Calendar of Border Papers: Volume 2, 1595-1603. Originally published by Her Majesty's Stationery Office, London, 1896.
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616. Sir W. Bowes to Cecil. [May 2.]
I received her Majesty's letter of 27th April, "yesternight" after 7—the contents whereof I shall with all diligence deliver to the Scottish King.
I also received your own of same date hastening my address on account of the late outrages, which though so notorious, yet were "so covered with faire pretext of a lawfull trode and fresh pursuite" of English trespassers, especially Buccleuch's, that a "heedfull" inquisition and "curious debate" with our opposites, were requisite to get at the truth, and the bill fyled to our advantage.
Buccleuch avowed his inroad was lawful, for 60 English entered Liddesdale at night, slew 2 men and drove many sheep and cattle, when the fray arising, he with neighbouring gentlemen "followed the chace with the dog," and put the first men he met making resistance, to the sword. The rest of the spoil, taken to sundry houses in Tindale, was therein held against him by the stealers, and though he offered them life and goods, if the cattle were delivered, he had to force entry by firing the doors, when the houses were burned "besides his purpose," with the obstinate people who refused to yield on trust. This is the substance of his narration, and in its material circumstances, we found it "so neere the truthe as being added to the auncient immunitie to kill whosoever they found with the reide hand (that is) possessinge or drivinge stolen goodes," that we were in a great difficulty; but finding that he had burned some houses and innocent people who had none of the stolen goods, we got an advantage, and fyled him on the commissioners' honors, and then required our opposites in writing for three reasons, and assigned a time, place and manner, to deliver all on our side who had "falted," demanding the like from their hands. The first appointment with Johnston was kept on both sides the last of April; but this day our deputies attending the time and place on Scottish ground, Buccleuch made no appearance nor sent any excuse. I can now repair to the King thus furnished—against Buccleuch, as I cannot conveniently take the wardens' books, I have drawn a Constat out of the record, signed by three of the opposites, stating his offences. For Cesford, I am thus provided—first the Constat as to Swinburne castle, &c., though he avoids the charges of murdering Englishmen, by proving them Scots born, and Buccleuch says 18 of the last slain in Tyndale were "native" Scots. For the men slain by both at Eslington, though outside of this treaty by limitation of years, yet being reserved to the princes in the last, I shall now charge Cesford with them on the Queen's behalf. My purpose is to solicit the King to cause his commissioners and wardens to meet him at Edinburgh on his return from Dundee, expected about the 16th instant, when I see not how he can evade either delivering Cesford and Buccleuch into her Majesty's hands, or directly break the treaty: hoping he will get out of this strait, by giving our desired pledges, and appointing more peaceable wardens. I have enlarged the more, to show her Majesty I do not neglect her service, but as it was left to my lord of Durham and me to judge as to the time for my entry, it was thought best to "beat out" the truth here before proceeding to enforce her Majesty's views on the King. For which purpose we have prepared matters by the ambassador, myself awaiting a fit time to proceed. My success I must wholly recommend to the Heavenly guiding, her Majesty's acceptance, and your favourable report. Carlisle. Signed: Will'm Bowes.
2¼pp. Addressed. Indorsed.
617. Scrope to Cecil. [May 2.]
"As my brother Robert Cary receaved noe delivery for the bills filed by the commissioners at Barowike, so likewise noe performance at all hathe bene had at the Lard of Bucklughe for Liddisdaill. My brother Bowes, and the other comissioners have taken very great paynes in this service, wherin he could not conveniently have bene spayred." The Scots make great haste to be gone, but vary so often, the time is uncertain to me. This and Buccleuch's attempts, argue some "mightie mischief" from him, and if it fall out, I entreat to know if I may not revenge it, for the most part of the people of Gilsland and Bewcastle are so overrun and spoiled, that they must leave the country to support their families, unless the Queen tolerates revenge and sends timely aid of soldiers, which we shall have great occasion for. "The Kings coming to Dunfreese was not for nothing." Carlisle. Signed: Th. Scroope.
1½ pp. Holograph; as also address. Indorsed.
618. Certificate by Henry Leigh. [May 2.]
Henry Leighe deputy of Lord Scrope being sent by his lordship to Cannonbye holme in Scotland, under indent between the commissioners, on 27th April, to make and take delivery from the Laird of Buccleuch, keeper of Liddesdale for all bills since 12th January, found no man from the keeper at the place appointed. So that the indent was broken by default of the Scots, saving that one Gawen Ellott who said he was Buccleuch's deputy, came and confessed that he had not the principal offenders there to deliver, but offered a "meane fellow" a servant, in their name, and prayed a "respet" of 8 days when he would deliver the offenders. But Henry Leigh having no commission other than in the indent, could not yield to him, so there was nothing done.
Likewise same day and place, Henry Bowes esq., deputy to Lord Eure, was ready to deliver his offenders, but could not get the like, save that Gawen Ellott craved as aforesaid. Signed: He. Leighe.
¾ p. Indorsed: "A breviat of Mr Leigh, Lord Scroopes deputie," &c.
619. Sir R. Carey to Cecil. [May 3.]
I have been at Carlisle with our commissioners, and sought by all means to get delivery for the bills filed, but got none, and fear there will be little good done, except Sir William Bowes do it, who is by this time gone to the King. When I left Carlisle on the 29th April, the Scots commissioners gave out they would break up and return to the King on Monday after, the 2d May, which if they did, "I see not but this commission hath done more hurt then good."
I understand by my servant "whome I have left there for the dispatche of my busynesse, of the honorable care you have had of me, for the which and a great nombre moe of your kynd favoures I can but rest thankfull . . . beseacheing . . . that yt may please you to knowe her Majesties absolute pleasure touching my pattent, wherby I may from you understand what I may hope for or trust to, for to be resolved of the one or the other I onlye desyer." Berwick. Signed: Rob. Carey.
¾ p. Addressed. Indorsed.
620. Demand for Scottish fugitives and Reply by England. [May 4.]
Carlisle 4 May 1597.—"Pleaseth it your lordschippes to lett us have your answeare by wryting, anenst our fugitives and rebelles for high treason, resett upon your borders" and elsewhere in this realm; whose names we delivered to you at Berwick, viz., Mr Archibald Douglasse, James Douglasse sometime of Spott, Archibalde Wauchop sometime of Nudrie younger, Alexander Houme sometime of Prendergaist, and Mr Thomas Cranston son to John Cranston of Thirlston mains.
Subscribitur: Dunkell, George Houme, Fawdonside.
The answer of the English commissioners.
To the said requisition may it please your lordships to receive for answer, first,—that we cannot understand that these persons are "commorant" on the borders, or limits of our commission: next, that we conceive that the treaty prescribes a certain form of requisition by one prince to the other in this case, which we wish you to peruse and consider of, not doubting but her Majesty will satisfy the demand, if so made to her. Subscribitur: T. Duresm., Will'm Bowes, F. Slingsbe, Cl. Colmore.
1 p. Copies by the English clerk. Indorsed by Burghley and his secretary.
