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'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-
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