Elizabeth: October 1560, 1-5

Pages 327-334

Calendar of State Papers Foreign: Elizabeth, Volume 3, 1560-1561. Originally published by Her Majesty's Stationery Office, London, 1865.

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October 1560, 1-5

Oct. 1. 593. Mary, Queen of France, to the Queen.
Asks for passports for George Lord Seaton, with twelve persons, to pass from France through England to Scotland, and back again. —St. Germain, 1 Oct. 1560. Signed: [y]our darrest suster and cusignace Marie.
Orig. Add. Endd. Broadside.
Oct. 1. 594. Ancient Statutes of the Town and Castle of Berwick. (fn. 1)
1. Soldiers not having taken the oath to forfeit their wages.
2. Full returns of retinues to be made.
3. Traitors and conspirators to be punished as such.
4. Stealers and receivers of the Queen's ordnance and stores to suffer death.
5. Intercommuning with the Scots and encouraging desertion to be taken as treason.
6. Persons indicted for felony or treason to be put into bail during the Queen's pleasure.
7. Annoying Scots or other aliens having the Queen's safe conduct to be punishable.
Oct. 1. Orders for Berwick. 8. Affrays at any of the gates or the watch hill to be punished with death.
9. Any going from the walls after the watchword is given to suffer death.
10. Sentinels suffering searchers to pass between them and the battlements without first giving the watchword to be imprisoned and fined.
11. Soldiers absent without licence to lose double wages.
12. Soldiers doing duty as scourers to be responsible for any horses lost.
13. Clerks of the watch are to see the watch of the walls truly guarded.
14. The clerks are to appoint soldiers to watch and ward indifferently without affection.
15. The clerks are to withdraw pleas to the Queen's hindrance.
16. Soldiers withstanding the tipped staff to be punished.
17. The yeoman porters to give diligent attendance at the gates.
18. If they shut not the gates and wickets duly, and deliver not up the keys, they are to suffer death, and the master porter to be imprisoned during the Queen's pleasure.
19. They shall not suffer Scots or other aliens to enter the town without licence.
20. Taking bribes at the gates shall be punished with a fine of fourfold the bribe.
21. The gates shall be shut at every alarm, and all carts with fodder, straw, etc. to be searched under pain of death.
22. Counterfeiting the keys of the gates and storehouses punishable with death.
23. Prisoners to be ransomed openly, that the captain may not lose his thirds, under pain of forfeiture of goods.
24. Prisoners not to be killed or to go into the streets without guard.
25. No soldier to use any vile occupation, as fishing.
26. Every soldier to wear a jacket of the Queen's colours, white and green.
27. No soldier to use dice or cards for money except within the twenty days of Christmas, or else at any of the gates of the town, or within the watch-houses, market-place, or Tolbooth, under pain of three days imprisonment, and the stakes to be forfeited to the Queen's bridge at Berwick.
28. No cur dogs to be kept over the feast of the Exaltation of the Holy Cross next coming, no greyhounds or spaniels to be in the streets except they be "hardled or led in leashes or lyans;" for the third offence both master and dog shall be put out of the town. No dogs shall be in the streets at night.
29. The great ordnance to be safely kept.
30. No person to be retained to the ordnance "till he be habled by the captain."
31. Watchers neglecting to give warning of every ship and person coming within sight to have their heads struck off at the market cross.
32. Embezzling the ordnance stores to be punished with death.
33. Horsemen and archers to have horses and all furniture of their own without borrowing.
34. No soldier to steal any weapons upon pain of imprisonment and banishment.
35. No livery or cognizance to be worn but the Queen's.
36. No soldier to be in the streets without a bill or axe.
37. No soldier to mow any grass in the bounds.
38. The quartermasters of booty, etc. to do their duty.
39. Soldiers "hosteying" upon the Queen's enemies, and not defensibly arrayed, to have but child's part of booty, and to lose their horse and arms.
40. No enterprise to be made upon the enemy unless the captain first be made privy to it.
41. Searchers not diligently doing their duty to be put out of wages.
42. Every watcher found asleep, for the third offence, or warning his fellow who is asleep of the approach of the searchers, for the second offence, as well the sleeper as the escrier, both to be put over where they made the said default, and set in baskets, and a can of drink in their hands, and there he or they to tarry unto the time the rope be cut, and so to redeem themselves.
43. Whoso has the rule of the watch-bell, if he come not to the church and strike a general larum as cause shall require, shall suffer death.
44. No Scottish born person to be of the garrison on pain of death.
45. The scout-watch to do their duty.
46. The constables to do their duty.
47. Soldiers of the relief to be attendant upon the captain.
48. No soldier to come on the town wall suspiciously by night without the watchword.
49. No Englishman may lead a stranger on the walls under pain of loss of goods and banishment, and if by night to be taken as a traitor.
50. None may go over the town walls, or measure the depth or breadth thereof deceitfully, or cast any stores or filth into the ditches. Signed by the Queen the 1st Oct., 2nd Eliz.
Copy. Pp. 8.
Oct. 1. 595. New Orders for the Town of Berwick.
