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

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Page 176:-
'what courses are therefore most meet to be taken for good order amongst them and their branches, as well for themselves, as the evil-doers under them.
'Lastly, How the resort of lowlands-men into the inland may best be restrained, seeing that under colour of their errands to gentlemen and others, many evil offices are effected by them in their passages *.
'THOMAS SCROOPE.'
The answer and opinions of the Gentlemen of Cumberland and Westmorland, made to the heads propounded and demanded by the Right Hon. Thomas Lord Scroope of Bolton, Lord Warden of the West Marches of England towards Scotland.
'To the first, - We think it very convenient, for reformation of offenders, that the Lord Warden, upon complaint made to him, do direct his warrant to the officer within whose office such offenders shall dwell and remain, to apprehend and bring before the Lord Warden the said offender; and where the offender dwelleth in such place wherein there is no known officer over them, that then the Lord Warden do direct his letters to the landlords of whose lands the offender dwells, that he the said landlord shall in like manner apprehend and bring the said offender before the said Lord Warden at the day limited in the said letter. And if any default be either in the said officer or landlord in the execution of the said letters, that then the said officer or landlord to be punished at the discretion of the said Lord Warden. And if the said offender make default of his appearance, either by flying from his officer or landlord, or any other contemptuous cause of himself, that then it may please the Lord Warden, of his authority, not only to restrain the said offender, or any to their use, from enjoying of the inhabitations, tenements and goods; but also if there be any that, after the said felony, do maintain and assist, or recett the said offenders, that his Lordship will accordingly write for the said offender to their officer or landlord, and minister punishment unto them according to their deserving,
'To the second, - As concerning keeping of watches, we all think that your Lordship hath very well and effectually considered the same, and do think it very meet that watches throughout the whole wardenry be continued; and for that the place of watching by many occasions is known to be more meet for some time in one place, some time in another, and one place to be stronger, and one place to be weaker, and not to continue always in one certainty; therefore, that it would please your Lordship to give charges to all justices and gentlemen to meet together at some places convenient, as well both for the one part of the wardenry as for the other, calling to them officers and some other discreet men to every quarter, to consider and set down, as time now serveth, where or in what place watches are most needful to be established, and to make a book thereof to be preferred to your Lordship; and that thereupon your Lordship will make your several commissioners to as many of the said gentlemen and others as your Lordship shall think convenient from time to time, some in one place, some in another, to see the said watches duly established and continued: And that if any default be certified unto your Lordship of any of the said watches, that your Lordship would see the same punished as the case shall require.
'To the third, - Concerning the executing of the statute of hue and cry, commonly called in this country, Following the Fray *, we all think it meet the same be duly put in execution: And if there be any that do fail in following of the same, or who wilfully will stop or resist any person so following, that such offender be called before your Lordship, and punished according to the offence, as heretofore has been accustomed by the Warden. And yet, nevertheless, those who are offended may seek further their redress therein, according to the statute or the common laws in that behalf provided.
'To the fourth; - We think that concerning marriages, commonly used between Scots and English borderers, whereof your Lordship has most wisely considered, that the same may breed great inconvenience and hurts to England: yet, nevertheless, we think it meet, before your Lordship shall establish any order thereagainst, that your Lordship do know her Majesty's pleasure, or Councils therein. And as concerning taking of bonds of them already married, we do think it fit that your Lordship not only call them, but all the rest of the principal headsmen of the Grames, Hetheringtons, Taylors, and other names, to enter bond unto your Lordship to be of good behaviour, and to be answerable for the appearance of all such as they take to be under them; and if they will not so do, then to commit them until such time as they be willing so to do.
'To the fifth; - We all think, that for all other persons, brought before your Lordship upon suspicion of felony, whether they belong to any gentleman, or any other, that they be safely kept and continued, until they be either justified of the said offence, or otherwise bailed by the due course of law.
'To the sixth; - As your Lordship hath considered that the Grames have no proper officer over them, as we ourselves do think, that so long as they have not one specially appointed over them, we take it that both your Lordship as Warden, and by express words of your Lordship's letters patent, standeth officer over them; and that they ought to be obedient to your Lord-
'ship;
* Hot trod.
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