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131-513: Border reivers were raiders along the Anglo-Scottish border sometime around the end of the First War of Scottish Independence . They included both Scottish and English people, and they raided the entire border country without regard to their victims' nationality. They operated in a culture of legalised raiding and feuding. Their heyday was in the last hundred years of their existence, during

262-583: A Scottish tract of land that curiously lies on the English side of the River Tweed , is one such example. This threipland became the subject of an annual game of football, whose result determined temporary control of the land. Over time, Coldstream's growing population allowed it to field far more players than Wark, leading to the land being informally absorbed into Scotland. The Anglo-Scottish Borders were marked by overlapping systems of administration and law, creating

393-532: A case involving Hugh de Bolbec, a Northumbrian knight. A meeting near Carham on the Tweed attempted to establish "the true and ancient marches between the two kingdoms". Six knights from each side were appointed to walk the border line, but the Scottish and English representatives disagreed at every step. A second attempt expanded the parties to twelve knights per side, with additional servants and men-at-arms processing through

524-559: A close family member or adopted heir, and the presumption that the eldest or even a natural son would inherit was not enshrined. The death of an emperor led to a critical period of uncertainty and crisis. In theory, the Senate was entitled to choose the new emperor, but did so mindful of acclamation by the army or the Praetorian Guard . Thus, neither an emperor nor his heir had an inherent "right" to rule, and did so through military power and

655-691: A closely related word, comes from the Middle English reven . There also exists a Northumbrian and Scots verb reifen . All three derive from Old English rēafian which means "to rob, plunder, pillage". Variants of these words were used in the Borders in the later Middle Ages. The corresponding verb in Dutch is "(be)roven", and "(be)rauben" in German. The earliest use of the combined term "border reiver" appears to be by Sir Walter Scott in his anthology Minstrelsy of

786-643: A daughter inherits before her uncle and his descendants. It was practised in the succession to the once-separate thrones of Kingdom of England and Kingdom of Scotland , then in the Kingdom of Great Britain , and then the United Kingdom until 2015, when the Succession to the Crown Act 2013 (effective March 26, 2015) changed it to absolute primogeniture (to the eldest legitimate child, regardless of sex). This rule change

917-430: A decline in regicide , as clear rules of succession reduce the number of people who could (absent a coup d'état ) replace a ruler, thus making it less desirable to cause the death of the monarch. Absolute , equal , (full) cognatic or lineal primogeniture is a form of primogeniture in which sex is irrelevant for inheritance; the oldest surviving child without regard to sex inherits the throne. Mathematically this

1048-432: A feeble or distant monarch and reliance on the effectiveness of the law usually made people a target for depredations rather than conferring any security. There were other factors which may have promoted a predatory mode of living in parts of the Borders. A system of partible inheritance is evident in some parts of the English side of the Borders in the sixteenth century. By contrast to primogeniture , this meant that land

1179-402: A landed estate, therefore, the protection which its owner could afford to those who dwelt on it, depended upon its greatness. To divide it was to ruin it, and to expose every part of it to be oppressed and swallowed up by the incursions of its neighbours. The law of primogeniture, therefore, came to take place, not immediately indeed, but in process of time, in the succession of landed estates, for

1310-413: A new layer of governance that often clashed with local traditions, further complicating loyalties and creating a fragmented political landscape. The Wars of Scottish Independence played a key role in this transformation of the Borders, fostering and forcing a growing sense of national belonging that extended across social, cultural and linguistic groups. However, alongside this burgeoning national identity,

1441-475: A patchwork of competing jurisdictions. On the English side, noble families, ecclesiastical authorities, and state officials held varying degrees of power, often clashing over jurisdiction. Secular liberties like Tynedale and Redesdale operated semi-independently, granting local lords significant autonomy to enforce laws and defend their territories. Religious influence was prominent in Hexhamshire , governed by

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1572-503: A persistent feature of the borderlands, punctuating periods of truce. These ranged from smaller skirmishes to occasional large-scale raids, such as the Battle of Otterburn (1388) and Homildon Hill (1402), which occasionally escalated into significant but localised conflicts. Both kingdoms sought to maintain periods of relative calm through truce agreements and diplomatic efforts, though these efforts were often fragile and difficult to enforce in

1703-635: A prize of war and a continued focal point of Anglo-Scottish tensions. The Anglo-Scottish border was not fully demarcated until the mid-19th century, when the Ordnance Survey mapped the area in detail. Even as late as this period, some lands, such as Kirkholm Common, were still considered by locals to be threipland. Locals regarded it as shared communal ground, with its historical status as contested land lingering in local tradition. Other disputed areas were resolved through less formal means. The Ba Green (or Ba' Green or Ball Green) near Wark and Coldstream ,

1834-573: A shared border identity also emerged, rooted in the unique cultural and legal practices of the region. This shared identity coexisted with a lingering sense of Otherness, as the borders remained distinct from the centralised identities of both nations, shaped by their unique history and violent reputation, and the persistent influence of local loyalties. Efforts to define the Anglo-Scottish border often proved contentious and inconclusive. By 1245, territorial disputes remained unresolved, as demonstrated in

1965-549: A significant role in shaping Anglo-Scottish relations. Their activities were a major factor in ongoing tensions between the two kingdoms, and their raids often had international repercussions. There is an emerging historical debate over how great their threat and the extent to which their raids were state-directed rather than purely opportunistic. The culture of the Border Reivers—characterised by honour , close family bonds, and self-defence—has been said to influence

2096-585: A similar-status foreign leader, as was conventional for high-status women for their family security and diplomacy. Such a situation was a major source of civil wars; one example is the Spanish Armada . Henry VIII of England did not wait until death and remarried twice on the basis of lack of producing a male heir, on the second occasion beheading his queen "for witchcraft" . A small minority of monarchs in many countries have openly made their heir an illegitimate child ; stories abound of others as newborns brought to

2227-457: A small-scale invasion of England, attempting to capitalise on the ongoing tensions between England and Scotland. The invasion, however, was poorly supported and ultimately failed to achieve any significant objectives. Cattle raiding The act of cattle-raiding is quite ancient, first attested over seven thousand years ago, and is one of the oldest-known aspects of Proto-Indo-European culture , being seen in inscriptions on artifacts such as