"New orders for the town of Berwick and the garrison of the same;" to be observed until the fortifications are fully finished and a garrison established there.
1. The ancient order to stand, saving where it contains any article contrary to these.
2. The church being now desolated, shall be repaired, and the Governor and officers shall attend divine service on holidays and Sundays.
3. Services are to be held on Wednesdays and Fridays, so that every soldier may attend at least once in fourteen or twenty-one days.
4. Sermons shall be preached at least once every month, when all who can be spared from their duty are to attend under pain of forfeiting three days' wages.
5. List of particular Councillors of Berwick.
6. Forms of oaths to be administered to the Governor, Marshal, Treasurer, porter, clerk of the check, captains and common soldiers.
7. No soldier to have any freehold in the town or exercise any handicraft, save that of maker of instruments of war.
8. No soldier to take double wages, except for task work on the fortifications.
9. Fornication forbidden under pain of banishment.
10. Twenty days imprisonment and loss of pay for making frays and combats.
11. Combats for trials of titles prohibited upon pain of banishment and loss of pay.
12. Mutineers to be esteemed as rebels.
13. None to play at dice by night except he be of the Council, under pain of four days imprisonment.
14. No person shall walk abroad after 10 o'clock in the summer and 8 in the winter, or whistle, sing, or shout after the said hours.
15. Not more than a twentieth part of the garrison to be absent at the same time.
16. None to be absent above forty days in the year, save for sickness.
17. Captains to be appointed by the Governor.
18. No soldier to be discharged without the consent of the Governor.
19. Neither shall gunners of great ordnance be discharged, but as before.
20. Touching the order of the pay.
21. Stuff and instruments of surgeons to be viewed.
22. No soldier on being discharged is to take away useful armour.
23. Pensioners to be reduced to fifty-six and no more.
24. The Governor and Council to distribute the bands into quarters of the town.
25. Allowance of powder for the harquebusses for practice
26. The eight constables to be reduced to four.
27. Soldiers to watch and ward after the ancient manner.
28. A perfect muster of the bands to be held every quarter, all to be suitably equipped and none under 16 years of age.
29. No flesh to be eaten on the fast days, on pain of four to six days imprisonment; and if by a soldier, he shall forfeit a month's pay or twenty days imprisonment on bread and water
30. The Governor and Council may make further necessary rules.
Copy, with additions by Cecil and dated by him: 29 Sept. 1560. Pp. 19.
[Oct. 1.] 596. Fair copy of the above, prior to the additions made by Cecil in the copy last mentioned, and omitting portions at the end.
Endd. Pp. 17.
[Oct. 1.] 597. Draft of the above, with corrections and additions by Cecil.
Pp. 21.
Oct. 1. 598. The Earl of Arran to Cecil.
Albeit he has written to him from Edinburgh with the Laird of Lethington, yet having occasion, now being in the west, to meet with the Earl of Glencairn, he desires Cecil to accept the said Laird as his assured friend, to whom he has been always "addetted" for his good will, both in times past and now.—Glasgow, 1 Oct. 1560. Signed: James Hamilton.
Orig. Hol. Add. Endd. by Cecil's secretary. Pp. 2.
Oct. 1. 599. Leek to Cecil.
Recommends as clerk of the check and reports George Dyve, a cousin of Lord Grey, who is at present clerk of Mr. Somerset's band.—The castle of Berwick, 1 Oct. Signed.
Orig. Add. Endd. by Cecil's secretary: 1 Oct. 1560. Pp. 2.
Oct. 2. 600. Leek to Cecil.
1. As the Queen has liberally increased to a certainty the entertainment of the Marshal, Treasurer, and gentleman porter, he wishes that she would call every of them by her special letters to employ their entertainment in keeping good houses in the town.
2. Considering the great authority of the Marshal, his entertainment should be as follows; he is allowed twenty-four horsemen at 6l. 13s. 4d. apiece, which will not find meat for a horse in Berwick, where it is dearer than anywhere else, so that he must either have great possessions of his own, or be unable to keep that number. Also, considering that he ought always to be ready to serve upon a sudden, it were meet that his band should be discharged of their watch and scourage, and whereas the great retinue is increased from thirty-two footmen to forty-two, he thinks it meet that ten should be appointed to the Marshal, four for tipstaves, two to keep his prison, and the rest for his household. As in the book there are no tipstaves named, he desires to know whether the two clerks of the watch shall act as such, whom, however, he does not think fit for that office.
3. The Treasurer and gentleman porter having written to Cecil to be discharged from watch and scourage, he thinks as their charge is always to be in the town that their retinue should be footmen. There being no mention in the book of the four serjeants appointed to the Mayor, or of his household servant, yesterday the writer declared to him his allowance for the mayoralty, who showed a confirmation of the charter of Berwick in the twenty-fourth year of Henry VIII., which he read, but found no mention of the Mayor's household servant; and every of the four serjeants should have 5l. 6s. 8d. by the year. Since the grant of the benevolence they have taken 2d. per day besides. The Mayor said that both he and his predecessor had of long time been allowed a servant by courtesy of the Captain.
