By William M. Gordon
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Extra info for Legal History in the Making: Proceedings of the Ninth British Legal History Conference
He had fled to Yorkshire, where he was arrested for other felonies, but he was nevertheless to be handed over to the earl of Northumberland 'to stand to right for that homicide according to march law at the next march day to be held there . ,'42 It is not clear, however, how such an indictment could have been made except in a warden court, and it is possible that it had first been made in a warden court but was to be tried at a march day, perhaps because a private accusation had followed the public charge.
39 This was hardly the case with the courts held by the wardens of the marches for the maintenance of truces, courts which, as already observed, were in existence by the middle of the fourteenth century. The latter were, indeed, increasingly directed to punishing truce-breakers in accordance with march law, but since punishment under the latter varied, being sometimes capital and sometimes only financial, this may only represent an instruction to the wardens to keep 34 35 36 37 38 39 Rymer, Foedera, vii, 526-27; viii, 54-57; x, 330.
It is also possible that the procedure used in a court of arms had an effect on that employed at march sessions. 53 In October of that year, however, as part of the arrangements made for a day of truce to be held by the duke of Lancaster and the earl of Carrick in the following March, it was agreed that before Christmas Scottish plaintiffs should send 'thair Billes indented of thair Playntes' to Roxburgh castle (then in English hands), while aggrieved Englishmen should send their bills to Kelso abbey.