BHO

Border Papers volume 2: July 1596

Pages 145-164

Calendar of Border Papers: Volume 2, 1595-1603. Originally published by Her Majesty's Stationery Office, London, 1896.

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292. Eure to Burghley. [July 2.]

Mr William Fenwick of Wallington has suddenly given up his office of Tynedale upon some report of my dislike of his ceasing kindness with Cesford now opposite warden, without my privity—which I trust your lordship will think no sufficient cause. Since then, the Wooddringtons have likewise "taken conceipte of greife withoute cause." I mention these things, not for your lordship's public notice, but in case of any secret complaints against me.

I have appointed as keeper of Tynedale, one William Fenwick a kinsman of Wallington's, as deputy, which I hope will be to the Queen's better service.

Sir Cuthbert Collingwood my deputy warden, has also given it up, and removed out of the March, another withdrawal from, though not opposing of service, as you may see.

I found great backwardness in the gentlemen at Morpeth on 20th June, as to furnishing horses, yet hope time and continual calling on them and their tenants will improve matters. They are like a "barbarus companie" long without rule, each man "laboringe to rule, few or none contented to obay, everie man clamorus of there losses, few or none carefull or capable of there remedies."

I expect justice with the opposite warden, or else you shall hear in my next. The dearth causes great "stealth" by our own people, yet I cannot get the gentlemen to keep watch, or "skowre the waistes" with their tenants and neighbours in "plumpe watche," but hope for amendment.

The gentlemen also dislike my order, that prisoners taken on the March be bound to the warden to answer the Queen and her subjects within the March "generally," not the particular taker—alleging that they do not hazard their lives to benefit others not at the capture—and though my answer is, that captures in peace time are for the Queen's honour in justice, not for ransom or private profit, and I join the apprehender in the bond with the warden, to have liberty to call on the prisoner with the warden's privity, without which it is March treason—yet they are discontented with this course.

Therefore I pray your lordship's opinion and approbation herein, for the inconveniences of the private bond are great, causing neglect of a neighbour's losses in a Scottish foray, and ending in deadly feuds, if that gentleman to whom he is bound, or his tenants, by chance rise and strike or slay the Scot. Vouchsafe to read this form of bond, and "reforme" it at your pleasure.

I also beg your pleasure as to the day of truce with Cesford, and if you could procure me two or three bands of the Berwick foot to attend me, it would show how I stand with my countrymen. If my lord chamberlain will favour me now herein, I will assist him and his deputy with the force of my March again.

I present to you a book of treaties, not so perfect as I wish, as appears "by interlininge and blottinge," but beg you to bear with the "rewdnes" of our country, and the faults of the writers, "blusheing" that I cannot send the work "coverte," for the country will not afford it, and craving pardon for "the yll pollishing thereof." Hexham. Signed: Ra. Eure.

I humbly remind you of the allowance for Harbottle castle and Hexham gaol both falling to great decay.

2 pp. Addressed. Indorsed. Wafer signet as before.

293. Eure to [Sir R. Cecil]. [July 2.]

Your last letters in favour of Emersone, have engaged me more deeply than I know how to describe.

I beseech another letter in your own name to the Bishop of Durham, to forbear to levy a fine of 10l. from Mr John Fetherstonehaughe a justice of peace for the county palatine of Durham, for absence from the last quarter sessions at Easter, which the bishop labours with great severity to do, and will no way be pleased at my entreaty to spare him. The gentleman is honest, just, and serviceable, and helps me greatly here for the bishopric, and I would that his absence hereafter on lawful occasion, were also remitted while with me—the bishopric receiving no hurt but much good thereby.

The King of Scots is reported to have sent for Hume, Cesford, and Buccleuch, some think to reconcile the two latter—others that it is to settle better justice on the border, and if the Council appointed commissioners to join for the Queen in redress, it would be to the comforts of the needy people here.

I humbly pray for your opinion as to dealing with the bills before and since my entry, at the truce day. Hexham. Signed: Ra. Eure.

1 p. Flyleaf with address awanting.

294. Sir Robert Carey to Sir R. Cecil. [July 2.]

"I heare by my father how your favors finde me out thoughe I be far of, and that you spare not to speke to her Magesty better for me then I can deserve . . . Ther rests no more in me but acknolidgment and thankfullues . . . for other requitall I am no way able, for I am poore, and far from you, and have no mænes to showe my love, suche is my hard fortun, and woo is me therefore! But dære Sir, as I may, you shall well knowe I will be very honist to you, which in your favor I hope you will accepte, beinge my best, and mesur me by my meinde, not meanes to dooe you servis . . ."

I have written to my lord your father of the spoils and murders in this March since my coming, and the small redress. At your pleasure you may look them over, though it is troublesome, as I find myself, "beinge macht with a subtle desaytfull and begerly poeple . . . but it shalle please me, becaues so pleasinge to her Magesty, and heare will I dooe her my best servis till she think me worthey of a better fortun. Thus for the teyme I will leve you, but never leve truly to love you." Berwick. Signed: Rob. Carey.

1 p. Holograph. Addressed. Indorsed.

295. Sir Robert Carey to Burghley. [July 3.]

Since I came down, I have had but trifles to report, and thought it unfit to trouble your lordship. But now matters "growing to a head," and it being likely we shall have a "waking wynter" by our unruly neighbours of Tyvidale and "there unworthye offycer, Sir Robert Kerre," I think it my duty to report the spoils since my coming—my dealings with Cesford, and how "delatarye and doublye" his are with me. I inclose the spoils, which are many, and have got nothing but fair words from him. The ambassador, Mr Bowes, has often sent me word that he expects nothing at his hands. He is subtle and deceitful, respecting not the general cause but his own particular—so justice is laid to sleep, and not likely to be wakened, while his rule lasts.

My father tells me lately that her Majesty's pleasure is I shall have 20 of the Berwick horse garrison to attend me, with 4d. a day extra pay. It will be some help; if I need more I shall speedily report.

If I had a country house, I could do more good in rising to fray or following, than lying here. It would comfort the country to see their officer amongst them, and encourage their rising. No house is so fit as Norham, and if your lordship but grant me timber from Chopwell wood and 300l. in money, I will build a "poore cotage" within the walls, for me to lie in—though not as it should be, being the Queen's castle and the chiefest strength on the borders, if war broke out with the Scots. Berwick. Signed: Rob. Carey.

pp. Addressed. Indorsed. Swan wafer signet.

Inclosed in the same:—

Note of slaughters, "stoulthes and reafes" since my entrance to office.

Extracts.

Nicholas Bolton of Mindram slain in daylight at his own plough, by Sir John Kerre of the Spielawe and his servants.

Thomas Storie of Killam slain there by night by Sir Robert Kerre and his servants.

John Selby of Pawston slain by the Burnes defending his own goods in his house there.

John Ewart of Carham slain on English ground at the rescue of Englishmen bringing their own goods.

"Reafes." —in Hethpoole in daylight, by the Davisons, Yonges, and Burnes of 40 kyen and oxen, and hurting Thomas and Peter Storye, &c., in peril of their lives. Another there in daylight by the Kerres, Yonges and Tates, of 46 head of neate, shooting John Grey with a "peice" in peril of death, and hurting one of the Brewhouses following, and taking his horse. In West Newton, in daylight, by James Davison of the Burnyrigge, &c., of 5 horse and mares; another there at night, taking up 2 houses, 20 neat and insight worth 20 nobles.

