Border Papers volume 1: September 1585

344. Notes regarding Fernihurst. [Sept.]

To consider who is to be warden of the Middle Marches during the trial—his commission, place of meeting, custody of Farnihurst after his delivery, course to be taken for examination of suspected persons. "To proceade to the examyning the fylying and delyvering according to the awntyent order of the Bordyrs and the treatyes."

1 p. In two different hands, with marginal notes by Walsingham the writer of the last sentence. Indorsed: "The manner of proceding with Fernihurst."

2. Another copy with some variation. The four commissioners' names noted by Walsingham on margin.

1 p. Indorsed as last.

345. Commission to Lord Scrope, &c. [Sept. 4.]

Appointing Lord Scrope, Sir John Selby, William Bowes and Christofer Dakers esquires, or any two, Scrope or Selby being always one, to meet the Scottish Commissioners for trial of those accused of the murder of Lord Russell.

3 pp. Official copy by Walsingham's clerk.

346. Instructions to Scrope, &c. [Sept. 4.]

(1) The Commissioners to assemble where Scrope shall appoint, and order Sir John Forster with gentlemen of the Marches, not "fearefull of the Scott," to attend them.

(2) They shall travail diligently to find out who began the breach of assurance, that the offenders may be "billed, sommoned, filed and delivered."

(3) They are to collect all matters that may "carrie proofe or presumption" that Farnihurst, William Carr of Ankcram, [ ] Carr brother-in-law to Farnihurst, etc., are chiefly charged with. With advice of "Doctor Collmar," appointed to attend them, they shall frame fit interrogatories, and cause the witnesses of England to be acquainted with these, and know the answers they will be contented to make on oath before the Commissioners on both sides—doing the like with Scottish witnesses, if any can be got, which they shall endeavour to do with the help of Forster and other border gentlemen.

(4) They are to demand delivery of Farnihurst "as a fowle man," in respect of the breach apparently committed by the Scots, and if this is excused or delayed, they shall protest for denial of justice, and advertise the Queen's ambassador in Scotland, that he may demand it of the King. If delivered, he is to be committed to prison.

(5) In like manner they shall proceed against the Carres or other suspected persons, by such testimony as they see expedient, and if any are proved "fowle or guilty," to urge their delivery and imprison them.

(6) For their better assistance, "M^r Doctor Collmar" is to attend on them, to frame articles, draw interrogatories and instruments, and keep the proceedings in good form, as an "act in lawe," giving them his advice as required.

(7) There being great presumption of Arran's complicity in the breach of assurance, as general warden of the Marches, and Farnehurst's consulting him after a late English road into Tividale, how he should demean himself,—as his letter now sent to them shows,—they are to make diligent inquiry, and in case they find matter against him, to urge his delivery and certify Wotton to move the King therein. Fra. Walsyngham.

4 pp. Official copy by Walsingham's clerk.

347. Scrope to Walsingham. [Sept. 12.]

Acknowledging receipt of the commission and instructions, and thanking him for his favourable letter as to altering the place of meeting, from the indisposition of his body—from Hexpetgate to some other place. Having named Ridingburne, Cocklawe, or other convenient place, to be suggested to the King by Wotton, or offered to keep the place already appointed, and warned the other commissioners, he awaits Wotton's answer.

"David Maxwell a nere kinsman to thErle of Morton, having ben long warded by the King, is latelie broken warde, escaped, and comed to thErle."

Lord Herries one of the commissioners, though sent for by the King, refuses, saying he is sick, and if he should go and be apprehended, Morton protests that his warding shall be no relief to Johnston. Copies of two letters to Johnston, one from his wife, the other from his friend, are enclosed. Carlisle. Signed: H. Scrope.

1 p. Addressed. Indorsed.

