March law (Anglo-Scottish border) (or Marcher law, or laws and customs of the marches) was a system of

customary international law Customary international law consists of international legal obligations arising from established or usual international practices, which are less formal customary expectations of behavior often unwritten as opposed to formal written treaties or c ...

dealing with cross-border dispute settlement, operating during the medieval and early-modern periods in the area of the Anglo-Scottish border or Anglo-Scottish marches. The word "march" is the

Old English Old English ( or , or ), or Anglo-Saxon, is the earliest recorded form of the English language, spoken in England and southern and eastern Scotland in the Early Middle Ages. It developed from the languages brought to Great Britain by Anglo-S ...

form of the

Old French Old French (, , ; ) was the language spoken in most of the northern half of France approximately between the late 8th Anglo-Welsh border and the Anglo-Irish marches had their own versions of "the Law of the Marches". They were "essentially a set of regulations for the prosecution of offences committed by the inhabitants of one country inside the territory of the other, and for the recovery of property stolen or lent across their common border". The laws were administered (from the late thirteenth-century onwards) by the Wardens of the Marches in times of war between England and Scotland, and by "conservators of the truce" in times of peace, although, given that periods of truce were invariably subject to Border Reivers">cross-border raiding, piracy and ransom-taking, the two roles were often amalgamated into that of "warden-conservator". The work of the courts was done at periodic gatherings of plaintiffs and defendants, along with the designated warden-conservators and the jurors ("recognitors") from both England and Scotland, at a pre-decided place either side of the border line on what were called "days of march" (or "days of truce"). Anglo-Scottish Marches v1

In England, March law ran side-by-side with English common law, often in an unclear way (and with the latter sometimes being subverted by the Wardens to their own ends). As well as common law, March Law had elements of Equity (legal concept), equity and military law in its make-up. March law was usually most in force during times of truce, as, during times of war with the Scots, the English Crown, claiming sovereignty over Scottish territory, would refuse to recognise a separate judicial entity in Scotland.

Background

From the

First War of Scottish Independence The First War of Scottish Independence was the first of a series of wars between Kingdom of England, England and Kingdom of Scotland, Scotland. It lasted from the English invasion of Scotland (1296), English invasion of Scotland in 1296 until ...

to 1603 and the

Union of the Crowns The Union of the Crowns (; ) was the accession of James VI of Scotland to the throne of the Kingdom of England as James I and the practical unification of some functions (such as overseas diplomacy) of the two separate realms under a single ...

, the borderlands of England and Scotland suffered from armed raids and open warfare. The warfare was driven by the attempts of the English crown to claim suzerainty over Scotland and the consequent resistance of the Scottish crown. In addition, the Scottish Crown would often support the French in the latter's wars with England (the "auld alliance"). The

raiding Raiding may refer to: * The present participle of the verb Raid (disambiguation), which itself has several meanings * Raid (military) * Raid (video games), a group of video game players who join forces * Raiding, Austria, a town in Austria * Party ...

was due to armed bands of local magnates, lairds or clan chiefs and their retainers (the

border reivers Border Reivers were Cattle raiding, raiders along the Anglo-Scottish border. They included both Scotland, Scottish and England, English people, and they raided the entire border country without regard to their victims' nationality.Hay, D. "E ...

) on both sides of the

Anglo-Scottish border The Anglo-Scottish border runs for between Marshall Meadows Bay on the east coast and the Solway Firth in the west, separating Scotland and England. The Firth of Forth was the border between the Picto- Gaelic Kingdom of Alba and the Angli ...

(including sometimes the Wardens' own men) crossing the border to take captives and/or animals and wreak damage on property. Because of the threat of war and/or raiding, it simply was not worth local people raising crops or animals with any expectation of keeping hold of them; the result was that clans on both sides of the border, especially in the more remote regions, became mobile or semipermanent residents, stealing others' crops and animals in order to feed themselves. The lack of effective Royal landholding in the region, plus the difficulties in getting to the remote regions concerned, meant that peacekeeping power was devolved to the great northern families who were themselves often in conflict with the Crown and with each other. Compensation paid to victims was defrayed out of the magnates' own pockets, so this meant that they had an interest in using raiding to claw back their expenses. The result was devastation for local people on either side of the border for three hundred years. Raids and retaliatory raiding took place regularly even during times of formal truce between the two countries. Access to justice for victims, especially as regards compensation, was virtually impossible via the normal legal methods. Felons simply crossed the border to escape capture and to evade the relevant legal system that would have applied to the local inhabitants. There was no compensation or restitution available either under existing law. Hence the need for an alternative – the March law.

