BHO

Border Papers volume 2: June 1597

Pages 332-355

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

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645. Eure to Burghley. [June 2.]

About the last of May, I received letters from the Bishop of Durham and Mr Doctor Colmore, with extract of articles from the treaty, advising me by your direction, to suspend execution of any service therein till Sir William Bowes reports his present negotiation. I humbly crave further direction, in respect of the order on the warden to exchange rolls on the 10th instant, and certificate of fugitives by the last of same—with the order for delivery of pledges of the broken men before 1st July.

I understand by your last letter, your lordship is acquainted with the loving agreement amongst us the wardens, and that you have had no notice from me: I presume to acquaint you that on 29th April I wrote from Carlisle to your lordship, and could not have been forgetful of it.

I beg your warrant for the soldiers' pay for these 2 months very nigh past, and for their continuance, or warrant for discharge. Hexham. Signed: Ra. Eure.

½ p. Addressed. Indorsed. Wafer signet: quartered.

646. The Bishop of Durham to Burghley. [June 2.]

In answer to your lordship's "most wise honorable and large lettre" of 24th May, which came to my hands on 31st of same: first, perusing the treaty, you find Mr George Young's name not subscribed: this defect was supplied (and I still take it) by the King's express letter of commission, authorizing any three to "conclude in that whole action."

Secondly.—Whereas your lordship notes some uncertainty as to what we have done in regard to byegone offences and redress: it may please you to be informed that both at our session at Berwick, and the "recontynewance" thereof at Carlisle, we took special cognisance of these matters, causing a multitude of bills to be fyled, as the rolls of the Marches remaining with the wardens and their clerks may show. I obtained for my own private use copies of these for the West and Middle Marches, which for your satisfaction I now send to your lordship "hoping ye will remaund them to me" when you shall have received the like or "percase more perfect bookes" from the wardens. I could not hitherto get a copy of the rolls for the East March which be very many, "I wote not upon what scrupulositie or further conceit," but have now written to Sir Robert Carey and will send them to your lordship "if he denye them not to me." We had to leave a great many undetermined, through the sudden departure of the Scots commissioners from Berwick, who pretended as their reason the King's journey to the convention at St Johnstons: but in truth because they found so few bills to "preferre" against ours—so we were obliged to refer them all either to private composition, or to be tried under a form set down in a joint proclamation for both nations on 19th February—the copy whereof we sent you with our common letter of 21st of same—but I now send another (lest it be not readily found) as it contains many particulars for farther execution of the service, and will show that we were careful to provide remedies for future as well as past injuries under the 25th and 26th articles of the treaty and others, whereto I refer your lordship at your leisure. By all which it will appear that though we did not end all complaints, we took order for all that came before us, leaving the rest in such course as must needs take desired effect, under the "good blessing of God, and faithful diligence of the wardens." The horrible outrage in April by Buccleuch hindered the settlement of divers bills on the West March, as the Liddesdales having just cause of fear, came not to Carlisle in this miserable time of dearth.

However the worst of their spoils and herships were filed, though not all that should have been. "But in such a turbulent and violent action, what could thorouglie be done orderly?"

As to the certificates returned by the gentlemen of all the Marches in two books: the answer of the West March is in my opinion of no moment against Scotland, only comprising some few disorders in Bewcastle and Gilsland, which the lord warden may easily reform, so soon as he and his under officers there agree, also himself and the Grames. The gentlemen of the East and Middle Marches utter such great matters, as if true, "Woo worth Northumberland"! without speedy remedy. But few of them touch Scotland so that we could have "implied them with" in the treaty, although "in a sort," we offered so to do. For the rest, consisting of the whole body of our articles and their answers, I see no other way to repress the enemy, strengthen the country, &c., than a commission from her Majesty to such as the Scots commissioners in the 2nd article of the treaty, call a "Counsell of the Borders," or to the wardens, with some gentlemen of good rank (including some of the learned council of York) to see to the present execution of some of the remedies proposed in the said certificates—or at least earnest letters from the Privy Council to each warden, charging him on his allegiance thereto, whatever his own private opinion may be, and especially to "reunite themselves together for necessitie sake, if not for Christianitie." And if this were once soundly and heartily done, and continued, whatever happened to our amity with Scotland, our frontiers would suffice, with a little extraordinary aid now and then, to confront the adversary. But it had been an insolent part for me to dwell so long on this point, unless your lordship had asked my opinion thereon, as well as on the recusants, on which last I will utter my thoughts under correction of graver judgment.

I have found by experience many years in these parts, that lenity does little good, and severity no harm—"that howsoever it prevaile els where, fearefull proceading is here no policie: I could wish one plane course according to the lawes and later statutes, were evenly and firmely followed in all this province: that the penalties were duelie levied aud answeared, yea rather then faile, bestowed upon such as would seek them and sue for them at the verie value of landes and goodes": for the usual rates are but an abuse and mockery of law, and open enriching of the froward if not ungrateful subject, who is as angry for the payment often of a little, as he would be once for loss of all. That no respect be had of wilful and obstinate persons, either men or women, whoever speak or write for them, of whatever "kinred" or service they be. That the Diocesan, especially assisted and advised by the ecclesiastical commissioners, be allowed to proceed uncontrolled according to law, within his own flock "for whom he, not others, must answeare to God."

That the defects of the common gaol in this country be supplied by the use of Brancepeth castle or some like place to receive recusants under government of "some religious discreate gentleman such as is this bearer," with allowance as at Wisbitch or like places.

That husbands though outwardly conformable, may pay for their incorrigible wives 20l. a month for her Majesty's use, without remission. That the ecclesiastical commission be renewed in material points as it was before the late alterations: that warrants "dormant" be granted from the council at York, if not rather from above, to certain of trust to search houses, apprehend persons, and seize unlawful popish books, implements and ornaments, as well by night as by day. That the writ de excommunicato capiendo and execution thereon, run in Northumberland, Cumberland and Westmerland, as in the Bishopric of Durham and elswhere, and the sheriffs and wardens be commanded to see it executed. Lastly, that the Custos rotulorum of every county at every gaol delivery and assize, cause these obstinate persons to be indicted and certified up at his peril. Exception may be taken to some of these propositions, and I may be thought rigorous in offering them; but those or any other that work reformation "shall best like me." But it is intolerable that any subject of the Queen should for 20 or 30 years together, stand out against civil or ecclesiastical authority, and not only withhold themselves, but their wives, children and families, &c., from all Christian subjection to their natural sovereign. The toleration whereof hath been the very bane of religion in these north parts. "I malice none of them, but pittie them all; but I forgett not that an old father saieth Est quædam crulelitas parcens, et quædam misericordia puniens.

I trust none of the noblemen or other counsellours be offended with anie thing I wrote privately to your lordship." I neither so much as named or accused any, I but grieved at heart to see the abuse by the suitors for their letters, of the writers' honourable disposition. I have now submitted my views to your lordships better censure, and promise to recall the non-residents in my diocese, and to advertise such patrons of benefices and farmers of appropriations, as little regard hospitality, and have but cold zeal to maintain the ministry for salvation of souls in these rude and remote parts. The messenger has all the aforementioned books to deliver your lordship, "and somewhat els to impart from me, whereto I besech your lordship to give creditt." He is a gentleman of good trust and well exercised in the Queen's service, as the late Lord President, the now Archbishop of York, myself and others have certified. Bishop Awckland. Signed: Tobie Duresm.

pp. Closely written. Addressed. Indorsed.

647. Offer by the Ellots to Eure. [June 4.]

4 June 1597.—The offers of us Robert Ellat of Readhughe, William Ellat of Harskarthe, Jock Ellatt of Copshawe, "with the haill rest of our freinds that hight (fn. 1) Ellattes," to the Lord Eure lord warden, &c., "and who that hight Ellatt, that Robert Ellatt will excepit, he will advertise his lordship" within 8 days hereafter.

First—Robert offers the lord warden satisfaction for himself and his said friends for all offences by them in his March since he took office, they receiving the like from him.

Second—If they differ as to proof, they submit to satisfaction at the sight of two of England, and two of Scotland—or 4 of either.

Third—They offer during his time to amend any their future offence on his March, on his letter—expecting the like.

Fourth—If commanded by their officer or "maister," they must obey, but whatsoever hurt "beis" done by them or any of them, or what profit they receive, they offer amends on his lordship's letter.

Fifth—We subscribe for performance hereof, or under any securities used by borderers in times past, and bind ourselves under 1000 marks sterling. Subscribed with our hands—Robin Ellatt of Readehughe, William Ellatt of Harscarthe, John Ellat of Coppshawe, Tho. Craike, writer. "Deliverit in the presence of theese underwritten—Francis Radcliff, Henrie Bowes, Raphe Mansfeilde, Edward Gray, Nycholas Whitfeilde."

1 p. Indorsed by Eure: "A coppie of the condicion consented unto by the Ellots of Lyddesdayle."

648. Scrope to Burghley. [June 4.]

I heretofore moved your lordship to continue your favour for a gentleman of this country, William Hutton of Graystocke, as farmer of her Majesty's park of Graystocke in his occupation. He is informed that some have already taken or are about to take, the reversion of another little farm he holds of her Majesty by lease, called Powley, within the barony of Barton in the county of Westmorland, parcel of the possessions of the late Lord Dacres, which was first granted to him for service done to the late Lord Thomas Dacres, and since by her Majesty for 21 years, whereof 6 or 7 are yet unexpired. My desire is therefore to put you in remembrance of my former suit for Graystocke park, that he may continue the same, and also this small tenement of Powley, that he may renew his interest, and continue the Queen's farmer there rather than another. And I do this, knowing him to be a very honest gentleman, ready and able to serve with his people in any "martiall" service when commanded. Carlisle. Signed: Th. Scroope.