621. The Commissioners' Proclamation. [May 5.]
The commissioners of both realms having now "by favour and assistance of Goddes good spirit," concluded the great work wherein they were employed by their princes, purposing with all diligence to address themselves to the presence of their sovereigns to carry into effect the indents between them, ordain proclamations to be made in their sovereigns' names at the market crosses of the head boroughs of the Marches of both realms, inhibiting all inhabitants thereof from disturbing the peace in any sort, under pain of the offenders being held as public enemies and dealt with accordingly. Requiring and commanding in their sovereigns' names, all the wardens and keepers of the Marches to give earnest attendance on their offices and repress all disorders "at their utter charge and perill." Carlisle. "God save the Queene." Signed: Tobie Duresm., F. Slyngisbe, Cl. Colmore. (fn. 1) Copia vera: T. Duresm.
1 p. Indorsed by the Bishop: "A kynde of proclamation for peace and good rule upon the Borders, donec et quousque. 5 Maij 1597."
622. The Treaty at Carlisle. [May 5.]
"Know all Christian people," &c., "wee Tobie by Godes providence bushopp of Duresme, Sir William Bowes knight, Frauncis Slyngisbe esquier, and Clement Colmore doctor of lawe, commissioners of the most high, most excellent and mighty princes, Elizabeth by the grace of God, Quene of England, Fraunce and Irelande, Defendour of the faith, &c.: and wee Peter by the mercie of God bushopp of Dunkell, one of the senatours of the Colledge of Justice within Scotlande, Sir George Houme of Wedderbourne knight, Andrew Kerr of Fawdonside, and Mr George Younge, archidean of St Audros, commissioners for the right high, right excellent and mighty prince, James the Sixt King of Scottes our soveraigne lord, send greeting in our Lord God everlasting. Know yee," &c., that we have resolved as follows:—
There are 36 articles numbered on margin by Burghley.
1. That good ministers be planted at every border church to inform the lawless people of their duty, and watch over their manners—the principals of each parish giving their prince surety for due reverence to the pastor in his office: the said churches to be timely repaired.
2. A border council of the most sufficient and discreet in each March, to be chosen by the prince, to meet twice a year.
3. The wardens at the first day of truce, within 4 days after midsummer yearly, to interchange copies of their commissions, and receive each other's oaths to do justice, &c.
4. That each warden "speir out" offenders in his own March against the opposite, exceeding five in number, fyle them on his honour, and deliver within 15 days, on requisition made to him within 48 hours, or pay the bill himself.
6. No warden or keeper shall hereafter ride in person, or direct any to ride, in hostile manner, in the opposite realm without his prince's special command under hand and seal, on pain of being held a public enemy, and any riding with him shall forfeit redress for ever.
7. The border councils, shall on due inquiry, inroll all notorious thieves, delivering a copy to their warden, who shall on the first conviction of any such, put him forthwith to death, or if fugitive, proclaim him, and destroy his dwelling-house.
8. Deadly feud borne by any of one March against their opposite, for executing a thief by justice, or killing him "redhand," to be put down by his warden making him renounce the feud under his hand, or delivering him to the opposite warden till he does so. This for bygones as well as in time to come.
9. As to slaughters—this addition shall be made to the former treaties—that when required, the wardens shall do justice therein "precisely," within 15 days after, to their opposites, on pain of 10l. sterling every month while justice is delayed, paid to the party grieved, by the defaulting warden.
10. A warden opposite two other Marches may do justice with one, though refused by the other.
11. If a warden deliver his officer for a bill fyled, and "borrowe him againe upon his word (as the use is), and meantime the party fyled depart this life by whatsoever waie or meane," the warden shall pay the bill and seek his remedy from the heirs, &c., of the defunct "as he may best."
12. For violent resistance or bodily hurt of the followers of stolen goods in fresh pursuit by night or day, ordained, that besides ordinary redress of goods, any offender chosen by the complainants shall be delivered to the opposite officer to be punished at his discretion.
13. No broken borderer to be suffered to keep any idle person, and none such to remain in a border village or alehouse, or they shall be "billable" for so doing, as if they had resetted stolen goods.
14. As to damages for malicious accusations without cause.
15. Bonâ fide possessors of stolen goods to retain them as their own, if not sued within year and day.
16–17. As to swearing bills—and penalty for any man troubling another for billing him.
18. To prevent fraud, no "back bill" shall be good unless made within 40 days after fyling a bill.
20. A borderer getting an opposite to be his surety, and not relieving him of his bond in due time, but leaving him to pay it, his heirs, &c., shall if he dies be adjudged by his warden to repay, to the other or his heirs, &c. though not mentioned in the bond.
21. No action for debt shall be tried on the Marches, unless the defendant at least be inhabitant there, but by the ordinary judge. By the Marches is understood, the English, from Newcastle to Peareth, and the Scottish from Edinburgh and Dumfreize exclusively.
23. Material words or names interlined in any bill, shall be held as unwritten, except they be inserted by the present or future commissioners' authority.
24. Before the last of June next the wardens shall enrol all fugitives exiled for theft and robbery, and within their March, sending the same under their hands to the opposite wardens, requesting them to have them secretly and safely apprehended and delivered under the treaty.
26. As to the delivery on either side of two or three of every surname of broken men as pledges.
27–35 relate to their delivery, custody and other provisions as before.
36. The next treaty to be held in Scotland unless otherwise agreed between the princes.
[The commissions (in Latin) by the princes are here recited—that by Elizabeth, tested at Westminster 2d October in her 38th year—that of James at Halyruidhouse 8th January 1596, 30th of his reign.]
Signed: Tobie Duresm., Will'm Bowes, F. Slyngisbe, Clement Colmore, Dunkell, George Houme, Fawdonsyd.
10½ pp. Indorsed by Burghley: "5 Maij 1597. The treaty at Carlisle."
623. The Treaty at Carlisle. [May 5.]
[Similar in all respects to the preceding, except that the phraseology is Scottish, the Scottish commissioners' names come first in order, and the King's commission precedes that of Elizabeth.] Signed: Dunkell, George Houme, Fawdonsyd, Tobie Duresm., Will'm Bowes, F. Slyngisbe, Cl. Colmore.
11½ pp. Written in a Scottish hand. Indorsed by Burghley: "5 Maij 1597. The treaty of Carlisle, signed by the Scottish and English commissioners."
624. Treaty at Carlisle. [May 5.]
[A copy of clauses 26 to 34 relating to the delivery custody, &c., of pledges on either side.]
1 p. Copy by the English clerk. Indorsed: "An abstract of principall matters out of the treatie for Border causes betwene England and Scotland at Barwick and Carlisle anno Domini 1596 and 1597. Regine Eliz. 39.°" Possibly the first sheet has been lost.
