Border Papers volume 1: October 1585

Pages 199-210

Calendar of Border Papers: Volume 1, 1560-95. Originally published by Her Majesty's Stationery Office, London, 1894.

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357. Scrope to Walsingham. [Oct. 1.]

Yesternight I received at Hexham, the letters of the Privy Council (with one from you) and a commission for the execution thereof. Being on my way for the sitting of the commissioners, I referred that matter to my deputy Humfrey Musgrave at Carlisle, and Sir Henry Curwen, as "the moste fitteste persons to have the handlinge thereof,"—giving orders for secresy and discretion in their doings. On the day I began this journey, I heard that there was lately intercepted some powder sent for "the shippes knowne to you, which powder thus taken was layed a soake in salte water, beinge all caste into the sea, by some of the Hamiltons—but of this newes I have no good certentye." The news to have been enclosed in your last, "were either forgotten by him that putte upp those lettres, or elles hathe the pacquett ben abased in the carriage." Alnwick. Signed: H. Scrope.

¾ p. Addressed. Indorsed.

358. Scrope and Bowes to Walsingham. [Oct. 5.]

Yesterday I and the commissioners on both sides met at Rydingburne, where we read both commissions, and "perceave (as wee take yt)," that their commission is only to inquire and make trial, not to deliver. "And albeit that by the testemonye of Sir John Forster, the gentlemen and others of both nations, yt shall (as we thinke) manifestly appeare, that Phernyherste is fowle in the breache of the peace, . . . and althoughe there wilbe very greate presumptions to shewe the murther of the Lord Russell to be pretenced, yet we thinke there is no intention to deliver him nether for thone nor the other." Berwick. Signed: H. Scrope, Will'm Bowes.

¾ p. Addressed. Indorsed.

2. Two copies of the same.

Official copies by Walsingham's clerks.

359. Charges against Fernyhurst, &c. [Oct. 11.]

"All issues in tryall doe consist in these twoo heades—in fact, in law. In everie fact is considered the effect, the demeanure in doinge, and the intent.

In this acte nowe in question, whereuppon Farnehirst and his complices are charged, the effect is this.—The realme was entred by force; the assurance broken; men lawfully assembled in Godes peace and their sovereignes, slaine, and those of the best in presence; twenty gentlemen makinge no resistaunce taken prisoners; goodes of greate value taken and carryed awaie.

The demeanure was this.—He compleyned by lettres extant to the Earle of Araine, wherin he showeth him selfe offended uppon a former accident. He prepared newe ensignes with hast. He arraied his people (beinge armed) in ordre of battell with ensignes, penons, guydons, drumes, fyfes, etc. The ensigne carryed by his owne servant, who entred after with the same displayed twoo myles within Englande. He toke a place of advauntage, where he nor his companie coulde be discovered, with winges ordered in suche sorte, that the lord warden lightinge was envyroned. He stoode in battell array with 3000 in numbre by estimation. His maner of cominge was expostulate by the lord warden with the gentlemen attendinge, and misliked. He denyed satisfyinge of the Kinges lettre, signed with his owne hand, commaundinge redresse to one Henry Collingwoodd Englisheman, who beinge eftsones urged by the lord warden for full aunswere, utterly refused with these tearmes,—'I will aunswere the Kinge.' William Stable alias Coulder, one of the boundes of Jedworthe, required twoo Englishmen, servauntes to Mr Thorneton, of a speciail favour, havinge once beene his servant, that they wolde repaire to their master, and keape them on horsebacke, for the daie woulde prove evill. The Lorde Russell was offered to be taken prisoner by William Carr of Ankeram. A volle of shott discharged uppon the Lord Russell, wherin he was slaine. The drumme stroke uppe as it semed, for a token, immediatly uppon the first charge.

The Englishe gentlemen were taken prisoners that were next about bothe the wardens, sundry within a mans lengthe, and were not releived by Farnehirst. Farnehirst drewe his owne sworde. The chace came by Farnehirst, within the distance of forty yeardes, and were not stayed by Farnehirst. The sade chace was followed into England by his whole troupes, ensignes displayed, guidons, etc., wherin Kyrton his water sergiant was taken as a marche traytour by Mr Fennicke of Wallington twoo myles within England. Horses and men taken in England, and carried awaie by the Scottes, 100 or moe. Farnehirst charged in Scotland with the premisses, confessed that his banner was displayed, in the presence of the Kinge, her Majesties ambassadour, divers nobles of Scotland, and Mr Fennicke.