On Thomas Routlidge of Killam, at night by the Yonges, of 30 kyen and oxen. On Adam Smyth of the Brigge mylle at night by the Kerres, Yonges Burnes, &c., of 20 neat, and 5 horse and mares. In Cowpland, by the Yonges, Burnes and Kerres on Gilbert Wright, "by cutting up his doores with axes," of 30 neate, 4 horses and mares, and insight worth 10l. In Haggerston, by the Yonges, Halles, Pyles and Aynsleyes, "by cutting up their doores with axes," of 30 neate, 5 nags, and hurting 4 men in peril of death. On Raphe Selby of Westwood, by the Yonges, &c., "by breaking his tower," and taking 3 geldings worth 60l. sterling "and better."

"Stouthes."—at Pawston, in daylight, of 5 neat: at night, 2 nags of John Davison's. In Learmouthe at night by the Pringles and Davisons, of 14 kyen and oxen. Of the tenants of Fenton 12 kyen and oxen, and a follower hurt and lost his horse. At East Lilburne 10 kyen and oxen. From Sir John Forster's "heardes" in the Trowburne 80 sheep, and one following hurt in peril of death. From the tenants of Mindram since St Andrews day last, of 35 score sheep. From Raphe Selby of Weetwodd, at night, 4 score sheep. From George Ourd of Longridge by the Burnes, &c., at night, breaking his tower, 3 horse. From Shorswood in daylight, 3 kyen. From Berwick bounds by Thomas Pringle son to Dand Pringle of Hownam, John Dawglise of Wydeopen, &c., 5 geldings and 1 mare worth 60l. sterling. From William Davison of Camma mylles, by the Tates, 18 "yewes great with lamb." From George Reed of Horckley, by John Hume of Blaketer, &c., 3 kyen. From Cowpland at night, by the Yonges, Burnes, &c, 10 head of neat. From Felkington at night, 5 neat. From Raphe Selbye of South Charlton and neighbours, in daylight by the Burnes, 5 horse and mares. From William Cowert of South Charlton by the Yonges, 2 nags. From said Raph Selbye a "soard" gelding and a mare by the Burnes—also 6 neat. From Thomas Taylor of Lesbury, 50 sheep. From Robert Adamson of Long Houghton, 3 score sheep. At Warck in daylight by James Davyson of the Burnyrigge and the Yonges, 6 kyen of Richard Favor's, master gunner there, &c. From Fettys of Mindrum, 6 neat. From Berwick bounds from Raphe Phennick by Jock Pringle, a gelding worth 10l. sterling. From said Raphe, and Thomas Pigg the elder, &c., by Jock and Saunders Lamb, 30 sheep. From Richard Ferrer at Horkley, 40 "yewes and wethers." Besides many more "stoulths" since my coming not complained of to me.

4 pp. Written by his clerk. Indorsed by Burghley's secretary, with note of the totals—"kien," &c., "296—geldinges, mares and stagges 43, sheepe 1055."

296. Scrope to Hunsdon. [July 3.]

To prevent the envious detractor from making the accident worse than it is, I have to report that Thomas Musgrave captain of Bewcastle, having made me privy to his design of revenge for injuries to his office, and been warned by me to see his men were in sufficient strength, and to prevent straggling—with the assistance of the soldiers, entered Scotland this night, and finding only empty houses, returned homewards "over carelesly," allowing his force to separate. Himself with only 10 men, fell into an ambush of the Scots near Bewcastle, was chased to the house of Brackenhill, where he hoped to take refuge, but those within shut the gates against him "(such good services do the Grames to her Majesty)!" and is taken prisoner to Scotland. "Yt was a thinge which God would have done," for besides my admonition, my man John Musgrave his own brother, urged him not to leave the company, for he heard an ambush was laid for him, but he refused advice, and was so taken.

I cannot omit signifying receipt of your letter of 28th ult. whereby I see the Grames "flatly and resolutely" deny all my charges against them before the Council. Seeing the "great meanes they have in that place (non or fewe standinge for me except your lordship, for which I holde my selfe deeplie beholden unto your lordship)," and that it is not meant to punish them, I think it "frivolous" to produce further proofs. Also seeing that those who cross my government, get more countenance in their "evill," than I for my services to her Majesty here, I earnestly entreat you "in some good tearmes" to acquaint the council with my "discontentednes" herein, and also, relating as much to her Majesty, "to entreate her highnes on my behalfe, that forasmuch I can neither fynde myne acciones for her services defended outewardlie, as maye better appeare to your lordship by the inclosed, of the contynued workinges of Buclugh against me—neither inward emongst her owne subjectes," that she will be pleased to take this office from me, and appoint another—in procuring which you shall bind me for life.

Though I see not that the Grames shall receive severe punishment, yet I send you copies of the proceedings in law for murder against Brackenhill and Willes Jock, inclosed, that their lordships may see I have grounds for my charges against them, and by their untrue denial of this part, how little credit is due to their denial of the rest. But if I hear that the Grames shall be dealt with and punished, as the proof shall show them to deserve, I shall then send my proofs of what I have advertised, "with this proviso," that the approvers' charges be defrayed, and protection of their lives and goods given them thenceforth, as I wrote before. Otherwise I see no reason to disclose their names, or imperil themselves, or to trouble the Council farther. Praying you to acquaint the rest of the Council with these indictments against Brackenhill and Wills Jock, and further my other desires. Carlisle. Signed: Th. Scroope.

I have advertised my Lord "Thesaurer" of Thomas Musgrave's taking and the inclosed concerning Buccleuch.

2 pp. Addressed: "To ... my verie good lord and father in lawe the Lord Hounsdon lord chamberlen," &c. Indorsed.

Inclosed in the same:—

Articles against William Jock.

Another copy of inclosure in No. 285.

½ p. Indorsed partly by Burghley.

297. Scrope to Burghley. [July 3.]

[Informing him in similar terms of Thomas Musgrave's capture.] As I wrote formerly, I inclose a "note under his owne hand of the thinges movinge him to the last roade against those of the Hollace," also the last advertisement I have from Edinburgh. Trusting your lordship "will stand my honorable good lord," both in Buccleuch's matter and that of the Grames, I think it long till I hear from you. Carlisle. Signed: Th. Scroope.

1 p. Addressed. Indorsed.

298. John Carey to Hunsdon. [July 3.]

On Friday the 2nd instant the day of our musters, I delivered to my brother Sir Robert, 20 of the best of the horse garrison chosen by himself, as commanded in your letter of 24th June.

In case of complaints out of Scotland to the Queen and council against me, I desire to make you "foresene" in this matter. The Scots have done many injuries to me and the town, by stealing out of the "Bowndes" and otherwise. Part I have revenged, part I have "sate withall." On Candlemas eve last, 1st February, four Scots, John a Daglisse of Wydeopen in Tyvydale, Robyn Daglisse and John a Daglisse of Lynton, both brethren, and one Tom a Pringle of Howname, came to the Bowndes and took out of the Snooke and Mawdlen feilds 6 horses, only one of them mine. On my making great inquiry, they sent their friends the Lairds of Grenehead and Corbett, to ask if I would take the horses back without further trouble? I stood out long, but in the end, seeing little chance of justice or getting them "fyld" at next day of truce, I agreed to receive the horses, if in as good case as when stolen, protesting to their friends, if I were not satisfied, "I wold have some of there lyves." But to this day I have remained unsatisfied, till taking advantage of the musters, I sent 50 horsemen from the field, who broke open John a Daglysses house at Wydeopen, "and cutt himself all in peces," and came off, the country being "up at the cryes, and being within a myle and a half of Sesfordes owne gates." I deferred thus long, wishing to have got all four together, but as they lived far asunder, some in very strong houses, I took this man as the chief of them, and a "landed man," to make ourselves "quyte of his comber," he having promised to be with us again when the nights grew longer. Thus I thought my duty to inform your honor, if the King complains, that I may not be condemned unheard. Berwick. "Your honors most obedient and dutifull sonne." Signed: Jhon Carey.