625. The Bishop of Durham to Cecil. [1597.]
As Sir William Bowes communicated to me his instructions signed by you 1st April last, containing her Majesty's commands for his repair to the King of Scots, with certain other matters on Border causes, and advice to some principal persons hereabout: while I know he diligently informed you of our proceedings, yet now he is gone into Scotland, I have thought good in discharge of my own duty, to advertise you that it may be made known to her highness, that we as instructed, procured Lord Scrope, Lord Eure and Sir Robert Carey wardens of the English Marches to meet with us here. We then imparted to them her Majesty's "most Christian and princely" admonition to them and the gentlemen in their charges, to such amicable concord, "as best might please the God of Peace, and most affurther" her service there; the lack of which had greatly discouraged the better sort, impaired their own reputations, and "advaunced the creast of their opposites"; who had thus of late insolently triumphed and prayed upon this nation, to its dishonour, her Majesty's discontentment, and the "high displeasure of Almighty God," besides the pitiful outcries of men, women, and children, widows and orphans, spoiled and murdered almost in their own sight—notwithstanding her Majesty's royal bounty in allowing more horsemen for their relief, than had ever been given before in time of peace. Whereupon after each had answered for him self, and after some "reciprocall objeccions and expostulacions too and fro, for divers reasons by Sir William Bowes and me alledged," partly from their own honourable dispositions, but chiefly in obedience to her Majesty, they were thoroughly reconciled, with protestation to assist each other's Marches when needful, and no wise hereafter to lend ear to the misreports of "scycophantes" doing evil offices between them. So having stayed here—Sir Robert Carey one week, Lord Eure "twayne," much feasted by Lord Scrope, and conferring together "in most kinde manner" for the good of the service, to the great joy of the people, they departed to their own charges to execute the directions given and to be sent from hence.
Concerning Lord Scrope and Mr Richard Lowther, with some matters touching the Grahames: though Sir William Bowes had made known her Majesty's pleasure to all of them, yet as any came to me I did the best I could, but found them all asserting themselves guiltless of Lord Scrope's charges. Yet my exhortations were not unnecessary, for I perceive "aliquid nescio quid" between his lordship and Mr Lowther, "which I wish were not onely cutt downe now and then, but pluckt upp by the very roote . . . But trewe honour and pretended innocencie, are thinges very resolute alwayes, and sometimes somewhat obstinate."
The Carletons, especially Thomas, Lancelott, and Anthonie, "are entred into a deepe and daungerous course," if the reports to Lord Scrope are true, which are vouched by others to Thomas's face, and deposed against the rest before her Majesty's commissioners and others. "Albeit the deponentes (I wote not by whose practise) would afterward fayne reverse their former informacions," my Lord Scrope does not doubt them, and he will "certify upp" before long, if promises are kept to him.
"The Grahames are (as it is knowen) a great surname of half broken men," not so able to serve as they have been: yet not to be lost, if they can be kept in reasonable terms, till this frontier is revived and better settled, lest they "leape out, and become lawlesse."
It were dangerous if this "corner" but wanted their help: more dangerous if they joined the enemy against Gilsland and Bewcastle, which countries are "brought upon their knees already," and a little less assistance, or a little more resistance would utterly overthrow them, to the peril of this March in my opinion, "who see not farre."
Sir William Bowes and I with the lord warden's privity, thought best, till proofs are more sufficient against them, to take the Carletons and some of the chief Grahames bound with good sureties to appear in person (on 15 days' warning at their houses) before the Privy Council, or those appointed to hear them, to answer all charges—which bonds may percase keep them in bounds of loyalty to the Queen, and duty to the lord warden, who used us very honourably while here, and deserves more thanks than her Majesty hath been pleased to bestow on me undeserving; though I confess that such gracious acceptance of my simple service, hath been and shall be to my singular comfort and encouragement.
We have written a joint letter to the Lord Treasurer, with "the some of our whole negotiacion," and sent his lordship a copy of the treaty, purposing to send a special messenger with the originals (so soon as I return to my house) "which wee would not hazard by post." If it be not all answerable to her Majesty's expectation, "I hope it will be considered that our opposites are a people at whose handes wee cannot obtayne what wee would desier, but must take what wee can gett."
We did the best we could, specially Sir William Bowes, who would have sooner gone to the King, but we could not spare him till the treaty was concluded. Seeing also the Scots commissioners (as they often told us) were determined not to stay after he left; meaning doubtless he should have no audience in their absence. Having thus troubled your honor longer than haply becomes me, and desirous in convenient time to hear from the Lord Treasurer or your honor, what acceptation is given to the treaty when it is sent up, "I betake your honor to the grace of God." Carlisle. Signed: Tobie Duresm.
2½ pp. Addressed. Indorsed. Wax seal: Mathew's arms.
626. The Commissioners to Burghley. [May 7.]
We have accomplished the treaty of the Border causes with all the diligence possible, though not to so great advantage to the realm as we desired. Yet we have revived articles of former treaties discontinued, supplied many old defects, and made new ordinances. Slaughters we were forced to leave as they were (the Scots protesting they could not under their instructions, deal with them); but we trust as the punishment is left to the princes, her Majesty will so consider the same, that it shall be found far better "that wee have left that article at large, then if wee had condiscended to any meane degree of correccion for so barbarous actes . . . specially by Bucklugh, who is flagellum Dei to his miserablely distressed and oppressed neighbours."
None of the Scottish wardens (save the Laird Johnston in some sort) have obeyed the order on the wardens of both countries to attend and deliver all persons billed or fyled for offences since the day of our first meeting at Berwick: whence we despair of the ordinances now concluded being observed, unless the princes are pleased to put more pressure on the wardens to submit to this commission, and afford a lesson of obedience to those in their charges, which we hope your lordship will further with her Majesty before the middle of next month at latest, for the delivery of pledges is to be the last day of same month—and on this "the very life of this whole service will consist."
At the end we were vehemently urged by the Scots with the bill for the roade divers years ago made at Fawkland, and the other for an old intrusion by the Grahames in sowing and pasturing, "a great quantitie of Cannabie holme supposed to be Scotish ground." We could not avoid a show of satisfaction, but have set both over, the one on such persons as are not able to satisfy the complainants, the other to be answered in such sort, as we think they shall gain little by it.
It may seem strange that Mr George Younge did not sign with the rest. Though he was very loth to finish it as a perfect act, he only pretended some variety in the sense of the words and phrases in our English and their Scotish copies. Whereon it was moved that the whole should be drawn in Latin as indifferent to both nations, which we did not gainsay. But have sent the English copy signed by our three hands, for Sir William Bowes' signature in Scotland, there to be delivered to them, as they have signed the Scotish copy to us.
We thought it best to agree to the treaty such as it is, than either end with no present conclusion, or be driven to further meetings. We hear by "eare witnesses of good creditt," that divers insolent broken borderers of the greatest clans, both combine to defeat the negotiation, and openly say that the pledges "will not enter for King nor Keisar." We greatly fear the effect of this, except through Sir William Bowes these malignant humours be met with, and Cesford and Buccleuch be removed or suspended from their offices,—"which were all in all, but yet a matter rather to be requested of God, then expected of the King, for ought wee can learne."
Meanwhile we have sent to our wardens (as the Scots have promised to do to theirs) a precept, whereof the copy is inclosed, with an English copy of the treaty, the original of which shall be sent by express messenger, along with the verdicts of the juries of the East and Middle March gentlemenin one book, and of this March in another.
We find the state of religion not so fallen away (God be praised) as in the other northern parts, yet have small hope of conformity in the ill affected, who cannot be got to attend before the ecclesiastical commission in any reasonable number. But on advising with the Bishop of Carlisle and Lord Scrope, we find they are ready to proceed against them more strictly than heretofore, at least all the wilful and obstinate are made answerable personally. But who they are, and other circumstances, shall be particularly certified when the other books are sent.