The intent appearethe by the demeanour and effect aforesaide. All which concurringe in one act, is rightly termed and taken for hostillitie, carryinge with it these other horrible crimes of faith breakinge, murther and robery, as accessories accompaninge. Uppon the fact growethe the lawe which is considered in these. The lawe of God, the treaties betwene the princes—the same expounded and confirmed by experyence—the lawe civile—and the lawe of nations.

And first, in the lawe of God. In the mowthe of twoo or three witnesses all trouthe shall stand. Murther ys punyshed by deathe. God will requier bludshed at the handes of men, yea, and of beastes. In the treaties, hostillities are expressly forbydden—Treatie, H. 6, art. 2; H. 8, art. 2, 3. For the which the penaltie is not expressed, as a cryme of higher nature or qualitie then ought to come within the compasse of ordinarye tryall, but is reserved tryable by commissioners; as appearethe by the treatie H. 6, art. 16. The maner no doubt is intended agreable to the lawe of God, and the lawe of nations. The repare of justice not done, and the punishment of the offender is referred to the zeale of Goodes justice in the brest of the prince, to the whiche end, God hathe put the sword into his hand. The other accessary crymes of breache of assuraunce, murther, and robery, in cases where they be principall, are determynable by the wardens by delivery. The third branche.—Experyence hathe expounded and confirmed the honorable and sincere meaninge of the princes within memory, thus:—

Kinge Henry the Seaventh made delivery by his comissioners of Sir William Heron his Majesties officer, to satisfy the murther of Sir Robert Carr lord of Sesforthe, the opposite warden, slaine at a daie of marche in a tumult, by one Staireheade a private man. The Earle of Murton late regent, made delivery of Mr Carmighell then keaper of Liddisdale, to satisfye her Majestie for the breache of assuraunce and slaughter of Sir George Heron and others. By the civile lawe, the partye offended, or his prince compleyninge by his ambassadour to the prince of the offender, yf he be denyed justice in causes pecuniarie, reprisalls are justly graunted by his owne prince to the person so agreaved. In causes crymynall not estimable, as for liefe or lymmes taken awaie, yf justice be denyed, the lawe willethe denouncinge of warr. The reason of the lawe ys, that the subject owethe obedience and service to his prince, and the prince protection to his subjectes. In bothe the cases, his proofes of his owne nation is sufficient, neyther shall the adversary produce witnesses to sweare to the contrary—Iniquum enim est quœri de perjurio.

For punishement, force publique, and armed, ys deathe by the lawe of nations. The assertions above saide in the effect and demeanure, wilbe avowed and proved by the othes of twenty gentlemen of blood and cote armour, who are ready to fortify their othes so to be taken, by combatt with their appeachers of equall condicion.

The ground is auncyent—Grassatio hostilis nisi bellum prius denuntiatum, et inclusum fuerit, est latrocinium.

By the premisses yt appearethe, that Farnehirst and his complicies are justly charged; the proofe is lawfull; the fylinge not avoydable; and therefore, our demaund already made, to have him and his complicies delivered, is just."

pp. Draft, corrected by Dr Colmar, who inserts the Latin quotations.

2 Another copy. There is also one in The Laws of the Marches, M.S. (Vol. II., fol. 104) with some variations.

360. Reply to the Scottish Commissioners. [Oct.]

[The Scottish Commissioners had answered No. 359, to which this is a rejoinder.]

pp. Official copy by Walsingham's clerk.

2. Another copy.

3 pp. Indorsed. "A . . . of a replye to the aunswer of the Scotish Commissioners."

361. Scrope to Walsingham. [Oct. 7.]

The inclosed from the ambassador, will show you the King's purpose against the Earl of Morton, and I crave her Majesty's pleasure and direction whether I shall repair to my own charge, where my presence might avoid inconvenients in my absence, and, in case Morton should happen to be distressed, how I shall demean myself towards him for his relief or otherwise.

