BHO

Border Papers volume 2: August 1597

Pages 373-394

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

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716. Provision at Berwick. [Aug. 1.]

"A declaration what graine and other provicions remaineth within hir Majesties pallace or office of victuelles, the firste daye of Augustij 1597."

Wheat, rye and meal; in all, 138 qrs.

Malt, 186 qrs., 4 "ken," 3 pecks.

Pease, 18 qrs.

Oxen and kine, 8; sheep, 72.

Fish: Wardhouse cod, 2,200. Signed: Thomas Clarke.

½ p. Indorsed.

717. Richard Swifte to Burghley. [Aug. 1. 1597.]

I have now almost two years spent my whole time making provision for Berwick, "and that with so great charge and trouble as I have not had the liek in all my lief before"; and though it has been very chargeable to her Majesty, from the great dearth and want of means, yet seeing I have done my best, and by myself and my friends provided money, "when I could not have it from her Majesty, to buy at the cheapest times and places, whereby no smalle matter hath ben saved,—as would soone appeere yf but half of that which hath ben bought this yeere weare now to buy," I trust your lordship will consider both of my own and my men and horses' continual employment, and the very great charges caused.

For Mr Vernon's "interteynment," part whereof you would have to serve for me: 338l. of it was paid last year to one Richard Clerk merchant of Lyn who had often petitioned your lordship for provisions supplied. The rest was paid by me to other like petitioners, at Vernon's request, and is all thus spent. Having wearied myself and my friends with "continuall taking up of money," I am not able to continue this service any longer, for want of money to make provision and defray my own "travail and charges," and crave to be dismissed, that I be not blamed if want fall out at Berwick after Michaelmas, as I fear it will, for then corn, unless "laied for aforehand, will not be had for money, as I have found by experience." When the books are made up after Michaelmas, I will be ready to account for this year, as I am now for the former year, "which accompt upon our oathes taken by a baron of thexchecquer," was long since delivered to Mr Auditor Comers, who has it fully perfected. Signed: Rich. Swifte.

1 p. Holograph; as also address. Indorsed. Wafer signet: a Pegasus.

718. John Carey to Burghley. [Aug. 2.]

The officers' of the palace have intreated me to send a packet of letters certifying their wants to Master Vernon, also your honour what store of victuals there is here, for your careful thought. They understand that Master Swifte is minded to provide no longer than Michaelmas, so they doubt the winter provision will be "bothe dangerus and scant." They have done what they can "near hearabotes in this conterey, wherin theye feynd them selves desperat and clearley voyd of all hope to be releved—so as this towen is shortley like to be in a prettey case, wiche is allredey belegard about withe the plage in so extrem a maner, as that it is in all the towenes in the conterey rowend about, even to the verey gates of the towen, so as we nether dare soffer aney of the conterey to come into us, nether dare we not kepe aney markett wherbey to have aney susteynans out of the conterey. So as beseydes beinge beseged withe the plage, in suche sort as we knoe not what towenes in the conterey is free, we ar like enofe to be well stored in the towen withe famin, wherof all the conterey is allredey well fornished … unlest ther be better regarde had for the provission of the palles then I see yett aney likeleyhud of … Out of the conterey we are to loke for no relefe, wiche is, bey the plage, the famine, and Scottes, allmost layed waste allredey." The town will never be helped without a governor sufficiently furnished with "honer and aughtoretey, the only remedey for maney mischeves. I wold to God the Queens Majesty did knoe howe muche she standes in hir owen leyghte to kepe me hear styll in this sort, and not to soffer me to com upe, if it wear bout for a daye, that I myghte treweley sertcfey her of the stat of this conterey—wherin I myghte do her better servis in an hower then I cane do hear in all the dayes of my life, and I ame shewer if her Majesty did but knoe in what pooer and miserabell estat this towen and conterey is in, she wold be content to forbear me hear a whill for her better instrucsion." Berwick. Signed: Jhon Carey.

pp. Holograph. Addressed. Indorsed. Swan wafer signet.

719. John Browne to Burghley. [Aug. 2.]

I humbly crave your favourable answer to my petition to the Council, touching my humble suit for relief in "a grievous deadlie fead," overburdening me and my poor friends, &c., whose estates, by the spoil of the Scots, and extreme charges in defence, are weakened and disabled; "with assistance to obteyne deliverie of Jock of the Coate, adjudged my prisoner in the last treatie … Humblie beseachinge your good lordship (for that I have longe attended here to my great charges, and by reasone of your lordshipes late syckness can with no reasone importune access to your honor), to perdone this boldness in presuminge to wryte, and voutsafe me your good lordshipes moste worthie and ever provident ayde for my relief in this busyness." Signed: John Browne.

½ p. Holograph; as also address. Indorsed by Burghley's secretary: "2 Aug. 1597. Mr Browne of Barwick to my lord." Browne dates it "1596 " in error. Small wafer signet with device.

720. Notes for Instructions to Commissioners. [Aug. 2.]

"Greenwich, August 2, 1597. Remembrances whereupon to drawe her Majesties directions to be given to the Bishop of Durham and Sir William Bowes."

Under 11 heads—incorporated in the next No.

1 p. Broad sheet. Official fair copy. Indorsed by Cecil: "Articles for an instruction for Sir W. Bowes."

721. Instructions to Sir W. Bowes. [Aug.]

Directing him to repair to the North and appoint with the Bishop of Durham a convenient place near the Border for delivery of the pledges on both sides, summoning the English wardens to attend with theirs: as the King has offered to have his wardens ready to deliver the Scottish pledges in exchange, and promised that if any pledges are lacking, the warden himself shall be delivered to the Queen. If any English pledges are missing, the wardens to have others ready for delivery in their room. As the Scottish Council write that the Scottish warden of the West March "is remooved" who should deliver the pledges, a long day may be taken for that March. But for the Middle March there is to be no delay, and the wardens are to agree on a day, "fitt for the Queene to lymitt the Scottish King to be ready." For the disorder in the Middle March and dissension between the warden and principal gentlemen: the Bishop and Sir William are to let Lord Eure know her Majesty's sorrow at the state of affairs, her unwillingness to condemn him, and that she has appointed them personally to hear the complaints so made, and if they find they have been greater than there is cause, through misunderstandings and unkindness, they shall (with due regard to the main points concerning the Queen's service) use their best diligence and discretion to reconcile the differences, "by making ech others to know theyr errors aparte." They are also to let him know that though the Queen has hitherto found little benefit to the country, by the support given him, yet she will allow 20 horsemen besides the 80: and finding how apt the country is to throw imputations on the warden, she means to choose two fit persons to be captains of the horse divided into companies of 50, and those to be looked out for her choice by the Bishop and Sir William. Above all things, they are to examine the complaints against Mansfield and those who received Carr, so that if proved, "they may be made examples." Also to look into the truth of the defaults of the keepers of Redesdale, Tynedale, captain of Bewcastle, land sergeant of Gilsland, and steward of Brough, taking order with the wardens. Also what horses Lord Eure has to supply the "new band" of 100, and how to make up deficiencies.

Also to see that the wardens observe the meetings according to the late treaty, for redress—and finally, to take order for places to keep the pledges,—those for England not to be carried beyond Edinburgh, and those for Scotland "on this syde Yorke, yf it may be."

pp. Official fair copy. Indorsed: "August 1597. Instructions for Sir William Bowes to be imparted to the Bishop of Durham."

722. James VI. to Scrope. [Aug. 3.]

Signifying that he has sent to him his trusty councillor Sir John Carmichael of that Ilk, to confer with him on the best means of redress of offences committed on the West March since the dissolving of last commission. Falkland. James R.

1 p. Copy by Scrope's clerk. Addressed at foot. Indorsed.

723. Eure to Cecil. [Aug. 3.]

Referring to the slanders against him, declares his conscience is a better testimony of innocence than 24 witnesses—begs Mr Secretary's mediation in the meantime with her Majesty.

