Border Papers volume 2: May 1601

1367. Willoughby and the Council at Berwick. [May. 1601.]

He relates the proceedings of himself and the council as to an affray in December preceding between Captain Jaxsone and Isack Waterhouse, a pensioner. That sundry affrays, combats, &c., have since taken place while he lay sick, unredressed by the council, though called upon by him—that on 26^th April last at 10 p.m., one Walter Aubery and Lawrence Greene made an affray "in a taverne, hard by the Stathouse," were at once committed by the officer of the watch, but soon set at liberty. Ten days after, they quarrelled again, and "a challenge of combatt " ensued, contrary to Art. 22 of the New Establishment. He called the council to punish them, and Sir John Carey, Sir William Bowes with the master of ordnance being absent—there was but one, (fn. 1) who making frivolous objections, Willoughby "with much adoe" got him to agree to try them by a jury, who found a verdict, sentence was given and. then remitted. On the Saturday after, at an assembly of the captains, the corporation, pensioners, constables, and gunners, for reforming "the surcharged commons in the feeldes," relief of the poor, and setting idle children to work, as he had proposed to the preachers of the town—these things being dealt with, this councillor called in question the above sentence with many "dialectike exceptions of yffes and andes," throwing contempt on him as Governor. He declined to argue, referring himself to those above him—that one of the men so countenanced was a bankrupt who had robbed his master in Wales, taken refuge in Berwick, bought 3 pays in Willoughby's absence, played the usurer with his illgotten money—taking 8s. for the use of 20s. for a year—some say 16s.—that the town are divided, "as the Pharises and Saduces were, who beleive noe resurrection," thinking Willoughby's authority gone.

On the Tuesday following, one Josua Dallavell, an ally of this councillor, attacked an alderman in the market place at 12 o'clock: "first astonishing him with his fyst, and after stabinge him into the belly with his dagger," so that his life is in peril. The offences in the town are so many and heinous, that he could do no less than make an example of so notorious an offender.

2½ pp. Closely written by his clerk. Indorsed: "A breefe narrative of what happened in counsell betwen the Lord Governor and the counsell here concerning on Walter Aubry."

1368. William Selby [junior] to Cecil. [May 9. 1601.]

Sir William Bowes' urgent affairs have drawn him to the country, with little hope of hasty return, for his lady and family presently follow: the Lord Governor by his "imbecillitye" and weakness, unfitter for affairs—many though unimportant—and no help but myself, not best liked by him, who I see does not easily affect those of whom he has once taken an unfriendly impression. The town and country in these times, requires the presence of the greatest officers, some of them now above, and should be sent down, if not specially needed, with some dispatch.

Among other causes that weaken our Borders, selling horses to the Scots is not the least: for 3 of every 4 between the two seas on the Scottish side, are English, and the price thus so high, that our people (gentlemen excepted) are not able to buy for themselves. This is done in two ways: by the wardens' conniving at English sellers, or winking at Scots coming to Yorkshire fairs, &c. Another way is practised under her Majesty's "placquettes" granted for indefinite time: so that they will buy 60 horses with a placquett for 2, and never fill it up. I have known horses bought 20 years after the date of one. Such should be all called in, and hereafter none granted but for 40 days or 2 months only, and books to be kept, under direction of the Lord President of York, the Bishop of Durham, and justices of the several shires, showing particulars of each sale. Berwick. Signed: Will'm Selby.

1 p. Holograph; also address. Indorsed. Wax signet (Selby) impaling a shield of 4 quarters.

1369. Sir R. Carey to Cecil. [May. 11. 1601.]

I had a meeting lately with the Lord of Roxburgh, where we agreed to hold days of truce on 2^d and 3^d June for redress since the last commission: and to have the bills then fyled, sworn within 6 days after. He told me it was resolved at our Court, that the pledges at York should be removed nearer the Border, and is so assured of it, that he intreated me to desire your honor "from him," that the pledges keeper who uses them very hardly, may not extort for their victuals and gaol fees, more than your honor thinks fit. It is strange these things should be agreed on, and the Queen's officers here not know it!

This March has I am sure more to demand than both the others, and therefore should be satisfied first, which I leave to your honor's consideration.

In my last I sent you the King's letter warranting any steps against his outlaws that I should attempt. I pray you send it me down at your leisure. Woodrington. Signed: Ro. Carey.

1 p. Addressed. Indorsed.

1370. Sir R. Carey to Cecil. [May 13.]

This last week the Scottish outlaws, having done their utmost on the West March, have begun with me, and burnt a small town in my charge adjoining the West March, taking 4 or 5 prisoners away.

Having the King's warrant, I directed my deputy, Harry Woodrington, with 300 horse, to enter Scotland: who has burned the houses of 3 chief offenders, with great store of cattle and sheep also, and rescued the prisoners. Many of these outlaws are set on foot, for he brought off near 20 of their best horses. "The offendors themselves lyes in bogges and wooddes, so that none of them could be gotten." This is their first attempt on me, and the first revenge I have taken. They may likely provoke me further, but knowing the Queen's mind, and having the King's warrant, I will not suffer the poorest under my charge to be overrun.

I have power enough, and will weary them with their own weapons: for the King of Scots, besides his first letter, has sent me another to approve it, which I herewith send you—praying you to return both by your first occasion to send northwards. Woodrington. Signed: Ro. Carey.

1¼ pp. Addressed. Indorsed.

