Comments on: The Wardens of the Marches

By: Shawn McCalla Graham

Shawn McCalla Graham — Fri, 20 Apr 2012 11:17:22 +0000

Nice article Donald(-:

By: tom moss

tom moss — Sat, 14 Nov 2009 00:10:49 +0000

Hello everyone.

Would you please note that my website has changed from http://www.rosecottagepublications.com to http://www.reivershistory.co.uk

Thanks and regards,

Tom.

By: Tom Moss

Tom Moss — Wed, 21 Oct 2009 19:23:04 +0000

A good book to read about the Wardens is ‘Lord Wardens of the Marches’ by Howard Pease. Pease lived at Otterburn Tower in Northumberland. It is now a hotel.

In the book he cites the original Border Laws of 1249 and goes on to list the various amendments that were made to them down to 1596.

He also describes the form of a ‘Day of Truce’ as well as the custom which accompanied the Border Law down the centuries.

It is still possible to get this book. A trawl of antiquarian booksellers on the internet usually turns it up.

Howard Pease was an academic but this book is both readable and enjoyable.

Another book on Border Law is ‘Leges Marchiarum’ by Bishop Nicolson of Carlisle. Written in the 18th century, much of it is in Latin. The latter part, I think, is in English.

If anybody knows where to get a relatively cheap copy of this book, I would be very interested.

By: tom moss

tom moss — Tue, 29 Sep 2009 23:09:27 +0000

Good article.

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.

It is interesting to note that often, on the inaugeration 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.

And the crime rolled on!