Border Papers volume 2: June 1598

940. Sir W. Bowes to Burghley. [June 1.]

As you commanded, I have set down the following for your satisfaction.

Touching Lord Willughbie's letter: I doubt not before this he has received a copy of the names of Cesford's pledges, from Sir Robert Carey's clerk, who had a copy of the Indent from me, and must hand over all the records of the East Wardenry with the office, to his lordship. Her Majesty will please appoint York for keeping these pledges, and Sir Robert Carey to see them conveyed, and be privy thereto and to their enlarging, as they chiefly concern his office, where his presence is most necessary for this and other causes.

Touching Lord Willughbie's purpose to alter the ordinary place of meeting with his opposites, to English ground on occasion, I think it were well if convenient. Nevertheless the treacherous slaughters and dishonors which have happened in her Majesty's time at the Reidswire, Cocklawe, and the West foord, have arisen rather by the ill carriage of the English in coming unarmed, and "disorderly stragling" on the field, disobedience in not attending on call, and therefore the remedy to be by more needful government of the commanders.

Touching M^r Scudamore's withholding 1000l. in this first half year, necessary to make the Berwick pay equally: I see no other means but that he may have power to receive 1000l. of the clergy, as the receiver of Lincoln has had now for 600l. on the like allegation.

Touching my allowance under the Queen's privy seal in the late services: I humbly beseech your lordship to allow it as in the inclosed account, considering that my great charges are more than double the Queen's allowance, besides the hurt to my private estate by my absence altogether for 18 months and more. Signed: Will'm Bowes.

1 p. Addressed. Indorsed. Wafer signet (Bowes).

Inclosed in the same:—

The account of William Bowes knight for his allowance under her Majesty's privy seal at 20s. per diem, while on her Border services, and 40s. per diem for his employment in Scotland.

It pleased your lordship to give direction to M^r Clopton to pay my allowance of 20s. daily till 10^th November last. Since then I have continually attended that service at Berwick, in Scotland, and here, till "this present the last of May," 201 days; whereof, by M^r Secretary's letter, I employed in sending for my servants, preparing for Scotland, and "my abode in Edinburgh, 24 dayes ": which though not all spent in Scottish ground, yet as that journey cost me above 80l., I trust you will allow me 20s. per diem more, by the rate of the privy seal.

And my suit is that it might please you to direct warrant to M^r Skinner to pay the said sum of 225l.: assuring you I have spent in this service "above the Queens allowance," more than 1000l., besides the losses I have sustained in my works by my absence and necessary detaining in so remote places. Signed: Will'm Bowes.

¾ p. Indorsed by Burghley's secretary: "1° Junij 1598. Sir William Bowes accompt for his entertainmentes."

941. Report by Lord Willoughby's Deputy. [June 3.]

"The deliverie of my message to Sir Robert Kerr, beyond the river of Tweede at Westfoard beyond Norham the 3^d of June 1598."

I told him that his lordship sent me to signify to him that he waited at the West ford to receive his pledges, as he had appointed and requested by letter; and if he was ready to deliver, would send some gentlemen "over the water " to receive them: and that service done, being the special cause of meeting, would then confer with Sir Robert as "motioned" by him.

He replied that if his lordship pleased to "doe both in one," he thought it better, but referred himself to his lordship, and had his pledges ready in discharge of his honour and faith to her Majesty.

I showed him further that though his lordship had no such commission yet he had brought his brother and the pledges with him "as he desyred," to deliver them on receipt of the other, being willing to gratify him, with due respect of his honour and the Queen's service.

Which he accepted as "a very honourable favor," and promised to satisfy his lordship in like respects.

I excused his lordship's number in the field, which I said was about 200: (1) The fairness of the day had drawn some for pleasure, not by command, yet his lordship had discharged and sent off many; (2) he brought them not for his own guard, but for safe escort of the pledges to Berwick; (3) his desire to train young gentlemen and soldiers in his company and "fashion" them to such services; (4) "to honour the meeting, which was to be (as he wrote) in the eyes of both the countries." Lastly, that his lordship would come down with as few as he would like.

He answered, that he had but 120, and he had discharged 200: yet many thought they were disposed " as the ground did give great vauntage" in the many adjoining villages.

He excused himself to his lordship for delay,—not his fault, but he waited for a gentleman with some of the pledges. At parting, I asked "the Laird Sesford" to give his "honorable word" for the gentlemen his lordship should send over.

He said the fashion was to give "generall assurance" for all in the field, "not for any particular."

