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Border Papers volume 2: December 1600

Pages 714-724

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

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1292. Johnston to Scrope. [Dec. 5.]

I have received your letter craving full delivery, and shall meet your lordship at Gretnoe kirk on the 18th instant, having taken order with all the bills received from you: doubting not you have done the like. I was "of mynde" to have come for setting down matters, to "Rocliffe of Carliell," but cannot as your lordship craves, make delivery but in the accustomed place "whilke I have set downe alredye." I hear by your letters you are minded to take advantage of some within my charge, for matters committed: "whilke I wold not wishe should be for breading of ' further inconvenyence." I shall always deliver for them that are answerable: and for fugitives, I myself shall meet your lordship, or send my deputy to meet yours, and use all rigour against them. Therefore if your lordship "do at your awne hande "I will think it disquieting our good estate. I will meet either two days before or after the above day as your lordship pleases to appoint. The castle of Lochmaben. Johnston.

¾ p. Copy by Scrope's clerk. Indorsed.

1293. Willoughby to the Privy Council. [Dec. 6.]

In answer to your lordships' of the 28th of last: first, you think it strange, that, according to yours of the 13th for sending up Sir William Evers, her Majesty's pleasure has received no satisfaction, at your dispatch of this last. I trust you will consider and signify to her Majesty, that of the 15 days between these letters, 8 is the usual time of the posts at this season, and adding time for my answers and instructions—for Sir William's preparations for his journey—"with thextraordinary foulenes of the way, and my weake health," you will find, I hope, that he could not arrive sooner—but having left this on the 24th, will arrive "with all dutifull expedition." You write further that "her Majesti is growne exceeding sensible of these straunge distraccions, in respect it will increase the scornes of her goverment, &c.": it is "bitterer then death" to me, that after such opposition in this important place, remote from trial, in the eye of the opposites, myself often honored with trust in her martial service, should now "in the closing up of my daies," be questioned as one without government, duty to her honor, to this place and garrison, nay void of religion, common honesty, and ordinary reason,—to forge vain titles, to force councils against law and oath, with much more mentioned in Mr Musgrave's complaint, not kept within the walls of Berwick, but as it seems, presented to her royal Majesty, to the Council of State, and published in court and country to my deeper grief than my pen must express! I leave "to that sacred hand which hath onely power to releive me." And my adversaries have (as you write) the opportunity of presence, time and place, while I can only commit my cause to papers, and solicitations of persons neither fully acquainted with my proceedings, nor "yet enured with the majestie and presence of such as must geve sentence." And though I have done my best to write, yet I fear either tediousness or too frequent packets may displease or encumber, want of well timed reply to particular charges, disadvantage me, or delay and distance cast me behind. Your lordships write further: "that many heere pretend that I am so full of innovations in the martiall discipline, that it breedeth nothing but confusion." For reply, I cast myself down at her Majesty's feet, craving but trial, and resign myself my place and lands into her gracious hands. Yet I humbly entreat that the said innovations may be averred under the informers' hands, and then judged with my answers. And learning from the lawyers that "in generalibus in est dolus," I beg that the charges in this last complaint, be specified directly with all circumstances necessary: to which end I have extracted out of the master's complaint last exhibited to your lordships, his general imputations, with my desire for his reducing them to better order for her Majesty and your lordships' proceeding to trial: on his doing which in writing perspicuously I shall answer the same in like manner, and undergo willingly such judgment as appertains.

Meantime I confidently anticipate thus much: that I shall be found free of his odious imputations, and that he is ignorant of military discipline, factious, mutinous, unfaithful in his place, "quarrellous with his preceders, wittingly and often breaking his martiall oath, and an untrue slanderer of diverse of us, his conversers and fellows in armes." But not to "dymme myne owne cleernes," by accusing him of what may be due to others as well as himself, "I can be content to admitt him his best lustre untill his owne hand in sort aforesaid, may better discover the truth for all partes; nothing doubting but the soveraigne justice will (for the honour and right to it selfe) make the worlde see what is right and wronge." Signed: P. Wyllughby.

pp. Closely written. Addressed. Indorsed. Fragment of wax signet.

