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THE

B O R D E R-H I S T O R Y

O F

ENGLAND and SCOTLAND,

DEDUCED FROM THE EARLIEST TIMES
TO THE UNION OF THE TWO CROWNS.

COMPREHENDING

A particular Detail of the Transactions of the Two Nations

with one another;

Accounts of remarkable Antiquities; and

A Variety of interesting Anecdotes of the mod considerable Families
and diftinguiihed Characters in both Kingdoms.

By the late
Mr. GEORGE RIDPATH, Minifter of Stitchill.

Reviled and published
By the Author's Brother, Mr. PHILIP RIDPATH, Minifter of Hutton.

LONDON:

Printed for T. Cadell, in the Strand ; A. Donaldson, in St. Paul's Church- Yard;
J. Balfour, in Edinburgh; and R. Taylor, in Berwick.

MDCCLXXVI.

TO HIS GRACE
THE DUKE OF

NORTHUMBERLAND.

MY LORD,

HA D my excellent brother lived to publifh the following
Work himfelf, I am perfuaded he would have fheltered
it under your Grace's patronage. He always exprefled
in the flrongeft terms his gratitude for the affability and
condefcenfion that were fliown him, when he did himfelf
the honour fometimes to wait on your Grace at Alnwick-
Caftle : and he has more than once obferved to me, that the
Duke of Northumberland would be in all refpects the moll
proper Patron, to whom he could wifli to dedicate thefe
Annals.

Among the diftinguifhed Families on the Borders, the Houfe
of PERCY will be allowed to have been one of the moll
eminent in either kingdom : and to whom could a Hiflory of
the Border-Wars with fo much proprie:y be inferibed, as to
the prefent illuftrious Reprefentative of that great Family i
Permit me, therefore, with all humility, to lay the following
pages at your Grace's feet, and to folicit for the labours

A 2 of

:1 V

DEDICATION.

of my lamented brother, the favourable acceptance of the

Duke of Northumberland.

Intermixed with the general Hiftory of the two nations,
your Grace will find many interefling events, that pe-
culiarly related to the Percy Family. Indeed, for many
ages, that martial race were fo intimately concerned in all
the great tranfactions of this country, that the following
Annals are, in fome meafure, a regular Hiftory of the Earls
of Northumberland, and form an almofl continued nar-
rative of the noble deeds and exalted characters of a Family,
which being originally fprung from Kings and Princes, hath
fince its fettlement in Britain produced perhaps more heroes
and illuftrious men, than almoft any other family in Europe.

The contemplation of their great atchievements will
however excite this reflection ; that although the ancient
fcenes of turbulence and confufion exhibited great abilities
to view, and brought heroes and warriors upon the ftage;
yet it is only in times of fecurity and quiet that mankind
enjoy the comforts of life : and as the former Earls of Nor-
thumberland acted a moft glorious part amidft the ancient
wars on the Borders; fo your Grace is much more happily
diftinguifhed for all the amiable and engaging qualities
which polifh and adorn a more tranquil period. To pa-
tronife fcience, to promote agriculture, to clothe thefe naked
and long neglected marches of the kingdom with extenfive
woods and plantations ; to reftore, with their fallen feats and
caftles, the hofpitality and magnificence of our ancient
barons, has been referved for your Grace ; and you will no

lefs

DEDICATION.

lefs be admired and revered in future ages, for thefe happier
arts of peace, than your heroic predeceilbrs for their martial
talents.

That your Grace, and your moll amiable and illuflrious
Conforr, may long adorn the exalted rank you fo worthily
pollers ; and continue to be juftly celebrated, as the diftin-
guifhed patrons of learning, commerce, and of every elegant
and ufeful art ; and that your noble defcendants may to the
moft diflant ages tranfmit your honours, and following your
examples, may Hill add new luflre to their high extraction,
is the lincere and ardent wifh of,

MY LORD,

Your Grace's

Moft obedient, and
Moft devoted

Humble fervant,

PHILIP RIDPATH.

■

RE F A C E.

THE Borders of the united kingdoms of England and Scotland were,
from their fituation, the fcenes of the military enterprifes and exploits
that happened betwixt the contending nations. They were likewife the fcenes
and objeftfi of many a tranfaction of a civil nature; particularly, of the nego-
ciation and conclulion of a very great number of treaties of peace and truce.
A re r narrative, fupported by the beft authorities, of the remarkable events
exhibisod upon the frontiers of the two kingdoms, is, in the following Work,
offered to the Public.

The relations of the military tranfactions are compiled from the mofl
authentic hiftorians of England and Scotland, and all along connected with
fo much of the hiftory of both nations, as feems neceffary for under-
ftanding their circumftances, caufes, and confequences ; and for conveying to
the reader, a knowledge of the characters of the principal perfons concerned in
thefe fcenes of ftrife. Aware of the prejudices of the hillorians on both fides,
the Author has been upon his guard, and has endeavoured to conduct his
narrative of the Border- Wars with the ftricteft impartiality. And indeed it
required all his caution and prudence, qualities which he eminently poffeffed,
to avoid giving offence to either people, and to fleer with fafety through fo
uncertain and difficult a period.

"With regard to the civil tranfactions that happened upon the marches, the
Author's account of them is chiefly taken from the valuable collection of
archives publifhed by Mr. Rymer. This collection contains a feries of treaties
and original papers relating to the borders, many of which have been but
imperfectly considered, and in various inftances mifreprefented, even by the
more accurate and voluminous inquirers of both kingdoms, whofe negligence in
this refpect feems to have arifen from their attention to objects of a more general
and interefting nature. The above-mentioned treaties, and thofe publifhed
by Dr. Nichollon in his Border- Laws, the Author did therefore perufe, with
the greateft care, and gives, it is hoped, a more accurate and better connected
account of them than hath hitherto appeared ; by which feveral miftakes com-
mitted by the moft exact compilers of the Scottifh and Englifh hiftories are cor-
rected, and many of their defects fupplied.

The Author hath all along illuftrated his narrative with notes, in which he
has taken great pains to adjuft dates and to remove doubts and difficulties ;

4 and-

PREFACE.

and hath likewife enlivened them with anecdotes relating to remarkable perfons
and antiquities, which could not with any propriety be received into the text.
Thefe fhort difcufiions and anecdotes, may probably appear to many readers,
the moft entertaining, and not the leaft uleful part of the work.

As the firft intention of the Author was to publifh the hiftory and antiquities
of Berwick *, and of the neighbouring country on the eaftern border; it mull
be obferved, that the original defign had fo far engroffed his time and atten-
tion, that the events on the Eaft Border are related more circumftantially and
at large than thofe on the Weft.

It is indeed to be regretted, that the Author did not live to give his finifh-
ing hand to his Work, and to publifh it himfelf. But the Editor would fain
hope, that the Border- Hiftory partakes of fewer difadvantages than moft pofthu-
mous performances ; as it is the fruit of many years incefiant application, and
as the Author was fcrupuloufly exact in executing every part of his laborious
undertaking with all poffible accuracy.

The Editor thinks himfelf obliged to inform the reader, that in the Author's
MS. there was a gap of about twenty years of a very bufy period on the
Borders, in Edward the Third's time, iubfequent to that prince's coming to
the North to befiege Berwick. This deficiency the Editor was under a necef-
fity of fupplying, which he confidered as a very difficult talk ; but fortunately
difcovered among the Author's papers, fome notes that were of great ufe in
filling it up. Some fmaller omiffions he has likewife fupplied ; and has added
feveral notes for the illuftration of the text where he thought they were
wanted.

" The Author publifhed, in 1764, propofals for printing by fubfcription, the Hiftory and Anti-
quities of Berwick, and of the neighbouring country on each fide of the eaftern border of Scotland
and England (by which he meant Benvickftiire, or the Mers, with fome of the eaftern and
northern parts of Roxburghfhire, on the fide of Scotland ; and thofe parts of Northumberland and
the county of Durham, extending fouthward as far as Bamborough and Alnwick, on the fide of
England) : But he afterwards enlarged his plan, and compofed the following extenfive work.

THE

BORDER- HISTORY

O F

ENGLAND and SCOTLAND.

BOOK I.

IT is agreed by the ableft inquirers into the hiftory of antiquities of Bri-
tain, that the firft accounts of the ifland, that deferve any credit, are
given us by the Romans. Nor did thefe conquerors penetrate into the
more northern parts of Britain, before the time of Julius Agricola, who *• D - ?s.
commanded the Roman forces under the Emperor Vefpafian. This illuf. Agric.^*! «,
trious general began his conquefts, by fubduing the warlike inhabitants of ie -
North-Wales, and the Ifle of Anglefey. He afterwards reduced the country Rom.'p.^i.
north from Chefhire to the Solway Frith ; and from thence to the mouth of the
Tyne erected a chain of forts, which were afterwards conneded by the
wall of Adrian, and contributed much to its ftrength. In his third cam-
paign, which was in the 8oth year of the chriftian sera, he entered the
country which was afterwards called Scotland, and penetrated as far as the viu A 6" c *
Frith of Tay *. He appears to have marched through the high country, °'
which lies to the weft of the Eaftern Lowlands of Scotland ; and at proper
places in his progrefs erected forts, by means of which, he maintained,
through winter, the ground he had gained in fummer. His fourth cam- a. d. i t ,
paign was employed in thoroughly fubduing and fecuring the countries to Tacit. v; t .
the lbuth of the Friths of Forth and Clyde; for which purpofe he erected A e ric - c -*3»
a chain of forts between thefe Friths, by means whereof, and the Friths
themfelves, the Northern Britons were Ihut up as it were in another ifland -f-.
It is probable that, by thefe conquefts of Agricola, the people inhabiting
the country which afterwards became the borders between Scotland and

* The words of Tacitus arc, Vajlatis ufque adTaum (trjluario nomtn e/lj nationlbus S.ime un-
derftartd by Taus, Tweed ; but if Tweed were meant,, the name of Ejluary or Frith would
»iot be juftly applied to it. Befides, the account Tacitus gives of Agricola's employment in his
fourth campaign, fhews that he had penetrated in the former far beyond the Tweed

T It is evident, from various urqueftionable authorities, that many ancient writers confidered
this part of Scotland, as a diilin<St ifland, giving it the name of Hibernia or Ierne. See Good-
all's learned Preface to the laft edition of fojdun.

B England j

2 THE BORDER-HISTORY OF

England; together with the adjacent provinces, betwixt the territotks. of
the ancient Brigantes * on the fouth, and the Friths of Forth and Clyde
in the north ; were brought into fome degree of civilization, and firil taught
to abandon their rude and wandering life, in order to dwell in towns and
fixed habitations. This great commander employed his three following
campaigns, in exploring by his fleet the coafts of Scotland and the ad-
jacent ifles, and in profperous, though difficult expeditions, againft the brave
a. d. 85. Caledonians, the inhabitants of the country to the north of the Friths ; and
had not the jealous tyrant Domitian put a flop to his progrefs by a fudden
recall, Agricola would have probably had the glory of making a complete
reduction and fettlement of the whole ifiand of Britain under the dominion
of the Romans.

What Agricola had fo nearly effected, doth not appear to have been
farther purfued, either in the remainder of Domitian's reign, or in the
fucceeding ones of Nerva, Trajan, and Adrian. It is probable, that the
terrible defeat given by Agricola to the Caledonians under Galgacus, was
followed by fuch weaknefs and confirmation, as prevented any formidable
a. d. 121. attacks upon the Roman province for a confiderable time. But when Adrian
made his progrefs into Britain about thirty-fix years after, he either thought
it fo difficult to maintain the chain of forts which Agricola had ereded be-
tween the Friths, or judged Northumberland and the fouthern parts of Scot-
land to be of fo little value, that leaving all that country open to the Bar-
spartian bit. barians, he raifed the famous rampart of Turf 73 miles in length, from
*"£• p- ,v>- t h e Frith of Solway to near the mouth of Tyne, for the fecurity of the
fouthern and more valuable parts of the ifiand.

About the beginning of Amoninus's reign, the northern Britons having
invaded fome part of the country adjacent to Adrian's rampart, and which
Capiioiiws. ftill continued under the protection of the Romans, they were repelled by
Paufan. in Lollius Urbicus, and this general, in order to prevent the like incurfions, and
Bnt'iW2 fl 5<h to re-eftablifh the dominion of the Romans, in the country now called the
scotk inferip- South of Scotland f, erected an earthen rampart refembling that of Adrian,
,10n ' along the tract between the Friths of Forth and Clyde, where Agricola had

a. d. 140. kuii,. his forts about fixty years before. The geographer Ptolemy, who
Ga ! e ' t shi o ^ Bric - wrote in the reign of Antoninus, mentions feveral regions and towns, in his
p. C 738, 7S4. '" defcription of the fouthern part of the ifiand. Of thefe Tuefis or Tuafis is
thought by fome to have been the ancient Berwick upon Tweed, bearing that
name in common with the river; but the fituation of the place, as defcribed
by Ptolemy, is not confiftent with this opinion.

During the forty years that fucceeded, wherein the two excellent princes
c»pitoiinus. Antoninus Pius and Marcus Aurelius governed the Roman empire, there is

* The Brigantes were the inhabitants of Yorkfliire, Lancalhire, Weftmoreland, and Cumber-
land : but the inhabitants of the Lowlands of Scotland were, before the Romans came thither,
either dependents or vafTals of the Brigantes ; or at lead confederates with them, and of their
race, having the fame divinity for their particular patronefs, as appears from the infeription of
an altar dug up in Scotland, and inferibed to the goddefs Briganta.

•f Paufanias, in his account of this matter, feems plainly to give the name of Brigantes to
the inhabitants of the South of Scotland. Goodall's Preface to Fordun, c. H,

2 only

Camden.

ENGLAND AND SCOTLAND.

only a general mention of a war with the barbarous nations in Britain, whofe
commotions were happily fuppreffed by Calpurnius Agricola. But Com- a.d. iSo.
modus, the degenerate fon of the laft named of thefe emperors, had not
long held the reins of government, until Britain fhared in thofe diforders that
naturally arofe throughout the dominions of fo abandoned and diflblute a
monfter.

The * Caledonians breaking through one or both of the walls deftroyed the D: °*
Roman army, flew their general, and committed terrible ravages in the pro-
vince. Ulpius Marcellus, a man of iuch eminent virtue and talents, that
nothing but extreme necefllty could have engaged Commodus to employ him,
was fent over into Britain to quell thefe diforders ; and his fuccefs in this
work was foon fo complete, that, in confequence of the defeats he gave the
invaders, Commodus aflumed the title of Britannicus ; and the Roman part
of the ifland, during the reft of his reign, though difturbed by fome A ' D ' lSj *
mutinous commotions of the foldiery, doth not appear to have fuffered any
more from the incurfions of the Barbarians.

The diflblute prastorian bands, dreading the fevere difcipline of Pertinax, A D ,„
the fucceflbr of Commodus, put him to death, after he had reigned three
months ; and having expofed the empire to fale, found a purchafer in Didius
Julianus, whofe riches were his only merit. The armies in the different
provinces, incenled at thefe proceedings, did, much about the fame time,
confer the dignity of Emperor on three different generals. Of thefe Sep-
timius Severus prevailed over his two rivals Pefcennius Niger and Clodius
Albinus. Albinus commanded the forces in Britain ; and having carried over Herodian. l. 3,
a great number of them into Gaul, he was defeated in that province by
Severus. The latter immediately fent over Virius Lupus as his proprastor
into Britain, to repel the Barbarians, who, by the diminution of the ufual
defence of the Roman province, might have been tempted to invade it.
Lupus found on his arrival, that the emperor's apprehenfions were juft,
the Caledonians and Mseatse having committed confiderable ravages in the
Roman province ; but, not having fuffkient force to reftrain or revenue
thefe injuries, he made peace with them. It is on this occafion that we firft D ; in,.
read of the Mieatae f, who appear to have inhabited the lower lands of eT ' he °io(w,

Scotland, can!'"

* Horfley thinks it mod probable, that the feat of this war was chiefly between the two walls
of Adrian and Antoninus Pius. He oblerves, that it is probable that the Caledonians had broke
through the wall of Antoninus Pius not long afcer it was erected, and that this may be the reafon
of our meeting with no infcriptions there, but what belong to that reign ; at leait no other
ejnperor is expref>ly mentioned but the firlt Antoninus, nor is there any certain date but what
relates to his time. Brit. Rom. p. 53.

+ Their name is derived from the Britilh word meatb, a plain. Dio fays, they had no towns ; but
it is evident from Ptolemy's geography, that there were fome towns at that time in the South of Scot-
land. Dio alfo mentions Severus's returning, after he had made peace with the Caledonians, into the
country of friends or allies, (as tvj 0Oj XI ) which Carte interprets of the country between Adrian's wall
and the Friths, which though not reduced into the form of a province, was inhabited by people that
were dependants and allies of the Romans. [But why may not piW denote the Roman province
itfelf ?] But that the inhabitants of this country were the Msatre of Dio, is inferred from his
faying, That, at the time of Severus's expedition, " there were two nations of the Britons that
," remained unconquered, the Caledonians and the Msatjc, whereof the latter dwelt next the

B z « wall

% THE BORDER-HISTORY OF

Scotland, while the mountainous parts were poffefTed by the Caledonians ;
but it is doubted whether thefe Maeatae were the inhabitants of the South of
Scotland or of the lower tracts of country to the north of Edinburgh
Frith ; although the former opinion feems more probable. The ancient
hiftorians defcribe the Caledonians and Mseats as entirely refembling each
other in their manners and cuftoms, both in war and peace. Their arms
were the fame as thofe ufed by their anceftors in the time of Agricola. For
offence they were provided with a fhort fpear, a broad fword, a durk, and
javelins; for defence they had nothing but a fmall target. They lived in
tents, having no houles, towns, or tillage. Hence their food was chiefly
the milk, and flefh of their cactle, and the game they took in hunting, to-
gether with the roots and fruits that the foil naturally yielded. They are
faid to have had fome fort of food, or rather medicine, a quantity of which
no bigger than a bean, prevented all fenfe of hunger and thirft; and this
they made ule of in their long marches. They abstained totally from fifh,
though their feas and rivers produced it in great plenty. Inttead of drefs,
they painted their bodies, which were moftly naked, with the figures of va-

B;on. rious kinds of animals. They had * wives in common ; and property in other

ujerom. matters was very little regarded by them. They were fwift and lure of foot ;
patient of toil, hunger, thirft, and other hardihips. They had horfes fmall
but fleet, and retained their ancient cuftom of fighting in chariots. In
almoft all thefe particulars, and alio in their language, they refembled
the Brigantes, with whom they appear to have been originally the fame
people.

After the peace which had been concluded with thefe Barbarians had
continued about ten years, they renewed their attacks upon the Roman pro-
vince, and were at firft repulfed by the Roman generals, but returning again

Kero^.an. 1. 3. t0 ^ cnar g e w | t h redoubled fury, they diftreflfed the Roman forces fo much,
that the governor was obliged to requeft frefh fupplies to be fent him. This

Dio, 1. 76. engaged the emperor Severus, a prince of a martial fpirit and great talents,

* 1 n .„« to undertake in perfon an expedition into Britain. The reftlefs Barbarians,
filled with terror on hearing of the emperor's arrival in the ifland, fent am-
baffadors to fue for peace ; but Severus having detained them, until he was
ready to begin his march, fet out with a mighty army, refolving to pene-
trate to the moft diftant fhores of the ifland. He was fo diftrefled and in-

'* wall that divides the ifland into two parts, and that the Caledonians were beyond thefe."
Now, according to Tacitus, the country of the Caledonians began from Antoninus's rampart ; and,
therefore, the M.-eati mull have lain between the walls of Adrian and Antoninus. That the
poiTeffion ihe Romans had of the country between thefe walls was very fhort and uncertain, and
that Adrian's rampart or Severus's wall was the moft ufual boundary of the Roman province, is
inferred from various infcriptions, found in the ftations upon that wall or near it, relating to both
former and latter emperors, while there are no fuch evidences of lading Roman fettlements in
the country adjacent to the rampart of Antoninus* Carte, p. 14.1, Horfley, p. 73. Goodall's
Preface to Fordun, c. 8. Innes's EiTay, c. 2.

* That the Caledonians had wives in common, the author relates upon the authority of Dio
and St. Jerome ; and Casfar gives much the fame account of the Southern Britons : there is fome
reafon, however, to think, that their opinion is unjuftly founded on the promifcuous manner of"
living in thofe nations ; fo very much different from that of the Romans.

firra

A,D. icS,

r ENGLAND AND SCOTLAND. 5

firm with the gout, that he was obliged to be carried in a litter-, but the

vigour of his mind, and the feverity of his difcipline, overcame all difficulties.

By the continued hard labour of his foldiers, he opened or made ways over

mountains, and through forefts and morafles *. At laft, returning from his

tedious progrefs, in which he had employed many months, he gave peace

to the Barbarians, on their yielding up their arms, and part of their country.

But that he did not confider this acquifuion of territory as fecure, or of

much value, appears from his contenting himfelf with ftrengthening the

ancient defence of the Roman province, which Adrian had erected, by

building a (tone wall in the neighbourhood of that emperor's rampart. Spart; an .p. 3^5.

This work was completed in the year before he died, and is celebrated by an a. D. zio.

ancient author as the chief glory of his reign j.

The death of Severm, which happened at York, was probably a deliver-
ance of the northern Britons from utter deftruction. For before he died,
encouraged, as is likely, by the accounts they had of the declining ftate of
his health, they had violated the late peace, and renewed their hoftile in-
curfions. Severus lent out againft them his eldeft fon Baflianus, firnamed
Caracalla, with orders to fpare neither age nor fex ; but the emperor foon
after dying, his fon, eager to afllime polTeffion of the empire, made peace
with the Barbarians, by reftoring to them the country J they had yielded to
his father; and he and his brother Geta, foon after let out to accompany d;o ,
their father's afhes to Rome. Hc'odian.'

The affairs § of Britain are fcarce mentioned by hiftorians, from the time
of this expedition of Severus, until the reign of Dioclefian, which was an a. d. *u.
interval of more than feventy years. Soon after Diocletian's acceffion to the £ urel - vutor *
empire, Caraufius, by birth a Menapian or Batavian, of low extraction, e2, Paneg,
became fo formidable, by the riches he acquired in the command he had over 9 "
the Roman navy, which was {rationed at Boulogne, for the defence of the
coafts or feas of France and Britain, againft the northern Barbarians, that
Maximian, Dioclefian's colleague in the empire, gave orders to feize and put
him to death : Caraufius, informed of his danger, pafled over to Britain ;
where by bribes and careffes he attached wholly to his interefts the legion
and auxiliary forces there ftationed, and, with their approbation, aflumed
the purple. The power and fuccefles of Caraufius at fea, made it fo dif-
ficult for Maximian to accomplifh a defcent on Britain, or to defend the
neighbouring coafts againft his attacks, that he was glad to conclude a peace

* What part of their country this was is not dear ; ii is probable it was the South of Scotland,
or the country between the walls. Hoifley, p. 62, 63.

+ It was this emperor alfo who divided the Roman province into two governments or prefec-
tures, called Britannia Superior and Britannia Inferior; the former containing the more fouthern
counties of England and the principality of Wales, and the latter the counties to the north of
thefe, fo far as the Roman dominions extended.

% This, 'tis likely, was the country between the wa'ls, except a few advanced Itafions ; which,
by the Itinerary, probably written in the time of Caracalla, appear to have been retained by the
Romans.

§ Of the thirty tyrants, by whom the empire was torrvto pieces about A. D. 260, Lollianus,
Viftorinus, Poithumus, the Tetrici, and Matius, feem to have been governors of this ifhnd; their
coins being daily found in it in great plenty. Camden's Iutrod. p. 90, Horfley, Br. Rom. p. 68.

with.

A.D. 2ZS,

Hiftor, Br.

p. ioj. Ed. Gale

A.D. 293?

Eumen, Pancg.
2.

A.D. 306.

Am. Mar.
Excerpt.

Coilus. Eum.
Pan, 9.

Praffefli
Prstorio,

See above, p. 5.

Magiftri Mili-
lum,

Camden, In-
trod. p. 95.

T H E 1 R a-R DER -HISTORY OF .

with him, on the hard terms of acknowledging him as a partner in the em-
pire with Dioclefian and himfelf. Caraufius, thus fixed in the feat of govern-
ment, exerted his power with great conduct and vigour for feven years.
He repelled the northern Barbarians, and according to Nennius, repaired the
rampart between the Forth and Clyde, erecting i'even new callles to increafe
its ftrength.

Allectus, one of Caraufius's officers, having put his mailer to death,
feized the government of Britain, and after having re;ained it three years,
loft his life, in repelling an invafion of Conftantius Chlorus, the father of
Conftantine the Great. The emperors Dioclefian and Maximian had raifed
Conftantius and Maximian Galerius to the dignity of Casfars ; and in the
divifion, which was made at that time of the empire, Britain was a part of
Conftantius's (hare ; the death of Allectus having put him in poffeffion of
the Roman province in that ifland. He reigned over it all the reft of his
Jife, much beloved by his fubjects for his great and amiable qualities. Even
the northern people gave him no difturbance, until the laft year of his reign,
in which he made a fuccefsful expedition againft them, and afterwards died
at York.

Conftantius, about fifteen months before his death, upon the refignation
of Dioclefian and Maximian, had, in conjunction with Galerius, been railed
to the dignity of Emperor. He declared, on his death-bed, his lbn Con-
ftantine his fuccelTor, who was acknowledged as fuch by the army im-
mediately after his father expired. Helena, the mother of this eminent per-
fon, was a native of Britain ; and is faid to have been the daughter of Coil a
Britifti prince *, in alliance with the Romans, whole dominions molt probably
lay in the South of Scotland. Conftantine, by force, money, or addrefs,
quickly compofed the diforders on the frontiers of the province ; and Bri-
tain, during the reft of his reign of thirty years, feems to have remained in
peace. Under Conftantine's government, the administration of civil and
military affairs in the empire was new modelled -, and of confequen.ee new
charges and titles of authority were introduced into Britain. The civil
affairs f of the empire being managed by four chief prefects ; thofe of Bri-
tain were under the direction of the prasfect of Gaul, who exercifed his
office here by a deputy or vicar. Under this chief deputy, were two other
confular deputies, one for each of the provinces, poflelled by the Romans;
and thefe latter deputies had under them three judges called Prefidents, who
determined all caufes criminal and civil. The military affairs of the weftern
empire were under the direction of two Majlers of the Soldiers, one of the
horfe, and another of the foot. To the latter belonged the department of
Britain •, and the officers he had in that ifland immediately fubject to him,
were, the Count of Britain, the Count of the Saxon Shore in Britain, and the
Duke of Britain. The firft had the command of the forces in the interior

* The diftridt of the fhire of Air, called Kyle, is thought to have borrowed ics name from this
prince.

•f- This account given by Camden, feems to have been taken by him (fays Horfley) cliii-fiy
from the Notitia, and Pancirollus's annotations on it. According to Horfley's obfervations, it is
not altogether correct. Br. Rom. p. 71.

part

ENGLAND AND SCOTLAND. 7

part of the country, the fecond was charged with the defence of the coaft
againft the Saxons, and the' lail with the defence of the northern marches ■:
againft the Barbarians. This Duke of Britain, had the command of thirty-
eight garrifons, confining of fourteen thoufand foot and nine hundred horie •,
which was more than two- thirds of the whole Roman forces in the ifland.
There is little evidence of any coniiderable progrefs made by Chriftianity in thecme.
Roman province, before the reign of ConAantius and his fon Conftantine ■,
the former of whom ihewed great favour to Chriftians, and the latter openly
profefied their religion. The Britifli church in the time of Conftantine had
grown fo confiderable, that bifhops were fent from it, to attend councils on
the continent.

Upon the death of Conftantine in 337, Britain, in confequence of the
di vifion of the empire made by that emperor among his three ions, became
fubject to Conftantine, the eldeft of them. This prince being ilain about a d. 340,
three years after, in a battle with his brother Conftans near Aquileia, the t-ibanius.
latter obtained the pofiefiion of Britain, together with the reft of the weftern Am Mar
empire. Conftans after having reigned about ten years, was depoied and
flain by Magnentius ; and this cruel tyrant having kept the weftern empire
in fubjection about four years, was overcome and purfued to deftrudlion by
Conftantius, who, in confequence, became mailer of the Roman empire
in its whole extent, and continued fo to his death, which happened feven
years after that of Magnentius. Julian, the coufm of Conftantius, and who, a. d. 361.
before the death of the latter, was far advanced in the enterprife of de-
pofing him, was his fuccefibr in the whole empire ; but after enjoying it about a. d. 363,
twenty months, was flain in his expedition againft the Perfians ; and in him
ended the imperial line of the family of Conftantine. The hiftory of thefe
emperors contains very few events relating to Britain. It is however in this
period that the Scots begin to be mentioned along with the Pifts, as di-
ftreffing by their incurfions the Roman province. Conftans made an expe- Amm ' an<
dition againft them in the year 343 : and the year before Conftantius's death, Ai D> . e<3t
Julian fent over Lupicinus, a man celebrated for his military talents, to de-
fend the province againft the fame invaders *.

Jovian,

* The Scots arc, after this period, mentioned by hillorians as the allies of the Pifls, and as
almoft always combined with the latier in their irtcurfions into the Roman province. The novelty Innes'sCrit. ti"
of their name, and their being firft heard of about this time, gives countenance to the opinion of p> 53S,— 544.
their having pa/Ted over from the continent into Britain, in fome of the migrating fhoals fo com-
mon in thofe days. The conformity of their language, manners, and cultoms, to thofe of the
old Irifh, fliew thefe latter and the Scots to have been originally the fame people ; and the Trill;,
as their traditions report, derive their anceftors from Spain. What renders this probable is,
that in the ancient names of fome places and people fettled in the north of Spain, there are
veftiges of a Scythian extraction : and this leads alfo to a probable etymology of the name of
Scott, which differs not much from Scytba or Scythe. Camden obferves, that the Brkons,
in their ancient tongue, call both the nations, Scytbs and Scots, by the fame name. And the
Germans, as it is remarked by Inr.es, name the Scytbs and Scots by the fame word Scutten. The
name of Scots, for a long time, was given promifcuou/ly to the Irifh, and to the inhabitants of
the weftern highlands and ifles of Scotland, and the country of the former was alfo called Scotia.
The Scottifh hillorians derive Fergus their firll king from Ireland ; and Rede, who is feveral
centuries older than the oldeft remaining hiftorians of the Scots, and by his vicinity to Scotland Hlffr Ecc ' b > u

had* ,#

8 THE BORDER- HISTORY OF

Jovian, the fucceffor of Julian, after reigning only eight months, was fuc-
a.d. 364. ceeded by Valentinian ; during whofe reign Britain continued to be more and

Preface to
Temora

Edw. Llhvvd.

Camden's
Britan.

had accefs to know the traditions prevailing amongft that people in his time, relates, that th;
Scots of Ireland, paffing over from that ifland, under the conduit, of Reuda, obtained from the
Picts, either by force or frientijhip, the country that they afterwards poffeiTed. According to the
fame author, the Picts came originally from Scythia, which may well enough be underltood to
denote Denmark, Norway, and the other countries round the BaUick ; and took pofleffion of the
northern parts of Britain ; to which the Britons, the inhabitants of the fouthern parts, and who
came originally from Gaul, had not yet extended themfelves. The Picts, in their migration,
having been driven round the north of Britain, on the coafts of the Scots in Ireland, were directed
by them to fettle in the vacant part of the great ifland they had left behind them, to which they
accordingly returned ; the Scots are alfo faid to have given them their daughters for wives, which
was the beginning of a clofe and lading alliance between the nations.
Goodall'sPreface Againft thefe traditions, which mud be allowed to very vague, and in fome refpects improbable,
to Fordun.p. 7. are brought as evidences of the internal kind, that the Scots and Piets were originally from Gaul,
as well as the Britons; and that probably they were the firft colonies that came from that country,
and were driven northwards by others of the fame race who fucceeded them, and by the Roman
conquefts. Their name of Caledonians, the moil ancient of the names given them by the Roman
hiftorians, denotes Gauls or Celts of the Hills. The people themfelves call their language Galic.
Many Celtic words aie found in it. Their country they call Albin, and themfelves Albanich,
from the mcit ancient known name of the ifland. It is affirmed by thofe who are acquainted with
their language, that when compared with the Irifh, it bears evident marks of being the original
tongue, and that the Irifh is only a dialed of it. There is no veflige of any tradition amongft them
of their having came over from Ireland. On the contrary, their mod ancient poems, which in the
main feem to be founded on truth, derive the northern Irifh from them. In the inconfiderable
remains alfo of the Pictifh language, in the names of fome of their kings, and of the rivers and
mountains of their country, there are the fame traces of a Celtic extract : whence it is inferred,
that the Scots and Picts were originally the fame people ; but in procefs of time, became con-
fiderably different, in their manners, cultoms, and dialect, from the difference between the
countries they inhabited, and the different kind of life which, in confequence thereof, they led.
The nature and pofuion of the country of the Picts made them alfo much more liable than the
Scots to admixtures of other people ; and it is conjectured that great numbers of the fouthern Britons,
taking refuge amongft them from the Roman tyranny, taught them the cultom of painting their
bodies, which was never done by the ancient inhabitants of the Highlands, and was difufed by
the provincial Britons after their becoming fubject to the Romans. And hence, from this cultom,
the lowland Scots were by the Romans called Picts.

There is another etymology given us of the names, Scots and Picts, by the Rev. D'. M'Pher-
fon, in his Critical Diifertations, which the author would have probably taken notice of in the
foregoing note, had the Doctor's book been publiihed when he was employed in this part of his
work.

This ingenious author obferves, that in the Galic tongue Sccde fignifies a corner, or fmall di-
vision of a country ; that Scot, in the fame language, is of much the fame import with little or
contemptible; and that Scottan, literally fpeaking, fignifies a fmall flock, and metaphorically, it
Hands for a fmall body of men. For fome one of the reafons couched under thefe difparaging
epithets, he thinks it probable, that the Picts, who were at firlt more numerous and powerful than
the Caledonians, gave the opprobrious appellation of Scot to the anceltors of the Scotifh nation.

With regard to the Picts, he informs us, that the Highlanders who fpeak the ancient language
of Caledonia, exprefs the name of that once famous nation who were at laft fubdued by the Scots,
by the word Piflijb; and that one of the ideas affixed to the word PiBJich or Piftijh, is that
odious one which the Englifh exprefs by the word plunderer, or rather thief; and therefore he
thinks it not unlikelv, that their neighbours may have given that title to a people addicted 10
theft and depreJjtion. See M'Pheribn's Difleitations on the Antiquity, Sec. of Scotland,
p. 107, 108, 111.

The Rev. Mr, Whitaker, a learned antiquarian, and a man of genius and penetration, in
his "rnuine hitlory of the Britons afferted againft Mr. M'l'herfon, gives a very probable account
of the fir ft peoplin? of Britain and Ireland, and of the etymology of the names of thefe iflands
and their ancient inhabitant*.

According

ENGLANDANDSCOTLAND. a

more infefted by Barbarians. The Scots and Picts, combined with the Am-nian, I. *i.
Atacotti and Saxons, over-ran the whole province ; committing every where
tht molt dreadful depredations. Neclaridius, the count of the tea coaft, and
Fullofaudes, the imperial general, together with a great part of the Roman
forces under their command, were flain by thofe invaders. The emperor
informed of thele difafters, after trying in vain fome other methods to
reftore quiet and fafety to his Britifh dominions, found himfelf obliged to fend
over Theodofius, the father of the emperor of that name, at the head of a
confiderable body of good forces, both legionaries and auxiliaries. Theo-
dofius was one of the mod illuftrious commanders of that age ; and added
greatly to his fame, by the addrefs, activity, and refolution he difplayed, in
repelling the'Barbarians, and reftoring peace and fecurity through the Britifh
province : he purfued with unremitting vigour the invaders both by land
and fea; until he had fully recovered .all that the Romans had ever polTeiTed
in the ifland. He repaired the walls and forts on the northern frontiers; and a. d. j6j.
having fubdued and fettled in peace the country betwixt the wall of Severus
and the rampart of Antonine, which had been for fome time pofiefled by
the Barbarians, he added it as a fifth province to the * four, into which the Ammian. ibid,
fouthern part of the ifland was divided. A particular prefident or governor
was fet over it ; and by order of the emperor it received the name of
Valentia f. The late calamities of the Roman province had been very much
owing to the negligence and corruption of the perfons intruded with its
defence ; of whom none were found more guilty, than thofe employed on

According to this author, Britain was peopled from Gaul, about iooo years before the Chriftian
sera commenced ; and Ireland received its firlt inhabitants from Britain about 350 years before
Chtift, and was afterwards fupplied with frelli Iwarms of people from the fame country. The
firit fettlers in Ireland, originally denominated Gael and Briton 1 , Mr. Whitaker obferves, received
the defignation of Scott as the difcriminative mark of [heir emigration from Britain. To this
day, ha fays, the Irifh diilinguilh the Scottim language, by the title of Scot-bbearla, and the
Scottilh nation by the name of Kin fcuit. And Scuite, he add.% fignifies in the Irifh of the
Highlands of Scotland at prefent, an emigrant, a wanderer, and a refugee. Mr. Whitaker farther
informs us, that a colony of Scots from Ireland, under the command of Fergus, fettled in
•Argylefhire and the counties adjacent, with the abfolute confent of the Caledonians, the ancient
inhabitants of the country, in the year 320 ; and firft fixed the appellation of Sco:s in the ifland
of Britain; by which name the whole inhabitants of North Britain were afterwards diftinguiflied.
The fame author gives an etymology of Pi3, different from that of Dr. M'Pherfon. See
Mr., Whi taker's arguments and authorities in the work above mentioi ed, and in his Hiilory of
Mancheiler.

• The names of the four provinces into which the Southern parts of Britain were divided,
were, Flavia Caefarienfi , Britannia Prima, Britannia Secunda, and Maxima Cajfarienfis. When
this divjficn took place is not certainly known.

f Camden (Vol. II. Brit. c. 1047). Gale and others, are of opinion, that Valentia was the
South of Scotland, together with Northumberland ; or the country between Severus's wall and
the Friths of Forth and Clyde: but to others it feems more probable, that Valentia was fome
part of the country next to the wall on the fouth, which the Barbarians had feized and Theo-
dofius recovered. This opinion is favoured by the Notitia Imperii, which was written after
the conquells of Theodofius, making mention of Valentia, as one of the governments into which
Britain was divided, and yet not taking noiice of one ftation or garrifon beyond the wall of
Severu". Befides, in the inferiptions found r.igh Antoninus's wall in Scotland, there is mention
made of fo few Emperors, that this wall appears not to have continued long as a fixed brundary
between the Romans and the barbarous nations. Brit. Rom. p. 73. 479. Prsf. ad Fordun

C the

W THE BORDER-HISTORY OF

the frontiers. An order of men diftinguilhed by the name of Areani, had
been eftablifhed by the Romans on the extreme borders of their dominions,
to difcover and give fpeedy intelligence of the motions of the Barbarians.
Thofe employed in this fervice, on the marches towards the Scots and Picls,
Theodofius cafhiered, and difmiffed with dilgrace, having convicted them of
various abufes, and particularly of having been feduced by bribes to give
intelligence to the enemy.

Valentinian, dying in 375, was fucceeded in the weftern empire, by his

a.d. 379. ion Gratian, who four years after, affumed Theodofius, the .fon of the fa-
££{*£»* mous comir >' n dev of the fame name juft mentioned, as his partner in the
empire. Maximus, a Spaniard by birth, had at that time the command of
the army in Britain ; and having ferved there, under Theodofius the father,
in the fame rank with that general's fon, who was now raifed to the purple,
his envy and refentment on that account are faid to have co operated with
his ambition, in making him afpire to the fame dignity. His reputation and
talents being no way inferior to his high views, he eafily gained over the
army, and was by them faluted Emperor. Having acquired a farther in-
creale of fame, by repelling and routing the Pids * and Scots, he palled over
into Gaul, accompanied not only by the Roman forces, but by a vaft num-

a.d. 3S3. ber of the Britifh youth. His good fortune attended him to the continent,
where having defeated and (lain Gratian near Lyons, he held Gaul, Spain,
and Britain, the countries that had been fubjecl: to that emperor, for five

a. d. 388. years. But his ambition inciting him to make a conqueft alfo of Italy and
Africa, which were fubject to Valentinian the brother of Gratian, Theodo-
fius interpofing in the defence of the young prince, defeated the armies of
Maximus, and the tyrant himfelf being feized, was put to death near
Aquiieia.

Four years after Valentinian was cut off by the treachery of Arbogaftes,
a Frank, who had been firft promoted by Gratian, and during the childhood
of Valentinian had been raifed to the chief command of the army, by the
choice of the foldiers. In the room of Valentinian, Arbogaftes raifed to the
empire of the weft, Eugenius, a creature of his own : but both the one and

a. d. 394 . the other were foon after conquered and deftroyed by Theodofius. Under
this emperour Chryfantus acquired great fame, by his wife and vigorous ad-

a. d. 395. miniftration of the affairs of Britain. Soon after, Theodofius dying, left the
empire to his two fons Arcadius and Honorius ; the latter being a mere
child under the tuition of Stilicho. The reigns of thefe two princes proved
a period very fatal to the empire, by the incurfions of innumerable
fwarms of Barbarians on all fides. Stilicho, an able ftatefman and general,
though of infatiable ambition- and covetoufnefs, repelled for a while, with

• According to the Scottifh hiftorians, Mjximus encouraged and a (Tilled the Pifts in a cruel war
againft tie Scots, in which the greater! part of the latter nation, wi;h their king Eugenius and
his fon, being cut off, thofe who remained, rather than fubmit to the tyranny of their conquerors,
retired to Ireland and Norway. Fordun, I. 2. c. 27. But this calamity of the Scots is placed'
by Forrlun about the year 360, which was long before the time of Maximus. The learned author
or the Preface to the laft edition of Kordun, renders the hiitory of the expulfion of the Scots from
Britain very doubtful. Cap. 6. ice alio Innes, p. 652.

much

A. D. 592.

Socrates

ENGLAND AND SCOTLAND. rj

much glory and fuccefs, the fierce and numerous invaders. He is in par- ci»oJ. At Laud.
ticular celebrated by Claudian, for the effectual meafures he took. to defend tr d P ': U m.
Britain againft the Scots, Pifts, and Saxons. But when Alaric the Goth,
had entered Italy in 403, Stilicho was obliged to recall * the legion, cm- a. d. 4 oj.
ployed in defence of the northern frontiers of the Britifb province.

About four years after, fiich multitudes of northern nations poured into a. d. w
Gau', and there fixed their abode, that the communication between Rome
and Britain was aim oft wholly cut off. This afforded a pretence for the
Roman foldiery ftill remaining in the ifland, to elect an emperour for their
own protection, and for repelling the Barbarians. Not being content with
the choice they had made, firft of Marcus, then of Gratian, they foon put
them to death; and afterwards chofe Conftantine a common foldier, on the
account of his name, which being the fame with that of Conftantine the
Great, who had been raifed to the imperial dignity in this ifland, they re-
garded as a happy omen of fuccefs. Nor were their hopes altogether fruf- sofomen. 1. 9.
irated : for Conftantine palling over to the continent, reduced to his obedi-
ence a great part of Gaul and Spain, and Honorius, unable to relift him,
acknowledged him as his partner in the empire. But Conftantine, en-
couraged by the fuccefs of Alaric the Goth, who took and facked Rome in
410, foon after entered Italy, with a view of feizing the few provinces
which ftill continued fubject to Honorius. But a traitorous fervanc of Ho-
norius, with whom Conftantine correfponded, being detected and put to
death, Conftantine returned quickly into Gaul, whither he was foon after
followed, and befieged in Aries, the ufual feat of his empire, by Conftantius, A,D, * n '
an able general fent againft him by Honorius. By this time Gerontius, one
of the chief props of Conftantine's greatnefs, had rebelled againft him, put
to death his fon Conftans, and conferred the title of Emperor on Maximus,
a creature of his own. On the other hand, an army of Franks and other
Germans, under Edobeccus, attempted to raife the fiege of Aries. Con-
ftantius prevailed againft both the friends and enemies of Conftantine ; and
reduced him to the neceffity of furrendering himfelf and his fon Julian
prifoners, on the promife of their lives being laved. But this engagement
was disregarded by Honorius ; who ordered them both to be put to death.

When the power of Conftantine grew contemptible by the indolence and
luxury into which he funk, foon after he had eftablifhed his dominion on the
continent; when his authority was farther weakened by the rebellion of
Gerontius ; while at the fame time Italy, and Rome, the ancient feat of
empire, became the prey of the Goths ; the inhabitants of Britain, and of
the maritime coafts of Gaul, endeavoured to provide for their fecurity, by
eftablifhing governments of their own modelling, and afferted their ancient Zoz " nl "•

" For this we have the authority of the fame poet ; which feems to be one of the cleared
evidences of the Scots being at that time fettled in Britain, near the limits of the Roman
province.

Venit et extremis legio praetenta Britannis,

Qiik Scoto dat fisna truci, ferroque notatas

Perlegit exanimes, Pidlo moriente, figuras, Claudiam.

C 2 indepen-

I2 THE BORDER-HISTORY OF

independence, by expelling th£ Roman governours, where any fuch re-
mained. But thefe efforts proved in both countries very infignificant, again ft
the multitudes and ferocity of barbarous invaders. The Britons were the
lefs able to repell thefe Barbarians, as both Maximus and Conftantine had
carried over to the continent, vaft numbers of the men fitteft for war, who
never after returned to their native country. Being therefore reduced to
great extremities, by the repeated invafions of the Scots and Picts, they
had recourfe to the Emperor Honorius for aid j who judged it fo 'impracti-
cable to reftore or maintain the Roman power in Britain, that, inftead of
Giia» devoid, fending them forces, he exhorted them to take courage and exert their own
ptit. c it, i», ftrength in defence of their country. But their diftrefs (till continuing, they
' 3 ' ' 4 * renewed their fupplications, entreating the emperour to fend to their affiltance

Bed. i. i.c.ia a fingle legion. A legion was accordingly fent, which encountered and
deftroyed a great number of the invaders, and obliged the reft to retire
beyond the Friths of Forth and Clyde. By the advice of the Roman com-
manders, who were foon obliged to return with the victorious legion into
Gaul, the Britons repaired the wall of Antoninus, for a bulwark againft the
northern invaders : but the materials employed in this work, being only fods
and earth, the Barbarians foon broke through it, and paffing at the fame
time the Friths in their curroghs, plundered and deftroyed the unhappy
Britons with the fame cruelty as before. In thefe circumftances, fupplications
for aid were again renewed in the molt piteous (train, to their ancient mafters
and protectors •, whofe condition by this time at home, was little better than
that of their fuppliants. Another legion however was obtained; which
arriving in harveft, when the Scots and PicTts were fcattered over the fields,
deftroying, or reaping fecurely, the fruits of the labours of their wretched
neighbours, fpread among the plunderers a general confternation and
deftruction, the few who efcaped retiring beyond the Friths, whither they
ufed to carry off the booty they gained in their annual incurfions. The
Romans likewife affifted the Britons in repairing the ftone-wall of Severus,
which was a bulwark of far greater ftrength than the rampart of Antonine,
and free from the inconveniency of the adjacent Friths, which the invaders
eafily crofted in their fmall veftels. To guard however againft fuch defcents
on the fouth of the repaired wall, towers were erected near the coafts, from
which there was an extenfive profpect into the fea. The Romans alfo, who,
while, the lords of Britain, induftrioufly kept the inhabitants ignorant of
every thing relating to the military art, now gave them patterns to direct
their workmen, in making arms ; and having endeavoured to roufe a military
fpirit by their exhortations, bade the ifland a final farewell. The time when
cane, vol. ;. thefe two legions were fent into Britain is fomewhat uncertain. If, as is re-
p ' I?2 ' lated by fome authors, they were fent over by Actius the great minifter and

general of Valentinian II. and if the laft of them was commanded by Gallio
of Ravenna, they muft have come into Britain in the year 425 and 426. But
Lib. i.e. n, 13. the venerable Bede feems to place the expeditions of thefe legions, before the
end of the reign of Honorius, which happened in 423.

The

. C. IS,

ENGL AND AND SCOTLAND. i 3

The departure of the Romans, with the declaration they had made, of
their not intending to return, could not be Jong concealed from the Scots
and Picts, who apprehending no farther difturbance, from a people that had
been fo long a terror to them, palfed their Friths in great multitudes, and
took poiieflion of the ibuth country to the fouth of them, as far as the wall.
They proceeded next to attack the wall itfelf, aflailing with their miflile
weapons its timid and unwarlike defenders, and pulling them with hooked
darts to the ground. The Britons, unable to bear fuch furious and repeated
aflaults, abandoned their bulwark, and the fortified towns in its neighbour-
hood ; their relentlefs adverfaries purfuing them with fire and fword, and
fpreading defolation into the mod diftant parts of their country. The mifer- Bsd. 1. 1.
able Britons fought fhtlter in their woods, mountains, and caves, and many GiIda '» c - 's*
of them purchafed their lives at the price of their liberty. But the invaders
growing fecure by the long impunity wherewith they had carried on their
ravages, thole Britons who had not fubmitted to the yoke, fuddenly breaking
forth from their retreats, attacked their fcattered foes, made a great (laughter
of them, and obliged the reft to feek their fafety by a precipitate flight.
The Scots, after their lofs, are faid to have retired to their Highlands and
Iiles, from whence they were not long in returning; and the Picls thenceforth
contented themfelves with their fettlements to the north of the wall ; from
which they ibmetimes made plundering inroads into the lands of their enemies,
on the fouth of it.

Befides the ignorance and inexperience of the Britons in the art of war,
another principal caufe of the extreme impotence and mifery into which
they fell, after the departure of the Romans, was the want of a common
head, to combine and direct their councils and efforts. Their fituation,
with regard to government, became much the fame, as when the Romans
firft arrived in the ifiand. A number of little potentates, bearing the titles
of kings and princes, were raifed to the fovereignty in different diftriefs,
who tyrannized over their fubjecls-, and inftead of refilling the common
enemy, were embroiled in perpetual quarrels with each other. At length a
fenfe of their common danger, determined them to confer the chief com- Carte » vo1 - '•
mand of their armies on Vortigern, who was originally king of a fmall part wei?h wthirn
of Wales ; and had acquired great fame, by fome fuccefsful exploits in war.
Vortigern was ambitious of extending and retaining his power, and with this
view was the chief author of the deiperate and fatal meafure of calling over
the Saxons to Britain. Certain intelligence was pretended to be received, of a
defign formed by the Scots and Pi<fts, to invade and totally to fubdue the
fouthern parts of the ifiand ; and a general council of all the Britifh chief-
tains was fummoned to concert meafures for oppofing their adverfaries. At
this council it was propofed by Vortigern, and by a general infatuation
agreed to by all the reft, that the Saxons fhould be invited and entreated to
come over to their afiiftance, and fhould have the Ifle of Thanet on the coaft
of Kent, affigned to them for a place of habitation and fettlement.

The Saxons were amumerous and warlike people, who inhabited the north-

eaftern parts of Germany,- and part of the peninfula of Jutland. They were

2 Hill

i4 THE BORDER-HISTORY OF

full Heathens, and had long, by their piratical defcents ajid dsvaftatlon 1 !,
A . d 43, been the terror and fcourge of the coafts of Britain and Gaul. The fir ft
or 45*. colony of them, which, at the requeft of Vortigern and his fellovv-po-
tenrates, came over to Britain, was commanded by Hengift and Horfa, two
brothers, deriving their defcent from Woden, who was worshipped by their
nation as the God of war. Their followers could be but a fmall number,
being all brought over in three (hips. Vortigern, immediately after their
arrival, led them againft the northern invaders, who had penetrated into
Lincolnshire •, where, being encountered by enemies whofe appearance and
clofe manner of fighting were equally new and dreadful, they were quickly
ehfcn. S«. difcomfited and repelled. The Saxon leaders, obferving, in this expedition,
the fertility of the country, and the miferablc weaknefs of its inhabitants,
foon fent information of thefe tempting circumftances to their frie«ds and
countrymen, to excite them to come over in greater numbers. Not long after
the arrival of Hengift and Horfa, their brother Oita and his fon Ebufa con-
dueled a fleet of forty veftels to the northern coafts of the ifland -, probably
intending, by a fettlement there, to divide the forces of the Southern Britons,
and thereby to forward the projected conqueft of their country.

The views of the Saxon leaders to render themfelves matters of the
country and people, whom they had come over to aid as allies, foon became
evident. But the Britons made a long and obftinate refiftance ; and probably
the want of union and concord amongft themfelves, was the chief reafon of
their being in the end fubdued by their fierce and numerous invaders. A
bloody war was carried on between the nations for more than a hundred
years ; the events of which are recorded in a very confufed and imperfect
manner, and are fo blended with fables, that it is impofiible, in many in-
ftances, to diftinguifh and afcertain the truth. Such was the natural confe-
quence of the general darknefs of the age, of the barbarity of the invaders,
and extreme wretchednefs of the invaded. The great heroes, who appeared
in defence of the Britons, were Aurelius, Ambrofius, and Arthur, princes
of certain diftricts in the fouth weftern parts of England. The fcene of the
achievements of the latter was very extenfive. He fought and conquered
in various parts of the ifland, and, according to fome, the firft of his twelve
N en . Hin. Brit, famous battles, was fought at the mouth of Glen, which runs into the Till,
Huntingdon, near the louth-eaft corner of the plain of Mill-field. Arthur was mortally
f>3'3« wounded in the battle of Cambalon, in the year 542.

The renewed invafions of the Saxons and their wars with the Britons,
iffued in the eftablifhrnent of feven Saxon kingdoms, commonly known by
the name of the Heptarchy. Thefe kingdoms were erected at different
periods ; as the different Saxon leaders made their fucceffive invafions, and
Nen. Hid. Brit, furmounted the oppofition they had to druggie with. Among thefe Oita,*
Mumef. ). 1. tne broker of Hengift, and Ebufa, Oita's fon, paffing over at Hengift's call
c 3. from the Continent in forty fhips, after fome vain efforts of the Pids to

expel them, made good a fettlement, which for about a hundred years con-
tinued to depend upon the kingdom of Kent. The Picts, who, from the
time of the departure of the Romans, had poflefled the country on the

5 north

ENGLANDANDSCOTLAND. ij

north of the wall, either now yielded that part of their dominions wholly to

the Saxons, or fhared it with them : and Droftan, who was then king of the

Pi<5ts, entering into a league with them, they waged war jointly againfl: the

Britons, who are faid to have been aided in thefe wars by the Scots. During

this firft period of the fettlement of the Saxons in the northern parts of

Britain, their hiftory is involved in the greateft obfcurity. It is agreed that

the firft who acquired among them the title of a king was Ida. This prince,

like the other Saxon monarchs, derived his defcent from Woden, from

whom he is faid to have fprung by the line of Woden's third fori. He

brought over with him from the Continent, an army of his countrymen in

fixty fhips, with which he landed at Flamborough : and his high extraction,

joined to talents for war and government that were worthy of it, foon railed

him to the royal dignity over the companions of his expedition, and thofe of

his countrymen who were already fettled in thefe parts. His dominions feem

to have conlifted folely or chiefly of the country called Bernicia *, which was

the name given by the Saxons, to that part of England which lies to the

north of the river Tyne, or wall of Severus ; and which extended, during

fome part of the Saxon government, as far as the Edinburgh Frith. This chron. Sar.

firft king of the Northumbrians built the caftle of Bamborough on the fea- Bed ' '" 3 ' c " *"

coaft over againfl Fern-Ifland, in a fituation very ftrong and confpicuous ;

and in honour of Bibba his queen, gave it the name of Bibbanburgh, which

in progrefs of time was afterwards contracted into the name it now bears :

the reign of Ida was contemporary with that of the Scottifh king Eugene III.

who, firmly maintaining the alliance which his predecefibrs had made with

* The limit of Bernicia on the fouth is fometimes faid by the ancient Englifh writers to be the
Tyne, and fometimes the Tees. In the fame manner its northern limit is fometimes faid to be
the Frith of Forth, at other times the Tweed. It is probable that, at different periods of time,
its aftual limits did thus vary.

Nennius reprefents the Saxons under Oita and Ebufa, as receiving this country by the gift of
Vortigrrn ; but Vortigem had it not to give. He fays, that thefe invaders having failed around
(circa) the Pid~ls, laid wafte the Orkney Iflands, and then came and feized feveral diftricls beyond
the Frith, (Mare Freficum) which he defcribes as lying between the Saxons and Scots, as
far as the confines of the Pic~b that is, their confines with England. Malmefbury fays, that
having in feveral conflicts, overcome the inhabitants who refuted, they admitted the reft to terms
of peace ; but that they continued a hundred years, all but one, content with their dependence
on the kings of Kent: at the end of which period their dependent Mate (Ducatus) was changed
into a kingdom * ; Ida being advanced firft among them to the royal dignity, but whether by „,. ,

conquer!, or the choice of his fubjefts, he could not determine. Fordun relates, that Oita and Ford \ '\ ',-"
Embufa (Ford. Embufa) came to fettle in the northern parts, in confequence of an embaffy fent
beforehand from Hengift to Droftan the Pidlifh king, and a confederacy concluded between thefe
princes, whence the Saxons were heartily welcomed by the Pjfts, and making an addition to
their ftrength, by degrees engaged them in wars with the Scots and Britons. Bede (1. i. c. ic.)
who iruy well be confidered as the bell of thefe authorities, mentions a league which the Savons
foon concluded with the Pifts. Vaughan in his remarks on the Britifh Chronology fays, that _
the Saxons and Pi&s were mingled together, and lived in a very friendly manner all over arte • vo ' ,, '
Lothian, and even in the city of Edinburgh, for above izo years after, at the time of the battle
of Ardcrydd.

Nennius c. 64. fays, that Ida was the firft king of Bernicia, that is, adds he, Iberneick. Flor.
Vig. mentions alfo Ida as the firft king of the Bernician3. The etymology of Berwick, as ex-
prefling a ttivn of the Birnicians, is not the leaft probable of thofe given by Camden.

the

16 THE BORDER-HISTORY Qf»

the Britons, w.s, in conjun&ion with them, engaged in continual wars, with.
various iiiccefs, againlt their common enemies the Picts and Saxons.

Ida, after a nrolperous reign of twelve years, was llain in battle, by Owen,
Tifieffin, a fon of Uria,n Rhcgad, a gallant Briton. After his death, the country of
quoted b/carte, the Saxons to the north of the Humber, became divided into two kingdoms,
vol. i. p. 109. tna t part of it which lay between the lout hern frontiers of Bernicia and the
Humber, bearing the name of Deira. Bernicia continued fubject to the
defendants of Ida-, and Deira * was governed by Ella, a kinfman of Ida,
tracing his original to Woden in a different line. The reigns of the fix im-
mediate fucceilbrs of Ida 7 were fhort, and without any events that arc
marked in hiftory. Ethelric the latl of thole fix, and one of Ida's Ions,
mounted the Bernician throne in the year 586-, but was fo much exhaulted
*j i 1 r lmef - by age and infirmities, that the government, during the fe.ven years of his

reign, was wholly in the hands of his fon Ethelfrid. Ella king of Deira
dying in 588, whofe hiftory is equally obfcure with that of his co-temporary
kings of Bernicia, gave the ambition of Ethelfrid a favourable opportunity
of reducing the two Northumbrian kingdoms into one. For although he
had married Acca the daughter of Ella, he fcrupled not to avail himfelf of
Bed. 1. 1. e. 34. the minority of his brother-in-law Edwin, who was a child of three years old
at his father's death, to pofiefs himfelf of Deira. This great enlargement
of his dominion, joined to his martial fpirit and thirft for glory, made
Ethelfrid a very formidable prince. He conquered and planted with his
Saxons, or rendered tributary, more of the country pofiefied by the Britons,
.than any other of the Saxon potentates ; and gave Aidankingof the Scots, who,
as an ally of the Britons, invaded his dominions with a very numerous army,
A. d. 603. fo terrible an overthrow, that the Scots did not attempt any expedition into
the country of the Saxons for feveral generations following j.

Meanwhile Edwin the heir of the late king of Deira, who, on Ethelfrid's

ufurpation of his father's dominions, had been conveyed to fome fafe retreat,

grew up to maturity. He had found protection in his tender years in fome

?. is. of the Britifh and Saxon kingdoms ; but the power and greatnefs of Ethel-

* Selden reprefents the princi polities of Deira or Deireland and Bernicia as earldpms given in
perpetuity ; of which the intlances were not frequent during the S ixon period. Tlu'fe Eol ardoms,
lays he, began in Oita, brother to Hengilt king of Kent, and L.bufa his fon, who having con-
quered by Herigill's commillion thofe northern parts, held them as Eoldordoms or Earldoms, of
the kings of Kent, and by that name tranfoiitled them to their heirs, who ufed no other title than
Eolderman or Dux or Comes, until Ida in 567, took on him the name of king of all Nor-
thumberland. Tit. Hon. p. j it.

f Tliefe were Glappi, who died in 1,60, Adda in 56S, Ealdric (al. Ethelric; in 575, Theodiic
in 579, Fdthwold (al. Fridwald) in 58 3, Ethelric (al. Huifa) in $93. Carte's Table. Sim. Dun.
in Pref. Hoved. Prol. p. 401. Nenn. Ap. t.

J Bede fays, that they had not done it, from the time of that overthrow, until the time he
was writing his hiftoiy ; that is, about the year 730. This battle was fought at Degfaftan, which
Bede cails.a moll famous place, perhaps from the fame of that battle ; but it is now wholly unknown.
There is fome refemblance to the name in Detchin. Dr. Gibfon, in his explication of names of
places fubjoined to the Saxon Chronicle, thinks it is Daufton near Carlille in Cumberland. The
bifhop of Catlifle thinks, it was Dawfton near Jedburgh. Smith Not. ad Bed.

frid,

ENGLANDANDSCOTLAND. 17

frid, rendered the exercife of hofpitality, towards the young rival of his
throne, very hazardous. Hence the exiled prince became involved in great
difficulties, and was often obliged to change his habitation. His lalt refuge
was at the court of Redowald king of the Eaft Angles : Redowald was a
brave prince, but Ethelfrid had far more power-, and the danger from this
power was greatly increafed by its propinquity. The Northumbrian king
employed both promiles and threatenings, to induce Redowald to deliver up
Edwin into his hands. The danger at laft appeared fo imminent, that
Redowald refolved for his own fafety, to deliver up the unhappy refugee,
notwithftanding the promiles of protection he had given to Edwin, upon his
arrival at his court. At this critical moment Redowald's queen interpofed,
and reprefented to her hufband, in fuch horrid colours, the bafenefs of the
deed he was about to commit, that he altered his purpofe, and refolved to
run all hazards, rather than thus (lain his honour and truth. Accordingly,
having absolutely rejected all Ethelfrid's inftances, he led an army againft
him with great expedition ; placing his hopes of fucceis in a fudden and
vigorous attack. Ethelfrid difdaining to be thus braved, met his adverfary chron. s ax .
near the river Idle, in Nottinghamfhire, with an inferiour force; and fell, A - D - 6, 7-
fighting bravely in the field of battle, after having reigned twenty-four
years. Edwin, who had a great fhare in obtaining this vicfory, was at once
railed by it, to the polfelTion of all the dominions of Ethelfrid, whofe fons
were obliged to abandon their father's kingdom and feek refuge in Scotland.
Eugene, limamed Buyd, the fon of Aidan, reigned there ; and notwith-
ftanding the fatal overthrow given about fourteen years before by their father Ford. 1. 5 .
to his, he received and entertained them with much hofpitality. Edwin,
exalted to power in mature years, and his virtues and talents having under-
gone the difcipline of adverfity, foon became the greateft prince of the
Heptarchy. He was one of thofe, who, by reducing to a ftate of depen-
dence the other kingdoms, attained the dignity and title of Monarch ; and Bed. 1« *•
was the fifth who was diltinguifhed by that appellation. It is related, that he c ' 5 ' ' 9 '
fubjected to his government, the whole of Britain inhabited either by the
Britons or Saxons, and reduced the Ifles of Man and Anglefey under the
power of the Englilh. But a principal part of the eminence and fame of
Edwin, arofe from his being the firft chriftian king of Northumberland. About
twenty years before the beginning of Edwin's reign, Ethelbert king of Kent,
and his fubjecls, had been converted to the chriftian faith, by the miniftry
of the Monk Auguftine, who was lent for that purpofe from Rome by Pope
Gregory, firnamed the Great. Ethelbert, having married Bertha a chriftian
princefs, the daughter of Caribert king of Paris, permitted her the free
exercife of her religion ; and it was chiefly the zeal of that princefs, and her
influence with her hufband, that procured the million of Auguftine, and his
favourable reception at the court of Kent. A like influence operated with
equal fuccefs in the firft converfion of the Northumbrians to chriltianity.
Edwin, during his exile, had taken to wife Quenburg, daughter of Ceorl
king of Mercia, who bore him two fons Osfrid and Edfrid : but after her
death and his own advancement to the Northumbrian throne, he folicited

D Eadbald,

18 THE BORDER-HISTORY OF

Eadbald, who had fucceeded his father Ethelbert in the kingdom of Kent,
to give him his filler Edelberga to wife. This requeft could no otherwife
be obtained, than on the condition that the princefs, with all her attendants,
fhould have entire freedom to obfcrve the chriftian faith and worfhip. Edwin
readily engaged to grant the defired liberty ; and even expreffed a willingnefs
on his own part, to be inftructed in the chriftian doctrine. Appearances
fo promifing, encouraged the king of Kent to fend along with his daughter
an eminent churchman named Paulinus, who before his fetting out, was
Bet'/Vc^q. 01 *dained a bifhop by Juftus archbifhop of Canterbury. Edwin is celebrated
for making the merits and evidences of chriftianity the fubject of his ferious
a. d. 627. and mature examination, before he determined to embrace it. He firft al-
ii*, c. 14. lowed Paulinus to baptize Eanfied, his infant daughter by Edelberga, and
about a year after was baptized himfelf at York, in a church built haftily
of wood, and dedicated to St. Peter. He appointed York to be the feat of
Paulinus's bifhoprick ; and by the advice of that prelate, fet about building
a large * church of ftone, inclofing and comprehending within it the wooden
fabric juft mentioned. Edwin's converfion was accompanied with that of his
family and nobles, together with a great multitude of his other fubjects.
During the remaining fix years of his reign, Paulinus laboured with apofto-
lical diligence and fuccefs, in converting the Northumbrians. It is peculiarly
related, that while he attended the king and queen at one of their royal
manors called f Adgebrin, fituated in the province of the Bernicians, he
was wholly employed during thirty-fix days, from morning to evening, in
instructing the people, who flocked to him from all the neighbouring places
and villages, and afterwards baptifing them in the neighbouring river of
Glen.
Bet'ifj.^Vio. ^ Ut t ' iei " e P rom ifi n g beginnings of chriftianity among the Northumbrians
foon underwent a fad reverfe. For Penda, king of Mercia, a very am-
bitious and warlike prince, envious of Edwin's greatnefs, and difdaining to
pay him tribute, entered into a league againft him with Cadwallo, a king
of the Britons of a character much reiembling his own, and who by Penda's
aid had lately recovered the pofieffion of his dominions. Thefe princes
invaded the Northumbrian kingdom whh a very numerous army. Edwin,
perhaps not aware of their preparations, encountered them, with a much
inferior force, in the foreft of Hatfield in Yorkfhire, where his courage and
conduct promifed, for fome time, to fupply the defect of bis numbers : but
Osfrid his eldeft fon being flain at his fide by an arrow, he ruftied, in the
madnefs of his grief and refentment, into the thickeft of his foes, and, being

* This was finilhed and burnt anno 1069. Being rebuilt by the archbifhop Thomas the elder,
it was again burnt in n 37. At laft in the time of Edward 1. under Treafurar John, and the
archbifhops Romanus, Melton, and Thortfby, it was advanced to its prefent grandeur. Smith
in Not. ad Bed. p. 91:.

f From the refemblance of the name, and neighbourhood of the Glen ; Camden fuppofes this
f lace to have been lituated where the prefent village of Yeverin ftands. This royal refidence, as
Uede immediately adds, was deferted in the time ot the following kings; and another built in its
(lead at Mclmin, which, according to Camden, is the fame with Milfield.

