Edward VI: May 1549

347. Instructions To Sir Thomas Holcroft, &c. [May 19. 1549.]

"A memoriall for Sir Thomas Hollcroft, Sir John Harington and Sir Fraunces Leke knightes, (fn. 1) Cotton and John Brend esquiers appoynted commissionaris for the purposes following."

First:—They are to signify their commission to the Governor of Scotland with a safe conduct for the Scots commissioners and 100 with them—requiring the like for themselves. Hermeston, Clerkington and Salmeston being the places appointed for meeting.

Lord Grey and Wharton shall inform them of the names, states and conditions of all the Scots prisoners and hostages, likewise of all Englishmen prisoners in Scotland. At meeting, they shall say that we the Lord Protector having received letters from Sir James Wylford of the Queen and Governor's desire to exchange prisoners, have with advice of the Council, appointed them for the purpose. They shall take note what prisoners the Scots are most desirous of.

They shall agree at their discretion for the exchange of common soldiers, inferior and mean gentlemen, captains, peti-captains or men at arms—giving preference to those that have done good service or are meetest to serve.

"For the personages of more estimation, as Monsieur de Toige (?), de Kaises, the lord Maxwell, lord Flemyng, George Douglasse soone, and such others prisonaris as be notable"—they shall only see what the Scottish commissioners offer, and advertise us, without making full agreement till instructed.

They must have consideration in any case of "Henry Balnefes, the laird of Graing, (fn. 2), Henry Moneypenny," and the rest of the King's servants taken in the castle of S^t Andrews, for their exchange for other Scottish prisoners, and do as much therein as they may.

Touching Scots hostages here, it must be considered for whom, and for how many they lie, and a like number of our prisoners released as they are bound for. As many nobles and gentlemen taken at "Solom Mosse," &c., were let home on their own promise or band, to re-enter, who yet defer though required, the commissioners must speak of them, and signify hither what answer they get.

If any one of the Scots commissioners shall seek to talk apart with any of ours, on any other matter than the exchange of prisoners, he to whom such offer is made shall give good ear, and in general terms show good affection to an honourable agreement, and advertise hither.

3½ pp. Draft corrected by Paget. Indorsed: "M. of thinstructions for the commissioners for exchainge of prisoners betwene us and Scotland xix° Maij 1549."

348. Instructions For Bluemantle. [May 19. 1549.]

"A memoriall for Edmund Atkynson alias 'Bluemantell,' officer at armes, sent presently to thErle of Arrayn Governor of Scotland, for the purposes ensuing."

Directing him to repair in post to Berwick, communicate his instructions to the Earl of Rutland warden of the East and Middle Marches and his council, thereafter to send a trumpet to the said Governor for a safe conduct—which being granted, he shall repair to the place, and "putting on his cote of armes, and making reverence unto him, without any other salutacion, shall boldly say as ensueth."

'Sir—the high and mighty prince Edward Duke of Somerset, Governor,' &c., &c., understandeth that sundry of the King's subjects, Scotsmen born, have served and yet serve in his wars according to their duties, yet you, contrary to justice and usage of Christian realms, have proclaimed that any such Scotsman taken in the field with arms against you, shall be instantly put to death as a rebel— and his grace requires by me that the same be at once revoked—to which if the Governor agree, the said officer satisfying himself that it is done out of hand, shall return.

But if he refuses, the said Bluemantell shall then declare that the Lord Protector, though very sorry to take such a course, must use more sharpness and cruelty, and assure the Governor that henceforth no Scotsman taken in arms against England, shall be used as a prisoner, but immediately slain—and any Englishman or stranger in the Kings' service, who presumes to receive any Scot to mercy, shall suffer death "by way of hangyng," which course is forced on him by the Governor's cruelty.

If the Governor seeks delay, to consult his council, the officer shall say that unless his proclamation be "released" within 6 days that of the Lord Protector shall be immediately set forth.

6½ pp. Draft corrected by Paget. Indorsed: "Minute of Bluemantelles Memoriall xix° Maij 1549."

349. Proclamation By Somerset. [May 22. 1549.]

Begins (fn. 3).—"Edward by the grace of God, Duke of Somerset, Erle of Hertford, Viscount Beauchamp, lord Seymor, uncle to the most noble prince Edward by the grace of God of Englond, Fraunce, and Ireland King, defendor of the Fayth, and in yerth under God, the supreme hedd of the church of Englond and Ireland, governor of his highnes person," &c. &c. Declares that no quarter be allowed to any Scotsman taken in arms against his "superior and sovereign lord the Kinges majestie of England," until the Earl of Arran "pretending himself to be Governor of Scotland," shall have "manifestly and openly revoked and disanulled his most cruell proclamacion."

5 pp. Draft corrected by Paget. Indorsed: "Minute of the proclamacion for not taking of Scottishemen xxij° Maij 1549."

350. Safe Conduct By Edward VI. [May 22.]

The King with advice of the Lord Protector and the rest of his Privy Council, at the desire of the Queen Dowager of Scotland and the Governor, grants safe conduct for 3 months for Thomas Master of Erskyn, Robert Master of Symple, Veale Ganzeoun knight of S^t Johns, lieutenant general of the French King's galleys, Hugh Campbell of Lowdown and James Douglas of Drumlanrig knight, Scottish commissioners for exchange of prisoners, with 100 horse or foot, to meet those of England at the towns, villages or hamlets of Clerkington, &c.

3 pp. Corrected draft. Indorsed: "Minute of the Scottishe commissioners salveconduct xxij° Maij 1549."