Calendar of Border Papers: Volume 2, 1595-1603. Originally published by Her Majesty's Stationery Office, London, 1896.
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576. The Gates of Berwick. [April 1. 1597.]
Survey of the gates there very needful of repair, taken by William Selby esq. gentleman porter, John Crane comptroller, William Acrigg surveyor, Leonard Fayrley master carpenter, George Holmer master smith, &c.
Signed: Will'm Selby, Johne Crane, Will'm Acrigge, Leonard Fayrley, George Homer.
2 pp. Indorsed.
577. Scrope to Burghley. [April 2.]
Understanding of the King of Scots' repair to "Dunfreese," and that Buccleuch has appointed a special horse race to be run in his office of Liddesdale on Tuesday next, "wherat the Duck, with manye of the nobilitie, officers, and subjects, in most deffenceable manner wilbee, as the Grames and borderers do give out," but of which I cannot assure you till my man returns from Scotland, I have specially ordered the gentlemen &c., here to be ready in like manner, on an hour's warning. Notwithstanding the late outrages by Liddesdale, while the commission was sitting, yet on the 29th March, while the King was at Dumfries, the Ellwoods, Nicksons and other Scots, 30 in all, ran a day foray in Gilsland, took 40 "kie" and oxen, and spoiled the houses of the Bells "my cosen" Dacre's tenants—which, if Lancelot Carleton's story of their friendship with the Ellwoods is true, it is not likely they would have done.
"I praye God, Buclughe do not with this rase as he did this tyme twelve monethes, when he gott Kinmont betrayed by the Grames meanes, for they were never so familiar with him then they are nowe . . . Divers of them have been preevatly with the King since his coming to Dunfreese, which I wishe may bee to good." Carlisle. Signed: Th. Scroope.
2 pp. Holograph; as also address. Indorsed.
578. Scrope to Burghley. [April 2.]
According to your lordship's letter, I sent for Richard Grame bailiff of Askerton, "two severall tymes to have comed unto me and to have aunswered suche her Majesties rentes, as your lordship wryteth doo yett remayne in hys handes unpayed"—but he has refused to come to me at all, and says he will answer you when you call on him. Carlisle. Signed: Th. Scroope.
¼ p. Addressed. Indorsed. Quartered wafer signet.
579. The Bishop of Durham to Cecil. [April 3.]
By a letter from the Lord Treasurer of 9th March, he had withdrawn from Court to his own house, and could not reply with a warrant to motions by me in absence of my associate commissioners—directing me to address the Privy Council. Since then (but before receipt of his letter, "so slowly ryde the postes"), I wrote on the 15th March to his lordship with many particular doubts whereon it seemed to me we needed direction before meeting the "opposites" with advantage. I hear from Sir William Bowes these have been and will be considered, and we directed. He has however said nothing on one point—whether her Majesty be pleased we meet them on the 10th instant ("Sondaie") or what other day is appointed us, and if so, signified to the ambassador, imparted to their commissioners, and approved by the King.
My earnest request to your honor is, to advertise me by your own letter, when I am to prepare myself to resort to the Borders: and that you will do so to Sir William Bowes, if he has departed from London, and to Mr Francis Slingesbie to his house of Scryven "nigh Knarrisbrough in Yorkshire," or require me in the Queen's name to warn them to keep the day that shall be agreed on. Till we have such notice, we see no reason to be at the call of the King or his council, and so I have given the ambassador to understand and to warn them, after their "uncivill" disappointment of us last time, that we will not adventure another such journey.
I hear of late the King or some of his courtiers are offended at a letter from us while at "Pearith," to the ambassador: but though it may seem "somewhat sharply penned," as the disgrace they gave us deserved, yet the "ingredience" thereof was not so bitter, but it might well enough be digested.
However in case of worse report of it above "(as every thinge that proceadeth from me hath hard happ with that King and his agentes)," I shall on signification, send the copy to reply for itself, hoping your wisdom will "ballaunce in even scales, as well by whom, and to whom, as of whom, and upon what occasion, it was written." Bishop Awckland. Signed: Tobie Duresm.
1¼ pp. Addressed. Indorsed. Official wafer seal: Durham impaling Mathew.
Inclosed in the same:—
"I wrott unto your honour a letter about the mydest of February last, conteyning mater of importance to myself, and enclosed the same in a letter to Sir John Stanhop, within a letter directed by me to Mr Patteson his servant: wherunto I hoped before this tyme to have receaved your honorable and favorable answere: which I will yet both crave and expect. 3 April 1597." Signed: T. Duresm.
¼ p. Holograph.
580. Scrope to Cecil. [April 5.]
That he has written to the Privy Council in answer to the Carletons' complaints, but seeing they have put in new informations against him, he has written another letter to their lordships which he prays may be delivered to the "whole bodye" of the Council, assuring himself of Cecil's honourable favour therein. Carlisle. Signed: Th. Scroope.
1 p. Holograph; as also address. Indorsed. Quartered wafer signet as before.
581. Scrope to Cecil. [April.]
Giving him very warm thanks for the kindness lately received from his "worthy father" and himself, in assisting him to redeem his "reputation from the wronges of those base men that only glorie in the spoyle of persons" in his place. Assuring him though he cannot express it in words, that his noble father's and his own interest in the writer's desire to serve them, is more certain than words can utter.
Begs (1) that the witnesses may be once again examined in presence of Sir Robert Carey and himself, and their [Carey's and his] special oaths taken in due course on this point—whether they were forced by authority, or induced out of conscience, to confess guilt, and whether they came voluntarily or were brought violently?
And if the Council please for further knowledge, to direct letters to the Bishop of Carlisle, Mr Middelton, Mr Brisko and others, they will advertise their knowledge of his orderly proceedings, and throw more light on the conspiracy.
Meantime Buccleuch's own hand subscribed to the examination of Armstrong and Grame, shows the truth of the matter, in a letter written after that examination to a noble man in Scotland to that effect, attested by a Scottish gentleman of credit, well known to the ambassador, who was present when Buccleuch signed it.
His first suit is that the Carletons may be again committed, though but for a day or two, for they have given out in the town and country, that he has been disgraced, thus breathing spirit into their confederates' minds, and discouraging faithful officers.
Second—that the Carletons may be compelled to subscribe as the Grames have done, for though more crafty, they are no less guilty—and this will strike terror into the minds of their "mates." And third—if any scruple is felt at this, that they may be put on their trial in the country on these points, in such manner as the Lord Treasurer or Secretary Cecil shall advise him, and no otherwise—for by the "waving of this cause so longe," the minds of the borderers are so puzzled and uncertain, that they know not whether to incline to faction or obey lawful authority.
"It pleased the Queen to use mee yeesterday with so much grace as I might very well perceave the preparation that was made by a serten worthy frinde very like yourselfe, and therfore I will store up this kinde favor with many more." Signed: Th. Scroope.
4 pp. Holograph. Flyleaf and address, &c., gone.
582. Eure to Cecil. [April 6.]
As directed by the Privy Council's joint letter of the last of March, received yesterday, I have warned the plaintiffs and "arrested persons" in my March to attend at Carlisle and Dumfries before the Queen's commissioners on the 12th instant. I fear from the general "brute," the common people will rather lose their bills, than attend at heavy charges, besides their danger from feuds and the disorders in Scotland, which "terrifieth multitudes" of my March, and I fear will "give greate advantaidge to the Scott." If it could be so arranged, that the truth of the bills might be averred on oath by the several officers, on delivering them to the commissioners, and these to file and deliver on their honor, this would be a great ease to the people in my March: which I leave to your wisdom. Hexham. Signed: Ra. Eure.
½ p. Addressed. Indorsed. Wax quartered seal: damaged.
583. John Carey to Burghley. [April 7.]
Though I wish not to trouble your honor, yet as your letter of 28th March contains certain answers of Mr Shepperston, to those complaints of mine wherewith your honor charged him, I am forced with as much brevity as I can, to "prove myself no lyer."
First.—He loves to write much to little purpose—for if he denies that "my cosyn" Dalavell one of the constables, and 7 or 8 other horsemen, came daily with outcries to me that their wages were stopped, "without beinge chardged by their scores," they shall witness it under their hands how many days I and the council were troubled, "if your honor will have it so."
For "Purifye," I think he will not deny that he defalked all he could prove "good," either from the Queen or otherwise, to him, and would answer none of his debts, so much so, that when myself and the council demanded what he had got of "Pewrifies good" among the pensioners? meaning if we had found an overplus, "we might have considered somewhat of the poorer sorte," he would answer he had to make his account to his master, and his master to the Queen. This was all we could get, though we knew there was an overplus—and if he denies it, I will cause the Mayor and the council then present to set down under their hands what trouble we had, and others that your honor never hears of.
And when he says he caused the drum to sound after the pay, and tarried 10 days after in the town: it is true, but to no purpose, nor any better "for them that wanted," as neither they nor we could any way alter his determination—"and so no matter for the drum sowndinge."
As for Mr Raphe Bowes, he did not meddle with the pay, except bringing it to the town—"for he, good gentillman," would fain have helped what he saw amiss and was sorry he could not.
