The conflict now began in earnest. Buccleuch and his men stoutly resisted the onslaught of Angus, and for a time the issue seemed uncertain. But Home, Cessford, and Fernieherst, having got wind of the affair, returned, supported by four score spears, “and sett on freschlie on the utmost wing, on the laird of Buccleughis field, and shortly bare them to the ground, quhilk caused the laird of Buccleugh to flie; on whom thair followed ane chaise be the lairdis of Sesfoord and Pherniherst, in the quhilk chaise the laird of Sesfoord was slain with ane cassin spear, be ane called Evan, servand of the laird of Buccleughis.”[55]
There seems nothing remarkable about such an incident as this. That Cessford should have been accidentally slain by one of Buccleuch’s servants was no doubt a regrettable incident, but those who play bowls must be prepared for rubbers. This, unfortunately, was not the view entertained by the Kers, who henceforth were at deadly feud with Buccleuch. All efforts to bring about a reconciliation were in vain. The Kers thirsted for vengeance, and were determined to “bide their time.” Twenty-six long years had come and gone, and one day as the laird of Buccleuch was passing along one of the streets of Edinburgh, little suspecting the fate which awaited him, he was fatally stabbed by the descendant of Cessford. The Borderers had many faults, but certainly they cannot be charged with having had short memories!
But a still more striking illustration of the disastrous consequences of the deadly feud is to be found in the case of the Johnstones and Maxwells, two of the most prominent and powerful families in Dumfriesshire. These two families were strong enough, had they been united, to have kept the whole district in good order; but unfortunately they were often at feud, with the result that not only their own interests, but the interests of the community as a whole, were ruthlessly sacrificed. It is worthy of note that one of the principal causes of the frequent and disastrous feuds between the representatives of the two families, was the frequency with which the office of warden was conferred, first on the one, and then on the other, without any good reason being assigned by the King for the adoption of this shuttle-cock policy. This office was naturally much coveted, as it was not only a source of revenue, which in those days was a most important consideration, but a condition of influence and power. It must, therefore, have been peculiarly irritating for the warden to be summarily called upon to resign his office almost before he had begun to reap the rewards pertaining to it. And when he saw his rival basking in the sunshine of the royal favour, from which he had been suddenly and capriciously excluded, his feelings may be more easily imagined than described. Nor did it greatly tend to soothe his wounded feelings to reflect that the person by whom he had been superseded would be certain before long to be hurled from his proud eminence and another put in his place. The whole system was pernicious, and was the source of no end of mischief and bad blood.
The origin of this famous feud may be briefly related. John, seventh Lord Maxwell, has been well described as one of those men whom a daring and restless temperament and their crimes “have damned to eternal fame.” After the death of the Regent Morton, he succeeded in securing a charter to the Earldom of Morton—his mother, Lady Beatrix Douglas, being the Regent’s second daughter. It was not his good fortune, however, to enjoy for a lengthened period either the title, or the domains attached to it. In January, 1585, four years after he had come into possession, Parliament rescinded the Attainder, and declared that the title and the estates were to be conferred on the Regent Morton’s lawful heir. Maxwell was declared a rebel, mainly owing to his religious views—he being a warm adherent of the Romish Church—and Johnstone was commissioned to apprehend him. Though he had the assistance of two bands of hired soldiers, Maxwell proved more than a match for him, took him prisoner, and set fire to Lochwood Castle, as it was savagely remarked, “that Lady Johnstone might have light to put on her hood.” This unexpected blow fell on the laird of Johnstone with crushing effect. In the following year he died of a broken heart. It is to these circumstances that we must attribute the origin of the deadly feud between the two clans, and especially between their chiefs.
But Maxwell, though gaining this important victory, was not allowed to escape. He was ultimately taken prisoner, but afterwards regained his liberty, on condition that he left the country. He went to Spain, and offered his services to “His Catholic Majesty,” who was then busily engaged in fitting out the Invincible Armada, by which he hoped to overwhelm both England and Scotland. Lord Maxwell—so little was he animated by the spirit of patriotism—entered into the scheme con amore. Being furnished with ample means, he returned to Scotland in 1588 to levy men on the Borders to assist his new sovereign. His prefidious designs were fortunately discovered, and ere he could make good his escape, he was surprised by the King in Dumfries, taken prisoner, and his wardenship of the West Marches bestowed on his powerful rival, the laird of Johnstone. Everything might have gone on smoothly at this juncture had the King only been gifted with a little firmness and foresight. He was anxious, however, to conciliate his Roman Catholic subjects, and he seems to have come to the conclusion that, reasonable conditions being imposed, he might accomplish this end by restoring Maxwell to favour and office. This was a fatal blunder, and produced disastrous results. Though the two rival chiefs were induced to enter into a bond of alliance to support each other in their lawful quarrels, as might have been expected, it was not long before circumstances arose which brought them again into deadly conflict. The Johnstones seemed to have concluded that they were at liberty to harry and despoil at their pleasure, so long as they left unmolested any of the name of Maxwell. Acting upon this principle, they made a raid upon Nithsdale, and committed sundry depredations on Lord Sanquhar, the lairds of Drumlanrig, Closeburn, and Lagg, and killed eighteen persons who had “followed their own goods.” Such a fierce and unprovoked assault could not well be allowed to go unpunished, and so a commission was given to Lord Maxwell to pursue the Johnstones with all hostilities. Johnstone hearing of this, at once adopted measures for his protection. He summoned to his aid the Scotts of Teviotdale, and the Grahams and Elliots of Eskdale, as well as “divers Englishmen, treasonably brought within the realm, armed in plain hostility.” Maxwell, however, determined not to be beat, entered into “Bonds of Manrent” with Sanquhar, Drumlanrig, and several others, who had suffered at the hands of Johnstone, to maintain each other’s quarrels.
