The 'Peaceful Persuasion' And Transplanting Of The Marchmen By James VI Scotland & I England/Scotland…
The Notorious Grahams
Grahams mentioned in text from the Historical Manuscripts Commission
A Graham of 80 years old on the run and a Graham impotent with 12 children! Black mail first recorded by a Graham! (f125)
Paragraphs from 56 pages from The Historical Manuscripts Commission overview of handwritten script. It contains copies of letters and other documents relating to the Commission appointed by James I of England & Scotland for the pacification and government of the borderland of his two kingdoms. The documents were written for Joseph Pennington of Muncaster, one of the Commissioners. If you want to try to read the original manuscript, good luck! Peter Nicholson
February 14, 1604 [-5]. Whitehall. The Council to the Commissioners appointed for the government of the late borders. Instructions as to the execution of the commission. Those malefactors of the surname of Graham who have been received to their submission are not to be meddled with for any offences committed before their submissions. Persons under bail to appear at the gaol delivery are to be left for trial there. All persons living within the bounds of the commission, or in certain other specified districts, are to be forbidden the use of all manner of armour and weapons, and of horses, “savinge meane naggs for their tillage,” excepting noble men and gentlemen and their household servants. The evidence of a Scotsman against an Englishman, and of an Englishman against a Scotsman is to be received.
April 17, 1605. Dumfries. The Commissioners to the Council. We met at Carlisle on the 6th inst., and summoned all the Grahams who were bound for themselves and their followers. Whereas two of every branch were bound, we have ordered that six of the principal of every branch shall be bound for themselves and their followers, and that each of these six shall find two sureties. We have made orders “for the better government of the broken people of either countrie,” subject to reform by the Council. We send a list of one hundred and fifty Grahams who have submitted themselves, and whom we think most fit to be sent away. Many of the said Grahams appear to be poor labourers and undertenants to the rest. Many complaints are made by English and Scots alike about offences made before the death of the late Queen.
- 7. “The copie of the names of the Graymes which are to be sent away.” One hundred and forty-nine names are given. Among them are :—1, William Graham of Mote; 2, Arthur Graham, his brother; 3, Richard Graham, son to Walter of Netherby; 4, Richard Graham, alias Jocks Ritchee; 6, John Graham, alias All our Eames; 7, Hutchin Graham, alias Young Hutchin; 13, George (sic) Graham, alias Geordies Sandie; 15, Richard Graham, alias Long Ritchee; 67, Thomas Graham of Easton, alias Ritchies Wills Thom.
- 8. April 17, 1605. Carlisle. The English Commissioners to the Scottish. Since our departure from you today, we have learned that the leaving out of Richard Graham, son of Walter Graham of Netherby, is so evil taken, that we shall be taxed of partiality. We wish therefore to add his name to the list. We desire also to have all the different branches of the Grahams before us, face to face, so that we may see which are most fit to be sent away.
- 9. April 18, 1605. Dumfries. The Scottish Commissioners to the English. Concerning Richard Graham of Netherby, and the offence against John Skelton.
- 12. May 17, 1605. Greenwich. The Council to the English Commissioners, in reply to the letter dated at Dumfries on the 17th of April. The King’s clemency towards the Grahams who have submitted themselves has been shewn in pardoning their lives, and furthermore in disposing of them so that they shall be in no worse condition than his other good subjects who were not offenders, being appointed to be sent to serve in the garrisons and cautionary towns of Flushing and Brill, places where many honest men desire to be maintained in service. You are to appoint two very discreet persons to conduct them to Newcastle by the last day of June, whence one hundred will be conveyed to Flushing, and fifty to Brill. For the charges of their journey to Newcastle, we require you to provide as much money as will serve them at the rate of 8d. a day to every man, and 4s. a day for each of the conductors, and the money so disbursed by you will be repaid out of the Exchequer.
Same day and place. The same to the same. It has been no pleasing information to his Majesty, and evil news to us, to hear of the escape of twenty-eight or twenty-nine prisoners from the prison at Carlisle. It seems strange that you have not told us what has become of them, or what course has been taken for the recovery of them.
- 13. April 7, 1605. Carlisle. Sir. W. Lawson to Viscount Cranborne. Having heard that the prisoners condemned when the Earl of Cumberland was his Majesty’s Lieutenant here had broken the prison on Wednesday last at night, I have repaired to Carlisle, where I find that twenty-nine out of thirty-three have escaped. Enclosed is a list of their names. Eight are Scots, who have gone to Scotland; the rest are Englishmen, of whom nine or ten should have been met yesterday between Penrith and Appleby, travelling southwards.
“The names of the prisoners that made an escape forth of Carliell Castle.” Seven bear the name of Armstrong, and five that of Graham.
June 2, 1605. Berwick. The English Commissioners to the Council. Two of the escaped prisoners, Matthew Graham and Richard Blackburne, have been apprehended. It will be difficult to get men of some quality as conductors of the Grahams for 4s. a day.
f.15. Same day and place. The Commissioners to the Council. Wc have taken order that Sir Henry Leigh and Sir William Cranston, with the horsemen in his Majesty’s pay under their charge, shall go to the west parts, to search for the condemned prisoners who have escaped from Carlisle, and, if they have taken the woods, to demolish their houses and expel their families, and to apprehend their “aiders and comforters.” Forty horsemen have been enrolled for this service.
June 2, 1605. Greenwich. The Council to the English Commissioners. Each of the two conductors of the Grahams is to have 6s. a day instead of 4s., and each may have a lieutenant with an allowance of 4s. a day. Whosoever of the men appointed to go to the cautionary towns shall run away, must expect to be punished with death.
June 27, 1605. Edinburgh. Sir William Cranston to the English Commissioners. I have burned all the houses on the Scottish side, at Staykhue.
June 29, 1605. Carlisle. The English Commissioners to the Scottish. We have denounced seven of the principal men of the hundred-and-fifty Grahams as fugitives, and we pray you to take order for their apprehension.
“The names of the principall Graymes that made default. 1. Hutchin Graime alias Young Hutchin,” and six others.
June 29, 1605. Carlisle. The English Commissioners to the Scottish. We send a copy of his Majesty’s warrant delivered to us by Hutchin Graham. We have answered him that he should have what in duty and reason thereunto appertained, but he, giving it out to be a warrant to free him and all his clan from going over to Flushing or Brill, absents himself and sets a lewd example to others.
