Calendar of Border Papers: Volume 2, 1595-1603. Originally published by Her Majesty's Stationery Office, London, 1896.
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489. Offers by the English Commissioners. [Feb. 1.]
Motions by them, wherein they require answer in writing and concurrence in action from the Scottish commissioners.
Under four heads:—
They declare their powers and the manner in which they propose to exercise these; finally offering to present their wardens at Berwick to join in justice, &c., requesting a written reply from the Scottish commissioners "Copia vera: T. Duresm." (fn. 1)
2 pp. Indorsed.
490. Sir W. Bowes to Burghley. [Feb. 1.]
The Scots' commissioners having dispatched Mr David Hume brother to the Laird of Wedderburne for the King's answer to our demand touching Sir Robert Kerr, and we having written to our ambassador thereon, the King was pleased at his earnest solicitation, as our general letter and inclosures will show your lordship, to give us priority of naming first, instead of casting lots as before directed on 23 January—which Mr Hume was to declare "by speache" to his commissioners. Whereto Mr Hume having answered, that Sir Robert Kerr would be filed, the King replied "that he must doe justice." Yet the secretary confirmed the abovewritten instructions of the 23d, though he admitted that the ambassador had earnestly pressed yielding priority to the Queen. This diversity or rather contrariety between the written direction and the King's speech, caused their commissioners to send again to the King for "better suertie," and meantime Sir Robert Kerr, who had pretended such sickness that he could not be here, went to Edinburgh to make his own way, and got letters to the other three commissioners, that the malice borne to him by the Laird of Wedderburne for his killing William Kerr of Anckram, should not turn to his prejudice in this action. The ambassador likewise, informed by us, did his best with the King and council, as by his last letters also sent to your lordship, will appear—"which though it were given him well late yesternight, yett received wee advertizement this morninge before our session. And being thereby made privie to the Kinges purpose (the deceipt whereof his commissioners doe not yett acknowledge), wee ordered this daies proceadinge thus:" First—we recounted the points agreed on before, with our protests and offers of concurrence (a copy of which is with our general letter), and this being the day and place appointed, we presented our warden, assisers, and allegation of invasion against Sir Robert Kerr, and called him openly as summoned, but neither he nor any Scots' assisers appeared. For this default we refused to hear their complaints, but agreed that they should call such persons as we arrested on their desire—whereon they called Mr John Carey governor of Berwick, purposing "(so far as I can learne)" to charge him with the murder of Dagleece, who appeared.
We pressed them with just reasons to satisfy our demand touching Sir Robert Kerr, whereto they said they had no power to yield priority unless we won it "by lott."
In arguing, as we did, that the greatest matter since the proclamation should be taken first, they brought forward a bill against Lord Scrope for commanding a great force, including "waged" men of the Queen's, to invade, burn and spoil in Liddesdale, "&c.," about 10th August last, and then reset them in his house, "&c." Our answer was that it was a mere "supposall" as yet, and if true, was a mere counselling, not a commandment: and for resetting, Border law only takes knowledge if it is of fugitives. At any rate it was before the Queen's proclamation of the 20th, though the Scottish King's was "in dede" about the beginning of August. Yet I could not justify this act of Lord Scrope's, without her Majesty's pleasure, though it appears a justifiable reprisal by the law of nations, the civil law, and the law of this realm. I could wish, if it seems good to you, that by the advice of those learned in both laws, the nature of a lawful reprisal might be set down, to defend Lord Scrope's action, and be a precedent for the wardens hereafter how to act "whilst the denyall of justice is yett greene," on fitting occasions, "after some small while that this pill were digested." Berwick. Signed: Will'm Bowes.
2 pp. Addressed. Indorsed. Wafer signet: a sheaf of arrows; motto, indistinct.
491. Scrope to the Council. [Feb. 1.]
I have refused to obey the commissioners' command to send them the bills and rolls of complaints by any in this wardenry against the office of Buccleuch, till I know her Majesty's satisfaction therein by your lordships—for if his "proude attempt" against this castle be not redressed, before any other small crimes are settled, I leave it to your wisdoms how unpleasant it will be for me to give and take justice in such, till he is punished for that high offence.
The commissioners have done nothing yet, but stand for the delivery of Cesford for taking Roger Wetherington out of Swinburne castle, which the Scottish commissioners' instructions, contradictory to their commission, prevent their doing, as it seems to me.
My urgency in this matter of Buccleuch proceeds from my loyal care and regard to her Majesty's honour, and I humbly beseech your lordships so to construe it, and to give me your gracious opinion in the same. Carlisle. Signed: Th. Scroope.
1 p. Addressed. Indorsed: " . . . Receaved at Whithall the vjth of February."
492. Sir John Forster to Burghley. [Feb. 1.]
I am sorry to trouble your honor, yet trust you will pardon my boldness, the matter concerning me "so neare." I moved the commissioners on their way to Berwick, to call me to answer for any misgovernment committed by me in the Middle March while officer there, and if I could not purge myself, to let me have my deserts—doubting not but the Bishop if required, will certify how ready and willing I have always been to do justice. Her Highness was pleased on your suit to licence me to lie in the bishopric or any other place except Northumberland, for my better health. I have of late sued to some of my good friends in the bishopric to lie there, but find them unwilling to receive me, "by reason the sicknes is so dangerous here in Newcastle, and dailie like to increase—and to traveile anie further southwardes, my bodie is not able without danger of my lyfe." Since Whitsunday last, I have had goods stolen by the Scots worth 1000l. sterling, as my bills before the commissioners at Berwick show. Which, if her highness had suffered me "to have lyen at my house at Bambroughe in the Easte Marche," I might have prevented, for I hear they say openly in Scotland, that I will never come back to Northumberland, and therefor "they will be doinge with me." I would be an earnest suitor therefore, for your "being a meane unto her highnes, that I mighte lyve and end mine old daies (having one foote alredie in the grave) in my house in Bambroughshire, which wolde bringe no lytle comforte to mine olde age," and I with my friends should be ever ready to serve her to our best. Newcastle. Signed: John Forster.
¾ p. Addressed. Indorsed. Wafer signet: armed right hand holding truncheon of a spear, "I. F." at sides.
493. The Commissioners to Burghley. [Feb. 2.]
We wrote since our coming here twice to your lordship, on the 19th and 24th ultimo, by the ordinary post, whereto we should by this have received answer as to her Majesty's pleasure on Sir Robert Kerr's invasion, before proceeding further. We have had sundry conferences with the opposite commissioners, and generally prepared for beginning business this day—but we fear in vain, not having as yet so good an answer from the commissioners or the ambassador as we looked for, or her Majesty's pleasure as above. The difficulty is greater in those respects—(1) a supposed defect in our commission, the word "invasions," though mentioned in the preface, yet in our authority it is not "especifyed," unless haply implied under "whatsoever offences," which interpretation the Scottish commissioners refuse to accept as reasonable. (2) As the object of the commission seems not for redress of hostility against the prince, but offences against the subjects. (3) Though her Majesty has directed us to call first on Sir Robert Kerr's outrage, yet they allege the ancient custom yields no priority to either party, except by lot (which we deny) but dare not venture it, lest it "sort" against us. (4) Whatever amends be granted therefor, they say should not be done till all the bills are tried. (5) They can find no precedent for amends of such an offence, nor can we learn if any Border law or custom provides for it; so it is rather thought to be "of such transcendent nature," that no treaty does so. To these we have replied as well as we can, that by civil law and law of nations, whereon Border law is greatly grounded, and by a clause in the treaty (5 Eliz. article 13,) it is ordered that in this very case, "the redresse is to be made by the delivery of the offendour."
Meanwhile we desire to know what her Majesty will accept for amends and satisfaction, with convenient celerity and plain direction, and whether if refused we shall break off and depart home.
Yesterday they exhibited a schedule, the copy whereof is inclosed, demanding certain fugitives, whereto we beg your advice how to qualify our answer—also whether her Majesty intends that we should call for or deliver any other than fugitives for Border causes, "commorant" in the Marches? We also send a copy of the offers we made to them for reforming disorders, &c., on the Marches. But some of us having seen by the King's late instructions and the secretary's letter of 23d ultimo, how much they are straitened, we have less hope than we had of doing the good service we desired, especially since we see by the ambassador's letter, a copy of which we purposely inclose, that Sir Robert Ker prevails with the King and council beyond expectation, "and against all Godes forbode." Berwick. Signed: Tobie Duresm., Will'm Bowes, F. Slyngisbe, Clement Colmore.
2 pp. Addressed. Indorsed. Wax signet: Mathew's private arms.
494. Sir W. Bowes to Burghley. [Feb. 2.]
Since my letter of the 1st, where I showed how we stood strictly on both sides on our directions, we have seriously decided to pass over questions of form, as priority, &c., and proceed to substance, rather than separate with nothing done. I must here "acknowledge the religious conformitie of the opposite commissioners (especiallie the Laird of Wedderburne) to imbrace the good motion, which sorted in this manner":—the Tolbooth affords us two rooms, and 2 commissioners, taking to them the two deputy wardens of the East March, called a Scottish bill at their choice; the other 6 commissioners above, at the same instant tried the Queen's allegation of invasion against Sir Robert Kerr, wherein he "was fyled upon the commissioners honors, to undergoe suche penaltie, as our generall lettres will report." The first bill of the Scots' side was the murder of Dagleish, wherein at first they charged Mr John Carey governor of Berwick, and Sir Robert Carey, warden, for command and reset of the doers. But being answered as in the case against Lord Scrope in my former letter they altered the bill against Joshua Dalivell only, a gentleman of the garrison, who is found "foule."
