Folio 33: this post is another transcription of one of the Pacification of The Borders documents, from The Pennington Archive.

For the background on the documents, you can read my first post on the subject here.

And my second post, which looks at King James I/VI and the Grahams, here.

While my third post features Walter Graham of Netherby is here.

Folio 33

Folio 33 – as numbered by the Reivers website – starts part-way through a sentence. Being a Jacobean sentence, even the truncated bit is 93 words long.

Punctuation in those times was rare, and once you successfully transcribe a section, it’s often hard to cut to the chase of what they were talking about!

In essence, folio 33 is again about the Grahams, and is King James (or those speaking on his behalf) addressing the commissioners who have been tasked with the pacification of the borders.

It seems the commissioners wanted to know the limits of their powers. Could they get involved in the cases of Grahams who were in jail, for instance?

The answer was ‘no’ – if the offences were old ones. But ‘yes’ if they were new ones.

This doesn’t seem to have been out of concern for justice, but more ‘don’t butt in where King James already has things in hand’.

The later part of folio 33 is concerned with what the commissioners can and should be doing. Namely, to forbid folk in named areas of Cumberland, Northumberland and Scotland from possessing weapons, armour, and horses (bar farm ‘naggs’). Unless they were in the King’s service, or nobles and gentlemen who supported him.

A harquebus, by the way, was a gun fired from the shoulder. 

Here is my transcription of their folio 33.

…Brittaines, although the execution of the same dipendeth cheiflie upon your own ?discretions

and such directions as from tyme to tyme you shall receive from his majesty and his counsel

and as you shall have course to have any such directions in cases of difficultie, yet upon

some questions moved by some of you upon the commission to and of his majesty’s privvy

counsel, we have thought is convenient in -es-ing you of these questions to give the

same as an instruction or memorial for the better execution of power committed to you.

First, where there remains now at his majesty’s disposition certaine malefactors of the

surname of Graham, whereof some have been – to their submission, and some others

do yet s- out or have not been called in question, for the first part, because his majesty 

hath a purpose to dispose of them another way, you shall not by your commission

medle with any of them for any offence done before their submissions, but if they have since their

submissions committed any new harmes or trespasses, you may p’ceed according to your

commission, and so likewise you may do with any of that surname, which either have not

submitted themselves being called in question, or else have not been called into question

at all.

And where there be d- prisoners already in gaols but not convicted, his majesty’s pleasure

is that you his commissioners shall proceed therein according to the commission of ?Oie- and

?-ermin- their severall offences according to the course of his lawes.

And where you have moved that all indictments in the hands of Ca- Rotaloe/Kotaloe??, clarke of the

assizes and clarks should be brought before you at the gaols, deliveryed together with the

recognizance taken for appearance or pursuit of felonies for the good behaviour for the peace

and other ?hks? and also such informations and evidence as have been taken by justices of peace

against offenders.

You shall understand that we think it meet that all such as are under bail appeared at the gaols

del- for the several counties be left their trials there and not medled with by you.

And for as much as a great encouragement to that loose people to comytt such outrages as

they have accustomed to do, is the ?use amongst them to ride or go armed with pistols and other

weapons, his majesty’s pleasure is that you chiefly take care to forbidd to all persons within

the bonds of your commission the-st of pistols, harquebusses and armour, except such as and

in his majesty’s service, and to all inhabitants within -idall, ?Widesdaill in Northumberland, Borocastle

dale, -illiaba, the north part of Gilsand, Eske and Leven in Cumberland, East and West

-dale, Liddesdale, Esdale, Easdale and Armourdale in Scotland, of all manner of armour

and weapon and of horses, saving m-s naggs for their tillage, excepting noble men and

gentlemen and their housholds servants for his majesty’s service, residing in these countries, you

shall also understand that it is thought fytt that in the triall which shall be made before

you, by vertue of his majesty’s commission the evidence of a Scottishman against an Englishman and an Englishman against a Scottishman shall be -ed for good.