Border Papers volume 2: September 1598

990. Muster of Gilsland. [Sept. 5.]

Muster taken at Brampton, 5 September, 40 Elizabeth, before John Musgrave land sergeant of Gillesland.

Comwhitton—Horses sufficient 9, insufficient 6, absent 2; nags sufficient 6, insufficient 3, absent 1; footmen 17; the Scots' spoils there 200l. and above.

Hayton—Not mustered "for the infection." The Scots' spoils there, 600l. and above.

Cumrewe—Sufficient 4, not sufficient 27; footmen 8; all spoiled by the Scots.

Castle carrock—None appeared. Likewise spoiled.

Talkyn—Sufficient 8, not sufficient 4; footmen 8. "Spoyled."

Denton—Sufficient 5, not sufficient 30; footmen, 1. "Spoyled."

Over Denton—Sufficient 2, not sufficient 16; footmen 5. Spoiled.

Brampton—Sufficient horse 6, not sufficient 17; nags, sufficient 6, not sufficient 20; footmen 10.

Irthington—Sufficient 2, not sufficient 26; footmen 16.

Lyversdale—"None appeared. Spoiled and burned by the Scottes."

Askerton—"Richard Grame als Langtowne, came not. All the rest of the tenantes are heryed and gone."

Leasehill—Sufficient 3, not sufficient 7.

Collingbancke—"Thre tenantes there all wayst."

Bowthrelbancke—"The tenantes there have never one horse."

Dallerlyne—"Never one horse there."

Fawcett Lease—"Fower tenantes neither horse nor other thinge."

Kirbeck Moore—"Fyve tenantes all wayst."

Jobs Clewghe—"All wayst," Jenkyn Foster, Alexander and Isabell Foster, "wayst."

Florihurst—Christofer Foster, sufficient, Arche Foster, not sufficient.

Allergarth—"All wayst."

Oxclose—"All wayst."

Chrakropp—"Three tenantes, sufficient."

Goeman Forde, Darman Steade, Bulman Stead, Sowter Moore, Harperhill, and Luckens—All waste.

Spayd adam—Footmen 8.

Walton—Sufficient 4, not sufficient 4; footmen 4.

Tryermayne—Sufficient 3, not sufficient 32; footmen 5.

Farlam—Sufficient 7, not sufficient 12; footmen 7.

On this view there were not 5 horses found worth 5l. a piece.

The Carletons have all the Queen's houses of strength in Gilsland in their hands and placed divers Scots in them. Thomas Carleton has Askerton house, demeane and mill; Tryermayne house and demeane, and mill called the Hole mill, Farlam hall and demeane; Templegarth house and half of the low forest, the Leyes hill, certain tenements called the Quarrell, three tenements at Lannerton, and other mills "which I cannot nowe name." Lancellott Carleton has Naworth castle demeane and parke, Brampton foot hall, Brampton park, Brigwood park and the demeane of Brampton; the Tarne house and half of the forest; Netherton house and mill, Denton hall and mill, "besydes dyvers percells of poore mens groundes, which he haith layd to them."

These are the several fees of the land sergeant ship of Gilsland, as may appear to your honor by the bailiffs' certificate.—The house demeane and mill of Askerton with appurtenances; one place called Walton wood: another place called Clousgilholme, of the rent of 17s. 8d.; 10 days' work of "medowe" called "Robin Hood buttes" within the forest. The appointing of the bailiff of Askerton and a farme hold thereto belonging; 20 nobles' fee, with certain oats, and fee called "Foster fee." Also felon's goods happening within the office.

1 p. Double broad sheet. Indorsed by Cecil's clerk: "1598 v. September. The muster of Gilsland by the land sergeant John Musgrave."

