Calendar of Border Papers: Volume 1, 1560-95. Originally published by Her Majesty's Stationery Office, London, 1894.
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336. Proclamation against the Carres, &c. [Aug.]
Whereas the King of Scotland hath put to the horn as rebels "William Carre of Ancram, James Carre of Lintloe, Robert Carre brother to the said William Carre, Andrew Carr laird of Greenhead, John Rudderfoord of Hunthill, David Muscrope deputie provost of Jedworth, [ ] Kyrton warden serjeant, and James Carre," for refusing to enter their bodies into England, for trial whether they were guilty of the murder of Lord Russell at a day of truce held at Cocklaw the 27th of July, and it is doubted lest they will fly into England to be harboured there against the laws and treaties between the princes, these are to require all her Majesty's subjects on pain of high treason, to suffer none of them to enter English ground, or assist any of them, but to use them with all rigour as public enemies. At Barwick, &c.
1½ pp. Official copy.
337. Forster to Walsingham. [Aug. 1.]
"The embassador of Scotlande sent Robert Carvell unto me to understande the occacion of the breache of this daye of trewes—the which I have aunswered in this sorte, and so I will stande to prowe before the prince and counsell, that the assurance was broken by the partie of Scotlande"—for the warden came not only with the force of his own March, but brought a company of the Merse, which neither he nor his predecessors ever did before—and with ensigns, pensells and drums in warlike manner, attacked us while sitting quietly calling our bills, and gave their full charge upon us, when Lord Russell was slain and the whole field broken and disordered. "In the meane tyme the said opposite warden seminge to make a stainche when yt was past recoverye, I layed hand on him and held him and cawsed him to tarrie, otherwise yt had coste me and all the rest that were with me our lyves—which was our safgard as I thinke, so that yt semeth to me that yt was a prepensed matter, devised before." I think there should be 100 "shott" laid about Harbottle till this matter is reasoned before the princes and councils. I enclose a packet of letters received from Robert Cuninghame who desires they may be delivered as directed. At my house nigh Alnwick. Signed: John Forster.
1 p. Addressed. Indorsed. Wafer signet (armorial).
338. Scrope to Walsingham. [Aug. 12.]
"I am this daye geven to understande that at the late repaire of the Lorde Harris and Loughanvar to the Courte, to travell for the pacificacion of Maxwell, yt was purposed and secretlie devised by the Kinge, that they shoulde have ben sodenlie apprehended and comitted to warde, thinkinge thereby the better to have effected the enlardgemente of Johnston, and furthered the incomynge of Maxwell." Being warned by some secret friend, they sent one James Kiddesse (a gentleman of Maxwell's) to the King, with instructions—who has returned with a favourable answer, the King seeming well pleased to grant all Maxwell's demands except two. "The which two demandes, Arren (being nowe at libertie as Maxwell saieth) and Maxwell, shoulde conferre uppon betwixte them selves, at a secrette meetinge for that purpose to be had uppon the xviijth of this instante, in such place as shalbe by them secretlie agreed uppon." Maxwell thinks the King will shortly repair with some force to the Border.
As to Lord Russell's death—which Sir John Forster signified to me to be accidental, before I wrote to you on the 29th ultimo—seeing that he had written fully on it to the Court, that it was in another wardenry, and not pleasant news for me to relate, I thought it better for others to do so. But in proof of my good will, I shall send a special servant to find out the manner of the murder, and will omit no means to attain it. Carlisle. Signed: H. Scrope.
"Postscript.—I am informed that Morton purposeth to holde oute as longe as he can."
1 p. Addressed. Indorsed.
339. Scrope to Walsingham. [Aug. 17.]
On the joint demand of Farnyhirst and Sir John Forster, I sent to them at their day of truce, Hobby Forster the principal offender in the late attempt in Scotland, offering by letter to deliver him and any other "chief factour," and make further redress. And since then, have sent for all persons concerned in the matter, and not only kept the chief offenders with me, but have freely enlarged all the Scottish prisoners (cancelling their bonds), with their horses, armour and weapons—also promising Farnyhurst to do what is further requisite to keep the peace—(a thing seldom seen on these Borders)—whereby the King and all his officers are so well pleased, that there will be no more trouble in the matter. Carlisle. Signed: H. Scrope.