May 13, 1605. Greenwich. The King to the Commissioners. Warrant to spare the lives of Hutchin Graham and other malefactors who were in the field when Sanders Ringell Armstrong was taken, and to whom, for that service, pardon was promised.
June 29, 1605. Carlisle. The English Commissioners to the Governor of Brill, or his deputy. We have received orders from the Council for sending away fifty of the Grahams to Brill, under a sufficient conductor and lieutenant., who are thence to return. We have chosen Thomas Carleton as conductor, and William Lambe as lieutenant. They have spent long time in the wars, and being now desirous to serve his Majesty, we commend them to you for employment.
June 28, 1605. Carlisle. The same to the Mayor of Newcastle. We should have sent one hundred and fifty of the Grahams by the last of the month, but their appearance has been so slack that we can send only fifty, who are to be shipped to Brill. ‘We hope to send one hundred for Flushing within four clays.
f.18. June 30, 1605. Carlisle. The same to the Earl of Salisbury.
Same day and place. The same to the Council. Three of the escaped prisoners have voluntarily submitted themselves to prison, where they now remain with the four that fled not and the two that were formerly apprehended. At present the woods yield some relief to the others. We summoned the bondmen to appear on the 21st inst., then again on the 25th, and again on the 28th, but there appeared only eighty-five. We have therefore sent fifty to Brill, and delivered the others to their conductor, William Breddiman, and his lieutenant, William Nodder. We have caused Hutchin Graham and seven others to be denounced as fugitives. He is a man generally evil thought of here. We marvel at the absence of Sir William Selby from this service, and of the ten men in his Majesty’s pay who are with him.
f.19. List of the fifty Grahams sent to Brill.
f.20. The fifty Grahams sent to Brill to the English Commissioners. Many of us who were true men confessed ourselves offenders. by reason of the Earl of Cumberland’s promise that provision should be made for our wives and children, nearly a thousand in number, as good as that which we had upon Esk. We therefore pray for the fulfilment of this promise. We could in a month raise three hundred able men to serve his Majesty under our own leaders. We are willing to go to the mouth of the cannon, to the block, or to the gibbet, to show our loyalty.
[July 6, 1605.] Testimonial of the English Commissioners that David Graham of the Bankhead, appointed to go to Flushing with others, differs from most of the rest of his surname in that generally he has not been accounted a thief or a resetter of thieves, but a man of more civil government and behaviour than most of the rest.
f 24. July 6, 1605. Carlisle. Testimonial of the same that Richard Graham, appointed to go to Flushing, is the eldest son of Walter Graham of Netherby, the chief of all the Grahams dwelling between Leven and Sarke, who should receive such favour as to his “demerit” shall appertain.
July 7, 1605. Carlisle. The English Commissioners to the Earl of Salisbury. We have sent seventy-two Grahams to Newcastle. Hutchin Graham of the Gards and John Graham, alias Jock of the Pear-tree, have much hindered this service, and their offence ought not to be passed over.
Same day and place. The same to the Council. We have sent seventy-two Grahams to Newcastle, with 2s. apiece for three days, 71. 4s., and 191. for their conductors. Of the seven principal Grahams whom we denounced as fugitives four have submitted themselves, and have gone with the others, viz., Richard Graham, son of Waiter of Netherby, David Graham of the Bankhead, Alexander Graham of Kirkanders, alias Geordies Sandie, and Hutchin Graham of Roweliffe. Hutchin Graham of Gards still gives out that he has a free pardon for himself and all his, whereas the King’s warrant applies to five only, of whom two dwell in Scotland, one has been hanged, and one has willingly gone to Flushing. Jock of the Pear-tree is the other. We have expelled the families and uncovered the houses of those who still stand out. There are persons of other surnames whose lives have been no better than those of the Grahams.
23.List of fifty-four Grahams named in the schedule and sent to Flushing.
- 26. List of eighteen Grahams, sent to Flushing in place of others named in the schedule, who are dead, sick, or hurt, or otherwise unable to go.
List of twenty Grahams, named in the schedule, who are unable to go, with the causes of their unfitness.
- 27. List of nineteen Grahams who have not appeared.
List of six Grahams, who were named twice in the schedule.
- 29. July 10, 1605. Whitehall. The Earl of Northampton to the English Commissioners. Enquires as to the truth of the petition of George Graham and William Graham, alias Rosetrees the younger, who say that they have not been guilty of any crimes. Petition, etc., enclosed.
July 20, 1605. Isell. Sir W. Lawson to Sir H. Delaval and E. Grey. If the two Grahams mentioned in the Earl of Northampton’s letter arc not already gone to Brill, they may be respited; otherwise enquiry must be made as to their behaviour, especially during what is called “the busie weeke.”
September 13, 1605. Carlisle. The same to the Scottish Cornmissioners Common report says that the Armstrongs of Kinmouth, [?Kinmont Willie ?] who were the principal prisoners who escaped from Carlisle Castle, remain quietly at their houses and that Hutchin Graham with his followers, who were the chief causers of the disobedience of the Grahams, go openly up and down, in Scotland. This is a hindrance to the King’s service, and a pernicious example. Postscript. Four of the Grahams who were sent to Flushing (whose names are given) have returned without licence and fled to Scotland. Pray give order that they may be apprehended.
- 35. September 14, 1605. Isell. The same to Sir Henry Leigh. Concerning the wife of Ritchies Geordie.
October 7, 1605. Same place. The same and J. Pennington to Sir W. Selby, Sir H. Delaval, and E. Grey. Many of the Grahams have returned, and daily return. We will commit such of them as have returned without warrant, until the pleasure of the Council be known. None of the nineteen fugitives, or of the Armstrongs of Kynemouth, have been brought in, although several letters have been sent to the Scottish Commissioners, and to Sir William Cranston. We send you a draft of an answer to the Earl of Northampton concerning Sir Henry Leigh’s suit. Postscript:—By Sir H. Leigh’s means, Hutchin Graham has submitted himself to his Majesty’s mercy. We have committed him prisoner to Carlisle Castle.
- 39. October 7, 1605. Same place. The same to the Council. About twenty-four of the Grahams who were sent to Flushing have returned, and it is said that as many more have landed in divers parts, and they are daily expected here. Some have licences of divers sorts, as some to return within two months, etc. We have issued a warrant to Sir H. Leigh for the apprehension of such as have returned without licence. The better sort much mislike the return of the Grahams. There is some stealing here, and it is likely to increase by reason of the return of these Grahams. Sir H. Leigh has done good service with regard to Hutchin Graham.