Camden, vol. ii. p. 1097.

g pierced

ENGL A N D AND SCOTLAND. x 9

pierced with many wounds, loft at once the victory and his life. The two
conquerors ravaged and deftroyed the Northumbrian dominions without
mercy, efpecially Cadwallo, who, though a chriftian, fhewed no regard to
the new converts. Paulinus fled with the queen and the children fhe had
born to Edwin, into Kent, where the queen became the Abbefs of a
monaftery, and Paulinus bilhop of Rochefter. Edfrid the fecond of Edwin's
fons furreridered himfelf to Penda; by whom he was put to death. Edwin's
fon by Edelberga, and grandfon by his fon Osfrid, were carried by the
queen into Kent ■, and thence lent over to France, where they died in their
infancy, and fo the male line of Edwin became extinct.

The deftruction of Edwin and his family, and the calamities that followed, Bed. i. 3 . «. t.
were the occafion of the Northumbrian provinces being again divided into
two kingdoms. Ofric, the fon of Elfric, brother to Ella the father of Edwin,
was acknowledged as heir to the throne of Deira ; while Eanfrid the fon of
Ethelfrid returning from Scotland, where he had together with his brothers,
and many of the young nobles of the Northumbrian kingdom, remained in
exile fince the beginning of Edwin's reign, mounted the throne of Bernicia.
Ofric had been one of Paulinus's converts to the chriftian faith; and the
fons of Ethelfrid had been inftrucled in that religion, and received baptifm
in Scotland. Donald, firnamed Brek, who then reigned in that kingdom,
actuated by a zeal for the chriftian religion, which prevailed over his pre-
judices againft the Saxons, fent home his Northumbrian guefts, accompanied
with a numerous band of Scottifh warriors. But each of the new kings re-
lapfed after their exaltation into heathenifm, and their reigns were very fhort.
Cadwallo, the great enemy of the Northumbrians, being rafhly befieged in
York by Ofric, fallied fuddenly forth, and deftroyed almoft all the befieging
army together with their king. Afterwards, Eanfred, coming without due
precaution towards Cadwallo to treat of peace, was alfo cut off by that
tyrant. Both thefe kings fell in the firft year of their reign. But Ofwald,
another fon of Ethelfrid, by Acca the filter of Edwin, had the honour of
revenging the fufferings of his country and untimely fall of its kings. For
having with a fmall but refolute band attacked Cadwallo at the head of a
mighty army, at a place called * Heaumfield on the north of the Roman
wall, not far from Hexham, the tyrant was flain and -f- his army wholly dif-
comfited. In confequence of this great fuccefs, Ofwald became king of all
Northumberland ; and attained to a degree of honour and power far fur-
palTing what . any of his predeceffors in that kingdom had enjoyed ; his
dominion being iubmitted to, not only by the Saxons and Britons, but alfo Bed ' '" 3 ' c,e '
by the Scots and Picts.

* Now probably Bingfield, Smith's App. to Bede, No. 13.

t Fordun, following Adamnanus, afcribes Ofwald's viftory to the protection of St. Columba,
and the encouragement which that Saint gave him, in a virion preceding the battle; and relates
that Ofwald, in teftimony of his gratitude, built churches and oratories in honour of Columba, in
feveral places of his kingdom ; as at Lindisfarn, Toplefwale, and elfewhere. Scot. Chron.

C. 22. 49.

D 2 Ofwald

zo rHE BORDER-HISTORY OF

Bed. i.j, c. 3. Ofwald was a zealous Chriftian; and it was one of his firft and chief
cares to have his people inftru&ed in the true religion, which, during the
fliort reign of Edwin in Northumberland, had not taken fufficient root, to
be able to refill the late ftorms. The natural refource of Ofwald for the
inftruments of carrying on this work, was the country where he himfelf had
been educated in the chriftian faith. Accordingly, he applied to thole, who
prefided in matters of religion among the Scots ; who having conferred
epifcopal ordination, on Aidan a monk of their chief monaftery of Icolm-
kill *, fent him into Northumberland. Ofwald gave him a moil favourable
reception, and at Aidan's own defire affigned him for the feat of his bifhop-

A. d. 635. j-jd^ t ] ie fmall ifland of Lindisfarn -f, a fituation refembling that of the
famous feminary which he had left. The pious zeal, auitere life, and
paftoral virtues of Aidan were very illuftrious ; and the affection and regard
which Ofwald mewed him, were proportioned to his extraordinary merits.
The king, during his long exile among the Scots, having accjuired a perfect
knowledge of their language, was often at pains to explain the fermons and
difcourfes of Aidan to his courtiers. So favourable a difpofition in the Englifli
king, encouraged many other Scottifh monks to come into Northumberland,
who applied themfdves with great diligence to inftruct and baptize the
ignorant pagans ; Ofwald, for their encouragement, erecting churches and
convents, and endowing them with lands and revenues. But the reign of
this hopeful young prince came foon to a period. For Penda king of
Mercia, who was ftill a pagan, and entertained the fame indignant jealoufy
of Ofwald's greatnefs, as he had formerly done of Edwin's, led an army
againft him ; and put an end to his life and reign, in a battle fought at

f A^Juft 2 ' Maferferth, afterwards called Ofweftree, in Shropfhire. Penda, after his
viftory, ravaged all Northumberland, and penetrated as far as the royal
refidence of Bamburgh. Having in vain attempted to reduce this ftrong
place by a fiege, he collected a great quantity of wood and other combufti-
bles, the ruins of villages deftroyed in the neighbourhood, of which he made
a vaft pile near the walls ; and fetting fire to it at a time when the wind
favoured his defign, he attempted to burn the place. But the wind fuddenly
changing drove the flames upon the befiegers, fcorching fome, and terrifying
all; after which they immediately abandoned their enterprife. This deliver-

• This ifland was originally called / or Bit. The addition, Colmkill, exprefles its being the
feat of Columba, who, in the year 565, came over from Ireland to convert the Northern Piils to
the chrillian faith, and received this ifland from them, for eredling a monaftery. Bed. 1. 3. c. 4.

Ninian, a Briton, had long before converted the Southern Pifts, and built the church of
Candida-Cafa, facred to St. Martin, which in Bcde's time was fubjeft to the Englifh. Bed. ibid.
Ninian is related to have gone to Rome, anno 370, in the time of Pope Damafus, and to have
been ordained a biihop to the Britons by Siricius, anno 39^ . On his return he paid his refpecls to
St. Martin ; and on this occafion dedicated his church to him, as was ufual in thofe times. He
died at Canda-Cafa or Whkherne anno 432, which was the year of St. Patrick's arrival in Ireland,
as Palladius in the p'eceding year had ccme to Scotland. Smith ad Bed. p. 106.

f Bede's defcription of Lindisfarn, afterwards called Holy Ifland, is; Qui locus accedente ac
ricedenle reumati, bis quotidie injl.ir infula: maris circumluitur undis, bis renudato littore contiguus
tarts redditur.

ancc

j Auguft.

ENGLAND AND SCOTLAND.

ance was afcribed to the prayers of Aidan bifhop of Lindisfarn •, who .<

fake of a more retired devotion, fojourned at that time, as he was often wont,

in one of the Fame Iflands. Ofwald's great zeal for the convetfiori of his

peop'e, his benignity to the monks, and his being cut off by a pagan prin e,

who cruelly mangled his dead body, procured him the honours of a * faint ;';

and a martyr. His arms were preferved as relicks in St. Peter's church at e * me

Bamburgh, and were believed to remain -f- incorrupted, by virtue of a '

blefling pronounced on them by Aidan for being the inftruments of a fignal

charity to the poor. Ofwald had taken to wife Earifleda, the daughter of

Edwin, and left by her a fon in his childhood, but Ofwy Ofwald's brother Bed. ;t>. c. 141

fucceeded him in the kingdom. His government however extended only

at fir ft over Bernicia •, Ofwin the fon of Oliic, who h;;d been ten years an

exile among the weft Saxons, obtaining . poffeffion of the kingdom of Deira,

which his father, as was above related, had held for a very fhort period after

the death of Edwin. Ofwin's generofity, and other virtues, greatly endeared

him to his fubjecls -, but could not defend him againft the ambition and

fuperior power of the king of Bernicia. The two princes took the field

with their armies, in order to decide their quarrels-, but Ofwin perceiving his

forces greatly inferiour, and unwilling that their blood fhould befnedin vain,

difmiffed them, and fought concealment, until better times, in the houfe of

Earl Hunwald, a nobleman on whofe fidelity he entirely relied. But Hun-

wald bafely betrayed him, and by Ofwy's command, he was cruelly put to

death in the ninth year of his reign. On the account of his many virtues, A. d. 651.

particularly his wonderful humility, Ofwin was greatly beloved by Aidan Bede" 61 ^'

bifhop of Lindisfarn, who furvived him only twelve days. It would feem

that Ofwin did not know his own ftrength, or wanted the talents neceffary

to employ it with effect. For after his death, Ofwy was not able to eftablifh

his dominion over the Deirans ; who placed Adelwald the fon of Ofwald on

their throne.

* According to Malmefburv, Ofwald gave the fir (I fruits of faintlhip to his nation; no Angle
before him having had the glory of working miiaclei. Many of thefe are related by Bede to have
been performed by Ofwald's relick?.

f Aidan being feated at table with the king on Eafter-day, one of the king's fervants who had
the charge of the poor, informed him that there was a multitude cf poor in the ilreets, begging
the royal alms : on which the king immediately ordered the meat on his table to be diitributed to
the beggars, and a filver platter, on which the meat was ferved up, to be broken into pieces,
and thefe, to be diftributed in like manner, on which the bifhop feizing his right hand, prayed
that it might never grow old. And fo it came to pafr, for his hands being cut off, after he was
flain, together with his arm, they have hitherto remained incorrupted, and are preferved in the
royal city, which from the ancient name of a queen is called Bebba, inclofed in a filver coffer in
St. Peter's church, where due veneration is paid them by all. Bed. ib.

Simeon of Durham, or Turgor, fays, that Ofwald's head, was buried in the church of Lindif-
farn, and was afterwards kept in the fame fhrine with the incorrupted body of St. Cuchberr.
He adds, that his hands and arms were buried in the royal city, <uiz. of Bamburgh: the right
hand and arm evidencing the power of Aidan's wifh or prayer, and fhewing by their incorruption,
even to the age of Simeon (i. e. the reign of Henry I.) the merit of both the king and the bifhop.

Sim, Hill. Dun. Etc. c. 1, z.

Penda

22 THE BORDER- HISTORY OF

Blo, 1.3. c. 14. Penda king of Mercia, though very old, continued ftill the terror and
fcourge of his neighbours. His malignity againft the Northumbrians in
particular, was inveterate and irreconcilable, and threatened the utter de-
ftruftion of that people. He had been harafiing them by renewed defolat-
ing incurfions ever fince the death of Ofwald ; and Ofwy finding himfelf an
unequal match for him in the field, endeavoured in vain to bribe him to be
quiet, by offering him his royal ornaments, and other prefents of great value.
But the extremity of oppreffion at laft provoked a refiftance that proved its
remedy. Ofwy, accompanied by his fon Alchfrid, is faid to have encoun-
tered Penda, with a thirtieth part of the numbers which followed that
tyrant to the field. For, befides the forces of his own kingdom, Penda
• was alfo accompanied with Edilhefe king of the Eaft Angles, and Adelwald
king of Deira, who awed by his greatnefs had entered into a league with
him againft Ofwy. But in the beginning of the battle Adelwald retired with
his army and waited the event in a place of fafety. This circumftance could
not fail to give courage to the Bernicians, who, attacking their adverfaries
A.D.S55. with inefiftible courage, obtained a complete * victory. Penda fell in the
field in the 80th year of his age, together with Edilhefe his ally, almoft all
his chieftains, and a vaft number of their followers. Ofwy, in confequence
of this victory, became mailer of Mercia, and held it three years ; after
which the nobles of that nation expelling thofe who governed it under Ofwy,
raifed Wulf her the fon of Penda to the throne.

Between the time of Ofwy's victory over Penda and the year 664, Adel-
wald king of Deira died ; and after his death Ofwy fcizing the kingdom of
Deira, retained to himfelf the adminiftration of it ; and appointed his fon
Alchfrid to be king of Bernicia under him. In the year juft named, a
council was held at Whitby in prefence of the two Northumbrian kings, for
determining the proper time of celebrating Eafter; a queftion, which, in
thofe days, was efteemed of the utmoft importance. The Britons, Scots,
and Picls, who had been all inftructed in the chriftian faith and worfhip by
miffionaries from France and Rome, a century or two before the converfion
of the Saxons, had been taught to keep their Eafter, agreeable to the method
of computation, which at that period prevailed in the Roman church. But
after that time, the bifhops of Rome, and almoft all the churches on the
continent, had thought proper to adopt a different calculation; with which
the troubles of Britain, and its diftance from Rome, had hindered the church
of that ifiand from being acquainted. In the mean time they had acquired
for their own cuftom, that zeal and attachment which is ufual in all matters
connected with religion. Auguftine the apoftle of the Saxons in Kent,

* The monks afcribed this extraordinary victory to a vow made by Ofwy before the battle.
If the Pagan, faid he, knows not how to accept our offerings, let us prefent them to him, who
knows it well, to our Lord God. And fo he immediately vowed to cor.fecrate his daughter to
God, as a facied virgin, and to give twelve portions of land, for erecting the like number of
monafleries. After his victory, he fulfilled his engagement, by building and endowing the
monafteries, and fending his daughter Elfleda to be educated a Nun in the monaftery of Whitby,
whereof Cie died Abbefs at the age of fixty years. Bede, 1. 3. C 24.

had

fied. I, 3. c. %

rlpfprmi nir J „

ENGLAND AND SCOTLAND. 23

had endeavoured in vain to bring the Britifh bifhops of Wale?, to a con-
formity to the Roman rule •, and the Scots and Picls were equally averfe to
deviate from the eflablifhment of Columba and Ninian, whom they honour-
ed as faints, and whofe memory they held in the higheft veneration. This Bed. I. 3. c. a j-,
difference between the Roman and Britifh cuftom, produced a ftriking
incongruity in the court of Ofwy. That prince had married Eanfled the
daughter of king Edwin, who, after the defeat and death of her father, was
carried by Paulinus into Kent, and educated there in the rites which that
church, through its founder Auguftine, had derived from Rome. Eani Id,,
and her Kentifh attendants of confequence, obferved the Roman Eafter ;
and hence it fometimes happened, that while the king was celebrating that
feaft, according to the computation of the Scots, who had been the in-
ftruftors of him and his people, the queen was ftill in the middle of the
mortifications of Lent, keeping Palm Sunday.

The only bifhops of the Northumbrians, fince the revival of Chriftianity
amongft them, in the beginning of Ofwald's reign, were a fucceffion of Scots
in the fee of Lindisfarn. Aidan, the fiift of thefe, held that bifhoprick
feventeen years. His fuccefibr Fenan, lent alfo from Scotland, and ordained
in that country, held it ten years. He built a church in Lindisfarn, which
according to the manners of thofe times was judged fit for the feat of a
bifhop. Jt was built in the Scottifh fafhion, of beams and planks of oak, B e a. 1. 3. c. aj.
and was covered with reeds. Theodore archbifhop of Canterbury, in one of
his vifitations, dedicated it to St. Peter, and Eadbert, the immediate fucceffor
of St. Cuthbert, covered both the roof and walls with plates of lead.
Finan's immediate fucceffor was Colman, in the third year of whofe prelacy, efy
was held the council of Whitby. Colman had the fame attachment as his
predeceffors to the Scottifh Eafter, and appeared at the council with his
clergy, who were almoft all his countrymen, in defence of the ancient mode
of his mother church. The principal champion of the Roman cuftom
was Wilfrid, who had been an inftructor of the young king Alchfiid in
matters of religion, and had gained a great afcendant over him. Wilfrid
was a Northumbrian by birth, of honourable parentage, educated a monk
in the Convent of Lindisfarn, and had, by travelling to France and Rome,
acquired the learning of that age, and a particular acquaintance with the
rites and canons of the Roman church. He alfo acquired a high relifh for
the riches, pomp, and fplendour, he had ken in the foreign churches. This
education, concurring with a haughty, ambitious, and intractable fpirit,
rendered Wilfrid a moft notorious troubler of the peace of the Englifh
churches, and a principal inftrument of fubjecting them to the ufurpations of
the Roman Pontiffs. The queftion concerning Eafter was agitated' between Smiih A ai
Colman and Wilfrid with much more zeal than knowledge. The authority Bed. No. 9.'
derived from Peter to his fuccefibrs in the fee of Rome, was infilled on by r ' 7 ° 3,
Wilfrid, as the chief fupport of his caufe ; and the idea of Peter keeping the
keys of heaven, and excluding thole who failed of their duty to him or his
fucceffors, made fuch an imprefllon on the imagination of Ofwy, that this
prerogative, which was allowed by the difputants of both fides, determined

the

24 THE BORDER-HISTORY OF

the king to declare for the Eafter that he believed to be mod agreeable to
the prince of the apoftlcs. But neither Wilfrid's arguments, nor the king's
authority, were fufficient to move Colman to abandon what he thought the
right way. He forlbok his bifiioprick, and returned to his own country j
carrying along with him part of the relics of Aidan *, and accompanied by
almoft all the Scottifh prefts and monks, who had fettl.d in Northumber-
land. Tuda, another Scot, who, having received his education and ordi-
nation in Ireland, obferved the Roman cuftom, fucceeded Colman ; but
died foon after of the plague, which at that time made great havock in
Northumberland ; and in Tuda ended the fucceffion of Scottifh bifhops in
•Bed. i. 3 .c. z6. t ^ e f ee Q £ Lj nc H s fa rn) thirty years after its commencement \-.

The teftimony borne by Bede to this fucceffion of Scottim bifhops is
very honourable •, and as it gives a view of the ftate of the country and the
manners of the times, it deferves to be tranfmitted. Their parfimony and
continence, he fays, appeared from the place of their refidence, in which,
at their leaving it, there were very few houfes, befides the church; no more
than thofe neceffary for the fimpleft accommodation. Their poffeffions con-
fifted wholly in cattle-, for if they got money from the rich, they immediately
diftributed it to the poor. And there was no need of either providing money
or houfes for entertaining the great men of the country; who never came to
the church, for any other purpofes, but thofe of devotion and hearino- the
"o^bV>t n |jm. word - The king himfelf *on fuch occafions came thither, with only five or
burgh. fix fervants, and departed immediately after finifhing his devotions in the

church. And if at any time he and his attendants took a refrefhment there,
they were contented with the fimple daily food of the monks, and defired
nothing more. For the whole attention of thefe teachers, was employed in
the fervice of God, and not about worldly gains ; their whole care was be-
llowed on their hearts, not on their bellies. Whence the religious habit was
at that time in great veneration ; fo that wherever any prieft or monk arrived,
he was welcomed with joy as the fervant of God; even when he was ob-
ferved on the road, the people ran to him and bowing their heads, joyfully
received from him his benediclion, or the fign of the crofs ; at the fame
time, listening refpedtfully to his advices and inftructions. On Sundays
they flocked to churches or monafteries, not for the food of their bodies,

• The remainder of thefe relics of Aidan he le r t in the church of Holy Ifland, commanding
them to be buried in Secretario ejus, (fiBedr). Yet the monks of Glaflonb'ufy pretended that
the body of Aidan was buried with them : an i it feefns rhat this pretence was not wholly without
fourdation : for a MS. of John Weffington, Prior of Durham, fay , that King Edmund, in his
northern expedition, carried off to Glaftonbury fome of the boi.es of Bifliop Aidan.

Smith Not. ad Bed. p. i;r.

f There was alfoa difference between the churches on the continent, and the ancient churches
in Britain, in the manner of the clergy clipping their hair. The former had adopred the fafhion
of making bare the crown of the head ; fo as to make the hai' that furrounded the bare part,
reprefent, as they imagined, our Saviour's crown of thorns. The latter clipped ihe hair on the
forehead from ear to ear. The difpute concerning thefe fafhions of the clerical tonfure, was
agitated with little lefs warmth than that concerning Eafter, and the Scottim clergy were equally
tenacious of their old cuftom in the one as in the other,

but

ENGLANDANDSCOTLAND. 45

but to hear the word of God. And if any prieft happened to come inio
any of their villages, the inhabitants inltantly aflembling, requeued of him
the word of life. Nor had the priefts and clerks any other end in going to
thefe villages, than to preach, baptize, vifit the fick, and, in one word, to
take care of fouls •, and io remote were they from all contagion of covetoufnejs, Ab ?™ m
that none of them would accept of territories and polfeffions for building
monaiteries, unlels compelled to it by the powerful men of the itate i
which cuftom remained in all points the fame, for fome time after, in
the churches of the Northumbrians. Such was the ftate of the Northum-
brian church about feventy years before Bede wrote his hiftory : but in this
account, he evidently enough hints the degeneracy that had fince taken
place ; which he explains more fully in his letter to Egbert archbilhop
of York.

Ofwy was not only fuccefsful in his wars againft the Mercians, but made Bed. 1. 2 . c. 5 .
conquefts alfo on the other fide, over the Scots and Picts ; fubjecting and '• *■ Ci ■*■
rendering tributary to him the greateft part of their country. It feems fuf-
ficiently evident that thefe conquefts could not have been made, till after the
deftrucYion of Penda the Mercian, and it is not improbable that the religious
differences which occafioned the retreat or expulfion of the Scottifh and
Pictifh clergy *, had an influence in producing thofe wars, which were at-
tended with fo much fuccefs on the fide of the Englifh. Six years after the
council of Whitby, Ofwy died ; and his fon Alchfrid, whom he had afTumed A - J? 6 ?°-
as his partner in the kingdom, being dead before him, Egfrid another of his
fons fucceeded to all his dominions.

Egfrid was a warlike prince, and fuccefsful in feveral of his enterprifes.
The Picts attempting to free themfelves from the yoke impofed upon them
by Ofwy, and for this purpofe having collected a great army out of all the EAKusVit.
northern parts of the ifland, received a total defeat from Egfrid •, wherein Wiifr - c - *7«
the Daughter was fo great, that two rivers being filled with the dead bodies a. d. 6 79 .
of the vanquifhed, the victors are faid to have paffed over them dry lhod.
Egfrid alfo conquered Lincolnfhire, then a part of the Mercian kingdom :
but though he was driven out of this province five years after, he was not a. d. C84.
thereby difcouraged from invading and ravaging Ireland. In the year after
his Irifh expedition, he invaded the territories of the Picts ; but thefe peopie,
by appearing to fly before him, having decoyed him into a tract of country,
full of inacceffible mountains, fuddenly ruflied from their retreats, and cut
in pieces the king himfelf f, with the greateft part of his army. The Picts,

* The return of Co'man and his clergy to their own country, happened in the firft year of the
Scott (Ti King Maid* in; and Forilun afcribes it to the bad treatment they had received, that there
■was little peace betwixt the Scots and Northumbrians, during all Maldwin's reign : but the war-
was carried on by mutual defolating incurfions, without any general aftion, whofe memory has
been tranfmitted to poflerity. Ford. vol. i. p. 154.

•f According to the Appendix to Nennius, Egfrid was killed by Brude, who was king of the
Pifts, and commanded them in this battle. Gale, vol. i» p. 126.

Bede, in his life of St. Cuthbert, relates, that the Saint foretold this tragical end of Egfrid,
the year before it happened, to the king's filler Elfled, who was abbefs of the Convent at Cailifle,

E and

26 THE BORDER-HISTORY OF

a.d. 685. i n confequence of this victory, recovered their lands on the fouth of Forth,
which the Northumbrians had for fome time held in fubjection. The Scots
alio, who bordered on the Northumbrian kingdom to the weft, and fome part
of the Britons, regained their liberty ; nor did the Northumbrians ever after
recover this heavy blow, or regain that afcendant over their neighbours,
which they formerly poffeffed.

It was chiefly during the reign of Egfrid, that the monk Cuthbert be-
came eminent by his zeal and wonderful aufterities, which, joinrd to the
tales of his miracles, and of his dead body remaining incorrupted, railed
c d'b Vlt k ,rn to tr,e frft place among the Engliih faints. While he tended as a fhep-

sim. Dun. herd in the night his mailer's flocks on the fide of Leder, and was praying
h.d. e. 1. 1 . w j tr , i^ b<xiy in the form of a crofs, he fancied he faw the foul of bifhop
Aidan afcending in triumph to Heaven, encompafied with a choir of angels.
This vifion made fuch an impreffion on him, that next morning he refigned
to his mailer the charge of his flock, and became a monk in the neighbour-
ing monallery of * Mailros. That monaftery was then governed by a
diiciple of Aidan named Eata, who was one of the twelve Engliih youths
whom Aidan had taken the charge of inftructing in the chriftian faith, on
his firft admiffion to the fee of Lindisfarn. The prior of the monaftery, or
he who had the charge of governing and inftructing the monks under Eata,
Bofeij Ford, was 7 Boifel, a man renowned for his fanctity and prophetic fpirit. Cuthbert
was the chief favourite of his mailer Boifel, and foon became eminent for
his extraordinary virtues and progrefs in facred learning. And when his
7. ' Abbot Eata, fome years after, received from king Alchfrid ground and

revenues for erecting a monaftery at Rippon in Yorkfhire, Cuthbert was one
of the colony whom Eata carried from Mailros to this new feminary, and
who held an honourable place in it. But thefe monks acting in the fpirit of
Colman, chofe rather to abandon their monaftery, than to conform to the

ir.d had come to vifn Cuthbert ; who, attended by fome of the brethren at Lindisfarn, met her in
the Ifle of Coquet, which was alfo at that time a refidence of monks. V. S. Cudb. c. 24.
Cuthbert, being at Catlifle, which was part of his diocefe, at the time the battle was fought,
declared to thofe about him the unfortunate event. lb. c. 27.

Simeon of Durham fays, that Egfrid was killed at Nectans-mere, which Goodall thinks is
Nenthorn-locb, in the county of Mers, and thence infers, that the extent of the Piclifh kingdom
to the fouth, was the fame with that of Scotland in later times. But the fmall rel'emblance of
names feems to be outweighed by other confiderations ; for why fhould Egfrid lay wafte a country
in his own poffeffion, and which the Pifls are faid to have recovered in confequence of his defeat
and death ? Or is it probable that Egfrid and his army could be ignorant of a country fo near
Northumberland, and which during all his reign had been fubjeft to him? Neither doth the face
of the country anfwer to the faftneffes of inacceflible mountains, which Bede fpeaks of; the hills of
the neighbourhood being of a very moderate height. Thefe circumftances make it more likely,
that Egfrid received thi3 overthrow at a much grearer diflance from the prefent frontier of Nor-
thumberland. It is even probable, that he was (lain fomewhere in the Highland-country, from
his being buried, as Simeon, or rather Turgot, relates, in the Ifle of Hii. (Hii Infula Columba-.)
H. D. E. 1. !. c. 9.

* Melrofe is the prefent fpelling. The author often chufes to follow the fpclling of his
authorities.

f The faint, no doubt, from whom the church of St. Bofels, about two miles farther down
the Tweed than Mailros, and on the fame fide, has its name. His body and clothes were pre-
feived among the Durham relics^ Sim. Dun. Hill. Ecc, Dun. Conrin. Decern Scriptores. p. 68.

Roman

Vit. S. Cudb.

ENGLANDANDSCOTLAND. a;

Roman mode of keeping Eafter ; and returning to Scotland, Alchfiid gave a. d. 661,
their monaftery to his favourite Wilfrid. Soon after their return to iVlailros,
Boilel dying, Cuthbert was made prior of the convent in the roam of that saith't ifotci i '
faint, in this office he not only difcharged his duty, in the mod exemplary ^lioMau. Weft,
manner, to the monks under his infpecYton, but was moll laborious in
preaching the word to the inhabitants of the adjacent country; travelling
lometimes on horfeback, but for the moll part on foot, and fpending whole
weeks together, inftructing the ignorant and fuperftitious inhabitants of the
wild and mountainous tracts, which others could not enter without horror.
After he had exercifed his office for fome years at Mailros *, his abbot Eata
was, at the defire of Colman, when he retired to Scotland, promoted to be
abbot alfo of Lindisfarn, and Cuthbert was removed by him from Mailros, A D M
to be his prior in this new charge. Here he regulated his condud by the '
fame maxims, and maintained the fame high reputation as before -f\ But c . 16.
after he had fpent more than twelve years in this monaftery, afpiring to
what, according to the ideas of thofe times, was the higheft fummit of per-
fection, he abandoned his monaftery, and lived an anchoret or hermit in
Fame Ifland. There he fpent feven or eight years, having reared a wall
round his little cell and oratory, that cut off the view of every thing but the
face of heaven J. But though he had foon cleared his retreat of the evil

fpirits

• While he was prior of Mailros, Abbe, the uterine filler of King Ofwy, was Abbefs of Cold-
ingham ; who, moved by the fame of St. Cuthbert's virtues and miracles, requefted from him *
vifit to her monaftery for the benefit of his exhortations. In compliance with the royal Virgin's
defire, Cuthbert fpent fome days at Co!dingham, the fituation of which, nigh the fea, afforded
him an opportunity of a new fpecies of the auftere devotion, for which he was fo much renowned.
For retiring filently from the monaftery, when all had gone to fleep, he went down to the fea,
where Handing up to the neck in water, he fpent the night in prayer and praifes, until the time of
the morning devotions in the monaftery approached. One of the monks, having difcovered that
the faint left the monaftery in the night, had the curiofity to trace his fteps and obferve him from
fome hidden place on the fhore, where he was a witnefs, as he related, after the faint's death, not
only to the circumftances mentioned above, but when Cuthbert came out on the fhoie, and with
bended knees began to renew his devotions there, the fame relater obferved two fea calves come
forth from the deep, and approaching the faint, warmed his feet with their breath, and wiped
them dry with their (kins : after performing which, duty and receiving the faint's benediction, • they * Patriatfuntrt-
plunged themfelves into their native deeps. Bed. Vit. S. Cudb. c. 10. ia ? (i fub ua()l '*

+ He was remarkable for unfhaken ferenity of temper, and meeknefs of behaviour, by pre-
ferving which, and perfevering in his admonitions, he overcame the oppofition of refraftory
brethren, and brought them to fubmit to the ftrift monadic rules. In his drefs, he was neither
nice nor fordid ; and in imitation of him, no garments were ufed in that monaftery of various or
coftly colours, but were for the molt part of the natural colour of the wool. Vit. Cudb. c. 16.

J There was alfo a greater houfe near the landing-place, in the Fame Ifland, where the
brethren who came to vifit him lodged, and a fountain at a fmall dillance, which fupplied them
with water. Vit. S. Cudb. c. 17.

Cuthbert was fucceeded in his hermitage in Fame Ifland by Ethelwold, a monk and prielt of the
monaftery of Rippon. Ethelwold lived twelve years in that retreat, and was buried in St. Peter's
church in Holy Ifland, befide the bodies of the bifhops of that fee. Felgild fucceeded Ethelwold, vit. S. CudW
and in the time of that hermit, Eadfrid, bifliop of Lindisfarn, reftored from its foundations the c. 46,
oratory of St. Cuthbert, which had fallen into utter difrepair. Bede relates, that Felgild, the third
heir of the fame place and fpiritual warfare, was more than feventy years old, at the time of his (Bede's)
writing the life of St. Cuthbert. Befides thofe mentioned by Bede, there were other monks who

£ 2 chofc

28 THE BORDER-HISTORY OF

fpirits that haunted it, and made the barren rocks produce him both bread

and water, yet he was not able to refill: a combination, formed by his fellow

mortals, to draw him back again into the world. A council held in the laft

a.d. 684. year of the reign of Egfrid, at a place called Twyford on the Alne, where

bS! M.^cl'ii! tne k' n g was prefent, and in which Theodore archbifhop of Canterbury pre-

vit. s. cuthb. fided, made choice of Cuthbert to be bifhop of Hexham, in the room of

Thumbert, whom Theodore had lately depofed. But the king was obliged

to go in peribn over to Cuthbert's hermitage, and to join his entreaties to

thofe of many noble and pious perfons in his company, and of the brethren

of the monaftery of Lindisfarn, before the holy anchoret could be perfuaded

to accept of the epifcopal office. Eata, his abbot, had been for feven years

bifhop of Lindisfarn; but Cuthbert, on account of his better acquaintance

with the diocefe of this ifiand, preferring it to that of Hexham, Eata was

removed to Hexham, where he had been bifhop before, and Cuthbert was, on

the Eafter-day following, confecrated bifhop of Lindisfarn, in the Cathedral

A.D. 6$j. f Yori^ by Theodore of Canterbury, and feven other bifhops. During

the fhort remainder of his life, which was only about two years *, he adorned

his ftation by all the virtues of a good bifhop •, and finding his end drawing

nigh 7, he retired to his beloved retreat in Fame Ifiand, and there breathed

his laft. His body, which he had granted, before his death, to the earneft

importunities of the brethren of Lindisfarn, was tranfported to that ifiand,

and buried there in the church of St. Peter : and to complete the evidence

of his faintlhip, his coffin being opened by the monks eleven years after his

chofe Fame for the place of their retreat. Among thefe was St. Bartholomew, as appears from
a manufcript hiftory of his life in the Bodleian Library, who obtained leave of Laurence prior of
Durham to go to Fame; where he found a brother, called Elwyn, in pofTeffion, who was ill pleafed
with his coming thither. Bartholomew wrote in his retreat, a book called Fame Meditations,
which is flill preferved in the Durham library. It is alfo recorded, that Thomas prior of Durham*
in the years 1162, 1 163, . retiJ ed to Fame. His retieat was owing to a controverfy with bifhop
Hugh concerning certain liberties, to the difputing of which he was excited, but afterwards de-
feated by his monks. Hugh got him depofed, upon which he retired to Fame. Alexander IL
king of Scots, A. D. 1245, grants and confirms to the monk Henry, at.d to his fucceffor in Feme-
Smith in Not. Ifiand, 8 s. llerling in free alms ; to be received annually out of the farm of his mill of Berwick,
adV jt.-S.Cuthb. initead of half a chalder of corn, which he was wont to receive out of the faid mill, by virtue of.
c ' 4 -* a charter of King William.

* In the courfe of an epifcopal vifitation, not long before his death, having gone through the
higher places (fuperiora /oca) of his diocefe* he came to a monaliery of virgins, fituated not far.
from the mouth of the Tyne, of which, a woman of noble extraction called Veria, who made
him a prefent of fine linen, which he kept for his winding-fheet, was abbefs; and there mira-
culoufly changed by his blefling water into wine. Cudb. c. 35. Me had, while a boy, performed
a great miracle at the fame monaliery, which was then inhabited by monks; fome of whom, being
carried out to the fea on certain floats, on which they were bringing wood to the monaftery, ha
Lvcd by his prayers, from the imminent hazard of being drowned. C. 3.

The Tyne fpoken of in thefe two miracles, Smith underltands, of the Tyne in Eaft Lothian,
on which was fituated the famous monaftery of Tynningham. But both ftories being vouched*
at firft or fecond hand, by brethren in Bede's monaftery, makes it probible that he means .the.
Tyne in Northumberland.

f He retired to the Ifiand of Feme immediately after Chriflmas in 686. He was fcized with
his laft illnefs on the 27th of February following, and died on the 20th of March. His body
was carried in a fhip to Holy Ifiand, and buried there in the church of St. Peter on the right hand
of the altar, in a Hone-coffin. C. ij, 40.

deaths

ENGLAND AND SCOTLAND. 29

death, both the faint and his clothes were diicovered to be as frefli and free
from corruption, as at the moment of their interment.

The fame country and times produced another churchman of a character
very extraordinary •, and which, in many refpects, formed a ftriking con-
traft to that of Cuthbert, and of his predecefibrs and matters the Scottifli
monks. This was * Wilfrid already mentioned; who, after the death of A ' D " 66 *'
Tuda, the laft of the Scottifli bilhops in Lindisfarn, was lent over by
Alchfrid to France, to receive epifcopal ordination from the hands of the
bilhops of that kingdom •, who, as to religious rites, were in perfect con-
formity with the fee of Rome. It is probable that Wilfrid, on his fetting
out for France, was deftined to be fole bifhop of Northumberland, as thofe
of Lindisfarn had been, ever fince the reftoration, of chrittianity by king
Ofwald in that kingdom. But before his return from the continent, where
he tarried a confiderable time, king Ofwy, by the influence of fume who
envied Wilfrid and favoured the Scottifli riles, beftowed the diocefe of his Edd. c. 14,
kingdom, the feat of which he fettled at York, on Chad, abbot of Lefting-
ham, a Scottifli monk greatly renowned for- his fanctity. Some years after,
Theodore, a learned Greek monk, and, together with the Abbot Adrian^
the firtt introducer of good learning among the Saxons, was lent over by Pope A,D ' S6 9»
Vitalian to be archbifhop of Canterbury, and was received by all the Saxon
churches as their primate. Theodore, in his firtt vifitation of thefe churches, Bed.1.4. <=• *•
objected to the ordination of Chad, which he had received, during the
vacancy of the fee of Canterbury, from Wini, bifhop of the Weft Saxons,
affifted by two bilhops of the Britons, who were not in communion with
Rome. Chad did hereupon retire to his rhonaftery at Leftingham ; but
Theodore, moved by his piety and humility, would not fuffer him to be
diverted of the epifcopal character, fupplying the alleged defect in his former
vifitation by. a new impofition of hands. On the retiring of Chad, Wilfrid Bed. 1. 4, c . j,
became fole bifhop of Northumberland, that is, of all king Ofwy's domi-
nions, which extended from the Humber to the Frith of Forth, and had
been increafed by the conqueft he had lately made of Lincolnlhire, which
was then part of the Mercian dominions on the fouth of the Humber.
Belides this vaft diocefe, Wilfrid had the government of nine abbies, and Rk H de
being ever ready to accept, and indeed to folicit, the moil: extravagant Ha gu m. Ecc,
donatives, which the ignorant fuperftition of the age prompted the great ones c ' 3 '
to- beftow, he built and adorned in the mod fumptuous manner his -j- churches

and

* Wilfrid was a Northumbrian cf noble birth, and being recommended by Eanfleda, Ofwy's
queen, to a certain nobleman called Cudda, who retired to the monaftery of Lindisfarn, did attend
him thither as his companion, and continued tbeie from the 14th to the 1 8th year of his age.

f His principal works were the reparation of the cathedral of York, the roof of which he
covered with lead, and glazed its windows, A. D. 670, and two magnificent churches at Rippon
and Hexham. Eddius dtfciibes him as attended in his progreffes, when performing his epifcopal
functions, not only by his fingers, whereof liddius himfelf was one, but by mafons and artifts of
almoit every kind. Ed. c. 14. Thus religion was, in thofe times, made the means of introducing
and improving the arts among a fierce and barbarous people. It is plain from various paflages in Bede,
that the monks of thofe times employed themfelves in agriculture and the arts. In his hiftory of
the abbots of Weremouth and Jatrovv, he celebrates the humility of Eaftenvin, whom Benedict.
1 Bifchop,

3 o THE BORDER. HISTORY OF

and abbies ; employing in thefe works the moft fkilful ertifts he could procure
Edd. c. ii. f r om France and Italy. Nor was his magnificence in other refpects inferior
to that of his buildings ; for in his family the Ions of many of the Northum-
brian nobles refided for their education ; his attendants were numerous -,
his furniture fplendid ; and at his table he is laid to have been ferved on
Bed. I. + . c. 19. gold. His great patronefs was Etheldrida, the queen of Egfrid, famed for
Ric.Hag. e. 1, preferving her virginity, during twelve years marriage with that prince.
7- From her he received Hexham and the adjacent lands, faid to have been

lands of her own dowry, for the fupport of his convent and magnificent
church * there. But Wilfrid was unhappy in the retreat of fo mighty and
generous a friend from the palace to a Nunnery. The rjr queen, by her un-
« . •■»•«■ »9- cea fi n g importunities, prevailed with her hufband to allow her to make this
retreat-, and fhe received the veil from the hands of Wilfrid in the abbey of
Coldingham, then under the government of J Ebba, aunt to the king.
Ermenburga fucceeded Etheldrida in the king's bed ; but not in her friend-
fhip to Wilfrid. The new queen's averfion to that prelate ; the jealoufy and
envy excited by his immoderate wealth and ambition ; together with the
refentment flowing from a fufpicion of his having encouraged § Etheldrida
to turn Nun, determined the king to enter into meafures for humbling him.
Bed. 1. ;. e. 5. For this purpole he obtained the aid of Theodore archbifhop of Canterbury,
liwiiw'dtffiiied wno ' n lne y ear a ^ ter he arrived in England, held a council of || Englifh
at this council bifhops, by which, among other regulations, it was enafted, that, upon
th e 1 'la« 8 of It" account of the increafing numbers of the faithful, the number of bifhops

bear.

Bifchop, firft abbot of Weremouth, had afTumed as his collegue in the government of that con-
vent; and as a proof of it, relates, that although he was a man of noble birth, and had been the
minifter of king Egfrid, yet having abandoned (ecular arms and affairs, he fought not, in any
refpeft, to be diftinguilhed from the other brethren of the monaftery, but along with them would
fan, and grind, milk cows or (beep, and, with great pleafure, work in the bakehoufe, garden,
kitchen, or employ himfelfin any other bufinefs of the monaftery. He likewife relates, that when
Eafterwin was going abroad any where about the affairs of the convent, and found the brethren
at work, he would immediately join himfelf with them, either in guiding the plough, beating out
iron, making the fieve, or any other labour. (Bed. Ed. Smith, p. 296.) Alfo in his ecclefiaftical
hiftory, (!. 5. c. 14.) he gives an account of a wicked monk, who, before his death, faw in a
vifion the place prepared for him in Hell. This monk Bede himfelf knew, and fays, that though
he was often rebuked by his fuperiors and brother monks, for his drunkennefs and irreligion, yet
they ftill bore with him, becaufe of the need they had of his works, he being a very expert
mechanic.

* Richard of Hexham, after defcribing this magnificent ftruclure which was facred to St.
Andrew, fays, that there was none like it to be found at that time on this fide of the Alps. C. 3.

f Qneen Etheldrida was daughter to Anna king of the Eaft Angles, and had been married firrl
to Tonberet, a grandee in her father's dominions, with whom fhe alfo lived a virgin three year*.
She is faid to have received the veil from Finan bifhop of Lindisfarn. Dugdale Monaf. vol. ii.
loci.

X Amita, aunt by the father fide, being the diughter of king Ethelfrid, and the fifter of Ofwy
and Of* aid. She fettled firft at Ebchefter, a place on the river Derwent, which runs into the
Tyne, that ftill bears her name, and afterwards removed to Coldingham. Smith ad Bed. 1. 4. c. 19.
Etheldrida, after a year's refidtnee at Coldingham, retired to Ely in her native country, and became
abbefs of the monaftery there. Sixteen years after her death, her body was taken up incorrupted ;
a demonstration of her faintlhip and virginity. In fucceeding limes, fhe was commonly known by
the name of St. Audrey of Ely,

$ Wilfrid himfelf told Bede, that Egfrid had promifed him much riches in money and lands, if
iie could perfuade the queen to allow him matrimonial commerce with her.

5 fhould

ENGLANDANDSCOTLAND. 31

mould alfo be augmented. Wilfrid's great intereft at court had hitherto
hindered this fcheme from taking effect in the Northumbrian kingdom.
But the king and court being now his enemies, and the enormous extent of a. d. 6 7 s.
his diocefe being moft apparent, Theodore very willingly gratified the king,
by confecrating Bofa, bifhop of the province of Deira, and Eata, abbot of
Mailros and Holy lfland, of Bernicia-, the former having the feat of his
biihoprick at York, and the latter at Hexham or * Lindisfarn. Thefe ? d c , d '^ - *' c- I2-
things were done without the privity or confent of Wilfrid ; who efteeming
himielf grievoufly injured, repaired to court, and in the prefence of the king
and Theodore appealed to the fee of Rome for redrefs. This appeal, being
the firft of the kind in the Englifli churches, was treated by Egfrid and his
courtiers with contempt; but Wilfrid, Heady in his purpofe, fet out im-^j) . e
mediately for Rome, where he received the ufual welcome given to appel-
lants, and obtained a favourable decifion, from Pope Agatho, and a council
of bifhops. With this he returned to England, and prelented it to Egfrid ;
but the king and his council rejedled it with indignation, alleging it had been za. c. 33.
procured by bribes, and committed Wilfrid to prifon. After remaining
prifoner about a year, he was fet free upon the interceffion of -f Ebba the Cold- Ib
ingham Abbefs, but upon condition that he fhould immediately abandon the
Northumbrian dominions. He continued in exile during the remainder of the
reign of Egfrid and the firft year of his fucceflbr, being employed moft part
of that time in converting the pagans in Sufiex and the 1 fie of Wight, for e^, Bede.
which he received ample rewards from the kings to whom thefe places were
fubjecT;. His zeal and diligence in this work did alfo contribute to make his
peace with archbifhop Theodore ; who, by his interceffion with the new
Northumbrian king Aldfrid, obtained leave for him to return to his native
country. Upon his return, he was put in pofTeffion of the fee of J Hexham, a. d. 6$$,
and after St. Cuthbert's death, had, for a year, the adminiftration of the or687>
fee of § Lindisfarn, until Eadbert was advanced to that charge. Afterwards
he is faid to have been reftored to the fee of York ** r and the pofTeffion of his Edd - c - *s»

* This is the precife account given by Bede. Wharton Ang. Sac. p. 963. whom Carte follows,
fays, that Lindisfarn, the ancient feat of the bifhops of Northumberland, was left to Wilfrid ; but
what authority can there be for this, fufikient to countervail the concurring relations of Eddius and
Bede ?

f The king and queen in a progrefs through their dominions came to Coldingham abbey, when
the queen having been whipped a whole night by the devil,, and in the morning being convulfed
and ready to expire, Ebba allured the king, that the caofeof thefe fufferings was his treatment of
Wilfrid, who wa-> thereupon liberated from prifon and difmifled, and a bag of relics reftored to hinv
which Wilfrid had brought from Rome, and which the queen had robbed him of, and carried about
with her, as the Philiftines, fays Eddius, did the ark of old, to her own plague. Wilfrid being
thus in part redrefTed, the queen was healed. Eiid. c. 38.

X This diocefe is faid to have extended from the Tees to the Alne.

$ During this time, Bede relate?, that the monks of Lindisfarn, were in fuch diflrefs and
danger, without mentioning particulars, that feveral of them abandoned the convent. It is-
probable, that thefe troubles arofe from Wilfrid's attempting to abrogate the rules of St. Cuthbert,
and the faints his predcceflbrs, which had been eftabliihed amonglt them ; and to introduce in the
room of thefe, the Benediftine dilcipline ; which he did in all mcmafteries where he had power or
influence,

** This is the account given by Eddius^ c. 42 ; but Bede and others fay nothing of Wilfrid's
sefloration to the fee of York.

monaftery ;

3 2

THE BORDER-HISTORY OF

V>. c. 45,

monallery at Rippon : but foon after the death of Theodore, new diflenfions
breaking out between Wilfrid and the king, the former was again expelled
A.D.e 9 i. £ rQm Northumberland and obliged to leek refuge in the neighbouring king-
Edd. c.54. (Jom of Mercia, where king Ethelred received him well, and gave him the
a.d. 703. administration of the fee of Leicefter. Twelve years after, a council held ac
Nefterfield near Rippon, by Beretuald archbifhop of Canterbury, at the defire
of the Northumbrian king Aldfrid, took cognizance of Wilfrid's conduct:,
and ftripped him of all his poffeffions in Northumberland. But they were
not able to fubdue his ipirit. He upbraided his judges for their contempt of
the decrees of the apoftolic fee, appealed anew to Rome, and at the age of
feventy, made a journey to that city to profecute his appeal. Again he re-
turned victor *, having obtained a decree in his- favour from Pope John VIII.
and a council held at Rome. In confequence of this judgment, the arch-
bifhop of Canterbury convoked on the bank of the river Nidd in Yorkfhire,
an aiiembly, where the Northumbrian king Ofred, then a minor, being
prefent with his nobles and bifhops, an agreement was concluded ; by which
Wilfrid was reftored to his monafteries of Hexham and Rippon. Very foon
after Bofa dying, and the famous St. John of Beverly, who was then bifhop
of Hexham, being tranflated to York, Wilfrid regained his diocefe of
Hexham ; and four years after died quietly at his monaftery at Oundle.
A. p. 709. Thus Wilfrid, during a long and buftlinp: life, attained to fame and eminence
by the ufual helps of abilities, ambition, and an unfubmitting refentful fpiric,
while his monkifh aufterities, devotion to the fee of Rome, and zeal in
extending its authority, and introducing its frivolous ufages, obtained him
from that church a powerful fupport in the time of his life, and the title of
a faint after his death f.

* Aldfrid was alive, when Wilfrid returned from Rome, but pofnively rerufed to comply with
the pope's decree ; of which obitinacy he is faid to have repented on his death-bed. [Bed. Edd.
c. 57.] Eadulph. who, after Aldfrid's death, ufurped the kingdom, which he held only two
months, was equally pofitive in rejecting Wilfrid.

f He was buried in the church of St. Peter at Rippon, fplendidly built and adorned by himfelf.
•Sede gives his epitaph, in a ftyle of poetry fuperior to the ordinary productions of that time :

Wilfridus hie magnus requiefcit corpore prsful,

Hanc Domino qui aulam, duftus pietatis amore

Fecit, et eximio facravit nomine Petri,

Cui claves coeli Chriftus dedit arbiter orbis,

Atque auro ac tyrio devotus veftiit otlro.

Quinetiam fublime crucis radiante metallo

Hie pofuit trcpsum ; necnon et quattuor auro
. Scribi evangelii prscepit in ordine libros,

Ac thecam e rutilo his condignam condidit auro.

Pafchalis qui etiam folemnia tempora curfus

Catholici ad jullum correxit dogma canonis

Quern llatueie patres, dubioque errore remoto,

Certa lua' genti ollendit moderamina ritus :

Inque locis idiE monachorurn examina crebra

Coflegit, ac monitis cavit quas regula patrum

Sedulus inllituit, multifque domique forifque

Jaclatus nimium per tempora longa periclis,

Quindecies ternos potlquam egit Epifcopus annos,

Tranfiit, et gaudens ccelellia regna petivit,

Dona, Jefu, ut grex palloris calle fequatur.

ENGLAND AND SCOTLAND. 3i

It was about this time, that the monaftery of Coldingham, a (lately and Bed. 1. 4. c » s .

fpacious edifice, was, through negligence, con fumed by fire. This edifice,
as was ufual in thofe times, was inhabited by monks and nuns, who, though
dwelling in different parts of the monaftery, were not fo effectually leparated
as to prevent a grievous relaxation of difcipline and the daily practice of
many enormities ; which greatly increafed after the death of their pious
abbefs Ebba. The deftru&ion of their dwelling was univerfally believed s; m d™.
to be a fignal judgment inflicted by Heaven, on the wickednefs of the monks "'" c D !"' g E "*
and nuns. Cuthbert and his monks in Lindisfarn took the alarm. That
holy prior being foon after made bilhop, forbade the approach of women to
his convent. They were not even allowed to enter the church where the
monks performed their devotions •, but had another church *, at a confider-
able diftance, erected for their uie. The cuftom thus introduced, of for-
bidding the accefs of women to the churches, or ccemeteries where Cuth-
bert's body had refted, continued long •, and miracles are related of dreadful
punilhments befalling the unhappy females who prefumed to infringe ir.

The fucceflbr of Egfrid in the Northumbrian kingdom was Aldfrid, an Bed.i. 4. c. «6.
illegitimate fon of Ofwi; his legitimate offspring being extinct in Egfrid. a.d. 6Sj.
Aldfrid, in the former part of his life, applied hi'rnfelf with much diligence
to the ftudy of facred learning ; in queft of which he had retired to the
Hibernian or Scottiih iflands. But by the advice and influence of the queen Bad v!t>
and Cuthbert, the Northumbrians, in the general diftrefs that followed the s '-Cudb.
defeat and death of Egfrid, agreed to raife him to the throne. Aldfrid found
the kingdom reduced to narrower limits f, but being a man of vigour, he was
fuccefsful in repairing its fluttered Jlate, and defending it againft its adverfaries.
After his death, which happened in the 20th year of his reign, the crown A ' D< 7°s-

* This, fays Simeon, was called Grenechirche, from its fituation on a green plain in the ifland.

f What thefe limits were cannot be diftin&ly afcertained. But it is plain from Bede's ftory
of the monk Dryethelme's vifion of Hell and Purgatory, 1. 5. c. 12. that they extended farther on
the fide towards Scotland than in fucceeding times ; for the monaftery of Mailros was then included
in Aldfrid's dominions. The fituation of this monaftery, as defcribed in two places by Bede, agrees
well with the fituation of the place now called Old Mailros. In I. 4. c. 27. he fays, it is fituated
on the bank of the Tweed : and in 1. 5. c, 12. he adds, that molt part of it is inclofed by a
bending of the Tweed.

Dryethelme ufed to relate his vifions to king Aldfrid, and was admitted a monk in the convent of
Mailros, at the defire of that king, who, when he came into thefe parts, frequently vifited him.
Dryethelme had a eel! afligned him in the moft retired part of the convent, that he might be lefs
difturbed in his continual devotions. And the place itfelf being fituated on the bank of the river,
he ufed often, for the fake of mortifying his body, to go down into it, and plunge in the dream.
There he continued praying and finging pfalms as long as he could, the water fometimes coming
up to his loins and fometimes as far as his neck : and when he came out from it, he never thought
of calling off his wet and cold garments ; but wore them till they grew dry and warm on his body.
And in the winter when encompafled with crufls of ice, that flowed down the river, and which he
fometimes broke to make room for his Handing or dipping in the water; while thofe who obferved
him would fay, It is llrange brother Dryethelme how you can bear fuch extreme cold ; he anfwered
calmly, being naturally a meek and fimple man, I have feen greater cold. And when they ufed
to fay, it is llrange you fhould fubmit to fuch fevere difcipline, he ufed to reply, I have feen more
fevere ; alluding to the torments of Hell and penalties of Purgatory which he hjd feen in a vifion.
Bed. 1. 5. c. 12.

was

THE BORDER-HISTORY OF

was fe'ized by Eadulf, to the exclufion of Ofred, the elded of Aldfrid's

children, a boy, at that time, of eight years of age. But Bere&frid, a

zealous friend of the late king and his family, retired with Ofred into die

ftrong fortrefs of Bamburgh ; and, the bulk of the nation foon declaring for

the young prince, he was raifed to the crown, the management of his affairs

being intrufted to BerecWid. Ofred * fell in battle after a reign of eleven

a. d. 716. years, and was fucceeded by Cenred ; who having reigned two years, had for

his fucceflbr Ofric the fecond fon of Aldfrid. Oi'ric died after reigning about

a.d. 729. eleven years, and nominated for his fucceffor Ceolwulf, the brother of his

predeceflbr Cenred. From this choice of him by Ofred and fome ancient

genealogies, it is inferred by fome, that Ceolwulf was neareft to the crown of

Carte, »oi. i. any of Ida's remaining defendants -j-. It is more certain, that he was the

prince to whom Bede infcribed his Ecclefiaftical Hiftory, which was finilhed in

the fecond year of Ceolwulf's reign. The venerable author died four years

after; and for a confpicuous proof of the prevailing fpint of monkery, even

Bed. 1. 5 .c.2 3 . among thofe of the higheft rank, which Bede mentions as a characteriltic of

aifo e p . ad kgb. that age, Ceolwulf, after reigning about eight years, refigned his crown to

Zb A'.D."y' i7 . Eadbert the fon of his uncle Eata, and became a monk in the convent of

Sim. Hi*. Lindisfarn. He carried along with him confiderable treafures, and added

d.e. 1. 2.C1. f ome new ] anc | s to tr)e ] ar ge eftates that had been given to St. Cuthbert by

Rog. Hoveden. feveral of his predeceflbrs. He alfo procured an improvement in the living

of the monks ; fubftituting ale and wine, in the room of water and milk,

which were the only liquors they had been permitted to ufe, by the rule of

Bed. Contin. their founder Aidan. In this retreat he fpent the remaining twenty-two years

Bromptoa, °f nis hfe, acquired the title of a faint, and had his body depofited near that

?• "95. of St. Cuthbert ;j\

Eadbert the fucceflbr of Ceolwulf was a prince of eminent talents and high
A. D. 7S 6. reputation**. In the eighteenth year of his reign, having joined his forces

with

* With Ofred, Naitan king of the Pitts (PiBorum qui feptentrionales Britannia plagas inba l i-
taut) was cotemporary ; to whom Ceolfrid, the abbot of Monks Weremouth and Jarrow fent a
letter, A. D. 71 5, concerning the time of obferving E ifter and the clerical tonfure according to the
Roman rite, which is inferted by Bede, H. E. 1. 5. 21. and was probably written by Bede himfelf,
who was, at that time, and all the reft of his life, a prielt and monk in the monastery of Jarrow.
This better was intended to inltrudt the king more fully in the reafons of ihe Roman obfervances ;
and fe vtd the purpofe of confirming his approbation of them, and of engaging him to eftablifh
ihem throughout his dominions. Together with this letter, Ceolfrid in compliance with the king's
requeft, lent him architects to build for him a church of Hone, after the Roman manner, which
Naitan promifed to dedicate to the prince of the apoftles. Benedict Bifchop, the founder of the
abbey at Monks Weremouth, and Ceolfrid's immediate predeceflbr, brought mafons from France
to build a (tone church there in 675. He is alfo faid to have fent to France for makers of glals,
in order to the glazing of the windows of his church, and to have been the firll who introduced
thefe attills into Britain. Wilfrid is faid by Eddius to have caufed the windows of the cathedral
of York to be glazed in 6705 but perhaps he imported his glafs.

f Being fprung from tdric the fourth fon of Ida; after the lines of Adda, Theodorick, and
F.ihelrick, his (Ida's) three elder fons were extinct.

X it was afterward removed by rig/rid, bifliop of Holy Ifland, to Norham ; and long after, his
head was tranflated to the church of St. Cuthbert at Durham. Sim. Dun. ibid.

** Cynewulf, who/ucceeded Ethelwold in the bifhopric of Lindisfarn, in the third year of this
king's reign, had the misfortune of falling under his dilpleafure. Eadbert blamed the prelate for

fullering

ENGLAND AND SCOTLAND. 35

with thofe of Unuft kins of the Picls, and led them againfl: the city of >""■ " l,n - ie

• g It Res Aiifi

Aleluyth afterwards Dumbarton, the Britons who held it were obliged to p ", e.

fubmit to thefe powerful aggrefiurs, on the firft of Auguft:. Pepin king of J u c rg jj™ ft ]

France was Eadbert's cotemporary, and is faid to have cultivated his friend- c. 3.

fhip by many royal prefents. But all his fame and his fuccefies, together,

wi:h the earned; entreaties of the neighbouring princes*, would not reftrain him

from following the example of his predeceiYor, in retiring from a throne to

a cloiiler. After a profperous reign of more than twenty years, he refigned a.d. 7jg.

his crown to his fon Olulr, and withdrew to a convent in York •, where his

brother Egbert -f was archbifhop, and where the royal monk himfclf, after ten

years, died, being, according to Matthew of Weftminfler, the eighth of the

Saxon kings, who exchanged a temporal crown for an eternal. His fon Sim D

Ofulf was murdered by his own domeftics, in the firft year of his reign ; and chr.' s«.

was fucceeded by Ethelwold, firnamed Molt, who doth not appear to have

been any way related to the royal family. In the beginning of the third

year of Ethelwold's reign, Ofwin, who teems to have claimed the crown by

right of blood, undertook to recover it by force; but was killed in a battle s - A ',P' 76r '

which began on the 6th of Auguft, and lafted three days, near Eldun £ in the cefi. Re"'.

neighbourhood of Mailros. Ethelwold did not enjoy his crown long ; being p. n ^.. p - ,o6 '

obliged, three years after, to refign it to Alered the fon of Eanwin and a

defcendent of Ida. Alered having reigned nine years, was deferted by his

family and nobles, and obliged, in the time of the Eafter feftival, to Ch A, s D ' 774 '

abandon York and feek his fafery in flight. He firft retired to Bamburgh **, fi. vi g . '

and thence, accompanied by a few, to Cynoth king of the Pi&s. Ethelred,

the fon of Ethelwold Moll, was placed on the throne, but being driven into a.d. 779.

exile five years after, iElfwold the fon of Ofulph recovered the crown of pj"i^™:

fuffering Ofra the Ton of Aldfrid, one of the blood royal, after almoft perifhing by hunger in the
fanctuary of S". Cuthbert, whither he had fled for refuge, to be carried away from it by unarmed
foes, who afterwards put him ti a cruel death. The king thus provoked, befet St. Peter's church,
feized the bifhop, and detained him a prifoner in Bamburgh, committing the adminiftration of his
Seeto Fredbert bifhop of Hexham, until Cynewulf having made his peace with him, was reftored
to his bifhopric. Turgot, I. 2. c. 2.

* Simeon fays, the Englifh kings offered him fome part of their territories, provided he would
retain his royal dignity.

+ Egbert, being a prelate of fpirit correfponding to his high defcenf, obtained from Rome the
archiepifcopal pall, A. D. 736, which none of his predeceflbrs had pofleffed lince Paulinus. He
was eminently learned, and for the advancement of learning erected at York a noble library; in
imitation of what archbifhop Theodore had done at Canterbury in the preceding century. Stubbs.

J Eldun is the name of a village, and of the three remarkable hills j nil above it, to the weft.
Eldun, Aldyn, Hieldun, Halydon, Yeldun, all mean the fame village, or the hills hard by it ; the
latter giving name to the village rather than the village to the hills. Simeon does not fpeak of
Eldun as being then without the bounds of the Northumbrian kingdom. Chr. Mailros, places
this vifiory in 760 ; and fays, that Unuft king of the Picls died the fame year.