1 p. Addressed. Indorsed.

649. Sheperson to Burghley. [June 5.]

That his master sends his letter to Burghley, with a bill subscribed (both inclosed) intreating for 105l. 10s. due on the bill, and 200l. on his diet for 100 days, beginning on 8th March last.

Also prays that the arrears of pay at Berwick, for year ended last Michaelmas, 835l. 6s. 4½d., and 600l. short at last pay on the Annunciation, may be allowed—also order to proceed with the needful works there.

Finally, that his master has sent his several acquittances for the treasure to be received from the receivers of Lincolnshire, Yorkshire and Northumberland, which he is ready to do, and convey the same to Berwick when ordered by his lordship. At the Court at Greenwich. Signed: Christofer Sheperson.

¾ p. Holograph. Addressed. Indorsed.

650. Scrope to Burghley. [June 6.]

I inclose such news as I have even now received from Scotland, that you may see what complaint Buccleuch has made to the King of Lord Eure's rode to Liddesdale,—"which I would have stayed but could not"—and how the King takes it. Carlisle. Signed: Th. Scroope.

Postscript:—I pray you hasten the soldiers for we shall need them.

1 p. Holograph; as also address.

Inclosed in the same:—

(News from Scotland.)

"The Kinge hes heavelye reproved them (fn. 2) for neglectinge ther honorable dewtye of that place, in so far as Buckcleugh his matter once clearelye proved yt was not so well followed foorthe as appertened. And in respect they have graunted syke advantage in that cause, he esteames the lesse of them, and haith reprochit them perticulerlye to ther faces, and haith caused them "be cyted before the counsell for that cause, and an odious act geven out against them, to the which ould Carmichaell was a greate helpe; and saide in playne counsell oppenlye, that they oversawe themselves verye farr in that matter.

"The Kinge of Spane haith bene so busye by his suppostes of this lande, lange banisht before, that some of them so interprysed aboute the laste of Maye to have takin in an ilande lyinge betwixt Scotland and Irelande, weare disapoynted by some men moe in number, who weare landid in that same ilande a little before, so that the cheeffe fearinge to be takin, lept sudanlye in the sea, wherein he drowned without compassion. The rest of his assosiates weare comprehendid and sent to Glasco where they remayne prisoners, till his Majestie comminge ther, for he ys now on his progresse to passe tyme and huntinge. And the Quene haithe been hirs, now the first of this instante, to passe through the capitall townes of the Marche and norweste, their to be graciouslye receaved and remunerate by the burrowgh masters.

"Buckclewgh haith receaved an indignitye from the Midle Marche of England, which he takithe verye heighe in heade. How soune the newes weare declared unto him, first he consulted with some frendlye counsellers heare, and they desyered him to advertise his Majestie therof; which he imediatlye obayed, and rode to him at Lithcowe where he exponet that matter at all lenthe, and yt was in a maner thankfullye imbrased, and on another manner eavell resaved; for as his Majestie was glad of the recytall, so was he commoved at the hardinesse of Englande, now at suche tyme, sayd he, when the Quene had tow of hir embassidors resident besyd him, and he none of his besyd hir Majestie: which was a thinge that nether could nor should be borne withall, specyaly sence Sir William (fn. 3) was so proude to denounce a revenge, and to remayne in his cuntrye too, yt was thought the more intollerable. Then sayd Buckcleugh, his legacye ys endid, and if yt wold please his Majestie to oversee, he should fynde men that should bothe revenge the one injurye and the other. But the Kinge desyered him to hould his peace of that, for he wolde have him to be cyted before his counsell to answere super inquirendis, whiche he should knowe at his comminge backe to Edinburgh agayne, or els at somme other parte. And geve Sir William had not bene al the soner forewarned, he had hardlye escaped at his returne from the Kinges convoye to Lithcow.

"He ascryvith all this last incursion upon Lidisdell to be devised by Mr Mansfeld and Sir William Bowes brother, and hathe avowed to my self to plucke some of them oute of their nest er yt be longe. But I fynd by his cheife gentilmen, that bothe he and Sir Robert Car ar scant of good horses at this tyme.

"Their haith bene a greate talkinge betwixt som arbitors for the Duke of Lennox and Buckcleugh for some landes appertayninge to Bothwell, whereof Buckcleugh haith obtayned the victorye for payment of monnye: so that now they are bothe at ease.

"This matter durid 10 dayes together, and now thes last newes have made greate impediment to all my procedinges with him, and he is daylye and hourelye with the counselers resident in this towne, who haith geven him playne counsell and advice for a revenge. The rest I refer till the next good oportunetye whilke I hope shalbe short. This 5 of June instant 97.

"Since Buckcleugh spak with the Kinge, the ambassidors went to him at Lithgow; but they weare receaved and demitted with a mervelus eavell countenance. God make all well."

pp. Copy by Scrope's clerk. Indorsed by Burghley. From the abrupt beginning, part appears to be lost.

651. Royal Minute to Scrope and Carey. [June 7. 1597.]

The Queen to Scrope.—Commanding him to take order in the West Marches, that the matters agreed on under the late treaty are duly performed, while no offence is given to the King or his officers—and, as her other wardens and officers have been specially charged, that he obey the advice to be given him by Robert Bowes her ambassador in Scotland, and Sir William Bowes, one of her late commissioners.

To Sir Robert Carey.—"And where we finde by diverse lettres written to our Counsell, both the Treasurer and the Secretary, how unwilling you are to deale in causes, because you have not yet your patent: We doo wish you once againe to leave this course of peremptorie writinge, and doo commaund you to doo as you ought, for we that can judge what is fitt for you, will doo thinges as we please, and when we please. Let these thinges therefore be perfourmed by you, which you shall find by the treatie you ought to doo, and without any further importunitie, and as William Bowes and Robert Bowes shall at any time direct you. And that being ended, you shall then knowe what shall become of you. And for all that you doo or shall heerin, we doo hereby give you full power and authoritie, which is warrant good enough we trust for a greater matter. And these, &c."

1 p. Contemporary official hand. Indorsed: "vijth of June 1597. M. of lettres to the wardens," &c.

652. Eure to Burghley. [June 8.]

Answer of Lord Eure lord warden, &c., to the accusations presented by the gentlemen jurors anno 1596 to the Bishop of Durham, &c., her Majesty's commissioners, by them to Lord Burghley, and from his lordship to me by two writings—one of 23d May last, the other of 8th June following.

Objection.—The 40 horse (part of the 80) who should be with the warden in Hexham, are not full, and are partly his own servants, partly landholders lying dispersed in the country. Not 13 of them are Yorkshire men, the rest being sent home and their horses kept by him and Raphe Mansfeld: and when needed, there have not been above 5 or 6 horses at Hexham.

Answer.—The 50 horse for myself have been complete monthly from the 20th March, as in my letter of 23d May to your lordship appears. As the Yorkshire men were removed by want of maintenance or death or offences, &c., I replaced them by countrymen or my servants, not exceeding 10 of the latter—first, as they knew the wastes for my secret guidance when needed, and secondly—to direct the native countrymen, and attach malefactors without partiality to friends. The native countrymen are better at handling spears, &c., on horseback, than the Yorkshire or bishopric men, better prickers in a chase as knowing the mosses, more nimble on foot, and some keep "slewe dogges" to serve the country, which the country could not have paid for. Also divers of them lie in the"highe streate," where the malefactors pass, not 4 or 5 miles out of Hexham next the waste, and few are landed or rich men, and failing the pay, cannot keep horses.

The country also "envyed the straunger, and could not lovinglie efforde pennyworthes" for his diet or his horse's, but at excessive rates—so he could not live on the Queen's pay or do secret service without "betreying." And I held it politic to draw some of the headsmen from friendship with the Scots—as some of the Fenwicks, Erringtons, Robsons, and other names.

In winter I had at least 20 horse in Hexham town and within a mile, besides above 20 in my own stable at my own charge; besides those of the men in pay, always ready to the fray. In summer when the nights are short, and they cannot have grass in the town, the men are driven to seek it elsewhere; and in harvest time some labour for their winter hay, taking their horses to the meadow, but all return when the nights lengthen. No Yorkshire man parted with my leave, and I crave inquiry as to any horses detained by me. Nor is it allowed by discipline that the captain must keep the first pressed man till his service is done, but he is removeable at the leader's will.

Objection 8.—What are the names (1) of those outlaws, fugitives, &c., detained in Scotland, belonging to either of the Marches, and (2) of the persons in either March who reset them?

Answer.—We find that Nicholas Weldon of Weldon gentleman, is a most notorious thief, murderer, &c., yet is received in the Middle Marches, and rides in company with William Fenwick, keeper of Tindale, and we have credibly heard that this was by favour of Lord Eure. William Ridley called "Black Will," the like, and we find though a fugitive, he returned and took a dwelling in Tindale under charge of the said lord warden and keeper.