2358-701: A stronger claim by proximity of blood , the court ruled "Women cannot transmit a right which they do not possess", reinforcing agnatic primogeniture. This dispute was among the factors behind the Hundred Years' War , which broke out in 1337. Conflict between the Salic law and the male-preferred system was also the genesis of Carlism in Spain and Miguelism in Portugal. The crowns of Hanover and Great Britain, which had been in personal union since 1714, were separated in 1837 upon

2489-538: Is partible inheritance . The common definition given is also known as male-line primogeniture, the classical form popular in European jurisdictions among others until into the 20th century. In the absence of male-line offspring, variations were expounded to entitle a daughter or a brother or, in the absence of either, to another collateral relative, in a specified order (e.g., male-preference primogeniture, Salic primogeniture, semi-Salic primogeniture). Variations have tempered

2620-460: Is "Out with the sword" John Turnbull , who flourished around the turn of the 15th century. He was a member of the powerful Turnbull family in Minto in the borders, and he earned his nickname for his reputation of being quick to escalate arguments into violence. Remarkably, John Turnbull's nickname is perhaps the only surviving example of an early 15th-century border reiver nickname. Around the same time,

2751-563: Is "nearest" to the last male. Male-preference primogeniture (in the past called cognatic primogeniture) provides that a dynast 's sons and their lines of descent all come before the dynast's daughters and their lines. Older sons and their lines come before younger sons and their lines. It accords succession to the throne to a female member of a dynasty if and only if she has no living brothers and no deceased brothers who left surviving legitimate descendants. Then, older daughters and their lines come before younger daughters and their lines, thus

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2882-532: Is a depth-first search . No monarchy implemented this form of primogeniture before 1980, when Sweden amended its Act of Succession to adopt it in royal succession. This displaced King Carl XVI Gustaf 's infant son, Prince Carl Philip , in favor of his elder daughter, Princess Victoria . Several monarchies have since followed suit: the Netherlands in 1983, Norway in 1990 (not retroactively), Belgium in 1991, Denmark in 2009, Luxembourg in 2011. In 2011,

3013-577: Is a major problem in rural areas of South Sudan . In the state of Jonglei , cattle raids in August 2011 left around 600 people dead. Once again in January 2012, ethnic clashes related to cattle theft killed between 2,000 and 3,000 people and displaced as many as 34,500 in the area around Pibor . Cattle rustling is common in Nigeria . The theft of sheep, goats and cows along with tractors and irrigation equipment,

3144-456: Is believed that Timur tried to steal a sheep from a shepherd but was shot by two arrows, one in his right leg and another in his right hand, where he lost two fingers. Both injuries disabled him for life. Timur's injuries have given him the names of Timur the Lame and Tamerlane by Europeans. In Gaelic Ireland , cattle raiding, whether in retaliation for an insult under the code of conduct or to keep

3275-719: Is one of the most difficult problems confronted by farmers in Israel . About 400 cases are reported annually in the north of the country, and in the south, farmers compare the situation to the Wild West. They suffer millions of shekels in annual losses. Most of the stolen livestock is taken to the West Bank , quickly slaughtered and then smuggled back into Israel, where it is sold by butchers to unsuspecting customers. Primogeniture Philosophers Works Primogeniture ( / ˌ p r aɪ m ə ˈ dʒ ɛ n ɪ tʃ ər , - oʊ -/ )

3406-513: Is that of Isaac 's sons Esau , who was born first, and Jacob , who was born second. Esau was entitled to the "birthright" ( bekhorah בְּכוֹרָה), but he sold the right to Jacob for a mess of pottage , i. e. a small amount of lentil stew. This passage demonstrates that primogeniture was known in the Middle East prior to the Roman Empire . A woman's right and obligation to inherit property in

3537-463: Is the right, by law or custom, of the firstborn legitimate child to inherit the parent's entire or main estate in preference to shared inheritance among all or some children, any illegitimate child or any collateral relative. In most contexts, it means the inheritance of the firstborn son (agnatic primogeniture); it can also mean by the firstborn daughter (matrilineal primogeniture), or firstborn child (absolute primogeniture). Its opposite analogue

3668-668: The Archbishops of York , and in the County Palatine of Durham (which included the exclaves of Norhamshire and Islandshire on the frontier), ruled by the Prince Bishops , who held powers comparable to those of a king, including raising armies and collecting taxes. The Earls of Northumberland , based in Alnwick , were another major force, holding substantial military and administrative influence over northern England. The legal framework of

3799-490: The Battle of Bannockburn in 1314 and appeared to further worsen after a severe famine in 1315–1317 and a failed campaign in 1322. The anarchy that followed created conditions where both organised and independent bands of Scottish armed men, along with opportunistic English bands, raided as far as Yorkshire, devastating the land not only through plunder but also widespread burning. Among the English raiders were known Schavaldours, some of whom were led by local nobility, including

3930-529: The Battle of Carham in 1018, where Scottish forces secured control over Lothian , fundamentally altering the northern boundary of England. The Norman Conquest (1066) further destabilised the borders, as the end of the Anglo-Saxon Kingdom of England and the subsequent Normanisation of Scottish nobility introduced new complexities brought in by David I of Scotland . Following the Norman Conquest,

4061-665: The Border reivers was a serious problem for many centuries on both sides of the Anglo-Scottish border . In the American frontier , rustling was considered a serious offense and in some cases resulted in vigilantes hanging or shooting the thieves. Mexican rustlers were a major issue during the American Civil War (1861–1865); the Mexican government was accused of supporting the habit. American rustlers also stole Mexican cattle from across

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4192-660: The Boroano and Ranquel peoples, and the Pincheira brothers , ravaged the southern frontier of Argentina in search of cattle. To prevent the cattle raiding, the Argentine government built a system of trenches called Zanja de Alsina in the 1870s. Most cattle raids ended after the military campaigns of the Conquest of the Desert in the 1870s, and the following partition of Patagonia established by

4323-486: The Boundary Treaty of 1881 between Chile and Argentina . In a letter to Chilean President Manuel Montt Mapuche chief Mañil denounced the plunder of graves in search of Mapuche silver , arson of Mapuche houses and other abuses against Mapuches that were happening in the newly created province. Mañil further accused intendant Villalón con Salbo of becoming rich by cattle theft. The return of Chilean veterans from