On Monday last the 1st instant at Sir Robert Kerr's request, they met near Stawford, where Sir Robert protested his willingness to serve her Majesty by quieting the Borders. Desires Mr Secretary and the Lord Treasurer to let him make it known "by secrett worde," not choosing to put it in writing,—and wishes leave to repair to him for this purpose. Hexham. Signed: Ra. Eure.

Begs Mr Secretary and the Council to support him in taking revenge of Buccleuch's continued malicious courses against his March.

1 p. Addressed. Indorsed.

724. Eure to Burghley. [Aug. 3.]

To the same effect as preceding No.—giving his reasons for meeting the Scottish warden more fully, and his wish to impart their conference verbally to Burghley. Hexham. Signed: Ra. Eure.

1 p. Addressed. Indorsed.

725. Thomas Parkinson to Burghley. [Aug. 3.]

The occasions of the variance and dislike betwixt the governor and the gentleman porter, as I credibly understand, are chiefly these. First,—Upon the coming of the Earl Marshal, Lord Hume, Sir Robert Carr, &c., "near unto hws," the gentleman porter spoke to the clerk of the watch to cause the "scowryors ryed the boundes with jack and speare," that if any of these lords came near to view, they might see some provision in good sort—"wych was nott in enye other mans hede, and is generally hear comendid." Second—Mr Porter meeting the watch one evening, thinking some of them unfit, told the clerk to be careful to place a sufficient watch, asking the whole number that did watch, a thing well known to all the captains, officers, and others. "Howbeit this is nott well tacken by Mr Governor, whitch truly is wondorfoll." The third cause is the works here, which I think Mr Porter as yet has little looked into. A friendly conclusion of this is to be wished, for "truly to speack my consciense, the gentilman porter is a man that may yll be wanting in this plaise, and a man that no man can towtch. I wishe a good agrement, whitch I cannott se howe yt can be—unles hir Majesty send down some nobill man to be governor here. I will forbear to complane of the intolerabill abwces and this yere more then ever: and I se nothing towardes this poor town and contrye bwtt ruinn by oppreshion. I pray God Almighty pwtt in to hyr Majestys mynde to send som good governor in tyme for remedye of the lamentabill estait of thes partes." Berwick. Signed: Thomas Parkinson, maiour.

1 p. Holograph; as also address. Indorsed: "4 Aug. 1597 …"

726. William Selby to Cecil. [Aug. 4.]

Acknowledging the Council's letter on the dispute between Carey and himself, an answer to which letter he incloses. If the information by Carey is true, he deserves no favour at the Lord Treasurer's or Cecil's hands—as when he sued for his place, the former was pleased to offer bond for his behaviour, and Cecil moved the Queen for his preferment to it. Berwick. Signed: Will'm Selby.

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

Inclosed in the same:—

(Selby to the Council.)

Denies the accusations made by Carey, recited in their lordships' letter to him. If true, he admits himself worthy of great blame, for he cannot plead ignorance how he should behave to his governor. He has served the Queen and her "prejenotors" in England, Scotland, France, Ireland, and the Low Countries, for 48 years, has commanded horse and foot, governed towns, and served under several governors in Berwick, and never till now was charged "to be contencious, disobedieant, whisperinglie," or otherwise factious against his governor or commander, as now he is charged "in generell woordes." Humbly beseeching that he may be charged "in pertecelers," and so brought to trial, when if not cleared he offers to submit to due correction. Concerning the matter on which Carey grounds his complaint, he has sent "the very truth" inclosed, to show his lordship that he, not Carey, had cause to complain, and only forbore it, on Carey's sending to him to say, that if he would "lett the matter fall and not writt theirof," he would do the like—yet he wrote secretly, sending his letter by his servant "to the nixte post, and not by the hordenerie post," lest Selby should know.

The only "perticuler" between them that he knows of, is that Carey cannot endure his looking into or meddling with any faults or abuses in the town. So if her Majesty and the Council free him of blame for neglect, he will meddle with nothing but the security of the gates as appertains to his office. Berwick. Signed: Will'm Selby.

1 p. Addressed. Indorsed. Wafer signet: faint.

727. John Carey to Cecil. [Aug. 4.]

"I understand bey my lord my brother, howe muche I ame bowend to you in youer honorabell faver towardes me in a matter lateley fallen out betwen the gentyllman porter and me; wherbey I cane no waye requeyt youer honorabell keyndnes but bey my love and dutyfull willingenes ever redey to doe you aney serves wherin you shall imploye me: withe assewerans that nether youer honer nor aney other shall ever defend a bad matter for "me, nor reseave disgrase in awenseringe my caues. I shall thinke longe to doe you sume exceptabell servis, in requeytall of youer honorabell favers undeservedley dune to me—and so good ser, belev of me.

"The newes hear is onley that Bucklughe is at libertey uppon causion to deliver into the Kinge his pleges—and that Jhonston deneyes to deliver his, for that he is feeded withe the Maxwelles, and dares nott deminishe his strenghe bey deliveringe his frendes, but offers to render his offes to the Kinge, and he to putt into it whom he will. The Kinge himselfe likewayes makes great sheawes of justes, but I fear all is but cuninge to win tyme," for they are continually riding and committing outrages on all hands. Berwick. Signed: Jhon Carey.

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

728. Sir R. Carey to Cecil. [Aug. 4.]

"By your last letters you gave me to understand that I should take no hould of your speachis conserninge her Majestys giveinge me leave to cum up after the commition was endid. Your honor may assure your self I will dooe nothinge that shall be ether displeasinge or offensive to you, allthoughe I be by this meanes voided of clayminge the Queenes promis: yeat suche is my state and hard fortun, that ether I must perrishe vnder my burthen by continewinge heare as I dooe, or els I must hazard to cum up, and indanger her Majestys fearfull displeasur, which will be worce to me then dethe. I feare to seake leave is the way to lay a straygther commandment of me to continewe wher I am, and to stay heare aney longer as I am, in good faythe will be to my utter overthrowe and the discredit of her Majesty servis, which I esteame so deare, as I choose rather to commit my self to her Majesty pleasur, hopinge in her mersey, then to run into an imminent danger, which want of mayntenans will drive me to, if I seake not with alle speade to releave my self." Besides my duty here, I have to acquaint the Queen and your honor with the misery of the country, and how to amend it without charge to her or the country, "and in suche sort as never borderers lived more hapier then thay shall dooe if my counsell may be hard and folloued." If I wrote "my meynd, it may be gaynsayd, or greater occations may make it neglectid," but when I am there I will make it so plain as to be easily granted. A better time to come up I could not have chosen, for this border is quiet and "never les stelinge in." I leave a "very sufficient" deputy, Mr Rafe Ker of Fourd, and my brother will assist him for defence with horse or foot—but I hope there will be no need. "The premesis considred, I meane by Gods grace, to be very shortly with you, hopinge in your honors favour, that if for my contempt the Queene be muche offendid, you will in your accostomid goodnes, dooe your best to soften her displeasur, and I dooe not dought but by that teyme she shall knowe the resons that moved me to cum up for the great good of the cuntrey, she will thinke me an honist man and pardon any contempt." Berwick. Signed: Rob. Carey.

1 p. Holograph. Addressed. Indorsed.

729. William Selby to Burghley. [Aug. 6.]

I most humbly beseech your lordship not to condemn me on any information against me from Mr John Carey, for he has taken such hatred against me without cause, that I hear he will do me all the hurt he can. "Yea so much he told me (in effect) to my face."

The first ground is [Here he describes the visit of the Earl Marshall, &c., to Lord Hume, and his orders accordingly for good watch as in No. 690.] The second [his complaint of the feeble watch and question as to their number as in same]. The third cause of offence is, my telling him your lordship found fault with the cost of the works here, and we were all blamed for it, with the answer I gave you.

These, I assure your honor, are the grounds of his displeasure, especially my asking the clerk of the watch their number, which is known to all the captains, officers, clerks, &c., here that have watched, which I hear is more than 200 men.

