July; and it is expressly accorded, "Gif ony stellis authir on the ta part, or on the tothyr, that he shall be henget or heofdit; and gif any cumpany stellis ony gudes wythin the trieux before sayde, ane of that cumpany sall be henget or he ofdit, and the remanent sall restore the gudes stolen in the double." History of Westmoreland and Cumberland, Introd. p. xxxix.

.............William of Deloraine

Will cleanse him, by oath, of march-treason stain.

Verse 23, p. 91.

In dubious cases, the innocence of Border crimi. nals was occasionally referred to their own oath. The form of excusing bills or indictments, by Border-oath, ran thus: "You shall swear by heaven above you, hell beneath you, by your part of Paradise, by all that God made in six days and seven nights, and by God himself, you are whart out sackless of art, part, way, witting, ridd, kenning, having, or recetting of any of the goods and cattells named in this bill. So help you God." History of Cumber» land, Introd. p. xxv.

Knighthood he took of Douglas' sword.

Verse 23, p. 91.

The dignity of knighthood, according to the ori ginal institution, had this peculiarity, that it did not

How from the monarch, but could be conferred by one who himself possessed it, upon any squire who, after due probation, was found to merit the honor of chivalry. Latterly, this power was confined to generals, who were wont to create knights bannerets after or before an engagement. Even so late as the reign of queen Elizabeth, Essex highly offended his jealous sovereign by the indiscriminate exertion of this privilege. Amongst others he knighted the witty Sir John Harrington, whose favor at court was by no means enhanced by his new honors. See the Nuga Antiqua, edited by Mr. Park. But probably the latest instance of knighthood, conferred by a subject, was in the case of Thomas Ker, knighted by the earl of Huntley, after the defeat of the earl of Argyle in the battle of Belrinnes. The fact is attested, both by a poetical and prose account of the engagement, contained in a MS. in the Advocates Library, and lately edited by Mr. Dalyell, in Godly Sangs and Ballets, Edin. 1802.

When English blood swelled Ancramford.

Verse 23, p. 91.

The battle of Ancram Moor, or Penielheuch, was fought A. D. 1545. The English comanded by Sir Ralph Evers and Sir Brian Latoune, were totally routed, and both their leaders slain in the action.

W

The Scottish army was commanded by Archibald Douglas, earl of Angus, assisted by the laird of Buccleuch and Norman Lesly.

The Blanch Lion-Verse 27, p. 94.

This was the cognizance of the noble house of Howard in all its branches. The crest, or bearing, of a warrior was often used as a nomme de guerre. Thus Richard III. acquired his well known epithet, the Boar of York. In the violent satire on Cardi ̧ nal Wolsey, commonly, but erroneously, imputed to Dr. Bull, the duke of Buckingham is called the Beautiful Swan, and the duke of Norfolk, or earl of Surrey, the White Lion. As the book is extremely rare, and the whole passage relates to the emblemati cal interpretation of heraldry, it shall be here given at length.

The description of the armes.

Of the proude Cardinall this is the shelde,
Borne up betwene two angels of Sathan;
The sixe blouddy axes in a bare felde,
Sheweth the cruelte of the red man,
Which hath devoured the beautifull swan,
Mortall enmy unto the whyte lion,

Carter of Yorcke, the vyle butcher's sonne

The sixe bulles heddes in a felde blacke
Betokeneth hys stordy furiousnes,
Wherfore the godly lyght to put abacke,
He bryngeth in his dyvlisshe darcnes;

The bandog in the middes doth expresse
The mastif curre bred in Ypswitch towne,
Gnawynge with his teth a kinges crowne

The cloubbe signifieth playne his tiranny,
Covered over with a Cardinal's hatt,
Wherin shal be fulfilled the prophecy,
Aryse up Jacke, and put on thy salatt.
For the tyme is come of bagge and walatt,
The temporall chevalry thus throwen doune,
Wherfor prest take hede, and beware thy croune

There are two copies of this very scarce satire in the library of the late duke of Roxburghe.

Let Musgrave meet fierce Deloraine

In single fight.-Verse 27, p. 94.

It may easily be supposed, that trial by single combat, so peculiar to the feudal system, was common on the Borders. The following indenture will show at how late a period it was there resorted to, as a proof of guilt or innocence.

It is agreed between Thomas Musgrave and

Lancelot Carleton, for the true trial of such controversies as are betwixt them, to have it openly tried, by way of combat, before God and the face of the world, to try it in Canonbyholme, before England and Scotland, upon Thursday in Easter-week, being the eighth day of April next ensuing, A. D. 1602, betwixt nine of the clock, and one of the same day, to fight on foot, to be armed with jack, steel cap, plaite sleeves, plaite breeches, plaite sockes, two baslared swords, the blades to be one yard and half a quarter of length, two Scotch daggers or dorks at their girdles, and either of them to provide armour and weapons for themselves, according to this indenture. Two gentlemen to be appointed on the field to view both the parties, to see that they both be equal in arms and weapons, according to this indenture. Two gentlemen to be appointed on the field to view both the parties, to see that they both be equal in arms and weapons, according to this indenture; and being so viewed by the gentlemen, the gentlemen to ride to the rest of the company, and to leave them but two boys viewed by the gentlemen, to be under 16 years of age, to hold their horses. In testimony of this our agreement, we have both set our hands to this indenture, of intent all matters shall be made so plain, as there shall be no question to stick upon that day. Which indenture as a wit