4454-603: The Duchy of Lancaster , which is merged with the British Crown which has included women in inheritance since the 16th century, and the Dukedom of Marlborough , which has done so since its establishment in 1702. However, in Scotland, Salic law has never been practised, and all the hereditary titles are inherited through male-preference primogeniture, where in the extinction of a male line,

4585-548: The Empress Gemmei (661–721) on the throne (but only because she was a Princess of the Imperial family, daughter of Prince Kusakabe ), remain the sole exceptions to this conventional argument. Primogeniture by definition prevents the subdivision of estates . This lessens family pressures to sell property, such as if two (or more) children inherit a house and cannot afford to buy out the other(s). In much of Europe younger sons of

4716-466: The Estates-General of 1317  [ fr ] ruling that "Women do not succeed the kingdom of France". In 1328 it was further elaborated to solve the dispute over the legitimate successor of Philip V's brother, Charles IV of France , in favour of Philip VI of France (the son of Charles' uncle Charles of Valois) over Edward III of England (the son of Charles' sister Isabella). While Edward had

4847-546: The First War of Scottish Independence and around the end of the Wars of the Roses , though the development of fortified self-defence measures appears to have commenced earlier in England during the 14th century, particularly at the height of the Wars of Independence . Although there were long-term truces after the Wars of Scottish Independence and relatively few official cross-border raids,

4978-689: The War of the Pacific coincided with the Chilean Army's crushing of Mapuche resistance in the Occupation of Araucanía (1861–1883). This led to opportunities for bandits and veterans-turned-bandits to immigrate to the newly opened Araucanía territory, leading to sudden rise in violence and in a region that was recovering from Chilean-Mapuche warfare. Bandits that immigrated to Araucanía allied with displaced Mapuche and made cattle theft their chief business. Stolen cattle

5109-821: The 16th century during the Tudor period in England and the late Stewart period in Scotland. They were infamous for raiding, eliciting protection money ('blackmail'), cattle rustling, and lawlessness, often operating within a framework of legally sanctioned violence. Many crimes, such as theft and feuding, were treated with less severity due to the ancient customs and culture of the Borderlands, which had evolved over centuries to tolerate and even codify such practices. Although less well-known than Highlanders in Scotland—whom they met and defeated in battle on occasion—the Border Reivers played

5240-519: The 20th century . In Japan, the Imperial chronologies include eight reigning empresses from ancient times up through the Edo period; however, their successors were most often selected from amongst the males of the paternal Imperial bloodline, which is why some conservative scholars argue that the women's reigns were temporary and that male-only succession tradition must be maintained. Japanese empresses such as Empress Genshō (680–748), who succeeded her mother

5371-519: The Anglo-Scottish border in the west remained unclear. William Rufus , son of William the Conqueror , expelled Dolfin , a descendant of the Anglo-Saxon Earls of Northumbria, from Cumberland and fortified Carlisle to secure the region. However, during the period of civil war known as The Anarchy (1135–1153), David I of Scotland exploited the instability and advanced southward into northern England. In

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5502-412: The Anglo-Scottish border region during the 12th and 13th centuries were shaped by a highly mixed population, but the ruling elite was predominantly composed of Norman , Flemish , and Breton incomers. These newcomers were granted lands and titles as knights or lords, establishing castles and controlling large demesnes. Some of these demesnes crossed the unclear boundary between England and Scotland during

5633-541: The Anglo-Scottish border remained a hotspot for raiding, feuding, and political tensions. Barely had ink dried in 1357 before the Warden of the West March Thomas de Lucy was accused on one occasion of imprisoning Scots for the purpose of ransom. And on another occasion, with collusion with the men of Eskdale , there was a theft of several thousand animals and £20 (a not insignificant sum in those days). Raiding continued as

5764-485: The Anglo-Scottish border, changed hands multiple times during the medieval period, reflecting its contested status between England and Scotland. The town was alternately controlled by each kingdom, with significant captures in 1174, 1296, and 1318, among others. Its turbulent history culminated in 1482 when it was seized by Richard, Duke of Gloucester (later Richard III), and thereafter remained under English administration. Berwick's frequent exchanges highlight its role as both

5895-589: The Balobedu Royal Council has appointed only female descendants to the queenship. The position has been unoccupied and stewarded by a regent since the death of Makobo Modjadji , the most recent Rain Queen, in 2005. The Balobedu Royal Council has not published information concerning its succession norms, but among the Limpopo tribe, it was widely expected that the late Rain Queen's daughter, Masalanabo, would succeed to

6026-514: The Borders, the period soon saw growing tensions between the two monarchs and an increase in banditry, as the fragile truces often proved difficult to enforce. In 1495 the pretender to the English crown, Perkin Warbeck became a guest of James IV and raids resumed on both sides of the Border with renewed intensity, disrupting the fragile peace established earlier. In the following year, Perkin Warbeck led

6157-710: The Colonies. Many of the early Virginians who were plantation owners were younger sons of landed gentry who had left Britain and Ireland fortuneless due to primogeniture. These were key ancestors of the Founding Fathers of the United States of America . In Democracy in America , Alexis de Tocqueville observes that abolition of primogeniture and entail as to property results in faster division of land. However, primogeniture, in forcing landless people to seek wealth outside

6288-542: The English knights unilaterally declared the defined line to be "the true and ancient marches and divisions", despite the lack of mutual agreement. Throughout the period, various territories remained disputed due to unresolved claims, particularly lands referred to as threiplands (Scottish for "conflict lands"). While many of these areas were smaller tracts of contested ground, some, like the Debatable Lands , were far more significant. This expansive area, which lay between

6419-520: The Kingdom of England expanded its territory to include much of southern Scotland, and deprioritised the governance and defence of the traditional Anglo-Scottish Border region. The assumption was that the "new" border further north, as dictated by the Treaty of Newcastle (1334), would eliminate the need to maintain the old border systems, such as March law and its associated offices. However, this miscalculation left

6550-478: The Lilburns, Swinburnes, de Eures, and Middletons, while others consisted of mercenaries or former soldiers, such as the infamous Jack le Irish. Different branches of English Border noble families, for example the aforementioned Swinburnes, often found themselves fighting on opposing sides, some due to land ownership in Scotland, others opportunistically, and some because they held genuine Scottish sympathies. The violence