991. Scrope to Cecil. [Sept. 5.]

The great favours which I always found with your most honorable late father, cause me to "wayle" his loss, and as I had a true feeling of sorrow for his departure, so I resolve not to bury with him my affection to his house. I particularly remember your last courtesy extended to John Musgrave about the land sergeantcy of Gillesland, which makes me desire occasion to express "how I am affectionat towardes you." I have appointed all the gentlemen to survey the present state of the country, and of the "poore office" of Gillesland, whose certificate shall be sent you shortly. There are factious heads daily inventing new "mischieves," but the truth is my sufficient shield, being assured by your means her Majesty in her "matchles wisedom" will not condemn me without just cause, or unheard.

Lord Willoughby has had many conferences with Sir Robert Carr. He is very wise and honorable and I hear by some very inward with him, that he intends Sir Robert to be his 'inteligencer" in Scotland: but a friend of good credit writeth to me from there, "that Sir Robert relateth all to the King, wherat both makes good sport." Baclughe is busy to be familiar with me, and makes great offers, which I answer with delays, yet being ever pressed to do him justice. He has written "even now" in behalf of the pledges, that I would accept their brethren and cousins instead, letting those in my custody depart; promising on his word, they shall be ready to re-enter on call. I answered I had contrary direction from her Majesty, and could not agree to his desire.

Yet I think if he would answer for all their friends who do us great mischief, "these sayde Liddisdaill pledges standing to noe use," her Majesty might favour him thereon, were it but for a time: "namely untill God withdrawinge this plague (greatly disperced and hott, wherby most of our people is dead, and divers of my men) the countrey were better stringthned." Signed: Th. Scroope. (fn. 1)

1½ pp. Holograph; also address. Indorsed. Wafer quartered signet (as before).

992. Trial by Sir Robert Kerr. [Sept. 9.]

"At Jedburgh the nynt day of September 1598 yeiris—the haill gentilmen and barrones being convenit be Schir Robert Ker wardane of the Middle Marche of Scotland at his Majesties commandement, hes tryed in this late attempt done at the huntinge, be the gentilmen that was present, and all other meanes they could find out as followis."—

First.—The lairds of Hundelie, Hunthill, Greneheid and Bonjeddart who "was speciallis" in the fields at the hunting, "testefeis" in presence of Sir Robert Ker and the other gentlemen, on their credits, that they intended nothing in their convening, "but their pastyme allanerlie in the accustumat forme that bothe is, and hes bene daylie practeisit on the borders on bothe sydes without memorie of anie unlawfull act to be done be theme or anie of theris, or yet as may be sinistrouslie consaitit to cum anie wayes neare to the boundes of the opposed cuntrie in contempt, but be the contrare bothe with the regarde that perteaned or hes bene usuall."

Secondly.—The above gentlemen in name of the rest, declare that they exceeded not three score, neither gentlemen nor the carriers of their "necessars," all in most peaceable sort, without armour or weapons, save as used in all times by hunters. They proceded thus—On Tuesday the 1^st of August, they began in Scotland "at one parte called the Leidbeittars uppone the heade of Kale watter, holdinge forewarde there cours throwe these waistes to obtene there game, as ever hes bene usuall: the gentlemen and these that had doggis takinge the partes most fitte for there sport, sum confusedlie (no other merche beinge but the watter fall of one hill) entered the Inglish syde to reserve cours, holding foreward on this sorte from the parte set doun to the head of the Halk Willies, where than they came to the head of the Cruked Cleuche to there denners in Scottis ground. And after nune using the verrie forme to nyght that they came to there palleouns at the Berrie steillis within Scotland, without anie question arysing or knawlege of miscontentment in the opposeittis." Next morning, Wednesday 2^d August, the gentlemen proceeded as before in sport still on the Scottish side, till they came to the "Foull wayes," where some "confusedlie" as they did before, entered the Inglish side, holding forward at their sport "till they reterit themselves to Grundisdame law within Scotland, never impedit, dischargit, nor fund falt with" by any, nor giving any cause of offence. And being there "to tak refreshment at oure denners, without anie knawlege "or premonition what they meanit, ther cam M^r Finnick and Harye Wodringtoun, who convenit the cuntries under there charges togidder to the nomber of four hundreth men; to whome they declared in oppin audience at Bewdope burnehead that it was there speciall wills that no man shuld tak or schaw favoure other then the worst to anie Ruderfurde, Frissell or Hall, under the pane of deathe. And if any Inglishman that wes ther, fand his fo or suche as he mislyked, besyd thir surnames, willed them to follow furthe there intentioun as in harte they war moved."

