March law (Anglo-Scottish border)

March law (Anglo-Scottish border) (or Marcher law, or laws and customs of the marches) was a system of customary international law dealing with cross-border dispute settlement, operating during the medieval and early-modern periods in the area of the Anglo-Scottish border or Anglo-Scottish marches - the word "march" being the Old English form of the Old French word "marche" meaning "boundary". (The Anglo-Welsh border and the Anglo-Irish marches had their own versions of "the Law of the Marches"). They 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."

The laws were administered (from the late thirteenth-century onwards) by the Wardens of the Marches in times of war between England and Scotland, and by "Conservators of the truce" in times of peace, although, given that periods of truce were invariably subject to cross-border raiding, piracy and ransom-taking, the two roles were often amalgamated into that of "warden-conservator". The work of the courts was done at periodic gatherings of plaintiffs and defendants, along with the designated warden-conservators and the jurors ("recognitors") from both England and Scotland, at a pre-decided place either side of the border line on what were called "days of march" (or "days of truce").

In England, March law ran side-by-side with English Common law, often in an unclear way (and with the latter sometimes being subverted by the Wardens to their own ends). As well as common law, March Law had elements of Equity and Military law in its make-up.

March law was usually most in force during times of truce, as, during times of war with the Scots, the English Crown, claiming sovereignty over Scottish territory, would refuse to recognise a separate judicial entity in Scotland.

From the First War of Scottish Independence to 1603 and the Union of the Crowns, the borderlands of England and Scotland suffered from armed raids and open warfare. The warfare was driven by the attempts of the English crown to claim suzerainty over Scotland and the consequent resistance of the Scottish crown. In addition, the Scottish Crown would often support the French in the latter's wars with England (the "Auld alliance"). The raiding was due to armed bands of local magnates, lairds or clan chiefs and their retainers (the Border Reivers) on both sides of the Anglo-Scottish border (including sometimes the Wardens' own men) crossing the border to take captives and/or animals and wreak damage on property.

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