•• On this occafion Simeon defcribes Bamburgh, or, as he calls it, Bebba. " Bebba vero civitas
urbs eft munitiffima, non admodum magna, fed qeafi duorum vel trium agrorum fpatium, habens
unum introitum cavatum et gradibus mira modo exaltatum. Habet in fummitate montis ecclefiamt
praepulchre faclam, in qua eft fcrinium fpeciofum et pretiofum ; in quo involuta palliojacet dextra
manus Sancli Ofwaldi regis incorrupta, ficut narrat Beda hiftoriographus hujus gentis. Ell in
occidente et in fummitate ipfius civitatis, fons miro cavatus opere, dulcis ad potandum et puriflimus
ad videndum." De Geft. Reg. An. A. D. 774.

F 2 his

36 THE BORDER-HISTORY OF

his anceftors. JElfwold was a prince of piety and juftice ; but theffc were

not fufficient to fecure him againft that fpirit of rebellion and anarchy, which

Ha B .Ec g 'i. d i. had prevailed fo long among the Northumbrians. He fell a victim *, in

c 17. the tenth year of his reign, to a confpiracy formed againft him by Siga one

FW.'vig? 8 *' °f nis nobles. His nephew Ofred, the fon of king Alered fucceeding him,

Ric'Hag! was fuffered only to reign a year-, his nobles having treacheroufly leized him,

sim.'Dun?°' fliaved him as a monk, and forced him into a monaftery at York. Ethelred,

the fon of Moll, being recalled from exile, Ofred fled for refuge to the Ifle

a.d. r9 i. f Man. Oelf and Oelfwin, the Ions of iElfwold, foon fell victims to

Ethelred's treachery and cruelty : and Ofred, being drawn from his retreat

s; m . Dun. by the oaths and entreaties of a part of the nobles, was betrayed and deferted

chr R s«." by his followers, and falling into the hands of Ethelred, was put to death

a. d. 792, by him at Aynburg. Ethelred endeavoured farther to fecure his poffeffion of

s; m . Dun. the Northumbrian kingdom, by marrying Elfleda, the daughter of his

chr. Sax. powerful neighbour Offa king of Mercia. But all thefe precautions did not

avail to fave him from a violent death, by the hands of his fubjecls, in the

a. d. 79 6. feventh year of his reign f. His fucceffor Ofbald, one of the grandees of

Ch • ' the kingdom, was not fuffered to reign a month to an end. Being railed to

Fi.vig*' the throne by a few of the nobles, who were not able to fupport him againft

a combination of a far greater number; he fled for refuge firft to Holy

Ifland, and then by fea to the king of the Pi&s J. Eardulf § was his

Wa.d. 79 g. fucceffor, and in the fecond year of his reign (a) fought a battle ||, againft

G. m R D A.' a d Wada the chief of the confpirators who had killed Ethelred. In this

Ann - battle there was much (laughter on both fides, but Eardulf prevailed; and

for the farther fecurity of his crown, according to the barbarous ideas of

a. D.800. fecurity which then prevailed, he put to death Alchmund the fon of Alered,

in whom the ancient race of the Northumbrian kings was wholly extinguifhed.

Seven years before this event, the Danes made their firft deicent ** in Bri-

A.D. 793. ta j n ^ t jj at h;ft or y gi ves an y account of. As they were Heathens in religion,

* ^Elfwold was killed at a place called Scythechefter near the wall, and was buried wi:h great
folemnity in the church of Hexham. A miraculous light was faid to have been often feen over the
place where he was killed. Sim. Dun. Ric. Hag.

f At Cobre. Alcuin wrote on this occafion to Offa king of the Metcian?, whofe fon-in-law
Ethelred was, that Charlemagne was greatly provoked at the Northumbiians, on account of their
perfidy and cruelty to their kings, erteeming them worfe than Pagans. Gul. Malm. p. 26.

I Ofbald became afterwards an abbot, and dying in 799, was buried in the church of York. Sim.

§ Eardulf was the fon of a great noble or genera! of the fame name, who had been put 10 death
by the orders of king Ethelred in 792. His fon now made king was recalled from exile ; and was
the firft Saxon king, and the only one, fo far as appears in the heptarchy, who was confecrated by.
the ceremony of Unction, which he received in the cathedral of York, from the hands of atchbifhop
Eanbald, affifted by Higbald, Ethelbald, and Budowulf, bifhops of Lindisfarn, Hexham, and
Whithern. Sim. Dun. Geft. R. R. Ang. anno 796. Chr. Sax.

H It was fought, fays Simeon of Durham, in a place called by the Englifh Billingahoth, near
WallaWe. According to Dr. Gibfon, in his explication of names in the Saxon Chronicle,
Wa]!alege is the fame with Whaley in the eaftern pait of Lancashire.

• * Six years before, fome of them are faid to have been feen on the coaft of Dorfetftiire, having

approached with three (hips in order to take a view of the ifland. At that time they killed a.

public officer, who was attempting to biing them before the king or governor of the adjacent

diltridi, to give an account of themfelves. Chr. Sax. Carte,, vol. i. p. 287. Tyrel, vol. i, p. 235.

2 they

ENGLAND AND SCOTLAND. 37

they treated the churches and monasteries, together with the priefts and monks, Chr - s«.
their guardians and inhabitants, with unrelenting cruelty. Hjgbald, the 5th "h™d. 1"), 1.
in fucceliion from S>. Cuthberr, was then bilhop of Lindisfarn *; and un- c > *•
dtrwent the diftreis of keing his fanctuaries profaned, the abodes of the monks
overturned, and their treafuas plundered. Some of the holy brethren the
barbarians (lew, others they carried into captivity : fome they drove ignomi-
nioufly naked out of the convent, and fome they drowned in the fea. In the
year following, they re-acled the fame fcenes of cruelty on the monaftery of
Jarrow ; buc St. Cuthbert's juft wrath, as the monks inter; rtted it, foon arter
overtook them : for, in this deicent, their chief falling into the hands of the
Englilb, was put to a cruel death ; and a terrible ftorm arifing, their fleet was
difperfed and fratteied, and a great part of it wrecked •, the inhabitants ot the
country deilroying thofe who attempted to gain the fhore. The Pagans had
not been acquainted with what the monks of Landisfarn accounted their thief
treafure; for the body of Cuihbert was left unhurt; and after the barbarians
retired, the few monks who had efcaped, returned to their convent •, and there
alio the epifcopal feat continued for a confidcrable time after.

Eardulf, the Northumbrian king laft-mentioned, appears to have been a
prince of fpirit. Some of his enemies having been protected by Kenulf, king Sim. n un .
cf Mercia, Eardulf raifed an army, and led it againft the Mercian king, who, A ' ,8 °''
on his part, made great preparations for defence. But a reconciliation was
effected by the interpofuion of the prelates and nobles of each kingdom •, and
a peace concluded, to continue during the lives of the kings. Eardulf, being
expelled from his kingdom a few years after, was fucceeded by Elfwold, who
enjoyed that precarious crown two years. His fucceflbr was Eanred, the fon
of his predecefibr Eardulf, who is faid to have reigned thirty-three years.
About the :oth of his reign, according to Malmefbury's computation, he be- A D 8
came tributary to Egbert -f, King ot the Weft Saxons •, on whom, and his
fucceffors, the Northu nbrian kingdom continued afterwards dependent, unleis.
when fubjedr. to the Danes. Eanred's fon, Ethelred, fucceeded him ; and in
the 10th year of his reign was flain by Ofbert; who immediately afcended the a.d, 850,
throne in his itead J.

* After the death of Cuihbert, Wilfrid adminiftered the bifhopric one year, Eadbert held it ten
yea's, Eadfrid twenty-two, Ethehvold fixteen, Cynewulf forty-five, during the four laft of which,
his fuccefibr Higbald was his coadjutor. Higbald was fole bifhop twenty years, and the defcent of
the Danes happened in the eleventh year of his prelacy. It was at the defire of bifhop Eadfrid, that
Bede wrote the life of St. Cuthbert, which he inferibed to Eadfrid and the monks of Lindisfarn.
Ethehvold, Eadfrid's fucceflbr, was a prieft and abbot in the monaftery of Mailros. Sim. H, E. D.
1. 2. c. 3, 4, 5. Bed. 1. 5. c. 12.

f As foon as Egbert had paffed the Humber and advanced with his army to Dore in Yo.kfhire,
the Northumbrians fubmitted to him and became his fubjedb. (Chr. Sax. ad A. D. 827. Carte,
vol. i. p 286.)

I According to Malmefbury, after the death of Ethelred in 796, nobody had courage enough to
accept the Northumbrian crown ; the advancement to it appearing, in fo many inftances, to lead
to certain dilbuftion. Hence the Northumbrians continued in a ftate of anarchy thirty-thiee years,
at the end of which they became dependent on Egbert, to whom and his fucceffors, the kings who
afterwards reigied in Northumberland, paid homage and tribute. Malmefbury's account of this
matter appears to be lame and imperfect, and more credit feems due to the relation of Simeon of
Durham^

38 THE BORDER- HISTORY OF

In the end of the reign of Eanred, and former part of that of his fon Ethel-
red, a great revolution was effecfled in the neighbouring country of Scotland.
That country had for many ages been poffefTed by the Scots and Piils ; the
former inhabiting the Weftern, and the other the Eaftern part of it. The
intimate union, which had long fubfifted between thefe people, was greatly
impaired by the Pi&s entering into leagues with the Saxons, againft the Bri-
tons, with whom the Scots were in alliance. But the ftrifes that arofe from
this, and other fources, were often fucceeded by intervals of peace and con-
cord •, during which there were frequent intermarriages between the royal

Ford.1.3. c.24. families of the two kingdoms. In confequence of fome affinity of this kind, the
Scottifh. king Dungal, the fon of Selvachius, who began to reign in the year
824, laid claim to the PicYifh throne *. But the Picks refuting to acknowledge
A. d. 831, his title, he commenced a war in fupport of it. He died in the feventh year
of his reign, while the ftrife was yet depending : and his fuccefTor Alpin,
continuing the war with great fury, fell a viciim to the refentment of Ids ad-

U. i. 4. c 2. verfaries, after a reign of three years. For the Picls having defeated him in
battle and taken him prifoner, they rejected all offers of ranfom, and cruelly
cut off his head. His fon Kenneth, having the powerful incentive of reveng-
ing the death of a father, added to the fame claims with tbofe of his prede-
ceffors, and having the addrefs to re-animate the courage of his nobles, fadly
difpirited by the late defeat and lofs of their king -, relumed the war, with
invincible refolution, joined to talents far furpaffing thofe of the preceding
a. p. 839. kings. In the fixth year of his reign, having defeated and flain in battle

Ford 1 4« c, t* D J o ' o

j, 13, Drufken the laft Pictifh king -f, he feized the government of his dominions ;

and uniting them to thofe he inherited from his ancefcors, became the firffc
monarch of all Scotland. But the remaining warriors of the Pictifh nation
ftill continued a fierce oppofition to their conquerors ; wherein they were
affifted by their ancient allies the Saxons of Northumberland. The obftinate
and united efforts of thefe people ferved only to give new opportunities to

* H. Boethius, and the other Scottifh hiftorians who copy from him, pretend to explain the
particular ground of the title, by which the Scottifh kings claimed the crown of the Picls. But
how thofe writers could have any good authorities for this, unknown to Fordun, is hard to account
for; and Fordun fays exprefsly, No-vit ille, cui nihil ignotum eft, hanc ultima contention!* caufam,
et quorum culpa captum eft ctudelijjimum hoc helium, &c. Scotich. 1. 3. c. ult.

+ In the cataogue of the Piclifh kings, published by father Innes, from an ancient M-!. now in
the French king's library, the name of the laft of thele kings is Bred ; the 76th from Cruidne or
Cruyihne, who is the firlt PicTtifh monarch both in this chronicle publifhed by Innes, and in the
catalogue given by Fordun, Innes endeavours to reduce to a juft. chronology the reigns of thefe
Piclifh kings, according to the years feverallv afligned them in his MS. Chronicle, down from
Drull the 37th of them, whofe reign began A. D. 406. to the dellruclion of their line by Kenneth,
which happened according to the fumming of thefe reigns in 842. And he finds the dates of
events in the reigns of fome of the Piclifh kings, which may be depended on as being given by
good hiftoriariSj and the moll of which are mentioned above, to accord with a chronological table
which he deduces from his Chronicle : while the catalogue and lengths of thole reigns given by
Fordun cannot be reconciled to thofe dates. But Goodall, in c. 9. of his learned preface to Fordun,
makes fome remarks that feem very much to fluke the credit both of the favourite Chronicle and
its commentator. Innes, App. to Crit. Effay. In truth, nothing autheutic feems to remain of the
hiltory of the Picls, but a few gleanings from the hiftory of the Scots and Saxons; which, during
the period of the Piclifh monarchy, are themfelves extremely imperfed.

1 Kenneth,

ENGLAND AND SCOTLAND. 39

Kenneth, of increafing his glory and adding to his dominions. For as he is Hig<Jen'< Poiy.
laid to have extended thefe to the Tweed, it feems probable that, befides the »io° n ' p ' ' 94 '
country of the Picl?, he conquered alio a confulerable territory, from the
.Saxons*, which the latter held to the north of that river. Some milerable
remains of the Picts, after having haraffed their conquerors, for a while,
from the defarts and faftneffes of the country late their own, were at la(t
obliged totally to abandon it, and to feek refuge among the Saxons or Nor-
wegians : fo that hiftory affords few examples of any nation, which, with its
language, and almoft every memorial of its exiftence, was fo entirely extirpated,
as that of the Pitts.

The time when the river Tweed became the boundary on the eaftern fide Hu i" ! nst-
of the Jfiand, between the Scots and Saxons, feems a very probable Era for
the building of Berwick, the moft remarkable town on the eaftern border,
and the fcene afterwards of great events; or at leaft, for its becoming consi-
derable as a place of ftrength. While the Saxons poflefied the country on the
north of the Tweed, the fituation of Berwick was remote from their frontier
towards the Pitts, and at the fame time fo near the royal refidence at Bam-
burgh, and the epifcopal fee of Holy Ifland, that it could not rife to fame or
importance, either as a fortrels or as a feat of civil or religious government:
and the commerce of that age and corner was too trivial, to render it any
way eminent or fiourifhing. But when Tweed became the boundary of the
Scots towards England, it was natural for them to raife a town in the fitaation
of Berwick, and to ftrengthen it by fuch rude walls, as that age was acquaint-
ed with, as well as by a colony of fighting men, for the defence of the town
itfelf, and the neighbouring frontier. But it cannot, however, be faid, that
the probability of Berwick becoming about this time a place of importance,
is much increafed, by its appearing for the firft time, fo far as is known in
hiftory, in the account given by the Scottifh hiftorian Hettor Boethius, of the
reign of Donald, the brother, and immediate fucceffor of Kenneth, the
conqueror of the Pitts. According to that hiftorian, Donald, after de- h, Boeth. I. is,
feating, near the river Jedd, Ofbert the laft mentioned king of the Northum-
brians, whom the Pittifh refugees in his kingdom had excited to invade the
dominions of the Scottilh king, marched down by the courfe of the Tweed
to Berwick ; which the Saxons had taken but abandoned, on receiving the
news of the great defeat fuffcred by their king. Donald having feized there
fome Saxon fhips in the harbour, with a great booty on board ; he and his
followers abandoned themfelves to indolence and rioting, and the Saxons
availing themfelves of this fecurity, and making an unexpected affault on the
town in the night-time, deftroyed a vaft number of Scots, and took the king
prifoner. The confequence of this fuccefs is faid to have been, the reduction
of that part of Scotland, which lieth to the fouth of the Friths of Forth and

* Hipden, from Giraldus Cambrenfis, fays, that Kenneth gave fix defeats to Saxony or the
Saxons (fcxies Saxoniam drbellavit), and as he adds immediately, fubdued all the country from
the Scottilh fea to the Tweed. The excerpts from an ancient Chronicle, in the Colberttn and king
of France's library, fays, that Kenneth invaded Saxony fix times, and burnt Dunbarre and Mailros..
Inn. Crit. EfTay. App. p. 783.

Clyde*

40 THE BORDER- HISTORY OF

Clyde, under the power of the Saxons and Britons ; other improbable cir-
cumftances are alio added. But, befides, that thofe conquefts of the Nor-
thumbrians are not mentioned by any of the Englifh hiftorians, and are incom-
patible with the chronology of the Northumbrian kings, and with the weak-
nefs to which that kingdom muft have been reduced by its inteftine divifions,
they are directly oppoiite to the fliort account given of Donald by Fordun,
the oldeft and moft authentic compiler of Scots hiftory. For according to
roid.i. 4. c is. that author, Donald was a prince, at the fame time pacific and brave: and
when the Pitts, who had taken refuge in Northumberland, were, after Ken-
neth their conqueror's death, inftigated and aided by the Englifh to invade
the marches of Scotland, they were by Donald's good condutt defeated and
totally cut off.

Egbert the firft Saxon king of all England, had fcarce finifhed his work of
fubduing the Heptarchy, and thereby laid a foundation for the domeltic
euton'sax.*' tranquillity of the fouthern part of the Ifland ; when fwarms of fierce invaders
from Denmark and the adjoining northern countries, began their deicents
and ravages on the Englifh coalts. Thefe Barbarians were the fame people
who, about the fame period, infefted the French coafts, and by the French
were called Normans, or Men of the North: they are thought to have con-
fifted, in great part, of the braveft of the Saxons ; who difdaining to lubmit
to Charlemagne, the conqueror of their nation, fled to the neighbouring
maritime countries, fituated to the North of them on the continent. Their
refentment againft the French, prompted them to make their firft piratical
defcents on the coafts of that people ; but the fpirit of that kind of war
naturally extended it to whatever other countries fell in their way, and
tempted them with the profpett of booty. The defcents, already taken
notice of in the end of the preceding century, were foon over, and had no
lafting confequences •, but thofe that were begun in the laft years of Egbert's
reign, were renewed and fupported with great obftinacy, for many fucceeding
years, and produced unfpeakable diftrefs and defolation, almoft over the
Fori. Seoticlt. whole of Britain. In the year that Kenneth, pafilng the mountains of Drum-
M c -4- albin, deftroyed the monarchy of the Pitts, thefe latter people are faid to
have been weakened by a great overthrow they had received from the Danifh
pirates ; which overthrow paved the way to Kenneth's conqueft. About
d 866 twenty-fix years after, in the feventeenth year of the reign of the Nor-
thumbrian king Ofbert, the moft formidable invafion was made by thefe Bar-
barians that had hitherto been known in the northern parts of the Ifland.
This invafion is by one of the Englifh annalifts afcribed to the refentment
chr. loan. of Bruem Brocard, a Northumbrian nobleman, for a rape committed on his
Brompton, beautiful wife by king Ofbert. The king had perpetrated this crime in
Bruern's own houfe, after having been courteoufly received and entertained by
the lady, in her hufband's abfence •, Bruern, difcovering on his return, the
irreparable wrong the king had done him, went to court, accompanied by his
kindred, and folemnly renounced his allegiance, and the lands he held of
Ofbert. Then, paffing over into Denmark, he acquainted Godrin or Guthern,
the king of that country, with the injury he had fuftained, and intreated his

aid

ENGLAND AND SCOTLAND. 4t

aid to revenge it. The Danifh monarch, who is faid to have been related in
blood to Bruern, very readily hearkened to his fupplication ; and fent over to
the Northumbrian coafts a mighty army, under the command of Inguar and
Hubba *, brothers, and moft renowned captains. Having difembarked near
the month of the H umber, they marched towards York ; and Ofbert, with
his army, having come forth from that city to meet them, was totally difcom-
fited : Ofbert himfelf falling in the battle. The kindred and friends of
Bruern, after withdrawing their fubjection from Ofbert, had fet up QEUa for
their king; and eftablilhed his dominion over fome part of the Northumbrian
kingdom. CElla, unwilling that the Danes fhould fettle in his neighbourhood,
marched againft them towards York ; of which city they had taken poffeffion,
after deftroying Ofbert and his army. But the miferable fate of Ofbert over-
whelmed alio CElla and his followers, at a place near York, afterwards called
Ellefcroft, from the name of the flaughtered king. According to other ac- chron. Sax.
counts, and thefe from authors more deferving of credit, CElla, faid to be an n. v |e- p. s s s-
ufurper, had held the Northumbrian crown five years, though without wholly g.'r.a."?. 14X.
fubduing Ofbert; when the Danes under Haldan, Hinguar, Hubba, and " ,ft - Dun -
feveral other kings and chieftains, paffed over from the country of the Eaft
Angles into Yorkfhire, and having taken York, ravaged all the country as far
as the Tyne. Thefe circumftances of common and dreadful danger induced
the rivals for the Northumbrian crown, by the interpofition of their nobles,
to conclude an agreement. After which, being accompanied with eight earls, a. D.J67.
and marching their united forces againft the Danes, whofe chief ftrength was
at York, they prevailed fo far at firft as to force their way into the city ; but

* According to Matthew of Weftminfter, Inguar and Hubba, with the vaft multitudes that
accompanied them, did not arrive in England until the year 870. The principal view of their
expedition, according to that writer, was againft the dominions and perfon of Edmund king of
the Eaft Angles, afterwards St. Edmund ; who, by an exiled traitor that had perpetrated the fadl
himfelf, was moft falfely ckarged with putting to death the father of the Danifh chieftains. Inguar
and Hubba purpofed to land on the coafts of Edmund's kingdom : but being driven northwards
by contrary winds, they were obliged to come on fhore at Berwick upon Tweed. The convent of
Coldingham, having been, it feems, reftored after the conflagration formerly related, was then
filled with nuns under the government of an abbefs called Ebba. This pious lady, dreading the
barbarities which the heathen invaders exercifed againft all perfons devoted to religion, called to-
gether the nuns, and informing them of the hazard to which their chaftity was expofed, at the
fame time told them fhe had devifed a way, by which, if they would follow heradvice, they might efcape
the danger. All of them, declaring their readinefs to do any thing for that purpofe fhe pleafed,
fhe pulled forth a razor, and before them all cut off her nofe and upper lip : her example was im-
mediately followed by the whole fiilerhood. The Danes arriving next rooming, in the hopes of
gratifying their brutal lufb, were fhocked with the deformed and bloody fpeclacles, that every
where prefented themfelves. At the fame time, enraged at their difappointment, they fet fire t3
the convent, in the flames of which its wretched inhabitants were confumed. According to
Matthew, the Danes alto at this time deftroyed the monaftery of Holy Ifland, the nunnery at
Tynmouth, and the monafteries of Jarrow and Weremouth. But the more ancient annalifts (Chr.
Sax. Sim. Dun. and Fl. Vig.) make no mention of the (lory of Coldingham, nor fpeak of the
deuruftion of the other convents as happening this year. Perhaps, therefore, Matthew, or fome
other author whom he follows, confounds this invafion with that which happened more than feventy
years before; efpecially as Matthew makes no mention of that invafion. Probably, alfo, the ftory
of Ebba and her nuns, is of the fame authenticity with the legendary tales about St. Edmund.
Matj. Weftm. p. 161, 162, 163.

G the

*.«.

4* THE BORDER- HISTORY OF

the Danes, ftill obftinately refilling and exerting their laft efforts, gave the
aggrefibrs a total overthrow, and flew both their * kings in the action.

The Danes, after this victory, made Egbert king of the Northumbrian
dominions on the north of the Tyne ; which he was to hold in a ftate of de-
pendence upon them. Thefe fierce conquerors being afterwards employed in
expeditions againft fome of the more fouthern parts of England, the Nor-
a.d. 873. thumbrians expelled Egbert from the throne, and raifed to it one called
Sim. Dun. Ricfig. But not long after, Halden, the Danifh king, marching towards the
fea coaft with the greateft part of his army, from Repton in Derbyfhire,
where he had for fome time refided, embarked his troops ; and having entered
the Tyne, landed them near Tynmouth. After wintering there, the Danes
A D. S75. fpread their ravages from the eaft to the weftern fea, over all thofe parts of
the Northumbrian kingdom that lay on the north of the Tyne, and which
had hitherto efcaped their fury. The churches and monafteries, with the
priefts and monks, being ftill the peculiar objects of their deftroying rage,
S}n. Don. Eardulf, at that time bifhop of Lindisfarn, and Eadred abbot of the convent
h.d. Ecc 1. a. t h ere> r efolved to abandon a place, whofe revered fanctity among Chriftians
ferved only to expofe it the more to the barbarous fury of Pagan invaders.
But in forfaking the place, they carried along with them all thofe things that
made it be efteemed holy ; the incorrupted body of their patron St. Cuthbert,
and the j relics of his brother faints. With thefe, the bifhop and abbot, ac-
companied with feveral priefts, who had been trained up in the monaftery j
feven of whom were diftinguifhed above the reft, by their having the peculiar
charge of attending and carrying the repofitory of the facred body ; wandered
through Northumberland for the fpace of feven years, expofed to innumerable
hardfhips and perils ; and from the time of their deferting Lindisfarn, that
Ifland ceafed to be an epifcopal fee, after having enjoyed that honour 241

years J.

• Simeon of Durham afcribes the deftruclion of thefe two kings, to the injuries they had done
to the church of St. Cuthbert. Olbert having facrilegioufly taken from it Werieworde (Wark-
worth) and Tillmouth; and Ella, Billingham, Ueciif, Wigeclif, and Creek.. Sim. Hiih Dun.
Ecc. !. 2. c. 6. The ruins of a chapel, formerly facred to St. Cuthbert, ftill remain a little below
the prefent village of Tillmouth, one of the places mentioned above, and very nigh the conflux of
the Till and Tweed ; and by the fide of thefe ruins lie the fragments of a great ftone trough,
which the people of the reighbourhood call a ftone boat; in which, tradition fays, St. Cuthbert
failed down the Tweed from Mailros to this place. Sir Francis Blake, the prefent proprietor of
the grounds, had the curiofity, to examine on hydioftatical principle?, whether this great trough,
when intire, might have fwam ; and found that it certainly might. But the fwimming of fo great
a mafs of ftone was a notable miracle for the times of monkilh fuperftuion.

+ Thefe relics, according to Simeon, were the head of Ofwald king and martyr, part of the
bones of Aidan, Colman having carried the rell to Scotland ; and the bones alfo of Cuthbert's
fuccelfors, Eadbert, Eadfrid, and Ethelwold. Sim. ib. l'hey were all contained in one fhrine,
in ejufdem theca loculo. (Simeor.'s words.)

J Higbald, who was bifhop of Lindibfarn at the time of the invafion of the Dines in 79?, held
that fee till 802, and was fucceeded by Egbert who died in 820: his lucceffor Hcathured d-ea in
S29 ; and was fucceeded by Ee r ed» who died in 84c ; Eanbert was Egred's fuccefior, and died in
Eta; Eardulf fucceeded, and in tre 21ft year of his bifli'>pric fled from Holy Ifland, as is related in
the text. Of thefe bilhops, EgtriJ was a man of a nouie family, and diftinguifhed himielr above

all

ENGLANDANDSCOTLAND. 43

In the year before this dcfertion of Lindisfarn, the Scottifh king, Con- A > D -. 874-
ftantine, the fon of Kenneth the Great, who had fucceeded his uncle Donald Ford ' v -''F ,, 93.
in $58, wis defeated in a battle with the Norwegians, on the coaft of Fife,
and put to death in a cave near Carrail, which from that event was called the
Black or Devil's Cave. The Norwegians are faid to have been inftigated to
invade Scotland by certain Picts, who had fled for refuge to Norway : and
the deftruction of Conftantine and his army is aifo afcribed to the treachery of
fome of that people ; who, in violation of their pligrjted faith, had deferted the
Scots in the time of action. The arms of thei'e northern invaders about this
period univerfally prevailing, and particularly in Northumberland, where no- C h r . Sax. p.g-^
thing remained capable of refilling them, the Danifh king Haldan *, in the a. d. 876/
Auguft of the year after the defertion of Lindisfarn, divided the country of
Northumberland among his followers, who now began to plow and fow; and
from this time the Danes date the beginning of their reign over that country.
Ricfig, who probably had made his peace with the Danes, dying this year,
another Egbert fucceeded him, being railed to that dignity by the Danes, and Ch M ..
having under his dominion the country on the north of the Tyne.

At this time, the illuftrious Alfred, grandlbn of Egbert, and the youngefl:
of four fons of Ethelwolph, who had in fuccefllon mounted the throne of their
father f-, was in the 4th or 5th year of his reign. During the reigns of his
father and three brothers, the dominion of thele princes had been with little
interruption, harafled by invafions of the Danes. The numbers, ferocity,
and horrid treachery of thefe Barbarians, gave a fevere exercife to the extra-
ordinary talents and invincible courage of Alfred, through the firit fix years
of his reign. He was at laft reduced to the neceffity of feeking his fafety
for fome weeks, in an obfcure and inacceffible retreat in the marines of
Somerfetfhire. But ifluing thence unexpectedly, he gave a numerous army of A > D « «:*•
his adveriaries a total defeat ; and this victory introduced a courfe of profperi-
ty, which never after deferted him, and which he employed in the noble works
of reftoring religion, good government, and the ufeful arts of life, through
all parts of his dominions. Guthurn, one of the Danifh kings, whom he
conquered in the battle juft mentioned, was perfuaded by him, together with
his nobles, to embrace the Chriftian religion, and was railed by Alfred to the
kingdom of the Eaft Angles, which he held of the Saxon monarch as his

all his predeceftbr?, by the great add tions he made to the dominions of St. Cuthbert. He built
the church of Norham to the honour of St. Peter, St. Cuthbert, and Ceolwulf, (king and after-
wards monk) and removed to it the body of St. Ceolwulf; and gave to St. Cuthbert the town of
Norham, and two towns built by him both of the name of Jedword, with their dependencies; and
a church and town he had eretled at a place called Geinford, and all belonging to it, from the Tees
to the Weor. He added alio to thefe, Eleclif and Wigeclif, and Billingham in Heorternefs. Sim.
H. D. E. 1. 2. c. 5. alfo Hill, de Sto. Cuthberto, &c. p. 69.

* Haldane, a village, on the march towards England, in the eaftern part of Tiviotdale, is pro-
bably named from this Danifh king. Haldane-i igg, Lurdanelaw, Redden or Raveden, (not unlike
in found to Reafen the name of the Danifh or inchanted flandard) Woden, Howden, or Hovederi,
are all of them names of places in that neighbourhood within a few miles of each other, which
would feetn to indicate a confiderable fettlement of the Danes to have been once there.

f His three elder brothers were Ethelbald, Ethelbert, and Ethelred, whofe reigns extsnded from
85 7 t6S7z.

G 2 vaffal.

H Dun. Ecc.
1. 1. c. 13

44 THE BORDER-HISTORY OF

vaffal. The monks relate, that St. Cuthbert, appearing in a vifion to Alfred,
in the extremity of his diftrefs, foretold to him his approaching deliverance
sim Dun. rnc * iucceffes. The accomplifhment of this prediction, is laid to have inlpired
G.R.A.p. 146. Alfred with the higheft veneration for Cuthbert ; of which he foon after gave
a confpicuous proof. For the army of Danes, which had fettled in Nor-
thumberland, having loft their king Haldan, in the war which this prince
waged, in conjunction with other princes of his countrymen, againft Alfred in
the fouthern parts of his dominions, remained fome time without a head. In
Km. Dun. thefe circumftances, Eadred the abbot of Lindisfarn, who, together with his
lb. p. 147- bifhop, was ftill flying from one retreat to another with the body of St.
Cuthbert, affured the bifhop and the whole army of Danes and Englifh, that
St. Cuthbert appearing to him in a vifion, had commanded them to redeem
from flavery Cutbred, the fon of Hardicnut, a youth whom the Danes had fold
A D 88'. to a w id ow a - Whittingham, and to make him their king. This injunction
was received with univerfal reverence, and inftantly obeyed. Guthred was
placed on the throne at York, having the fouthern part of Northumberland
fubjecl: to him •, while Egbert reigned over the northern part of that kingdom.
Tranquillity and lecurity being thus in fome degree gained, and many of the
Danes having become Chriftians, the fee of Lindisfarn was reftored at
Chefter *, and this place continued the epifcopal feat for 113 years; at the
expiration whereof, it was removed to Durham. Guthred, in gratitude to St.
Cuthbert, to whom he afcribed his extraordinary elevation from flavery to a
throne, added to the former poffeffions of the bifhopric of Lindisfarn all the
country between the Tyne and Tees f, known in latter times by the name of
the bifhopric of Durham : and Alfred's veneration for the fame faint, induced
him both to confirm Guthred in his regal dignity, and to ratify his great
f donation to Cuthbert. After the death of Guthred, which happened in the
sim. Dun. ' iith year of his reign, the Pagan Danes of Northumberland, notwithftand-
g. r. a. ^ n g an Q!Lt ^ Q f fidelity, and hoftages, which they had lately given to Alfred,
joined a great army of their countrymen from the continent, which invaded
Alfred's fouthern provinces. But the fuccefs of this war, which continued
three years, was wholly on the fide of Alfred : and the poor remains of the
invaders having retired into Northumberland, were there furnifhed with fhips,
in which they lailed over to Normandy. After their departure, Alfred eafily
reduced Northumberland to his fubjection ; and, not appointing any vaffal
king, either over the Northumbrians, or Eaft Angles, the prince that he had
fet over the latter dying not long before, was the firft king who had held under
his immediate fubjeclion all the provinces of the heptarchy.

Cotempcrary with Alfred during the molt part of his reign, was the

* Anciently called Cunceftre, now Chefter-leflreet.

•f In Simeon or Turgot's Hilt. Dun. Ecc. this grant, which is faid to have been made in
confequence of another vifion of St. Cu.hbert to Eadred, is represented as comprehending onfy
the country between the Weor (Were) and Tyne, p. 22. At the fame time^ the king appointed
St. Cuthbeit's church to be a place of refuge for fuch as fh.ou.ld fly to it, for the fpace of thirty-
itven days.

Scottifji

ENGLAND AND SCOTLAND. 45

Scottifh king Gregory *; whom the hiftorians of his country dignify with the
name of Great, in emulation, perhaps, of the fame of the Englifh monarch ? ord - M-
who juftly bore that title. Mighty exploits and co.nquefts are afcribed to him, |, 10 ) f i, s ,"
by thefe hiftorians, both in England and Ireland ; but of thefe feats there
remains no trace, nor mention of their author in any of the ancient writers of
Englifh hiftory. Fordun relates, that the northern provinces of England
adjacent to Scotland willingly fubmitted to Gregory. Boethius and his copyifts
defcend to particulars, and among the other exploits of their hero, mention
his taking of Berwick ; which was held by a garrifon of Pagan Danes. But
the inhabitants, being Saxons and Chriftians, when the Scottifh king with his
army came before ir, betrayed it into the hands of the befiegers, and joined
in putting the garrifon to the fword. Gregory is afterwards faid to have given
a total defeat, fomewhere in Northumberland, to an army of Danes, com-
manded by a king or leader called Hardunt : this victory was followed by the
fubjection of all Northumberland; and the winter that fucceeded this profpe-
rous campaign, the Scottifh monarch is faid to have fpent in Berwick. To
the name of Hardunt there is fome refemblance in that of Hardicnut, men-
tioned before, as the father of king Guthred. And St. Cuthbert the patron sim. Dar..
of this king, is related by the monks to have wrought a moft aftonifhing "' t f j, "^'
miracle in his favour againft a great army of Scots, who had entered Nor-
thumberland, and deftroyed, or attempted to deftroy, the monaftery of
Lindisfarn. For when Guthred's army, and that of the Scots, were drawa
up in array againft each other, and ready to engage, the earth opening, fwal-
lowed up, in a moment of time, the whole Scotcifh army. And this is all the
mention that is made of the Scots, by any writers of Englifh hiftory, during
the reign of Alfred.

Donald VI. the ion of Conftantine, and grandfon of Kenneth the Great, Ford. 1.4.0. «<,
having fucceeded Gregory on the throne of Scotland, is faid to have pre-
ferved, with great labour, the acquifitions of his predeceflbr, and after a reign
of eleven years, to have tranfmitted them to his fuccefibr Conftantine. This
prince reigned 40 years, and was cotemporary with the two Englifh monarchs, A D - 5 °3»
Edward lirnamed the Elder, and Athelftane ; of which the former was the
fon and immediate fucceffor of Alfred, as the latter was of Edward. Both
thefe were able and warlike princes, and had quarrels with Conftantine, on
the account of his aiding the Danes of Northumberland ; who were ftill ready,
on every occafion, to revolt from the Saxon kings. In the fecond year of
the reign of Edward, Ethelwold his coufin rebelled againft him •, and being
obliged to fly from the fouthern provinces where his rebellion began, took
refuge firft in Normandy, and thence coming over to Northumberland, was
acknowledged by the Danes of that country as their king. Two years after,
Ethelwald having joined to his Northumbrian Danes thofe of Eflex, who
had alfo put themfelves under his dominion, invaded fome parts of the country

* Gregory reigned from 87; to 892.. His predeceflbr was Eth,. lirnamed Swiftfbot (Alipes),,
the brother of Conftantine whom the Danes had flairi. Eth was killed in the feconJ year of his
Mign v in a battle with Gregory, who mounted the throne, after fucceisfully afle.ting by the fword
fcu title to it, as derived fiom his father Donald. Fordun.

46 THE BORDER. HISTORY OF

a. d. 905. f ^ Weft Saxons; but engaging with part of Edward's forces, fell in a

A ' ' 9I1 ' battle, wherein his own army were the victors. A few years after, the Nor-
thumbrian Danes, having, in violation of a peace which Edward had con-
cluded with them, invaded, in conjunction with thofe of their countrymen
chron. Sat. called the Fifburghers *, fome of the fouthern provinces, received a total
Fior. vig. ' defeat in Staffordfhire, where they are faid to have loft two of their kings f %
and all the fpoil, which they were carrying homewards, was recovered. In
the latter years of his reign, Edward prolecuted with equal vigour and fuccefs
the total reduction of the Danes, who were continually disturbing him by
their infurrections. The fame of his power and great exploits flying before
him, as he moved northwards, the Northumbrian kings, Regnald, and
Aldred the fon of Eadulf, with all the inhabitants of the Northumbrian

a. d. 914. provinces, fubmitted to his empire -, as are alfo faid to have done all the
f , ho. "' other northern princes, and, among the reft, the king and nation of Scot-
land %.

Athelftane, who fucceeded Edward, and is commonly faid to have been

A * ' r " s ' his natural fon, was ftill a greater prince than his father. Soon after his
afcending the throne, he gave his fifter Edgitha, in marriage to Sititric the
Danifh king of Northumberland, hoping, as it would feem, by this natural
attachment, to put an end to the continual rebellions of the Danifh inhabitants
of that province. But, if this was his view, it was foon difappointed ; for

a.d. 916. Sititric § died the year after his marriage. Whereupon Adulph endeavoured
ford "•'• Wallin6 ' to make himfelf matter of his territories, and feized Bamburgh || ; from
Maimer. whence he was foon expelled by Athelftane. Afterwards, Godfrid the fon of

Sititric affumed the name of king, without Athelftane's confent ; and feized
the ftrong places of the country. But the Saxon monarch marching againft
him with a numerous army, he fled into Scotland •, and Athelftane again
eftablifhed the country under his own immediate fubjection, as he had done
lately before upon the death of his brother-in-law Sititric. The flight of
Godfrid to Scotland, the hofpitable entertainment and protection he received

• From their inhabiting the five towns of Derby, Nottingham, Leicefter, Lincoln, and Stam-
ford, in which touns Alf ed had allowed them to remain. Carte, vol. i. p. 319.

f Florence ot" Worcefter calls thefe princes, Eo<wils and Halfdtn, brothers of king Hinguar.

t This is the firil mention of Scotland being brought under the fovereignty of any Saxou
monarchs.

§ John of Wallinford relates, that Athelftane did, at the time of Sititrtc's marriage with his
fifter, advance him to the title of king, and that his dominions confilled of the country extending
from the Tees to Edinburgh. (Tyrrel. vol. i. p. 330.) Fordun fays, it was thought that Sititric
was cut off, by fome treacherous contrivance of Athelftane, in lefs than nine months after his
mirriage. Boethius is more particular: affirming that Athelftane inftigated his fifter, whom he
calls Beatrix, to give her hufband poifon. (Ford. 1. 4. c. 24.. Boet. 1. 11.) Matthew of Weft-
minfter relates, that Sititric for the love of E Igitha abandoned paganifm; to which afterwards
returning, he died an uncommon and lhameful death. M. W. p. 18c. Vitam niirab'ditcr ter-
minwvit : and afterwards he, with Florence of Worcefter, mentions the appearance of fiery
beams in the north, which, he fays, were feen over all England, and portended themoft fhameful
death (mortem iurpijjimam) of Sititric, qui mn multo poji male periit.

|| According to Florence of Worcciter, it was Aldred the fon of Eadulf, whom Athelftane
expelled from the royal refidence, which, in the Englifh tongue, is called Bebbanberig. Flor. ad
An. 926.

i there

Cbron. Sax.

ENGLAND AND SCOTLAND. 47

there from Conftantine, excited Athelftane once and again to invade that
kingdom ; wherein, according to the Englifh Hiftorians, his arms prevailed
over all oppofuion •, and Conftantine was obliged to fubmit to the victor as
his ibvereign lord. But the ScottiiTi king foon attempted to free himfelf Chr on . s«.
from this fubjedion, by joining Anlaff king of Ireland and the Ides, who was F1, A W p*
the fon of Sititric, and Conftantine's own fon-in-law, in a formidable defcent Sim. Du'n.
made on England by the river Humber. Thefe two kings, whom many p - 155>
princes and chieftains of the north accompanied as allies, received a total
defeat from Athelftane and his brother Edmund, in a memorable battle fought
at Brunanburgh *, a place the fituation of which is now uncertain. Athel-
ftane by this victory eftablifhed his dominion over Northumberland, and re-
covered Cumberland and Weftmorland from the Scots. The Englifh king
died about three years after this victory, and two years after the death of
Athelftane ; Conftantine, who had with difficulty eicaped from the battle of
Brunanburgh, retired into a monaftery of the Culdees at St. Andrews, where Ford. 1.4.0.15,
he fpent the remaining five years of his life.

Edmund, the brother of Athelftane, fucceeded him on the Englifh throne,
and two years after, Malcolm I. fucceeded Conftantine in the kingdom of a.d!'*}!
Scotland. Perhaps the youth of Edmund, who began to reign in the eigh-
teenth year of his age, encouraged the Northumbrians to indulge their old
rebellious difpofition, by recalling Anlaff f, the fon of Sititric out of Ireland, Ma]m f .
and making him their king. Yet all of them did not fubmit to him, for fome c 7.
part of the country acknowledged as their king Regnald, fon of Godfrid.
Thefe little potentates, fenfible of their inability to contend with the great
Saxon monarch, who led an army againft them, conciliated his protection FioTvig.*'
by turning Chriftians : whereupon Edmund received Anlaff from the fount p - 6 °J-
at his baptifm •, and foon after adopted Regnald as his fon in the rite of ton- ' ' 94 *
•firmation. But this friendfhip did not long continue -, for two years after,
the Saxon monarch, provoked by the perfidy of the Northumbrian princes, a. D.^ti

* Camden, from a refemblance, I fuppofe, of the names, takes Brunanburgh to have been
Brumford or Brumridge in Northumberland, fituated where the river Till changes is name from
Bramiih to Till : but the invafion of the Scots and their allies being made by the Humber, renders
thisaccotrnt of the filtration of Brunanburgh improbable. Fordun, in his hiltoiy of the reign of
Conftantine, makes no mention of Athelftane's invafion and conqueft of Scotland, although he had
MalnK-fcary's accounts of thefe before him; but acknowledges, that the battle of Brunanburgh
was fatal to the Scots; they having loft by it the dominions conquered in the times of Gregory,
and afterwards : and which had been in their pofleliion fifty-four years or more. This battle he
places A. D. 939, one year later than the Saxon Chionicle, and two years later than Florence of
Worcefter. According to the fame author, Conlkmti';e .vas the firft of the Scottifh kings, who made
the apparent heir to his crown prince of Cumberland. Eugene, who was the apparent heir of
Conftantine, had this dominion conferred upon him in the lixteenth year of Conftantine's reign.
A. D. 919. Fordun, 1. 4. c. 24., i;.

f Roner Hoveden calls him Onhff, kin"; of the Norwegians, and relates, that he made fo
formidable an invafion into Edmund's dominions, that the tatter, by a league concluded through
the interpofition of Odo archbiihop of Canterbury, and Walton of York, refigned to him all the
country to the noith of Waling-ftreet. Then he fays, that OnlafF, having ieftroyed the church
of Bal.herus and burnt Tynningham, foon after died. He adds, that the inhabitants of York
wafted the Ifle of Lindisfarn, and flew many : and fubjoin; after all, that a fon of Sititric named-
QnjafF, teieutd over [he Northumbrian!,, iio vcden, p. 4.23.

drove

4$ THE BORDER- HISTORY OF

drove both of them out of their dominions. For the farther fecurity of thefe
*•'•»«<• northern provinces againft the infurrections or invafions of the Danes, after
' having wafted Cumberland, he made a prefent of it, to Malcolm king of
Scotland * •, thereby engaging that king to enter into a cloi'e alliance with him,
againft the barbarous invaders of the north.
a. 0.946. Edmund's fhort reign being brought to a period by a violent and untimely
death, he was fucceeded by his brother Edred. This king, foon after his
chroo " M*ur accc fii°n, quieted fome new commotions among the Northumbrians, and re-
duced them to a ftate of entire fubjecYion -f. But this was in a few years in-
a. d. 949. terrupted by the return of AnlafF; whom they again received as their king.
They themfelves foon after expelled him, and advanced to the regal dignity
a. D. 951. y r j c tne f on f Harold. Edred, provoked to the higheft degree by their in-
Fior. vig. vetcrate perfidy, made an expedition into their country, fpreading defolation
s' 6 °Du wherever he came £. But as he was returning homewards, a body of Nor-

c.R.A.p. 156. thumbri.ins fallying out of York, attacked the rear of his army, and flew a
great number of them. Upon which, the king, greatly enraged, threatened to
return and make a total deftruction of every thing he had hitherto fpared.
a.d. 954. The Northumbrians, terrified with thefe menaces, expelled the king they had
chofen ; and by the force of humble fubmiffions, promifes, and prefents,
prevailed with Edred to lay afide his refentment and receive them into favour.
Sim. Dun. In Yric, whom they now expelled §, the name and dignity of king was for ever
HovVafpT**! 4 .' extinguished among them. They alfo flew Amancus the fon of Onlaf, a pre-
tender to their throne ; and were thenceforth governed by Earls under the
Saxon monarchs •, the firft of whom was Ofulph, at this time created by Edred.
Under the reign of Edred, a weak and fuperftitious prince, Dunftan, abbot
of Glanftonbury, had acquired exorbitant power and credit at the Englifti
court. This emboldened him to behave in fo infolent a manner to Edwy,
Edred's nephew and fucceflbr ||, as provoked that monarch to banilh him to

• Fearing, fays Fordun, left the people of Cumberland fhould adhere to the Scots, as the
Northumbrians did to AnlafF. It was alfo, according to the fame author, agreed, that Indulfthe
heir «f Malcolm, and his fucceffors, heirs to the kings of Scotland, fhould fwear fealty and do
homage to Edmund and his fucceffors, for Cumberland. Ford. 1. 4. c. 21.

+ At the fame time he is faid to have received an oath of fealty from the Scots. Scoti ttiam
(fays the Saxon Chronicle) ei juramenta prteflitcrunt /e/e vellt quicquid it <vellet. A Scotis, (fays
Florence of Worcefter) ut Jibi fideles e£int,jur amentum accepit. According to Fordun, this oath of
fealty was given for Malcolm by Indulfus prince of Cumberland, agreeable to the condition on
which Edmund had given the province to the Scotch king. Ford. 1. 4. c. 27.

\ According to Fordun, Edred was affifted in this expedition by Malcolm, who thereby provoked
the grievous refentment of the Norwegians and Danes.

§ Florence of Worcefter and the Mailroi Chronicle place the expulfion of Yric in the year
9^0. The former doth not mention the relloration of Anlaf ; which by the latter is placed in 947.
In 949, according to Florence and Simeon of Durham, Wulftan archbifhop of York, and the
Northumbrian nobles, fwore fealty to Edred in a town called Taddenfcliff; but foon broke their
oath, by raifing one Incus of Danifh extra&ion to their throne. This oath to Edred, the Mailros
Chronicle fpeaks of, as a confequence of their expelling Anlaf, and places it in 948 ; in which year
Hoveden places the expulfion of Yric. Other Englifh annalilfs differ fomewhat in their accounts of
the times and circumflances of thefe tranfaftions ; but none of them feem more deferving of credit
than thofe we have quoted.

|| Edwy was eldeft fon to Edmund, Edred's brother and immediate predeceflbr.

6 Flanders.

ENGLAND AND SCOTLAND.

Flanders. But fuch was the influence of Dunftan and his feliow monks at

that time in the kingdom, that the Mercians and Northumbrians, eafily re- A .r>. 957.

ceiving the bad impreffions thofe monks gave them of Edvvy, revolted from

him, and fet up his brother Edgar, a boy of thiiteen years of age, for their

king. Edwy, after endeavouring in vain to fubdue the rebels, found himfelf

obliged to yield to his brother all the country from the Thames to the

northern boundary of the Englifh dominions ; which, according to the

Chronicle of Wallingford, did then comprehend the country called Lothian, waiiingford in

extending to Edinburgh or the Maiden-Caftle. The death of Edwy happen- Gale ' sCo11 -

ing two or three years after this divifion, his brother Edgar became monarch v '

of all England. a. d. 959-

The reigns of the three Scottifh kings, Indulf, Duff", and Cullen, who
afcended the throne in fuccefllon after * Malcolm I., were fhort and obfcure.
Indulf was diftreffed by defcents of the Danes ; as his predeceflbr Malcolm
had alfo been, in revenge of the league which this latter had entered into with
the Englifh king Edmund; and which was faithfully obferved by the fuc-
ceflbrs of thefe monarchs, as long as the Saxon race of kings continued on
the throne of England. Kenneth III. fucceeding Cullen, reigned twenty-four Fo ^'p 4 " c ^ s °'
years. He proved himfelf to be a prince of fpirit and enterprife by his war-
like exploits againft the Danes, and by the new eftabliftiment he made with
regard to the fucceflion of his kingdom. According to ancient cuftom, when
the children of any deceafed king had not arrived to an age fit for reigning,
fome other prince of the royal blood afcended the throne, who was mature in
years, and in other refpects qualified for the truft. But Kenneth obtained the
confent of the ftates of the kingdom to fettle the fucceffion on the neareft
furviving defcendant or blood-relation of the deceafed king, of whatever age :
a law which, through the ambition of thofe who had pretenfions to the crown
by the ancient rule of fucceflion, gave occafion to civil wars and ufurpations,
and had not its full and uninterrupted effect, until more than a hundred years
after it was firft introduced.

The Englifli monarch Edgar was cotemporary with Kenneth, during the
five laft years of the reign of the former. In the beginning of Edgar's reign,
Dunftan was promoted to the archbifhopric of Canterbury; and had, through
the whole of that reign, the entire direction of all affairs, both in church and
ftate. Dunftan was guilty of grievous tyranny and opprefiion, in expelling
from monafteries and churches the fecular and married clergy, and introduc-
ing regulars in their room : but, at the fame time, he feems to be j.uftly
celebrated for the wifdom and vigour he difplayed, in maintaining peace and
fecuring the nation effectually, during all Edgar's reign, againft the defcents of
the Danes. It is probable, that his dread of offending the Northumbrians,
whofe fickle and rebellious difpofuions had fo often been experienced, hin-
dered his introducing monks into the religious foundations of that people ;
where they were not known till after the Norman Conqueft. The fame con- sim - DuH '

• Indulf reigned from 952 to 961 ; Duff his fucceflbr to 96; ; and Cullen to 970. Malcolm
and thefe three all died violent deaths. Indulf was killed by the Danes : Malcolm, Duff, and
Cullen, fell by confpiracies of their fubje&s.

H fiderations

f o THE BORDER-HISTORY OF

Chr. j. w a i. fiderations determined Edgar to divide Northumberland into two earldoms *,
the hereditary government of the whole, which Edred had conferred on Ofulf,
appearing an elevation too high for a iubject ; especially among a people who-
fo much affected liberty and an independent ftate, as the Northumbrians,
This regulation for the government of Northumberland, was made in a
council of the barons of that country held at York : and Ofulf dying about
that time, OQach * was made earl of the country between the Humber and
Tees; while the government of the country from the Tees to the Forth, to-
gether with the fame title, was conferred on Eadulf firnamed Ewelthild.
The pacific fpirit of Edgar's adminiftration, is a circumftance that gives fome
€am. c;br. credibility to what fome Englifh writers relate, of his giving up Edinburgh
inn s cr'? 8 ' an< ^ Lothian to the king of Scotland. An ancient anonymous Chronicle fays,
Eflay.'p. 7S7. that in the time of the Scottifh king Indulf, the town of Eden was evacuated
and left to the Scots. If this account be true, and if the furrender of Edin-
burgh was made by Edgar, it mud have happened either during the two or
three years that he reigned over the northern provinces, or foon after his
accefiion to the whole of the Englifh -f- monarchy. But the furrender of Lothian
chr. Wailing, is related with a greater number of circumftances •, and is placed by the au-
*ci u . d i G p.' e > thors who fpeak of it, in the laft year of Edgar's reign. According to thefe
Mat. We<i. ' accounts, the two Northumbrian earls, Oflach and Eadulf, and Elfsi £,
B- >9 2 > J 93- bifhop of Chefter, to which place the fee of Lindisfarn was transferred, as is
related above, having extolled to Kenneth king of Scotland the greatnels and
magnificence of Edgar, excited in the mind of the former, a ftrong delire of
feeing and converfing with his neighbour monarch : Edgar apprized of this
defire, immediately expreffed his willingnefs to gratify it •, and appointed the
two earls and the bifhop to attend Kenneth to the Englifh court. The hofpi-
table reception he found there, encouraged him to explain to Edgar, the claim
he had to the county of Lothian ; which he alleged was the hereditary poffef-
fion of the kings of Scotland. Edgar, defirous to treat with due attention a
matter of fo much importance, laid the affair before his council or fupreme
court. Thefe confidering the expofed fituation of this province, the difficulty
of accefs to defend it, and the fmall revenue arifing from it, gave their con-
fent to its being yielded to Kenneth, upon the conditions of his paying homage
for it to Edgar, and that the inhabitants fhould retain their Englifh name,,
language, and cuftoms. The furrender was accordingly made, and this
country, which comprehended not only the prefent Lothian, but alfo the-
country betwixt it and the Tweed, continued from that time,. without interrup-

• This earl in the year in which king Edgar died (975) was driven out of England. The
Saxon Chronicle in tragic phrafes deplores his fate, calls him the long-haired hero, wife and
prudent in fpeech ; and again, that famous earl j but does not relate the caufe of his banilhment.

This Chronicle was feen by Camden in Lord Burleigh's library, and is publifhed by Father
Innes in the Appendix to his Critical Eflay.

f For this acceflion of Edgar was in 959, and Indulf died in 961. Accordingly, Camden fays,,
that it happened about 960.

J Elfsi, called by Turgot, Elfsig, was bifhop of Chefter from 968 to 990. He was noble by
birth, but much nobler by his virtues ; the memory of which remained frefh for feveral fucceeding,
generations. Turg. I. 2. c..20„.

£ tion,.

ENGLAND AND SCOTLAND. 5 i

tion, in the poffeffion of the Scottifli kings. If the account of this transaction
bejuft *, either the hiftory of Kenneth Macalpin's extending his kingdom as
far as the Tweed muft be falfe j or fome of the Saxon kings who reigned after
that Scortilh conqueror, muft have again brought under their dominion the
country between the Tweed and Forth. But how, or by whom, this was
effected, the obfcure and imperfect hiftory of thofe times leaves us in the
dark.

Edgar, the hero of the monks, dying in the flower of his age, was fuc- A.D.975,
ceeded by his fon Edward, firnamed the martyr ; who, in lefs than three 97 s.
years, fell a victim to the ambition of his ftep-mother Elfrida. Her fon
Ethelred, a boy of ten years of age, was the next heir to the Englifh throne;
and afcended it, after his brother's death. The long reign of Ethelred, after
an almoft uninterrupted calm of twelve years, in the beginning became a
continued fcene of all the moft direful calamities that could arife from inteftine
diforders, joined to the reiterated invafions of fierce and cruel enemies. The
king wis weak, timid, and unfteady ■, the pride and power of his nobles too
great for him to control ; his natural fubjefts enervated by a long peace; and
the fword in the hands of Danifh mercenaries, who betrayed their mafters,
whom they hated, to their countrymen, who with mighty fleets and armies
made, from time to time, defcents on the coafts of England.

The firft great invafion of the Danes in this reign was in 991 •, and then
alfo was the unhappy meafure taken of paying them a f great fum, as the
price of their retiring ; which, inftead of producing future fecurity, gave en-
couragement to new invaders ; who continually raifed the price of the fmall
refpites from ravage and defolation, that were thus meanly purchafed. Their
firft exploit, in a new defcent on the northern parts of England, was the total a. d.jj^
deftruction of Bamburgh, where a rich booty was taken. In the fequel of this §\Jy*Z*'
expedition, the fatal effect appeared of the invaders having friends, and
countrymen, or their defcendants, fettled in thefe provinces. For having
entered the Humber, and committed dreadful ravages on both fides of it, a
great body of the inhabitants of thofe parts affembled for the defence of their
country •, but when ready to engage their enemies, their commanders being
of Danifh extraction J, were the firft to turn their backs, and fo left their
followers a helplefs prey to the fierce invaders.

Two years after this invafion, the dread of a new one, together with a pre- A * D, 99S?
tended revelation made to bifhop Aldun §, determined the monks, who at-
tended

* The account in the text is that which is given by Wallingford. Matthew Weftminfter, a
much later writer, relates the fame event with lefs probable circumftances. But of this furrender
of Lothian there is no mention in the Saxon Chronicle, or in the more ancient Engliih hiftorians ;
nor is it at all mentioned by Foidun or Boethius the hiilorians of Scotland.

■f Raifed by the tax cal'ed Danegelt.

% Frana, Frithogift, and Goodwin, quia ex pnlerno genert Danici fuerunt, fuis injidiantes, auc-
toresfugte primitut extiterunt. Fl, Vig.

§ Eaidulf, in whofe time (fee above, p. 137 and 143.) Cuthbert's body was tranflated to
Chefter, lived in that iee nineteen years after, and died in the 46th year of his incumbency. The
fuccefforof Eardulf was Tilred, who held his fee thirteen years and four months ; then Wigred was
bifhop feventeen years ; and was fucceeded by Uchtred who held the fee three years; Sexhelm

H 2 fucceeded .

52 THE BORDER-HISTORY OF

tended the body of St. Cuthbert, to travel once more with their facred depofic.
Sim. Dun. They carried it to Rippon in Yorkshire 5 but the apprehenfion of danger
»8. ' -F ' 17 ' being diffipated, in a few months they were returning back to their for-
mer refidence, and were only a few miles diftant from it, when miraculous
notice was given them, of the faint's defire to fix his habitation in the place
where the city of Durham now ftands, and which has ever fince continued to
be the feat of this ancient biihopric. The inhabitants of the whole country
between the Coquet and the Tees devoutly afiifted in clearing the ground,
a.d. 9 83. which was a wild foreft •, and in erecting a church, which, in the third year
s=pt. 4- after its foundation, was dedicated by Aldun.

The fuccefibrof Ofulph or of Eadulph in the earldom of Northumberland
was Waltheof, firnamed * the Elder. In the advanced years of this earl, and
while Aldan was biihop of Durham, an invafion is faid to have been made by
BiTs D.Stofj Malcolm f king of Scotland, into the province of the Northumbrians. While
* c - p 75- this prince, after having committed great ravages in the country, laid fiege to
Durham, Waltheof, debilitated by age, fhut himfelf up in the caflle of Bam-
burgh. But Uchtred, Waltheof's fon, a youth of great courage, who had
married Egfrida, the daughter of bifhop Aldun, having affembled and
armed a numerous body of Northumbrians and Yorkfhire men, attacked and
almoft totally deftroyed the Scottifh army ; their king, with a few of his at-
tendants, efcaping with difficulty from the field of battle. In reward of this
gallant and important fervice, king Ethelred conferred on Uchtred the earl-
dom of his father, while the latter was yet alive, adding to it the earldom of
the fouthern part of the province, according to its ancient divifion. The good
fortune of Aldun, in being thus delivered from his northern foes, met with a
si*' H Du^' fad reveI "fa before the end of his life ; for in a battle fought at Carrum,
Ecc.p/30. ' againft an immenfe number of Scots, almoft the whole fighting men between
Chr. M»u. ^ e Tees and Tweed, with their chiefs, were cut off t. This deftru&ion of

p. I5J« ~

Succeeded, but St. Cuthbert provoked at his oppreflive and avaricious practices, terrified him in
dreams with fuch menace?, that he foon abandoned his charge. Aldred was his fuccefl'or, but it
is not related how long either of thefe remained in the fee. Elisig fucceedtd and was bifhop
twenty-two years ; in whofe room Aldun was elefted and confecrated bifhop, in the year 990.
Ting. H. D. E. 1. z c. 15,-20.

* The authors who do not mention Eadulph, make Waltheof the fucceflbr of earl Ofulph.
Hoved.Chr. Mailr.

f Malcolm the fon of Kenneth III. after the two ufurpers Conflantine and Grim, who were the
next fucceffors of his father, began to reign in 1004, and reigned till 1034. Hence he was co-
temporary with Aldun, who continued bifhop at Durham twenty-four years after the epifcopal feat
was fixed there in 995. The date of this tranfaftion, as it Hands in Simeon's account of the (lege
of Durham, is equally inconfillent with the Chronology of the bifhops of Durham, as with
that of the Scottifh kings; and therefore muft have been the blunder of fome tranfcriber, or per-
haps the whole (lory is a fittion.

J This battle in Simeon's Hid. de Gefl. R. A. is faid to have been fought between Uchtred the
fon of Waldeofthe far! of the Northumbrians, and Malcolm the fon of Kenneth king of the Scots,
with whom was in the battle Eugenius Calvus, rex Lutinenfium. Sim. p. 177, ad ann. 1018. But
this feems ir.confiftent with what is related, under both the preceding years, of Canute's giving
the earldom of Northumbeiland to Eyrie or Hire after Uchtred's dea;h, which is placed by that
author in A. D. 1016. Goodall, in his preface to Fordun, fays, that this battle happened in the
time of Eadulf firnamed Cudel, the brother of Uchtred, and either the immediate fucceflbr of
Uchtred or of Eyrie. But this feems to be faid without a fufficient warrant, as neither the duration
of Eyrie's, nor of Eadulf 's earldom, is recorded.

the

ENGLAND AND SCOTLAND. c:

he people of St. Cuthbert, is faid to have wounded the good bifhop to the
heart. He deplored to his patron his hard fate ; and entreated with the ut-
mofl ejrneltnefs, that he himfelf might not furvive the lofs of his flock. It
is probable, that the excefs of his own grief accomplished what he aflted of
the faint; for in a few days he fell fick and died.

Uchtred, having turned away the daughter of bifhop Aldun, and having
alfo been married a fecond time *, became, by a third marriage, fon-in-law
to king Ethelred ; who, on account of Uchtred's great military atchievements,
gave him to wife his daughter Elfgiva. In that invafion of Swein the Danilh A . D . IO t3,
king, which iffued in the conqueft of all England, and the flight of king ( z h '°": s ' x -
Ethclred to Normandy •, Uchtred and the Northumbrians were the firft who sim. Don.
fubmitted to the conqueror. But Swein dying not many weeks after, Ethel- Co1, 79. *°4»
red, being invited home by the greateft part of the Englifh nobles, returned '
from Normandy, and refumed the exercife of his royal power : at the fame
time, Canute, the fon of Swein, exerted all his might to maintain the ac-
quifitions of his father. His own power and courage were greatly aided in
this work by the perfidy of Edric Streon, the infamous duke of Mercia, who*
after having often betrayed his fovereign, did at laft openly defert to his ad-
verfary and rival for the crown. This deiertion obliged Edmund, firnamed
Ironfide, the valiant fon of king Ethelred, to retire to his brother-in-law
Uchtred ; who had refilled the entreaties of tempting offers, by which
Canute fought to win him to his fide. Uchtred, in conjunction with E.dmund,
mule fuccefsful incurfions into fome of the counties that had fubmitted to
Canute : but the Danifh hero, directing his arms againflthem, forced Uchtred
to fubmit,; while Edmund, retiring the beft way he could, joined his father Ai
at London. Uchtred being required to attend Canute in perfon, to pay
homage to him, as his lord, and having, for this purpofe received proper
affurances of fafety, was, notwithstanding thefe, in his way to the king's
prefence, afTaulted from an ambufh laid for him by Turebrand -h, and flain,
together with forty of his attendants. This murder was believed to have Hoved. P . 434;
been perpetrated by the order or permiffion of Canute; who, in the room of chron - Sax *
Uchtred, made Eyrie earl of Northumberland. Afterwards Canute carried
his conquering arms fouthwards, and Ethelred dying at London in April,
and Edmund, his valiant fon, in the November following, Canute obtained
the undifturbed pofTeffion of the whole kingdom of England, and reigned
over it with great glory nineteen years.

