Border Papers volume 2: October 1602

1493. Secretary Cecil to Sir John Carey. [Oct. 2.]

Imperfect at beginning.—Some person of whom Cecil is writing (fn. 1) is said to have "not only tould one Daniell Archdeacon that he hated the Kinge of Scottes, his soverain, for some hard usadge, but that he practised his death and sett 6 persons about it that had failed, but hath also accused me that I have imployed him to betray the Queen and kingdome to the Spaniardes: booth which as it is trew that he denieth and forsweareth, soe for that which conserneth me, I can have but the one his yea, and the other his nay, and therfore care not for such a Jeseuistes ly? But for the other—because Daniell Archdeacon hath soe confidently assured it towching the K., and had revealed it to divers Scotts, her Majesty was pleased my Lord Hume should heare them face to face, for as much as concerned the Kinge: which I was not sorry, because he had been used by me for other purposes, which might have been wrested maliciously to some other cause of my employing him—who I know am and ever shalbe unacceptable unto Scotland: though I hope Godes providence shall defend me and his grace restrayne me from any vile or base action against any. Now sir, Daniell Archdeacon, as it seemes having accused him of this concerninge the Kinge, (fn. 2) and keept noe secrett of it at his cominge out of Flanders to me lately, Moubrey tooke knowledge of the accusation, and desyred to be cleared, for which I knew noe better way then to bringe them to the Lord Hume, who heard them booth, as I thinke he will tell you, most monstrously contest it one agains an other. Wheruppon the Lord Hume concluded there was noe other remedy left for satisfaccion then to lett them booth trye it. Wherein, because this kingdome admittes noe combattes, nor the liberty of this State permittes not the delivery of accused persons to another state against ther wills, her Majesty beinge content to be ridd of a couple whereof nether barrell is better herringe, it was agreed they should booth goe into Scotland of their owne accordes, and soe have they promised, for tryall of the truth by combate. The Lord Hume first saying he would take Mowbray downe with him, but after hath changyd his mynde, whereuppon I writt him this letter inclosed." Thus have you the whole matter from beginning to end: and for Moubray's stay in Berwick when he comes down, and of Daniell Archdeacon afterward, limit each to some certain place on the border or in the town, as you think best.

4 pp. Draft carefully corrected by Cecil. Indorsed: "1602. Mynute from my master to Sir John Carey. October 2." A page (or more) has been lost.

1494. Sir John Carey to Cecil. [Oct. 4. 1602.]

The bearer Captain Read, having particular occasion to come to London, has entreated me to recommend him to your good opinion: having heard how much Captain Jackson has slandered him as incapable of his father's charge, and also done his best to bring her Majesty to hard conceit of me for appointing so insufficient a man. I assure you the gentleman is very honest, valiant, and well qualified, but want of experience and lack of employment obscures his forwardness and hinders his good fortune. His appointment was not rashly done: but at the long suit and free resignation of his aged and well-deserving father, and the full consent of all the other captains and the officers of his own company. Desire of rule and commodity has made Captain Jackson so impudently bold, rather than knowledge of any insufficiency in him: so I doubt not your honor will approve my choice. Berwick. Signed: Jhon Carey.

I have Lord Hume's letter that he has the King's warrant to receive the two "combatters," and take them to Edinburgh to light: and I am to deliver them to him this afternoon at the Bound road.

1 p. Holograph. Addressed. Indorsed: "1602, October 14. Sir Jhon Cary to my master. By M^r Reed." Wax signet: swan, &c.

1495. Scrope to Johnston. [Oct. 7.]

The Lord Scrope's answer to the Lard Johnston's offers.

First:—It is not impossible that Johnston will prove Rob the Grame to be a Scotsman baptised in Scotland, by witnesses of like quality—but I will prove him an Englishman by substantial persons, and before myself and others, the night he was taken he confessed himself such, craving I would be good to him. Whatever his nation, the King cannot be displeased such an offender suffers March law.

Second:—Discusses hindrances of the two wardens' meetings by weather, &c.

Third and fourth:—The capture is legal under their indents: challenges Johnston to deliver Rob of Laugriggs, &c., to abide the law unconditionally.