"We have presentely redy with us Sir John Forster and the gentlemen of England, with purpose to have offered their advouchye this daye before the Scottishe comissioners, aswell in the breache of the peace as the murther of the Lorde Russell, which purpose of oures hath ben for this daye defeated, by reason of thincomodity of the wether and waters, not permittinge us to meete. . . Yet tomorrowe we truste to performe this intencion or receave their refusall. . . But touchinge myne owne opynyon for the dilivery of Phernyherst, I verely thinke they never had any intencion to satisfy in this respecte." Berwick. Signed: H. Scrope.

1 p. Addressed. Indorsed.

362. Scrope to Walsingham. [Oct. 9.]

The copies of our allegacions and answers thereto by the Scottish commissioners sent to the Council, will show you our proceedings, and the disposition of the King and them to make due satisfaction. Though it is plain that a manifest breach of peace is found in Fernyherst, yet they will allow none by their answer. Nor could we obtain his delivery "as a fowle man in respect of the apparance of his facte with others Scottsmen his accomplices." They could not do so till they acquainted the King, and had his instructions—and we have moved our ambassador to travail with the King for his delivery on Friday next.

Neither Sir John Forster nor we have procured any Scotsman to avouch the murder—but he offers to bring sufficient "vowers" both Scots and English, for the breach of peace, and there are great presumptions that the murder was "of malice precogitate and intended before hand.

I am very crediblie informed that the Kinge will admitt the Earle of Arren to his presence with favour, and hath appointed him to make his repaire to Courte uppon Sundaye nexte." Berwick. Signed: H. Scrope.

pp. Addressed. Indorsed. Armorial wafer signet as before.

2. Fair copy of same.

363. Christofer Dacres to Walsingham. [Oct. 9.]

Besides the letter from the Commissioners here, "I ame so bold, with the privytie of my Lorde Scroope principall in that commission, to send unto your honour a brefe note of certen doubts, wherin some of us the commissioners desire to be resolved, havinge nowe this convenyent tyme of sparing before our next meetinge—desyringe your gud advice in answer to the same,—havinge thought mete also to send withall inclosed the block of a replie to be made to the answer that we have received frome the opposyte commissioners; and nowe sent up acording to my simple skill; wherin albeit there may want some gud forme, yet I knowe there is no lack of anye gud will according to dewtye—desyring it might please you to cause the same to be reformed into some better forme and retorned, as to your honour shall seme gud, for our better redines against our next metinge." Signed: Chr. Dacre.

1 p. Holograph. Addressed. Indorsed.

2. Another copy. By Walsingham's clerk.

Inclosed in the above:—

"Dowbtes wherin hir Majestes commissioners desire to be resolved."

1. If English witnesses not allowed, whether we may examine Farnyhirst and some of the other Scotsmen on the field.

2. Whether to examine any witness of the opposite party, which the Scots desire, offering to allow English witnesses. "This offer they made by woord, after their answer in wryting delivered."

3. Whether to examine Farnyhirst and other Scotsmen only, first, and if found insufficient, then to allow their other witnesses, rather than lose ours.

4. Little proof against Arran, saving presumptions from Farnyhurst's son being with him lately. Hence Arran was left out of the bill.

5. There is some suspicion they have found out one as guilty of Lord Russell's murder, thinking to be discharged by delivering him. Sir John Forster and myself think it no hindrance to the case to let them proceed therein, as some further matter might fall out to include others. "Sir I desire yt may please your honour to retorne this agane with your gud advice to the same."

2 pp. Holograph of Dacre. Another copy in official writing, also two clauses of a document of like nature, and copy of the list of those charged with Lord Russell's murder.