Origins

The origins of March law are obscure and have been the subject of some dispute. The (first) codification of 1249 (when twelve knights, six each from England and Scotland, convened on the border to write down "the laws and customs of the march" at the instigation of

Henry III of England Henry III (1 October 1207 – 16 November 1272), also known as Henry of Winchester, was King of England, Lord of Ireland, and Duke of Aquitaine from 1216 until his death in 1272. The son of John, King of England, King John and Isabella of Ang ...

and

Alexander II of Scotland Alexander II ( Medieval Gaelic: '; Modern Gaelic: '; nicknamed "the Peaceful" by modern historians; 24 August 1198 – 6 July 1249) was King of Alba (Scotland) from 1214 until his death. He concluded the Treaty of York (1237) which defined t ...

, seems to refer to practices dating back some time. Some historians have suggested pre-Norman origins; others have said that there is a mixture of pre-Norman and post-Norman elements in the code. The 1249 text has articles concerning: the proclaiming of the alleged offence on both sides of the border; the use of pledges to ensure that the plaintiffs and defendants turned up at the day of march; the use of jurors from both kingdoms; the payment of compensation to victims (such as "manbote" as regards murder); the method of proof in contested disputes (usually judicial duel or "wager of battle", known as "handwarcelle"); and the guarantee of sanctuary to those who confessed. Eleven of the thirteen clauses were concerned with apprehending offenders; the types of offences were not listed, but were probably to do with acts against the person and property. The border disputes of the thirteenth century (before the setting-up of the Wardenial system) were usually settled, if the plaintiffs decided against using common law, by an enquiry made by the

sheriff A sheriff is a government official, with varying duties, existing in some countries with historical ties to England where the office originated. There is an analogous, although independently developed, office in Iceland, the , which is common ...

. The use of English common law or

Chancery Chancery may refer to: Offices and administration * Court of Chancery, the chief court of equity in England and Wales until 1873 ** Equity (law), also called chancery, the body of jurisprudence originating in the Court of Chancery ** Courts of e ...

writs was a competing system of justice in the borders.

Later developments

March law in the 14th century

With the coming to power of

Edward I of England Edward I (17/18 June 1239 – 7 July 1307), also known as Edward Longshanks and the Hammer of the Scots (Latin: Malleus Scotorum), was King of England from 1272 to 1307. Concurrently, he was Lord of Ireland, and from 1254 ...

and the almost continuous warfare due to the

Scottish Wars of Independence The Wars of Scottish Independence were a series of military campaigns fought between the Kingdom of Scotland and the Kingdom of England in the late 13th and 14th centuries. The First War (1296–1328) began with the English invasion of Scotla ...

, March law was effectively put into abeyance until the middle of the fourteenth-century. The beginning of the

in 1296 saw the establishment of the system of Wardens and Conservators mentioned above. At first, the judicial capacity of the Wardens was restricted to matters of military import (e.g. arresting those attempting to evade military service). However, the 1320s saw the Conservators, in times of peace, take on the judicial role that had previously belonged to the sheriffs. After 1346, when the marches region was divided into East and West marches, and when

Edward III of England Edward III (13 November 1312 – 21 June 1377), also known as Edward of Windsor before his accession, was King of England from January 1327 until his death in 1377. He is noted for his military success and for restoring royal authority after t ...

wanted to keep the peace on the Scottish border while he was involved in France, the Wardens were given the Conservators' judicial functions in addition to their own military ones. The Wardens' courts operated in tandem with common law ones, and were held in addition to those at the days of truce. Edward III made further attempts to involve the Crown with border law, and to regularise its machinery. He appointed

