Calendar of Border Papers: Volume 2, 1595-1603. Originally published by Her Majesty's Stationery Office, London, 1896.
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228. Award by Sir John Forster. [March.]
Addressed, "to all Christiane people," relates the deadly and detestable feuds existing between the Ogles, Wooddringtons, Fenwicks, Herons, Ramesis, Selbyes, Shaftowes, Mydfordes, Ridleys, Eringtons, Lawrences, Thorntons, Aynesbyes, Clennells, Paustons, Halls, Reades, Hedlyes, Pottes, Charltons, Robsons, Doddes, Hunters, Mylbornes, and Readheads, "loyall and dutyfull subjectes of England," and the Ellotes, Armestrongs, Crosers, Nixsons, Nobles, Larences, Hendersons, Batysons, Sympsons and Lyttles, "lawfull and leige subjectes of Scotland,"—that the original offenders being slain and justified, the innocent "unborn when the quarrell begane," cruelly murdered, and so on from generation to generation, contrary to the laws of "Godd and nature and all other polliticke lawes," the above surnames, considering their duty as professed Christians and loyal subjects for pacifying their feuds, submitted them to the "arbytrament, order, dome and judgment" of Sir John Forster, knight, lord warden of the Middle Marches of England, who after due deliberation, hearing, &c., decreed that all blood feuds should cease, and offences hereafter by one nation on the other, should be referred to the decision of four "indifferent" gentlemen, two of each nation, chosen by the parties, &c. [with other minute provisions]. The award in two parts indented, one remaining with the surnames of Scotland, is subscribed the 1st day of March 28 Elizabeth [1585–86], the other part remaining with those of England subscribed same day.
John Forster, Robert Ellot, Martin Ellot, Will'm Ellot, Gawen Ellot, Jhon Ellot, Edward Lorane, Gilbert Lorane, Georg Armstronge, David Ellot, John Ellot, Arche Ellot, William Ellot, John Ellot, Henry Nixon, Georg Nikson, Georg Simpson, John Henderson, Gilbert Forster, John Henderson, John Noble.
2 pp. Broad sheet. The signatures all in one hand. Indorsed: "Martij 1595. Coppie of an awarde made by Sir John Foster warden . . . betwixt certain surnames of the Englishe and Scottishe borderers, for the appeasing of deadly foedes arisen amongst them."
229. Richard Swifte to Burghley. [March 3.]
Praying his consideration for the heavy charges incurred in providing Berwick, through the great haste and dearth, which last he hopes will shortly cease, as it shows signs of abating. Signed: Rich. Swifte.
1 p. Indorsed.
230. John Carey to Burghley. [March 6. 1595–96.]
On receipt of your honour's letter of 10th by one Robert Simpson, in his behalf for 2 packs of cloth, stayed by the searcher here, I summoned the searcher and mayor, and in Simpson's presence, ordered the searcher to deliver the goods as commanded in your letter shown to him—which he refusing, or even to show them to Simpson, who offered bond in treble value to redeliver them, if "convinced by lawe," I caused the mayor to ward him in the "Toleboothe," till your farther pleasure—which is no satisfaction to Simpson, who by this "obstinate delay" is forced to repair again to your lordship, to his great loss, and the discouragement of other merchants. Berwick. Signed: Jhon Carey.
1 p. Addressed. Indorsed. Swan wafer signet.
231. Earl of Northumberland to Sir Robert Cecil. [March 10.]
I entreat your favour, for your father and some of the Council's letters to the wardens of the East and Middle Marches for succour of some poor tenants of Tindale (some her Majesty's some mine) who had a very great loss the last great rode of the Scots into England "tou" years past. Part was answered under the bands of some English gentlemen of the East March, to satisfy on behalf of the Scots—Mr Lawson, Mr Wallis, and Mr William Wallis—but the rest is not, for the warden of the Middle March, where the "bouties" were done, cannot arrest, it is alleged, those under government of the East, though there are contrary precedents. But this is a device to hinder these poor men's claim on the Scots, for I am sure these gentlemen have good bands from "Bauclewgh and Ceesford," who will not suffer them to incur danger for their sakes. I refer further particulars to this bearer, who is the chief prosecutor of the cause. How necessary and righteous my demand is, I leave to your judgment—it is not for my own sake only, but for her Majesty's subjects, and the restitution will come from strangers to our own people. Petworth. Signed: Northumberland.