Inclosed in the same:—

(Musgrave's imputations and Willoughby's answers.)

In two parallel columns under 27 heads, not consecutively numbered.—The charges are all as in the preceding letters and papers, with Willoughby's comments and notes on each.

The Lord Governor affirms the whole slanderous and untrue, as already shown in various writings addressed to her Majesty, to the Council generally, and some of them particularly, and will justify this on trial. Signed: P. Wyllughby.

6 pp. A single broad sheet. Indorsed.

1294. Willoughby to Nottingham and Cecil. [Dec. 7.]

I received your letters this Sunday morning about 9 o'clock: and yesterday about same hour I received your second letter for Sir William Eure, and answered it same day, but stayed sending it, for some things concerning these malicious suits against me. It will show whether I delay or not, and if you have received many letters of mine, after writing the first, I am very much deceived if your lordships had any other packet from me after the day I had yours, till that by Sir William Eure. If posts are so slack that they ride it in 7 or 8 days, "sometimes in tenn," that is not my fault: I have complained to the "Postmaster generall," as the difference of time must be from them. Clement Armorer was not here when your letters arrived: but will be sent up as soon as I get him. Sir William Eure can answer for himself in that matter mentioned by your lordships. I knew him very honest and fit for the work he took upon him to do with Cesford, thus—Lord Eure and the Council of York sent earnestly to me to do all 1 could to recover the escaped pledges: and I take it, Sir William was written unto by my lord his brother to same effect. We advised hereon, and thought Cesford the best means, "and proceeded so far as you Mr Secretary by my former lettres to her Majestie was informed of. Yf he have spoken with the King, dealt with any other persons or matter, but that and conscerning the swearing of the pledges bills, as I was directed by your lordshipps lettres: I utterly deny him and his actions, fre in my harte and soule, I protest before God, of any such matter! and so cleare, as when he desird my leave to have gon in and seen the courte, I utterly denyed yt, and perswaded him the contrary, as I have very good testemony for me: telling him in kindnes, as I was loath to deny him any thing that mought please his traveling humour, in seing courts and contries (tied therto by the conversation and frendship wee had had), so I was exceeding loath to geive her Majestie the least occasion of jealousy in these things: alledging unto him particularly th'example of Mr Henry Lee—which he semd to me very well content withall—and for this I present not only my own corporall oath, but others also." Things being so, if her Majesty please to conceive the least thought amiss of me I desire humbly to resign my place to whose hands she shall think fit, and abide trial, for I desire not to live falsely accused on one side, and suspected on the other. "Goverments have never beene so sweet to me as services, and yf I live but with her Majesties favor, it is more then I desire in respect of the thing called life, but of the joy and comfort in yt." Signed: P. Wyllughby.

pp. Addressed: "To the right honorable my very good lord the Earle of Nottingham and the right honorable Sir Robert Cecyll knight," &c. Indorsed by Cecil's clerk: ". . . Lo. Willoughby to my lord admyrall and my master." Wax quartered signet.

1295. Lord Roxburgh to Lord Scrope. [Dec. 7.]

Before taking any other course for redress of some intolerable wrongs done by some within your charge, or suffering such indignity so near my own "yeates"—a true subject taken prisoner, and "doble" incursions upon my friends' goods,—done by the goodman of the Mote, who took a Scotsman called James Pott within a quarter of a mile of my own house at Helleden, and detains him prisoner: and my friends' goods taken by "Dickes Davies" sons, young Davie and his complices "at twa severall" times from Whitlaw house, yet unamended: "whilkes all" if not satisfied by your lordships doing ordinary justice, releasing Pott, restitution of my friends "geare" and entering some of the offenders to me—I being able and willing to do the same on occasion—I must seek remedy for my own discharge. Helledon. Roxburghe.

1 p. Copy by Scrope's clerk. Addressed at foot. Indorsed: "Copie," &c.