Lionell Charleton the like, a notorious thief and prison breaker, as deposed before us—was reset by Raphe Mansfeld, and taken to Yorkshire with one Eddie Hall a famous thief out of Mansfield's garrison, where they bought 2 gray geldings, which among them were taken over the border to Sir Robert Kerr's hands.

John Charleton of the Bower a great thief, in Lord Eure's garrison at Hexham, now fled again "for theif," and we hear credibly, again returned and tolerated in the Marches.

William Shaftoe and William Lawson imprisoned for felony at Hexham, broke prison, but reset with Raphe Mansfield; George Hall of Burdop a notorious thief and murderer now maintained as a soldier by Mansfeild.

The Laird of Fowberrie a felon, prison breaker, &c. Edward Hall, Robert Hall "the porke," Edward Laingh of Haughton, Tho. Charleton laird of Hawcop, Tristram Dodd of Sydwood, William Shaftooe of Hypwood, Robert Shaftoe of Stannerdon, John Litle of Ponteland, Nicholas Hall, John Pottes, Thomas Ellott of Newbrough, Anthony Pottes, Tho. Young of the Stowers, John Young alias "Julyans John," which two last, and the laird of Fowberrie, are fugitives of the East March," and all the rest are of the Middle March, with many more not now numbered. Some of these thieves are received here, many in Scotland by the Laird of Hunthill, some by William Litleheugh, others by the laird of Bonjedworth, Archy Ellot called "Martins Arche," and the Laird of Farnihirste.

Answer to the objection.—Such is the furious malice of some of my enemies leading the other jurors, I mean the Woodringtous—in making indirect answer to these articles and "particularising" his malice to me, when by the commissioners' wisdom in compiling this 8th article, neither law nor reason could bind me to reply, yet will I declare the truth to you.

Nicholas Weldon and others were indicted and outlawed in Sir John Forster's time, for the rode at Iveston in the bishopric, as William Carnabie one of the jury who (I credibly hear) had part of the stolen cattle, can testify in his conscience. Weldon's favour in Sir John's time among his secret friends imboldened him to ride when he felt secure, and it may well be that he has ridden in this March since my entry. But he had no liberty by word or writing from me, and I know nothing of his riding with William Fenwick when my officer, and I must leave it to his answer. Weldon deserved small favour at my hands, he laboured to bring 100 Scots to burn my house and break my stable, when their scout was discovered and chased by my night watch. Further his uncle Christofer Weldon was beheaded by me for March treason, whereat Nicholas and the rest of the name took great offence. As their answer shows, spleen and malice more than the public interest, moves them to these charges.

William Ridley or "Black Will," was indicted with Weldon in Sir John Forster's time, and when Mr Fenwick of Wallington was keeper of Tindale, was harboured there. But that he took a new farm there, or was allowed by me to remain, is false and untrue. As for William Fenwick, supposed to be my keeper of Tindale, William Fenwick of Wallington can testify that at the assembly of the country at Bellingham, when he (Wallington) resigned that charge, the country undertook me as their keeper, and appointed William Fenwick of Betchfeild as "my under officer for my ease," who remained till of late Henry Bowes is made keeper. My favour to Ridley was such that I sought him by Fenwick, when his horse was taken, and he escaped on foot! At another time when in Liddesdale among the Scots, my men beset his house, but "it pleased God" another person lighted in their hands—but if I had got him he would assuredly have died. This charge shows malice against me, and also the gentleman the chief of the Ridleys, with whom Woodrington has no kindness.

But Woodrington forbears to present to your lordship Gerry Snawdon a fugitive, reset and living under Lord Ogell in Hepwell town, over which and Lord Ogell's tenants he has command and charge. In whose company he was an actor in the only service Woodrington did since my entry, viz., "the rode at Cavars in Tevidale." And when I sent my men to attach the said Snawdon in the town of Hepwell, the townsmen rescued him and well nigh slew some of my people; saying they were commanded by Henry Woodrington to prevent his attachment without his special warrant. This Snawdon is indicted of murders, felonies, burglaries, and March treasons.

Farther he forgets that Watt Grame his known personal servant attending him at Newcastle and elsewhere, and detected of divers felonies, has since fled my March and left his farm, as a fugitive. "Likewise let him remember that John Reade his servant attendant on him did lye in waite with his peece for the murthring of a poore fellowe in my Marche, who with his wieff behind him on horsebacke coming or going from the markett att Hexhame—the said Reade lying in a secrete place discharged his peece, and the wiefe for safe garde of her husbandes body, threw up her legg and received the shott in her knee, wounded allmost to deathe." Reade, on a charge of sheep stealing, was committed by me to Hexham gaol, but broke prison and is a fugitive.

Woodrington also forgets that he was the only man who countenanced William Carnabie suspected of Iveston, or at least resetter of goods there—and William Shaftoe his kinsman detected for the same rode, and carrying prisoners to Scotland for ransom—also William Lawson guilty of the like crimes, and various other malefactors, whose nest by my coming was broken, procuring his malicious reports against me.

Lionell Charleton is the man that I put in Durham gaol for offences in the Bishopric, whence he escaped and chiefly kept in Scotland; and fearing his "cuning and acquaintenaunce" in this country would do much harm, if he combined with the Scots, I allowed Raphe Mansfeild to draw him to the Queen's obedience, on reasonable conditions if it could be. But for the story that he and Eddie Hall bought and took horses to Sir Robert Kerr, I do not believe it, but refer it to Raphe Mansfield's answer.

John Charletoune kinsman and follower to Edward Charletoune laird of Hesleside who is a secret follower of Mr Fenwick of Wallington, was charged with March treasons in Tindale in Sir John Forster's time, and after long imprisonment by me, brought to the bar both at a warden court and the gaol delivery, where Henry Woodrington and William Fenwick of Wallington were jurors—and being acquitted both times, I took good bonds for his behaviour and sent him to serve in Tindale on the Queen's pay. My reasons were—he married in Sir John's time a daughter of Anthons Edwards [Armstrong] living at Williava on the West March—a great thief and maintainer of many others about him, and has married his daughters in "the waters of Tyne." Charleton himself had divers "lewed" and evil persons of name as followers, and lived in a "waist place distant from greate plenishing," where he might with the Scots greatly hurt his neighbours, but if honest, do good service. Thus I thought "to tye him to the Queen" by the pay, but "the fellowe returned to his former follie," was taken by me, escaped by the gaoler's negligence, and joined his father in law and the Scottish Armstrongs. But his father in law making means to me for his return, and that he would keep quiet, having secretly satisfied the parties offended, I chose rather than drive him to join the Scot, to let him return home, he being neither indicted of murder or burglary, nor a notorious thief, as they report.

Answer, as to William Shaftooe.—It is true that in the presence of Mr Purefie and Mr Ferne, joint commissioners with me at Hexham gaol delivery, he being called on his recognisance, appeared at the bar, and was by us three committed to the sheriff who put him in gaol, whence he and William Lawson escaped the night before the delivery.

At a house called the Spittell not half a mile from Hexham, belonging to Henry Woodrington, tenanted by Margaret Gibson a widow, 2 horses bridled and saddled stood in her stable—one Henry Woodrington's, the other his brother's—and Shaftoe and Lawson took them and fled. Let him "attest on his creditt" if these 2 horses are not since in his friends' or followers' hands as their own. It was proved that Roger Woodrington his brother came "in the day going" in a long black cloak and black garments, and spoke with Shaftoe hard before his escape. And that Michael Waulton Henry's servant, committed at same time for felony, gave Shaftoe a watchword for his escape. These are pregnant presumptions against the Woodringtons.

Isacke Woodrington must not deny that I refused his earnest entreaty for favor, unless Shaftoe entered and submitted himself to the Queen's mercy. Richard Fenwick a juror can also testify my express orders to my people to apprehend him. And Shaftoe shall disprove Henry Woodrington's slander that I took him with his will under assurance. I sent him on apprehension to the last Durham assises with his examinations. It may be he was lodged with Mansfeild as others of Woodrington's friends were—what offence is thereby, I cannot see. As for Lawson who by their means in my offence, was to have been preferred as a soldier in Berwick or a servant to the gentleman porter, I hindered this "what I could."

Answer, as to George Hall of Bourdopp—accused of theft, murder, &c. I cannot remember any complaint against him. He cannot be a fugitive if (as they say) he is a soldier under Mansfeild. He has "as they tearme it, stobb and stake, viz., house and land within the dayle, which maketh him subject to the Quenes lawe."

If Raph Mansfeild or any future keeper of Redsdale, shall be severe with extremity of law, and prosecute the headsmen for old offences before his time, neither he nor other keeper can live long to serve there. And if he keeps none of them in pay but stranger soldiers only, he will do little service, for they will betray him, except the country change greatly.

The Laird of Fowberrie is not suffered here to my knowledge, nor Mathew Errington, who I hear lives in the West March. Edward Hall, Robert Hall "the porke," Edward Laingh of Haughton, Tristram Dodd of Sydewood, all unknown to me. Thomas Charleton laird of Hawcop was committed by me to Durham gaol with Lyonell Charleton, whence both escaped and have fled from my officers out of the March.