The other bills we divided, the murders being tried before 6 commissioners, the "stouthes and reifes" before two commissioners, Sir R. Carey, 2 deputy wardens and the gentlemen assisers of both nations. In this day's work, two great difficulties occurred. First they will not meddle with the 12 soldiers slain by Buccleuch and Cesford, for it was in December, before the treaty by my Lord Hunsdon in February next after: "they beinge as I take it so instructed in favour of Sir Robert Kerr, who hopeth to avoide his other murthers by evasions coyned out of twoo great frontier disorders, namely," (1) intermarrying with Scots, some of the murdered being, he alleges, Scots; (2) the confused proceedings against outlaws, whereby he proves from his own book, some of the murdered were fugitives, and by Border custom not protected by either prince—but on this we insist for precise proof. The second difficulty to-day, is the manner of trial mentioned in my former letter to your lordship, that little or no avowry can be got for proof of our bills, the Scottish warden, whose privity can only fyle or clean on honour, not being here, and their assisers "men so trayned in border shiftes, that it drawes us into a bottomeles sea of busines." I foresee another danger,—the murders being so many, and the sum "so huge," so soon as they see delivery must take place, they will all at an instant become outlaws: and trusting to their number, "site of dwellinge," and strength, cast away all fear and exceedingly trouble both realms,—if some joint course be not taken for prevention. Berwick. Signed: Will'm Bowes.
2 pp. Addressed. Indorsed.
495. Sir W. Bowes to Burghley. [Feb. 5.]
The opposite commissioners, so instructed from the King, have "billed" Lord Scrope for the invasion, and Captains Carvell and Twiford for the spoils, in Liddesdale last August. Taking advantage of the choice under the treaty, that the plaintiff may seek redress in the March where the offence was done, or in that where the offender dwells, they have charged the captains in this East March, and arrested Lord Scrope in his own, to answer when the time comes. As Lord Scrope has made me privy, that on his showing the denials of his often demands for justice, her Majesty was pleased to give him leave by letter under her own hand, to make the reprisal from which both these bills proceed, I durst not presume without her highness' pleasure, to plead the same, though justifiable by the law of nations, the civil law and statute law of this realm. "The opposites" pressed the bill against the captains so earnestly, that we were forced to answer, that they, not dwelling in the East March, but serving in Berwick town, were not bound to answer in Northumberland, that town being exempted from the law or sheriff in the county, and severed from the East March, for the warden's sergeants can make no arrests in it, but "commend" them to the Marshal's officers in the town. Thus the captains, not as borderers, but as other subjects, should discharge the Queen and warden in the West March, where the fact was committed, at the proper time for dealing there. And we offered to produce Lord Scrope to answer and give redress in full, if they undertook the attendance of Buccleuch and Johnston, to answer in like manner. But they refuse these offers, and this "stopp" will be very prejudicial, unless your lordship and the rest instruct Lord Scrope and us whether to justify the reprisal, or become "foule" of the bill either here or in the West March as may be agreed on.
Touching the last clause of my letter of the 3d, on the mischiefs like to ensue from driving such a multitude of armed malefactors to become outlaws in despair of clearing themselves of the huge sums and murders fallling on them: on secret conference with some "discreetest" borderers to enable me to inform you better, I find my "conceipt" more confirmed and the remedy much harder, for though the King might be induced to command delivery here for the East and Middle Marches, yet Liddesdale and the West March would "take a fray hereby," and even if in my weak judgment, "both partes" are drawn into this place, which will not be safe or convenient for this town, or the commissioners divided, &c., so as the several deliveries may be done at one instant, or the King send some great person to exercise a strong hand over Buccleuch and Cesford, which I fear is unlikely, none of these courses can be trusted to in so weighty a matter. I have commended this to the ambassador's knowledge, hoping also for your directions. Berwick. Signed: Will'm Bowes.
1¾ pp. Addressed. Indorsed.
496. Sir W. Bowes to Sir R. Cecil. [Feb. 6.]
In this "thronge of busines," hearing multitudes of causes, keeping us "without intermission from nyen a clocke till fower every day," besides preparing bills, &c., your honor must pardon my not writing oftener, my health not having been good since I came here: and I beseech you to take knowledge from my letters to the Lord Treasurer. Lord Hume came here yesterday, and sat a few hours with us, while the cause of the captains was debated, which I give more at large in the last of my other letters. In the most important point of this service—to avoid the breach of the borders, I have dealt with some of the opposite commissioners, and Mr Roger Asheton, to move the King to order such delivery as we shall find fittest, also to the Queen's ambassador to solicit him earnestly therein. I boldly do this for relief of the poor wasted country of Northumberland, for I fear the notorious malefactors of the two Tividailes will not be holden here, till we have answer from your honours. I see so great jealousy of her Majesty's offence against Buccleuch and Cesford, that the labour of their friends, added to their grace with the King, has procured the charges of invasion (as they call it) against Lord Scrope and the Governor of Berwick, and will, I fear, impede their delivery—"the verie lyfe and substance of this service." Berwick. Signed: Will'm Bowes.
1 p. Addressed. Indorsed.
497. Scrope to Burghley. [Feb. 7.]
I have forborne replying to divers letters from the commissioners at Berwick, "to have mee with them," till I knew her highness's pleasure as to dealing with Buccleuch for his indignity done to this her castle—for I have small hope of satisfaction from him for this or any other—as he himself, during this time of their sitting, with other his accomplices "(as the kild mans wife, with Willie Grame of the Rosetrees, and yong Hutche Grame informeth)," came to this border and most cruelly murdered one Lee; also sundry in his office of Liddesdale have done outrageous offences, as I have acquainted the commissioners. Farther at his being at the Armitage last week, calling most of these badly disposed persons before him, and letting them know "the like-hoode" of the commissioners making redress, and to advise what answer they would make: "(I was informed by son that wer there present, that he made it only in a fayned and cullorable sorte)"—they answered they would rather be at their own liberties, having so highly offended England, than crave redress—and so most contemptuously refused to go to the commissioners, and departed. "He giving it forth for a greate vant, that he had gott a fall, and broke his shoulder bone, so as he could not be at leysure, and doubted that all the phisitions in Edenburgh could not cure him of that deseaze, untill her Majesties comissioners had made an ende at Barwike." My "brother" Sir William Bowes writes to me the commissioners have only filed Sir Robert Car for Swineburne castle, &c., with no certainty of delivery. It is very hard, in my opinion, for the poor men here to be forced to travel to Berwick at heavy charges, only to have their bills filed, if the commissioners leave delivery to the princes; and unless the King were inclined to cause speedy delivery, I shall not prevail with them to go there; but were it assured, I would do all good offices to further it. Thus desiring to know from your lordship her Majesty's pleasure, "having desired a longer tyme for the poore mens resort to the commissioners." Carlisle. Signed: Th. Scroope.
2 pp. Holograph. Addressed. Indorsed: ". . . L. Scroope to my Lord." Wafer signet.
498. William Selby to Sir R. Cecil. [Feb. 8.]
"At this commission now sitting in Barwick . . . Mr George Muschamp and my nephew Raph Selby being deposed by the commissioners whether one George Nevill servant to the Ladie Gray, and Mr Raph Gray, had stollen certeine cattle from Mr Walter Carre of Littleden, a Scottish gentleman"? the theft being notorious, they could not without breach of their oath but file him. Nevill in revenge, filed a bill for 144l. on Ralph Selby, who is known by all to be as free from such misdemeanours as any gentleman in England. At the time of filing, my nephew "mooved" with this false accusation, said he himself was honest, "though Nevill wer a thefe." Mr Raph Gray answered he was an honest man and no thief. These or like words passed between Gray and my nephew before the commissioners, as I heard, for I was not present. But hearing of the unkindness, I sent to Mr Gray and his brother Edward, desiring a friendly meeting to confer. Next morning Mr Gray sent to tell me, he and his brother Edward would meet me in the churchyard, "and very soone after" sent again to say he could not come, but that Edward should meet me. I went, with only my nephew and one servant that held my "footecloth" horse. Soon after Edward Gray came "attended on to my judgement," with about 15 persons of his brothers' and his own servants. On entering the churchyard, we met and saluted one another, and as he desired "we two alone" went to the back of the church to confer. I began, and told him I marvelled that he and his brother would maintain "so badde a fellow as Nevill" to slander my nephew an honest man, and file a bill on him "that never had to doe with theft." He said Nevill was honest; I said he could not be in this act to my nephew; he said he would maintain and provo him honest, "and suddenly drew his sword upon me, I did the like in my owne defence. Streight way came upon me with ther swordes drawen, from the end of the churche, 5 or 6 of Edward Grayes servantes, drave me to the church wall, being all alone, and oppressed with nomber, defending myself I fell, and being downe receaved two wounds, one in the heade, another in the hand. The minister being in the church, came out, and a shoote of women riseing, certeine of my frendes of the towne came "to my reskew, in doeing wherof, against my will and knowledg, they hurt Edward Gray, and one of his company servant to Mr Raph Gray, was slaine." I protest to your honour that I am innocent and know not how he came by his death. This is the truth for your honor's consideration. I have served her Majesty and her progenitors in the wars these 48 years, and trust my behaviour hath approved me an honest man and no brawler. I also thought my place here as gentleman porter, and a councillor, and my age, had privileged me from violence. But it is manifest that it was "platted" by Mr Raph Gray and Edward, or by Edward at the least. Berwick. Signed: Will'm Selby.
2 pp. Addressed. Indorsed:" . . . Receaved at the Strand the xiijth of the same." Small wafer signet: a shield barry of 8.
