Cromwell-"my cousin Darcy is going up to the King. They had so confettered together that if there had been a foughten field, the King would have proved their true hearts. He desires credence for him and Sir Nic. Fairfax of all the occurrences at that day and since, and as to the affairs in Northumberland." Sir Nicholas succeeded in making his peace with the King, and on the 18th January, 1537, he obtained from Henry VIII., "in earth supreme head of the Church of England," a pardon for all treasons committed before the 10th December, 1536. About this time the rebellion in Yorkshire broke out again, under Sir Francis Bigod, but Fairfax took no part in it; evidently he had seen enough of treason, and was content to have narrowly escaped the fate which was soon to befall his leaders. The rising quickly collapsed, and the King set to work to get Aske and the other leaders into his power. "He had been examining all the evidence sent up to him in the spirit of a detective policeman, and writing marginal comments thereon for the instruction of Norfolk." Lord Darcy, Sir Robert Constable, and Robert Aske were arrested in April. On the 8th May Norfolk writes from Sheriff Hutton to Cromwell, acknowledging the King's letters and Cromwell's, and the lists of gentlemen to be indicted; he supposes the two bills are for two inquests, that one may not know what the other does. He is so well with gentlemen there that he doubts not to put upon the quest some that have married lord Darcy's son's daughters and Sir Robert Constable's. He will put John Aske upon it, eldest brother to Robert Aske. He assures Cromwell all will be found according to the King's pleasure, and he adds-"My good Lord, I will not spare to put the best friends these men have upon one of the inquests to prove their affections, whether they will rather serve his Majesty truly and frankly in this matter or else to favour their friends. And if they will not find, then they may have thanks according to their cankered hearts. And as for t'other inquest, I will appoint such that I shall no more doubt than of myself." On the 9th May lord Darcy, Sir Robert Constable, Sir Francis Bigod, Sir Thomas Percy, Robert Aske, and others were tried at York. On the following day Norfolk wrote to the King-"yesterday, at my being at York, was the greatest assembly of the gentlemen of the shire there had been seen these 40 years, none of any great substance lacking that was able to ride; of whom I appointed two quests, 20

Letters and Papers, Foreign and Domestic, Hen. VIII., vol. xi., no. 1368.

2 The pardon is in Mr. FairfaxCholmeley's collection.

3 Letters and Papers, Foreign and Domestic, Hen. VIII., vol. xii., part i., preface, p. xxix.

4 Ibid., vol. xii., no. 863.
5 Ibid., vol. xii., no. 1156.

of the one and 21 of the other,' and after declaring my mind to them, made them go to several places. They shortly returned and found the two bills of indictments sent from your Highness' Council billa vera, without putting out or adding a word." Norfolk sends to the King the names of the gentlemen that were upon the inquests. "They were not only of the greatest substance that ever I saw pass any indictment, but with very few exceptions they are very near of kin to those indicted. They have shown themselves true subjects, and have deserved the King's thanks." The jury lists have remarks in the margin, in Norfolk's hand, on the connection of some of them with the chiefs of the rebellion. In one of the lists the name of Sir Nich. Fairfax occurs, with the note-"his son hath married Sir George Darcy's daughter."2 Sir Nicholas' name also occurs on a grand jury panel for the trial of lords Darcy and Hussey in London on the 15th May. The leaders were of course all condemned, and they were executed in the latter part of May and during the following month. In June Norfolk sent to Cromwell a list of proposed pensioners, in which the following names the following names appear:-Sir Ralph Ellerker, 40; Sir George Darcy, 20/.; Robert Bowes, 20.; and Sir Nich. Fairfax, 207. The acceptance of this blood-money must have completed the humiliation of these "true subjects."

The next thirty years of Sir Nicholas Fairfax's life appear to have been comparatively uneventful, though after the Pilgrimage of Grace Cromwell's spies seem to have kept a watch on his doings. On the 2nd August, 1538, Christopher Jenney wrote to Cromwell from York-"there was a little business between Sir Nicholas Fairefax and Fox, but we will know the truth before our departing from the North, and I shall show your lordship thereof at my next waiting upon you.”5 In 1539, and also in 1561 and 1564, Sir Nicholas sát on the Council of the North, which was established after the Pilgrimage of Grace to keep the people in order, and to execute justice in the King's name. He sat in Parliament for Scarborough in 33 Hen. VIII., and for the county in 5 Elizabeth. He was sheriff of Yorkshire again in 1544 and 1561. In 1565 he had the custody of the lands of St. Mary's Abbey, York."