William Shaftooe of Lipwood was, like Carnaby, an actor at Iveston rode, since entertained in Yorkshire, and it may be he comes some times to this March. Robert Shaftooe of Stannerton a notable offender, I have sought very "sereouslie," but is reset and withholden from me by Martin Ogell one of the jury, a follower of Woodrington: also I hear at Mr Mitforde of Sighill and elsewhere about Morpeth, where Woodrington "houldeth him selfe a reger." Gladly would I have the man, but cannot get him. John Litle of Pontelande, if as I suppose William Shaftooe's servant, was at Iveston rode, and the first winter I was warden, Henry Woodrington going with me to Carlisle, brought Shaftooe, William Carnaby and other friends and kinsfolk, one Litle attending Shaftooe, as Sir Cuthbert Collingwood told me, and if John be his name, perhaps the same—but if so, he is removed.

The residue are all strangers to me, and I can say nothing, but I will deal with them according as they are in Scotland or England.

"Fynes." (fn. 4) —As the jurors are aggrieved at my extreme exactions of fines on my Northumberland tenants, though there is no mention of fines "within the 5 Artickle," nor do the gentlemen seem "disposed to trouble theire heades with anie other landslord but my selfe": I answer that Richard Fenwicke one of the jurors was a principal dealer for me in letting these leases and perfected the covenants between the tenants and me, "he overruling me to their will," and I never strained or pressed them to pay but at their ease and best profit, and none of them to my knowledge, repines at the fine (as they witness under their hands). And what was formerly doubled I have "layde downe to the aunciente rent." And to furnish them with horses at present, I not only "forbear but forgive," as themselves witness. None made presentment to this jury but some of my tenants of Sturton grange, who did so on the instigation of Robert Woodrington of Hauxley, one of the jury, though they confess they had no cause to complain.

Having now answered every objection against me, I humbly crave that I may verify the same by my presence as occasion shall be offered, protesting, in the fear of God, that I cannot take more care to do her Majesty true service, nor out of my wit can I use any better policy to win the "intempered" natures of the people to "good discipline, religion and obedience," than I have done hitherto: nor is there any gentleman or person of quality in my March, that has been or is aggrieved with my government, to my knowledge, "save Henry Wooddrington and those which followe him, who hath inewred his condicion with disobedience from his infancie, as I am informed: first, to his dearest freinde of his owne name, a Wooddrington—from whome he hath received the benefitt of his living, and by whose meanes and Godes good favoure, he enjoyethe the landes in possession and revercion, yet in his liefe tyme he reviled him! Since he could not temper him selfe under my aucthoritie to be commaunded, as appeared under Sir John Forster his goverment, against whome he was opposite—neither in my tyme can he broke my goverment—neither was I acquainted with his dislikes untill nowe.

"Therefore excepte the Queene vouchsafethe according his supposed desert and ambitious humor, an highe place of honor and an imperiall goverment, he cannot live contented. I humblie therfore pray your lordship, sift both our duties, and judge of them as they deserve—punishe the offender and comforte the well doer, and condemne not him for faulter that havinge most cause, hath forborne to complayne." Signed: Conscientia pura murus ahenæus, Ra. Eure.

10½ pp. Closely written. Addressed on back by Eure to Burghley. Indorsed by Burghley's secretary.

653. Robert Ellot, &c., to Eure. [June 8.]

"For as mickle as wee have beene with your lordschip and hes indented of sick condicions quhilke in noe wise we were myndit to breake, we nor nane of oures, but that his Majestie and our maister the Laird of Baclughe being informit herof, hes allmoste berefte us all of our lives for the same interprisinge sicke a deede but (fn. 5) thaire licence, and hes commaunded us, under the higheste paine of our lives or els att leaste the banishment of our rowme "for ever, that nather be day nor night we have melling (fn. 6) or intercoming with noe Englishman, untill sicke tyme it sall please his highnes and our maister to give license: quhilke we thought good to let your lordship understaunde, beseking your lordschip take in good parte, and to hould us excusit thereanent. And for the indentor betwixt your lordschip and us, wee are mynded God willing, to keipe everie heide therof sa sone we can purchaise his Majesties license or yet our maisters, and in the tyme wee salbe diligent to imploye our creditt towardes the license, for wee ar verie evill content anie alteration sould have bene of anie thing sett downe be your lordschip and us, gif we could have bettert it. But our native prince maie commaund us what he will. Therfore we will beseeke your lordschip to take this in gude part and consider our case, for fall out what will, wee are never mynded to offende your lordschip nor your office, giff we can hald anie thing backe undone, for the good intertainement we received of your lordschip … We doubt not bot your lordschip sicklick, under coloure, will shawe favoure unto us, seing wee are mynded to keip. Swa having no furder att this tyme, but giffing creditt to the bearer as he will informe your lordschip att more lengthe … Off Laristoune the viijth of June 97." Robert Ellatt of Readhughe, William Ellatt of Harscarthe, John Ellat of Coppshawe.

1 p. Copy by Eure's clerk. The names written by Eure. Indorsed by him: "A coppie of the Ellottes lettres to the L. Eure 1. warden."

654. Eure to Burghley. [June 9.]

Lest it come to your lordship's ear otherwise to my reproof, I presume to send the account to you.

On 15th May hard by Thirlewall in the daytime, divers Scotsmen of Liddesdale took the horses and wounded their owners peaceably travelling from the West March to Newcastle for corn, and since then worse attempts have been made both in Lord Scrope's and my March. So sending some of the soldiers divers times to the wastes to attack the malefactors, but missing them, and seeing Buccleuch's evil disposition, I attempted with my men "to take a pune" of one in his office, a chief offender in the cruel attempt of Tindale, there being not above 30 horsemen with the trumpet, and it was done though Liddesdale was warned by the treachery of my own country. This was on 30th May, whereon 3 of the principal Ellotts voluntarily besought me to restore the cattle, &c., so taken, promising me by writing to restore for all attempts done by them or theirs since I entered office, and continuance of good neighbourhood while I remain, as the copy herewith sent will show your lordship. But during this "parle," Buccleuch complained heinously to the King, pretending violation of the peace and aggravated his displeasure against me, and coming down, hindered these conditions as the copy letter inclosed will show.

I humbly crave your opinion of this my action, against the inferiors in his office, "since the governor is not otherwise to be wonne," leaving to your consideration the weakness of my country, "the stronge affection the Scott hath wonn in my Marche in the hartes of the people, which strengtheneth him more than the force of his owne countrie." Hexham. Signed: Ra. Eure.

1 p. Addressed. Indorsed. Wax quartered seal: damaged.

Inclosed in the same, Nos. 647, 653.

655. Eure to Cecil. [June 9.]

A similar letter to the preceding with copies of the agreement and letter from the Elliots. Hexham. Signed: Ra. Eure.

1 p. Addressed. Indorsed. Wax seal as before.

Inclosed in the same:—
(1) Copy agreement of 4 June by the Ellatts of Liddesdale as in No. 647.
(2) Copy of their letter to Eure of 8th June as in No. 653.

656. Sir R. Carey to Burghley. [June 12.]

I have received your letter of 7th whereby I perceive her Majesty is not yet resolved on whom to bestow the wardenry of the East March. I acknowledge myself most bound to your lordship, for I know I have had your favor and furtherance therein: "but truly Sir, for my owne perticuler, it is an offis I dooe not greatly desier. I desired th'aughetorite of a warden for the teyme I should continewe in it, only for the better gracinge of her Majesty servis, but nowe that I feynd it is her pleasur, and that in her wisdum she thinkes it best that I continewe as I am, I am pleasd therwith, and as well as I may, will dooe her the best servis I can, for the teyme I shall continewe in it, which I hope shall be short."

Your lordship finds fault with me for not sending the Bishop of Durham a book of the fyled bills. I have not been negligent therein, for I received the bishop's letter the 4th instant, and on the 9th I sent him a book of the whole, both Scots and English, fyled and cleansed, which I doubt not your lordship has got long ere this. The collection will "aske" some time perfectly to draw out, so I thought it not amiss to send you the breviat thereof. Whatever it shall please her Majesty's ambassadors in Scotland to command me (in border causes), I shall perform as far as in my power, "hoping at th'end therof to be dismist of this chardge, that is to heavye for me to support as it seames her Majesty meanes I shall serve it." Berwick. Signed: Rob. Carey.

1 p. Holograph. Addressed. Indorsed. Swan wafer signet.

657. John Carey to Burghley. [June 12.]

"Your honors lettre of the xiijth of Aprill, had a slowe messenger, but verie suer, and such a one as doth acknowledge bothe herself and me to be highlie bownd and beholdinge to your honor in her dispatche toichinge mye affaires and shute to the Quenes Majesti, which I can by no meanes requyte, but by my dutifull love and service ever redie at your honors comaund … And for my wyffes behavioure and paynes takinge, in solicytinge my shute, for reward thereof, she desier no more, but that I will ever be thanckfull and dutifull to your honor, as the cheif cause of her good dispatche …

"I here owt of Scotland that the Kinge of Denmarcke havinge bene in Italie and in Norway, is alredy entred on his joreney towardes Scotland, and is expected there the next wynde, nay some reporte is, that he is alredie landed in the northe partes; and further, that he meanes to come into England to see the Quenes Majesti, which if it shall so happen, I wold gladlie have your honor to certifie me her Majestes pleasure, what manner of course I shall hold with him? … Wheither I shall onlie intertayne him after a feastinge manner, or wheither I shall otherwise honor him, by makinge him knowe the force of the towne and secrettes of the walles, as by shewinge of him the towne? Which I hold in my owne foolishe oppynyon, verie unfytt to be done, for that he may become a more daungerous and hurtefull enemye therto, then any other man can be." So I pray you let me know in good time. "It is further thought that Mr George Yonge shall shortelie come up, as embassador," to satisfy the Queen for the delivery of Cesford and Buckleugh; also that the Duke of Lennox and others come after.