499. Ralph Gray to Sir R. Cecil. [Feb. 8.]
While attending here these 14 days on her Majesty's commissioners, with my brother Edward Gray, appointed deputy warden for my lord Ewrye for the Middle March, one William Selby gentleman porter of Berwick and his nephew Ralph Selby on account of a bill filed on the latter by one George Nevill a dweller on my lands: under pretence of a secret conference thereon, appointed with my brother in the churchyard of Berwick, did unlawfully place certain men in secret thereabouts, and in the conference, William Selby beginning an affray on my brother, who was attended by only 3 servants "farre distant from him," immediately the men in ambush suddenly assaulted my brother and servants, and Ralph Selby coming "behind one Bryan Horsley my servant, did with his raper runne him in at the back, throughe the body, and so cruelly murdered him," my brother and the other 2 being sore hurt and wounded hardly escaping with their lives. And as the Selbys who are to receive trial, are so allied with most of the townsmen of Berwick by marriage and otherwise, and are of authority and office there, I would humbly entreat your letters to the Mayor and magistrates of the town, to have an "indifferent" trial therein—or rather if possible, to have the trial at Newcastle, Durham or York. Berwick. Signed: Ra. Gray.
Postscript:—I sent this bearer of purpose to my lord your father and your honor, to declare the whole circumstances of their proceedings and cruel practices herein.
1 p. Addressed. Indorsed.
500. John Carey to Burghley. [Feb. 8.]
The commissioners on both sides being well affected, justice has gone forward reasonably—but I must say our commissioners are not so well "experimented" in Border causes as the Scots, whereby I fear they have overreached us a little.
A misfortune has fallen by accident. There have been almost too many Scots in the town for safety—there being 300 to 400 continually, besides "trowpes" daily coming in of 20, 30 and 40, which would be very dangerous without diligence and double watch and ward, and much increased by a matter that fell out yesterday the 7th before the commissioners in session. A bill of the Laird of Mowe's came in to be read against Mr Raph Selby for 8 score sheep: he knowing himself clear, denied it, and an English vower was called on according to custom. One Mr George Nevell a tenant to Mr Raph Grey and a servant to my Lady Grey, vowed this bill against Mr Selby, who was filed. Thereon hot words passed between Selby and Nevell, and Mr Grey being by, hearing the gentleman ill spoken to, defended his cause somewhat, whereon some hard words grew between Mr Selby and Mr Grey—which being in the open court, "was qualified by the officers in tyme." But the Selbys as I understand, sent a challenge that night to Mr Raph Grey and his brother Edward, to meet with the gentleman porter and his nephew. It was not in writing, and the Greys refused. But this morning Mr Ralph Selby sent a new challenge to Mr Edward Grey himself, whereon the latter sent a man to the gentleman porter's lodging, desiring him to meet in the churchyard, where they might debate and confer friendly on that matter. They met, but their kindness fell to such unkindness, as they fell together by the ears. The gentleman porter and Mr Edward Grey are both hurt, a very honest gentleman of Mr Raph Grey's killed, and 4 or 5 of either side very ill hurt. The great tumult in town grew very dangerous, and could hardly be allayed till myself ran into the street, attended by all the gentlemen pensioners, and placed armed soldiers at the corner of every street, ordering the Scots to keep their houses till I had apprehended the gentleman porter, his nephew, and the malefactors on that side, whom I put in ward: and then I went and bound Mr Ralph Grey and his brethren and followers to the peace. Thus I hope the commissioners may now follow the the course of justice which has this day been stayed as above. The gentleman porter's indiscretion was very great to occasion a tumult at this time, on so small a cause, which might have proved worse than it did "had it not by Godes goodnes bene prevented."
I would humbly beg your lordship to be a mean to the Queen's Majesty for my "wieves" dispatch, for I fear without it, she will hardly get an end of her business. Berwick, 12 o'clock at night, for I could write no sooner, having toiled all day in this business. Signed: Jhon Carey.
2½ pp. Addressed. Indorsed. Swan wafer signet.
501. William Selby to Burghley. [Feb. 8.]
Reporting the affray with the Grays in the same terms as in his letter to Sir Robert Cecil No. 498. Berwick. Signed: Will'm Selby.
2 pp. Addressed. Indorsed.
502. Speeches of Sir W. Bowes. [Feb. 8.]
The effect of the speeches delivered by Sir William Bowes, knight, to the other commissioners on both sides, and at their request set down in writing.
Under ten articles.—Laments the grievous sufferings brought to their notice—that their proceedings hitherto, from their not having taken and given sufficient pledges of the disorderly on both sides, had but given these persons warning to stand upon their guard, the Liddesdale men having refused to appear before them at Berwick, and the "Tindaile" surnames in the town having suddenly and secretly departed without leave.
Therefore although this course should have been taken before, the English commissioners offer to deliver to their "opposites" on the 20th instant at Tordaywathe in the West March, and Ridingebourne in the East March, 40 common riding borderers to be named by them; and will "indent" so to do, if the Scottish commissioners will deliver the like number to be named by the English, at the same time and places, to be interchangeably received for the execution of justice.
2 pp. Indorsed by Cecil's clerk.
503. Answers by the Scottish Commissioners. [Feb. 9.]
Our answer to the offers delivered to us by the opposite commissioners on 1st February instant.
Under five heads:—
They agree to join sincerely in redress of offences with the opposites so far as the treaties and their commission authorise them; but not to deal with matters touching the honour of either prince. Having summoned their wardens to attend their sitting they declare that their non-appearance before the commission rises, shall be no impediment to due justice. Subscribed by Dunkell, George Houme, Fawdenside, M. G. Younge.
Delivered 9 February 1596. "Copia vera: T. Duresm." (fn. 2)
1 p. Indorsed.
504. Notes by the English Commissioners. c. [Feb. 9.]
Examination of the answer by the Scottish commissioners to our offers.
Under four heads.—They express dissatisfaction—"according to the lawe rule—Dolus versatur in generalibus,"—winding up thus.—"To conclude, insufficient and indirect answeres, given by wise men to offers direct and of equall necessitie to both, must necessarilie argue want of will, or want of powre. The one is unjust in them selves, th'other were dishonorable in the Kinge." "Copia vera: T. Duresm." (fn. 2)
2 pp. Indorsed.
505. Scrope to Burghley. [Feb. 9.]
I would be very glad to hear by your self, how you "like of" those things I sent by Ralphe Atkinson, hoping when the commissioners have ended, to have leave to come up and conclude fully with you to your content.
I write in this haste to satisfy your lordship in some matters, wherein I hear from some "towords mee" at London, whom you have questioned lately of my dealing maliciously (as you had been informed) with divers of the Carletons, to which they could make no answer—though I have partly before certified the Privy Council thereon: that in truth I have no way dealt with the Carletons, but according to law and justice. At my warden court, as touched in former letters, I impannelled a jury of the most worshipful and sufficient gentlemen in my wardenry, "som, yea most of them, eyther of consenguynitie or at least of affinitie, with the Carletons," and by them was one Guye Carleton indicted of three several bills of March treasons, and afterwards by another like jury, he was found guilty of two of the same, viz., for horse stealing, and conveying them into Scotland, the penalty whereof by March law is death: which he worthily deserved, for besides the above, I had sufficient proof against him of 9 or 10 felonies at least, mostly confessed by himself, but could not inquire in that court. I may truly and boldly say to you, "he was one of the baddest members" in my wardenry, and all or most of the gentlemen in it will say no less. And for Thomas and Anthony Carleton, who were indicted by the same jury of several March treasons: to satisfy you I deal not extremely with them, I will tell you what more I am credibly informed against them, but not yet laid to their charge, viz., that Anthony about Martinmas last, kept in his house 2 days and 2 nights together, one George Sibson Scotsman, who committed all the outrages in Gilsland this last summer, and "is at Bucluchs comaund," and there plotted with him to steal Richard Hederington's goods and cattle: and accordingly the next night, Simson and other Scotsmen broke Hederington's house, and carried off 10 oxen and kyne, and so hurt him that he "presently" died. And last midsummer, Thomas Carleton kept Simson in his house at Askerton, and so dealt, that 2 days after, Simson and "one Wattie Harden" a chief officer under Buckleugh, the Laird of Egerton and 200 more Scots, ran a day foray in Gilsland at Rinyon hills, West Hall, the Soglin, and Ticrossock, within Thomas Carleton's office, and none of them "moch above a mile" from Askerton, Carleton's mansion house, and carried away 300 oxen and kye, a horse and a nag.
And as Lancelot and some others of the Carletons are desirous of trial before your honours of the Privy Council; I am well contented if you grant it, so that I be there to show your lordship that they were the sole procurers of the spoil in Gilsland this last summer, and will prove it by "a favorite" of their own thoroughly acquainted with all their courses, who shall avouch it, and if need be, greater matters before your lordship. And though I have hitherto forborne the outlawry of Thomas Carleton, &c., as Mr Richard Lowther promised he should come in, asking a stay of proceedings, and to appoint none to his office, to which I agreed—yet as I have never heard from Mr Lowther since, and Carleton himself in most contemptuous manner keeps Thurllway castle in my lord Eure's wardenry, "and utters against mee most railing words to despite mee more," I am now purposed (God willing) on Saturday next to outlaw him, forced thereto not only by law, but in equity, justice and honor. Yet I am "aminded" to give him 20 days' respite, and if he come not in, "to sensure him a fugitive." Desiring in the meantime by your honor to know her Majesty's pleasure for appointing another in his place.
