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HOwsoever in the stormes of o∣pen warre and hostilitie between us and the Scots, our most ancient e∣nemies, the subjects on either side have gone to wracke, and the Lawes have beene silent, while the Drum and Trumpet were heard to sound, yet in every calme, and upon everie truce, or peace taken and conclu∣ded, both Humanitie, Reason, and Custome have afforded mutuall, and reciprocall deliverie of Law, and Iustice to the one subject a∣gainst
the other: without the which, truce were not onely no truce at all, but the continuance of a daily, & most dangerous lying in wait, which would bring with it a greater evill and mischiefe, then warre it selfe.
And therfore to the end that the conditions of the peace agreed up∣on, might be inviolably observed for the time, and that, both restitu∣tion for harmes, and punishments upon harme doers, might be made, and executed with all indifferen∣cie: Certaine Courts have of long time beene maintained by the War∣dens, or Keepers of the Marches, and Limitative grounds, that doe bor∣der upon either of the said King∣domes, the which are open to all that will complaine of any Offence, tending to the violation of that Com∣mon peace of both the Nations.
And albeit that is very probable,
that the same begun with the first truce taken betweene us, and the Scots, (seeing that without it, or some such mean, the Articles of the truce could not well bee maintai∣ned): yet forasmuch as the bounds betweene us and the Scots, were not constant nor setled, but verie move∣able and uncertaine, (even as ei∣ther side did for the time winne, or lose upon the other,) untill that both the Townes of Carlile and Bar∣wick (being meetest to command at either end) were without change, re∣duced to our hands and possession.
I suppose, that these Courts were planted about the time of King Edw. 2. or the 3. and so taking root from thence by little and lit∣tle, to have growne to that stayed order and authoritie which now they doe enjoy. They on our part, be at this day in number 3. where∣of one hath sprung up since the
time of K. H. 6. who in a Statute (made in the 31. yeare of his reign, for redresse of Indictments taken there) reciteth onely the two courts of the East and West Marches, using no words at al of the Middle March, which is now of the like credit with them.
The same Statute also boundeth the Iurisdiction of these Courts, not to extend beyond the Shires of West∣merland, Cumberland, and Northum∣berland, and the Towne of Newcastle upon the River of Tyne.
What manner of proceeding they use, I do not throughly know, neither is it greatly pertinent to this present labour, and therefore leaving the search thereof to such as shall bee desirous to understand the same, I will proceede as I have begun.
Edmund Comes A∣rundel, fuit custos Mar∣chiae Scotiae 6. E. 2. pillis exitus.