6681-805: The Norse Golden Horns of Gallehus and in works such as the Old Irish Táin Bó Cúailnge ("Cattle Raid of Cooley "), the paṇis of the Rigveda , the Mahabharata cattle raids and cattle rescues; and the Homeric Hymn to Hermes , who steals the cattle of Apollo . In his childhood, the Turco-Mongol conqueror Timur and a small band of followers raided travelers for goods, especially animals such as sheep, horses, and cattle. Around 1363, it

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6812-593: The Saudi Arabian throne uses a form of lateral agnatic seniority , as did the Kievan Rus' (see Rota system ), the early Kingdom of Scotland (see Tanistry ), the Mongol Empire (see lateral succession ) or the later Ottoman Empire (see succession practices ). Some monarchies have (at least in principle) no element of heredity in their laws of succession at all and monarchs are elected . The Holy Roman Emperor

6943-468: The Scottish Border . George Ridpath (1716?–1772), the author of posthumously published The Border-History of England and Scotland, deduced from the earliest times to the union of the two crowns (London, 1776), referred not to 'border reivers' but only to banditti . Scotland and England were frequently at war during the late Middle Ages . During these wars, the livelihood of the people on the Borders

7074-444: The Second Treaty of Durham (1139), King Stephen granted the Earldom of Northumbria—encompassing Carlisle , Cumberland , Westmorland , and Lancashire north of the Ribble —to David's son, Prince Henry . These territories were later reclaimed, and David's successor, Malcolm IV , was forced to cede them. Since then, the Anglo-Scottish border has remained largely unchanged, with only minor adjustments. Land ownership and governance in

7205-402: The Senate's symbolic consent. The law of primogeniture in Europe has its origins in Medieval Europe where the feudal system necessitated that the estates of land-owning feudal lords be kept as large and as united as possible to maintain social stability as well as the wealth, power and social standing of their families. Adam Smith , in his book An Inquiry into the Nature and Causes of

7336-456: The Tweed Valley, but it too ended without agreement. A third effort involved 48 knights, who swore an oath to trace the border. The English knights proposed a line running from the confluence of Reddenburn and the Tweed, south to Tres Karras and Hopperichlawe (now lost), and then to Whitelaw Hill in the Cheviot Hills. However, the Scottish knights opposed this perambulation with threats, and tensions escalated. Lacking further resources to continue,

7467-480: The War of Scottish Independence, and this later contributed to tensions and disputes over land ownership and jurisdiction. While the majority of the population were probably local inhabitants—whether Anglian in the east, Brythonic in the west, or Gaelic in south-west Scotland—these communities would have been governed primarily by the newly established ruling class. This complex situation resulted in overlapping cultural, linguistic, and feudal identities. On both sides of

7598-587: The Wealth of Nations , explains the origin of primogeniture in Europe in the following way: [W]hen land was considered as the means, not of subsistence merely, but of power and protection, it was thought better that it should descend undivided to one. In those disorderly times, every great landlord was a sort of petty prince. His tenants were his subjects. He was their judge, and in some respects their legislator in peace and their leader in war. He made war according to his own discretion, frequently against his neighbours, and sometimes against his sovereign. The security of

7729-465: The absence of a male heir in the family was recorded in the case of the Daughters of Zelophehad in Numbers 27. During the Roman Empire , Roman law governed much of Europe, and the laws pertaining to inheritance made no distinction between the oldest or youngest, male or female, if the decedent died intestate . Although admission to the two highest ordines (orders), i.e. the senators and equestrians , potentially brought lifelong privileges that

7860-471: The agreement, raiding resumed the following year. During the so-called 'Gloucester'a War', The Earl of Angus led a deep raid into the East March, prompting a retaliatory campaign by Richard, Duke of Gloucester, who launched a raid into Scotland. This outbreak of violence was short-lived, concluding by 1484. Notably, this brief conflict was significant for one key reason: it marked the final time Berwick-upon-Tweed changed hands, solidifying English control over

7991-551: The border. Failure to brand new calves facilitated theft. Conflict over alleged rustling was a major issue in the Johnson County War of 1892 in Wyoming . The transition from open range to fenced grazing gradually reduced the practice of rustling in North America. In the 20th century, so called "suburban rustling" became more common, with rustlers anesthetizing cattle and taking them directly to auction. This often takes place at night, posing problems for law enforcement, because on very large ranches it can take several days for

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8122-410: The conflict, with the Nevilles aligning more successfully with the Yorkist cause. This strategic advantage allowed the Nevilles to claim the Percy earldom in 1463 following the Percys’ poor choice of allegiance. Despite the ongoing civil war between the houses of Lancaster and York, truces with Scotland were maintained and periodically renewed. A 40-year truce was agreed upon in 1479. However, despite

8253-401: The contested border regions. The Percy family , Earls of Northumberland , played a significant role in the conflicts that destabilised England. The Percys first rebelled against King Henry IV during the early 15th century, joining forces with Owain Glyndŵr and Edmund Mortimer in the Tripartite Indenture , a plan to divide England and Wales between them. Led by Sir Henry "Hotspur" Percy ,

8384-400: The culture of the Deep South in the United States. Many Borderers migrated as families to America, where their values are thought to have contributed significantly to the region's social structure and political ideologies, with echoes of their influence persisting even today. Reive , a noun meaning raid, comes from the Middle English (Scots) reifen. The verb reave meaning "plunder, rob",

8515-420: The death of her grandson and ruled until 1003 CE. Another example is Qudsia Begum who became the Nawab of Bhopal in 1819 CE after the death of her husband and ruled until 1837 CE. Other famous queens include Rudrama Devi , Keladi Chennamma , Ahilyabai Holkar , Velu Nachiyar and Gowri Lakshmi Bayi . Razia Sultana was a rare example of a queen who succeeded her father even when her brothers were alive. She

8646-471: The desire for a male heir saw the women themselves excluded from the succession in favor of their sons, so that women could transmit claims but not inherit themselves. Such a system was called "quasi-Salic". In 1317, to illegitimize Joan II of Navarre 's claim on France, Philip V of France declared "women do not succeed to the throne of France". In 1328, Philip's successor, Charles IV of France , also died sonless; Charles' sister, Isabella of France , claimed

