Addenda, Mary - Volume 7: December 1553

Calendar of State Papers Domestic: Elizabeth, 1601-3 With Addenda 1547-65. Originally published by Her Majesty's Stationery Office, London, 1870.

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'Addenda, Mary - Volume 7: December 1553', in Calendar of State Papers Domestic: Elizabeth, 1601-3 With Addenda 1547-65, (London, 1870) pp. 429-433. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/edw-eliz/addenda/1547-65/pp429-433 [accessed 27 March 2024]

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December 1553

Dec. 3.
Westminster.
5. Warrant under sign manual to Sir Wm. Dansell, receiver general of the Court of Wards and Liveries, to pay sums received from time to time to Sir Edmond Peck[ham] the treasurer; the fees of the Court and other warrants being discharged. [½ page, damaged.]
Dec. 4.
Berwick-upon-
Tweed.
6. "The treaty for Border causes, called by some the treaty of Edinburgh, by others the treaty of Berwick," being an indenture concluded 4 Dec. 1553, between Sir Thos. Cornwallis and Sir Rob. Bowes, Commissioners for England, and Sir Rob. Carnagie and Sir John Bellenden, Commissioners for Scotland; of which the following are the apostyles, viz.:—
1. "The Wardens of all the Marches of both realms shall keep their convention at places consuete, and proceed to justice without delay."
2. "All the complaints of the attemptates since the acceptation of peace shall be enrolled; the scrolls delivered, the Wardens to spy, search, and inquire. The parties to be arrested to answer the next day of the truce, or the Wardens to acquit the same upon their honour, with an inquest of 12 men, half Scots, chosen by himself, being English; half English, chosen by the complainant, being a Scot, and e contra."
3. "For such bills as have been filed by any of the Wardens, and no deliverance or recompence made, the Warden at next day of truce shall make deliverance of an offender, or for lack thereof, such other persons as he will undertake will be sufficient for the bill, to remain with the party till he have redress. The Wardens to continue answering like number of bills so long as there shall be cause of complaint; if there shall want on the one side or the other, to answer notwithstanding, till every man have justice."
4. "That all bills of complaint since the beginning of this convention, shall be answered without fellows."
5. "No abrogation of the ancient orders of the Borders in filing of bills is meant; this device extends only to attemptates since the peace."
6. "If the Warden happen to acquit a bill that is foul upon his honour, it shall be no bar to the complainer, but that he may pursue a new bill for justice upon better information to the same Warden, or his successor."
7. "Cuthbert Musgrave and Thos. Clavering shall make restitution of the castle taken by them."
8. "The inhabitants of both realms shall pasture their cattle within their own limits. It shall be lawful for the owners of the ground depastured, or their Warden of the March, to impound the cattle till the owners have paid for every nolt one penny sterling, and for every sheep one penny Scottish; and for the second fault double parkage, and so still, till the parkage of a nolt come to 2s. sterling, and a sheep to 6d. sterling for that year; new parkage to be apacted after the year, and so from year to year, as long as the wrong is unredressed."
9. "The fishing of the Halquell in the water of the Tweed shall remain to the Lord Hume and his heirs, being used without prejudice to the castle of Norham."
10. "Alexander Hume, as farmer to the Prioress of Coldstream, shall enjoy the fishing of Tynemouth Haigh; the Lord of Twisell to have a ring net on the south side, in Tillespot."
11. "Whosoever unlawfully disturbs a subject of either realm in his fishing upon the river of Tweed, upon complaint made to the Warden, he shall be attached, and being found faulty, at the next day of truce, pay for every tide stopping 20s. sterling to the complainant, and be delivered to remain with the party grieved till satisfaction be made."
12. "All murders and slaughters shall be answered with like process, execution, and expedition, as is required by the ancient laws of the Borders."
13. "Hunting or wounding of any person shall be punishable and tried in like manner as robberies are, by the laws of the Borders; the damage to be estimated by 12 gentlemen of both nations, twice doubled, &c. If the party be maimed of any necessary member, the offenders to be delivered to the opposite Warden to be imprisoned for six months."
14. "Wilful rising of fire and burning of houses, corn, and hay in stacks, to be punished with six months imprisonment of the party, besides restitution of double," &c.
"15. No sign or token of baugbiling shall be borne at the day of truce without licence of the Wardens of both realms. The offender shall be punished by one month's imprisonment with the opposite Warden, and lose his cause."