2 pp. Addressed. Indorsed.

299. Answer of John Grame to the Council. [July 10.]

"The defender" refers to his former answer. "He never hurt the for said personis, and dothe schau to yowr honouris the said Gorg Grame being hurt one blow on the lege, the solderis poisoned the wound, being perswaded by the Musgraves that all the Gramis being for this inditted shuld either die for it if they came in, or els flie the countrie; and that the soldiors shwld have all Eske to themselwes. Craving yowr good lordschipis to considder this owr hard cais what malleis hes bene schauin owt touertis ws, and what los we have had in owr countre be the heirschip of owr powr frendis in the tyme of owr absens." Signed: J. Grame.

½ p. Holograph. (?) Indorsed partly by Burghley: "10 Jul. 1596. The answer of John Grame alias Willis Jocky."

300. Eure to Burghley. [July 11.]

The "novelties" of the Borders since the capture of the captain of Bewcastle, are the slaying of Daglishe Scottishman, in his own house for stealing 2 horses of Mr Governor of Berwick. The King I hear is displeased, and does not countenance our ambassador as before.

Harbottle "criethe for help," and Hexham gaol is in great need, "as the shorte season geveth me good cause of remembrance." If you afford me 400l. for the castle and 100l. for the gaol, I will repair them to your approbation, or lose my credit.

I presume to beg at your hands "the wardship of Albanie Fetherstonhaughe, whose father is latelie dead, and the younge man wanteth onlie till Christemas of his full age." I humbly renew my suit and crave your pleasure. Hexham. Signed: Ra. Eure.

I am ashamed to say the time I spend at Alnwick Morpeth and elsewhere, for horse or "goverment," but "attend Godes good will."

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

301. Eure to Burghley. [July 15.]

I have fortunately attached again William Shaftoe who escaped at the last gaol delivery here, and have him in custody in my own house, not in the gaol, lest he escape again. These are the charges against him:—the chief is by one Alexander Ridley, for conspiring with the Scots to spoil the town of Ivestone in the Bishopric, not as principal but an accessory. The examinations were with the last Lord President, and I cannot obtain them to sift out the truth. One George Carr accuses him of bringing 20 stolen sheep to him to be kept. He is also accused of reset of 60 sheep stolen by William Lawson his deputy bailiff of Bywell, and John Lyttle his servant, from the tenants of Thomas Myddleton of Belsay. Also by the confession of "one Rowland Pattensone, whome I have in hold," of conspiring with English outlaws and Scots, and taking one Rippon of Ragpeth in Lanchester parish, "of some wealth," dwelling as a prisoner in the bishopric, off to Scotland, and ransoming him for 42l. "and some odd money."

I pray your advice if "the confession of this Pateson" a principal actor in the business, if brought as a witness against Shaftoe at this Durham assise, were not the best course for his trial there—the other felonies being smaller in law, and pardonable by "the booke." I humbly pray your letter to the judges and the Bishop of Durham who sit at this assize on the 24th instant.

The day of truce between me and Sir Robert Kerr is put off by him till 17th August. The borders are "tickell," for since my last, some steads in Gilsland have been burned, besides continual nightly riding on the West March.

Your pleasure as to obtaining Albanie Fetherstonhaughe's wardship would much bind me. Not doubting you respect the small time before his full age "with the smale revenew of his land." Hexham. Signed: Ra. Eure.

The book I sent your lordship for the treaties, I got from a friend of mine who had it by means of Doctor Emanuell Barnes who got it with other of the Bishop's books at his death.

pp. Addressed. Indorsed.

302. Scrope to Burghley. [July 15.]

I have received your last of the 8th, where it appears "besydes the Grames denyall of the rest of the articles, they have lykwise peremptorily denyed with othes to have had conference with Buclugh aboute the tyme of the act at this castell." But it is notorious that they had, and I will produce those who will depose it, "uppon the condicions in my former letter declared to your lordship and my lord chamberlen." But seeing by your letter her Majesty's indisposition for any sharp dealings with them, I forbear urging the same, yet must let you know that the spoils which they say have been committed on their friends since they came up, have proceeded merely from their own "knaveries and accustomed most devilish devises," to procure favour and pity for themselves—for these spoils have been made by their own friends and allies in Scotland! "They have also in grett glory and tryumphant manner written to their frendes what favour they fynd above." Two of these letters have been sent to Buclugb, and I am promised copies, which if I get, you shall see. Since these came, their friends first spoiled 4 of "Mistris Dacres" tenants, fired 2 of her towns and 2 of her Majesty's, carried off 400 nolte in a day foray, and "lye quiet never a nighte." These and other like are the fruits of their gentle usage, and seeing there is no intention to proceed with them "in that rigorous course which were meete for the brydlinge" them, and safety of the Queen's subjects, whom I am bound in honour and conscience to regard while I hold this office, I earnestly entreat you to procure her Majesty's favour to leave this charge, where seeing the better credit and countenance given to my adversaries than to myself, "I neither will nor can lyve," but unacceptably to her and with dishonor to myself. Leaving to her highness' "most princely descerninge and your lordshipes wisdome, to consider" what service, I can do here, after being discountenanced in my actions in her service, when my "most malicious adversaries and the utter and most notoriously knowne spoylers of the wholl contrey ar rather graced and maintained against me." You will ever bind me if you procure my removal from the burden of this office with continuance of the Queen's favour. You ask my opinion on your hope that "those Grames" may be more peaceful hereafter. "I assure your lordship I can expecte no good services from them so longe as I contynue officer heare, and the rather also because within this twelvemonth I have hanged fyve or six of their surname for their offences, lyke as they worthyly deserved; the which together with my severe chargynge of them selves, I knowe they will kepe in memory to requite as their conninge heades can espye fitt oportunity for. What they maye be drawne unto, by placinge of another officer in my roome, I am not able to saye, but referr yt to graver wisdome and triall of tyme—onely I saye yt maye prove a myracle for a leoperd to alter and change his spotts!"

In answer to your inquiry if I had taken some who were at the breaking of this castle, an attempt was made this night, but the men employed found only empty houses which they burned, bringing back 3 or 4 Armstrongs prisoners "not of the greatest accompte"—yet some requital for their burnings and taking prisoners every night this week in Gilsland. Captain Thomas Musgrave to-day came home on bande. He was much with Bucluch, who openly says the King has freely remitted his deed at this castle as good service to him and his "comune wealth." Musgrave says Bucluch threatens his worst against this office, whereof I advertise you that provision be made by her Majesty, and I will meanwhile defend it as best I may.