8777-628: The destabilising effects of gavelkind —a system of inheritance that divided land equally among male heirs—led to the gradual impoverishment of many border families, forcing them to seek other means of survival, often through smuggling and raiding. The growing prominence of surnames in the liberties during this period reflected the rise of family identities tied to raiding and feuding, with leading figures or "heidsmen" representing these powerful groups. The immunity granted by King Edward allowed these families to operate almost with impunity, as they were shielded from confiscation or meaningful retribution. Although

8908-607: The early medieval period of what is know th Anglo-Scottish borders. These poetic accounts hint at a long-standing culture of raiding and conflict in the northern British territories. Laws of the Marches, or Leges Marchiarum , first formally codified in 1249 , offers a significant insight into the long-standing legal and social structures designed to manage the unique challenges of the Anglo-Scottish Border. This legal framework addressed not only diplomatic relations between England and Scotland but also sought to regulate banditry, cross-border smuggling, and feuding. Its provisions included

9039-435: The eastern European monarchies except Greece, i.e. Albania , Bulgaria , Montenegro , Romania , and Serbia . During this era, Spain (in the Carlist conflicts ) fought a civil war which pitted the Salic and female-line heirs of the ruling dynasty against one another for possession of the crown. Many English nobility descend by Salic, male primogeniture so have a greater average rate of extinction. For many other titles, if

9170-415: The eastern borders this reflected the Anglian heritage of the former Kingdom of Northumbria, while the western borders, particularly within Scotland, included Brythonic-speaking descendants of Old Cumbria and with a number of Gaelic-speaking communities in south-west Scotland. The integration of these groups under predominantly Norman, Flemish, and Breton lords across the border introduced a dual identity and

9301-406: The eldest sister automatically receives the titles, and rules in her own right, not in the right of her son. A famous example of this is Marjorie, Countess of Carrick , mother of Robert the Bruce , who was the Countess of Carrick in her own right. During the High Medieval period, there arose a trend where the extinction of agnatic lineages forced the consideration of women's claims; nevertheless,

9432-467: The emperor and his council at court. Other than meeting requirements for personal wealth, the qualifications for belonging to the senatorial or equestrian orders varied from generation to generation, and in the later Empire, the dignitas ("esteem") that attended on senatorial or equestrian rank was refined further with additional titles, such as vir illustris , that were not inherited. Most Roman emperors indicated their choice of successor, usually

9563-495: The era also saw the end of the militarised border. The Union of the Crowns in 1603, when James VI of Scotland succeeded to the English throne as James I, marked the end of centuries of conflict between the two kingdoms. Henry VII and James IV were initially cordial, encouraged the Border courts and reminded the Border magnates of their obligation to maintain truce. However, despite this initial cordiality and relative peace along

9694-423: The expectant queen consort such as to James II of England "in a bedpan." Under any of these considerations, sons, some of whose lives were in times of war likely to be lost in battle, could be expected to produce more heirs. Eldest daughters could find themselves under a situation of duress on remarriage, and the concept of the trophy bride if the husband were slain is one resonant in many cultures especially before

9825-1005: The family estate to maintain their standard of living accelerated the death of the landed aristocracy and, in his view, thus, quickened the shift to democracy . In Christian Europe , the Catholic Church originally had a monopoly on the authority to sanction marriage. Its teachings forbid polygamy and state divorce is an impossibility per se . Consequently, in Europe, given morbidity and infertility, succession could not be assured solely by direct male descendants or even direct male or female progeny. In Islamic and Asian cultures, religious officials and customs either sanctioned polygyny , use of consorts, or both, or they had no authority of marriage; monarchs could consequently ensure sufficient numbers of male offspring to assure succession. In such cultures, female heads of state were rare. The earliest account of primogeniture to be known widely in modern times

9956-479: The governments of the 16 Commonwealth realms which have a common monarch—Elizabeth II at that date—announced the Perth Agreement , a plan to legislate changes to absolute primogeniture. This came into effect with the necessary legislation on 26 March 2015. Other monarchies have considered changing to absolute primogeniture: Monaco , the Netherlands , and Norway also deviated from traditional primogeniture in

10087-508: The hereditary titles are inherited through male-preference primogeniture, where in the extinction of a male line, the eldest sister automatically receives the titles, and rules in her own right, not in the right of her son. A famous example of this is Marjorie, Countess of Carrick , mother of Robert the Bruce , who was the Countess of Carrick in her own right. A similar system was practised in many of

10218-417: The immunity was later officially rescinded, its implementation within the liberties appears to have been almost entirely absent. A lack of enforcement allowed the raiding culture to flourish, entrenching the fragmented and combative nature of the borderlands during the years leading to the emergence of the infamous Tudor surnames. Following the defeat of Edward Balliol at the Battle of Halidon Hill in 1333,

10349-427: The king would have socially entrenched powers over his new spouse: financial and any rivalry of a new queen consort by her personal and companions' physical strength was within the chivalric norm far-fetched so far as it might present a challenge to her ruling husband, if proving relatively able. Times of turbulence were more likely when a queen regnant/female main heir allowed to inherit was married to or remarried to

10480-538: The kingdoms in Kerala practised this system, including the Kingdom of Calicut , Kingdom of Cochin , the kingdom of Kolathunadu and the Kingdom of Valluvanad , to name a few. The Arakkal kingdom followed a similar matrilineal system of descent: the eldest member of the family, whether male or female, became its head and ruler; the male rulers were called Ali Rajah and female rulers were called as Arakkal Beevis. Usually after one king, his nephew through his sister succeeded to

10611-582: The kingdoms of the Indian subcontinent from the Middle Ages to the Indian independence movement . In many of these kingdoms, adoption was allowed from a relative if a monarch did not have children, and the adopted child could succeed to the throne at the death of the monarch. ( Shahu I adopted Rajaram II who ruled as king and he in turn adopted Shahu II who ruled as the next king. Princess Bharani Thirunal Parvathy Bayi,