List of nineteen Grahams returned from Flushing with and without licence.
October 7, 1605. Carlisle. Sir W. Lawson and J. Pennington to Sir H. Leigh, Provost Marshal at Carlisle. Warrants for the apprehension of such Grahams as have returned without licence, and for the detention of Hutchin Graham.
October 23, 1605. Carlisle. Sir W. Lawson to the Earl of Cumberland. I am troubled with an infirmity in my leg and unable to undergo a long journey. We have appointed a gaol delivery at Carlisle on the 6th of November, and another at Newcastle on the 11th. I therefore crave that my absence may be pardoned. Otherwise on further advertisement I shall perform the commands given to me to the uttermost ot my power, if I can travel but ten miles a day. More of the Grahams are returning daily. If some order be not taken, they will all be shortly at home again.
October 24, 1605. Same place. The same to the same. By the negligence of the gaoler’s servants, who left the door open when they brought in the prisoners’ supper, five notable thieves escaped out of the gaol here last night, of whom one only has been taken again. There remain eight to be tried at the next gaol delivery. This is the third time that prisoners have escaped since the present sheriff entered office.
October 19, 1605. Whitehall. The Council to the English Commissioners. His Majesty has been acquainted with your care and diligence in sifting out the manner and means of the return of the Grahams from service in the Low Countries. His pleasure is that all who have come with a pass shall be sent back to Newcastle to be there embarked and returned to the captain under whom they served. We have written to the Mayor of Newcastle and to Viscount Lisle, Governor of Flushing. It has been usual to grant leave of absence for two months to ordinary soldiers, and the Governor and his deputy did not know that the men sent over from your parts were destined to remain beyond the seas without returning. You are to proceed according to justice against those who have returned without hence concerning their former offences, and keep them in prison until his Majesty’s pleasure is known. The passports subscribed by the name of Philip Thormington are counterfeit, for he is not captain of any company in those parts. Sir H. Leigh has done acceptable service in procuring the submission of Hutchin Graham, who is to be detained in Carlisle Castle until further directions. When these orders have been obeyed, Sir W. Lawson is to repair to Parliament.
- 44. October 14, 1605. The Court at Hinchingbrook (?). The Duke of Lenox to the English Commissioners. The King has promised to give leave to young William Graham, alias Rosetrees, to return from Brill, upon your certificate of his honesty and good behaviour, which pray send by the bearer, who will wait for it.
September 28, 1605. Hampton Court. Sir Roger Wilbraham to the same. On behalf of George Graham of Burnefoote, who has shewed his loyalty in apprehending one Sander Rynion; a rebellious malefactor. You have threatened to press him for service in the Low Countries. He is lame and impotent, and he has the charge of a wife and twelve children.
November 14, 1605. Newcastle. The English Commissioners to the Council. Some of the Grahams have been apprehended at Newcastle. We have proceeded against two for leaving the King’s service. The prisoners here say that of the seventy-two sent to Flushing there are at most fourteen remaining there. Sir H. Leigh has had no great success in apprehending them. He alleges that they flee into Scotland. Hutchin Graham’s example has not been followed. Four notable thieves were executed at the gaol delivery at Carlisle, and ten at Newcastle. The King’s pardon to particular malefactors encourages others. In our opinion the provinces within our commission ought to be exempted from any general pardon by special proviso. English male-factors are received in Scotland, especially in the west.
- 46. November 14, 1605. Same place. The same to Sir Roger Wilbraham. George Graham of Burnfoote did not any service to the King on the borders in the apprehension of Sandie Rynion. When all the Grahams were commanded to come before us at Carlisle he stood out and caused his sureties, two honest men, to forfeit a thousand
pound bond, to their utter undoing. He stands outlawed of felony, and, as we are informed, he was in “the ill weeke” at the spoiling of Orton, the burning of Richard Johnson’s house, and the spoiling of Little Orton, in the first year of his Majesty’s reign.
- 49. November 16, 1605. Carlisle. Sir W. Lawson to the Earl of Salisbury. Since Thomas Percy became a Papist, he has not cared to converse but with men of his own quality, and others of a better religion have not been desirous to have much to do with him. He has not commonly resorted hither, save at the times of the Earl of Northumberland’s audit. The Grahams are in hopes of a pardon at the end of this Parliament. I was hardly able to undergo the journey from Newcastle to Carlisle yesterday.
January 13, 1605 [-6]. Carlisle. Sir W. Lawson to the Earl of Salisbury. Few or none of the Grahams have been apprehended since the 14th of November, although many more have returned, to the terror of the better sort here. If the Grahams were not, these parts would be as free from blood and theft as Yorkshire. As their business is not settled in any good sort, I pray for directions about going or staying. I am somewhat better, but I wish to be spared from so long a journey. I cannot offer sufficient thanks for your favour concerning Cockermouth Castle.
July 7, 1605. Same place. The same to the Earl of Northumberland. Among the one hundred and thirty-two Grahams sent away, we have sent all in the schedule who are of any account except Hutchin Graham and John Graham, alias Jock of the Pear-tree. There are some bad men of other surnames whom it would be good to send away. At the last gaol delivery three persons dwelling within the liberties of Egremont were executed for murder. A man within your liberties of Cockermouth was slain with the wheel of his own wain. I have seized the wain with the four oxen and the two horses that were yoked in it, for your use, as a deodand.
- 59. List of fugitives and outlaws who entered not to the King’s mercy, upon his proclamation or since, for the most part hearing the surname of Graham, Armstrong, Foster, Urwen, or Blenkinsopp. Some of them are charged with killing the Provost of Dumfries; one, Edward Armstrong, is charged with twelve murders.
- 60. Petition to the King from Walter Graham of Netherby, and seventy-eight others, for the most part bearing the name of Graham. We and others, after the death of the late Queen, disorderly and tumultuously assembled with all the warlike force and power that we could, and invaded the inland part of the eastern side of Cumberland, and spoiled many Englishmen, with fire, sword, robbery, and murder. Some among us of evil judgment had persuaded us that until your Majesty was a crowned King in England, the laws of the kingdom ceased and were of no force, and that all offences done in the meantime were not punishable. We have deserved death and the confiscation of our lands and goods. Many of us have wives and children who may be able, with better education, to do good service to your Majesty in some other parts of your dominions. We therefore pray that we may be relegated and banished, as an evil colony, to some other parts of your kingdom, there to spend the residue of our days in sorrowing for our offences. We bind ourselves and our posterity to be of good behaviour towards all your subjects.