1 p. Holograph. Addressed. Indorsed.
232. Eure to Burghley. [March 10.]
"I receaved unspeakeable comforth" in her Majesty's princely acceptance of my doings, humbly beseeching your lordship "to present my humble and loyall service." Her gracious remission of Sir John Forster "his greate inexcusable falte," I trust will enable him to assist me in her service, and labour to repair the decay here, though he never can make satisfaction.
As you think the 18d. per diem too much for the light horse here, since the Queen allows no more for the demi-lances in the Low Countries, I humbly move for 16d. if thought good.
If a muster here were made about Easter, and the defects supplied about May day, you would remedy the defects in time. Buccleuch has gathered his forces and strengthened his houses at Hawick and Armitage—labours peace and seeks grace with our sovereign. How he stands with the King I cannot "justifie"—some say the King envies him for Bothwell's faction, himself and his followers vaunt his favour—and that Cesford's hostility causes his musters—for most or all of Liddesdale are joined with him "by oathe and scripte." Yet I can get no redress of bills from him either before or since his entry. He looks for a day of truce "being keper of Lyddesdale, as if he were the warden." I beg to know her Majesty's direction herein, having hitherto forborne to meet him in public justice.
Sir Robert Carr again, is made of the King's Council, highly graced with favour, has reconciled certain feuds of his own name, by the King's assistance. Lord Hume as is thought, aids him by the King's command against Buccleuch. The King himself is hunting in the Merse with Hume. Sir William Kerr is either dying or dead. Sir Frauncis Drake is said (in Scotland) to be straightly beset or likely to be, by the Spaniards: God send him as happy a return as "hath been in his procedinge." Robert Mooer, Bothwell's agent, is now back at Newcastle, and lies with the Laird of Netherie. Will your lordship have him winked at or apprehended? Buccleuch works strongly by him. Hexham. Signed: Ra. Eure.
Postscript:—Your lordship addresses my letters to the postmaster of Morpeth to be forwarded. I have been but one night there, when I conferred with the gentlemen about as to service.
1½ pp. Addressed. Indorsed.
233. Sir John Forster to Burghley. [March 11.]
I give your honour most hearty thanks for your letter of 3d instant. Where it is said by the report of the late Earl of Huntingdon, that the miserable state of the Middle Marches was through my misgovernment and negligence (his death being supposed to be caused by his grief thereat), and there were but 136 horses and 8 petronels therein: I assure you this is not the "4 parte," for at the time the muster was taken, one half the country was not warned, and the weather and waters were so tempestuous and outrageous that the men could not get to the places appointed. And it was credibly reported to me that at the coming "of my honourable good frende the Lord Eure to Hexham," he was met by 300 able horse, saying he did not think there had been so many in the Marches—who I hope will affirm the same, if required by you. And if her Majesty pleased to have a new commission, I trust there will no such decay be found, provided they allow such horses as hitherto considered sufficient for our border service.
I must sue your lordship for her Majesty's leave for my return to my own country, where I shall be ready to answer all charges. My stay here is neither good to the country, but great loss to me—for since I came to Durham, the Scots have stolen divers "dryftes" of sheep: this last week no less than 200 or 300 at one "dryfte," which were followed and rescued 5 miles within Scotland. I have sent this bearer Mr Anthony Felton, to attend your honour for my dispatch from this. Durham. Signed: John Forster.
1 p. Addressed. Indorsed. Forster's armorial wafer signet.
234. Eure to Burghley. [March 13.]
It has pleased the Council of York, the sheriffs, &c., to allot 70 horse out of Yorkshire and 10 out of the Bishopric. The Yorkshire men to be delivered to Raiphe Mansfeld my captain of Harbottel on the 18th instant at furthest, the other 10 on the 20th before Lady day.
I hear the Bishop intends to sue your lordship to exempt them from these 10, pleading their privilege only to serve on the borders with their levies on their own charges for 14 days, and then take the Queen's pay if they stay longer. So if it pleased you, these 10 might be taken from Yorkshire, and the Bishopric to furnish 20 under their said privilege.
