Calendar of Border Papers: Volume 2, 1595-1603. Originally published by Her Majesty's Stationery Office, London, 1896.
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1179. William Selby to Cecil. [June 2.]
Mr Raufe Bowes has petitioned my lords of the Council against me, regarding money due by him and others to me, "lente out of my purse, not as a usurer," but of my own kindness and good will. Part has been due this 16 years, some part for 5 years, and they have done their uttermost to defraud me. I outlawed them, they purchased their pardon: I had judgment and outlawed them again, and my counsel now tells me they cannot have a protection, yet he labours for it. I agreed to refer it to two gentlemen, who took order and named the sum and time of payment: at which very instant he urged my lord Treasurer for a protection. I beseech your honor that I may be heard before my lords of the Council, and I shall satisfy them Mr Bowes has greatly wronged me. One of his pleas is he is poor and indebted for his father, but I shall show my lords "his case is nothinge so evell as he saythe, but exceedinge good." I should have waited on your honor, but I have been very little out of my bed since I was with you on "Sundaye was sevennighte," but as soon as God makes me able, I will attend you and lay down my case, which is too tedious to write. London. Signed: Will'm Selby.
⅓ p. Addressed. Indorsed. Wafer signet: shield barry of 8; inscription indistinct.
Inclosed in the same:—
(William Selby's true report.)
Mr Robert Bowes late treasurer had a lease of the Queen, paying a 50l. fine, which I bought, and paid him 800l. ready money for it. He promised me to surrender it, and get another from her Majesty to me, but when at London, he sold it to another for 750l., taking the lease in his name. When I came and charged him with his "hard dealing," he promised with many good words, I should have my 800l. again immediately, but kept not his word, so I had to sue him and the rest under the bond, but he held me off 5 years, by the friendship of the sheriffs of Cumberland and the Bishoprick of Durham—and though at last, with great charge, I got judgment for 1600l., yet I am not satisfied of my money.
He made no pay for 2 years, and was "arreraged" to the garrison 6000l. for which Sir William Reade and I were sent up to sue, and by means of the late Lord Treasurer, we got 3000l. and made the pay.
Some years after, the garrison sent me for the balance, and after a long suit, by the said Lord Treasurer's means, I had it granted by her Majesty. Mr Bowes then a suitor at Court, receiving "many sower wordes" for his arrears, offered, if he got 2000l. from Exchequer, he would furnish 1000l. himself, and so "cleere with" the garrison. The Queen accepted his 1000l., and allowed the rest, "but at no hande wold trust him with the money." So her pleasure was I should receive the 2000l. at Exchequer and "that 1000l. also." So I went down with the 2000l., and Mr Bowes' order for the 1000l. at York, and my lord Treasurer's instructions. But at York "with much adoe" I only got 200l. or 300l.; and at Berwick in "tyckettes" as much more as made it up to 550l. But after 2 months' tarrying, I could get no more of him. He then so urged me, saying the Queen had stayed his suit and would not grant it till the pay was made, and it was his utter undoing: and by his wife and friends urged me to strain my credit for him "with vehement protestacions both of due repayment and great freindshipp." In the end I was content to disburse it on these bonds, without any interest or gain: notwithstanding which fair promises and many appointed days of payment, no day was kept, but I was forced to put the bonds in suit, not having to do with Mr Bowes at all, but with the men named in them.
Thereafter Mr Bowes came sick to Berwick, and sent for me. When I came, he called in his son Mr Raph Bowes, "and beinge in his bedd deadlie sick," ordering all out of his chamber but his son and me, said as follows—"'Captayne, I have donne you many and great wronges, which I pray you forgive me, and I aske it from my heart, that you will hartely forgive me'—repeatinge theis wordes, three or fower tymes. And then called his sonne Raph Bowes to him, saieng, 'Sonne, if this man had not ben, thow hadest never byn a man. For had he not lent his money, I hadd never gott my suitt. And if I had never gott my suit, thow hadest never byn worth anythinge. And therefore, Raph, I chardge thee on my blessinge, that thow see him satisfied and contented. For I have left enough to paie all men: and yett thow maiest dispend 500li. a yeare beside, and live with the best of them. And I chardg thee wheresoever thow meetest him, that thow accept of him as thow wouldest doe of the best Bowes in England.' And soe, within twoo daies after, he died."