1 Of the 21 jurors in the first list, nine are mentioned in Robert Aske's statement as being present at the gathering at Pomfret on Dec. 2, and of the 20 jurors in the second list, 10 were at Pomfret.

2 Letters and Papers, Foreign and Domestic, Hen. VIII., vol. xii., no. 1172. 3 Ibid., vol. xii., no. 1207 (3). also Yorks. Archæol. Journal, xi. 266-270, for an account of these trials.

See

6

4 Letters and Papers, Foreign and Domestic, Hen. VIII., vol. xii., part ii., no. 102 (5). Endorsed "Sums of money given to divers gentlemen of the North." 5 Ibid., vol. xiii., part i., No. 20. 6 Drake's Eboracum, 368, &c.

7 Calendar of State Papers, 1547-1565, p. 568.

3

On the 16th May, 1568, Queen Mary of Scotland fled into England after escaping from Lochleven. Sir Francis Knollys, who had been sent to Carlisle to receive her, and was then at Richmond on his way thither, wrote to Cecil on the 27th May to give him an account of an interview which he had with the earl of Northumberland. He says that the earl, hearing of his coming, came from his house at Topcliffe, and met him on the way, near Boroughbridge. The earl had with him "Sir Nicholas Fearfax' and Sir William Fearfax his sone, Mr. Hungate, and Mr. Vavasor, being all unsounde in religion, and with his lordship at Carlill." Sir Francis Knollys roundly rebuked the earl for attempting to take the Queen of Scots into his custody, and he told Sir Nicholas Fairfax "that he wold be tawghte to attend upon her Highnes' pleasure before he should attend upon the Queene of Skottes or upon my lord of Northumberland in such cases. On the 26th March, 1569, Thomas, earl of Sussex, wrote to Cecil from York-"Lord and Lady Herbert are now here, and as he will tarry but awhile, I have sent for my lords of Northumberland and Westmoreland to meet us on Monday at Sir Nich. Fairfax's house, and so, with horse-races, hunting and hawking, to make his Lordship the best cheer we can, for the short time he tarries in the country." In the autumn of this year the two earls commenced their ill-starred rebellion.

The old Church and the old nobility were still very strong in the North of England, and the two earls were most anxious to free Mary, to proclaim her Queen of England, and to depose Elizabeth; or, at least, to force Elizabeth to acknowledge Mary as her heir, and to withdraw her support from Protestantism." "The key to the partial success of this desultory and ill-timed rebellion is to be found in the fact of the strong adherence of the northern counties to their ancient faith." Sir Ralph Sadler stated that in this year "there be not in all this countrey" (i.e. the North) "ten gentilmen that do favour and allowe of her majesties proceedings in the cause of religion," and he describes the common people as ignorant, superstitious, and blinded with the "olde popish doctryne." There can be

1 Sir Nicholas was a kinsman of the earl of Northumberland (see note 3, p. 126 ante). Thomas Percy, seventh earl of Northumberland, was the son of the Sir Thomas Percy who was executed in 1537 for his share in the Pilgrimage of Grace. 2 William Hungate, of Saxton. His daughter, Jane, was married to Nicholas, second son of Sir Nicholas Fairfax.

3 John Vavasour, of Hazlewood, married Eleanor, daughter of Sir Nicholas Fairfax.

+ Queen Elizabeth and her Times, by Thos. Wright, vol. i., p. 272.

5 Calendar of State Papers, Domestic, Addenda, 1566-1579, p. 74.

6 Gardiner's Student's History of Eng land, 441.

Calendar of State Papers, Domestic, Addenda, 1566-1579, preface, p. viii.

8 Memorials of the Rebellion of 1569, by Sir Cuthbert Sharp, preface, p. x.

3

little doubt that Sir Nicholas Fairfax, "unsound in religion. Sir Francis Knollys thought him, sympathised with the movement, but he was now about seventy years of age, and he had already been severely taught the danger of rebellion. His second son Nicholas, however, actively joined the rebels. As the earl of Sussex wrote to Cecil (Nov. 20)-"he is a rare bird that has not some of his with the two earls, or in his heart wishes not well to their cause."1 On the 26th November Henry, lord Hunsdon, wrote to Cecil in the same strain "all the gentlemen, save a few of the East Riding, remain in their house as neuters, but their sons are with the rebels." On the 4th November, 1569, the earl of Sussex summoned the earls of Northumberland and Westmoreland to York, and he afterwards wrote to Cecil-"These earls deal so fondly that I am afraid they will forget their duty when summoned before the Queen. I will perform my duty to the uttermost, if she will have them chastised."4 On the 8th November he wrote to the Queen from York—“This morning I received letters from the earls of Northumberland and Westmoreland, whereupon I called the members of your Council here together, viz. the Dean of York, Sir Thos. Gargrave, Sir Nicholas Fairfax, Sir Hen. Gale, Mr. Rokeby, and Mr. Vaughan. One of the earls directly refused to come, and the other deferred his coming." On the 15th November the earls raised the standard of rebellion at Brancepeth. On the 17th, young Nicholas Fairfax with a great company entered the house of Anthony Catterick of Stanwick." Before Christmas the rebels had made "a fond and foolish end of their traitorous rebellion," and young Nicholas Fairfax was among the prisoners at Carlisle. His father was associated with the Council of the North to receive the submission of all offenders of the West Riding."

