Reivers - Law on the Scottish English Border

The Marches of Scotland and England before the Union of the Crowns

Oct 23, 2008 Thomas William Moss

The Border Marches were specific areas of government on both sides of the Scottish\English Borderline. March Wardens strove to dole out the Border Law.

The Responsibilities of the March Wardens

The March Wardens attempted to work within the framework of the Border Laws which were common to West, Middle and East Marches of both England and Scotland. The Border Laws were not a substitute for the existing laws of the two countries but rather an addition to them. They were established to control those crimes which were distinctive to the Border lands on each side of the Line. Even today such a situation would be viewed as novel. To unite two countries in law where the people in each had many similiarities might appear both logical and laudable, but the notion was doomed to failure from the outset. The clans on each side of the Borderline might have had much in common but they belonged to different nations each with its own identity and national pride. They resented the notion that they could be treated as one.

The Border Marches at Work

As administrative districts bent on control of the Border clans, the Marches seemed to be an admirable solution. Each had a distinct geographical status and provided clear cut lines within which the March Wardens would operate. However, as in the manner in which the countries of Europe were carved up following the two world wars, the Border Marches as laid down paid little heed to the wants, needs or desires of the clans they sought to control. Tradition, culture and existing relationships were passed over in the quest for order and organisation.

Deadly Feud in the Border Marches

Both across and along the Border Line the clans were often at each other’s throats. Murder, theft, blackmail and destruction of livelihood were endemic. The Border people swore allegiance only to the clan within which they were born and lived, and cared not one whit about anyone else, even neighbours in the next valley. Feuds were the canker which infested the Border lands from end to end. Often they would last for many generations. Even ‘blood feud’, where animosity existed between different sects of the same clan, was not unknown. Into this maelstrom strode the March Warden.

The March Wardens’ Burden

It was the unenviable responsibility of the March Wardens to work hand in hand with their counterparts in each of the Marches, be they English or Scottish, be the two countries at war or peace! It was the March Warden's role to defend the March in time of war and thus provide a buffer against the rampage of opposing armies. Not easy when the clans within the Warden’s remit might have a particular and long-lasting aversion for each other. To control the clans within his March in time of peace was an equally burdensome requirement, often bordering on the realms of nightmare. The problems that beset the Warden’s control were many and feud or ‘feede’ was a word which must have tormented his every waking hour and disturbed his sleep.

The Temptations that Beset the Wardens of the MarchesThe Border clans were often beyond control and the March Wardens were left to their own devices by monarchy and government to provide a solution to the strife. It could be a lonely post in a hostile place. The temptation was to join the Border Reivers in their nefarious practice, to curry favour with the strongest. Many a March Warden did and ‘looked through his fingers’ at the lucrative raids which, given his blessing, albeit surreptitiously, added to the meagre stipend which a parsimonious government provided. All could be rotten in the Border Lands of Scotland and England.

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

The Cheviot Hills from the Reidswire