10742-419: The late 20th or early 21st century by restricting succession to the crown to relatives within a specified degree of kinship to the most recent monarch. Agnatic primogeniture or patrilineal primogeniture is inheritance according to seniority of birth among the sons of a monarch or head of family , with sons inheriting before brothers, and male-line male descendants inheriting before collateral male relatives in

10873-650: The late estate holder had no descendants his oldest brother would succeed, and his descendants would likewise enjoy the rule of substitution where he had died. The effect of English primogeniture was to keep estates undivided wherever possible and to disinherit real property from female relations unless only daughters survived in which case the estate thus normally results in division. The principle has applied in history to inheritance of land as well as inherited titles and offices, most notably monarchies, continuing until modified or abolished. Other forms of inheritance in monarchies have existed or continue. Currently, succession to

11004-519: The laws as originating "from a time which memory does not exist," implying that aspects of March law may predate the Norman Conquest. However, the extent to which these laws derive from pre-Norman customs remains a topic of scholarly debate. An earlier rendition of banditry may have been the bands of armed men who first appeared on the Borders in the early 14th century, then known as the Schavaldours (also spelled shavaldour, shavaldor, or shavaldor) during

11135-538: The legitimate female line of the original titleholder. In England, Fiefs or titles granted "in tail general" or to "heirs general" follow this system for sons, but daughters are considered equal co-heirs to each other, which can result in abeyance. In the medieval period, actual practice varied with local custom. While women could inherit manors, power was usually exercised by their husbands ( jure uxoris ) or their sons ( jure matris ). However, in Scotland, Salic law or any of its variations have never been practised, and all

11266-567: The level of autonomy or legal power seen in England. Despite these differences, both nations faced persistent challenges in governing the borderlands, where local power dynamics frequently overruled central authority. The roots of cattle raiding and banditry in the Border region can perhaps be traced even further back. The earliest references to such behaviour appear in the Old Welsh ( Hen Ogledd ) poems attributed to bards such as Taliesin , Aneirin and Llywarch Hen which describe battles and raids in

11397-466: The liberties of Tynedale and Redesdale were undergoing significant changes that would shape the emergence of surnames as a defining feature of border society. During Edward III 's reign, the men of these liberties were granted immunity from land confiscation. This was not a continuation of earlier practices like March law, but a deliberate concession by Edward III, designed to secure their loyalty and military support during his campaigns in Scotland . At

11528-505: The loss of cattle to be noticed and reported. Convictions are extremely rare to nonexistent. Cattle raiding became a major issue at the end of the 19th century in Argentina, where cattle stolen during malones were taken through Camino de los chilenos across the Andes to Chile , where they were exchanged for alcoholic beverages and firearms . Several indigenous groups and outlaws, such as

11659-436: The male line ceases to exist, the title automatically passes to the closest elder sister and her descendants. It could sometimes also pass through a line of descendants to the last holder, as abeyant holders, until they become parents or ancestors to a male descendant who is first born to 'settle the abeyance'. Some senior agnatic cadets are granted from the outset courtesy or subsidiary titles. Notable English exceptions are

11790-457: The male line, and to the total exclusion of females and descendants through females. This exclusion of females from dynastic succession is also referred to as application of the Salic law . Another variation on agnatic primogeniture is the so-called semi-Salic law, or "agnatic-cognatic primogeniture", which allows women to succeed only at the extinction of all the male descendants in the male line of

11921-423: The mother of the reigning Queen Gowri Lakshmi Bayi of Travancore , had been adopted). Often, the wife or mother of a childless king were allowed to succeed to the throne as well and allowed to rule as queen regnants in their own right, until their death, after which the throne passed to the next closest relative. An early example of this is Queen Didda of Kashmir , who ascended the throne of Kashmir in 980 CE after

12052-472: The next generation could inherit, the principle of inherited rank in general was little used. Rather, Roman aristocracy was based on competition, and a Roman family could not maintain its position in the ordines merely by hereditary succession or title to land. Although the eldest son typically carried his father's name in some form, he was expected to construct his own career based on competence as an administrator or general and on remaining in favor with

12183-689: The nobility had no prospect of inheriting by death any property, and commonly sought careers in the Church, in military service (see purchase of commissions in the British Army ), or in government. Some wills made bequests to a monastic order for an already suitably educated, disinherited son. Many of the Spanish Conquistadors were younger sons who had to make their fortune in war. In the late 17th and early 18th centuries, many younger sons of English aristocrats chose to leave England for Virginia in

12314-581: The official end of the Wars of Scottish Independence, but it did not end the raiding and lawlessness along the border. By thene, such practices had become deeply ingrained in the culture and livelihood of the borderers, and persisted despite the formal cessation of hostilities between the two kingdoms. Between the end of the Wars of Scottish Independence (1357) and the Battle of Flodden (1513) there were intermittent peace agreements and an uneasy balance of power between England and Scotland. While no major wars erupted,

12445-448: The only surviving child of Louis X of France , was debarred from the throne in favor of her uncle, Philip, Count of Poitiers . After this it was declared that women could not inherit the French throne. Then in 1328, after the death of Charles IV , his paternal cousin, Philip, Count of Valois , became king, notwithstanding the claims of Edward III of England . By proximity of blood , Edward

12576-460: The original border region increasingly lawless, as local governance systems were abandoned, and the territory to the north remained de facto under Scottish resistance and control. This vacuum of authority contributed to the instability and lawlessness of the borderlands. David II's reign was marked by continued conflict with England during the Second War of Scottish Independence. In 1346, David II

12707-526: The particular legislator. Such were the cases of Bourbon Spain until 1833 and the dominions of Austria-Hungary , as well as most realms within the former Holy Roman Empire , i.e. most German monarchies. This was also the law of Russia under the Pauline Laws of 1797 and of Luxembourg until absolute primogeniture was introduced on 20 June 2011. There are various versions of semi-Salic law also, although in all forms women do not succeed by application of

12838-698: The perceived nature of the tasks and role of the monarch: a monarch/ prince (the latter means in Latin, chieftain) most usually was, first and foremost, a military leader, as in the Book of Numbers . Social norms pointing to kings further flow from making clear, first-generation survivors, so to avoid civil war . Lacking advanced healthcare and resource-conscious family planning , mothers faced high risk in enduring such regular childbirth . Also in pre-20th century medicine about 10% of women could not have children . Added to this, on any necessary remarriage from death in childbirth,