- 61. List of seventeen feuds between different families.
List of persons outlawed for felony in Cumberland, between the 34th and 44th years of Elizabeth, one hundred and ten in all, for the most part bearing the surnames of Graham,Hetherington, or Foster,
- 63. List of persons indicted of murder, burglary, or felonies not pardoned, seventy-nine in all, for the most part bearing the surnames of Graham, Foster, Hetherington, or Armstrong.
f.66. List of such Grahams as stand indicted and convicted of murder, burglaries, ete., both before and after the death of Queen Elizabeth.
1.Hutchin Graham, alias Ritchies Hutchin, outlawed for the murder of Thomas Graham, son of Ritchies WiIl, and of John Orfeur, gentleman, son of William Urfeur, esq., then in the Queen’s service. “Item Hutchin Grayme aforesaid for bringing the lord of Buckclough (Buccleuch) and other Scotts men to the breaking of Carliell Castle, and was the third man that entered the same to the fetchinge of one William Kinnoul forth thereof.” Item for taking 200 bushels of big malt and oats from the inhabitants of Cargoe. Item for speeches against the late Queen and the King. Item for spoiling William Nixon of the Bowe and for burning Johnston of Little Orton.
- William Graham, alias Mickle WiIl, his brother, convicted for several murders, etc.
- George Graham, alias Ritchies Geordie, his brother, convicted for thirty different stealths, etc.
- William Graham, alias Carlisle, his brother, convicted for several horse-stealings, etc., and for taking prisoners into Scotland from Little Orton. 5. Richard Graham, alias Lenox, his brother, and five others convicted of the same or similar offences.
f.67. List of persons to be apprehended by Sir H. Leigh, for robberies in “ill week,” and at other times.
January 13, 1005 [-6]. Carlisle. Proclamation by the Commissioners against the retention of arms and of horses not required for tillage in certain districts, save by noblemen and gentlemen. Order for the suppression of the office of water bailiff. Order that Englishmen and Scotsmen shall enjoy like privileges in all market towns within the middle shires of Great Britain.
f.69. January 17 1605 [-6]. Carlisle. Sir W. Selby, Sir W. Lawson, and J. Pennington to Sir H. Leigh. Warrant for the apprehension of all persons of the surname of Graham who have returned from the Low Countries, and all other outlaws and fugitives.
Walter Urwen of Kirkpatrick; where the horsemen of Sir H. Leigh in pursuit of William Graham were reviled, and assailed with stones and spears.
January 22, 1605 [-6]. Newcastle. Articles framed by the Commissioners for the service against the Grahams and other outlaws. Netherby is to be garrisoned by fifteen horsemen under Sir H. Leigh, and the Hollows by a like number under Sir W. Cranston.
January 25, 1605 [-6]. Newcastle. Certificate by the English Commissioners of the reprieve granted to Richard Graham of Randelinton and Arthur Graham of Leven briggs, convicted of departing from the Low Countries without licence.
January 25, 1605 [-6]. Newcastle. The English Commissioners to the Council. Five persons were executed at Carlisle, of whom two were Scots, and seventeen at Newcastle, of whom four were Scots. Few of the Grahams who returned from Flushing and Brill have been apprehended. They expect a general pardon at the end of this Parliament, and in the meanwhile shift from place to place. If the Grahams were not, the country would soon be freed from theft. We desire that Sir W. Lawson may be allowed to stay with us.
- 72. January 30) 1605 [-6]. Carlisle. The Commissioners to the keeper of the gaol at Carlisle. Warrant for the detention of George Graham of Longtowne, and four other Grahams.
List of the Grahams who threatened the tenants of the Earl of Cumberland.
January 31, 1605 [-6]. List of the Grahams who have returned, and who ride in troops, with pistols and lances. Geordies Sandie, Young Netherby, and thirteen others.
March 20, 1605 [-6]. Hexham. The English Commissioners to the Earl of Salisbury. Many of the Grahams returned from the cautionary towns, some fugitives of that name, and divers of those who broke out of Carlisle Castle, remained dispersed in Esk and in the adjoining countries of Scotland, with desire rather to hide themselves than to do much hurt. When Sir H. Leigh and Sir W. Cranston, with thirty soldiers, came to garrison in Esk, they withdrew themselves among the Carlisles, the Johnstones, and other families related to them. After Sir W. Cranston’s retirement to his own house, many of them returned. Some thirteen have been apprehended, and the rest have been forced to leave Esk. The people of Cumberland abhor and fear the name of Graham. We have required Sir W. Cranston to return to his place of garrison, and given the like crder to Mr. Leigh in the place of his father. The state of Cumberland and Northumberland has grown better since the issue of the Commission. There is no stealing save of trifles, and this is as rare as in other shires in England. We have advised the Earl of Cumberland that his grounds should not be farmed to the wives and friends of the Grahams. We have committed to Carlisle Castle divers of the Grahams who have neither been offenders of late years, nor returned from the cautionary towns. Their restraint will not a little bridle their friends who are out. We desire that felonies committed in the middle shires should be exempted from pardon by a special proviso. We enclose several lists.
(1.) The names of the Grahams returned from the cautionary towns without licence—fifty in all.
(2.) The names of the Grahams returned from the cautionary towns with good passports—eight in all, three of them prisoners in Carlisle Castle.
(3.) The names of the Grahams dead since their re urn from e cautionary towns—six in all.
(4.) The names of the Grahams committed for felony for departing from the service—two in all.
(5.) The names of the Grahams returned from the cautionary towns with counterfeit licences—two in all.
(6.) The names of the Grahams who have good passports at large without return. Matthew Graham, alias Plump, and young Hutchin Graham, a prisoner in Carlisle Castle, the ringleader of the first nineteen fugitives, who would not go into the low countries.
(7.) The names of the heads of the Grahams committed to Carlisle Castle upon suspicion of giving “recett” to their friends :—-Walter Graham of Netherby and William Graham of Rosetrees, and six others.
(8.) The names of the Grahams and other fugitives apprehended by Sir Henry Leigh between February 18 and March 13, and sent to Carlisle :—Alexander Graham, alias Bell Sandie, Matthew Graham, alias Plump, and four others, three of whom were of the twenty-nine who broke the Castle.