Acting upon his commission, Maxwell summoned Johnstone to surrender, but this he refused to do, on the ground that the warden had acted illegally in entering into “Bonds” with the persons above-mentioned. As it was clearly impossible to settle the question by diplomatic means, the warden despatched Captain Oliphant with some troops to Lochmaben, to await his arrival in Annandale. The Johnstones, who were on the alert, coming suddenly upon them, killed the captain, and a number of his soldiers, and burned the Kirk of Lochmaben, where some of Oliphant’s men had fled for refuge. Lord Maxwell now entered the field in person. He expected to raise the different towns in his aid; but Johnstone, acting on the principle that “a ‘steek’ in time saves nine,” attacked him at once, scattered his forces, and slew Lord Maxwell, “and sundry gentlemen of his name.” This affair took place December, 1593, and is well known as the Battle of Dryfe Sands. “Lord Maxwell,” it is said, “a tall man, and heavy in armour, was in the chase overtaken and stricken from his horse. The report went that he called to Johnstone, and desired to be taken (prisoner), as he had formerly taken his (Johnstone’s) father: but was unmercifully used; and the hand that reached forth cut off; but of this I can affirm nothing. There, at all events, the Lord Maxwell fell, having received many wounds. He was a nobleman of great spirit, humane, courteous, and more learned than noblemen commonly are; but aspiring and ambitious of rule.”
In this contest the Maxwells suffered severely. They were cut down in scores in the streets of Lockerbie. It is said that those who escaped bore on them to their dying hour marks of the fatal day, which occasioned the proverbial phrase of “a Lockerby lick,” to denote a frightful gash over the face or skull. So dreadful was the carnage in this disastrous “bout of arms” that it is alleged by numerous historians that at least 700 of the Maxwells and their adherents were slain. Two aged thorns long marked the spot where Maxwell met his fate, known in the district as “Maxwell’s Thorns.” They were carried away by a flood some fifty years ago, but have been replaced by two others, now enclosed in a railing.
“It is evident, then,” remarks Pitcairn, “according to the sentiments of those times, inherited from their earliest years, which ‘grew with their growth and strengthened with their strength,’ that natural duty and filial piety required such a feud should become hereditary, and behoved should be handed down from one generation to another. The attempts by the King and his Council to procure an effectual reconciliation, although strenuously made and often repeated, at length proved abortive. The re-appointment of the Laird of Johnstone to be warden of the West Marches, in 1596, appears to have served as a signal for the resumption of mutual aggressions.”[56] It would seem that Johnstone held the office at this time for a period of three years, but as his wardenry had got into a most unsatisfactory condition, he was superseded by Sir John Carmichael, his appointment being notified to Lord Scrope, by James VI., on the 26th December, 1599. Carmichael was murdered by Thomas Armstrong, “son of Sandies Ringan,” in the following year, and Johnstone was again appointed to this ill-fated office. All this time the feud raged as fiercely as ever. Various attempts were made to bring about an agreement, but nothing came of them. At length through the influence of mutual friends, a private meeting was arranged. Solemn pledges were given and exchanged, and Lord Maxwell and Sir James Johnstone met on the 6th of April, 1608, each accompanied only by a single attendant. The principals having removed some distance to discuss their affairs, a quarrel arose between the two attendants, and when Sir James Johnstone turned round to admonish them to keep the peace, Lord Maxwell suddenly drew his pistol, and fired at him, and shot him through the back with two bullets.
This cold-blooded murder, made all the more heinous by the circumstances in which it was perpetrated, was amply revenged. Lord Maxwell was apprehended, and put in ward in the Castle of Edinburgh. He contrived, however, to escape, and went abroad, where he remained for four years. He returned to the Borders, but finding that his crime was remembered against him, had instantly to prepare for embarkation to Sweden. Unfortunately for himself, he was persuaded by his kinsman, the Earl of Caithness, to abandon this project. He was lured to Castle Sinclair, where he was promised shelter and secrecy. He was not long there before he was betrayed by his friend, taken prisoner, and brought to Edinburgh and beheaded. “It may be gratifying to know that the Earl of Caithness obtained no reward for his traitorous conduct; but, on the contrary, his treachery served as a source of constant reproach to him and his family.”[57]
“Thus was finally ended, by a salutary example of severity, ‘the foul debate’ betwixt the Maxwells and the Johnstones, in course of which each family lost two chieftains; one by dying of a broken heart, one in the field of battle, one by assassination, and one by the sword of the executioner.”[58]