1371. R. Lowther to Cecil. [May 15.]

Yesterday I met the Laird Johnston at Greatney kirk, where we chose certain assisers, both English and Scots (as appears by the inclosed), to try the bills whether foul or clean: and appointed a new meeting for delivery of foul bills, at the same place on 25^th June next, with proclamation against future outrages, &c.

For the prisoners: proclamation was made for their freedom without any condition whatsoever, and some were publicly freed at this meeting, while, as I particularly gave the names of the rest "to the Laird self," I believe he will have special care to do the like. Carlisle. Signed: Richard Lowther.

½ p. Addressed. Indorsed: ". . . M^r Rychard Lowther," &c.

Inclosed in the same:—

(List of assisers.)

"At Greatney kirk 14^th May 1601. The names of gentlemen appointed and sworne as assysers, to enquire upon and try the bills exhibited by England and Scotland."

For England.—M^r Nicholas Curwen; M^r Thomas Strickland; M^r James Bellingham; M^r John Dalston; M^r Francis Duckett; M^r Edward Musgrave; M^r Edmund Dudley; and M^r Henry Blenckowe, esquires. Sworn.

For Scotland.—The Master of Herries; Laird of Cockpoole the elder; Laird of Cockpoole younger; Laird of Amisfeild; Laird of Applegarth; Laird of Lagg; Laird of Newby; and Goodman of Tushellawe. Sworn.

½ p. Written by Lowther's clerk. Indorsed.

1372. Petition against the Grames. [May 15.]

Heads of a petition presented to the Privy Council on 15^th May 1601.

First:—Refers to a petition dated 15 September 1600, (fn. 2) signed by the Lord Warden, the Lord Bishop, and all the gentlemen of worth, which "we desire may now be considered."

Second and third:—The greater outrages since, and intolerable exaction of "blackmeale" by the Grames, &c.

Fourth:—By their alliances and confederation with the Armstrongs and "louse" Scottish borderers, as set down in a schedule to the foresaid petition, they plot with them to spoil England.

Fifth:—The intermarriages and combination of the Carletons and Graymes, and the Carletons and Scottish borderers, countenance the wicked spoilers of this country.

Sixthly:—The proud disobedience of the Graymes, contemning the government and warrants of the Lord Warden, and ill intreating his ministers, is a bad example. "And how they take upon them law dayes and undeasent orders emongst themselves, and never will appeare either at assize or sessiones."

1 p. Indorsed by Scrope's clerk: "From the Lord Scrope."

1373. Willoughby to Cecil. [May 22.]

I have this instant received a letter from my Lady Hume, that a packet, from George Nicolson was brought to her, inclosed in an empty paper indorsed to me, with no direction or other word in it. In it was this present packet addressed to you, which I have sent off with speed, also my Lady Hume's letter to myself. As M^r Nicolson has ever given me notice of such packets, I am in some "jealousy" lest his servant has miscarried. Excuse me not writing so often as I would, since I fear my letters, carrying little news, might be "combersom." Berwick. Signed: P. Wyllughby.

1 p. Addressed. Indorsed: ". . . Lord Willoughby to my master with a packett of blancqs from M^r Nicholson sent by the Lady Hume."

1374. Certificate by John Crane. [May 22.]

That on receipt of a warrant from the Lord Governor, of 12^th instant, to place one William Skeile into a gunner's place of 7d. per diem, in room of one Oswald Walker: Skeile being tried in shooting before the master gunner and quarter masters, in presence of some of the captains, and found "a verie sufficient scholler," was presented to M^r Conyers deputy master, for his victuals: who declined the same, under his instructions from the master of ordnance, that not one be allowed in his office without his consent, and that he hopes to bring down a Privy Council order forbidding any interference with his office. Signed: John Crane.

1 p. Holograph. Indorsed by Cecil's clerk.

1375. Royal Warrant for Richard Musgrave. [May 24. 1601.]

Warrant to the Treasurer of Berwick to allow Richard Musgrave, master of the ordnance there, the same extraordinaries as his predecessors have always had.

1 p. Corrected draft. Indorsed: "To the Treasurer of Berwick," &c.

1376. Willoughby to Cecil. [c. May 26. 1601.]

As he was much bound to him for his leave last year, yet must leave the marshal or other officer for whom he will answer, and there is none but the gentleman porter: thereby he has been detained near a year, is out of health, and strangely dealt with by some—he begs licence to commit his charge either to those resident, or that the marshal be sent down to attend his office—as himself greatly desires to attend Court, relate things fit for the Queen's service, and justify himself against his adversaries, who boast and encourage others to oppose him. Signed: P. Wyllughby.

Postscript:—As Sir John Carey has no great desire to come down, if the Queen approves he would gladly leave Sir Robert Carey his deputy, considering his blood and good friends: and has already partly got his consent "yf yt stand with others agreation."

1 p. Addressed. Indorsed: "Without date. Lo. Willoughby to my master . . . Receaved 1° Junij."

1377. Thomas Musgrave to Cecil. [May 29. 1601.]

Being called up before your honor on the accusation of Carlton, wherein I was commanded to my lodging, and have since remained, humbly awaiting your pleasure: I beseech your honor, as my estate is much weakened by the spoils of the Scots, and my often appearance before you, that I may receive such trial as it pleases you, "for the proving of my innocency against his accusations, invented only upon mallice in him and his name, against mee and our house." Signed: Tho. Musgrave.

½ p. Addressed. Indorsed.