4. The eight constables make request that they may each of them have a servant allowed in the great retinue at the pay of horsemen, which is presently allowed; indeed there is some consideration to be used towards them, for every night one of them searches the stand watch, and at every journey two warn the garrison and ride themselves. The master of the ordnance has two men allowed him by his patent, one at 6d. by the day, the other at 6l. 13s. 4d. per ann., which are counted amongst the thirty ordinary gunners; and the master mason and master carpenter and the two clerks of the watch have every of them a man allowed in wages by their patent at 6l. by the year as a horseman; and yet, notwithstanding their allowance, Leek is certain they have had the commodity of the benevolence money yearly. Thinks that the master mason and carpenter should have their allowance as workmen, and not as soldiers.
5. Finds every captain and officer very willing to the allowance for a preacher, if it had been much greater; therefore he desires there may be no delay in sending the discreet persons to whom the allowance is appointed, and such care taken in their choice that their discreet ordered lives may be as well an example as their doctrine. Cecil may perhaps marvel to hear that every holiday in the church are sung sundry psalms and prayers only by gentlemen and soldiers, and the most part gentlemen, such fruit has followed of the little abode which the Dean of Durham and good Mr. Sampson made. Berwick has become a civil town, almost void of vices. Hopes that the soldiers sent hence do not infect the realm now that they have purged Berwick.
6. There are allowed of the extraordinary but two surgeons "and all the pays of phyffes hereafter not to be allowed." Has herein conferred with the captains, who desire him to signify the great loss of good soldiers at Leith by uncunning surgeons, and which must of reason follow hereafter if those well experienced are cassed.—Berwick, 2 Oct. Signed.
Orig. Add., with a few marginal notes by Cecil and endd. by his secretary. Pp. 4.
[Oct. 2.] 601. Ingleby to Cecil.
By the Queen's orders he is allowed twenty horsemen, who he desires may be discharged from watch and scourage.— Berwick, 2 Oct. Signed.
Orig. Endd. by Cecil's secretary: 2 Oct. 1560. Pp. 2.
Oct. 2. 602. John Selbe to Cecil.
Being allowed fourteen footmen, whereof eight are always employed to open and make fast the locks of the gates of Berwick, and give their attendance from morning till the closing of the gates at night, he desires that they may be excused from watch and scourage, considering the charge that they will be at to hire it, their wages being 5l. 6s. 8d.— Berwick, 2 Oct. Signed.
Orig. Add. Endd. Pp. 2.
Oct. 3. 603. The Marquis of Winchester to Cecil.
Since Cecil's departing from London the writer has conferred with Brown for the Queen's causes in Berwick, and they have drawn certain remembrances, which they think best to be done there, which he sends for Cecil's correction.—3 Oct. 1560. Signed.
Orig. Add. Endd. by Cecil: Brown, Mr. Abyngton. Pp. 2.
[Oct. 3.] 604. Things to be done at Berwick.
1. The charge newly set forth for Berwick and the Isles to begin at Michaelmas 1560, 22,622l. 19s. 2d., whereof the quarter pay is 5,656l. 4s. 9d.
2. The wages of the workmen cannot be known without the muster.
3. The ready money of Abington must be taken, and also his account.
4. The state of the housing and implements.
5. The Treasurer to close his payments and make deliverance of his ready money to the new Treasurer.
6. Both these accounts and those of the musters of the ordnance and customs, and of the works of Berwick, to be taken by Mr. Brown.
7. There is a commission in making for the survey of Berwick and all the town and lands about it; also of Norham, Wark, and the lands about Harbottle; also Sir Richard Lee to cause the delivery thereof.
8. Who shall serve the place of Victualler?
9. As the oats and provisions at Berwick daily decay, new provision should be made.
10. The commissions of these persons to be made out without delay.
11. No one to lodge in the Queen's stores, save the Treasurer and the Victualler.
Draft, in the Marquis of Winchester's hand. Pp. 3.
Oct. 5. 605. The Queen to Lee.
Means to abridge the wages at Tynmouth. He is to view the same and consider whether it is needful to be kept in fortification for the defence of the entry to the haven, or whether some lower place nearer the haven might be more meet for the same purpose, which might be kept by the town of Newcastle.
Draft, in Cecil's writing, and endd. by his secretary: 5 Oct. 1560. Pp. 2.
Oct. 5. 606. Shers to Cecil.
Sends copies of the Abbot of St. Salute's letters and list of the prisoners and slain at Gerbes, obtained from Messina in Sicily.—Venice, 5 Oct. 1560. Signed.
Add. Endd. Seal. Pp. 2.
Oct. 5. 607. Shers to Mr. Stathan.
Cuts the thongs not according to his leather, for he wants not matter to write of, especially if he would wade into the matters of state and of the General Council. Minds to pass on this winter, and at the first spring time to draw homewards. Asks him to use diligence for the remitting of all his money due. If any gains come of their apothecary wares, he will continue that way.—Venice, 5 Oct. 1560. Signed.
Orig. Add.: To the parsonage of Old Swynforde. Endd. Pp. 2.


  • 1. Another copy occurs in the B.M. Calig. B. x. 107.