His threatening me that he would be even with me, and that he would have wanted the fingers of his hand to have me as now, and wishing he had a weapon, with other hard dealings, "I will referr" till I know the charges, and come to answer. "Yf I have offended, it hath been in concealinge and too much tolleratinge the abuses of this place, committed by him." Berwick. Signed: Will'm Selby.

1 p. Addressed. Indorsed. Wafer signet: shield, Selby arms impaling another (quartered) coat.

730. Sir R. Carey to Cecil. [Aug. 7.]

I find by letters from Mr Bowes, the King's willingness to justice and offers to her Majesty, which makes me think we shall have great quietness henceforth.

I hear also the King has referred the time for interchanging pledges, to her Majesty. "Sure sir, it were very expedient … that the pledges might furthwith be delyvered: for nowe present begynnes the tyme of the yeere that theves wilbe most busyest, and if quick delyvery be made, nothing will more terryfye them, and make them forbeare … Theis occasions will cause my staye here till I see what will becomme of all thes proceadinges. And thei being once ended, I hope I shall with lesse offence to her Majestie returne to Court to seeke my dischardge, or a better assurance." Berwick. Signed: Rob. Carey.

¾ p. Addressed. Indorsed. Swan wafer signet.

731. Scrope to the Privy Council. [Aug. 9.]

On receipt of your lordships' letters as to sending up Andro Grame and Thomas Armstrong, I signified your direction to them. Whereon Grame earnestly asked if I was to go up or not, and if the Carletons and Grames were to be then tried fully of the offences they charged them with? I replied, I could not satisfy him, the matter being only in your lordships' wise determination. Whereon, he said that if he was only to be re-examined in the cause whereon he had already been three or four times before the Bishop of Carlisle, &c., he thought it had been certified to your lordships "or this." And if I examined him again before some of the justices of peace of the country, he would willingly re-affirm all he had said, which he thought might serve till your lordships please to bring the "parties" to trial, when they both, with myself, will be ready to attend your lordships.

The said Armstrong, within the last 14 days has heard of the murder of his brother Rinion Armstrong near to Askerton castle where Thomas Carleton dwells, and has been sore troubled in mind, and in manner distracted: so "I have had moch to do to appease him in his sayd furie, and now (I thanck God) he is in som reasonable sorte recovered: yet not very able at this tyme to travell"; and agrees to the like course with Andro Grame.

This Andro was the first man that voluntarily offered to inform me of the secret, assuring me that none in all England (except the 2 Carletons and 2 Grames) could tell of it "save Thomas Armstonge." So keeping Grame close, I apprehended Armstrong, and a fortnight after examining him on other matters, I asked him where he was "such a daye"? (being the day all the faction met at Archerbeck in Scotland)—he said "he was at a place in Gilsland. " Whereon I said he dissembled, for I knew he was riding that day with Thomas and Lancelot Carleton, and met Brakinhill and Wills Jock at Carwinley: at which words he prostrated on his knees, and sayde 'none could have told your lordship that, but the traytor Andro Grame'; and upon that, he began and in every matteriall point he accorded with Grames first speech."

I send herewith one George Hetherington, who will I trust inform your lordships that Thomas Carleton and the other Carletons were the chief occasion of all the Scottish spoils last summer in Gilsland barony, now her Majesty's.

The said Andro Grame and Thomas Armstrong have not charged the Carletons and Grames with any offence, except conspiring for breaking Carlisle castle and taking out Kinmont. Carlisle. Signed: Th. Scroope.

2 pp. Holograph; as also address to the Council. Indorsed:"…

Lo. Scrope to my master …"

732. Sir W. Bowes Petition. [Aug. 9.]

By the Council's letter, he was commanded to attend the commission for Border causes when warned by the Bishop of Durham: the bishop "peremptorily" called him, and he set out for his house in Derbyshire on 8th November last, repairing first to Auckland then into Northumberland, whence he reported the state of the Marches to the Lord Treasurer. Since that day "till this present" the 9th of August, he has been continually employed at Berwick, Carlisle, in Scotland, being twice called up to the Queen's presence, and "is to receyve new instructions for his repayre agayne to the Borders." Wherein already 274 days are past, viz. 52 days in Scotland, from the 5 of May till the 26 of June."

The charges already expended by him in this service, "as he is well able to showe," amount to above 600l., whereof he has only received 33l. of Mr Clopton. He humbly petitions the Lord Treasurer, in respect of his "longe employmente, great charges, which before this service be done, is like to mount to neare 500l. losse, and his great dammages in neglectinge of his mynes, sutes, &c., to give order to Mr Skinner to deliver to the said Sir William imprest monie 300l. upon accompt. And that his lordship would be pleased to procure her Majesties gracious allowance of 40s. per diem since his entrie into Scotlande, to the ende of this service, to the better supporte of his decayed estate, to be made fitt for her highnes service. Or if her Majesties warrant shall not stretch so farr to Sir Williams releife, his humble peticion to the Lord Treasurer is, that where one Anthonie Arrowesmithe of Eglestone, dependinge upon the lordship of Rabie, by his late attainture of fellonie, hath forfeyted his lease of Eglestone into her Majesties hands: his lordship and Mr Chauncelour of th'Exchequer wold graunte the said lease to Sir William for some reasonable fyne, accordinge to the true valewe thereof, to be notified unto them: which, in respect he is her Majesties stewarde and constable of those landes, besides the regarde of his expences in her Majesties service aforesaide, he hopethe will be founde reasonable."

Note—For 274 days from 8th Nov. till this 9th August at 20s. per diem(deducting 52 days in Scotland) 222li.
52 days (5 May till 26 June) in Scotland @ 40s. 104li.
Sum total 326li.
Whereof received of Mr Clopton, 33li.
So remain 293li.

2 pp. A broad sheet. Indorsed: "xj Aug. 1597. Sir W. Bowes his petition for his diettes."

733. Scrope to Cecil. [Aug. 10. 1597.]

The opposites, with a great number of the disorderly dependers on Buccleuch, had assembled for another great attempt, prevented by the late "extremitye of wether," and I having mustered a sufficient number of men "aboute a purpose," likewise disappointed through the "contageousnes" of the weather: the Laird of Carmichael came hither by the King's special directions, to confer with all the officers and borderers opposite, not only to free all prisoners made, but to make full redress of all cattle, sheep, &c., whatsoever taken at the late rode of Gilsland—" (heare ys large promises, but I feare me they will bringe foorthe poore meaninges)," and finding his great willingness to labour to effect the same, and that he desires for 5 days to journey among the officers, &c., I must be content to stay any incursion, trusting to hear from him with a full answer.

Last week, the Gilsland Bells and others spoiled, made a rode in Scotland, bringing off some cattle. One special man was hurt, rather thought to be killed, another brought prisoner to England. I have apprehended two of those who spoiled Gilsland, and hope to make use of them, if Carmichael cannot perform the King's promise. And if the Scots continue their wished incursions, I must be forced (as often before) to desire your good offices in sending hither the captains and their companies with all expedition.

And if this hope of peace by "Mr" Carmichael's protestations shall prove true, which I rather attend to, in hope by your good means and my lord your father's to have leave to come up, and then satisfy all your honors of the Council on the matter betwixt the Carletons and me, if all I have hitherto done may not suffice—I presume to stay the witnesses till my own coming. But I send you the man who all this time has had the custody of Grame and Armstrong, to satisfy you by his presence if any such violence has been used to make them accuse the Carletons (as the last have alleged); also one Hetherington a witness against them for resetting George Simson a Scotsman, before and since the Gilsland murders and incursions.

I have sent some farther matters touching the Carletons and Grames to my lord your father, whereof I hope he has acquainted you. I have a man in Scotland, on whose return I hope to know the "drift" of this Mr Carmichael's employments, whereof I shall inform you both. Carlisle. Signed: Th. Scroope.

pp. Closely written. Addressed. Indorsed.