The earldom of Northumberland feems to have continued but a fhort time
in the poffefiion of Eyrie. Malmefbury fays, that he, and Turkhill, whom Malfflcf ' '■ '•
Canute had, in the beginning of his reign, made earl of the Eaft Angles, c '"'
were, on certain allegations or pretexts improved againfl them, driven out of

• His fecond wife's name was Sigin, the daughter of a rich citizen, Styr the fon of Ulf,
who gave him his daughter as a reward for putting to death Turbrand his great enemy.

f This Turebrand was firnamed Hold. Florence calls him a noble Dane, Hoveden a very
rich Dane, (p. 424). The Saxon Chronicle, Simeon and Hovedtn, mention Thureyttf, the fon
of Nafana, as being flain along with Uchtred.

England,

Sim. de Obfef.
Dun. Col. 8 1.

Sim. Dun.
Col. 104..

Brompton,
Col. 945-50.

THE BORDER- HISTORY OF

England, and obliged to return to tru-r native country. In fome accounts of
the fucceflion of the Northumbrian earls, Eyrie is omitted ; and Uchcred is
faid to have been fucceeded by his brother Eadulf-Cudel, whole character was
the reverfe of that of Uchtred : being of a fluggifh and fearful nature, and
dreading the revenge of the Scots againft himlelf, for what they had fuffered
from his brother, he furrendered to them the whole of Lothian, as a com-
penfation for their loffes, and the price of their friendfhip. And this is a
fecond account, given by fome Englifh writers, of the way in which Lothian
came into the poffeffion of the Scots.

The fucceffor of Eadulf-Cudel in the Northumbrian earldom, was Aldred
the fon of earl Uchtred ; of whom there is nothing memorable related, but
his avenging the murder of his father, by putting to death Turebrand the
murderer ; and his afterwards falling a facrifice himfelf to the treachery and
refentment of Curl, Turebrand's fon. Such were the manners of thofe times!
Aldred was fucceeded by his brother Eadulf, who, having committed depre-
dations upon the Welch, by which he provoked the difpleafure of king Har-
dicanute *, as he was on his way towards that monarch, to make his fub-
miffion and obtain a reconciliation, was (lain by Siward, who fucceeded him.
in the earldom. Siward was a man of gigantic ftature, and a mighty cham-
pion in war. He is related to have been a Danifh adventurer •, and his
original being foreign and unknown, fome of the monks have devifed circum-
ftancesof his birth and firft exploits, that are mod abfurdly fabulous. One
of thefe annalifts -J- repreients his promotion to the earldom, as made by
Edward the Confeffor, who was adviied by his great men, that for the better
protection of his kingdom againft the northern invaders, the little devil floould
be firft expofed to the great devil; meaning, that Siward fhould have the charge
of that part of England which was moft likely firft to be invaded by the
Danes. This charge he accordingly received, took to wife Alfleda, earl

• Canute dying in 1035 (12th Nov.) was fucceeded by his fon Harold (Harefoot) who, dying
in 1040, was fucceeded by his brother Hardicanute; who, reigning only two years, was fucceeded
in 104Z, by Edward the Confeffor.

f The fame author relates, that Siward, foon after his arrival at Edward's court, being af-
fronted by Tofti earl of Huntingdon, cut off Tofti's head, and was advanced by the king to the
earldom he had thus made vacant ; which was the firft promotion conferred on him by Edward.
But Biompton's account of Siward, though containing more particulars than any other, feems,
by reafon of the fables and evident errors interwoven with it, to be the leaft deferving of credit.
Befides the account of Simeon of Durham in the text, which feems to afcribe Siaard's advance-
ment to the Northumbrian earldom to king Hardicanute; Turgot in his Hift. Dun. Ecc. Col. 34. lays,
that in IC42, the year in which Edward the Confeffor began to reign, Egelric was advanced to
the fee of Durham ; and Siward, after having killed earl Eadulf, had at that time the adminiftra-
tion of the earldom of the whole province ol Northumberland from the Humber to the Tweed.
Florence of Worcefter, copied by Simeon, mentions Siward, as earl of Northumberland in 1041,
and as fent by Hardicanute with his other earls, to punifh the people of Worcefter for killing two of
his tax-gatherers. But none of thefe accounts agree well with the affinity of Duncan king of
Scotland with earl Siward, which, according to the Scottifh hiftorians, was contracted while Duncan
was yet prince of Cumberland. Fordun, 1. 4. c. 49. fays exprefsly, that Duncan begat in the days
of his grandfather Malcolm II. two fons, Malcolm Canmore and Donald Bane; and farther, that
as foon as he was crowned king of Scotland, he gave the province of Cumberland to Malcolm.

Aldred's

ENGLANDANDSCOTLAND. 55

Aldred's daughter; and fuftained his dignity, with great valour and fuccefs,
during the firft half of Edward's reign.

Malcolm, the fon of Kenneth, who, as well as his father, is one of the
great names in the ancient line of Scottilh kings, did not attain to the poffef-
fion of the crown, agreeably to the new law of fucceffion eltablifhed by his
father, until after the death of Conftantine and Grim ; who fucceffively feized
the crown, and both fell defending their poffeffion of it in battle. Malcolm Ford. 1. 4. c. 43.
is celebrated for his victories over the Danes, and is alfo faid in a difficult
battle near Burgh to have given a defeat to Uchtred the Northumbrian earl,
who had committed fome depredations in Cumberland. He had, according to
the cuftom of feveral of his predeceffors, put his grandfon Duncan the
apparent heir of his throne into poffeffion of that province. Duncan could
not have accefs to the court of Ethelred to obtain from that unhappy monarch
the confirmation of his principality ; by reafon of the prevailing power of
the Danes in the interjacent Englifh provinces: and when Canute had become
king of all England, Malcolm regarding him as an ufurper, would not allow
his grandfon to pay him that homage for Cumberland, which he efteemed only
due to the Saxon race of monarchs. This conduit of Malcolm provoked
Canute, after his return from his pilgrimage to Rome, to lead a great army FoW.xZxF!ifi£
into Cumberland *, with which a mighty hoft of Scots, headed by their king,
was ready to engage; but by the interpofition of bifhops and other good
men, the effufion of blood was prevented •, and it was agreed, that the heir
to the crown of Scotland, fhould hold the principality of Cumberland from
Canute, on the fame condition of fealty as it had been held from the Saxon
kings.

Malcolm was brought to an untimely end by the treachery of certain rela-
tions of his predeceffors Conftantine and Grim. His grandfon Duncan, a. d. 1034.
however, fucceeded him in the throne, but after a fhort reign of fix years was
cut off by Macbeth •, who poffefled himfelf of the kingdom, and held it feven-
teen years. Duncan, while redding in his principality, had contracted affinity
with the Northumbrian earl Siward, by taking to wife the daughter -f-, or
fome near relation of that potent chieftain. This alliance opened an afylum
to Malcolm Canmore, the eldeft fon of Duncan, whom, together with his
brother Donald Bane, the ufurper fought to deftroy. After continuing two Ford. 1.4. c. $u
years in Scotland, and finding their friends there unable any longer to protect

* The Saxon Chronicle fays, that in this expedition Malcolm was fubdued by Canute, and alfo
other two kings, Maslbeath and Jehmarc. Malmefbury and others follow this account; but the
fubjeclion of Malcolm is not mentioned either by Florence of Worcefter, or Simeon of Durham.
The account of the text is that given by Fordun. Matt. Weftm. fays, contra Scotot rebellantes
hofiilem expeditionem duxit, et Makolmum regem, cum duobus aliis regibus, levi negotio, fuperavit.
p. 209.

f Fordun calls her the coufin of Siward. Boethius and Buchanan fay, fhe was his daughter.
The Englifh Hiflorians do not fpeak of this affinity.

The time of Siward's being advanced to the earldom of Northumberland, according to any of x

the accounts given by the Englifh writers, is hard to be reconciled with the hiftory of this marriage
in the Scottifh writers. Perhaps Duncan married fome near relation of Siward's wife, Elfleda,
defceaded of the former race of Northumbrian earls.

thenv

5 fJ THE BORDER-HISTORY OF

them, Malcolm had recourfe to earl Siward, while his brother Donald fled to
the weftern ides. Siward received the young prince with great humanity, and
carried him to the court of Edward •, who being a prince of much gcodnefs,
and having by his flight to Normandy from the iniquity of the Danifh
ufurpers, himfelf experienced the diftreffes of exile, gave an hofpitable re-
ception to the royal refugee, and entertained him at his court feveral years.
Macbeth from good beginnings having degenerated into a cruel and rapacious
tyrant, Malcolm was foliated by many of his fubjects to return to his native
country, and aflert his juft claim to his father's throne. At laft Macduff",
the powerful thane of Fife, abandoning Macbeth's, and efpoufing Malcolm's
interefts, the latter was encouraged to attempt the recovery of his inheritance.
Ford. 1.5. e. 7. The countenance and aid of the Englifh king was readily obtained: Siward,
with the permiffion of king Edward, accompanied the prince into Scotland,
where great numbers immediately joined him ; and Mac. & - being abandoned
by his army, and obliged to leek his fafety in flight, was fooh overtaken and
(") At L " nfan,n flain (« ). This expedition of Siward with his coufin or grandfon Malcolm
mountains, ac into Scotland *, is by the Englifh writers placed two or three years fooner
Fordun t0 '' ian *^ e J' 6 ' 11 " ' n wmcn ' according to the Scotrifli hiftorians, Malcolm afcended
a. d". io JS . the throne. Siward died the year following r ork, intainirjg to tin- lift
CoT r T' his martial fpirit, and clad in his laft agonies, at his own efire, in ail the
habiliments of war.

Siward's fon being too young to adminifter the earldom, it w;.s conferred on
Tofti, one of the ions of the mighty earl Goodwin f ; who had died two
years before, and was fucceeded in his extenfive poficffions and great power
by his eldeft fon Harold. Tofti difplayed a bold and intrepid fpirit in fup-
^rompu.n.ad porting, againft the opprefllon of the Roman pontiff, Aldred archbifhop of
si"v Dun. York, whom he accompanied to Rome to receive the pall. While he was
c. r. a. abfent on this journey, he is laid to have been ill tiled by Malcolm Canmore

Chron, Mailr.

* No mention is made of this expedition by the Saxon Chronicle. Florence fays, that Siward>
by the king's command, invaded Scotland with a mighty fleet and an army of horfemen, and
fought a battle with Macbeth, wherein many thoufand Scots, and all the Normans who had lately
taken refuge in Scotland, being flain, and Macbeth totally routed, Siward, as Edward had com-
manded, made Malcolm king. In this battle, however, Siward's fon, and many or the Danes and
Englilh fell. ■ The fame account is given by William of Malmeibury, Simeon of Durham, Hove-
dcn, and others ; only they call Malcolm the fon of the king of the Cumbrians. Theie authors,
and the Chronicle of Mailros, place Siward's expedition into Scotland in iojj, and his death in
IO55. The Normans mentioned above, were Ofbern, firnamed Pentecoft, and Hugo, who were
obliged to fly into Scotland two years before, upon the reconciliation between Edward and earl
Goodwin ; which earl had rebelled againft the king, on account of the favour given by the latter
j*. . g > to the Normans. Brompton fpeaks of a fon of Shvard, called Ofbern Bulax, who fell lighting

bravely in Scotland, or according to others, in Northumberland, where he was oppofing an infur-
reclion that happened in that province, while his father was engaged in his Scottifh expedition.
But Bromptom's hiftory of Siward is, in feveral particulars, fabulous and erroneous. Fordun
places Malcolm's accefllon to the throne of Scotland in 1057, on St. Mark's day April 25th.
According to the fame author, Macbeth was flain on the 5th of December in the preceding
year. An effort was made by fome of Malcolm's friends to raife to the throne Lulach, who was
a near relation to the tyrant, but he was killed by Malcolm or his friends on April 3d.

f In Malmcfbury's lift of Goodwin's fons he is the fourth ; but Huntingdon and Knighton fpeak
of him as being the eldeft.

8 king

$053.
1061.

ENGLAND AND SCOTLAND. 57

king of Scotland; who, although Tofti's fworn ally *, made a wafting inroad
into his province, and violated the peace of St. Cuthbert in Holy Ifland.
Tofti alio (hewed his courage in an expedition into Wale's, in company with
his brother Harold. But this courage was vitiated by an unbounded pride
and barbarous ferocity, which brought upon him both the difpleafure of the
king, and the juft refentment of the inhabitants of the province, over which
he prefidcd. His jealouly and wrath againft his brother Harold was lb ex- Hunting,
treme and furious that he attacked him with blows, and ieized him by the p> i&7 '
hair in the prcience of the king at Windfor. The fame rage prompted him
immediately after to maffacre his brother's domeftics at Hereford, where they
were preparing a feaft for the king; and to put the limbs of their mangled
bodies, into the VciTels of the liquors that were to be drunk at this entertain-
ment •, after which he ll-nt a meflage to the king to inform him, that he would
find the meat well cured at the feaft he was going to. The king, it is faid,
gave orders that he Ihould be immediately expelled the kingdom ; but it feems F)o r r '_ $['
that thefe orders would have fcarce had their effect, if the Northumbrians, ^m. Dun.
provoked by certain cruel murders, that had been committed on fome perfons co j. ,' 92 ,", 91 .
of eminence in their country by the contrivance and orders of Tofti, and by Aiur. Bev.i. 8.
a moft opprelTive tax he had impofed upon them, had not declared an in-
vincible relblution to fubmit no longer to his government. Some who had
military commands in the province, accompanied by two hundred loldiers,
cut off, in the neighbourhood of York, the like number of Tofti's depen-
dents and two Danes his domeftics, and feized all his arms and treafures.
This ferved as a fignal for a general infurrection of the province ; who met at
Northampton, and afterwards at Oxford, earl Harold, whom the king had
fent to quiet the commotion, and, if poffible, to reconcile them to Tofti.
But they perfevering in their purpofe, and being fupported by Edwin earl of
Mercia, the next in power to Harold, obliged Tofti and his accomplices to
abandon the kingdom, a little after the feaft of All Saints. The exiled earl
found a retreat in the dominions of Baldwin earl of" Flanders, whofe daughter
Judith he had married : and Morcar brother to Edwin, was, at the requeft of
the provincials, promoted by the king to the vacant earldom.

The expulfion of Tofti was foon followed by events that firft aggrandized
to the higheft ftate, and then on a fudden wholly ruined the family to which
he belonged. Edward the Confeffor dying in the beginning of the following A - D - "> 6 *-
year without iflue, and without heirs that were capable of aliening their right;
Harold availed himlelf of his vaft power, wealth, and influence, and feized
the vacant throne. He had in particular attached to him Morcar and his
brother Edwin, perfons in the kingdom next in power to himfelf, by marry-
ing their After Elgitha. His fhort reign was firft difturbed by his jealous and
refentful brother Fofti, who by the aififtance of his father-in-law, and Wil-
liam diiK.e of Normandy, the huiband of his wife's fifter, having collected a „. -

J 1 Chron. Sax.

fleet of lixty fhips, did begin with harafling the Ifle of Wight and the coalts fw. vi E .

Sim Dun,
•d .An.

* Tofti, together with Kinii, archbifhop of Yo:k, and EgeUin bifhop of Durham, had
conduitcd Malcolm to the pretence of Edward two years before. Sim. ad Ann.

I of

5 t THE BORDER-HISTORY, &c.

of fome of the fouth eaftern counties, from whence proceeding northwards*
he made a defcent in Lincoln (hire, but was driven back to his fhips by the
carls Edwin and Morcar. After this repulfe he fought refuge in Scotland -,
where he remained till he was informed that Harold Hartager, king of
Norway, had entered theTyne with a great fleet. Having joined him as foon as
pofiible, they failed together up the Humber ; and with combined forces put to
the rout an army which Edwin and Morcar led too haftily againft them. But
Harold five days after encountered the victorious invaders, with a great army

Sept. %$. at Stamford bridge : in this battle, which was fought with great fury, both the
Norwegian king and Tofti were (lain, together with the greateft part of their
followers : but in lefs than three weeks, this profperity of Harold had a fatal
reverfe ; for having loft many of his beft troops in the battle juft mentioned, and
offended the reft by leizing to himfelf the fpoils of their vanquished foes, he
haftened with much inferior ftrength to encounter William duke of Normandy,
who had landed on the coaft of SufTex ; and in a great and decifive battle

oa. 14. fought near Haftings, was defeated and flain. After this victory every thing
yielding to William, he was crowned king of England before the expiration
of the year •, and became the founder of that race of princes which hath ever
fince pofleffed the Englifh and Britifh throne.

THE

B O R D E R-H I S T O R Y

O F

ENGLAND and SCOTLAND.

BOOK II.

T N the battle of Haflings, the greater part of the Englifh forces fell with wni. Conqueror,

X Harold •, but Morcar and Edwin either were not on the field, or by de- jjj",^"^"^

dining to fight Hived themfelves and their followers. As foon as they heard k. of Scotland.'

of Harold's death they repaired to London •, where the citizens were all in- v — -•> *

clined to fupport the claim of Edgar Atheling, the grandlon of Edmund ° r ', 00 6.
Ironfide, and rightful heir of the Saxon line of monarchs : but the two am-
bitious earls, unwilling to put on the head of a boy a crown which they
hoped would be offered to one of themfelves, retired in difcontent from
London with their forces : and the friends of Edgar, reduced to the neceffity
of fubmitting to the prevailing power of the victor, gave their concurrence order, vit.
in advancing him to the throne. Nor had he been long crowned before '■ 3- p- i°h
Morcar, with his brother, and the other nobles who had not been prefent at
his coronation, repaired to him, to make their fubmifTion and fwear fealty. As
he claimed the crown as his juft right by virtue of the deftination of the late
king, he regarded all who bore arms againft him in the field as traitors ; and
therefore, whether they fell in the action or furvived it, he forfeited their
lands, and diftributed them amongft his followers. The Northumbrian earl,
by declining to fight, efcaped forfeiture, and was confirmed in his pofieffions.
But in the fpring of the following year, he with the other chief Englifh nobles 1067.

was carried over to Normandy, in a vifit which William made to that country,
their prefence at home during the abfenceof the king being judged unfafe, after
fo recent and violent a revolution.

The abfence of thefe powerful chieftains did not hinder fome troublefome 0r<J " v;t -
infurrections ; which William returned to quafh in the end of the year. But P " s "' 5It
his rapid fuccefs in fubduing feveral of thefe infurreclions, did not difcourage
Morcar, with his brother Edwin, from taking arms in the north. Thefe
potent and popular chieftains were offended at the king's requiring their attend-
ance on hirn to Normandy, and Edwin, in particular, is faid to have refented
his being deceived in the hopes given him of marrying the king's daughter.
The two brothers applied for aid both to the Scots and Danes •, but thefe aids io6t.
not arriving in time, and the kingevery where prevailing againft the friends of
the earls in the different parts of the kingdom, they found it neceffary, upon
William's advancing northwards, to make their fubmiflion •, and upon their
doing fo were pardoned. Egelwin bilhop of Durham had the fame fuccefs
in imploring the victor's clemency to himfelf and his city. This prelate af-
terwards acted as a mediator between William and Malcolm king of Scot-

I 2 Jand,

Tor. Vi<

60 THEBORDER-HISTORYOF

will Conqueror, land, who was advancing with an army to the aid of his EnpTifh allies, but

■wr f r- I J * D ' ' tJ *

. ' " 8 an ' could not be with them in time. Malcolm, it is faid, readily accepted the
overtures of peace ; and fent ambafladors to William, to take the oath of
fealty he owed to the crown of England. During thefe confufions, Gof-
patrick and Merlefwain, with many other nobles of the higheft rank in the
north of England, dreading the king's feverity, and confuking their own
liberty and fatety, as well as that of the remains of the late Saxon race of their
princes, fled for refuge into Scotland ; paffing thither by fea, and carrying
along with them Edgar Atheling, with his mother Agatha, and filters Mar-
garet and Chriftina. Malcolm gave them a hofpitable reception-, and either
at this time, or not long after, took to wife Margaret, the eldeft of Edgar's
■lifters.

This near alliance of Malcolm with Edgar, thejuft heir to the Englifh
crown, joined to the mighty obligations the former was under to Edward the
Confeffor ; the habitudes he had probably contracted, during his long refi-
dence in England, and perhaps his relation to Waltheof, the fon of Siward,
engaged him to open his kingdom as an afylum to the diftrefled Englifh, who
fled to it in great numbers ; and alio led him often to take up arms againft their
Norman opprefTors.

The king, in order to bring the Northumbrians to a moreperfecl obedience
than they had hitherto yielded, fent Robert de Cumin, with feven hundred
h. b. e. ' men, to be their earl or governor*: but they, relolving rather to die than

Jan. i8. S ' fubmit to the dominion of a foreigner, broke into Durham in the dawn of the

morning;, after Cumin's arrival in that place, and made a general mafiacreof
himfelfand his followers; one only of the whole number efcaping. This
deftruction being followed by a rebellion at York, William marched in per-
fon to the fcene of thefe commotions, anci foon quelled them.
Car(t During this expedition of William -f- into his northern provinces, or foon

,p ' 4 ° 4 ' after it, Cofpatrick ieems to have obtained from him the earldom of Nor-
thumberland ; having purchafed the king's confirmation of his title to it by a
great fum of money. Cofpatrick claimed this dignity, as being defcended from
a former race of earls; for his mother Algitha was the daughter of earl Uchtred,
by his wife Elfgiva, king Ethelred's daughter: Algitha's hulband, and the
PeG. R. a. father of Cofpatrick, was Maldred§, the fon of Crinan, it is related by Si-
e. 204. ' meon of" Durham, that Morcar, after his advancement to the earldom of Nor-

thumberland, being occupied in other great affairs, gave the earldom of the

A. D 5)

Sim. Dun

* Carte, quoting Odericus Vitalis, p. 512. and Alured of Beverly, calls Cumin earl or gover-
Sim. Dun. 198. nor of the county of Durham : but Simeon lays, he was fent to govern the Northumbrians on the
north fide of the Tyne. The Saxon chronicle fays generally, that the king gavenim an earldom
in the land of the Northumbrians ; and adds, that he had an aimy of nine thoufand men, who were
cut off together with h-mlelf. Turgot (in Hift. Dun. Ecc. 1. 3. c. 15.) relates, that William, after
having- long fullered the Northumbrians to continue in a ftate of rebellion, did, in the third year of
his reign, let over them Cumin as their earl.

f Carte is quoted in the margin, as the authority for this expedition into the North, not noticed
by feveral of the annalills. He does not dillinftly quote his author, but it feems to be Ordericus
Vitalis, p. 512. or Alured Beverl. or both.

$ Maldred was alfo the Progenitor of the noble family of the Nevilles, Dugdale's Peerage,
vol. i. p. 287.

country

ENGLAND AND SCOTLAND. 61

country beyond the Tyne to-Ofulph, a youth, the fon of Eadulf, who was carl m*i. Cme-nore,
Uchtred's brother and fucceflbr. According to the fame author, the king, ._" "^
having deprived Ofulph of his earldom, conferred it on Copfi, the uncle of
earl Tofti, a man of wiidom and experience in affairs, and who had formerly
had the charge of the province while Tofti was earl. Ofulph being expelled
his earldom by Copfi, and obliged to take fhelter in the woods and mountains,,
collected around him a band of men in the like defperate circumitances. With
thefe defperadoes he befet an houie where Copfi was feafting, and purfuing
him to a church, to which he had fled as a fanduary, and which his purfuers
immediately let on fire, he was (lain by Ofulph in the entrance of it. This
happened on the i ith of March, in the fifth week after Copfi was made earl..
In the following autumn Ofulph received a mortal wound, by the lance of a
robber, whom he had rafhly attacked. And after the death of Ofulph,
according to the annalift who relates the circumitances juft mentioned, and
moft probably alio after the death of Robert Cumin *, the king fold the earl-
dom to Colpatrick.

In the autumn of the fame year, an army of Danes, joined by forces from
Scotland, with whom came Edgar Atheling, and thofe who had accompanied
his flight, made a defcent near York, and took that city and its caftle, havin°-
deftroyed the Normans who defended them. Many of the greateft lords of
the North, and in particular earl Colpatrick -f, with the whole power of the
Northumbrians, having joined thefe invaders, the prefence of William be- cTiga^
came again neceffary to oppofe fo formidable a combination. By bribing the
Danes to retire, and cutting off provifions from thofe who held out York, he
obliged the latter to fubmit. But, in defending the place, Waltheof, the fon
of Siward, diftinguifhed himfelf by fuch extraordinary feats of courage, that
William refolved to make him his friend by the force of clemency and gene-
rofity. Befides pardoning him, and confirming him in his former poffeffions-
of the earldoms of Northampton and Huntingdon, he made him new grants ;
and gave him his niece Judith to wife. Incenfed, however, to the higheft
degree, by the repeated infurrections of the fierce people of the North, he
laid their country wafte, by fire and fword §, all the way from York to Dur-
ham,

* This is the order adopted by Dugdalc, vol. i. p. 54. Simeon, in his account of the fucceflion
of the Northumbrian earls, wherein he is copied by Hovedenand others, fays, That on the death of
Ofulph, Cofpatrick purchafed the Northumbrian earldom ; yet moft incontinently aflerts, that Copfi,
who was flain by Ofulph, was not promoted to his earldom, until Morcar was taken and impri-
foned, which was in 1071. The truth is, the accounts given by the annalifls of thefe tranfaclions
are neither confiftent nor diftinft.

f So Simeon exprefsly calls him ; which is a proof that he had obtained this dignity before Wil-
liam's expedition northwards in the end of the year.

§ The dread of approaching danger and defolation, which the innocent were expofed to fufFer along
with the guilty, determined Egelwin, biihop of Durham, and the great men of his diocefe, to feek Turgot, H.D.S,
by flight their own fafety, and that of their facred depofet, the uncorrupted body of Sr. Cuthbert. 1.3.0.15.'
This they hoped to find in the place from which the like dread of foreign invaders had occafioned siln ' Dun »
the removal of that body 194 years before. In the depth of winter they took their way towards G ' R ' A *
Holy lfland, where they arrived on the evening of the fourth day after their leaving Durham. The De*"i'ith
tide was then full, but on the approach of the faint, if we believe his monks, it was fo complaifant
as to open a paffage for the proceffion j the waves dofe following the foot-Heps of the company;

but

Hoved,

6* THE BORDER- HISTORY OF

wiii.conqueror, ham, efpecially near the fea ; that future invaders from Denmark might not,

.J°~ ,-.'l.' in their defcents on that coalt, be able to find fubfiftence. In this northern
expedition, William penetrated as far as Durham and Hexham, and built a

Ord.vit.p. 515. caftle in the former of thefe places*.

a. d. 1070. Soon after the Conqueror left the Northumbrian territories, Malcolm, king
of Scotland, entered them by the way of Cumberland, which was then fu eject

Sim. Dun. to him ; and made great devaluations along the courfe of the Tees, and aiter-

wards in Cleveland. While Malcolm was thus employed, Cofpatrick made
an inroad into Cumberland ; and, after ravaging that country, returned with
great fpoils, and fhut himfelf up in Bamburgh. From thence making fre-
quent rallies, he annoyed and weakened the forces of Malcolm ; who, greatly
provoked by what he fuffered, and probably the more that Cofpatrick from a
friend had become his enemy, committed the moft horrid cruelties upon the
Northumbrians, and carried fuch multitudes of them captives into his own

Fot<). 1. 5. c 18. country, that, for a long time after, fcarce a little houl'e in Scotland was to be
found without Englifh fl.ives of the one or other fex. Simeon of Durham

Sim. ibid. relates, that while Malcolm was on this expedition, he found on board (hips

at the mouth of the Were, Edgar Atheling, his mother and fillers, accom-
panied by Siward, Barn, Marlfwein, Elfwin the fon of Norman, and feveral
other Englilhmen of great rank- and wealth ; who having joined at York the
Danes, who were now gone to their own country, and dreading the refent-
ment of William, were on their way to Scotland to feek refuge there. Mal-
colm, being acquainted with their purpofe, addrefled them with great kind-
nefs, and allured them of a welcome and fafe refidence in his dominions, as
long as they pleafed. They accordingly proceeded in their voyage ; and Mal-

but proceeding no farthe-, whether they moved fall or flow. In this retreat, the bifhop and his
followers having attended their charge more than three months, and being then informed, that
Cth April. the king had moved into the fouthern parts, carried back the body of the faint, and after cleanfing

his church from every defilement, reltored it to its acculiomed place. A crucifix richly adorned
with veftments, presented by eail Tofli and his lady, was the only moveable of value that had been
left in the cathedral of Durham ; as being difficult to carry, and alfo from the expectation that a
thing fo facred would excite a greater reverence to the church. But on the return of the bifhop and
his train, it was found thrown down on the floor, and (hipped of all the gold, filver, and gems
that formerly adorned it. In a legendary tale, which Simeon of Durham, or Turgot, relates on this
occafion, earl Cofpatrick is charged with having advifed the flight of the bifhop and his clergy, and
with having made his advantage of it, by carrying off the precious ornaments of their church. An
ancient pried of Durham, one of the company who fled to Holy Ifland, told Turgot a dream, in
which he faid, he faw a great Northumbrian baron, who had maltreated bifhop Egelwin and his
company in their flight, fuff'ering the torments of Hell ; and alfo, in the fame dream, had heard St.
Cuthbert denouncing woes againft Cofpatrick for the facrilege he had committed on his Church.
The infpiration of this dream is faid to have been confirmed by the fudden death, at the very tima,
of the perfon whole foul was feen in Hell: and when Turgot related this (loiy to Cofpatrick, after
the retreat of that earl to Scotland, he wasfeized with horror, and immediately fet out on a pilgrim-
age, on his naked feet, to the Holy Ifland ; feeking forgivenefs from the Saint by prayers and gifts.
Turgot adds, that after Cofpatrick had been guilty of the impiety above related, he was never in
the fame honourab'e ftate as before ; but was expelled from his earldom, and, during the remainder
■of his life, underwent many advcrfities and (offerings.

* According to Simeon of Durham, William did not build this caftle until his return from his ex-
tion into Scotland in 1072. Sim. Dun. c. 205.

1 colm.

ENGLAND AND SCOTLAND. 63

colm, on his return, finding them arrived, made good all his engagements ; ""'of^cortTrT'
and, with the eonient of her relations, took to wife Margaret, the fifter of .J_ w . _ f '
Edgar, who, by her piety and fweetnefs of difpofuion, is faid to have foftened
the ferocity, and humanized the temper and manners of her hufband.

The following year was fatal to the two brothers, Morcar and Edwin ; who, A * D - ,0 7 u
continuing the objects of William's jealoufy, and apprehending that he was
about to deprive them of their liberty, fled from his court, feeking fhelter in
fuch retreats as feemed mod fecure. But it was not eafy to efcape fo mighty
and vigilant an adverfary. Morcar joined a body of defperate men, who,,
headed by Hereward his uncle, undertook to defend themfelves in the Ifle of
Ely. After a long and brave refiftance, Hereward, with a few companions,
forced his way through the furrounding marlhes and foes. But Morcar, with
many others, were obliged to yield themfelves to William, who kept Morcar *f a * lor - ad '

J * o^ j ' t .Ann. and

in prifon all the reft of his reign. Edwin, flying towards Scotland to put him- Brom,.ton, ai<»
felf under the protection of king Malcolm, was betrayed by fome of his fol- ^'^"ofFw
lowers into the hands of certain Norman foldiers, and flain. In the following re nce.
year William found himfelf at leifure to undertake an expedition againft the A - D - 1 ° 72 *
Scottifh King, in which he employed great force, both by land and fea.
Malcolm met him with a great army, at a place near his frontiers, which moft
of the Englifh annalifts call Abernithi *. William finding nothing in the
country that could allure a Conqueror; and Malcolm confenting to perform
the accuftomed homage, and to give hoftages, a peace was concluded, in con-
fequence of which, Edgar Atheling did again return into England, where his
iniignificancy preferved him in fafety, during a long life. William, on his
return from this expedition, deprived Cofpatrick of his earldom of Northum- s!m - Du *
berland ; accufing him of giving council and aid to thofe who had put to death

• The annals of Waverly fav» That in the entry into Scotland he croffei Scodixcede. Tin's is a Ford. 1. 2. c. *.
name fometimes given by Fordun to the Elk, or Frith of Sol way, which makes it probable that '• 3- c< 7»
Abernithi expreffes a place, where there was a port, or ftation of veffeb, (according to the meaning
of the Britifh word Aber) at the mouth of the Nith ; which is not far from the paffage into Scotland
over the Elk, near its mouth. According to this interpretation, Abernithi mull have been fituated
where the prefent Dumfries Hands. The Saxon Chronicle fays, that William entered Scotland at •

Gewsede, which Dr. Gibfon tranflates Tweed. Goodall fays, That it fhould be rendered//.* Ford Coodall Intro*,
(Vadum) and fo would denote the fame as Scothwaede, Sulwa;h, or the Efk, near wheie it empties J? ' p ' *
itfelf into that Frith. Hoveden's account of William's returning fouthward, by the way of Dur- M at ] Weftl
ham, where, according to that author and others, he did at this time build the cafile, agrees better
with his having entered Scotland by the Tweed. Matthew of Weftminlter fays exprefsly, that
William entered Scotland with a great army, and that Malcolm met him peaceably at Berwick, and
paid him homage ; (Devenit homofuus.)

If Abernethi, or as Florence hath it, Abernithiei, be read Aberuithi, or Aberuilbici, the name
will approach near to that of Berwick : and in the ancient manufcripts, the one of thefe letters,,
n for u, might be eafily miftaken for the other.

But it mull be owned, that a ftrong obje&ion to either of thefe accounts of Abernithi, and an
argument for its being Abernethy in Fife, arifes from a paffage in the fpeech afcribed by Ealred Ab-
bot of Rievalle to Walter Efpec, before the battle of the Standard. There, it is faid, that William the
Conqueror penetrated through Laodonia, Calatria, and Scotia, as far as Abernith, where the warlike
Malcolm furrendered himfelf to William as his vaflal. Ethelred de Bello Stand, ap. Dec. Script,
p. 340. What gives greatweight to this authority, is Ealred's being cotemporary with David, Mal-
colm's third fon, and his knowledge of Scotch affairs, as he was David's intimate friend, and the
companion cf prince Henry from his childhood, Dec. Scr. 349, 350, 368.

64 THE BORDER- HISTORY OF

w.n.Conqueror, at Durham Robert Cuming and his followers ; and alfo to thofe who had de-
v_^-Jlllj ftroyed the Normans at York. Coipatrick probably apprehending the lofs of

Km. Dun. his life or liberty, as well as his dignity and eftate, took refuge in Scotland,

p. »o 4 . After a fhort flay there, he paffed over to Flanders ; Malcolm, perhaps, fear-

ing to entertain him, fo foon after a peace concluded with England. But Jo me
time after he returned to Scotland ■, and then Malcolm gave him Dunbar, with
the adjacent lands in Lothian, for the fupport of himielf and houfehold, until
the return of better times. William, immediately after Cofpatrick's expulfion,
conferred his earldom on Waltheof, the lbn of earl Siward. k

a. d. 1074. The prosperity and greatnefs of William excited the malignity, even of his
Norman chieftains-, and, as is nfual with ufurpers, the exertions of his power,
for his own prefervation, were often arbitrary and levere. Theie things provoked
mod of his Norman and other foreign valTals, to whom he had diltributed the
lands of England, to enter into a confpiracy againiV. him, while he was abfent
in Normandy. To this confpiracy earl Waltheof was privy, and promiled
•fecrecy to the other confpirators, though, on account of his obligations to Wil-
liam, he declined being active in the intended infiirrecYion. He even loon
broke his fecrecy, communicating the plot to his wife, and to Lantranc, arch-
bifhop of Canterbury, who prevailed with him to go over to Normandy to
reveal it to the king. The dread of being betrayed by Waltheof, or of their
defigns coming to light in fome other way, impelled the conlpirators to begin
their infurredtions too early : nor did the Danes, from whom they expected a
great aid, arrive in time to fupport them. Thefe circumltances contributed to
the eafy fuppreffion of the confpiracy, by the king's faithful friends, and by
himfelf after his return. Many of the confpirators were punifhed by death,
the putting out of their eyes, or mutilation ; and Waltheof, notwithstand-
ing the alleviating circumllances above recited, was, chiefly on the teftimony
of his wife Judith, condemned to die. He was, after feveral months impri-
a.t>. 1075. fonment, beheaded on a hill near Winchefter •, and was the laft EngliiTiman,

April sg. ' who, fince the conqueft, retained any confiderable power or interelt in the
nation. Walcher, bifhop of Durham, who fucceeded t'gelwinf, and was one
of thofe foreigners whom William chofe to advance to the great Englifh fees,
did, after the death of Waltheof, purchafe from the king the Northumbrian
*arldom.

The particular caufes that broke the peace between Malcolm and William,
are not recorded by hiftorians ; but Malcolm began his inroads abouc ieven

f Egelwin, in the )ear 1070, unwilling to fubmit to the oppreffion of the Normans, embarked,
in order to Tail for Germany, intending to fpend the remainder of his life in a voluntary exile at
Cologne. But contrary winds carried him iuto Scotland, where he fpent the winter. In the follow-
ing fpring he joined Hereward and Morcar, and lliared with them in their defperate defence of lily ;
where he fell into the king's hand'., and died in prilbn, in the end of the jear 107J .

Walcher, and Wahheof, according to Simeon of Durham and Hoveden, lived in the gieateft
friendihip. Wa-kheoi iitting with the bilhop in thefynods of his clergy, and humbly and obediently
putting in execution the decrees of the bidiop, for reforming religion within the bounds of his diocefe.
Hovecl. p. 455. His body was full interred near the place of his execution, but was afterwards
buried in the chapter-houfe of the abby of Croyhnd'; where the monks faid it remained uncor-
1 up ted, and wrought miracles. Of conference -he was honoured as a faint. Dugd. Peer. 1. 55.

years

ENGLAND AND SCOTLAND. 6 5

years after the expedition of William into Scotland, above related. While Mai. Cjnemwe,
William was employed on the frontiers of Wales, the Scottifh king, in the 1^' ofS "l| b '^
autumn, over-ran the country as far as the Tyne, making havock every where a. d. 1079.
v/ith fire and fword, and carrying home many captives and much booty. It
feems fomewhat unaccountable, that Malcolm mould have been fo cruel, as
the Englifh annalifb reprefent him, to the Northumbrians ; who 'appear to
have born an enmity equal to his own again ft the Normans. This was fhewn
in a very confpicuous inftance, in the year that followed the laft-mentioned in-
curfion of the Scots. Walcher, bifhop of Durham, who had, during about a. d. to« .
fix years, held the Northumbrian earldom, was himfelf a pious, learned, and s'm'^n'
good man •, but he was unhappy in the choice of his minifteis, and favourites.
Giflibert, his kinfman, was intruded by him as his deputy in the adminiftra-
tion of the earldom ; and his chief confident in all his affairs, was his chaplain
Leofwin J. The bifhop, at the fame time, treating with great refpect, and
admitting to his councils, Ligulf, a Saxon nobleman, eminent by his pofTef-
fions, high alliance§, and perlbnal virtues: the jealouly and refentment of the
Norman favourites were thereby excited ; and Leofwin, on a particular occa-
fion, thinking himfelf grievoufiy affronted by Ligulf, folicited Giflibert to
put him to death. This Giflibert readily undertook ; and afiaulting his houfe
in the night-time, murdered Ligulf himfelf, and the greateft part of his family.
The bifhop, though greatly difpleaied, yet continuing to entertain and employ
the guilty perlbns, incurred the blame and refentment arifing from their
wicked deed; and in a meeting held at Gatefhead, where he propofed to com-
pound the matter between Ligulf's relations and Leofwin, the incenfed mul-
titude*, with much cruelty, deftroyed not only the two pri cipal offenders,
but alfo the bifhop himfelf, and the reft of his company, to th number of
about an hundred. Odo, bifhop of Bayeux, the Conqueror's uterine brother, May 14.
and his chief jujiiciary -f, being fent down with an army to punifh this outrage,
revenged the crime of the offenders, moft of whom had fled, upon the pro-
vince to which they belonged, by putting many cruelly to death, mutdating
others, and laying wafte the country.

It was in the third year of Walcher's bifhoprick, that Aldwin and two other ad 1074.
monks, from the province of Mercia, gave a revival to monkery in the pro- c fn R nu 6 .
vinces to the north of the Humber, after it had been extinguifhed, and uh- 1 urgo't.
known there, for two hundred and eight years-, that is, from the time the ™ ^ e -p-43»
Danes had deftroyed the convents. Aldwin and his companions came firft to

J Turgotcalls Leofwin his archdeacon.

§ Ligulf married Algitha, the filler of Alfleda, wife of earl Siward, and mother to Waltheo*".'
Sim. Dun.

* The leader of this multitude was Eadulf, firnamed Rus, a great grandfon of earl Uchtred, and
confequently related by affinity to Ligulf. Eadulf is faid 10 have killed the b (hop wi h hs own
hand ; but foon after, being killed himfelf by a woman, he was bur ed in the church of Geddcwerde ;
from whence atterwaids this nuifance was cad out by Turgot, when prior and archdcicon of the
church of Durham. Sim. Dun. Col. 204. But Turgot himfelf calls this murderer Waltnef; and
fays that he was killed by his wife's brother. Turgot, 1. 3. c. 23.

f Turgot aptly defcribes the greatnefs of this office of Jufticiary in thofe times ; fpeaking of Odo,
he fays, qui tunc a rege fecundus fuerat.

K New-

4+> 4S>

66 THE BORDER- HISTORY OF

w ''.conqueror, Newcaftle, then called Monkchefter; but Walcher being informed of their
■ ° "* A " '■ pious intent, took them immediately under his protection, and gave them the
ruined monaliery of Jarrow. But Aldwin leaving the care of Jarrow to one
of his companions, and carrying along with him Turgor, whom bifliop Wal-
cher had recommended to his tuition, fet out for Mailros, where St. Cuth-
bert was firft known. What was formerly a monaftery, they found now a foli-
tude ; but delighted with the retired fituation of the place, they there took up
their abode, and applied themfelves to their devotions. Having repaired the
ruins of the church in the fimpleft manner, and reared a hut contiguous to it,
for a place of eating and fleeping, they were joined by a few Northumbrians,
and by leveral from the more fouthern provinces; and received a fcanty fuC-
tenance from the alms of the religious. But Malcolm, to whom the place was
fubjecl, opprefled and pcrfecuted them very cruelly; becaufe that, revering the
precept in the gofpel, they refufed to fwear fidelity to him. In the mean time
Walcher, by repeated letters and commands, entreated and adjured them to
return and live under the protection of St. Cuthbert •, and at laft proceeded fo
far as to threaten them with excommunication, if they continued obftinate..
The dread of excommunication had more influence with them than the fear of
the king, or of the death that he threatened ; for they had determined rather
to die, than abandon the place. Upon their return to Walcher, he gave Aid-
win the monaftery of Weremouth, and endowed it with the town of the fame
name. In the rime of bifliop Walcher's fucceflbr, the monks of the two
monasteries of Jarrow and Weremouth were brought to Durham, and wece
fubftituted in the place of the canons, who formerly performed divine offices*
and attended the body of St. Cuthbert in the cathedral church. Aldwin was
their firft prior t, Turgot, his difciple, fucceeded him ; and in the reign of
Alexander I. of Scotland, was promoted to the bifhoprick of St. Andrew's,

The devaluations of Odo, mentioned above, were followed by an inroad of
Malcolm, the Scottish king; to whofe protection the murderers of bifliop Wal-
PorJua, L 5. cher probably had recourfe. Malcolm is laid by Fordun to have purfuedOdo,
* " D Io3o _ to have defeated his forces, and wafted Yorkfhire. It is at leaft certain, that
Sjjp. oun. -Col. William found it necefiary to fend his ekleft fan Robert to oppole the progrefs
of the Scots. Malcolm retired before him, and Robert "advanced into Scot-
land ; but foon returning without having atchieved any thing of moment, he
built a caftle on the Tvne, at a place called,. formerly, Monkcbejter, but after-
wards, from the caftle then erected, Newcuftle. During the laft feven years of
the Conqueror's reign, the only thing we meet with in hiftory, concerning the
affairs of Northumberland, is, that on the alarm of a formidable invafion,
A- n. 'oS*' which Canute, king of Denmark, was preparing to make into England, Wil-
liam brought over from the continent a great army of foreign mercenaries, for
the defence of his kingdom, and fent feveral thoufands of them into the Nor-
thumbrian territories. After all that had been fuffered by that miferable coun-
try, thefe foldiers had ftill orders to wafte it, that no fubfiftence might be
found in it by the invaders ; whole expedition was ftopt by contrary winds
and doineftic difturbances. When the fucceffive dilbrders and devaftations of
ilicje northern parts, during the Conqueror's •5eign J are confidered, it is not

111

ENGLAND AND SCOTLAND. 6j

to he wondered that there is no account of Northumberland, Cumberland, Maf.Canemtre,
and Weftmoreland, in the famous Doomfday Book, which contains a particu- ,_' _ J
lar furvey of all the parts of England, and was finifhedthe year before the Con-
queror's death.

William the Conqueror, dying in Normandy, was fucceeded in the duke- a, d. 10*7.
dom of that province, by Ids eldeft fon Robert, and in the kingdom of Eng-
land, by his fecond ion William, firnamed Rufus. The old king, on his death- o<i. vit.
bed, gave orders for letting free all prilbners -, upon their engaging, by oath,
not to difturb the public peace. Morcar, formerly earl of Northumberland,
who had been a prisoner in Normandy, having thus regained his liberty, came
over to England with Rufus, after the Conqueror's death ; but his liberty ex-
citing the jealoufy of Rufus he was, immediately after his arrival in England,
committed again to cuftody at Winchefter*. It foon appeared, however,
that Rufus had lefs to fear from the Englifn, whom he had very thoroughly
fubdued, than from the haughty and turbulent fpirit of the Norman barons-,
many of whom were attached to his brother Robert, both for his perfonal good
qualities, and his title by primogeniture to his father's throne. In the fpring a. d. n>u,
of the following year, a number of infurrections were made by thefe lords, in
different parts of the kingdom ; all which Rufus, and thofe who continued
faithful to him, foon fubdued. Among the infurgents, was William de Cari-
lif-j-, bifhop of Durham, who was in the higheft confidence with Rufus, and chron.s«.
accounted his prime minifter. This bifhop exerted all his power and influ- F ' '• V ' B -
ence againft the king in the North ; but after Rufus had given the fatal blow
to the rebellion in the South, by reducing the cattle of Rochefter, he fent an
army againft the bifhop, who was obliged to furrender his caftle of Durham, Ann. Dun.
and to retire into Normandy, where he remained more than two years. Ro- Ang W Ser. rt T. z,
bert de Moubrai was at this time earl of Northumberland, and was engaged in p. 704-
the rebellion, along with his uncle Geffrey, bifhop of Coutance in Norman-
dy. But Geffrey having at that time the charge of the caftle of Briftol, where
Robert was with him, the fcene of their enterprifes, one of which was the
deftruction of the city of Bath, was far remote from Robert's northern pro-
vince. The precife time when the earldom of Northumberland was conferred
on Robert is not known. After the death of bifhop Walcher, one Alberic, a Sim. Du«.
Norman, was advanced by the Conqueror to that dignity •, but proving unequal
to a charge of fuch importance and difficulty, was foon removed from it, and
returned to his own country. The above-mentioned Geffrey, bifhop of Cou- Dugdite'i Peer*
tance, appears to have had, for fome time, the adminiftration of this earldom ; a6 '' v0
which afterwards was given to his nephew, Robert de Moubrai, a celebrated
warrior, bold, ftern, and haughty. His uncle, the bifhop, was an eminent
leader in the Conqueror's army that invaded England, and gained the battle of
Haftings ; where this prelate fignalized his courage, and, for his reward, re-

* Together with Morcar, he commixed alfo to prifon Wulnoth, brother of king Harold, who
had been detained in Normandy, as a hoftage and prifoner fin:e 105?.

f William de Carilif, fo called from the monallery, to which he had belonged, fucceeded Wal-
cher in the fee of Durham ; to which he was nominated by the king, Ann. 10S0, 9th Nov.

K 2 ceived

68 THE BORDER-HISTORY OF

waiiim Rufus, C e\ved a l ar »e fhare of the lands of the vanquifhed ; and to all which his nephew

K. of England. , » . 1 * i

t Robert was the hem

The fierce ufurping temper of Rufus foon led him to take advantage of the
indolence and mildnels of his brother Robert, and of thofe civil difcords which
prevailed in Normandy, from the character of its ruler. William firft employed
his wealth to corrupt his brother's fubjects, and then openly invaded his domi-
nions ; but by the interpolation of the Norman barons, many of whom had
lands both in England and Normandy, a reconciliation was effected between

a. d. io 9 i. them. Malcolm, king of Scotland, who was not pleafed with the fucceflion
Fi^vfg?" °f Rufus to the crown of England, to the exclufion of his elder brother Ro-

bert, feized the opportunity of William's abfence, made an invafion into Nor-
thumberland, and was advancing farther into the kingdom, but the great
men of the country collecting their forces to oppofe him, he returned to Scot-
land, carrying with him confiderable fpoils. Rufus, informed of this invafion,
which was made in May, came over from Normandy in Auguft, accompa-
nied by his brother Robert. Soon after an expedition was undertaken againfl;
Scotland, both by fea and land ; in which expedition Robert did alfo attend
the king. But ere it reached Scotland, the fleet was almott totally deftroyed
by a ftorm, which happened a few days before Michaelmas. The land-army
alfo fuffered much by cold, and fcarcity of provifions. In thefe circumstances
Malcolm met them with his army, fomewhere near the frontier of his domi-
nions *; and is faid to have fent a meffage to the Englifh camp, offering his
homage to Robert, as being the Conqueror's eldeft fon, agreeable to his en-
gagements to his father ; but at the fame time denouncing plain war againfl;
Rufus. Edgar Atheling was then with Malcolm •, Rufus having, in his late
expedition into Normandy, obliged Edgar to abandon that country; in which
Henry, the youngeft of the Conqueror's fons, had given him a fettlement.
Robert going to the Scottifh camp, was aflifted by Edgar in mediating a peace
between the two kings-, which was concluded on the condition, that Malcolm
Ihould pay the fame homage to Rufus, as he had done to his father ; and fhould

* The Saxon Chronicle fays, that Malcolm hearing of the approach of the Euglifh army, de-
parted nvitb bis army from Scotland into Lotbene in England, and there remained. The annals of
Waverley fay almott the lame; Lodone they have, inltead of Lothene ; and when the fame annals
mention the reflitution, made by Malcolm IV. of Scotland, to Henry II. of Eng'and, of the nor-
thern countic, they call thtm Ccmitatus Lodonenjis* Florence iays, That Malcclm, with his
army, met Rufus in the province Loide. Simeon of Durham and Hoveden fay the fame. The
Mailros Chronicle, which Fordun in 1. 1. c. 24. almoir. ir.mfcribes, -elates, 1 ha 1 William met
with Malcolm's army already wafting Northumberland, in fro'vincia Loidis. Brompton, followed
by Fleming ford, telates, That this meeting was in pro-uincia Loudicenji juxta conftnia ; nor do
either of thefe authors, nor Florence, nor Simeon, mention Malcolm's going out ot his own king-
dom into this province. According to Ordericus Vitalis, the Englifh army advanced to Scotwatrtt
by which is probably meant the Frith of Forth ; which, in the old writers of both nations, is often
called Mare Scoticum. Perhaps the Saxon Chronicle, ar.d Ordericus, may i-e reconciled, by fup-
pofing, that the writer ot the former underftood Scotwate: to be the limit of the two kingdoms ;
and confequentl) that Malcolm, bj crofting and entering Lothene, or Loide, did at the fame time
enter England. ; hat Rufus directed his route in this expedition, towards the eallern march be-
tween the kingdoms, feerrn probable from his palling through Durham"; where he reftoit-d Wil-
liam de Carilef to the polllflion of that fee ; on the fame day of the month, 1 ith September, on
which he bad been driven out cf it thre« years before..

alfo

Mai. Canemore,
K. of Scotland.

Ford. 1. 5. c.14,
Ann. Wav. p.

J 37-
Chr. S.x.

A. D. ico»,
Sim. Dun.
G. R. A.

A. D. 1093.
Chr. Sax.
Fl. Vig.
Sim. Dun.

ENGLANDANDSCOTLAND. 69

alio hold the fame lands and pofieffions from the crown of England, as he
had held in the Conqueror's time. Thefe were twelve towns in England, and
an annual penfion of twelve marks of gold.

In the year following, Rufus, making an expedition to the weftern parts of
his northern frontiers, rebuilt the city of Carlifle ; which, from the time of its
deftruction by the Danes, had continued in ruins, about two hundred years.
The king alfo built the caftle of that city, and fent a colony thither from the
fouthern parts of his dominions. Next year, while Rufus refided at Giou-
cefter*, Malcolm, king of Scotland, came to his court. This vifit of Mal-
colm was made at the defire, or fummons, of Rufus •, in confequence of foli-
citations on the part of Malcolm, that Rufus would fulfil the articles of the
agreement lately concluded between them. Rufus, agreeably to the wifh of
many of the Englifh nobles, gave Malcolm hopes of obtaining fatisfaction, upon
his repairing to his court, to which he ordered him to be honourably conducted.
But upon his arrival, Rufus behaved to him with great infolence and difdain i Auguit 14..
refufing him accefs to his prefence, and infilling that Malcolm fhould fubmit
the matters in dilpute between them, to the judgment of the peers of Eng-
land. This judgment Malcolm abfolutely declined, affirming, thatfuchcon-
troverfies were wont to be fettled on the marches, by the principal men of both
kingdoms. But thefe pretenfions being rejected by Rufus, Malcolm returned
to his own kingdom in high difpleafure. Nor was he long in fhewi.og the
effects of his refentment: for he and his fon Edward, foon after, entering
Northumberland with a great army, ravaged the country with fire and fword :
but having advanced as far as the caftle of Alnwick, both he and his fon were
there {lain, and his army almoft wholly deftroyed. Thefe difafters are afcribed
to an unexpected attack from an ambufh laid by the foldiers of Robert de Mou-
brai, the Northumbrian earl. The perfon who flew the king, was Moral -j-,
of Bamburgh, who was intrufted either with the defence of Alnwick, or the
command of thofe forces that formed the ambufh in its neighbourhood. Ac-
cording to Fordun, the bravery of Morsel was in this enterprife aided by trea- Ford. 1. 5. c »$,
chery. For the garrifon of the caftle of Alnwick being cut off from all hopes

Hovedenv
Hemingford.

Chr. Sax.
Ann. Way,

No?. I j.

St. B rice's day.

• Ma'colm, on his way to Gloucefter, came to Durham ; and did there, with Carilef, the bifhop
of Durham, and Turgot, the prior of the coi.vent, lay the rirft ftones in the foundation of the new
cathedral, on Thoifday the l nh of A uguft. Sim. Dun. Col. 218.

f In Edward's expolltion of the evidences of his right to the fovereignty of Scotland, Malcolm,
and his fon Edward, are faid to have been flain in Northumberland, per Morellum militem ftrenu-
ijfimum, Rym. ti. 560. The Saxon Chronicle does not mention Alnwick, or its caftle. Florence,
Maireeibury, Simeon of Durfnm, and the Mailros Chronicle, are all equally filent concerning them.
Hovedtn fays, he was flain by Mors', near the Alne. Hemingford relates, that he wafted and
burnt the country as far as Alnwick, and was flain near the Alne. Fordun's account of this event,
which feems'to be copied from Turgot, who wrote the lives of Malcolm and St. Margaret, is the
only ai.tient one that mentions the caftle of Alnwick, or Murealden (which Goodall conjectures may
be read Imeraloen). Malmefbury confirms Fordun's account, faving, that Malcolm was cut off
rather by fraud than force.

The Editor was lately informed, by the learned and ingenious Dr. Percy, that the foldter, who
flew king Malcolm Canemore, is called Hammond, in the old Chronicle of Alnwick abbey, pre-
ferred in the Britim Mufeum, which alfo fays, that he efcaped through the river Alne, then fwoin
with rain, at a place which was long after called Hammond's Ford ; probably where the bridge was
afterwards built,

7 o THE BORDER-HISTORY OF

wiii'.jm Rufus, f relief, Morsel undertook either to deliver them, or die in the attempt. Iflu-
uoD»id l, Banc," ing therefore from the caftle, and carrying the keys of it on his fpear's point,'
k. of Scotland. ^ e advanced to the Scottifh camp •, where he inquired for the king, profefTing
his intent to deliver the keys into the king's hand. Malcolm, informed of his
approaching towards his tent, came haftily forth from it, without his armour,
which the traitor obferving, pierced him through ; and, by the fleetnefs of his
horfe, made his efcape into a neighbouring wood *. A confufion arifing in the
Scottifh army, their enemies, whether in garriibn or ambufh, feized the ad-
vantage thereby offered •, for making a fierce attack on the Scots, they put
them wholly to the rout; and Edward, the king's eldeft fon, received, in this
fhock, wounds, of which he died three days after -f-.

Margaret, the queen of Scotland, a woman greatly renowned for fandtity and
goodnels, overwhelmed with grief on receiving the news of the death of her
Foti l «,c *6. hufband and fon, furvived them only a few days ; and to complete the diftrefs
of the unhappy family, Donald, Malcolm's brother, availing himfelf of pre-
judices ftill remaining in favour of the ancient law of fucceffion, and taking
advantage of the minority of his brother's children, lupported alio by Magnus,
king of Norway, to whom, for his aid, he is faid to have refigned the Weftern
Iflands J, procured himfelf to be acknowledged and crowned king. To gratify
the ancient Scots, to whom he chiefly owed his exaltation, all the Englifh and
chron Sax. Normans, who had belonged to Malcolm's court, were expelled from Scot-
fi. vig. land; and along with them Edgar Atheling returned to England, carrying with

Sim. Don, ^ m j^ ne phews, the children of the late king. But Donald, after poffeffing

the throne fix months, was driven from it by Duncan §, a baftard-fon of king
Malcolm •, who, having been delivered by his father as an hoftage to the Con-
queror, had refided long at the court of England, and ferved Rufus in his

• The author probably thought what is related by fome hirtorians unworthy of notice : that the
foldier's name who flew king Malcolm, was Mowbray ; that by piercing Malcolm through thetye,
he acquired the name of Piercie ; and that this folJier was the anceftor of the Piercie family, who
derived their name from this exploit. Fordun looks upon this ftory as an idle fable, and it ought
to be viewed in no other light; becaufe William de Percy, the anceftor of the iliuftrious family of
Percy, is mentioned in the rolls of Battle Abbey, as one of the Norman chieftains, who came over
with the Conqueror in 1066 j and it is certain he derived his name from the town of Percy in the
Lower Normandy, where the original feat of the Percies was, and a branch of them ftill remains.
The Percy family, though eminent in YorkQiire, and the fouthern provinces, from the conqueft, had
no connexion with Northumberland till the reign of Edward II.

The information in the above note, with regard to the Peicy family, was communicated to the
Editor by Dr. Percy.

•f At Eadward-Ifle, fays Fordun, in the foreft of Jedwood. Sim. Dun. i. e. Targot fayr, that the
Scottifh army was either cut off by the edge of the fword, or thofe who efcaped the fword were
fwallowed up by the inundation of rivers, at that time greatly fwelled by winter rains.
J Fordun does not mention Donald's religning the Weftern Ifles.

§ Duncan, in an authentic charter, preferved in the Durham archives, adds to his name, con-
, fans hcreditaiia Rex Scotia; and in Edward's expofition lately quoted, and alfo in Baliol's plead-
' ings againft Bruce, contained in the fame great procefs, Duncan is fpoken of as the eldeft legitimate

fon of Malcolm, and EJgar as his fecond fon ; which is alfo agreeable to the teftimony of the Nor-
wegian hiftorian Torfasus. Torfasus fays, That Malcolm's firlt wife was Ingibiorge, widow of Tor-
finn, eat! of Orkney, and mother, by her firll marriage, to Paulus and Erlendus, earls of Orkney.
Torf. c. 15. ap. Dalr. Hift. Coll. p. 163.

wars.

Rym.
585.

ENGLAND AND SCOTLAND. 71

wars. Duncan now requefled the Englifh monarch's leave and aid to fcze his D"n«n ir.

father's throne ; which requeft was readily granted, on his fwearing that fealty " °1 " r

to Rufus, which Donald perhaps had refuted. Duncan haftening into Scot- a. d. I09 4.

land, with a great body of Englifh and Normans, expelled his uncle fro'n the

throne, and reigned a year and fix months. This fliort reign was difturbed by

an infurredion of the Scots, in which the Englifh and Normans, whom the f, h v"' S "*

king retained in his fervice, were almoft all cut off; and Duncan, for the

fake of regaining the fealty and obedience of his fubjeds, was obliged to pro-

mife to introduce no more of chefe ftrangers into his kingdom. But though he

efcaped the hazard of this infurredion, he was foon deftroyed by the infidious a. d. 109$.

arts of his uncle Donald ; who again afcended the throne, and held it three

years.

About the time of this laft revolution in Scotland, Robert de Moubrai, earl
of Northumberland, brought upon himfelf the vengeance of the Fnglifh mo- cfar.SM,
narch ; by affociating with William d'Eu, and other Norman lords, in a con- Fl ' ' 8 *
fpiracy for depofing Rufus, and advancing in his ftead to the throne, Stephen,
count of Aumale, the Conqueror's fitter's fon. The king, informed of the
plot, fent a fummons to Robert, who had abfented himfelf from the court at
the feftival of Eafter, to attend it at his peril * at the approaching feftival of
Whitfunday : but Robert refufed to come, unlefs the king fent him hoftages,
and a fafe condud, toproted him in going and returning. Rufus, greatly en-
raged at this infolence, marched northwards with his army, and took the caftle
of Tinmouth, after a fiege of two months. Here he made prifoner the earl's
brother, with the garrifon he commanded ; and in another fortrefs took almoft
all the earl's chief men. But advancing to Bamburgh, where Robert refided,
himfelf, as being his principal place of ftrength, the king found is impregna-
ble •, therefore, to curb its garrifon, and cut off their provifiorvs, he built a
fortrefs in its neighbourhood, which he called Mahoijin, or the III Neighbour \
in which he left a ftrong garrifon, and returned to the fouthern parts of his
kingdom. Roberr, by means of fome fecret cortefpondence he had in the gar-
rifon of Newcaftle, hoped to make himfelf matter of it. For this purpofe he
fet out from Bamburgh in the night, accompanied with thirty horfe. But be-
ing obferved by the garrifon of Malvoifin, he was purfued by a part of them ;.
and his purluers having advertifed the garrifon of Newcaftle to be upon their
guard, he found himfelf fhut out from that place, and direded his flight to
the Monaftery of St. Ofwin -f- at Tinmouth. Here;, after fuftaining a fiege of
fix days, and receiving a wound in his leg, he and his followers were taken
prifoners. Still his wife, and Morsel his relation and lieutenant, held out Bam~
burgh. But Rufus gave orders, that tne captive earl fhould be carried before
that place, and that his eyes fhould be put out, unlefs it were immediately^

• Huntington fays, That Robert, earl of Northumberland, elated withprlde, on account of Tiis
having cut off the king of Scotland, refuted to go to Rufus's court. Huntin. p. 373.

