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bullets. They agreed, that in case the enemy got over their dykes, they should retire to the house, and if they should find them selves overpower'd there, to burn it, and bury themselves in the ashes.

In this action 13 men were killed, besides the officers named, and 30 wounded.

The account of the enemies loss is uncertain, but they are said to be above 300 slain, amongst whom were some persons of

note.

That handful of unexperienced men was wonderfully animated to a stedfast resistance against a multitude of obstinat furies. But they gave the glory to God, and praise ed him, and sung psalms, after they had fitted themselves for a new assault.

Amongst many who shewed extraordinary courage, some young gentlemen cadees de serve a special testimony and remembrance, as William Sandilands above named, James Pringle of Hultrie, William Stirling of Mallachen, James Johnstoun, a reformed lieutenent, and others.

Diverse officers besides those above specifed, viz. another Captain John Campbel, Captain Haries, Lieutenent Henry Stuart, Lieutenent Charles Dalyel, Lieutenent Oliphant, Lieutenent Thomas Haddo, Ensign William Hamilton, and most of all the officers, behaved very worthily at their several posts throughout the whole action, and deserve well to be recorded as men of worth

and valour. And the whole souldiers did every thing with such undaunted courage, and so little concern, in all the dangers and deaths which surrounded them and stared them in their faces, that they deserve to be recommended as examples of valour to this and after ages, and to have some marks of honour fist upon them. And it is expected his Majesty will be graciously pleased to take notice both of officers and souldiers.

Upon the Saturday immediately after those actions, the young Laird of Bellachan

came in to Dunkeld to treat for the benefit of his Majesties indemnitie for all those of Athole; and he declared that Lord James Murray was willing to accept thereof.

But Major General M'Kay (who by his gallant and wise conduct prevented the conjunction of ill-affected people with the rebels, and baffled all their designs upon the low countries) is now in the High-lands with a brave army. And with the blessing of God, will shortly give a good account of them all, and put an end to the troubles of this kingdom.

Edinburgh, Printed according to Order,1689.

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to bring the Article to a close in the succeeding Number, after bringing down more completely the account of the Kirk-Yetholm community to the present time; with the addition of such other anecdotes and observations as we had collected respecting their more general history; and perhaps with some further remarks upon their separate language and supposed origin. The attention required by more pressing subjects, however, has hitherand it is, unfortunately, only in our to prevented us from reverting to this; power now to execute the least difficult, if not the least important, part of our original plan-nainely, to present to the public the remainder of the miscellaneous anecdotes, with which we have been furnished from various sources, respecting this curious people. Records of the Court of Justiciary, We begin with some extracts from the and other judicial documents relating to trials of Gypsies.

In May 1714, William Walker, Patrick Faa, Mabill Stirling, Mary Faa, Jean Ross, Elspeth Lindsay, Joseph Wallace, John Phennick, Jean Yorkstown, Mary Robertson, Janet Wilson, and Janet Stewart, were indicted at Jedburgh, as guilty of wilful fire raising, and of being notorious Egyptians, thieves, vagabonds, sorners, masterful beggars and oppressors, at least holden in repute to be such.

It appeared from the proof, that a gang of gypsies had burnt the house of Greenhead in Roxburgh. One witness swore, that

stanes, on a morning, Janet Stewart, pannel, "The deponent being in a barn at Haircame into it, and prayed God's malison to light upon them who had put her to that trouble; and being asked who it was, she said it was Sir William Kerr of Greenhead, who had put her bairn in prison,—and depones, that the same night after Janet Stewart uttered the words aforesaid, Sir William Kerr's house of Bridgend was burnt."

Another witness swears, that

"The night after Sir William Kerr's house was burnt, about five o'clock, Patrick Faa, pannel, looked over the prison window, and asked if it were true that Sir William Kerr's house was burnt; and the deponent answering that it was but too true, Patrick Faa said, that the rest of the justices of peace would have set him at liberty, but Sir William would not consent; and that, if he had been at liberty, it would not have happened, for he would have cleansed the

country of these Egyptians and vagabonds gon the declarant did not well understand, they that were going about."