I commend to you the wrong sustained by Thomas Lancaster "by some who (as this countrey sayeth) have intrest in Mr Stanhops favour to worke what they list . . . therefore and to th'end that my adversaries the Lowthers, the embracers and maintayners of that broken title against Lancaster, may not have their wholl hartes desier for my crosse (though their sinister suggestion of my affectinge perticularities make me thus unfortunate), I most hartely intreate your lordship that Lancaster may yet by your lordshippes meanes have the further examination and triall of his other causes (now refered to commission) stayed and put over untill the next tearme, to th'ende he maye then be better furnished with evidence." If your lordship be pleased to send to me with expedition your supersedeas—for the commission otherwise will sit in 9 or 10 days,—the poor man shall be bound to pray for you during life. Carlisle. Signed: Th. Scroope.

"Jok Armstronge of Munkhurst, onne who was at the breache of the castell, hapened to be slayne in this nights roade."

pp. Holograph. Addressed. Indorsed. Wafer signet as before.

303. [Sir Robert Carey] to James VI. [July 15.]

Complaining of the wrongs done to the East March since he took charge—that Sir Robert Kerr delays redress and puts off meeting him—begging that straight commandment be given to that officer, or such other course best pleasing to his Majesty, may be taken for redress. Berwick.

1 p. Written by his clerk. Indorsed: "Copie of a lettre to the King of Scotts."

304. D. Fletcher to Burghley. [July 16.]

I have extracted from the writings sent by your lordship concerning the six Grames, so much as touches Richard and John. They protest their innocence of George Graime's murder—the truth whereof cannot appear from these bare accusations and answers. As they are matters done long ago, in so remote a place, it may not be unmeet to refer their trial for these and other matters to the next assizes at Carlisle the beginning of next month. Thus your lordship will be eased of the trouble of perusing these writings, and my Lord Scroope of the envy and offence which the Graimes might conceive, if the matter was remitted to him to proceed as their judge. If they should be found guilty of these crimes, which they say are revived by some of that country at feud with them, they may afterwards find mercy by her highness's clemency and pardon, making them more modest and obedient hereafter—which agrees with your lordship's grave advice, not to make them desperate, being so great a number, and able to do great hurt on the border, yet keep them in awe and good order, and in duty to Lord Scroope, &c., with whom it were good they were reconciled. Craving pardon for rash boldness in uttering my fond opinion. London. Signed: D. Fletcher.

¾ p. Addressed. Indorsed.

Inclosed in the same:—

(1) Notes as to the six Grames.
Of their intermarriages with the Armstrongs, Bells, &c.

½ p. In Burghley's writing.

(2) Articles against Brackenhill.
Similar to those in No. 285.

½ p. Indorsed by Burghley.

(3) Answer of John Grame alias William Jock.

"The defendent saithe he never killit nor schot no souche man as Sime of Medop nor never hard of no suche man killit in all our countre within the space of foure yearis passt. If it maye stand with your good lordschippis pleisser, apone xv or xvj years past in the tyme of the ould deidlie feidis amongist the Gramis, one Sime of Medope was killit amongist othirs. It is knowin I never tichit him for he whoe did commit the falt maid satisfacshoune for the same. This was done in the tyme of the ould deidlie feid whiche was takin up be the ryght honorabill Lord Scrop and agreit, as his lordschip tould to us at the command of hir Magesteis most honorable counsel—the parteie is satisfeit and none plantive. I have sens bene in all the plaissis whair justeis is to be most ministerit in our hole countre, and nothing objectad against me.

"The defendent doth anser, that he being in the ryght honorabill Lord Scropis servis, whoe ristis with Good, at Eddinbroughe, so couminge home to my hows at nyght, taking my journaye to Carlell on the morrow accoumpaneit bot onleie with my on man, seing one number of pepole assembillit in the heie waye, came to thayme, and so doing all the good that laye in my power to do, and saving dyvers as was in danger, the parteis being partit, held on my journaye to the ryght honorabill Lord Scrop, and deleverit my letteris, and tould his lordschip of all that was hapnit. I never was troublit with the mater, nor fled no whair, bot kept kirk and market and al the syssis and quarter schesschouns vhair justeis was.

"The defender saithe one Scottis mane being takin by me, whoe had stollin one mair from me as I allegit, having him at my hous, me Lord Scrop sent to me, and so I come to his lordschip. He schew me his honour would have him; I was willyng to the same and anserit I wowld bryng him. His lordschip said I schowld not troubill myself, he wowld send his mane for him. This being on the Saterdaye being Eister evin, prolongit the tyme untill Mondaye nyxt, so the pour knave seing his self in danger, breik of the loke of the schalmer dowr and so desperitlye leip over the tope of the cassill wallis, whiche is on greit hight of 1. fout and mor, with the fall he brissit his self so sore that he cowld do nothing; so some of his frendis attendyng on him careit him avaye, and as God schall be my judge, he gat avaye contraireie to my will and withowt my knowledge. As tuching one other theif, I never had none, and as I beleve, Captaine Carvell will saye he willit me never with none suche, for he cainst saye no othervayis and saye the truthe.

"The defendent saithe as tuching Dick Urwin and Ranons Davy, I never "reset nother of thame, nor Ranons Davy came not in my hous nor was not at my sonis mariage, nor came not in the presence of Mr Richart Louther to my knouledge. As for Dick Urwin, he vas under my lord Scropis soouerance, and within 2 deies befor the marige he vas at Carlele and thaire appeached by Englishmen and dischargit be the lord Scroope, being under his lordschipis assurens." Beseeching your lordships to consider that we are hardly dealt with, and for our old deadly feuds past so long since, we submit ourselves to the grace of the Queen. Not doubting your honours will consider our poor tenants and "smale frendis" are spoiled in our absence. Signed: J. Grame aleieas Willis Joke.

pp. Holograph (?) Indorsed by Burghley: "16 July."

(3) Note of the Grames' friends for whom they humbly ask favour.

"1. Alexander Graym of Kyrkanders alias Geardes Sande," proclaimed au outlaw by March law, at the complaint of the Laird of "Buckleigh" his mortal enemy, more than a year past. 2. Fargus Graym son of Ryches Will, now prisoner in Carlisle castle, "upon suspect, as we are heere." 3. John Graym alias Jokye John, a prisoner there. 4. Leonard Graym "at disobedience for his brothers imprisonment." 5. John Hetherington of Bletteren prisoner there "more then a yeare past." Signed: Ex. per Th. Smithe.

½ p. In a legal hand. Indorsed.

305. Sir Robert Carey to Burghley. [July 17.]

After receiving your letter of 9th I sent the King a note of the Tyvidale spoils (sent you in my last) and inclose copy of the King's letter.

Your lordship writes that the Queen has given warrant for 3 months only, of the 4d. a day for my 20 horse. They began on 24th June, so a month is nearly gone, and the other two will end before the winter time, "the theves harvest." The border is so broken, Tyvidale especially, "there officer there cheafest animator to evill," that before we get quiet we shall need not only 20, but 200 horse! For yesterday at one in the afternoon, 50 horse of Tevidale took away the "hariadge" of Carham. And this day, an hour after sun rise, 20 horse took three score kyen and oxen from Mindram and killed a man.

I will sit no longer with these wrongs, but will right myself as well as I may. If it come to further extremity (as likely it will) I hope your lordship will take order for assistance.

I am sorry at troubling your lordship so much for Norham, but it was my duty and not hope of gain that caused me. There ought to be a house for the officer, who can do best service there to the country.