(9.) The names of the Grahams and other fugitives apprehended by Sir W. Cranston since February 18, but not sent to Carlisle according to directions—eight in all, among whom is John Graham, alias Jock of the Pear-tree, a notable thief, “none of his name worse.”
(10.) The names of the condemned prisoners who broke Carlisle Castle, and are now in custody—ten in all.
April 25, 1606. Christopher Pickering, Sheriff of Cumberland, Thomas Salkeld, Henry Blenco, Sir William Hutton, Lancelot Salkeld, Richard Denton, and Thomas Lamplough, to the English Commissioners. After due consideration of your enquiry, we have found that any forbearance used towards any that were border maletactors has bred greater hurt to the country, and greater insolence in them. Most of these offenders have been so rooted in their “desolate” kind of life that it is almost impossible to reform their disorder. The due execution of justice has always wrought better effect than lenity.
April 28, 1606. Carlisle. Sir W. Selby, Sir W. Lawson, and J. Pennington to Sir H. Leigh and his horsemen. Warrant for the delivery of David Graham of Bankhead. Matthew Graham, alias Plumpe Alexander Graham, alias Bell Sandie, and Rynion Graham, to the Mayor of Newcastle, to be sent into the Low Countries.
- 105. May 2’, 1606. Newcastle. The English Commissioners to Viscount Lisle, Governor of Flushing. We have sent three of the Grahams to be reconveyed to Flushing.
- 108 May 5, 1606. Appleby If the runagate Grahams were apprehended and brought to justice, these countries would continue peaceable.
. If the Grahams could be apprehended, or banished from Esk, this country would become as peaceful as any other.
April 30, 1606. Whitehall Instructions for the punishment of the Grahams and others according to their offences. Proposal to send some of them to Ireland.
Good Friday, 1606. Sir H. Leigh to Sir W. Lawson. On behalf of the same, whom the King has been pleased to call “the honest Grayme.”
May 11, 1606. Twisell. Sir W Selby to Sir W. Lawson. I send a letter from the Earl of Dunbar. He requires great secrecy, and therefore made me his clerk not trusting his own secretary. For aught I know, we two shall be the only English Commissioners at Carlisle on the night of the 20th inst.
- The Earl of Dunbar to Sir W. Lawson. The King at my last parting from his presence, and by letter since the 1st inst., has commanded me to have special care of the peaceable state of the late borders, by apprehension of the disobedient Grahams, the twenty-nine condemned men who broke Carlisle Castle, and other fugitives, and their abettors. I am informed that Sir Richard Lowther of Cumberland gives “recett” to the Grahams. I pray you to make diligent search in his house about daybreak on the 20th inst.. and to bring any fugitives whom you may find there to Carlisle that night, where Sir W. Selby will meet you. The good of this service consists in secrecy. Although I am not acquainted with you, the good opinion held of you by his Majesty and others makes me confident to trouble you with this business.
- 113. May 13, 1606. Isell. Sir W. Lawson to Sir W. Selby. Being a bad secretary, and unwilling to trust my clerk with the secrecy of this business, I shall not write to the Earl of Dunbar until that be effected which he has appointed.
May 19, 1606. Hexham. Sir W. Selby to Sir W. Lawson. This day Maxwell, Johnstone, Buceleuch, Sir Gideon Murray, and Sir W. Cranston, on the Scottish side, and Sir Wilhiam Fenwick and L on the English, with convenient numbers of men, search all Esk and the countries adjoining, for the disobedient Grahams, the condemned men who broke Carlisle Castle, and other fugitives, by direction of the Earl of Dunbar. I am ready to go towards the waste of Tindale, where there is a great assembly under colour of a great hunting.
May 20, 1606. Carlisle. Sir W. Lawson to the Earl of Dunbar. I have made search for disobedient Grahams in the house of Sir Richard Lowther, but I have found none.
May 21, 1606. Sir W. Selby and Sir W. Lawson to the Earl of Dunbar. Six English Grahams and William Armstrong, son of John Armstrong of Kinmont, one of the condemned men who broke Carlisle Castle, have been carried into Scotland. We have received instruction concerning them from the Council. and we therefore pray that they may be safely sent to Carlisle gaol. We also desire the delivery of three other Armstrongs, breakers of Carlisle Castle. Sir W. Cranston has not delivered the prisoners for whom we applied to him. We desire that you will by your own authority cause Sir W. Cranston to return to the Hallowes or to some other convenient place near Esk. Finding our own commands not well obeyed, we think it vain to trouble him by writing. If you prevail as little, we shall be compelled to complain further.
May 27, 1606. Sir W. Selby, Sir W. Lawson, and J. Pennington to the Scottish Commissioners. Concerning the same. Enclose list of fourteen persons whom they wish to be brought to them upon the 14th of June at latest—Grahams, Armstrongs, Urwens, and others.
Same day. Carlisle. The same to John Musgrave, leader of the horsemen under the command of Sir H. Leigh, Provost Marshal. Warrant for the apprehension of fugitive Grahams, and breakers of Carlisle Castle.
May 25, 1606. Carlisle Same day and place. The same to. the Mayor of Newcastle. De3ire to know whether he will deal with the Grahams to be sent to him as his predecessor did with the former Grahams. Report that the two Grahams already delivered at Newcastle have escaped. “It will not he well taken above.”
May 26, 1606. Newcastle. Lyonell Madison, Mayor, to Sir W. Selby, Sir W. Lawson, and J. Pennington. WiIl obey the directions of the Council. There is a ship now preparing for the Low Countries.
June 3, 1606. Same place. The same to the Council. We have been here since the 20th of May, and shall continue by turns to attend the service. We have sent John Musgrave of Plumpton with fifteen horsemen to garrison in Esk, and have written to Sir W. Cranston to lie there also with his fifteen. We went thither with the Sheriff on the 30th of May, and remained until the Earl of Cumberland’s officers had taken peaceable possession of divers tenements within his grants, returning the same evening to Carlisle. No resistance was made. We have left to your consideration certain grounds reputed to be part of his Majesty’s manor, and not within the forest of Nicholl granted to the said Earl. A house called Brackenhill is challenged by the widow of Richard Graham lately deceased, as purchased by his father from Sir Thomas Dacres. We shall proceed against the Grahams according to your instructions. Richard Graham of Randhinton has broken prison. We have reprieved Arthur Graham. There is no likelihood of getting a. convenient number of them to send away. There are not now remaining in Esk or within the Earl of Cumberland’s grants much above thirty Grahams. married or unmarried, fit to be sent away to make up the number of those that are returned or dead. Most of these absent themselves, preferring, it seems, to die at home with shame than to serve his Majesty abroad with credit. Hutchin Graham had a commission under the privy seal for the apprehension of Sandies Rynion. We hope that Jock of the Pear-tree and Jocks Ritchie will h-ic sent down from London, together with William Bell, alias Cutler. Jock of the Pear-tree is one of the five who betrayed Sandies Hynion, and so within the remission. Five worse men cannot be found among all the Grahams than those who are within the remission. The country continues peaceable.