"Uppon th'Assention daie wee had heere a generall communion, whereat most of the gentlemen in this dyocess of Carlisle of any qualitie, and many of their wyves, did communicate in dewtifull manner (which was more then wee loked for)—a good demonstracion of their obedyence, specially of the better sorte."
[The Carletons' and Grahames' bonds suggested as in last letter.]
This commission being of such importance, imperfections and errors may have escaped us, which men of better experience would not have committed. But we have no other excuse but to fly to her Majesty's gracious favour, craving the good acceptation of our mean service, better intended than performed. Carlisle. Signed: Tobie Duresm., F. Slyngesbe, Jo. Benet, Cl. Colmore.
3 pp. Addressed. Indorsed. Wax seal: Mathew's arms.
627. Scrope to Burghley. [May 7.]
Having had no answer to my late letters sundry times to your lordship, I fear you have heard some sinister report—which if it please you to notify that I may purge my self of all slanders, I would take it for a great favor. I inclose such news out of Scotland as I have even now received, praying you to accept of them as the best I can get. Carlisle. Signed: Th. Scroope.
1 p. Holograph; as also address. Indorsed.
Inclosed in the same:—
(News of Scotland.)
"This newe man of Ireland" has had such credence, and been so well received welcomed and intreated at Court, that he has been knighted by the King's own hand—and avowed his homage and service to the King before all other "wordlie" princes. It is greatly suspected he shall be a resetter of the "Spaynyerdes" as a Catholic, and sundry "suspect" men have been dealing with him by his Majesty's speciall foreknowledge and oversight.
Although Buccleuch was accused to the King by Mr Bowes, and the matter "devulgate" to the Council, and made more odious for the fire raising, yet his matter was so quickly "refyned" beforehand by his information sent to some of the best councillors, that when it came to "voitinge," it was found that his last invasion of England was just, for "repeticion" of goods stolen a short time before, and the slaughter was but of special malefactors, enemies to the public weal and quiet of both countries. By the fire, there was no injury done to any persons living, but only to the house of thieves and robbers. So when he understood the matter was so well debated, he came himself so "previlie" that he was come and gone before the ambassador knew—spoke with the King, "and soe obteyned his favorable countenance, that they lawgh a longe tyme on the purpose." And he avowed in the King's presence, that if any such "accedent should change agayne," he will permit no Englishman to be taken prisoner, except by sword point "in remembraunce of the Quene of good memorie."
A Spaniard is lately come from Callis showing how that town is repaired. He comes to know the state of this land and Ireland, and the most fortified places of England, in case their navy come, and whether it shall be better to land in any of the three kingdoms "expreslie." Our Catholics have had merchants "exploraters" in England and Ireland: I shall advertise hereon "efter."
There is great division among the "ministers"—the one half holds the other in such suspicion, that "scisme" is like to prevail, "and the King hath no uther thinge in his thought these 2 monthes bygone, but studies perpetuallie upon bokes of antiquitie and new inventions of Inglish men, written against those who crave reformation. He is so affected to have soveraintie generall in his kingdome, as the Quene of Ingland hath; and the Quene of Scotland is carefull of no other thinge, but to danse and sporte."
He intended to have begun his journey to Dundee on the 6th of this month, but he was asked to remain till Sir William Bowes came. "And he is come nowe this morninge at 4 howeres, and the morrowe which is Saterdaye, he will speake his Majestie." I hear there are to be new informations given in against Huntly at the Dundee convention to hinder his receiving,—but he will answer "that he neither received these lettres nor speake with the messenger." The whole body of the ministers will object to his being received there, but only by the 4 ministers of Edinburgh, by virtue of two general acts made by them in their general assemblies. The King will object there was no equity at the making of these acts, for two causes—one, that Huntly is no parishioner of Edinburgh and should not be received by any minister there—the other, that these acts "(if any such be), for he will have ther boke produced, which they will be loth to doe—were maide beside the knowledge and consent of his Majesties commissioners, and therfore ought to be voide. The eschewe of thes matter most be refered to the owne place."
1½ pp. Written by Scrope's clerk. Indorsed by Burghley's secretary.
628. Eure to Cecil. [May 10.]
In answer to your letter, with her Majesty's pleasure to know my opinion whether horse or foot are most necessary here: as the "open and large passages of this Marche" cannot be defended with a small number of either force, I think that 100 horse in addition to the 80 already here, joined with 100 foot to be allotted to Lord Scrope, would reasonably serve to defend and punish offences as committed, "and strengthen the sheilders for this sommer season." Bewcastle and Gilsland to have the foot, "Ridley his sheildes" and Tindale, some part of the horse, and Redesdale sheilds the rest. In these three places at least three score horse a piece, "not unnecessarilie," and 50 foot in each of the other places: as occasion serves joining together for offence and defence.
Thus I have delivered my simple opinion, lamenting that her Majesty's treasure should not be "spared for mightier enimies." Hexham. Signed: Ra. Eure.
1 p. Addressed. Indorsed. Wafer signet: quartered shield.
629. Scrope to Cecil. [May 14.]
I send such advertisements as I have "even now" received from Scotland, and am not a little comforted by the "assurence of your love, by your honorable lettre." I pray you make my lord your father acquainted therewith. My service, small though it is, shall be always at his commandment if he pleases. Carlisle. Signed: Th. Scroope.
1 p. Holograph. Addressed: "To . . . Sir Robert Ceicill knight, chief secretary," &c. Indorsed. Wafer signet: faint.
630. Scrope to Burghley. [May 14.]
Now that all the commissioners on Border causes have gone home, I have thought good to acquaint your honor with my answer made to them "to the earnestlie called upon" bill of Liddesdale, as may appear by the inclosed copy. I shortly expect my servant from Edinburgh with news, which if worthy shall be advertised. Carlisle. Signed: Th. Scroope.
½ p. Addressed. Indorsed.
631. The Bishop of Durham to Burghley. [May 14.]
I send your lordship by the bearer my servant Symon Comyn "(whome I send therefore of sett purpose)," the two originals of the late treaty, one in English, the other in Scottish.
We sent an English copy by post with our common letter of the 7th, with the sum of our service—to which may be added that Sir William Bowes is fully armed as to Cesford and Buccleuch's outrages, and with a reasonable answer to the King's demand for his five principal fugitives. The copy of the demand and our reply is included, lest haply you have not seen them.
The messenger has also two sworn verdicts to deliver your lordship, viz., of the East and Middle March gentlemen in one book, and for the West alone in another.
I humbly and earnestly beseech your lordship to peruse them both with convenient speed, especially that of the East and Middle: "wherein I discharge my conscience that am the pastor, upon her Majesties conscience who is the supreme governour under God; and upon your owne conscience, who are a chiefe magistrate, counseller, and director, under her highnes, that all proctract of tyme and partialitie sett asyde, that poore unfortunate flock of myne throughout Northumberland, whose soules are committed to my charge in a sorte (in that behalfe the moste woefull minister in all this lande), but the bodies and gooddes of them all and all theirs present and to come, wilbe required at the handes of prince and potentates, in case that, after this certificate made and exhibited, they shalbe suffered to be still tyrannized both by the Scottishe enemie most savage and barbarous, and by certaine Englisshe commaunders cowardes and covetous. Wherfore, good my lord, imparte this important cause to her Majestie and Counsell most seriously and tymely, aut nunc, aut nunquam, and that thoroughly to be redressed or not touched at all: being better (they saie) not to move the humour, then not to purge it well. Let one saie Amicus Socrates, "another Amicus Plato, but saie you, magis amica Veritas. It is Gods cause, and should be most favored and furthered by the best.
