button to main menu  Clarke's Survey of the Lakes, 1787

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Page 156:-
good; and some have encroached so far upon the tenants as to take the best article, as a clock or watch; a custom totally unjust and illegal, being little better than a species of theft.
  Lord Warden of the Marches
  border law

The lords who were under the Lord Warden of the Marches were excused serving the King, as appears by the Countess of Pembroke's memoirs: And amongst the records of writs, is a letter of request from Robert de Clifford, desiring the Barons of the Exchequer to excuse Sir William de Molecastre, Sir Thomas de Felton, Robert de Molecastre, and Richard de Molecastre, from appearing in the Court of Exchequer, according to their summons, by reason of their attendance upon him in aid and defence of the marches, dated 4th July, 27th Edward I.
The power of the Lord Wardens varied in different reigns, according to circumstances; but their commissions were almost unlimited, and they had power to act as the exigences of the situation required: The commission granted to Lord Scroope, who was made Warden of the Marches in the 5th of Queen Elizabeth, may serve to throw a light upon the whole. These accounts are chiefly taken from a manuscript book of one Richard Bell, warden-clerk to the said Lord Scroope, now in the Dean and Chapter's Library at Carlisle.
"ELIZABETH, by the grace of God, of England, France, and Ireland, Queen, Defender of the Faith, and so forth:- To all of whom these presents shall come, greeting. Know ye, that we, of our special grace, certain knowledge, and mere motion, fully trusting and having special confidence in the fidelity, valour, discretion, and provident circumspection of our trusty and well-beloved Henry Lord Scroope of Bolton, by the advice of our Council, have constituted and appointed, and by these presents doth constitute and appoint him, the said Lord Scroope, our Keeper, or Warden and Governor-General of the West Marches of our Kingdom of England against the parts of Scotland; and Captain of our city of Carlisle, and head-Steward of all our lordships, manors, lands, and tenements within the West Marches aforesaid; giving and granting to the said Lord Scroope full power and special commandment to do and execute all and every thing which therein doth appear to the office of Warden and Keeper aforesaid, as heretofore by authority, as well of the Lord Richard the II. late King of England, as also of Henry IV. Henry V. Henry VI. Edward IV. Richard III. Henry VII. Henry VIII. our most dearly beloved brother Edward VI. late King of England, and our dearest Sister Mary late Queen of England, in this behalf hath reasonably been used and accustomed to be done.
"And all and every thing, by whatsoever our lieges and subjects, as well our officers as others, against the form of whatsoever trewes between us, or our Keepers or Commissioners, lawfully authorized, and the Commissioners of Scotland also lawfully authorized, concluded or to be concluded according to the form of the same trewes, to correct, reform, and amend; and the offences in that behalf, according to their deservings, as well as by imprisonment of their bodies, as by distresses of their lands and tenements, goods and chattels, wheresoever they shall be found, as well as within liberties as without, to chastise and punish.
"And also to take cognizance of all plaints, pleas, and debates, as well as imprisonments, spoils, and reifs, as other whatsoever hostile acts, there moved or to be moved, and the same to hear and determine.
"And also to hold Warden Courts and Sessions in whatever places of the West Marches aforesaid, as well within liberties as without, to inquire of whatsoever persons offending against the form of the trewes or ordinances made or to be made by our Commissioners of the realm of Scotland, and them according to the quantity of their offence to correct, and as well in their goods as in their persons to punish, as to the said Lord Scroope, or his deputy in that behalf, for the preservation of the said trewes or ordinances, and the safety of our marches aforesaid shall seem expedient.
"And whatever sums of money, or other obligations, which for the breach of such trewes and ordinances any of the officers aforesaid shall incur, to levy, and by his deputies and ministers cause to be levied; and whatsoever persons who shall in the execution aforesaid be disobedient or refuse to obey, to chastise and punish, by all ways and means which to the said Lord Scroope shall seem expedient; or otherwise, if any persist in their disobedience, to certify to us and our Council, to the end we may provide and give indelayedly equal remedy.
"Also we have assigned the said Lord Scroope to inquire of all and every person and persons, who shall presume to take upon them any practices with our enemies, in prejudice of our realm, howsoever, or by whatsoever colour the same shall be done; and the same persons ac-
"cordingly
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