Border Papers volume 2: August 1598

972. Musters of Berwick. [Aug. 1.]

The defaults of the musters taken before the Lord Willoughby, &c., Governor of Berwick.

Absent, with or without leave, from the companies of "Sir John Carey knight," Sir William Reade knight [both absent], and 6 other captains, gunners, ordnance workmen, horse, foot and pensioners, 62. Signed: P. Wyllughby, John Crane.

2½ pp. Written by Crane. Indorsed.

973. Passport for Captain Seton. [Aug. 3.]

Licensing "the bearer hereof Captain Seyton Scotch gentleman" travelling into England about his lawful affairs, with his man and 3 horses, one "black lyld" ambling, 15 hands, the others "white gray," ambling, 15 and 14½ hands—to pass unmolested and return to Scotland in like maner. Berwick. Signed: P. Wyllughby.

½ p. Addressed: "To all justices of peace," &c. Indorsed by Cecil's clerk: "Captain Seytons pasporte . . . uppon which my master gave him another the 14^th of Auguste 1598."

974. Sir R. Carey to Burghley. [Aug. 4.]

On the 2^d instant a company of 200 Scots, 80 of them and more, armed with "calyvers and horsemens peeces"—came into England, their purpose unknown to me. I made all the force I could, and sent with speed to encounter them. And about 3 P.M. M^r Woodrington and M^r Fenwick whom I sent as leaders, set upon the Scots within England, and overthrew them. They were then so near their own borders, that they had "recovered Scotland" before we got to them. But the foray being broken, they held on the chase two miles into Scotland, and private men slew their enemies who were in deadly feud with them, as they came to them: so I think there are some 4 or 5 Scots slain, and 16 of the best taken prisoners. After our men made a retreat, the prisoners were asked what their meaning was to enter the Queen's dominions with such force in warlike manner? They said their only intent was to hunt, and take such venison as the country afforded. I think there will be great complaint made of this "accident," but there has been nothing done but to her Majesty's honor and the good of the country. They knew quite well it was unlawful (though they expected it would be endured as hitherto), for at this same time, others of their country made humble suit to Lord Willoughby for leave to hunt in his March. But these men, though the chiefest of them have been great offenders to this March both in blood and goods, and that lately, chose to make this bravado. Besides their hunting, their custom is to bring in 100 men at these times, to cut and carry away wood and they have thus clean wasted "one of the goodlyest woodes" in the Middle March. They had at this instant the usual number, who cut and carried off as in times past. The prisoners are returned to their country on their "wordes" to their takers to enter on 8 days' warning. "To begin, they have gotten this snuffle." Woodrington. Signed: Ro. Carey.

1 p. Closely written. Addressed. Indorsed. Wafer seal quartered; indistinct.

975. Sir R. Carey to His Brother, Lord Hunsdon. [Aug. 4.]

[In exactly similar terms to the preceding letter.]

Woodrington. Signed: "Your lordships lovinge and dutifull brother, Ro. Carey."

1 p. Addressed: "To . . . my very good lord and brother the Lord Hunsdon lord Chamberlen of her Majesties houshold and one of her highnesse most honorable pryvye Councell." Indorsed by Cecil's clerk. Quartered wafer signet as before.

Inclosed in the same:—

The names of the chief prisoners are—

"The Layrd of Greenehead, a Carr; the Laird of Bungeddard, a Dauglasse; the Layrd of Bullerwell, a Tromble; the Laird of the Tower, a Kyrton; with other gentlemen their followers, pryncipale men of theire surnames."

