Maxwell, having incurred the enmity of the king's favorite, the Earl of Arran, was denounced rebel, on such charges as were always at hand, and a commission was given to the Laird of Johnstone to pursue and take him. A hired force, by the aid of which this was expected to be done, was badly routed by the Maxwells in a sharp fight. Johnstone made a raid on Maxwell's lands; Maxwell burnt Johnstone's house. Finally, in one of their skirmishes, Johnstone was captured: "the grief of this overthrow gave Johnstone, shortly after he was liberated, his death."
After some years of feud, the two chiefs, "by the industry of certain wise gentlemen of the Johnstones," surprised all Scotland by mak ing a treaty of peace. On April 1, 1592, they entered into a bond to forget and forgive all rancor and malice of the past, and to live in amity, themselves and their friends, in all time coming. A little more than a year after, a party of Johnstones, relying, no doubt, on the forbearance of their new ally, then warden of the West Marches, ** rode a stealing "in the lands of Lord Sanquhar and of the knights of Drumlanrig, Lag, and Closeburn, carried off a large booty, and killed eighteen men who en deavored to retrieve their property. (See No 184, 'The Lads of Wamphray.') The injured gentlemen made complaint to Maxwell as warden, and also procured a commission directing him to proceed against the Johnstones. Maxwell was in an awkward plight. To induce him to take action, several of the sufferers engaged to enter into a bond of manrent, or homage, to Maxwell, by which they should be obliged to service and he to protection. "Maxwell, thinking this to be a good occasion for bringing all Nithsdale to depend upon him, embraced the offer." But this bond, through negligence, came to the hands of Johnstone, who, seeing what turn matters would take, made a league with Scotts, Eliots, and others, and in a battle at Dryfe Sands, by superior strategy, defeated Maxwell, though the warden had much larger numbers. This was in December, 1593. "The Lord Maxwell, a tall man and heavy in armor, was in the chase overtaken and stricken from his horse. The report went that he called to Johnstone and desired to be taken as he had sometime taken his father, but was unmercifully used, and the hand that he reached forth cut off. But of this," says Spotiswood, "I can affirm nothing. There always the Lord Maxwell fell, having received many wounds." Drumlanrig, Closeburn, and other of the Nithsdale lairds of Maxwell's faction, barely escaped with their lives.
Sir James Johnstone soon made his peace with the king, whose warden had been slain while acting under royal authority. The heir of the slain warden, John, the ninth Lord Maxwell, is said to have been only eight years old at the time of his father's death.[foot-note] If this was so, he became very early of age for all purposes of offence. The two clans kept up a bloody and destructive private war. Both chiefs were imprisoned and proclaimed rebel or traitor; Maxwell twice, first in 1601, as fa voring popery, and again in 1607, for his extravagant turbulence; and in each case he made his own escape, the second time by the use of violence. At length, influenced perhaps by a conviction that his defiance of the law had gone too far for his safety, Maxwell seemed to be seriously disposed to reconcile himself with his inveterate enemy.[foot-note] Sir James Johnstone, as it happened, had already asked Sir Robert Maxwell, who was his brother-in-law and cousin to Lord Maxwell, to speak to his kinsman with that view. Sir Robert had no wish to meddle, for his cousin, he said, was a dangerous man to have to do with. Lord John, however, spontaneously sent for Sir Robert, and said to him, You see my estate and the danger I stand in. I would crave your counsel as a man that tenders my weal. The result of much conference and writing (in which Sir Robert Maxwell, evidently feel ing imperfect confidence in his cousin, acted with great caution) was that Lord Maxwell proposed a tryst with Sir James Johnstone, each of them to be accompanied by one person only, and no others to be present except Sir Robert, and faithfully promised, with his hands between Sir Robert's hands, that neither he nor the man he should bring with him should do any wrong, "whether they agreed or not." Johnstone accepted the terms and made corresponding promises. The meeting came off the 6th of April, 1608. Johnstone brought Willie Johnstone with him, and Maxwell Charlie Maxwell, a man that Sir Robert strongly disapproved, but his chief undertook to be answerable for him. Sir Robert required the same guaranty on the part of Johnstone for his follower, and these men were ordered to keep away from one another. The two principals and their mediator between them rode off, with their backs to their men, and began their parley. Looking round, Sir Robert saw that Charlie Maxwell had left his appointed place and gone to Willie Johnstone, at whom, after some words between them, he fired a pistol. Sir Robert cried to Lord Maxwell, Fie, make not yourself a traitor and me both ! Lord Maxwell replied, I am blameless. Sir James Johnstone slipped away to see to his follower's safety. Lord Maxwell followed Sir James, shot him in the back, and rode off.[foot-note]
Lord Maxwell fled the country, but was tried in his absence and sentenced to death, with forfeiture of his estates. He came back to Scotland after four years, was basely be trayed into the power of the government by a kinsman, and was beheaded at Edinburgh May 21, 1613.[foot-note]
"Thus was finally ended," remarks Sir Walter Scott, "by a salutary example of severity, the 'foul debate' betwixt the Max wells 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."
A 1, 2, and passim The very affectionate relations of Lord Maxwell and his 'lady and only joy,' are a fiction of the ballad-maker. His wife was daughter of the first Marquis of Hamilton. Maxwell instituted a process of divorce against her, and she died while this was pending, before he fled the country in 1608. By his treatment of his wife he made her brother, the second marquis, and the Hamiltons generally, his enemies.[foot-note]
5, 6. Carlaverock castle had from far back belonged to the Maxwells, and is theirs still. They had a house, or castle, at Dumfries, and the custody of the "houses" of Lochmaben, Langholm, and Thrieve.
9, 10. Douglas of Drumlanrig, Kirkpatrick of Closeburn, and Grierson of Lag fled in the sauve qui peut of Dryfe Sands, and the partisans of Lord Maxwell, who there lost his life, would naturally describe them as deserting their chief. They (or two of them) had entered into a "band" with Maxwell, as aforesaid. The ballad-maker seems to intimate that they were in a band with each other, or with somebody, to betray Maxwell.
11, and B 1. 'Robin in the Orchet,' 'Robert of Oarchyardtoan,' is properly Sir Robert Maxwell of Orchardton, Lord John's cousin, but it is evident, from the conjunction of mother and sisters, that the person here intended is his brother Robert, to whom, some years after the execution and forfeiture of Lord John, the estates were restored.
14. Maxwell's wife, as said above, was no longer living. The "offers" which he made, to save his life, contain a proposal that he should marry the slain Sir James Johnstone's daughter, without any dowry.
"Goodnight" is to be taken loosely as a farewell. Other cases are 'John Armstrong's last Goodnight,' and the well-known beautiful fragment (?) of two stanzas called 'Armstrong's Goodnight;' again, Essex's last Good night, to the tune of The King's last Good night, Chappell, Roxburghe Ballads, I, 570, and Popular Music, p. 174. The Earl of Derby sings a Goodnight (though the name is not used) in 'Flodden Field,' No 168, III, 356, stanzas 36-58. Justice Shallow sang those tunes that he heard the carmen whistle, and s ware they were his Fancies, or his Goodnights: Second Part of Henry IV, III, 2. Lord Byron, in the preface to Childe Harold's Pilgrimage, says "the good-night in the beginning of the first canto was suggested by Lord Maxwell's Goodnight in the Border Minstrelsy."
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