- 120. Same day and place. The same to the Earl of Cumberland. We went with the Sheriff to Arthurett Church, and your officers took possession of divers tenements without resistance. We have reserved the case of Thomas Musgrave and other tenants at Bewcastle for the considheration of the Council, as also that of the widow of Brackenhill. We have acquainted some of the principal Grahams with the King’s purpose to transplant sonic families into Ireland. We find them so willing that they humbly entreat to be settled iii the places appointed before winter. We intend to send the unmarried within your grants to the cautionary towns. We pray you to show compassion towards the wives and children of such as willingly went thither at first and did not return. We have not favoured the Graharns or any others more than Christian charity binds us.
June 10, 1606. Morpeth Castle. E. Grey to Sir W. Lawson and J. Pennington. Concerning the gaol delivery.
List of the imprisoned outlaws at Berwick – seven Englishmen, all Grahams or Fosters. and eight Scotsmen, Grahams, Armstrongs, and others.
- 124. June 24, 1606. Greenwich. The Council to the Bishop of Carlisle and the rest of the Commissioners The acquittal of twenty-three persons out of the twenty- even arraigned at Carlisle and Newcastle, will make them bolder. If you will certify the Council in Scotland that only two out of fifty Scotsmen accused for recent felonies have been sent to you, they will doubtless take order for the furtherance of the King’s service. We wish all means to be used for the apprehension of the Grahams who returned from the cautionary towns. Let a pardon be drawn for those mentioned in your letter of the 3rd inst. It appears that divers of the Grahams and other surnames were formerly planted in the province of Connaught, where they have grown to be men of good desert and quality. Sir Ralph Sidley being likely to have the disposing of a great quantity of land called Roscommon (Rose common), is well able to place forty or fifty households there. He will give you information as to the commodities of the place, and the fertility of the ground, which will doubtless be welcome to those who are threatened with the hands of justice. All severity should be laid upon such as are unwilling to go, the greater part of them having deserved punishment. The country should contribute towards providing them with a stock at the first plantation. We will deal with the King for the charges of their transportation.
- 125. Note of the particular misdemeanours of Hutchin Graham.
- On Monday after the death of the late Queen, he neglected to stay his friends from their invasion, although admonished to do so by the Bishop of Carlisle, who saw them from the ramparts of the castle.
- On Tuesday following he brought one hundred and forty of his kinsmen and friends, English and Scottish, to the town of Cargo, near Carlisle, and provided them with victuals for themselves and their horses, free of cost, at the charge of the town. He had for many years taken this town into his protection, receiving from each husbandman four pecks of malt yearly for black mail, these pecks being of Carlisle measure, 20 gallons to the bushel.
- On the Wednesday following, he crossed the Eden into Grinsdale, where he and his company as men of war erected two “pensills” of linen cloth on the tops of lances.
- On that day he and his company, armed with jacks, spears, pistols, and steel caps, assaulted Capt. Bowyer, or his lieutenant, and his soldiers.
- Seeing a company of the townsmen of Carlisle coming to the rescue of his Majesty’s soldiers, he and his company went westward. They spoiled a place called Bow, robbing men in the way, and afterwards spoiled the town of Orton, where they burned the house of Johnston and took prisoners.
- He went back to Cargo, and there divided such spoil as was brought in by his company, he and young [Graham of] Netherby as captains taking an eighth of the whole spoil.
- Having obtained from the King a promise of remission, he has not made restitution to the parties grieved. He refused to go to the Low Countries, and became a ringleader of nineteen others of his name, who fled into Scotland. Subscribed by the English Commissioners.
Certificate concerning ninety Grahams and their families dwelling upon Esk and Leven. Twenty-three are worth 201. a year and upwards, and are declared fit to be transplanted. Among these are :—
- Walter Graham of Netherby, his wife and eight children, of whom the eldest is an outlaw, and the second a disorderly person;
- William Graham Rosetrees, his wife and six children;
- Hutchin Graham, alias Young Hutchin, his wife and three children;
- one Graham &t Flushing and another at Brill.
Eleven worth 20l. a year and upward are fugitives.
Seven worth 10l. a year and upward are fugitives.
Six worth 101. a year and upward are declared fit to be transplanted.
Eleven are not worth 10l. a year.
Six are cottingers and outlaws.
Twenty-six are cottingers answerable and poor people.
- 128. July 5, 1606. Carlisle. The English Commissioners to the Council. We have called before us those of the Grahams who are confined to the city of Carlisle as pledges for their children and friends, and they, after some deliberation, yielded to the proposal for their transportation into Ireland. Peartree and Jocks Ritchie, prisoners in the Castle, immediately petitioned to be sent thither also, and we have accepted their request in consideration of the great number of that name who by their means might be drawn to be transported. They have promised to bring in their friends, fugitives, within eight days. Hutchin Graham, a man of the greatest mind and means among them, did not petition, relying on the King’s remission. We called him to the bar publicly, and told him that he had obtained it upon a false suggestion, as he was not at the taking of Sandies Rynion, and that he had not fulfilled the conditions by good behaviour since. An hour later he also petitioned. The country is at peace. Sir Ralph Sidley has told us that each householder to be transported should have at least 201., wherewith to maintain himself until the land in Ireland should yield profit. We find that no sufficient sum can be drawn from the benevolence of the country.
July 19, 1606. Greenwich. The King to the Commissioners. Warrant for the delivery to Sir Ralph Sidley of the Grahams chosen for transportation to Ireland. Those who wish to go thither from the cautionary towns must come to England at their own expense or at the expense of their friends. Those who refuse to go, and other notorious offenders, are to be prosecuted. A dozen horsemen may be obtained from Berwick. Lists of the gentlemen willing to contribute to the cost of transportation, and of those unwilling to contribute, are to be sent to the King.