I thinking the general included the particular, desired it, till I saw he meant not to give me and my companions his own word and honour, "but would have me solemnly demand an assurance of him in the midst of his troupes, for his lordship and his companie."

Then I said I had no such order, knowing his lordship did not mean I should crave assurance thus solemnly. Whereon he agreed to send a gentleman to his lordship, and said he expected an indent from him signed for his discharge after his pledges delivered, "seeming not to know that his lordship had his owne band, which he gave at Yorke, but onely a copie of it."

The gentlemen sent from him, came to receive from his lordship as by ancient custom, some messenger by whom he should demand assurance, and so come over the river to him: but his lordship answered that his custom in the Queen's service, whatever others had done, was not to ask, but give assurance, and thought it fitter for this time Sir Robert should come over to him, on the amplest assurance he might desire. They asked him to inquire of the gentleman porter and others, if the custom was not so? seeming as if they would break off: whereon his lordship "retyring to them," presently concluded, that whatever the custom had been at days of truce, this being for exchange of pledges, and amicable conference at Sir Robert's request, he would waive those ceremonies, and sent Captain Mansfeild over the river, with the message that he would be at the English side of the river with 5 gentlemen only, leaving his other troops behind. Whereupon Sir Robert with 5 gentlemen "(in their jacks and geare as they terme it)" came over to his lordship and company, who were unarmed; and after some conference, he fetched his pledges, and as his lordship had not the indent, nor could any way find it, though he sent up and down inquiring of many about it, and had none about him to say if the pledges were the same or no, he was "fayne" to beg Sir Robert to deliver them on his honour, "which he did by publique protestation very willingly" and subscribed it with his hand.

Many thought he would never have come over the river, "as well in regard of the priviledg," as also of a former message he had sent his lordship, that "it had cost some of his bloud deare." It was answered, that we had lost men of greater quality on our side, as the "Earle of Bedford" (fn. 1) and others, besides the indignity the last day, by carrying her Majesty's commissioner "tumultuously" into Scotland.

2 pp. Contemporary hand. No signature or indorsement.

942. Sir W. Bowes to Secretary Cecil. [June 3.]

Your lordship will receive herewith all Scottish news, except this clause left out—"That the King is advertised my lord your father should say 'Lett Valentine goe, he is butt a knave.'" M^r Nicholson writes of late that he suspects some advertisements of these affairs from hence, and peril thereby to himself.

I entreat your furtherance with my lord your father, that speedy order may be given to the receiver of Yorkshire to pay 1000l. withholden by him from the pay of Berwick for the first half year ended at the last Annunciation of Our Lady, according to the Queen's privy seal. To solicit the same, I leave my servant to attend his lordship's pleasure, myself being now taking my journey northward. "From my lodging." Signed: Will'm Bowes.

¾ p. Addressed. Indorsed. Wafer signet (Bowes).

943. Willoughby to Burghley. [June 4.]

I understand there is great waste in her Majesty's woods of Chopwell, John Rutherfurth the "bayley" having ordered 100 oaks to be cut down, given him he says by M^r Breges surveyor of her Majesty's woods in these parts. Knowing the great use of these woods for the service of Berwick, Newcastle, &c., it may please you to give charge to your servant M^r Ambrose Dudley who dwells thereby, to inform your lordship of any such default hereafter. I would have written oftener to your lordship, "but that I am touched with that paine of my fingers, which I would your lordship were not acquainted with," which hitherto has hindered me from dispatching a messenger with the musters, &c., I have in readiness. Berwick. Signed: P. Wyllughby.

½ p. Addressed by himself. Indorsed.

944. Willoughby to Burghley. [June 4.]

I have received Cesford's pledges as I best could—wanting the indent and the presence of any of our commissioners who made it—though I earnestly sought their help without success. "If this day had eskaped, he would happely have chalenged his tender, being but 2 days before the end of it." We received them on the English side of the West ford, though he made some difficulty, as you will see on perusing the "circumstances" I send with these. I stood the more on delivery and conference on our side, as there had been "mutch bragge" made and ancient custom pleaded. I hope for direction according to my former letter, that what is most agreeable may be done. I there wished it "alternis vicibus or by lots." If any ill purpose should be, the ground is most disadvantageous to us. It should be treated by the commissioners, who should finish what they have begun, as the treaty is imperfect in some main points; too long for a short letter. As for example the article for wardens' meeting on Midsummer day, showing and "transcriptinge" each other's patents. Most of their wardens have no special patents, so the meetings are frustrate, "and our attendance subject to skorne." I write not without grounds I have gathered. Your lordship knows the country's humour—I am well persuaded as things stand now, they may be kept in good terms "till they get a new hand."

