subject: Reivers - Border Line and Border Law [print this page] Reivers - Border Line and Border Law Reivers - Border Line and Border Law
The Border Laws, formulated in the mid 13th century, were unique in British history. They were put in place to control the clans and surnames (families) who inhabited the lands both north and south of the English Scottish Border.In their 350 years existence, from medieval to early modern times, the Border Laws would be amended many times in an effort to bring order and peace to the Border Lands. There were at least seven updates down the centuries in an endeavour to subdue or control the Border Reivers, the thieves whose unlawful way of life ran roughshod through the land and over all authority. In 1596, following the last amendment to the Border Law, murder was still a major problem, had burgeoned out of control. The Border Laws had never succeeded in eradicating this crime of all crimes.The Border Line is Determined.In 1249 twenty-four knights of England and a similar number from Scotland met at the Border Line to determine its course from East to West. In 1018 the Scots had invaded the Lothians as far south as Berwick-on-Tweed and defeated an English army at Carham; in 1092, William Rufus, son of the Conqueror, had forced the Scots out of Cumbria; the rivers of Tweed and Esk became the de facto Border and would lead to relentless confrontation between the inhabitants of both sides of these ivers. Henry 111 of England wished to know exactly where the Border Line was. Its definition might help to curb the unrest and violence.The Border Laws. Unique in British History.The Line of the Border was eventually determined, but not before violence had erupted between the Scots and English knights. The line of demarcation was easy to agree where a major river or hill, or even a little insignificant burn (stream) existed, harder to determine in areas of open land where little of significance could be seen as an obvious indication of delineation. The line was thus still a bone of contention following some reluctant agreements on both sides. The English, weary of the confrontation, determined its boundaries in those contentious areas where forceful argument had arisen. It was a decision that would ensure a permanent wrangle between the folk on both sides of the Border Line. Some ground was left abandoned for centuries as neither country dared to set plough or sow a crop.The knights set themselves to formulating a series of Laws to which the inhabitants on both sides of the Line must adhere if order, control and peace were to prevail. These Laws were specific to the Border Lands of England and Scotland as it was recognised that the ordinary laws of both lands were ineffectual in dealing with the kind of crime which was endemic in the Border lands. They became known as the Border Laws, Leges Marchiarum. They would serve for the law in the Border Lands for centuries.The Border Law is Formulated to Control the Reivers.The chief concern of the knights was 'wanton disregard and prejudice'. They recognised that the Border Line was being ignored by the people, known now as the Border Reivers (Robbers) who lived on both sides of the Line, and that this had led to ever increasing confrontation. Theft, maiming and even murder were often the result of the violent conflict between the people of the two nations. Anyone committing a crime in the opposite realm would never be brought to justice in his own. In his own country he would be lauded as the perpetrator of one more successful raid against the enemy. Thus was justice 'prejudiced'.The Day of Truce Becomes the Mainstay of the Border Law.The deliberations of the knights concluded that felons should be brought to 'knowledge of Marche'. For Marche read Border. Once captured they should be brought to the Border at or near a town, but as time and custom prevailed, to the very Border Line itself for trial and judgement of their crimes. The ordinary law of the land would not suffice. Albeit there were differences between Scottish and English law, it was unthinkable that an Englishman committing crime in Scotland, or in the opposite scenario a Scotsman in England, should be tried in either country. Justice in either case would be truly 'prejudiced'.At a time when the relationship between England and Scotland was at best one of uneasy peace and at worst all out war, to bring a felon to 'knowledge of marche' was a hazardous and dangerous undertaking. And so, eventually in the early 16th century, the 'Day of Truce' became the mainstay of the enactment of the Border Law.The Border Line is the Venue for Trial.The 'Day of Truce' was a day when English and Scots would meet across a river or burn (stream), or hill top which had become the Border Line. It was a Day when Truce between the two countries reigned and when felons would answer for their crimes. Those people who attended to ensure fair play were confident that they had 'safe conduct'. Up to 1583 it was not unusual for a thousand men from each side of the Border to attend these justice meetings. In that year numbers were limited to a hundred per side as a result of the violence which often erupted and was impossible to control because of the large number of men on both sides.The Assurance of the Truce is Part of Border Law.No one was likely to attend the Day of Truce without some confirmation that they would be safe in doing so. Feud was endemic between the Scottish Border clans and the English families to the south;often the origin of such a feud had been lost in time but still persisted. It was often a nervous meeting! Thus the 'Assurance' of the Truce came into being. The 'Assurance' laid down that all would be safe from sunrise of the 'Day of Truce' until sunrise of the day following the conclusion of the trials of the miscreants and felons, the Border Reivers, brought to the Truce for judgement. All present swore to uphold the 'Assurance' of the Truce before the trials commenced.Border Law does not subdue the Reivers.To reive is to thieve. The Border Reivers held sway in the Border Lands for many a century. The Border Laws would prove to be ineffectual against their nefarious activities for many reasons, not least the policies of the English and Scottish governments who often welcomed the unrest and upheaval which had taken the English Scottish Border by storm. Unrest in the buffer zone, the Border Lands, between the two countries was often the barrier to either countries expansion or dominance.The Border Reiver was essentially a farmer with little education; he understood little of Border Law and its various amendments. Nor was he enamoured by monarchs and authority that turned a blind eye to his wanton crime when it suited their interests yet endeavoured on other occasions when peace and amity between the two countries seemed imminent, to rule him with a heavy hand. The only thought that brought him solace in a violent time was the assurance that he was cared for and respected by his clan or family.Little wonder then that his allegiance to family superseded any respect for anyone outside his homeland; little wonder that the Border Law had little impact on his way of life.
