Border Laws 3

The March Wardens

Each March was to be policed by an official, appointed by the government, to be known as a March Warden. The Warden was empowered to employ subordinate officials, Deputy Wardens, Captains, Keepers, Land Sergeants and Bailiffs, to help him enforce the laws - nowadays he might be seen as the chief of a para-military police force - with the added job of judge and jury thrown in. In addition to this he was expected to form the first line of defence on invasion of his country, in a "strategic" sense as well as countering the "tactical" invasions of Reiver raids. He had the power to muster all able-bodied men, between the ages of 16 and 60, suitably armed and/or mounted. This power of muster can be seen to great effect when, in 1542, the Warden of the English West March, Sir Thomas Wharton's, hastily-levied force of 3 000 defeated a Scottish army of 18 000 as they crossed into England, at the Battle of Solway Moss.

Very strict rules, enforced by the Warden, were laid on those he had "called up". The military regulations below, were drawn up by William, Earl of Douglas, for the Scottish Marches; and, with the necessary alterations, were adopted by the English - thus indicating that they were thoroughly in harmony with the military spirit of the age on both sides of the Border.

1. All intercourse with the enemy was prohibited

2. Anyone leaving the company during the time of the expedition was liable to be punished as              a traitor

3. It was appointed that all should alight and fight on foot, except those commanded by the                general to act as cavalry

4. No man was to disturb those appointed to array the host.

5. If a soldier followed a chase on a horse belonging to his comrade, the owner of the horse       enjoyed half the booty, and if he fled upon such a horse it was to be delivered to the             sheriff as a waif on his return home, under pain of treason.

6. He that left the host after victory, though for the purpose of securing his prisoner, lost his              ransom.

7. Any one seizing his comrade's prisoner was obliged to find security in the hands of the                        Warden-serjeant. Disputed prisoners were to be placed in the hands of the Warden, and the              party found ultimately wrong to be punished by a fine of ten pounds.

8. Relates to the evidence in case of such dispute. He who could bring his own countrymen in              evidence, of whatsoever quality, was preferred as the true captor; failing this mode of proof,             recourse was had to the prisoner's oath.

9. If the prisoner was of such a rank as to lead a hundred men, he was either to be dismissed              upon security or ransomed, for the space of fifteen days, without leave of the Warden.

10. He who dismounted a prisoner was entitled to half of his ransom.

11. Whosoever detected a traitor was entitled to a reward of one hundred shillings; whoever                aided his escape, suffered the pain of death.

12. He who did not join the army of the country upon the signal of the beacon lights (the signal                for the muster), or who left it during the English invasion without lawful excuse, his goods                were forfeited, and his person placed at the Warden's will.

13. In the case of any Englishman being taken in Scotland, he was not suffered to depart under                 a safe conduct save that of the King or Warden ; and similar protection was necessary to                           enable him to return and conduct the business of his ransom.

14. Any Scotsman releasing his prisoner when a host was collected either to enter England or                defend against invasion, was punished as a traitor

15. In the partition of spoil, two portions were allowed to each bowman.

16. Whoever deserted his commander and comrades, and stayed not in the field to the uttermost,                his goods were forfeited, and his person liable to punishment as a traitor.

17. Whoever bereft his comrade of horse, spoil or prisoner, was liable in the pains of treason, if               he did not make restitution “after the right of property became known to him."

This was all very well in theory, even though Douglas had had the aid of experienced minds in drawing up this set of rules. Given, however, the web of cross-border inter-relationships and private alliances which existed the Reivers made a mockery of many of the rules.