Cesford continues to promise much, and for anything I see, keeps his promise, on which and his word that these were the "selfe same parsons" demanded by Sir William Bowes, I took the pledges till Sir William comes. I would be glad to know what to do with them, as it is "unproper" to keep them here. Wherever kept they should not be too hardly dealt with. He offers to put in English sureties or bind himself. Many of them are "beggarly knaves" and so esteemed by himself. He only desires "for reputations sake," to have as much favour as Buccleuch, and vows deeply great services to her Majesty and state.

(fn. 2) "With my paper it is time to leave troblinge your honor." Signed: P. Wyllughby.

1 p. Holograph. Addressed. Indorsed. Wax quartered signet (fragment).

945. Sir Robert Kerr to Willoughby. [June 4.]

"I have tane the occasioun as I do conjecture, now in ane tyme mar fit then yit hes bene grantit unto me sen your lordschipis cuming and acceptance of your chairge in thir partis, to signefie my mynd and gude intentioun to my power to intertine and hold firme in quietnes the happie ametie professit be both thair Majesties, quhairin as substitutis to thame it hes pleisit thair highnessis to command your lordschip and my self in thir partis to have speciall cair. And albeit in sum conferens had with your lordschip, my willingnes micht appeir to this honerabill actioun, yit in respect of the estait that then I stude in, as ane man not frie nor maister of my self, bot tyit be my writ and promeis to hir Majestie, it micht justlie mereit doubtfull constructioun, quhidder in effect I so menit, or gif I had desyre to flatter the tyme. Bot the princis plesouris being fulfillit, and I with credit frede be the entrie of the pledgis imposit upoun me, quhat now I saye, justlie may be thocht to cum from the dewtefull obediens that I aucht to my soverane (quhais mynd I understand to be to honorabill peax) and from ane firme resolutioun in my self to the continewance thairof, as minister under his grace, onelie for luif of it self, and for no uther ressoun (gif this quhilk in deid I confes is ane moist substanetiall poinct) hir Majestie your soveranes moist gratius and favorabill using of me, quhilk I deny not hes bund me (reserving my dewtie to my maister) to prefer hir will, the weill of her estait and cuntrey, befoir ony uther prince or princis leif, and as my actiounes and behaviour heireftir sall beir me testimonie. Sua this far will "I go for your lordschipis assurance of my gude dispositioun to the brydling and straiting of the reynnis of the evill affectit, in this godlie and moist commendabill actioun, that gif I may have (as I put no questioun) the lyke corespondence of yow, it sall be sene thair willanie sall be suppressit and the puir anis releifit frome thair spoill and dampnagis, quhilk I take to be in moist speciall regaird with bothe thair Majesties." And it is as honourable for ourselves to proceed thus for the good of the service, as if greater numbers had been employed to their Majesties' "unnecessar faschereis." But I leave off speaking, as time and occasion shall see the effects: and here in office or any where else your lordship shall see that I will do as I say. "From the Freiris." Signed: Schir Robert Ker.

Postscript:—I hope your lordship will have in regard my suit for William Rutherfurd of Littleheuch.

1 p. Closely written. Addressed. Probably inclosed in No. 951.

946. Sir W. Bowes to Burghley. [June. 5.]

As you directed I informed M^r Secretary yesterday morning of your desire to have the Queen's resolution for answering Lord Willughbie where Cesford's pledges should be kept. M^r Secretary appointed me to confer with Sir Robert Carey thereon, but because I found him not "in Courte," I debated the matter with M^r John Carey, whose opinion was, that York was the fittest place. On reporting this to M^r Secretary, he willed me to inform your lordship, that he would at the best opportunity, take the Queen's pleasure and advertise you.

I send my last occurrents out of Scotland from M^r Nicholson, who commends and reposes his only hope for relief in his suit, on your goodness.

Beinge now "towards" my journey northwards, I commend to your lordship's remembrance the "appoynctment" of my receipt for Berwick: also to take knowledge of her Majesty's privy seal for my allowance, to continue till you discharge me from that service. Her Majesty commanded me to set down the heads in writing, which I delivered to her "in speech," and attend the lords' resolution therein: I, having continually so done till the end of last month, humbly submit to your pleasure what you will allow or subtract from my bill lately exhibited, of 225l., beseeching you to give warrant for the same as you find best. "From my lodging neer Grays Inn." Signed: Will'm Bowes.

1 p. Holograph. Addressed. Indorsed. Wafer signet.

Inclosed in the same:—

Advices out of Scotland.