364. Dr Colemor to Walsingham. [Oct. 9.]

As your honour directed, I attended on Lord Scrope and the other Commissioners at Berwick and Fouldam, and for the better furthering of the service, brought with me on my own charge, two public notaries ready to assist them. The chief points of this enquiry are three—the violation of the treaty, the breach of the assurance, and the murder of Lord Russell. The "too first pointes" I drew into one allegation, resolved into certain articles of the principal circumstances as delivered by the gentlemen of Northumberland ready to prove them. For the third point I drew into certain interrogatories all such indicia or conjectural arguments, as our civil law yields, in like cases, either for conviction in case of proof, or for torture upon vehement presumption. But these were not ministered, for on conference with the gentlemen, they could little or nothing relieve us. They also refused the allegation and articles touching the breach of peace and assurance, choosing rather to proceed by way of bill, to satisfy the importunity of the other Commissioners who desired it. From this I "dehorted" them by showing the inconveniences, and on better advice, they thought good I should transform the bill into the allegation as appears in the copy of it sent to your honour. The opposite Commissioners have laid in contrary matter which I wish our Commissioners had rejected, having no commission to receive such, being a "retardation" of justice. As in their answer, they refuse to concur with us in trial of our grievances, this was a good and very opportune occasion for our Commissioners (on the persuasion of Lord Scrope and Mr William Bowes) to demand delivery of Sir Thomas Carr the party delinquent, on which the opposite Commissioners have delayed answer till the 15th instant, to which day our conference is prorogued.

"I wrote not longe sithence unto your honour to stand my good master and freind in a sute which I have unto hir Majestie in an advowson of the parsonage of Middleton in Teasedale. My Lord of Rutland hath undertaken by meanes to procure yt, and I ame to consider the partie for his paines taken, to my some charge. I beseech your honour. . . to further the same." Berwick. Signed: Clement Colemor.

2 pp. Addressed. Indorsed. Wafer signet: an antique head. Another copy in the hand of Walsingham's clerk.

365. Sir William Bowes to Walsingham. [Oct. 9.]

Besides our general letters, I have thought meet to address you on the state of this cause. Finding small chance of redress by the ordinary trial of the Borders, we have charged Farnehirst and his accomplices, principally, with hostility, and accessorily, with breach of assurance, murder of Lord Russell, and robbery, supported by such reasons as in the abstract herewith sent, will appear. Berwick. Signed: Will'm Bowes.

1 p. Addressed. Indorsed: "9 Octob. 1585. From Sir Will'm Bowes."

366. Wotton to Scrope. [Oct. 12.]

On receipt of your letter by Mr Carvell, I directed Mr Milles to the Court, for the King's answer (my self being ill at ease), who required the Master of Graie to procure his graces answer as he termed it categorice.

The King seemed much moved at your peremptoriness, saying it was as much as if I had sent to know whether he would have war or peace—but in his answer he did thus distinguish. "If (said he) the demaund bee that I should yeeld justice according to the strictnes of the lawes, therein I have given all absolute power and autoritie as myself to my Commissioners, yea to deliver Farniherst if hee bee found fowle. But if the demaund bee what I will doe in curtisie and favoure extraordinaryly, in case the matter fall out so intricate that it can not be tried by any ordinarie course—that is another question, and it shalbee seene what I will doe to satisfie the Queene when I shall bee required. It was replied that notarietas facti did plainely convince Farniherst, and that therefore it was needles to examine the matter per notarietatem juris, that is by avowrie—butt to that it was answered againe, that albeeit the fact were apparent, yet it was still in question, who did the fact, whether hee were Scott or Englishman. In which point his grace was first to heare from his Commissioners beefore hee would make answere directly to your lordships lettre as it was penned. Immediatly after Mr Milles returne, the King sent unto mee Mr George Younge to signifie his graces great desire to satisfie her Majestie by any honorable sorte hee might, and requested of me an extract of the wordes of your instructions inserted in your lordships lettre, to compare them with the wordes and forme of your commission, pretending some contradiction, or at the least some want of concurrencie the one with the other." The King seems in perplexity, but this is all the answer I could get.

2 pp. Copy in the writing of Walsingham's clerk.

367. [Scrope and others to Walsingham.] [Oct. 16.]

"Copie of the note in paper broughte by Mr George Younge 16 Octobris 1585.

Soone after was dispatched Mr George Young with a paper signed with the Kinges hand as an appendix or complement of the former commission, whereupon we weare advertised from the opposite Commissioners that theie had received further instructions from the King, and required our meeting upon Saturdaie the xvjth of this instant—at which time, protesting the Kings good disposition and sinceritie, theie showed us the said paper, butt denied us a copie thereof." The effect of it was that though in the former commission he had given general powers "etc.," now, if Farniherst is lawfully found guilty of breach of assurance, or the murder, by "precogitate intent," they shall deliver him or any other, yea even the Lord Chancellor.