734. Scrope to Burghley. [Aug. 11.]

I have written "somwhat" to the lords of Council in general as to my not sending up the witnesses against the Carletons and Grames now. But as I have always "layde open" more largely to you than any other councillor, "what I could urge against them," so have I found you "more strickt" towards their offences, for which I am greatly beholden.

For my excuse, the true cause of not sending them now proceeds of my hope to have leave to come up my self, and they with me, by your good means: when I could be present at the examination of the wrongs done me, and then clear myself I hope.

"As also in a more perticuller, to conclude with your lordship about those matters, wherunto I finde a good inclination in my boye since his coming downe, if the same shall seeme so convenient to your lordships selfe, and the partie; a coorse in which is my most wished desire, so standing with your lordships good liking."

I hope my leave shall be easily procured, if this peace go forward here, wherein Mr Carmichael is the worker, also, as "Mr Richard Musgrave hath bene a longe suter to be my deputie here, upon notice of your lordships good liking therof, I can very well agree to authorise him—but not otherwise."

I send up the man that was keeper of the witnesses Grame and Armstrong, to show your lordship their usage since they first came to me: and that they were not forced (as alleged) to accuse the Carletons, "by any extreame manner whatsoever, or other promeses of rewarde"; also one George Hetherington, a witness against them for reset of George Simson Scotsman, before and after certain March treasons. Carlisle. Signed: Th. Scroope.

pp. Holograph. Addressed. Indorsed. Wax quartered signet: broken. Notes by Burghley on flyleaf as to the Musgraves, Carletons, &c.

735. Scrope to Burghley. [Aug. 15.]

I hope your lordship is satisfied with my not sending the witnesses, for the reasons in my last,—chiefly, as for the good redress assured by Carmichael for the late "hurts" in Gilsland (and we have had none other of any moment), and the peace and quietness like to ensue here—I may have leave to come up and bring them with me, "if so your lordship will yet have it—which under favour (mee thinckes) should not be necessarie, for that I perswade my selfe your lordship sees the truth of every particuler by those examinations remayning with your lordships of the counsell, and other circomstances better knowen to your lordship in perticullar, as those lettres of Baclugh, the true coppies wherof I have sent unto you lordship: and yet I could and shall manifest more whensoever I shall have fitt occation." Meanwhile I must tell you I fear some mischief when I send them; for it being "bruted" they were on the way, I hear that Ambrose Carleton and others lay in wait for "three dayes together at Spitell upon Staynemoore and other innes," with intent either to rescue them or practise some "cuning plott" with them. This being secret, I cannot prove but by their lying in the way "having noe occation," which I think you will account sufficient; but that they so lay "well horsed and provided for som such exploit" I can prove beyond denial.

This "accident" and my other reasons I leave to your consideration, humbly desiring you will "hasten to send sharpe sencure of thire offences: the rather for your lordship and Mr Secretarye have allwayes thought those examinations (soe often confessed before my self and other justices)—sufficient recorde for proofe without any necessitie of the witnesses in persons; which oppinion (let mee still be bound to your lordship) to retayne, and accordingly to proceed to a finall end, not yeelding by thire clamors (which is nought but clamor) to serche further into the matter, which is as playne as playne may bee: in which dooinge I shall never forget to do your lordship any office of love or service that tyme and occation may minister."

I am of late advertised "by one neare her Majestie" that her pleasure is to send them home "justified." If true, it will be vain "for any to sit in my place of governement … For myne owne part, I rather desire a most private life, then such dishonored regiment." My refuge is only in your lordship, and my honour lies in your hands, trusting to find you the patron of my just cause, by their sharp punishment and disgrace—"for justice can do noe bodie injurie." Carlisle. Signed: Th. Scroope.

Postscript.—I inclose such Scottish news as are "extant."

2 pp. Holograph; as also address. Indorsed.

736. Scrope to Cecil. [Aug. 15.]

On the Laird of Carmichael's "now" return from Scotland, I find the great pains he has taken with Buccleuch and others to accomplish the King's special commands, to free all prisoners and make full redress for the goods, &c., taken from the Bells of Gilsland at the late incursion. Proclamation has been made for unconditional release of the prisoners, and for answering the bills sworn to in Carmichael's presence; and 2 Scotsmen are delivered to remain here till these matters are fully accomplished to the complainers' satisfaction. I herewith inclose a copy of the indent between the Laird of Carmichael and me, intreasting you to acquaint my lords of Council therewith. The Laird has very earnestly intreated me to meet with the Laird of Buccleuch, to hear what he will say, "whose desyre I have not contraried."

To-morrow he takes journey to Lord Eure at Hexham, whither I purpose to accompany him, and come back here with him, before he returns to the King. Carlisle. Signed: Th. Scroope.

1 p. Addressed. Indorsed.

Inclosed in the same:—

(Indent with Carmichael.)

Indented at Carlisle 15 August 1597 betwixt Lord Scrope lord warden, &c., and Sir John Carmichael of that Ilk knight, "for the bill of Gillsland" committed 20th July before.

"For the whilk bill, aswell for the freadome of all the prisoners their suerties and casioners, as also for the payment of the wholle goodes and geare sworne by the parties offended and lykwise indented: the sayd Sir John Carmighell knight haithe entered and delivered unto the sayd Lorde Scropp Sime Armestrange of Maingerton, and John Scotte servant to Sir Walter Scotte of Brankxhame, and haith borrowed (fn. 1) the same to remayne at free warde within the citie of Carliell aye and while they obteyne the said Lord Scroppes lycence, and not to departe without the sayd Lord Scroppes lycence had and obteyned thereto."

½ p. Copy by Scrope's clerk. Indorsed.

737. Conference of Eure and Carmichael. [Aug. 17.]

The effect of Sir John Carmichael's conference with Lord Eure, before Lord Scrope and Mr Richard Lowther on Wednesday 17th August 1597.

Certain notes set down at Hexham, betwixt Lord Eure lord warden &c., and Sir John Carmichael of that Ilk knight, "taking burden on him for Sir Walter Scott of Brankisholme knight."

That the said Sir Walter Scott "sall cause make proclamacion thorowe all his office, that na man sall take upon hand to ryde in England," specially within Lord Eure's charge of the Middle March: "(and gif it sall happen as God forbid it doe), that anie offence be committed by anie within the said Sir Walter Scottes office or landes or name, upoun notice given by the said Lord Eure, bill or bills being sworne immediately within xij dayes after the recitt of the said note, deliverie salbe made; and gif the partie interest cannot file the bill according to the common order, the said Sir Walter sall doe his diligence to trye whether it be foule or cleane, so far as in him lyis—not that he salbe bound to file or cleane it upon his honour, but so farr as he can learne, and that to be done bona fide—and in the meane tyme, all thinges to stande in quietnes while there Majesties pleasures be further knowne."

Likewise all attempts done since 6th August instant by any within Sir Walter's office or keeping, shall be satisfied, and delivery made within 12 days after delivery of letters, or demand by Lord Eure. Carmichall.

1 p. Official copy. Indorsed by Cecil's clerk: "The effect of the conference betwene the Lord Scroope and Sir John Carmichell."

738. Eure to Cecil. [Aug. 18. 1597.]

I received your letter of the 10th August on the 15th, importing the delivery of my letter to you by my son, the Queen's command to Sir William Bowes to inquire into the "presentment" against me, and that you should get knowledge from me of Sir Robert Kerr's "overture," instead of my repairing to Court "as yet." My delay in reply arose from Sir John Carmichael coming hither by the King's command, he and Lord Scrope being here from the 16th till to-day, when they departed.

Sir John made known to me in presence of Lord Scrope and Mr Richard Lowther, the King's direction to him to repair to the Borders and publish his proclamation of peace, on pain of death "and his further displeasure"; requiring the same from those in my government.