Then I asked Mr Raph Bowes as the bonds had been long in suit, to take order; he promised fair, but did nothing. On my way to London I desired to speak with him at Newcastle, but he would not, "and so stood owt with me." He was then outlawed, had pardon thereof, then I had judgment. He is outlawed again, and I offered, if I had done anything against conscience, to be "censured by my Lord Keaper: or against lawe, by my Lord Cheife Justice." After that, I referred at his instance, to two gentlemen and to stand by their order: who met and decided the sum and day of payment: but he did nothing. And on Monday 29th April 1600, Mr Pepper a counsellor "at law, whom he greatly trusts, dealt with me (as he had often before) and said the money was ready except 60l., which should be paid at a "short daye." Yet at the same instant, Raph Bowes laboured for my [lord Treasurer's (?)] protection, and hoping for it, "went from all former dealinges," and has now taken out a writ of error to delay me longer.
1 p. Closely written, same hand as letter. Indorsed.
1180. Passport for James Greame. [June 13.]
Licencing the bearer "Mr James Greame gentillman of Scotland and servant to the Kinge of France," with his man Lowronce Sparton, to travel to London with 3 ambling nags, viz.—one grey, of 13 hands, one brown bay, of 14 hands, and one white, of 14 hands, without hindrance. Berwick. Signed: Jhon Carey.
¾ p. Addressed at foot; " To all justices of peace, maiors," &c. Indorsed by Cecil's clerk.
1181. Sir John Carey to Willoughby. [June 14.]
I think good to let your honor understand before you come from Court, "that the seas uppon thes costes dothe swarme withe Dunkerkers in suche sort, that none of the coste men cane pase or dare venter; and hear they ley in Scotland uppe and dowen, as at Crell, at Lethe, and at Coldinghame, and make salle of that they take. Ouer poer contreymen goe to and froe and see ther goodes sold befor ther fases, and cane gett no relefe. It is verey pittyus and lamentabell to hear the creyes of ouer poer contreymen: for the Dunkerkes ley so uppon the coste and have so good intertayenment in Scotland, as not a mane cane loke into the see, but they have them presentley." Your honor might deal with the Council for reformation.
Mr Vernon is so negligent of this town, that we have little but beans, which they sell to Scotland—no time of year for us to have anything to do with them—that I pray your honor to order him to supply us better.
I hear the great convention in Scotland is shortly to hold, and the King is working all he can to have his intentions go forward. Berwick. Signed: Jhon Carey.
1 p. Holograph. Addressed. Indorsed. Fragment of wax signet.
1182. R. Lowther to Cecil. [June 14.]
On Thursday last I met the Scottish warden at Gretnoe kirk, and interchanged rolls, appointing 15th of next month for delivery and redress.
On Thursday night 7 "of th'insolent base disobedient of Scotland" with some of the like of England, took 10 head of cattle from a place called Averisheholme, "being to a brother of the Bushops," driving them a great way into Liddesdale. They were freshly pursued by my son, servants, &c., to their great danger, and part rescued.
I have written to the gentlemen and officers of the country for assistance in watching, to come here with some of their tenants. But in truth they have not come at all, viz., for the time past, Mr Dudley, Mr Pickering, and Mr Langcaster principal officers.
George Nicolson has written from Edinburgh to me, to deliver Thomas Musgrave, now in the sheriff's prison, to the Scottish warden for old attempts: but I have stayed till I know your and Lord Scrape's pleasure therein. Carlisle. Signed: Eichard Lowther.