12969-689: The pretender to the Travancore throne is still determined by matrilinear succession. The Akans of Ghana and the Ivory Coast, West Africa have similar matrilineal succession and as such Otumfuo Nana Osei Tutu II , Asantehene inherited the Golden Stool (the throne) through his mother (the Asantehemaa ) Nana Afia Kobi Serwaa Ampem II . The preference for males in most systems of primogeniture (and in other mechanisms of hereditary succession) comes mostly from

13100-404: The proliferation of more humble fortified structures such as bastle houses and pele towers across the Anglo-Scottish borderland underscores the enduring instability of the region; they responded to persistent threats of raiding and violence, which continued even during periods of nominal peace. Elaborate nicknames , for which the border reivers were known, emerged early: the earliest known example

13231-565: The queenship upon turning 18. A ceremony to celebrate her anticipated queenship was officially held in 2018. In May 2021, however, the Royal Council announced that Masalanabo would instead be appointed khadi-kholo (great aunt). The late queen's son, Lekukela was installed in October 2022, becoming the first Rain King since the 18th century. In Kerala , southern India, a custom known as Marumakkathayam

13362-557: The rebellion culminated in the Battle of Shrewsbury (1403) , where Hotspur was killed. Despite two further rebellions, the 2nd Earl of Northumberland was restored as Warden of the Marches by Henry V. During this period, the Percy family consolidated their power in the north, notably absorbing the liberty of Redesdale from the Umfraville to Tailboys vassals in 1436. Despite this growing authority and

13493-474: The region was equally fragmented, with March law addressing cross-border disputes and raids, while state law and ecclesiastical law functioned in parallel. Disputes often arose between Wardens of the Marches , Keepers of the liberties, and local sheriffs, reflecting the constant struggle to impose order in this turbulent region. A similar system of overlapping jurisdictions existed on the Scottish side, though their liberties, known as regalities, generally lacked

13624-564: The responsibilities of the Wardenship, reports of "numerous robbers and felons called Intakers [receivers of stolen goods] and Outputters [smugglers]" continued to trouble the region. During the Wars of the Roses, the Percy family expanded their influence in the eastern regions, while the Neville family grew in power in Cumbria, fostering a bitter rivalry. The two families supported opposing factions in

13755-411: The return of fugitives, the recovery of debts, and the production of accused parties at designated trysting places along the border, such as Reddenburn near Kelso. These trysting places served as neutral meeting points for resolving disputes under the framework of March law. The formulation of March law followed a meeting in 1248 between six English knights and six Scottish knights, and the resulting code

13886-430: The rivers Esk and Sark , was the subject of contention until 1552, when its status was finally settled. Originally referred to as the "Batable Land"—a term derived from its use as fertile grazing ground—the territory was notable for an agreement allowing both English and Scottish borderers to graze cattle during the day, despite prohibitions on permanent settlement. Berwick-upon-Tweed , a strategically important town on

14017-452: The same kind of primogeniture as was in effect among males in the family. Rather, the female who is nearest in kinship to the last male monarch of the family inherits, even if another female of the dynasty is senior by primogeniture. Among sisters (and the lines of descendants issuing from them), the elder are preferred to the younger. In reckoning consanguinity or proximity of blood the dynasty's house law defines who among female relatives

14148-465: The same reason that it has generally taken place in that of monarchies, though not always at their first institution. Also known as agnatic primogeniture, is a system that excludes any female from inheritance of a monarch's principal possessions. Generally known in western Europe as an application of the " Salic law ". This rule developed among successions in France in the later Middle Ages. In 1316, Joan ,

14279-514: The same time, there were longstanding complaints to the Keepers of the Liberties about their failure to hand over criminals to the courts, as the liberties often provided sanctuary for raiders and fugitives. What had long operated as a de facto arrangement of protection for certain individuals appears to have been formalised into a de jure status through Edward II's policy. This immunity, combined with

14410-447: The strategic town. Additionally, it saw the Duke of Albany cede control over much of South West Scotland, although this concession proved short-lived, with the territory returning to Scottish hands not long after.. The Tudor period is often regarded as the heyday of the Border Reivers, characterised by persistent raiding, feuding, and lawlessness perhaps the worst the Borders had seen. However,

14541-473: The throne not for herself, but through her to her son, Edward . However, Philip VI of France took the throne and added another rule to illegitimize Edward, that being nemo dat quod non habet – one cannot transmit a right that one does not possess. A variation of this form of primogeniture allowed the sons of female dynasts to inherit, but not women themselves, an example being the Francoist succession to

14672-696: The throne of Spain that was applied in 1947–1978. A case of agnatic primogeniture is exemplified in the French royal milieu , where the Salic Law (attributed to the Salian Franks ) forbade any inheritance of a crown through the female line. This rule was adopted to solve the dispute over the legitimate successor of John I of France , the short-lived son of deceased Louis X of France in favour of Philip V of France (brother of Louis and uncle of John) over Joan II of Navarre (daughter of Louis and sister of John),

14803-490: The throne, and his own son receives a courtesy title but has no place in the line of succession. In the absence of nephews, nieces could also succeed to the kingdom, as in the case of Queen Gowri Lakshmi Bayi who was the queen regnant from 1810 to 1813. Since Indian Independence and the passing of several acts such as the Hindu Succession Act (1956), this form of inheritance is no longer recognised by law. Regardless,

14934-570: The throne, as a governing rule for the French succession. Although Salic law excludes female lines, it also mandates partible inheritance , rather than primogeniture. This rule developed among successions in France in the later Middle Ages. In the lands of Napoleon Bonaparte 's conquests, Salic law was adopted, including the French Empire , the Kingdom of Westphalia and the Kingdom of Holland . Other states adopted Salic primogeniture as well, including Belgium, Sweden, Denmark ( in 1853 ) and all of

15065-592: The time of the House of Stuart in the Kingdom of Scotland and the House of Tudor in the Kingdom of England . The term "Border Reiver" is an exonym and anachronistic term used to describe the raiders and bandits who operated along the Anglo-Scottish Border during the late Middle Ages and early modern period. The reivers, as we understand today, emerged in textual and archaeological evidence sometime between 1350 and 1450, with their activities reaching their height in

