Reivers - Law on the Anglo Scots Border Marches

Trial of the Reivers in the Frontier Lands of Scotland and England

Oct 29, 2008 Thomas William Moss

There was more than one way to put on trial the Reivers of the Scottish\English Border brought to the Border Line to answer for their crimes. All were subject to abuse.

The Border Reivers, once apprehended, were brought to the Border Line of the two countries of England and Scotland for trial. By the late 16th century there were four methods by which they could be tried. None was without its pitfalls; the outcomes, which ever method was employed, only adding to the unrest and animosity already rife in the relationships of the Border clans.

The 'Day of Truce'

The Reivers were brought to trial at the 'Day of Truce', a time when all who attended to witness fair play in the trials were guaranteed immunity from harm. This was clearly a pre-requisite of the proceedings given the deadly feud which existed amongst many of the clans who were called to the 'Day'. All who attended were armed to the teeth.It was a fool who thought that the result of the trials would be accepted by all present. There had been many notable occasions, well remembered or past down from fathers and forefathers, when the verdicts of the court had led to a bloodbath and only added to the conflict which already existed among the clans.

Border Law-Trial by InquestThis consisted of a jury of twelve men, six English chosen by the Scottish Warden and six Scots by the English warden. Whilst the Wardens endeavoured to choose men who were 'good' and 'true', no murderer, traitor or fugitive from theBorder Law being allowed to sit in judgement, the choice was often flawed as no-one chosen was ever completely above the law. The findings were, as a result, often biased and the judgement nothing more than a travesty which would lead to a reckoning between the clans who were witness to the proceedings.

Border Law-Trial on the Word of the WardenAs the 16th century progressed it was recognised that a whole backlog of crime went unheard in the Border lands. To expedite matters guilt or innocence might stand on the word of the Warden. He would declare on his honour and his own knowledge of a subject of his March if the complaint were true. It was not unknown for a Warden to 'tweak' the truth in such matters. His influence and decisions only adding to further unrest.

Border Law-Trial on the Word of an AvowerA third means was where the accused sought to prove his innocence on the word of a man who would swear that he had not committed the crime. If the man on trial was a Scotsman, the Scottish jurors would not always accept the evidence of the Englishman who brought the case unless the latter could bring a Scotsman to the court who would avow that the complaint was true. The same approach often held if an Englishman was on trial. Again this could prove to be a foolhardy proposition. The clans were often terrified to avow for anyone because of the slaughter that sometimes followed.

Border Law-Trial by Compurgation

By this method the person on trial sought to prove his good character by swearing an oath of his innocence and asking for six men to whom he was well known to state that they believed his oath. This had been a defence of the accused for centuries but little used by the time of the Reivers. They were brave men or assured of their power who would agree to speak out for any reiver on such terms. They would certainly become marked men of the enemies of whosoever was on trial should they stand as a defence.

None of the methods used to try the felons brought to the Borderline to answer for their crimes was satisfactory or effective. Feud, Deadly Feud and Blood Feud were a canker which ensured that whichever method was chosen there would be a price to pay by anyone who sat in judgement of the Reivers.

Sources.

'The Steel Bonnets' by George Macdonald Fraser.

'The Lord Wardens of the Marches of England and Scotland' by Howard Pease.

'The Border Reivers' by Godfrey Watson.

'Border Raids and Reivers' by Robert Borland, Minister of Yarrow.

The copyright of the article Reivers - Law on the Anglo Scots Border Marches in UK/Irish History is owned by Thomas William Moss. Permission to republish Reivers - Law on the Anglo Scots Border Marches in print or online must be granted by the author in writing.