And for Shepperston's saying, that I was only offended with him for refusing to pay the Queen's money except as warranted—first, I see that to certify faults in discharge of my trust, is to incur offence. Second—I hope your lordship will cause him to certify wherein I have ever desired him to pay anything contrary to the establishment: if not, your honor will judge him a man ready to disgrace an officer here with untruths. I confess demanding of him what was due my lord my father of his fee before his death, and would gladly have had it, for I have served here very chargeably since his death: unless it be that, I know not his meaning.
Touching the victuals you write of, I inclose a true copy of the note which Vernon and Swifte gave you of the provision then shipped for us they said, inclosed in your letter of the 18th March, and also the note of what is since received by 3 barks yet come; and comparing these, your honor will see how the Queen is abused and we ill dealt with.
I have lately received from the Court of Exchequer a writ of execution called a "fieri facies," by your lordships warrant against the mayor and others here for 242l. arrears of her Majesty's rents of fishings, but not giving me authority to find by inquest who are the debtors—for the old farmers have left the waters, and some Londoners entered on them last Michaelmas—as also the mayor and aldermen having asked me to stay it, having sent to London they say to discharge it and take order—I have made bold to intreat your favour, both for my own excuse, and on their behalf, assuring you if not paid before the next term, I will do my best service therein on a new writ. I pray your honor's pardon, if after this, I surcease either certifyng or complaining of anything, till my own words and answers may be heard, for I see my letters breed but ill will and dislike instead of redress. Berwick. Signed: Jhon Carey.
(fn. 1) "I could a serteyfeyed youer honer of the Kinges agrement withe the towen of Edenboroughe and of all his prosedinges therin—and of his goinge to the Weste Borders—but that I thoughte youer honer had them all longe befor from ouer embayssetur at large. But it is sayed heare that at his comminge . . . wiche wilbe verey shorteley, his queen will met withe him hear in the Marche at Spott, and so theye will com to Barwicke bowendes bothe together. Wherin I deseyer to knoe her Majesties pleser if it fall out so,—what shalbe my part and howe I shall behave my selfe towerdes them, and what interteyenment theye shall have from hens?"
2 pp. Addressed. Indorsed. Swan wafer signet.
Inclosed in the same:—
(Provision come to Berwick.)
"A certificate what store of provision is alredie this vjth of Aprill 1597, come to Barwick, owt of this great proporcion."
"The Lawrance of Hull, William Robinson, master, landed at Barwicke 22th of March 1596—with" 50 qrs. wheat; 20 qrs. pease and beans, "which were delivered nought to the shipp;" 800 "smale codd fishe," 50 qrs. malt.
"The Jonas of Lyn, William Kilborne, master," landed as above same day, with 90 qrs. wheat; 80 qrs. malt; 20 qrs. beans; 2 barrels white herrings, and 7 "firckins buttur."
"The Guyft of Lyn, Izack Collingwood, master, landed at Barwicke the last of Marche 1597, with," 17 qrs. 4 buz. wheat; 60 qrs. malt; 47 qrs. beans, "whereof xxiiij qrs. were delivered mouldie and nought into the shipp."
Your lordship may thus see, in their own note set down to your honour, that by these three "barckes" we should have received "as they say," long before shipped in the same, stayed only for wind and weather, as follows:—
Wheat, 241 qrs. 5 bz. 3 pecks; malt, 216 qrs. 5 bz.; rye, 30 qrs.; beans and pease, 136 qrs.; and "ware house" cod, 800.
While we have only received as follows:—
Wheat, 157 qrs. 4 bz.; malt, 190 qrs.; rye, "none;" beans and pease, 87 qrs.
So the deficiency by these 3 ships only is—
Of wheat, 84 qrs. 3 bz.; of malt, 36 qrs. 5 bz.; of rye, "the whole" 30 qrs.; of peas and beans, 44 qrs.; of cod fish, 900; of butter, 6 firkins.
"Wherebie her Majestie hath bene at a doble charge, to pay for the whole fraight of shipps, they bringing but half their burden—which yf their provision had bene made accordinge as they have sett it downe in their note to your honor, neded not to have bene so muche."
1¼ pp. Written by Carey's clerk. Indorsed: "The trewe note what iij of the iiij shippes have brought—wherby your honor may see they have sett downe muche more to your honor, then they have anie way provided."
584. Sir W. Bowes to Burghley. [April 9.]
In my journey towards my appointed service, being made acquainted by complaint of the poor tenants of Bradburie and Hilton, that on your lordships express letter to the sheriff, their goods are to be driven and sold for payment of 200l. in arrearage for the Queen's rent: the necessary pity of the poor men in this hard time, enforces me to endeavour their discharge to the uttermost of my power, so as, being straitened for money to prosecute this service in so costly a time and place as now I shall find the Borders of Scotland to be, I commend to your lordship's consideration, my suit for allowance, left to the solicitation of my friend Mr Ewens servant to Sir John Stanhope, which I doubt not he hath preferred to you before this time—which is, that in regard of my leaving my necessary attendance of my private estate, having now spent full 5 months in this service, besides the great charge I must undergo in the negotiation with the Scottish King, as also in respect of my inability to disburse money, as I have been forced lately by covenants with my wife's friends to redeem certain lands mortgaged, besides other reasons presented to you by Mr Ewens,—it would please your lordship that such allowance as her Majesty may be pleased to give me, may come seasonably to the support of my estate, or else that (as the service will permit) I may be licensed to prevent my further decay and disgrace, and seek the repair of my poor house, which as it hath not wanted of many years men employed in public services, and in that trust less regarding their private than had been fit, hath received impoverishment of more than 1000l. land within these last 40 years, and yet retaining favourable and good opinion, becometh now a spectacle of discomfort to many well affected in these parts. Richmond. Signed: Will'm Bowes.
1 p. Addressed. Indorsed. Wafer signet: Bowes' arms and motto—indistinct.
585. Richard Musgrave to Burghley. [April 10.]
Your lordships of the Council having granted a letter of instructions to Captain William Selby, now gentleman porter of Berwick, to take a yearly view of all the ordnance and munitions of war within my office, besides other service, as a copy of said letter hereinclosed will show now, as her Majesty by a former patent, granted to me the office of master, surveyor, and keeper, of all her ordnance, &c., in these north parts, in as large and ample manner as ever any master of ordnance held the same before—these your letters of authority to another, take away the trust and credit heretofore imposed on the master, and I humbly desire that as I attained my place by your honorable favour, I may continue to enjoy it with the same credit and trust as heretofore hath been. Signed: Rychard Musgrave.
1 p. Addressed to Burghley. Indorsed.
Inclosed in the same:—
(The Council's instructions.)
Under five heads:—
(1) Selby is ordered to view the ordnance, &c., yearly, and report what is issued and expended, and what remains, and the extraordinary charges yearly.
(2) To inquire what became of the armour, weapons, and munition sent down to the late Earl of Huntingdon in 1588, and report, delivering the remainder to the master of the ordnance by indent.
(3) What became of the corn powder then delivered out of the Roebucke.
(4) To ride to Carlisle, confer with Lord Scrope, and view the munition; also mustering the gunners, who are reported to be too many, to see their skill.
(5) When these executed, to report to the Council with his opinion. "Under these counsellours handes"—W. Burghley: Essexe: C. Howarde: W. Cobham: R. Northe: W. Knollys: Ro. Cecyll: J. Fortescue. "Extr. per" Signed: C. Midleton.
¾ p. Copy. The names appended by Midleton.
586. Sir R. Carey to Sir R. Cecil. [April 12.]
I am here according to her Majesty's pleasure. I desire to hear from your honour whether I am to have "the pattent for the wardenrye sent me or noe"? Till then, I can determine on no course, "therfore, good Sir, resolve me so soone as yow maye." If I have it, I mean presently to inform you and the rest of the Privy Council of the wants here, and what helps I must have—but till then it is to small purpose for me to busy myself in matters not pertaining to me. For the time I stay here "as I am," I will do my best to keep the country quiet, but I will not meddle with punishing offenders or reforming disorders, "till I have absolute authoritie to doe it." The longer they stay unpunished, the worse for the country and the officer. "Sir, my only trust is in your honour." Berwick. Signed: Rob. Carey.
¾ p. Addressed. Indorsed: ". . . Sir Robt. Carey to Mr Secretary." Swan wafer signet.
587. John Carey to Burghley. [April 12.]
Within 2 days after my last letter, the 4th ship, the Thomas of Lyn, Robert Atkins master, arrived here on the 8th instant, with the full proportion set down except 30 qrs. of rye, having but 90 qrs. instead of 120 qrs. So as they are all come, I send your honor a note of what quantity they informed you, and what has been received here, whereby you will find the truth.
For the works: did not answer you in my last, having written on so many other things but thus much I dare say, that if none were taken in hand without my privity or consent first had, I would save her Majesty a good deal of money in a year. Surely my good lord, the Queen's Majesty wrongs herself and hinders her service much, either by not sending down a noble man with sufficient authority, and of good credit, or else by authorizing those already here "with a dewe lawfull aucthoritie," whereby the more boldly to command for her profit and service. But for my own part, I will do my best. Berwick. Signed: Jhon Carey.
