Border Papers volume 1: January 1581

79. Statute for defence of the Border. [Jan. 23. 1580–81.]

"An act for the maintenaunce of horse and armour uppon the Borders of Scotland."

8 pp. Broad sheets. First draft of Act 23 Eliz., cap. ix. Revised throughout by Burghley. Passed 13 Feb. 1580–81.

80. A brief of the same. [Jan. 1580–1.]

"Articles whereuppon a bill maie be newlie drawen for the strengthning of the Borders towardes Scotland."

Four heads contain the "Surmises" of the bill, and fourteen the "Remedies"—with a long addition in Burghley's writing at the end.

7 pp. Fair draft. Indorsed.

81. Act for March Treasons. [1580–1.]

The preamble declares the necessity for clearing ambiguities in the unwritten laws of tradition, which vary in the several wardenries, and gives a list of 28 titles of March treasons, the first 4 of which shall render the offenders liable to death and forfeiture as murderers, exempting them from the benefit of her Majesty's general pardon, and that offenders in any of the 28 heades shall have no benefit of clergy.

2 pp. Fair official copy. Does not appear to have passed into an Act. See 1 Eliz. cap. vii.

82. Reasons against the bill for fortifying the Borders. [Jan. 1580–81.]

Divided under six heads, with the answers to each, partly in another hand. The chief objections were the danger of curtailing the power of the lords, in dealing with their tenants, thus rendering the former discontented, while the most part of the inferior sort there being bondmen, and by nature insolent through barbarous education, oppose all burdens laid upon them by their lords. Also the danger as proved of late years, in devising remedies, whereby multitudes may be encouraged to complain, thus fostering general revolt in the realm. At the end are some special causes of decay of horsemen on the Borders.

5 pp. Fair official copy. Not indorsed.

83. Commissioners for the Borders. [1580–81.]

Commissioners appointed for the survey of the forts and castles upon the Borders.

For the East Marches.—The Bushop of Duresme, the Lord Hunsdon, the Lord Ogle, Sir John Forster, Sir Fraunces Russell, Sir Henrie Gate, Sir William Hilton, Sir Thomas Graye, Sir Henrie Widderington, Sir John Selbye, Robert Bowes, Robert Dallavell, Thomas Layton, Thomas Caverley, Cuthberte Collingworthe, William Fenwyck, Cuthberte Carnabye, William Reave.

For the Middle Marches.—The Busshope of Duresme, the Lord Hunsdon, the Lord Ogle, Sir John Forster, Sir Fraunces Russell, Sir Henrie Gate, Sir William Hilton, Sir Thomas Graie, Sir Henrye Widdrington, Sir John Selbye, Roberte Bowes, Roberte Dallavell, Thomas Layton, Thomas Caverley, Cuthberte Collingwoode, William Fenwycke, Cuthberte Carnabye, William Reave.

For the West Marches.—The Busshop of Carlisle, the Lord Scrope, Sir Symond Musgrave, Sir Henrye Curwin, Christofor Dacre, Geordge Lamploughe, George Salfelde, William Musgrave, John Mydelton.

Henrie earle of Huntington, George earle of Cumberlande, Richard busshop of Durham, John busshop of Carlisle, Henrie lord of Hunsdon, Henrye lord Scrope.

Sir John Forster, Sir Fraunces Russell, Sir Henrye Gate, Sir Thomas Fairefax, Sir Christofor Shilliarde knightes.

The Deane of Yorcke,—the Deane of Durham.

Fraunces Rodes, Roberte Bowes, Fraunces Wortley, Raphe Rokebye, Henrye Cheke, Marten Byrckhede, Lawrence Meares, Raphe Hurteston, Humphrey Purfrey, Lawrence Blandston, William Bowes, Christofor Wandesforde, esquiers.

3 pp. Fair official copy in same hand as last. Not indorsed.

84. Extracts touching the Borders. [Jan. 1580–81.]

"Articles extracted out of the statute of xxiij^tie, for fortefieng of the Borders."

Eight in all—chiefly as to decay of houses of habitation since 27 Hen. 8, and their repair under penalty of 100 marks—insufficiency of horse, weapons, and armour, subdivision of holdings, personal residence of lessees, &c.

2 pp. Fair official copy. Indorsed by Burghley: "23 Elizabeth."

2. Another copy.

3 pp. A copy of later date. Indorsed.