The men coming I divide thus—20 about Hawtwissell and Haydon briggs, 20 about Simondburne castle and Chipchase and Bellinghame, 20 at Harbottell, and 20 at Alnhame. I want horsemen "to plante" about myself here, unless the bishopric furnish the 20. Alnhame and Harbottel are the weakest places, for Liddesdale and Tevidale lie most open to them—and Cesford's people have made many inroads in Cookdale since my entry. By the gentlemen's certificate there are no fit horse there, but there are above 200 Scotsmen, Scots women married, and Scots servants hired, dwelling there. Awaiting your opinion on the division of the men. Hexham. Signed: Ra. Eure.
¾ p. Addressed. Indorsed. Wafer signet as before.
235. Eure to Burghley. [March 13.]
Sir John Forster now having my letter to her Majesty in his behalf, is a suitor through your lordship for her favour, acknowledging his fault. I trust he will now cause his tenants now "defected," to muster by May day next, and I pray you to enjoin him not to cross any service now in hand, though contrary to his old practice—and use his old familiarity with Scotland and here, to procure justice by March law and the Queen's, not after "the rude maner" of Northumberland.
Praying your remembrance of the decayed gaol here and also Harbottel, whereof the bearer Mr Felton surveyor of the Queen's lands and woods, will give a true report, for speedy repair next spring, and also declare the state of the country without excuse of Sir John Forster. Hexham. Signed: Ra. Eure.
1 p. Addressed. Indorsed.
236. John Carey to Burghley. [March 18.]
My slackness in writing is only for want of matter, for I have now nothing to do with country affairs, as my brother Sir Robert Carey is captain of Norham and deputy warden to "my lord." Of late the King startled us a little, for on Saturday last the 13th, he set out from Edinburgh, reaching Dunglasse, Lord Hume's house, that night, where he lay all Sunday night. Whereof I heard, and that he was coming a hunting this way, and set divers horsemen "scuring abrode in the Boundes." On Monday he left Dunglasse hunting this way, and by 9 A.M. he was spied very near the Bound road, with not more than 10 or 12 horse. Presently he joined his company, who were in the fields till that night. The Duke, the Earl of Marre, Lord Hume, Sir George Hume and others, went with him that night to the Laird of "Beeleys," 6 miles from Berwick, neither laird nor lady being at home. I sent out horsemen, one half all night, the other all day, to watch the bounds and know what became of him. On Tuesday he went from Beeley back to Dunglasse, meaning to go to Spott, and so to Edinburgh. But as he is still at Dunglasse, I mean to hold on my double watch and ward, till I hear he is in Edinburgh, "being loath under couller of hunting, he shoulde catche a haire so neare us." He neither sent to us nor we to him, but the gunners were all ready, and other things if he had come into the Bounds; which he neither desired nor did. Berwick. Signed: Jhon Carey.
1¼ pp. Addressed. Indorsed. Swan wafer signet.
237. Scrope's Report of Buccleuch, &c. [March 18.]
A breviate of part of Buccleuch's dealings with me since he became keeper of Liddesdale, in justice touching the borders, and the taking and detaining William Armstronge alias Will of Kynmont.
Bucclough's messages and letters, extant with me, carried always "in there front, a note of pryde in him selfe and of his skorne towardes me," as is seen in their intitling and method—a backwardness to justice, except that kind that he desired, which was solely for the profit of his own friends, and showed his disposition to disquiet the frontier, and disturb the peace between the princes. Which may be better proved by his incursions and outrages in this office, which I am informed he has procured to be done, besides those said to have been made by himself in person, "as once, to have apprehended Geordies Sandie, to have theirby not so much made his owne amendes, as quenched his mallice against the partie, and geven the bravado unto my selfe, by riding within myne office contrarie to the treatie—as also afterwards he did agayne, when he was in person as I harde, at the herishipp of William Grame alias Ritchies Will."
