Reivers - Law on the English Scottish Border
The 'Day of Truce' Brought Criminals to Trial
Nov 3, 2008
TheWardens of the Border Marches had the unenviable and onerous task of seeking out the criminals who were wanted for the theft and murder committed on each side of the Border Line. Thus an Englishman or Scot who had broken the Border Law in the opposite country and then fled back to his own was to be brought to the Border for trial. Knowing the name of the miscreant was one thing, apprehending him, another.
Criminals brought to the ‘Day of Truce’
The ‘Day of Truce’ was to be held between Wardens of the opposite Marches at least once a month. Thus the English West March Warden was to meet with his counterpart of the Scottish West March on a regular basis. The same held true for the Middle and East Marches. The Wardens were charged with bringing to the ‘Truce’ the men who were wanted for crime committed since their last meeting or carried over because the criminals had not been caught.
‘Day of Truce’ to be Held before the Gentry from both Sides of the Border Line
The date and venue of the‘Day of Truce’ was advertised by the sound of a horn at the market cross of all the villages within the Warden’s remit. Those persons asked to attend to witness the trials were informed. They were usually ‘gentlemen or people of standing’ within the relevant communities. Prior to 1583 any number of people could be called to attend, but by that year, because the proceedings often got out of hand, those called to oversee fair play in the trials were limited to one hundred per side.
‘Bills of Complaint’ to be Advertised to the March Wardens
Prior to the ‘Day’ each March Warden would compile a ‘bill of complaint’ which listed the clan members of the opposite nation who had committed some crime within his Wardenry and send it to his counterpart on the other side of the Line. In turn he would receive a similar ‘bill’ of those who should be brought from his jurisdiction to the Border Line for trial. This, in itself, could be a hapless, frustrating undertaking, as it was not always possible to seek out the fugitive, sheltered as he was by clans who condoned his crime or had no truck with the Law.
The March Wardens would Review the Bills brought to the ‘Day of Truce’
On arrival at the venue of the ‘Day of Truce’ to be held, after the swearing of 'Assurance' that all would have safe conduct during the ‘Truce’, the two Wardens would dismount their horses and move away from the throng of witnesses from both sides of the Border Line to discuss the trials which were to follow. Their meeting could have serious outcomes for the men who waited with baited breath for the upshot of their discussion. Argument and confrontation were not unknown at this crucial stage in the proceedings. On occasion the formalities of the 'Truce' and its 'Assurance' were easily forgotten and violence erupted.
The Distrust that often Existed at the ‘Day of Truce’
Often the Wardens had an intense dislike for each other, previous meetings between the two being fraught with grievance and suspicion that either one or the other was not acting in an honourable way. Wardens who mistrusted each other would see the absence of any criminal as a sign that personal motive prevailed for not bringing the felon to the ‘Truce’. Perhaps that Warden benefited from the crime that the absentee had committed or feared reprisal at a later date against the inhabitants of his March.
A Reason why the ‘Day of Truce’ was Distrusted by the Border Clans
The ‘Day of Truce’ was a time when the relationships between the two countries of England and Scotland could suffer as a result of the hatred and animosity which was often generated at the meeting. It was well-known among the Border Clans that the March Wardens often had a vested interest in shielding the perpetrators of crime from their destiny with justice. As such the absence of such criminals from the 'Day of Truce' was viewed with suspicion even though the Warden might swear on his honour that a genuine attempt had been made to apprehend them. The outcome was just one more reason why Border Law was perceived as corrupt and meaningless to the people on both sides of a Border in constant turmoil.
 |
 |