The defect of this is—that while it seems to enlarge their authority in delivery, it leaves out the "breach of the peace," into which they were authorised to enquire, for which this paper directs no delivery. This may depend on the "conceit" in their answer, that the peace cannot be broken, which I think they ground upon the treaty, that peace shall not end till war is denounced under the Great Seal, admitting no difference between ending and violating—the cause and the effect. "Whereas the wordes are these—Treaty H. 8, art. 4—Quod neuter dictorum principum eorumve aut eorum alterius subditi dictum perpetuae pacis fœdus aut aliquem articulum in eodem comprehensum, violabit, diminuet, dissolvet, aut violabunt, diminuent, aut dissolvent etc. The same purpose appeereth in their commission, which carrieng the same wordes with ours, mutatis mutandis, in the clause. Whereas ours hath (and the peace broke), theie have (to the hazard of the breache of peace). And yet in the later parte giveth autoritie to inquire of breach of the common peace after assurance given, intending peradventure at more need to distinguish betweene the common peace and the truce."

2 pp. Copy in the same official writing.

368. Forster to Walsingham. [Oct. 13.]

"I send youe here inclosed a lettre sent unto me frome the Lorde Hambleton, and . . . a lettre sent unto me frome the Maiour of Newcastle, together with the examinacion of one Whyteman touching certen counterfett coyne, which I send also here inclosed. . . I examined Jock Younge and others, who doo alledge unto me that this counterfett coyne was received among other monie at London." I am glad to hear the Council's pleasure touching the poor man now in prison at Newcastle, who as I understand received the money ignorantly at Wooddrington.

I and a great company of the gentlemen of this March attended the Commissioners at Berwick for a whole week, but Farnehirst never appeared, with which we found great fault, and at the last "we came our wayes." The Scots have put in a replication with many falsehoods in it, and neither I nor any of the other gentlemen can be witnesses. So I expect nothing but delay whatever is promised.

"I ame crediblie enformed that the Kinge dyd sett forward to Kencarne the Erle of Montrosses, xviij myles beyonde Sterlinge, on Frydaye or Satterdaye last, and the occacion of his removinge frome thence was the extremitie of the plage there; and frome thence he departed to the towne of Montrosse distant frome Kencarne xlvj myles towards the northe. So that yt is verie unlike that he setts forward towards the Lorde Maxwell the xxth of this moneth." At my house nigh Alnwick. Signed: John Forster.

1 p. Addressed. Indorsed. Wafer signet as before.

369. Scrope to Walsingham. [Oct. 14.]

Concerning the King's answer to the demand of the ambassador for the delivery of Phernehirste, I refer you to the report of this bearer Mr Milles, who received the same. Confirming my former opinion, certified to you, that the King means nothing less than the delivery.

I verily think my stay here will hardly effect success of the affair in hand, but that I should be of more service in my own charge, to prevent the disorders likely to ensue on the King's repair to Dunfries about the 22d of this instant. But I shall conform myself to her Majesty's good pleasure. Berwick. Signed: H. Scrope.

1 p. Addressed. Indorsed.

2. Another copy. By Walsingham's clerk.

370. Walsingham to Scrope, &c. [Oct. 16.]

The Queen finds the answer of the Scottish Commissioners "very weake and impertinent," and the excuse made for Farnehirst's attending with at least 2000 men armed, while the English were but 300 and unarmed, an evasion. It was well alleged by you, her Majesty thinks, that this case is extraordinary, the nobleman slain being no borderer or common person, but for birth and quality a principal member of this state. She recalls the two instances of redress for breach of peace—that of Heron the English warden delivered to Scotland by Henry 7th, and "th'other of fresher memorye," by Scotland in the late regent's time, when Carmighell keeper of Liddesdale and six or eight noblemen were delivered to England as hostages for the disorder committed at the Redswyre—which examples her Majesty conceived would be followed—if keeping the peace between the crowns was an object. You shall receive her farther pleasure, if the Scottish Commissioners have no further direction to yield satisfaction.

pp. Draft corrected by Walsingham. Indorsed: "1585, Oct. 16. M. to the Lorde Scroope and the rest of the Commissioners."