He offered in behalf of Buccleuch, the strict performance thereof, with restitution of justice for all future attempts committed by any of his office, "requiring a presente and personall meeting of my parte with the Laird of Baclughe, not for deliverie of justice—for that he thoughte there was little to be demaunded since the Kinges proclamacion—but that by the apparaunce of our meeting the wicked might be awed to forbeare their cruell and furious attemptaites—this is the full effecte of Sir John his message."

Whereto I answered, that the indignity to her Majesty should first be satisfied, also the murders, &c., done by Buccleuch, redressed, and then if her Majesty pleased, I would meet him in peace or otherwise—thinking it better for us to meet and "give a stroke of justice att that meeting" to deter the wicked from their practices and comfort the distressed English—and I named one or two of Buccleuch's last incursions in my March.

He replied that his commission did not allow him to deal in such cases, only to command future peace, and promise future redress, leaving others to the commissioners. Whereon he and I subscribed interchargeably a brief conclusion, which I send your honor hereinclosed, and the personal meeting was deferred "till some stroke of justice bee had."

These offers of peace from Buccleuch are but for fear of the Queen's "royall revenge, not for true love of justice nor speciall favoure to the Englishe: the which I leave to your more honorable consideracion, fearing Baclughe is a tyme taker."

Sir Robert Kerr at our secret conference, signified the impossibility of divers borderers making satisfaction for bills filed on them—the discontent of others at giving pledges for such impossible redress, which he feared would hinder the King's desired course of peace and his own—also he knew divers evil disposed who would "brangle" that estate and not spare their labour to effect it. He assured me, if the Queen showed him favour, he would not only tell her who these "disturberres" were, but would show how to suppress them and be an actor himself therein. He also promised to purge himself of all former complaints against him, to continue peace while in office on the borders, and do her Majesty extraordinary services in Court, making known those who oppose her.

He begged me not to put these heads on paper, in case it turned to his blame, but to present them by word of mouth to her Majesty or such one of her Council whom it pleased her to depute—promising on her acceptance he would find means that the King should employ him as a messenger to her Majesty, craving meanwhile her honourable promise of his safety, and he would hereafter satisfy her of all particulars, and other things whereof he would not acquaint me, yet should all be available for her Majesty's honour.

I humbly beg this letter may only be seen by her Majesty, or by whom she pleases to commit the secret besides your honor, and that my credit may be reserved.

He craves indelayed answer to this message, which I pray may be speedily remembered: I enter into no commendation or approbation of his offer. Yet he is a principal man, a warden, having the King's ear and love as one of his chamber: "the strengthe of the nobilitie in Courte, with the Lorde Hume on the Borders, the malice and offence betwene Baclughe and him: he as I say, is one and the likelieste to procure and continewe a peace and setled goverment, and a principall meanes to overthrowe the disturberres of the peace and evill disposed, with the easie charge to hir Majestie and honorable contente." Hexham. Signed: Ra. Eure.

2 pp. Addressed. Indorsed.

739. Scrope to Cecil. [Aug. 21.]

Both in respect of the King's letter to me, copy whereof is inclosed, as also from Mr Bowes the Queen's ambassador, and the earnest soliciting to me by the Laird of Carmichael, alleging that no dealing will take effect to the pacifying of the Borders, "withowt my personall meatinge with the Lairde of Bucleughe:" and specially as the Queen's good pleasure was to retain in her own hands "the repairing of that prowde indignitye" against this her castle, wherefore I have her Majesty's letter: I was moved yesterday to keep a meeting with him "contrarie my mynde," but as he came over and met me in England, I could not well refuse to hear what he would say. And therefore have for the present "condiscended" for Liddesdale, as by the inclosed indent will appear, "leaving the holdinge hand" to any further dealing otherwise than it shall please her Majesty and the Council to direct me, whose good pleasures I desire with all possible haste.

The redress for Liddesdale is but on trial, and as the West Marches are now without a warden, and greatly annoy this border, I right heartily intreat you to hasten the captains and their companies hither. Carlisle. Signed: Th. Scroope.

I also send copy of the consents of those taken prisoners and spoiled in Gilsland.

1 p. Addressed. Indorsed: "21 Aug. 1597 … R. at Havering the xxvijth."

Inclosed in the same:—

(Indent with Buccleuch.)

"Indented at Cannonbie holme the xxth daye of August 1597, betwixt the right honorable Thomas Scroppe knight, lord Scroppe of Bolton, lord warden of the West Marches of England towardes Scotland, and the right honorable Sir Walter Scott of Branksholme knight, lorde of Lyddesdalle."

First.—The said Sir Walter obliges himself, not only that the Laird of Mangerton, already entered for the relief of the prisoners, and redress of the goods, &c., in the bill of Gilsland sworn before the Laird of Carmichael, shall remain in Carlisle till the prisoners are delivered and the bill satisfied: and as the said Sir Walter entered one John Scott his servant likewise for the bill, Lord Scrope is pleased on Sir Walter's "mocone," that he return home, another sufficient man being entered in his place "upon Tuisdaye come eight daies" the 30th August, to remain in the city without departing or escaping, until the prisoners be freely released, and the bill satisfied according to the King's special proclamation.

Second—it is agreed between them that for release of the prisoners and redress of the goods, &c., a meeting shall be kept at Creshoppe foot on said 30th August, to make delivery of such goods, &c., as can be provided, before their deputies.

Third—that for all offences, &c., committed since the last commission dissolved, between England and Liddesdale respectively, the bills shall be made up and enrolled against the said day, and interchanged, and a future day for redress set down: and likewise the names of the several outlaws of England and Liddesdale shall be delivered "ower." Scroppe. Baclughe.

pp. Copy by Scrope's clerk. Indorsed.

740. Scrope to Cecil. [Aug. 28.]

According to the Queen's pleasure I have made proclamation "for the staye of theft," so I hope we shall have quietness, though I know not for how long.

In obedience to the Council's letter, I have sent the witnesses "with as great expedition as ever I could: the lettre was seven dayes a comminge." Assuring myself still of your "inmutable" favour in my just suit. Carlisle. Signed: Th. Scroope.

1 p. Holograph; as also address. Indorsed by Cecil's clerk: "27 Aug. 1597 …"

741. Scrope to the Privy Council. [Aug. 28.]

I perceive by your lordships' letters of 16th August, that you are not satisfied with my reasons for not sending up Grame and Armstrong, as I had hoped, thinking you would have weighed as much their examinations, as their testimonies in person—being taken "4 severall tymes" before myself and other justices, "allways agreeing in one, save before the comissioners"; the cause of which difference, with all the examinations, are already with you. My usage of them also, wherein I dare boldly say, with submission, there is nothing but common and honourable course of justice, "and most playne evidence of thire not to be favored misdemeanours." Yet in performance of my duty and reverent regard to your lordships' wisdom, I shall with all dispatch I can, convey them to your lordships, reminding you meantime of Hetherington's testimony, whom I have already sent up, as to the spoil of Gilsland by means of Thomas Carlton.

Now as it seems they exclaim and weary you with their clamor of my malice and their innocence, my proceeding against them on persuasion of the Bells, and not from just occasion offered to myself—I will desire leave to acquaint your lordships in part how I have been dealt with by them since I entered on this government.