Your lordship says "the Queens resolute answer" was she will give nothing for Norham, saying "my lord" should build up the house, considering "the great commodytie" he had by it. The Queen and yourself have been wrongly informed, for my lord has no more "upon my credytt," but under 150l. a year, of which he pays her Majesty 58l. yearly. "The remayne wold hardlye buyld a howse and make my lord such a gayner as hathe bene infourmd." I leave it to your lordship's "better" consideration. Berwick. Signed: Rob. Carey.

pp. Addressed. Indorsed.

306. Sir R. Carey to Hunsdon. [July 17.]

[Relating same events—the cattle at Carham were rescued, but 6 horses were carried off—at Mindram, the "hariadge" of 60 kyen and oxen is named.]

I would you commanded me in your next to take "James of the Coave" into my own hand, and deliver him or not into Scotland, as I think fit.

"Ther wilbe never end made els between the Selbyes and the Grayes."

You have a piece of meadow called "Lumsdons Anna," coming to about 100 "trusse" of hay. I pray your warrant to Cuthbert Armorer for my mowing it for my horses. I can ill keep them without it.

While writing, he came and showed me a letter from a friend in Scotland, with these words "verbatim, that followes—Capten Hambletons newes if thei be trewe, is but litle to your contentment of England. Ere yt be long you will heare further that wyll mislyke you." When I hear the meaning of this I will inform you. Berwick. Signed: Rob. Carey.

pp. Addressed. Indorsed.

307. Scrope to Sir R. Cecil. [July 20.]

I hoped my former letters would have convinced the Council of the Grames' guilt of foreknowledge, and of the act itself done at this castle by Buccleugh; "pregnant circumstances servinge where probable matter is wantinge." Yet I choose to repeat for truth, that the Grames were in Buccleuch's company at the horse race "before the fact, as Hob Forster will witnes, and Will of the Rosetrees hath him selfe confessed unto me. That they were all with Buclugh in the howse of the Langholme in Scotland (except Richies Will who was in some trouble there, though after Buclughes cominge from that house, he had as much conference with him as any of the rest) a brother of Water Grames then also present, and Rob of the Faulde, have confessed to my selfe. That Richie of Brakenhill had his hand in yt, yt is playne by his practise with Will Bell 'red cloake,' who (as appeareth by the lettre from Richies Will to me, and sent to my lord Thesaurer) was with Brackenhill the Frydaye before the fact, and appointed with him on the Mondaye at night where he shoulde meete with Buclugh." Their letting Buccleuch come and go through them, without stop or shout, proves them in my opinion guilty of the conspiracy. But I scruple either to confront them with my witnesses, or let the accusers' names be known except to her Majesty, their lordships or yourself, for my former reason. I did not doubt protection, but the parties themselves will not endanger themselves or theirs without better assurance than my "bare promise" in the Queen's behalf. They have "a freshe memorie" of a like promise from her Majesty to Percivalles Geordie and others, who they say, was for giving like evidence "stricken to the earth with the butt ende of Brakenhilles speare," and cruelly murdered by them of Medop, "and nothinge hitherto done to the falters by her Majestie, but the parties lefte to their owne amendes."

I see well enough how the Grames are befriended and in better credit than her Majesty's officer, even if their "letters of bravinge" to their friends since, did not "palpablie" demonstrate this. Their lordships think I need not doubt their severe punishment if found guilty, but my lord your father's letter of the 7th satisfies me—for he writes of her Majesty's dislike of sharp dealing with them for his reasons there given.

I would therefore cease troubling their lordships farther, her Majesty's pleasure being "a lawe unto my desiers," but as I have already written to your father, I now "insiste to entreate" that her Majesty would be pleased to appoint another to this office. Your procuring whereof would be a greater favour to me, "than to hange any of the Grames," whose deaths I desired not but rather their reformation. But as the case stands, so soon as they return, I shall leave the government here to those in better credit with her Majesty, laying at her sacred feet, not only this office, which is her own, but also my person and life, which are my own—a sacrifice happily dedicated, if it be for the safety of herself and her people. Whatever she resolves on, it is needful that Henry Leigh return to his charge with speed, and likewise, "till this storme raised by Buclugh and the Grames be overblowne," if only for a month or six weeks, some horsemen as my Lord Eure has on less occasion. Praying your good offices for my recall, and to acquaint the Council with such part of this letter as you think expedient. Carlisle. Signed: Th. Scroope.

2 pp. Closely written. Addressed: "To . . . Sir Robert Cecyll knighte principall secretarie to her Majesty," &c. Indorsed.

308. Provisions at Berwick. [July 21.]

Detailed monthly account of provisions issued between 29 September 1595 and 11th June 1596, and their value.
Total, 2,575l. 17s. 2d.

2 pp. Broad sheet. Clerk's hand. Indorsed by Burghley's secretary.

309. Provisions at Berwick. [July 21.]

Detail of provisions made, issued, and remaining between 1st October 1595 and 11 June 1596, and their cost, &c.—
Cost, 4,855l. 14s. d.
Rate at which issued, and amount 2,575l. 7s. 2d.
Remain on 11th June at "medium" prices 1,448l. 10s. 6d.

2 pp. Broad sheet. Same hand. Indorsed partly by Burghley's secretary.

(1) Detailed note of the first item.

2 pp. Broad sheet. Same writing. Indorsed partly by Burghley's secretary.

310. Questions to the Grames. [July 23.]

Specially to Grame of Brakenhill and Will of the Mote.

1. What money thay know has been paid by the Dacres' tenants in Gilsland, "for their defence (as the Greames doe terme it) but by them that paid it, named a black maile"?

2. Where is William Hare, Riche Grame's servant, and what money has been paid to him by any of the Queen's or the Dacres' tenants?

3. By whom was Geffreie Bell and 4 of the Queen's tenants of Dassogline and Burntholme spoiled, said to be the nephews and kinsmen of Richard Grame?

4. "To will them to awnsweare, whither if yt can be proved that theie weare with Bucclugh at dinner at Langham the same daie before the castell was broken, theie owght not to be charged directlie with the privitie of Bucclughes act done the next daie followinge? And likewise whether theie will stand uppon it, that theie weare not the daie after the castell broken, or soone after, with Bucclugh at a horserase uppon the water Owse?"

5. To name what pledges thay can put in for their good behaviour hereafter, who may be changed from time to time for their more ease. Signed: W. Burghley.

1 p. Written by his secretary. Two pages follow with notes by Burghley as to the Grames' connexions, &c. Indorsed by Burghley: "23 July 1596. Questions to be answered by the Grayms."

311. The Grames' Answer. [July 24.]

"Speciallie of Brakenhill and William of the Mote, to the pointes and articles objected."

1. Brakenhill as before, denies taking blackmail, only the money paid to redeem their goods from the Scots with their consent, "and at the intreatie of the last Lord Scroope."

2. Of William Hare and the two Hetheringtons, he knows not, "but he left them in good health in the countrie at his depart thence."

3. The truth about Dassoglin is, "that Mr Thomas Carleton landsergeant of Gilsland," took 2 Liddesdale thieves to Lord Scroope, killing a third thief. In revenge, the Laird of Mainegerton spoiled Dassoglin; and though Brakenhill has small reason to answer for his Scottish "freindes," yet to show his innocence he affirms that if any nephew or "so neare" kinsman of his was there, he will confess himself of counsel thereof.