Sir Nicholas Fairfax died on the 30th March, 1571. His will1 and Inq. post mortem" will be found in the appendix to this paper. The "convenient tomb," for which he made provision in his will, stands in Gilling Church, under the easternmost arch of the south arcade of the nave. Sir Nicholas is represented in plate armour, with his head. resting on a helm and his feet on a lion. On either side, and on a lower level, are the effigies of his two wives; on his right, Jane Palmes, his first wife, with a hand erect at her feet; and, on his left,

his second wife, Alice, daughter of Sir John Harrington, and widow of Sir Henry Sutton of Averham, co. Notts., represented with a lion's head, gorged with a belt, at her feet. Both the ladies wear high ruffs, but his children are not "pictured and graven" on the tomb. His will provides that, if his sons William and Nicholas' die without issue, the inheritance is to descend to his grandson Henry, who, if he be a minor, shall be educated by Cuthbert, Sir Nicholas' seventh son. In view of what I have said as to Sir Nicholas' religious opinions, it is worth notice that Cuthbert Fairfax and his daughter Mary were reported as recusants.

Sir Nicholas was succeeded by his eldest son, Sir William Fairfax, to whom we owe the beautiful "great chamber" at Gilling. Sir William was knighted at Berwick by the duke of Norfolk in 1560. His first wife, who died without issue, was Agnes, daughter of George, lord Darcy, the son of the Thomas, lord Darcy, who was executed in 1537. In 1558 George, lord Darcy, bequeathed to his daughter, Agnes Fairfax, 100 marks and his best wrought silk carpet, bordered with crimson velvet, which she made. The arms of Fairfax impaling Darcy, referring to this marriage, appear on George Darcy's tomb in the chancel of Brayton Church, near Selby." Sir William Fairfax was a widower when his father died in 1571, but he must have married again within the next two years. His second wife was Jane Stapleton, daughter and heiress of Brian Stapleton, of Burton Joyce, Notts., and his wife Alice, daughter of Francis Roos, of Laxton, Notts. Brian Stapleton was a younger son of Sir Brian Stapleton of Carlton by his second wife Joan, daughter of Thomas Basset of South Luffenham, Rutland." Brian died on the 27th August, 1567, and when his Ing. post mortem was taken, on the 4th December following, his

1 Nicholas Fairfax, of Gilling, gentleman (second son of Sir Nicholas Fairfax), made his will on the 24th June, 1582, "I do geve my soule to the Allmightie God by whose mercie I truste to be saved throughe the merittes of his sonne Jesus Christe, and my bodie to be buryed within the chauncell or churche of Gillinge." To Joan, my wife (dau. of William Hungate, of Saxton), £40. £30 to pay his debts and funeral expenses. To my beloved brother, Sir William Fairfax, knight, my bay colt; to lady Jane Fairfax, his wife, my gray mare. To Nicholas, my brother Cuthbert's son, £5; to Jane Fairfax, his daughter, £5. Residue to Joan, my wife, and she executrix. Brother Sir Wm. Fairfax, supervisor. Proved Sept. 18, 1582 (Reg. Test., vol. xxii., fo. 99).

2 Metcalfe's Book of Knights, p. 117. Sir William Fairfax was already married in May, 1537, when he must have been less than 20 years old.

4 Reg. Test., xv., ii. 291. "Item I gyve and bequeathe to Agnes Fayrfax my doughter one hundrethe markes to be paid in money and plate and my best wroughte silke carpett with the bordar of cremyson velvet whiche she maide." Will dated August 15, 1558. The date of probate, August 24, 1558, must be a mistake, as the inscription on his tomb states that he died on September 23, 1558. William Fairfax was appointed supervisor of this will.

5 North side of tomb, second shield from east.

6 Dugdale's Visitation of Yorkshire, J. W. Clay's ed., vol. i., p. 167.