"Som 3 weekes, or therabouts, before the dispatch of my Lord Keeper that now is, and Mr Attorney into this countrey [about?] the Dacres lands (which your lordships may remember), Thomas Carleton comes to mee when I was intering my cotch to goe see the bushope, and with protestations of love, he tells mee, he must impart unto mee a matter that touched mee neare in honour, which was, that the Lowthers and Grames were combyned together and had layde a plotte that against that same cominge of my lord keeper and Mr Attorney, all the broken men of Scottland that were thire frinds, should sett upon this wardenrye in extreamest outrage, to the intent (as he sayd) that it might be justly informed her Majestie of the ill governement of this place—wherupon consequently Richard Lowther would worke by good frinds and make great meanes to bee warden agayne. I demanding what certentie he had of this tale, he answered Thirlway his sonne tolde it him, and Mr Fetherston reported it to Thirlway: and thus it came of their own trybe. I thought it not convenyent to say much, or to make much adoe of it at that tyme, for since the matter was then to receave hearing betwixt her Majestie and my lord William, (fn. 2) it might perhaps have been construed malice in mee towards them. But sure I am Thomas Carleton will not deny this: and that great spoyle was comited accordingly, my lord keeper can (at his beinge here I thincke) too treuly remember." After this, when, on complaint of the whole country, I discharged Thomas Carleton from his office, "then in revenge, trayterouslye with his associats, he conspires Kinmonth his rescue and deliverie," about which under your direction, I procured the coming up of the Grames, with whom your course for their submission is fresh in memory, to which I added somewhat, wherein I think they confess guilt, and I have it under their hands. But I would not now have called them in question, but for your lordships' special letters on sending up Grame and Armstrong's examinations.

Now while the Grames were in London, Thomas Carleton took occasion to see them, and wrought the spoil of his office by Simson a Scotsman, as Hetherington now with you, can testify. And ever since he has been the cause of all the spoils of his country, as the certificate under the hands of most of the gentlemen which I sent by my servant Baynes, plainly shows: and if they still deny it, and your lordships are not satisfied, I humbly entreat the right of every subject, to be brought face to face, when I shall prove all I have avouched. And as this can be in no other place than before your lordships, I still earnestly entreat leave to come up, the rather as the Border is now quiet and assured by Carmichael and Buccleuch, as the indents which I sent to Mr Secretary will show. Nor need the Carletons fear the loss of their goods, as they insinuate, nor have the Bells spoiled them, as they tell your lordships: "indeed I thincke it will faull out, that William Tailler, Thomas Carletons chief man, and young Hurdhill, his second selfe, and Godfray Carleton, were all thire guydes to bring the host of Liddisdayll for overthrow of the poore Bells. And Dick Ritchison his servant brought them to the place where the ambushe layd, so that they were taken prisners."

But not to trouble you longer, the country being quiet, and my service not so much required for its good, while my presence with you is necessary for my honour, I humbly take my leave, renewing my suit for my speedy coming in defence of my government, "which hanges thus discontenaunced." Carlisle. Signed: Th. Scroope.

3 pp. Holograph; as also address. Indorsed.

742. Scrope to Burghley. [Aug. 28.]

I perceive by my man (which I grieve to hear) that the Council are taking a milder course with the Carletons and Grames, than at first conceived, and will nowise proceed to examine the matters, till the other witnesses come up in person—whom I have now sent with the speed I could. So I now rely on your favour in my just cause.

"And since I have acquainted your lordship with that which none else dothe know,—I meane Buclughes lettre and his hand to the examinations, which a man of good sort in Scotland will avouch: and as at my coming up (which I still hope on by your lordships good meanes), I have more matter sufficient, as your lordship shall see (soe they may receave the hight of thire deserts), yet will I reaveale nothing more to the Counsell till I understand your lordships well wishing pleasure, by which in all humilitie I will most willingly bee directed."

I leave myself entirely in your hands, with thanks for many past favours, and the present probation of my honour, "now if ever, in extreame hazard of ship-wrake: well maye I saye, in more then hazard! for I am advertised by an assured frinde neare her Majestie, that her Majesties pleasure is, not only to pardon, but to restore them to former libertie, wherwithall I am well pleased, nor do I greeve, so that her highnes order withall that the truth maye bee knowen, lesser then which (mee thinckes) I should not dout, the cause so conserning her Majestie and the good of this countrey." Let me tell your lordship, that having of late called some before me for outrages committed, "even in my nose," here is their answer, "that they will upp to "the Counsell, where they shall have thire harts desire." Such is the effect of the Council's letters, that "I stand as an idle beholder," without power. And if her Majesty pardon and restore them to their offices, and have them justified too, it will be in vain for any to sit here. "Why I thus feare (I may tell your lordship) I have more reason (which I pray your lordship keep secrett) for at my brother Bowes his being at Bolton, with my sister his lady (thoughe I could not bee so much beholden to my brother), yet I learned by a speciall frinde, that one Huins Sir Jhon Stanhopes man, wrote a lettre to my brother in her Majesties name by his maisters direction, as he sayde, requyring of my brother to labor an atonement between the Carletons and mee, and that her Majestie would have them pardoned, and if I would not condesend, that then at my brother his coming up, the least worde he should speake should serve for that purpose, which I thincke hee hath not spared to do. And I am besides advertised from Scottland, by one of account, and withall very inwarde with the Grames and Carletons, that the Grames Carletons and Lowthers are conbyned, and bound to one who is sutor for my place, and the bounds remayne in London with a gentleman which was somtymes towords my selfe.

"Now (my good lord), matters standing thus, and the countrey being at quoyet, and so assured to continew bothe by Carmihell and Buclughe, I intend for a season to repayre to my house at Bolton with Emanuell my sonne, the better to free my selfe from suche insolent bragges and proud discountenance, as (I perswade my selfe) none with any meane patience indure."

If they return justified, then I humbly intreat that by your means I may with her Majesty's favour, leave this place where I am dishonoured and my service discontents her. "I canot in a good conscience supplee this place, and see a swarme of most wiked men triumphe in thire lewdnes, unable to correct them, nor yet to have them reformed in the hiest court: neyther yet to see wikedness reigne without check." Carlisle. Signed: Th. Scroope.

pp. Holograph: as also address. Indorsed.

743. The Bishop of Durham to Burghley. [Aug. 28.]

Upon the 11th instant I received from Sir William Bowes a letter of the 4th, requiring me by her Majesty's command, to join him at Newcastle or thereabouts, for further Border services under instructions which he then thought he should bring with him by the 18th. The 16th I wrote to him at North Allerton by post, that, as in my opinion we were like to do no more good on the Scots than already "(which was none at all, such ever hath been, and ever wilbe their delaies and deceiptes)," and in the reexamination of the Middle March matters, which concern the lord warden, I foresee how hardly the jury will digest it, to have their sworn presentment questioned, and reversed by another jury—especially now when notwithstanding all means used, they are too few or too weak to combine against the opposite nation. "Neither doe I suppose but that he, (fn. 3) who hopeth to be most releved by the second inquisition, will therby be most aggreaved." Having all this while neither heard from above, nor from Sir William Bowes, to whom "I made knowen the generall infection, I saie not at Newcastell only, but over all Northumberland," as your lordship will see by the inclosed letters from the governor of Berwick and Sir Robert Carey, I thought it necessary to refer the whole to your lordship, also the unseasonable time of year in harvest: desiring your resolution "both of daie and place, if our journey holde, as I would be right sorie it should, and will hope well it shall not, at the least untill God of his great mercie withdrawe his hand."

I forbore to answer the inclosed from my lord of Dunkell till I heard or saw Sir William Bowes, and will protract time a little longer, till your lordship directs me thereon; for it may be but to gather what they may expect at our hands.

The money "resting on my hedde" in Exchequer, due by the collector of the tenths of subsidies, he promises to account for next term, and to discharge all that is or shall be received. "Suche as concerne my selfe, to witt my sole paymentes for myne owne see, I should have been hable to clere the better and sooner, if I mought have been spared of the cc li., which I have lent her Majestie upon a previe seale at forthnightes warning; and if I maie be eased of these and the like journeys, especially whyle I am in first fruites: for howsoever it be estemed above, these occasions and employmentes are verie chargeable, not only to her Majestie, but to some of us. Which to me verily is nothing yrksome, but her highnes maie and shall as reddily commaund of me and all that myne is, as of any suche poore servant or subject she hath. Only I humbly crave that I maie receave in the Exchequer that ordinarie favor especially for this yeare, which manie of my place and their officers have been wont to finde. Howbeit I shall, by Gods leave, cleare all sometyme this next terme, if no parte therof maie be forborne untill the beginning of Hilarie terme." Stockton. Signed: Tobie Duresm.

pp. Holograph; as also address: "To … the Lord Highe Treasorer of England, the lord W. Burghley, at the Courte." Indorsed.