Thomas de Beauchamp, 11th Earl of Warwick Thomas de Beauchamp, 11th Earl of Warwick, KG (c. 14 February 131313 November 1369), sometimes styled as Lord Warwick, was an English nobleman and military commander during the Hundred Years' War. His reputation as a military leader was so f ...

to join the Wardens as their supervisor; the 1367 commission included the requirement to have a quorum (of two) on the judicial bench; days of march were agreed on in advance; felons were required to be presented by English and Scottish juries before being sent before the Warden and a mixed tribunal (assuming not yet proven guilty); the guilty had to make restitution within fifteen days (if they had no goods to hand over and no lord to vouch for them, they were set to ransom); sheriffs were told to assist the Wardens in capturing suspects who had taken flight; for the first time, lesser nobility were brought into the system as conservators. A Border Reiver - geograph

Richard II's reign saw a failed attempt by the English Crown to lessen the power of the northern magnates and to manipulate their hold on the Wardenships (the Wardens becoming paid officers by the end of the 1380s) and it also saw intensive cross-border raiding and destruction. However, the use of border law was strengthened, perhaps because the region fell more closely under the influence of the Wardens (particularly the Percys and Nevilles in England and the

Douglas Douglas may refer to: People * Douglas (given name) * Douglas (surname) Animals * Douglas (parrot), macaw that starred as the parrot ''Rosalinda'' in Pippi Longstocking * Douglas the camel, a camel in the Confederate Army in the American Civil ...

family in Scotland). For example, the problem of felons fleeing to the various

liberties Liberty is the state of being free within society from oppressive restrictions imposed by authority on one's way of life, behavior, or political views. The concept of liberty can vary depending on perspective and context. In the Constitutional ...

, where the King's writ did not run, was partially solved by making the lord of one of the largest of them (the Bishop of Durham who held the

Liberty of Durham Durham most commonly refers to: *Durham, England, a cathedral city in north east England **County Durham, a ceremonial county which includes Durham *Durham, North Carolina, a city in North Carolina, United States Durham may also refer to: Places ...

) Warden of the East March. Distraining ('poinding') was abolished in 1386 as being unworkable, and responsibility for compensation was given to the Wardens alone. The indenture relating to the truce of 1386 between the English and Scots clarified the types of offences against truces that would be subject to border law. These included: homicide, the carrying off of persons, ransom-taking, the taking of castles, fortresses and walled towns, armed and mounted raids, and cattle reiving (theft). In 1397, it was agreed that written bills of complaint would be submitted by plaintiffs before being forwarded to the conservators of both countries. By the end of the fourteenth century, it has been argued, March law "had achieved the status of a system of law, complete with a hallowed and proven tradition, a body of written record, and a legitimate purpose" and "both complemented and supplemented the working of English common law".

March law in the 15th century

However, the reigns of

Henry IV of England Henry IV ( – 20 March 1413), also known as Henry Bolingbroke, was King of England from 1399 to 1413. Henry was the son of John of Gaunt, Duke of Lancaster (a son of King Edward III), and Blanche of Lancaster. Henry was involved in the 1388 ...

and

Henry V of England Henry V (16 September 1386 – 31 August 1422), also called Henry of Monmouth, was King of England from 1413 until his death in 1422. Despite his relatively short reign, Henry's outstanding military successes in the Hundred Years' War against ...

saw the revival of Edward I's claim over Scotland, and March law went into abeyance once more. In addition, the revolts of the Percys against the Crown, as well as feuds amongst the border Wardens, meant that border law was not championed, despite the pleas made by

John of Lancaster, 1st Duke of Bedford John of Lancaster, Duke of Bedford (20 June 1389 – 14 September 1435) was a medieval English prince, general, and statesman who commanded England's armies in France during a critical phase of the Hundred Years' War. Bedford was the third son ...

to his father to reinstate the days of march. The borderers suffered much deprivation due to cross-border raiding and recourse to the common law failed to bring any restitution, even when the justices were present to hold the assizes. The reign of

Henry VI of England Henry VI (6 December 1421 – 21 May 1471) was King of England from 1422 to 1461 and 1470 to 1471, and English claims to the French throne, disputed King of France from 1422 to 1453. The only child of Henry V of England, Henry V, he succeeded ...