1 p. Addressed. Indorsed.
Inclosed in the same:—
(Note referred to.)
Similar to that on p. 292, with addition of the 4th ship's cargo. (fn. 2) "Youer honer maye see bey this want howe muche theye fayeled in ther preperasion of thes iiij littyll shipes; wiche is muche to fayell in so sertayen a preporsion as theye sett dowen to youer honer."
1 p. Indorsed.
588. The Commissioners' Meetings, &c. [April 13.]
Articles of the last Border treaty.
Heads only—23 in all.
(1) "For the planting of Gods worde."
(23) "The next treaty to be holden in Scotland."
Session at Berwick.
The proceedings on 14th January, when both sides met at the Bound road, discussed the Scots' proposition to begin in Fowlden church, and finally persuaded them to meet in the Tolbooth of Berwick on Saturday the 15th under protest, are related.
Session at Carlisle.
On Tuesday 12th April, the English came to Carlisle, and next day met the Scots at Gretney kirk in Scottish ground, intreating them to come to Carlisle and there conclude: whereto after much arguing, they consented conditionally, that the next treaty should be held in Scotland wholly, unless otherwise settled by the princes—and so delivering them a safe conduct under the great seal of England, all came together to Carlisle.
"Protestation of the Scottish commissioners touching their comming to Berwick."
That the same should not form a precedent hereafter, &c.
3 pp. In two contemporary hands. Indorsed.
589. Richard Musgrave's answer. [April 13.]
Answer by the master of the ordnance in the north, to Captain William Selby's information against him to the Lord Treasurer, from Newcastle 20 November 1596.
Under 7 heads:—
1. That his account of Lord Scrope's answer at Carlisle that the matter concerned him as warden only, is incorrect, for Lord Scrope showed me, being then on duty, these instructions, as concerning myself also, when I pressed Selby for a copy, which he refused to give—urging Scrope for his answer in writing.
2. I remember no demand by Selby for a roll of the cannoneers—but Lord Scrope said many of them were absent, and he would send for those in the country—but he refused to wait for this. Lord Scrope and myself have already signified the absence of some and insufficiency of others—as before instructed.
3. I used no indiscreet speeches, as asserted, though I know that Selby procured this employment to disgrace me.
4. His charge that there is not one out of 24 cannoners that can use a piece—is not the fault of the master, for I placed none of them. And a master gunner and 7 others are not enough as he alleges. Besides, the whole of them have patents under seal, and most of them for their deputies also.
5. Explains Selby's accusation that he rode out of Newcastle to avoid showing him the store there—by Selby's own conduct, who would not say whether he was coming there or not—but finally came without proper notice after the master had left for Berwick, whose deputy keepers had no authority to meddle with anything without his warrant if absent, to prevent embezzlement.
6. For his saying he is resisted, and surceases acting under his instructions, it is quite otherwise—for when the ordnance books were made up for the year and subscribed by the governor, comptroller of the cheque and others, and presented to him to sign, he refused without reason to do so, and "in his furie" would not look at them.
7. And whereas he has procured authority for a yearly survey of the ordnance under my charge, contrary to the conditions of the establishment, I humbly beg your lordship's consideration, being always ready to do my part, and that I may not be thus interfered with. Signed: Rychard Musgrave.
4 pp. Indorsed by Burghley's secretary.
590. Sir R. Carey to the Privy Council. [April 16.]
On the 14th instant at night, 4 Scotsmen broke up a poor man's doors at Killam on this March, taking his cattle; the town followed, rescued the goods, sore hurt 3 of the Scots, and brought them back prisoners. The 4th Scot raised his country meanwhile, and at daybreak 40 horse and foot attacked Killam, but being resisted by the town, "who behaved themselves very honestlye," they were driven off and two more taken prisoners. Whereon the Scots raised Tyvidale, being near hand, and to the number of 160 horse and foot, came back by 7 in the morning, and not only rescued all the prisoners, but slew a man, left 7 for dead, and hurt very sore a great many others, as the note inclosed will show your honors—humbly beseeching you to have due consideration for redress, for such is their arrogance and our poverty, that it will be past living for us here, if these be suffered.
The country is too weak of themselves without the horse garrison of Berwick, which has been always at the warden's command, with 100 foot or more, on occasion. I beg that my brother John Carey may be instructed by your lordships to that effect. Berwick has ever been the defence of this March and so must be, or the country will be left waste else. My authority is but small, "and I am obeyd therafter." This country will only obey absolute authority, and I beseech you either establish me as I ought to serve my prince and country, or else send down one more worthy; for the outcry here forces me to urge one or the other, which ever best pleases her Majesty. For my part, I desire not to hold it to see these calamities "unsufferable," without means to revenge it. Berwick. Signed: Rob. Carey.
2 pp. Addressed. Indorsed. Swan wafer signet.
Inclosed in the above:—
(Note referred to.)
Names of the Englishmen hurt and slain by the Scots at Killam 15th April 1597.
James Davyson, slain outright.
Renian Routlidge, Richard Pott, Lowry Brewes, Tho. Henck, Andro Storye, and John Glendennye, "left for dead;" William Ramsey and Richard Storye sore hurt, and sundry others hurt.
½ p. Written by Carey's clerk.
591. Sir R. Carey to Burghley. [April 16.]
To the same effect. Berwick. Signed: Rob. Carey.
1¼ pp. Addressed. Indorsed.
Inclosed in the same:—
Note of the killed and wounded.
592. Sir R. Carey to the English Commissioners. [April 16.]
To the same effect; that they may take order with the Scottish commissioners. "James of the Coave was the principall man in this action." Berwick. Rob. Carey.
¾ p. Copy. Addressed. Indorsed by their clerk.
Note of the killed and wounded at foot.
593. Sir R. Carey to Cecil. [April 16.]
This outrage committed (as appears by my letter to yourself and the rest of the Privy Council) "I hope it will be a hastinge ether to give me a more absolut authorite then yeat I have," or else some other sent to redress such wrongs. I beseech your honour acquaint her Majesty that the want of "an absolut offiser" is our undoing, for in these northern parts the people are given to liberty and "lisentiusnes," and unless offenders are punished to the quality of their offence, they will not spare to do unlawful acts. I pray your honour hasten my dispatch one way or other. Berwick. Signed: Rob. Carey.
½ p. Holograph. Addressed. Indorsed. Swan wafer signet.
594. Articles Between the Commissioners. [April 16.]
At Carlisle 16 April 1597.—Articles agreed on concerning the entry of the pledges, indented at Berwick on 19th January last.
Under 9 heads:—
(1) That 2 or more of every branch of broken men, he entered for bills fyled or to be fyled by our order, on them and their branch.
(2) The warden himself shall enter a gentleman for similar bills on these not of any known clan.
(3) Their entry to be to their opposite officer, between the day of our dissolving this commission and 1st July next.
(4) The princes to be entreated to appoint some commissioners in each March to see their entry effected.
(5) When entered, to be kept by "indifferent" men, on their own expenses, not by any with whom they are at feud or variance.
(6) They shall remain no longer than the bills for which they are entered are duly satisfied.
(7) If any die, another broken man of his clan shall take his place.
(8) The pledges shall be kept no longer than a year and day after the commission is ended, within which, if the bills against their branch are not redressed, the opposite principal may if he choose, take their lives, and call for as many more to lie another year on like conditions—and so on.
(9) The pledges shall answer at their peril for any attempts committed by their clan or surname, while they are lying, unless redressed within the said space.
Subscribed. [The eight commissioners' names.]
1 p. Copy by the English clerk. At foot: "Copia vera: T. Duresm." (fn. 3) Indorsed.
595. Sir W. Bowes to Burghley. [April 17.]
Since our letters and reports, I have collected some "important circumstances" in conference apart with the "sincerest and best affected" of our opposites, and advertise your lordship, to apply timely remedy in your wisdom. I signified from Berwick Sir John [Robert?] Kerr's complaint to the King "of deepe displeasure borne him by Wetherburne," obtaining letters from him to the commissioners, to see that the quarrel did not prejudice his service, " or Sesforth in any sort." But he prosecuted this pretext by his own attendance and his great friends at court, so that the commissioners on their hasty return, found their thanks for their "charge and paynes, to depend upon a new apologie, to answere the ill report of Sesforth." And in the case of Sir John Kerr of Spielaw and others, fyled justly for "execrable murthers," it was objected that the commissioners' indent for delivery of pledges (heretofore certified) "was a meere noveltie," and notwithstanding the sound reasons for it, and need of "the secrete carriage thereof," yet the King and council chose to communicate it "with" Cesford and Buccleuch, who on audience all but overthrew it, had not the indent on consideration "appeared unavoydable." Yet they obtained thus much, that they shall only enter and answer for their own servants, seeing (said they) that the King had like caution from every other gentleman. This "preparative" yields no good hope, being "(as I take it) the cheife sinew of this service." These things were handled at Leith, the King then concluding that the commission should proceed at the day and place formerly indented; yet from Perth "at his Synodall assemblie," without the commissioners' privity or assent, (as they protest), he gave his reasons for prorogation to the ambassador, as your lordship has heard. Another doubtful matter is, that when at "Drumfreise," the King vouchsafed himself to walk out of the town "on foote" to confer with Buccleuch, Cesford, and Johnston in the fields, and his own followers have since observed that he gives them better countenance than before. Also he returned to Edinburgh "on the instant" of our arrival on the Border, doing nothing to advance our business; Cesford attending him and supposed to continue with him not on his charge, in breach of our indent that he should meet Lord Eure, for which the 3d of May is desired, a delay "which this service cannot endure."