"Nowe albeit the Middle Marche be in the most pittifull case, and as it were umbilicus morborum et malorum: (Humiliatio tua, vel depressio tua, erit in medio tui, saith the prophet Micheas, c. 6. vers. 14) yet thother two be not voide of great and sundrie evills, as by the said severall certificates will easily appeare. My lord Scroope is verily a right honorable person, of a depe witt, of a noble and liberall inclinacion, but so secrett and sole in his intencions, as some doe holde him overjelous. I thinke him the more suspitious, for that the maters fallen out first betwene his lordship and Mr Lowther, then betwene him and Thomas Carleton and his brethren, as also with the Grahams, have forced him to more warynesse and lesse credulitie, yea lesse affabilitie, then his owne disposicion dothe leade him unto. Neverthelesse, I would your lordship (who hath a great power over him, I knowe) could persuade him to make choyse, if it were but for a tyme, of some deputie warden and constable of the castell—first, quia væ soli, and then because in comparison, anie officer thoughe muche imperfect, were better then none; by the generall maxima: Ataxia tolerabilior est, quam anarchia. Of the Carletons and Grahams, I have somewhat discovered my selfe to Mr Secretarie in my late lettre to his honour from Carlisle, concerning my parte in Sir William Bowes ambassage to the King of Scotland. In a worde: so longe as the controversies hange undecided betwene his lordship and them, he shalbe the more dishonored, they the more emboldened, her Majestie the worse served, and consequently the countrey the worse assisted, and the Border of wickedness (as Malachie speaketh, c. 1, vers. 4) the weaklier encountered. The warden of the East Marche doth want (as I heare) authoritie to kepe any warden courte: which if it be trewe, is a sore impediment to the administracion of justice both against the opposite theves and murderers, and against the offendors of this nation; whome nothing can conteine but feare and terrour of death. And were not Berwick a good stronge wall, thEast wolde shortly be in as lamentable condicion as the Myddle Marche, Cesford doth so rule and raigne therabout.
"Howe religion standeth, or rather falleth, upon the frontyres, maie appeare by two severall extractes, which your lordship maie be pleased to receave herewith. Manie reasons maie be rendred thereof: amonge the rest these:—
"Diverse preachers, under pretext of danger to their persons, and some throughe a carelesse regarde of their conscience toward their flockes, besides other out of a continuall corruption of their patrons, turne residence into absence, wherby the people are almost totally negligent and ignorant of the truthe professed by us, and so the more subject to everie subtill seducer." The High Commission ecclesiastical is of late so abridged of former authority, that every cunning Papist takes advantage of the defect, to our disgrace.
The statute confining recusants within 5 miles of their own houses, makes them so often sought for, that they are never found at home to answer a summons.
The doubtfulness of the statute for 20l. a month, by whom, for whom, "(yea in some places to whome)" it should be paid, how certified up, and how to be lawfully levied, breeds great confusion in the executors of law, and many evasions by offenders.
The "disuniformitie" in these northern parts, the obstinate some times enlarged, elsewhere restrained in liberty, is very prejudicial to religion and reformation of disobedience—the flexibility of some condemning the severity of others.
The letters of great persons easily obtained and used as a supersedeas to the great seal, forcing the commissioners sometimes to apologize for their doings, or reverse the same, or contest with councillors of high degree, and others in authority, "is a shrewd dilemma at these daies," but that her Majesty is most gracious and the body of "that prudent senate most honorable." The sudden searches wont to be made in many places at once, are now discontinued, and dangerous persons openly threaten violence to those attempting to seize them. Many more might be added, but these are enough. The Bishop of Carlisle promises to join with me in calling home non-residents, and some other material points agreed on between us, under her Majesty's instructions. Beseeching your lordship to credit the bearer in some other things he hath from me. Bishop Awkland. Signed: Tobie Duresm.
3 pp. Holograph; as also address. Indorsed and noted by Burghley. Wax seal: Mathew's arms.
632. John Carey to Burghley. [May 16.]
That he has given up desiring leave to come up on his own business, seeing her Majesty's pleasure is otherwise, and has managed it by other means.
It is the common report in Scotland that Sir William Bowes has demanded justice at the King's hand with the alternative of war. Before such extremity, he could have wished to declare his opinion "like a fooles boult," soon shot—yet would have saved her Majesty 10,000l, and her honor also. "A warr is soner begon then ended, and our forced enemye seinge no releif, will torne againe, and be desperate." Discharges his conscience in saying this, which his lordship will reject if he speaks foolishly, though it is well meant.
Begs him to remember the half year's pay at Midsummer, that it may be made sooner than usual, and Mr Shepperston dispatched accordingly. Berwick. Signed: Jhon Carey.
¾ p. Addressed. Indorsed.
633. Scrope to Cecil. [May 16.]
I have written at large to your honors of the Council touching the proceedings before the commissioners here in the matters against the Carletons, wherein I desire as heretofore your honor's speedy furtherance; for it is now time for the country's good (the Carletons living in manner as outlaws), and the safety of my own honor which has hung clouded and in suspense, that the business be finally determined. I will not trouble you with repetition of any thing in my other letters. Carlisle. Signed: Th. Scroope.
½ p. Addressed. Indorsed.
