Calendar of Border Papers: Volume 2, 1595-1603. Originally published by Her Majesty's Stationery Office, London, 1896.
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1170. Sir John Carmichael to Cecil. [May 11.]
"My werray guid lord." The King having appointed me warden of his West Marches, commanding me to keep order, "I heiff mett Mr Lowther and done him sic justice as I remitt to his declaratioun, being altogiddir wnwilling (for avoiding of waine ostentatioun) to male oney mentioune off it my selff." But finding him though very willing, unable to command his Marches, or give me redress, without some help from her Majesty, "the clanes thair being grett, his forces and commandement litle, his charge being bot by deputacione and for schort tyme, the people thairfor les regairding him": in my lawful duty to her Majesty, I must signify this to your lordship's honor for remedy, otherwise I cannot keep the country long in quietness, or avoid complaints by the King's subjects that I get no justice for them. Mr Lowther refuses me delivery of "ane Musgrawe callid the wood sword," who is in ward to answer justice, though no "incontrey law" ought to protect any of either country against common justice between them. I request your lordship to present her Majesty "my humble dewty" for remedy of these matters, and cause Musgrave be entered to me to satisfy the King's subjects, and I shall reserve him for Mr Lowther afterwards when required. Edinburgh. Signed: Carmychell.
1 p. Addressed: "To my werray guid lord Schir Robert Sicle," &c. Wax signet: a shield with a chevron charged with a mullet, between 3 trefoils. Inscription broken.
1171. Willoughby to Cecil. [March? 12.]
I have been importuned by Mr Gray and Mr Selby to take upon me the compounding of the differences depending between them, and to disburden your honors of that trouble: for as many witnesses are to be produced on either side, the matter would be tedious, chargeable to the parties, and keep Mr Gray longer here than stands with his other affairs. So I have proceeded therein according to these articles "included," and hope good offices will continue betwixt them. I have to-day heard from my deputy warden of good justice on both sides: "and withall the report of Bothwells being in Liddesdale this third tyme confirmed, which notwithstandinge, I commend not unto you as truth." Hackney. Signed: P. Wyllughby.
⅓ p. Addressed. Indorsed by Cecil's clerk: "12 May 1600." Wax signet; fragment.
1172. William Selby [Junior] to Cecil. [May 12.]
My letters delivered to my Lord President at Snape would show your honor my dealing with the pledges and their offers. Since I came here, I have informed myself as to the Borders, and learn that the West March is "full of trouble," the Middle and East Marches in good quietness: "the peace of the first" ascribed to the still holding of the pledges, and the special care of some gentlemen here—"the quyetnes of the other," to the detaining the pledges only. For it is believed by those that should know it, "that if the pledges were returned home, Sesford will not long keape touch with my lord Willoughby, being a man that holdeth promise or frendship no longer with any man, then maye serve for some speciall purpose, except ther be other cause of straighter intelligence betwixt them: which is rather beleaved then much spoken of by Englishmen, but by Scottes of all sortes openly and plainly affirmed. Thus much I have from Scottes of good credit, that the King maketh no lesse reckoning of all the borderers from Newcastle to Berwick and of ther chief officers, when he may have cause to use ther service, then yf they were his naturall subjectes, saving of a very few, whom the King, in naming them, openlye calleth his ennemyes, being men that have for the service of ther countrye alwayes opposed them selves against Sesfordes designes. And I feare that this perwasion