July 30, 1606. Carlisle. The English Commissioners to the Earl of Salisbury. Having taken very great bonds, and fathers and sons as pledges, we are persuaded that all the Grahams, seeing a resolute course taken, will no longer hazard their lives, but come in ready for transportation At the last gaol delivery on the 28th, we executed none of them, and we hope to end the business without blood. We send a list of the gentlemen and freeholders of Cumberland who have offered to contribute to the transportation of the Grahams, but we still think that a competent sum cannot be raised in this manner. Workington and Ravenglass would afford the most ready passage into Ireland. The want of money for stock is now the chief obstacle.
- 132. List of contributions promised by the gentlemen and free-holders of Cumberland towards the transplantation of the Grahams
- 133. Same day. Carlisle. Warrant for the release from prison of Hutchin Graham, and six other Grahams, on bail.
- 134. August 16, 1606. Carlisle. Sir W. Lawson to Sir W. Cranston. Sends list of thirty-five Grahams who still stand out.
- 135. August 15, 1606. List of the justices and gentlemen who agree that fifty families of the most notorious offenders of the Grahams be transported into Ireland and that the country yield a contribution of 3001. Among the names is that of Sir John Dalston.
- 136. September 9, 1006. Naworth Lord William Howard to Sir W. Lawson. Both Scotland and England “lye onelie upon me,” for there is not a week, and scarce a night but they steal either from me or my tenants. It grieves me that so wicked a thief and murderer as Flaughtaile should be transported “ without answeringe the law.” Pardons have not heretofore been so easily obtained. I can prove that one Archibald Mackwittie, a Scotsman, dwelling with one Herbert Maxwell under Lord Maxwell, has stolen my cattle. I pray for his delivery, and that of one Archibald Armstrong, brother of Andrew Whithaugh, at whose house five of my cattle were found yesterday. If such open felonies escape unpunished, lamentable will be the state of these parts.
Same day. Carlisle. Sir W. Lawson to Lord William Howard. Flaughtaile came in upon conditions, and therefore he must either be sent away or set at liberty.
September 12, 1606. Carlisle. The Commissioners to the Lord Deputy of Ireland. Request him to moderate any differences that. may arise between the Grahams to be transported and their landlord, Sir Ralph Sidley. The counties of Cumberland and Westmoreland, having sustained great losses from the Grahams, have contributed a great sum of money to redeem their peace.
- 142. September 13, 1606. Carlisle. The Commissioners to the Earl of Salisbury. We have sent the chief Grahams to the port of Workington, under the conduction of the Sheriff of Cumberland, with the assistance of the county, and of Mr. John Musgrave’s horsemen. We have not been able to send away fifty families, because some of the poorer sort who had yielded themselves into transportation, at the instant thereof fled, out of weariness of their bondage to their masters, the chief Grahams. There are not now left between Leven and Sarke more than three Grahams of ability, of whom two are more than eighty years of age. All the notorious offenders whose manner terrified all peaceable men, are gone away. Some of their wives who cannot go now will follow in the spring. By their clamours and our entreaties they have been allowed to gain the corn, hay, and grass of this season without any allowence of rent to the Earl of Cumberland, so that he can have little or no profit of his” sign iorie” this year. We find Sir R. Sidley well affected to use the Grahams well, if they shall so deserve. We hkve committed to him the 3001. levied for them from the country. There yet remains almost 2001. to be levied, which may be used either to transport others, or to increase the stock of those now transported. Although Esk, Sarke, and Leven are purged of evil men, there remain others fit to follow in Bewcastle and Gillesland. The Grahams carry with them many horses and much household stuff. There are yet remaining outlaws the sons of Walter Graham of Netherby, and divers others. Certificates concerning certain prisoners.
- 143. September —, 1606. The Bishop of Carlisle and Sir W. Lawson to the Council. Enclose an account of the charges of removing the Grahams from Carlisle to Workington. Charges for men and ships pressed for the King’s service from the 1st of August to the 13th of September, and for provisions. List of the ships employed—six in all, which carried 45 horses, 114 Grahams, Sir Ralph Sidley and four men. Charges for carts, boats, and wages. The total amounts to 135!. 8s. 5d.
- 147. October 3, 1606. Carlisle. The Bishop of Carlisle Sir W. Lawson, J. Pennington, arid E. Grey to the Earl of Salisbury. At the gaol delivery on the 3rd, three Scotsmen and two Englishmen were convicted. Some Grahams have lately returned from the cautionary towns. We hope that they will undertake to follow their friends into Ireland in the spring. The Grahams had a prosperous voyage. They embarked at Workington on the Saturday at night, and arrived safely at Dublin on the next Tuesday in the morning. Two knights of their own name and kindred came to them there, and comforted them with kind entertainment and promises of help.
November 2, 1606. Whitehall. The Council to the Commissioners. Commend their diligence in the service of sending away so many of the Grahams. Desire to be informed of the names of those who refuse to contribute towards the sum of 2001. which has yet to be levied. The King is willing that the Grahams who have returned from the cautionary towns, and some of the former outlaws, should be allowed to go to
Ireland if they will give security for their abode there. He is very desirous that justice should be administered on the late borders. Complaints have been made of the partiality of the Captain of Bewcastle.
November 11, 1606. Rose Castle. The Bishop of Carlisle and Sir W Lawson to the Council. Two of the Grahams lately transported into Ireland have returned, of whom we have already apprehended one. We hear sundry rumours that many of the most offensive persons among them have landed in Scotland. The Graham now in prison says that they left because they could get none of the money entrusted to Sir R Sidley for their relief. We beseech you to examine Sir Ralph as to this at his next being at court.
Same day and place Sir W. Lawson to the Earl of Salisbury. Desires to be excuse from attendance in Parliament on account of his duties as convener.
- 158. List of outlaws—Ritchie Graham of Netherby, Arthur Graham of the same, Thomas Graham of the same, and fifty-one others bearing the names of Graham, Story, Urwen, Armstrong, andi Foster.
N.D. Sir W. Lawson and J. Pennington to the Scottish Commissioners. Notification that Richard Graham of Netherby, Arthur Graham of the same, and three others named, have submitted themselves to the King’s mercy.