976. Willoughby to Secretary Cecil. [Aug. 6.]

I understand "to my greife," that my lord your father is not so well as I could wish, which made me forbear troubling him with letters as formerly on this government, whereof he has always had a remarkable care—and knowing how worthily "you second and suceede sutch a father," I thought fit to advertise you. The last musters I presented were in another form than accustomed—showing the age and country of every man: the first, to show his ability and time of service, the other, to "discover sutch as weare here of other provinces prohibited by establishment." This abbreviate I send you, will show the wants in each company, whether of the chief men or ordinary captains' bands. The horse and foot allowed the council here, have not hitherto been mustered, believing this not needed. I have neither horse nor foot allowed me, but a few servants in view every day: having erected to my proper charge, a guard of "musqueitiers," not as I hear used by any governor before. The horse companies "mutin" much against their constables, and need a leader or captain. If it pleased you they were put in my charge, as usual in such governments, the marshal having now a band of foot, I would not doubt to have them in better order than they be, which is too bad, as may appear by their complaints I formerly sent up. "As it is, the command of the towne is very bare and chargeable, the best things pluckd from it and time so changd, as all things are as deare or dearer rated than at London. But my end is not to troble you with these things, but to commend the good of this place, and my selfe unto you as to my lord your father." Berwick. Signed: P. Wyllughby.

1 p. Holograph. Addressed. Indorsed: ". . . 6 Aug. . . . Received the xxvij^th."

977. Willoughby to Henry Locke. [Aug. 11.]

I have acquainted M^r Secretary with certain disorders among the horsemen of my garrison, which I made known to my Lord Treasurer in his life time, and had hope of redress if he had lived. Now having solicited M^r Secretary, I request your furtherance therein as much as you may mind to do: I have appointed this bearer to attend you with my particular reasons for the reformation, also to attend M^r Secretary's pleasure therein.

(fn. 1) "Many things I wrote to my lord, which now I thinke will be all forgotten; sutch is my fortune to winne frends hardly, and lose them at the best. If M^r Secretary take not to heart this towne, as my lord his father did, the government will be very unhappy. What you shall do I will be thankfull for." Berwick. Signed: P. Wyllughby.

½ p. Addressed by Willoughby: "To his very loving frend M^r Henry Locke." Indorsed by Cecil's clerk. Wax signet: shield of eight quarters.

978. Sir R. Carey to Secretary Cecil. [Aug. 13.]

I am certainly informed that the Scots King has sent to the Queen's Majesty with a very grievous complaint for the late accident in Redesdale, and that nothing will satisfy him but delivery of the two principal gentlemen in the field that day. Truly the matter is nothing so great as this: for I think her Majesty will not allow such a number of Scots to enter her realm at pleasure and cut down and carry off her woods, without licence of her appointed officers! And these gentlemen only intended to show them they had done wrong, and to make them own it, and to take them prisoners; but some of the "unrulyest" slew two of the meanest Scots, and "evill hurt" one gentleman it is thought mortally, but is yet living—this is all. But many things done by them against us, have not been called in question: yet they on any slight matter, get their King's ear, and he as their advocate, quickly calls for justice. If there be a wrong here, they are to blame: for if the first fault had not been committed, the second had been undone. Since I came here, two unlawful acts have been done—both far worse than this—which the King makes no great matter of: first the Rutherfords (who were chief in the late hunting) came into England cruelly murdered William Aynsley a very honest gentleman, took all his goods, and his brother prisoner, still with them in Scotland—they had no quarrel with him, only slain defending his goods. The other outrage was by Scots of the West March, in Tyndale, who killed two of the Queen's subjects and carried off 300 head of cattle in open daylight. It were good that her Majesty offered to the King that her warden meet his, and I think that Sir Robert Carr and I shall end the matter in reason without delivery; for it will be a great pity that these gentlemen should be given up, for they can be very ill spared out of the country. Woodrington. Signed: Ro. Carey.

1½ pp. Addressed. Indorsed: " . . . that Fenwycke and Wooddrington may not be delyvered," &c. Quartered wafer signet: indistinct.

979. Sir R. Carey to Lord Hunsdon. [Aug. 13.]

[In precisely similar terms to the preceding.] Signed: "Your lordships very lovinge and dutifull brother, Ro. Carey.

1½ pp. Addressed. Indorsed by Cecil's clerk. Quartered wafer signet: indistinct.