And in this journey of the King to the Border, Cesford, Buccleuch, and Johnston, have got great reputation with the inland lords and gentlemen, for their valorous defence of their charges, and Johnston has become "an inward depender upon the Duke," it is supposed "to make head against Hambleton the great favourer of the Maxwells." But the worst is, since the King's departure, the outrages are not lessened, for 200 of Liddesdale have spoiled in Tindale, killing one man and deadly wounding others: also the 3 several entrances by Tividale into the East March at Killam within 24 hours, already advertised, whereon we have complained to the opposites that such things were rarely or never done but in war. While they lamented the wickedness of their wardens and the King's toleration,—one saying, "yett under trust," that Cesford had told another commissioner that the King had promised not to deliver him or any of his servants—yet they thought it sprang only of his "facile and flexible nature," and would be remedied when he heard our charges, which they would confirm, if called on. Meantime to free their own consciences, they agreed to good conditions for delivery of pledges, filing on the warden's honor, and delivery of all trespassers since our first meeting at Berwick on 12 January, as will appear by the note sent with our general letters. Before my repair to the King, whither I hope to "drawe" some of the commissioners at same time, I have applied through the ambassador for safe conduct, and some more than ordinary conveyance for my safety, "seeinge as well my message as my person, is reputed extraordinarily displeasinge the adventurers of Annerdaile and Liddesdaile, throughe whome I must passe." I refer your lordship to my letter to "Mr Secretarie," on some matters committed to me by her Majesty's message and instructions. Carlisle. Signed: Will'm Bowes.
2¼ pp. Addressed. Indorsed. Armorial wafer signet as before.
596. Eure to Burghley. [April 18.]
On Saturday the 9th instant, 60 Ellottes of Liddesdale at noonday drove the cattle of those steads in Tindaile nearest the March and "furthest from inhabitauncie." On Monday the 11th a like number of Liddesdale made a day foray further in Tindaile, from whom, "it pleased God" the country rescued most of the goods: 3 or 4 of my men were wounded and 1 slain in the fight, and divers Scots sore wounded. On Sunday the 17th the Laird of Buccleuch in person with 50 horse and 100 foot, burned at noonday, 3 onsets and dwelling houses, barns, stables, ox houses, &c., to the number of 20, in the head of Tyne, cruelly burning in the houses 7 innocent men,—and murdered "with the swoorde" 14 which had been in Scotland and brought away their booty; "which act thoughe it be unlawfull, yet the rodd of justice hath nowe present his course to redresse to her Majesties honor, and not admitt the cruell revenge in such manner as is nowe executed." To defend such like incursions or rather invasions "(the heade officer with trumpett being their in personn)," with sorrow as formerly, I declare to your lordship the weak estate of Tindale, for there was not 6 able horse to follow the fray "upon the shoute," though in daytime, and where as reported to me, there were 300 able foot, "or better," there was not 100 at this following, "and those naked."
This piteous state increases since my coming, and I cannot see how to amend it, leaving this to your wisdom, "wishing to God," I had never lived to serve where neither her Majesty nor her officer is obeyed; fearing unless assisted by her Majesty's forces, Tyndale will be laid waste as other parts of the March are. Humbly beseeching your lordship's speedy care for us, for it is not merely the want of horse and furniture, but of "hartes, corne," and maintenance that makes this March unable for honourable defence.
I held the warden court on Friday the 15th instant where the 15 Scots were condemned; whose lives were prolonged in hope of some "proferr" from their clans with future assurance; though their headsmen, by the untoward disposition of Buccleuch have not only been hindered in such a peaceable course, but threatened with danger for doing it. I trust you will continue warrant to Mr Skidmore for the pay of my 80 men. Hexham. Signed: Ra. Eure.
1 p. Addressed. Indorsed. Wax seal: quartered.
Inclosed in the same:—
(Note referred to.)
Note of those slain drowned and burned in Tindaile on Sunday 17th April 1597 by Buccleuch, &c.
Wm. Doodd of Caryteth, Nich. Pattinsoune, Mich. Ridley, Tho. Pigg, Tho. Graye, John Tayler, Tho. Rampshawe, John Lawsoune, Tho. Liddell, Tho. Pattinsoune, Nich. Pattinsoune, Tho. Pattinsoune, Wm. Oliver, Andrew Coutherde, Wm. Robsoun, Arch. Dodd, Nich. Crawhawe, and Rynian Cowman, 18, "slayne violentlye."
Emery Dodd alias "Pluck," Mich. Dodd of Donkleywood, Mich. Dodd of Hordley, John Dodd of Ryclose, and Cuth. Robsoune, 5, "burnte innocente."
James Dodd of Donkleywood, and Raph Dodd, 2 "slayne innocente."
Will'm Robsoune and Rich. Oliver, "taken prisoners."
The houses and steads burned, viz., Thorneburne, Donkeleywood, Stokooe.
1 p. Indorsed by Cecil's clerk.
597. Sir W. Bowes to Sir R. Cecil. [April 18.]
Our general letters and my private one to the Lord Treasurer, will notify our proceedings, and also the intelligence I could come by of the King's doings; and now I send the account of my delivery of her Majesty's messages to persons here, and instructions, by your hand, so far as I have proceeded.
Lord Scrope received her Majesty's message with dutiful reverence. I reserve that to Lord Eure till I see him here.
To Mr Richard Lowther I delivered her Majesty's "conceipt" of his sufficiency and service, desiring him to effect concord between Lord Scrope and the Carletons and Grahams, as his judgment and credit might greatly further the same.
I have signified by speech to Lancelot Carleton and "Walter the cheife of the Grahams," her Majesty's pleasure in some special matters to be made known to them by me, but they have not yet attended at the time and place appointed by me. The Carletons "pretend" great fear of Lord Scrope, insomuch that though called by our letters to justify their charges before a jury, they forbore to appear without my lord of Durham's "word of assurance" for their safety, which is granted them. The Grahams pretend the same, and forbore to come here, or attend the commissioners' meeting near their dwellings as wont, though warned by the lord warden. As yet I cannot discern whether this is real, or "stubburne and platted contemptes." But I fear another cause, told me by the opposite commissioners, that the Grahams were warned from Scotland of the intention to deliver them as pledges, and mean to avoid it to their uttermost. Thus the King's discovery of this to his wardens, will make all the ill disposed on both sides stand on their guard, endangering this service or making the borders break. Thus I pray your honour to foresee these great mischiefs—1st the King's untowardness to see, and 2d the incorrigible pride and strength of his wardens, 3d the wonderful distractions of our own magistrates and people—which together, will frustrate our labours, and "bring forth evill effectes in this pollitique bodie, as in the bodie naturall, phisitians doe, whilst they move and not evacuate th'offendinge humours." Only I trust God and the Queen will "deeme us" by our endeavour, not by the effect, seeing we can but pray to the one, and advertise to the other.
Touching my going to the King, as his departure to Edinburgh was so sudden, a day or two only after we came here, and as my best arguments must be drawn from showing his officers in their true colours, it was thought good I should wait and see how they proceed with the business in hand, delivery of pledges, &c., wherein I see little towardness, though I dare not fully declare my suspicions.
Lord Scrope by his discreet handling, has brought the Liddesdale cause to good course, if they can be kept in compass to swear the value rightly, which course is better than pleading the Queen's warrant as a reprisal, which might give the King occasion to stand more strictly for delay. Carlisle. Signed: Will'm Bowes.
2 pp. Addressed. Indorsed. Armorial wafer signet.
598. Scrope to Burghley. [April 20.]
As you desire, I herewith send you "a mapp, declaring the bounder and devision of these West Borders from thopposite of Scotland." The commissioners have had great conference daily here, but yet have effected nothing at all for redress of the "outradgious" complaints. Hearing that great slaughter and "skaith" have been done not only in the East March, but also by Buccleuch in the Middle, and expecting the next attempt will be "assayed" here, I doubt that the King's long stay at Dumfries and thereabout, was for some special unknown purpose, and that my late advertisement will not "in all respects prove uncertaine," and therefore humbly entreat your lordship for the speedy sending hither of the captains and their companies. The Scots still insist on calling the Liddesdale bill first, which I cannot yield, till their last offences here are first dealt with, as Mr Bowes wrote that the King promised it when at Dumfries. The commissioners may do as they see cause, but I will not consent (unless I have direction from my lords of the Council), to have her Majesty's warrant called in question, without assurance of satisfaction. Carlisle. Signed: Th. Scroope.
1 p. Addressed. Indorsed.
Inclosed in the same:—
"A note of the devision of the bounders of the West Marches betwixt England and Scotland, and a devision of the Batable ground of both the Marches, as followeth, according to the discription of the mapp or card hereinclosed."