saw a revival in March law as the regime sought to ally itself with Scotland. The truce of 1424 between the two countries resurrected the border tribunals. It sought to ban all reprisals; when these took place the offenders had to seek negotiation before the Wardens. Seeking redress for cross-border felonies would from now on be done in the Wardenial courts (as opposed to being dealt with at the tribunals set up at the days of march). The indentures agreed in 1429, between the English commissioners sent as envoys to Scotland and the Scottish representatives, laid the foundation for fifteenth-century border law. The nature of the offences to be dealt with by border law was enumerated: "homicide,

mayhem Mayhem most commonly refers to: * Mayhem (crime), a type of crime Mayhem may also refer to: People * Monica Mayhem (born 1978), Australian pornographic actress * Jason "Mayhem" Miller, American mixed martial arts fighter * Mayhem Miller (dr ...

('manyheing'), assault, breach of safe conduct, theft of animals and chattels, the unlawful grazing and pasturing of animals and treason." Procedures were laid down; for example, amongst other provisions, suspects who had attacked people moving under safe conduct were to be handed over to the Wardens of the opposite realm for punishment; challenges made by defendants were to be submitted to a mixed English and Scottish jury; English jurors were to be nominated by the Scots and vice versa; a kind of extradition system was devised; days of march were to have clerks available to make written records of proceedings; goods stolen by raiders from the opposite side of the border but found on the victim's side were to be argued over at a future day of march. If the accused was found innocent, the person taken with the goods had to forfeit them and seek compensation for the loss at a day of march. A second indenture covered the method of dealing with losses due to piracy (as vexatious a problem as that of land-based theft). On land, it set up a mechanism of establishing 'proofs' using men versed in the law and local men of standing (from England and Scotland) as jurors who established the facts of cases before they were presented to the cross-border tribunals. The provisions in the 1429 indentures were the first real attempt to bring the Anglo-Scottish border into the ambit of international law, rather than relying on the ad hoc, intermittent activity of local magnates (the Warden-Conservators). Well Armed Raiders - geograph

In 1451, arrangements were made to bring March law closer to English practice in the courts of

Admiralty Admiralty most often refers to: *Admiralty, Hong Kong * Admiralty (United Kingdom), military department in command of the Royal Navy from 1707 to 1964 *The rank of admiral *Admiralty law Admiralty can also refer to: Buildings * Admiralty, Tra ...

and

Chivalry Chivalry, or the chivalric language, is an informal and varying code of conduct that developed in Europe between 1170 and 1220. It is associated with the medieval Christianity, Christian institution of knighthood, with knights being members of ...

, in that Scottish plaintiffs could now take their cases to the Chancellor of England if English wrongdoers failed to turn up at the border tribunals. Other provisions led to the closer supervision of the Warden-Conservators by their respective governments. The grip of families such as the Percys and Nevilles on the wardenships meant that the wardenial courts were busier than ever and competing with, and beating, the common law courts for business.

Edward IV of England Edward IV (28 April 1442 – 9 April 1483) was King of England from 4 March 1461 to 3 October 1470, then again from 11 April 1471 until his death in 1483. He was a central figure in the Wars of the Roses, a series of civil wars in England ...

took advantage of the Scots' reluctance to support Henry VI to maintain the relatively favourable conditions in which March law had been operating. The provisions concerning March law laid out in the truce documents of 1464 were not much more than a reiteration of those of 1457 that Henry VI and James II had signed. Border law worked even with the coming back into power (briefly) of Henry VI and the accession of

James III of Scotland James III (10 July 1451/May 1452 – 11 June 1488) was King of Scots from 1460 until his death at the Battle of Sauchieburn in 1488. He inherited the throne as a child following the death of his father, King James II, at the siege of Roxburg ...

. In 1473, new procedures for dealing with cross-border homicides were instituted, along with a limit on the number of retainers that could be invited to the days of march (which often ended in riotous behaviour, in part due to the sheer numbers of opposing armed bands). The war between England and Scotland of 1480–1484 put the border courts into abeyance once more, but Edward did not want them dismantled and his successor,

Richard III of England Richard III (2 October 1452 – 22 August 1485) was King of England from 26 June 1483 until his death in 1485. He was the last king of the Plantagenet dynasty and its cadet branch the House of York. His defeat and death at the Battle of Bosw ...