And I will further put your lordship in remembrance for the soldiers, and if it please her Majesty to send Captain Yaxley with his 50 "to be dooing for Gilsland"—it being so impoverished by the treachery of the said landsergeant. And I pray for their speedy coming; for I assure your lordship on Friday last the 4th instant the said Thomas Carleton land-sergeant, with his man William Tailler, and another gentleman and his man, "whom I shall make your lordship aquointed with herafter," all met with Buckcleugh, Hobb Elwood larde of Burnehead, Scottesmen, secretly at a place called Bells haugh within Lord Evers' wardenry, and had much conference, "which I am very sure of, was neyther good to mee nor to my office; and at thire departure shaked hands with great kindenes, and it shall goe hard but I shall know more herafter." Carlisle castle. Signed: Th. Scroope.
This last night I had the great outlaw Antoines Edward betrayed in England, and sent 20 of my own men with others to take, but missed him, and got his son "which I tooke in part of payment for his frinds." Some of the gentlemen here make great offers for his liberty.
3½ pp. Holograph. Addressed. Indorsed.
506. Scrope to Sir R. Cecil. [Feb.]
Though I have letters from the commissioners for delivery of bills committed by Buclugh or any in his office, I have deferred till I know her Majesty's and their lordships' pleasure therein. For my last direction from their lordships was, "that her Majestie wolde not enter into any course of justice with Bucleugh untill shee had receaved an honorable satisfaction for Bucluth his proude attempt to this castle."
Our commissioners stand "presisely" on delivery of Cesforth first for taking Roger Woodrington out of Swinburne castle, before according any other matter. And the Scots profess to have no power to deliver him. Signed: Th. Scroope.
1 p. Holograph. Addressed. Indorsed.
507. Sir W. Bowes to Sir R. Cecil. [Feb. 10. 1596–97]
Giving him the reasons why he thought an exchange of the principal malefactors as pledges, would facilitate business. That in private conference he found all the Scots except Fawdonsyde inclined to it, who had requested him to put it in writing "this day," as the inclosed copy shows. Relates the King's conduct, entertaining Sir Robert Kerr in court "with extraordinarie graces" instead of imprisoning him, or sending him to Berwick to forward the service.
The near alliance of the wardens, Buccleuch having married Cesforth's sister, and being "double coosen germaine" to Johnston, besides a strict bond of kindness with him, joins these three men fast together.
The present state of Scotland, and the matter between the reconciled lords and the Kirk, which seems to stand in suspicious terms between the King and his barons and "burrowes," may hinder the King from levying forces to compel the borderers to make delivery. Berwick. Signed: Will'm Bowes.
1½ pp. Addressed. Indorsed:" . . . Rec. at the Strand the xvijth of the same."
508. Sir W. Bowes to Burghley. [Feb. 11.]
I send your lordship inclosed the paper with (1) our offers; (2) the answers of our "opposites;" and (3) the examination of these answers. Our whole course of proceeding has been grounded on these last, as best for advancing her Majesty's service, shown in our general letters, my five privately to your lordship since 18th January, and four to "Mr Secretarie" since that time.
In my last to him yesterday, I inclosed copy of my motion as to delivery of pledges, which the Scots seem to like well, so that they mean to dispatch Mr George Younge to procure the King's order to put it in execution: so as her Majesty may also be pleased to signify her approval, and command our concurrence. Here I must humbly beseech her Majesty's pardon for assuming so much in the interpretation of the commission, and these matters as to caution and pledges, which necessity alone, not heedless presumption, enforced, and that strait charge be given to the wardens for delivery of the persons required, which must be done with policy and secrecy.
Your lordship has heard of the disordered accident lately happening in this town, which inferred some offence to the opposite commissioners, as it sprang first in our session and gave occasion to the "ludest of the twoo Tindailes without leave to gett themselves home."
I may compare the state of the whole border on both sides to be like "a winter warr" by opposite garrisons, whereof the Scots have 3000 horse "watchefullie commaunded by three suche persons, for strength of body, courage and witt, or freindshippe amonge them selves, and reputation with their followers, as no mans memorie now livinge, can matche of borderers at one tyme in that nation. The Englishe may be about 1000, but dispersedlie planted, and unlike the other, in that they want suche wickedlie disposed generalls to performe so memorable attemptes, as doe their opposites. Although contynuall intercoorse of winninge and loosinge of goods do ebb and flowe like the sea, yett the gaine hath ever of late rested in the strongest takers handes, and forceth the loosers, eyther to take againe, or to wast by little and little to nothinge; so as, which of eyther syde are theevishe and stronge, must of necessitie make the opposite syde eyther theives or beggers. Whereout may be gathered this strange conclusion, that where suche an opposite neighbouris founde, nothing is more pernicious to a frontier, then is, in the commaunder, peaceable justice, and in the obeyer, patient innocencie." As peace and religion cannot bear this, the causes must be "oppugned" by any means. These causes are three (1) the said dangerous wardens; (2) the boldness and unity of the riding surnames; and (3) theirsupport upon other men's goods. The remedies as I said in my former letters, are (1) that Cesford and Bucclench be imprisoned by the King till her Majesty is satisfied, and more peaceable men placed in their offices; (2) that the chief of the Border surnames be interchangeably delivered without condition, &c., and (3) that redress under the bills be proceeded with at once. Berwick. Signed: Will'm Bowes.
1½ pp. Addressed. Indorsed.
Inclosed in the same:—
(1) Offers by the English; (2) answers by the Scottish commissioners, and (3) examination by the former of the answers.
In three parallel colums. Copies of Nos. 502–504 by the commissioners' clerk.
4 pp. A broad sheet. Indorsed by Burghley's secretary.
509. R. Bowes to Burghley. [Feb. 12.]
My son Raphe Bowes and Christofer Sheperson my servant having fully paid the Berwick garrison at Michaelmas last, I learn that the same, with the works &c. there, exceeds the receipts by 835l. 6s. 4½d., as by my servant's account brought to me which he will show to your lordship, with due vouchers, &c. I humbly beseech your lordship to procure and give order for payment to the said bearer, whereon he will satisfy the poor men to whom the same "rightlie belongeth." And that it would please you to give order for the necessary works to be done, referring all to this bearer's report who is well acquainted therewith. Edinburgh. Signed: Robert Bowes.
½ p. Addressed. Indorsed.
510. John Carey to Burghley. [Feb. 15.]
I am loth to write for any more works, the last being so far beyond my expectation chargeable to the Queen; yet it was certified and done under your honor's warrant, and does not itself exceed so far, but the "dependantes hanginge" upon it chiefly raised the cost.
I am forced however to remind your honor that I long since reported a breach begun in one of the round towers of the castle towards Scotland, which 10l. or 20l. would then have mended. But for lack of this, "it is now fallen all cleane downe to the grownd," and as your honor sees, the officers now demand 200l. to restore it. Also the "longe brydge" is in great decay and danger of overthrow unless repaired. There is in Chopwell wood 30 tons of timber ready felled and cut out by your honor's warrant last year, yet it lies "rottinge" there for want of money to defray the felling and "fraught" hither. There are also certain "hoeles and brackes in the ould wall next the river nere to the Briggate," that could now be mended for little, but if left till next winter, ten times the charge will not do it. The "White walle" is much broken, and if not looked to in time, will fall down.
If it would please you to appoint out of the 1500l. allowed yearly over the garrison pay, such fit portion as might in the discretion of the governor and officers of works, be applied to necessary repairs at once, without waiting for Mr Treasurer's warrant and order, without which we cannot do 40s. worth,—it would save her Majesty heavy charges. But this round tower must be repaired at once, for we lie wide open to Scotland.
I pray your honor for God's sake, to help my wife away with some dispatch, "I care not what," for her cost of lying there is more chargeable than the suit will be worth—and I assure you on the faith of an honest man, this suit is dearly purchased, "all being knowen," even if I get it; but I beg some answer to end this continual charge. Berwick. Signed: Jhon Carey.
2 pp. Addressed. Indorsed.
511. Eure to Burghley. [Feb. 15.]
Though on the 28th January I wrote to your lordship excusing myself of the slander that I supported the Grames in disobedience to Lord Scrope, I find it is still continued to my injury, and I pray you to allow me private or public hearing therein, and not to credit the same or other reports till you have my answer.
I find a "brute" current that I licensed one Tom Armstrong resident in Lord Scrope's march, to go into Scotland. My answer to your lordship is, that the man was resident and had his goods in my march, and as he repented of offences formerly committed here, and did worthy service to the Queen, I licensed him as one of my march, to confer with Scots. Though I suffer wrongs by my neighbours, yet I assure you I neither do nor will, support any in their marches against any of her Majesty's wardens.
I humbly beg continuance of the 80 soldiers' pay for 6 months longer, for if withdrawn, the country will miss them. Hexham. Signed: Ra. Eure.
1 p. Addressed. Indorsed. Wax seal: quartered shield, mantlings, esquire's helmet, and crest: a scallop shell held between 2 lions' paws—damaged.
512. Acrigge and Crane to Burghley. [Feb. 16.]
Sending him a "briefe" of last year's works and the warrants for same—reporting the fall of the great round tower 18 yards high and 17 yards "in compasse," which will take 200l. to repair—and other damages as in Carey's letter No. 510, with the same suggestion as to the 1500l. there contained. Berwick. Signed: Will'm Acrigge, John Crane.
1 p. Written by Crane. Addressed. Indorsed. Wafer signet: Carey's swan.
513. William Selby to Burghley. [Feb. 17.]
Your lordship's sundry favours, especially my late preferment to the office I hold here, imboldened me to acquaint you with "ane accident" between Mr Edward Gray and me, and though I understood it was "dyscredited with" you by letters, &c., from others, yet I did not trouble you with my affirmations, but rather referred the credit of us both, "to the verdict of the coroners inquest, which is now delivered up, and conteineth not onely all matters of substaunce that I informed, but even more largely, for declaration of my innocencye, and the said Edward Grayes pretended and purposed malice, out of his eldest brothers, his owne, and ther servantes depositions, which I then could not knowe." My nephew is found guilty of Bryan Horsley's death by misadventure, in defence of my life; and myself and the rest bound over to answer at the next gaol delivery, which I am very willing to undergo, trusting God will look mercifully on my innocence, and not suffer me in old age to perish by my adversaries' malice. Praying your honor to retain your wonted good opinion of me till the event be known. Berwick. Signed: William Selby.