-j- From this monailery, Robert de Moub'-ji, on account of his did" nfion with William de Carilef,
bifhop of Durham, expelled the monks of St. Cu'hbert, and made a prefent of it to the abbot of Sr»
Albans ; for which iniquitous conduct, Turgot oblerves, that in the church of that monaftery, Mou-
brai defervedly loft his pofleffions, honour, and fafety. Sim. Dun. H. D..E. Col. 52*

furren*

7 2 TH E BORDER-HISTORY OF

wiiHam Rufus, furrendered. Thefe menaces had the defired effect. The place was delivered
^_'_° _ "_ a " '. to the king's forces, and Morasl merited his pardon, by difcovering the accom-
plices of the plot •, many of whom were feverely punifhed. The earl himfelf
was committed prifoner to the caftle of Windfor; where he died after a con-
finement of thirty years.
a. d. 1098. Two years after this revolution in Northumberland, Edgar, the eldeft fur-

vivingfon of Malcolm Canemore, was, by the aid of the Englifh king, reftored
to the poffeffion of his father's throne. The character of Rufus gives fome
probability to what certain of the Englifh annalifts relate, that Edgar was
obliged to hold the Scottifh crown in vaffalage to the Englifh king. But how-
ever this was, it is certain, that Edgar Atheling * accompanied his nephew
into Scotland, with an army confifting of his own friends, and of forces re-
ceived from Rufus. This foreign aid from England, concurring with the
affection of the greater part of the nation to the fon of their late highly efteemed
and beloved fovereign Malcolm Canemore, made the reftoration of Edgar ex-
tremely eafy •, for Robert, the fon of Goodwin, a brave Englifh captain, with
two companions, having boldly charged and flain fome of the ftouteft of
Donald's men, who were advanced before the van of his army, all the reft of
Donald's forces betook themfelves to flight; and Edgar, without farther fhed-
ding of blood, was placed on the throne of his ancestors, which he held more
than nine years.
r«d. 1. 5. c 30. This revolution the monks of . St. Cuthbert afcribed to the favour of their
patron; for they relate, that as Edgar was on his march towards Scotland,
Cuthbert appeared to him in a vifion by night, promifing him the protection
of heaven, and directing him to receive his banner from the convenf at Dur-
ham, and to carry it before his army: affuring him, that if he did fo, by the
aid of the faint, his enemies would be diffipated, and fly before him. Edgar
having related his dream to his uncle, the orders of the faint were obeyed in
all points, and followed by the promifed fuccefs. Soon after, the young king,
in teftimony of his gratitude, made a prefent to the above-mentioned convent,
of the place and lands of Coldingham, together with feveral villages in its
ibid, c 34. neighbourhood -f. The ancient abbey, at the laft mentioned place, with its
Anderfo», Dip], church, was reftored; a colony of monks was fent thither from Durham : and
the priory of Coldingham continued, for feveral ages after, to depend as a cell
on that of Durham. Edgar aflifled in perfon at the dedication of the church of
Coldingham, which was confecrated to the bleffed Virgin ; and, on that occa-
fion, made to that church, and the monks of St. Cuthbert, a gift of fome addi-

* The Saxon Chronicle fays, that Edgar Atheling made his nephew king of Scotland, fub regit
Wilbclmi ditioxe. It alfo places this event in 1097, about the feaft of Michaelmas.
. f The Charter, together with the manfion of Coldingham, mentions the following manfions, viz.

And. Dipl, Aldcambus, Lumifden, Regnintun (Renton), Rifton, Svvinewde (Swinewood), Farndun (Farnyfide)

the two Eituns (Aitons), Prenagelt (Prendregeil), and Cramefmuthe. All thefe, with fmall varia-
tions in the fpelling, are the names of villages to this day fituated in the neighbourhood, except
Cramefmuthe. The author of the Index of Places, prefixed to Anderfon's Diplomata, thinks that
the traces of the name of Cramefmuthe appear in Cramefton and Crameknow, the names of places
near Dunfe. But it is not improbable that Cramefmuthe was adjacent to the other manfions, though
neither the place nor name now exifts.

2 tional

ENGLANDANDSCOTLAND. 73

tional lands in the Mers *. He alfj granted the fame privileges at a fanctuary ^f'J^V of
to Coldingham, in going, returning, and abiding, as were poffeifed by Holy ■ ' f

Ifland and Norham J ; and the annual penfion or" half a mark of filver to i:ie
monks of Coldingham, from every pi >ugh in Coldingrumfhire; to which tax AnJ.rron's
the poffeffors of thefe lands voluntarily fubmittcd, and became engaged to the D v'- 1J '-6»7«
king for paying it.

This pious and peaceable king is related to have given a farther teftimony of
his gratitude, by making a prelent to the bifhop of Durham of the town uf
Berwick and its appendages. Ranulph, or Ralph Flambard, who had fuc-
ceeded William de Carilef in the bifhoprick of Durham, was a very unworthy
reprefentative of the great Saint of Lindisferne : for being a principal favourite
of Rufus, his chief judiciary, and manager of his finances, he committed all
kinds of rapacity and extortion, to gratify the boundlefs avarice of his matter.
This man, regardlefs of the obligation conferred on him by Edgar, feized the
opportunity of the abfence of the latter, on a journey to Rufus's court; and,
by a hidden afiault of the barons, and men of his province, made pnfoner the
captain above-mentioned, who had fought fo bravely in the front of Edgar's
army. What offended the bilhop, was this captain's building a caftle on iome
lands which Edgar had given him near the border of the kingdoms §. Edgar,
informed of this outrage, complained to Rufus ; by whofe orders Robert was
releafed, and with honour reconducted by Edgar into Scotland. This king
alfo, juftly provoked at the bifhop's ingratitude, refumed into his own pofiel-
fion the valuable prefent he had made him of Berwick.

In the fecond year of the reign of Edgar, the life of the Englifh king, Wil- a. d. noo;
liam II. came to a hidden end, by an accidental wound from the arrow of one
of his knights, who accompanied him, while hunting in the New Forefl. His
younger brother, who was on the fpot, took advantage of the abfence of his
elder brother Robert, not yet returned from the firft crufade, and fruftrated
him, for the fecond time, of his claim by primogeniture to the crown of Eng-
land. And among other expedients, by which he fought to ingratiate himfelf
with his Englifh fubjects, he took to wife, about three months after he afcended
the throne, Maud, the eldeit daughter of Malcolm Canemore ; defcended, by
her mother Margaret, from the ancient race of Englifh kings, and, at that
time, refiding in the monaftery of Winchefter. This near alliance of Edgar
with the Englifh king, the pacific temper of the former, and the direction of
the ambition of the latter to the conqueft of Normandy, from his brother, all
confpired to preferve peace with England, during Edgar's reign j which con-
tinued nine years and three months.

* Thefe were the lands of Swinton, as they had been pofTefled by Liulf, together with twenty-four
beads for tilling them anew. By two other charters, he grants to the fame monks of St. Cuthbert,
Paxton and Fifhwick ; and particularly the lands adjacent to the latter, fituated between Hoverdene
(Horndean), and Knapadene (Knapdean, ftill fo called). Smith's Edition of Bede, Appendix,
No. 20.

X The peace granted to thofe, who fled for proteftiox to the body of St. Cuthbert, was thirty-feven
days. Whart. Ang. Sac. vol. i. p. 699.

§ This calUe, according to Fordun, was in Lodonia.

L Edgar,

THE BORDER-HISTORY OF
Henry t. Edgar, dyinp- without ifllie, was fuccceded by his brother Alexander,

K. of England

Aieicandrr i. ' firnamed the Fierce *•, vvho, notwithstanding his alpiring, bold, and impetu
K.ofSmtiand. ous fpj r jt, by which he acquired the defignation of Fierce, did alfo live in
a. d.'Tio^ peace with his brother-in-law Henry. I. The union of thefe princes was farther
Sim. Don. cemented by Alexander's marrying Sybilla, one of Henry's natural daughters.

Henry, although he had taken his brother Robert, in the battle of Tinche-
brai, and confined him to a perpetual pnfon in Wales, did not, for many
1106. years after, obtain the quiet polTeffion of Normandy, having a tedious war to

wage againft the king of France, and fome potent French lords, who were
jealous of Henry's greatnefs, and affifted William the fori of Robert in oon-
. , ' 11, tending for his father's dominions. Three years before the death of Alex-

P » +J . ander, the caftle of Norham began to be built by Ralph Flam-bard, bifhop of

chron. Ma.lr. Durham. This prelate having been one of the moll hated inftruments of
Ford. 1. 5 c. 49, Rufus's tyranny, Henry, upon his accefiion to the throne, committed him to
prifon. But he foon made his efcape into Normandy, where he infinuated
himfelf into high favour and confidence with duke Robert. This influence
he employed to excite the duke to invade England ; and accompanied him in
the expedition. By the agreement which loon compofed the llrife between
the brothers, care was taken to indemnify thofe who had aided or accompanied
Robert ; in confequence of which, Ralph was reftored to the poffeiTion of his
fee, and held it to his death, which happened about twenty-feven years after.
But although he was at great pains to gain the royal favour, and opprefTed
the inhabitants of his diocefe, by exacting money to be laid out in prefencs
to Henry, and the chief perfons of his court; yet he could never acquire
much intereft there. Hence he was not able to prevent the difmembering of
his diocefe, which was tlripped of that part of it which had formerly belonged
"Wharton's Ang. to the fee of Hexham. What was taken from Durham, was fhared between
Ski. p. 699. the diocefes qf York and Glafgow, the latter of which, by the procurement
of David, the brother of the king of Scotland, was erected at that time.
But in adminiftering of what was left to him, Ralph difplayed the fame au-
thority, boldnefs, and ambition, which he had before exerted in a more ex-
alted fphere. One of the proofs of which, was his building the ftrong for-
trefs already mentioned, for the defence of the molt northern and advanced
parts of St. Cuthbert's territory againft the depredations of the Scots.

Alexander king of Scotland dying without children, was fucceeded by his
brother David. This prince is the great hero of the monks ; who have en-
deavoured, by unbounded praifes, to repay his unbounded liberality to their
orders : but they have bellowed their praifes on few, who to their merits toward
them have joined lb many folid virtues. Soon after his afcending the throne,

• Alexander clericis et monacbis fatis humilis et amabilis era/, cateris /ubditorum Jvpra nudum
terrihilis, homo magni cordis, ultra vires J'uas ft in omnibus extenders], omnibus ad<venientibus

fupra -vires liberalijjimus . Ailr. Rieval.

Alexander confirmed to St. Cuthbert and his monks, all that they pofleffed in Scotland in the
time of his brother Edgar. In his general grant, he makes particular mention of the lands
between Horndean and Knapdean. He alfo renews, by a fpecial charter, the donation of the
lands of Swinton ; and forbids the prior and monks of Durham, to anfwer in any plea, relating
*o thefe. lands, unlefs in his prefence or by his orders. Smith's App. to Bede. No. 20,

A. D. si»4.

ENGLAND AND SCOTLAND.

Sim, Duj%.

he was vifited by John, Cardinal of Crima, Legate of Pope Honorius, who r DavM i.
was probably the firft who entered Scotland inverted with this commiffion; as ^' utScot ' J "^
he was the firft who was allowed to exercife it freely in England. This prelate,
after making a progrefs through England, on the bufmeis of his legation,
came to the Scottifh king at Roxburgh *. His chief errand in Scotland, as
appeals from the Pope's letter brought by him to David, was to inquire into
the controverfy that had been long agitated between the archbifhop of York
and the Scottifh bifhops, relating to the claim of primacy made by the arch-
bifhop over the Scottifh church, and his right of ordaining the bifhops of
Scotland, when there was no archbifhop : which claim the Scottifh clergy
oppofed, as being unfupported either by any juft title, or by ancient cuilom.
The pope requefted David to call together his bifhops to meet in council with
the legate, for the examination of this queftion-, and probably fuch a council
was held at Roxburgh, although no account remains of its acts. Only ic
feems to have been in confequence of thefe, that, in the following year,
Robert, who had been elected bifhop of St. Andrews in the reign of Alex-
ander, and whofe confecration had been deferred by reafon of the above-
mentioned controverfy, did receive confecration at York from the archbifhop
of that fee, affifted by Ralph bifhop of Durham, and the bifhop of the
Orkneys ; but he was confecrated, without making any profeffion of fubjec- nor'."?™,
tion or obedience to the fee of York. p. 663.

After Michaelmas in this year, David went to the court of England, where
he continued feveral months, and with the reft of Henry's great vaffals, fwore
fealty to the Emprefs Maud, as the heir of her father to the throne of Eng-
land. David feems to have been attended in his return to his own kingdom, Chart.'
by Thurftin archbifhop of York, Ralph bifhop of Durham, and Algar prior BTd^T.* *
of St. Cuthbert's convent in the laft mentioned city. For thefe were with
David at Roxburgh in the month of July ; and it was in compliance with
the advice and requeft of the king, of the two prelates juft named, and John
bifhop of Glafgow, and in the prefence of them all and many others, that
Robert bifhop of St. Andrews did deliver, before the door of the church of
St. John the Evangelift in Roxburgh, a charter of liberties to the church of
Coldingham, and to all other churches and chapels that fhould henceforth
canonically belong to the church of St. Cuthbert. By this charter, thefe
churches were declared free from all claims, payments, and fervices f, on the
part of the bifhop or his fuccefTors, fo as in thefe refpects to be more free than
any other churches in Lothoneium ; and no bifhop, archdeacon, or deacon,

• Simeon of Durham defcribes Roxburgh by its fituation on the Tweed ; which river, fays he.
divides Northumberland and 1 oida. This fhews the extent fouthwards of the Loida, Lodonia or

Lacdonia of thofe times pervenit (legatu$) apud fluvium Tuedam qui Northumbrian et Loidam

dctcrminat, in loco qui Rocbefuurcb -vacatur. The legale, after his return to England, hdd a
council at London ; in which council, having declaimed againlt the profanation of a prieft riling
from the fide of an harlot to make the body of Cbriji, he himfelf was found, the following night,
in bed with an harlot.

f Ah omni calumnia, confuetudint it Cana et Cunivetba. Skene de Verb. Sign, obferves,
that Cana denotes certain rates or adelTments paid out of lands or other pofleffions ; efpecially to
churchmen. The word is Ail! ufed in Scotland, in the phrafe of Cane-fowls, &c.

L 2 was

A. D. it»&,

1127.

THE BORDER- HISTORY OF

Henry i. was henceforth to exa£t from them any cuftoms or aids more than they freely

K.of England. , r •

choie to give.

The country of the Scottifh borders towards England having been part of
the appenage of David *, during his brother Alexander's reign, the quiet
which that country enjoyed -f, and the cultivation which its natural advan-
tages probably began to receive, during a long and cordial peace with Eng-
land, were circumftances that feem to have engaged David to make choice of
Roxburgh for a place of refidence, and to render it, by ftrong fortifications, one of
the bulwarks of his kingdom. During his brother Alexander's reign, David
had brought over from Tirone in France, certain monks of a reformed order
lately founded by J Bernard d' Abbeville, in high reputation for feverity and

fancfity,

* The pofieffions of David during his brother Alexander's life, may be in a good meafure
learned from the grants made by the former, in his charter to the abbey he founded at Selkirk.
There were lands in Selkirk itfelf, and in the adjacent places of Middleham, Bowden (Bothen-
dean), and Halidon (Aldon), alfo his Lordfhip of Mailros ; fome land and a houfe in Sprowfton,
forty fhillings yearly cut of the revenues of Roxburgh, with a houfc and the feventh part of a
mill; and in Berwick a plow-gate of land, and a houfe below the church extending to the Tweed,
the half of a fifhing and feventh part of a mill, and forty {hillings out of the yearly revenue of the
town. The other article of grants in Scotland, which have relation to any particular place, is a
tenth of the cane-cheefes paid out of Gallo.vay. From thefe grants it is evident that David's
pofieflions, in the time of his brother Alexander, and while his own title was that of earl of
Huntingdon, extended from eafl to well, all along the border towards England. Sir J. Dalrymple's
Coll. App. No. I, Ethelred or Ailred, abbot of Rievalle, in his hiltory of the battle of the
Standard, reprefents Robert de Brus as telling David, that by the terror of the Normans, that is,
Henry I. and his nobles, who were David's friends, he had obtained without blood from his brother
Alexander, the poffeflion of that portion of his kingdom which kin^ Edgar his brother, yea, to
David more than a brother, had bequeathed to him (morieus dekga-vit). Dec. Scr. Sir J.
Dalr. Coll. p. 197. The confirmatory charter, granted to the convent of Kelfo by Malcolm IV.
David's grandlon, in 11 59, mention decimam animaliutn et porcorum et cafeorum de Chan de quatuor
Had re it de ilia Gahvica quant, •vivei/te rege Alexandra, a<vus mcus habuit, per uvnmqitemjue
annum. In the fame charter are Contained many additional donations. What this monadery had
then in Berwick, were a plow-gate of land, (carrucata terree) a houfe belonging to that plow-gate
rear the church of St. Laurence, and another houle within the burgh, forty fhillings yearly of the
cuftoms of the fame town, half of a fifhing called Berwick Stream, a feventh part of the mills, the
land of Dodin in the fame town, and the land of Waltheve the fon of Ernobold. Malcolm alfo
confirms to them the church of St. Laurence, which had been given them by -Robert the fon of
William. Anderfon's Dipldmata, No. 25. The original of this charter of king Malcolm, is now
in the Duke of Roxburgh's archives.

■f It is probr.ble, that the wars between the neighbouring nations, during the reigns of the Con-
queror and his fon Rums, arid thofe of Malcolm Canerhore and his brother Donald, had laid wade
much of the country on the marches. It appears from the Coldingham charters, that in the reign
of Edgar, Swinton and Ednam, fituated in parts of the Mers and Roxburghlhire, remarkable for
natural goodnefs of foil, were in a wade and defolate Hate. Append, to Bede, p 760, 763.

% Bernard, the founder of this order, was a difciple of Robert d'ArbrilTel founder of the order of
Fontevraud, which, by a conditution almoft peculiar to itfelf, confided of both monks and nuns,
and had an abbefs to govern the whole fociety. Bernard fouhded the monallery of Tirone, from
which his difciples derived their name, in the year 1 109. David is faid to have entertained fo high
a veneration for this holy man, that he went over to France to vifit him ; but the abbot being dead
before the prir.ee arrived, David brought over with him twelve more of bis monks ai:d an abbot.
The habit of thefe monks was a light gray ; afterwards changed to black. Stevens Monad.
vol. ii. p. 257. Fordun feems to fay, that thefe monks came to Selkirk in 1109. But Simeon
of Durham fays, they came thither in 1113, and remained there fifteen years. Fordun fays, that
Ralph, one of the monks brought over from France, was' the "firft abbot of Selkirk, and that he

returned

K. -f Scotland.

Chr. Mall,

ENGLAND AND SCOTLAND. 77

fancYity, and fettled them in an abbey at Selkirk; aligning them an ample P«MJ.
provifion of lands and revenues, and conferring on the abbot the dignity of
his chaplain. Thefe monks, foon after his acceffion to the throne, by the
advice of John bilhop of Glafgow, and his religious nobles, he removed to
Roxburgh, a fuuation far more pleafant and commodious ; and on the 2d of
May 1 128, he founded for them a magnificent church at Kelfo, dedicated to
the Virgin Mary and St. John the Evangelifc *. He made alfo great addi-
tions to the former endowments of this monaftery, and procured for it from
the biihop of St. Andrews, within whofe diocefe Kelfo then lay, though af-
terwards it belonged to the fee of Glafgow, an ample grant of immunity from
tolls and fervices, with leave to the abbot and monks to receive ordination,
and the other facraments of the church, from any bifhop they pleated in
Scotia or Cumbria f.

The application given by David to the works of devotion and arts of peace,
was difturbed both by inteftine commotions in his own kingdom, and by a
war in which he became engaged with England. Two years after the founda-
tion of Kelfo abbey, there was an infurredtion in Murray, which was quelled
by the (laughter of Angus earl of that province and his followers. Some time
after, David's arms were no lefs fuccefsful againft Malcolm Macbeth, who
falfely pretended to be the fon of Angus ; and being taken, was imprilbned a. D; J134.
in the tower of Roxburgh J. But thefe were little affairs, when compared to Ford ' '• i-^'-

returned to his own country to fucceed Eernard iiift: abbot of Tirone, who died in 1115 ; and that*
Ralph dying foon after, was fucceeded at Tirone by William, who had been formerly fucceflbr to
him as abbot of Selkirk. Herbert fucceeded William at Selkirk ; and was the third abbot of
Selkirk and firft of Kelfo ; the monaftery being tranfla:ed to Kelfo by David in 11 26, and the
church founded two years afcer the tranflation. So Ford* 1. 5. c. 36. Perhaps David, in import-
ing this colony of French monks, confulted the advancement of the aits as well as of religion,
among his rude fubjecls. For Bernard the founder of this order would have all forts of handicrafts
pracYiled in his monaftery ; as well to banifh idlenefs the moiher of ad vices, as to procure necef-
faries for the fupportof life. Accordingly, there were painters, carvers, piner?, fmichs, raafQns,
vine-dreflers, and hufbundmen, who weie under the command of an elder ; and what they earned
was put into the common (lock, for the maintenance of the rel gious men. Steven-; frorri
Hift. des Ord. Monait. vol. vi. p. 11;. There were five other religious houfes in Scotland of
this order ot Tirone ; Lifmaiiago, Kilwinning, Aberbrothick, Fyvie, and Lindores. The three
fi'ftand the 1 all of them weie planted with monks from Kelfo, and they were all vqry .con fid era ble:
the fourth was a cell of Aberbrothick : Lefmahago and Kilwinning were founded in the time 0/
David ; the former by the king himfelf, the latter by Marville his conftable ; both in the year
1 140. Spotfw. Relig. Houfes,

* Thefe were the protectors whom Robert d'ArbrilTel chofe for hi": nuns and monks, being led
to make this connexion by our Saviour's dying woids to his mother and the beljved dilciple, John
xix. 26, 27 and, in honour of the blelTed Virgin, (ubjedted both his monks and nuns to the go-
vernment of an abbefs. Steven 1 , vol. ii. p. 249.

f The mention ma le of a biihop or biftiops in Cumbria, in the authentic deed from which this
account is taken, feems to lavour the opinion that there was an ancient kingdom of the Britons,
called Cambria or Cumbria, in the weftern parts of Scoland. David was certainly at this time. not
pollened of the county of Cumberland in England, and there was no bill. op at Carlifle till live
years after, A. D. 1133; fo that the only biihop that could be here m ant was the biihop of
Glafgow, the whole, or fome confiderable part of whole diocefe, leems to have been comprehend-
ed in the Cumbria here mentioned. Innes's Crit. EiTay, vol. i. p. 33. Apr. to Sir J. Dalr. Hill.
Coll. No. 1.

X In the fame year, the church of St. James at Roxburgh was dedicated 17th of April. Chr.

Mailr. On part of the fcite of the ancient Roxburgh, a fair is ftill held, called St. James's Fair.

6 the

75 THE BORDER- HI STORY OF

Stephen the- war with England, which arofe on the death of David's brother-in-law

K. of England. n _ °

- _ ■ henry 1.
a. d. 1135. Henry having loft (in 1 120) by a miferable fhipwreck, his only fon William,
born to him of David's lifter, and having no iflue by a iecond wife, reiblved
to fettle the fucceffion to his crown on his daughter Maud, his only remaining
legitimate child. She had been married to the emperor Henry V. and ac-
qu red by that marriage the title of Emprefs : but having born children to the
a. D. 11 jj. emperor, (lie returned, after his death, to her father's court. In order to
fecure her ruccefiion to his throne, Henry, as was above related, required
and obtained an oath from all his barons ; foon after which, he gave her in
marriage to Geoffry Plantagenet, fon of Fulk Count of Anjou. The oath
jult mentioned was renewed three years after her marriage -, and again, on the
a. D. 1133. birth of her eldeft fon, when it was taken to the Emprefs and the heirs of her
body. Bur, notwithstanding theie precautions, Stephen, count of Boulogne,
■nephew to the late king by his filter Adela, availing himfelf of his own near-
nei's to England, the abfence of Maud from it, and of the powerful intereft
which himielf and his brother the bithop of Winchefter had in that kingdom,
did, in breach of his repeated oaths, feize the vacant throne, and was crown-
ed king of England three weeks after Henry's death. David king of Scot-
s " land was filled with indignation at Stephen's proceedings, and revering his
oath, and being determined to fupport the rights of his niece, did immediate-
ly, on receiving intelligence of Stephen's ufurpation, enter the parts of Eng-
land neareft to him; where having leized the chief places of ftrength, he ob-
liged the principal inhabitants to fwear fidelity to the Emprefs as their queen,
Ric Hag. and to give hoftages for infuring it. The places he took were Carlifle, Wark *,
ch^on* Maiir Alnwik, Norham, and Newcaftle. Thele, together with Bamburgh, which he
was not able to reduce, were the chief fortrefles near the northern frontier of
A. d. 1136. England. He propofed alfo to have taken Durham •, but Stephen coining
.thither in the beginning of February with a great army, put a flop to David's
farther progrefs. Stephen continuing fifteen days at Durham, while David's
head-quarters were at Newcaftle, a treaty was concluded between them. By
this it was agreed, that Henry, David's fon, (hould fwear that fealty to Stephen
■which David himfelf refufed, as being inconfiftent with the oath he had taken
to the Emprefs. David alfo agreed to reftore the places he had feized in Nor-
thumberland, with the hoftages ; while Stephen yielded to Henry the city of
Carlifle, and alfo Doncafter -j-, with the dependencies of both, as an addition
to his father's earldom of Huntingdon, the right of David to which earldom
was alfo ratified. Stephen farther engaged, that if he (hould refolve to confer on
any perfon the earldom of Northumberland, he would caufe the claim derived

• Carrum, which the Englifti, fays Richard of Hexham, call Werlc.

•J- Doncafter is mentioned by John and Richard of Hexham: but Lord Lyttelton prefers Hun-
tingdon's account, who only mentions Carlifle. Yet it would feem that the credit of thofe abboti.
of Hexham is better than that of Huntingdon, for they were cotemporaries as well as he, and their
accounts of David's affairs are far more particular than Huntingdon's. Lyt. i. 506.

ENGLAND AND SCOTLAND.

David I.
K. of Scotland.

by Henry from his mother *, to be heard and fairly tried before his own
Judges. Henry, in quality of a principal vaffal of Stephen, attended his court
at the enfuing feaft of Eafter ; where he was entertained with much kindnefs,
and placed at table on the king's right hand. But this preference gave lb much
offence to the archbithop of Canterbury and others of the Englifh nobles, that
they could not forbear infulting Henry in the king's prefen^e; in refentment J«*nHa S .
of which behaviour, David would not fuffer his fon, though frequently fum-
moned, to return any more to Stephen's court.

In this fame year, David, ftill intent on his favourite works of piety, and
on civilizing and adorning that part of his dominions, where he feems ufually
to have refided, founded the new monaftery of Mailros f ; for which he
chofe a fituation about a mile farther up the river Tweed than that of the
ancient one, which had for a long time been deferted and delblate. He built
this new fabric with great magnificence, endowed it with ample poiTeffions,
and planted it with a colony of monks of the Ciftertian order, which he brought
from Rievalle, an abbey of thefe monks in Yorkfhire, that had been founded
only four years before ;£. This order was at that time of about forty years
Handing in France, and was raifed to high reputation by the great talents and
zeal of Bernard abbot of CJairvaux; who was David's cotemporary, and is
faid to have founded 1 60 houfes of Ciftertian monks. The habit of thefe
monks was white ; they honoured the bleiTed Virgin as their peculiar patroneis,
and their inftitutes revived all the aufterities of the ancient rule of Benedict ;
which, being for a while ftrictly obferved, gained them great veneration.
The firft abbot of Mailros, after its reftoration, was Richard, who died at

A. D. 11360

Chron. Mail,-.
John Hag.
c. S57.

• David received in marriage from Henry I. of England his brother-in-law, Maud the eldeft
daughter of the celebrated Waltheof earl of Northumberland, by Judith, the Conqueror's niece.
Maud had been married before to Simon St. Liz, to whom the Conqueror had given the earldom
of Northampton, having taken it from Judith, Waltheof's widow, as a punifhment of her
refufing, at his defire, to marry the abovementioned Simon, becaufe he was lame of one of his
legs. But Simon, though reje&ed by the mother, obtained in marriage her eldeft daughter; and
received with her the earldom of Huntingdon, which the king had alfo taken from Judith. The
earldom of Northampton defcended to Simon's eldeft fon of the fame name ; bjt David, on marry-
ing Maud, received with her from Henry the earldom of Huntingdon ; and this earldom was now
delivered by Stephen to Henry, David's fon, who fwore fealty for it to Stephen at York. Ingulph.
fol. 1;. Brompton, Dugdale's Peerage, vol. i. p. 58.

f This date is recoided in an old monkilh rhyme.

Anno milleno centeno ter quoque deno,

Et/exto Cbrijli Metros fundata fuijli. Ford. 1. ;. c. 43,

The church of this convent having been ten years in building, was dedicated to St. Mary
28th July 1146. Chron. Miilr.

% Walter Efpec, a great Englifh Baron, had received thefe monks from St. Bernard, and
placed them jo a defart called Bkckoumor, on the fide of the Rie, whence their monaftery was.
called Rievaula, Joh. Hag. Ailr. Abb. Riev. c. 338. Dec. Scr. Rie is a river in the North
Riding of Yorkfhire, running into the Derwent. The valley through which it runs, near its
fource, is ca'led Riedale. The ab_>ey of Rievalle flood near Helmfley, almoft north from York.
There ftill remain fine ruins of it.

The (liort Chronicle of ancient Scouifh kings, publifhed by Father Innes in his Appendix, No. 4.
fays, that David was fond of the church oi Mailros more than of all his other pious ereftions ;
taking it under his particular protection, and adorning it with rich donatives. MelroJJinfem pracipxt
inter smius e<cUfius ttfdeliter defen/abat et dukiter diUgebat. Inn, p. 794, 606.

Sr..

So THE BORDER- HISTORY OF

„ Steven, s t> Eernard's abbey of Claifvaux, being efteemed by many a faint. His
."" _" £ '" n '• fucceffor was Waltheve, the fon of David's queen, by her firit hufband Simon
St. Liz ; whofe reputation of fandity was lb high, that he was canonized after
his death.

The magnificent erections David was making in places fo near the march
with England, did probably render him more earneft to make good the claim
which his fon Henry had, by his mother, to the earldom of Northumberland.
There was no probability of obtaining this from Stephen in the way which
this king, only with a view to amufe, had propofed. Wherefore, David
feizing the opportunity of the * abfence of Stephen, who had palled over to
Normandy in the beginning of Lent, aiTembled after Eaiter his forces, to in-
vade Northumberland. But a great number of the Englifh earls and barons
led their men to Newcaftle, for the defence of their country, and Thurftin,
archbiihop of York, then very old, coming to -f- Roxburgh, to confer with
David and his fon Henry, periuaded them to agree to a truce, until Stephen's
return from Normandy. On the arrival of Stephen in England, in the month
of December following, David lent ambailadors to him, demanding the fur-
render of Northumberland to his fon Henry, which Stephen having refufed,
war immediately enfued.
lohnH Cont. David having refolved to lofe no time in profecming the reduction of Nor-
sim. Dun. tliumberland, to which he was encouraged by the hope of an insurrection, and
Hag! Geft! C Re 5 . trie intelligence he had in that province with the friends of Maud ; and
step, and Bei. availing himfelf of the winter feafon, of his own vicinity to the fcene of
sund. c. 315. a £j on ^ and Stephen's great diftance from it, fent his nephew, William, the
fon of Duncan, once king of Scots, with part of his army againft the caftle
a. D. 113?. of Wark. This place being but a few miles diftant from Roxburgh, Wil-
liam fuddenly inverted it, in a morning before the dawn J. David and his
Baiiftis'et'afiis fon foon followed with more numerous forces, together with the engines em-
machinis, Ric pi y e d, in thofe days, in fieges ; and with great vigour carried on their ap-
jolfnHag. proaches and afiaults for three weeks. But a defence no lefs vigorous was
e. 261. made by the garrifon, under the command of Jordan de Buffis, the nephew of

Walter d'Efpec §, who was then lord of Wark. The befiegers were in all

their

* Ordericus Vitalis relates, that in Stephen's abfence a plot was laid by the Englifh to maffecre
all the Normans in England, and to deliver the kingdom to David king of Scotland, who was the
neareft heir of the Saxon line. But no other ancient writer mentions this plot; nor doth it
appear from the ftory told by Ordericu?, that the king of Scotland was privy to this defign.
Order. Vit. 1. 13. p. 912. Lyt, 1. 507.

•f- To the caftle of IVTaichmont. viz. Roxburgh. Ford. I. 5. c. 42.

j Richard fays, antducanis injidiis invafit cafte'lum quod Carrum dicitur.

§ Walter d'Efpec had grept eftates in Yorkfliire, and was the founder of the abbey of Rievalle;
to which latter circumllance may be afcribed the particular defcription and encomium of Walter,
given by Ethelred or Ailred, fecond abbot of Rievalle, an elegant and fpirited writer, in his hiftory
of the battle of the Standard. Walter d'Efpec is there reprefented as a perfon of thefirft eminence
and elleem in the Englifh army, and as haranguing them before the battle, from the carriage in
which the famous Standard was erefted. Part of Ailred's account of him is in the following words :
Vir fenex et plenus dierum, acer ingenio, in canjiliis prudent, in bellv amicitiamfociis, ftdem fernper
regibus fervans. Erat ti flatura ingens, membra omnia tanta: magnititdinis, tit nee medum excedt-
rtnt, et tanta proteritati congruerent. Capilli nigri, barba prclixa, front patens et libera, oculi

grandes

ENGLAND AND SCO TLA NTJ. St

their attacks bravely repelled, the king's ftandard-bearer and many of his D **! d J-

foldiers flain, and a much greater number of them wounded. David obliged « — ^ '>

by this refiftance to raife the fiege, having fent his nephew William before him, "!«.
and following fpeedily with the reft of his army, entered Northumberland on aSS. Be!.' stand."
its weftern border-, and his army*, whereof a great part was undifciplined and c. jig.Ord.vu.
barbarous, ravaged and defolated with the fierceft cruelty mod of the inland
parts of the province, as far as the Tyne. To oppofe thefe invaders, Stephen,
at the head of a numerous army of horfe and foot, arrived at Wark about
Candlemas-, and David hearing of his approach, abandoned Northumberland,
in order to defend his own territories. The Scottifh king declining to en-
counter Stephen in the field, hoped to prevail againft him by drawing him
into a fnare. With this view, he retired with his army to a place not far from
Roxburgh, environed by a great pool or marfh, and only acceffible by one
narrow pafTage. At the fame time, he gave directions to the garrilbn of Rox-
burgh to give up the place to Stephen, immediately on his appearing before it •,
and to gain his confidence by a (how of joy and affection. Hoping that
Stephen would in this manner be rendered fecure, he purpoled to come upon
him by night, and with the concurrence of the townfmen and of fome of
Stephen's own nobles, with whom David fecretly correfponded, he made no
doubt of deftroying at once the Engliffi king and all who ftood in his defence.
Stephen having difcovered this plot, came not to Roxburgh, but, after having
burnt and ravaged fome part of the Scottifh territories on the eaftern border,
returned haftily to England -f- . Euftace Fitz John, a powerful baron, who
held the caftle of Bamburgh, together with thole of Alnwick and of Malton
in Yorkfhire, and who had at this time fallen under Stephen's fufpicion or
difpleafure, was compelled to deliver up to him the firft mentioned of thefe
fortreffes.

David encouraged by Stephen's retreat, and afting now in concert with the L t Hen u
earl of Gloucefter, who had openly revolted againft Stephen, did again enter i. ig 7 . joh.i
Northumberland after Eafter; and laid wade that part of the province which " u 3 ^°^' I 3im '
lies towards thefea-coaft, and had efcaped the ravages of the preceding winter. *«*. Ric Hag.
He committed the like depredations in the eaftern part of the county of Dur- '' 3 ' 7, 3 ' 8,
ham •, and was not far from that city, when a (edition arifing in his army
about a woman, and alfo a fudden panic, from the rumour of the approach of
enemies, he returned with precipitation towards his own kingdom-, but (top-
ping on the frontier, he laid fiege to the caftle of Norham. This caftle had a
good wall, a very ftrong tower, and abundance of provifions ; and for a while
the garrilbn made a gallant defence. But the foldiers in it being few in

grandes et per/picaces, fades amplijfima, trafticia tamen, 'vox tuba Jimilis, faeundicun qua tl
Jacilis erat, quadam foni majefi ate component. Dec. Scr. c. 337, 33 S.

* IjSe nefandus exercitus, fays Ric. Hag. confided de Normannii, Germanis, Anglis, de Northym-
branis et Cumbris de Tefivetadala et Lodonea, de Pitlis qui <vulgo Galleivecenfes dicuntur, et Scottis,
C. 316.

f Befides Stephen's fufpicion of his barons, Richard of Hexham gives as reafons of his hafty
return, the refufal of many of his own foldiers to wage war in the time of Lent ; the Scots declin-
ing a battle; and a great fcarcity of provifions in the Engliih army. Ric. Hag. c. 317.

M number,

82 THE BORDER- HISTORY OF

k ofEn™InJ num t>er *, unexperienced in fieges, and without hopes of fuccour from their
u _ - .- _,' bifhop-, fome of them alfo being wounded: they furrendered the place fooner,
"3 s - as was thought, than necelTity required, and were fuffered to retire to Dur-
ham. David then propoled to the bifhop -f, that he fhould abandon Stephen,
and fwear fealty to the Emprefs ; offering, on thefe terms, to reltore to him
his caftle, and repair the damages he had done him by the fiege. But the
bifliop refufing the conditions, David caufed his town and fortrefs to be
deftroyed.

While David befieged Norham, he fent part of his army on an expedition
into Yoi kfhire, under the command of his courageous nephew William J •,
June 91b. who, penetrating through the weftern parts of that province, defeated an
army of Englifh at Clitherovv on the borders of Weftmoreland. During the
fiege of Norham, the garrifon of Wark feized iome carriages laden with pro-
vifions, in their way to the Scottith army, and carried them, together with
their conductors, into the caftle. The fame garrifon had alio fallied forth on
prince Henry and a party attending him > feveral of whom they killed,
wounded, or made prifoners. David incenfed by thefe affronts, and defirous
to free himfelf from fo offenfive a neighbourhood, renewed his fiege of Wark,
after he had demolifhed Norham : but though he carried on his attacks with
the utmoft vigour, employing in them all his engines, his fuccefs was no better
than it had been in the preceding winter-, and the lofs he fuftained of men,
Ric.Hag. c. 319. killed and wounded, was very confiderable. So fierce and obftinate a re-
fiftance determined him to convert the fiege into a blockade ; the care of
which he committed to two of his thanes § or barons-, and fet out himfelf,
in the beginning of harveit, on a new expedition into Yorkshire.

In this expedition, David was openly joined by Euftace Fitz John, ** lord
of Alnwick, and all his dependents. It is probable that Fitz John's hope or
defire of recovering his caftle of Bamburgh, was the caufe of the Scottifh
army marching firft towards that place. But, inftead of gaining the caftle,
they were only able to force a wall that had been lately built before it ;

* Richard of Hexham fays, there were only nine knights in the caftle ; who, after it was
taken, retired to Dm bam, with their men {eumfuis),

f The bifhop of Durham at that time was Geoflry firnamed the Red, who had been Chancellor
to king Henry I. and after the fee had been vacant five years was eletted to it, and confecrated at
York bv archbifhop Thurllin Augu(l6, 1133. Sim. Dun. Contin. c. 62. Whan. Ang. Sac.

X Willielmum ftlium Duncan nepotem fuum, — ad Eboractnfem feyram tranfmifit, Thefe are the
words of Ric. Hag. Lord Lyttelton, by inattention, calls once and again William, the fan of
his (David's) nephew Duncan.

§ Duobus tegnionibns, id eft, barcnibus. Ric. Hlg.

,# Richard of Hexham calls the caille of Alnwick munitijpmum cajlellum. The abbot of Rie-
valle fays, that this Euftace was a wife ftatefman, and in great favour with the late king Henry ;
but had abandoned Stephen, becaufe, being contrary to the manner of his country, feized by that
prince while attending h's court, he was compelled to reftore the caflles which Henry had commit-
ted to him ; to be avenged of which injury, he had openly joined Stephen's enemies. Ethelr.
Riev. p. 343. Euftace Fitz-John had acquired the baronies and caftles of Alnwick and Malton,
by marrying Beatrix the daughter of Ivo de Vefey, who was a Norman knight that accompanied
the Conqueror to England, and received from him the above named polieifions, together with the
daughter of William Tyfon, who had formerly held them. Dugd. Monaft. Angl. vol. ii. p. 591.

and

ENGLAND AND SCOTLAND.

David I.
of Scot] ind.

£nrl which they were provoked to attack by the petulant fpeeches of cer-
tain young men within it, of whom almotf. a hundred were killed. Having ,

deftroyed the corn in the neighbourhood of the cattle, and afterwards njs.
in the other places through which they marched, they advanced into the
county of Durham, and were joined there by the men of Galloway, Cumber-
land, and Carlifle. By thefe additions, the Scottifh army was augmented to
more than 26,000, and David, at the head of it, purfued his march into York- Au ° uft " r
fhire : but being met near North Allerton by a much fmaller number, con-
fiding chiefly of the nobles and men of the province, animated to the defence
of their country by Thurftin their aged archbifhop, the invading army was
totally routed *, with great (laughter, and David compelled to retreat to
Carlifle j where, on the third day after, his fon prince Heary, narrowly eliap-

Mon. Angl

2. 193. i- u5,

Gem:i;t, iqi?.

* This is the battle fo much celebrated by the old Englifh liiflorians, under the name of Be.'lum
Standard! , The mail of a (hip, having on its top a crofs, wherein was the confecrat;d hoit in a
iilver pix, and the banners of St. Peer. St. John of Beverly, and St. Wilfrid of Rippon, waving
below it, was creeled on the beam of a vail chariot. Around this Standaid, and fame of then
upon the carriage on which it flood, were placed the more aged of the Englifh Barons and with
thefe Roger de Moabrai, the in'ant earl of Northumberland. Roger was the fon of Negel de
Albinei, who at the battle of Tinchebrai in Normandy took duke Robert pnfoner; for which and JS ' '"""^
other great fervice , king Henry rewarded him by a gift of the lands of Robert de Moubrai earl
of Northumberland, which had been forfeited on account of Moubrai's rebellion ajainll William
Rufes, as was above related. His prefence drew around him all his valTals («), who made no in-
considerable part of the Englifh army. Immediately before the battle, Ra'ph bilhop of the Orkneys,
deputed by the aged and infirm Thurftin, having affured the army that by fighting bravely they
would purchafe the remirhon of their fins; did, on receiving from them expreflions of contrition,
actually pronounce their abfolution, joining to it his benediction. At the fame time, the prielts
in their white veflments, carrying crotTes and relics, went among the ranks, encouraging the
follicrs by their exhortations and prayers. Thefe pious arts were accompanied with a wife ar-
rangement of the Englifh warriors, adapted to fuftain and repel the firfl fierce onfet of their
enemies, The abbot of Rievalle relates, that David was hindered from making the difpofition he
intended by the obltinacy of the Galloway-men, who claimed it as their right to fight in the van ;
a llation which David and his bell officers perceived they were not fit for, on account of their
wanting heavy armour, fuch as was borne by thofe who flood in the fiill rank of the Englifh army.
The king, however, fearing fedition at a time when it might have proved fo fatal, was obliged to
grant the Galwejians their requeft. The next line was commanded by prince Henry, con filling,
as Ailred fays, of knights and archers, or, according to Huntingdon, of Englifh and Norman
horfem-n, who belonged to his father's houfehold (b), and with them the men of Cumberland and
Tiviotdale. In this divifion was alfo Euflace Fitz-John. The third line confided of the Laodonians
with the lflanders and Lavernans (c) The king had in his own line the Scots and Murray-men,
and for his body guard a band of Englifh and French knights. Robert Brus and Bernard Baliol,
both of whom, belides the great eflates they poflefied in England, did alfo hold lands of the Scottifh
Icing, went to him before the battle, and endeavoured to perfuade him to retire, afiuring him that
Northumberland Ihould be delivered to his fin Henry; but not being able to prevail, they re-
nounced their fealty to David, and returned to fight under the Englifh llandard. Ric. Hag. Ailr.
Abb. Riev. c. 342.

(a) Cum quo un'nicrfa fuet terra militia qua profeelo nee fapienlia, nee i/irrute, nee numeris cateris -videbatur inferior
cum tanta devotions cmvenit, ut minor atas domini fit: nullum exercitui viderctur afferre difftndium. Ailr. Rievalle. '

(£) Lord Lyttekon has combined thefe two accounts. " His fecond line, (fays he,) commanded by the young
prince of Scotland, was compofed of the Cumbrian and Tweedale militia, (lengthened by Enelirti archers and cavalry
of the king's houfehold, and by fome under the conduft of the lord Tiuftace Fitz-John, who alfo joined this divifion."
Lord Lytieiton's Tweedale militia (Tiould have been Tiviotdale, adjunclis Jibi Cumbrtnfibui ct Tevidalenjibut, Ailr,

:(c) Who thefe Lavernani were, Sir Jame: Dalryreple fays, he knowi not.

Muranenf?

ing

c. 5 xj.

84 THE BORDER-HISTORY OF

ste P h<!«, ■ i n0 r the purfuit of his enemies, did alfo arrive. The remains of David's
broken army, in their flight homewards, were miferably flaughtered by the
Engliih, in revenge of the horrid barbarities they had committed in their late
inroads. Parties too of the different people of which that army was made up,
furioufly quarrelling wherever they met, increafed the calamity and deftruc-
tion : David, vexed at their behaviour, is faid to have punifhed many of them
feverely, and to have exacted from them heavy fines. He alfo bound them
more ftricYiy, by oaths and hoflages, never afterwards to defert him in battle.
About a month after David's arrival at Carlifle, Alberic bifhop of Oftia,
Ri^'Ha 5 ' 1 *' legate a latere from pope Innocent II. to the kingdoms of England and Scot-
land, came to that city. He was received with the greateft demonftrations of
reipect by the king himfelf, and by the bifhops, abbots, and priors, who at-
tended him ; and remained with him three days, employed in the bufinefs of
his legation. Being -informed, that John bifhop of Glafgow had fecretly, and
without leave, or any evident neceffity, withdrawn from his fee, and having
paffed over to France, had become a monk at Tirone •, the legate ordained,
that he fhould be called home by letters from himfelf and the king, and if he
refuted to return, fhould undergo the fentence he deferved for his deiertion.
The legate alfo employed his mod earneft felicitations with David, to engage
him to makepeace with the Englifh king; and obtained his promife, to ceafe
from all hollilities, until the eniuing Martinmas, except in carrying on the fiege
of Wark. He was alfo at pains to teach the more barbarous part of David's
fubjects, to wage war with greater humanity, and prevailed with them to bring
back to Carlifle, and fet free, before the expiration of the truce juft mentioned,.
ail the women they had made captives in their late inroads. He alfo obtained
an engagement from the whole Scottifh army, that in future incurfions they
would abftain from violating the churches, and would alfo fpare women,,
children, and the aged.

The Scottifh king not having been purfued by the conquerors, nor diftnrb-
"310. b ' ed in collecting and reinforcing the remains of his army, foon after his arrival

on the border, commanded the fiege of Wark to be relumed. In this, new
machines were employed, and trial made of various arts. But the belieged
by their machines broke thofe of the affailants : they alfo flew and wounded
many of the befiegers, with the lofs of only one of their own knights ; who
having rafnly fallied from the caftle and perfifted obftinately in his efforts
to deftroy one of the enemy's machines, was overpowered and flain by the
Scots. The king therefore, being informed of the unavailing lofs of his
men, did again order a ceffation from attacks, and, inftead of them, a ftrait
blockade to be maintained. A few days after the departure of the legate,
David was advertifed that the garrifon of Wark was reduced to an extreme
fcarcity of provifions. This information produced new orders from the king
to carry on the blockade in the ftrictefr. manner. The garrifon had killed and
failed their horfes for food, and when thefe were almoft confumed, they abated
nothing of their courage in defending the place-, and had refolved, on a total
failure of their provifions, to fally forth, and fight their way through their
tnemies. Walter Efpec their lord, learning their defperate fituation, and

unwilling

Ric. H.ig

8. 32*.

Ric. Hag.
c. 330.

ENGLAND AND SCOTLAND. 85

unwilling wholly to lofe fo brave a band of men, fent to them about Martin- , D - v]ii '•
mas, William, abbot of Rievalle, with his pofitive commands to deliver the t "-' "- ""
place to the king of Scotland. The fame abbot negociated the terms of a 'n 8 -
capitulation with that king ; who made them a prefent of twenty-four horfes,
and allowed them to depart with their arms ; after which he ordered the caftle
to be demolifhed. »

The legate returning from Carlifle to the Englifh court, continued his affi- Ric h js .
duity in mediating peace between the kings. In this work he was powerfully
aided by Stephen's queen, who, animated by a warm affection to her uncle and
coufin, ceafed not from importuning her hufband *, until me effected a re-
conciliation. The conditions of the peace were, that Stephen mould yield to
Henry, befides what he already pofTeiTed in England, the earldom of Nor-
thumberland, excepting the two towns of Newcaitle and Bamburgh, which
Stephen was to retain ; but, as a compenfation for thefe, prince Henry was to
receive pofTeffions of equal value in the fouth of England. It was alio agreed
and ordered by Stephen, that all the barons belonging to the earldom of Nor-
thumberland, who were willing to fubmit to prince Henry, mould recognize
their lands as held of him, and pay him homage, faving the fealty they had
fworn to the Englifh king ; which mofl of them accordingly did. The king
of Scotland and his fon engaged, during their lives, to keep peace with
Stephen, and be faithful to him ; and to give as hoftages for their fidelity the
fons of five earls f of Scotland. The laws and cuftoms which Henry 1. late
king of England had eftablifhed in Northumberland were to remain in full
force. This treaty was confirmed in April, at Durham, by prince Henry, A -. D - "39-
and by the barons depending on his father and himfelf, in the pretence of pr ' ,ot *"
Maud queen of England, and feveral barons of the fouthern counties, who
did on this occafion attend her. By particular exceptions made in the treaty,
the power of Henry was not to extend to the lands of St. Cuthbert, nor to
thofe of St. Andrew in Hexhamfhire. Henry going fouthward with the
Englifh queen, found Stephen at Nottingham ; and obtained his ratification of
every thing concluded at Durham. Stephen, during the tranfadfions above
related, had been employed in oppofing various infurrecfions in different
parts of England •, and this work ftiil continuing, he was aided, in the courfe
of the fummer by Hemy £, who bravely hazarded his perfon and expended
much money in the king's fervice.

The remainder of Stephen's reign was a feries of wars with his barons and
prelates, very little interrupted ; and which fpread defolation over the greateft
part of England. This monarch had boldnefs enough to irritate and to
combat his vaffals ; but he had not iufficient wifdom to manage them, nor

• Ftcmir.ti peclorh ardor <vinci nejeius, quilufcunque potuit modi's nocle ac die Jlimulando nort>
defiitit, donee regium animum ad J'uam n/oluntatem detorjit. Ric. Hag.

f Thefe earls (according to Ric. H-g.) were Cofpatrick earl of March, Hugh de Morville,
Fergus, Mel, and Mac.

J Stephen, going from Nottingham to befiege the caftle of Ludlow, held out againlt him by a
baron called Poynel, was accompanied by Henry, who being pulled from his horfe by an hooked
enoine of the refieged, and in imminent hazard of being made prifoner, was bravely refcued by
Stephen. Hoved, Henr,. Hunt.

good

86 THE BORDER -HISTORY OF

Stephen, good faith and conliftency of conduct to acquire their confidence. BeiiJes

K. ct England, °. ' . r ... 1 1 . I

i__ __ _ _, other concemons in the beginning or his reign, which were onlv meant to win

»59- them to fubmit to his ufurpation, he committed a fatal «rror, in allowing
them to fortify their caftles ; which, in the commotions that followed, be-
came fo many centers of rebellion and rapine, and places of refuge for all
manner of crimes. The northern provinces, fubjecr. ro the Scottifh king and
his fon, appear to have enjoyed quiet, during the greateft part of thofe trou-
bles *. bail Henry is not mentioned in the hiftory of thefe wars, after the

a. D. 1141. transactions laft related. His father David, two years after them, when Ste-
phen had been made prifoner, and the emprefs Maud feemed to be fettled
fecure on the throne, went to the fouth of England, to vific her and aflift her
with his counfels. But (he indulging her pride, and contemning all moderate
and gentle meafures, was forced to fly from London, and was foon alter
befieged by the party of Stephen in the cattle of Winchefter, where David
was fhut up along with her. After being reduced there to the laft extremities,
they made their efcape by a defperate effort-, and David, with much difficulty,
regained his own kingdom.

This excellent prince feems to have employed all the remainder of his reign

rot-a. 1. 5.C. 49, in the wo:ks of piety, and in promoting the -j- civilization and happinefs of his

;*> S3-

* That of the bifhopric or county of Durham was considerably interrupted by ihe attempt of
William Cuming, a clerk and David's chancellor, to be eiefted bifhop, in room of CJeotTry, who
died A. D. 114O; with which view, having feized the caftle of Durham (a), he gained to hi-i fide
moft of the barons of the bifhopric, and was nlfj favoured and fupported by David, as keeper of
the bifhopric for his niece the Emprefs. William de Sta. Barbara, archdeacon of York, being
ejecled at York by a pait of the Durham monks, who had made their way thither; and his e'eilion
being confirmed by the papal legale fking Stephen's brother bifhop of Winchefte ), after he and
his friends had flittered fiom Cuming much oppofition and perfection, which obliged him for a
while to retire ti the Holy Ifland, did at laft oblain quiet poffeffion of the bifhopric, and was in-
itialled in the cathedral 18th of Oflober 1144, after Cuming had held the cattle mo e than four
years. Whart. Ang. Sac. vol. i. 710, — 717. Sim. Hill. Dun. Ecc. 63, 64, 65,66.

f David is repieiented by Fordun, (copying Ailred or Baldred, as he calls him,) as cultivating
and encouiaging every art that tended to tame and polifh his fubjefts. In particular, he fpeaks of
his attention to his gardens, buildings, and orcha ds, (bonis, tedijlciis, et pomariis,) that he
might engage his people by his example to the like purfuits. Ford. 1. 5. c. 49. In c. t;z. he
reprefents him as employing fome part of his time, even in the lall year of his life, either in
planting heibs or grafting fhoots [aut herbis plant audi s , aut furtutii a fua radice excijis alieni
trunco inferendis operam dabatj. In c. 53. he mentions the improvements made by him in agricul-
ture; fo that a country, formerly indigent and barren, was now able, out of its abundance, to lop-
ply the neci flit es of its neighbours. He alfo celebrates the towns and caftles which David had
rail d, the for.ign commodities he had introduced by commerce, and the improvements thence
male in the apparel and drefs of his fubjeils; their hairy cloaks (pallia pilofa) changed into
rich garments, their former nakednefs covered with pjrple and Sue linen (purpura et byj/b). Laftly,
he celt. b'ates the improvement made in their morals, by teaching them the challity of marriage,
of which they were almoft wholly ignorant, and would not oblerve when they had entered into that
relation, (pudicitiam conjugalem quern ferme ne/ciebas (Ailred addreffes himfelf to Scotia) imrtii
initam fer-vare nolebas.) forming their clergy to a more regular life, and teaching his people, both
by initruciion and example, to frequent the church and holy riles, (facrijiciis intercjje di-vinis,) and
to pay to priefts ihe offerings and tvthes that were due. The lamentation of Ailred given by
Fordun, feems, from the uniformity of its (lyle, to have come all from one hand. It coma ns all
that is in Ailred's work in the Dec. Scr. except a lew fentences ; but has three or foui times more
than what is publifhed there.

(a) Fordun iays, that Cuming entered the cafile/t/- daiiar.cn m^eratricit,

people,

ENGLAND AND SCOTLAND.

people, by enabling good laws, difpenfing juftice, and cultivating elegant and
ufeful arts. BefiJes the feminaries of monks already mentioned at Kelib and
Mailros, he either founded orreftored a monaftery at Jedburgh, and peopled it
with Canons Regular of the order of St. Auftin, brought over from Beauvais in
France, where they had been eft.iblifh.ed by Ivo of Chartres, in a monaftery dedi-
cated to St. Quintin. He alfo eretted a convent of Ciftertian nuns in the neigh-
bourhood of Berwick upon Tweed •, on which four lefs confidcrable nunneries
did afterwards depend, as cdis. Thefe were the nunneries of St. Bothans
and Trefontan, fituated among the hills of Lammermuir in the Mers, a
few miles north eaft from Dunfe, and of Elbottle and Gulan in the county
of Eaft Lothian, on the fide of the Frith of Forth. The nunneries of Trefontan
and Gulan are faid to have been founded by David himfelf; that of St.
Bothans by Eufemia counters of March, in the reign of William the Lyon ;
but the founder of the Elbottle nunnery is not known. Moved by the ex-
ample of a prince fo much loved and revered, feveral of the Scottifh nobles
beftowed part of their eftates in the like erections. In particular, the Con-
itable Hugh de Moreville built the monaftery of Dryburgh *, pleafantly
fituated a little below Mailros, on the oppofite fide of the river Tweed •, and
filled it with monks called Pramonftratenfes, an order that had been founded
about thirty years before by Norbert archbifhop of Magdeburgh. This
order took its name from Pramonftratum, that is, a place marked cut by
heaven ; for this the name was meant to exprefs, being the place where their
chief monaftery in France was built. It was otherwife called the White Order,
from the habit of the monks being entirely white. Befides thefe, fituated
within the fcene of our hiftory, there were various other houfes of Religi-
ous eredted either by the king or his fubje&s in different parts of Scotland f .
The province alfo of earl Henry had its fhare in this falhionable piety ; a
convent of Pramonftratenfes having been founded at Alnwick by Euftace
Fitz-John J, lord of that place, two years before the monks of the fame
order came to Dryburgh.

But

* This account of the founJat'on of Drvburgh doth not agree with a charter of king David,
ptiblifhed by Dugdale, under the article of Car.obia Scotica, at the end of the fecond volume of his
Monaitkon, and faid to have been copied from the original by Sir John Balfour. David fays in
this charter, that he himfelf founded the church of St. Mary at Dryburgh, and granted fratribus
canonicis ibidem Deo fer<vitntibus the church of Dryburgh with its chapels, tythes, &c. "Thefratres
canonic; have not here the title given them of Pramonfirateurs ; but we find thefe two deligrutjons
joined by Fordun, or rather Ailred cf Rievallc, in (peaking of this fubjeci of David's religious
foundations; for among thefe, he recites Canonical Prtemonjiratenfes of Newcftle. They were
vulgarly, fays Stevens, called White Canons. The firit abbot of Dryburgh was Roger.

f The other convents erected by David were thofe of Holy rood. Houfe, Cambufkenneth, Lef-
mahago, Hilmcultram, Duodrennan, Newbottle, Kinlofs, and Machline for monks; and two
for nuns, one of which he is faid to have ercfted at Carlifle and another at Ne*caftle. In the
city lall named, he is alfo fud by Fordtin to have erected a convent for Praeinonitraieifes Canon?,
and another for Black Monks. He alfo increafed the number of Scottifh bifhoprics from four to
nine. The bifhoprics he founded, in the beginning of his re'gn, were St. Andrews,. GIafgo*v,
Murthlaeh (afterwards Aberdeen), and Murray, to which he added thofe of Dunkeld, Brechin,
Dumblane. Rofs, and Caithnefs. Sir J, Dilr. Coll. p. 24;, &c. Ford. 1. 5. c. 48.

% The charter of foundation included in a confirmatory charter of Henry Percy, Earl of Nor-
thumberland, is addreffed to William, (de Sta, Barbara) bilhop of Durham. Among the fouls

foe

David T.
K, of Scotland.

1 141.

Sir J. D.Ip,
Coll. p. 267.

Ford. 1. 5. c. 4?.

Spotfw. Rel.
Houfes. p. 2^1.
Menol. C:ft. per
Heflriquez, ap.
Dugd, Men.

Chron. Mailr.

Ford. 1. J, c. tf,

88 THE BORDER-HISTORY OF

^ Stephen, B u t David did not content himfelf with the eftablifhment of thefe focieties,

k. ot England, ^j^ were t ^ cn regarded as the chief feats and feminaries of religion and piety ;
1141. and where indeed were preferved and taught all the fcience and learning then

exifting, profane as well as facred. He appears to have been equally attentive
to eitablifh and regulate civil communities, for carrying on commerce and
manufactures, by which he at once augmented his revenues and increafed his
power; th-e numerous and wealthy bodies of men incorporated by royal
charters in cities and burghs, yielding a powerful aid to the lbvereign, both
in foreign wars, and againft the turbulence and rebellion of over-grown vaf-
fals, ib common in all the feudal kingdoms. It was in the time of David,
that Louis le Gros introduced thefe eftablifhments into France. And it is
. related, in fome of the ancient copies of the old Scottifh laws, that David

sisTIifin. 1 ' framed his burgh laws, from the information of certain learned men whom
he fent to other countries, to obferve the conltitutions that had been there in-
troduced. It is probable, that Berwick and Roxburgh were two of the firfr.
communities of this fort in Scotland. For in an ancient manufcript copy oi

clV" D ^ r 'i. the burgh-laws, which all agree in afcribing to David as their author, the title
prefixed declares them to be the laws and cuftoms of the four burghs, viz.

Reg. Maj. Berwick, Roxburgh, Edinburgh, and Stirling. And a farther evidence, that

thefe were the firft: royal burghs, arifeth from the court held by the king's
chamberlain ; whofe office gave him jurifdidion over all the king's burghs.
This court was called the court of the four Burghs, and confifted of delegates
from the burghs abovementioned, three or four from each burgh ; who, by
virtue of a fummons from the chamberlain, afTembled once a-year at Hadding-
ton ; and by this court all appeals from the courts of particular burghs were
tried and finally determined.
A. D. 1149. Henry, the eldeft fon of the emprefs Maud, and acknowledged by the
powerful party in her intereit as heir to the Englifh throne, having attained to
the age of fixteen years, was fent over from France by his father Geoffry
Plantagenet, to receive, according to the cuftom of that age, the order of
knighthood from his grand uncle the king of Scots. This young prince
having landed in England, was guarded through the weftern part of it by the
great barons of that quarter of the kingdom, who were all ftrongly attached

May Hi. to him •, and came to David at Carlifle. The ceremony of knighting * Henry

was there performed with great pomp, in the prefence of a numerous affembly

Hoved. or grandees of both nations; and Henry did at that time fwear, that, on his

afcending the Englifh throne, he would confirm to David and his heirs, the
pofTeffion of the territories which he and his fon then held in England. Henry
having continued eight months at David's court, improving himlelf in the arts

for whofe benefit it was eretted, is mentioned that of Ivo de Vefci. The Premontres Monks that
came to Alnwick, according to the account in Dugdale, were the firft of that order that were brought
into England. And by that account, they arrived in England in 1 147. But according to Stevens,
form Raynerus, thefe monks came firft into England in 1 146, where their firft monaftery, Newhoufe
in Lincolnfhire, wa~. built by Peter de Saulia. and dedicated to St. Martialis. Stev. v. ii. 145.

* David giri ing him with the military belt (apud C.arliolum ciugulum militare acceperat, jam
militaturut inbojiti et fibi rtbelhs). Hemingf. 1. 1. c. 75.

s of

ENGLAND AND SCOTLAND. So

of war and peace, did, about the beginning of the following year, return M«Jeji«»iv.

/- n 1 j i /■ xt i K. or Scotland.

from Scotland by lea to Normandy. ,

In the third year after, the aged king and his Subjects fuftained the heavy a.d. u.j.
lofs of Henry earl of Northumberland, David's only fon. This excellent
prince died about Whitfunday, universally regretted for his great and good
qualities ; and was buried in the abbey church of Kelfo *. His father is laid j h Hag.
to have borne the lofs with the patience of a real faint. He Survived him only F »'d.i. s-c+j
a year •, having, in that time, taken proper meafures to fecure the fucceffion of
his crown to Malcolm, the deceafed prince's eldeft fon, and that of the earldom
of Northumberland to his fecond fon William.

In the latter part of Stephen's reign, a quick fucceffion of circumftances and
events confpired to aggrandize his rival, prince Henry. On the return of that
prince, from the court of king David to Normandy, his father GeofFry refigned
to him the dutchy of Normandy ; and, by GeofFry's deceafe in the year fol- nj*-
lowing, he inherited the counties of Anjou, Touraine, and Maine. In the
year after, he acquired Guienne and Poi&ou, by marrying Eleanor, the heirefs
of thefe dominions, who had been fixteen years the wife of Louis, firnamed
the Young, king of France ; and two months after her divorce from that
monarch, gave her perfon and vaft eftates to Henry. Thefe acquifitions ex-
cited the jealoufy, and provoked the hoftile attacks of the French king : but
the vigour and fuccefs wherewith Henry defended himfelf, rendered his fame
equal to his good fortune. Stephen alarmed at Henry's greatnefs, fought eo
deftroy his hopes in England, by procuring a fettlement of the fucceffion to
his throne upon his eldeft fon Euftace : but this project, was difappointed,
chiefly by the oppofition of Theobald, archbifhop of Canterbury, and the other
prelates of the Englifh church. Thefe proceedings of Stephen, and fome
fuccefles he had againft Henry's friends, determined this prince to pafs over
into England, to fupport his party, and aflert his rights. In this enterprife
he was fo fuccefsful, that Stephen found himfelf reduced to the neceflity of a. d.usi*
declaring Henry fucceflbr to his crown •, which it was, at the fame time,
agreed that Stephen fhould enjoy during his life. In lefs than a year after this
agreement, Stephen died ; and Henry, with the univerfal confent and congra- a. d. M54.
tulations of his people, afcended the Englifli throne.