, despite his enmity towards the Scots, revived them. In 1484, Richard and James made an attempt (like many monarchs before them) to lessen the power of their 'over-mighty subjects' in the border lands by separating the wardenial work from that of the Conservators of the truce. The indenture signed between them made the Wardens strictly responsible for military operations, but the chasing down and prosecution of criminals in the borders remained in the hands of 'lesser' lords who had intimate knowledge of local affairs.

March law, 1485–1603

Despite the animosity between

Henry VII of England Henry VII (28 January 1457 – 21 April 1509), also known as Henry Tudor, was King of England and Lord of Ireland from his seizure of the crown on 22 August 1485 until his death in 1509. He was the first monarch of the House of Tudor. Henr ...

and

James IV of Scotland James IV (17 March 1473 – 9 September 1513) was List of Scottish monarchs, King of Scotland from 11 June 1488 until his death at the Battle of Flodden in 1513. He inherited the throne at the age of fifteen on the death of his father, James I ...

, as well as the reluctance of the borderers themselves to agree to any truce between the two countries, March law continued to be used during the late fifteenth century and early sixteenth century. The Treaty of Ayton of 1497 had provisions for border law and its administration, particularly concerning the apprehending and safe keeping of march-related suspects. The treaty of peace and marriage of 1502 had clauses related to how the Wardens or their deputies should notify their opposite march officials within ten days of the arrest of suspects and of the charges against the latter. Those charged with homicide were to be taken to a day of march, and if convicted by a mixed English and Scottish panel, were to be handed over to the appropriate Warden for punishment (the death penalty). Limited raids of reprisals were allowed, both on land and at sea. The Crowns were to supervise the days of march rigorously and local men and civil lawyers would be appointed as conservators. On the English side, Henry continued the practice of Richard III who had been awarded the wardenship of the West march when Duke of Gloucester, and, on becoming King, had retained the title of Warden, appointing a lieutenant or deputy-warden to do the work. From now on, Wardenships were to be held by royal princes and the lieutenants were to be drawn from the ranks of the lesser gentry (such as the Dacres). Done to save expense, as well as to reduce the power of the great northern magnates, this act saw the beginning of the end of the wardenship as it had been previously and the rise of the

Council of the North The Council of the North was an administrative body first set up in 1484 by King Richard III of England, to improve access to conciliar justice in Northern England. This built upon steps by King Edward IV of England in delegating authority in th ...

to prominence cemented this development. March law continued under Henry's Tudor successors, only being abolished when the

took place and

James VI of Scotland and I of England James VI and I (James Charles Stuart; 19 June 1566 – 27 March 1625) was King of Scotland as James VI from 24 July 1567 and King of England and Ireland as James I from the union of the Scottish and English crowns on 24 March 1603 until ...

dealt a final blow to the

Border reivers Border Reivers were Cattle raiding, raiders along the Anglo-Scottish border. They included both Scotland, Scottish and England, English people, and they raided the entire border country without regard to their victims' nationality.Hay, D. "E ...

. The Bishop of Carlisle,

William Nicolson William Nicolson (1655–1727) was an English churchman, linguist and antiquarian. As a bishop he played a significant part in the House of Lords during the reign of Queen Anne, and left a diary that is an important source for the politics of ...

, in his 1705 compilation of treaties called that dealt with border law, included those of 1533 ( Henri VIII); 1549 (

Edward VI Edward VI (12 October 1537 – 6 July 1553) was King of England and King of Ireland, Ireland from 28 January 1547 until his death in 1553. He was crowned on 20 February 1547 at the age of nine. The only surviving son of Henry VIII by his thi ...

); 1553 (

Mary I Mary I (18 February 1516 – 17 November 1558), also known as Mary Tudor, was Queen of England and Ireland from July 1553 and Queen of Spain as the wife of King Philip II from January 1556 until her death in 1558. She made vigorous a ...

); 1563 and 1596 (both of

Elizabeth I Elizabeth I (7 September 153324 March 1603) was List of English monarchs, Queen of England and List of Irish monarchs, Ireland from 17 November 1558 until her death in 1603. She was the last and longest reigning monarch of the House of Tudo ...