½ p. Addressed. Indorsed.
514. The Commissioners to the Privy Council. [Feb. 17. 1596–97.]
By your letters of the 10th we perceive to our comfort that you allow of our proceedings with Scotland, though you think the progress very small, owing to our difference with them on the question touching Sir Robert Ker. But it may please your lordships to hear, that though for a fortnight together that question greatly perplexed both sides, and hindered service, as we could not win our opposites to the conformity we thought reasonable, yet rather than we should separate re infectâ, we at length agreed to certain terms set down under their hands touching that "scruple" of Sir Robert Ker's presumptuous and hostile act, "vidz., that her Majestie shall in due time receyve such just amendes and good satisfaction for the same, as either the lawe, the treaties, the custome of the Borders, or example will permitt." And having had Sir Robert Ker "arreasted" by their letter and found foul on their honors, of the bill formerly exhibited against him, we proceeded with reciprocal complaints exhibited from day to day, beginning with the East March which is almost finished, and have entered a good way into the bills of the Middle March, whereof (especially on our side) the number is wonderful, of horrible murders and "maymes," besides insupportable losses by burglaries, &c., enough to make any Christian ears tingle, and true English hearts bleed, to see our ancient enemy so long prevail against us!
We trust you will approve of our capitulation about Sir Robert Ker, as not inconvenient in the circumstances, nor a hindrance to her Majesty's further princely dealing with the King. We have in the very terms directed by your letter, intimated to the commissioners, as they have informed us the King is shortly going to the Borders, and they must repair to court before the convention to be held at St Johnston about the end of this month—where they may confer with him and his council on the overtures we have made and shall make to them, for expedition of business here, or at Carlisle when we meet there. For we shall be forced to hold the rest of our meetings there or near it, as Lord Scrope and his march cannot well come here—and also as "the Maxwells and Johnstons are at such deadly foode, both betwene them selves and in these partes, that they dare not travell so farre from hoome, nor approche so neere this towne." Berwick. (Subscribed by the 4 commissioners). "Copia vera: T. Duresm." (fn. 3)
1½ pp. Written by a clerk. Addressed. Indorsed.
515. The Commissioners to Burghley. [Feb. 17.]
We received yesterday your lordship's letter of 10th in answer to ours of the 2nd instant, along with public letters from the Council, directing us to deliver her Majesty's pleasure to the commissioners, and by them to the King himself, touching Sir Robert Ker's invasion. We have replied to their lordships, the copy whereof your lordship may peruse, and either cause to be delivered or suppressed as you think fit.
We are sorry to find that our judgments served us no better than to "depende" so long on her Majesty's behalf on the point of satisfaction for Sir Robert Ker's invasion, that being matter, as your lordship now instructs us, not committed to us to deal with under our commission, "but accydentally to complayne of the vyolacion of the peace thereby, &c.: which wee are sorie wee did not before conceyve to be her Majestes meaninge: fearinge to offende therein, for that the wordes of our instruccions seemed peremptory to us that wee should receyve 'just amendes and good satisfaction' before wee entred to the hearinge of any other matter." But seeing her Majesty's resolution to reserve that cause to be treated of between herself and the King, we have acquainted the commissioners accordingly, trusting the composition we made with them shall not hinder her Majesty's purpose.
It greatly comforts our hearts to hear her Majesty is determined no longer to bear these injuries, &c., "unrighted," our declaration whereof did not a little "appalle" the commissioners, when we urged them, that the King, instead of punishing Cesford, had taken him, "not only to be of, but to lodge in, his privy chamber," which we said must more highly offend her Majesty.
For their demand for fugitives, we thought it sufficient that they alleged them to be traitors to the King. But in our next, we shall endeavour to certify you of their "haviour," the special crimes charged, and how long and where they have remained in England, and also inquire what English fugitives there are in Scotland fit to be demanded (as your lordship advises), not hitherto knowing of any but some base thieves outlawed for felony.
We inclose copy of the Scots' answer to our offers, and our reply thereto by way of examination.
They lodge all together at the house of one widow Anderson a vintner in this town. Their company of attendants is so small, as they cannot be "much offensive" to the people here. Victuals are at an exceeding high rate, which we think hastens them to Carlisle, as we mentioned in our letters to the lords.
In our next we shall advertise you of the day for our meeting there, not yet fixed. We labour to keep them as long as we can, for we fear their sudden departure will delay the good success of this negotiation if it does not defeat it, for we suspect the King but "temporizes" till Mr Roger Ashton's return, and as their few bills are ended, they use all shifts and cunning to hinder calling the many bills of the Middle March, hoping they will never come on, which will raise a wonderful outcry of many a hundred poor people, and obloquy of us and our associates, though they and not we, deserve it. Berwick. Signed: Tobie Duresm., Will'm Bowes, F. Slyngisbe, Clement Colmore.
1½ pp. Addressed. Indorsed.
Inclosed in the same:—
(Bill against Scrope, &c.)
To the Lords commissioners of England.
(1) The commissioners for Scotland, on behalf of the King their sovereign, charge Lord Scrope, warden, &c., that in the beginning of August last, he sent and directed 2000 men for the most part the Queen's waged men, under his commandment who by his "causinge and houndinge out," invaded Liddesdale, raised fire, and "brent" 24 onsettes of houses, and carried off all the goods within 4 miles of bounds. They coupled the men their prisoners "tua and tua togeather in a leashe like doggis. Of barnis and wemen three or fower scoore, they stripped of their clothis and sarkis, leaving them naked in that sort, exposit to the injurie of wind and weather, whereby nyne or tenne infantes perished within eight daies thereafter." The committers wherefore were on return "resset reid hand" with the goods by Lord Scrope, "uttering thereby his ratihabition" of the said invasion, murder, &c., in high contempt of the King's Majesty. The said commissioners hereby require their said opposites to join with them in due trial, &c. thereof according to the laws of the Marches. (Names of the 4 Scots commissioners.)
(2) Answer of the English commissioners to said bill.
They object to the allegations as "indefinite ambiguous and indirect," preventing them from joining issue in trial, &c., which otherwise they would willingly do, and therefore intreat (1) that the propositions may be particular plain, and direct; (2) to shape their demand so as to agree with their former answer on the 9th instant, restricting their powers under their commission to ordinary attempts; (3) to recal their resolution to remove their session to Carlisle or Dumfries in all matters of the West March, where this business may be treated; (4) to see that their Liddesdale informers have not amplified things—as 100 soldiers into 2000—that 9 or 10 naked children perished, the time being "the greatest heat of somer," &c.; (5) that substantial points be handled directly, distinguishing bonâ fide between overt actions, and privy or suspected counsels, such as the supposed invasions attributed to Lord Scrope and the Governor of Berwick, "who moved not their foote" from their charges, wherefore their invasions, compared to Cesford and Buccleuch's, "are as pictures and shadowes to bodies and lyfe;" (6) that having nearly finished the matters of the East March and entered the bills of the Middle March, they may finish the latter before their departure—and also have a day fixed for meeting on the West March, to advertise her Majesty thereof, and prepare Lord Scrope, &c.
"Thus muche beinge signed by the Englyshe commissioners was presented to their opposites, and by them received without further demaunde, till thexpected meeting in the West. Whereunto may be further added as foloweth":—
[These begin with arguments that Lord Scrope was warranted in lawful reprisal on the Liddesdale thieves who disobey their own King, and are countenanced by their keeper Buccleuch.] It is no novelty, but an ancient custom, for the English warden to assist his opposite, and the keeper of Liddesdale, to ride on and "herrie" such thieves, and on occasion, to do so at his own hand, as in Henry lord Scrope's time, when he and Sir John Forster rode against Martin's tower, "and many suche examples." Buccleuch, besides (1) surprising the second fortress of the Queen's border; (2) slaying 24 of her subjects, including 16 of her soldiers; (3) has bound himself with all the notorious riders in Liddesdale, Eskdale, and Ewsdale, and after asserting that he paid "out of his own purse," half of the sworn bill of Tyndale of 800l., which the King commanded him to answer, joined himself with the Ellotts and Armstrongs, to plunder Tyndale for demanding the balance, slaying in their own houses 7 of the Charletons and Dodds the chief claimants. And being imprisoned by the King, he made a sporting time of it, hunting and hawking, and on his release did worse than ever, maintaining his "coosens," Will of Hardskarth, Watt of Harden, &c., to murder, burn, and spoil as before.
The people under his charge, Ellotts, Armstrongs, Nicksons, "&c.," have of late years murdered above 50 of the Queen's good subjects, many in their own houses, or on their lawful business in daytime—as 6 honest Allandale men going to Hexham market, cut in pieces. For each of the last 10 years, they have spoiled the West and Middle Marches of 5000l. In short they are intolerable, and redress being unattainable, though repeatedly demanded by the Queen and warden, the justifiable reprisal ordered by her Majesty in necessary defence of her own border, cannot in equity be called an invasion, but rather "honourable and neighbourlike assistaunce, to maintayne the inviolable amitie betwene the princes and realmes, against the proude violators thereof in eyther nation, yf it may have construction agreable to the manifolde experiences hadd by the opposites of her Majesties royall kindnes and favour . . . To conclude—this action of the Lord Scropes is to be reputed and judged as a 'pune,' an auncient border tearme, intending no other then a reprisall, which albeit of late yeares her Majesties peaceable justice hath restrayned, yett upon thextremeties mentioned beinge revived, yt is rightly tearmed and taken for armed justice, differinge from peaceable justice onely in forme, beinge in matter and substance one and the same."