I pray your honor also to be "mindfull" of our pay, that Shepperston may come down in good time. Berwick. Signed; Jhon Carey.

1 p. Addressed. Indorsed. Swan wafer signet.

658. Eure to Cecil. [June 13.]

I received her Majesty's letters of the 7th commanding me to observe the late treaty "compiled" by her own and the Scottish King's commissioners, which I will observe to my utmost skill and power. But having as yet only some few selected articles concerning the wardens only, sent by the Bishop of Durham on the advice of my Lord Treasurer, I humbly beseech your honor's letter to the bishop, &c., requiring him to give me a true general copy of the whole treaty, signed by himself and some of his associates, which may be a sure instruction for my proceedings. Craving that I may not be more narrowly tied to its observance than the opposites are,. but free to requite them pari modo et mensura. Hexham. Signed: Ra. Eure.

¾ p. Addressed. Indorsed: "13 Junij 1597 … Rec. at London the xvij of the same."

659. The Bishop of Durham to Burghley. [June 14.]

As I lately conveyed to your lordship by Mr Henry Sanderson of Newcastle, the copies of the bills of the Middle and West Marches, so now I send the like copy of the bills of the East Marches, lately received from Sir Robert Carey "warden of the same," with an "Extract," which I wish had been drawn out of the bills of the other Marches for your "more ease." By which I trust your lordship will find we had goodwill to have settled the business so far as in our power. We hope the remaining bills left to the several wardens will be redressed in convenient time, if the princes command the treaty to be duly executed. But I am sorry to hear, the first point of all, viz., the interchange of rolls on each side, which should have been done by all on Friday the 10th instant, was not observed—thus causing the service to follow like to fail also, and it may be, the opposites will take advantage to break the delivery of the pledges, the principal redress for the bypast and future.

I see by persons well affected to religion and the state, and of good judgment in civil matters, "that there is great murmure and mislike of the speciall favour and countenaunce shewed to Joseph Counstable and his wife, as wicked and daungerous a couple as ever the north bredd (except alwayes David Ingleby and his lewd ladie). God forbidd their hipocriticall submission, by the feare of death extorted as it were, should expyate so manyfold and heynous felonies and trecheries (percase treasons also) committed by them. What inveterate papist will forbeare to receave preistes or Jesuites, yf to come to church pro forma maie serve the tourne? What preistes or Jesuites will forbeare to land in this realme, yf they maye live in hope to be receaved? How dare any man adventure to apprehend any person of qualitie, when after so many yeres attendaunce and search, and sometymes not without great charge and greater perill, he shall see the enimie of God, his prince and countrie, to bristle himself, and to hope for a daie to take his taker; and in the meane season to see the adversarie waxe insolent, the weake in faithe trodden under foote, the faithfull themselves to call the justice and pollicie both of lawe and magistrate, in question? These passions, my good lord, doe possesse the hartes of many, as also the tongues and penns of some. And I beseech Almighty God to strengthen and incourage her Majesties royall breast and hand, as also inflame and settle the mindes of the civill and ecclesiasticall governours, well and seriously to bethinke them of that most necessary and godly precept of the kingly phrophet, Beati qui custodiunt "judicium et faciunt justiciam omni tempore. But this cause would require as much larger discourse, as your lordships manifold affayres would have a shorter lettre. Wherefore … I humbly take my leave of your lordship, commending you to God and the word of his grace, which is hable to build farther and to give you an inheritaunce among all them which are sanctifyed, as the apostle for his fairewell sayed to the Ephesians once for all." Bishop Awkland. Signed: Tobie Duresm.

1 p. Addressed. Indorsed. Two wax seals: Mathew's arms.

Inclosed in the same:—

(Bills referred to.)

The English and Scottish bills fyled before the commissioners at Berwick as in Nos. 606–9 with some additions.

Extracts.

At the Tolbooth Berwick 2d Feb. 1596.—5 bills against Scotland for invasion and slaughters.

English bills fyled on men dwelling in the Merse:—

William Selby's of Grindon rigg, foul on William Davyson of the Craggsheale, &c., for 40 old sheep, price 12l.

Thomas Cuningham's of Tweedmouth, foul on Hob Cowan in Hawdon for a horse, 5l., and 15l. in money taken from him.

Thomas Pigg's warden sergeant, foul on William Davyson alias "the Devilles chaft blade," for 5 cows, &c.

Tho. Routlege's of Killam against the bayliffs of "Edoubr" "for troblance of his trod in pursuit of a theffe or ij° that had robde him of vjc li. Quytt by the commissioners."

Tividale—Sir John Forster's and his servant Thomas Awbernathye, foul on George Glenwhom, for 25 old sheep, price 7l. 15s.

Scots bills fyled by men of the Merse on the East Wardenry:—

George Hume's of Blayketer, foul on Henry Collingwood of Etell, for 4l. "parcell of his bond."

William Douglas of Iveley, foul on Hob Browne and James Selby for 76 sheep, price 22l. 16s.

David Hammleton's of Wetherburne myll, foul on Dand Smythe of Killam ford, for [ ].

The Laird of Newton's for 100 oakes—quit by oath of the Laird of Corbytt.

English bills fyled on the Scots in Tyvydale:—

"Mr Raphe Grayes esq.," foul on Davy Pyle of Myllhaughe, Raphe Robson, &c., by their confession for 36 "neat" and 10 horses, prices referred to the owner's oath.

The said Mr Raphe's, foul on Tho. Davyson of Birnyrigg and John Robson of Over Crawlinghall, for 13 oxen and kyen.

William Haggerston's and his tenants of H., foul on Philps Androe Routherforthe and Tho. Aynsley of Cleithaugh, for 16 oxen, price 32l., 5 kyen, price 7l. 10s., 5 mares, 3 horse, one foale, "one slue dogg"—prices referred to owners' oaths. More, for 20 marks, and 60l. as in the rolls.

Cuthbert Forster's, against Ja. Kerr laird of Corbytt for 19 "neat." Quit by said laird's oath.

Mr Edward Graye's, and his tenants of Presson, foul on John Davyson of Hawdon, &c., for 25 oxen, price 50l., 3 kine, price 4l. 10s., and insight worth [ ] sterling.

Ra. Forster's of Owsgrasse, foul on Archy Trumble and Gib Lorreyne, for 6 oxen, price 12l., 2 kine, price 3l., insight, 5 marks.

Sir Robert Carey's for a mare and foal, price 40l., a black gelding, price 20l., foul by the assise on Dand Pringle of Hownam for the mare and foal, quit for the gelding.

Henry Routherforth's of Middletonhall foul by assise on the old and young lairds of Vaughopp for 5 oxen, price 10l., 6 kine, price 9l., a mare, price 40s., and insight, 6l.

Richard Routherforth's foul on Jock Yonge alias "dafte Jocke," for 20 ewes and wethers, price 6l.

Mr Swynburne's of Egliugham, foul by the Goodman of Gateshaw principal for 5 score ewes and wethers.

Andrew Storye's of Rosdon, foul by Adam Storye of the Elfe hole on Alexander Dixson of Nether Bolton for a mare, price 5l.

John Selbyes of Learmouthe foul, by Mr James Hume laird of Corsby on James Yonge of the Knowe, &c., for 5 bolls malt, 17s. the boll.

Mr Ra. Carre's of Fourd foul on the Laird of Mowe by his confession, and charges "deburst for the vower" to the plaintiff's oath—for 7 score ewes and wethers, price 42l.

George Harbottle's of Tugglehall on Tho. Burne of Awton burn, &c., for a gelding, price 20 marks, 3 nags, price 6l., a mare, price 40s. Quit by the assise.

Thomas Smythe's of Norham foul upon Marke Kerr laird of Ormstone, for attempting to kill Sir Robert Carey's men, and taking away 600l. sterling, by "there owne" confession.

Scots bills of Tyvidale upon the East Marches of England:—

The Goodman of Johnsonburn's foul on Jo. Collingwood of Cimiston.

Ja. Humes of the Style for 4 score "swyne" upon the sworn men of Twedmouth, referred to the commissioners.

The Tutor of Belchester's for 4 kine, a "stote" and 2 horse, foul on Oswould Lauder by confession.

Alexander Pringle's of Stitchill on Jo. Clennell for a bill of 16l., referred to the commissioners.

The Laird of Billye and the Laird of Hoprigges, upon Jo. Reveley of Humbleton for a band of 240l. "Scotts," referred to the commissioners.

Davyd Edmeston's of Charter howse on Jo. Glarner of Fourd for 10 kine and oxen. Quit.

The Laird of Langformagus on Charles Dod of Tylmouth, foul, &c., for 3 score sheep.

Thomas Maughlen's "pedder" in Dunce, on John Hickes in Berwick, modified by the commissioners to 20s. sterling.

Mr George Lawers of Basse upon Hobb Myll of Branxton for 2 mares, foul by Cathbert Johnston of Berwick.

"Rich laird" Spence's on Captains Carvell and Haynes for non entry of Mathew Skeale of Norham, or to pay 16l. sterling, referred to the commissioners.

The Laird of Bemersyde's on said Mathew Skeale for 8 oxen, foul and agreed.

