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drew a picture of these banditti about a century ago, which my readers will peruse with astonishment:--

‘There are at this day in Scotland (besides a great many poor families very meanly provided for by the church boxes, with others who, by living on bad food, fall into various diseases) two hundred thousand people begging from door to door. These are not only no way advantageous, but a very grievous burden to so poor a country. And though the number of them be perhaps double to what it was formerly, by reason of this present great distress, yet in all times there have been about one hundred thousand of those vagabonds, who have lived without any regard or subjection either to the laws of the land or even those of God and nature . . . No magistrate could ever discover, or be informed, which way one in a hundred of these wretches died, or that ever they were baptized. Many murders have been discovered among them; and they are not only a most unspeakable oppression to poor tenants (who, if they give not bread or some kind of provision to perhaps forty such villains in one day, are sure to be insulted by them), but they rob many poor people who live in houses distant from any neighbourhood. In years of plenty, many thousands of them meet together in the mountains, where they feast and riot for many days; and at country weddings, markets, burials, and other the like public occasions, they are to be seen, both man and woman, perpetually drunk, cursing, blaspheming, and fighting together.’

Notwithstanding the deplorable picture presented in this extract, and which Fletcher himself, though the energetic and eloquent friend of freedom, saw no better mode of correcting than by introducing a system of domestic slavery, the progress of time, and increase both of the means of life and of the power of the laws, gradually reduced this dreadful evil within more narrow bounds. The tribes of gipsies, jockies, or cairds--for by all these denominations such banditti were known--became few in number, and many were entirely rooted out. Still, however, a sufficient number remained to give, occasional alarm and constant vexation. Some rude handicrafts were entirely resigned to these itinerants, particularly the art of trencher-making, of manufacturing horn-spoons, and the whole mystery of the tinker. To these they added a petty trade in the coarse sorts of earthenware. Such were their ostensible means of livelihood. Each tribe had usually some fixed place of rendezvous, which they occasionally occupied and considered as their standing camp, and in the vicinity of which they generally abstained from depredation. They had even talents and accomplishments, which made them occasionally useful and entertaining. Many cultivated music with success; and the favourite fiddler or piper of a district was often to be found in a gipsy town. They understood all out-of-door sports, especially otter-hunting, fishing, or finding game. They bred the best and boldest terriers, and sometimes had good pointers for sale. In winter the women told fortunes, the men showed tricks of legerdemain; and these accomplishments often helped to while away a weary or stormy evening in the circle of the ‘farmer’s ha’.’ The wildness of their character, and the indomitable pride with which they despised all regular labour, commanded a certain awe, which was not diminished by the consideration that these strollers were a vindictive race, and were restrained by no check, either of fear or conscience, from taking desperate vengeance upon those who had offended them. These tribes were, in short, the pariahs of Scotland, living like wild Indians among European settlers, and, like them, judged of rather by their own customs, habits, and opinions, than as if they had been members of the civilised part of the community. Some hordes of them yet remain, chiefly in such situations as afford a ready escape either into a waste country or into another Jurisdiction. Nor are the features of their character much softened. Their numbers, however, are so greatly diminished that, instead of one hundred thousand, as calculated by Fletcher, it would now perhaps be impossible to collect above five hundred throughout all Scotland.

A tribe of these itinerants, to whom Meg Merrilies appertained, had long been as stationary as their habits permitted in a glen upon the estate of Ellangowan. They had there erected a few huts, which they denominated their ‘city of refuge,’ and where, when not absent on excursions, they harboured unmolested, as the crows that roosted in the old ash-trees around them. They had been such long occupants that they were considered in some degree as proprietors of the wretched shealings which they inhabited. This protection they were said anciently to have repaid by service to the Laird in war, or more frequently, by infesting or plundering the lands of those neighbouring barons with whom he chanced to be at feud. Latterly their services were of a more pacific nature. The women spun mittens for the lady, and knitted boot-hose for the Laird, which were annually presented at Christmas with great form. The aged sibyls blessed the bridal bed of the Laird when he married, and the cradle of the heir when born. The men repaired her ladyship’s cracked china, and assisted the Laird in his sporting parties, wormed his dogs, and cut the ears of his terrier puppies. The children gathered nuts in the woods, and cranberries in the moss, and mushrooms on the pastures, for tribute to the Place. These acts of voluntary service, and acknowledgments of dependence, were rewarded by protection on some occasions, connivance on others, and broken victuals, ale, and brandy when circumstances called for a display of generosity; and this mutual intercourse of good offices, which had been carried on for at least two centuries, rendered the inhabitants of Derncleugh a kind of privileged retainers upon the estate of Ellangowan. ‘The knaves’ were the Laird’s ‘exceeding good friends’; and he would have deemed himself very ill used if his countenance could not now and then have borne them out against the law of the country and the local magistrate. But this friendly union was soon to be dissolved.

The community of Derncleugh, who cared for no rogues but their own, were wholly without alarm at the severity of the Justice’s proceedings towards other itinerants. They had no doubt that he determined to suffer no mendicants or strollers in the country but what resided on his own property, and practised their trade by his immediate permission, implied or expressed. Nor was Mr. Bertram in a hurry to exert his newly-acquired authority at the expense of these old settlers. But he was driven on by circumstances.

At the quarter-sessions our new Justice was publicly upbraided by a gentleman of the opposite party in county politics, that, while he affected a great zeal for the public police, and seemed ambitious of the fame of an active magistrate, he fostered a tribe of the greatest rogues in the country, and permitted them to harbour within a mile of the house of Ellangowan. To this there was no reply, for the fact was too evident and well known. The Laird digested the taunt as he best could, and in his way home amused himself with speculations on the easiest method of ridding himself of these vagrants, who brought a stain upon his fair fame as a magistrate. Just as he had resolved to take the first opportunity of quarrelling with the pariahs of Derncleugh, a cause of provocation presented itself.

Since our friend’s advancement to be a conservator of the peace, he had caused the gate at the head of his avenue, which formerly, having only one hinge, remained at all times hospitably open--he had caused this gate, I say, to be newly hung and handsomely painted. He had also shut up with paling, curiously twisted with furze, certain holes in the fences adjoining, through which the gipsy boys used to scramble into the plantations to gather birds’ nests, the seniors of the village to make a short cut from one point to another, and the lads and lasses for evening rendezvous--all without offence taken or leave asked. But these halcyon

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