2. A fair copy by his clerk.

371. Dacre to Walsingham. [Oct. 19.]

Being at more leisure than when I formerly wrote, I send a "brefe" collection of the state of proofs I have gathered, touching the trial of the matters against Pharnihirst and his complices, and trust the departure of the Commissioners will be so arranged as to give the borderers no cause to think the peace between the kingdoms broken off. Berwick. Signed: Chr. Dacre.

1 p. Holograph. Addressed. Indorsed.

2. Another copy in the official writing.

Inclosed with the above:—

The Memoranda by Dacre, under 5 heads, and a copy in the same official handwriting.

372. Woddryngton to Walsingham. [Oct. 20.]

"Upon the triall of this bearer Richard Brigges his good and honest service whilst he remained with me, I cannot but signifye the same accordingly. As also his earnest desire to passe into Fraunce for learing of the langwage with my good will and licence (had not this unhappy event by evell companye intercepted him). Wherin I shall beseeche your honour to concreditt the certifficat of his innocency, mentioned in the King his Majesties lettre." And if it be your pleasure to support and countenance him, you will find him thankful and dutyful, whatsoever complaints notwithstanding. Berwick. Signed: Henry Woddryngton.

½ p. Addressed. Indorsed. Wafer signet: a bull's head and neck erased. Leg.: " . . . Woddrington . . . "

373. Scrope to Walsingham. [Oct. 21.]

I refer you to our general letter sent herewith, showing our proceedings—being determined for my own part to persist in demanding Farnehirst as apparently foul, till otherwise directed by her Majesty. The King has deferred his repair to the Borders till the 3d of next month.

I must heartily pray you to move my Lord Treasurer to grant his warrant for 200l. to Mr Clopton, to be paid by him to the soldiers on the West Border by way of imprest, to be allowed to him in his next account to be made to her Majesty about "Candlemas," as usual. Berwick. Signed: H. Scrope.

1 p. Addressed. Indorsed.

374. Sir William Bowes to Walsingham. [Oct. 21.]

Referring him to their general letter, and giving a brief account of the chief arguments for and against the delivery of Farnehirst. Berwick. Signed: Will'm Bowes.

1 p. Addressed. Indorsed: "From Mr William Bowes."

2. A fair official copy of the same.

375. Scrope, &c., to Walsingham. [Oct. 21. 1585.]

The King's answer has been already made known to you by Lord Scrope's letter and Mr Millies' report. Soon after, Mr George Younge was dispatched with a paper signed by the King and Council as an appendix to the former commission, and on Saturday the 16th instant, we met the opposite Commissioners at their request, who protested the King's sincerity and showed us the paper, authorizing delivery of Farnehirst or any other, if found guilty of "precogitate intent." We adhered to our demand for present delivery. "This theie denied to doo before (as theie tearmed it) lawfull triall." We offered to proceed with our further proofs if they required them and would determine the case. "Here wee travelled as in a periode or circle with fruteles recitall of that was said before. Yesterdaie theie charged us with delaie, the Lorde Herris seeming as though hee was to make his repaire to the Kinge to signifie so much unto him. But another reason which was (said hee) the entrie of the Kinges rebelles into the realme."

pp. Official contemporary hand as before.

376. Scrope to Walsingham. [Oct. 23.]

We received your letter of 16th on the 21st, and before it arrived had travelled with the opposite Commissioners in every particular head, member, and reason therein, except one or two, and I refer you to our general letter to be immediately (God willing) sent off. This day we have met only with Coldingknowlles and Allexander Hume of Hutonhall (the Lord Herris being said to be gone to the King, and the other commissioner absent). With these two we have insisted as before for delivery of Pherneherste, and received their usual dilatory answer, that they must first acquaint the King and receive his instructions which I think will be the same as Mr Young brought, and you know. Our service here being so unprofitable, I trust her Majesty will revoke and dismiss me from this place. "Therles do yet abyde at Kelsey. ThErle Bothwell, the Lorde Hume, Coldingknowlles and the goodman of Hutonhall, ar fallen to theim, and have already spoken with them. Yt is also thought here that Cesford and the whole surname of the Humes (Maunderston and one other only excepted) will take their parte. The Kinge is presentlie at Sterlinge, where it is sayed that Aren will be either this nighte or tomorrowe at the furtheste. Arren hath sounded dromme for the entertayninge of horsemen, offeringe xvjd a daye to as many as will come." I enclose this little packet (out of Scotland) to Mr Milles, and these others to Mr Wotton. Berwick. Signed: H. Scrope.