And so resolved they came to us there on Scottis ground, "boddin in jakis and speares in most warrelyk maner, and there in their furie chargit ws (being unpossible to be resisted be our fewnes of number and want of armour, and be the cairlesnes we had of oure selves) hopeing we war in suretie being so farre within our owne cuntrie: wherby we war forced (thir extremities considderit) to gif them our bakis." They chased us with "rigorous myndes" to Plenderlaith 4 miles within Scottish ground, "using there crueltye as they could kepe advantage"; as the slaughter of the underwritten manifests, besides hurting many others "uninsert," and likewise took and keep prisoners 12 or thereby of the gentlemen undermentioned. And took spoil 50 nags, besides that of the gentlemen and the "caryaris," and their "palyeons" to the sum which shall be particularly sworn.

The gentlemen slain—"Andro Rutherfurde brother to the Lairde of Hundelye will die, haveing present assurance be the want of his senssis, not speakinge nor seeinge. Robert Hoppringill servant to the Lairde of Bonjeddart, deid; James Robsone servand to the Lairde of Grenehead, deid."

The prisoners—"The Lairde of Greneheade younger; the Lairde of Bonjeddart younger; the Gudeman of the Towr; the Gudeman of Bullerwell; Alexander Mow burges of Jedburgh; Jhonne Murray brother to the schireff of Forrest; Robert Alesone, burges of Jedburgh; with sindrie others to the number foirsaid. Sic subscribitur: Hundallie, Thomas Rutherfurde appearand of Hunthill, Williame Douglas appearand of Bonjeddart."

2¾ pp. Copy in a Scottish hand. Indorsed in another: "Copy of the tryell takin be Schir Robert Ker anent the hunting."

(1) Another copy of same.

2¾ pp. Written by Cecil's clerk. Indorsed.

993. Willoughby to Cecil. [Sept. 10.]

Before I wrote of the difficulties wherein we required redress, I was not so idle, but had inquired how the old custom had been for our passing over at truces to the Scots, "and how before all others did so, and some paid dearely for doing so"—which, because I conceived an indignity, as of late happened to Sir William Bowes, I sought not for an example, but for the remedy. Since you refer me to the "antient order," I will make it better if I can, not worse. As to my receiving instruction from Sir William Bowes and my lord of Durham, as to the treaties unfinished by them and the complaints unredressed, I wrote only to excuse my own "unaptnes" for the burden, which they may sooner finish, than furnish me, "who am altogether unexperienced in illis rebus forensibus." But I shall be ready to add my poor labour if "yoked" with them, knowing myself "unable to draw alone."

Touching the fortifications: I wrote to my lords of the Council already, with a "plot" of the additions and reasons for them "as my best skill could yeld "; and lest they are out of the way, I send you "the like of the same." I would be loth to draw any charge on her Majesty, "and more loth if any tempest should happen in my time to be, than to loke a shilber." I but discharge my duty, and would "rather be than seme to be; and therefore as a bad setter forth of my occasyons and my selfe, I desire a frendly "assistance and favorable interpretation." Our news are uncertain: I was even now advertised of an intended bunting of Buccleuch, Carmichael and others in English ground; but these Scottish designs are "very frivolous oft." Sir Robert Carey on Tuesday next meets Cesford at Cocklaw—"God send it good issue." On same day I meet Lord Hume at Warke. Though the King is soundly inclined, these Borderers' humours "brandle mutch": I can enly surmise the success.

Having little else to trouble you, saving as I wrote to "daume" the fords, and fortify some to impeach incursions, "I shall with my paper (fn. 2) end my tediousnes." Berwick. Signed: P. Wyllughby.

I shall God willing, after my return send you a description of this East March with the river Tweed and the fords as they are and as I wish them: "but not to spend her Majesty a peny."