Inclosed in the same:—

(1) (John Carey to the Bishop.)

"Hearinge bey report that youer honer withe others of her Majesties commisseners for the border causes, are shortley to be hear, I thoughte it my dutey as allso fitt, to make youer lordshipe forknowen withe the danger therof," that you may appoint another place, or "defere it tyll it shall pleas God to spare the great dangerusnes of this great infecsion bey sikenes."

The plague is very great in this country, almost no town free hereabout, nor most of the neighbour towns in Scotland: so that we have put down the market in Berwick, suffering neither countrymen nor Scots to come in, to keep it out if we could. And if you and the commissioners come hither and call the country together, this will be impossible to prevent. I refer the "consitherasion" to your honorable wisdom. Berwick. Signed: Jhon Carey.

1 p. Holograph. Addressed. Indorsed by the Bishop: "The Governor of Berwick, 26 Aug. 1597."

(2) (Sir R. Carey to the Bishop.)

"Understanding from above, that her Majesties pleasure is your lordship with Sir William Bowes and some others" shall come to the Border, I must advertise you that the sickness is so dispersed hereabout, that above 40 towns are infected, and it still increases. So vehement is it, that it "consumes wholle howseholdes and fewe or none ever escapes that is once infected therwithall."

I think it very dangerous to have any meeting or concourse of people while it continues, for it is spread all through Tyvidale and the Merse of Scotland, and my brother has closed the market in Berwick, and suffers none to enter the town. If your lordship pleases, you may either proceed with business on the West Marches "(the countrey being cleare that way), but certenlye for any meetinges to be had here, yt wilbe the best course to differre yt, till God pleases to cease this greavous sicknes that is now amongst us."

The East March is quiet and little stealing. The pledges are ready for delivery when you please to send for them. "These thinges considered, I meane by Godes grace to make my repair to Court, eyther better to establishe my authoritye in thes partes, or els to resigne yt upp to whome yt shall please the Queen to command to it." Berwick. Signed: Rob. Carey.

1 p. Addressed. Indorsed by the Bishop: "Sir Robert Carey, 26 Aug. 1597."

(3) (The Bishop of Dunkeld to the Bishop of Durham.)

"Brother, in respect of the occasiouns ye haiff be your ambassadeur resident heir his daylie intelligence fra Ingland, I lukit this lang tyme for ane letter fra yow, bot I sie I man breik silence: and albeit for the present I haif na uther subject bot to understand of your gud health, I think it sufficient, for your cowrtesie schawin to me and my companie in Beruik and Carleill makis me sollist thairoff. God grant that our panis tane on that turne be not ineffectuall." Our wardens blame England for not keeping the "peremptorie" days, saying you had not the same men ready to deliver that were promised. But their excuse will not serve the King, for he will have his wardens either deliver their pledges or he will deliver themselves. He detains Buccleuch in ward till he delivers his pledges; Johnston is doing the same, and Carmichael has ridden by the King's order to Johnston's wardenry to bring in his pledges, and speak to Lord Scrope thereon, as some are fugitives reset in England. Cesford has obeyed, so it only remains to have a new day of delivery whereon the King is to send to the Queen, whom he is resolved to content in all things. "This on my conscience, is his Majesties very mynd," therefore let not your Council stand on a day, but the sooner the better. If you see Sir William Bowes, commend me heartily to him, for at his departing I happened not to be "quher he lay to bid him gudnicht." Edinburgh 16th Aug. 1597. Signed: P. Dunkell.

1 p. Holograph: as also Address: "To his speciall gud lord my lord bischope off Durrhem in Ingland." Indorsed by the Bishop.

744. Overtures as to the Border. [Aug.]

Under 5 heads not numbered:—

(1) That the pledges be respectively delivered by the (fn. 4) next, or the wardens themselves delivered and kept in ward.

(2) That a day be appointed for redress of all offences since the dissolving of the late commission.

(3) Proclamation in the princes' names to be made on both sides of the March, inhibiting all hostilities or incursions while the commission sits, under the severest penalties.

(4) That as Johnston is likely to be removed from his wardenry and his successor cannot deliver the pledges there till settled in his office, which can hardly "be befoir Michaelmas nixt," the Queen to authorize her resident ambassador to agree with the King and Council on some day "neir the said feist," or on a short day for Teviotdale and Liddesdale, and a longer day for the West.

(5) That so soon as the pledges are delivered, the King shall send one "of his awin" to the Queen, to satisfy her in reason, touching the petition presented in her name by Sir William Bowes her late ambassador. Signed: M. G. Young.

1 p. Probably extract from Minutes of the Scottish Council. Indorsed by Cecil's clerk: "Overtures for quieting the disorders on the Border." Injured by damp.

745. Replies to the King of Scots' Proposals. [1597.]

"Concerning my opinion touching the two articles propounded by the King of Scotts"—I think none of her Majesty's wardens will be against the first, and "I like so well of it, as I desire it may goe forward." For on the wardens' denial or delay of justice, the appeal by letter to the princes is so tedious, and sending messengers "on every particular accident," so chargeable, that it is seldom undertaken, and before we can settle the first matter, they give us something else to think of: "for they hold him a man of very small reckoning, that in delay cannot by the last ill turne, make the first to be forgotten."

For the time of meeting, I think Candlemas more fit, for the terror of present justice is always a greater bridle to these border thieves, "who will never lightly steale hard before Lammas, for feare of the assises, but beeing once past, they returne to their former trade: and unless in such yeares as they cannot ride upon the wastes by reason of stormes and snowes, the last moneths in the yeare are theyr cheife time of stealling: for then are the nightes longest, theyr horse at hard meat, and will ride best, cattell strong, and will drive furthest: after Candlemas the nightes grow shorter, all cattell grow weaker, and oates growing dearer, they feed their horses worst, and quickly turne them to grasse."

The last article, "I can no way like of it, beeing only good for the Scotts." They are sure of justice here, but we find it impossible there, where our men can get no protection to prosecute, and the Scots law cannot force them to answer for want of evidence. Even themselves, when they mean to make an example, can only get judgment by a "vote of the cuntrey," no man daring to appear as a witness: though sometimes procured by great men and great means, while the poor are helpless. Besides, under colour of prosecuting suits, the bad of both sides could meet and plot and practise their wicked devices. Instead of which, I think the commissioners that are to be sent to examine the wardens' actions, should have authority to hear and determine all unredressed complaints for last year, and do justice to those who cannot have it from the wardens before their coming.

¾ p. In a clerkly hand. Indorsed in another (Cecil's?): "Sir Robt. Cary, brother G. Cari, R. Lane."

Perhaps from Sir R. Carey.

746. Remedies for Border Decays, &c. [Aug. 1597.]

Certain remedies for strengthening the Borders and reforming divers decays in Northumberland.

Under seven general heads:—

(1) Religion and schools.—Her Majesty having divers demaynes of abbeylands, tithes, and impropriate parsonages in Northumberland, of great yearly value, now leased for years: part of the surplus profits to be employed to maintain preachers and 3 grammar schools, still reserving the ancient rents. Commissioners to inquire their improved value—the tenants to be drawn to reasonable compositions—divers are recusants.

All non-resident ministers, and others "whoe cannot preach," with benefices worth 40l. per annum "clearlie," to be removed. No recusant, or anyone whose wife is a recusant, shall bear office or place of rule in the county.

(2) Defaults in Justices of Peace.—Each besides his oathe, is to keep quarter sessions—to watch markets, corn, &c., rates—record examinations, &c., do his best in office, and bail no felons unlawfully. A clerk of markets to be "erected" as there is none in the county.

