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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.:— |
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1. "The Wardens of all the Marches of both realms shall keep
their convention at places consuete, and proceed to justice
without delay." |
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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." |
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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." |
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4. "That all bills of complaint since the beginning of this
convention, shall be answered without fellows." |
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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." |
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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." |
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7. "Cuthbert Musgrave and Thos. Clavering shall make restitution of the castle taken by them." |
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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." |
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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." |
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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." |
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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." |
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12. "All murders and slaughters shall be answered with like
process, execution, and expedition, as is required by the ancient
laws of the Borders." |
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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." |
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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. |
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"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." |
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"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.] |
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9. Abstract of the bill exhibited by my Lord Treasurer:— |
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1. For himself and Lord St. John, his son, to be lieutenants of
Hampshire, Southampton, Winchester, and the Isles of Portsmouth
and Wight. |
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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. |
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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. |
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Authority to repair the castles and forts, and renew the
artillery, &c. |
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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. |
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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. |
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Recompence for any powder and munition wasted in war. |
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Authority to have stone, brick, lime, &c. for repairs of the
buildings, and workmen at reasonable prices. |
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Authority to stay boats and mariners, when required for the
service. |
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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.] |
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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.] |
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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.] |