December 13, 1606. Carlisle. The Bishop of Carlisle, Sir W. Lawson, and J. Pennington to [the Council]. Richard Graham of Netherby, principal of that clan, and an outlaw of the greatest note, has voluntarily submitted himself for transportation into Ireland. Others are and will be drawn to follow his example. Account of proceedings at the gaol delivery. Those Grahams who remain here complain that Sir Ralph Sidley does not perform his covenant with those in Ireland. If this be so, hunger and poverty will thrust them into these parts again.
- 161. October 27, 1606. Athlone. William Graham of Medopp and Richard Graham to Mickle William Graham, brother of the second. We do not get the money that was set down by the Commissioners. We have spent all our money, and cannot get a penny to buy meat and drink withal. We have came a day’s journey with him (Sir R. Sidley) “to be at a point with him,” but could not.
- 165. December 24, 1606. Same place. The same to the same. Those Grahams who have returned from Ireland deserve the least favour. You are to proceed with them in justice, both for their own offences, and for example’s sake. Those who returned from the cautionary towns, and those fugitives who now voluntarily enter themselves, may have the favour of transplantation into Ireland if they give good security for their speedy departure thither. Let justice proceed against those who do not give good caution for their departure, and those who are still fugitives. We have written to the Lord Deputy [of Ireland] desiring him to deal earnestly with Sir R. Sidley for such good usage as may encourage the Grahams to continue there. We have written to Sir W. Selby to send the ten horsemen tinder his charge to Carlisle, according to your desire. You may call the Captain of Bewcastle before you, and tell him that it is not the King’s pleasure that he should by himself command all the inhabitants within that precinct as he has done heretofore in troublesome times, and that he must not interrupt the execution of your warrants.
January 29, 1606 [-7]. Same place. The English Commissioners to the Earl of Salisbury. John Armstrong alias Stowlugs, Thomas Armstrong, alias Edward’s Tom, Christopher Urwin, alias Gifford Carleton, Robert Graham, and William Graham, alias Flaughtaile, have been tried and executed The third of these was a fugitive from Brill, returned from Ireland. The last was a most infamous murderer, returned from Ireland. He was taken in the Bishopric of Durham by Lord William Howard whom we still find a great furtherer of justice. The peace of these parts. which was reasonably well settled, is much disturbed by the robbery of Mr. Craven on the 13th inst. on his travel between Penrith and Kendal. We have reason to believe that John Musgrave of Catterlen caused the robbery to be done. By his own confession he was with the suspected robbers the night before at Penrith, and he harboured two of them the night after in his own house. We have committed him to ward.
February 23, 1606 [-7]. Berwick. The Earl of Dunbar to the Bishop of Carlisle and Sir W. Lawson. “Man purposeth and God determyneth.” Hopes to be well enough to meet them on the 18th of March. Mangerton, Whithaugh, William EIlott, Andrew Armstrong.
and Martin Ellott are executed for very odious and criminal causes, and fourteen others for stealths and other punishable causes.
- 177. January i’8, 1606 [-7]. Whitehall. The Council to the Commissioners. The King has received a petit.ion from William Graham of the Rosetrees and George Graham, his brother, that they may be permitted to remain. He is willing that they should not be constrained to go into Ireland as the rest, but they must remove to some place in England or Scotland not part of the late borders. The Earl of Cumberland will provide them with means to settle elsewhere, the measure whereof is to be ordered by the Commissioners.
October 26, 1606. The Court at Royston. Sir Roger Wilbraham to the Commissioners. The King desires tc have their opinion on the case of Anne Graham.
Petition of Anne Graham, wife of George Graham, to the King, praying for permission to continue in the house and land which she and her husband rented of her brother, George Stone, keeper of the royal park at Wandles.
January 4, 1606 [-7]. Whitehall. John Murrey to Sir W. Lawson. On behalf of George Graham, alias Carlisle, a true man who has been outlawed.
March 2,1606 [-7]. Naworth Castle. Lord William Howard to Sir W. Lawson. On Saturday night I sent my men and apprehended William Graham of the Black house, alias Old Will’s Willy, who escaped when Flaughtaile was taken. Anton’s Edward has written to me, desiring that he may be banished. I have no authority to examine the prisoner Blackhouse, hut he voluntary confesses that since his return from Ireland he and Flaughtaile have been received by Mr. Fetherston of Stanhope (Stannox), a justice of the peace in the Bishopric of Durham, by Dr. Burton there, and by Sir George Hall, clerk, curate of Stanhope. This kind of dealing is intolerable among clergymen and justices of the peace.
March 4, 1606 [-7]. Carlisle. Sir W. Lawson to Lord William Howard. Concerning a prisoner [W. Graham].
Same day. Naworth Castle. Lord William Howard to Sir W. Lawson. Concerning the examination of the same.
- 179. March 5,1606 [-7]. Carlisle. The Bishop of Carlisle and Sir W. Lawson to Lord William Howard. Concerning the same. As it would be difficult “to circumvent” that ancient murderer [Anton’s] Edward, it will not prove amiss to rid the country of him by banishment.
- 180. March 11, 1606 [-7]. Carlisle. The Bishop of Carlisle to Sir W. Lawson. The garrison is gone to Hexham, and I expect the prisoners to-morrow. Your presence hero -will be absolutely necessary. The gaol is much “pestered “ and will grow worse. A gaol delivery should be held on the last of this month. You will come sufficiently armed to answer all Scottish objections, and like a right Cumberland man. A precise account will be required of what justice has been done on both sides. Expect to bear the whole burden yourself as concerns the English part.
March 12, 1606 [-7]. Carlisle. The Bishop of Carlisle to Sir W. Lawson. Desires to see him concerning the gaol deliveries in Cumberland and Westmorland the sending away the Grahams, the building of Arthuret Church, and other like works.
Thirty years later there is still trouble.
January 8, 1637 [-8 7] Muncaster William Pennington to Lord William Howard. There has been of late much stealth of sheep in these park, so that many have lost a fourth part of their flocks, others a third, and some one half. If some speedy course be not taken, we shall he in a worse case than the borders. The thieves seldom take above one or two sheep at a time. It is thought that they bestow the flesh underground or in some other secret place. The pelts, after pulling them, they throw away, and the bones they burn. If they chance to be taken, there is nothing to be found with them but suet, or wool. Though they have no sheep or goods of their own, they fare as well on this trade as those who have good farms. This country stands altogether upon the flocks of sheep. Abraham Singleton, a notorious thief, is now in prison.