1 p. Addressed. Indorsed.
340. Scrope to Walsingham. [Aug. 21. 1585.]
"Upon Thursdaie laste the Earle of Morton caused a gibett to be made and redye to be sett upp at Dunfreis. Sherplye threateninge Johnson the late warden and all the reste of that surname of Johnstons, that unles they woulde yeilde and cause Loughmabell to be fourthwith delivered upp unto him, they shoulde all make their repentance for the same at that piller, and be hanged thereon. Uppon which his vehemente menases, they have resolved to surrender the same place of strength into Mortons handes, who (as it is verilie thought) shall receave Loughmabell this daye into his possession." The King's repair to Stirling increases Morton's former suspicion that he will come with a force to Dumfries, and therefore Morton purposes to come next Monday to Annan, and garrison all the stone houses of strength on the opposite border—which are all now (Lochmaben being obtained) in his possession—one only excepted. Johnston is this day to be removed to Carlaverock. Morton has in pay 200 horse and 300 "shotte," besides the whole force of the country at his devotion. Carlisle. Signed: H. Scrope.
1 p. Addressed. Indorsed.
341. Forster to Walsingham. [Aug. 23.]
"Wheras yt hapned that one Edwarde Charlton of Haselesyde in Tindale dyd take certen writings beinge in ciphers forth of the purse of the berer therof cominge frome Pharnihyrste, which were intercepted and brought unto my Lorde Russell, who sente them unto my Lorde President, and as I think paste frome him unto her Majesties most honorable pryvie counsell—wherof my Lorde Russell in his life tyme made me pryvie, and told me that Pharnihyrste was in a greate greefe with him for yt. What yt was I knowe not, but I thinke yt came frome Arraine and Pharnihyrste; but howsoever yt came, I knowe that Pharnihyrste was in a greate greife with him for yt, which I thinke hath beine a greate occacion of the crewell murder upon him, and I hope that yt will manifestlie fall owte that the Karis, which are the nearest kinsemen to him in all Scotlande, are the killers of him, so that yt appereth that yt is a pretended matter before devised by Arraine and Pharnihyrste,—wherof I thoughte good to advertise your honour, to thentent ye maye make her Majestie and counsell acquainted therwithall. And for suche matters as I have to object against the said Pharnihyrste for the breache of the assurance, to prove that yt was a pretended purpose before devised, and not ane accident or sudden, I send youe the note therof under my hande and certen of the principall gentlemens handes which were there, which we shalbe alwayes redie to verifie as yt shall please her Majestie and counsell to appointe; wherof I sent youe a note before. (fn. 1) Sir, accordinge to the contents of your lettre, I sent a gentleman one Mr Fenwick instructed unto her Majesties ambassadour in Scotlande, to prove before the Kinge and counsell the breakinge of the said assurance—where Pharnihyrste stoode in the defence therof with suche fals invencions as never was harde—as shalbe justlye proved with all the gentlemen of Englande and others that were upon the grounde, and I thinke with a companie of Scotlande; for the matter is so manifest that yt will not be denyed. At the makinge herof, I brought two gentlemen before Sir William Russell, who dyd evidentlye prove and affirme that they were talkinge with gentlemen of Scotlande beinge neare frendes of their owne, when that Scotlande dyd breake the said assurance, and that they wilbe redie to prove the same with their handes with any Karr of Scotlande that will saye the contrarie.
I ame enformed bothe by lettres frome her Majesties ambassadour in Scotlande, and also by Mr Fenwick, that all the allegement that Pharnihyrste could make when the matter came in question before the Kinge of Scotlande and his counsell, was, that one Wanles ane Englishe boye dyd breake the said assurance by stealinge a paire of spurrs, and that his frendes dyd hurte a Scots man—which is not trewe, as England and Scotlande canne recorede—for the boye beinge brought before us, I offered him to be delyvered to Pharnihyrst to be hanged, and all things was pacified and doon, and we sate quietlie callinge our billes, and no suche allegement made by Pharnihyrst at that tyme, as he could not denie when yt came in question before the said kinge and counsell—but nowe for his owne shifte and defence of his evill matter, he allegeth that yt was not thorolie pacified. And wheras he allegeth also that the Wanlesses were in greefe with my Lorde Russell for some particuler matter betwene them, upon displeasure doon unto them by the said Lorde Russell, and that they should procure the occacion of the breache therof—that allegement is also fals and untrewe, for there was never any suche matter betwene them.