4. "Touching their conversing with Bucklughe," the Grames say that if either they dined with him at Langholm the day before, or met him the day after Kinmont's taking out of Carlisle castle, or ever since, "they will confess themselves giltie of the previtie therof."

5. Touching pledges, they humbly pray your lordship to consider their estate, "at whom malice hathe shot his last dart, and yet breakes no skinne"—for since no ill action that they ever did is omitted in the articles, and no one thing proved to impeach their loyalty or credit, they hope by clearing themselves of these "hayenous" offences, to be rather in better state, than greater "thraldome." They have never offended the state, or ever been absent from "Caerlell" when summoned by Lord Scroope, and humbly pray for like privileges as other subjects, and not to be made "byespeches and a laughinge stock" to England and Scotland. "They and their auncesters having alwaies bene trew and serviceable to their liege princes the Kinges and Queenes of England, for which twoo of them enjoy princelie rewardes of her Majestie and her auncestors at this daye, and under correccion, we thinke that your great wisdome and the honorable pollicie of this state, will not thinke it meete to aske pledges of so meane men as us, as thoughe the Queene cold not otherwise suppress us with her owne forces, or that the state can be endaungered anie way by so meane men as ourselves." Referring ourselves wholly to your lordship's "honorable censures." Signed: Walter Grayme (fn. 1), Williame Grayme of Mott, Richard Graime of the Brakenhill (fn. 2), Johne Grame (fn. 3), Wylliyme Ghrayme of Rostreis, Hwchine Ghrame.

pp. Indorsed by Burghley: "24 Jul. 1596. The answer of the vj Grames to certen questions."

312. Sir R. Carey to Burghley. [July 26.]

I send inclosed copy of the King's answer to my letter, wherein he seems desirous that justice go forward. But the best way to keep them quiet is "to doe one evill turne for another," and "crubbe" them with a sharper bit. Some little experience persuades me of this, for having allowed some of my March to revenge the late spoils at Carham and Mindram, they have been quieter since. I would gladly have warrant from her Majesty so to use my discretion, when I cannot get redress otherwise.

Cesford is not yet "comde" from Edinburgh. When I hear from him I shall advertise your lordship. Berwick. Signed: Rob. Carey.

1 p. Addressed. Indorsed. Swan wafer signet.

Inclosed in the same:—

(James vi. to Carey.)

Acknowledging his letter with note of complaints, but that there as many to be made against those under Carey's charge, if his officer took the same care to make them. Being desirous of justice, he has given express order to Sir Robert Ker his warden to redress these complaints, and seek the like for those of Scotland. Falkland, 22d July 1596. James R.

1 p. Copy by Carey's clerk. Indorsed.

313. John Carey to Burghley. [July 27.]

On "the 26 of this instant, I reseved your honers of the xxjth of the same," with her Majesty's pleasure for my coming up, hoping thereby I should have had a "happey seyghte" of my lord my father. Whereon I made ready, delivering the charge of the town as commanded, to my brother Sir Robert Carey and the gentleman porter, coming away myself that day and reaching Newcastle same night. By 9 A.M. next morning I arrived at Darnton, where I received your other letter of 22d, finding therein "my misfortunes so great and grevos that I nether could have the faver to see him befor his deathe, he leyinge so longe sike as he ded—nor the fortun to doe him that last servis wiche is afforded to most men, not to bringe him to his last fewnerales." I was perplexed, being so far, whether to go on or return, but seeing by your letter it was her Majesty's pleasure and command I should remain still for a time, "that served for a lawe to me, if my life and all that I have had leyn on it," so I came back here that night, and mean "betymes" to be at Berwick to attend her farther pleasure—trusting after she appoints another governor she will give me leave then to come up, having many great businesses to attend to, or I shall be undone without your favour when occasion falls out. Newcastle. Signed: Jhon Carey.

1 p. Holograph. Addressed. Indorsed.

314. Sir R. Carey to Burghley. [July 30.]

"Nowe that yt hathe pleased God to call my father to his mercies," my authority from him for government of the East March is extinct. This place has great need of an officer, and the country will go to ruin if some fit man be not presently appointed. I will do my best to keep order till I hear further. Berwick. Signed: Rob. Carey.

½ p. Addressed. Indorsed by Burghley. Swan wafer signet.

315. John Carey to Sir R. Cecil. [July 30.]

"Your knowinge my miserable fortune, and hard estate by my late losse, makes me the boldelier to offer myself to be patrenished under the shadow of your winge, praying you to . . . frend and helpe a poore frendles man . . . protestinge ever to knytt that little tallant that God will allott me, in the eande of your napkyn." My present suit is your being a mean to the Queen to appoint a lord governor here, honourable, wise, and discreet, for the place needs such a one after the governor's long absence. And besides "because he shalbe matched with the most perverst and prowde nacion in the world, and yet such a people as will sone find what is in him," he must be an honest man, for the good or bad of the town and country lies much in the governor's hands. I will also ask your honorable favour, for some things in my father's time detained from me, and wherein I may sustain great loss, if I find not friends. There is no news from Scotland worth writing, they are so fickle and uncertain "like themselves." Berwick. Signed: Jhon Carey.

1 p. Addressed. Indorsed.

316. John Carey to Burghley. [July 30.]

I will not seek for anything that was my father's, though I know he had many good things—for since I had nothing of him in his life time, I will not desire to be bettered by his death—"thereby to be tormented with continewall remembrance of my too grevous a losse." All I desire is there may be an honourable man placed in his room, for "yf I may speke without offence," the place is worthy of such a one as hath "honor, wiesedom, discrecion and good understandinge, for he shalbe matched with the craftiest, prowd, and most deceitfull nacion this daie in the world." My care for the place makes me thus presume on your "honorable pacience."

We are in the middle of haymaking, and if no care is taken of the governor's hay, he cannot keep his horses. There should be order taken with the "growndes" whereon his horses will go, and if now appointed, it were good he sent some officer to see to this, and I will look after laying in the hay.

My only suit at present is that it would please you "to patrenishe me with the honorable tytell of a father," who shall be as obedient and loving as to my own father—expecting no protection in any bad or dishonest matter. "Do not thinck my good lord, that this desier proseades of preid, but of affectionate love, not grownded of a smale tyme, but roted as well in the happynes of my countrey as for my owne good."

We are only to-day beginning the pay, for the treasurer came no sooner. How it will end, "God knowes," for there is 1000l. short of the full sum.

Thus praying your honor to be careful in choice of a governor and to send him quickly, that I may thus have leave to come up for my own business, I cease further trouble. Berwick. Signed: Jhon Carey.

pp. Addressed. Indorsed by Burghley.

317. Scrope to the Privy Council. [July 31.]

Your letter of the 22d July "came to my hands the last of the same." I see you have again referred the examination as to "blackmeale" to me. I remind your lordships it was so before, by your special order, but as I found the truth "overborne by the awfulnes of the Grames (against whom non here dare give publique accusacion and testimony of evill)," I thought it my duty to transfer it again to your "more powerfull decidinge and orderinge, as Mr Knevet I thinke remembreth," to whom I advertised my proceedings, as well as to your lordships. I shall never be able here to get at the truth in that matter, which I would not have returned, to your lordships' trouble, if I could get men ready to speak the truth according to their consciences. And must humbly beseech you to regard the cause, and "put order thereto before the accused be dismissed from your lordships."