1296. Scrope to Johnston. [Dec. 8.]

"Larde": if the bills are fyled and we know aforehand, redress shall be made, and on hearing from you I shall be well pleased to meet, if it be for the benefit of this country, "who have bene so mightely oppressed sence your entrie." For the Graimes: they say they will enter to you when you call, and if they do not, let them answer for their own offences: it is unfit for me to be a "broker" for them in their ill deeds. For acquainting your King, do as you will: I doubt not to answer his Majesty as befits my place.

I know not what you mean of taking advantage of some in your charge, unless it be Hebbies Arche, who committed a horrible murder, and divers spoils since your entry: wherein her Majesty has commanded me, with your King's approval, to do condign justice. I am sorry if it is offensive to you, but use your discretion, for I will perform my duty to my "highe and mighty Princes." Scroppe.

¾ p. Copy by his clerk. Indorsed.

1297. Scrope to Roxburgh. [Dec. 10.]

Replying to his complaint against the Goodman of the Mote and Dick Davies sons, &c., agrees that offenders should be punished on every hand: but considering the enormities on the West March since the Laird of Johnston took office, and by the Liddesdales "after the departure of the Lard of Buckclewghe" all done since his own return from London "about Lammas last ": the late cruel murders in Alston moor, a tenant of his own made prisoner and forced to pay 40l. ransom; when these are redressed by Scotland, he will be ready to do the like. Assuring him it will not be offensive, if thieves are punished. Carlisle. "Your lordship lovinge thoughe unacquainted freind lefullie." Scrope.

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

1298. Willoughby to the Privy Council. [Dec. 12.]

I am sorry her Majesty finds error in me: though it may happen to stronger men. But I am sure I have not failed in integrity and faith, though it is thought I have in discretion, by choosing Sir William Eure. Yet his father was lord governor and warden here, his brother lord warden of the Middle Marches, himself trained up with them, bred up religiously, and reputed valiant. These, added to his brother and the council at York's request for the pledges, made me choose him, myself sick, my deputy absent Sir William Bowes also, and those helpers I would have had, turned against me. I was confident this choice was good, and I gave him no such directions as he describes, leaving things to his own ordinary discretion, as custom I trust, warranted me. Would I have counselled him to satisfy " his ydle humour to have sene a wonder of such a Kinge as hath his subjectes in 'albarote,' and his neighbowres in jelousie"? I am not so foolish but that I would have disguised my ends, if they had been double. I deny giving him opportunity, he may have assumed it: but I protest as before, that if he has dealt in any other sort, I renounce him. I am utterly ignorant how he journeyed, to what places and persons, what passed betwixt him and the King—wherein I had dissuaded him, and he seemed to yield to my advice. I humbly beseech therefore that I may be acquitted of these jealousies, and confronted with him. "Thoughe I am verie ill able to travaill, yet desyre I of God to dye, before I lyve worthelie suspected of my soveraigne mistris or her state." Berwick. "At tenn of the clok what tym I received your lordships." Signed: P. Wyllughby.

pp. Addressed. Indorsed: ". . . Lord Willughby to the lords. His excuse for imploying Sir William Evers in Border causes." Octagonal wax signet: 8 quarters and 3 crests as before.

1299. Willoughby to Cecil. [Dec. 12.]

"Ther was one Johnston of Johnston, a scoller that was with my sonns in France, and taught them their first rudiments of learning, preferd to me some tenn yeares since by one Newcomb apperteininge to my lord of Buckhurst. I was wylling to have dealt with this man about some accounts of my sonns, and arrerages due to him (and therfor at that tyme, simply ignorant of these accidents), sent to him to come over. Wher unto he sent me this answer, togeither with Mr Nicolsons packett: which I send heer with, not only to continew the presenting of such occurrences as are offered me (which I will shun every day more and more)—but that yt may appeare truly and directly what I ame; for God is my wittness I use no finess, neither seek I to draw fayth or beleef so to my proceedings. I ame held perilous in Scotland, and so I had advice of a person of good qualety: it is enuff for me that my harte beares me record I am honest to England. Yf I were further from the tempestuousnes of Cheviot hills, and were once retired from this accursed coutry, whence the sunn is so removed, I would not change my homlyest hermitage for the highest pallace ther. In the meane season geive me leave to commend and pray for your happines, that are blessed with the sun of the South, and that one rayon of such brightnes may deliver me from the darknes heere: which I protest is no less to me then Hell!" Berwick. Signed: P. Wyllughby.

