Reivers - Law on the Anglo Scottish Border

The Day of Truce Sought to Bring Justice and Peace to the Border

Ancestral Home of English March Warden - Tom Moss
Ancestral Home of English March Warden - Tom Moss
The 'Day of Truce' was the basis of Border law on the Anglo\Scottish Border. It needed 'Assurance' as the Clans who attended as Witnesses were often at Feud.

The ‘Day of Truce’ was attended by both Scots and English. As well as the criminals brought for trial and the March Wardens who would mete out the penalties and punishments, there were men from the two countries who attended to witness that the proceedings were fair. Thus there were many who faced each other across the Border Line who were enemies, combatants in previous encounters where cattle and sheep had been stolen and slaughter and wounding of loved ones and family had occurred as an outcome of the crime. Such crime might have been dealt with at a previous 'Truce' but the atmosphere was rife with feelings of abject hatred, seething resentment and the desire for revenge.

The ‘Assurance of the Truce’

When the two cavalcades of Scots and English arrived at the Border Line to hold the 'Day of Truce', from 1583 about a hundred in each camp, the Wardens would raise their arms in acknowledgement of each other and signify that the formalities were to commence. As many who were in attendance were at loggerheads these could not take place until the ‘Assurance of the Truce’ had been both called and agreed by both sides.

How the ‘Assurance of the Truce’ was Agreed

The English Warden would send three or four of his most favoured men into Scotland to request safe conduct or ‘assurance’ from the opposite Warden for all the English in attendance. This being granted they would return to English ground and wait for a party of Scots to pass over the Border Line into England to request the same. Only when everyone present was ‘assured’ did the whole of the English following cross into Scotland. The ‘Day of Truce’ was always held on Scottish soil.

The Vulnerability of those who Attended the ‘Day of Truce’

It was all very well to have ‘Assurance’ from sunrise of the day on which the ‘Truce’ was to be held and during the proceedings, but at some stage the hearings and judgement of those on trial would come to an end and everyone who had attended would have to make their way home. At this point every person was at his most vulnerable as the great mass of witnesses would break up into small family parties and move off in different directions. The temptation to settle old scores against an enemy within close proximity and with only his own followers in attendance, was to the forefront of many a mind.

The ‘Assurance’ of the ‘Day of Truce’ to Provide Safe Conduct Home

The ‘Assurance’ granted safe conduct to all as they made their way home when the ‘Truce’ was at an end. Even should the ‘Truce’ last a day, more than a day or only part of one, the ‘Assurance’ would last until the sunrise following completion of the proceedings. Everyone had time to make for their homelands confident in the knowledge that the 'Assurance' still held.

All who Attended had to Swear ‘Assurance’

Everyone who attended had to swear that they would conduct themselves with consideration and respect for all present, be they Scots or English, be they enemy or friend. They swore that they would not offend by ‘word, deed or countenance’. In other words, they would not incite either neighbour, with whom they might be at feud even though a countryman, or enemy from the other side of the Border Line, through aggressive or abusive words, action such as the occasional spat or fight, or scornful and hostile look.

The meeting known as the ‘Day of Truce’, common to the Border lands of England and Scotland for nigh on three centuries was a ‘powder keg’ of subdued hatred, emotion and barely veiled aggression. It took little to ignite it.

Sources.

The History of Liddesdale, Eskdale, Ewesdale, Wauchopedale and the Debateable Land by Robert Bruce Armstrong.

The Border Reivers by Godfrey Watson.

Border Raids and Reivers by Robert Borland, Minister of Yarrow.

Thomas William Moss - What is a trained, highly qualified and experienced textile technologist doing writing articles about Irish\UK history? Surely technology ...

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