One of the firft cares of Henry was to re-eftablifh the ftrength and revenues
of his crown, by deftroying, or obliging his barons to deftroy, almoft all the
caftles they had built during Stephen's reign ; and by refuming the extravagant
grants, which that ufurper had made out of the royal demeihes. In the clafs
of fuch grants, he feems to have reckoned the counties of Northumberland
and Cumberland, which Stephen had yielded to David, king of Scotland, in
the manner formerly related. Nor did the oath, which Henry had given to Cui.Neubi.i.t

c. 4.

• The Chron. Sts. Crucis fays, he died 2do. Id. Jun. i. e. June 12, Whart. Ang. Sac. vol. i.
p. 161. The Chronicon Rhythmicum annexed to Fordun, the n>fl part of which, as father Innes
obferves, was written in Alexander II. or III.'* time, relates the death and burial of prince Henry,
in the following diftich :

Qui hello moritur de Cothon ; feifefelitur
In Abbatia nomine Calconia.

N David

Fori. I. S. c. 3.

9 o THE BORDER-HISTORY OF

Henry it. David at Carlifle, reftrain him from demanding from the Scottifh regency, the
^.o^ng.ap . re r^j tut j on f t hefe provinces, which were To confiderable a part of the realm of
"54- England. The Scots had then, for the firft time, a minor on the throne;

p. r °j^7°. n * whole feeble age had encouraged ibme of the unruly chieftains -j- of the North,

to make infurreclions, and difturb the public peace. The long tranquillity
enjoyed in the latter part of David's reign, mult have, in fome clegr.e, ener-
vated the Scots •, while the Englifh were never more warlike, nor more united,
nor hud their force under a more wife and vigorous direction ; nor had they
ever a monarch fo formidable by fuch extenfive foreign dominions. Thefe
eircumftances produced the reftitution of Northumberland and Cumberland,
without a ftruggle ; though not without general murmurs againft thofe who
had the management of public affairs, for quietly yielding to fo evident a
neceffity. The lofs of thefe provinces was, in part, compenfated by king
Henry putting Malcolm in poflTeffion of Huntington J •, which, after the death
of Malcolm's father, earl Henry, was given by king Stephen to Simon de St.
Lez, the eldeft fori of Maud, Henry's mother, by her firft hufband ; and this
Brampton ear ^ Simon, who was zealoufly attached to Stephen, dying about the time that

p-975-, the treaty of peace and fucceffion was concluded between that king and prince

ag"fp. le 59- Peer " Henry, the earldoms of Northampton and Huntingdon defcended to his fon,
a third Simon ; from whom king Henry did now take the laft of thefe earl-
doms, and deliver it to the king of Scotland.
&. d. ii 57 . Henry, in the third year of his reign, having marched into North Wales to

quell certain difturbances that had arifen in that quarter, came toChefter: and
Hovedfn,p.4 9 i. in that city Malcolm the young king of. Scotland, attended him, and fwore
Ford l^s^c - fealty to him, as his grandfather had done to Henry I. with a falvo of all his-
dignities. It was at this time, according to Fordun and almoft all the En-
glifh annalifts, that he yielded to Henry the northern counties § ; which For-
dun

f Thefe were Sumerled, lord of Argyle (Regulus Frgadia:), and his nephews, the fons of Mal-
colm Macheth, whom David, in 1 1 34, had imprifoned in the caftle of Roxburgh. See above p. 77.

'I Comitatum Huntidumnfem prifco jurtfthi ccmpeteiitem. Thefe are the words cf Gul. Neobiig.
tranferibed by Brompton, and feveral of the other annalifts. The right of Malcolm arofe from the
pofltflion of it by his father, and grandfather, in confequence of the grants of Henry I. and Stephen.
See above yv 79.

§ Brompton, whom Dugdale follows, Eng. Peer. v. i. p. 59, is the only ancient aiinalifl who ex-
prefsly placesthe reftitution, or tefumption of the noithern counties, in the firft year of Henry's
reign. Hoveden, a cotemporary writer, doth not mention this event. Nor doth William of New-
burgh, another cotemporary, exprefsly affign any date to it; although the connexion of his narra-
tive feems to indicate its happening in the firft year oT Henry's reign. This author fays,, that
Henry required the reftitution of Northumberland, Cumberland, and We 11 morel and, as being ac-
quired by David, in name of the rightful heirs, his mother Maud and himfeif; and ihat he being
now advanced to the Englifh throne, the kin^ of Scotland could have no pretence to detain them.
But from what has been above related, in p. 85, it appears, tint this account of the titles, by which
David held thefe counties, in which William is cop'ed by ftveral of the other Englifh annalifts, is a
mifrep/efentation. Ralph de Diceto, the Annals of Waverley, Matthew Paris, and others, make
particular mention of Malcolm's rcftoring the city of Carlifle, the caftle of Bamburgh, and Newcaftle
upon Tyne ; and along with thefe places, the Ccmitatus Lodoitenjis. Carlifle, and the counties of
Northumberland and Cumberland, which ate here exprefl'cd by the Comitatui Lodcnenjis, wete
given up to David by the treaty concluded with Stephen in 1 139. But by that treaty Stephen was
to retain Newcaftle and Bamburgh. Perhaps, in the courfe of the troubles that followed in Stephen's
reign, David got pofl'eftion of Newcaftle and Bamburgh, and held them in the name of the Em-

prefs;.

ENGLAND AND SCOTLAND. 91

dun and the other Scottifli writers afcribe to the influence of faithlefs and cor- 2* a f'} ,a } v i

rupted counfellors. In the following year the kings met again at Carlifle ; and J ■ _,_ _ J

there fo much ftrife arofe betwixt them, probably from the murmurs of the a. d. u,s.
Scots, on account of the ceffion of the northern provinces, that Malcolm, who
had hoped at this time to receive from king Henry the honour of knighthood,
did return to his own kingdom, without obtaining it. Henry alio, to ftrengthen
the frontier of Northumberland againft the Scots, ordered the fortifica-
tions of the caille of Wark to be reftored. But notwithftanding thefe animo- £ hr ' , Ma ' u
fities, Henry had the addrefs to engage Malcolm to accompany him, the fol-
lowing year*, in an expedition to France, for the recovery of Tholoufe; which a. d. 1159,
he claimed as a part of the inheritance of Eleanor his queen. The perfon of
the Scottifh king was the beft pledge that Henry could have for the good beha-
viour of a nation, whom he had fo much irritated •, during an expedition fo
diftant, and in which he was accompanied by a great part of the ftrength of
his own kingdom. The honour which Henry had lalt year refufed Malcolm
at Carlifle, he now conferred upon him at Tours, in France, on his return
from the Tholoufe expedition. But when Malcolm, in the enfuing year, came A - D - ,lf ">
back to his own kingdom, he found his fubjefts greatly provoked at the attendance chr, M»iir,
he had given the king of England ; and this reientment proceeded to fuch a

prefs; for he could claim ro right to them by his treaty with Stephen, provided Stephen gave an
equivalent for them in the fouthern parts of England. But it is probable that Henry, along with
thefe places, reclaimed all that was yielded by Stephen ; on account of the invalidity of the deeds
of that ufurper ; and as to his own oath at Carlifle, he might eafily plead the excufe of youth and
inexperience; and perhaps, when fuch a plea (erved his intcreft, he might plead his having no right
to difmember his kingdom, without confent of its dates. And though the bulk of writers place
this event in the third year of Henry's reign, it feems more probable that he redemanded and re-
funded thofe pofieffions, about as early as he did the other grants that had been made by Stephen.
Perhaps alfo the demands were the more readily complied with, from the afcendant that Ada, the
king's mother, VValheve, the abbot of Mailros, his uncle, and others of the Englifh had then in the
government of Scotland. The number and greatnefs of the Englifh and Normans, or French, then
in Scotland, may be inferred from the addrefs of Malcolm's charters, where the French and Englifh
are put before the Scots and Galwegians. The fame thing is obfervable in the charters of David.
Anderfon's Diplom. No. 22, 34; alfo 14, 16, 18.

* In this year, 3d Auguft, died Walheve the 2d abbot of Mai'.ros. He was a monk in the mo-
ther monaftery of Rievalle, when ele&ed abbot of Miilros in 1148. King Malcolm, from his chr. Mailr.
infancy, held him in the higheft reverence, and was formed and guided by his inltruciions. He was Fold, 1,6. c. 25.
eleiled, in the laft year of his life, to the bifhoprick of St. Andrew's, in room of bifhop Robert; 34"
bat could not, by the warmeft felicitations, be prevailed with to abandon his convent, foretelling
he had not long to live. In the twelfth year after his burial, May 22, 1171, his grave was opened
in the prefenceof Ingelram, bifliop of Gbfgow, and four abbots called thither on pnrpofe ; and his
body was found entire, and garments unfpoilt ; and after the folemn celebration of mals, the bifhop
and abbots, before-mentioned, with all the monks of the convent, put a new ftone of pohfhed mar-
ble over the holy dull : all being filled with joy, and teflifying, by their joint, acclamations, that
truly this was a man of God. The monk, Joceline of Fumes, wrote the life of this celebrateS
abbot, in which he records feveral miracles performed by him. One of them was his increafing the
ftores of corn in the granaries belonging to the monaftery in the neighbouring villages of Eldu.i and
Gatonfide, out of which were fed 4000 poor people for three months, without any perceivable dimi-
nution of the firft quantity ; which remained the fame, till the enfuing crop on the ground was ready,
and then began to watte. On occafion of the fame of this faint were written the following verfes ;
Metros mellita fie eft nonfellea vita.
Jure vacatur ita, fatre fotiore potita. Fordun, ib. c 34.

N 2 height,

Chr. Mail.

9 * THE BORDER- HISTORY OF

., K 7'P V' . height, that fix of his earls + bettered him in Perth, but they were repelled-,

K. of England. ?i , • r ■ c 1 i" J n- n j r

. and by the interpolition or the clergy, domeltic peace was reftored.

a. d. 1163. ft is probable, that the intertine commotions raifed by Malcolm's turbulent
chieftains, although in part arifing from his calmly yielding to the fuperior
power of England, did drive him, for his own fecurity, into clofer connexions
with his potent neighbour. For we are informed, that two years before his
Hovcd. death he palfed into England, and paid homage at Woodflock to Henry, and

Mat.Pul»;' to ms eldeft fon of the fame name •, and that, at that time, a firm peace was con-
cluded between the two kings. In the journey made at this time by Malcolm
into England, he fell dangeronfly ill at Doncafter, but recovered. Having
a.d. n6;. lived two years after in a languifhing ftate, he died at Jedburgh, in the twenty-
day."' hl " * fifth year of his age, and thirteenth of his reign.

In the year before king Malcolm died, Roger archbifhop of York, an am-
Ford. 1 8.C.15. bitious prelate, having obtained from pope Alexander III. the commifiion of
papal legate to the kingdom of Scotland J, in order to pave his way to the pof-
ieffion of the primacy which he claimed over the Scottifh church, came with
great pomp to the caflle of Norham. He thence fent mefTengers to the Scot-
tifh clergy, requiring them to receive him with the honours due to the legate
of the holy fee, and threatening them with the higheft cenfures if they mould
prefume to oppofe him. But, inftead of complying with this requeff, the Scot-
tifh church fent Ingelram, the king's chancellor, and archdeacon of Glafgow,
attended by feveral of their own body, and a fufficient guard of laicks, to in-
form the archbifhop that they would not receive him in the character he claim-
ed. Ingelram acquitted himfelf of his commifiion with great fpirit, charging
Roger with having obtained his commifiion in a clandestine manner, and by
falfe allegations. Solomon, dean of Glafgow, and Walter, prior of Kelfo,.
aflifted him in the difpute ; and at laft the Scottifh delegates appealed to the
court of Rome. Roger was obliged to return with difgrace, and Ingelram be-
ing foon after elevated to the bifhoprick of Glafgow, went over to France,
where pope Alexander the Third then was, and received confecration from
that pope at Sens, notwithstanding of the oppofition of the mefTengers fent
thither by Roger, who had the mortification to be witnefTes of the ceremony of
Ingelram's confecration.

Malcolm died a bachelor ; and as he emulated the monks in chaftity, he
was alio, like his grandfather, extremely liberal to that order of men. Befides
erecting fome new convents, he gave an ample charter to the monks §of Kelfo,
confirming the great donations made to them by David, by his father Henry,

and.

•f Ferchard, earl of Strathem, and five others. Ford. Ferteth Comes is one of the earls wit-
nefTing the Charter of Kelfo in the preceding year. Chr. Mailr. calls him Feretua, without men-
tioning his earldom.

X Probably he obtained a legation to Scotland, ashisown province. Seep. 101.

$ This confirmatory charter was given at Roxburgh in 1 1 59, and muft have been given in
the former part of the year, as this was the year of Henry king of England's Tholoufe expedition*
wherein Malcolm accompanied him. It appears from this charter, that the king refided much at
Roxburgh, as he frequently attended divine fervice in the church of Kelfo ; for he confirms to that:
church all the offerings made by himfelf and his attendants, whenfoever, on fcJemnities, or other

days,.

ENGLAND AND SCOTLAND.

11.

and himfelf, as well as many grants made to them by the barons and great men w '"; ''<■ '- ;rn .
of his kingdom. In his reign likewife was founded at Eules *, by Cofpatrick, f '" _°^"_^
the earl of March, or his lady, a convent of nuns, of the Ciftert.ian order. J165.

Malcolm was fucceeded by his brother William, lirnamed the Lion. This
prince is faid to have been an implacable enemy to the Englifh, on account of. Ford - 1, *■ <■ %
their taking from him his inheritance of the county of Northumberland •, and
the refentment he fhewed on this accounr, was fo much more grateful to the
people of Scotland, than the meek and pacific behaviour of Malcolm, that for
fome time in the end of Malcolm's reign, they obliged William, though reluc-
tant, to accept the charge of guardian of the kingdom. Ever fince the refti-
tution of Northumberland to Henry, there had been no firm peace between
the kingdoms. An open rupture had been prevented by fucceffive truces, but
thefe were very ill obferved ; and the provinces, near the frontier between the
kingdoms, fuffered greatly by mutual inroads. In the Lent after Wil- a. n. «M,
liam's acceffion to the throne, the Englifh king pafTed over to France, to quell
fome diforders that had arifen in his dominions there. He afterwards received

days, he heard the ftr«ice of God in that church f. The pcpuloufnefs of Roxburgh, and the coun-
try in the neighbourhood, may be inferred from the mention of churches in ttiat place, now granted'
to the Kelfo convent, as freely as they had been held by Acceline, the archdeacon, and which
churches feem to be different from the lately erected chutch of St. James. The fame appears from
the grant of twenty chalders, partly corn and partly meal (inter farinamis ' frumentwm) , to be paid
out of the Roxburgh mills, which probably was the eflimate of the amount of the feventh part of the
mills of this burgh, granted in David'6 charter to the abbey at Selkirk. Mention is alfomade of a
new town of Roxburgh. Again, out of the mill of Ednam (Edenham), are granted yearly twelve
chalders of malt. The churches granted by fubjeel', and confirmed in this charter, are H me,
with two plough-gates of land, and a meadow in the neighbourhood of the village; and the church
ofFogo, with one plough-gate of land, both given by earl Cofpatrick ; the church of Macchufwell,
given by Herbert of Macchufwell; the church of Simprig, given by Hye and his fon Peter; the
church of St. Laurence of Berwick, given by Robert Fitzwilliam ; the church of Malcarvatlun
(Makerfton), given by Walter Corbeth ; the church of Molla, with the land adjacent, given by
Uftred de Molla; the church of the village of Witha (now Wefton, in Lanerkfhire), given by Wi-
tha ; the church of Cambufnethan, given by William Phinemund ; and the church of Lintunru-
theric, i. e. Lintun Rulheri <vel Roderki (Linton in Tiviotdale), given by Richard Cuming. This
charter is attefted by many witneffes : the order of which is remarkable, and is as foilows; the-
three bifliops of Glafgow, Murray, and Dunkt-ld ; William and David, the king's brothers, and
Ada his mother; the abbots of Dunfermling, Jedword, Newbottle, and Sterling, Walter the chan-
cellor, the prior of St- Andrew's, the archdeacon of St. Andrew's, the archdeacon of Laodonia
(for) Herbert the chamberlain, Nicholas Clerk (Clerico), Richard the chaplain. Then follow,
after a note of diffinfti n, the lay lords ; Godred, king of the Ifles, earis Cofpatrick, Fertech,.
Duncan, and Gellebride, earl of Angus, Uftred, fon of Fergus, Gilbert de Umframville, William
de Sumerville, Rich, de Moreville, Ranulph deSulas, David Olif'ard, Rich. Cuming, Rob. Avenel,
Will, de Moreville, Will. Finemund, Walt. Corbet, Afket. de Rid.da, Henry de Perci, Liolph'
fon of Maccus, Orm fon of Hailaph ; it is added, that there were many others prefent, clerks and
laymen. Andcrfon's Diplom.

• This foundation is placed by Hoveden, and Chr. Mailr. in 1154. They fay, that the convent
of nuns did then come thither the fecond time; from which it would feem, that there had Keen for-
merly a foundation in that place of the fame kind. The abbreviation of the Scotichronicon, annexed
to Fordun, fays, that this nunnery was founded by the countefs of March.

■}- The fame thing it made farther probable, from a grant made of half the fkins from the king's kitchen, and of all
the beafts killed for his ufa, and half of their tallow, and all the (kins of hii rams and lambs, and the tenth of the (kins
ef his deers and does. Thefe revenues from his kitchen aud (lauglitered cattle, the monks are to enjoy through all th*
country, which hi* grandfather David poflefled, during (he life of king Alexander,

ths

94 THE BORDER-HISTORY OF

K H jy> £• the homige of the people of Bretagne to his third fori Geoffrey, whom he had
<j_ "-^- _t contracted to the only daughter of their duke, Conan. The king of Scotland,
u66. whofe filler Margaret was married to this duke, came to the Englifh king
while in Bretagne. His principal bufinefs was to treat concerning his claim to
Northumberland and Cumberland : but Henry, who was fufficiently occupied
by his ftrife with Beciiet, the Pope, the French king, and his own rebellious
vaffals, was careful to give the young king of Scotland the kindeft words, and
to iooth him with fair promifes, of an agreeable termination of the dilputes be-
tween them, when Henry fliould be at more leifure to attend to them. Wil-
Chr.Mait. l' am having fignalized his courage in fome military exploits performed in

Ford. l.s. 1. 13- Henry's fervice, and having confirmed the truce between the kingdoms, re-
turned with honour to his own country -f-.

Henry continued in France four years, a great part of which was confumed
in contending with the enthufiaitic infolence of Becket, who was protected by
the French king, and encouraged by him in all his extravagant pretenfions
againft his fovereign. Henry ha.d alfo wars with that monarch, in which he
a. d. 1170. vvas almoft always fuccefsful. On his return to England, in March 1 170, the
chr. Mail. Scottifh king, and his brother David, repaired to his court at Windfor, and
celebrated with him the feftival of Eafter. They were detained until the fol-
lowing June, to be prefent at the coronation of Henry's eldeft fon of the fame
name, who was then about fixteen years of age. And on the day after this
folemnity, they, together with the other vafTals of Henry, paid homage, and
fwore fealty to both father and fon, wich a falvo of that due to the father.
The practice of crowning the eldeft fons of kings, while their fathers were yet
alive, had obtained in France for fome preceding generations. And Henry,
in his prefent circumftances, feems to have been prompted to follow the ex-
ample, by the view of ftrengthening his family, againft the confequences of a
papal excommunication and interdict, with which he and his kingdoms were
continually threatened j and which, in thofe days, were dreadful to the greateft
monarchs.

The king, foon after the coronation of his fon, returned to France, and in
the end of this year he compofed his quarrel with Becket. But the haughty
prelate returning to England, with the character of Pope's legate, and begin-
ning immediately, in violation of his late peace with Henry, to exercife his
legatine authority, for avenging himielf of thole who had offended him during
the late ftrife, he was foon followed by four knights of the king's houlehold,
who put him to death in his own church of Canterbury. This rafh and cruel
deed was committed in confequence of certain words uttered by the king, in
the height of his refentment againft Becket's untamable prefumption ; and it
involved him in flill greater difficulties, than thofe he feemed to have over-
come by his late condeicenfions to that prelate. It was a confiderable time be-
fore his moft humble fubmiffions to the court of Rome produced their defired
A. d. u;i. effect-, and he employed part of that interval in reducing Ireland ; which the
brave exploits performed a little before in that ifland by Richard Strongbow,

f This year, 1166, the earl Colpatrick died, and was fuccoeded by his fon Waltheve.
Chr. Mail.

8 earl

ENGLAND A N D SCOTLAND. 95

earl of Pembroke, and others, private adventurers, did now render a very w;n - '■ <• 'i™.

r l ~L r K, ol Scot. and.

eafy work to their lovereign. J

In the following year, the k'ng patting with expedition from Ireland, a. d. 1171-
through England, into Normandy, found the Pope's legates impatient for his
arrival: and having agreed to the terms dictated by the holy father, did obtain
abfolution. But Henry's profperity, and growing power, excited envy and
malignity ; and his peace with the Roman pontiff was not concluded until a
new fet of enemies arofe, where they were lead to be fufpected. His crowning
his ibn Henry, without conferring the fame honour on Margaret his wife,
•was grievoufly refented by her father the French king. But the Englith
monarch feemed to have Satisfied Louis, by the apologies he made for rhis
neglect; and to cut off all occafion of farther complaint on that head, Mar-
garet was, foon after Henry had made his peace with the Pope's legates, fent
over to England to be crowned ; her hufband being alfo crowned a fecond
time along with her. The young king and queen, not long after, pafTed over
to Normandy, and thence to the French court, where the wild and unbounded
ambition of the giddy young prince was wickedly cherifhed and ftimulatcd, to
break forth to the molt open excefies. Not content with the name and dignity
of a king, and with revenues fufHcient to fupport a court, he claimed the
whole regal authority, and impudently alleged, that his father, by caufing
him to be anointed and crowned, had transferred to him all his own power.
His mother, queen Eleanor, was fo perverfe as to encourage her fon in this
wickednefs ; and, by her procurement, his two brothers, Richard and
Geoffrey, were put into his hands, and fo far as their youth allowed, joined
him in all his meafures.

Young Henry, by his boundlefs profufion, had acquired many friends.
Policy now combined with that habit, to engage him to make the moft liberal
grants, in order to bring over to his party as great numbers as poflible- and, in
this manner, he debauched from their duty and allegiance, a very great num-
ber of his father's vaffals, both in England and in France. He drew to his Ben. Pet.-. P . -,.
party the king of Scotland, by promifing to reftore to him the counties of Ford. 1. B.*c. 2«
Northumberland and Cumberland •, as alfo to add to the county of Hunting-
ton, poffeffed by his brother David, that of Cambridge; for all which William
and his brother were to render homage and lervice. In confequence of this a. d. ii 7J ,
agreement, William led a great army into Fngland* where he began his £hivMaiir.

c? *~? * cj »3 Ford

campaign, by laying fiege to the caftle of Wark. But failing in his attempt,
he marched into Cumberland ; and was alike unfuccefsful in befieging Car-
lifle. Thence being allowed by Hugh bifhop of Durham, to pals undilturbed r d<- D; C eto,
through his territories, he advanced into Yorkfhire ; and, wherever he came, DiC - s "< c - S73»-
his army committed the moft cruel depredations. To repel this invafion,
Richard de Lucy, juiticiary, and Humphrey de Bohun, conftable' of Eng-
land, led an army Northwards, and the Scottifh king retiring into his own;

*R.alf de Diceto ciefcribes the Scotch army as containing an infinite multitude of Galloway men,
who weie fleet, naked, remarkably bold ; wearing on their left lidefmall knives, forniidab'e to any
armed men, very expert in throwing and aiming their javelins at great. riiftaivces, felting up for a
/ignal, when they go to battle, a long lance.

kingdom.

9 6

Henry TT.
K. of England,
t , »

A. D. 1174.
E?n. Pctr. p. 69
Brump. c. 1089
DeOiceto, p. 573
•Cul. Neubr.
1. 2. c, 30.

Cul. Neutr.
1. 2. c. 33.

Ben. P«tr. p. 73,
Gul. Neubr.
1. 2. c. 32.
Hov;d. p. 538.

Hoveden.
Neubr. 1. 2. c,

33-

Sen, Petr. p. 75.

THE BORDER- HISTORY OF

kingdom, they eroded the Tweed, burnt Berwick, and laid wafte the adjacent
country -f : but being informed that the earl of Leicefter, who was a principal
man on the fide of the young king, had landed in Suffolk with an army of
Flemings ; they propofed a truce to the Scottifh king, who knowing nothing
of Leicester's arrival, was glad to accept of the offer. This truce was to con-
tinue until the term of St. Hilary ; and by the mediation of the bifhop of Dur-
ham §, was afterwards prolonged to the end of the Eafler holidays-, for which
prorogation, the Northumbrians paid the Scottifh king three hundred
marks.

Lucy, returning with all expedition into the interior parts of England, gave
a total overthrow to Leicefter's army, and took him prifoner. The old
king had alfo great fucceffes in France; but ftill young Henry, with his allies
and vafials, refolved to rifque another campaign. Accordingly the Scottifh
king, with an army, as fome of the Englifh writers relate, of more than eighty
thoufand men, entered Northumberland in the beginning of April. Befides
his own people, he had a confiderable body of auxiliary horfe and foot from
Flanders. As he aded in concert with the rebellious barons of England, he
detached his brother to the interior parts of that kingdom to join De Malory,
who commanded in the caftle of Leicefter. Then marching into Cumberland,
he again laid fiege to Carlifle, which was held by Robert de Vaulx. The
place being bravely defended, the king left part of his army to carry on the
fiege j and employed the reft of it in fubduing and wafting the neighbouring
lands of the Englifh king and his barons. He took the caftles of Liddel ||,
of Brough and Appleby in Weftmorland ; and thofe of Warkworth, and
Harbottle, in Northumberland ; the latter of which belonged to Odonel de
Umframville. Then he returned to Carlifle; and having continued the fiege
until the provifions of the garrifon began to fail, the governor capitulated to
furrender the place at the following Michaelmas, if he fhould not in the inter-
val receive fuccours from the Englifh king. William marched from Carlifle to
Prudhow, on the fouth fide of the Tyne, a caftle belonging to the before-
mentioned Odonel de Umframville. Here he met with a brave refiftance;
which gave time to the lord of the caftle to collect: a confiderable force under
himfelf, William de Vefci, lord of Alnwick and Malton, and other northern
barons ; on the approach of which, William raifed the fiege of Prudhow, and
retired towards his own country.

As the Englifh barons did not give the king a clofe purfuit, he flopped at
Alnwick ; and having there divided his army into three parts, he befieged or
blocked up the ftiong caftle of the place juft mentioned, with one of them

+ This country is by Hoveden called Lonas, by Dxeto, Loheneis.
u§ The king and bifhop met for this purpofe, apud Ri-vedalam, according to Benediclus ; Reve-
deun, accotding to Hoveden, who adds, that it was in the confine of the two kingdoms. Hence
it was probably the place no.v called Redden, which, in Malcolm's coniirmatory char er to the abbey
of Kelfo, is called Raveden.

|| Liddel was a cartle anciently fituated at the confluence of the Lid with the Eflc. (Camd. Le!.
•Coll.) It belonged, according to Benedict Petrob. to Nicholas de Stuteville. Thofe of Brough and
Appleby, were caftles of the king's, kept by Robert de Stuteville. Warkworth was kept by Roger,
ion of Richard j and Harbottle by Odonel de Umframville.

which

ENGLAND AND SCOTLAND. 97

which' he himfclf commanded *. The other two, commanded by the earl Dun- ^"J;^ £j, d n *
can, the earl of Angus, and Richard Moreville, were employed in pillaging t c0 '" J
and laying wafte all the adjacent country. It is "probable, that William de 1*74.
Vefey's people at Alnwick, gave luch intelligence of the king of Scotland's un-
guarded lituition, as encouraged their lord, together with his -f- brother-in-law Date's Peer-
Robert de Stuteville, lord of Knarefborough, Ranulph de Gianville, and Ber- H ''
nard Baliol, to form the project of furprifing him in his quarters. For this purpofe,
having fet out with four hundred horfe, at the dawn of day, from Newcaftle, ju'y ij,
they inarched with luch fpeed, that before five they arrived in the neighbour-
hood of Alnwick. A thick fog had covered their march, but at the fame
time made them doubtful of their own fituation •, which railed in fome of the
company luch apprehenlions of hazard, that they prepared to return. Their
advancing forward was owing to the relblution of Bernard Baliol : and the fog
happily diflipating, they had loon the pleafure of discovering, at a fmall di-
fiance, tne caftle of Alnwick, which afforded a lure retreat, if in danger of
being overpowered by their enemies. About the fame time they perceived the
king of Scotland riding out in the open fields, accompanied with a troop of
about fixty horfemen, and free from all apprehenfion of danger J. He at firft
took them for fome of his own men returning from their ravages ; but the dif-
play of their enfigns foon undeceiving him, he difdained to turn his back, and
putting himfelf at the head of his fmall company, attacked his foes, with the
moft undaunred refolution§: but in an inftant he was overpowered ; and his
horfe being killed under him, he was taken prifoner with almoft all his attend-
ants. Several of his nobles, who were not prefent at the conflict, being in-
formed of their mailer's fate, thought it honourable to fhare it, by rulhing,
rather than falling, into the hands of their enemies. The Englifh barons car-
ried off their prey with all expedition ; marching back that night to Newcaftle.
Thence the royal captive was carried to Richmond, and detained in the caftle
of that place, until orders were received from the king of England how to
difpofe of him. The intelligence of this difafter, foon fpreading through the

* Benedict of Pe'erburgh fays, that the king remained at Alnwick wiih no more than his do-
irieflics, or guards (cum pri'vata familia/ua) ; and that the ear' Duncan, having the command of
the army, divided )t into thiee parts ; one of which he retained about himfelf, and fent the other
two to deftroy the adjacent country with fiie and fword. He add-, that on the day the king wis
taken, earl Duncan, with the divifion cf the army that he kept wiih himfelf, entered the town of
Waikwonh, burnt it, and put to the fword, without diftinftion of age or fex, all he found within
it; and .that he made his foldiers break up the church of St. Laurence in that place, in which, and
in the houfe of the parfon of the town, they flew more than one hundred m;n, befides women and
children.

f William de Vefey married the filter of Robert de Stuteville. Dugd. The lilt given of the
leaders of the Engliih in this action, in Leland's Collect, (from Walt, de Coventree) is Rob. de Stu-
teviile, Gul. dc Stuteville his Ion. Will, de Vefey, Ranulph de Gianville, Ralph ce l'illey, coailable
of the family ot the arcnbilhop of York, Bernard de Baliol, and Odonel de Umfranville

X According to Bened. Petrob. they found him {porting with his knights, (ludentem cum jnilitibus
fuis, tanquam fecurum, et nihil timentem) p. 76.

§ Gul. Neubr. elegantly defcribes William as confiding in the multitude of his forces in the cotin-
tiv around h ; m, though at too great a diltance to help him ; fuo quippe tarn 'uafto, qua>n-v:s n:innt
conglobato circum'vallatus exercitu ; conclu/am illam paucittitem facile abjerhendam ejji a cirtumfufa
multitudine nee ambigere dignabatur, p. 214.

O fcattered

$8 THE BORDER-HISTORY OF

He " r y"' Scattered bands of the Scottifh army, threw them into the greateft confufiorr;

v _° _ °_ a "j The fierce Highland Scots and Gallowaymen, who hated the Englifh inha-
i»74- bjtants of the towns and boroughs in the fouthern and eaftern parts of Scot-
land, being now free from reftrainr, indulged their animofity, and cut off all
their Englilh fellow-fubjecls, who came in their way * •, thofe who efcaped,
flying to places of ftrength. David earl of Huntington, as foon as he heard of
his brother's captivity, abandoned the caftle of Leicefter, and his Englifh
allies, and marched with all the expedition he could into Scotland.

The circumftances of the death of Becket, and a multitude of tales of
miracles, wrought at his tomb, had exalted him, in a very fhort time, to the
dignity of a martyr and faint of the firft order. The king of England having
come over from France, in order to defend his kingdom, not only againft the
Scots, but an invafion ready to be made by his fon, in conjunction wirh the
earl of Flanders, repaired, immediately after his landing, to Canterbury r
where by his prayers and offerings, and his humiliating himfelf fo far as to
undergo the ftripes of the monks, he fully made his peace with the faint.
And it being on the very day he fet out from Canterbury, after this good
work, that his adverfary the king of Scots became his priibner, this fortunate
event was univerfally alcribed by the monks and their votaries, to Beckers
powerful interceffion in the court of Heaven. On that day alfo, the fleet,
which was to have invaded his kingdom, letting fail from Flanders, was
fcattered by atempeft. 7'he king, lofing no time to improve thefe advantages,
marched againft his rebel barons ; and in lefs than a month compelled them
all tofurrender their perfons and their caftles. While he was at Northampton,
the king of Scots was brought to him, having his feet tied under the belly of
the horfe that carried him. Thither alfo came Hugh de Pudfey bifhop of

Hov«den,p. 539. Durham f, who was the only one of his prelates, who, during thefe com-
motions, had given any caufe to fufpect his loyalty. He was the nephew of
the late king Stephen, and owed his bilhopric to the favour of that monarch :
he had allowed the king of Scotland to pafs through his country in the pre-
ceding year without oppofition, and had this year lent for a body of Flemings,
confifting of forty knights and five hundred foot under his nephew Hugh de
Bar, who landed at Hartlepool on the day the king of Scots was taken pnfoner
at Alnwick. Upon hearing of this event the bilhop immediately fent back
the foot; but detaining his nephew with the forty knights, committed to his
keeping his caftle of North Alltrton. This prelate was now glad to make his
peace with the king, by paying him a great fum of money and delivering to

* Gul. Neubr. or. this occafion obferves, that the towns and burghs of the kingdom oF Scotland
are known to be inhabited by Engliflimen. Regni enim. Scotiti opfitia et lurgi ab Anglii habitari
no/cunt u r, p. 216.

Gilbert and Uftred, the lords of Galloway (fons of Fergus), on returning to their own country,
drove out all the iniendants and magiltrates put over them by the Scottifh king, flew all the Englifh
and French, who fell into their hands, took and deflroyed the caflles and fortrclles, that the king of
Scotland had built in their province, putting to the fword all they fgund within them. Ben.
Petrob. p. 77.

t Hugh (de Puteaco) treafurer of York, was, at the age of twenty. five, elefted bilhop of Dur-
ham, in 1 153, Jan, ao.

1 hina

ENGLANDANDSCOTLAND. 99

him his caftles of Durham, Notch Allerton, and Norham. He had improved K^fs^tUM.'

the fortification of the laft named of thefe caftles, which he found in a weak ^...^ »

ftate, by erecting in it a itrong tower*. " 7 *' A

Henry, having thus happily finifhed his work in England, returned with Sacr ar, °" 1 , , i . " s '
great expedition into Normandy, carrying along with him the king of Scotland, p. 722, 7»5-
whom he impriloned firft at Caen, and afterwards at Falail'e. He ibon
obliged the French king to raife the (lege of Rouen ; and being now every
where victorious, he dictated the terms of a peace which he concluded with
the monarch juft mentioned, and with his own rebellious fons ; whom he re-
ceived into favour, and treated with a clemency and generofity of which their
paft and future conduct: (hewed them very undeferving. In the end of the
year, he alio concluded a treaty with the king of Scots, at Falaife -f- ; by which K^, e 8 r th ' vo i j,
that king regained the liberty of his perfon, but as the price of it, brought p/39. '
himfeif and his kingdom to a ftate of vaflalage to the Englilh monarch, as his
fuperior lord; in teftimony of which, he paid homage and fwore fealty to both
the old and young king, laving his fidelity to the former. He engaged, that
the earls and other men of his kingdom ihould acknowledge Henry and his
fon as their liege-lotds-, and alfo, that the Scottifh bifliops, abbots, and other
clergy, fhould render the fame fealty to the Englifh kings, that was given
them by the clergy of their other dominions ; alio, that the church of Scot-
land fhould henceforth yield the like fubjection to the church of England,
that was owing and accuftomed to be rendered by it, in the times of the pre-
ceding kings of England : and it was particularly confented to by fome of the
chief of the Scottifh clergy J, who were prefent at the concluding of this
treaty, that the church of England fhould poflefs that right in Scotland which
wasjuftly due to it: and thefe clergymen allured the two kings upon the
fealty they now profelTed, that they, for their parts, fhould not be againft the
right of the Englifh ehurch. By virtue alfo of the convention now concluded,
the other bifhops and clergy of Scotland were to come under the like en-
gagement. The kings became alfo mutually obliged not to give protection to
fugitives who had committed crimes in either kingdom, and fought refuge in
the other, but to feize them and deliver them up as foon as might be to their
refpective fovereigns, if they did not voluntarily yield themfelves to undergo
juftice in their own king's courts. But Scottifh fugitives in England were to have
their privilege of taking their trial either in England or Scotland. Moreover, the
vafTals of either king were to continue to hold the lands they pofTefled, or had
a right to poflefs, in the dominions of the other. For injuring the obfervation
of this convention, the king of Scotland delivered for himfeif and his heirs,
to the pleafure § of the two Henrys and their heirs, the caftles of Roxburgh,

Berwick,

• This was probably the Donjon of this fortrefs, the gre ateft part of which ftill remains.

+ This peace was concluded (according to De Diceto) with the Englifli monarch, by the advice
of the bifhops, abbots, earls, and barons of William's kingdom, who, in np fmall numbers,
came to vifit their mailer in his bonds.

% Thefe were Richard bilhop of St. Andrews, Richard bifliop of Dunkeld, Geoffrey abbot of
Dunfermling, and Herbert prior of Coldingham.

§ Liberavit in mi/ericordia I omini rtgis. Bened. Petrob. in the beginning of bis hlftory of

O z th«

ioo THE BORDER-HISTORY OF

Henry it. Berwick, Jedburgh, the Maiden Caftle, and caftle of Sterling; for the ex-

K. of fcnghnd. i_- i n i-

• pence or guarding which caftles the king ot Scotland was to affign a fuffi:ient
H74- lum, to be fixed upon by the Englifh monarch. There were alfo delivered as
hoftages for the fulfilment of thefe conditions, David the king of Scotland's
brodier, and * twenty befides of the earls and barons of his kingdom. As
foon as the caftles fhould be delivered to the Englifh, the king of Scots and
his brother David were to be fet at liberty •, and the earls or barons who were
hoftages, might alfo then have the fame privilege, upon each delivering in his-
own room, his lawful fon or neareft heir. The king of Scotland, with his
barons, did alfo faithfully promife, to oblige the Scottilh bifhops, barons, and
other vaflals, not prefent at this convention, to pay the fame homage and
fealty to the Engiifh kings, that they themfelves had now done ; and that any-
of the barons and vaflals not prefent, of whom it fhould pleafe the Englifh
king their fuperior lord to require hoftages, fhould immediately render them.
Finally, the bifhops, earls, and barons agreed, that if the king of Scotland
fhould violate his fealty to the Englifh kings, they would take part with
Henry as their liege lord againft the king of Scotland, and all others the
king's enemies-, and that the bifhops fhould interdict the territories of ths
king of Scotland, until he returned to the fealty of his liege-fovereign.
Bpn>P( . lr . In fulfilment of this treaty the Scottifh hoftages be.ng delivered in Nor-

r>. in, "4. mandy, William, three days after, paffed over into England, and remained there
GoiTNoib? 5 " a prdbner at large, until the caftles were, according to the treaty, delivered to
1.2. c. 38. thofe appointed by the Englifh king to receive them. In the beginning of
lCet °' c ' 5 5 ' the following year, the Scottifh king and his- brother David returned into their.
a. d. 117;. own country. The king of England and his fon came over from Normandy
in May, and on the 10th of Auguft following, the king of Scotland came to
them .at York, accompanied by almoft all his prelates, earls, barons, and free
tenants. Every one of thefe, by order of their king, did, in the cathredal
of that city, fwear homage and pay allegiance to the older and younger
Henry; William himfelf, and his brother David having fet the example. Every
thing elfe was alfo performed, that the treaty of halaife required ; and the
written treaty itfelf was publickly read, ratified, and fealed. There is no mention
made after this tranfaction, of the king of England's having either pofTeffed
or reftored the caftles of Jedburgh and Stirling. By the article of the treaty
which ftipulates the furrender of the caftles, Henry feems to give hopes of
not detaining them all. And probably the exactnefs, with which the king of
Scotland and his people fulfilled fo disagreeable a bargain, moved Henry to
give a proof of his generofity, by reftoring two of the five caftles that were

the late war, gives a lift of the caftles pofll-fl'ed by William king of Scotland, containing the five
now furremlered, and the caftles of Annan and Lochmaben, which he adds, were the caftles of
Robert de Brus. Ben. Petrob. vol. i. p, 54.

' Trif le were the earls Duncan, Waldeve (earl of March or Dunbar), earl Gillibert, and the
carl of Angus, Richard de Moreville conftablc, Nes fon of William, Richard Cumin, Walte.-
Corbet, Walter Olifard, John de Vals, William de Lindefey, Philip de Coleville, Philip do
Valognes, Robert Frenbeir, Robert de Gurneville, Hugh Giffard, Hugh Ridel, Walter de
Bercherley, William de Hai (Haia), and William de Mortimer,

yielded

ENGLAND AND SCOTLAND. lot

yielded to him. How, and at what time, the other three were recovered, wi "\. , * e u " n '

*..«•••• r r • K. of aco'.laiid.

will appear in the progrels or our narrative. .___/

In this manner did Henry clearly and folemnly eftablifh his feudal fove- «7S-
reignty over the king and kingdom of Scotland : but what related to the fub-
jection of the Scottifh church to that of England, was ftill, both by the treaty
and the engagement of the Scottifh clergy at York, left ambiguous and in-
definite. All that was ftipulated or fworn, was the fubjection that was due and
accuftomed in the time of the king's predeceffors. It is probable, that Jlcnry
was cautious of giving offence to the Pope, by pretending to determine what
belonged to the cognizance of the holy fee. Perhaps alio, what he had filter-
ed from prelatical ambition, made him unwilling to enlarge the power of
either of the Englifh primates by extending it over Scotland. At the fame
time, that he might not feem to neglect thejuft claims of the Englifh church, Ben. Petrob.
he fummoned the Scottifh king, together with the heads of the clergy, to H tcd.'p. 5S o.
attend a great council, which was held in the following fummer at Nor- D 6
thampton. He there required the Scottifh clergy, agreeably to their fealty
and oath, now to render or declare the fubjection they owed •, and which, in
the times of his predeceffors, was accuftomed to be given to the church of
England. But the Scots anfwered, that their predeceffors had never paid any
fubjection to the church of England, and that they owed no fuch fubjection. In.
anfwer to this, Roger archbifhop of York affirmed, that the prelates of Scot-
land, particularly thofe of Glafgow and Whithern, had been fubject to the.
metropolitan church of York, in the times of his predeceffors. He alfo pro-
duced * papal bulls in fupport of his right. But this claim of York was
violently oppofed by Richard archbifhop of Canterbury, who affirmed, that
the Scottifh church owed fubjection to the church of Canterbury •, in con-
fequence, no doubt, of the ancient grant of primacy, over all the Britifh
churches, made to Auftin by Gregory the Great. This ftrife of the Englifh
prelates being above the decifion of the king and his council; the Scottifh
clergy were allowed to return to their own country, as free as when they left
it. William and his bifhops did, on this occafion, fecretly apply to Pope Alex-
ander for his protection againft the pretenfions of the Englifh church ; and
requefted him to fend over one of his cardinals' to take cognizance of the l68 > *"•
difpute. The Pope fent Vivian as his legate to Scotland, Ireland, Norway,
and the Ifles adjacent : but Vivian having landed in England without licence
from king Henry, was obliged, before he was allowed to proceed farther, to
fwear, that he would not, in the courfe of his legation, do any thing preju-
dicial to Henry and his kingdom. He acted very arbitrarily, and committed
great extortions in Scotland, which were probably the more ealily borne, with
the view of gaining his favour and that of his mailer in the queftion now
depending. From Whithern in Galioway, he paffed over about Chriftmas to
Man, and thence to Ireland. In the following fummer he returned from Ire-
land, by the v/ay of England, into Scotland, and held a council of the Scottifh

* There are feveral bulls of this kind in Dugdale s Mortaft. vol. iii. Sir James Dalrymple gives
a diilinct account of the difputes on this head. Colled, p. Z98, 336.

clergy

Ben. Petr.
P- '37, '44*

, 02 THE BORDER. HISTORY OF

Henry h, clergy at Edinburgh *, in which fome decrees were made relating to the dif-
K^of England. cipline of the cnurc h. But the reftraint he had been laid under by Henry
""1176." hindered his giving any decifion in favour of the liberty of the Scottifh
church. Soon after, a violent and tedious ftrife arofe about the fucceffion to
the bifhopric of St. Andrews ; in which the fee of Rome fupported John
Scott, who waseledted by the chapter againft Hugh the king's chaplain, who,
on the nomination of his rcyal mailer, had been confecrated by fome of the
Scottifh biihops. On the compofing of this ftrife, and while Scotland ftill
remained in vaffalage to the Englifh king, a bull was obtained from Pope
a. D. 118?. Clement III. declaring the immediate dependency of the Scottifh church on
Hoved. P . 6 S i. t]ie £ oman f ee> w i t hout any intervening fuperior •, and that if any writings had
been obtained from former Popes, contrary to this liberty, they fhould be of
no prejudice to the Scottifh king or kingdom.
Ben Petr- At a general council of the prelates, earls, and barons, of his kingdom,

P.V03. which the Englifh king held at Windfor in the year 1177, it was refolved to

Ho»eJ. P . 566, remove f ome f tne prefent keepers of his caftles, and to put them into the
hands of certain knights of his court. Accordingly, the caftle of Roxburgh,
which had been in the keeping of Roger archbifhop of York, was committed
to William de Stuteyille, Edinburgh caftle to Roger de Stuteville, the caftle
of Berwick to Geffry de Neville, and the caftle of Norham, which had been
kept by Roger de Cunieres, was now imrufted to William de Neville. Ac
this time, the bifhop of Durham, who laboured under the king's difpleafure for
his behaviour in the late troubles, endeavoured to conciliate his favour by
making him a prefent of 2000 merks. In return, the king fuffered his caftles
to Hand, excepting that of North Allerton, and made a grant of an eftate to
Ben.^Patr. ^ ^ on g ut not j on g a f tcr? the king having afTembled at Winchefter his
military tenants, among whom was the king of Scotland, in order to ac-
company him into Normandy, it was refolved, with the advice of his council,
that he fhould not reftore to the bifhop his caftles of Durham or of Norham.
But the keepers of them were made to fwear upon the relics of faints, that
upon the event of the king's death, they would give them up to the bifhop,
on receiving orders from Richard de Luci, or the bifhop of Winchefter, or
the bifhop of Ely ; and if the bifhop fhould die, they would reftore the caftles
to St. CuthWert's church at Durham, that fo the rights of that church might
not be impaired. The keepers of the fame caftles alio fwore, that wherever
they found robbers or other ctiminals in the territories of the bifhop of
Durham, they would feize them and bring them to juftice.

A moft entire harmony appears to havefubfifted between England and Scot-
land during all that remained of Henry's reign after the peace of Falaife.
Kin"- William with his nobles and prelates did often attend the great councils

* In this council the claim of the archbifliop of York was, in fome degree, condemned by the
•fufpenfion of Chiillian bifhop of Whithern, who refufed to come to the council of Edinburgh ;
under pretence that his fee belonged to the legation of the archbifhop of York, who was papal
leeaie in his own province. To this province, Chriflian pretended that his bilhopric belonged;
he himfelf, and as he alleged, his predeceflbrs, having received confecration from the archbifliop of
York.

F. zzy.

ENGLAND AND SCOTLAND. 103

of England, that were fummoned from time to time, to treat of the affairs w!u - the Uon .

K. of Scotland.

of the kingdom. Nor doth it appear, that William did ever after confpire in

council or action with the kings of France, or Henry's fierce and incorrigible 1185.

fons, in their frequent contentions and wars with the Englifh king; at the

fame time, Henry appears to have treated his vaffal with lenity and generofity.

On the death of Simon de St. Lis, the third of that name, earl of Hunting- B( " n - Petr <

ton, without iffue, he reftored the earldom to the Scottifh king ; who im- ' 3j '

mediately gave it to his brother David. Henry alfo bringing over from

France a near kinfwoman of his own, Ermengard, the daughter of Richard, chwi. M«a>.

vifcount of Beaumont le Roger *, gave her in marriage to the Scottifh king. c . 4go

The nuptials were celebrated at Woodftock («), where Henry, on that oc- B "• Pctr -

cafion, gave the ufe of his palace to the royal pair; himfelf retiring to an ^) 4 a d'*!*?.

houfe in the neighbourhood. He alfo, at this time, reftored to William his $e ? u s-

caftle of Edinburgh, on condition of its being made a part of the -f jointure

of the young queen.

In the fummer of this year, Henry led a great army to Carlifle, and with b™ Petn
the concurrence and aid of the Scottifh. king, fettled the affairs of Galloway, p« ** 8 > 449»
obliging Roland the fon of Udtred, to be content with the fhare of that pro-
vince which had belonged to his father. Gilbert the uncle of Roland, had
cruelly murdered his own brother Uclred, and feized his part of Galloway,
during the captivity of king William. But William, foon after his return to
his kingdom, fubdued Gilbert, and carried him into England ; where, on
fwearing homage to Henry, and giving his fon for an hoftage, the part of
Galloway, which he at firft poffefTed, was reftored to him. On the death of
Gilbert, which happened in the year 1185, Roland feized his lands, and thofe
of fome barons who had been in his interefts, having defeated and killed their
poffefibrs, and being a great warrior, made a brave (land in defence of what
he had acquired. But being now overwhelmed with the force of both king-
doms, he was brought to Henry at Carlifle, by the king of Scotland and his
brother David, (they, together with Ranulph de Glanville and Hugh bifhop
of Durham, giving him fecurities for his fafe return to his own country) and
was obliged to confent that the claim of Duncan to his father Gilbert's part
of Galloway, fhould be determined in the court of the king of England t.

The grievous diftrefles of the Holy Land, and above all, the taking of Je-
rufalem by the victorious Saladin, moving the pity and kindling the indignant
zeal of the Weftern princes and their fubjetts, produced a new croifade. In a. d. ujs.
order to this, Henry and Philip, the young and ambitious monarch of France,
agreed to fufpend their quarrels ; and they both received the Crofs from the
hands of the archbifhop of Tyre, who was the meffenger of the difmal tidings
of the calamities of the Eaft. The two kings agreed to tax their dominions,

'£2** «^..»N.>-. tv v»*.m IIIVU ti^uiiiuuilj.

• Her father Richard, was the fon of Rofcelin by Conftance, a natural daughter of Henry I,
•f- The remainuer of thi^ jointure was an yearly revenue of ido merks, and forty knights fees.
J According to Fordun, Roland was much in favour with the king of Scots, and by a commif-
fion from him, purfued with arms Gdlecolm a cruel and df fperate leader of banditti ; who, after
infelting and ravaging the country of Laud^n a, where he fpoileil and murdered fome noble barons,
pafied thence into Galwegi.i, and ftized the lands lately poffefTed by Gilbert. Roland attacked him
there, and put him to death with a great number of his followers. Ford, 1. 8. c. 39, 40.

for

io4 THE BORDER- HI STORY OF

•K^EnJL. *" or defraying the expence of the intended expedition. A tenth of all revenues

<^ - — i and moveables, called, from the particular occafion of impofing it, the Saladin

Ben V*"' Tenth vvas to be levied both from the clergy and laity. Henry having fettled

p. 514. ' this tax in a great council in his own kingdom, fent Hugh biihop of Durham,

and fome others of his courtiers, both clerks and laicks, to collect it in Scot-
land. William had lately offered to Henry 4,000 merks for the redemption of
his caflles. Henry now gave him hopes that his offer would be accepted, if
William would grant him the tenths of his dominions. The king of Scotland
declared his willingnefs to make this grant, if he could perluade his vaffals to
confent to it. And upon the arrival of the biihop of Durham with his attend-
ants, the king met with them at Bngham *, in an aiTembly of his bifhops,
earls, barons, and a very great multitude of inferior vaffals. The king of
England's ambalfadors having made known their mailer's demand, the Scottifli
king after confulting the afiembly juft mentioned, anfwered, that he was not
able to prevail with them to give the tenth ; and they at the fame time anfwer-
ed for themlelves, that they would never pay the tenth, although both the
king of England and their own king had fworn they Ihould. The Englifh
commiffioners laboured much, both by Toothing and threatening words, to carry
their point, but all was to no purpofe. They returned to their own country
wholly frultrated of their errand ; and fent advice to the king, who was then
in Normandy, of the anfwers they had received from the ScOttim king and
his iubjects.

The king of England, in the midfl of his preparations for the projeded
croilade, was obliged to go over to France to defend his dominions there,
againft the affaults of the French king ; who had not only violated the late
truce, but had feduced Richard, Henry's fon, from his duty and al-
a. d. 1189. legian.ce to his father. A new truce procured a fufpenfion to thefe hofli-
lities ; but they broke out again in the following fummer. Henry's health
was now much impaired, many of his vaffals bafely abandoned him ; and
being fuddenly attacked by Philip and Richard, two princes eminently brave
and in the full vigour of youth, he was driven to fuch extremities, as obliged
him to fubmit to the conditions of a peace dictated by the French monarch.
To complete his wretchedneis as a parent, his youngelt and favourite fon John
deferted him, in the midfl of his dillrefs, and went over to his enemies. Such
an unufual load of calamity was thought to have hallened the death of this
great prince; which happened two days after his figning the peace with Philip.
Richard, having fucceeded his father in all his dominions, immediately
turned his whole attention, to prepare for an expedition to the Holy Land •, to
which he had engaged himfelf by taking the Crofs before his father's death.
Not content with the money his father had collected for this enterprife, he'
fought to increafe it by all the methods he could devife. He expofed to

* According to Hoveden, William met the Englifh ambaffadors between Waik and Bngham
(now Birgham) and not allowing them to eiv.er hi.- country to collect the tenths he offered to give
the king of England 5,000 merks, for the tenths and redemption of his callles, which Henry
-reiiifed to accept. Hoved. p. 642.

fale

ENGLAND AND SCOTLAND.

105

Wll the Lion,
K ofSciiLind.

Hove:. Bcntd.

fale the great offices of his kingdom, his caftles, towns, and demefne lands *,
without regarding the injury he did to himfelf and his fucccffbrs One of
the moll eonfiderable bargains or" this kind, was that which he nude- with
Hugh de Ptidley, bilhop or* Durham, to whom he fold the earldom of Nor-
thumberland j for his life, together with the honour of Sadberg to the bilhop
himfelf and his fucceffbrs, for the lun of 11,000/. The bilhop had amaffed
this fum to defray his own expence as a croifader; but the Pope having grant-
ed him an absolution from his vow, he laid out his money in the put-chafes
above related. The fame bilhop was in fo much favour with Richard, that he
was joined with William L.ongchamp bilhop of illy, in the charge of julti-
ciary of the kingdom during the king's abfence. The latter had the charge of Cene(1
the fouthern provinces; while the former was charged with thole on the north
of the Humber. But for this dignity the bilhop paid a further fum of 1,000
merks.

The hiftory of thofe times affords many inftances of kings and great lords
making fale of privileges and exemptions, both to individuals and communi-
ties, in order to defray the immenle expences of their croifades ; and the
increafe of liberty thence arifing, was one of the advantages of thefe abfurd
enterprifes, that ferved, in fome degree, to balance the many evils that at-
tended them. A remarkable example of this kind is afforded in the king of
Scotland ; who embraced the preient occafion of redeeming his kingdom
from the fubjecYion into which it was brought to the crown of England, in
confequence of his captivity in the year 1174. The terms of this redemption Hoved. p. 66*.
being probably agreed before, William was, by order of the Englifh monarch, B '"' £ etT *
met at the Tweed, by Geffrey archbifhop elect of York, attended by the
barons and fheriff of Yorkfhire •, who received him with due honour, and
conducted him to their king then at Canterbury. There William performed
homage to Richard for the dignities to be held by him in England, in the
fame manner as his brother Malcolm had done to the late king Henry. But
in confideration of the fum of 10,000 merks fterling J, which William did

then

• Hoveden fays, thai the king expofed to file all that he had, viz. Cajlella, ViUas y tt Prttdia.
And Will. Neubr. relates th;t when his friends blamed him for proceeding in this manner, he
told them, *' he would fell London if he could find a proper merchant." Hjved. p. 658. Gul.
Neubr. p. 363.

+ The king faid jocularly on this occafion, " that he had fhown himftlfa wonderful artiit,
in making a young earl out of an old bifhop." Gul. Neubr.

X Hoveden and Bened. Petrob. feem to fay the fum of 10,000 merks was at thjs very time
paid to Richard. Gul. Neubr. fay<, that William promifed this fum, and returning to his king-
dom with difficulty, raifed it by the arbitrary exertion of his royal power (intmintntia regiis fo-
tejiatis). How little the power of a Scottifh king could do in raifing money, appears from Wil-
liam's incapacity to make his people pay the Saladin Tenth. And Neubrig, although a cotem-
porary writer, deferves the lefs credit on this head, that he makes no mention of the relaxation
granted to William of his homage. It is probable, that this relaxation would appear fo general ia c< S> an<1 >4
and interefting a concern, that the different orders of men in Scotland would readily contribute
what they could to purchafe it. An authentic evidence remains of the houfes of the Ciftsrtian order
of monks, contributing liberally on this occafion of their own free ivill; thefe houfes being ac-
counted fo facred in that age, as to have obtained an exemption from all public taxations. This
evidence is a charter in which William declares, that what they had freely done on this Angular

P and

113 meaning

This

of imminentia
appears from
comp tring its life

io6 THE BORDER-HISTORY OF

Richard I. t h en p a y 5 Richard reftored to him the caftles of Roxburgh and Berwick, to

^_J^ ' be held as rights of inheritance by himfelf and fucceflbrs, and alfo freed him

11-9 and his heirs, from all allegiance and fubjection of the kingdom of Scotland

to the crown of England; in teitimony whereof, Richard gave William a
j,/^' 1 " '' charter, the original of which is ftill preferved in the Englifh archives. This
charter declares, that the pactions or conventions, by which William became
bound to the Englifh king, for any thing more than what had been rendered
by his brother Malcolm, had been extorted from him by his captivity ; that
the charters thus obtained from William were now reftored, and if any of
them by neglect mould be retained, they are declared to be of no validity.
The king of England agrees to perform whatever his predeceflbrs did of right
perform, or ought to have performed, refpecTmg the king of Scotland's
coming to the court of the king of England, his tarrying in it, or returning
from it, alio, with regard to all provifions *, liberties, dignities, and honours-,
that fhould be found and pronounced due to the Scottilh king, by four
Englifh nobles nominated by the king of Scotland, and as many Scottifh
nobles nominated by the king of England. The allegiances of the king of
Scotland's vafTals that were paid to the late king Henry, are declared to be
reftored, and the king of Scotland now became Richard's liege-man, and
fwore fealty to him and his heirs for all the lands which William's predeceflbrs
held of the predeceflbrs of Richard. Befides the articles above related,
which are the moft material, there is one refpecling the marches of Scotland ;
concerning which, Richard declares it to be his pleafure, that if any of his
vaflals had unjuflly ufurped any part of thefe -f marches, after king William
became his father's prifoner, they Ihould be completely reftored, and put into
the ftate in which they were before his imprifonment.

Six days after the date of this charter, Richard left England; paffing over
to his dominions in France, in order to prepare, in concert with the French
king, all things for their great expedition. Thefe two monarchs fet out about
the middle of the following fummer, at the head of numerous and well pro-
vided armies. Various accidents retarding them, Philip did not arrive on the
coaft of Palefline, until the month of April, nor Richard, until June in the
following year. As neither of thefe princes poflefled much of the humility
and meeknefs becoming pilgrims, a bitter ftrife arofe betwixt them in the
ifland of Sicily, where they both fpent the winter; and though this feemed to
be healed by a treaty they entered into before they left that ifland, there re-
mained an animofity, which, afterwards breaking forth on various occafions,

and extraordinary occafion fhnuld not be made a precedent for infringing their liberties, or im-
pofmg fuch a burden upon them in any future inltance. App. to Anderfon's Independency of
Scotland, No. zi. Id. Diplom.

* Et in prooirationibus, et in omnibus libertatibus, tt dignitatibus, it bonoribus, cidem jure
dibit is.

Proeuratio, as ufed afterwards in Hoveden, p. 738, relating a ftrife between the king of Scotland
and b.lhop of Durham, plainly fignifies provifion, for eating and drinking, or entertainment.
Hence probably the Englifh term iuwtyar.ee.

f This article is general; no mention being made of any particular place. The pofll-flion
which the Englifh had of Berwick and Roxburgh, might naturally lead them to fuch encroachments.

I was

A. D. 1190.

A. D, 1191.

ENGLAND AND SCOTLAND. 107

was a principal mean of defeating the fuccefs of their great enterprife. ^^Scotial"/'

Richard was not lefs unfortunate in the companion of his expedition, thin in , _ _',

the delegate he had left behind him, to adminifter the affairs of his kingdom. i»9>-
Longchamp bilhop of Ely, being not only judiciary over the principal part of
the kingdom, but being alio chancellor of England, and papal legate to
England, Wales, and Ireland, difdained to dure his power with any other ;
and therefore, when Hugh bifhop of Durham arrived from Normandy, where Ben. Petr.
he had gone to attend the king ; and brought with him a royal commilfion, Ho»L 7 .' 6 . 9 66 -
appointing him judiciary over the counties to the north of the Humbsr-j his 667.
fellow-jutticiary having decoyed him to London, committed him to prifon ;
nor could he regain his liberty, until he had refigncd to Longchamp, the
caftk of Windior with its dependencies, which the king had put into his
hands, and likewile the city of Newcadle, with the earldom of Northumber-
land and barony of Sadberg. Hugh was farther obliged to give his fori
Henry de Pudley, and Gilbert de Laya, for hodages. He was alio confined
as a prifoner to his manor of Hoveden •, and when, on complaining of thefe
injuries to the king, he obtained a mandate from him before he left A'larleilles,
for the reftitution of his earldom and Sadberg, the juiticiary would not obey;
pretending, that he had a more certain knowledge of the king's will than
could be conveyed to him by written orders.

Thefe beginnings of Longchamp's adminiftration were followed by a
feries of violent and oppreffive meafures, which foon made him odious and
intolerable to all. John count of Mortaigne, who, by the liberality of the
king his brother, poffefTed many honours and edates in England, having con-
voked at Reading an afiembly of the great men of the kingdom ; the office
of judiciary, was by their authority taken from Longchamp, and committed
to Walter archbifhop of Rouen, who exercifed it with wifdom and modera-
tion. Mean while Richard fignalized himfelf in the eaft by the braveft ex-
ploits-, the effect of which was in a great meafure difappointed by difcords
among the fierce adventurers, and by the great qualities of their antagonist
Saladin. Richard's molt dangerous enemy, Philip, foon left him, and re-
turned to his own kingdom. One of Philip's principal views in lb hafty a
return, was to attack Richard's French provinces during his abfence-, although
he had bound himfelf by the molt facred engagements to a contrary behaviour.
After fighting fixteen months in Paleftine, and filling all the eaft with the fame
of his great exploits, the Englifh king giving ear at lad to the reiterated calls A 'oa', ^h.*'
of his faithful fubjects, let out on his return. But attempting to pafs thtouorh
Germany, as being the way leaft expofed to danger, he fell into the hands of
Leopold duke of Auftria, whom he had affronted at the fiege of Acre or
Ptolemais, and by whom he was fold to another of his foes, the Emperor
Henry VI. The Emperor detained him a prifoner more than twelve months ;
while the French king improved the opportunity to invade his provinces, and
diftreis his kingdom -, in which work he was affifted by Richard's worthlefs
brother John. But the bulk of his fubjects continuing faithful, a vaft fum
was railed, by taxes and voluntary contributions, to be paid to the Emperor as

P 2, his

io8 THE BORD ER-HISTO R Y OF

K^EmUnd ^ s ran ^" orn » an ^ being thus reftored to his liberty at Mentz, he returned with

^J J. ! all the expedition he could to England.

a. d. 1194. His firft care was to recover the caftles of Nottingham and Tikhill, that

were held out againft him by the dependants of his brother John. This be-
ing eafily accomplished, he held a council at Nottingham, in which John was
April i. forfeited for his treafon and rebellion. On the lalt day of this council, the
Hovcd. P . 737, j^g f Scotland came to him, and accompanied him in his return to the
more fouthern parts of his kingdom. A few days after their meeting, the
Sccttifh monarch, probably pleading the merit of his peaceable and friendly
behaviour*, during Richard's abfence and fufferings, demanded from him the
dignities and honours, which his predeceffors had enjoyed in England. He
alio afked the reftitution of the earldoms of Northumberland, Cumberland,
Weftmoreland, and Lancafhire, claiming a right to them, derived from his
anceftors. Richard promifed to advife about thofe requefts with his earls and
barons ; and, after doing fo, told William, that he ought by no means to have
afked of him the reftitution of Northumberland ; efpecially at the prefent cri-
tical time, when he had fo many enemies in France : for if he fhould now com-
ply with William's requeft, it would be conflrued to proceed more from fear,
than real friendship. However, in fulfilment of what was more exprefsly
ftipulated in the deed of releafe from homage, granted four years ago to Wil-
li r, Y0 ^ . liam and his kingdom, Richard confented to give him a charter, confirming
t. *7. to himfelf and his heirs, the liberties and rights poffefTed by his anceftors in

their attending the court of the kings of England, and in their way to and
from it. A daily penfion of money, to be paid by the fherifTs of the counties
through which they palled, was hereby affigned them, while on their journey,
and during their refidence at the Englilh court; befides an allowance of money,
they had a portion appointed them of bread, wine, candles, and fpices. On
the limit of the two kingdoms, they were to be met by the bifhop of Durham,
and the fheriff and barons of Northumberland, who were to be their efcort to
the Tees. The archbifhop of York, and the fherifTs and barons of Yorkfhire,
were to receive them at that river, and to conduct them through their county
to the next ; and thus they were fucceffively, by the bifhops, fherifTs, and
barons, in each county, to be conducted on their way to the king : and the
like attendance was to be given them in their return. Full liberty and protec-
tion was alfo granted for conveying to the courts of the king of England, fuch
fugitives as, being charged with felony, claimed to have their trial in thofe
courts.