The sentence upon Janet Stewart was, that she should be scourged through Jedburgh, and afterwards stand a quarter of an hour at the Cross, with her left ear nailed to a post.

P. Faa, Mary Faa, Stirling, Lindsay, Ross, Robertson, Phennick, and Yorkstown, were sentenced to be transported to the Queen's American plantations for life. Patrick was, in addition, sentenced to be whipped through the town, and to stand half an hour at the cross with his left ear nailed to a post, and then to have both his ears cutted off.' Phennick was banished furth of Scotland;' and Walker, Wallace, and Wilson, were acquitted.

About the same time, three men and two women, all gypsies, were sentenced to be hanged at Edinburgh.

In a precognition, taken in March 1725, by Sir James Stewart of Coltness, and Captain Lockhart of Kirkton, two of his Majesty's Justices of the Peace for Lanarkshire, "anent the murther of William Baillie, brazier, commonly called Gypsie," the follow ing evidence is adduced:-

"John Meikle, wright, declares, that upon the twelvth of November last, he being in the house of Thomas Riddle, in Newarthill, with some others, the deceased William Baillie, James Kairns, and David Pinkerton, were in ane other roume drinking, where, after some high words, and a confused noise and squabble, the saids three persons above named went all out, and the declarant knowing them to be three of those idle sorners that pass in the country under the name of gypsies, in hopes they were gone off, rose and went to the door to take the air; where, to his surprize, he saw William Baillie standing, and Kairns and Pinkerton on horseback, with drawn swords in their hands, who both rushed upon the said William Baillie, and struck him with their swords; whereupon the said William Baillie fell down, crying out he was gone. Upon which, Kairns and Pinkerton rode off: that the declarant helped to carry the said William Baillie into the house, where, upon search, he was found to have a great cut, or

wound, in his head, and a wound in his body, just below the slot of his breast; and declares he, the said William Baillie, died some time after."

Thomas Riddle, tenant and change-keeper in Newarthill, &c.; declares, that the deceased William Baillie, James Kairns, and David Pinkerton, all idle sorners, that are knowen in the country by the name of gypsies, came to the declarant's house about sun-set

ting, where, after some stay, and talking a jar.

fell a squableing, when the declarant was in ane other room with some other company; in to them, where he found the said James upon the noise of which, the declarant ran Kairns lying above the said William Baillie, whose nose the said James Kairns had hit ten with his teeth till it bled; upon which the declarant and his wife threatened to raise the town upon them, and get a constable to carrie them to prison; but Kairns and Pinkerton called for their horses, William Baillie saying he would not go with them. De kerton had got their horses, and mounted, clares, that after the said Kairns and Pinthey ordered the declarant to bring a chopen of ale to the door to them, where William Baillie was standing talking to them: that when the declarant had filled about the ale, and left them, thinking they were going off, the declarant's wife went to the door, where Kairns struck at her with a drawn sword, to fright her in; upon which she ran in; and thereupon the declarant went to the door, where he found the said William Baillie lying with the wounds upon him, mentioned in John Meikle's declara

tion."

"Thomas Brownlee declares, that upon the fourth of November last, being St Leonard's fair in Lanark, the said declar ant, with several others, comeing from Lanark fair towards Carlouk, at Cartland on the high road, David Pinkerton and James Kairns came riding straight upon the declarant and his company, upon which the declarant went off the way. They call ing to hold off the way; the declarant said The way is broad enough, hold off, folk: upon which James Kairns turned back the breadeth of one house, and then, haveing a drawen sword or shable in his hand (with blood upon it), came straight upon the declarant and cutt him upon the head, to the effusion of his blood, without any provoca tion. This was done about half ane hour before sunset," &c.

"John Lightbodie in Belstaintown, &c. declares conform to the said Thomas Brownlie, with this variation, that James Kairns said—Know ye whom yow speak to? James Kairns will not be quarreled upon the road, -which he said, when none quarreled him further than to say, Ride off, folk."

Another witness declares, "That he had frequently seen Maxwell and Kairns in Bowridgemilne Kilne, with monly called gypsies and sorners, who took several others in company with them comhens and peats at pleasure also declares, that they had horses alongst with them, and the declarant was obliged to give them straw, for fear they had drawn his stacks or done other mischief to him," &c.