On 27 May M^r Edward Bruce related to M^r Nicholson the King's "hard taking" of the slander and dishonour laid on him by Valentine; chiefly that her Majesty had not "kyndly discovered" it to his ambassador, or to himself since, to clear her mind and his own honour. Some there (alleging like accusations of the King's mother before her death), suspect what might be intended against the King "after thes untrue and suborned (as he termes it) discoveries made by Valentine."

He is resolved unless speedily satisfied, to send M^r David Foules "plainly" to her Majesty.

It is also reported that the King "wilbe quitt by sound of trumpett, and by challenge in what numbers soever, yea of a king to a king in case of need," if he is not cleared of the slander of murder which he most detests: protesting that for all the crowns in the world, he would not be guilty even in thought, especially to her Majesty.

Hereby the Duke of Lenox is in new motion of coming to England: but all stays till the Duke of Hulster be gone, which is purposed the last of May.

The King intends to have another brother to stay with him and has written thereon.

"On the 25 of the last the Duke of Lenox gave the Duke of Hulster the banquett; and upon the 27 of the same the King made him an extraordinarie bancket with musters of his domesticks in great braverie. The King hath given him his rich hatt band, and the Queen and King have given him and his companie both gold, jewells, and horse, to good valewe."

The King has heard that M^r John Colvin "hath kissed her Majesties hand," and is angry, saying "her Majestie wold receyve any false knave his ennemie, and doth alledge that M^r Colvin gott his licence stolne."

"M^r Archbald Douglas seeks home (as it is said)," offering to do great service to the King.

Motion is made from France that the King send an ambassador to the French King to renew the league.

Lord Hume to avoid the King's displeasure has left his country for the English borders. "His ladie hath carried to the King the keyes of his houses, dicis causa, and not of any need, butt to honour the King: and is like in short tyme to come in favour agayne."

The goodman of Hutton hall being to travel, the King has made the goodman of Manderston deputy warden of the East Marches.

The Earl of Mar and his enemies the Livingstons, Elphingstons and Bruces, have been at Edinburgh "verie strong," and great appearance of trouble between them, "butt it scaped well and narrowly." The King appears careless of the matter and of the Earl of Mar "one of his undoubted best subjects," or there had been more news thereon. He and his Council have "discerned" the Laird of Johnston as breaker of the assurance with Drumlanrig and the Carlisles, and "to be defamed and perjured: so that his picture was drawne in blood, to signifie a murtherer, and hung with his heeles upward with his name sett under his head, and Infamy and Perjurie writen thwart his leggs. This was proclamed at the market [cross?] and done verie solemly by trumpetts and harrolds of armes the 27 of the last." It is like that laird, hearing this, will do some great attempt and set that country on fire, for he is "stout and fortunate, and wilbe desperate."

Twenty Fife barons have jointly offered the King "140 chalder of victualls" yearly for the isle of Lewis, and to conquer it at their own charges. Some of Lowthian in like manner offer to conquer "the Skaye": which things are very likely to cause a general revolt among the Islanders.

"Angus M^cOnells sonne (Sir James) hath written to the King that his bastard brother that keepeth Dunnovage, is gone to M^cSorle, and that M^cSorle, Odonell, and Onele agree to assist him." The King is very angry, yet has since been told that M^cSorle will not agree with "Angus bastard," till he knows the King's mind.

The "unnamed gentleman" which formerly offered services, came to M^r Nicholson on 27 of last, and said he must either shortly receive "moyen" (fn. 3) to deal in these services, especially the Islanders, or otherwise, in respect of these offers by the Fife and Lothian barons, he must dispose of himself to be employed otherwise. And desires some resolution herein before the 20^th instant. And for his offer of repair to the English Court: "the present occasions now in hand about these turnes, will not permitt him before the xv^th (?) of August."

2½ pp. Written by Bowes' clerk. Indorsed as title.

947. James VI. to H. Leigh. [June 7. 1598.]

Signifying that Mathew Irving of Graitnay, now man and servant to Rob of the Fauldis, lately came with his complices to the Laird of Amisfeild's lands, and stole horses and other goods, among them a horse and mare belonging to the Laird of Kirkmichael, requesting that the horse and mare may be restored, as the offender dwells in the English March. "Palice of Halyruidhous." Signed: James R.

¼ p. Addressed. Indorsed by Leigh.