1½ pp. Written by Scrope's clerk. Indorsed (as title): "Sent to the Kinge by M^r Roger Ashton."

1496. Henry Butler to Henry Haggerston. [Oct. 7.]

"I truste in God youe bee all merie and in good health." I and Thome Haggerston expected your coming home before last assises, or at least to have heard from you: for at Newcastle assises I was told my son was there and you were with him, and so expected word or letter from you by some of "M^r Baron Savell his men." Tome Haggerston has had "the childer pockes, and ofttymes called of youe, but God bee praysed is verie merie nowe; and Jacke Atherton hayth hayd them lykwyse. Youe have myste this grese tyme a greate deal of huntinge for that I have beene muche abroade. I have whyste your master that yf hee hayd anye occacon of busines to London, that hee would eyther wrytt or sende unto mee; yt maye bee that hee will sende youe or at the furtheste wee shall meete at Chrismas when your master comes. For newes: what I have, I have sertifyed unto your master; yf youe demaunde of him, I knoe hee will shoe youe. The bearer herof, M^r Henrie Butler, whom youe doe knowe, whome was with mee at Lyskcoe in Lente was twelmon: bestoe of him in Barwicke a quarte of wyne or a potle and suger, and I will acquytte yt youe at your cominge into Lancashire. His meaninge is to travell into Skotlande to the Kynge of the Skottes, and hee rydeth of the litle blacke nage which was my brothere Banesteres, wich hee hade of mee in exchange for another. Thus "trustinge in Gode youe bee all in good health as I [and] all myue is at the makinge herofe, I end." Rawclyffe. Signed: Henry Butler.

¾ p. Addressed: "To Henrie Haggerston, servante unto William Haggerston esquire, at Haggerston or Hessell rygge," &c. Indorsed.

1497. Henry Butler to William Haggerston. [Oct. 7.]

"Sonn Hagkgerston, my comendacons rememembred unto my brother, my syster, your selfe, and litle Lucke, and to my cosin Henrie and your sisteres and the rest of my frendes and youres. Youre sonn Thomas hayth hayd the smale pockes, but thankes bee to God now is gotten paste them, and is verie well: and Jacke Atherton lykwyse hayth hayd them. I and Tome Haggerston did expeckte of Henrie Haggerstons retorn at the laste asysses, but I could here nothinge from youe nor him, but I truste in God youe bee all well. I have hayd my health verie well this grestyme, and hath gone more abroade a huntinge then I have doone any tyme this sixe yere. For newes in these partes, wee have none: my sonn Robert his wyffe is gotten downe, and God hath bleste her with a daughter. My sonn Atherton doth goe from mee aboute a moneth or sixe weeckes hence to bee maried unto one M^r Cavelley his daughter and soe to contynue with M^r Coveley. I doe expeckte, accordinge to your promyse, that youe will com and make merie with mee this Chrismas. Yf youe have anie occacon of busines to London this tearuie, yf youe eyther sende your letter or Henrie to lett mee understaude what yt ys, betwyxte this and some daie come forthnight, yt shall bee foelowed as yf yt were my owne. Thus trustinge in Gode youe are in good health as I and all my howsehoulde was at this instante, I byd youe hartely farewell." Rawclyffe: "Your asewred father in lawe." Signed: Henry Butler.

"Postcript.—I have sente this my letter by this bearer, whom his of my owne name and neere a kyne unto Sir Philyppe Butler. Henrie Haggerston doth knowe the gentilman verie well for that hee was with mee at Lyskcoe in Lente was twelmon, and knoweth the cause of this his travell."

1 p. Addressed: "To my lovinge sonn-in-lawe William Haggerston of Haggerston, esquiere," &c. Indorsed. Wafer signet; a cup (?) "N." at one side, "E." at the other.