of the Kinges is not altogither vaine, for divers gentlemen of this East March being asked privately what they thought to be the cause of ther peace? awnswered, the holding of the pledges, required to testify it under ther handes, refused: the cause of ther refusall is plaine. The gayning of a partye to the King, which is said to reach furder then the Borders, is the onlye cause of Sesfordes credit, togither with such intelligence, as he dayly haith or pretendeth to have out of England, both by lettres and conferences, wherof he maketh great use for his owne particulier standing, and so tickleth the Kings humor with ambitious desier of this crowne, that impatient of delay, he inquireth after noth "ing more then of her Majesties health, and is maid beleive by Sesford, that her bodye so decayeth in strength, that she cannot have manye dayes: and that her Majestie maye before her death, make some frendly and publick demonstration of her mynd for the Kings better furderance thereafter,—was the first inciter of the King to sende some honorable ambassadge to her Majestie for that effect, to the ende he hymself might for the furder advancement of his reputation, be imployed therin, assuring the King that as he had already done on the borders, so in his passage through England, and especially in the English Court, he doubted not to gaine hym manye frendes. This man is greatlye envied for his credit, hated for his pride, and being of small party, easye to be brought out of credit, if the King might once see that he cane doe hym litle service in England: which if the wardens would doe ther dewties, would sone appeare. I wish that they and ther deputies might have nothing to doe with Sesford, but in matters that concerne ther office, and that Englishmen maye be more restrayned from conversing with Scottes, then now they are. How dangerous the Kings hast to this crowne, and the drawing away of his subjectes maye be to her Majesties good estate, your honor can wisely consider." I shall advertise as I learn more, protesting that nothing moves me but my zeal to her Majesty's service. "Wourship the sone rising who shall, I will while I live, without regard of present or future perrill, wourship the sone shining, and doe hope, that although my life should be long, that sone shall overlive it." Berwick. Signed: Will'm Selby.
The charge of the gaoler is much objected for freeing the pledges. I have learned that such of our pledges as gave not bond to be true prisoners, were put in a common gaol at Edinburgh among malefactors, and had no provision but what they bought with ready money. If these men were so used, the gaoler should be eased of his charge, they in safer custody, and would make more haste to pay than they do.
1¼ pp. Holograph; also address.
1173. Note by Sir Robert Carey. [May 15.]
Since I came up, the Scots "damnified in the huntinge action," themselves sought Mr Woodrington and Mr Fenwick, met them, agreed to forget all quarrels and to be good friends. The King however still demands justice for it, which her Majesty may well grant; and as Sir Robert Ker and myself cannot well be judges, in case of suspicion of partiality, it were good that my lord governor of Berwick and my lord Houme should hear the cause, when the former returns, and decide it by Border law. This I think the King will accept, and then he cannot say but justice has been offered him at least.
½ p. Holograph. Indorsed by Cecil's clerk: "1600, 15 May. Memoryall for Sir Ro. Carey."
1174. Sir John Carey to Cecil. [May 17.]
Sending him 2 packets just received from Master Nicolson. One he understands from the bearer, to be a "fallese packett" made up in case of intercepting in Scotland; but as Nicolson sent a letter covering each, he thinks it better to send up both, not knowing which is the right one, than to make any mistake. Signed: Jhon Carey.
½ p. Addressed. Indorsed.