The map is divided by two colours, for England and Scotland, the two Batable grounds by two several colours, with the bounder names for either part.
"The Bateable of England begineth at the fote of Sarke and up Sarke till yt come to Haweburne fote, then over a more by dry March, with a hye earth dyke called the March dyke, upon which be mear stones, till yt come to the Gray stone; from thence to Glenyer fote as yt falleth into Eske; then downe Eske till yt falleth in the sea . . .
"The Bateable of Scotland beginneth at Hawburne fote and yt followeth up Sarke, and from the head of Sark over the moore by dry Marche to Pingleburne head, then downe Pingleburne till yt fall in Eske, then through Eske at the fote of Tarras, then upp Tarrass to the Reygill: from the Reagill over the Brunsheill moore, from the Brunsheill moore to the Standing Stane to Mearburne head, soe downe Meaburne till yt fall into Lyddall at the Rutter foord: then downe Liddall tyll yt falleth into Eske."
The Bateable grounds of both countries contain "by estimacion 4600 acres."
The English Bateable grounds in this map are contained in the "murrow culler," and those of Scotland in "read culler."
¾ p. Written by Scrope's clerk. Indorsed by Burghley's secretary.
599. The Commissioners to Burghley. [April 20.]
As appointed, we met with the Scots at Gratney kirk, and after replying to their objections and "accustomed scrupulosities," we persuaded them to come to this city during the remainder of the treaty: and have agreed on certain articles, a copy whereof we inclose—wishing rather than hoping, that our labour may be to good effect.
Though we doubt not the opposite commissioners' good will, we fear "hard measure" from the opposite wardens, from some news, not yet confirmed to us. Lest Sir Robert Carey should not have certifyed the invasion, &c., at Killam, whereat the chief leader was one James of the Coave a special follower of Cesford, we have sent a copy of his letter to us," presuminge it will move great compassion." We have had here, and shall have, very good assistance from Mr Doctor Bennett the chancellor of York, specially chosen by her Majesty, in such questions as occur, and penning the treaty when fully accomplished. Carlisle. Signed: Tobie Duresm., Will'm Bowes, F. Slyngisbe, Cl. Colmore.
(fn. 4) "The saide James of the Cove is the man, for whose enlargement out of Swynborne castell we have heretofore charged Sir Robert Ker with invasion in hostile maner into this realme. Antiquum obtinet." Signed: T. Dur'm.
¾p. Addressed. Indorsed. 2 wax seals: Mathew's private arms.
Inclosed in the same:—
(1) (Agreement by the Commissioners.)
Letters agreed upon by all the commissioners on 19 April and forthwith sent to the wardens of both realms.
(1) That the wardens be charged "to certifie them indelaiedlie in wryting," of all attempts since this treaty began, with the names of the offenders and all other requisite circumstances.
(2) To find out "with privitie" such offences done by any in their several Marches, on their opposites.
(3) To take and be ready to deliver such offenders when called for by us.
(4) To find out the most notable offenders opposite and send a note of them, who may be called for as pledges.
(5) To attend closely on their charges during this commission and apprehend any fresh offender, sending him at once to the commissioners with the nature of his offence.
(6) That the wardens or their deputies shall meet for justice with their opposites, according to the proclamations at Berwick, &c., to begin for the East March on 29th April instant, and the Middle March on 3d May next, and so continue daily.
(7) The residue of the bills shall be tried on Wednesday next in the "Towlbooth heer at Carlisle, where shall sitt with us in severall houses," the deputies of our Middle March and of Liddesdale to try their bills only: ourselves trying the bills between our West March and Liddesdale: and the wardens of the two West Marches or their deputies trying their bills in a third place in the said Towlbooth.
Lastly—The wardens to answer speedily in the premisses and attend the Commissioners' farther resolutions, &c. Subscribed. [The 8 commissioners' names.]
1¼ pp. Contemporary copy. Indorsed by Burghley's secretary.
600. The Commissioners to Burghley. [April 20.]
"Since th'insealinge of our other lettres," new occurrences press us to commend to you our doubt that Cesford, Buccleuch and Johnston are combined not to undergo any satisfaction by this commission or to give any pledges of their principal men; and we think our Grahams have the like purpose. Our reasons are (1) Cesford keeps away, while his principal instrument James of the Cove headed the outrage at Killam. (2) Buccleuch's people of Liddesdale " to welcome us hither," made two day forays on the 9th and 11th, slaying Lord Eure's warden sergeant, and wounding and spoiling in Tyndale. Lastly, on the 17th on pretext of following the poor men of Tindale, that sought "(as it were by pune, belike)" to recover some of their late losses, Buccleuch with troops of horse made a day foray, burned 3 onsetts, &c., "burned innocent creatures" therein, and murdered 12 or 14. The Laird Johnston after being here 2 or 3 days to make show of conformity, has retired and sent us word that by reason of a quarrel on Monday last at a horse race, between a Graham and one Urwyn under his charge, whose horse was there slain, he doubts his people's attendance unless Graham gives security and satisfaction. Doubtless a mere "cavill" to avoid his appearance, for the better backing of "his deare coosen" Buccleuch. But we have issued warrant for Graham's apprehension, to prevent that "cavill." These things we cannot doubt were done purposely, though they would make them out to have been "from chaunceable occasion"; and we fear some deeper practise may be hidden therein. Their commissioners intend, they say, to report these enormities to the King, but we suspend dealing with them meanwhile more than we must needs do. Of these two evils, viz. to go on with our course of justice, though it dishonours her Majesty, or to break off,—we choose the former as the lesser, until farther directions from your lordship and the rest.
As for the repair of me, William Bowes knight, to the King, it has been postponed (by assent of me, the Bishop of Durham), for the three reasons formerly given, and fourthly, as the King's safe conduct is not yet obtained, without which there is no safe passing through the countries of these desperate persons. Carlisle. Signed: Tobie Duresm., Will'm Bowes.
Though the number of men murdered, &c., by Buccleuch is not yet certain till missed by the heads, the report out of Liddesdale is of 30 or more.
2 pp. Addressed. Indorsed. Wafer signet: indistinct.
601. The Commissioners and Scrope. [April 21–22.]
(1) The requisition by the English commissioners to Lord Scrope as to Liddesdale bills, &c.
1½ pp. Copy by his clerk. Indorsed: "21 Aprill 1597 . . ."
(2) Scrope's answers to the requisition.
First.—Touching the fyling of the recent attempts upon his honour unto Liddesdale: he answers that "(in respect his honor ys soe neare unto hym, and that the lyke reference was had betwixt his father and the late Lord Maxwell, wherby great question grew betwixt theym, which was decyded by the Earle of Morton late regent, and by hym after many examinacions taken, ordered, that the byll which the Lord Maxwell before had clened upon his honor, then justly was therafter fyled, and therupon the party Scotshman called Priors Johns Tomye, was delyvered unto his sayd father as fowle and "perjured according unto the treatie), he cannot conveniently yeald to concur with the Layrd off Baclugh in fyling upon honour, for that, as yt ys well knowne, he the Layrd of Baclugh haith not only bene an actor, but also a speciall procurer of those invasions, day forries, most crewell slaughters, burninges, mutulacions and outragious offences, committed and done sythence the indignitye attempted against her Majesties castell of Carliell."
Secondly.—As for the opposites pressing your lordships to proceed with the bill of Liddesdale: he answers, that having the King's promise, as appears by Mr Bowes the ambassador's letter, that on the commissioners' meeting, before any other business, they should make full satisfaction for all bills committed since their meeting at Berwick—and being very loth to call the King's honour in question, and having such sufficient warrant, as your lordships know, for the bill of Liddesdale, he wishes that the same should be handled before any other, as the King promised. But he refers to their consideration, whatever your lordships think requisite "to hold hand unto" with your opposites. Signed: Th. Scroope.
¾ p. Indorsed: "Copie of the Lord Scropes answers made unto the commissioners requisition towching the bill of Lyddysdale."