1498. Scrope to Cecil. [c. Oct. 8.]

Here were recently with me, "the Kinges principall minister, divers of that countrey gentlemen, Roger Ashton, with George Nicolson directed to me from that King." I gave them such reasons and the best entertainment I could, that they were well satisfied: and prayed them to get the King to send me the heads of his desires in writing, and if I leave anything for the good of both realms undone, let me be blamed. If he merely calls his broken men before him, doing no execution, he will make them more "mallapert," and they, being sharp-witted, will take his coming as a "mock holiday." I see he will write earnestly in Robert Grame's behalf, "not to save his life, but to have the execution": but if it please her Majesty, I wish no further liberty granted to him, till she call me before her to hear my excuse. For greater offers will be made to her for these 2 Grames, than any here can remember: and she should reap the fruit of her mercy, shown to either of these. For if they are returned to Johnston, it will bind all their broken friends, not few in both countries, and strengthen them against us. And as Roger Ashton is promised 200l. to save Robert, he will sue earnestly. George Nicolson prayed me to send you these letters inclosed. Signed: Th. Scroope.

2 pp. Holograph. Addressed. Indorsed: "Without date. Lord Scroope to my master … Receaved 13 October."

1499. George Nicolson to Scrope. [Oct. 12. 1602.]

Sending him a packet to be forwarded to M^r Secretary, containing the King's letter for redelivery of Rob Grame, and signifying, at the King's request, that as he will be gone before the Queen's reply can come, Scrope will deliver Grame to Sir Robert Carey, Sir Robert to Sir John Carey, and the last to such as the King appoints to bring him for justice, "as a notable villanous thefe"—a good riddance to Scrope—though, if he dislikes it, he may make other arrangements before the directions come back. The King begs him to be ready to keep out his outlaws, when he ranges his borders, whereof he will give Scrope due notice. Encloses a letter to Sir Robert Carey, and a note to Scrope, of the men in prison at Dumfries. Johnston is "this day" bringing in his men to arrange with the King. Dumfries. Signed: George Nicolson.

The Laird of Greatney is Scrape's good friend with the King and Scrope is much beholden to him.

1 p. Holograph. No address. Indorsed.

1500. Scrope to Cecil. [Oct. 13.]

George Nicolson asked me to convey the inclosed to you, wherein is the King's letter for delivery of one of these thieves to him for execution. It were good first to see what justice he will do on the thieves he has got already, and then he might be trusted with this man. As he has given his word to hang him, her Majesty may either deliver him, or take caution of his friends for the quiet of this country.

I entreat your answer—as my occasions are great—whether I may come up soon after Martinmas or not? that I may provide my house to stay here all winter, or else choose a sufficient honest man as my deputy while absent. Butler has sent me the reasons of his travel, and is fearful to come up lest my lord of Bedford prosecute him. If no matter of state is found against him, I pray you favor him what you may "in the other cause": for I see many good parts in the man, and he may do the Queen good service, if he will be true. As he is "very timorous" of the Earl, this induced him to request me to write to you for him, whom I pray you use the better, as it was his fortune to fall into my hands.

John Musgrave my deputy, was lately convoyed to Scotland by the Laird of Newbye, where Carmichael his son-in-law brought him to the King "a huntinge," who conferred with him apart about 2 hours, as a Scottish gentleman saw and told me. Let me not be seen in this. Some say the Captain of Bewcastle was privy to it. John is coming up, and will not deny it, if you examine him strictly. Signed: Th. Scroope. I send you herewith "Butler his travel ditated under his owne hand."

2 pp. Holograph. Addressed. Indorsed: "Lord Scroope to my master without date. Receaved 19 Octobr."

1501. Sir John Carey to Cecil. [Oct. 13.]

In answer to the first (dated 28^th September) of your two letters, desiring to know what letters I have received from you to Master Nicolson in a month? Many are not dated, but I have since 30^th August, received these—one that day, on 6^th September another, on 24^th another, on 26^th another, and on 4^th October another: all which were delivered to him in Scotland. On 8^th October, I received your second letter to me without date, or any letter for him, but with a copy of your letter to Lord Hume touching Master "Franses Mowberey." Having certified me by your letter, of his manner of proceeding with you—like himself in my opinion—for never better fruit will come of trusting a Scot! I find by your letter he is to stay here, till his leave is got to enter his country: but neither he nor my Lord Hume are yet come this way. Berwick. Signed: Jhon Carey.

1 p. Holograph. Addressed. Indorsed. Wax signet: swan, &c.