(3) Defaults by Sheriffs and Bailiffs.—The late sheriffs to be sent for by pursuivant, to make accompt. Fines and amercements of sessions and gaol deliveries (never now levied, though leviable) shall be accounted to the sheriff as part of his allowances.

The bailiffs of the Queen's manors, &c., to account for escheats. These conditions to appear in their patents, and good bonds to be taken for their yearly accounts. "They deceave her Majestie of great profittes."

(4) Defaults in "comen" persons.—Writs of quo warranto to be prosecuted by the Attorney General against those who seize escheats, and claim liberties.

That it be March treason for a borderer, man or woman, to intermarry with Scots borderers.

Inhancing rents—heavy fines—letting to Scotsmen, to be yearly certified by commissioners, and the offenders severely punished in the "Sterchambre."

Gentlemen who have left their dwellings to be warned by proclamation to return or be severely punished as above.

(5) The office of Lord Warden.—(1) To keep monthly days of truce, unless "letted" by weather. (2) In default by the Scots warden, to give letters of reprisal, and assist the parties grieved. (3) To prosecute English fugitives harboured in Scotland, and deal with the Scots warden to proclaim Scotsmen harbouring them, March traitors. "This agreaeth with the treaties." (4) At each truce day to demand redress against murderers, burners of houses, perjured, or "thrise fyled." (5) To do his best to fyle on honour, the Scots warden doing the like—if not, to give equivalent only to the Scot. (6) To make no delivery but on days of truce, on receiving the like. (7) To seize the goods and flocks of Scotsmen "staff hyerded" within the Marches, and forfeited by the treaties. (8) To punish resetters of Scots fugitives, or who have Scots servants. (9) To keep a warden court half yearly, or oftener if need be. (10) To account yearly to the auditor and receiver at Newcastle, of escheats for March treasons. (11) Not to deny challenge to any man arraigned of March treason. (12) To enlarge none convicted of March treason without the Queen's pardon or warrant. (13) To cause his "jaoler" and warden sergeant to answer all "escapes, &c.," as the case requires.

The warden should take his oath yearly at open assises to perform the above. "For note, non of the wardens of England or Scotland are sworne, &c., as they ought to be by the treaties."

It is fit that 4 chief gentlemen of the wardenry be joined in council with the warden.

(6) For Strengthening the Marches with horse.—All who enjoy the Queen's castles and fortresses on the north side of Tyne, to be enjoined to residence and hospitality, and to keep as many horsemen as the yearly profits they receive will maintain. Commissioners to inquire and certify the state of the castles and profits—how used, and how many men and horses formerly kept. "Itt were requisite that the right honorable the Earle of Northumberland, whoe hathe great revenues in that border, dyd maynteyne some gentlemen of honorable callinge, or worthie desert, in his castle at Alnewick." 150 horse under some good commanders, would sufficiently defend the East and Middle Marches as now. If it pleased her Majesty, 60 of the 80 horse of Berwick, may be drawn forth to the Marches, with augmented pay. This will save charges, as they furnish themselves with horses and armour. The 20 left are enough at present for the town. And by the establishment, the Marshal should keep 20 horse, the treasurer 20, and the gentleman porter 6, for which they receive allowance yearly. Other 80 may be furnished by Lord Eurye without further charges; for he received that number from Yorkshire—"part in horses, part in money, as is generallie said."

For maintenance of all these, if it please her Majesty there may be deducted out of 1163l. 5s. or thereabout given for entertainment to the pensioners in Berwick, whose places are but at her pleasure, 1000l. yearly. The residue of the same being 163l. 5s. to be distributed among such of them "old or maymed soliders," at 10d. per diem.

Lastly, a special commission should be directed yearly to men of worth and integrity in these parts, to inquire and report on all defaults, &c., concealing or misemploying the Queen's profits, &c., on the borders. This will save her great charges in sending commissioners, prevent offences, and strengthen the borders greatly.

2 pp. Indorsed partly by Cecil's clerk: "Aug. 1597. Remedies of divers decayes on the borders." Small wax signet fastening a green silk string: a shield charged with a falcon, wings extended: 'G.D.' at sides.

747. Grame and Armstrong's Examinations. [Aug.]

Breviat of the several examinations of Andrew Grame and Thomas Armstrong, for proving the conspiracy of Thomas Carleton, Lancelot Carleton, Riche Grame alias Brakinhill, and John Grame alias Wills Jocke, with Buccleuch and other Scotsmen, about the breach of Carlisle castle and taking away Kinmont the prisoner there.

First.—They were examined on 25th April last before Lord Scrope and Sir Robert Carey.

Second.—About May thereafter they were again examined before the Bishop of Durham, Sir William Bowes, Dr Colmer, and Mr Slingsbie, the Queens commissioners—and although Grame on some indirect means, denied his former examination, yet Armstrong adhered to it; and Grame afterwards retracted his denial.

(3) On last day of same month, they were again examined before the Bishop of Carlisle, Lord Scrope, John Midleton, esq., a justice for Cumberland, &c., when Grame and Armstrong on oath affirmed their first confessions—Grame on oath declaring how his wife procured his denial.

(4) On the late return of my man from London, learning you were desirous to know more, and what usage I had given them: I about 26 July last called the said Grame and Armstrong before the Bishop, myself, John Midleton, &c., when they both most plainly affirmed their former evidence touching the breach of Carlisle castle, and release of Kinmont, and utterly denied that I had used any hard dealing to them. All which at more length is already certified to your lordships.

pp. Written by Scrope's clerk. Indorsed by Cecil's clerk.

748. Clause touching Buccleuch. [Aug. ]

A clause in her Majesty's instructions forbidding us to intermeddle with Buccleuch's act at Carlisle castle.

You shall be informed by Lord Scrope of "the violent fowle action committed by Bucklughe in breaking of the castle of Carlislee, and forciblye takeing away of a lawfull prisoner": wherein we have by our letters demanded satisfaction of the King of Scots by delivery of Buccleuch, whereto we have had no satisfaction but committing him to ward in St Andrews castle. Though the King has answered, that it should be heard and ordered by commissioners, "yett considering the fact hath been so manifest and violent, and is not inquirable whether it hath been don or no as a matter of doubt, you shall if any speache be moved thereof unto you, forbeare to treate thereof with the opposite commissioners as concerninge Bucklughes violent act, but shall alleage that we expect a further satisfaction from the Kinge for that fact": yet as it is likely that the commissioners will speak in defence of the act, pretending that the prisoner Kinmonth was not a lawful prisoner, you shall do well to be informed thereon by Lord Scrope, so as to have sufficient matter to answer them, if they object anything against Lord Scrope for taking and detaining him. "Copia vera: T. Duresm." (fn. 5)

½ p. Indorsed.

749. Outrages by Lord Scrope. [Aug.]

Note of the wrongs, &c., committed by Lord Scrope and his deputy, on the Border opposite him.

First.—Taking of Rob Grahame out of his own house, already complained upon by the King to the Queen—"being a Scottisman borne, bapteist, mariit, and bruiking land in Scotland," answerable and servant to his highness warden, yet retained straitly in prison by Lord Scrope.

Second.—Foraying away Will of Kinmont's goods from his own house, he "him selff in persoun being at that present in his Majesties handis and prissoun." Lord Scrope himself has the particular of that "heirschip," for his highness sent it to him, and a letter requiring redress and to desist in future, on which condition his Majesty would abstain from complaint.

Third.—Not content with the former injury, Lord Scrope has caused another raid on Will of Kinmont—burning his houses, spoiling his goods, and killing two men—conducting himself as though he were warden of both Marches, and imagining that he had commission from both princes to punish and ride on the disordered people of that border at pleasure.

½ p. In a Scottish hand. Indorsed: "Outrages committed by the Lord Scroope. Delivered by Mr Aston."

Footnotes

  • 1. i.e., pledged.
  • 2. Howard.
  • 3. Lord Eure.
  • 4. Blank.
  • 5. These 4 words holograph.