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

Inclosed in the same:—

(R. Johnston to Willoughby.)

I received your letter on the 5th instant, perceiving your pleasure is to have me come over again: which should have prevailed with me over my own private affairs, which I will never put before your lordships —but for this consideration—"at this present it was reported crediblie unto me, that summe have suggested unto the King, that your lordschip is the onlie moyen the Earles brether (fn. 1) hath in England, and undoubtedlie sutche ewill disposed persons wold suggeste likewyse that I did traflike in that negotiation, enforcing my cumming and going unto your lordschip; upon which consideration I staye wpon your honors second advertissement. If it shall seeme expedient unto your lordschip that I cumme, nether private or publike respect shall staye me from your honors serwice, whill I liwe: wtherwayes if your honors serwice doe nocht require, excuse him whome your lordschip may use at your pleasure. As for occurrences: the Kinges Majestie hath taken a petit progresse unto Lithgow, and thence to Stirling, from Stirling to Glaskow, from Glaskow to Hamilton, for the contentment of Monseur de Rohaines unto the christning tyme, which will bee the Tewisday before "Christmes, as is appointed. Marquis Huntlie doth not accompanie the King this jorney, but stayeth upon his returne at Edinburgh: he hath obteaned of the King sindrie immunnitieis and priwiledges in his owne cuutrie not granted to anie of the nobilitie heeretofore; which tend almost unto a soweranetie in his seingnorie. The King affecteth earnestlie a reconciliation betwixt him and Argile; which he will hardlie effect, for Argile will in no vyse grant ane assurance, muche lesse ane agreemente. The jealousieis likewyse betwixt Huntlie and Murre doe increase rather then decrease. Finallie, oure affaires werre newer more broyled then at this present, vith suche contriwing, plotting, and devysing, as hath not beene usually seene heere." Edinburgh. "Your honors most affectionat serwand untill death." Signed: Robert Johnestoun.

1 p. Holograph; also address. Indorsed. Wax signet: damaged.

1300. The Lord Admiral and Cecil to Willoughby. [Dec. 14.]

We would right gladly have set down our opinions on the questions touching Berwick by this time, but have been constrained to attend to other weighty matters, as your wisdom will satisfy your mind of the delay. But after some few days we promise to send you our opinions. For the present, that the world may see her Majesty will allow no contemptuous demeanour towards you, she has committed the master of the ordnance to the Fleet: and in consequence of the general report that your weakness of body daily increases in so far as you are in danger "(for the which her Majesty is not a little sorrye)"—it has pleased her to send down with expedition Sir John Carey to assist you in the service. Having touched this point, we must let you understand, that her Majesty is so assured of your temper and judgment, conjoined with affection to her service, that no private unkindness shall hinder your concurrence with any man therein—" yea though there weare the greatest mislike or quarrell." Wherein, as Sir John Carey goes down fully resolved in this spirit, to give you all your dues without prejudice to his place, though we thought it superfluous, yet we thought fit to touch it thus: and also to let you know how much her Majesty desires to understand of your good health and recovery. From the Court at Whytehall.

pp. Fair copy. Indorsed by Cecil: "Barwick."

1301. Sir R. Carey to Cecil. [Dec. 16.]

Your last letter wherein was a packet to Mr Nicolson, I received on 11th hereof at 10 P.M., and sent it away by 12 that night by my own servant, who is returned to me this night at 9 o'clock the 16th, with a letter to you which I inclose.