1502. Cecil and another to Scrope. [Oct. 16.]

"We have booth of us acquaynted her Majesty with your procedinges": and she so noteth your care and diligence that "we must have written this lettre, though we had had noe other subject … But sir, you must first understand, that where the Kinge hath written unto you to meet him at Dumf reys, her Majesty alloweth youe discretion in avoydinge, as a matter which noe warden dare doe without her Majesties expresce order": which should satisfy the King, as you have offered all correspondence by your deputy warden. For the other point as to the Grames: we can say no more than if you can prove the things in your letter you have done well to seize them: for though the Scots move for the worst offenders, not sticking "to informe blacke to be whyte," to serve the turn and get men spared, yet the King, though he may at first write as a prince having many to please and cannot correct broken men as he would, will afterwards take reason for payment, and be satisfied, if nothing be done contrary to the treaty. For your coming up: something has been done, but not "soe wrought" that we can send you assurance, wherein we shall do our best.

3¼ pp. Corrected draft. Indorsed: "October 16. Mynute from my master to my Lord Scroope."

1503. Cecil to Scrope. [Oct. 19.]

"Your letter of the 13 before this last, which I receaved yesterday, advertised the takinge of M^r Butteler: and this which came last contayneth a declaration as if he had willingly rendered himself and those letters—the contraryetye of which two circumstances your lordship next must reconcyle, and therefore for the present only, I thinke good to lett you understand that, although those letters bee in the Queenes mynde arguments that his hart is fallen from his duty to God and his countrey, yet beeinge tould that his miserye might force him further then otherwise he would, and that in some sort his adresce to the Duke of Feria may be excused by his fathers beeinge brought upp with the Dutches: I doe fynde that it weare easier to gett a dispensation for those thinges, then that her Majesty can forgive soe desperate an attempt as he committed in the howse of his lord, for which they say here he is allready outlawed; and I assure you I doe perceave that his life is like to be shrewdly prosequted by the Erie and his frendes." So that howsoever the Queen's mind may be moved by time and his friends to take compassion of him, you shall do well to take care he escapes not. So much for that matter. It now remains for you to consider wisely the true state of Greame's apprehension: for as the King so earnestly solicits him, and by Nicholson's letter means to execute him, her Majesty would know from you what might be the prejudice that he should have him? and your lordship must presently send us up word in what sort justly she may deny him? For my lord, if she be tied by treaty to deliver him, then nothing can warrant his detention: but if only by courtesy, then let us know of what use it will be: whereon she will then use her own judgment. You may be assured, unless you approve, her Majesty will forbear it: and for my part while you shall be "my oracle" in all such matters touching her honor or the safety of the border, yet, when things stand well between princes, "reasonable requests should be granted" where the amity is so necessary, and so many ready to interrupt it, "lovinge to fishe in troubled waters."

For your leave: I have moved the Queen, and will do, but where you ask this matter to be stayed till you come up, her Majesty likes much better to hear from you, and not make the thing of such importance, as that she cannot decide without seeing you. So doubt not my good will, if I cannot procure your leave when I would—you know her Majesty is unwilling to resolve these things at first—but hope in my next to speak more certainly, as we would all be glad of your company.

If ever you hear of the "party agayn, that rydd upp and downe with the vizard, doe your best" [ends abruptly here].

6 pp. Corrected draft. Indorsed: "Mynute from my master to the Lo. Scroope, October 19."

1504. Sceope to Cecil. [Oct. 22.]

I send these from George Nicolson, and also the King's direction to Johnston, showing his satisfaction with me. He is departed well pleased: has hanged 11 "poore theves, but had they bene of the great ones it had done more good."

Our prisoners thought to break the gaol, and were ready to come out, but I hearing of it, "entreated them to kepe thir old lodginge: I hope this geole deliverie will ridd us of that trouble."

The two Grames, so earnestly desired by the King, rest till we know her Majesty's pleasure. Signed: Th. Scroope.

Yesterday Jo. Musgrave, late my deputy, and the Laird of Newbie, went to Scotland to the King: "I hope for no hurte."

1 p. Holograph. Addressed. Indorsed. Wafer signet as before. Inclosed in the same:—(Orders to Johnston.)

"Apud Drumfrese xviij° die Octobris 1602."