Jo. Hume's of Midlethred on Will Lorreyne of Kirkharle for 2 mares, foul by Geo. Selby of Grindon.

Edward Trotter's of Totherick upon the Laird of Clennell for 4 old sheep, referred to the assise.

Patrick Hume's of Renton on Tho. Armstrong of Cheswick for a gray horse, referred to the assise.

David Renton's of Bylly upon Rich. Pott of Ashett for 5 nags, foul by his confession.

Ja. Troter's of Fogo upon Ja. Davyson of Lynbrigs, foul for 8 kine and oxen.

The Laird of Belyster's upon Tho. Armstrong alias "Boltsfoote" for 4 "stirkes and a oxe," referred to assise.

"Finis." Total English bills 210, Scottish, 125.

43½ pp. Copy by Carey's clerk and another hand. Indorsed partly by Burghley: "14 Junij 1597. Copie of the bills of the Est Marches both for England and Scotland from the B. of Durham."

660. Eure to Burghley. [June 16.]

By your letter of the 18th you were pleased to remind me that last month you had signified some information given in to the Privy Council against me, of "abusing" her Majesty by getting full pay for the Yorkshire men pressed for horsemen, though I had diminished their number.

I think I wrote lately to your lordship that I was no deceiver of her Majesty, and now humbly crave you to admit me to trial in presence of your "judiciall seate," and that my accusers may be commanded to justify their information, and I myself dealt with according to my desert.

Your lordship is pleased to say you are not satisfied with my former answer, in view that divers men of good credit in my March have certified on oath further matter to maintain the former information.

The reports under my hand to your lordship and others of the Privy Council, on the ruined state of this March at my entry, and the experience I since had of it, made known to the Bishop of Durham and other commissioners for the border: "the cancred sore long festred and harbored among the gentlemen themselves, now stirred and searching the depth of the wounde, penetratinge the entralls and secrettes therof, for my good service stande burthened by the oathes of some of valewe as the sole decayer and present ruyner therof"—to which as concerns my self I send here inclosed my answer, craving that their oathes may be "counterpoysed" by a strict inquisition, as it shall please your lordship. What concerns Raphe Mansfeild in defrauding the Queen for his 30 men, or abuses in his government, I pray may not be imputed to me, yet I dare venture to say he has a good answer. As for entertaining ill disposed men in the Queen's pay, it will be found on due inquiry, that few or no fit guides to the waste are to be found in Redesdale, who are not in danger of the law—but I think he will justify himself from retaining in pay any notorious murderer or thief, so charged since my entry—nor is any complainant "debarred" by him from prosecuting any such man detected in Sir John Forster's time.

William Fenwick of Bitchfield's presentation (if he made it) that he had only 10 soldiers, is contradicted by himself—for he had 40 several times by my order, though it is true some were his sons, servants, and kinsfolk,—for he said to me that lying at Haughton he stood in need of such as lay near about him, and he could best trust "att all suddaines," and such as could maintain themselves—he being as my bailift, not keeper of Tindale. The like reason when I allowed 20 soldiers to Mr Fenwick of Wallington then keeper of Tindale, moved me to allow him 9 or 10 of them to be his own men in pay; whatever he says now.

I cannot call to mind keeping any Yorkshire man's horse, and dismissing the man, or getting letters from the justices thereon—but assure your lordship any such horses if with me, shall be delivered. And if the Council order that the "first pressed" men shall remain in pay, unless I have their leave to discharge them, I will obey—praying however the liberty a private captain has, to remove the unworthy or insufficient man at discretion, supplying the vacancy. I will venture my life, that a stranger to this country shall not bring a band of 80 stranger horse without endangering his service, unless he have a small mixture of native countrymen.

I can give no other answer than formerly as to entertaining Nicholas Weldon—or as to the charge of entertaining landholders in pay who by their tenure should find horse and arms for service, but what I have said, of their inability though commanded—the expediency of retaining some of the headsmen of clans—and the absolute refusal of divers, as Henry Woodrington and his tenants to harbour the Yorkshire men or give their horses grass in fit places.

I must pray your lordship give me leave to relate my griefs—first, that your "heavy countenaunce is bent towardes me," and your former love turned to jealousy. Second—the underhand manner in which those charges have been got up by my open enemies, and never presented in open sessions, assises or warden courts, but allowed by the commissioners to be proceeded with, neither myself nor any of my servants being called to answer. I humbly pray your lordship to procure her Majesty's leave that I may come up to Court and answer these several charges,—with your warrant that Edward Gray my now deputy, or some other fit person, may supply my place till my return from my purgation—disposing of me then as you will, for I am restless and bereft of comfort while lying under these slanderous and malicious accusations. Hexham. Signed: Ra. Eure.

3 pp. Very closely written. Addressed. Indorsed.

661. John Carey to Burghley. [June 18.]

Remembering the soldiers' pay, I pray it may come in good time, and that "youer honer will caues Master Sheperston to be noe staye therof bey his lingeringe abesens, to hinder us and proffitt himselfe; wherbey youer lordshipe shall doe a great good to this littyll commone welthe and precuer youerself maney a pooer bodeyes prayer."

Though it is dangerous dealing with things far above my reach, yet I cannot fail to certify your honour of what comes to my hand, referring the truth or falsehood to your wisdom. There is nothing worth writing of in Scotland, for there is neither true nor honest dealing among them, but only winning time to serve their own turns. Touching the King of Denmark coming to Scotland, I send inclosed what I have heard thence, "word bey word," taking it for what it is worth. "We ar verey ill used in ouer vittelles styll, wherof I have littyll comfort to compleyen, tyll I maye com to speake fase to fase." Berwick. Signed: Jhon Carey.

1 p. Holograph. Addressed. Indorsed. Swan wafer signet.

662. Sir R. Carey to Burghley. [June 19.]

Having received your letter of the 8th instant touching the Scots King's proclamations for prohibition of English cloths, wool, money, and such like, I sent of purpose to Scotland to learn the certainty, and have this day received the answer, which I inclose to show your lordship their intentions. It is thought here that the King's only object is to get himself some money of his merchants in order to buy them out again; for it is thought if they continue, they should hurt themselves "(there merchantes I meane)," more than any other.

On conferring with the mayor and customer here, they see no hurt than can arise in England thereby.

The 25th instant is the day fixed for exchange of the pledges at the West ford of Norham—where I shall have all things in readiness. If things are done as they ought to be, the borders will be in good quiet. When I last came down, Mr Secretary told me her Majesty was pleased I should return to Court after the commissioners had ended and pledges delivered. Therefore I mean by God's grace to do so, unless I hear from your lordship to the contrary. "I have litle to doe and gladly I wold be resolved what to trust to, which by returnyng to Court I hope to effect." Berwick. Signed: Rob. Carey.

1 p. Addressed. Indorsed.

663. William Clopton to Burghley. [June 20. 1597.]

Under your honour's warrant of 11 March last, I have paid 250l. to the Bishop of Durham and the commissioners, all but 17l. due Sir William Bowes, which shall be allowed him in payment of his arrerages and rents due her Majesty. Your second warrant of 10th April I did not pay, as the "imprese" was not demanded. Under your third warrant of 21st May last, I have paid the Bishop 72l., Dr Colmore 36l., but Sir William Bowes and Mr Slingesbie have not yet sent for theirs. The last allowance to the Bishop and Dr Colmore being 108l., it will please your lordship to answer to Mr William Fisher deputy auditor of Yorkshire, who will in exchange convey it to Berwick towards my assignment for the present pay, which will be very hard to make, for the "great dearthe and visitacion of the plague" in these north parts, where many of the Queen's rents are due. Sledwich. Signed: Will'm Clopton.

¾p. Addressed. Indorsed. Small wafer signet: shield quartered—1 and 4 a lion rampant; 2 and 3 a cross pattée?

Inclosed in the same:—

Note of the money paid as in the letter.

"Sir William Bowes allowaunce I purpose to detaine towardes the paiement of his arrerages and rentes, which are above thre hundrethe poundes." Signed: Will'm Clopton.

1 p.

664. Scrope to Sir W. Bowes. [June 22.]

"Brother Bowes"—though I had advertisement from my lord ambassador and you to provide the pledges in readiness by the 25th instant at the place appointed, yet I had no notice of the place till your last, and as the commissioners chose not at their departure to give me any knowledge of the heads of their articles, it seems strange to me that so distant a place from this March should be chosen, with such short warning to me. Understanding from them since, that the pledges were to be entered by the 1st July, and having prepared myself to follow this course, though it is almost impossible for me to perform it so far off, or to accomplish their chargeable desires, I will do my diligence to have the pledges ready, and supply what is then wanting afterwards. Carlisle.

1 p. Copy by a clerk. Indorsed.

665. Scrope to Burghley. [June 23.]

I inclose such news I have eveu now from Scotland. Under the Council's warrant I have summoned the Carletons "to make thire repayre up," and they give out they will do so. I would gladly have been personally present to answer, and have written very earnestly to Sir Robert Cecil to procure my leave, begging your lordship's furtherance. But if I cannot, I shall send a man of mine fully instructed in all the circumstances. Carlisle. Signed: Th. Scroope.

Postscript.—The Carletons will name no day for their departure, whereby I might provide "one to keepe that place," yet their friends give out they will trouble the frontier, so I hope your lordship will cause the soldiers to repair hither.

pp. Holograph; as also address. Indorsed.