602. Sir W. Bowes to Burghley. [April 23.]
The inclosed copy of our bill against Buccleuch for his late hostility in Tindale, will show your lordship the circumstances. The original letter from Johnston herewith also sent, will let you see how light an occasion he takes to keep himself and his people away from the commission. The questions thus arising for your judgement, may be these—first, whether this "withholdinge" of the Scottish wardens, &c., from justice here, the late outrages, and their combination generally, which is "mightely" suspected, spring from a plot, and the fear of justice by this commission drawing to a point, or from "accidentall occasions?" Secondly, if it be a device, how far the infection stretches toward the head, especially noting sundry circumstances, "whether there be not some Catholique or Spanishe practises hidden in it," seeing the intercourse and ordinary passing (as I hear) of "seminaries and suche like traffiquers through those partes into Ireland?" And "how aptly these stronge adventurous and desperate Scottishe wardens" may assist such practices, and the rebels in Ireland, which if they came to ripeness, might end in "thrustinge in of Dakers and Nevile" in the confusion of these borders, the distractions and contempt of their governors grown to such a head, "as I dare not divine of the sequele," but commend these to God and your wisdoms for reformation. Thirdly, if no such practice be found, but mere necessity arms them to defend themselves and join together, it must speedily be considered how we may stay "these wilde humours" till we can compass them about? Also how the King's "notable facilitie" may be so "tempered as he may take better tast and sence of these evills," and concur with her Majesty in some resolute course. And though it grieves us to endure these indignities to her Majesty, and we make show of "my self" returning to acquaint her thereof, and that "armed revenge" only remains, yet we have continued the course of justice "suche as it is," and billed Buccleuch as by the inclosed copy appears. And though by our indents, the appearance and trial of the West Marches and Liddesdale was to be here on a day past, while their wardens and people flatly refuse to repair hither, we forbear fyling them for non-appearance, as we might do in strictness, allowing them to fyle our bills on their own Marches on their wardens' honour, to see what may come of it, for these reasons—(1) to protract time till further instructions; (2) to find out their design therein; (3) to give them hope of "wadinge" through these matters quietly; (4) because our people of the Middle and West Marches make as little appearance as they do; (5) we are in great strait as to answering the great bill of Liddesdale, which Lord Scrope utterly refuses to do himself; and (6) we fear our own people were to blame for drawing on this last mischief of Buccleuch, who avows constantly under his own handwriting to us, that the Tindale men slew 2 men in Liddesdale the day before, and took goods, which he rescuing in fresh pursuit, was drawn into the said extremities—while our men deny this, and say they were drawn in by device of a Scottish fugitive, who escaped when the English were slain, and they did it to recover the great loss they had suffered on the 9th and 11th instant. From which confusion of outrages and reports, and the distemper in these Marches, manifold vexations continually spring. I earnestly recommend them first to God, then to her Majesty and your lordship. Carlisle. Signed: Will'm Bowes.
2¼ pp. Addressed. Indorsed. Bowes' wafer signet.
Inclosed in the same:—
(1) (Bill against Buccleuch.)
The 4 commissioners charge Sir Walter Scott laird of Buccleuch, keeper of Liddesdale, with a hostile invasion of Tyndale on the 17th instant, where he cruelly murdered 35 of the Queens subjects, sparing neither age nor sex, cutting some in pieces with his own hand, burning others, and drowning others—also burning 10 houses, and dividing the goods of the country among his men, in reward for service. This odious act was done "on the Holy Sabaoth," and within 14 days after he had received from the King's own mouth directions for his demeanour therein; and it was done during the commissioners' session at Carlisle, after their summons to him to appear there. They recapitulate his previous offences and murders, and assert that his "late enemy-like surprise of the castell of Carlisle . . . was an act of extreame hostilitie, and a principall motive of this commission." Also that his combination with the chief malefactors of both realms, indicates a design to rebel against his own King if the latter should prosecute him, manifested by his contempt in not attending or sending his people, nor forbearing hostilities aforesaid. The commissioners in their sovereign's name, require those of Scotland, seeing that the leagues and treaties of peace are by the "said last fact of Sir Walter Scott manifestly broken," to deliver him according to the plain tenor thereof "to repaire this exceedinge touche" of the Queen's honour—and that indelayedly, as they justify the holy religion professed between them, and tender the peace, or value the honor of their prince, who has appointed them under his great seal, and promised to ratify their doings on the word of a king.
1½ pp. Written by their clerk. Indorsed:" . . . 21 Aprill 1597 . . . The bill exhibited by the commissioners for England to the Commissioners for Scotland against the Lard of Buckclugh keeper of Liddesdaile."
(2) (Johnston to the Scots Commissioners.)
"I resavit your lordschipis lettre this Vodinsday at four efter nowne, desyring me to be in Carelell this Vodinsday with the rest of the Bordouris, the quhilk is unpossiabill to me to do, . . . in respect the bordouraris may hawe ane day or tua days varneing; and now sieand thair is sum accydenttis falling out betuix the tua countres be heirscheipes and slauther, that it is not possiabill to me to caus thame to entter in Cairlell, and siclyk sieing the misusing of my servands be the Ghrims contrair the assurance and proclamation, they will nocht entter for ne promeis that I is able to maike thame, and says planlie that Ingland will never keipe is thame sieing thai compt nething of me and my servandis. And quhair your lordschipis says it is bot the slauther of ane hors I crayff, I compt nother of that hors nor all the horss I have, it is my servandis lyff, . . . senthe the quhilk I think gaive it had bene gotting I vauld haive gotting ne mar amendis for him, nor I get for the hors; and siclyk hes resavit ane lettre fra Thomis Senws(?), desyring me to be in Cairlell this Vodnisday at iij, the quhilk lettre I gat nocht quhill fywe houris eftir none; nochtheles I sall nocht faill to do all dilligence that lays in me to conveine the haill bordour to the kirk of Grettney quhair I sall be present my selfe, provyding that I may be lawffullie adverteissit tua or thrie dayis of befoir, quhairthrow that I may get thame conveinit; and gaive it be possiabill I sall bring thame to Cairlell, for in respect the lettres, we could get ne answer when I and they wes thair present, I think ye may als veill apoynt ane new day that may be lawfullie keipeit, in respect thai ar at hame and we man travell out of our awin counttrie. And as for thay men thai hawe apoynt for quyting and fylling of billes, ye sall understand the Laird of Apilgirthe is out of the counttrie, and as for Newbe, I can nocht tell quhair he is. Ye aucht to have advertissit me befoir my repairing, gaive thai had craiffit sum men; bot alvays I sall do dilligence to advertis thame. Sua for the present I vill commit yow to God. Of Lochmaban this Vodinsday att fywe efter none being the xx day of Apryll 1597." Signed: Johnestoune.
¾ p. Addressed: "To the rycht honorable my lordis commissioneris of Scotland forenent Ingland geve this."
603. Sir W. Bowes to Burghley. [April. 27.]
The conference mentioned in my last, desired by our "opposites" with Buccleuch and his people of Liddesdale, was held on the confines of that country, but to small effect. For Buccleuch (as one of the Commissioners on whose kindness he chiefly relies, told me) showed by his behaviour, that he would no further press his people to tell the truth of their attempts, either on their oaths or on his own honour, than they would voluntarily deliver to his "naked and bare examination." From this, and the like expected from Johnston and Cesford, the justice intended by this commission "is like to fall into hard tearmes," unless the King can be persuaded to break their combination, and perform his commissioners' indents for delivery of pledges, the only means now and hereafter "to bridle these wicked clandes." His good inclination is from time to time signified in general terms to the ambassador, in answer to complaints from our wardens or ourselves, as shown lately in the attempt of Killam, where he sent a gentleman expressly to learn the truth. But though he admits the need of speedy remedy, yet these iniquities increase, and the slight excuses of his officers have more credit with him, than any complaint from our nation or his own commissioners. For instance, the last received directions (they say) yesterday from him to demand justice on Buccleuch's complaint of Tyndale for their attempt on Saturday; yet he takes no knowledge of Buccleuch's "horrible act" on Sunday following!
This defect in the King, "whether it springe of too muche facilitie, or too little sinceritie," added to the strange course taken by his wardens, draweth me (seeing her Majesty has been pleased to trust me both as a commissioner, and an envoy to him for redress) to think of some strong motive to be presented to him for better conformity. And as these officers hold his full authority, I consider their actions are done "by him or for him," and the laying before him the peril of war involved by a continuance of their invasions, may procure a speedier decision at his hands. And "I protest in the worde of that truth whereby my soule shall live ever," that I have no other motive but the discharge of my duty, in asking your lordships to direct me whether at all, or how far I shall urge the King thus for the delivery into her Majesty's hands of Cesford and Buccleuch for the invasions—the only way to acquit himself, and convince the world that he had no concern with these acts. And I conceive it will make him "warie" what new officers he puts into their places. I have now got his safe conduct, but hearing he is to take his journey from Edinburgh to Dundee about 6th May to "the synodall convention" there, and our proceedings here are not so forward as we wish, the Bishop also unwilling to spare my assistance therein, and with Lord Scrope and the Carletons and Grahams, as your letters lately directed us,—I shall, unless otherwise directed from you, await the King's return from Dundee. Carlisle. Signed: Will'm Bowes.
Since writing the above, Johnston with some of his people is come hither "of purpose (as he saieth) to advaunce the course of justice in execucion of our commission."
2½pp. Addressed. Indorsed by Cecil's clerk.
604. Robert Vernon to [Burghley]. [April 27. 1597.]
Requesting his "honor" to order the receivers to pay as follows towards the garrison pay at Berwick for the first half year ending at Lady day—and he will be "contented to beare" any deficiency, so that the men are fully paid.
From the receivers,—of Lincoln, 1500l; of York (who should pay 4000l.), 3000l.; and of Northumberland and the Bishopric, 2000l.; in all, 6500l.
The garrison pay for first half year, 6658l.; works done this half year, 138l. 13s. 6¾d.; "by a warrant directed from your lordship for the repairing of Warke castell," 300l.; in all, 7096l. 13s. 6¾d. Being bold thus to trouble his honor, because time passes and it will "aske" some time to send for Mr Bowes's indents for the receipt. Signed: Robert Vernon.
1 p. Indorsed.