At our first meeting for justice, he refused to receive for the bill an offender on whom he had complained, contrary to law and custom of the March, because he could not have the "accessarie," a man to whom he bore malice, and therefore delayed justice, till of late a meeting was fixed for redress and delivery, between two gentlemen (one from him, the other from me), which day he refused to keep, because it happened that Will of Kynmont was taken and brought to me before it. How Kynmont was taken will appear by the copy of the attestation by his takers, which if true, "it is held that Kynmont did thereby breake th'assurance that daye taken, and for his offences ought to be delivered to the officer against whom he had offended, to be punished according to discreation." Another reason for detaining him is his notorious enmity to this office, and the many outrages lately done by his followers. He appertains not to Buccleuch, but dwells out of his office, and was also taken beyond the limits of his charge, so Buccleuch makes the matter a mere pretext to defer justice and do "further indignities."
The above day for redress and delivery was the 17th of this month—which night Kynmont was taken and brought here, where I detain him, thinking it best to do so till good security be given for better behaviour of him and his in time coming, and recompense of damages lately done to the people here.
1 p. Written by Scrope's clerk. Indorsed as title, and by Burghley: "18 Martij 1595."
238. Provisions for Berwick. [March 19.]
Statement by Vernon and Swifte the victuallers, of provisions remaining on 19 Sept. 1595 (735l. 14s. 4d)., and those bought since (2647l. 3s. 1d.); freights, charges, &c. (490l. 18s. 3d.); amount now remaining (1038l. 14s. 4¾d.), monies received and expended, &c.
2¼ pp. Written by their clerk. Indorsed.
239. Eure to Burghley. [March 23.]
On Saturday night the 20th, I received the 70 horse from Yorkshire, and as soon as furnished with "armor," they shall be stationed as I wrote. I trust you will allow me the pay of the other 10, with which I mean to levy 20 horse here, who will be content with half pay, which will be a help to them, being already bound to serve. And I mean every 14 days, to relieve the 20 with a like number, and thus in four months from the 21st instant, I shall run through 160 horsemen if found here, thus breaking the kindness many have with the Scot.
"Since Soundaie last was sennight beinge the xxjth of Marche, there hath been in Tyndaile three severall herrishipes, great ones: the first was on Thursday the 4th of Marche," by the Ellotts, &c.; and the day before on Buccleuch's promise, my keeper of Tyndale met at "the bounde roade" with him for justice. On my letter complaining of this foul fact—they took 60 head of cattle from Rowland Melburne of the Came—he answered he would do justice for it "condicionallie," if I delivered those who lately stole goods from Will Ellot of Larrestone alias Harskarth. These I learn were depasturing unlawfully in England, and were taken by some Tyndale men. The Scots keep numbers of sheep and cattle so feeding, to her Majesty's loss, but God willing, I mind to recover the English ground again, and not let these thieves keep it.
Yet after this fair answer, on Sunday after being the 14th March, "comes" 60 horsemen out of Annersdale and Ewesdale, under Lord Maxwell's rule, warden of the West March, passed through Liddesdale, spoiled what they could on the fair day in Bellinge, a place in Tyndale, and though most part of the goods were rescued, they got away with some horse and household stuff. The above Will Ellot with 80 horse and foot, lay in Liddesdale to receive them, as I hear. Thus you see how cunningly they deal with me.
The third fray was on Friday 19th March, by some of the Scots of Jedworth forest. They took 20 head of cattle from Widow Milburne of the Heighfield in Tyndale, and the poor widow prisoner, with her children and servants. The fray rose, and the country followed, but for want of horse to go nearer, they stood on a hill and saw the Scots dividing their goods, but were not strong enough to set on them. They passed another way to that forest, and on their return, being not above 8 horse, the rest foot, they brought away 60 head of "beastes," although the Scots, horse and foot, rose and "fronted" them for 3 or 4 miles, but fought not. I ordered this "pune" to be divided among them to buy horse for the Queen's service. I trust her Majesty will not be offended at her subjects' act in self defence.