Directions to Johnston as to giving and receiving justice from Scrope for complaints since their mutual indent of 16 July last, till the taking of Rob Grame: requiring George Nicolson, agent to the Queen of England, and Richard Bell, Lord Scrope's clerk, to inform him thereof.

¾ p. Scottish official hand. Indorsed.

1505. Sir John Carey to Cecil. [Oct. 22.]

The King's long absence in the West Country, and Nicolson there with him, gives us no news. Master Francis Moubray, whom you formerly wrote of, came here on Thursday 14^th October. My lord Hume lay that night at Chillingham, Master Rafe Graye's house, and next day, Friday, went over the water nearest to his own house, being desirous to go the speediest way to the King in the West. I would have written sooner of Mowbray's coming, but have daily expected Master Daniel Archdeacon, considering their causes are both one to try their honesty. So have thought good to certify you, that you may either cause "the partey" come hither, or make him give over his "plee," and leave this gentleman here to take his best course for his own business.

Now on my own affairs: I hear by "fleyinge" report that my lord my brother is very weak and in some peril, though I hardly believe it, thinking, if it were so, some friend would have sent me word. But howsoever, I would be glad of the same favour that others have, viz., to follow my own business, and, were it not so unpleasing to you, would sue for leave to come up: having many more reasons than those who not only come up but are suffered to remain there. Surely, if my brother do otherwise than well, or is in danger, it were fit I should be there "to doe for myselfe," knowing that her Majesty, being troubled with importunate suitors, will have little means to remember me so far off. Desiring your friendship for me in my greatest necessity: for, in good faith, I am almost undone and clean out of heart. Berwick. Signed: Jhon Carey.

1 p. Holograph. Addressed. Indorsed. Wax signet; swan, &c.

1506. Scrope to Cecil. [Oct. 24.]

I see by your letter, received this day, what indignation the Earl of Bedford has conceived against Butler: and other charges against him. I earnestly beg you will either let me send him to Berwick, where "my sister Carey,"being of kindred to him, will see him safely kept, my charges being heavy with 5 men guarding him here, and specially I would rather the earl's severity fall on him when out of my custody: or take some other course to rid me of him as soon as you can. For the Grame the King wrote for: George Nicolsou has been here this week, and the country gentlemen and the Grames are to be before me on Wednesday next: protesting much service, though God knows what performance. I have satisfied the King by letter, that, in taking that prisoner, I was justified by Johnston's last indent: but desire to have leave to come up, before he be redelivered to the King, as I would not be here when such a thief and murderer is so disposed of. For all the King's pretence, I doubt if he means to hang him, for at Dumfries he only executed the poor, and let the rich go. M^r Nicolson is an earnest suitor for the Grames: but if they fail in their promised service it will make him more "warie" hereafter. John Musgrave of Edenhall was with him, who confessed being twice in Scotland: whereof "George" tells me he has advertised you at large. Signed: Th. Scroope.

2 pp. Holograph. Addressed. Indorsed.

1507. Scrope to Cecil. [Oct. 27.]

This day the gentleman of this country, the Grames, and M^r Nicolson, were before me, and by his and my advice the Grames drew a petition, a copy of which and my answer I enclose, whereby you will see they have made such offers as never before, on the taking of these two Grames. "M^r Sherife" and others feared I would set them at liberty, and were ready to come up and complain of 14 burglaries done on him since Christmas last: till I assured them her Majesty would see the names and the ofiences of those the Grames are undertaking for, before these two are freed. I enclose my answer to Johnston's propositions. Signed: Th. Scroope.

"Postscript.—For the love of God, now that the Grames have all thinges as they wishe, let me here of my leave gotten: for nowe is the fittest tyme of all."

1¼ pp. Holograph. Addressed. Indorsed: "… Without date" (and by Cecil), "concerning the Greams."

Inclosed in the same:—

Carlisle, 27^th October 1602. Lord Scrope's answer to the Grames' petition and effers.

Extracts.

Promising to commend their submission to her Majesty, and receive it himself, they first giving in a list of the names for whom they will undertake, that he may learn from the Sheriff how many are indicted or outlawed. Also to accept their offers of service, &c., provisionally, till the Queen's pleasure known.