348. Forster to Walsingham. [Sept. 15.]

I received Lord Scrope's letter this day with the names of the commissioners on Lord Russell's murder, but see no day fixed for meeting; also letters from the Council, desiring me to find out the murderer, and the breakers of the truce. These are in my opinion Arrain and Pharnihyrste, for as I hear, the latter was with the Earl "at Kenneale fyve or sixe dayes before, and so prepared his forces to serve his purpose for breakinge of the assurance the Satterdaye, and the daye of trewes was the Tewesdaye then next followinge; so that yt appereth plainlie, that yt was a pretended purpose before devised, and so will I stande to prove before the commissioners with all the gentlemen of Englande that were on the grounde that daye. . . And for me to enquire the killer of my said Lorde Russell, and to have a meane man delyvered for yt, were but a small recompence for suche a man as my Lorde Russell was—so that I thinke none is to aunswer yt but the warden of Scotlande, that was the occacion therof, and lett him finde owte the killer. . . . Since Sir William Russelles departinge to London, there is a seminarie preste taken at Tynemowthe by M^r Whytehead and the constable of Tynemowthe, who brought manie lettres with him to sondrie persones in Scotelande, and amonge the rest ane especiall lettre frome the Lorde Clawde Hambleton, with other newes as ye shall perceyve by the contents therof more at large." At my house nigh Alnwick. Signed: John Forster.

1 p. Addressed. Indorsed.

349. Scrope to Walsingham. [Sept. 20.]

As required in your letter of 13^th, I have written again to M^r Wootton requiring expedition of the King's resolution as to the day and place for the commissioners' meeting.

"I am crediblie enformed that there hath ben a verie secreate practise lately discovered unto Morton, aswell for the suddaine surprise of him selfe (as is supposed), as also for the reliefe and enlardgement of Johnston. In which conspiracy and plott intended by the Kinge, Robert Maxwell brother to the said Lorde Maxwell, Capten Frissell and divers others ar greatelie suspected and deepelie chardged, not onelie to have ben privie unto, but also that they should have ben made the principall executores and drawers on of these dangers to Morton. The ground and bothom whereof Morton earnestly protesteth to search into with all circomspeccion and severitie, purposinge to prosecute those confederates which he perceaveth interressed therein, and have formerlie made shewe of their favour and frendshipp to him and his cause. For the knowledge of this plott, the lettres to Jonston lately entercepted, whereof I sente you the compies by my formers, have geven great lighte and furtherance. Whearuppon, to defeate this devise, and avoyde the perill and danger threatened hereby, Morton hath removed Jonston to be straitlye warded at Carlaverocke (a place of the gretteste strength of any in these quarters) comitted his said brother to closse prison and harde handlinge (as by my laste was declared), and dischardged the said Fryssell and the reste of that confederacy, comittinge Fryssell his band of men, to the conductinge of others of better truste and constancy. . . .

There is one William Bailye, a person verie often seene (and greatlie noted) to travell betwixte Arbrothe and Morton with lettres and secrete messages. This Bailye as he returned yesterdaye from Dunfreis, was awayted for by certaine Scottish men, and within the Englyshe border sett upon and verie hardlye escaped untaken; but I knowe he is without hurte delivered of that perill, and gone salflie with his lettres to Arbroth. The wholl surname of the Johnstons have yeilded them selves unto Morton." I refer other matters to M^r Leighe, and beg your remembrance of him with her Majesty in his suit. Carlisle. Signed: H. Scrope.

1 p. Addressed. Indorsed.

350. Scrope to Walsingham. [Sept. 21.]

Since the dispatch yesterday of my last by M^r Leighe, my servant sent to enquire about the two ships advertised in my letter of 18^th, is returned, with information "from one of good accompte, who assureth me that the said shippes do still ryde at ancre at the towne of Ayre, verie well manned, and for their better furnishinge, it is reported certaine ordynaunce hath he transported by crays from Dunbritten and bestowed in the said shippes, that ar otherwaies apparelled accordingly. Furthermore to strengthe the former conceipte of the passinge awaye of Arren, I am by lyke credyte, geven to understand, that the Lady Arren is alredy at the towne of Ayre, where she also expecteth her lorde this nighte or to-morrowe at the furtheste; with whom yt is verely looked, that some other greate personage (fn. 1) will come, and there as ys thoughte, will either byd him adieu, or followe his fortune. Of which later personage, albeit I can geve no greate credyte, yet I wishe thone and thother well considered of, for the tymely preventinge of future inconveniences lykly to followe thereon." Carlisle. Signed: H. Scrope.

½ p. Addressed. Indorsed.