We are very quiet, and except you have otherwise to employ me here I would gladly have license to come "southeward" after Christmas: for though her Majesty was pleased to say to me when last at Court, that I might come up when I thought good, without troubling her, "I will not offend with to muche presuminge." Woodrington. Signed: Ro. Carey.

½ p. Holograph; also address. Indorsed.

1302. James Hamilton to Mr Willies. [Dec. 17.]

"Good Mr Willies. This bearer Patrick Carmichell a Scottisheman borne, having served Mr Downall for some yeares, is now desyrous to repare unto his owne countrie, their to remayne as he allegeth: for which cause he craveth his passe, wherof I pray yow to move Mr Secretarie." Signed: James Hamiltone. I pray it may be for himself and his horse.

p. Holograph; also address: "To my loving friend Mr Willies attending the right honorable Sir Robert Cecyll knight," &c. Indorsed: ". . . Mr Hamilton for a pasporte for Pa. Carmichell Mr Downalles man." Wax signet: damaged, part of shield with 2 cinquefoils in chief; crest: on a helmet a boar's head couped.

1303. Willoughby to Nottingham and Cecil. [Dec. 22.]

"Your lordships' last of the xiiijth found me extraordinarilye bound to my bedd, where I have attended the good hand of God": earnestly desiring to have attended the musters now in hand, for reform of some long standing abuses—but my state is such, that I am forced to commit it to my assistants, duly instructed as I best can for the time.

Her Majesty's most royal and gracious comfort by your lordships' letters, timed in "those my manifold distresses of my goverment, my honour and my health, it hath brought me the greatest joye that this earth can give." It "hath racked" my sick heart, between a desire to die contented with this royal grace, and so leave "this wretched world to itself,"—on the other side, a desire to live and " increase my merrytt towardes my sacred soveraigne," and acquit myself of all imputacions. I am further distracted that I cannot express my thankfulness, but am forced to rest in this thought: "If I dye, my soule shall bless the comfort and the comforter: if I live, my actions shall make good that zealous loyaltie to her gracious Majestie, which wordes can doe no other but too weaklie express."

Craving pardon of her Majesty, and beseeching your lordships to excuse any errors in my letters, from my sickness, "wherin nightes and dayes are both alyke to me," I humbly entreat you on my behalf to present to her highness the following.—That while the place I hold, would have fitted my service to her, as agreeable to my experience and training, my hope is frustrated by my fault or feebleness, and it becomes me "to restore it untaynted to that unspotted hand which gave it first." I am most loath to be found in fault, and therefore rejoice in the prospect of justice by your lordships' letter, but my feebleness is such, that if I did not confess myself unequal to the burden of this government, " I should synn against God, her Majestie and myself." But I "whollye depend upon whatsoever God and her Majestie may be pleased to determyne on me and myne." Berwick. Signed: P. Wyllughby.

pp. Addressed. Indorsed. Wax signet: broken.

1304. Willoughby to Cecil. [Dec. 27.]

"My sicknes still continuiuge, Sir William Bowes this afternone came to me with earnest request he might follow his busines in Darbishire, wher in at this present, he is exceedingly pressed . . . In his owne regard I could hardly say him nay: but truly Sir, such is the state of this goverment, and governour at this present, as yt can noeway indure his absence "—as your judgment can apprehend, to which I leave him and myself. Berwick. Signed: P. Wyllughby.

½ p. In hand resembling Willoughby's. Addressed. Indorsed. Wafer signet (Bowes); motto: "Sane varange term de vi.(?)"

1305. Willoughby and Bowes to Cecil. [Dec. 31.]

We have received your letters of 22d instant to us jointly, wherein it pleased your honor to give us knowledge of the disgraceful imputations, now intimated by our adversaries against us to the Council, offering you our affectionate thanks for the same.