980. Willoughby to Secretary Cecil. [Aug. 16.]

"The Lord of Espine" (fn. 2) this day passed this town to London for France, bringing letters from the King to me to give him convoy and passport. "But I was forth, for a truice should have ben betwene the Lord Hume and me upon an assise of English and Scottishe gentlemen concerninge M^r Gray and Sir Jhon Kerr, for certain English pledges were delivered and broke away. But the lord Hume as it proveth, makinge that his cullour, is slipt away out of Scotland, as I am credibly informed also: som say with the Kings greate discontent, who hath sent to stay him; others conjecture not without the Kings prevyty. By conference of a secret frend of the Lord of Espins, I understood he hath promisd to take this jorney with him for France, that the said lord Espins retorns within this 3 monthes or soner. In Scotland there is a greate brute spred of Bothwells being at London, conjectured by those that seme to know Scottish affaires, to be bruted purposely to stay Hume: who if he be gon as is said, I beleave he will passe privaytly with Espine, and passinge som fords by Warke (whereof we have to many) fall into his company about Anwick or Morpeth."

There was an intention of revenge for the late accident in the Middle Marches, but on hearing it, Sir Robert Carey made ready on the first notice from hence. We are all in good terms: the King has prohibited all revenge, and commanded the Scottish prisoners (set loose by Sir Robert Carey on their word) to re-enter themselves. I know you are better informed than these, but as it is the course I ought to run, "beare with my small rundell, that for the weake streame thereof, laboreth to dischardge it selfe in the ocean as a greater river." Berwick. Signed: "Scribled in hast . . . P. Wyllughby."

"In very truth mentioning the fords," all our spoils are committed by them: and if we could "daume them upp" except such as are, or may be, guarded, it would greatly serve her Majesty's people inhabiting this March on the Tweed.

1 p. Holograph; also address. Indorsed. Wax signet as before.

981. Passport for Lord Spinie. [Aug. 16.]

Licensing the bearer, "the Lord Spine sent of embassage from the King of Scotland to her Majestie, with these three in his company Jeames Forreth, Alexander Ker and David Michel," repairing to Court "about som speciall occasions," to pass and return without impediment. Berwick. Signed: P. Wyllughby.

¾ p. Addressed: "To all justices of peace, mayors, sherifs," &c. Indorsed by Cecil's clerk: ". . . the Lord of Spinay. My master gave pasport for hym to goe into Fraunce."

982. Certificate as to Gilsland Barony. [Aug. 16.]

Parcel of the possessions lately of Leonard Dacre esquire attainted of high treason.

Fee of Thomas Carleton gentleman deceased, late land sergeant of the barony of Gilsland, which office Philip late Earl of Arundel, Anne countess of Arundel, William lord Howard and Elizabeth lady Howard, by indenture dated 17 June 22 Elizabeth, granted to said Thomas Carleton for life, with all profits and commodities, &c., that Thomas Carleton his father or any previous officer enjoyed, 6l. 13s. 4d. per annum.

The said office is one of "marshall" government of all the Queen's tenants in the barony, which contains 14 or 15 manors and as many bailiffs, and great number of tenants, all bound to rise to fray at his command. He should be charged as follows, viz.—

1. To reside within the barony. 2. To rise readily at every fray—to prosecute murders by Scots with speed, to the March—if by others, to seize and deliver them to trial. 3. To be ready at the lord warden's command, and 4, to see the tenants furnished for service.

He must enter bond and good sureties to perform his duties. He should have the goods of all felons within the barony granted to him without rendering account, the rather, as her Majesty has never had any profit thereby since the barony came to her possession—which no doubt the officer may gain. It seems reasonable the office should be granted but during her Majesty's pleasure.

Yearly fee of Richard Graime gentleman, bailiff of Askerton manor in said barony, 26s. 8d.