351. Huntyngdon to Walsingham. [Sept. 22.]

I received your letter of the 18^th yesterday, signifying "that the King of Scottes hathe apoynted the 30 of thys instante for the daye of meetynge, and therfore I must frame my selfe to bee at Barwycke by that tyme. In truthe syr, my case ys soche, as allreddye I have advertysyd you, that I must needes before my journey take sum physyke, and therfore I can not possyble bee theare by that tyme." In your letters of 13^th you said that the King should be urged to make satisfaction for the breach of assurance by his warden, and Lord Russell's murder, for which the commissioners were appointed to meet. And Lorde Scrope informed me since that he is one. "So as I have been bolde to enter in to soche course of physyke as I may not on the sooddayne geave yt over, neythyr can I on the sooddayne take soche a journey, tho I shoulde nowe leave my physyke which I have thus begunne. For after Mundaye nexte, I muste needes keape in my chamber close for a few dayes." Sheryfhuton Castle. Signed: H. Huntyngdon.

1 p. Holograph. Addressed. Indorsed. Wafer signet: lion's (?) head, coronet and Garter motto.

352. Scrope to Walsingham. [Sept. 25.]

I have only heard from M^r Wotton yesterday after 10. P.M., that the King appoints our meeting at Rydingburne on Tuesday next the 28^th. As this notice is too short for the commissioners, I was forced to dispatch my man to M^r Wotton, to ask that the meeting might be protracted till Friday next, when I shall be ready with the others to meet the Scottish commissioners. The delay in giving you notice is caused by the King's protracted resolution. Carlisle. Signed: H. Scrope.

Postscript.—He has lately summoned all serviceable men between "Furth and the Marches of England," to attend him with 40 days' victuals for service on four days' warning.

1 p. Addressed. Indorsed. Wafer signet: a shield quarterly—1^st and 4^th, a bend dexter, 2^d, a saltire engrailed, 3^d, 2 bars. Garter motto.

353. Scrope to Walsingham. [Sept. 26.]

I send copy letter from Lord Herris showing how unlikely it is he could be either at the meeting on Tuesday next or that on Friday following. I shall set forward to-morrow to be at Rydingburne on Friday, having warned the other commissioners, and sent M^r Wotton notice with copy of Lord Herris' letter. Carlisle. Signed: H. Scrope.

Postscript.—I will be at Alnwick on Wednesday, unless I hear to the contrary from M^r Wotton.

½ p. Addressed. Indorsed.

Inclosed therein:—

(Herries to Scrope.)

Signifying that the King has sent for him to communicate his pleasure, but he had heard nothing since, and did not know what was to be done, but hoped the meeting would be for the good of the country. "From [ ] Saturday in the morning the xxv^th of September 1585." Herres.

½ p. Copy by Scrope's clerk.

354. Scrope to Walsingham. [Sept. 26. 1585.]

Since his last, M^r Wotton reported the King's postponement of the meeting till the 4^th of October. His own start would be delayed till Wednesday, and he hoped to be at Sir John Forster's on Friday night. Carlisle. Signed: H. Scrope.

½ p. Addressed. Indorsed.

355. Forster to Walsingham. [Sept. 28.]

This morning I have a letter from Sir William Russell that the commissioners first appointed to try Lord Russell's death, are altered; which is strange, for to-day I have Lord Scrope's letter that he and Sir John Selby meet the Scottish Commissioners at the Rydingeborne on Monday next, and that he will be at my house on Friday night, and so ride to Sir John Selby's. I have yet no word of the coming of my Lord President and my Lord Evre, as you wrote. "I pray youe cawse this lettre to be delyvered to Sir William Russell with all speede.

I doo staye the younge Erle untill his fathers funerall be doon, and then will delyver him to my lorde president, accordinge to your former lettre, and then I thinke yt wilbe hard for him to pas consideringe the tyme of the yere." At my house. Signed: John Forster.

1 p. Addressed. Indorsed.

356. The Limits and Division of the Borders. [Sept.]

Divisions of the Marches—Debateable Lands, Berwick bounds, &c.

2 pp. Indorsed: "Collections of Border matters, September 1585." Apparently a partial copy or abstract of No. 76.