1175. Sir John Carey to Cecil. [May 19.]
I desire your honorable favour in a certain matter lately happened here. "Uppon Good Freydaye last, ther was on Jhon Hardinge, a gentyll "man I cannot saye, for that noe man hear knoes what he was, nether had he begininge or eandinge that aney man hear cold ever knoe—save the eand that all men have—wiche was uppon Good Freydaye last he departed this world: and havinge sume goodes and detes bey billes, after his deathe everey bodey was spearinge of his goodes, and thoes who wear indetted to him came, and wear everey man getting out ther owen billes, tyll in the eand longe after his deathe, I rememberinge he had byn her Majesties customer of this towen, and therbey was in great ackowentes to her Majesty, thought he myght be indetted to her Majesty: as allso I thoughte that ether sum ayer or sunmie of kyn myghte come in, or that sume will myghte be fowend in tyme—and so beinge lothe to see the goodes dispersed into everey bodeys handes, nott to be gotten together if ned wear, mad me gett out a letter of sequestratyon to gether the goodes into my nowen handes, that whoe so ever wold justley challenge them myghte feynd them together. Bey wiche meanes I have hetherto kept them all to gether, wiche otherwayes wold bey this tym a byn in maney menes handes. Nowe maye it please youer honer, I haveinge nowe kept them together this ix wekes, and find nether reyghte ayer nor aney of his kyn to com and challenge it, nor aney "will to dispose of it, ame lothe to stand charged aney longer withe it, consitheringe I have it bey administratyon allso and have put in bon of xviij hundred powendes to be a trewe administrater if lawe shall convinse it from me, and feyndinge that for want of ayeres it falles to the Quenes Majesty bey her prerogative: I have thoughte good therfor to singneyfey this muche to youer honer, intretinge you to move her Majesty for me thus muche, that what soever he the sayd Hardinge shall be proved in her Majesty dett ether for his offes of custom or aney other wayes, I will presentley paye into her Majesty exchecker: and humbeley beseche her Majesty that she will bestowe the rest of the remayen wiche will not be muche, uppon me, in consitheratyon that I ame lefte hear nowe cheft in charge and have no allowans of my lord governer towerdes my great charges that I am forst to be at: as allso for the better maynteynanes of my daughter Ane Carey in her Majesty serves, wiche is verey chargeabell to me, it wold bey for her ij or iij gowenes." Berwick. Signed: Jhon Carey.
Such a fortune happens not in many a year. I have already all that law can give me—both sequestration and administration: I only want her Majesty's good will, who may hinder me by her prerogative. But I hope by your favor to obtain her right also, paying to her what any way he was indebted.
1½ pp. Holograph; also address. Indorsed. Wax signet; swan with annulet on breast.
1176. William Selby [Junior] to Cecil. [May 26.]
My lord Willowghby sent yesterday by a special servant, a letter of attorney to the mayor of this town, his kinsman Mr Guevara, and myself, authorising us to demand of "Mr Marshall" and others, certain sums of money the goods of one Harding who died here intestate and without kindred, it is said: my lord's title being a letter of administration granted him by the "Bishopp" of York. We all went to Mr Marshal and I told him our orders to deal with him, that I had little knowledge of the matter, and would meddle no further therein than might stand with his liking, for as I was bound to obey my lord Governor if present, so would I obey him equally in my lord's absence. Whereat he seemed contented, and said he had given bonds in great sums to the Bishop of Durham to administer these moneys and had also order from the barons of Exchequer, to detain them in hand till it were seen how Harding stood with her highness, for he had been customer here. "This money was extorted from the souldier by extreme usurye, a noble in the pound—and it seameth that the good fortune of the souldier haith appointed it to be imployed for his benifit in the building of "a church or some other charitable uses here, yf privat respectes prevent not ther good happ. This pelf haith bredd great unkindness betwixt my lord Governor and Mr Marshall, and may work a furder devision to the hurt of the service, and good estate of this place, if other order be not taken." Her Majesty, on this people's petition, was formerly willing to bestow some good sum for the building of a church "in lieu of that which was ruinated" for the fortifications: if it please her to give administration of Harding's goods to some "speciall personage" of her Council, who may appoint a fit man here "to the edifieng" of the church, it would ease her of that charge, and furnish the soldiers with what they most need: "the chappell (for it is no other) which is now the only and all the churches in the towne, being scarcely equable of the 4th part of the people." This would abate the contention between the Lord Governor and the marshal: "for, the cause taken away, the effect would cease." Berwick. Signed: Will'm Selby.
¾ p. Holograph; also address. Indorsed.
1177. Lord Willoughby on Harding's affairs. [May.]
"A true narracion of the state of the cause touchinge the goodes late John Hardinges of Barwick intestate, deceased."
This Hardinge being possessed of divers monies, &c., partly in the diocese of Canterbury, partly in Yorkshire, but chiefly at Berwick in the diocese of Durham, died on 21st of March last thereof possessed, viz., in diocese of York, debts, &c., value 10l.; of Canterbury, debts, &c., 25l.; and at Berwick, ready money and gold, 466l. 10s.; plate, apparel and household stuff, 200 marks; in bonds, bills and tickets, payable by good debtors, chiefly at Midsummer, a small part at Christmas next, 1,245l. and "odd money."