605. Scrope to Cecil. [April 28. 1597.]
As directed by the lords of the council, the matter in controversy between the Carletons and me, was heard before the Commissioners, "the succes wherof you maye understand by th'inclosed." I pray you still for my lord your father's and your own favour, which I will always deserve "whatsomever" other men would say. Carlisle. Signed: Th. Scroope.
¾ p. Holograph; as also address. Indorsed. Quartered wafer signet as before.
606. West March Bills Against Scotland. [April 28.]
"Indented at Carliell the xxviijth of Aprill 1597, by ordre of the lordes commissioners for Border causes, betwixt the lordes wardens of the West Marches of England and Scotland as followeth."
[For the most part a recapitulation of claims already made, with some additions since the commissioners first sat; stating the amounts, result, &c.]
f. 35. Captain of Bewcastle against John of Langham, Will Kynmont, &c., for 24 horse and mares, himself prisoner and ransomed to 200l. sterling, and 16 other prisoners, and slaughter. "Foule by confession" and referred to the commissioners for "tryall of the trodd," 400l.
f. 75. Mr Robert Bowes ambassador against Sandy Armstrong for 2 horses. "Foule for lack of answer," 20l.
f. 166. Thomas Raylton against the Goodman of Woddesleas for a "kowe and a quy;" foul for lack of answer, 3l.
f. 170. William Grame alias "lang Wully" against Hebbies Turnshawe, &c., for 20 kye and oxen, and insight; foul for lack of answer, 40l.
f. 177. John Trumpeter against Willy Frigg, Geordy Kang, &c., for "gold monie," furniture and himself prisoner. Foul for lack of answer, 10l.
Bills fyled, extracted and referred to the commissioners' and wardens' honours, betwixt the West Marches of England and the West Marches of Scotland, committed since the last commissioners' meeting at Berwick, February 1587, and examined as within specified, by the direction of the Bishop of Durham and his associate commissioners for border causes, 180; the principal single value whereof amounts by estimation to 11,987l. 18s.
8¼pp. Double broad sheets. Indorsed partly by the Bishop and Burghley.
607. West March Bills against England. [April 28.]
Indented at Carlisle 28 April 1597, by order of the lords commissioners for Border causes, betwixt the lords wardens of the West Marches of Scotland and England as follows.
f. 29. John Armstrong of Hollas against John Musgrave, &c., for 400 kye and oxen, 20 horse, 10 score sheep, gold and money 20l., insight, 200l.; foul for lack of answer, 800l.
f. 30. Lord Herries against Geordy Grame, &c., for 8 score kye and oxen, 100 sheep, 30 horse and mares, and ransoming 4 servants; foul for lack of answer, 400l.
f. 31. The same against the same, for 200 kye and oxen, 300 sheep, 30 horse and mares; foul (at last), 700l.
f. 32. The same against the same for 100 kye, 100 sheep, 20 horse and mares, insight; foul (as last), 400l.
f. 33. Rynyon Armstrong of Aughenbedrigg against Thomas Musgrave, Captain Carvell, Will. Hutton, &c., for 30 score kye and oxen, 20 horse and mares, 30 score sheep and "gayt," insight of 20 houses, 1000 marks, a horse 40l.; foul by confession of Captain Musgrave, 2000l.
f. 39. Laird Johnston against Will and Wattye Grames, sons to Dicks Davye, &c., for gold money 200l., slaughter of 3 men, and "mutulating" 5 others; "respeted."
f. 40. The same against Geordy Grame son to Rob of Fald, Geordy Grame of Milhill, &c., for 60 kye and oxen, 10 horse and mares, slaughter of 2 men; foul for lack of answer, 200l.
f. 41. The same against the same, for 9 score kye and oxen, 1000 sheep; foul (as last), 400l.
f. 44. The same against Geordy of Fald, &c., for 6 score kye and oxen and 26 score sheep; foul (as last), 500l.
f. 45. George Herries of Taraughtrie against Fergie of Plumpe, &c., for 4 score kye and oxen, 6 horse and mares, burning houses; foul (as last), 300l.
f. 57. John Charter of Empsfield against Fergye of Plumpe, &c., for 24 horse; foul (as last), 80l.
f. 58. John Carrudders of Holmendes against Brades Jock, &c., for 16 kye and oxen; foul (as last), 30l.
f. 59. The same against the same for 40 kye and oxen; foul (as last), 160l.
f. 65. Will'm Kynmont against Sym "Rydebefore" and Ranys Davy Grame. "Rydebefore dead, Ranyes Davye a fugityve."
f. 69. George Harries against Rob of Fald, Goodman of Netherbye, &c., for burning Taraughtrie, 10,000 "merkes Scottes," foul for lack of answer, 1000l.
f. 70. Walter Harries servant to the Lord Harries against Thom Grame of Akebankes, &c., " from Craford moore" 2000l. of insight; foul and agreed, 200l.
f. 82. Mungoe Johnston of Lockerby against Rychie Rae, man to Markes Tom Geordy, &c., 4 oxen; foul for lack of answer, 8l.
f. 83. Laird of Closburne against Will of Mote, foul and agreed.
f. 86. John Corsan against Rychard Murrey "the guyde," &c., for 20 sheep; foul for lack of answer, 6l.
f. 108. The inhabitants of the town of Annan against John Grame of West Linton, &c., for 30 kye and oxen, 24 prisoners; foul (as last), 80l.
Bills fyled contracted and referred to the commissioners' and wardens' honour betwixt the West Marches of Scotland and the West Marches of England committed since the last commissioners' meeting at Berwick, February 1587, and now examined as within specified by direction of the Bishop of Durham and his associate commissioners for Border causes, 110; the principal or single value whereof by estimation is 13,007l. 10s.
5¼pp. Double broad sheets. Indorsed partly by the Bishop and Burghley.
608. Liddesdale bills on England. [April 28–29.]
At Carlisle 28 April 1597:—
Bill of William Ewarte's wife and William Michellsone upon John Ridley man to Mr Ridley of Williemuntswicke, John Smith, John Pigg in Hawtewessle, and John Robsoune of Wooddhouses—by the warden's honor for the goods only.
[Five others by Armstrongs and Ellotts.]
Carlisle 29 April:—[30 bills, Armstrongs and Ellots on Robsons, Charletons, Dodds, &c. Neither the nature of the offence nor value are stated.]
4 pp. Indorsed by Burghley: "Midle March Lyddesdale—for the Scottes. Aprill-May.—Bills agt England 1597."
609. Middle March bills on Liddesdale. [April 28–30.]
At Carlisle 28 April 1597:—
"A bill of Mr Henrye Bowes and Raphe Mansfealde, foul on the Laird of Buclughe by the commissioners honors for the burning and murthers therin conteyned."
A bill of Jarrard Robsoun's alias "cappenerke" of Stannisburne, foul by confession on the honor of the "keper" of Liddesdale on the persons therein contained.
A bill of Thomas Blackett's of Burnefoote on Lanclote and Francis Armstrong of Whithaugh, David Armstronge called "bredsworde," &c., quit on the said keeper's honor.
A bill of Mathew Charleton's of Ellinghamerigge, against Robert Ellott of Thorleshopp, Henry Nixsoun of Killforde, Hob Armstrong and Alexander Armstrong called "Henxie amiser," by the keper, "that Robert Ellott is in Hexham gaole, and quit upon the rest, that there is not such a persoune."
At Carlisle 29th April:
[Six bills "foule"] one on "gleed" Jocke Nixsoune, &c., another on Clemmy "the clashe."
At Carlisle 30th April:—[85 bills in all—foul or agreed, &c.].
Among the plaintiffs are,—Hugh Ridley of Plenmeller, Edward Charleton of Hesleside, Margerie Heron of Chipchese, Margaret Blenkinsopp of Bittlestone, Isabell Charleton of Boughthill, Mergerie Sympson of Ushawe, Richard Thirlwall of Thirlwall castle, John Heron of Chipchase junior, John Blenkinsone of Bellester, Mathew Bee, &c., of Allendale, Thomas Wigham of the Esh, John Pigge of Hawtwhistell. Among defendants, Arche Ellott "brunt hand," "Whitlipps" Jame Crosier, Hobb (Robert) Scott called "bradowe."
12½ pp. Indorsed partly by the Bishop: "Medias Marchias billes," &c., "in April and in May 1597 . . ." (also by Burghley).
610. The Commissioners to Burghley. [April 29.]
We have against our wills been silent since the 20th, having little occasion to write, through the uncertainty arising from the insolent incursion of Cesford's men against Killam, and Buccleuch's bloody and barbarous outrage in Tyndale, which well nigh defeated the treaty, "the lewd Liddesdales" pretending fear to make personal appearance here, and we could not resolve how to deal either with them or without them. However, we have in the end proceeded to business with our opposites, and fyled and cleaned the bills for the Middle and West Marches; and not only fyled Buccleuch himself for Tyndale, but with great ado have at length kept Lord Scrope out of the great bill of Liddesdale, so consequently the warrant your lordship "wotteth of" not questioned or mentioned at all, but the fires and goods fyled on private men named in the bill. We have also agreed that on Saturday next at the "bound roade nigh Gratney kirke," the wardens or deputies of the West Marches shall meet and receive and deliver the persons fyled for offences since our first sitting on 12 January: and on Monday next, Buccleuch or his deputy to do the like for Liddesdale, so as if promises be kept, and the order for pledges duly observed, "it may be God Almighty of his great mercie will cause some good fruite to follow of this our simple service." Meantime we proceed as diligently and warily as we can to bring the treaty to a good conclusion—and though we would gladly have your advice before engrossing it, while the Scots are here, we fear this cannot be, they are so desirous to get home, and the posts ride so slowly, besides the multitude of weighty affairs at Court not affording leisure on a sudden to answer our inquiry, though most necessary if it could be obtained.