1 p. Addressed. Indorsed: "23d October 1585. From the L. Scroope. No hope of the delivery of Farnihurst. Desire to be revoked."

2. Another copy in the same official hand as before.

377. Scrope, &c., to Walsingham. [Oct. 24.]

We yesterday met Sir James Hume of Coldingknowlles and Allexander Hume of Hutonhall (Lord Herris and Allexander Hume of Northbarwic being absent) and repeated our former reasons, as directed by you, to which they answered little or nothing, and after replying to their answer we began where we left, requiring absolute answer as to the delivery of Pherneherste—to which they made their usual dilatory answer, and so we departed. Berwick. Signed: H. Scrope, Jhon Selbye, Will'm Bowes, Chr. Dacre.

1 p. Addressed. Indorsed.

2. Another copy in the same official hand as before.

378. Christofer Dacre to Walsingham. [Oct. 24.]

Expressing his opinion that if the case had gone to trial, many of those present might have been found guilty of breach of the peace and assurance, and thus "being in her Majesties dainger," some might have told the truth about the murder of Lord Russell, to save their own lives. And enclosing a note of his reasons for so thinking. Berwick. Signed: Chr. Dacre.

1 p. Holograph. Addressed. Indorsed.

2. Another copy in the same official hand, with "the note spoken of in the lettre"—in same writing.

379. Forster to Walsingham. [Oct. 25.]

I have your letter of the 20th instant, "lettinge me understande therbye that her Majestie is offended with me for not sendinge the younge Erle of Bedforde unto my lorde president, accordinge to her direccion—which was doon fowre dayes before the cominge of your lettre. And the occacion of his staye so longe was untill his fathers funerall was solemnised, and the wether so extreame in theis partes, and the waters so greate, that a greate parte of the corne in theis partes is yett to gett in; so that I thinke yt be verie harde for him to pas consideringe his yeres and tendernes of nature.

The Lorde Hambleton was with me before his departure into Scotlande, and made a greate mone unto me for wante of monie, this tyme of his necessitie, which he said unto me would be ane hinderance and overthrowe of their accion. Wherupon I persumed to healp him with the monie which I had, and lent him the some of two hundreth poundes. And he hath left me in gage therof the Counies of Castle (fn. 1) his wife, and his eldest sonne,—besechinge your honour that yf her Majestie have anye occacion to imploye anye monie in theis partes, that ye wilbe so good as to disburs the some of fowre hundreth poundes for me unto Sir George Careye, beinge the last payement which I have to make unto him, for the ease and saftie of the carriage therof, and I shall not faile God willinge, to repaye the same accordinge as yt shall please your honour to appointe." At my house nigh Alnwick. Signed: John Forster.

"Postscript.—Since the departure of the Erles, I receyved a lettre frome the Lorde Bothewell, the Erle of Anguse, the Lorde Hewme, the Mr of Glams, and the younge Larde of Cesford, requiringe me to staye my marches frome makinge any invasions upon their romes or. . ., (fn. 2) or Cesfords wardenrye—which is all that Pharnihyrst had—because they take the hole force of the Borders with them—which I have doon accordingly."

1 p. Addressed. Indorsed.

380. Humfray Musgrave to Walsingham. [Oct. 26.]

"Having this pacquet of lettres comended unto me and to be conveighed unto youre honour frome Mr John Colven at his going into Scotland with my Lorde of Arbrothe, I have thought yt no lesse then my dewtye (beyng here my Lorde Scrope his deputye nowe in his lordship abscence), to dyspatche the same to your honour with suche convenyent speade as posseblye I coulde. With further certyfycat that my Lorde of Arbrothe entred Scotlande on Sondaye laste beynge the xxiiijth of this instante Octobre, where, of the mooste parte of the borderers of that realme, he was joyfullye receyved. An ymmynant proffe that his cause ys not onlye favored and well lyked of, but also to have that good successe as shalbe to the contentment of all those that wysshethe his lordship well." Carlisle. Signed: Humfray Musgrave.