Another witness states, that the said "Maxwell, tinker, sorner, and Egyp ́ tian," with his gang, frequently took possession, without any leave asked or

given, of his out-houses; and that, "to prevent abuse in the country, he allowed them to take his peats," &c.It is mentioned by another person examined, that the same gang, passing by his house to Watstounhead kiln, sent in some of their number to him, asking for straw for their horses, "which he refused, until they said they would draw his stacks; upon which he gave them some bottles to prevent further danger."

John Ketter in Murdiston Walkmilne declared

“That upon the said fourth of November last, as he was coming from St Leonard's fair, David Pinkerton and James Kairns came riding up to the declarant, and said to him, Yield your purse; but afterwards they said it would do them little good, because he had said to them he had but a

crown. But Kairns' wife said the declarant was a damned villain-he had gold; and ordered to take it from him; but Kairns said, if the declarant would go to Carlouk, and give them a pynt and a gill, they would pardon him. And accordingly they came to Carlouk, to the house of James Walker there, where the declarant paied some ale and as he was goeing away, Pinkerton beat him for not giving them brandie."

John Whytefoord in Cartland, declared,

;

"That he saw Maxwell's son called the Merchant have a wallate, and as he thought, some ware in it, which he valued at twenty pound Scots, amongst which he had a short pistoll; and farder, that he saw James Whytefoord, constable, at the command of Captain Lockhart, Justice of Peace, take a naked baignet off the wall head of the house wherein they were lodged, which Maxwell younger, the merchant, called his father's; and that his father rolled the pans with it: and farder declares, that he saw them boyling flesh in poats while they were in the said house."

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After the examination of the foregoing witnesses, and a number of other persons who had been cited by order of the Justices of the Peace for Lanarkshire, to compear before them to give their declarations, what they know of these idle vagabonds, commonly called gypsies,' -a report follows from the said Court, enumerating the grievances suffered by the lieges from the oppressions and disorders of these audacious vagrants, and ordering the laws to be strictly enforced against them. It is particularly mentioned in this report, that a gypsey "of the name of Johnstoun, who, about nine years bypast, was guilty of a most horrid murder," but had escaped from VOL. I.

justice, had lately returned from abroad, and was then roaming about the country. This document bears

the date of March 11, 1725.

On referring to the Justiciary records, we find that in 1727, Robert Johnstoun, sone to John Johnstoun, gypsey, sturdy beggar, and vagabond, at that time prisoner in the tolbooth of Jedburgh, was indicted at the instance of his Majesty's Advocate, and at the instance of Marjory Young, relict of the deceased Alexander Faa, hecklemaker in Home, for the murder of the said Faa. In the evidence brought forward upon the trial, we find the following curious account of this savage transaction.

"John Henderson, feuar in Huntleywood, depones, that time and place libelled, Robert Johnston, pannel, and his father, came to Huntley-wood and possessed themselves of a cot-house belonging to the deponent; and that a little after, Alex. Fall, the defunct, came up to the door of the said house, and desired they would make open the door: that the door was standing a jarr, and the deponent saw Robert Johnston, pannel, in the inside of the door, and a fork in his hand, and saw him push over the door head at the said Alexander Fall,-and saw the grains of the fork strike Alexander Fall in the breast, and Alexander Fall comeing back from the door staggering came to a midding, and there he fell down and died immediately; and depones, that the distance of the midding from the house where he received the wound is about a penny-stone cast; and when Alexander Fall retyred from the house, he said to the rest, Retyre for your lives, for I have gott my death: Depones, he saw Robert Johnston, pannel, come out of the cott-house with the fork in his hand, and pass by Alexander Fall and the deponent; heard the pannell say, he had sticked the dog, and he would stick the whelps too; whereupon the pannell run after the defunct's sone with the fork

in his hand, into the house of George Carter: Depones, in a little while after the pannel had gone into George Carter's house, the deponent saw him running down a balk and a meadow; and in two hours after, saw him on horseback rideing away without his stockings or shoes, coat or cape."