1 p. Holograph. Addressed. Indorsed: "x^mo Septembris. Lord Willoughby to my master, with plottes of some of the fortificationes at Barwyck and his reasones for the advancing of the same . . . Received the xiiij^th." Wax quartered seal as before.

Inclosed in the same:—(1) Reasons for advancing the fortifications of Berwick.

First—Her Majesty having spent so much "for a meere showe and opinion of a strong thinge," a little more would make it "in effect as it should be."

(2) As it is, "it is ridiculous to all passengers," who can easily "discerne" the defects: and the soldiers, if they come to any great action, will be in more danger within than without.

(3) It is also very subject to surprises by a few, especially the quarter next the sea, being "a weake old wall, of itself ready to fall, scaleable in a nomber of places, unflanked throughout": in my opinion it had need be the strongest place, seeing how a sudden surprising enemy from the sea may "daunger" the town, spoiling the Queen's store of artillery and munition no less if not more, than "land opposites."

(4) Besides if besieged, they might possess themselves of our haven, and so "bereave" us of our principal succour. Wherefore, after the ramparts already made, parapets and flankers to be finished.

I would wish "for the safety of the two choise portes to landward, ther weere added two ravelyns with ther pont levees as is described.

"Likewyseto Hunsdons mont one flank allongst the sea guard unfortyfied, a platforme and a bullwark att Masons tower to defend the haven."

It is irregular I confess, "but I am enforced thereunto by them that begonn the rest, and likewyse tying myself to take in the pallace and all the lowe towne, which in other projectes of fortyfication are left out, in my conceit very unpropperly. This I submytt to amendment, professing it as a soldiour, not an ingyner."

¾ p. Written by a clerk. Indorsed by Cecil's clerk.

(1) Bird's-eye view or plan of the fortifications of Berwick, showing bridge over Tweed borne on upright timber posts, the tower, town gates, &c.

Double sheet. Indorsed by Cecil's clerk: "1598 x^mo Sept. The defectes of the fortificacions betwene Megges mount and Hunsdones mount at Berewycke."

(2) A like view of the improvements suggested in Willoughby's letter.

1 p. Indorsed by Cecil's clerk: ". . . An alteracion to be made of some of the fortyficacions at Barwycke."

994. Sir R. Carey to Secretary Cecil. [Sept. 14. 1598.]

It pleased her Majesty to command Sir John Fortescue to send warrant to M^r Edward Gray to resign, the castle of Morpeth to me as her warden: on receipt whereof, he not only made light of it as insufficient, but has presently posted up, making account by his friends to persuade the Queen to recall her former grant. Which if he can do (by my certainty of the common bruit of the country thereof), I shall think myself, and be adjudged by common belief, most unfit for this place, after so great a disgrace. I beseech your friendship and favour herein if it come in question. Woodrington. Signed: Ro. Carey.

¾ p. Addressed. Indorsed. Wafer signet; indistinct.

995. The Archbishop of York to Cecil. [Sept. 18.]

Yesterday I received from M^r Henry Leigh deputy warden of the West Marches, 3 Scottish hostages, viz., William Ellwood of Clintwood, Simon Armestrong of Whitaugh, and William Ellwood the younger of Dinleybyer—a boy about 12 years of age, and have delivered them to be kept with the others in York castle, as directed. I hear there are yet 2 behind, who when they come, shall be so disposed of. York. Signed: Matth. Ebor.

½ p. Addressed. Indorsed.

996. Willoughby to Cecil. [Sept. 20.]

Signifying that though he has twice written to the Mayor and corporation of Hull for restitution of certain goods "reft" by one Fyerborne a Scotsman now in prison there from a servant of the King of Scots, who has earnestly written to himself thereon for redress, he can get no attention paid; requesting that some speedy order be sent by the Council to the Mayor to deliver up the goods so withheld, that he may satisfy Border justice. Berwick. Signed: P. Wyllughby.

½ p. Addressed. Indorsed.