½ p. Addressed. Indorsed.

381. Scrope to Walsingham. [Oct. 28. 1585.]

Your letter of 21st came to my hands this morning—showing the great slackness of the posts, who ordinarily "make" 5 days in delivering your letters both here and at Carlisle. I see her Majesty's pleasure is that I remain here till the King's answer as to delivery of Pherneherste is received—but hitherto we have no other than that already advertised. And moreover Sir James Hume and Alexander Hume of Hutonhall have joined the Earls and are at present with them "in Marche," and we have not seen Lord Herries and Hume of Northbarwic these 10 days, and know not where to send to them.

"I shall do my best to make choise of such an apte person as I maye imploy for intellegence with the lordes latly fled, . . albeit this will be verie difficulte to me in this place." I have also ordered my deputy Humfrey Musgrave to forward to you all letters and news from them, also yours to them. I send inclosed a note of the doings and present affairs of the Earls. Berwick. Signed: H. Scrope.

1 p. Addressed. Indorsed.

382. Forster to Walsingham. [Oct. 29.]

Since my last letter I have intelligence from Scotland "that the Lorde Hambleton with the rest of the lords, are altogether at Hambleton this night, with all the hole powre of the Borders; and that Bucclewghe was at Peoples (fn. 3) with Coronell Steward upon Wennesdaye, but he is nowe with the Erles, and hath subscribed to their procedings. I ame advertised that the Erle of Athell and the Master of Graye have entred upon St Johnston and raysed fier and entred in blud with a thowsand in companie."

I enclose a letter received from some of the noblemen of Scotland, and have taken order that none under my rule shall trouble the Borders, till these matters come to some stay. At my house nigh Alnwick. Signed: John Forster.

¾ p. Addressed. Indorsed.

Inclosed in the above:—

(Angus &c. to Forster.)

"Sir.—Being apon the point off our erand, and having begon our journay we ar com to Jedburgh, quhair we war thankfullie resavit, obedience and assistance grantit be the inhabitants thairoff to this our guid cause; with quhom we understand yow to be commovit for the lait lamentable accident off my Lord Russellis death, the revenge quhairoff we ar and salbe found maist redie to craive and assist. Your honour knawis the forme that thair lait provest the Lard of Fairneherst hes usit, and at that tyme usit toward thame, be his chargis purchassit to compell and enforce thame to pas with him, not making that communitie previe to anie devys he had in head. In respect quhairoff, we haiffing confidence in your affection toward us and our cause, man be intercessours and suters at your hand that they be untroublit and unmolestit untill the tyme that this mater may tak som stay. And giff anie within this burgh may be attainted or suspectit off that fact, we wilbe als bent to the punischment of tham as ye can wisch us. Quhairoff your honour sall haiff experience as occasion salbe ministred. . . . At Jedburcht this xxviij off October 1585. Your honours maist assured freyndis. Signed: Anguss, Bothuell, Mar, Alexr L. Home, Tho. Mr Glammis."

½ p. Addressed.

383. Walsingham to Scrope. [Oct. 30.]

Her Majesty being made acquainted with the contents of his letter of 23d,—seeing that some of the Scots commissioners cannot now be present " by reason of the late accident happened in that realm," thinks meet that Scrope and the other gentlemen shall withdraw to their charges and places of abode, with her thanks for their travail and pains in this service.

½ p. A draft. Indorsed: "1585 Octobr. 30. M. to the L. Scroope."

384. Humfray Musgrave to Walsingham. [Oct. 31.]

Sending him "thes inclossed," which he had received, and awaiting his direction if he had done more than he ought. Carlisle. Signed: Humfray Musgrave.

½ p. Holograph. Addressed. Indorsed.

Inclosed (possibly) in the above:—

Allegations of the Commissioners appointed by the Queen to enquire into the death of Lord Russell, with the answers of the Scottish Commissioners to the same.

11 pp. Apparently written by Richard Bell Scrope's clerk, in whose writing another copy will be found.—Laws of Marches, Vol. II. fols. 104–110. S.P. Dom. Edw. 6, Addenda, Vol. VI.


  • 1. Cassillis.
  • 2. Illegible.
  • 3. Peebles.