634. Scrope to the Privy Council. [May 16.]
Now that the commissioners have finished their principal business and departed: in obedience to their request, I send inclosed the examination of the matters against the Carletons, and the proceedings therein, intreating your patience for my "largenes," being desirous to satisfy you in all particulars. The Carletons when first summoned by my lord of Durham, came not: but when sent for secondly, with assurance of safe coming and going (which methinks was too much), they came and were well intreated by his lordship, but he was so pressed with his business with the Scots that he had no leisure to examine them. But watching opportunity, I twice specially urged him to it—once at 6 o'clock at night, "when suddanlye entringe into the matter, ther comes a poste to his lordship from London," which stopped him going further; and another time at my own house, when I entreated him to have the witnesses brought "face to face" before him, which he thought not convenient, but he took Thomas Carleton's examination. So the time was "tryfeled" till the Scots commissioners sent for his lordship, and he would have gone, but I told him "he used not the beste indifferencye to me," unless he confronted the witnesses together—whereon he made the examinations, which I sent your honours before to be read, and some of the witnesses justified the same before Thomas Carleton upon oath—saving that Andrew Grame hearing his confession read (taken as you may see before me and "my brother Carye"), he denied the truth thereof, and Armstrong seeing this, though he once confidently confirmed it before the commissioners, he began to draw back too, though they both still confessed that voluntarily and severally they had delivered the same things to me and Carye, which are the same in all points, as those now with your honours, signed by the commissioners' hands. Armstrong also affirms, that when I first read Grame's confession to him, he not knowing whose it was, said to me, "none but that traytor Grame could have tould your lordship that, for no Englishman knewe yt, but he and I, he houldinge Brackinhills horse, and I Thomas Careltons horse." Now to show your lordships the cunning means how Grame comes to disavow his former confession, his wife is a near kinswoman to Brackinhill, and she made her husband believe that the Carletons had such friends, that when he had done all he could, they should be in no danger and they would "wreake" him and his out of the country. When I charged Grame with this, he said "I had sayde anoughe to your lordship before on my othe; and I might dissemble a little nowe, urged by my wiffes pollecye;" and of this (if your lordships please) you shall be fully assured. My lord of Durham grew weary, and would give no more time for those particulars. Yet your lordships must hear how Thomas Carleton wrote to his lordship "that daye that his lordship did celebrate the holye communion, that by the holye sacrament which the saide Carleton had taken, if he spoke with George Sibson Scotsman since Easter last was a twelmonth, he was foule of all that was layd to his charge, and if that coulde be proved againste him, he wolde becomme gwiltye of all thos crymes": which I took hold on, and pressed that I might make proof of it. But first, he denied "boddye and soule" if ever he wrote or said so, "wherat my lord of Durham grewe in rage, and sayde he now beleved all was trewe that was objected againste him, since he denyed what he spoke in his owne presence, and had offered to take yt upon the sacrament." And I urging Carleton to stand to the point, having witnesses ready—first, he "excepted" the Bells and many more, when I told him they should be only men of the country, whose honesty he could not but admit. My "brother" Bowes, seeing I could not make him stand to it, told Carleton "his matter was badd," and he had better submit himself to my mercy: so my witnesses lost their labour. Your lordships may further understand how the Carletons and Brackenhill got up a libel against me to the gentlemen of the country appointed to inquire into the decay of service, whereof a copy was sent to the Scottish commissioners, who marvelled that such men durst so audaciously oppose themselves to "a man of my place!" but I made them deny every word of it before the commissioners "by mannifeste prooffe to the contrarye in their faces." And the poor men that signed it, denied on oath before my lord of Durham, that they were privy to any such writing, but always found me ready to assist them as far as I could: and if your lordships still doubt the other "premises," I could procure Buccleuch's own hand to testify to most of them, so that they may receive their "gwerdon." And I only hope the matter may receive your lordship's early decision, with which I shall be content, whether you favour them or not, so long as it is for the good of the country.
Some of the Grames were very inward with the King when he was at Dumfries, I fear to no great good. In Lord Wharton's time, the custom was in "dangerous tymes," they laid in pledges at York, which if done now, would "breade greate quyetnesse: but I leave yt to your honoures to thinke upon." A friend in Scotland promises "to gett oute the misterye of that matter." Desiring speedy answer and a good end in the premises. Carlisle. Signed: Th. Scroope.
2 pp. Closely written. Addressed. Indorsed: "16 Maij 1597. . . . Recd. at Greenewich the 21 of the same."
635. Simon Comyn's Instructions. [May 20. 1597]
Instructions given by the Bishop of Durham to Mr Symon Comyn his servant, to know my Lord Treasurer's pleasure.
Under five heads:—
First.—Whether the late treaty should be ingrossed on parchment interchangeably under all the commissioners' hands and seals, to be further exemplified and confirmed under the great seal of England, as hitherto has been the custom—and if it shall be turned into Latin?
Second.—Whether the bishop may give copies to the wardens as it concerns their office?
Third.—To write letters before the middle of June next, directing them to execute their parts therein.
Fourth.—To know what farther service the bishop can do, and if the same is ended under the treaty or not?
Fifth.—For his allowance 6 days coming and going to Carlisle in March: 30 days "to, fro, and at" Carlisle in April last, and May instant, at 40s. per diem, 72l.: the like to Mr Slingsby and Mr Dr Colmor—and what benevolence his lordship will bestow for "this my jorney hither by post and back agayne"?
1 p. Indorsed by Burghley: "20 Maij 1597. Simon Comyns memor. for the B. of Durham."
636. Eure to Burghley. [May 21.]
I received "late by the slownes of the poste," your letter of the 13th instant, acquainting me of an information preferred to one of the Council, "detecting me of my misdutie," in defrauding the soldiers of the Queen's pay, and advising me to return an absolute answer.
Beseeching your lordship I may be "tryed with touchstones of diverse natures," to prove my truth against traitors, I send your lordship under my hand, the names of each private soldier of the 80 horsemen, protesting that I have comforted them out of my little store this dear year, divers having left the service not able to find themselves on the Queen's pay of 12d. a day,—whereby I have not gained, yet cannot lessen the number, the country so little loving me, and my authority "so mightelie contemned." I crave your pardon not asking any here to join in the certificate, for two reasons—first, that the informer may try to prove his charges by independent inquiry without my interference; and second—the men named cannot conceal the truth of their pay when privately examined. The inclosed list is for last month, but I have a book for a twelvemonth with the same or rather more men, replacing removals or deaths—and have paid divers 18d. a day besides the captains' fees. I crave earnestly to be tried face to face with the informer before the Privy Council, and would also remind you of my old suit for removal, seeing this malicious course so long persevered in against me endangers my credit. Hexham. Signed: Ra. Eure.
Postscript:—I pray your warrant to Mr Skudamoure for a month's pay due these 80 men since April last.
1 p. Addressed. Indorsed. Wax quartered seal.
Inclosed in the same:—
(List referred to.)
The names and surnames of the 80 soldiers paid the last month ending 16th April "97" by Sir Ralph Eure knight Lord Eure &c.
List of 77 names, including Bulmer, Bell, (2), Trowlopp, Hall (10), Fenwick (7), Grame, Heron (3), Errington, Shaftoe (2), Ridley (2), &c.
I have allowed 3 leaders monthly beside the captain 18d. per diem making 1½ man more, and the full number 78½—and to three men not enrolled but "secrete to my selfe, which are guides and purpose makers, 12d. per diem," making the whole number 81½—"and this of my honour" is true. Signed: Ra. Eure.
1 p. A broad sheet. Indorsed by Burghley's secretary.
637. William Selby's Reply to R. Musgrave. [May 24.]
Reply of William Selby comptroller of the ordnance &c., to the answer of Richard Musgrave master of the ordnance, &c., made to the information of the said William Selby to the Lord Treasurer, &c., as to the survey and comptrollment of her Majesty's munitions under the charge of said Mr Musgrave.
1. Officers are not bound to deliver copies of their instructions. But I delivered the instructions to Lord Scrope and Mr Musgrave to read at leasure, as they did, and lord Scrope's secretary made two copies, giving Mr Musgrave one, as he told me.
2. I marvel at his denial of hearing me intreat Lord Scrope for a roll of the cannoneers, as he was present and could not but hear it. And his own report of Lord Scrope's answer proves it.
3. To his accusation, that malice moved me to procure his disgrace by this service, I answer that I always lived with his father and himself in friendship, till now, that he "maliceth" me only for executing your lordship's orders, where I gained nothing but a painful and fruitless journey at my own charge in the hardest time of year. He does ill in taking matters in this "chollericke" manner, for he gives suspicion of his demeanour in office, whereon I would gladly have reported favourably otherwise. I wish he were more thankful, for I trust he will not deny I was his only mean to his father to procure him the office.