We have appointed Tuesday next for the ecclesiastical commission, whereby we shall see the state of this country, consider the quality of the recusants, and confer with the Bishop of Carlisle, the warden, &c., for reformation of the state whereinto these parts and others are fallen—as her Majesty's particular instructions to me the Bishop of Durham bear, which I imparted on Sunday last to the three wardens in presence of Sir William Bowes, whereto they will accommodate themselves with all zeal and diligence.
We look daily for the presentments of the decays in the three wardenries, with their causes and remedies, which we shall send up for her Majesty's and the Council's consideration.
We defer our report on the Carletons and Grames till our next letters. Carlisle. Signed: Tobie Duresm., Will'm Bowes, F. Slyngisbe, Clement Colmore, Jo. Benet.
(fn. 5) "All our three wardens, upon her Majesties most gratious motion, are well accorded and frendes, which we trust will doe mutche good and prevent manie great inconveniences."
1½pp. Addressed. Indorsed. Wax seal: Durham impaling Mathew.
611. Eure to Burghley. [April 29.]
The commissioners on Thursday the 28th filed Buclughe's "outragous" bill against Tyndale; other recent bills since the 12th January are filed on their honors.
The terror of this great bill of Tyndale, and the fear the people have of peace continuing while Buccleuch is officer, have forced them not only from their dwelling houses, but also from their "sommer sheills, which is theire chefest profitt"; and I cannot defend them there with safety of their lives, without I have 100 foot from Berwick to lie during the summer with them for defence. Nor will the people venture themselves without such guard against his continued cruelty. I humbly desire your assistance for her Majesty's pleasure herein, for now is the time they should take to the sheeles, or it will be lost for the whole year. I pray you also signify my duty to her Majesty, that according to her pleasure, the wardens are all agreed in joint service to her. Carlisle. Signed: Ra. Eure.
¾p. Addressed. Indorsed.
612. Eure to Cecil. [April 29.]
My opposite the laird of Baclughe has revived with cruel revenge, his malicious "feede" against the Queen's subjects of Tindale—"the conceived greife growing upon the taking of his father prisoner in former tyme by them." [Here his several murders, day forays, &c., since Sir John Forster left office are related as in former letters.] And now the last on the 17th, where he himself was an actor, murdered burned and drowned almost 30 persons, and burned the "fayrest houses of the ordinarie yeoman men within Tindaile," to the number of 3 or 4, with 20 out houses attached. I inclose the names of the men and houses to your honor. This barbarous cruelty and ancient enmity to the English, has prevented these poor people from venturing to their "sheilding" for fear of their lives, without some help, which I humbly beg your honor to procure by her Majesty's pleasure from the garrison of Berwick. For they fly from their winter dwellings 5 or 6 miles into the country, so that the March lies waste and uninhabited, through the "unchristianlie usage" of this officer in time of peace. Carlisle. Signed: Ra. Eure.
(fn. 6) The number of 100 foot would do much good for "Tindayle sheild."
1½ pp. Addressed. Indorsed: " . . . Rec'. at Whithall the third of May."
Inclosed in the same:—
(List of the slain, &c.)
Same as in No. 595.
1 p. Contemporary hand.
613. Verdict by a jury of the West March. [April 30.]
"The verdict of Christoffer Dalston" [and 14 others] "esquiers jurors for the West Marches of England," &c., charged by the Bishop of Durham, &c., her Majesty's commissioners for the borders. "Gevin at Carliell the last of Aprill," 39 Eliz., &c., 1597.
Under 15 heads—the last numbered 14 in error.
1. They present that the discontinuance of warden meetings is due to the feuds, &c., of the Scottish wardens, who could not or dared not attend.
2. As to murders committed by Scots since the year 1579: they present an abstract drawn up by the officers since the last meeting of commissioners in 1587, distinguishing each year—49 in all, [whose names and those of the murderers have appeared in previous abstracts].
3. In answer to this inquiry, on defaults among the English borderers themselves: they present several, and a list of notorious felons known to themselves still "at large," viz., John Grame alias Jocke of Peirtre, Geordie Grame alias Gatle, John Barnefather alias Jocke Webster [and 21 others, Hethertons, Blackburn, Batie, Forsters, Twedyes, Nobles, &c.].
4. As for the falling off in last 7 years of the horse and foot, they find the number much the same, but refer to the lord warden's book—and think the default also arises partly from many of her Majesty's tenants claiming "tenant right" and such an absolute estate, that they cannot be dealt with as formerly, when the unfurnished tenant was displaced and an able man set in his room—and partly from the last 3 years' dearth here, but specially from the great stealing, robbery, reaving, &c., both by the Scots, and the Englishmen of Bewcastle and Gilsland—which places are ill governed by their officers.
5. For the inquiry as to persons who have left their dwellings, the only official report sent to them, is that 30 have left Bewcastle.
6. Nor can they find too great sub-division of holdings, or any depopulating of towns or converting tillage to pasture.
7. They cannot find any great number of Scots as farmers or servants "but for Scottes roges for thes two last yeares, this border haithe bene and ys overlaide with thowsandes."
8 and 9. To these inquiries as to the best course of justice, and the names of 6 Scottish gentlemen for opposite assisers, they find the commissioners have settled a course, and refer these matters to themselves.
11. They present, as paying blackmail to Richard Grame of Langetown, and his wife, but chiefly to William Haire his clerk, some of Mr Dacres of Lanercost's tenants, but for how long they know not.
12. They know of no sheip "raikes" let to Scots in this March.
13 and 14 contain their views for the better strengthening and quiet of the March—bonds of doubtful persons—residence of the several under officers in these districts, &c.—no compounding felonies—beginning feuds punished by death, &c.
14. (fn. 7) " To the 15th we present that the churche of Bewcastle, the churche of Stapleton, the church of Arthred, being within this Marche, have bene decayed by the space of threscore yeares and more, but we certanely knowe not the patrons of the sayd churches, neyther who ought to buyld the same. And the churche of Lanerd cost, ys nowe also in decaye, and haith so bene by the space of two or thre yeares last past, but by whome the same ought to be repaired we knowe not. And the churche of Kirklinton is also in decaye, and so haithe contynewed the space of twentie yeare, and that William Musgrave esquier, and Edward Musgrave his sonne, are patrons of the same." Signed: Christofer Dalston, Nicholas Curwen, He. Leighe, Henry Blencowe, Lancelot Skelton, James Bellingham, George Salkeld, John Lamplughe, Francis Lamplughe, Gerard Lowther, Christofer Lowther, Wilfr. Lawson, Edward Musgrave, Edmund Dudleye, William Hutton, Richard Lowther, John Richemonde.
8 pp. Double broad sheets. Indorsed by Burghley: "9 Martii 1597. Inquisition by a jury for disord. in the West Marches."
614. Scrope to Burghley. [April 30.]
Having as commanded by the commissioners, "condesended" to the calling of bills between this and the opposite West March, and proceeded in answering one bill after another as directed, which has continued two days—finding that the Scots would make us answerable for their own troubles between the Maxwells and Johnstons, because the Grames were chief actors in the same, "and would not be moch discontented to be delivered:" I leave it to your consideration what inconvenience might happen in these dangerous times "to have them so privat in Scottland soe long a tyme!" On Monday 2d May is appointed for the meeting of the Laird of "Bugklugh," where the King "(as I am creadibly informed)" has directed his commissioners "for thire last refuge, to intimate upon her Majestie for the receite of Bothewell." But in this and all other things, I will do as your lordship directs me. Signed: Th. Scroope.
Postscript:—I pray you remember the soldiers, for I am persuaded we shall have occasion to use them. "I advised the commissioners to put on the King for the receite of Francis Dacre, which I thincke was since this treatise: but I am not as yet assured, bicause I had noe tyme to inquyre, for upon this occation I did but beginne to thincke of it."
2 pp. Holograph; as also address. Indorsed.
615. Swift to Burghley. [April 30.]
There is provision now made of all kind of grain to serve the Berwick garrison till after Michaelmas next, and I trust it is by this time there. The rest, yet undelivered in divers men's hands, I should quickly send off if I were at the places of delivery.
Mr Coniers has long since almost finished our last year's account, but cannot perfect it without your honour's pleasure on my petitions. As for 2 years almost, I have spent my whole time to my great charges and travell, I humbly beseech your lordship to signify to "Mr Auditour" your pleasure. Not signed.
¼ p. Written by his clerk. Indorsed by Burghley's secretary.