666. Pledges demanded by Scotland and England. [June 25. 1597.]

Copy of the indent signed by Sir George Home knight and Mr George Younge, late commissioners for border causes, expressly sent by the King to perfect this indent: which was delivered to Sir William Bowes knight the Queen's ambassador to the King, and expresses the names of the pledges demanded by Scotland to be delivered at the west ford near Norham the 25 June 1597 at 10 hours before noon.

Tyndale.—Gib Charleton of Boughthill; Lowrie Robson; Lyell Robson; Rowy Milburne of the Cambe; Jock Dodd of Grenehaughe.

Redesdale.—Rob. Hall younger of Moncrethe; John Hall of Gressonfeilde; John Reid of Troquhane; Allan Heidley of Hatherweeke; George Wanlasse of Durtresse; Peircy Pott of Yeirdupp; Tom Coxson of the Woolawe; John Snawdon.

West March.—Wills Arthur Grame of Nederby; the Goodman of the Mote; Wills Georde of the Faulde; Tom Storie of Howend; Sym Taylor Ninian; Rowy Forster of Carsopfoote; John Grame of West Linton; litle George Haverington of Brunehill; Dands Quintiu Nixsone; Riche of Cancroupe Rutledge; Anthony Edward Armstronge of Wilzeton; George Bell of Bowbancke.

The Larde of Paston; Rafe Reveley of Hamilton.

To be delivered at the place aforesaid the day and hour named. "Signed:" George Home, Mr George Younge."

Item, follows the names to be delivered pledges for Scotland.

West Marches.—John Armstrong of Hollace; Jock Armstrong "Kinmonth Jock"; Georde Urwen alias "Kanghe"; Will Bell "reid cloke"; Hobby Urwen; Edward Carlyle of the Limekilne; Will Grame "Clothmans Willy"; David Johnston of the Reid hawe.

Liddesdale.—Symy Armstrong laird of Mangerton; Symy Armstrong young laird of Whittasse; Will Ellott of Larestane; Arche Ellott son to Martin; Will Ellott of the Stele; John Nixson of the Eshes.

Teviotdale.—Rafe Aynslay of Clythaugh; Jock Burne younger of the Cote; Rafe Burne; the Larde Frezell of Everton; William Hall; Dand Davison; Rafe Mowe of Mowe; William Tate of Cheretrees; Rafe Hall of the Sickes; Dand Pringle younger of Hownam; Jock Robson of Osnam; James Young of Feltershaw; James Younge of the Cove.

pp. Contemporary copy. Indorsed: "Coppie of pledges to be interchangeably delivered by the commissioners according to the indents."

667. Certificate by Lord Home, &c. [June 25.]

"At the West fourd beside Norahame the 25th of June 1597. The quhilk day Alexander lord Home commissioner derected frome the King his Majestie off Scotland to sie the entrie of the pledges appointed be the leat commissionares be effectuat be delyverie of the persones nominat at Edinburghe, and broucht to the sayd place be the Laird of Bukcleuche keipere of Ledisdell and Schir Robert Kere warden of the Medill Merche: lyk as also to heave resseaved the Ingleishe pledges frome the handes of Schir Wiliame Bowes leat commissionar, and ambassadour for hir Majestie: the saydes lordes commissionares metinge day and place abonwretene, for thayr first acte ordeined ane veue to be taikne of the pledges on athere syd quhairby thay myght knaw quhae were absent and quhae present; quhilk done one athere syd be some quha particularlie knewe theme be the face, thayr was fund absent of the Ingleishe syd, four of the pledges of the West Marche onlie: and of the pledges for the Scottishe syd, the haill nomber "that was nominat for the West Merche, togethere withe tua of Liddesdell and three of Tevedell. This donne, eftere some ressoning, Schir William Bowes imbassador forsayd, offered to entere the Inglishe pledges mane for mane, quhome the Scottishe commissionar sould nominat for his pairt: and seing thayr was some wanting upon ather syd, was contented that ane new day sould be appointed for the perfecte entrie of the absentes.

"This being thoucht ressonable be my lord Home, hee caused Schir Robert Kere and the laird of Bukcleuche to be informed thairof, quha war neir besyd withe thayr pledges. Thayr ansuere was, that in respect thay had hearme be dyverse wardenries, ane equall nombere of pledges was not ane sufficient suertie of redresse to thayr wardenries: and therefore desyred that the haill Inglishe pledges might be delyvered. Quhairupone my lord Home tuek occasione to repayr touardes theme him selff, and tuek withe him Schir George Home of Wedderburne, quha eftere certene speches to the effect forsayd preised theme withe ane derect ansuere.

"Quhilk ansuere my lord Home desyred myght be set doune in writt undere thayr handes: lyk as thay did to the effect falowing: to witt.—

"That thay were contented and offered to entere thayr haill pledges for suertie of redresse to the three opposeit wardenes of Ingland, provyding thay myght heave the haill pledges of Ingland delyvered of the thre opposit Marches for suertie of the harmes susteined be theme. The quhilk ansueire being imperted to the said Schir William, seimed wounderfull strange: neveretheles that all thinges myght be left in quyet, he was content to accept of that nombere of pledges quhilk thay had present, and to delyvere the haill nombere of Inglishe pledges quhilk he had thayre present to my lord Home, upone conditione that iff hir Majestie were not contentid thairwithe, the pledges upone nathere (fn. 7) syd sould be redely vered: and soe also iff the King his Majestie were displeised: lykwayes that iff the remanent nombere of Scottishe pledges were not enterid be ane certeine short day, se monie as thayr was meir of Ingleishe sould be sent hame.

"This also being shewed to the sayd keipere and wardene, thay still refused the entrie off thayr pledges: alledging that the rowe subscryved be the Laird of Wedderburne and Mr George Younge did not conteine the pledges that thay demandit, and that some were absent of the pledges thayrine conteined.

"The commissionares for baithe pairtes seing na bettere effect of thayr laboures, the day being spent, brak upe eftere thay had maid proclamationes that nane Ingleishe nor Scottishe sould molest otheres contrayr the peice, untill sik tyme the pleisure of the princes war furthere knawne … " Signed: Alex. 1. Home, George Houme.

2 pp. In a Scottish hand. Indorsed.

668. Sir R. Carey to Cecil. [June 26.]

"I cannot at lardge dilate" to you the proceedings between the four commissioners, for I think Sir William Bowes will shortly send your honor "the wholle discourse." But I will briefly relate their days work to you.

On the 25th hereof as appointed, the pledges for England were ready at the West ford of Norham. Sir William was there met by the Lord Hume and Sir George Hume—the Lord Eurye and myself staid with our horse and foot half a mile off; Cesford and Buccleuch doing the like.

The commissioners on both sides were willing to do justice: but Cesford and Buccleuch with frivolous delays held them off from 10 A.M. till 8 at night, and at last seeing ours ready to be delivered, and the commissioners pressing them, "then in playne tearms thei tolde theme that thei wold not delyver them, and that none els should delyver them, except the King him self did yt." Whereon their commissioners desired this answer in writing, which they had, and Sir William Bowes has got the copy. Then they both departed with their men, leaving Lord Hume and Sir George to end matters. Lord Eury and I being called, the King's commissioners told us how desirous he was for justice going on, as they were also, and would acquaint him with the conduct of his two officers, doubting not he would disgrace them. Then we parted, Sir William going south, and I to Berwick. I think the King will either deliver them to the Queen for contempt, or else they will "leape owt" as fugitives. If not, "ther is a further drifte in yt, then ys yet apparent." Berwick. Signed: Rob. Carey.

(fn. 8) I pray you acquaint my lord your father herewith.

2 pp. Addressed. Indorsed: "… Rec. at Grenewich the second of Julye." Swan wafer signet.

669. Henry Leighe, &c., to Cecil. [June 26.]

As directed by Lord Scrope, we repaired to the meeting yesterday at the West ford near Norham, with 8 of the principal pledges for the West Marches, who were "vewed" by the opposites, and for any we wanted, we offered present delivery of a better man, till we got the principal, expecting the like "correspondence" in delivery. The Laird Johnstone opposite warden, was not there nor any of his pledges for the West March; so there was no fault in us on Lord Scrope's behalf, as the Lord Eurye and Sir Robert Carye will testify. Berwick. Signed: He. Leighe, Richard Bell.

¾ p. Addressed. Indorsed.

670. Presentments Against Lord Eure. [June.]

Extracts.

Under 20 heads:—

1–4 are dealt with in his answer No. 652.

5. That he received 600l. or 800l. from Yorkshire to provide horses, but did not.

6. Arch Bell and Edward Young two of the horsemen, confess voluntarily that they brought this money.

11. That assistance was denied to John Browne "one of their fellowes."

12. That the lord warden has taken exceeding great fines from his tenants of Sturton grange, viz., of one whose ancient rent was but 40s., he took 48l. for fine, and raised his rent to 50s. Refused their goods offered in lieu of fines, and imprisoned some of them at Hexham, till they agreed to give fines—60l. for a farm.

13–17. The charges against Nicholas Weldon, "Black" Will Ridley, John and Lyonell Charleton, and William Shaftoe, are dealt with in Eure's answer ut supra.

18–20. Allows fugitives to increase by negligence. Seizes goods for his own use, not the Queen's—also those of honest men as well as felons.

2 pp. Indorsed partly by Burghley.