For the 2 Grames who excuse themselves by the special charge given them by my father, to defend their neighbours—their disposition then was the same as now, viz., neglect of the defence and safety of their neighbours, by letting the Scots riders come and go through them to spoil others—and practising with the Scots to undo those "to whose persones or lands they caried mallice or quarrell." This is not my suspicion only, but known to the whole country, though none "dare avowche yt openly."

These two, and the rest, deny intelligence with Buclugh: but I thought my information being her Majesty's officer solely for her service and good of the frontier, without malice to them, might have been of more credit than the impudent denial of known murderers and robbers—"consideringe also they pleade their owne cases, wherin I think no man can expect that they will make a true confession to accuse themselfes." And though I see her Majesty likes not a rigorous course against them, yet I will recall to your memories, what I have said to others, "and to assure, that for the Grames beinge at the horsrace before the breach of this castell (at which tyme th'enterprise for the same was resolved upon, Buclugh then declaringe his intencion for the setting oute of Kinmont, and demaundinge at the Grames howe many of them would take his parte therin?): and also that they were "with Buclugh at the Langham, as is advertised—besydes the brute of this wholl countrey, William Grame of Medop, Will of the Rosetres, Hob Forster, Robert Grame of the Fauld, and a brother of Water Grame, with thre or foure Scotsmen, have confessed to my selfe; besydes the testimony given me by the lettre to me sent from Richies Will, which lettre I sent to my very good lord the Lord Thesaurer,"—their suffering Buccleuch to ride through them to and from this castle "withoute showte or let," makes all more manifest. But seeing her Majesty's indisposition to sharp measures, and as these witnesses fear the malice of these Grames hereafter, without better protection from feuds than some of them have found in times past, I forbear to press them, and they make difficulty either to confront the accused, or have their names disclosed to any but myself. As for the Grames' complaint of the Scots spoiling their tenants in their absence, those proceed from their own "knaveries and accustomed most divellish devises" to procure pity: for these are done by their own friends mostly. If her Majesty tolerates indignities to herself, and disgraces to me her officer, by forbearing "severe and sharpe handlinge to those caterpillers . . . (I meane those Grames), I must think my case the most unfortunate of all mens, to fynde myne owne dishonour in those services of her Majesty, which I hoped (at her Majesty bestowinge this place upon me) should have made me happie." I assure your lordships what I have done against these Grames, has proceeded from my care to do acceptable service to her, and honour to myself, by freeing this office from "the miserable oppression and cruelty" of them and their friends. Carlisle. Signed: Th. Scroope.

pp. Holograph. Addressed. Indorsed.

318. Scrope to Burghley. [July 31.]

"I have received your lordshippes chidinge lettre of the xxiijth hearof, which in all due thanckfulnes I acknowledge to have proceeded from your more than fatherlie love towardes me, that accept and interpret the same no less freindlie then your lordship hath ment yt." But give me leave to recal the true cause which first moved me to beg that the Grames might be sent for before your lordships—which was not from malice or desire to take their lives, but for the quiet of the country, to have them chastised, bring them to better obedience to the Queen and her officer, and to be more peaceable among the Queen's subjects, who have these many years been (and still are) "a praye unto them and theirs, howsoever with brason faces they can denie the same." These considerations, and no other "humour," moved my desire to have them sharply dealt with. For my sending up, as your lordship expects, such good proof as I have, my witnesses, seeing the light account of the testimony already given by some of them, and fearing the malice of these men hereafter, shown by the not forgotten death of Percival's Geordie, it is not their protection promised in your letter for their coming up, that they stand upon, but what security they are to have "for them and theires in tyme to come when their services in this behalfe shalbe slipped oute of the memorie of her Majesty and counsell?"

Your forbearing to impart to her Majesty my desire to resign, I hold to proceed from your lordships "good will and lovinge regard," yet seeing my useful service here crossed, "and my crossers to be graced by my discountenance," I must still entreat your lordship in such sort as your wisdom sees best, to move her Majesty for my leave to surrender it with her good liking, that her highness may make trial what obedience these Grames will give under another, being assured they will do nothing under my government. But if her Majesty will not let me leave, "nor give more sharpe chastisement" to the Grames, she may be pleased "to kepe Brakenhill, Rosetrees, and young Hutcheon, the cheife persons in the practise against this castell," and let the rest home with fit security, to try what good service they will do, though I conceive little likelihood of it. "Assuringe your lordship, with whom I make bolde to be plaine—the Grames shalbe all no sooner returned hither withoute sharpe handlinge before, but I shall theron leave this office, and comitt my life and livinges to her Majesties disposinge—choosinge rather to die honorablie, or leave my countrey, then to lyve in place where I must be subjected under the mallice of those whom once her Majesty helde me worthie to governe, havinge for myne owne parte hitherto done nothinge that maye justly occasion the deminution of that her first good opinion of me."

The nightly burnings, &c., here by means of their friends and Buccleuch, since they wrote of their gentle usage, hath forced me to call down 200 men from the inward part to lie nightly on the frontier—"an insupportable charge" to the country, which I must keep, till otherwise ordered or relieved by her Majesty, or these storms are "overblowne." Carlisle. Signed: Th. Scroope.

(fn. 4) The inclosed in reply to the Privy Council's letter received to-day, I pray you "cause delivered."

pp. Addressed. Indorsed.

319. Articles signed by the Grames. [July 31.]

To be bound with sureties, men of "livelood" in Cumberland, to observe the following:—

(1) To keep the Queen's peace to her subjects, and if any provoke them by word or deed to use violence, they shall complain to the Lord Warden or deputy, who shall punish the offender.

(2) They shall neither directly nor indirectly aid a Scotsman, or English outlaw to rob or burn in England, or harm the person of any Englishman.

(3) If they hear of any such design, they shall not only inform the Lord Warden in time, but also watch at passages and otherwise do their best to apprehend such persons.

(4) If such attempt is made before they hear of it, they shall repair with able men of their blood or alliance, to the place, or attack the offenders returning, and assist the owners to rescue the spoil, within 6 days after offence, as ordered by treaty.

(5) They shall attend the Lord Warden or his deputy when summoned, and all warden courts unless dispensed with by him.

(6) They shall deliver "bookes" of their servants and children able to ride or use weapons, to the Lord Warden, and be bound for their keeping the peace, &c., as above, or deliver them up for punishment.

(7) They shall be ready with horse, armour, and weapons to defend the Border, under penalty of distraint on failure so to do.

(8) They shall take no money or goods for defending any Englishman, unless the giver before 2 or 3 "honest" persons, confess his willingness to recompense their "paines and charges."

(9) If the Lord Warden secretly purpose a roade in Scotland, none of them shall warn any Scotsman by letter, message, or other token.

(10) They shall choose one of best value of their name and blood, to keep peace among themselves, "to be yearelie and newelie chosen," and presented to the Lord Warden, before whom he shall take a corporall oath to the above effect.

(11) They shall submit to the Lord Warden to be ordered and governed according to Border law, as others are in the wardenry. Signed: Walter Grame, Will Grayme, Richart Grame (fn. 5), J. Grame, Willem Grame, Howchane Grame.

3 pp. Written by Burghley's secretary. Indorsed by Burghley: "Ult° Jul. 1596. Artycles to which the vj Grames ar to be bound."

(2) A draft of the same.

pp. In Burghley's hand. Indorsed by him: "Copy."