I would wish your authority to deliver him to Sir John Carmichael, on condition to be redelivered when the bill is taken order with: otherwise I expect small justice from the warden.
1 p. Addressed. Indorsed.
1183. Richard Lowther to Cecil. [June 17. 1600.]
"Yesterday about two of the cloke Sire John Carmychell ridinge from Annon to the Langhome, in his waye ther was xviij men, wherof xvjth weere Scottes men, and two Englishmen, providid in jackes, laid in waite for him, and chaissed him and kilde him with a gonne. He that shote him was a sonne of Rynyon Armstrange callyd Thorn. Ther they spoyled him, and from thence he was carred before a Scottesman on horsebacke to Lowmablen: he that carrid him was Wille Kange."
I have written to the gentlemen to come down with their tenants, 100 at a time: the gentlemen "of the factyon" will not obey me, so unless I have allowance of men as in my old Lord Scrape's time, I cannot keep this March, for now the thieves will ride. Signed: Richard Lowther.
"This is the therd warden they have kild and taking prisoner in Scotland."
¾ p. Addressed. Indorsed. Small wafer signet: indistinct.
1184. James vi. to Scrope. [June 20.]
" We dout not bot ye have hard of the recent accident tuitcheing the barbarous and wyld murthour of our warden the Laird of Carmichaell, committit sa neir your boundis be Sandeis Ringanis sonnis, certane utheris of the Armstrangis and thair associattis raittit thevis and lymmeris, and evir professit ennymeis to the peace and guid reule of the cuntreys: quhilkis being affrayed and dispairing to find ressett or favour within our realme, will (na dout) tak occasioun to seik refudge within the boundis of your office and charge, and be ressett, without be your guid meanis and cair the same be prevented: and thairfor wischeing you to consider how far we ar greved at the losse of sa worthie a subject, being ane of our privie counsall and officiar inclynit sa weill (as ye knaw) toward the peace and quietnes of the cuntreys, and be quhom ye alwayes ressavit a correspondence, We earnistlie intreat you to be instant and cairfull in searcheing and deprehending of any of the committeris of that wyld murthour incais of thair resort and ressett within the boundis of your charge, and to send thame in to ws or our warden your opposite to be puneist according to thair desert . . . We have constitute our traist cousing William lord Heryis warden and justice ower that our West Marche till owr awne cuming in the cuntrey quhilk wilbe schortlie . . . From our palice of Halyruidhous." Signed: James R.
½ p. Addressed: "To our richt trusty and weilbelovit cousing the Lord Scroope," &c. Indorsed.
1185. James vi. to Richard Lowther. [June 20.]
[In similar terms to the preceding.] "From our palice of Halyruidhous." Signed; James R.
½ p. Addressed: "To our trusty and weilbelovit Maister Lother warden deputie," &c. Indorsed. Wafer signet (Scotland).
1186. R. Lowther to Cecil. [June 23.]
Since the untimely death of Sir John Carmichael, "those wicked persons his kyllers, Sandys Rynyon with his sonns and dependantes, have not only rydden within the baronie of Burgh (and from thence toke ten nagges), but also have associate themselves to an insolent company of Armstranges and Yrwyns, specially the Hollases and Kanges, men of the lyke wicked disposition, with the nomber of fourescore persons on Thursday last at night came to a place called Holme end within the baronie of Lynstock, brack a house and toke certaine goodes which was rydded, hurt one man": the followers put them to flight, took 6 horses and one of them prisoner.
I have written to George Nicolson thereof, humbly desiring that the King will put some stay to those disorders: for the "late prowde fact" against the warden, will yield "such ungodly harting" to the wicked, that great outrages will follow. Carlisle. Signed: Richard Lowther.
Notwithstanding my letters none of the gentlemen have yet appeared.
¾ p. Addressed. Indorsed. Large wafer signet: shield of 8 quarters: winged dragon crest as before.