948. Warrant for Sir W. Bowes. [June 7.]

The Queen orders immediate payment from Exchequer or elsewhere of 1000l. to Sir William Bowes now treasurer of Berwick, and so yearly during pleasure, to supplement his receipt from the receiver of Yorkshire of 3000l. at the Annunciation of the Virgin Mary, the said amount being duly repaid to Exchequer in Michaelmas term yearly, out of the 5000l. then paid by the receiver to the treasurer of Berwick—who represents that the unequal halfyearly payments of 3000l. and 5000l. are inconvenient for the Queen's service.

1½ pp. Draft. Indorsed: "7° Junij 1598. Warrant for 1000li. to Sir William Bowes at the feast of the Annunciation yearly."

949. Willoughby to William Selby. [May-June.]

Being commanded by her Majesty's special letters of date 20^th March 1597 (40^th of her reign) "in hec verba."—[Whereby she orders musters of the garrison—that no native of Northumberland, Cumberland, Westmerland or the Bishopric be allowed in pay—that there be 56 pensioners—none to have double pay—none to serve in the ordnance on pay, unless the governor admits him—and no gunner to be placed without due proof of his shooting.]

Being therefore to take a muster, I would desire your opinion what course to take in discharge of my duty according to the establishment—lest the misinformers of these times take occasion to complain of us to her Majesty and their lordships.

"The Porters advise to the said letter and articles."

In answer to your lordship, my opinion as to performing the Queen's command and certain articles of the establishment, as in the paper you sent me by M^r Bartew is thus.—The article against Northumberland &c. men, was strongly opposed at first publishing the establishment, by the "auncient" captains, as I have heard, and so was never put in force, and as sudden alterations are avoided by the wise, my advice is, that those in pay, many of them old, and many who have served well and lost their blood, be allowed to enjoy their pay, and if the Queen's pleasure be to revive this dead law, that notice be publicly given to the people of those shires, that none presume to serve on pay here, except as horsemen—for likely the most of them never heard of the law or establishment, and their captains are rather to blame than their poor ignorant men. And the law says not "that Northumberland men, &c., should be discharged," but that they shall "not be appointed"; which is not their fault, but of those that received them.

For the 80 horse: none are so serviceable for this place as borderers, and they have always been of that company since Berwick was English. This might be reported to her Majesty and the men continued in their places meanwhile, the rather as her Majesty's letter is not new, "but almost 3 yeares old," and has hitherto not been executed by your lordship.

Pensions should be bestowed according to "their first institution," and the holders should reside here. No man should receive double pay for his own person; but servants and retainers may enjoy pay for their masters' use, so they do the duty. It is a help to gentlemen, no diminution of the numbers, and the law never executed.

Gunners appointed hitherto without the Governor's privity, or proof of shooting, may be tolerated for the past, as the custom has been—for otherwise, the whole company almost, being now skilfull in their art, "and not to be easely matched in England, as I thinke," might be discharged, to the great hurt of the service. Hereafter public notice should be given against breach of the law, resting only on the commanders, that "schollers in that art" may succeed to vacant rooms.

Though it be true in rigour of law, "that ignorantia facti and not ignorantia juris doth excuse," yet I know that laws are published first in parliament to the best sort, representing the state, then by print to the people: our establishment though public in respect of her Majesty the author, is private to the soldiers, to whom, neither by proclamation, reading, or setting it up in a public place, was it ever intimated before your coming, and therefore is now like a new law to them, and "no reason it should looke back."

Besides we know that penal laws have been passed in this realm, yet in force, but which her Majesty of her clemency, would not now put in force either for past or future time, without some new intimation to her subjects.

Lastly I think the fault rather in the commanders who receive men into pay against the establishment, knowingly, than in the men who come new to the place, and know it not.

2 pp. Closely written. Indorsed: "Articles of the Establyshment of Berewick wherin the Lord Willoughby requireth the Porters advise."

950. Muster Book of Berwick. [June 10.]

A muster taken before the right honorable "Peregreen Bartye knight, lord Willoughbye of Willoughbye, Beake and Earsbye," lord governor of the town of Berwick upon Tweed, and lord warden of the East Marches, &c.: "with a declaracion not onlie of the particuler names of the parties mustered, their severall ages, countries where they weare borne, and tyme of their service, but also of the defaultes founde at the saide muster."

Extracts.