Sir John Carey, 3 days after Harding's death, seized all the money, &c., at Berwick under pretence of letters of sequestration granted by the Bishop of Durham.
On 16th April last the Archbishop of York granted administration of the intestate's goods to Lord Willoughby, to build a church at Berwick, for which his lordship gave bonds of 2000l.
Lord Willoughby moving the Archbishop of Canterbury to grant the like; "to delay him therein, one Arden a traveller, allso Sir John Caryes ladye, in the prerogative courte of Canterburye pretend kinred to the intestate, yeat are they bothe mere straungers to him."
Meantime Sir John Carey has since got letters of administration from the Bishop of Durham: the lord Treasurer has written to the Ordinary of Canterbury to grant administration to no man till he be acquainted therewith, and to Sir John to take Harding's goods into his hands for a supposed "arrerage" due her highness, "whereof Hardinges Quietus est is extant of record." His lordship has farther written to Sir William Bowes treasurer of Berwick, to pay all sums due to Harding that pass in his receipt, to Sir John's hands.
It is now said I hear, that Arden has sold his pretended title to her Majesty: and again, "it is provable and partlie confessed," that Sir John has compounded with him, and has his bonds for performance. My counsel advise me that administration belongs solely to the two Archbishops, for what is in the province of each. Sir John Carey and Arden deal for their private interest; and no true kindred to the intestate is yet heard of. There is no debt set forth due to her Majesty, which if made known, and the money or goods delivered to any "religious man," it may be paid proportionably.
If there is no such debt or kindred, it is easy to see, as Canterbury and York yield their rights to the finishing of this most needful church, what is fittest to be done against private claims upheld only for private benefit.
1 p. In a contemporary hand. Indorsed.
1178. Sir John Carey to Cecil. [May 29. 1600.]
Being intreated by Master Nicolson to address this inclosed packet, I send such "slender" news as I have from Scotland. Within this 4 days a gentleman is come from the King of Denmark, to intreat the King of Scotland to send 100 shipwrights to build many ships in Denmark, it is said. "I understand the Kynge of Scotland toke sumwhat hardley withe the Earle of Goerey when he came into Scotland: gevinge him maney jhestes and prettey tauntes, sayinge he had byn greatley intertaeyned at the cort of Ingland, charginge him withe great conferens had withe Queenes Majesty, and that he shold have byn offered sume goold—to wiche the Earle acknoleged he had byn verey honorabeley intertayened and gratyusley used bey her Majesty, wiche he toke to be for the Kynges sake—and as for goold, he deneyed he had byn offered aney, sayinge he had goold enofe for himselfe. The Kinge marveled the ministers mett him not! withe maney other suche speches. It is thought that the alteringe of the yonge prinse from the Earle of Marr, and the convension shortley to be holden, will bred sume alteratyones: but I fear noe. Ther is great mutteringe about Bodwelles beinge come into the conterey; the sertentey wherof is not openley knowen, but muche misdoweted."
In my last I presumed humbly to request your honor to move her Majesty to bestow the "remayen" of Harding's goods on me, her debts being paid by me into Exchequer; the rather as my lord Governor deals very hardly with me, "as witheout aney maner of coller or tytell, to take and violatt it from me, whoe allredey have it bey all order and corse that lawe cane geve me, yet uppon mear will and malles, he dothe so appoese him selfe agayenst me, as witheout her Majesty counteynans, he will forse me from it: allthoughe he wold not geve me aney on peney of alloweans towerdes my great charges hear beinge left in his plase, yet will not be content I shold injhoye thoea good fortunes that God layes uppon me, and ar bey all honest meanes proseded in. I humbeley . . . believe that my lord governers godley intensiones to buyld a chorche, prosedes but from an uncharetabell consayet agaynst me." Berwick. Signed: Jhon Carey.
1 p. Holograph. Addressed. Indorsed. Fragment of signet.