Another witness swears, that"She heard Johnston say, "Where are the whelps that I may kill them too?"that the prisoner followed Alexander Fall's son into George Carter's house, and the deponent went thither after him, out of fear he should have done some harm to George Carter's wife or children; there saw the pannel, with the said fork, search beneath

a bed for Alexander Fall's sone, who had

hiden himself beyond the cradle; and then

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there being a cry given that Alexander Fall was dead, the pannel went away."

Johnston was sentenced to be hanged on 13th June 1727, but he escaped from prison. He was afterwards retaken; and in August 1728, the High Court of Justiciary at Edinburgh ordered his sentence to be put in exe

cution.

Upon comparing these statements with the traditionary account of the murder of Geordie Faa by Rob Johnstone, given in our second Number, page 161, the latter appears to be inaccurate in several points, and particularly in mentioning Jean Gordon as the wife of the murdered Faa. Johnston, it would seem, had contrived to elude the pursuit of justice for more than ten years, and after being taken and condemned, had again escaped from prison. If the story of Jean Gordon's having pursued a murderer beyond seas, and traced him from one country to another till he was finally secured, be at all connected with the case of Johnston, she may perhaps have been the mother of Sandie Faa, the person murdered. Her husband rather seems to have been Patrick Faa, mentioned at page 615. But as these bloody transactions appear to have beer, very frequent among this savage race in former times, it is not improbable that two stories may have been blended together in the popular tradition.

A few years after this, our heroine, Jean, appears to have been reduced to rather distressed circumstances; for in May 1732, we find that a petition was presented to the Circuit Court at Jedburgh, by Jean Gordon, commonly called The Dutchess, then prisoner in the tolbooth of Edinburgh; in which she states, that she is "now become an old and infirm woman, having been long in prison.” She concludes with requesting to be allowed "to take voluntar banishment upon herself, to depairt from Scotland never to return thereto."-We have little doubt that The Dutchess is no other than our old acquaintance, though we were not formerly acquainted with her title. It was probably during one of these periods of voluntar banishment,' that poor Jean encountered the Goodman of Lochside on the south side of the

Border.

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About a twelvemonth before the date of Jean Gordon's petition, we find that John Faa, William Faa,

John Faa, alias Falla, alias William. son, William Miller, Christian Stewart, Margaret Young, and Elizabeth alias Elspeth Anderson, were indicted at Jedburgh for the crimes of theft, and as habit and repute vagabonds or vagrant persons, sturdy beggars, sorners and gypsies. They all received sentence of death, except Miller, who was transported for life.*

A correspondent, who has very obligingly furnished us with several curious communications on the present subject, mentions, that in the combat at Lowrie's Den, described by Mr Hogg in a former Number, the wife of one of the parties assisted her husband by holding down his opponent till he despatched him by repeated stabs with a small knife. This virago, thinking the murderer was not mak ing quick enough work, called out to him, "Strike laigh! Strike laigh!

The same correspondent has lately sent us the following anecdote of Billy Marshall, derived, as he informs us, from 'Black Matthew Marshall,' grandson of the said chieftain:-" Marshall's

gang had long held possession of a large cove or cavern in the high grounds of Cairnmuir, in Galloway, where they usually deposited their plunder, and sometimes resided, secure from the officers of the law, as no one durst venture to molest the tribe in that retired subterraneous situation. It happened that two Highland pipers, strangers to the country, were travelling that way; and falling in by chance with this cove, they entered it, to

While printing this sheet the following notices have been transmitted to us from England :

"Simson, Arington, Fetherstone, Fenwicke, and Lanckaster, were hanged, being Egyptians."8 Aug. 1592.

St Nicholas Par. Register, Durham "Francis Heron, king of ye Faws, buried

13 Jan. 1756."

Jarrow Register, Co. Durham.