[The eight captains of foot and their companies are thus enrolled.—] (1) John Carey; (fn. 4) born in Hertfordshire, absent by the Queen's licence; (2) Sir William Reade knight, (fn. 4) born in Worcester; (3) Robert Carvill, æt. 64, born in Dorsetshire; (4) Anthony Thompson, æt. 70, born in Yorkshire; (5) John Twyforth, æt. 65, born in Surrey; (6) Robert Yaxley, æt. 38, born in Lincolnshire; (7) William Boyer, æt. 43, born in London; and (8) John Selbye, æt. 24, born in Berwick. The names, ages, and services of their men are separately given. The master gunners—William Larkin, æt. 84, born in Kent, and 60 gunners follow in like manner. The bowyer, master carpenter, armourers, "fletcher," "dagmaker" and artificers in the ordnance, 26 in all: the horsemen with their surgeon, Thomas Kendraw, æt. 52, born in Yorkshire, their constables, (1) John Fenwick, æt. 76, born in Northumberland; (2) Cuthbert Armeror, æt. 64, born in Northumberland; (3) Leonard Morton, æt. 34, born in Berwick; and (4) Josua Delavale, born in Northumberland, with their horses, colours, condition, &c., 80 in all, follow: the foot of the old garrison, 42 men; ending with the 54 pensioners, two of whom are 80 years old, viz., John Colloppe, born in Hertfordshire, and Arthur Barkley born in Rutland.

Summary.—The whole number in the muster roll amounts to 797 officers and men, and a table shows their various birthplaces, e.g., 179 in Berwick, 234 in Northumberland, 23 in the Bishopric, 81 in Yorkshire, 25 in Cumberland, 6 in Westmorland, 1 in Scotland, 3 in Ireland, 3 in France, 1 in "Piccardie," and 2 in "Callice, &c." The absentees with and without leave, and sick, are 129. Signed: P. Wyllughby, John Crane.

36 pp. Written by Crane. Indorsed.

951. Willoughby to Secretary Cecil. [June 19.]

I thank you not only as the instrument of the comfortable news to me of her Majesty's gracious allowance of my proceedings, but also "in your owne perticuler," testifying by your own hand your honorable kindness. As directed, I have sent Cesford's pledges to York; wishing that her Majesty's subjects had better security for their wrongs, than "these beggerlye fellowes ymprisoned, grown desperate by ther remove"; being persuaded it will make them attempt more than less, and unless the wardens' authority be enlarged, they will be too hard for us at stealing, "howsoever at incounters."

I send you inclosed Cesford's answer to my communication of her Majesty's pleasure on "his suyte" for these men, whereby you may conceive his humour.

This packet of Nicholson's will give you news "from the fountayneheade." Berwick. Signed: P. Wyllughby.

1 p. Holograph: also address. Indorsed.

952. The Archbishop of York to Secretary Cecil. [June 22.]

This day I received from my lord of Durham, by the under-sheriff of the Bishopric—but guarded from Croftbrig hither by men appointed by the sheriff of this county—13 Scottish pledges delivered to Lord Willughby governor of Berwick from the hands of Sir Robert Kerr. And as directed by the Privy Council's letter of 11^th instant, I have committed them to the custody of M^r Robert Redhead keeper of York castle, charging him to suffer no access or resort to them, except by persons known to him of honest behaviour and void of suspicion. I inclose copy of the bill which I took of his hand, for the Council's information. Some of them seem to be "verie poore thinges," though reported of evil disposition. York. Signed: Matth. Ebor.

½ p. Addressed: "To . . . Sir Robert Cecyll knight principall secretarie . . . Chancellour of her highnes Dutchie." Indorsed. Wafer signet: York impaling Hutton: a fesse between 3 cushions (?). Crest; an open book.

Inclosed in the same:—

(Copy of M^r Redhead's bill.)

Be it known, &c., that on 22^d June A.D. 1598, I Robert Redhead esquire keeper of her Majesty's castle of York, have received at the hands of the most reverend father Matthew lord Archbishop of York's grace, the bodies of 13 Scottishmen under named, viz.—

Robert Frisell laird of Overton; James Yong of the Coe; Thomas Ainsley of Cletehagh; Richard Rutherford of Litlehugh; William Tate of Chiritrees; Dand Davison of Brumfeld; Raphe Mooe of Mooehaugh; John Robson of Chosen-hope; Raphe Hall of the Sykes; Raphe Borne of Clifton Cote; Dand Pringle of Hownam; Richard Yong of Feltersheles; and William Hall of Heviside, lately delivered to Lord Willughby governor of Berwick by Sir Robert Kerr lord of Cesford as pledges under the late indent of the commissioners, &c., which 13 men I undertake to keep safely within the said castle, suffering no resort to any of them, by any person except well known to me and void of suspicion, as required by the said Archbishop, &c., Robert Redheade.

Witnesses.—Thomas Lascelles, Charles Hales, John Redmaine, Ro. Hall.