He has been bailiff ever since the barony came to the Queen's hands. I leave it to your honor whether he should be displaced, or the office be at the disposal of him who shall be appointed land sergeant—but whosoever is bailiff, he should give good sureties for his due accompt of her Majesty's rents at the yearly audit.

2 pp. Indorsed: "xvj^th Augusti 1598. Certificate concerning the office of land sargeant of Gyllesland in com. Cumberland. From M^r Auditor King."

983. Copies of Secretary Cecil's Letters. [Aug. 19. 1598.]

(1) To Lord Willoughbye on 12 June 1598.

The Queen called me to her, and commanded me in Sir John Stanhope's absence (whose hand she would otherwise have used) to write privately, that she well allows your proceedings, and in regard to Cesford's wish moved by you, to reserve some of his pledges, she would have you inform him that she accepts his good offers of service, which when performed, shall not be unrequited, but for the present, will not so suddenly agree to take pledges one day, and deliver, another: but when she knows who we would have, she will on further consideration give him a good answer by you. Referring for the rest to my lords' letters, wherein I join.

(2) Copy of my master's letter to Lord Scrope 19 Aug. 1598.

According to your commendation of M^r John Musgrave I have procured her Majesty's gracious acceptation of him to the office of land sergeant of Gilsland, as her highness letters to yourself will show. But she has commanded me to impart to you sundry points which he shall observe in her service, and which your lordship shall charge him to perform, viz.—(1) that he be resident in the barony; (2) that he rise at every fray, &c.; (3) that he be ready to obey the lord warden's command in her service, and (4) that he see every tenant well furnished for service. Not knowing what bond has been given by others before, in that office, I must refer the consideration thereof to your lordship's self, but it is reasonable that if by his office he receive any of her Majesty's revenues, he enter good sureties to answer the same duly and truly.

1½ pp. Contemporary copies.

984. Rowland Myners to Locke. [Aug. 27.]

Prefixes a copy of his instructions from Lord Willoughby in soliciting M^r Secretary regarding the horse garrison.

They are mutinous and insubordinate to their constables, who are little above their own rank. Being of great clans and surnames in Northumberland, this encourages their obstinacy. At the last "goeing to Chiveatt," they disobeyed their constables' command to keep close, and broke their ranks, "runninge every man a severall waie" to their utter overthrow if the Scots had charged them. Lord Willoughby proposes to raise 20 more at his own charge, making their present number of 80, up to 100—if allowed but the bare pay of a captain of horse.

"M^r Lock I have sent you a coppy of the Instructions and I pray yow at your convenient leasure breake the matter beforehand to M^r Secretary in my lords behalf, before my coming. I meane to attend his honor after the funerall." Signed: Row. Myners.

I have sent you my lord's letter, and his trust is you will further the suit. I would gladly know where I might sometimes repair to you.

2 pp. Holograph; as also address. Indorsed by Cecil's clerk.

985. Willoughby to Cecil. [Aug. 29.]

Finding myself much charged with the cries and importunities of some of this March, that I should undertake the redress of such bills indited and found fowle at the commissioners' sitting, before my coming: and considering how unfit I am by "raw and new experience" to finish these grave and worthy mens' long labours, and finding myself enough charged, without looking into "bypasse" as they call it, with the complaints, &c., of my own time: I requested my lord your late father that such causes might be referred to them "that handled them," also making suit for direction in dealing with the opposite wardens, exchanging oaths, &c., at Midsummer last and showing our letters patent in regard that some of them had none such—and as to meetings, having "stood" with my opposite warden that he should first come over to us, and not we to them (as they challenge by custom), thinking it unfit, "the dignities of the princes, and of the nations, considered"—wherein I sought direction, whether to yield, or settle it alternis vicibus, or "by sorte or casting of lots." But thereon, and on other motions as to the fortifications here, &c., I have as yet received no answer from the Council, and though not urging it, but in discharge of my duty, await the same. The winter drawing on now apace, the country will expect some general truce day, for custom and example's sake, though "(I prayse God)" there are few matters to urge; and I refer the same to your wisdom. Berwick. Signed: P. Wyllughby.

