Reivers - The Hot and Cold Trod Was Border Law

Legal Pursuit Often Followed the Raids of the Borderland Reiver

May 15, 2009 Thomas William Moss

Should a man have his cattle, sheep and household goods stolen by the Border Reivers, he could legally pursue the thieves either immediately or within six days.

The clansmen of the English\Scottish Border lands of the 14th to 17th centuries eked out a living from the unforgiving soil by the cultivation of a few crops and the nurture of a small number of cattle and sheep.

Their lives were hard-won, their toil relentless, yet they could lose all within hours should the Border Reivers target their homes or steadings and steal or 'reive' the product of their honest endeavour.

The Reiver's Reprisal

Following the raid, the clansmen would 'speire' or enquire of the people of the valley in which they lived for information on the raid ,if in the dark and heat of the moment of attack, they were unaware of their assailants pedigree. Having ascertained the names of the raiders, which in most cases they did, they would bide their time and wait for some opportune time to carry our a vicious reprisal. This was often their favoured recourse to the devastation inflicted upon them. Thus followed the many and interminable feuds which infested the Borderlands.

The Border Law - Hot Trod

However enshrined within the Border Law there were legal means of redress. These were known as the 'Hot Trod' and the 'Cold Trod'.

The 'Hot Trod' gave licence for immediate pursuit of the raiders and recovery of goods by force. It was, however, a dangerous business as no raiding party would lay themselves open to attack whilst herding a pack of the stolen slow moving beasts without some form of insurance. Invariably the reivers would leave ambush parties at strategic points on their journey home and any pursuer would be keenly aware of this.

Still the 'Hot Trod' was undertaken by many, inflamed and incensed as they were at the loss of their livelihoods. If they succeeded in coming upon the raiders without mishap they would endeavour to retrieve their beasts and goods with force should they have the numbers able to contest the party of thieves. The reivers were caught with the 'reid hand' or 'in the deed doinge'. Today we call this 'red-handed'. Many a skirmish or melee would ensue and if the raiding party came off worst and suffer death as a result, it was often the case that no-one in Border authority would raise even an eye-brow.

Hue and Cry

Should it be necessary to pursue the reivers into the opposite realm then it became necessary to inform the people there that lawful pursuit was afoot. This was achieved by carrying a lighted turf on a lance and informing the first person encountered in the opposite country that the 'Hot Trod' was on the move. In such situations the Trod was carried out with 'Hound and Horn' and 'Hue and Cry'.

The Border Law - Cold Trod

The 'Cold Trod' allowed pursuit within six days of the robbery but it was an ineffective means of pursuit. Within the day of the theft the stolen goods would be harboured with a 'recettor' or receiver, often many miles from the homeland of the thieves. Here they would stay until the heat had died down before being added to the larder of the miscreants or sold on, often into the opposite country.

The Hot and Cold Trod endeavoured to bring swift and legal remedy to a situation where a man might find himself bereft of the means of a living to feed a family. Often, however, following the Trod only added to the feud and unrest which pervaded the Border lands.

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