We see in your letter that the lords have written for satisfaction by me the treasurer, against Sir John Carey's imputation of my default in the pay: which letter we have expected these three days—but lest by "accident or sleight," our receipt thereof should be impeached, I the treasurer set down my answer to the points charged, and if before its delivery the lords' letters have been dispatched, this answer to rest with yourself. Praying you, if the lords have not written, to be pleased to instruct Mr John Guevara, whether still to await the lords' letters, or exhibit this answer to them.

As the pay is yet unfinished, we cannot send the certificates mentioned in the answer for 3 or 4 days, when if the lords' letters arrive not, they shall be sent to Mr Guevara, whereby I the treasurer confidently hope to acquit myself of that disgraceful suspicion, and lay the fault where deserved. We sorrow at the disadvantage of our distance, detained by our duties here: our papers can neither ask for right, nor reply to wrong, while our adversaries can pursue both one and other—but must commit our cause, first to God, then to her Majesty, and next to your honorable self. Berwick. Signed: P. Wyllughby. Will'm Bowes.

1 p. Addressed. Indorsed. Wax signet (Bowes): fragment.

1306. Willoughby to Cecil. [Dec. 31.]

This day I stayed one passing this way, that called himself "Robert Johnson a Scotish merchant, and under that name had obteined your pass and comission: but finding by his gesture, meane apparell, and riding post without bootes," he was not what he pretended, I examined him, when he confessed himself an Irishman employed by you in the Queen's service. "I demanded him how he came to your knowledg? He told mee the mayor of Sandwich at his arrivall sent him to the lord warden of the Cinq Portes, who sent him presently to yow. Being demanded, what maner of man my lord warden was ? He sayd a goodly fayre younge man. Beinge likwise demanded, of what stature yow were, and of what complexion? Answered, of a midle stature, with a black head and beard. He told me your servant Mr Willes brought him to yow; whome he affirmeth to be of a tale stature like himself." I acquainted Sir William Bowes, have detained the man, and send inclosed such letters as were found upon him: desiring to know your pleasure, whether he shall go on or how otherwise you will have him bestowed? Signed: P. Wyllughby.

1 p. Hand resembling Willoughby's. Addressed. Indorsed.

1307. Sir W. Bowes to Cecil. [Dec. 31.]

Having of late heard nothing from Mr Guevara but by my servant Hodgsoun, now drawn home from soliciting my causes, to assist the Queen's pay: I learn from him your especial favour in answering for me at the "Counsell boord," to the accusations of the master of the ordnance, continued in your honor's last letter in regard of Sir John Carey's charges, whereon I have touched in the lord governor's and my joint letter. For these, I yield such dutiful thanks as my pen can deliver.

" I find my self narrowelie tried with these crosses, my want of health, troublesome sutes in lawe, great impeachment and loss in my works (being the best part of myne estate) by my attendance here, and unquiet service in an unpleasant place; and that which toucheth me neerest, the apparant hazard of my credit in the eye of my soveraigne and the state, and yet ever blessed be that truth, which hitherto suffreth me not either to faint or faile from God, the Queen, my frind or anie honest man."

But I find myself overburdened thereby, and must in duty give her Majesty notice, that this place of her service will be attended with my ruin. Yet I stand clear in the matter of her treasure, and will testify the same to your honor in few days. Notwithstanding the undeserved charges against me, and the hard opinion conceived therein by "some great persons," I conceive "that howsoever these distempers may like nettles sting, if they be softlie touched, yet if they be thoroughlie handled, a little paines tymelie taken for reformacion may exceedinglie benefitt her Highnes service, and make this place an habitacle for quiet and good men, which nowe is farr otherwise." The reforms may be "reduced to these fower: the men, the victuals, the treasure (wherein also the workes wilbe), and the municion." And as concerns my especial charge, I think the Queen may save more than a 1000l. yearly, and be better served. The rest I must leave to whom they more properly appertain: yet will be ready on command to give my opinion freely and faithfully without fear or partiality.

