former treaties discontinued, supplied
many old defects, and made new ordinances. Slaughters we were forced to
leave as they were (the Scots protesting that they could not, under their
instructions, deal with them); but we trust as the punishment is left to
the princes, her Majesty will so consider the same, that it shall be found
far better that we have left that article at large, than if we had
condiscended to any meane degree of correccion for so barbarous acts ...
specially by Baklugh, who is _flagellum Dei_ to his miserably distressed
and oppressed neighbours."[98]

But, however distressing Buccleuch's conduct may have been to the English
members of the Commission, it is evident that neither King nor Council in
Scotland was disposed to regard him as a "scourge of God." He went up to
Edinburgh at this time, when things seemed to be going so much against him
in the Commission, and had an interview with James, and so obtained his
favourable countenance, that "they laughed a long time on the purpose."
The Council took an equally favourable view of the situation, affirming
that "it was found that his last invasion of England was just, for
'repetition' of goods stolen a short time before, and the slaughter was
but of special malefactors, enemies to the public weal and quiet of both
countries."

Elizabeth, however, took a different view of the matter, and put her foot
down with such purpose and determination that James speedily became
convinced that he must either surrender his favourite, or involve the
country in a war with England. The latter alternative was out of the
question, as it might have imperilled his claim to the succession, and so
Buccleuch was compelled to place himself as a prisoner in the hands of
Sir William Bowes, who conducted him to Berwick, and put him in ward,
there to await the Queen's pleasure. Sir John Cary was then governor of
the town, and it was with much perturbation and many misgivings that he
undertook the safe custody of such a notorious and masterful captive. In a
pathetic letter which he addressed to Lord Hunsdon, he says--"I entreat
your lordship that I may not become the jailor of so dangerous a prisoner,
or, at least, that I may know whether I shall keep him like a prisoner or
no? for there is not a worse or more dangerous place in England to keep
him in than this; it is so near his friends, and besides, so many in this
town willing to pleasure him, and his escape may be so easily made