Richard having, in order to efface the difhonourof his captivity and impri-
fonment, appointed the folemnity of his coronation to be renewed at Win-
chefler, the king of Scotland remained at his court ; and, on that occafion,
iuftained the part of the higheft of his lay-vafTalsf. In the interval William

* Fordun fays, That William fent 2000 marks to afliit in paying Richard's ranfom, Ford. 1. 8.
c. 5 5. And the Chronicle of Mailros fays, That William fent this fum ficm Roxburgh in 1 193.

f The king of Scotland, in the proceflion, bore a fword before Richard, being fupported by the
carl of Warren on his right, and the earl of Chefler on his left hand ; each of whom alfo bore

Hoved. p. 739.

(Words. Hoved.

received

ENGLAND AND, SCOTLAND.

received fome rude treatment from the bifhop of Durham ; for which the
haughty prelate underwent a fevere chiding from the king. Two days after
the coronation, the fame bifhop, willing to prevent a demand, which he laid
his account with being made, did voluntarily refign into the king's hands, the
earldom of Northumberland, with its caftles and other appendages -, all which
the king commanded him to deliver to Hugh Bardolf. This prefented a new
opportunity to the king of Scotland, of endeavouring to recover what he de-
fired fo earneftly: and Richard being at this time no lefs intent on raifing
money, nor more fcrupulous about the means, than when he was preparing
for his croifade, William thought it proper to offer him fifteen hundred -j- merks
for the county and caftles. Richard, by advice of his council, confented to
give him, for that lum, the county, retaining the caftles in his own hands.
But William would have both the one and the other. In a few days after
William left the Englifh court •, having, the day before he fet out, made a
new effort to obtain his demand : but Richard continued firm in his refufal to
deliver him any caftles. He gave him, however, fome hopes of granting his
requeft, after his return from Normandy; and, on thefe terms, the two mo-
narchs parted, never again to meet ; William returning to Scotland, and Ri-
chard, a few weeks after, palling over to Normandy.

The remaining five years of Richard's life were fpent on the continent,
where his paffion and talents for war found fufficient employment, in repelling
and revenging the attacks of the French king, and of his own rebellious vafTals.
During the greateft part of this time, Hubert archbifhop of Canterbury was
his jufticiary in England. This prelate, on the Chriftmas of the year 1195,
did, by his matter's order, hold a conference with the king of Scotland at York :
the fubject whereof was a new method that had been propofed for William's
obtaining the reftitution of the northern counties. This king had lately
laboured under a tedious illnefs at Clackmannan ; during which he had ap-
pointed Otho J, fon of Henry duke of Saxony, and fitter's fon to the king of

109

Will, the Lion,
K. of Scotland,

1194.
Gul. Neubr.
I. 5. c. 1,

April 22,

AViqua Ciftsltc.
Hovcd.

Mjy I3<

Hoved 757.759,
A. D. 1195.

Ford. J. 8, c. j?.

■f- Hoveden has fifteen thoufand, but when '.ve attend to the fum that William paid for the re-
demption of the liberty of his kingdom, and reftitution of Berwick and Roxburgh, and alfo the offer
that the bifhop of Durham made at this time for the county and caftles, it cannot be more than
one thouland five hundred, and fo Carte calls it.

The bifhop hoping to avail himlelf of the king's neccffities, and refolving to outbid the king of
Scotland, fent a mefienger to Normandy, to offer the king two thoufand merks, for allowing him
to retain the county, with its caftles, which were thofe of Newcaftle and Bamburgh. And "when
Bardolf came to demand of him the county and caftles, he put off the rellitution of them until the
return of his meffenger. Tlie meffenger returning, brought letters to Bardolf, directing him to'
deliver to the bifhop the county and caftles, upon the bifhop's giving him fufficient fecurity for the
payment of two thoufand merks. On receiving thefe letters, Bardolf again demanded the county
and caftles ; promifing that he would obey the king's mandate, by re-delivering them, on the
bifhop's making himfecure of the payment of two thoufand merks: the bifhop replying, that it was
needltft to give them up in order to a redelivery, they being already in his hands. Bardolf notified
this anfwer to the king, who, being much provoked, commanded the bifhop to be diifeited of the
countv and caftle-, and two thoufand merks to be exacted from him as a fine. In the fame fit of
wrath he alfo ordered the refumption of the manor of Sadberg, which he had granted to St. Cuth-
bert and the church of Durham, at the fame time that he fold the bifhop the earldom. Hoveden,.

P- 743-

j Otho was afterwards emperor of Germany, the fourth of that name.

England,

no THE BORDER-HISTORY OF

Riciur<i i. England, to fucceed him in his kingdom, on condition of Otho's taking to
K.ofEggtaha. w . fe h - s firftborn daughter Margaret*. But although the king obtained the
1 195. content of the greater part of his nobles to this Settlement, it was oppofed by
earl Patrick and many others ; who alleged, that it was not the cuftom of the
kingdom of Scotland, that the crown Should defcend to a female, while the
king had a furviving brother or nephew. William, afor recovering from his
illnefs, came to York to treat with the king of England's delegate, about con-
tracting the propofed marriage. The conditions of this contract, which Wil-
liam had agreed with Richard, were, that William mould, with his daughter,
give Otho all the country, then known by the name of Lothene f •, that the
king of England fhould fettle on Otho and his wife, and their heirs, Nor-
thumberland, and the county of Carlisle; and that the king of England fhould
have the keeping of all Lothian, with its catties ; and the king of Scotland the
keeping of the two Englifh counties, with the caftles in them. But the queen
of Scotland being then with child, William, in the hopes of her bearing a
fon J, refufed to fulfil the convention he had made.

Notwithstanding the failure of this, and the reft of William's projects, for
recovering what his anceftors had poffeffed in England, yet his perfonal friend-
Ford. 1. 8,c 55. fhjp for Richard § preferved an undifturbed peace between the kingdoms.
During the reign of Richard, the two nations, according to Fordun, teemed
one people •, Englishmen travelling at pleafure through all the corners of Scot-
land ; and Scotchmen, in like manner, through England ; carrying with them
their gold or merchandises in perfect fafety. This peace, which William cul-
tivated with England, made him more able to reduce to obedience his fierce
fubjects in the North. Rebellious commotions being excited by Harold, earl
a. D. H96, of Caithnefs, and his fons, he led an army againft them in two fucceSfive years ||;
"9 7 - in the latter end of which he took Harold, and committed him a prifoner in

Ford. I. 8. c. 59.

Chron. Mailri

Ford 1 8 e (6, * According to Fordun, Margaret was his daughter, born to him by the daughter of Adam de
Hitufon, whom he does not call William's queen. All his nobles being aifembled at Clackmannan,
fwore fealty to Margaret as his true heir, unlefs he mould have a {on by his queen Ermengard.
Hoveden call; Margaret his firft-begotten daughter, without faying whether Ihe was legitimate, or a
baliard. Eut no other queen of William is mentioned by any hlitorian, except Ermengard. The
Chronicle of Mailros fays, That William gave his daughter Margaret, whom he begot of the
daughter of Adam de Hythufum, in marriage to Eufiace de \'eky, at Roxburgh, but places this
marriage in 1 193 ; and makes no mention at all of William's fettlement of his fuccefiion at Uack-
mannan, or of the treaty for marrying her to Otho.

f Hoveden's word is Locnais, a corruption of Lothene, or Lodoneum. His meaning is evident,
from his ufing the fame name to exprefs the country adjacent to the caftle of Wark, in p. 642. The
contiguity affo of the country between the Tweed and Forth to Northumberland, made the whole
a convenient territory, or little dominion for Otho and his wife Margaret.

\ But William had not this happinefs, until the year 1 198, Aug. 24., when Alexander II. was
born, to the great joy of the whole kingdom. Ford. ). 8. c. 59,

§ Fordun compares them to David and Jonathan. Piobably there was a great fimilarity in their
characters. There certainly was, if thefe characters were jutlly exprelfed by the firoames their co-
temporaries gave them. Richard was called the Lien's Heart, William the Lion.

H It is rema'kahle that Fordun fays, That the king returning from his expedition irto Caithnefs,
remeavit in Scctiamfuam; Ilearne's edition has it in Scotiam: this ferves to confirm Goodall's hy-
pothefis, thst Ergadia, in its ancient fignificaiion, comprehended all the weftern and fouthern High-
lands, while the country, to the «ail of the hills, and river Spey, as far as the Fitth of Forth, was
croperlv Scotia.

v the

ENGLAND AND SCOTLAND. m

the cattle of Roxburgh ; where he remained in cuftody till he made his peace w«u. the uon,
with the king. But though he left his ion Torphin an- hoftage for his fidelity, ° -° *°j
he again rebelled; and thereby occafioned fuch cruelties to be exercifed on M.97.
Torphin -j-, as brought his life to a miferable end in prifon.

The king of England was beginning, in the laft months of his reign, to en-
joy fome relpite from his warlike toils, in confequence of a truce of five years,
concluded with the king of France, by the mediation of a legate from the
Pope. But a prince of fo fierce a fpirit could not, in that age of war, long-
want an opportunity of fighting. An hidden treafure being difcovered in the
territories of the count de Limoges, one of his vaflals, Richard claimed it as
lord paramount-, but the count, inftead of delivering it up, endeavoured to
fecure it in the caftle of Chalus, near Limoges •, Richard immediately laid fiege
to the caftle, and when he too rafhly, and not fufficiently armed, approached
it, in order to obierve the fitteft place for making an affault he, received a
wound in his fhoulder by an arrow from a crofs-bow, of which he died a few a. d. uqp.
days after. April *6»

Richard, dying without legitimate offspring, was fucceeded by his brother
John, who pretended to have been appointed by Richard the heir of all his
dominions. The rule that afterwards univerfally obtained, of the i flue of an
elder brother reprefenting him, and being on that account preferred to a
younger brother of their father, was not, in that age, univerially, or firmly
eftablifhed ; although it is certain, that, agreeably to that rule, Richard, on
fetting ouc on his expedition to the Holy Land, had declared Arthur duke of
Bretagne, the fon of his brother Geffrey, his heir. This prince was about
twelve years old when his uncie Richard died ; and fome of the French pro-
vinces immediately acknowledged him as their fovereign. But far the greateft
part readily fubmitted to John; and while he was employed in taking poffef-
fion of the dukedom of Normandy, and fettling his other affairs in France,
Hubert, archbifhop of Canterbury, with William Marlhal, and Geffrey Fitz- Hovcd. p. 703,
Piers, the chief judiciary, men of great influence in the nation, and wholly
devoted to John, had the charge of preferving peace, and fecuring his inte-
refts in England. For this purpofe they gave the ftrongeft affurances to the
chief barons, of John's refolution to maintain their rights, and accompanied
thefe affurances with fuch liberal grants of lands, and lucrative offices, that
they all gave John their oath of fealty, on condition of his making good his
engagements. Fealty was alio fworn by the inferior military tenants, and by-
corporations depending on the crown.

The king of Scotland, being foon informed of John's afpiring to the Englifh
crown, neglected not to feize the opportunity of his lame title, though oppofed
to that of his grand-nephew Arthur, in order to recover the counties of Nor-
thumberland and Cumberland. He therefore difpatched, without delay, mef-
fengers to require, in his name, the reftitution of thefe counties as his patri-
mony ; offering, on that condition, to fwear fealty, and render homage and
fervice to John againft all men. But John's agents, not allowing thefe mefr

f Torphin was deprived of bis eyes and genitals.

fengers

H2 THE BORDER-HISTORY OF

John, fengers to pafs over into Normandy, engaged David, earl of Huntington, to

K.otEneland. ° i • i i r I • Co J r j |- I ■ i

^_ -. _ f go to his brother, the King or bcots, and perluaue him to nave patience until
>'99- the duke of Normandy's arrival in England. Nor did John himfelf neglect

an objed of fo much importance to him, as the preferving of quiet on the
fide of Scotland ; for while he was yet in Normandy, he gave aconmifTion to
William's fon-in-law, Euftace de Vefey, to allure the Scottilh king, that if he
kept peace with him, he would, on his return from Normandy, give him
content in all his demands.
Hoved. P . 793, The confecration and anointing, which monarchs received at their corona-
79*- tion, was, in thole days, efteemed of fo much moment to efiablifh their title

to the kingdom, that John made all the hade he could to pafs over into Eng-
land, in orJer to be thus inverted with the regal dignity. The king of Scot-
Hay 27. land was not prefent at this folemnity •, but Roger, bilhop of St. Andrew's,
who was probably one of the meflengers whom William had difpatched to-
wards John, while yet in Normandy, attended it. This bilhop, accompanied
with Richard de Malebife, was fent by John, immediately after his coronation,
to fummon the Scottifh king to come to him at Nottingham •, and, in the ex-
pectation of William's compliance, * Philip bifhop of Durham, was ordered
to receive him, in the ufual manner, on the frontier of the two kingdoms.
But William, intent on making good his claims, before he rendered the ex-
pected homage, fent other three mefi'engers -f- to John, to make the demands
already mentioned, accompanied with afiurances of faithful fervice, if thefe
demands were granted ; but, in cafe of a refufal, to declare their mailer's pur-
pofe to exert his utmoft power to recover his rights. John was, probably, on
his way to Nottingham, when thefe mefiengers came to him ; and upon deli-
vering their mefiage, he anfwered them, in the mildeft manner, that, on
meeting with his dearefl: coufin, their matter, he would do him right, with
regard to that, and all his other demands. With a view to this meeting he
proceeded to Nottingham, and fpent fome time there, and in the neighbour-
hood, expecting the arrival of the Scottifh king. But William, inftead of
coming himfelf, fent back the bifhop of St. Andrew's and Malebife, to notify,
that he infilled on his former demands ; for anfwering which, he granted the
king of England a truce of forty days, and in the mean time afiembled a great
army. But John had a more formidable enemy on the continent, to which he
returned as foon as he could •, intrulting his frontier provinces, towards Scot-
land, with their caltles, to the keeping of William de Stuteville. The bifhop
of St. Andrew's, and Richard de Malebife, followed John, as he hatlened
toward the fea •, and perhaps carried back to the king of Scotland fome new
promifes, that leemed to footh him, and to hinder him from proceeding to
extremities J.

John,

* Hughde Pudfey, bifhop of Durham, died in 119J, and was fucceeded by Philip of Poidou
(Pittavienfis).

f Thefe were, William, Prior of May ; Walter, Prior of Inchcolm, and William deHay.

j Hoveden fays, That William, purpofmg to lead an army into England, came to Dunfamling
to pay his devotions at the fluine of St. Margaret ; where, fpending the night, he was warned in a
dream, to forbear his intended expedition, upon which he difmifled his army. Hoved. p. 797.

6 In

ENGLAND AND SCOTLAND. 113

Tohn, after his return to Normandy, was employed, during the remainder Wiii.thei.ion,

r J . ' . . , f ' . • /- I ■ ■ 1_ 1 I- II- K.. of Scotland.

or the year, in negociating, and lometimes in righting, with the rrench king, . »

who refented John's taking poffeffion of Normandy, without making any 1199-
acknowledgment of him as his fuperior. Philip had alfo afiumed the protec-
tion of the young duke of Bretagne ; and it was chiefly with the view of de-
priving that prince, his much dreaded rival, of fo powerful a guardian, that
John, in the beginning of the enfuing year, agreed to the terms of a peace, a. d. 1200.
highly advantageous to Philip. He had obliged himfelf, by this treaty, to pay
Philip a great fum of money ; in order to raiie which, he came over to Eng-
land foon after the treaty was concluded. On this occafion he renewed his Hoved. p. 79J.
fummons to the king of Scotland, to attend him at York ; and, in the time of
Lent, went to that city to receive him ; but the Scottilh king again diiap-
pointed him, and John, foon after, returned to Normandy.

During this vifit to his French dominions, John fettled all things with Phi-
lip agreeably to their late treaty. Going afterwards into Guienne, to reduce
to order fome of his mutinous barons, he fell in love with Ifabel of Engou- Hoved. p.Soj.
lefme •, and having obtained a divorce from his former wife, Avife of Glou-
cefter, married Ifabel, notwithftanding of her being affianced to Hugh" count
de la Marche. This excited a refentment in Hugh, that afterwards gave
John no fmall trouble. The king returning with his wife to England, fhe was Ho«d. p. sn,
crowned at Weitminlter, by the archbifhop of Canterbury, and himfelf along 8lt ' oa g
with her, for the fecond time. Immediately after thisfolemnity, he fent dele-
gates * to the king of Scotland, to deliver to him letters patent of fafe con-
duel: ; and to accompany him to his prefence at Lincoln, where he required
him to be on the 21ft of December. Probably John now appeared more for-
midable to William, after having eftablifhed peace with the French king. It
is, however, certain, that William obeyed the fummons given him ; and the
two kings met at Lincoln on the day prefixed. On the day after, they held a DeCi %t ^
conference on a high hill without the city, where, in the prefence of a great
affembly of Englifh, Scotch, and Norm3n barons, William paid homage to
John, for the poffeffions he claimed a right to hold from the Englifh king j
and, upon the crofs of Hubert archbifhop of Canterbury, fwore to him fealty
of life, limbs, and earthly honour againlt all men ; and that he would keep
peace with himfelf and his kingdom, faving his own right. After thus per-
forming his homage, William demanded from his lord/ the kir.g of England,

In this year, 1199, there happened in England, and on its borders, an extraordinary inundation
of waters, which carried away bridges, mills, and houfes. Among the reft, the bridge of Berwick
was deilroyed : and earl Patrick, the governor of that town, and, at that time, judiciary of all
Scotland, having, in obedience to the king's orders, fet about rebuilding it, he was forbidden by
Philip bifhop of Durham, to make it terminate on his land. But no bridge could be built there,
unlefs it terminated on land belonging to the bilhop, as it had formerly done. At lift, by the advice
of William de Stuteville, the bifhop fullered the work to be carried on, with a lalvo of the conven-
tion that had been concluded between the king of Scotland, and Hugh, the prefent bifhep's prede-
ceffor. Hoved. p. 796.

* Thefe delegates were Philip bifhop of Durham, Roger Bigot earl of Norfolk, Henry de
Bohun earl of Hereford, nephew of William king of Scotland ; David earl of Huntingdon, brother
to the fame king ; Roger de Lafci, conftable of Chefter ; Euftace de Vefey, and Robert de Ros, fons-
in law of the Scottilh king; and Robert Fitz-Roger, fheriffof Northumberland. Hoved.

Q_ Northum-

i, 4 THE BORDER-HISTO R Y OF

jnhn Northumberland, Cumberland, and Weftmoreland, as his rightful inherit-

^^__ v __/ ance. But after treating long concerning this demand, and not being able to

neo. agree; the king of England requefted a truce for deliberating concerning ic

until the enfuing Whitiunday. The king of Scotland, having granted this
requeft, fet out, the next morning, on his return to his own kingdom •, to
which he was re-conducled by the fame perfons who had accompanied him to
the king of England. Some difturbances excited in the fpring of the follow-
Ar'aliof.' ing y ear m Guienne by the count of March and his brother, obliging John to
go over to quell them, he drew from this fituation of his affairs, an excufe for
not giving at Whitiunday an anfwer to the king of Scotland's demand of the
northern counties : and before he embarked, he fent three envoys * to William,
to requeft that the term for giving that anfwer might be adjourned till
Michaelmas.

About a month before that term, Conftance, the mother of prince Arthur,
died-, which event gave the king of France an opportunity of taking thac
prince more immediately under his protection, and of obtaining a more entire
afcendantover him. He fupported him in all his pretenfions againft his uncle,
and in the right of lord paramount, undertook to oblige John to redrefs the
wrongs he had done to his nephew, as well as to the Count de la Marche and
others of his vaflals. John, being very defirous of preferving peace, en-
deavoured to elude or delay compliance with Philip's demands. But thefe
arts ferved only to excite contempt and refentment in Philip, who having
knighted Arthur, and given him his daughter in marriage, came to an open
breach with John, by conferring on Arthur the inveftiture not only of Bretagne
but of the provinces of Guienne and Anjou, which John had hitherto pof-
^A^oft*! 02 ' fefi^- J°hn was fo fortunate as to make Arthur his prifoner, as the young
prince was on his way from the court of Philip, to join his uncle's rebel
vaflals in Guienne. But the jealous tyrant made the worft ufe poffible of this
*A D ni I2 ° 3 ' J m P orcant fuccefs, by putting to death the young prince, about eight months
after, and, as fome writers relate, with his own hands. The eftates of Bre-
tagne appeared as the profecutors of John, for this horrid crime, in the court
of the peers of France. Thither he was fummoned to repair, and not ap-
pearing, was adjudged guilty of felony and treafon ; and fentenced to lofe all
the dominions which he held of the French crown. Philip proceeded imme*
diately to execute by force of arms the fentence given by his peers : while
John, diffident of his own forces, cowardly, indolent, and voluptuous, fcarce-

• Tliefe meflengers were Geffey bilhop of Chefler, Richard Male'nife, and Henry de Pudfey.

In the year 1201, John of. Salerno, a cardinal prieft, and legate f-om the Pope to the king-
doms of Scotland and Ireland, held a council at Perth, in which canons were made. In the
following year,, palling over to Ireland, he made Ralph abbot of Melros b'fhop of Down. This
legate being honourably received at Melros, Itaid there more than fifty nights. His bufinefs was>
tocompofe a ftrife betwixt the monks of Melros and Kelfo. But after making fair promifes to both
fides, and accepting many prefents from them of money and horfes, he gave no fatisfaflion to>
either, but left their controverfy wholly undetermined. Ralph de Diceto, in the end of his
Chronicle, (Imagines Hijioriarum) fays, that this legate pairing through England, was received'
with a folemn ptoceffion in the church of St. Paul's, on Sept. 1, (Ralph was dean of the church)
Chfon. Mailr. p. 181. Dec. Scr. c. 710.

made

ENGLAND AND SCOTLAND. i, 5

made a (how of refinance. After he had fuffered a great part of Normandy Will. >ht Lio,
to be fubdued, he ftole away to England ; and Philip purfuing his conquefts ^O^Z^J
through an uncommonly mild winter and the following lummer, reduced to r*oj.
his obedience the whole of Normandy. He alio, foon after completed the
reduction of Anjou, Touraine, and Maine; fo that nothing remained in
France fubject to the Englifh, but the province of Guiennr.

To balance, in fome degree, thefe lofles, Courci the rebellious earl of
Ullter, was brought over prifoner from Ireland by Hugh de Lacy, and deliver- Fo d. 1. g. c 64.
ed to the king, who gave Lacy the earldom. John propofed alio, to make
his advantage of a long and tedious ficknefs, under which the king of Scot-
land did about that time labour; and which perhaps hindered this latter a. d. 1104,
monarch from attempting to recover his claims in England, while John was
fuffering luch great difafters in France. John, in order to deftroy or reduce
Berwick, and thereby to lay open to himfelf one of the principal pafTages into
Scotland, had begun to fortify a caftle at Tweed-mouth. But William twice
interrupted the work, and rafed it from the foundations; having taken
prifoners, put to flight, or killed the workmen, and thofe who guarded them.
Thefe proceedings gave occafion to a perfonal conference between the two
princes at Norham ; where William defended his conduct, and probably re-
newed his demands of the northern counties. Nothing was agreed at this
meeting, and John, in great difpleafure, returned to his fouthern dominions.

In the two following years *, John appears to have been entirely occupied a. d. hoj,
in preparations and endeavours to recover fome part of his dominions in ,I06,
France ; under pretence of which, he extorted great fums from his fubjects.
In the latter of the two, he paffed over to Poidtou in perfon, and had at firft
fome fucceffes : but the counfels and arms of his adverfary beginning to re-
duce him to {traits, he obtained, by mediation of the Pope, a truce for two oa. 13,
years, and returned to England. Soon after his return, the unhappy
monarch was engaged in a quarrel with the Pope, that diftreffed him more
than all he had fuffered before. Hubert archbifhop of Canterbury dying in
1205, part of the monks of the convent there, made an irregular election of
Reginald their fuperior; but Reginald foon falling under their difpleafure,
they concurred with the fuffragan bilhops of the province, in electing Grey
bifhop of Norwich, a prelate altogether agreeable to the king. Twelve
monks were fent to Rome to folicit Pope Innocent's confirmation of this
choice; but the pontiff vacating both the firft and fecond election, and deter-
mining the right of election to be in the convent alone, compelled the twelve

* In 1 206 died William the ninth abbot of Melros. This was the forty-eighth year after the
death of St. Walheve; and William being another Walheve in fanftity, it was refolved, that their
bodies Ihould lie together in the duft. As the workmen were preparing William's grave, brother
Robert, who was a mafon, by the incitement of fome of his brethren, not without reluctance and
much religious horror, raifed a little the cover of Walheve's tomb, when lo! his nofe was (truck
with a fragrance, as if the monument had been filled with fpices. And becaufe it was in the gloom
of the evening, having brought a candle to the aperture, all who were prefent looked in, and faw
the facred body entire, and all its veftments as frefli and beautiful as when firft put on. There were
fix monks and as many lay brothers, who had the happinefs of gratifying their pious, though
prefumptuous curiofity. Ford. 1. 8. c. 66.

Q,_ 2 monks

n6 THE BORDER-HISTORY OF

John, monks who had come to his court, to choofe Stephen Langton, an Englishman

^_° ° ' f by defcent, and at that time one of the college of cardinals. John, on re-
j»c6. ceiving intelligence of thefe proceedings, being perSuaded that the monks of
Canterbury had deceived him, drove them out of their convent, and by his
cruel treatment obliged them to leave the kingdom. He declared, at the
fame time, the raoft determined purpofe, never to acknowledge or admit
Langton ; and lent a letter to the Pope full of menaces. Thefe only animated
the ambitious pontiff to hold on as he had begun. He fent powers to three of
John's bifhops, to lay his kingdom under an interdict; if he would not con-
lent to receive Langton, and repair the wrongs he had done to the monks of
Canterbury ; both which John refuting, the bifhops interdicted the kingdom,
and immediately after retired to the continent.
a. d. itcs. John dreading the confequences of thefe proceedings of the Pope with
regard to the obedience of his fubjedts ; efpecially if the interdict fhould be
followed in the ufual courfe, by a fentence of depofition againft himfelf, and
of abiblution to his Subjects from their allegiance, endeavoured to fecure the
Mat. Pans. obedience of his barons, by compelling thofe whom he fufpected, to give him
their fons, or fome of their nearell relations, as hoftages for their fidelity. The
fame circumftances moved him to endeavour to bring the king of Scotland to
fuch terms as he judged neceffary for his ownfecurity: for although it doth
Mat. Pans. not appear, that any open hostilities were committed, yet there had been no
Ford. 1.8. c 69. good understanding between the kings, fince William had given orders for
demolishing the fortrefs at Tweedmouth. John alfo complained of William's
giving entertainment and aids to fubjects of England, who were fugitives from
juftice, and enemies to their king and country *. The Englifh king came
A. d. 12C9. w j t ^ a g reat arrr) y to Norham •, and the king of Scotland, informed of his
approach, affembled an army no lefs numerous at Roxburgh. While they
were in thefe fituations feveral meffengers paffed between them, thofe from the
king of England making many extravagant demands, with which William
and his nobles ablolutely refufed to comply. John feemed to be much en-
raged, and threatened aloud, but the nobles of each kingdom, who loved
peace, interpofing -f-» the armies on both fides were difmiffed ; and the two
kings agreed to hold a conference for fettling all matters in difpute at New-
castle. Thither the king of Scotland immediately repaired; having received

• According to Trivet, John was offended at William's having married one of his daughters to
the earl of Boulogne wi:hout demanding his confent. Triv. Ann. p. 153. Jn the long inftrument,
containing the evidences of Edward's fuperiority over Scotland, laid before the convention at Nor-
ham in 1291, it is faid, that in the Chronicle of the monaftery of Bredlington, and in feveral
others it is found, that in the year 1209, in the month of June, John king of England, built a
cafUe at Berwick upon Tweed, (i. e. over againft it,) and affembled a powerful army againft Wil-
liam king of Scotland to fubdue him, becauie he had betrothed his daughter to the earl of Boulogne
without his (the king of England's) confent. Rymer, ii. 564. Prynne, iii. 494.

f It is probable, that William's lns-inlaw, Euftace de Veley who married his daughter Margery,
and Robert de Ros the hufband of his daughter lfabel, who were very powerful barons in Nor-
thumberland, and Patrick earl of March or Dunbar, who married William's daughter Ada, would
exert all their influence to prevent a war between the kingdoms, the calamities of which would be
feverely felt by their eftates. Chron. Mailr. A. D. 1184, 1191, 1193. Margery, Jfabel, and
Adda, were natural daughters of William.

hoftages

ENGLAND AND SCOTLAND. j

hoftages for his fecurity, and being attended in his journey, as ufual, by certain w « 11 - th l - <<
Englifli nobles and great men. , In his own company were his brother David, . ' " n .
and feveral of the Scottifli nobles. But foon after his arrival he fell fuddenly 1209.
ill, and a (lop being thereby put to the conferences, John retired to the in-
terior part of his kingdom, having concluded a truce with the Scottifli king,
until his return to his own country and the recovery of his health.

William, after his recovery, convoked a numerous afiembly of his prelates rord - ls - c - " **
and barons at Stirling, in order to delibera;e concerning an anfwer to John's
demands. This being agreed on, the bifhops of St. Andrews and Gla'gow,
William Cuming judiciary, and Philip de Valence chamberlain of Scotland,
were fent to notify it to John. But it fell fo far fhort of John's pretentions,
that it threw him into a rage ; which he vented in fuch threats, as prompted
the Scottifli ambaffadors to make all the hafte they could in their return, to
give warning of the danger that impended from England. William received
this advertifement at Forfar ; and while he made all kinds of warlike prepara-
tions, and moved with expedition towards his frontiers, where the ftorm
threatened firfi: to burft, he, at the fame time, endeavoured to diffipate it, by
fending repeated mefTages to the Englifli monarch conceived in milder terms,
and making abatements from his firft claims. Thefe conceflions did not
hinder John from advancing towards Scotland, with an army formidable both
by the number and the kind of the forces that compofed it. When John
had come with his army to Bamburgh *, William was at Melrofe where he
remained in the abbey, while his fubjects fit for war, with great alacrity, gather-
ed around him from all quarters.

Notwithftanding all this fhow of deciding matters by the fword, the Ford, 0, 71,
counfellors of the king of Scotland adviied him, if poffible, to avoid a battle,
by endeavouring to give fatisfacfion to the king of England. The nobles in
each army did again mediate between the contending fovereigns. The
monarchs met at Norham, and there concluded a treaty of peace, by which Maf> Par;s «
John engaged -f- to defift for ever from attempting to erect any fortrefs at p " ' 9 '
Tweedmoiuh ; and William, as a compenfation for the lois and difhonour
fuftained by the Englifli king, in the demolition of the works that had been
begun, there agreed to pay him 4000/. William alfo engaged to deliver to R tom- it
John, his two daughters Margaret and Ifabel, to be married to John's two fons p 155-
Henry and Richard J, when the parties of each fide fhould come to mature
years ; but it was fixed, that if either of thofe princes or princeffes fhould die
before the marriage took place, the furviving princtfs fhould be married to

* Fordun fays, that John having a litrle before made a progrefs into Wales, brought in his army
two of the princes of that country, with near 13,000 of their men ; that he had in the fame army
1500 Englifli knights, and aimoft 7000 crofs-bows. Prebably thefe forces were much fupjrior
to any army that the king of Scotland could bring to the field. This fuperionty, together with
William's advanced years, frequent infirmities, and the tender age of his only fon and heir, were
powerful confiderations to engage the Scots to make great conceflions, rather than expofe themfelves
to the hazard of a war.

f His letter containing this engagement, is in the lift of papers found in the archive; at Edin-
burgh in 1282. Rym. ii. 216.

J Or to Englifli noblemen who were proper matches for a king's daughters.

8 the

Ibid. p. 37 J.

1 1 8 THE BORDER- HISTORY OF

J ohn ' the heir of the Englifh throne. It was farther agreed, that the merchants of

^°_-"-"|j Scotland fhould have free accefs to England to carry on their trade, and that

«*»• the king of Scotland mould polTefs fafe and entire all his ancient honours.

And in confideration of thefe marriages, that William mould pay to John with-
in two years 15,000 merks at four different terms *.

This treaty was confirmed by oaths, taken in name of the kings, by Wil-
liam Cuming jufticiary of Scotland, and Robert Vipont a couniellor of the
king of England. All the nobles alfo of each nation who were prefent, fwore
to prelerve the peace inviolate to the utmofl of their power f. For farther
fecunty on the fide of Scotland, William agreed to give thirteen hoftages.
And thefe, together with his two daughters, being foon after delivered to
John's judiciary, and other commiflloners appointed to receive them at
Carlifk, the armies on both fides were difmified £.
a. d. 13T0.J In the following year, it was agreed, by the intervention of envoys from
*oid. 1. 2. c. 72. cac ^ p r j ncCj that the king of Scotland fhould refign into the hands of the king
of England, all the pofieffions he had held of him ; and that the king of
England fhould reftore thefe to Alexander the fon and heir of the Scottifh
king; who fhould thenceforth hold them of the king of England. This was
accordingly done at Alnwick ; where Alexander rendered the fame homage
and fealty to John, that his father or predecefibrs had formerly paid to John,
or to any of the kings of England. It was alfo agreed, that in time coming,
inftead of the king of Scotland himfelf, the heir of that kingdom fhould
render fealty and homage to the king of England, for the lands and honours
held by him.

1209. Aug. 7. * In the obligation of the king of Scotland to pay this fum, (publiihed by Rymer from the
records of Exchequer,) William, agreeably to Fordun's account, engages to pay it at four different
terms, >viz. 3750 merks on St. Andrew's Day next enfuing ; and the fame fum at Whitfunday, and
St. Andrew's Day in the year 1210 ; and at St. Andrew's Day in 1211. It is added, that the king
of Scotland pays John that fum for obtaining the favour of his lord, and in fulfilment of the con-
ventions concluded between the kings, and mutually confirmed by their charters (thefe charters are
not publiihed by Rymer, and the account of their contents given in the text is taken from Fordun
and Matthew Paris) : It is farther added, that William had delivered the hoftages, which were al-
ready in John's hands, and were named in the beforementioned charters ; excepting his two
daughters, which he had alfo delivered to him, exceptis duabui fihabu: nojiris quas ei liberavimut.
Doth this exception mean, that William's daughters were not named in the charters, or, that they
were not delivered as hoftages ? The witnefles to this obligation are, William biftiop of St. Andrew's,
Philip de Valence, Robert de Ros, and Robert de Vipont. And it is dated at Northampton
7th of Auguft. Is it not probable, that the Northampton at which this paper is dated, is the
village of Norham ?

f Yet the Mailros chronicle fays, that the peace was concluded againlt the mind of the Scots.

X Matthew Paris fays, that John left the caflle of Norham on the 29th of June. The Chronicle
of Mailros fays, that the two kings met about the feaft of St. James, the 25th of July ; which agrees
better with the date of the obligation in Rymer. This obligation alfo (hews, that Fordun is
miftaken in placing the delivery of William's daughters and hoftages, on Auguft 16.

The Chronicle of Mailros relates, that about the feaft of Martinmas 1 209, the bifhops of Salis-
bury and Rochefter came into Scotland ; where the one, viz. the bifhop of Salifbury llaid at Kelfo
(Kelchon) ; and the other at Roxburgh, each on their own expences ; to whom the king of Scot-
land, as a mark of his regard, gave eighty chalders (celdras) of wheat, fixty-fix of malt, and
eighty of oats. Chron. Mailr. p. 183. Fordun relates the fame ftory, faying, that they came into
Scotland, on account of the woeful interdict under which England lay,

John

ENGLAND AND SCOTLAND. rr 9

Tohn continuing obftinate in his oppofition to the Pope, and exercifinn great wi "- ,t;e u » n .

1 • ■ a 11 U .U 1 1 U "J j I • K. ofScotlano;

cruelties againft. all, whether clergy or laity, who paid any regard to the inter- ■

diet, brought upon himfelf a fentence of excommunication, which wa3 firft nm

publilhed againft him in France, and afterwards in his own kingdom. In

thefe circumftances he ftrove to fupport his reputation, and at the lame time

to find employment for his warlike and difcomented vafials, by expeditions

into Ireland and Wales; in both which he was very fuccefsful. But that his

fecurity might not depend wholly on violence, he chofe to cultivate peace on

the fide of Scotland, and for that purpole held a new conference with William

at No rh am, where Ermengard the Scottifh queen was prefent, and greatly F " rd > '• *• e - "**>

promoted the intention of the meeting by her foft and infinuating addrefs. Mat. Paris.

The terms of tire late peace were here confirmed * ; and it was farther agreed,

that the princes fhould maintain each other in all their juft quarrels, and that

the furvivor fhould protect and aid the other's heir, as if he were his own fon.

It was alfo agreed, that within fix years, the king of England fhould give to

Alexander the king of Scotland's fon, a wife, of fuitable qualities and rank -fv

And as a frefh bond of amity, and earneft of future favours, Alexander, who

was then in the fourteenth year of his age, being lent by his father to London,

received there from the king of England the honour of knighthood, which ui;.

was at the fame time conferred upon twenty Englifh youths of high rank. Maich * th '

The fentence of excommunication iffued by the Pope againft John, nor
fufEcing to bring him to obedience, was followed by another, ablblving his
fubjects from their allegiance, and commanding all perfons to withdraw from
his company, under the penalty of being excommunicated. The king of
France and other princes were, by the fame authority, required to attack his
dominions, and diftrefs him as an enemy to the church. Lhewellyn prince of
North Wales, was enjoined to invade England ; and was ablolvcd from the
homage he had paid and the oaths he had taken, on his concluding a peace
with John, in the preceding year. John commanded the hoftages he had then
received, which were about thirty of the fons of the chief nobility of Wales, Mat - Pa '"<
to be put to death •, and having afTembled a numerous army r purpofed to lead
it into Lhewellyn's dominions, in order to deftroy them with fire and fvvord.
But he was hindered from accomplilhing his purpofe, by informations con-
veyed to him from different hands, of which the king of Scotland was onej
that a confpiracy was formed againft him ; and that if he proceeded in his ex-
pedition, he would either be killed by fome of the nobles in his own army,
or delivered up to the enemy. About the fame time, he alfo learned, that
the Pope had abfolved his fubjects from their oaths of allegiance;- which

* This treaty was confirmed by the fesls of the kings, and of the prelates and nobles of each
kingdom, and lworn to, for the king of England, by William de Karterad his cupbearer, and lor
the king of Scotland, by Allan of Galloway conltable of Scotland. Ford.. I. 8. c. 77.

f Hoveden fays, the king of France had promi/ed to give his daughter by Agnes de Miranie, irr
mariiage to Alexander prince of Scotland : Agnes was Philip's third wife, whom the Pope obliged
him to repudiate Sept. 7, 1200. The princefs her daughter, was only five years old on the day her
mother parted from the king. Hoveden, p. 810. The cafe was, Philip wanted, by all means,
to fecute William in his intereft, that he might carry on his ambitious proje£U agaiaft John, witn-
cut any moleltaticm from William.

rendering

in:.
Mit. Ph.*.

120 THE BORDER- HISTORY OF

joba, rendering the other intelligence fent him more credible, he difmififed his forces
and retired to London. He thence fent melTengers to all his nobles whofe
fidelity he fufpefted •, requiring them to fend to him their fons, nephews, or
other relations, as hoftages. The dread of his power and cruelty made all of
them comply, except Euftace de Vefey and Robert Fitzwalter •, who being
particularly accufed as principals in the abovementioned confpiracy, and in
great fufpicion.with the king, left the kingdom ; the former retiring to Scot-
land *, and the latter to France. John immediately commanded their eftates
and moveables to be confilcated for his ufe, and their caflles to be deftroyed.
Among thefe latter, a particular command was given to demolifh Vefey's caftle
voi?i. p.ljz. of Alnwick. John alio wrote to the king of Scotland, requiring the reftitu-
fmm John's tion of Vefey as a fugitive felon • but William would not betray a man who
Fotd. i. 9. c. 5. had put himfelf under his protection, was lb nearly related to him, and had
not been convicted of the crime laid to his charge.

John was not only in the utmoft hazard of the rebellion of his own fubjecls,
but being alfo threatened with an invafion from France, for which Philip had
been making open and very formidable preparations, was ftill intent to fecure
himfelf on the fide of Scotland. With this view, he came again to Norham,
im'i. 1.W"! 7«. ' n the following year-, having appointed a meeting there with the king of
Scotland, in order to cement more indiffolubly the peace between the king-
doms. William, who had been lying fick at Newbottle, endeavoured to
make good his engagement to meet John, but was not able to proceed farther
than Haddington. This being notified to the Englifh monarch, he requefted
William to fend to him his fon Alexander, tempting his compliance by many
fair promifes. But though a few of William's couniellors, who favoured the
king of England, were of opinion, that the prince fhould be fent ; yet the
greater part judging differently, it was refufed, under pretence of Alexander's
youth and inexperience, which rendered him unfit for treating of the affairs of
the kingdom, or for anfwering John's inquiries about them. But what chiefly
weighed with them, was their apprehenfion, that if John got the heir of their
kingdom into his power, he would make no fcruple of detaining him, at kaft,
until he exchanged him with Euftace de Vefey. John, thus difappointed of
his aim, returned haftily into his own kingdom; the circumftances of his
affairs by no means allowing him to indulge his refentment by open hostilities.
Matters were now come to a crifis with this unfortunate monarch. The
Pope proceeded to depofe him ; made a formal donation of his kingdom to
the king of France, and ordered a croifade to be publilhed againft him in
prance, and other places of Europe, with the fame indulgences that were
wont to be given in expeditions to the Holy Land. John afiembled a great
ftrength, for his defence both by land and fea; but the many injuries he had
done his fubjects, and their awe of the papal fulminations, gave him the jufter
grounds to doubt of their fidelity. In thefe circumftances, he could difcover

* Fordun fays, that Vefey went to John's court ; but being warned, that he was to be feized
by the king the following day, he fled to Scotland together with his wife and fon ; and that he was
followed thither by many of his dependents, bringing with them their horfes and arms, and other
moveables, that they could moll eafily carry oft", ford, 1. 9. c. 5.

ENGLAND AND SCOTLAND. f2l

no fource of fafety, but in making his peace with the Pope ; and the legate Wil1 - ,he Lion .
Pandolph, availing himfelf of his diftrefs, made him pals from the extreme of K ' of _ Scotlan ^
obftinate rebellion, to that of plain fubjection and dependence, by folemnly " i7i7"~"
refigning his kingdom to the papal fee •, and receiving it back, on condition of May l > tU '
remaining the Pope's vafTal, and paying to him as inch, an annual penfion of
700 merks for England and 3C0 for Ireland. From this moment, John ob-
tained all the protection and aid the holy father could give. His thunders
were now levelled againft Philip; but had not fuftkient force to make that
monarch abandon a proipect, io flattering to his ambition, as that of the con-
queft of England. John, however, was delivered from this danger, by his
fleet; which, under the conduct of William Longfword earl of Saliibury,
and Renaud count of Boulogne, deftroyed a very great part of the French
navy, on the coaft of Flanders; and thereby made it impoflible for Philip
to tranfport into England the numerous army he had collected for invading it.

Inftead of receiving an attack in his own kingdom, John, encouraged by
his great fuccefles at fea, and by the protection of the Pope, undertook to
recover his poflefTions in France. The refractorinefs of his barons delayed, for
feveral months, the expedition he intended for this purpofe. But perfifting
obftinately in his relblution, he palled over to Guienne in the following
winter*; and being joined by fome powerful French lords, made no fm all a. d. 1114,
progrefs in the reduction of Poictou and Anjou. Louis, theeldeft Ion of the
French king, gave the fir ft check to the farther progrefs of his arms, and
having afterwards defeated, in the battle of Bovines in Flanders, a mighty July 27^
army commanded by the Emperor Otho, and others of John's moil powerful
allies, this monarch was obliged to refign all his late acquifitions in France-,
and having, by the mediation of the papal legate, concluded a truce with
Philip, for five years, returned to England in the beginning of winter. ©a. 19*

The immediate confequence of John's peace with Rome, had been the ad-
miffion of Langton to the fee of Canterbury, and the reftoration of the exiled
bifhops. The damages which thefe prelates and other churchmen had fuftain-
ed, being compenfated at the fight of the Pope's legate -f, the interdict under
which the kingdom had continued more than fix years was removed; and
John, as the Pope's vaflal, enjoying his immediate and fpecial protection,
feemed to be no longer in hazard of moleftation from churchmen. But Lang-
ton, actuated either by a zeal for liberty and right, or by a ftrong refentment
of the obftinate opposition that had been made to him by the king, raifed a
ftorm againft him more terrible than any he had hitherto ftruggled with. This
prelate made the barons acquainted with a charter of liberties, which Henry I.
had granted to their anceftors, inftigated them to claim thefe liberties at the

* When he was about to fet out on this expedition in Summer 1213, he ordered the earl of
Winchefter, who had the keeping of the hoflages of the king of Scotland, to fend them to him ac
Portfmouth, Rymer, torn. i. p. 174. In 1214, he gives adifcharge to William de Har&curt, fortivo
lioftages of the king of Scotland, Thomas de Coleville, and Gervafe Avenel, who had been in
the keeping of Harecurt, and were delivered to the king at Corff 28th April 1214. Rym.
ibid. 184.

f The lands alfo of thofe barons who had been forfeited, for adhering to the Pope againft their
fovereign, were reftored to them, in particular thofe of Eultace de Vefey . Dugd. Peetage, vol. i. p. 92.

R hand

122 THE BORDER-HISTORY OF

rohn, hand of John, and engaged them to fwear, that they would do fo on a proper
.or^naan . 0CCa r/ 10rii Other concerts and engagements arofe from this beginning •, and
1415. the remit was, that a very numerous body of barons, did, in the end of the
Chriftmas holidays, formally demand of the king the renewal and execution
of the charter abovementioned, and alfo, of certain laws of king Edward the
Cortfeflbr that were of the fame fcope *. Among the principal heads of this
combination, were certain powerful barons of the north •, who had refufed to
accompany the king in his intended expedition to Poictou in 12 13, and alfo
to pay the fcutage impofed for defraying the expence of the expedition which
he actually made thither in the preceding year. After various delays and un-
availing expedients to evade their requeft and difappoint their enterprife,
John was at laft obliged to grant to them the celebrated charter of liberties,
June ijth. commonly known by the name of Magna Charta, and alio the charter of
Forefts. And as the barons could not by any means confide in the king for
making good what they had extorted from him, they farther obliged him to
content to a nomination of twenty-five of their own number, to be conferva-
tors -f- of the privileges granted by the charters ; and who for that effecT,
were inverted with fuch extenfive powers as almoft annihilated the regal au-
thority.

John was too haughty, and too much accuftorned to tyrannize, to fubmit
long to fuch restraints. To hide his fhame, and more fafely to carry on
meafures for regaining his loft authority, he retired to the Ifle of Wight,
He fent agents to Rome to folicit the help of the Pope, and others to various
places of the continent to hire foreign forces, whom he allured into his fervice
with the profpect of the fpoils of his rebellious barons. The Pope readily
abfolved him from the oath by which he had confirmed the charters, excom-
municated all difturbers of the peace of his kingdom, and cenfured the arch-
bifhop. About Michaelmas, John's foreign mercenaries having arrived at
Dover, he began to attack the caftles, and lay wafte the eftates of his barons.
In this work he had great and rapid fnccefs, being much aided by the papal
fulminations. Having lubdued many places of ftrength in the neighbourhood
of London, he left apart of his army to maintain and extend his acquisitions
in that quarter, and marched with the remainder of it againft the rebellious
barons of the north.
. William king of Scotland, exhaufted by age and infirmities, died in the

v>tc. 4th, end of the preceding year, and was fucceeded by his ion Alexander II. a youth

* This combination was much promo'ed by the many injuries and difhonours John had done to
his batons, by vitiating their »ive»jqr daughters. Hemingford, and from him Knighton, relates
an attempt of ihis kind he made on the wife of Eufbce de Vefey, by means of a ring he had got
from her hufband. Vefey, by a lucky accident, difcovering the king's intentions, prefeived his wife
ftom abufe; and inftead of her, conveyed into the king's arms a common {trumpet. Vefey himlelf
informed the king of this deceit, and theicby provoked his higheit refentmeht; to defend himfelf
from the eflcfts of which, he combined with other injured or discontented lords. Knighton, ap.
Dec. Scr. 24-22. Knighton calls Vefey nominatijjimus baro et JircnuiJJimus miles.

1 he barons of the north, in this combination, were Eullace de Vefey, Richard de Percy, Robert
de Ros, Peter de Rruis, Nicholas d'Eilouteville, William de Moubrai, and Oliver de Vaux.

t Among thefe confervators, were Eullace de Vsfey, Robert de Ros, Ri6hard de Percy,
William de Moubrai, and Roger dc Moubrai,

not

ENGLAND AND SCOTLAND. 123

not much more than fifteen years of age. To this young kino; the barons of * le ** n(! " !U

■»t 1 ii i •— » 1 ,~ .- n- • ,1 t r i- 1 K. of Scotland.

Northumberland f had recourle for protection againit John : and in order to >
obtain it, they did homage to Alexander at Felton. The Scottifh King, im- ««*5.
mediately on receiving this homage, inverted the caftle of Norham with all ' r oa. , '»g,
his forces •, but, after lying before it forty days, was obliged to raiie the
f ie g c il- John greatly incenled at thefe proceedings, purfued his march north-
wards, in the depth of winter, with much expedition. The barons of York-
shire, who had been in the combination againit him, had the fame recourfe
with their neighbours in Northumberland. They came to the king of Scot-
land at Mailros, and did homage and fwore fealty to him, in the c(i3pter-
houfe of the monaftery : John, faft following them, deitroyed by fire and
fword their houfes, towns, and eftates. Some of their houles and corn the
barons themfelves had deilroyed before John's arrival, in the view of dif-
trefllng him by want of provifions. By thefe means a great number of places
were burnc ; among which were, the towns of Milford and Morpeth, Alnwick,
Wark, and Roxburgh *.

On the day that preceded the burning of Roxburgh, John took the town A - D - "'6«
and caftle of Berwick •, where he and his mercenaries perpetrated the moft bar- J * n ' **'
barous cruelties. For, in order to extort from the inhabitants a difcovery of
their money and goods, they hung up both men and women by the joints
of their hands and feet, and inflicted on them various other tortures f. Ad-
vancing thence into Lothian, he burnt Dunbar and Haddington, with fome
other places of fmaller note. Alexander having drawn together all the power ^' 9,C|
of his kingdom, encamped on the river Efk, near Pentland ; by which way
the Scots expected the king of England would return into his own kingdom.
But John, not chooling to rifk a battle £, returned by the way he came,
marking his road by new feats of rapacity and cruelty. The abbey of Cold-
ingham, which had been fpared in his march into Lothian, was, on his return,
plundered by his mercenaries. They alfo burnt the town of Berwick, the Chr. M*y&
king himfelf difgracing majefty by letting fire, with his own hand, to the houfe
in which he had lodged. Thefe outrages were quickly returned by an inroad

U In the diftributions made by the barons, of the government of the counties, in preparing to
refill John, Robert de Ros, the Scottifh king's brother-in-law, was intrulled with the government
of Northumberland.

H Fordun fays, that having foon granted a truce to the befieged, he led his army into Nor-
thumberland ; fubduing the country, and receiving the homage of its inhabitants. Ford. 1. 9,
c. 28.

* M. Paris's account of John's expedition into Scotland at this time, is in the following words:
" Deinde rex, ira fuccenfus, vehementi apud partes Scotia; tendebat cifmarinas, et captis caftris de
" Berwic et aliis qua; videbantur inexpugnabilia, improperavit regi Alexandre, et quia erat rufus,
" fignificavit ei, dicens, Sic fie fugabimus rubeam vulpeculam latibulis fuis. Multum igitur ibidem,
" ftragem et exterminium exercuiffet, nifi eundem neceffitas magna dilatior.em non capiens revo-
" caffet." Mat. Paris, 232.

•f- He is related to have had Jews attending his army, who were the directors of thefe barbari-
ties. Chr. Mailr.

t So Fordun reprefents the matter: bat it is not probable that the Scots would, in the circum-
fiances of the kingdom at that time, think of rifking a general engagement: and the Mailros
Chronicle, which gives the moft particular account of this expedition, doth not mention any fucb
defigne

R 2 ©f

I24 THE BORDER. HISTORY OF

John, f Alexander into the northern parts of England ; through which he is faid to

• K ' "' E ^ Uni 'j have penetrated as far as Richmond •, receiving, as he parted, the fubmiffion of

>ai6. the inhabitants of the bifhoprick of Durham. He bent his way homewards

through Weitmoreland and Cumberland, ravaging and deftroying the country

through which he paffed, the Scots in his army acting with the fame undiftin-

guifhing ferocity, as John's foreign mercenaries §.

Notwithstanding the fpirit fhewn by the young king of Scotland, his aid
n did by no means fuffice to fupport the combined barons againft John's warlike
mercenaries, and the lpiritual artillery of the Roman fee. Being foon reduced
to a defperate fituation, they had recourfe to a remedy ftill more defperate;
making an offer of the crown of England to Louis, fon and heir of Philip
king of France, on condition that Philip fhould fupport them with all his
might againft their own dreaded and detefted fovereign. Their offer was
accepted ; a body of French troops was tranfported to England ; Louis, with
many more in addition to thefe, followed foon after in perfon ; and John,
deferted by many of his mercenaries, who were vaffals of France, and refufed
to fight againft. their lord, was quickly reduced to new difficulties.

Louis, now mafter of a great pare of the kingdom, fummoned all the
Englifh prelates and nobility to afTemble at London, in order to do him ho-
mage. The king of Scotland was alio fummoned, as a vaffal of the Englifh
crown. In compliance with this call, Alexander marched into England, over the
weftern march, carrying with him a confiderable army *. In his way to Lon-
Awg> *• don he took the city of Carl ifie f, but was not able to reduce the caftle. From

Carlifle he rrurched quite through England, to its oppofite corner, where Louis
was employed in befieging the caftle of Dover. Alexander committed depre-
dations, as he advanced, on the lands of king John and his friends, but
fpared thofe of the oppofite faction. In pafiing through the county of Dur-
ham, the king, and northern barons who attended him, came before Barnard's
caftle, which belonged to Hugh de Baliol J : and while they were recon-
noitering it, Euftace de Vefey received a mortal wound by the fhot of a crofs-
bow from its walls §. This was a very afflicting llroke to his brother-in-law

king

§ The Scots pillaged the abbey of Holmeultram in Cumberland, as John's foldiers had done that
of Coldingham. The [vklrofe chronicler reprefents the Scots, i. e. the Highlanders, as having
committed every thing facrilegious and inhuman, in fpoiling this monaitery ; as a judgment for
which, more than one thoufand nine hundred of them were drowned in the Eden, as they were
returning with their booty.

* The Chronicle of Mailros fays, that he had all his army with him except the Scots, from
whom he took money in lieu of their fervice,

-f The Mailros Chronicle fays, it was furrendered to him ; and perhaps this furrender was ia
obedience to an order from the barons of Louis's fide, to the chief men of Carlifle, to furrender it
to Alexmdcr. The title of this order is in the catalogue of papers in Sc. Arch, in 1218. Ryro. ii.
217. The Melrofe Chronicler adds, that he did not take (non cxpugnaijrt) the caftle (ea like)
implying, that he did it afterwards.

\ Returning from his expedition into Scotland, John had committed the government between the
Tees and Tweed to Hugh de Baliol and Philip de Ullecotes ; aligning them a number of knights
and armed men fufficient for its defence.

% The Chronicle of Dunltable fays, that Barnard's caftle was attacked by an army raifed by the
northern barons, and that Ewftace de Vefey being there flain, their party was utterly difcouraged,

and

ENGLAND AND- SCOTLAND. 125

king Alexander, and a heavy blow to the caufe of the rebel barons in the * Ie ?' nde , r "■

O ' . J ,. , , , * t • i- 1 K, dt Scotland.

north. Alexander coming to Dover, did there pay homage* to Louis, tor the t v ,

pofi'eiTions which he had a right to hold from the king of England : and both «*»6.

the barons and Louis did, on this occafion, when his help was fo neceffary, p , a 2 ^,. at "

exprefsly recognize Alexander's right to the counties of Northumberland, c, i r - Mail.

X^ * ^^ ^^ .^ Find 1 S c 2 A

Cumberland, and Weftmoreland ||. Louis and the barons did alio i'wear that
they would make no peace with John, without including the Scottifh king.
After having remained fifteen days with Louis, Alexander let out on his return
to his own kingdom. His march was retarded by the oppofition of fome of
John's forces, who did what they could to obftruct the paffage of the Scots
over the Trent. But thell- difficulties were removed by the death of John at
Newark upon that river; which was commonly afcribed to his grief for the 0fl * '9'
lofs of his regalia, baggage, and treafure, in palling over from Lynn in Nor-
folk to Lincolnshire. Alexander, as is related by Fordun, is laid to have F6rf..l.l. c«,
plundered the camp of the forces of the deceafed king, taking advantage of
the confufion they fell into upon the king's death ; and being enriched with
their fpoils, returned fafe to his own country.

Henry III. John's eldeft Ion, was little more than nine years of age, when Henry hi.
his father died. His tender years exempted him from having any part in his K > of England,
father's guilt: and the charge of him and the kingdom was, by the few
nobles who continued faithful to the late king, intruded to William Marefchal
earl of Pembroke, a man illuftrious for fidelity, wifdom, and courage. On
the other hand, prince Louis, and the great men of France who attended him,
had conducted their affairs imprudently, and difgufted many of the Englifh of
their party, by their arrogance and fallehood. Young Henry had the farther
advantage of having all the clergy on his fide, with Gualo the Pope's legate
at their head ; by whole authority the fentence of excommunication was ful-
minated, on each Sunday and holiday, in all the parifh churches of England;,
againft Louis and all his adherents. The advantage arifing from this fource
was fo conlHerable, that the nobles on Henry's fide allowed him, at his coro-
nation, to take the fame oath of fealty to the fee of Rome which his father oa. is.
had taken four years before. There was foon a great defection of the Englifh
barons to their natural prince ; and a total defeat given to Louis's army at

and their forces difperfed. Carte. Upon the death of Euftace, the one moiety of all his land was be-
llowed by John on Philip de Ullecotes. William, Eullace'sfon and lwir, being fent by his widow to
the earl of Pembroke, foon afterwards created regent of the kingdom, a grant was made of the ward-
(hip and marriage of the young nobleman to the earl of Saliibury, king Henry the Third's uncle,
and the cuftody of the caftle was committed to Richard de Morifco bithop of Durham. William
was married to the ear! of Salifbury's daughter; and in 10th of Henry the Third, he obtained
livery of all his lands, and alio of the c.ilHe of Alnwick, which was then in the hands of Everard
de Tyes. In 29th of Henty HI, he piocured a grant of five bucks and ten does, to be taken out
of the king's forefts in Northumberland, to ftore his park at Alnwick. ' Dugd. vol. i. p. 93.

■ The Chronicle of Mailros fays, that this homage was paid at London : but it is certain that
Louis began the fiege of Dover on |uly 22. M. Paris's words are : Eodcm tempore, menfe Augujlo,
Alexander rex Scotorum apud Doveram exercitu magna, propter metum regis Joannis, "veniens, fecit
homageum de jure fuo quod de rege Anglorum te/iere debuit.

H This appears from the titles of papers relating to this affair, found in the Scottifh, archives ia
1282. Rym. ii. 217. And. Sc. Ind. App. No. 26.

Lincolhi.

Henrv III.

K. o

f England.

'._-.

III7.

May

10.

Aug.

*3-

Sept.

II.

Rym

. 1cm. i.

S2I.

-Ciir. Mailr,

utS THE BORDER- HIS TORY OF

Lincoln in the enfuing May, followed by the deflruction of a fleet; which was
bringing him over a great reinforcement from France in Auguft, reduced him
to a neceffity of abandoning England. By the interpofition of the legate, a
treaty was concluded in an illand of the Thames near Kingfton, by which
a fafe retreat to his father's kingdom was fecured to Louis, upon his renoun-
cing all his claims in England. At the fame time, for the fake of refrorjTig
the publick quiet, very favourable conditions were granted to the Hnglilh
barons who had adhered to the French prince. The king of Scotland was
alfo declared to be included in this peace, on condition of his reftor.ng to the
king of England all the caftles, prifoners, and lands, he had feized in the
courfe of the war: the king of England obliging himfelf to make the like
reftitution on his part, to the king of Scotland.

Alexander had, in fulfilment of his engagements with Louis, entered
Northumberland in May, and laid liege to the cattle of Midford •, but after
befieging it for a week, he returned to his own kingdom; having probably
received intelligence of the overthrow of Louis's army at Lincoln. Philip de
Ullecotes and Hugh de Baliol were encouraged by this overthrow and Alex-
ander's retreat, to affemble forces for making an inroad into Scotland ; of
which Alexander being advertifed, did again collect an army from all parts of
J«iy 4. his dominions, and led it towards Northumberland, in the beginning of July.
Concerning the events of this expedition we are not informed : but Alexander,
itill intent to fuccour his ally, did again raiie an army in Autumn, and having
come with it to Jedburgh, received advice of the peace concluded between
Louis and the king of England ; upon which he difmified his army, and con-
tinued, for the fake perhaps of fpeedier intelligence from England, at the
place laft mentioned, all the month of September.
Fo.-J. l. 9. c. 3c The alliance of Alexander with Louis, and the open exertion of his power
on that fide, had brought upon himfelf, his clergy, and people, the higheft
cenfures of the Roman fee*: but upon his accepting the peace between Louis
and Henry, the legate confented to abfolve him from his excommunication.
He gave powers for that effect to the archbifhop of York and bifhop of Dur-
Pec. i. ham, who came to Alexander at Berwick, and there gave him abiblution -f.
Three days after, the king's mother received the fame privilege from the
fcifhop of Durham. Immediately after the king's abfolution, the archbifhop

• Fordun enumerates the reafons of excommunicating the king of Scotland and thofe of his
kingdom. Tlicfe were : The intercourfe which that monarch and his fubjecls held with king John,
during the interdict cf the kingdom of the latter ; the Scottifh prelates admitting to their communion
tlie king of Scotland and his anny, who had fallen under the fentence of the Lateran council,
which excommunicated all the enemies of John, who was then reconciled to the Roman fee, and
had become its feudatory; the favour (hewn by the king of Scotland to prince Louis of France ;
the king of Scotland's destroying the caiUe of Tweedmouth, over againfl Berwick, although that
■ caflle was rebuilt contrary to the oath of king John ; and finally, Alexander's refufal to reflore
C'ailifle at the requeft and command of the legate. Ford. I. 9. c. 31.

f Fordun fays, that the king, and all the laymen who attended him, received abfolution at
Tweedmouth.

There is a bull of Pope Honorius III. dated Jan. 17, this year, annexed to F.lwardthe FirA's
later to Pope Boniface, in 1301, wherein he feverely cenfures Alexander's defection Irom his
natural lord, and the Roman lee, and admonilhes him to return to his duty. Ford. 1. 1 1. c. 44.

fet

Cdron. Mailr.

A. D. mS.
Chr. Mailr.

ENGLAND AND SCOTLAND. 127

fet out for Carlifle to receive, by virtue of an order from Alexander, the fur- Henr > '"■
render of the cattle of Carlifle J. At the iame time Alexander, being con- ^_° ,-"-*"_,
ducted by the conftable of Chefter, who was for that purpofe ordered to
attend him at Berwick, went to the Englifh kng at Northampton ; where he
performed homage for the county of Huntingdon, and the other lands that his
predeceflbrs had held from the kings of England.