320. Answer of the Grames to the Articles. [July 31.]

Touching the articles of their bond, they say that they are reasonable for every good subject. Yet under correction, that "it is hard either by vowe to bind a Christian to doo all dueties that ar to be doon towardes God, or by bond to tye a subject to perfourm all vassalages towards his prince," for by malice a small suspicion may serve to forfeit a bond, and they are loath so to endanger themselves by bonds, "especially to my lord Scroop," whom all the country fear by his last proceedings, is not friendly to us. "But wee six Grames who ar hear present," offer to put in sureties that we, our servants and families, shall be answerable either to the common laws of the realm, or to the "marshall lawes of the Borders," which we take to be as much as her Majesty can require. Yet we submit ourselves to your lordships' direction, offering, if thought meet, to be bound with sureties to observe the said articles. Signed: Walter Grame, Will Grayme, Rychart Grame (fn. 6), J. Grame, Williyme Ghrayme, Howchone Grame.

1 p. Indorsed by Burghley: "Ult° Julij 1596. The answer of the vj Grayms to certen articles conteaning ther submission with some pretence to be forb. (?) for ther othes."

321. Bond by Scottish prisoners. [July.]

Recognisance in presence of Sir Ralph Eure knight, lord Eure lord warden of the Middle Marches on July 38 Elizabeth, by "A.B. de W." Scotsman, and "R.V. de B." in the county of Northumberland gentleman, as his "manucaptor." Whereas the said A.B. was lawfully apprended on the above day by "T.C. of C." in the said county, without lawful occasion to be there, he binds himself as lawful prisoner "hale man and fear," to enter himself to the said lord warden, to answer all trespasses, burnings, murders, spoils, &c., done by him or any of his name or kinsfolk, whenever called for; also to enter himself as lawful prisoner to the said T.C. for any spoil by said A.B. or his foresaids on the said T.C., or any of his tenants, followers or servants inhabiting the said Middle March, within 20 days after warning given at the "now" dwelling house of the above bounden R.V., by the message or warrant of the lord warden, or lawful demand of the said T.C., provided that the said T.C. shall acquaint the lord warden with his demand before he shall give notice to the said R.V. for entering the aforesaid malefactors challenged by T.C., viz. the above bounden A.B. or any of his house, being of his clan or kindred. "That then this recognizance to be voyd or els, &c."

1 p. Indorsed by Eure: "A trew coppie of a bond taken by the lord wardaine of the Midle Marches of England versus Scotiam, of divers Scotesmen laytlie taken presoners."

322. Scottish Outrages in the East Marches. [July.]

1. 3 poor men in Woller slain by Cesford himself: also another Englishman, Will Storye.

2. An honest yeoman called Boulton slain by Sir John Carr while driving his plough.

3. The same Sir John fetched 2 protected Scots out of England, drowned one and hanged the other.

4. Certain Scots broke into Mr John Selbies howse of Tyndall and "cutt him in peces," without known quarrel.

5. Young Mr Haggerston, Thomas Burrell, &c., "was extremely hurt and mangled." Divers towns laid waste.

6. Her Majesty's "skowte" twice shot in danger of death under the walls of Berwick, and Mr John Carey's cattle taken there.

7. Afterwards cattle taken out of the "Coningrees," a privileged place.

Jack Dowglass:—

1. He came to the Snoke and the "Mawlkyn feildes," accounted as close as within the walls, and took 6 horses.

2. A time before, he took 16 kyne and oxen, and 2 nags of the garrison's, out of the castle feildes.

3. At another he took some of Mr Vernon's wethers out of Gaynes Lawe.

4. And with the Pringles he carried off the "harrage" and cattle of Rugley.

1 p. Indorsed by Burghley's secretary and himself.

323. Report on Decays of the Borders. [July.]

[Drawn up in tabular form with the names of the defaulters.]

Abstract.

"Easte Marches:—

Northumberland.—The decaies and causes thereof since anno xmo regine Elizabethae."

By negligence and wilfulness of owners and farmers, 152 horses; converting tenements to domains or pasture—dividing or conjoining, 48 horses; excessive fines, improved rents, services or oppressions, 188 horses; by Scots not denizens occupying lands in England, 13 horses; by Scottish spoils and ransoms, 139 horses—total 540 horses.

Value of Scottish spoils, 6,876l. 6s.

"Midle Marches."—

Northumberland.—By the like causes, and murder of English subjects, 1,245 horses.

Value of Scottish spoils, 15,876l. 11s.

Bishopric of Durham.—

By the like causes, 257 horses, 2 halls, 20 mansions, houses, &c.

"West Marches."—

Cumberland.—By the like causes, poverty and decays "not perfectly expressed," 146 horses, 11 footmen, "3 houses of strength."

Westmerland.—By the like causes, 95 horses, 19 footmen.

The reporter sums up the causes under two heads.—(1) The disorders among the English, and (2) the insolence and rapine of the Scots, with suggestions for remedies by treaty, act of parliament or order from her Majesty. He defines deadly feud thus—"Deadly foed, the word of enmitye in the Borders, implacable without the blood and whole family distroied, whose etymologie I knowe not where better to fetch then from Spiegelius in his Lexicon Juris, in verbo 'feydam': he saith it is an old Teutch word whereof is derived by Hermanus Niroranus (?), faydosum, Hostis publicus: 'foed' enim, Bellum significat."

He also points out among other drawbacks to justice, that the Scottish wardens, being native borderers, are "extraordinarilye adicted to parcialities, favour of theire blood, tenantes and followers," and that none such should hold office. He recommends the practice of blackmail to be put down by act of parliament. It is taken and given both by Scots and English. The Borders being in great "penurie" of silver, pay rent in meal, corn, &c. "Soe that this bribenge they call Blackmeale, in respecte that the cause for which yt is taken is fowle and dishoneste: (accordinge to the sayeng of the civill lawe: parta turpia sunt quae turpem causam continent) and is paid in meale corn or victuall." He recommends an enactment that felonies in Northumberland and Cumberland be tried elsewhere, from the difficulty of getting convictions in these counties (especially the former) if the felon is of any surname, as appeared at Hexham gaol delivery 1596. Those of Northumberland to be tried in the bishopric, and of Cumberland in Westmorland—for the people of these inland counties (though "not cleare") are less given to factions, and more willing to justice on felons.

He advises, as the wiser men of these parts think, that her Majesty should order her castles to be repaired, and small garrisons of inland men placed, towards which the country might contribute, on assurance of defence, as it would save them paying blackmail.

Finaily, as the wastes on the English border are very great and spacious, "without people, espetially in Tyndale, and the Scottish partes populous, therfor that upon passadges and fordes, there might be habitacions, and if it might be soe thought convenient, some colonies to be transferred thether, from other partes of the kingdom, where yt laboreth of the abundance of people. It is enformed that in King Edward I. time, the crown receaved 1700l. yerelie rent in thos partes of Tyndale; and that nowe her Majestie hath but 30l. A rentall hereof is said to be in the custody of Nicholas Rydley of the Eales in Tyndale."

17½ pp. Indorsed: "The decayes of the Borders towards Scotland, and the causes thereof." Added by Burghley: "Collected by Mr Fern."

Footnotes

  • 1. "Of Netherby" added by Burghley.
  • 2. This signature by the writer of the answers.
  • 3. "Alias Willis Jock" added by Burghley.
  • 4. The P.S. holograph.
  • 5. This, and the last two signatures, are by one hand.
  • 6. This and Hutcheon's signature in one hand.