Postscript:—Our Scotish news varies as you may see in my last. Lord Hume was "so intentioned as I gessed," but diverted from his purpose by the report of Earl Bothwell's being in England, which is confidently believed in these parts.

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

986. William Selby's Report. [Aug.]

The report truly set down, as I have credibly heard it, of the "accident" betwixt M^r Fenwick and M^r Woodrington, and the Scots.

The Scots came into her Majesty's own lands, cut down and carried off her woods into Scotland, and hunted as if in their own country, without licence of warden, &c., "very contemptuouslye." The country people informed the above two gentlemen their officers, who with some of them went to the place. Their men without their orders, and the Scots in a tumultuous manner, fell to "bickeringe," wherein two Scots were slain, one Pringle, by occupation a "taylor," the other a meaner man, and a third hurt, named I think Rutherford, now well recovered. This was done against the officers' "minde," and I have heard them protest earnestly their only intent was to cause them retire peaceably to their own country.

Visiting the warden of the Middle March in my coming up, he prayed me to signify to the Lord Chamberlain his brother, "that if he wanted those two men, he lacked both his armes," and could do the Queen no service there.

¾ p. In a clerk's hand. Indorsed: "The Report of William Selby concerning the tumult on the Borders betwene M^r Fenwicke, M^r Woodderington and the Scottes."

987. Note on the Scottish Hunting. [Aug.]

(1) Showing that a Scot in England without the warden's leave if taken, is lawful prisoner; (2) that they have no custom to hunt in England; (3) or cut woods, more than stealing horse or sheep; (4) that the writer could find exceptions, if he saw their complaint in writing.

½ p. In a clerk's hand. Indorsed: "A breif note," &c.

988. Rival Statements on the Redesdale Hunting. [Aug.]

Differences in the reports of the Redesdale road.

(1) Sir Robert Carey says the Scots were 200, 80 and more armed with calivers and horsemen's pieces.

(1) The Scots say they were not above 60 unarmed, only with hunters' weapons.

(2) Sir Robert—that they came in on 2 August, and at 3 P.M. his officers set upon them and chased them 2 miles into Scotland.

(2) The Scots—that they began hunting on 1^st August, unmolested, retiring to Scotland at night. Next day they entered again to sport, not knowing of any objection, and retired to dinner, "to Grindisdame law in Scotland." There they were assaulted by 400 Englishmen in warlike manner and pursued till "Plenelaith 4 myles within Scotland."

(3) Sir Robert—they brought 100 men to cut wood—did so, and carried it away as wont.

(3) The Scots—they did nothing but hunt.

(4) Sir Robert—That 2 of the meanest were slain, one gentleman deadly hurt, and no more harm done.

(4) The Scots—besides the slain and hurt they were spoiled of 50 nags, besides "the gentlemens carriadge."

(5) Sir Robert—they meant to take no life, only prisoners. (5) The Scots—that M^r Fenwick and M^r Woodrington ordered their men, mustered and ready to attack, openly declaring that none should take or show favour other than the worst to any Rutherfurd, "Frissell," or Hall, on pain of death.

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

989. Note of Scots Slain, &c. [Aug.]

"Slayne.—. . . Rutherfurd brother to the Lard of Hundeley; Robert Pringill servand to the lard of Bonejedburgh; ane Robsoun of Chatto; ane uther namyt Rutherfurde: the Lard of Bonejedburghis self hurt and many utheris.

"Taiken Prissoners.—The lard of Bonejedburgh younger; the lard of Hunthill younger; the lard of Greneheid younger, with utheris whose names for the present is not knawen. All or at the least the maist pairt taiken sex myles within Scottis ground neir ane pairt callit Knowpark."

¼ p. In a Scottish hand. Indorsed: "The note of the names of suche as were slaine and taken—sent me by my Lord Secretarye."