997. Scrope to Cecil. [Sept. 20.]

According to the Queen's warrant and your direction for placing John Musgrave of Plumpton into the office of land sergeant of Gillesland, and fees, &c., I showed Thomas Carle ton her letters signifying her pleasure. But he refuses to give peaceable possession either of the house, demesne or mills of Askerton, till he hear further of the Queen's pleasure, saying he has a lease of them, and the Queen has promised his enjoyment of the full terra. Wherein I earnestly crave your direction whether to deal by force or otherwise: for while it so stands, disorders there cannot be reformed, as certain Scotsmen Carleton's "kinred" inhabit there, always doing mischief. I think either your own or the Council's letter to them, would make them yield.

I am told that Francis Dacre has secret access in England: for on the 10^th instant he was seen on "Burgh-sands"; but where he had been, or with whom he spake, I cannot certainly know. If it be her Majesty's pleasure, I doubt not ere long to find means to apprehend him. "He is so poore that he is glad to receave reliefe at any hand." Brackenhill met him that same day, whether of purpose or chance is not known. Signed: Th. Scroope.

1 p. Holograph; also address. Indorsed.

998. Sir R. Carey to Cecil. [Sept. 22. 1598.]

On the 12^th instant there was a meeting appointed betwixt Sir Robert Ker and myself at Fyerburn mill hard by Warke castle; when we both came to the place, but met not, by reason he would have had me come over the water into Scotland, which I refused, except he would meet me in the "mydstreame." So we broke off appointing a new meeting on the 19^th hereof at the Cocklaw, which is a dry march. There also we differed, for he would have me come into Scotland, which I refused unless he would come to the very march to fetch me: so that there was no likelihood of our meeting at that time likewise. My reason for standing more strictly on these points, was certain proud words uttered by certain Scots gentlemen that he sent over to me to take assurance—which were as follows: "That England dyd one that duty and obedyence to Scotland to come over into Scotland to them at all metings upon the Borders"—to which I took exception, telling them I would not refuse to do as other wardens did before me, viz., to meet always at the March, and so go over into Scotland and end our business there. But I utterly refused to enter and acknowledge any duty or obedience to Scotland, and said I would inform the Queen my mistress of their unseemly words, and if it were her pleasure to yield, I would obey her commands. Wherefore I pray you to acquaint her Majesty and signify her pleasure against our next meeting. When I was ready to leave the field, he sent a gentleman to request me to order my company not to "stur," as he had done to his, and he would come into England himself, and meet me a mile from either company on a "highe fell," where we should confer by ourselves. I willingly agreed, and met him "not any man neare us by a long myle," when we had a long conference on the last hunting, and it was agreed to refer it to the princes to dispose of at their pleasure.

That ended, I was "earnest with him" to have a good course of justice for the Borders, but "found him nothing forward, for he made dout that his power and abylytye wold fall out not to be answerable to the wyllingnesse of his mynd, alledging that he never had fee of the King for his mayntenance," nor means to maintain his authority, but by his own friends his chiefest strength. Of this the pledges at York are a great part; and unless they are freed, the rest of their friends will utterly refuse obedience, and wanting them, "he can but do as he may, not as he wold." I saw by his manner that unless his pledges are freed, he could not do as I required. So we parted, with this farewell: "that such justyce as I receaved, I wold do the lyke. This man was never put to that extremytye that he ys now at, for he hath behaved himself so well in Scotland, that he is beloved of none of the borderers except of such as he maynetayneth in doing myscheife: for Bauclugh ys his mortall enemy, and Fernherst and Bunjedworth (two of the cheifest men within his Marche, and of as great commaund as himselfe, except th'authorytye of his offyce) do both deadlye hate him; all which wyll do me justyce in spyte of his teeth—I thinke so much the rather bycause they know yt wyll be an offence to him; for except he releive his pledges, his credyt wyll be so crackt, as yt ys thought he wyll leave his offyce very shortlye, not being able to accomplyshe his desyre without them. And then be sure he wyll underhand, do what myscheife he can agaynst this chardge of myne." Signed: Ro. Carey.

1½ pp. Addressed. Indorsed. Wafer seal: indistinct.