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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-
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