I wrote on the 7th March to the King signifying my appointment by her Majesty, and being unknown to him, presumed to present to him 3 or 4 couple of hounds "for the hayer," requesting his royal commands to his wardens and officers to correspond with me in justice. On the 14th March I received a letter from Mr Bowes the ambassador, signifying the King's pleasure that "perticularities" demanded by her Majesty's wardens or officers, should be delivered to him in writing, that he and his Council might deliberate and take order therein. For meetings between wardens and keepers, he wished that I should meet "Baclugh" as hath been used, alleging that the keeper of Liddesdale was a public officer, and it was Buccleuch's inheritance. On the ambassador's reply, that the Scottish wardens must therefore meet the keepers of Tyndale and Redesdale, he respited the matter to further consideration. He likewise agreed that order be taken to redress former offences before the present wardens took office—to be settled by her Majesty and himself and their councils. Other particulars imparted by Mr Bowes to him, which I gave the ambassador in passing, he assented to, and if his officers do as much, this country shall flourish more than ever it did.
But under your favour as to Buccleuch's exemption by "inheritance," the like may be said for the Earl of Northumberland, Lord Ogell, myself, and many others, who have lands "chartered" in this March, and estates equal, if not some better, than Buccleuch; yet their tenants answer to the warden only, not the inheritor. Nor does the "large and honorable chartors free them from the obedience of her Majesties officer." Hexham. Signed: Ra. Eure.
3 pp. Closely written. Addressed. Indorsed.
240. Vernon and Swifte to Burghley. [March 24.]
Petitioning him to take order for payment of victuals delivered to the garrison and works at Berwick for half year now ended (1640l. 6s. 1d.), and the surcharge 19th September—19 March 1595–96 (1115l. 19s. 10d.), in all, 2756l. 5s. 11d.; and for provision till Michaelmas next.
½ p. Written by their clerk. Indorsed: "The humble petition of Robert Vernon and Richard Swifte."
Inclosed with same:—
(Book referred to.)
Specifying the amounts delivered to the governor, officers, pensioners, horse garrison, works, &c., for the half year as above [names all given] 1640l. 6s. 1d.
4 pp. In same writing. Indorsed.
241. Pay at Berwick. [March 25. 1596. ]
Reckoning of the pay made by Mr Raphe Bowes for his father Robert Bowes esquire, treasurer, for the first half year ended at the Annunciation 1596.
2¼pp. Written by Sheperson. Indorsed.
242. Musters at Berwick. [March 26.]
Defaults of same taken before the deputy governor John Carey, esq.
Absentees with or without passports, from the companies of John Carey, Sir William Reade and 4 other captains—[Captains Carvell and Twyforthe being at Carlisle]—foot, gunners, pensioners, &c., in all 50. Signed: John Crane.
2½ pp. Written by Crane. Indorsed.
243. Victualling at Berwick. [March]
Rates paid the victualler by the soldier per diem.
From Midsummer till 23d December 4¼. From 23d December till 23d June, 5¼. On fish days (five rates), from 3¾d. to 4¾d.
1 p. Written by the victualler's clerk. Indorsed.
244. Sir Robert Carey to Burghley. [March 29.]
I must still be a suitor for the repair of Norham. I greatly desire it more for the good of the country, and the benefit of the "Queenes poore ones" under my charge, than to profit myself. For, on my credit, I can keep house in Berwick "better cheepe" than here, by 300l. or 400l. a year—but regard this not for "the credytt of the place."
Truly my lord in the bishops' time, such care was taken and sufficient men appointed, that their housekeeping in the castle enriched the neighbour hood and strengthened the Border. It were a pity that "beinge exchainged from the Bushopp to the Queene," it should be in worse state. I desire but a competent house, and then I will do my best "for my countreys good, and my princes service."
If you think 800l. too much, set down what rate "yow think the Queene wyll best be drawne to," and it shall be ordered proportionably. And if the whole sum cannot be had in one year, then in two, three or four, as you think best. But "(good my lord)" let some house or other be built. The disorders are so great, that if it stands long thus, the country will hardly be brought to its former good order. Berwick. Signed: Rob. Carey.
Postscript: (fn. 1) —I hear there is one gone to London to get a lease from your lordship or "my cosen Fortescue" of some coal pits within my charge. They have been always "incident" to the captains of Norham under their patents. My patent is as "lardge as any of theirs," and I pray you not to suffer such a lease to pass.
1 p. Addressed. Indorsed. Wafer signet: a swan slightly differing from his brother's.