I desire to do this under her Majesty, to none so willingly as to yourself, if she shall so find good: "unto whome, kissing her feet, I doe humblie comend this thought: That as none but the soveraigne greatnes could drawe light out of darknes: so none but soveraigne wisedome and happines can drawe our good out of this evill." Berwick. Signed: Will'm Bowes.

pp. Closely written. Addressed. Indorsed.

1308. Fees of the Lord Governor, &c., at Berwick. [Dec.]

"The severall fees and intertaynementes of the Lord Governer and counsellers."

The lord governor has 40 household servants at 6l 13s. 4d. per annum, "whereof he keapeth not one," 266l. 13s. 4d.; and his fee by the establishment, 400l., total, 666l. 13s. 4d.
The wardenry of the East March per annum, 424l.
1090l. 13s. 4d.

"An house without rent, no deductions saving for the church, the phisition and the poore."

"Resident":—The marshal has 20 horsemen at 6l. 13s. 4d. per annum, amounting with his other fees to 260l.; "he is warden of the East Marches by pattent, the yearly fee thereof 424l.," in all, 684l.

Deductions:—A provost marshal, "who haith the keaping of the gaole, &c."; a deputy warden; a warden sergeant, 40s.; "for the church, &c."; house rent.

"Seldome resident":—The treasurer has 20 horsemen at 6l. 13s. 4d.; "wherof he keapeth not one": which with his other fees by establishment, makes up 260l.; as paymaster of the works "when they amount to 1500l. in one yeare," 168l. 3s. 4d.; for portage, &c., of money "20s. in everie 100li.," which for his yearly receipt of 15,000l. comes to 150l.; in all, 604l. 16s. 8d.

Besides 40 marks for house rent, "and the profitt of such money as resteth in his handes."

Deductions:—A clerk that pays both garrison and workmen, "a pencioner, haith good meanes to gaine in his place, therefore; his charges of portage, and accountinge; for the church, &c."

"Resident for the most part":—The gentleman porter his yearly fee, 20l.; 6 horsemen at 6l. 13s. 4d. yearly, 40l.; 14 footmen at 5l. 6s. 8d. yearly, 74l. 13s. 4d.; "and for an increase given by her Majesties guift," 50l.; in all, 184l. 13s. 4d.

Deductions:—An under porter, who takes the keys from the Governor to him, and attends all services of the gates, yearly, 13l. 6s. 8d.; 8 yeomen porters at the gates from opening till shutting, 5l. 6s. 8d., "le peice," 42l. 13s. 4d.; this number increased as needed; house rent, 20l.; "for the church, &c.," 4l. 15s. 8d.; "somes deducted," . . 80l. 15s. 8d.

So remains clear to the gentleman porter for himself, his table, &c., . . . . . . . 103l. 17s. 8d.

"Not resident":—The chamberlain has 12 soldiers, viz., 4 at 6l. 13s. 4d. and 8 at 6l. each yearly, 74l. 13s. 4d.; "for which he keapeth not one man," and with other fees amounts to 94l. 13s. 4d.; "everie chamberlains seale as now used, 26s. 8d., which may be communibus annis," 13l. 6s. 8d.; his company of 100 soldiers is worth yearly 160l., in all, 268l.; he has the castle to dwell in without rent.

Deductions:—" For the church, &c."

"Seldome resident":—The master of ordnance, his fees and allowances, 146l. "His other meanes by his office are thought to be profittable, but unknowne."

Deductions:—House rent: a clerk: '"for the church, &c."

"Not resident:—Sir William Reades estate by her Majestie." His company of 100 foot worth 160l.; "besides 10 payes, which he wrongfully holdeth ut infra."Keeping of Holy Island, &c., by patent for his own and his son's lives, 362l. 17s. 4d.; the rectory of Holy Island by lease from her Majesty "for many yeares," valued at 366l. 13s. 4d.; "a warren of cunnies there by like lease, per annum," 20l., in all, . 909l. 10s. 10d.