(Deliverance by the Privy Council.)
The circumstances of Lord Scrope's action being admitted to be true, and the several steps, viz., complaint of the keeper of Liddesdale and his people made to the King, reported to her Majesty, demand of redress by her not answered, whereon Scrope's action followed, it becomes a question in law whether it may be justified as a lawful reprisal.
"The lords of her Majesties most honourable privie counsell have appointed you, Mr D. Cesar, D. Fludde, D. Dun, and D. Fletcher to set downe your resolucions in writing, shewing all due circumstances requisite to a lawfull reprisall, and whether the fact of the Lord Scroope afore expressed be justifiable by the Civill lawe." Signed: Ro. Cecyll.
8 pp. Chiefly in one handwriting. Indorsed by Burghley's secretary.
516. Scrope's Answer to the Liddesdale Bill. [Feb.]
He answers that the complaints in the bill are mostly false—the values (upwards of 8000l. sterling), are maliciously heightened to the "shadowinge and over rewlinge" of the manifold burnings, plunderings, spoils, &c., &c., committed by the Liddesdale complainers and their accomplices within his own March, at thie special procurement and instance of Buccleuch. Of all which as severally committed, Lord Scrope duly complained both to the King and her Majesty's ambassador for redress, which though promised, was never made. And in the end, to prevent his March being left waste and uninhabited, reprisal became necessary on the offenders, the King's true subjects being little harmed thereby.
The goods so taken were divided as far as they would go among the sufferers in his March, though but a small relief of their previous losses; neither Lord Scrope nor his servants taking any benefit. And some were redelivered to Liddesdale claimants, alleged to be true men.
The value in all did not amount to 500l. sterling, including the redelivered goods, and he considers it may be best dealt with along with the bills of his March against Liddesdale in the regular way. Not signed.
3 pp. Written by his clerk. Indorsed.
517. Deliverance by the Commissioners. [Feb. 18.]
18 Feb. 1596.—It is thought meetest both for redress of bills, and quiet of the Border, till full delivery is made, "that a certaine number of eache surnames of broken men on eyther side being of equall ranke," named by the opposite realm, shall be delivered respectively, and kept till full redress on either side. (Subscribed by seven commissioners.) "Copia vera: T. Duresm." (fn. 4)
½ p. All written by a clerk. Indorsed.
518. Scottish Fugitives Demanded. [Feb. 18.]
"James Douglas somtyme of Spott, Archbald Wauchope sometyme appearand of Nudrie, and Mr Thomas Cranston of Morestoun," were forfeited for the raides of Halyrudhouse and Fawkland, and remain so.
"Mr Archbald Douglas is denounced his heynous rebell for his not appearinge before his Majestie and counsaile, to have answered upon the counterfaytinge of his Majesties greate seale, and usurping of the name and style of his highnes ambassadour without commission or warrant from his Majestie."
Alexander Home of Prendergaist was denounced rebel for non-appearance to answer for the murder of umquhile George Home of Spott committed by him. (The 4 Scots commissioners' names appended.) "Copia vera: T. Duresm." (fn. 5)
½ p. All written by a clerk. Indorsed: The names of certain principal fugitives required by the commissioners of Scotland to be entered thether.
519. Proclamation, &c., by the Commissioners. [Feb. 19.]
At Berwick 19th February 1596.
The Lords Commissioners of both realms having now taken and filed the greatest part of the attempts between the East and Middle Marches since the dissolving of last commission, appoint the wardens or their deputies to take the few remaining without delay, viz., on Thursday next at Ryding, where English bills only of the East and Middle March shall be taken, and Friday after at Carham for Scottish bills only, and so continuing till finished: that the two middle wardens or deputies shall meet on Tuesday thereafter the 1st March, at Kirknewton, for Scottish bills only, and on Wednesday after at Kirkyatton for English bills only, so continuing daily till all the bills of these Marches (except Liddesdale reserved to the commissioners' meeting at Carlisle) are fully disposed of. They are to sit every day except the "Sabaoth" only, one day in one realm, the next in the other. The commissioners shall meet again on the 10th March, at the accustomed place near Greatney kirk, and there agree on the place where the "remanent" of this treaty shall be prosecuted. They order proclamation hereof at the market cross of Berwick and other needful places on both Marches, and prohibit all breaches of the peace during the treaty and for 40 days after.
Subscribed by Tobie Duresm., Will'm Bowes, F. Slingesbye, Clement Colmore, Dunkell, George Houme, Fawdonsyde, M. G. Young. "Copia vera: T. Duresm." (fn. 5)
2 pp. A broad sheet. All written by a clerk. Indorsed: "A coppie of the proclamacion at Barwick for contynuinge the treatie, &c."
(2) Another copy, different writing. Indorsed by the bishop.
520. East March Bills. [Feb. 19.]
Breviate of all the bills called and fyled by the commissioners of England and Scotland, and the wardens of the East Marches, from their first sitting in the Tolbooth of Berwick, viz., 1st Feb. 1596, till the departure of the Scots thence on the 19th—also the number of English bills then uncalled.
Bill of invasion for the Middle March, filed by the commissioners, 1; bills "foule" for murders, 3; murders not yet filed, 6; bills foul by "vowrye," with the "harmes," 20; foul absolute for non-appearance, 80; foul, 5; foul by the Scots assisers, 18; foul conditionally, 1; foul and agreed of the principal, 7; foul of "trowblance," 1.
Bills "fowle" by "vowrye" of the principall, 14; foul by the commissioners of the principal, 10; foul of the principal, 5; foul by their own confession of the principal, 19; foul of mutilation, [ ]; foul per bond of the principal, 5; referred to the Scots' assyse, 37; bills referred to the Scots' assyse, not delivered by them "in agayne of that nomber," 9; "quytt" by the said Scots' assyse, 11; agreed, 4; "quytt" by oath, 7; 3 bills "without compasse" of the commission, whereof one filed by them on the Laird of Wetherburne, and the other 2 by the wardens for lack of appearance.
|"So the wholl nomber of the Englishe billes fyled with the rigour are"||143|
|Bills filed with the principal||53|
|Bills agreed, referred, and quit by oath and Scots' assise||31|
|Total as aforesaid,||227|
"And yet the remayne of the compleyntes enrolled for the East Marches amount the nomber of fourtene score bylles. God send good redresse for them."
Breviate of the Scots' bills called in like manner from 1st to 19th February 1596.
Bills "fyled by vowry with the rigour," 20; absolute foul for nonappearance, 21; foul by English assisers, 7; foul, 3; foul conditionally, 5; foul and agreed, 10; foul of "troblance by vowry with rigour," 1.
Foul by vowry of the principal, 2; foul by the commissioners of the principal, 4; foul by their own confession of the principal, 11; foul of mutilation, 1; foul per bond, 2; referred to the commissioners, 10; referred to the English assise, 23; quit by the English assise, 11; foul by the same, 7; referred to the English warden, 1; referred to the warden's indent of the Middle March, 1; referred to arbitrators, 1; agreed, 1; without compass of the commission, 2; quit by oath, 18; prisoners freed, 4.
|So the number of Scots' bills "fyled with rigour is"||74|
|Bills fyled with the principal||20|
|Bills referred, agreed, and quit||68|
|Prisoners at liberty||4|
|In all together||162|
|And four prisoners freed||4|
2¼ pp. Written by a clerk. Indorsed.
(2) Another copy in same writing.
521. Middle March Bills Against Scotland. [Feb. 4–19.]
Berwick, 4 February 1596.
Bills filed by the commissioners in the "uper house" for murders only.
Gilbert Charlton of Boughthill, on the Laird of Buccleuch and William Ellot of Lariston for the murder of the Charltons in April "93."
9 Feb.—Bills fyled, for lack of answer by a vower, by confession, and bills quit by oath.
Bill of Sir John Forster's, on William Davison of Craggsheel man to Thomas Carr of the Cragg, &c., for want of answer valued to 54l., done in November "96."
10th Feb.—A bill of William Hall of Cartington and another, on the Sheriff of Cavers, by his own confession, value 220l., done in Augt "96." A bill of William Hall of Oterburne, on Gilbert and Hector Lorance for lack of answer, 19l. 10s. done in November "96." A bill of Mr Nicholas Forster's, on Andrew Stuwart man to the Laird of Ridell, &c., for want of answer, value 24l., done in September "95." A bill of Thomas Selbie's of Bitleston, on Hector Trumble of Stoney letch, for lack of answer.
12th February.—William Fenwick of Wallington, on Jock Robson of Craling hall, Jock Robson "slesher," and Andrew Robson "short neck," value 30l., done November "90."
14th February.—Henry Wodrington esquire, on James Douglas of the Cavers on the principal, by Robert Anerson "at the comand of the Sherif leter," value 300 kine and oxen, done in November "96."
15th February.—Charles Slingsbie on Sim Hall of Osnam, Will and Hob Hall of Heavyside, and William Mowe of Hownam, value 30l., done in July "88."
16th February.—Thomas Collingwood of Eslington on George Pringle of Tanelawe, lack of answer, value 5l. and 8 sheep, done in August "95."
17th February.—James Raymes of South Midelton on Sir Robert Carr by his own confession, value 100 marks, done in August "94."
Cuthbert Alyson of Waperdon, on Jock Haslop of Swindon alias "Jock the laird," for lack of answer, value 13l. 10s., done in July "96."
Thomas Storey of Over Trewhit's bill, quit by the Laird of Mow and Jo. Mow of Mow mains, and David Pringle of Hownam.
