Spens of Kilspindie, a renowned cavalier, had been present in court, when the Earl of Angus was highly praised for strength and valour. "It may be," answered Spens, "if all be good that is upcome;" insinuating, that the courage of the earl might not answer the promise of his person. Shortly after, Angus, while hawking near Borthwick, with a single attendant, met Kilspindie. "What reason had ye," said the earl, "for making question of my manhood? thou art a tall fellow, and so am I; and by St. Bride of Douglas, one of us shall pay for it!"—"Since it may be no better," answered Kilspindie, "I will defend myself against the best earl in Scotland." With these words they encountered fiercely, till Angus, with one blow, severed the thigh of his antagonist, who died upon the spot. The earl then addressed the attendant of Kilspindie: "Go thy way: tell my gossip, the king, that here was nothing but fair play. I know my gossip will be offended; but I will get me into Liddisdale, and remain in my castle of the Hermitage till his anger be abated."—Godscroft, Vol. II. p. 59. The price of the earl's pardon seems to have been the exchange mentioned in the text. Bothwell is now the residence of Lord Douglas. The sword, with which Archibald, Bell-the-Cat, slew Spens, was, by his descendant, the famous Earl of Morton, presented to Lord Lindsay of the Byres, when, about to engage in single combat with Bothwell, at Carberry-hill—Godscroft, Vol. II. p. 175.
The statute 1594, cap. 231, ascribes the disorders on the border in a great measure to the "counselles, directions, receipt, and partaking, of chieftains principalles of the branches, and househalders of the saides surnames, and clannes, quhilkis bears quarrel, and seeks revenge for the least hurting or slauchter of ony ane of their unhappy race, although it were ardour of justice, or in rescuing and following of trew mens geares stollen or reft."
This tragedy, or, perhaps, the preceding execution of Lord Home, must have been the subject of the song, the first two lines of which are preserved in the Complaynt of Scotland;
God sen' the Duc hed byddin in France,
And de la Bauté had never come hame.
P, 100, Edin. 1801.