). Examples of the administration of March law during the sixteenth-century are given by Fraser.

March law and English common law

March law persisted in use on the Anglo-Scottish border, often against the wishes of English monarchs, (Edward I, for example, attempted to abolish it in favour of a uniform common law system), for several reasons. Firstly, although there was a northern

assize The assizes (), or courts of assize, were periodic courts held around England and Wales until 1972, when together with the quarter sessions they were abolished by the Courts Act 1971 and replaced by a single permanent Crown Court. The assizes ex ...

circuit in operation in mediaeval times, "as the kings of England quickly learned after 1237, the substantive and procedural rules of the common law were ill-equipped to cope with the problems attendant on the establishment of an artificial political boundary." In particular, it was impossible to use the common law procedures to obtain redress and reparation from those who gave allegiance to another country. In addition, the constant warfare or threat of warfare, as well as the threat of armed raiders, meant that justices were reluctant to travel north to carry out their duties. Additional factors for the longevity of a separate border law include: the possible existence of a discrete "borderland" province, where allegiances were not so much to the distant centres of government but were more local in nature (Strathclyde British, Norse, Angles, Scots, Anglo-Saxon and Normans had all contributed to the border area's mix of peoples); the fluidity of the border itself; the lack of royal landholding in the borders leading to a reliance on local magnates, such as the Percies and Douglases, who were given quasi-judicial power as Warden-Conservators and who filled a judicial vacuum in the area. Despite these factors, however, March law was seen by the monarchs of the two countries as being supplemental to their respective domestic law, and not as a substitute for the latter. In England, the common law still operated alongside March law during the whole period.

March law and Scots law

Neville makes a case for Scottish legal practice (or Scottish custom at least) having more of an influence on the development of March law than English common law, claiming March law to be "a system of law that drew heavily, if not primarily, on Scottish legal practices". For example, the use of "hand and horne" (also known as "hot and cold trod" from the fifteenth century on) in the pursuit of stolen goods, which was similar to the English

hue and cry In common law, a hue and cry is a process by which bystanders are summoned to assist in the apprehension of a criminal who has been witnessed in the act of committing a crime. History By the Statute of Winchester of 1285, 13 Edw. 1. St. 2. c. ...

but permitting the crossing of borders, was a Scottish custom. Similarly, trial by combat remained a feature of Scottish, and border, practice when its use was declining in England, and the use of mixed (English and Scottish) juries "approximated Scottish legal practice more closely than they did those of English juries". The use of pledges and sureties ("inborch" and "utborch"), reparation by a convicted person ("assythment"), and the use of

distraint Distraint or distress is "the seizure of someone’s property in order to obtain payment of rent or other money owed", especially in common law countries. Distraint is the act or process "whereby a person (the ''distrainor''), traditionally eve ...

, known as "poinding" in the borders, were all Scottish features.

Days of march: practicalities

The indentures to the truce of 1398 stipulate that days of march (also known as "days of truce") should be held monthly. However, this was never adhered to, for a number of reasons: the hostility of the new Lancastrian regime put border law into abeyance soon after the indenture was signed, and the increase of violence amongst the border magnates (particularly between the Percy and Douglas families) disrupted the workings of the law. In later times, it may simply have been that mutual dislike between the opposing Wardens, or political tactics, was enough to cause extensive delays. In terms of the places designated for the days of truce, most seem to have been, by the sixteenth century, on the Scottish side of the border line. However, prior to that century, various favourite places were used and included Hadden Stank, Redden Burn, and

Lochmaben Lochmaben () is a small town and civil parish in Scotland, and site of a castle. It lies west of Lockerbie, in Dumfries and Galloway. By the 12th century the Bruce family had become the local landowners and, in the 14th century, Edward I of Engl ...

in the Scottish West marches (plus Gretna,

Dumfries Dumfries ( ; ; from ) is a market town and former royal burgh in Dumfries and Galloway, Scotland, near the mouth of the River Nith on the Solway Firth, from the Anglo-Scottish border. Dumfries is the county town of the Counties of Scotland, ...