A late communication from another gentleman in the North of England enables us to correct a slight inaccuracy in our First Number, respecting the death of Jamie Allan, the famous Northumbrian piper, who it appears did not die, as we supposed, in Morpeth jail; but after being condema ed at the Durham assizes, in August 1803, for horse-stealing, was reprieved, and reon the 28th August 1806 died, and ceived his Majesty's pardon in 1804; and buried in the parish church of St Nicholas, in the city of Durham."

shepherd's garden. Without leaving him any time for speculation, however, the knight of the curtain bolted forth upon him, and seizing his horse by the bridle, demanded his money. Mr Leck, though it was now dusk, at once recognized the gruff voice and the great black burly head of his next door neighbour, Gleid-neckit Will, the gypsey chief." Dear me, William,' said the minister in his usual quiet manner, can this be you? Ye're surely no serious wi' me?-Ye wadna sae far wrang your character for a good neighbour for the bit trifle I hae to gie, William ?" Lord saif us, Mr Leck!" said Will, quitting the rein, and lifting his hat with great respect, "whae wad hae thought o' meeting you out owre here-away?-Ye needna gripe for ony siller to me-I wadna touch a plack o' your gear, nor a hair

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shelter themselves from the weather, and resolved to rest there during the night. They found pretty good quarters, but observed some very suspicious furniture in the cove, which indicated the profession and character of its absent inhabitants. They had not remained long, till they were alarmed by the voices of a numerous band advancing to its entrance. The pipers expected nothing but death from the ruthless gypsies. One of them, however, being a man of some presence of mind, called to his neighbour instantly to fill his bags' (doing the same himself), and to strike up a pibroch with all his night and main. Both pipes accordingly at once commenced a most tremendous onset, the cove with all its echoes pealing back the Fibroch of Donuil Dhu, or such like. At this very unexpected and terrific reception, the yelling of the bagpipes, is-o your head, for a' the gowd o' Tivisuing from the bowels of the earth, just at the moment the gypsies entered the cove, Billy Marshall, with all his band, precipitately fled in the greatest consternation, and from that night never again would go near their favourite haunt, believing that the blasts they had heard proceeded from the devil or some of his agents. The pipers next morning prosecuted their journey in safety, carrying with them the spolia optima of the redoubted Billy and the clan Marshall."

The following anecdote of another noted leader is communicated by an individual, who had frequently heard it related by the reverend person chiefly concerned :

"The late Mr Leck, minister of Yetholm, happened to be riding home one evening from a visit over in Northumberland, when finding himself like to be benighted, for the sake of a near cut, he struck into a wild solitary track, or drove-road, across the fells, by a place called The Staw. In one of the derne places through which this path led him, there stood an old deserted shepherd's house, which, of course, was reputed to be haunted. The minister, though little apt to be alarmed by such reports, was however somewhat startled, on observing, as he approached close to the cottage, a grim visage' staring out past a windowclaith, or sort of curtain, which had been fastened up to supply the place of a door, and also several dusky figures' skulking among the bourtree bushes that had once sheltered the

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dale.-I ken ye'll no do us an ill turn for this mistak-and I'll e'en see ye safe through the eirie Staw-it's no reckoned a very canny bit mair ways nor ane; but I wat weel ye'll no be feared for the dead, and I'll tak care o' the living."-Will accordingly gave his reverend friend a safe convoy through the haunted pass, and, notwithstanding this ugly mistake, continued ever after an inoffensive and obliging neighbour to the minister,who on his part observed a prudent and inviolable secrecy on the subject of this rencounter during the life-time of Gleid-neckit Will."

The following story contains perhaps nothing very remarkable in itself, or characteristic of the gypsey race; but it seems worthy of being inserted, from other considerations:-Tam Gordon, the late captain of the Spittal gypsies, and a very notorious and desperate character, had been in the habit of stealing sheep from the flocks of Mr Abram Logan, farmer at Lammerton, in the east of Berwickshire. Numbers having successively disappeared, Mr Logan and the shepherd sat up one night to watch for the thief; and about midnight, Tam and his son-inlaw, Ananias Faa, coming for their accustomed prey, the farmer and his servant sprung up and seized them. Abram Logan, a stout active man, had grappled with the elder gypsey, while the shepherd secured the other;-the ruffian instantly drew a large knife, used for killing sheep, and made repeated attempts to stab him

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