Yf this matter be not loked upon and punished, that the assuraunce taken in bothe the princes names maye stande firme and stable, and not to come with forces more then ordinarie, and take their tymes under trust and credit, and breake the same contrarie the princes proclamacions, yt is a waye other to have our throtes cut or to have no meitings at all! At this present, there is no warden in Scotlande for want of obedience, so that the Borders doo stande verie open and daungerous, so that I thinke yt verie necessarie that there were ane hundreth men layed abowte Harbottle for a tyme, till there were some warden appointed and meitinges holden, and the Borders at a better staye—for the like was never seine in Scotlande since I knewe yt." At my house nigh Alnwick. Signed: John Forster.
2 pp. Addressed. Indorsed.
342. Scrope to Walsingham. [Aug. 28.]
"Sithence the dispatche of my laste of the xxjth of this instante, I have receaved nothinge worthy thadvertisement, savinge of the howse of Loughmabell (beinge the kinges owne howse and is of the gretest strength of any in this west border of Scotland), the which said house was for certaine delivered upp on Thursdaye laste (fn. 2) unto the Earle of Morton, who hath comitted the chardge thereof unto one Frysell, appointinge unto him 100 men for defence thereof. Uppon the receavinge of this peece, Morton made straite proclamacion against the Johnstons, declaringe thereby, that unles they did all come in unto him this daye, they shoulde feels such extremytye and hard handlinge, as in any wyse he coulde shewe and doe unto them. And to putt order to all his affaires in that parte, Morton holdeth a court this daye at Loughmabell aforesaid, and is also at liftinge one hundreth horsmen and as many footemen more then he had, and advertised of unto youe by my laste lettre. It is secretly advertised unto me that one Andrew Graye brother to the Lorde Graye of Scotland, hath latlie practised some secrett attempt with France, from whence he is newely retorned and comed into Scotland"—but I refer the truth of it to yourself, as more certainly acquainted with it. Carlisle. Signed: H. Scrope.
¾ p. Addressed. Indorsed.
343. Mode of Holding a march day. [Aug.]
The wardens meet "at a sett daie and place indifferent."
The parties interested exhibit their bills, and the parties found guilty or "fowle" are to be delivered to the opposite warden's hands to make satisfaction.
"The manner of triall of any person is twofolde, viz.—1. When the warden shall, uppon his owne knowlege confesse the facte and so deliver the partie offending.
2. The other is by confronting of a man of the same nation to averre the fact. Then is hee by the law guilty; for except the warden him self knowing, shall acknowlege the fact, or a man of the same nation found that voluntarilie will avouche it (the ordinarie and onlie waies of triall), be the facte never so patent, the delinquent is quitt by the lawes of the Borders. The death of the Lorde Russell is apparent, therefore the warden of Scotland ex notarietate facti is fowle thereof without contradiction. In cas hee denie it, for triall this order is to bee taken.
Her Majestie is to require the delivery of Farniherst into England. Because both wardens are parties, new wardens are to bee named by provision. The frindes of the Lorde Russell are to exhibit their bill, accusing Farniherst. If either the new warden ex notarietate facti shall acknowlege the bill, or otherwise a Scottesman bee fownd to averre the fact upon him, hee must stand guilty, and is to bee delivered ex notarietate juris.
Examples.—Sir Robert Carre warden of Scotland, beeing slaine at a trewe, an Heron with 7 others, were delivered for him, and died in Fast castle prisoners for that facte. An Archbyshop of St Androwes (Beton) did underlye the lawes of the Borders in the like case."
1½ pp. Official copy with marginal note by Burghley.
2. Another copy in the writing of Thomas Milles.