By William M. Gordon
ISBN-10: 0826445128
ISBN-13: 9780826445124
ISBN-10: 185285054X
ISBN-13: 9781852850548
Read Online or Download Legal History in the Making: Proceedings of the Ninth British Legal History Conference PDF
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Additional info for Legal History in the Making: Proceedings of the Ninth British Legal History Conference
Example text
9 Sic. 4 As recorded in that year, the Laws of the Marches were essentially a set of regulations for the prosecution of offences committed by the inhabitants of one country inside the territory of the other, and for the recovery of property stolen or lent across their common border. In theory all acts of theft or violence committed by Scots against Englishmen in the latter's country, and vice-versa, were to be judged on the march in accordance with these laws. In practice, a Scot assaulted in London was unlikely to sue for redress on the Solway or at Reddenburn - though robberies at sea continued to be so justiciable - and the jurisdiction of the laws was effectively limited to the border lands of England and Scotland.
M. Duncan, Scotland: The Making of the Kingdom (Edinburgh, 1978), 537-38. D. Willock, The Origins and Development of the Jury in Scotland, Stair Society, xxiii (Edinburgh, 1966), 23. M. R. Cheney, ed. (Oxford, 1964), 283-84. 10 Bain, op. , ii, no. 183. The Early Development of the Laws of the Anglo-Scottish Marches 31 which would be fought on the Scottish side of the Sol way. Once proceedings had got this far, the plaintiff could claim damages at will, and the defendant must find sureties for their payment, whatever the sum named, otherwise, as Henry Scot put it, he 'must undergo judgement as though legally convicted'.
Compurgation, of course, was ancient in both England and Scotland, though in the form prescribed in 1249 - the recovery of stolen goods was obtained 1 Unless otherwise stated, all unpublished documents cited are in the Public Record Office, London. W. I. Rae, The Administration of the Scottish Frontier, 1513-1603 (Edinburgh, 1966). 3 The best account, though written at the beginning of this century, remains that of G. Neilson, 'The March Laws', Stair Society Miscellany I, Stair Society, xxvi (Edinburgh, 1971), 12-77.