"Besides the said 10 payes, which he wrongfully holdeth, as being cassed in his companie by lettres from the lordes of her Majesties most honorable privie counsell, in the 4th yeare of her highnes raigne, for augmenting the intertainement of certaine captaines, leivtennantes, and ensignes, discharged after the seige of Leith, and serving in that band, who are now all deade, and therefore ought to be supplied againe."

Deductions:—" For the church, &c."

"The gentleman porters request."

By the above it appears that all the other councillors, both superior and inferior to him, "have almost treble his cleare fee, and not half his charge, especially in housekeaping": his residence being much more than any, except the governor.

A "deade paye " from each company is commonly allowed to the sergeant major, which the porter is in Berwick.

At "Callis," with a less garrison and fewer gates, the charge for gates was 400l. yearly.

He humbly sues to be allowed "one deade paye, without check" in every band of 50 foot, and two in every band of 100. Or if this reduction of the garrison be disliked, it may be then supplied by the said pays, wrongfully possessed by Sir William Reade by connivance of the clerk of the check. If neither of these "helpes" be thought fit, then he humbly craves the reversion by patent of the comptroller's office of the check and musters: "in the execution of which office where anie store of workes are, he will undertake to save her Majestie 300li. per annum."

pp. Drawn up by William Selby (junior) and written by his clerk. Indorsed:". . . The gentleman porters request."

1309. Regulations, &c., for the Border. [1600.]

"Advise conteyninge a reformacion of the over generall and indeffinite power of the lordes wardens of the Marches towards Scotland; beinge grevous and injurious aswell to good men as to the evill disposed: as also for reducinge the lawes of the Borders betwixte the prince and subjecte, and betwixt subject and subjecte, both in criminell and civell causes, to a certaintie, which are now uncertaine, and insufficiente for all kind of trialls that doe happen in warden courtes: which is donne by settinge doune in cleare and expresse wordes, suche lawes as are now held "to be in use, beinge heartofore confused and ambiguous, and addinge suche other new lawes as are necessarie, and cannot be wantinge, for the due execution of that kind of justice."

The contents are explained by the above heading. They are drawn up at great length in separate unnumbered paragraphs—with marginal notes in another hand than the body uf the paper.]

53½ pp. In a fair contemporary hand. In parchment cover. Indorsed: "Borders. Lib. 34."

1310. Manner of Holding days of Truce.

[Under 45 heads not numbered—treats of the warden, his authority, duties, servants, &c.]

Extracts.

Indents are by papers, containing the manner and circumstances of bills filed.

"Foule" is "culpable": "cleane" is "innocent"; "foule condicionally" is, "where the partie was arrested and appeared not."

"Troade" is of 2 sorts; "hote troade, viz., fresh pursuit when the goodes are stollen; cold troade, viz., at any other time after."

"Wittnessing of a troade, is when the pursuer on the first person he meteth of that nation, into whose countrie he entreth in pursuite, or on the person or persons he findeth in the first village he cometh to of that nation, taketh wittnes that he is in a lawfull trode, and prayeth ther companey and assistaunce in his pursuite."

"Troublance of a trode" is when any one assaults takes or annoys the lawful pursuer of a trode.

" Taken with the read hand," i.e., in the "deede doinge or manure."

"Bawchling is a publicke reprooffe, or rather ane appeale, by holding a gloave (representing the false hand of the person bawchled) on a speares pointe, at a day of truce or other assemblye of English and Scottes, wherby the partie bawchled is accused or challendged for breaking his word, faith, or bond: and some times the speare and glove are by the accuser fixed on the housetopp of the person accused: but this is very punishable by the treaties, yf it be done without the princes or the wardens licence."

"Triste or steven," is a meeting on the March by subjects of both realms.

"To file a bill" is to avow its truth. "Principall," the true single quantity of a bill. "Doubles," another single quantity. "Sawffies," a third single quantity.

Every one filed or convicted of a bill for stolen goods, is condemned to pay three for one (with exceptions), viz., "principall, double, and sawffie."

6 pp. In another hand. Under name parchment cover as last number.

Footnotes

  • 1. i.e., Gowrie's brethren.