671. Eure to Burghley. [June 27.]

As directed by the commissioner and the ambassador, I in person conducted the pledges for my March to the West ford near Norham on the 25th instant, delivering them to the hands of Sir William Bowes, to whose relation of what followed I refer your lordship, where he wisely and stoutly discharged his duty. This delay gives me occasion to renew my suit for relief of this March, beseeching your lordship to vouchsafe to take the experience of Sir William Bowes thereon.

I also beseech you "to procure me leeve of the royall staite of hir Majestie and honorable table," to give my answer in person to these malicious slanders as to these 80 men under my charge, when I may also more fully make known to you the pitiful state of this March. I would farther know her highness's pleasure for their month's pay now very nigh, and for their continuance, as they cry daily for the same. Hexham. Signed: Ra. Eure.

1 p. Addressed. Indorsed by Burghley's secretary: "22 Junij 1597. …" Wafer signet as before.

672. John Brown's Reply to Eure. [June 28.]

"A brief colleccion of the principall poyntes of the Lord Eures answeres to the late inquisicion for Border faultes: with a short replie thereto."

Extracts.

[The first part consisting of 21 unnumbered heads, repeats the charges, combating Eure's answers in some detail. The 6th accuses him of slandering the county of Northumberland in saying they need the Queen's pay to incline them to honest courses, and to withdraw the headsmen from combining in secret friendship with Scots; and the writer proceeds]—"Yeat for myne owne parte, I thinck his lordship whose auncestour led our countrye, gentrye and comons, in that daye of theire great perdicion, himself also having tasted of our kyndness, of all others hathe least cause to note us with this odyous cryme. But your lordship and the honorable sages of England can well testefie, and our services beare recorde of our kynde affeccions to that honorable Sir Wm Drurrye, and all the governors of like worthe emongest us. And then Scotland made intercession for that which we nowe begg."

The 8th charges Raphe Mansfeild with daily haunting the "arche bloodye enymie" Sir Robert Carre, whose "alluringe, wakeryfe, highe and malycious spirit" the border feels.

Though the Lord Warden professes his desire to see good religion flourish, yet under the 21st head it is asserted he cannot deny that a "fellow" John Clarck the most notorious papist of the north, who has infected many of the gentlemen and their houses, and whose children abuse the poor ministers with open reproach and violent hand, has had access to the lord warden, and is now returned to his house at Alnwick where he and his children are made officers and rulers: which the Bishop of Durham can affirm.

Finally, though Lord Eure says he has answered every particular charge against him, Lord Burghley is requested to get his more direct answer to 13 questions.

1–4. Relate to the horsemen—days of truce—prosecuting fugitives, &c.

5. Why he denied aid and justice to John Browne upon his deadly feud and bond against that famous thief and murderer Jock of the Cote Scotsman?

6. Why he took assurance for his "cozen" Thomas Pereye at Cesford's hands and left out the said Browne?

7. His officer Raphe Mansfeild's allowing Mr Rotherford a Scotsman's flocks of sheep to pasture within his keepership, whose sons are known robbers of Englishmen?

8. The secret conveyance of Cesford by his lordship's most inward friends Ralph Mansfield and John Lisle to Topliff?

9. "How Sir Robert Carr came by that horse bought at Topliff for 55l. I take it, and which waye Sir Robert Carre was reconveyed into Scotland"?

10. Mansfeild his officer's carrying Englishmen into Scotland "to combat before Bawcleugh, where the one murdered the other"?

Lastly—for his suspicion against the gentleman porter of Berwick, and objections against Mr Woodrington, "I forbeare to speak"—their own answers and the general vote of the border show the value of their service and presence. "They are undoubted right Englishmen, neither of theym of noted disposicion to grace ane ill man, nor impugne aucthorytie in any sorte, but for the true service of the Queue, and the right and generall good of the countrye … And I maye bouldlie speak itt and justlie avoutche it to the moste worthiest, that they are twoe of the chief pillers upholdinge that dwyninge people, and the hononr of the Quene on those Marches, also accompted by the malycious enymies of this estate as theire noted adversaries." Not signed.

3 pp. Closely written. Annotated by Burghley. Indorsed by him: "28 Junij 1597. Jhon Browns replication to the Lord Eures answer."

673. Sir W. Bowes to Cecil. [June 29.]

By my letter of 26th from Chillingham, I reported the "successe" of our meeting for delivery of the pledges at Norham—the Lord Home and the Laird of Wedderburne then promising me, as the time served not, being 9 hours in the evening, and my Lord Eure and I having near 20 miles to ride that night, they would set down under their hands what had passed between us that day. For surety in conveyance thereof, I sent to attend them Mr James Swinoe one of the Queen's gentlemen pensioners in Berwick, who hath before served well herein. I send you a copy of his letter herewith, containing some things worthy notice, specially that this certificate under Lord Home and Wedderburne's hands, is a transcript of their report to the King. They have only left my desire unsatisfied in this, viz. "that I requested the verie copie totidem verbis" of the answer which Buccleuch and Cesford gave to the commissioners under their hands, both as it contains material circumstances, and also shows the direct breach of their promise therein, "namely, that yf I wold deliver all the pledges which I had there, they wold deliver suche as they had showed"—thus in that point salving their honour, "videlicet, that their offer was onely to deliver if they might have all the pledges, which word (all) beinge here left indefinite, did indeede plainely expresse all suche pledges as I hadd there showed." For this reason I made the larger offer of such advantage to them, "bicause I sawe them drawne into this dilemma, that eyther they should breake their promise, which I secreetly understoode to have beene by them made to their theives, which was that their should be no deliverie made of them, or els, that they should breake their promise instantly given under their handes." But as it is, this act will make them odious to their well disposed countrymen, as I saw by the "honest gentlemen of the Marce," to whom I laid them open "in calme tearmes" at my general speech on parting.

I also inclose your honor the letter to me from Lord Home and Wedderburne, intending as they desire, to return them a double thereof under my hand. It may please you to keep in safety their certificate and the letter, because they may be of use hereafter.

I have also sent your honor my uncle's last letter to me to show "what conceipt is hadd of the Kinges resolution in this deliverie, and indeede I was credibly enformed that he sent twice or thrice on Tuesday and Wednesday, immediatly after our leave taken at Fawcklaud, that Buckclugh should eyther enter his pledges or be committed: whereupon proceeded that earnest and partiall dealinge by the counsell with us in the matter of the pledges, certified to your honor in my former lettres, easely discoveringe their affection to this justice, and their cunninge abusinge the Kinges facilitie, both in this and more, to the detriment of both the nations."

I have told the ambassador of our meeting with all the speed I could, that he might "encounter" the first report to the King. I shall also send him a double of this certificate, which with Lord Home's letter came two days later to my hand than it should, by the negligence of the posts. By my riding three whole nights together on the borders for the necessity of this service, "I find myselfe distempered, so as yf I favour my health for fyve or six daies, I trust her Majestie will conceive no offence … From my howse at Bradley." Signed: Will'm Bowes.

pp. Addressed. Indorsed.

Inclosed in the same:—

(1) (Certificate by Lord Hume and Wedderburne.)

No. 667, ante.

(2) (Their letter to Sir W. Bowes.)

"Pleis your lordschip resseave frome this bearar this dayes work sett doune in writt, as it was promised, and subscryved withe our handes; quhilk we desyre yow to consedere of and returne ane double of the sammeine to use, subscryved be yow." Desiring your continuance of desire to justice and to expect a happy end though interrupted. 25 June 1597. Signed: Alex. 1. Home, George Houme.

(fn. 9) "Mony thiugis wold I hawe writtin unto yow, bot that necessetie ower rewllith my desyre, yow preessing speeddy advertesment. And I now hawing spent thairon this uthir nychtis watche, desyring yow thairfoir to be contented with that quhairwith I do not content my self, till laser may mend all."

½ p. Addressed. Indorsed: "… June 26, 1597."

(3) (R. Bowes to Sir W. Bowes.)

"Honourable sir. By some destemperance felte in my weake bodye at my retourne hither, and soone after my departure from you, I was dryven to take and keipe my bedd for 3 or 4 houres: wherin nowe I have (with Godes helpe) well recovered my healthe."

I have received to-day "confydent" news that the King of Denmark was lately in Norway to take order with his governors and captains of castles, to reform the disorders there—and thinking his sudden and covert repair thither, would best accomplish his desire, he gave out and pretended to pass into Scotland. But things in Norway being settled, he is back in Denmark.

It is told me by letter that the King has told Lord Hume to postpone delivery of the pledges for the West till Monday next, as Johnston cannot be ready till then. If any others hinder matters, "the King is resolute"—as I here tell you as near the writer's words as I can. I hope you will let me hear of your proceedings at the meeting to-morrow at the West ford near Norham. In other matters you shall "(with Godes grace)" be satisfied by my letters to be at London before you come thither. "At Edenburgh in hast the xxiiijth of June 1597. Your very loving unckle." Signed: Robert Bowes.

¾ p. Addressed: "To the honourable his very good nephew Sir William Bowes knight." Indorsed.

Footnotes

  • 1. i.e., are surnamed.
  • 2. The Scottish commissioners.
  • 3. Bowes.
  • 4. Note by Burghley.
  • 5. i.e., without.
  • 6. i.e., dealing.
  • 7. Athere?
  • 8. Holograph.
  • 9. What follows holograph of Wedderburne.