19 February.—Robert Spragon's bill, on Peter and William Hall of Capup, for lack of answer, value 120 sheep, done Sept. "91."
Alexander Lighton of Tossomyle, on Henry Davison of Morbattle, and Ja. Carr the bastard of Corbit house, of the principal, by James Carr of Corbit house his father, done Dec. "95."
12 pp. Marginal notes, &c., by Eure. Indorsed by Burghley.
522. Middle March Bills Against England. [Feb. 4–19.]
Berwick, 4 Feb. 1596.
Bill filed on Henry Woddrington of Swinburne by the commissioners, for the goods, given in by James Douglas of Cavers, and the murder referred to the honor of the Laird of Wedderburne and Fawdonsyde, to be tried before delivery.
9th February.—The old laird of Cesford's bill, on Cuthbert and Thomas Stawart of Elinghame, brothers, for non-appearance.
Robert Carr "person" of Morbotle's bill, foule by Nicholas Forster of Hethpoule upon James Wanles.
Thomas Carr of Cavers' bill, "foule and agreed for the principall on William and Mathew Storey, and the charges of a vower referred to the pursuers oathe."
14th February.—A bill of the Laird of Mecaston foule and agreed, on Michaell Hedle alias "hogskynes" and another.
15th February.—The Goodman of Gateshawe's bill, on Jo. Pot the bastard of Yardope, for lack of answer.
16th February.—The Laird of Mowe's bill against Efram Wodrington quit by the commissioners.
The Laird of Crenston's, foul on Lyonell Hearon of Eshet, for lack of answer.
17th February.—The Laird of Grenhead's bill, on John Davison alias "hande pande," for lack of answer.
Water Rotherforth of Hundele's bill, on James Nell of Woperden, for lack of answer.
19th February.—Michael Watson of Mirrycrooke's bill, on Tho. Read of Barrowtowne and Laird Manners of Trevhit, and Tho. Erington of Bulington, for lack of answer.
6¼ pp. Notes and headings by Eure. Indorsed by Burghley.
523. Eure to Sir R. Cecil. [Feb. 20.]
On the 8th instant I received by the hands of Raphe Masoun her Majesty's messenger, a Dedimus potestatem directed to myself, Robert Delavale and Edward Gray esquires, to take the oath of George Muschamp esq., as sheriff of Northumberland, also a writ of discharge to Mr Bradforthe the old sheriff, with instructions by said Masoun by word from the Lords of the Privy Council, directing us to take the new sheriff bound by sureties to her Majesty to be true accomptant of his sheriffwick. Whereon yesterday I and the said Robert Delavale have taken the said George Muschamp's oath as sheriff before the said Raphe Masoun, who in our presence delivered him his "patten" of the said office: and he has promised to enter bond as aforesaid to her Majesty; whereon your honour may be pleased to direct your commission to some gentleman here to take the same and return it to Exchequer as he shall be directed. Hexham. Signed: Ra. Eure.
½ p. Addressed. Indorsed: " . . . Received the xxvjth of June."
524. West March Bills Against Scotland. [June–Feb. 19.]
Breviate of the attempts committed by Sir Walter Scott knighte lard of Buccleuch, keeper of Liddesdale, Walter Scott called "Watt of Harden," &c., adherents and favourers of Buccleuch, on her Majestys subjects in the West Marches, since his attempt at Carlisle castle.
[A repetition of the complaints in former papers, especially Nos. 330, 356, 399. The following are new, being done since the commissioners' meeting.]
23d February.—Robert Tweddell of Birdoswald and his neighbours complain on Pawtie of the Hairelawe, &c., for burning and cutting up their doors, and taking 40 kye and oxen, 40 sheep and insight.
19th February.—William Musgrave of Haiton esq. and his tenants, on Edward Carliell of Lymeclewghe and Geordie Bell of Annaunde, &c., for taking 12 horse and mares.
9 pp. Double broad sheets. Written by Scrope's clerk. Indorsed.
525. The Bishop of Durham to Burghley. [Feb. 23.]
Having been here these six weeks, and seen the good usage in the mayor and burgesses towards us the Queen's commissioners, and those of Scotland, and our retinues, and the great multitude of English and "Scootish" resorting hither during the treaty, I cannot but commend the readiness and good will of the inhabitants every way. And in consideration of their good behaviour and carefulness of the security of the place, &c., I would move your lordship on their suit, to grant a licence to Mr Thomas Parkinson the mayor, "an honest sufficient merchant, and a man of good government," to provide such a quantity of peas, beans and malt from Lynn or other places where it may be spared, as you think fit for their relief, that it may be "uttered" to the best ease of the said town; and so your lordship shall do a goodly charitable deed, and bind a great number of men, women and children to make their daily requests to God for you. Berwick. Signed: Tobie Duresm.
¾ p. Addressed. Indorsed.
526. The Bishop of Durham to Sir R. Cecil. [Feb. 24.]
Had I not found that one of my associates specially advertised your honor of our proceedings, who was better able than myself to discourse thereof, "myself also would have made one among the most troblesome." These were the causes of my silence, which I now break "(Dies enim dolorem minuit)," because what all men must do at length, wise men will do betime.
In answer to your letter on Mr Brackenburie's behalf, I am more beholden to him than there is cause, for his good report to you of my service in these parts. But for his old suit, he knows my old answer, which his friends can witness, and there is no fault or delay in me, "onelie he must expect the tyme" till the law gives effect to his desire, which I see not how to "accellerate" till God call the party that stands between it and him. So he need not have asked your honour to be his mediator, unless the whole power had been in me, which he knows to be chiefly in others. Newcastle. Signed: Tobie Duresm.
½ p. Addressed. Indorsed. Wafer signet: official, indistinct.
527. R. Bowes to the Commissioners. [Feb. 26.]
On receipt of your last of the 22d and note of the five attempts in Gilsland, with Lord Scrope's letter and note thereon, I moved the King for redress of this "barbarous fact done under trewes," &c., and "warmelie" laid before him the foul dishonour and indignities offered to her Majesty and her realm, who could not "disgest" them. After some excuses, that thieves and broken people would steal and reave by nature and custom, he at length agreed to give order to Buccleuch to make speedy amends, before the next meeting of commissioners on the 10th March. Yesterday he sent Sir John Carmichael to tell me that Andrew Murraie was already sent to Buccleuch and others, and the commissioners at meeting should settle these bills first of all.
I have moved the King as to delivering pledges for the clans and surnames, and he tells me that himself and the council have confirmed this after many arguments, under their hands and subscriptions.
I also moved him that the commissioners should meet in Carlisle being "walled," while Dumfries or any other place thereabouts is "open and unwalled," affording no safety against the feuds and disobedience of Liddesdale, &c. He seemed pleased to allow it "for convenient tyme," but it must likewise be kept at Dumfries for special matters. As it is dangerous for the Maxwells to pass through the Johnstons' lands to Carlisle, their causes must be dealt with at Dumfries. I have spoken to several of the Scots commissioners, who approve my proposal for Carlisle. Edinburgh. Robert Bowes. "Copia vera: T. Duresm." (fn. 6)
2 pp. Copy. Addressed. Indorsed by Burghley's secretary.
528. R. Bowes to Scrope. [Feb. 26.]
Similar, so, far as to the redress for the 5 Gilsland attempts, to No. 527. Edinburgh. Robert Bowes.
1 p. Copy by a clerk. Indorsed: "A copie," &c.
529. Lancelot Carleton to the Privy Council. [Feb.] early in.
Relates the apprehension of Christofer Bell a proclaimed outlaw, by Lord Eure, aided by Thomas Carleton, officer of Gilsland under Lord Scrope's order, his voluntary confession of 11 murders, &c., and execution—the combination of the Bells of Gilsland with the Ellottes and Armstrongs of Scotland to murder Thomas Carleton and all his kin, reviving a deadly feud for his killing an Armstrong 2 years since, while stealing in his office—an abortive inroad on Sunday night 16th January, of 100 Liddesdale horse with 2 "long ladders" to surprise Carleton in his house—the Bells' further con spiracy to accuse Carleton and his brethren of March treasons—their procuring a warden court and the execution of a Carleton and his servant by false oaths, &c. Praying the Council to order the Bells to appear and answer before themselves or the council at York, and that the petitioner and his kindred may put in bond to answer all charges, either at York or the assises of Cumberland—and meanwhile to grant stay of all proceedings against them—for they ask no favour, but merely defence for acting in the Queen's service, against accusations of the worst sort of people in her dominions, who have already publicly promised themselves the possession of the petitioners' livings, &c., in Gilsland, and entered on their blood, purposing not to leave one of their name alive, unless rescued by "the founteine of honor and justice."
(fn. 7) "Ande we enter to this tayle becawsse the grownde of this mattier aganst hus is only for excecutinge hir Majesteys servis, for which we only stande in two deadly feedes, and we hoop it shall not seem unreassonayble to appeall from the Lord Skrup, sence he hathe only in ravendge of Bells apprihenssion callede a wardene court only for two of our freandes, excecuted thaym for matters 14 years senc; deniinge boyth the bennifit of the genirall perdone, of clargy, challenge, all which we prayd: and aganst all justice, flatly denyede." Signed: Lancillot Carleton.
2½ pp. Partly a clerk's hand. Indorsed: "To the Counsell."
530. Scrope's Answers to L. Carleton's Petition. [Feb. 26.]
Articles for answer to the petition exhibited by Lancelott Carleton to the Lords of the Privy Council against Lord Scrope lord warden, &c., "delivered to me by the saide Lancelott."