15196-417: The title before siblings and similar, this being termed "by right of substitution" for the deceased heir; secondly where children were only daughters they would enjoy the fettered use (life use) of an equal amount of the underlying real asset and the substantive free use (such as one-half inheritance) would accrue to their most senior-line male descendant or contingent on her marriage ( moieties ); thirdly, where

15327-670: The traditional, sole-beneficiary, right (such as French appanage ) or, in the West since World War II , eliminate the preference for males over females (absolute male-preference primogeniture). Most monarchies in Europe have eliminated this, including: Belgium , Denmark , Luxembourg , Netherlands , Norway , Sweden and the United Kingdom . The exceptions are Spain and Monaco (male-preference primogeniture) along with Liechtenstein (agnatic primogeniture). English primogeniture endures mainly in titles of nobility: any first-placed direct male-line descendant (e.g. eldest son's son's son) inherits

15458-504: The unstable rule of Edward II of England . The term was first recorded in 1313, when Richard de Kellawe, then Bishop of Durham, requested to be excused from levying any money from the goods of the parson of Whickham, citing the damage caused by "Schavadours and plunderers." The Schavaldours, like the later (and anachronistically named) Border Reivers, were often pressed into service during cross-border wars, such as those in 1350. The problem of banditry grew worse following Edward II's loss at

15589-620: The whole clan fed during a difficult winter, was a common part of warfare between Irish clans , as is often depicted in stories from Irish mythology , such as the Táin Bó Cúailnge and the Táin Bó Flidhais . Cattle raiding and selling protection against theft continued by Irish clan chiefs and rapparees , particularly against the estates of Anglo-Irish landlords, well into the 18th century in Ireland. Warfare between Scottish clans

15720-541: Was captured by English forces at the Battle of Neville's Cross and held prisoner in England for 11 years. His release was secured in 1357 through an agreement made in Berwick, which required Scotland to pay a massive ransom of 100,000 marks (£66,666 13s 4d) over ten years. Despite efforts to rebuild his authority upon returning to Scotland, David's reign remained plagued by internal divisions, financial difficulties, and periodic clashes with England. This Treaty of Berwick marked

15851-575: Was chosen by a small number of powerful prince electors from among Imperial magnates, while kings of Poland-Lithuania were elected directly by the nobility . Intermediate arrangements also exist, such as restricting eligible candidates to members of a dynasty (as is currently done in Cambodia ). Research shows that authoritarian regimes that rely on primogeniture for succession were more stable than forms of authoritarian rule with alternative succession arrangements. Scholars have linked primogeniture to

15982-554: Was closest related as eldest son of the sister of Charles, Isabella . The assemblies of the French barons and prelates and the University of Paris resolved that males who derive their right to inheritance through their mother should be excluded. This ruling became a key point of contention in the subsequent Hundred Years War . Over the following century, French jurists adopted a clause from the 6th century Pactus Legis Salicae , which asserted that no female or her descendants could inherit

16113-533: Was devastated by the contending armies. Even when the countries were not formally at war, tension remained high, and royal authority in either or both kingdoms was often weak, particularly in remote locations. The difficulty and uncertainties of basic human survival meant that communities and/or people kindred to each other would seek security through group strength and cunning. They would attempt to improve their livelihoods at their nominal enemies' expense, enemies who were frequently also just trying to survive. Loyalty to

16244-443: Was divided equally among all sons following a father's death; it could mean that the inheriting generation held insufficient land on which to survive. The Anglo-Scottish borders were shaped by centuries of territorial disputes, cultural integration, and overlapping systems of governance, resulting in one of the most administratively complex regions of medieval Britain. The origins of this complexity can be traced back to key events like

16375-438: Was formally promulgated the following year. Between 1249 and 1596, the laws of the marches were reviewed and recodified on at least eight occasions, reflecting their enduring importance in managing Border relations. The legal traditions referenced in these codes draw upon "the ancient laws and customs of the land," and some of the language, such as "handwasil" and "manbote," suggests Anglo-Saxon origins. The document itself refers to

16506-400: Was not only international but also intranational and intrafamilial, adding further complexity to the chaos of the time. While the term 'Schalvadours' disappears from records by the late 14th century, the violence and lawlessness that characterised the Border region continued for centuries. The emergence of what we now understand as "border reivers" can be traced to sometime between the end of

16637-536: Was often for very similar reasons and, during the 17th and 18th centuries, many Scottish clan chiefs would similarly operate an extralegal Watch over the cattle herds of the Lowland gentry in return for protection money , which Highland Chiefs similarly used to feed their tenants and clansmen. Any cattle that were stolen from herds under the Chiefs' Watch were either retrieved, or he paid for them in full. Cattle-raiding by

16768-555: Was practiced by the Nair nobility, the Malabar Muslims and royal families. Through this system, descent and the inheritance of property were passed from the maternal uncle to nephews or nieces. The right of the child was with the maternal uncle or the mother's family rather than the father or the father's family. Through this bloodline, surnames, titles, properties, and everything of the child are inherited from his uncle or mother. Almost all

16899-458: Was simultaneously adopted by the other Commonwealth realms that have the same monarch as their head of state. With respect to hereditary titles , it is usually the rule everywhere in Scotland and baronies by writ in the United Kingdom, but usually these baronies by writ go into abeyance when the last male titleholder dies leaving more than one surviving sister or more than one descendant in

17030-721: Was sold in marketplaces through the region. The Pokot and Samburu Nilotic populations in northwestern Kenya often raid each other for cattle. Violent cattle rustling has caused massive loss of lives such as the Monday 12 March 2001 raid among the Marakwet in Murkutwo Location, Elgeyo Marakwet County, suspected to have been caused by the Pokot . Conflict over pastures and cattle raids has been happening between Dinka and Nuer as they battle for grazing their animals. Cattle rustling

17161-584: Was the reigning queen of the Delhi Sultanate from 1236 to 1240 CE. Male-preference primogeniture is currently practised in succession to the thrones of Monaco (since 1454 ) and Spain (before 1700 and since 1830 ). Matrilineal primogeniture is a form of succession in which the eldest female child inherits the throne, to the exclusion of males. The Rain Queen of the Balobedu nation has been cited as an example of matrilineal primogeniture. Since 1800,

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