"If any acquit himself by his oath, and be found perjured, he shall be imprisoned for six months, and at the next day of truce, be openly denounced as a perjured man, and be disabled for ever bearing witness. The Wardens and 12, chosen indifferently of both realms, shall moderate the number and price of goods over sworn." [7 pages.]
Dec. 4.
Berwick-upon-
Tweed.
7. Copy of the above treaty, with the apostyles slightly differing, and less full. [10 pages.]
Dec. 4.
Berwick-upon-
Tweed.
Two other copies of the said treaty. [Laws of the Marches, Vol. I., pp. 108–114, and Vol. II., pp. 51–58. Dom. Edw. VI.—Eliz., Addenda, Vols. V. and VI.]
Dec. ? 8. Petition of John Houseman of the diocese of York to the Queen. Has enjoyed the office of a deacon in the church at York for above seven years, receiving yearly 5l., with meat and drink daily of the residentiaries. In Lent three years since, Robert, now archbishop of York, maliciously expelled him from his living, without proving any fact against him. Had proceeded in holy orders unto priesthood within the archbishop's diocese, and obtained testimonials of ability from divers of the Council of the North. The archbishop would neither admit him to the priesthood, nor give him his letters dimissory, whereby he might have been admitted by another bishop. Was accused by the archbishop of saying that it were better for priests not to marry, and the archbishop would not let him have his office for being so sore against the marriage of priests. Has not only lost his office and revenues, but has been constrained to seek another habitation. Is a poor young man without friends. Prays recompence at the archbishop's hands. [¾ sheet.]
9. Abstract of the bill exhibited by my Lord Treasurer:—
1. For himself and Lord St. John, his son, to be lieutenants of Hampshire, Southampton, Winchester, and the Isles of Portsmouth and Wight.
2. To have the captaincy of the Isle of Wight and Portsmouth; government of all castles and bulwarks on the coasts between Southampton and the isles, also of Hurst and Calshot castles, South castle nigh Portsmouth, and St. Andrew's bulwark.
Also the stewardship of the manors and lordships, and keeping of courts leet, &c. in the said isles; paying the rents and profits to the receiver general of the county, with proviso to make no lease in reversion, nor longer than 21 years.
Authority to repair the castles and forts, and renew the artillery, &c.
A yearly allowance of 2,515l. 13s. 2d. for the following payments:—Captain of Portsmouth and his band, 584l.; South castle, nigh Portsmouth, 159l.; St. Andrew's fort, 85l. 2s. 4d.; Calshot, 159l. Hurst, 264l.; Yarmouth, 58l. 13s. 4d.; Sharpnore, 58l. 13s. 4d.; Worsley's bulwark, 58l. 13s. 4d.; West Cowes, 101l.; Sandon bay, 416l. 6s. 8d.; Carisbrook, with the 40l. of the old fee, 121l. 13s. 4d. The lieutenants for powder, shot, &c., 300l., and for riding charges, 200l.; a bowyer, 9l. 2s. 6d. a boat to scour the seas, 12l. 3s. 4d.; a smith for ironwork, 9l. 2s. 6d.
Authority to take up timber and burn lime when required, only charging the Queen for new buildings, great ordnance, and men and wages to convey the money in time of war.
Recompence for any powder and munition wasted in war.
Authority to have stone, brick, lime, &c. for repairs of the buildings, and workmen at reasonable prices.
Authority to stay boats and mariners, when required for the service.
To have the lieutenancy for their lives successively, with command to all in the isles to be attendant upon them; also a discharge for anything they do in execution of their lieutenancy. One of them to be resident and execute the charge. [3 pages. Endorsed by Sir W. Cecil.]
10. Notes of former proceedings in law, 27 Henry VIII., between John Stowell, grandfather to John Stowell, plaintiff, and John Lord Zouch, grandfather to the present Lord, and Edw. Bampfield, in reference to their claims to the manors of North Moulton and Blacktorriton, which was heard before Lord Chancellor Rich, when Rich. Bampfield came of age, 3 Edw. VI. Lord Zouch has appealed to Chancery, but meanwhile he has spoiled the woods and destroyed the deer of the park. [2¼ pages.]
11. Declaration by the Queen, that although on the creation of the Court of Wards, 31 Henry VIII., made Court of Wards and Liveries, 33 Henry VIII., it was ordained that there should be two clerks of Wards and Liveries, yet as Thos. Anton, who has for 13 years been the sole clerk, has sufficed for the business, and it is thought more advisable by William Marquis of Winchester, Lord Treasurer and master of the said Court, that there be only one clerk, the said Thos. Anton, on resigning this patent of one of the two clerkships, is appointed sole clerk of Wards and Liveries, with the fee of 10l. [4½ pages, Latin copy.]