and Lilliot Cross occasionally). In the Scottish middle march, Cocklaw near

Roxburgh Roxburgh () is a civil parish and formerly a royal burgh, in the historic county of Roxburghshire in the Scottish Borders, Scotland. It was an important trading burgh in High Medieval to early modern Scotland. In the Middle Ages it had at lea ...

and Redeswire (

Carter Bar __NOTOC__ Carter Bar is a pass in the Cheviot Hills, on the Anglo-Scottish border. It lies north-east of Carter Fell at the head of Redesdale, and is crossed by the A68 road as it runs north towards Jedburgh and Teviotdale. The name "Carter B ...

) were used. In the English West march, the Sands (in

Carlisle Carlisle ( , ; from ) is a city in the Cumberland district of Cumbria, England. Carlisle's early history is marked by the establishment of a settlement called Luguvalium to serve forts along Hadrian's Wall in Roman Britain. Due to its pro ...

), Rockcliffe and

Kershopefoot Kershopefoot is a small hamlet in Cumbria, England, traditionally in Cumberland. It is located very close to the Scotland-England border and is near the Kershope Burn and the Liddel Water. Kershopefoot is most well known for its lodge house ...

were used and in the East,

Norham Norham ( ) is a village and civil parish in Northumberland, England, south-west of Berwick on the south side of the River Tweed where it is the border with Scotland. History Its ancient name was Ubbanford. Ecgred of Lindisfarne (d.845) replac ...

Coldstream Coldstream () is a town and civil parishes in Scotland, civil parish in the Scottish Borders area of Scotland. A former burgh, Coldstream was where the Coldstream Guards, a regiment in the British Army, originated. Description Coldstream li ...

Wark Wark or WARK may refer to: * Wark (surname), including a list of people with the surname *Wark (river), a river in Luxembourg * WARK (AM), talk radio station in Hagerstown, Maryland * Wark on Tweed, a village in Carham parish, in the north of Eng ...

Ebchester Ebchester is a village in County Durham (district), County Durham, England. It is situated to the north of Consett and Shotley Bridge. It also sits to the south east of Whittonstall and the hamlet (place), hamlet of Newlands, Northumberland ...

and

Berwick-upon-Tweed Berwick-upon-Tweed (), sometimes known as Berwick-on-Tweed or simply Berwick, is a town and civil parish in Northumberland, England, south of the Anglo-Scottish border, and the northernmost town in England. The 2011 United Kingdom census recor ...

were mentioned in the records. The Lochmaben Stone - geograph

Once the place and date had been arranged, and the elaborate precautions taken at the coming together of the two sides, the bills of complaint against those of the opposite nation were presented to the Warden of one's own March. These were then passed on to the Warden of the opposite March and the accused were summoned and those to face punishment were presented. Bills were 'fouled' (a guilty verdict given), 'cleared' (an innocent verdict), or 'fouled conditionally' (an assumption of guilt because the accused had failed to turn up). The truce period was supposed to last until the sunrise of the day following the end of the day, or days, of truce, although occasionally this did not happen (as with the taking by the English of

Kinmont Willie "Kinmont Willie" or "Kinmount Willie" is a ballad from the English-Scottish border country, catalogued as Child ballad 186 (Roud 4013). It recounts the rescue of William Armstrong of Kinmont from an English prison. It is one of several border ba ...

at the breaking up of a truce day at Kershopefoot in 1596).

Purpose and effectiveness

Purpose

Ostensibly, March law was used as a dispute settlement procedure. However, the days of march and the use of March law also had a political and diplomatic dimension. At a time when raiding across the border and fighting between armed bands threatened to escalate into open warfare between the two countries, the use of days of march and March law was useful in defusing the situation. In negotiations between the two countries, truce-time infringements were discussed in an effort to smooth the rocky diplomatic road. This linking of national and local concerns at "great days of march" (when ambassadors might be present as well as the Warden-Conservators) was a deliberate ploy from Edward III's time onwards. In addition, the irregular contact between the Wardens of both sides helped to maintain a "back channel" between the two Crowns. March law did not stop raiding across the border between England and Scotland, but it did offer a safety valve that prevented such raids from breaking out into open warfare between the two countries. It was most effective when there was a truce between the realms and least effective during times of war. It was the only mechanism available that offered any chance of compensation for losses and the apprehending of cross-border fugitives.