In answer to their petition for the freeing of Rob Grame, Richey Grame, and Christofer Grame, these men stand indicted for murders, burglaries, &c., and Rob Grame is demanded by the King of Scots: but he grants respite to all three till her Majesty's pleasure known.

2 pp. Large broad sheet. Clerk's hand. Indorsed.

1508. Cecil to Scrope. [Oct. 29.]

Her Majesty sees the King so earnest to have Grame delivered, both on direct affirmation that he is his subject, "next uppon promise that he hath noe meaninge to spare 'the villayne,' for soe he termes him: as she is in dispute what to doe in the case," and for the present I cannot satisfy you therein. For though she would not quit any good opportunity to keep the country in awe, yet if you mean to do justice on him, it were not amiss the King had him—for he will either execute him, or if not, the Queen will be justified to refuse such a request again. I think "it would make a great deale better bloode in all the Greames" if he were executed in Scotland rather than England: wherefore I desire you "once for all" to send me your final resolution, after you consult with those you expected the week after you last wrote, and I will move the Queen accordingly. As to Butteler: "I am verie sorry for his misfortune, for he is sone to an honest gentleman my neighbour and my countreyman, whoe as I conceave, meaneth to sue that he may be brought upp hether, and then they hope by some meanes to procure his pardon." If they cannot in a few days, I will move he be sent to Berwick: and to save time you shall do well to let him ask the governor's wife (if his kinswoman) if the governor will take his removal there ill or not? So be assured you shall be rid of him with all speed. "Though his cryme was foull to dedicate himself to the Duke of Ferias service, yet not beeinge there, and beeinge inforced unto it by miserie, I fynde not her Majesty to stand uppon extremitye." I cannot obtain her leave for your coming up: "rather she is bent to the contrary." No good will on my part has been wanting or shall be. I know not how "poore Nicholson" may be overreached among them: but I think and find the man very honest, and know that her Majesties eyes have seen twice or thrice this half year, that he exceedingly commended your government. He wrote that the Laird Johnston desired good friendship with you: were I you, he should come, for "noyce" of the wardens' agreement strengthens justice, and I dare trust that he shall never "goe beyonde you." Of Musgrave being in Scotland, I am not yet certainly advertised: and would therefore know what he can say about it. Howsoever it be, assure yourself I will keep his pension till you write to me for it.

7 pp. Corrected draft. Indorsed; "1602, October 29. Mynute from my master to the L. Scroope."

1509. Sir J. Carey to Cecil. [Oct. 31.]

Both "ouer champeyones" are together in this town. M^r Daneyell came on Wednesday last the 27^th, and they are lodged severally so that they come not in sight of each other. I hear from M^r Moubray that the King moved by Lord Hume, has allowed the combat, and granted Moubray's own request, that before they fight he will appoint 2 noble men and 2 lawyers to be on the stage, to hear both their allegations and protestations, that they may show which is most innocent, whatever the fortune of the combat. I think the time and place will soon be fixed, as they are both importuning the King for expedition.

"Now touching my own affairs, wherein you deal so frankly in your letter of the 20^th instant, with honorable advice and leave to answer: first as to my desire for amended allowance, I know how difficult it is to get anythink "mearley"out of her Majesty's purse, yet I can forbear no longer: but think I would rather have it out of Sir William Bowes' purse,—for she is little bettered for the governor's fee. As to future hopes by my lord my brother's death, I fear I shall hardly gain so much as I shall lose, unless by your honorable friendship. I have served here in "a strange maner" for very little fee: so much that the preparation for some one man's coming, has sometimes cost me very near my half year's fee to entertain him! "But its no matter," so long as I can I will serve her Majesty: "it is in her power to make me serve her as a beger, and so to deye"! But I would be glad to be nearer her, and end my days with comfort and peace, for it is true if my lord my brother die—as all are in God's hand—then I neither could nor would tarry any longer to consume my time and days with a "wereysum" life: and when that unhappy day shall come, if she can think of no place fit for me nearer about her, I will just leave the world—for I would not live here for such another time as I have done for twice the governor's fee. Berwick. Signed: Jhon Carey.

1½ pp. Holograph. Addressed. Indorsed. Wax seal: damaged.