4. I still say that a master gunner and 7 cannoneers are enough, if skilful, to manage any cannon at Carlisle fit for service.
5. He rode out of Newcastle before daylight the day after I arrived, before I could send him the copy of my instructions, which he demanded under my hand, though he had one already from Lord Scrope's secretary. His excuse about the keys is a quibble, for the officers have possession of them and can use them indifferently.
6. His excuse for not showing the munition at Berwick that the days were short and pay-time near—was a "cavill." I said the pains were mine, it was 14 days to the pay, and what I had to do might have been done in three days. [General denial and explanation of Musgrave's assertion that Selby refused to sign in a fury.]
7. [The great necessity and importance of a yearly view and controlment shown.] Signed: Will'm Selby.
4 pp. Large broad sheets. Indorsed.
638. Eure to Burghley. [May 27.]
I received your letter of 23d this day, reminding me to answer the four articles somewhat touching me and my officers, in the certificate by the gentlemen jurors on the inquisition delivered them by the commissioners for reforming disorder on the Borders. I would humbly and most earnestly crave to be allowed to make answer before your lordships in person, to all such charges since my entrance on office. In my last I certified you of the soldiers "by head poull" who were paid, showing I am no deceiver of her Majesty in such accusations made. Whereas the gentlemen's certificate complains of default in the number—and that they are dispersed in the country, some under Raphe Mansfield and others besides myself, I can only answer briefly (wishing I might do so in person more largely) that the dearth of corn, hay and grass, indifference by some gentlemen of great name and descent to the Queen's service hindering it, caused divers Yorkshire men not able to maintain themselves on the pay, to leave the band, in whose rooms some of my own servants and others of the country were placed; and other reasons which cannot be more fully set down to your lordship.
The exceeding great fines taxed on my tenants, will show your lordship reason for my proceeding, "craving respette for presente aunswere," whereby my good intendment and their voluntary proffer, "for theire good ease enryching them selves to the better service of her Majestie, the good of the countrie, and not myne owne profitt."
I am grieved thus to be pricked "with small thornes of hatred," and it galls my mind much more, that the losses of the country are so little cared for by the gentlemen of the Marches, and private malice so cherished and pursued, as your lordship will see by their delaying to certify the losses of the country in 36 years, though often required to do so, yet burdening me and my officers, who have not served two years there!
I humbly beg that Mr Henry Woodrington and any others of the jury your lordship pleases, may lay open all the griefs of their country by my means procured, and due punishment to the defaulter in them or me may ensue, so that the country may hereafter flourish, and I shall "joye" though removed with their good. Hexham. Signed: Ra. Eure.
1 p. Addressed. Indorsed. Wafer signet: quartered.
639. Scrope to Burghley. [May 27.]
I send your lordship such news as my man has "newly" brought from Scotland. I received your letter, the conclusion whereof has banished all fear out of my mind, where you assure me of your honorable opinion of me,—the only thing I desire.
"I am determined presently after the terme, to send for Emanuell, whoe shall do his dutie to your lordship, as he cometh: where (if it may stand with your lordships liking) he may see the yonge gentlewoman: for now presently after midsumer, he shalbee fowrtene yeere olde, and then at the yeeres of consent; wher I meane to bring him up with mee presently after the Assises, not douting but by your lordships good meanes to optayne leave for my coming up, and then to conclude with your lordship, and to goe thorow with the mariage, I hope to the contentement of all parties (if it stand with your lordships good liking to have it soe)." Carlisle. Signed: Th. Scroope.
1½ pp. Holograph; as also address. Indorsed. Wafer signet: quartered.
640. The Bishop of Durham to Burghley. [May 27.]
By your letters of 13th and 21st May instant, I perceive, "to the speciall comfort of my selfe and my associates," that you approve our late proceedings, and give us hope of her Majesty's gracious allowance therein—also you have received our common letter of the 7th instant with my particular letters sent from hence by my own servant on the 14th of same, with the originals of the treaty and other books, &c., therein specified. Though it has pleased you to vouchsafe me a particular answer to each point in my letter, yet under your correction, I cannot but marvel that my Lord Scrope imputes to our lack of leisure, the full hearing and ordering of his differences with Mr Lowther, Carleton, and the Grahams, rather than to the "unreadynes" of some of the proofs which (as he often alleged to us) he hopes hereafter to produce to charge them with more deeply: unless (as some suppose) he had rather such causes should be reformed by others than us: or a hindrance to proceeding with the Grahams, was caused by the absence of one or two of their chiefs, who were "convoying" Sir William Bowes into Scotland at the very time we could have discussed their matter. We could never understand from his lordship or Mr Lowther what the controversy between them was: only it should seem some unkindness given by the one or taken by the other—but if he had called Mr Lowther to answer before us, our business was never so great, but we could and would have found time to examine, and either mediated it there, or advertised up where the default lay. However it was, Sir William Bowes and I did our best to persuade Mr Lowther "to carry himself every waie respectively and duti fully towardes his lordship, as a noble man, a great officer there, and one in speciall grace and favour with her Majestie: which was all that we could doe, or should as we thought be loked for at our handes."
His charge against Thomas Carleton will appear from the examinations before us and others at Carlisle: which my lord himself said he had sent up before our departure thence, and seemed loath the matter should be ended there, but rather thought it should be pressed elsewhere—as I myself also think, if those crimes prove true, that are "suggested" and partly proved against him. I partly certified this to "Mr Secretarie Cecyll" in my letter to him on the 7th from Carlisle: so that Lord Scrope has no just pretence "to laye the unfinishing of his matters upon us the commissioners."
According to your direction, I have drawn out and sent to each warden the articles of the treaty which concern them, being the whole treaty except the preface, the 1st, 2nd and last articles, as the inclosed copy letter to each will show your lordship. I have also written to Sir William Bowes how necessary it is, that he "seriously and peremptorily" insist with the King or council for such particulars as are shortly to be "putt in ure," and advertise direct to Court, that instructions may be issued to our wardens accordingly. Besides this, they must be instructed how to proceed before the 10th of June, as to interchanging rolls—before the last of same, as to the fugitives—and before 1st July for delivery of the pledges; as your lordship has set down "according to the severall articles well noted and nombred by your lordship." If any difficulty or doubt occur "before this come to your lordships hands, I think Mr Doctor Bennett chauncelor of Yorke will be in London, ready . . . to solicite whatsoever may further th'expedicion of this her Majesties service, wherein as he toke great paynes and stode us in very good steede, both with his learning and with his diligence, during all the time of our being at Carlisle vidz t. thirty daies, so doth he hope your lordship will favourably make him allowaunce of entertaynemeut as one of us, the rather for that it appeareth by a schedule of instruccions and resolucions delivered to Sir William Bowes, under the handes of sundry the lords and others of her Majesties most honourable Privy Counsell, that regard should be had of Doctor Bennettes journeie and charges, &c." Thanking your lordship for the reward to my servant for his late journey, more a great deal than I could expect or he deserve. Bishop Awckland. Signed: Tobie Duresm.