Effectiveness

The effectiveness of March law depended heavily on the energy and probity of the Warden-Conservators and their deputies (many of both of which were in league with the reivers). An example of the continual problem (almost the continual impossibility) of enforcing the law is given in the preamble to the 1563 indenture, which bemoans the "negligence of some officers, and lack of due execution of the laws and orders of the said marches of both the realms". Frustration and vendettas sometimes led to lynch law, outside the ambit of March law, an example being King James V's order to hang

Johnnie Armstrong Johnnie Armstrong depicted in a 19th-century painting at the Newcastle_upon_Tyne.html" ;"title="Laing Art Gallery in Newcastle upon Tyne">Laing Art Gallery in Newcastle upon Tyne. ''Johnnie Armstrong'' or ''Johnie Armstrong'' was a Scottish rai ...

and his followers without trial in 1530. John Armstrong memorial - geograph

Although Neville lays emphasis on the mixed jury of English and Scottish, Fraser shows how, in the sixteenth-century at least, bills of complaint brought to the days of march could also be settled by the process of 'avower' (an 'avower' being a "countryman of the accused's, acceptable as a referee to both plaintiff and defendant, who would swear to the truth of the case"). The third method of determining the result was by the Warden's oath (where the Warden declared, on his honour, that the case was a valid one) All three methods were open to abuse: the avower might be in a feud with someone and not impartial; an accused could be quit of the charge merely by means of an oath of innocence; witnesses or the defendants sometimes simply did not turn up to the day of march (despite penalties for not doing so); the Wardens tried to maintain a balance of reparations between Scots and English, and this meant that lesser cases did not get heard; intimidation by the reivers' armed members present at the day of march must have been another factor. It is difficult to know just how many bills of complaint were put forward to the Wardens as a proportion of the actual victims of raiding. An alternative was to instigate a "hot trod" (within six days of the offence taking place, otherwise it became a "cold trod"). This was a lawful posse of men who had the right under the trod rules to recover stolen property and to even cross the border in doing so. The trod was fraught with danger as those taking part were sometimes ambushed by the ones being pursued and the opportunities for double dealing were large. A third alternative, to execute a reprisal raid on the original raiders, was equally dangerous. It may be, therefore, that those who used March law and the days of march were those who did not have sufficient allies and family members to carry out a trod or reprisal. An indication, perhaps, of the ineffectiveness of March law was the addition of judicial powers during the sixteenth century, when conditions seemed to have deteriorated markedly across the Marches. There were three types of ways in which judicial action was removed from the ambit of March law: armed judicial expeditions sanctioned by the monarch (usually the Scottish one), Warden-led reprisals officially sanctioned and carried out across the borderline ('Warden rodes'), and, thirdly, encouraging (or not discouraging) reivers to undertake their own reprisals (this was illegal in terms of March law, of course). Given the kinship ties between the border 'clans' (across the border line as well as either side of it), which meant that the Wardens could often not trust their officers to carry out their orders; given the threats to potential witnesses; the use of

blackmail Blackmail is a criminal act of coercion using a threat. As a criminal offense, blackmail is defined in various ways in common law jurisdictions. In the United States, blackmail is generally defined as a crime of information, involving a thr ...

(a word first heard of in the borderlands of England and Scotland); and given the collusion of some of the local magnates, lairds and Wardens, it is not surprising that March law "could and did sometimes work surprisingly well, but it was at best a finger in the dyke." It was also Fraser's view that the Anglo-Scottish Border laws "were self-defeating; they were in themselves a recognition of abnormality, and at worst they even encouraged it."Fraser, 1971, p. 17

References

External links

* {{cite book, last=Nicolson, first=William, authorlink=William Nicolson, title=Leges Marchiarum or Border-Laws, url=https://books.google.com/books?id=Y4E1AQAAMAAJ, year=1747, publisher=Hamilton and Balfour International law Anglo-Scottish border Medieval Scots law Medieval English law Early modern history of Scotland Early modern history of England