1187. James vi. to Scrope. [June 25.]
"This gentill woman berare heirof, having that hap eftir hir former mariage of our umqle trustie and famliar servitour Johne Stewart our vallat, to be joyned in the lyke band with umqle Robert Grahame of the Fauld inhabitant of that bordeir quhilk ye command, and falling be his deceis to ane dew portioun of his moveables and insicht, besydes the lagacie quhairwith it pleasit him be his lattir will to remember the loveing pairt quhilk scho dischairgit to him evin to his lattir houre: scho notwithstanding is be his sones maist violentlie bereft of that meane confort quhilk onlie restit to hir of that mariage, and with maist contumelious and undewtifull behavioure to hir on thair pairtis, utterlie debarrit frome anie intromissioun with anie pairt of his said substance: quhilk being in the self sa evident a wrang, we have thocht meit to addresse hir with oure requeist unto yow for hir help, quhilk we man pray yow maist effectuouslie to lat hir find, aganis sic violence, and respecting hir sexe and wedowheid, and the guid interest scho hes to that scho clameis, to favour hir with your aucthoritie for the compelling of hir saidis parteis, to conforme thame in hir behalf, baith to the will of the defunct, and to your lawis and practiquein sic caiss . . . From Haliruidhous." Signed: James R.
½ p. Addressed. Indorsed.
1188. R. Lowther to Cecil. [June 26.]
Yesterday evening, the Laird of Newbie the King's deputy warden, came to me from the Lord Herries, earnestly desiring to meet with me at Tordowathe to-morrow, to confer as to keeping quiet on the Border, to which in respect of the times, I could not refuse to agree. Carlisle. Signed: Richard Lowther.
½ p. Addressed. Indorsed. Wafer signet; a crest, a winged dragon on a wreath.
1189. R. Lowther to Cecil. [June 29.]
On Friday last I took journey to meet Lord Herries and Newbie, but on the way received letters from them, the Laird's signifying that as he heard that Sir Hugh Carmichael was made warden for the better revenge of his father's murder, and Lord Herries had a public appointment elsewhere, he thought the meeting should be put off.
As I hear that the King in person will be shortly on this March, I would entreat your honor to give direction that the gentlemen and officers will be ready in attendance with those under them, when duly warned. Carlisle. Signed: Richard Lowther.
¾ p. Addressed. Indorsed. Wafer signet: 8 quarters; and crest as before.
1190. Act of the Scottish Parliament. [June 31. 1600.]
Prohibiting the King's subjects from trafficking with the "Dunkerkeris," or any stranger ships within his highness's waters, except the goods dealt in are lawfully come by. Edinburgh.
1 p. Broad sheet. "Printed be Robert Waldegrave prenter to the Kingis Majestie."
1191. Scrope to the Privy Council. [June. 1600.]
A brief representation of the decayed state of the West Marches, humbly tendered by the lord warden, with his requisition of some present aid.
1. "It is conspicuous in every eye" that the strength of this March against all sudden incursions, forays, &c., consists only in the towns of Cumberland and the city of Carlisle: who must endure the "skeath," without help of Westmerland, except in open invasion, which seldom hurts the borders.
2. "These limitts" of Cumberland, as Bewcastle, Gilsland, most part of the lands late the Lord Dacre's, where once were many able horsemen, are now utterly ruined, by death and sickness, unredressed spoils of the Scots and our own outlaws, and the "ill cariage" of their officers. Some, as in Gilsland, "unsetled and at variance with themselves": others by their suspected favors with the opposites and neglect of duty, are in general contempt.
3. As for the other confines in the waters of Eske and Leven, they are chiefly inhabited by the Grames and Armstrongs "broken men alied and in kindnes" with the Scots, and feared by the English for their misdeeds, "conspirators in everie rapine done by the Scotes," who pass and repass through them to spoil England without so much "as shout or crye"!
