The
Scottish Marches is a term for the border country on both sides of
the border between Scotland and England. From the Norman conquest of
England until the reign of James VI of Scotland, who also became
James I of England, border clashes were common and the monarchs of
both countries relied on March Lords to defend the frontier areas
known as the Marches.
The border lands onThe border lands onThe border lands on each side divided
into three marches: an east, middle, and west march. Each march had
its own warden, who was responsible for the security of the area and
its people Each Warden answered to the Lord Warden. The Scottish
wardens were familiar with their territories, and knew the people
from the marches, and this gave them the opportunity to get involved
in questionable dealings in order to further their position.
However, the English wardens were not as familiar with the area and
the ways of the Borderers, and often went about creating more
problems than they solved when trying to administer any justice.
Berwick-upon-Tweed, a strategic town on the north bank of the
River Tweed, (the traditional border in the East March), is slightly
closer to Edinburgh than Newcastle. It was fought over many times
(between 1147 and 1482 the town changed hands between the two
nations more than 13 times), as late as the reign of Elizabeth I of
England, the English considered it worth spending a fortune on the
latest style of fortifications (trace italienne) to secure the town
against Scottish attack.
The Marches were also fertile ground
for many bandits and raiders who exploited the fluid nature of the
border for criminal activity. One of the most successful and
notorious was Geordie Bourne whose gang exploited the English East
Marches in the 1590s. Bourne was captured and executed in 1597
The Lord Warden of the Marches was an office in the governments
of Scotland and England. The holders were responsible for the
security of the border between the two nations, and often took part
in military action. The Marches on both side of the border were
traditionally split into West, Middle and East, each with their own
warden answerable to the Lord Warden. The offices became unnecessary
after the union of the crowns of England and Scotland under King
James in 1603.
Wardens from both sides of the border would
meet monthly in peace on the day of truce. They would assess the
complaints from either side, and administer the appropriate justice.
The Wardens had to bear in mind that both countries valued things
differently, and this created many difficulties when trying to solve
these grievances. Many of the crimes would range from cattle
rustling to murder.
To explain about how the Wardens of the
Marches worked; if for example you were English, and went north of
the border to Scotland and stole some cattle, it used to be quite
normal to get a a pat on the back back in England, because you had
committed a crime in the opposite realm. You would go unpunished.
The purpose of the Wardens was to prevent this from happening. The
Wardens were expected to talk to their foreign counterpart. So if
someone went across the border to steal something, then the warden
whose land was plundered would tell his counterpart, and the issue
would be resolved on the day of truce. The task of solving each
person’s grievance was a taxing and thankless task, which usually
provided solutions that left no-one happy.
Those who were
accused of a crime were supposedly tried by six honest Scotsmen and
six honest Englishmen. However it has been said that this could
never have happened because you would not have been able to find any
honest men from either side of the border. The Border Laws were
amended many times down to the Union of the Crowns in 1603 when they
were abolished by the new king of England, James Vl and lst. In the
sixteenth century there was more than one way to try a criminal at
the Day of Truce. Yes there was that of assize where six honest men
of each of the nations of England and Scotland (they did have a
sense of humour!) would try the felon brought to the Truce. But
there were others ways. The man on trial could be tried on the word
of the March Warden, where the Warden would swear to the guilt or
innocence. Then there was trial by Avower where some-one would stand
up and certify guilt or innocence. This was a brave man indeed given
the feud and bloodfeud that prevailed. I would suppose there were
few takers to this scenario. A fourth method was that of
compurgation where a group of men would pronounce guilt or
innocence. This method went back many centuries into religious law.
Again I suspect few takers.
The ‘Calendar of Border Papers’
has recorded a large number of complaints that were made to the
Wardens of the Marches. They go into some detail as how many of
these people were wronged by raiders both sides of the border. The
papers are still available to read to this day.
By 1603 the
role of Warden of the Marches became unnecessary, after the union of
the crowns when James VI & I, in his attempt to permanently put an
end to the Border Reiver clans, got rid of the name “Borders” to
represent that area, and renamed it the “Middle Shires”. Over the
following 100 years you saw a gradual change of the borderers
putting down the sword and picking up the plough.
It is
interesting to note that often, on the inauguration of a new March
Warden, he would wipe the slate clean and not be party to any crime
that had been committed before the commencement of his Wardenry. And
so it went on, justice even at a Day of Truce, was hard to come by.
 |
| This document is damaged and incomplete.]Letter from the
[2nd] Earl of Douglas and of Mar to the King of England,
complaining about the lack of an English warden of the East
March to do justice on those who have acted against the
truce, after the discharge of the Earl of Northumberland at
the feast of the Assumption last, and before Lord Neville
took up the post two days before the following Easter: so
that no justice can be done on malefactors during that
period. He asks the King to send his letters patent to Lord
Neville and the Earl of Northumberland, or to one of them,
to be at Lyliat Cross on 29 June next to do justice on these
people, so that the lords who will be present at the great
day shortly afterwards will not have to concern themselves
with it; and to write back let him know his will on this
matter.” 1383 |
Notable Wardens:
Archibald Douglas, 3rd Earl of Douglas In 1364 he was
appointed Warden of the Western March. This was an uneasy
appointment as the English held Annandale, which formed the
greater part of his new jurisdiction. In the following years he
carried out numerous raids against the English. In 1368 he was
appointed Lord Warden of the Marches and was successful in
ousting the English from Annandale completely by 1383.
Archibald Douglas, 4th Earl of Douglas resumed his duties as
Lord Warden of the Marches soon after his return to Scotland
from France, c1414. On the Border he had a free rein to defend
it and to keep the peace. However, it appears that Albany was
not prepared to pay for this, so Douglas recovered his costs
from customs fees on all trade goods entering the country.
William, 8th Earl of Douglas
was deprived of the office of Lieutenant-General of the Kingdom,
but King James, unwilling to come to an open rupture with his
too-powerful subject, appointed him Warden of the West and
Middle Marches
William Douglas, 2nd
Earl of Angus held the office of Warden of the Middle
Marches in 1433
Archibald Douglas, 6th Earl of Angus In March 1525 he was
appointed Lord Warden of the Marches, and suppressed the
disorder and anarchy on the border.
William Douglas of
Cluny in 1464, King James appointed him Warden Douglas of
the Eastern and Middle Marches, in succession to his brother the
4th Earl of Angus before 1475.
James Douglas (The Good) Warden of West March, 1314
Sir William, Knight of Liddesdale, Warden of Middle March,
1343Sir James Douglas
of Drumlanrig, who negotiated the division of the
Debateable Lands, was appointed
Warden of the West Marches from Annandale to Galloway on 31 August 1553.
The appointment was renewed on 23 October 1555. In 1568, as Warden, he
held briefly Hoddam Castle.
Further reading
Howard, Pease (1912). The lord wardens of
the marches of England and Scotland: being a brief history of the
marches, the laws of march, and the marchmen, together with some
account of the ancient feud between England and Scotland. London:
Constable.
pp. 194–201bsp;
I
am indebted to Sally Douglas who has compiled a history of the Douglases
and the Scottish Marches.
This can be downloaded as a pdf.
It is also available as a
Flip Book. (Updated 8th November 2011)
See also:
• The Debatable Lands
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