1 p. Copy. Indorsed by the Secretary's clerk.

953. R. Musgrave to Burghley. [June 23.]

Representing that on 23 June 1595 her Majesty granted by privy seal 200l. yearly for the repair of her house called the "Mannor" of Newcastle, estimated by survey to cost 900l. or 700l.—that 600l. has been so spent in the last 3 years, and duly certified by the commissioners—praying for the balance to perfect the work, when the Queen shall be at no further charge.

Also praying him to renew the commission to take the remain of the ordnance and munition under his charge, and appoint a new commissioner in room of the gentleman porter, who refuses from private ill will to him, to act with the other commissioners and hinders the Queen's business. Newcastle. Signed: Rychard Musgrave.

1¼ pp. Addressed. Indorsed. Wafer signet (Musgrave).

954. Willoughby to the Council. [June 28.]

That he could not, in obedience to their letter of the 5^th, take order as they directed for the 40 horsemen allowed to Sir Robert Carey,—as the treasurer and master of the ordnance were absent—but at Sir Robert's motion, he had requested the gentleman Porter to take pains therein, as the inclosed will show. Berwick. Signed: P. Wyllughby.

½ p. Addressed. Indorsed.

Inclosed in the same:—

The names of the horsemen allowed to Sir Robert Carey knight lord warden of the Middle March mustered before William Selby esquire gentleman porter of Berwick "at the fyve myle brigges neare Newcastle," 24 June 1598.

Harry Owrd; John Selby of Pauston; Thomas Hudspeth; William Fenwick; a "horse ledd for a trumpeter comeing from Londoun"; Edward Vaughan; Gyllam Bearard; Arthur Gyll; Alexander Jolley; Willfred Harley; Anthony Harlston; Wylfrid Hudspeth; Thomas Brooke; John Dryver; Robart Dobson; John Pottenger; John Vasye; Toby Rugg; Thomas Wharton; Robart Wright; Raphe Strother; William Cuthbert; William Harrison; Thomas Turner; Thomas Parkinson; John Grene; William Taylor; John Glendeny; Richard Thirlwall; Richard Erington; Marke Wyddrington; Humfrey Snowden; Thomas Dallyvell; John Fenwick; Arthur Houbourne; William Vasye; John Forster; Hector Woddrington; John Smith; Harry Galles. Signed: Will'm Selby.

1 p. Indorsed: " M^r Selby certificatt of the names of the 40 horse mustered before him."

955. Sir E. Carey to Burghley. [June 28.]

According to your lordship and the Council's direction, a view and muster was taken of the 40 horsemen allowed me, by the gentleman porter, on Midsummer day, by Lord Willoughby's order (no other of the council being then "in place"). I pray your direction to the receiver of Yorkshire for their payment, under the privy seal delivered by me to your honor. I am also a humble suitor to your lordship to give order that my own fee for the Middle March may be "dismissed" out of Exchequer, seeing the great charge it will be to me to "fett" it thence half yearly, and if I might receive it from some of the receivers in these parts, it shall both greatly "ease me," and I shall take it as a very high favour from your lordship.

I beseech you that a commission be sent either to 4 gentlemen of the country, or some of the council of Berwick, to view and certify the great decay of Harbottle castle. "Trulye my lord," unless it be repaired for men and horse to lie in for defence of the country round about it, it is impossible for me to make men return to their long abandoned dwelling places, and recover the wasted countries of Tyndale and Redesdale. Berwick. Signed: Ro. Carey.

1¼ pp. Addressed. Indorsed. Swan wafer signet.

956. Buccleuch on his pledges. [June. 1598.]

"Reasonis for Sir Walter Scottes (fn. 5) desyre of the exchange of the Liddisdaill pledgeis."

He shows that at present they are entered for two ends—(1) for redress of past spoils, &c.; (2) to assure quietness for time to come. The first he lets go as impossible, on account of their "universale inhabilitie." It must lie over in silence, or at the end of the year "proceadar" must be used as the princes have agreed: which may "in pairt" (seeing the little prospect of exchange of pledges for the West Marches) take effect for one year. But it will be no wonder if the terror of their execution prevents the rest of the broken people from exposing themselves to the like certainty of death.

As for the future: he thinks it may be best secured by entering the sons or brethren of those "presentlie in hand," with surety for their own reentry on call; these to be placed for entertainment with gentlemen, for none of them has the "moyen to defray them": not imprisoning them except for some new trangression, for this will breed despair of relief and therefore less regard of them by those at freedom, for whom they lie. The reasons are, that the fathers or brethren will have greater care for themselves than their sons or "brether" will have, and will do most to repress the broken people by their long use in command over them, and thus enforce abstinence from evil doing, unless it be encouraged by the officers, whereof he assures the contrary for himself, having always been obedient to his sovereign.