4. Touching the inner part of this border: the civil contentions of the chief gentlemen and their followers distract their forces, and unfit them for defence against the Scots.
5. The long dearth and universal sickness in the towns of the border, especially in the city of Carlisle, "with some inordinat withdrawing, or unfitt dispeuding of the revenewes of that citie (which singulis annis amounted to iijc li. or thereabouts)" by some of the chief citizens for private ends instead of public benefit, has so weakened their force, that it grieves me to say more.
6. Lastly, your lordships know that this border now so weak, has always at its greatest strength under former wardens, been backed with some garrison of foot or horse: as ancient tradition shows.
7. I was warned by Sir John Carmichael the opposite warden, that his people would take the first opportunity to spoil us. This gentleman is now most cruelly murdered by those in his own wardenry for his good service and agreeing with me to keep them in order: and thus they are broken loose.
8. I therefore humbly desire, like my predecessors in office, by your good mediation, that a convenient force may be speedily settled here in this seasonable time, to prepare themselves at least charge for defence of the people.
9. Also that you would be pleased to order that the surplus of the city revenues, beyond their necessary disbursements, may not henceforth be disposed of without the consent of my lord bishop of Carlisle and myself: and that we be empowered with, the mayor and his bretheren, to intermeddle in the distribution for the good of the people and city.
10. Now that the King has just cause to do revenge on these murderers, her Majesty has special opportunity "by inciting and joyning with" him, to effect their utter destruction and such desolation of their borders" that her "owne shall rest in tranquillitie for these cth yeeres to come." I also desire her highnesses warrant as she graciously promised me, to make reprisal on the opposite offenders.
3¼ pp. Holograph. Indorsed: "To the right honorabell the lordes of her Majesties most honorabell privie Counsell."
1192. Scrope to the Privy Council. [June. 1600.]
Lord Scrope's opinion for redressing present, and preventing future mischiefs, as presented and complained of to your lordships by the gentlemen of the West March.
Past offences: to be referred to her Majesty's clemency or justice.
Blackmail: by border law is march treason punishable by death, if the taker of it share it with a Scot, as their custom is. There should be a royal proclamation "in print," that any blackmailer suffer death, and the warden to proceed.
For the offences of the Grames and Carletons and other broken men, and their "forren" marriages.
1. That those allied to Scots come in at next assizes, on 14 days' proclamation before, and find caution to the warden for good behaviour: or be prosecuted as fugitives out of the Queen's protection.
2. That no man henceforward ally himself with the Scots "sub pena marche treason," if he dwell on the Marches.
3. If any marry his son or daughter "within age" to a Scot, this to be march treason in the parent: and on like pain, the son to depart the March at full age.
4. That none "triste" with Scots, or unless "in trod" or lawful business, enter Scotland, without the warden's license on "like paine."
5. That they discharge their Scottish farmers and servants by a fixed day, and receive none hereafter without the warden's license and giving security for their good demeanour, on pain of fine and imprisonment at his discretion.
6. That those who dwell in the Scottish border shall return by a day, or be dealt with as March traitors.
7. As they usurp royal jurisdiction and liberties: to be dealt with by statute and proclaimed under pain of death: unless they submit to the warden, justices of assize or of peace.
8. A "keeper" should be appointed over them to execute the warden's precepts and process against them.
9. A "legier" commission should be renewed yearly to gentlemen of integrity to inquire and certify offenders to the lords and the warden, whereby the greatest as well as the poorest man's faults shall be published.
Lastly, that the land sergeant of Gilsland reside within his charge: and your lordships to procure licence for the warden to make reprisal in the opposites for unredressed offences. That the 50 soldiers of Berwick appointed for Carlisle may be there on the 10th July next—the receiver to pay them monthly as wont—and if it pleased her Majesty to allow each man 4d. a day more, it would enable them to get horses.
2 pp. Holograph; also indorsement.