Lord Nithisdale, in common with the other members of what was now termed the Jacobite Association, had been diligently preparing the contest. Meetings of the Association had been frequent, and even public. The finest horses had been bought up at any cost, with saddles and accoutrements, and numbers of horse-shoes. Many country gentlemen, who were in the habit of keeping only two or three saddle-horses at a time, now collected double the number; and a suspicion prevailed that it was the intention of some, who were Jacobites, to mount a troop. But no seizure had been made of their property in the last reign, there being few justices of the peace in Dumfriesshire, nominated by Queen Anne, who were not in the service of the Chevalier.[11] Trained bands were, however, soon raised by the well-affected gentry of the county for the protection of the neighbourhood; and Nithisdale was traversed by armed bands,--Closeburn House, then the residence of Sir Thomas Kirkpatrick,[12] being a frequent point of union for the friends of the Hanoverian interests to assemble.[13] At Trepons, in the upper part of Nithisdale, was the first blood drawn that was shed in this disastrous quarrel, Mr. Bell of Nimsea, a Jacobite gentleman, being there shot through the leg by one of the guards, on his refusing to obey orders.[14] The occurrence was typical of the remorseless cruelty which was afterwards exhibited towards the brave but unfortunate insurgents. By a clause in the act "for encouraging loyalty in Scotland," passed on the thirtieth of August, power was given to the authorities to summon to Edinburgh all the heads of the Jacobite clans, and other suspected persons, by a certain day, to find bail for their good conduct. Among the long list of persons who were thus cited to appear, was the Earl of Nithisdale. Upon his non-appearance, he was, with the rest, denounced, and declared a rebel.[15] This citation was followed by an outbreak on the part of Lord Kenmure and his followers, simultaneous to that on which the Northumberland Jacobites had decided. And the borders now became the chief haunts of the insurgents, who continued moving from place to place, and from house to house, in order to ripen the scheme which involved, as they considered, their dearest interests.