If this course is not taken, and the first pledges are still detained without exchange, on their own charges, they cannot do this for long on their own means, their friends despairing of their relief "throughe there hard handling, they shall shaik of all cair of them, and doo conforme to there evill nature as giff they wer nocht, and chuse rather to hale in, then bestow so muche unprofitable, upoun suche as they shall account deade unto them: whiche according to the proverb is easie to be belived that where there is no houp there is no feare."

1 p. In a Scottish hand. Indorsed.

957. Sir Robert Kerr on his pledges. [June. 1598.]

Being sent by the Governor of Berwick my honourable lord and master, to Sir Robert Kerr, to certify him of the removing of the Scottish pledges to York, and request that horses and money might be provided for their journey; also of her Majesty's acceptance of his good inclination to her service, and that his good offices when effected will not be unrequited: "but that for this presente, to take, one day, and deliver, an other, she will not soe sodenly yeild unto yt": but requires to know who he would have? and on farther consideration will give him good answer by my lord and master.—I received the following:—

Sir Robert informs the Queen and Council that these pledges being the chiefest and best of their surnames, may be a special means to bridle the rest from outrages; who, though in hope and expectance of their good usage and redelivery they at present abstain, yet when any hard measure shall be offered to these men "ympawned," will be stirred to exceed all former outrages in malice, and he doubts their removal to York will be so construed and taken by an inconsiderate and untaught multitude, trained from infancy in rough and uncivil behaviour.

He could better keep the peace if assisted by some of these men detained, than in their absence: for being wiser than the rest, more obedient to him, and well affected of the common sort, they would possibly keep these in good behaviour, and give him information to further preservation of peace.

If it pleased the Queen to do him this favour, credit, and honour in his country, he would in gratefulness do more in furtherance of the peace, than the taking of the lives of a hundred better men than those in hand, would, and he gives this assurance on his honour.

It is the King's desire as well as his own, though it may not stand with the King "to be a professed sutor:" and his own good usage of the English pledges, whom he licenses on "slender bonde," to liberty either here or their own country, imports no less.

He has such interest with the King his master, and others of the best in Scotland, that he doubts not (time serving) to deserve the obtaining of this request at her Majesty's hand.

He further willed me to remember his right hearty thanks to my right honourable lord and master, and give him to understand that if things grow to any violent inconvenience, he wouid humbly beg the King to remove him from office, rather than be the man to oppose my lord, at whose hands he had found such honourable friendship.

1½ pp. Contemporary copy. Not indorsed.

958. Lord Willoughby and R. Musgrave. [June. 1598.]

It is controverted whether the Governor of Berwick or the Master of the Ordnance there, has right to place cannoneers.

The master has no right: for by his letters patent, he has merely controlment and payment of gunners. The establishments, both old and new, have no words giving him right to place any. The words of the 30^th article are—"Also yf any person or persons of the ordinance take upon him for to interteyn or take into wages any person, except he be admitted and inabled by the captaine, that person to have no wages."

The Governor has right: and he only may admit and enable them, as is apparent by the recited words of the establishment. He is most sufficient to judge who is fittest. Such as deserve well, should be preferred. Reward is only properly in the chiefest. "And the course would be endless, yf the master of the ordinance should peremptorily present."

Lord IIunsdon when governor committed Sir William Reade to prison for refusing to take a soldier into his band nominated by the Governor.

The master of the ordnance has impugned the Governor's authority, shown manifest contempt and impeached the Queen's service.

The Governor (in the master's absence) entered a sufficient man. The master (on returning) entered another, not so sufficient "(borne in Barwick and of a Northumberland clann) oppons a man for a man, and a second warant after a former, to the clarke of the check for entrye."

He (though admonished) has made countermands, contested in peremptory and indecent terms, and "(to confirme his opposite humor) discented from "the Governor and Sir William Bowes in sentencinge matters of ordinary justice." And is come from Berwick without the Governor's leave.

The gentleman porter of Berwick joined him in these things, and in sentencing a faulter's punishment, the fact being related by the Governor and Sir William Bowes (requesting credit for their report) " he gave this conditionall judgment.—Yf that which the Governor and Sir William Bowes sayd weare true, then the man ought to be punished accordingly."

1¼ pp. Contemporary hand. Indorsed: "The difference betwixt the Lord Willoughby and M^r Musgrave."