Under 7 heads:—
(1) Whereas the said Carleton informs that one Christofer Bell a notorious offender was proclaimed in the Marches, apprehended by Lord Eure aided by Thomas Carleton the Queen's officer in Gilsland, "being therunto commaunded by me the said Lord Scrope:" I answer, that whatever Bell might be, the said Thomas Carleton for many years, and till of late that the said Bell entered his body to me with sureties to answer any offences, never sought to arrest him, but used him with favour, receiving benefits from him. But whenever he heard of his entry and bond to me, he procured through Lord Eure a great company, and beset Bell in his own house within my wardenry all unknown to me. For though Lord Eure and I have a mutual agreement for delivery of offenders in our respective Marches, I never had a word or desire from him as to the said Bell.
(2) And though Lancelot Carleton informs that Bell was executed on his voluntary confession of eleven bringings in of Scots and killing the Queen's subjects, it is credibly reported that he was induced to confess whatever it was he did, in hope of favour, by the subtilty of the said Thomas Carleton and one John Dacres in whom he had great "affiance."
(3) And I say that there is no such unlawful combining of the Bells of Gilsland on oath to revenge Christofer Bell's death on Thomas Carleton and his name, by joining themselves with the Ellots and Armstrongs, as informed by Lancelot Carleton, and I am rather so induced, for I find these Bells always ready to answer complaints, and I also think if there were no more friendship between Thomas Carleton and his name, and the Ellots and Armstrongs, than there is with the Bells, there would be fewer thefts and herships in Gilsland.
(4) Whereas Lancelot has informed that the Bells go about with false oaths to accuse the Carletons of March treason, and thus get their livings in Gilsland; I answer that I called a warden court to inquire as to the enormity of such alleged doings in my wardenry, where some of the Carletons were indicted by worshipful juries, but though summoned to appear and answer, contemptuously refuse and remain within Northumberland in Lord Eure's wardenry, till now of late they think by this outcry they may be excused from trial here before me and their country.
(7) Whereas Lancelot informs that I have merely in revenge of Bell's death indicted their 2 friends [Guy Carleton and Thomas Armstrong] and executed them for charges 14 years old before the general pardon, denying them their "clargye" and challenge: I say this is malicious and untrue, for their offences were since the said pardon. Horse stealing is not allowed "clargye," and for challenge, Guy Carleton was allowed divers, the others challenged none.
4 pp. Written by a clerk. Flyleaf gone.
531. Declaration as to Lancelot Carleton. [Feb. 26.]
A declaration of the manner and usage of Lancelot Carleton, on 26 February 1596, coming to the right honourable Lord Scrope lord warden, &c., for delivery of letters from the Privy Council to his lordship.
First.—At his coming he delivered to Lord Scrope the Privy Council's letter, whereby it was advertised that they sent his lordship the petition exhibited by Carleton to their lordships—but it was neither inclosed in the letter, nor then delivered by Carleton to Lord Scrope, till after long speeches, Carleton delivered, as he said, a copy of the petition, whereof there is a copy now taken remaining with Lord Scrope.
Second.—After delivery of the letters from the Council, Lord Scrope "willed" Carleton if he would enter recognizance to appear before the Privy Council on 20 days' warning to himself, or at his house at Branton, and if he would be so bound for his other brethren ? He said he would be bound for himself only, and gave his recognisance for 500l.
(3).—He then declared to Lord Scrope that Thomas Carleton his brother was going to London and had appointed as deputy land sergeant, one Garret Carleton his son, and said Lancelot with Richie Grame alias Brakenhill and others to assist him, whereof Lord Scrope at first misliked, but after agreed to suffer it till the Queen's pleasure be known.
(4).—During this time, the said Lancelot did boldly justify himself of any offence against the Queen or the law, defying the world, and standing before his lordship "did give a great and lightlie girtt with his thume upon his fynger" in contempt of my lord's authority. Signed: George Salkeld, John Middelton, He. Leighe, Edw. Aglionby, Tho. Musgrave, John Musgrave, Robartt Briskoo.
2 pp. Not indorsed.
532. The Bishop of Durham to Burghley. [Feb. 27.]
I received yesterday your letter of 20th, whereby it seems to be thought strange that we have not written since the 2d as to our affairs. The truth is we wrote jointly to your lordship, on the 17th, 21st and 24th instant, as fully as he thought necessary—which should have been delivered, unless the posts are careless. From the 2d to the 17th, we had nothing to write of, for we awaited answer on Sir Robert Ker's invasion, which being dated 10th reached us on 16th instant. So that ours returned next day after, will I hope appear to have been reasonable expedition. I may say thus much without presumption, that while in Berwick we sat publicly 6 or 7 hours daily "(the Saboathes onely excepted) and in all those Sabaothes none of us idle, nor some of us sylent."
We could have done no more than we did, had our liberties and lives depended on it. We purpose "by the Lordes permission," to start from hence all together on the 7th March to meet the commissioners on the 10th as appointed. Bishop Auckland. Signed: Tobie Duresm.
1 p. Addressed. Indorsed.
533. Scrope to Burghley. [Feb. 28.]
The notifying of the Privy Council's pleasure by their letter, "brought mee to a great maze"; so I implore your assistance in managing matters so as to content her Majesty, with honour to my self, and commodity to this frontier. This greatly consists in bringing these Carletons to order and obedience, and how this can be done without coercion and severity, I refer to your lordship's wisdom, not ignorant of the lenity hitherto showed them, and the "experimented fruites produced therby."
I have sent all my proceedings with them inclosed to the Council, so sealed that your lordship may see the whole—praying your furtherance for my coming up my self to answer before your lordships to the Carletons' charges: "and my brother Bowes is marveillous desirous to supplye my place heere," which I would not grant till I know your pleasure. But I think the Queen might "make a shew as it were, to send for mee," now the commissioners are coming here, and under colour of that, I might "goe up, both to conclude with your lordship as conserning Emanuell (which is a thing I most desire)," and satisfy the Council of the libels which these arch-traitors" the Carletons forge against me. Thomas Carleton in contempt and without my privity, is gone up to London, as Lancelot reports, with new complaints: I pray you either have him committed to prison, or at least stayed, till I come up, as I hope shortly. My secretary being now dead, I have none to trust but myself, being an unequal match for "olde Belzebub," Gerard Lowther, who I hear is the writer of their informations against me. Carlisle. Signed: Th. Scroope.
Postscript:—I deferred Lancelot Carleton's coming to me till now, in hope to have heard from you in answer of my last, and will not make any of the Council farther privy, till my own coming up, than I have yet done.
2½ pp. Holograph. Addressed. Indorsed. Fragment of wax seal.
534. Scrope to the Privy Council. [Feb. 28.]
I perceive by a libel that Lancelot Carleton and others of them, have exhibited against me, that they desire trial before your lordships: with which I shall be well pleased, if I may be there, to prove by a favourite of their own, that the spoils this summer in Gilsland were solely procured by them, besides other matters not yet known—though such a "president" has not been known before. My desire is only to satisfy your lordships, and myself not to be called in question every month, by "these malitious men," who seek all means to trouble and cross my government.
If the hearing should be deferred till the Assises, they would meanwhile spoil the county. I would take it a great honor to be heard before you, and a greater indignity to have my proceedings questioned elsewhere. And I commend it to your wisdoms to consider what service I can do, if discountenanced, while such notorious spoilers are maintained and graced against me. Thomas Carleton being a public man, not only neglects the defence of his neighbours, but suffers, and in fact brings in Scots evildoers, to spoil such as he carries malice to, or "quarell to the lands." This is not only my suspicion, but the "feeling knowledge and secrett wispering" of the whole country, and shall be proved by me, or I desire no farther credit with you. Since Lancelot came home, he and the rest have uttered such railing reports against me, that it would appear "they have passed through the discipline of an eale house;" and Thomas is gone up with some libel to your lordships against me, but I hope you will give no credit to such till you have my answer.
To show my proceedings were without partiality, the answer to his information as to the conviction of his kinsman and servant will show. As in your letters you wish me to stay proceedings against the two Carletons their kindred, &c.: they are the chief spoilers of the country, and it was my duty to certify you, and I shall proceed further as your lordships think convenient. Carlisle. Signed: Th. Scroope.
3¼ pp. Holograph. Addressed. Indorsed by Cecil's clerk: "Ultimo Feb. 1596 . . ."
535. Allowances to the Commissioners. [Feb. 28.]
Note for the entertainment of the Commissioners at Berwick.
Their entrance into Northumberland was "by conjecture" about the 6th or 7th of January, for they came to Berwick on the 10th; and they returned to Newcastle the 24th of February. So being allowed for 15 days at 5l. per diem, viz., the Bishop 40s., and each of the other 3 commissioners 20s. "a pece," it comes in the whole to 250l. viz.—
The Bishop of Durham, 100l.; Sir William Bowes, 50l.; Mr Slingesbie, 50l.; Dr Colmore, 50l.
½ p. Written by Burghley's secretary. Indorsed.
536. Orders for the Marches. [Feb. 1596–97.]
Under 32 heads not numbered. Collected out of several books,—Lord Wharton's 12 and 13 Sept. 6 Edw. VI., Sir Robert Bowes knight 1551, 5 Edw. VI., and by ancient custom.
Art 1.—Forbids on pain of death, all intercommuning or trysting with Scots without leave of the warden, as March treason. The like by Arch. Douglas 18 Decemb. 1468 for the Scots. (fn. 8) Distinction is drawn between March treasons punishable by death, and those not so.
Art 21.—Orders "slewdogges" to be kept in convenient places, and money levied or allowance to maintain them—on pain of fine and imprisonment "ex antiquo."
2 pp. In a clerkly hand; annotated by Eure. Indorsed: "February 1596. Certain orders and constitutions for governement of the Bordere against Scotland, sent to me from my Lord Eure—the Quenes Majestie being at Whitehall."