2 pp. Addressed. Indorsed. Wax seal: Mathew's arms.
(Form of letter.)
Sending the warden of each March the extracts of the treaty—with instructions to acknowledge the receipt to Lord Burghley and the commissioners. Bishop Awckland, 27 May 1597. Subscribed: Tobie Duresme, Clement Colmor. (fn. 2) "A trew copie: T. Duresm." Addressed at foot:— "To the Lord Eure."
½ p. Indorsed by Burghley's secretary.
641. Eure to Burghley. [May 28.]
I signify to your lordship "my dutifull affeccion and respect I have and owe" to you, beseeching you to accept and interpret my actions "accordinge my true meanynge."
While Sir John Forster was warden, he got a patent of the stewardship or "balywycke" of Bywell lordship, appointing for his deputy William Shaftoe, who was removed by me from office for his evil behaviour, and with Sir John's consent, I placed Cuthbeart Ratclyffe there, "a true gentleman for theft or favouringe of theft," the fruits of which by God's blessing the bishopric has tasted. But the envy of the factious against me for detecting the former officer their kinsman, worked the grant of Sir John's patent to a servant of yours Mr Ambrose Dudley, upon surrender to renew the same in his own name. Who undertaking it (as I was given to understand) and as I think not meaning to support "that factyous humor," I wrote to him and also to Mr Wyndybancke, requesting that upon a reasonable consideration to Mr Dudley, her Majesty's grant might by your favour be resigned to Mr Ratclyffe, and I would see the consideration satisfied on my credit—thinking without acquainting you, that the gentleman would have satisfied himself of your favour and receive a competent consideration. On his getting the patent, I proffered the like, still refused—and after your letter of 15th May, received at Mr Dudley's hands on the 26th of same, in the presence of divers gentlemen, I offered him the "worth" of it by view of any gentlemen he chose.
My reasons were—Mr Dudley lying in the county "palentyne" of Durham, away from the service, and I holding it good policy to comfort well affected gentlemen, laboured to satisfy him to Mr Ratclyffe's content, though to my own charge. If these reasons seem good, vouchsafe me your letter to your servant, advising him to this cause; if otherwise, I submit myself, hoping you will receive my simple opinion as for the good of the Queen's service, not against any belonging to you. Hexham. Signed: Ra Eure.
¾ p. Addressed. Indorsed by Burghley's secretary: "27 Maij 1597 . . ." Wax seal: quartered, good.
642. Scrope to Cecil. [May 28.]
I have advertised my lord your father, with what success "my brother" Bowes has met in Scotland, who I assure myself will make you acquainted therewith. "So farr as I could understand what jarr hath bene betweene the King and the minnisters," I send hereinclosed, which if you think worthy, make your father acquainted with.
I also send inclosed the "vilanye" wrought by Thomas Carleton and Brackenhill, by Andro Grame's wife, to make him deny the truth, but defer writing to the Council till I receive answer of my last letter, which I think came into your hands "a Sunday last." Carlisle. Signed: Th. Scroope.
1 p. Holograph; as also address. Indorsed.
Inclosed in the same:—
"The trewe reasons which Andrewe Grame takes upon his oth, moved him to deny a trouth that he had before confessed: taken before the Lord Scrope lord warden," &c., "the xxviijth day of May 1597; James Hall and Marmaduke Maungie servantes to the said lord, being present: and the said Andrewe is redye to avowe the trouth to there faces when somever he shalbe called.
And Thomas Aremstrange avowes that Andrewe Grame his denying all mayd him deny the trowth; which nowe he is redye to avowe to be trewe when somever he shalbe called upon."
The examinant says that Richie Brayckinhill sent the examinant's wife to him with this message, to desire him to remember how he had betrayed both Brackinhill and the house he came of, and to deny all things touching any manner of felony or March treason: that Lord Scrope might have no just cause to take the "lifes" from Carletons, which denial would save all their lives. Brackinhill also told his wife to tell him that if he confessed that Thomas and Lancelot Carleton were in his company when they met the Lard of Buclughe "he utterlie distroyed both the said Braickinhill, Thomas Carleton and Lancelot Carleton: for the Lord Scrope doth not onely seek the lifes of the Carletons, but as sone as he knoweth the trouth, he will both seeke my life and all my freindes." And Braickinhill said further to this examinant's wife, that it was not her husband that put the Carletons down, but it was himself. Brakinhill farther said that "this examinant had not knowne of the meteinge aforesaid, if he had not put great trust in him, for ther was never one of the name that he would have put trust to, but onely this examinant, and desyred his wif to tell him that he had delte traterouslie with him (and all his kindred) and if that he wold not stand to denyall of all thinges that ever were laid to his charge, that the beife and the bread that the Lord Scrope gave him should not save his life, but he might be assured that he should be cutt as smayle as flesh to pott."
Farther his wife came and called in at a window to him, when he was "boune" to be sworn, telling him that Brackinhill said they had a warrant from the Council to "louse" him. And further he says that Richie Brackenhill was the only man [The paper partly worn away and the remaining 4 lines illegible].
1¾ pp. Indorsed: "Scottishe occurrences."
643. Sir R. Carey to Burghley. [May 29.]
I have to-day received from the Bishop of Durham the copy of the treaty at Carlisle, requiring me to certify your lordship of its receipt. In the first article, they set down that the wardens shall meet soon after Midsummer and mutually show their commissions, taking each other's oath for the due administration of justice. I must be the first to break the article, having no commission to show. And there are so many disorders here for want of authority, that if "an absolute warden" be not appointed, things will grow worse. I beseech you to acquaint her Majesty and move her that either myself, or whoever else she better likes, may be appointed absolute officer. "For my part I am indifferent," only desiring to know what to trust to, and see the country better ordered. Berwick. Signed: Rob. Carey.
1 p. Addressed. Indorsed.
644. R. Bowes to Burghley. [May 31.]
As at the last pay at Berwick for the year ended Michaelmas last, made by my son Raphe and Sheperson, 835l., "&c.," remained due over the yearly allowance of 15000l., as Sheperson can show your lordship, and the Governor and officers now call for the pay, &c., due at the Annunciation of "Blessed Marye the Virgyn," last past, I humbly pray your lordship to give order for the money for the pay at Midsummer next, with your letters to the receivers of York, Lincoln and Northumberland, to deliver the same to Sheperson, that he may bring the money to Berwick, to be there defrayed either by my son as my deputy, or with her Majesty's gracious license, by myself, attending at Berwick, with release from this service in Scotland, for which I have petitioned her—with permission to remain in England for recovery of my health. I also pray for payment of 305l. 10s. sought by Sheperson "for my dyett at 40s. by daye, and for th'extraordynarie sommes diffrayed for her Majesties service here," by the bill and accompt now subscribed by me, which I sent to Sheperson unsigned, "which errour in me (cheifelie in my clark), I pray your lordship to pardon." For the soliciting of these matters, "and th'expedicion of th'allowance of the particulers for the fee farme graunted by her Majestie to me," I have directed this bearer Christofer Sheperson to attend upon your lordship. Edinburgh. Signed: Robert Bowes.
1¼ pp. Addressed. Indorsed. Wafer signet: indistinet.