In the beginning of the following year, the legate gave a commiffion to
"YViiiiam Prior {of Durham, and Walter de Wifbech, archdeacon of the eaft p-'95> '96
riding of Yorkshire, to abfolve the church and people of Scotland from the l™ d ih ** *'**
excommunication and interdict they had been laid under. But out of this
commiffion were excepted, the bifhops, and clergymen of higher rank, and of
large benefices ; to whom their power of abfolution did not extend. The
prior and archdeacon, entering Scotland by Berwick, made a progrefs as far
as Aberdeen ; and on their arrival in the feveral towns which they vifited, they
commanded the clergy in the neighbourhood, both fecular and regular, to
attend them; and having firft obliged them to fwear obedience to the legate,
and to make an ingenuous conieffion of all matters concerning which they were-
afked, they abfolved them, ftanding barefoot before the doois of the churches
or abbies, in which they had affembled. The commiflloners were every where
fumptuoufly entertained*, and their favour was courted by great iums o£
money, and many prelents. The fleecing of the dignified clergy the legate
referved to himfelf : with this view, he required them to meet him about
Eafler at North-Allerton ; where he gave abfolution to fome who fatisfied his
demands •, obliged others to repair to the court of Rome to be abfolved there,,
and paffed on others fentences of fufpenfion, or depofition, as the different
degrees of obftinacy in the perfons accufed, or his own views of gain, dictated.
The Ciftertian, or white monks, incurred his high difpleafure, by pleading
againft his legatine authority, the privileges and exemptions of their order.
His fub-delegate Wifbech, by Gualo's authority, firft interdicted them from
the difcharge of divine offices, in their feveral monafteries ; and afterwards,,
holding a council at Berwick, on Palm Sunday, and the day following, where
wereprefent many prelates and other clergy, he paffed a (entence of excommu-
nication againft thoie monks, and all who communicated with them. To
pacify the wrath of the tyrannical legate, notwithstanding their claims of pri-
vilege and repeated appeals to Rome, they were obliged, for a time, to
abftain from facred offices, or entering any church. But the biffiop of St,

% So it is exprefsly called in Chr. Mailr. And Fordun fays, that Alexander, after having taken
the town of Carlifle, befieged the callle ; and the latter being furrendered to him after a long iiege,
he llrengthened its fortifications. Fordun does not mention the time when this happened. Ford..
1. 9. c. 30.

« When they had come, on their return, to the abbey of Lindoris, the bed-chamber where the chrou. Msilj*
prior lodged was accidentally fet on fire, by the careleiTncfs aud rioting of thofe who had the manage- p, -196.
ment of the wine. The prior was Elmoft fuffbcated with the fmoke, and was throw u into a languor
which foon cut him off. He was, with difficulty, conveyed to Coldingham, where he breathed his
lafti on the 13th of May. This ciicumftantial account of the place and time of the death of prior
William, feenis to deferve more credit than the index in the Cotton library, quoted by Wharton,
according to which, he died in 1214. Ang. Sacr. p. 788.

* Andrews^

a. r>. mo.

Rym. torn. a.

Nov. s.

I2 3 THE BORDER. HISTORY OF

Hentv in. Andrews, foon after, was commiffioned to abfolve them, upon their giving

K^of E ngland. ^ q ^ w ^ n ^ tQ tne j U( jg m en: of the church, and the commands of their

"~I7<3. lord the Pope, with a falvo to their order and privileges. The complaints,

however, of this order, and the intereft of their abbots at the Roman court,

proved too ftrong for Gualo. He was recalled in the latter part of this year ;

and Pandolf, bifhop of Norwich, was appointed legate in his ftead.

In the following May, the king and kingdom of England fuftained a great
lofs, in the death of the earl of Pembroke, who, in executing his office of
regency, was alike faithful to his fovereign, and to the rights of his fellow-
fubjedts, as declared by the two famous charters. He was fucceeded in his'
charge, by Peter bifhop of Winchefter, and Hugh de Burgh, chief judiciary.
Soon after their entering on the administration, a meeting was held at Norham,
7zS,'iTs- " before the Pope's legate, between Alexander king of Scotland, and Stephen
de Segrave, who appeared there as procurator for the king of England. The
deficm of this meeting, was to treat of certain caufes and controverfks between
the kings of England and Scotland, relative to the treaty concluded between
John and William, the fathers of the prelent monarchs. The king of Scotland
had fubmitted the matters in queftion, and the whole obligation of the treaty*,
to the judgment of the Pope •, who, by a fpecial mandate, gave his legate full
powers, after due confederation of the tenor and circumftances of the treaty,
to confirm or abrogate it as he fhould judge right. At the meeting above-
mentioned, a day was appointed, at the diftance of three months, for nego-
ciatino- a treaty of peace between the kings, in theprefence of the legate, when-
ever he fhould then happen to be ; and if fuch a treaty could not be concluded,
the matters in controverfy were to be tried, and decided according to juftice.

We have no accounts tranfmitted to us of the progrefs, or of any other cir-
cumftances of this negotiation, befide thofe above related ; but it probably
">« V 5 T iflTued in the convention concluded at York, in the following fummer, between
the two monarchs, who met there in perfon. At this meeting, Henry gave
his obligation to Alexander, to give him in marriage his eldeft fifter Jane, at
the feaft of Michaelmas, if fhe fhould at that time be reftored by the count de
rZT'air '' I a Marche, who had received her when ten years old from her father, in the
view of marrying her, when fhe came to maturity; but, fince her father's
death, had married her mother, and yet would not reftore Jane. In cafe
Henry could not, at the term agreed, give the king of Scotland his eldeft
fifter, he engaged to give him his fecond, Ifabel. By the fame deed he en-
gaged to find, within a year after the feaft of St. Dennis, fuitable matches for
The king of Scotland's two filters, who had remained in England from the
time they were delivered to king John by their father William, or if they were
not married within the time prefixed, he promifed to reftore them to their bro-
ther. The king of Scotland did, on the other hand, oblige himfelf to take to
wife Jane, at the term above-mentioned, or her fifter Ifabel, if Jane was not
then reftored to her brother. Henry applied to the Pope for his aid, to reco-

• A copy of the letters (or deed) of the king of England, containing the articles of this
treaty, under the feals of the bifhops «f St. Andrews, Dunkeld, and Caithnefs, had been trans-
mitted to the Pope.

ver

A. D. 1110.

•40, 141.

ENGLAND AND SCOTLAND. 129

ver his eldcft fitter from the count de la Marche •, and the count delivered her ^'"A 1 " 1 " "•
afcer being put in full polTeffion of his wife's jointure. The king of Scotland , ' ... . J
waited her return to England ; and was married to her at York *, in the fol- a. d. mi.
lowing fummer ; and, not long after, his eldeft filler, Margaret, was married Mat. a plr.s. s "
to Hubert de Burgh, guardian of the king and kingdom of England, and Ford. 1. 9. e. 34*
chief jufticiary f.

The tendency of thefe connexions was to preferve peace between the king-
doms ; and the effect feems to have correfponded, while Hubert de Burgh
maintained the chief d.reclion in the adminiftration of public affairs in Eng-
land. This continued for more than ten years, notwithltanding feveral efforts
of the jealous and headftrong barons to eje<ft him. During this period, Alex- Rymer,yoi.i.
ander farther ltrengthened his intereft in England, by marrying his lifter llabel o u l7 *' B3I0na
to Roger Bigod, the young earl of Norfolk; of whom, being yet a minor vol. i. P . 133.
at the time of his marriage, Alexander purchafed the wardfhip from the king A - D * ,IZ5 *
of England, for the fum of 500 merks. Two years after, an alliance of much
greater confequence was in agitation, between Richard earl of Cornwal, the
king of England's only brother, and Marjory, the king of Scotland's youngeft
fitter. With this view, Richard came in perfon to vifit the Scottifh king ; and a. d. ii» 7 .
having made a progrefs with him, through the fouth-eaftern part of his domi- Ford. 1.9.x. 46.
nions, proceeded to Kinghorn, where the princefs refided with her mother.
But the match being difagreeable to the king of England, and Richard's de-
mands of dowry being thought too high, king Alexander, after having treated
him with the greatelt kindnefs and refpect, did, by the advice of his nobles,
difmifs him, without agreeing to his propofals J.

A few

• Alexander fettled en his fpoufe lands, of the value of a thou r ar,d pounds of yearly rent (has
terras fubferiptat pro millibus libratis terra) : thefe were Jeddlewurth, LefTedwin, with their de-
pendencies ; and in Scotland (in Scotia, fo inllrument) Kingor (Kingorn), and Carrail, with their
dependencies. The queen dowager was in poffefiion of the two latter ; and in cafe both the queens
fhould furvive the king, and the queen dowager would not refign to her daughter-in-law Kingorn
and Carrail, a provifjon was made for the latter, of other lands in lieuofthtfe. Rym. torn. i. p. 252.

For the cbfervation of the articles of this contract, Jideliter et bona Jide, the following perfons
bound themfelves and heirs; William bifhop of St. Andrew's, Walter of Glafgow, William de
Bofch, chancellor, the prior of Ceideugh (Is it Coldingham ?), earl Patrick, William Cumin, earl of
Buclian, jufticiary of Scotland, Robert de Lond, Walter, fon of Alan Stewart, Robert de Bruis,
Walter Clitard, juiticiary of Laodonia, Engel de Baill, Philip de Moubrai, Henr. de Baill, Joh.
de Maccufwell ; fourteen in all.

The Chronicle of Dunftable fays, That Henty did alfo, about this time, remit Alexander a debt
of coco merks. Carte, vol. ii p. 17.

-f Hubert de Burgh became fole regent of the kingdom, and guardian of Henry's perfon, in con-
fequence of Peter bifhop of Winchellei's taking the crofs, and fetting out on an expedition to the
Holy Land. This happened September ig ; and, according to Fordun, Hubert de Buroh marr.ed
Margaret, the king of Scotland's filler, on the Sunday after Michaelmas. Ford. I. 9. c. 34.

Margaret had a daughter and heir, called Magota, who died without heirs. The name of Wil-
liam's fecond lawful daughter, was lfabella, and of his third Marjory; neither of whom had heirs
of their body.

J In 1227, on the day of Pentecoft, Alexander conferred the honour of knighthood, at the caftle
of Roxburgh, on his kinfman, John Scot, earl of Huntingdon, the fon of his uncle, earl David.
The fame honour was conferred, at the fame time, on feveral other young noblemen. Ear! David
died in 1219, leaving John, his only furviving fon and heir, a minor ; of whom his uncle by the
mother, the earl of Chelter, had the tuition, with an annuity for his maintenance. But Alexander,

S king

A. D. 1:3a.
A. D. 1233.

Hym. i. 318.

130 THE BORDER-HISTORY OF

Kenr r V' - . A few years after, king Henry himfelf fought in marriage the fame lady * ;

,, / , _ . . . , 2nd for effedling this alliance, did agree on certain conditions with her brother.
a. v. 1231. But the nobles of England, with the earl marfhal at their head, vehemently

Mat^Pin;, O pp fed this marriage •, alleging, that it was unworthy of the king to marry
the younger filter, when the elder was married to Hubert de Burgh •, and
their remonftrances induced the king, though reluctant, to violate his engage-
ments. Not long after, Peter des Roches, bifhop of Winchester, returning,
with glory and riches, from an expedition into theeaft, fupplanted Hubert in
the favour of his mafter 1 and prevailed with the weak incautious monarch to
flrip him of his great offices, and to treat him with extreme rigour. In the
year following, happened the death of Ermengarde, queen dowager of Scot-
land ; whofe influence with her ion was probably employed to maintain peace
with England. To thefe events may be added the expiration of a truce, be-
a. p. 1234. tween England and France, which was not long in fucceeding them •, and to
June 24. forr.c, or all of thefe, as fources, may be afcribed the difienfions that began,
about this period, to arife between the kings of England and Scotland.

The firlt trace that now appeareth of thefe difTenfkms, is the king of Eng-
land's fujlaining and approving of an appeal, which the archbifhop of York was
about to make againit Alexander, king of Scotland, for caufing himfelf to be
•crowned, in prejudice of the king of England's royal dignity, and of the
liberty of the archbifliop and his church. The claim of fovereignty over Scot-
land, thus revived, application was made by the court of England, to Pope

Rym. ;. 334. Gregory, to employ his authority to confirm it. It was reprefented to the

Ford. 1. j i.e. 44. Pope, by the agents of Henry, that the liege homage and fealty, which was
rendered to the king's grandfather, Henry II. by William king of Scotland, in
confequence of the captivity of the latter, did continue due, and had been
accordingly, ever fmce, paid by the kings of Scotland to thofe of England -f- ;
that this fealty was due, not only by the king, but by the carls and barons
of Scotland, to the king of England and his fucceffors •, that the Scottiih earls
and barons were obliged to join with the kings of England, againft thofe of
Scotland, if the latter broke their fealty: farther, that when the vaflals of the
one king, fled from juftice to the kingdom of the other, this other king, or
his vaflals, fhould not refett them in their lands ; and that the vaflals of either
Ihould hold the lands they poflelfed before this convention in the kingdom of
A. D. 1235. tne other. Thefe articles, the Pope mentions in a bull, addrefled to the Scot-
J an -4« tilh king •, and admoniib.es him to obferve them; as his doing fo, would
greatly conduce to the peace and tranquillity of both kingdoms. With the
fame view, a bull, of the fame date, was fent to the archbifhop of York, and

king of Scotland, obtained, after David's death, a grant from Henry of the honour of Huntingdon,
with the callle and town of Fotheringay, faving the right of John, David's fon„ L'p >n his attaining
full ape, which was in the fame year that he was kn glued at Roxburgh, he had his lar.ds de-
livered to him.

• Foidun calls the princefs, courted by Richard, Margaret ; but Margaret was married in izii,
to H. de Burgh. And it is evident from the treaty before the legate Otho, in 1237, that the prin-
cef?, courted by Henry, was called Marjory.

+ The articles here mentioned, are all contained in the treaty of Falaife, in Henry the Second's
time, an account of which is given above, p. 9,9.

6 bifhop

ENGLAND AND SCOTLAND. 131

bifhop of Carlifle ; requiring them to ufe their utmoft diligence, to engage Aie«n<ier it.
the king of Scotland to perform, what he owed, to his brother of England. 1 Satim*

In the progrefs of the year wherein thefe bulls were iflued, Alexander was 1135.
fuccefsful in fuppreffing a rebellion in Galloway, which had arifen the year
before, in confcquence of the death of Alan, the powerful lord of that region.
The fierce inhabitants chofe rather to become fubjecl to a baltard-fon of their ciuon. Maiir.
late lord, than to have their country divided amongft his three legitimate Mat 5 Par "'
daughters, or their hatbands ; whole juft claim Alexander fupported by his
authority. But his commands being defpiled by the Galwegians, who were
joined by many from Ireland and the Ifle of Man, the king led in perfon an
army againft them ; and, though attacked in a dangerous fituation, repelled,
and totally routed the rebels. The baflard, having efcaped from this battle,
fled into Ireland ; and failed in a new attempt, by an invafion from thence, to
make good his claims; for as foon as it was known, that he, accompanied with chron. Mail.-,
his friend Gilrodh, had landed in Galloway, Patrick earl of March, at the
head of his army, together with Adam, abbot of Mailros, and Gillibert,
a monk of that convent, who was lately made bilhop of Galloway, moved to
the frontiers of that province. Their friendfhip for Alan, the late lord, car-
rying them to with well to his fon, they defired Gilrodh to chufe, whither he
would fubmit to the king, or fight the earl's army. Gilrodh, perfuaded of
the fuperior ftrength on the earl's fide, agreed to furrender himfelf, and, by
the appointment of the king, remained for fome time the earl's prifoner.
The baftard, thus deprived of council and aid, was obliged to throw himfelf
on the mercy of the king; who, after detaining him a fhort time prifoner in
Edinburgh caftle, fet him free J. As by thefe fuccefles the king of Scotland
reftored the domeftic quiet of his kingdom, fo he farther ftrengthened his inte-
reft in England, by giving his filler Marjory § in marriage to Gilbert earl of

Pembroke,

J The viftory gained by Alexander over the Galwegians, is placed by the Cliron. Mailr. in .the
end of July 123; ; but by Mat. Paris, in April 1236. Matthew makes no mention of the invafion
from Ireland, which, according to the Chronicle, happened after the viSory gained by the king.
Perhaps the qualhing of this invafion happened at the time in which Matthew places the king's
victory. The ally a.d chief fupport of the baflard in this war was, according to Matthew, Hut;h
de Lafey, whole daughter Alan of Galloway had married. The daughters of the late lord were mar-
ried to Roger de Quinci, earl of Winchefler, John de Baliol, and William, fon to the earl of Albe-
marle ; among whom the lands of Galloway were divided. By this divifion, the power of the king
was increaled ; and the jullice done by him to thefe lords, ferved to increafe his intercft in England,
Matt. Paris, in relating this affair, makes no mention of any claim of fuperiority over Galloway, by
the Englilh king. Roger de Quinci, in confequence of marrying Helen, Alan of Galloway's eldeit
daughter, fucceeded to her father's office, as conllable of Scotland.

§ The fame lady, who, four years before, was courted by king Henry, was now given in mar-
riage to Gilbert, the brother and heir of Richard earl Marlhal, who had difappointed her match
with the king. According to the Chronicle of Dunllaple, quoted by Dugdale, Gilbert received
with Mai jory more than 10, coo meiks [this is not probable] for her portion, befides a noble dowry
in Scotland. Alexander, and the nobles of his kingdom, were prefent at the marriage ; and the
Earl Marfhal was accompanied by many of the nobles of England. Matt. Paris calls her Purlin
tltgantijjima, and mentions the league and affinity of Alexander with the Earl Marihal, as one of
the circumftances that encouraged him to demand, as he now did, the delivery of Northumberland.
Gilbert had great poffeffions in England, Ireland, and Wales, in which he fucceeded his brother
Rkhard ; who, after having been fome time in rebellion againft the king, was treacheroufly {lain

S 2 in

i3l THE EORDER-H ISTOR Y OF

Kilf En'ilnd P em broke, and E3rl Marfhal of England •, who came to Berwick to receive
his bride, and celebrate his nuptials. Encouraged by thefe profperous cir-
cumftances, inftead of fubmitting to the king of England's claim of fove-
reignty, he fent ambafiadors, in the ipring of the following year, to Henry,
while holding his parliament at London, to demand the delivery of Northum-
berland, Cumberland, and Weftmoreland ||, which he claimed as rights of in-
heritance, and alleged, that king John had engaged to reftore them in dowry
with his daughter.

A definitive anfwer to this demand was at that time delayed : but Alexander
ftill infilling, and even proceeding to menaces of aliening hisjuft claim by the

Mat. p«;s, 365. fword, the king of England, by the advice of his nobles, refolved to hold a
ept * conference with him at York, for the fake of adjulling the matters in dilpute,

and preventing an open rupture *. After much litigation, the king of Eng-
land, for the love of peace, and for fecuring the aid of Alexander, to defend
the kingdom of England when occafion fhould require, made him an offer of
lands of eighty merks annual revenue, in fome other place of England ; that
the northern border of that kingdom might not furFer mutilation. But it re-
quiring time to fix the fituation of thefe lands, and to fettle the matter to the
content of all parties, the final determination of it was adjourned, and peace, in
the mean time, kept on both fides -j\

The marriage J of Henry with Eleanor of Provence, which happened in the

begin-
in Ireland in 1234. Other circumftances mentioned here by Matt. Paris, as encouraging Alex-
ander to revive his claim of Northumberland, were the infincere, and ever fufpefted, concord of
Henry with Lewellin, and the enmity of foreign rivals, always lying in wait to annoy him.

|| Matt. Paris mentions only Northumberland, as now demanded by Alexander ; but the agree-
ment between the kings, in the following year, in prefence of the legate Gtho, which is a better
authority, mentions alio Cumberland and Weftmoreland. This agreement alfo fay?, that Alex-
ander demanded thefe counties, without mentioning any other claim than his right of inheritance.
Matt. Paris repreients the demand of Northumberland, as founded only on John's granting it in
dowry with his daughter. It is not improbable, that, in making the demand, thefe two grounds of
claim were united.

* According to Chr. Mailr. and Fordun, this conference was held at Newcaftle. The latter fays,
The kings met there after Mary's nativity (Sept. 8.), that they continued there three days, and that
the queen of Scotland was prefent. Both thefe authors are quite filent about the particular fubjefts
of their conference. Fordun only fays, It was tie utriu/que regni pace et arJuis negotiis. Ford. 1. 9,
c. 52. Chr. Mailr. ad Ann.

Kymer, ;. 370. f At this meeting, the king of England, with a view, probably, of foftening Alexander, made a
grant to his filler of the manor of Dryffeld. Dugdale, vol. i. p. 64. fays, That William de Forti-
bus, the third of that name, earl of Albemarle, having married Chriftian, daughter and cr-heir to
Alan of Galloway, Henry granted to him and her the manors of Thingden, in Northamptonfhire,
and Dryffeld, in Yorkfhire, in exchange fjr what belonged to her, as part of the inheritance
devolved to her by the death of John Scot, the laft earl ol Chefter. The authority he quotes for
this, is the Clofe Rolls of the 25th of Henry, that is 1240 and 1241 ; and the queen of Scotland
died in 1238, March 4. It farther appears from a deed of Rymer, vol. i. p. 379, that Henry, on
the zift of February, before his fifter died, granted her a power to difpofe of Dryffeld, by her tefla-
ment, for two years, fucceeding the Michaelmas after her death (i. e. in 1 238) ; fo that, at Michael-
mas 1240, it returned into the hands of the king ; and he might difpofe of it in the manner Dug-
dale's Authorities reprefent.
n Dec. J The king and queen of Scotland were invited to be prefent at this marriage. The perfons

Ryrotr, i. 348. appointed to cc ndutt them on that occafion from the borders, to Henry's court, were the arch.

bilhop

ENGLAND AND SCOTLAND. 13 . y

beginning of this year, brought him under the influence of a new fet of favou- AfetM&rW.

• L 1 ■ J L'L- LLJ1L K.ofSc I ,

rites ; the relations and countrymen or this queen ; at the head or whom was , ,

William of Savoy, bi (hop-elect of Valence. The refentment of the hnglifh 1136.
barons was foon provoked to an extreme degree, by the infolence and rapacity
of thofe foreigners; who, for their protection, had recourfe to the paramount
power which the Pope itill maintained in England. Henry had alio recourfe
to the fame power to fupport him againft his mutinous vaffals ; and, at his
requcft, Otho was fent over legate to the kingdoms of England, Scotland, and
Ireland. About the fame time, a bull was alio addreffed to king Alexander, , n .
blaming that prince for failure in duty, and breaches of his oath of fealty to Apr.i 2 7.
Henry-, whom, as a fpecial fon of the apoftolic fee, the holy Father loved with R 5 rm,,, 37i-
a paternal affection, and now exhorted Alexander to a more exact obfervation
of what he owed to Henry ; as he would wifh to merit the good-will both of
that prince, and of his father the Pope §.

To enforce thefe exhortations, and to compofe all matters in difpute be- Rym. i. 374.
tween the kings, Otho prefided in a conference they held at York, a fhort time j^f; P g c " 6
after his arrival. At this conference, the king of Scotland renewed his demand
from the king of England, of the counties of Northumberland, Cumberland,
and Weftmoreland, as his inheritance. The Scottifh king farther alleged,
That his father William had paid to John, the father of Henry, the fum of
15,000 merks of filver, in confideration of certain conditions, which had not seeabove,p. n s.
been fulfilled on John's part-, and that Henry himfelf had likewife failed in the seeabore
execution of a treaty of marriage, to have been contracted between him and
Marjory, fifter to king Alexander. In full fatisfaction, and for the perpetual

bifhop of York, the bifhop of Durham, William de Ve(ey, Gilbert de Umfraville, Roger Eertram,

John de Veteriponde (Vepont), and John, the fon of Geoffrey, fheriffof York. r l he King, in his

letter to the archbifliop of York, directing him, and the others mentioned, to attend the b'cotiifti

king and queen, fays, That he knew they would, by no means, come to him, nor was it fit that

they fhould without a folemn conduit. In the 24th and 25th of February following, leuers were Rymer, i, 336,

written to the king and queen of Scotland, notifying to them the marriage that Henry hid, with

confent of his nobles, agreed to between his filler ffabella, and the emperor Frederick. It hence

appears, that Alexander and his queen had either not gone into England, at the time of Henry's

marriage, or made a fhort flay.

§ About this time Richard, firnamed the Poor, bifhop of Durham, dying (15th April), the monks,
without confulting the king, made choice of their prior, Thomas de Melfanby, to fill the vacant fee.
The king objected, that the perfon chofen was an enemy of himfelf and his kingdom ; becaufe he
had before been prior of Coldingham, and had fworn fealty to the king of Scotland : and that there
was a peculiar danger, from the bilhop of Durham's being ill-affected to himfelf, or a friend to the
Scottifh king; that bilhop being poffeffed of places of great flrength, on the confines of Scotland,
and being alfo mafier of a tract of fea-coaft, on which forces might be landed from France and
Flanders, to the danger of the king and kingdom. Several other objections were made to Mel-
fanby : but the monks infilling on their election, and the oppofition of the king hindering their
obtaining juftice from the archbifhop of York, they fought rediefs at Rome ; but their meilengers
dying on the road, and Melfanoy himfelf being ftopt, in attempting to crols the fea, he abandoned
any farther profecution of his claim, and religned the dignity, about three years after his election to
it (A.D. 1240, Sth April). A few years after (viz. 124.4), when the king cime with an army to
Newcallle, afraid, perhaps, of his refentment, he likewife reiigned his office of prior, and retired,
to Fearn Ifland, at that time the retreat of an hermit, called Bartholomew, and (pent the remainder
of his life in pious aufterities and alms-giving. His dead body was carried to Duiham, and buiied
among the brfhops, and feveral miracles were afciibed to iu Wnart. Ang. Sac. torn. i. p. 735,
7.3 6 . 737-

extinction

134-

THE BORDER-HISTORY OF

flemy in. extinction of the above claims and challenges, and of all others, on the part
of the Scottifh king againft the king of England, which preceded the Friday

1=37. before the Michaelmas in the current year, it was now agreed, that Henry

fnould grant to Alexander, lands of two hundred pounds yearly rent *, within
the counties of Northumberland and Cumberland, if lands of that value could
be found in thefe counties, lying without the towns where caftles flood ; and
if there mould be any deficiency, that it (hould be made up by grounds con-
veniently fituated, and lying neareft to the counties above-faid. Thefe lands
were to be held in demefne, by Alexander and his heirs, of Henry and his
heirs ; the former delivering to the latter, in lieu of all demands, a falcon, at
Carlifle, into the hands of the conftabie of the caftle there, on the feaft of the
AlTumption of Mary. Provifion was made by other articles, of the moft ex-
tenfive liberties to the Scottifli kings, as proprietors of this diftricT:; and for
the adminiftration of juftice in it, according to the Englilh laws •, but with a
due regard to the property and power of the Scottifh kings. Matters being
thus fettled, the king of Scotland paid homage, and lwore fealty, for the
lands above-mentioned, to the king of England -f.
Mit. Psris, 377. It is related by Matthew Paris, that when Otho, by virtue of his legatine
commiffion, which extended to Scotland, propofed to king Alexander, at the
conference of York, to vifit his kingdom, the king declared ftrongly againft
it ; alleging, that the legate's prefence there was wholly unne> eflary, all eccle-
fiaftical matters being in good order-, and, at the fame time, deterring him
from expofing his perfon to the ferocity of the inhabitants of Scotland ; which

• The reafons that may be afligned for Alexander's quitting his claim to the three northern coun-
ties, for fo unequal and trivial a confederation, are the formidable power of the fee of Rome, ex-
erted on behalf of the kingdom of England, which the Pope did at that time claim, and treat as
his own ; the influence of Alexander's Englifli queen, and of his great relations and friends in Eng-
land ; and perhaps the failure of thefe Englifli nobles, on whofe aid Alexander had depended, but
who, when the matter was brought to a crifis, were unwilling that their native country fhould be
difmembered of fo large a territory.

-f- It was agreed, that the writings and inftruments, refpefting the, above-faid marriages and con-
ventions, that had been drawn up by Jphn and Henry, kings of England, or by William and Alex-
ander, kings of Scotland, (hould be reciprocally delivered up; with a falvo, that if thefe inftru-
ments contained any articles not relating to the prefent ntgociation, but in themfelres beneficial to
either kingdom, fuch articles fhould be confirmed by new deeds of the kings Moreover, if any
charters could be found, relating to the above-faid counties, they were to be reflored to the Englifli
king. And if any inflruments, relating to the conventions and counties, {hould be afterwards found,
that were not now reflored, it was declared they fhould be held as void.

W. earl of Warien, and Walter Cumyn, earl of Monteith, according to the fafhion of thefe
times, fwore to the obfervation of this treaty ; each of them upon the foul of his matter, and by his
command. Moreover, the king of Scotland made earl Malcolm, the earl of Monteith, Walter
fon of Alan, Walter Olifard, Bernard Frafer, Henry de Balicl, Gilbert Marefhal earl of Pem-
broke, H. earl of Hereford, David Cumyn, David Marfhal, Thomas fon of Ralph, William de
Port, John de Baliol, and Henry de Halting, to give their oaths for obferving the peace, in the
form of letters pa'ent, delivered, to the king of England, Finally, the king and thefe barons fubjecled
themfelves to the jurifdiltion and canonical cenfures of the Pope, in cafe of iheir contravening their
oaths; and for that purpofe they agreed to addrefs a joint letter to the Holy Father, requeuing him,
■to commit his powers for that effeft to any of the fuffragans of the archbifhop of Canterbury, whom
both parties fhould approve of. Such a letter doth accordingly immediately follow theconventicwin
Rymer. The reafon of foliciting the delegation of the pontifical power in this matter, to fome fuf-
fragan of the archbifhop of Canterbury, was, probably, that no countenance might be given to the
archbifhop of York's claim of primacy over Scotland. Tho witneffes fubferibing this convention, are
forty-four in number, confining of bifhops, nobility, and gentry in both kingdoms.

the

ENGLAND AND SCOTLAND. t$6

the king could not undertake to reftrain, and which had lately threatened his K AIt J"coti"j.
own expulfion from the kingdom. Whatever weight thefe remonftrances had / _ _.*
with the legate, it is certain that he did not enter into Scotland, till two years "37.

after*, and then he confined his vifit to the fouthern part of the kingdom. ch "' mIuJ. 4 *"'
Being at Melrofe in the eve of St. Denis, he obliged Herbert the abbot of *>*• ^
Kelib, who, without any good reaibn, had laid down his charge, to relume it. swt.'iift. '
He held a council at Edinburgh, and foon after returned to England, carrying chro|. Maiir.
off with him a confiderable fum of money -h

The queen of Scotland, who accompanied her hufband to York, did not re- a. d. uj8.
turn with him; but having gone a pilgrimage to Canterbury, with Eleanor,
Henry's young queen, fpent the winter in England, and was feized there with
an illnefs, of which (he died in the beginning of March. Alexander had no March 4th.
children by her; and in the following year, took for his fecond wife Mary, A .' d^mj^
the daughter of Ingelram de Couci, a French nobleman, to whom he was Ma y «s«
married at Roxburgh. This lady more than two years after, brought forth, at sept!* 4 '
the fame place, a fon, who bore his father's name, and fucceeded him in the
kingdom. a. d. 1*41*

In the following year, Henry, by the inftigation of the Count de la Marche,
paffed over into Guienne, and entered into a war with the French king,
which was equally inglorious and unfuccefsful to Henry, and was terminated
in the following fpring by a truce for five years. As a preparation for this foreign
expedition of Henry, care was taken to fecure the friendfhip of the king of
Scotland. With which view, the bifhop of Durham J was empowered to affign .
to him lands in England, of the value agreed on, more than four years before at

• According to Matthew Paris, Alexander renewed his oppofition to the legate, when about to
enter his kingdom at this time, and would not permit it; until an obligation was drawn up, im-
porting that the king's allowing at prefent his entrance fhould not be drawn into an example, for
claiming the like licence for the future. This obligation Ocho was to fubfcribe before he left Scot-
land ; but the king retiring to the other fide of the Firth, while the legate remained in his kingdom,
as chufing to give as liitle countenance as poflible to his prefence there, the legate ftole away to
England, and carried off with him the writing unfubfcribed. Matthew Paris feeim to have a plea-
fure in comparing, the fpirited oppofition made to the legate by Alexander, to the fervility with
which Henry fubmitted to him in all things : but his relation of what was faid to Otho by the king
of ScotUnd, is fomewhat difcredited by his making that prince fay, that ro legation from the papal
fee had, in any former time, entered his kingdom. For in Alexander's reign, a pap;d legate had
held a council at Perth in izzi, as another had done in the re:gn of his father, A. D. 1200. It
is worthy obfervation, that Matthew Paris, expreffing Otho's confining his vifit to the fouth of
Scotland, fays, he did not pafs the lea, meaning the Firth of Forth, ufually then called Mart
Stoticum, and that he lodged in the good towns of this fide the lea fin bonis ci-vitatibus ci/marlnis).
Fordun or the Chron. Mailr. make no mention of any oppofition on the part of the king to O.ho's
entering his kingdom.

f In the year 1240, the bones of the abbots of Melrofe, that lay in the entrance of the Chipter-
lloufe, were taken up, and more decently buried in the eaftem part of the fame Chapter-Houfe ;
all excepting the bones of St. Waltheve, whofe fepu'.chre was opened, snd his bxly found at tail
crumbled into duff. So much more honeily, or lefs trt, hr.d the monks of Melrole than thofe cf
Durham ! Thofe who were prefent carried ofTfome of the fmall bone?, leaving the reft to repofe in
peace. One of the company was William, fon to the earl of Dunbar, (he is calied fimply/V/ci
comitis,) and nephew to the king, a knight of good fame. He begged and obtained a tooth of
the faint, by which, as he afterwards gave out, many cures were wrought on the lick.

J This bifhop of Durham was Nicholas de Farneham, who had b?en the king's phyfician, and
was elccled to that fee in the preceding ) ear.

York.

i 3 6 THEBORDER-HISTORYOF

Henry .in. York. Thefe were die manors of Penrith and Sowerby in

" " " e *" ,' The fame prelate negotiated a marriage between Alexander

Ji4». . Scottiih king, and Margaret daughter of the king of England, at that time

Rym. tom. i. ^ j infants : and as a farther mark of confidence, die no;thern provinces of

400. I

RyifyPUc. England, were, during the abfence of Henry, intrufted to the guurdianlhip
Mat.'l'ari 6 ./ of Alexander.

p. s«7- About this time, a great difturbance arofe in Scotland, from a cruel murder

6°™5,*. 9 ' C ' 59 ' committed at Haddington, during the celebration of a tournament there.
Patrick earl of Athol, with feveral of his friends and family, were burnt to
Mat. Paris, death by a fire fet to his lodgings in the night. This was afcribed to the
c'hr.'Ma 5 "' Billets, a powerful family in the neighbourhood of Athol, who had been ac
enmity with the earl, and though not prefent at the tournament -f-, had em-
ployed fome of their dependents to perpetrate this horrid deed. The king
endeavoured to bring the matter to a regular trial ; but the prejudice and com-
bination of the Cumings and other nobles againft the Biffets, was lb ftrong,
that the latter were obliged to abandon their country and eftates, and to fwear
to fpend the refidue of their lives in the Holy Land, as pilgrims, for the
benefit of the foul of the murdered earl. Inftead, however, of fulfilling their
oath, they retired into Ireland ; and Walter going to the Englifh court, com-
plained to Henry of the cruel fufferings which he and his relations had under-
gone, from the fury of the Scottilh nobles and the weaknefs of the king ;
accompanying thefe complaints with flattering allegations, that Alexander had
no right to condemn perfons of their rank J, without the confent of Henry
his fuperior lord.

About the fame time, Walter Cumin and fome other of the Scottifh nobles,
.fortified two caftles, to the prejudice of the king of England, and contrary to
-the charters of their predeceffors, one on the eaftern, and the other on the
weftern march. Certain rebels and fugitive enemies § of the Englifli king,
were alfo harboured in Scotland. And when Henry found fault with thefe
proceedings, as violations of the duty that Alexander owed to him as his

* This appears from the account in Ryley, of the feafin of thefe places, ordered to be given by
Edward I. in the twenty-firft pari, of his reign, to John Baliol, as heir of the late king of Scotland.
He obtained feafin, at the fame time, of Tendale, and a proportional part of the earldom of
Huntingdon, but he claimed thefe by a different title.

•f- This is Fordun's account; but according to Matthew Paris, Walter Bi/Tet, was foiled at the
tournament by the earl, and did, in refentment, fet on tire a barn where the earl and fome of his
friends flept.

% The high rank of Walter Billet, appears from Alan lord of Galloway giving him his filter in
marriage, A. D. 1233. Patrick earl of Athol, being the fon of Thomas of Galloway, Alan's
brother, was of confequence nephew to BifTet's wife. Chron, Mailr. And. Ind. N. N. at
And Dipl.

(j M itthew Paris fays, that Biflet informed Henry, of Alexander's refetting and protecting
Geffrey, the father of William de Morifco, which latter was a famous pirate, who had long
fheltercd hitnfelf in the Ifleof Lundy, in the Severn channel, but was about this time apprehended
and hanged. His father who lived in Ireland, and was afraid of iharing his fon's fate, fled to
Scotland. Mat. Paris, 518, 520.

To the wicked arts of Biffet, the Chronicle of Melrofe chiefly afcribes the expedition of Henry
towards Scotland. He calls him nefandijjimus fraditar. John abbot of Peterburgh ufes the fame
words.

fuperior,

Chr. M.iJ.

Rym. torn. t.

J ans

ENGLAND AND SCOTLAND. 137

fuperior, Alexander boldly declared, that he neither did, nor would, nor * lex ™ d ; M "•

ought to hold, from the king of England, even the lmalleft part of his king- , ' " "' J " .'

dom of Scotland. Thefe irritations fucceeding the great decay of friendfhip a. d. 1244.

between the kings, that had arifen fince Alexander's French match, infpired

Henry with a relblution of invading Scotland. For this purpofe, he led all

the forces of his kingdom to Newcastle; while, on the other hand, the king of

Scotland fortified his border caftles, and afTembling a very numerous army,

entered England; through which he advanced as far as to Potiteland *, w.thin FwJU.'y «. 61.

a few miles of the Englifh. The Scots had all confeffed themfelves, and

animated by the exhortations of their preachers, did not fear to die in defence

of the juft rights of their country -j-. But Richard earl of Cornwall, the

archbifhop of York, and other nobles, moved by a defire of preventing the

effufion of chriltian blood, and by their friendlhip to the king of Scotland,

who was a prince much beloved by both nations J, undertook the good work

of mediating a peace. Their endeavours were iuccefsful, and for the fatis-

facYion of Henry, Alexander gave a charter, in which he promifed for himfelf

and his heirs, to maintain fidelity and affecYion to Henry his liege-lord and his K'.' Pa

heirs, and never to enter into league with any of their enemies § for making p s f8 > 5 6 9-

war upon any of their dominions, unlefs in cafe of fuffering unjuftoppreffion :

it being alfo underftood, that the treaty concluded between the kings at York

in 1237, in the prefence of the legate Otho, as alfo the convention for a

marriage between the fon of king Alexander and the daughter of king Henry,

were to continue in force. This conceffion and promife was confirmed by the

oaths of certain of Alexander's nobles, appointed to fwear to it on the foul

of their mafter. The reft of the nobles fwore to procure with all their might

the obfervation of it by their fovereign, and to give him no aid in infringing

it; and in cafe of its being infringed, both he and they fubje&ed themfelves, Mat Par ; s

as before at York, to the cenfures of the Pope. p 56s.

The peace thus reftored between the kings continued undifturbed during
the five remaining years of the life of king Alexander. In that period, was
held the famous council of Lyons, which feconded Pope Innocent in all his

* Fordun underftood this to be Pentland ; but that Chr. Mailr. means 3 place in England, is
evident from the word ufed in that Chronicle to exprefs Alexander's return, repatriavit.

+ In Henry's army, according to Matthew Paris, were ccoo horfe completely and finely armed,
of foot, he fays, there was a very ftrong and numerous body, but does not give the number. In
the king of Scotland's army, were icoo armed horfemen, mounted on good enough horfes,
although not Spanilh, Iialian, or others of great price, and competently provided with armour of
iron or network. His foot were about too,ooo. Thefe forces he obfiined, according to Mat.
Paris, a magnatibus affinibus et conjinibus, and again, a mult is opthnat.bus et potintibus. Mat.
Paris, 563.

\ Et merito, fays Matthew Paris, as being vir bonus, juf.us, pius, et dapfilis,

§ From this ciaul'e it appears, that Henry's chief quarrel with Alexander, was the latter's
friendly correfpondence with the enemies of the former in France; of which Alexander's father-
in-law Engelram de Couci was one. Engelram died a lit tie before Henry's expedition; but his
fon John, fenf to his brother-in-law king Alexander an aid of forces ; which being met at fea by
fome of Henry's (hips, were driven back to their own country. Mat. Paris, 562.

|| The oath on the foul of the Scottifh king, was fworn by four of his nobles and as many pre-
lates. The oath to procure the obfervation of the charter, was fvvorn by the fame four prelates,
and twenty-four barons ; in the lift of thefe barons, the full is Patrick earl of Dunbar.

T violent

l 3 8

Henry III.
K. of England.

A. D. 124S.

Chr. Mailr.
A. D. 1249.
July 8th.

April 14th.

Nicholfon's
Border-laws,

P *■

Places for fingle
comtat.

Who might be
called to combat.

THE BORDER- HISTORY OF

violent proceedings againft the Emperor Frederick II. At that council alfo
a new croilade was decreed for recovering the Holy Land out of the hands of
the Tartars. This croifade was every where preached up with the greateft zeal i
while the court of Rome carried on the traffick it had been long accuftomed
to make of thole expeditions. Louis IX. intitled the Saint, king of France,
put himfelf at the head of a great band of adventurers of his own and other
nations. Among the reft of his noble followers, was Patrick earl of Dunbar j
who died on the journey. In the year following king Alexander died, while
on an expedition to quiet fome commotions in the Weft Highlands ; and his
body was, agreeably to his own orders, interred with royal honours in the
church of Melrofe.

About three months before Alexander's death, a meeting was held on the
marches of England and Scotland ; for afcertaining the laws of thofe marches,
and enforcing their obfervation. This work was committed to twelve * knights
of each kingdom, under the direction of the fheriffof Northumberland, for
the king of England, and of the flieriffs of Roxburgh and Berwick, for the
king of Scotland ; by which fheriffs the twenty-four knights were fworn, to
make a faithful inqueft and report, concerning the laws and cuftoms that
regulated the intercourfe between the inhabitants on each fide of the limit
between the kingdoms. The articles returned by this jury, as they contain
the moft ancient account that now remaineth of the border laws and
cuftoms are fubjoined, as worthy of attention ; and the fubftance of them is as
follows :

I. -f The firft article is, That any fubject of Scotland accufed of committing
in England, homicide, or any other crime J that ought to be tried by fingle
combat, mail not be obliged to anfwer in any other place but on the marches
of the two kingdoms : and in this article, the places for the trial of thefe
crimes are fixed §.

II. In the next place, it was declared, That all who dwelt between Totnefs
in England and Caithnefs in Scotland, might, agreeably to the cuftoms of the

• The names of the Englifh knights were, Robert de Clifford, Robert fon of Ralph, Robert
Malefante, Robert de Ulfeller, William de Burnville, William de Siremefton, William de Her-
manlion (alias Herington), Robert de Glendale (alias Glenfdine), Sampfon de Coupland, William
de Cookperte, Henry fon of Godfrid (a). — The Scottilh knights were Adam de Earth, Ralph de
Boukle (perhaps Bonkle), William de Northinton (alias Morthinton, perhaps Mordington), Robert
Bernham mayor of Berwick, Adam de Morham (alias Norham), Henry Ion of Waldeve, Henry
de Brade, Richard Holkerton (a'ias Halkerfton), Robert de Durham, Aymar de Emfley, Adam
(alias Alan) de Newbiggin.

There are only eleven knights of each kingdom in the foregoing lift, from Dr. Nicholfon's
border laws. The fheiiff of Northumberland, it may be fuppofed, made the twelfth in the Englifh
lift ; and the fheriffof Roxburgh or Berwick the twelfth in the Scottifh.

+ The author had the perufal of a MS. copy of thefe laws from the Advocates library in
Edinburgh, which differs confiderably from the copy of them publifhed by Dr. Nicholfon.

J In MS. robbery, theft, homicide, or any other crime.

§ If the defendant dwelt above Redam, he was to anfwer at Riding Burn. But Reedfdale and
Cookdale were to anfwer at Campafpeth, agreeably to the laws and cuftoms ufed between the
kingdoms.

(a) In an Englifh (or Scottifti) tranflatian of thofe laws, in the library of the Advocates at Edinburgh, this perfon
is called Hendrk Jafrefon of Pctifeseek.

I faid

ENGLAND AND SCOTLAND. » 39

faid kingdoms, be juftly called to the marches, to decide their quarrels by AJaewdwir.
combat ; excepting the perfons of the kings themlelves, and of the bifhops , '" eo _,
of St. Andrews and Dunkeld (a). "49

III. It was farther unanimoufly declared, That if any vaflal or bondfman o] rh p a e n , hap '
in Scotland, mould, with or without his goods, fly into England with the in- Methods of re-
tention of eicaping from his lord; and if within forty-two days after, he fhould ZnlittllTnit'.
be purfued by his lord or his lord's bailiff, the fugitive fhould be brought men.

back to Scotland, on the oath of the purfuer, without any oppofition from
the Englifh •, the fame being underftood to hold with regard to fugitives from
England. But if the fugitive was not purfued before forty-two days were
elapfed, his lord could not recover him, without a brief from the fovereign of
the kingdom where he remained : and on his being dilcovered there *, after
the expiration of forty-two days f , his lord might leize him, upon giving his
own oath, accompanied with the oath of fix others.

IV. Moreover, it was found, That if any of the rank of a bondfman £, of Method of re -
the one kingdom had delivered pledges for a debt he owed in the other, he sutute^niob.
might recover thefe pledges within thrice fifceen days, upon finding fureties for i.c. ii.or.
payment, one out of each kingdom §, and paying the fum icfelf within the fifteen days po'y^dsftVu not
immediately following. But if the fum was not then paid, the creditor might be ibid within
feize the pledge of his debtor, and detain it, until he received full fatisfaclion for the'L^of utdn e
the debt owing him. But if the debtor denied his debt, he was obliged to them -
purge himfelf of it on the marches, within the firft fucceeding fifteen days,

by the oaths of feven ||, his own included. And this was alfo to be underftood
of the furety, when- the creditor could not be found. But if he confelfed his
debt, and had no goods wherewith to pay it, he was obliged to declare him-
felf not poflefTed of goods exceeding the value of five (hillings and four pence ;
and muft farther fwear, that he will pay the faid debt, as he may be able to
acquire or gain the means of paying it, referving only his own fuftenance.

V. In the next place, they found, That all claimants on either fide, fhould paths to be given
in perfon give their oaths in fupportof their claims, with the exception only of perfonT 3 "" '"
the two kings and their heirs, and the bifhops of St. Andrews and Dunkeld.

The perfon who ought to fwear in place of the king of England, was his
flandard- bearer and the conftableof his army. On the other hand, the prielt
of Wedale ** was to fwear for the king of Scotland, and bifhop of St.
Andrews, and the prior of the Ifle -j-f, for the bifhop of Dunkeld.

VI. It

* In regno ex quo eximerit (in printed copy) ; in MS. regno, in quo extiterit.

■\ An exception is made, nifi fuerit natinjus (not trantlated). Does it mean, that thefe oaths
were unneceffary, where the fugitive was a bondfman ?

J Si nativus aliquis. Nativut is here rendered according to its uTml figniftcation in the laws
and deeds of that time ; but native feems to be the jufter fenfe.

§ Namos fuos replegiabit per inbrocht ivood et utbrocbt ivood, (MS. wed ;) wed is furety. In-
brocht et utbrocbt ncui<vos et extraneoi. Not. in Nicholf.

I Cum feptima manu. This interpretation is given upon a prefumption, that the meaning is
the fame here, with what is more fully exprefl'ed in the conclufion of the former article, by thefe
words, per juramentum fex 'virorum, et fe feptimo, et per facramentum fex virorum, et fi feptima. In
Art. 8.

*• Wedale (Vallis doloris. Ford.) is the fame with Stow, (fo Mill in defcription of Melrofe).

ff Prior de Infula. Probably of Lochlevin, where the convent was governed by a prior. The

T 2 head

Henry Hf.
K. of England.

1149-
In cnu cs of lite,
&c. no deputa-
tion to fwear
without content
of b ih osJties,
Rules to be ob-
fe ve 1 on fa. lure
of parties by
deal -i or other-
wife.

S'.olen goods to
be-fued for in the
l<irds court, on
whole lands they
were found.

Rules about
fureties in cafes
»f combat.

(a) The lives of
different rai.ks
of men were at
tt.at time ap-
j ret. a ted.

THE BORDER-H ISTOR Y OF

VL Ic was. farther declared, That no other perfon befides thefe, had a right
to depute another *, to fwear for him in any quarrel touching life or limb,
unlefs fuch a deputation was made with confent of both parties; but without
this confent, the failure of either in appearing in perfon to give his oath -f-, Jolt
him his caufe for ever.

VII. The next found, That if there were any plea on the marches between a
plaintiff" and defendant that affected life or limbs and if the defendant hap-
pened to die within the fifteen days preceding the day of trial, his body fhould
be carried to the marches at the time, and to the place appointed between the
parties-, becaule no man can be effoigned by death. Again, when the appellant
delayed his appearance beyond the appointed day, the defendant \ ought to
pats to the marches and to obtain an atteftation § from three barons, witneffing
that he had regularly made his appearance on the day prefixed ; and this being
attefted by them, he was to be, in all time coming, free from challenge in.that
cafe : but if any or all of thefe barons refufed to give teftimony of the above
fact, he might oblige them to decide the truth of this charge by a combat :
and the fame rule was to hold witli regard to the appellant.

VIII. It was alfo found, That if any Scottifh robber ftole in England an
horfe, oxen, or cows, or any other thing, and carried the goods ftolen into
Scotland, the perfon whofe property they were, wherever he difcovered them,
might appear in the court [| of the lords in whofe lands he found the ftolea
goods, and fhould there recover them by his own oath and the oaths of fix
perfons befides -, unlefs the perfon pofiefiing the goods, affirms them to be his
own, in which cafe the queftion mud be decided by a combat on the marches.

IX. The next article fixed was, That in any trial on the marches that
affected life or limb, as for robbery, theft, or murder, where the defendant
was eonvicted by the iffue of a combat, his fureties ought not to be anfwerable
for a greater fum than the plaintiff mentioned in his charge. But ** if the
perfop accufed was convicted of flaying a man, and his fureties were dead, he
•f-J- was obliged to make good the forfeiture ; if his own money, and that of his
fureties, together with the produce of their corns expofed to fale, were fuf-
ficient for that purpofe (a) : and if the fureties were not dead, and the accufed
was convicted by combat, all the goods he poffeiTed at the time of attacking
him, ought to incur forfeiture to thepurftier. But ^;J all fuch perfons ought to

head of the convent at Inchcolm was an abbot. fSpotfw. 236, 237.) If, inftead of Dunkeld,.
Durham is 10 be read, the prior de Infula will be the prior of Holy liland.

* Facere Attornatum. f It a pro uncfolo defeBu.

% The word defendant is not in the original; but the fenfe feems neceiTarily to require its being
undeiltood,
. § Accipere planum de Wardjf:cill; W.irufhetll (MS. Hame Wardmeil), I do not underfbnd.
This feventh is a (try obfcure aiticle, and it is doubtful if the tranflition e.tpre'Ies its exaoii meaning.

j| from this, it is probable there weie not a/ that time any Warden-courts.

** From this to the end of the article, from the MS. in the .4dvoc.it.es library.

•ff kefpandelit die de mantopltn. The learned Sir James Foulis of Collington has given the
editor trie following probab.e meaning of the word mantopUn. ' I take Mantoplen tu be a con-
traction lo/ manto plenitudine, a bubarous law term to expreis the full time of waiting. Manto is
a contracted word for manjito the frequentative of maneo. So, refpondibit die manto plcnitudine, is,
that he (hall anfwer when the full time of waiting is expired, that is, when the legal term comes.

}J Dtient f. purgare tanjuftm excitntss de car cere quibui pkglus defuerit.

8 X. It

ENGLAND AND SCOTLAND. i 4r

puree themfelves in the fame manner, as thofe who, having no fureties, are *i«md« ir.
futFered to go out of prifun. K.ofsco.ia.,j.

X. It was next declared, That if a malefactor, paffing from one district or i^j.
province of the kingdom into which he had entered, into another, de.'ied to , Mct . hod " foh -

r i r i i • c i • i • limine peace

obtain protection *, he Should receive it from thole having power to grant it, viz. or protection, M .
from the fheriffof the county into which he had entered; and if he could not p , ffin8 from , ono
find the fheriff, he might obtain peace at the firtt church, by ringing the bells,
and Should remain in peace there, until protection was granted by the Sheriff.
But if before thus obtaining his peace he was attacked, he might be brought
back without any opposition.

XI. It was farther agreed, That if any inhabitant of either kingdom affirm- Comkit* about
ed, in opposition to a claimant of the other, that a horfe, ox, cow, or hog, '° enso0<

in his pofleflion, was his own, he fhould have the ufual rcipite of days elia-
blilhed between the kingdoms -f-, before the matter was brought to a trial.
And on the day fixed for that, if he chofe to avoid a combat, and knew that Method of avoid*
the thing was not his own, he was obliged to bring it to the marches, and ingthefe com-
inform the oppofite party that he was latisfied upon inquiry, that the horfe, bau "
&c. was the property of that party, anil after this declaration he was bound
to drive it into the water of Tweed or Efk; and the defendant fhould then be
free from the claim or challenge brought agai ■.■ft him. But if it was drowned
before it reached the mid-ftream \ of the water, the defendant ought, ac-
cording to the cuftom of the marches, to be ftill anfwerable for it ; and this
extended to an ox, cow, or fwine, or other things, only nothing was eftablifh-
ed about a load §.

XII. They farther agreed, That no inhabitant || of eithtr kingdom could Property in goods
prove his property in any thing pofTefled by an inhabitant of the other, by "rdteVon^ by
witnefies, but folely by the body of a man ** : whence many combats mult combat,
needs enfue, from the Strifes that arofe from time to time on the marches.

• Habere 'vohierit pacem. The article is, Si aliquis malefaclor exijlens in una regione in altera
parte ("MS. alteram partem), regni in quo intranjit, habere •voluerit pacem, &c. Perjiaps, it may
be underftjod of a malefactor palling over the maich that divides the countrie-, from one kingdom
to the other ; and the fenfc, according to this interpretation, feems better. Piobably the text is coriupt.

•f- Habebit dilationes orines inter regna ftatutos et ultimvs dies litis.

J So rendered in MS. translation mentioned by Dr. Nichollon.

\ Defartina.

|| Qiod nullus de regno Anglian potejl prohare aliquam rem. (aliquem reum in printed copy), de
regno Scotia per tejles (nee e cinmtvfo), niji tantummodo per corpus hommis,

** i. e. by his own b.idy,-or ihai of his champion in combat.

A combat of this kind on the marches, was called by a particular name Atra. In a remon- ewe * s Law
ftrance of the clergy of England, preiemed ta the legate Otho in 1237, fir procuring recrrfs from Piaionary in
the king of feveral encroachments on their liberties, they complain of an abufe arifing from an efta- *'«*«
blifhment of the kings of England and Scotland ; by which, not only fimple clerks but alfo abbots A '"""'• Burton,
and priors in the diocele of C'arlifle, when challenged for any thing by a fuhjecl of Scotland, or 29 ~*
reciprocally, were compelled to fight with fpears and fuords, a combat called Aera, on the confines
of the two kingdoms (inter fores- utriufque regni). So that the abbot Or prior, of whatever religion
or order, wis obliged either to a perioral combat, or to have a champion to combat for him, and
if this champion was defeated, the abbot or prior was to undergo capital punifhment ; of which
there had been a recent inftance in the prior of Lideley. The clergy fupplicated the legate to ad-
naonifh, or, if admonitions could not prevail, to employ his legatine authority, to compel the
kings not to fuffer fo detcltable an abufe to be extended to ecc'cfjaltical perfons.

■ XIII. They

142

Heniy III.
K of England.

. ■

■ ! 49-
How different

ranks of men are

to be purlued fur

debts.

Magistrates in
the country, and
burghs have
power to execute
the above laws.
Alexander III.
K, of Scotland,

Ford. 1. to. c.4.

Mat. Paris,
7'5> 7i«.

THE BORDER-HISTORY OF

XIII. They farther agreed, That any perfon in either kingdom purfuing
for the recovery of a debc due to him in the other, ought, according to the
laws of the marches, if the perfon indebted to him were a clerk, tofeek %jnjlice
from the clerks, if a knight from the knights, and if a burgefs from the bur-
geffes; by which claffes alone judgment § is refpedtively to be given, where
their brethren are concerned.

Finally they agreed, That the magiftrates within and without || burghs
fhould have power to diftrain the inhabitants of each kingdom, in order to
enforce the observation of the aforefaid cultoms between the kingdoms.

The Scottifh nobles had taken care that their young king Alexander fhould
be crowned by the bifhop of St. Andrews, on the fifth day after the death of
his father; but the dilbrdt-rs that foon arofe, from the ambition and outrages
of thefe untamed chieftains, gave Scotland a tafte of the evils attending a
fovereign's minority •, which that nation was beyond all others doomed to
experience. The remedy for thefe diforders refolved upon for the prefent,
and which the Scottifh clergy are faid to have fuggefted, was to cb.ain the
king of England's protection, and increafe his alcendant in Scottilh affairs, by
a fulfilment of the treaty concluded between Henry and the late Alexander
king of Scotland, for a marriage between the heir of the latter and the eldeft
daughter of the former. With this view, ambafladors were fent to the Englifh
court, and the motion was the more welcome to Henry, on the account of
his having the year before taken the Crofs for an expedition to the Holy
Land; on which expedition he was now determined foon to fet out. The
great debts in which his inattention and profulion had involved him, the op-
poiition made by his barons to every demand of new aids, and the diftrefs
which his clergy and people underwent, from the intolerable exorbitant
oppreffions of the court of Rome, made it extremely difficult for him to pro-
vide funds for his intended expedition. But thefe difficulties being in fomc
degree overcome, it behoved him next to fecure the peace of his dominions,
during his abfence from them ; and this could not be better effected on the
fide of Scotland, than by folemnizing the marriage long fince agreed between
his daughter Margaret and king Alexander.

In order to the celebration of thefe nuptials, Alexander, with a numerous
retinue of nobles and knights, came to York, at Chriftmas. He was received
in that city by the king of England, accompanied by his queen and the royal
bride, and by a very numerous and fplendid aiTembly of the great men of his
kingdom. There was alio prefent Mary * the queen-dowager of Scotland ;
who had not long before paffed through England, in her way to France, to vifit
her friends and native country ; and returned, to attend her fon's marriage, with

\ Clerhos inde mature (MS. namare).

% Et de Mis et non aliis judicari (MS. Sic de aliis Iff non alios judicari).

|| in burgh et out burgh poteftatem babebunt Mi, in burgh et in Suthburgh),

* Matthew Paris fays, that the queen, in the right of a widow, enjoyed the third part of the
royal revenue in Scotland (pro-ventuum regni Scoria), amounting to more than 4000 merks, befides
other pofleiiions which were given her by her father Engelram. A little before he calls her revenue
in Scotland 7000 merk?. Her riches enabled her to appear at her fon's marriage with a pompous
and numerous retinue. Mat, Paris, p. 715.

many

ENGLAND AND SCOTLAND. 143

many nobles of that kingdom. Alexander, having received the enfigns of Alexander in.
knighthood from the king of England, on Chriftmas day, was, on the day . ' " J'L '"_,'
following, married to the princefs Margaret ; and the fucceeding holidays a. d. i» 5 ..
were, on this joyful occafion, fpent with extraordinary feftivity. The king f^t™' '*
of Scotland having, at this time, paid -f homage to Henry for the lands
he held of him in England, it was propofed that he mould alfo render fealty
and homage for his kingdom of Scotland : but this was refufed by the young
king, who alleged J, that the object of his journey into England, was to
cement peace between the two nations by a new tie of affinity, and not to
treat of fo arduous a queftion, concerning which he had not the opportunity
of deliberating with his nobles. Henry, unwilling to difturb the joy of the
marriage feftival, by prelTing what was fo difagreeable to Alexander and his
counfellors, did not for the time infift farther on his demand.

The young queen, accompanying her hufband to Scotland, had Englifh Mat - P " ;, »
attendants of both fexes appointed her by her father, to take care of her per- P " '
fon and education. The minifters and counfellors of the young king were alfo
changed, by the influence of Henry. The chief of thefe was Alan the porter Ford ' '• ,0 *
(Oftiarius) judiciary of Scotland, who was married to the king's natural c'hr! rviiiir..
lifter, and was accufed of a treacherous defign on the crown, in foliciting at f - it9 '
the court of Rome the legitimation of his wife or her daughters, that they
might be capable of fucceeding the king, if he mould die childlefs. The
chief accul'ers of Alan and his fellow counfellors were Walter Comyn earl of
Monteith, and William earl of Mar. Some of the accufed, not thinking
themielves fafe at York, fecretly withdrew to their own country ; and a new
appointment was made of guardians and minifters for the young king ; at the
head of which was the earl of Monteith.

Although the king of England had bound hirnfelf, by, his oath to the Pope,
to fet out for the Holy Land before Midfummer, yet fuch troubles aroie in
his French territories of Guienne, from the tyranny and oppreffion of their
governor Simon de Montforr, as made the king's prefence, and the exertion
of all his force, neceftary in that quarter. But the accuftomed difficulties he
found at home, in obtaining fufficient aids for his intended expedition, delayed
his fetting fail till the end of the following ftimmer. His fuccefs after he ar- a;D.-i*5«
rived was ipeedy and entire: his vaflals were loon reduced to obedience, and Augufi 6.
Alphonfo, king of Caftile, who pretended a right to fome parts of Guienne,
and had fomented the late diforders, was changed from an enemy into a
friend, by a marriage between Eleanor his filter and prince Edward of Eng- a. d. 1254,
land.

In this expedition to Guienne, Henry was followed by Alan, the Scottifh Cfcr.Malw
baron beforementioned, who, by the courage he difplayed in the king's fer-
vice, not only regained his favour, but obtained credit with him, in the

f Homagium, rations tenement! quod tenet de domino rcge Anglorum de regno fcilieet Anglia,
Laudiano •■videlicet et reliquis tetris." M. Paris, 716. No mencion of this or of any homage in
Fordun, or the Melrofe Chronicle.

X It would be much more proper to afcribe thisanfwer to Alexander's counfellors than to himfclf,
who was at that time a chrld little more than ten years old.

recrU

p. 220.

144

THE BORDER-HISTORY OF

Henryiu. recriminations § he brought againft the oppofite faction, into whofe hands the
K^ofEngian^ y OUn g J<i n g and queen of Scotland were put, after their marriage. Thefe re-
" isj4. criminations were fucceeded by the informations of others, and by complaints

tranfmitted from the young queen |] of the hardfhips (he underwent from the
guardians of the king and herielf *, who held her in ftrict confinement, re-
fufed her the attendants and maids Ihe choie, and debarred her from the
■Rym. tom. i. embraces of her hufband. It was with the declared intention of remedying
p ' 5 °" thefe diforders, and putting his daughter and fon-in-law into a more agreeable

a. d. 1255. fituation, that the king, in the end of the fummer after his return from
France, made a progrefs, with his queen, towards the marches of Scotland.
Rym. tom. i. For the better effectuating of his purpofe of changing the adminift ration

p- 55 8 > 559- in that kingdom, he lent before him Richard Clare, earl of Gloucefter and
Hereford, and John Maunfel the king's fecretary, and provoft of Beverly,
with general letters of credence to the fubjedts of the Scottifh king, and with
powers to take into Henry's protection all who would adhere to him, againft
thofe who had demeaned themfelves in an injurious and rebellious manner
towards the king and queen of Scotland. They carried an exprefs pro-
tection to Patrick earl of Dunbar, and to the earls of Strathern and Car-
rick, together with eleven other Scottifh chieftains, named in the writing -f;
to all whom the king engaged for himfelf and his heirs to give faithful aid in
attacking and diftreffing the offenders above named; declaring it to be his
delire, that they fiiould thus proceed againft them. He farther promifed to
attempt nothing againft the perfon of their king, nor to infift on his being
ipHus ixhandi- difinherited : he engaged likewife, not to endeavour to diffolve the marriage
utiam. between Alexander and his daughter, nor to make any peace or truce with the

forefaid rebels and traitors upon the abovementioned heads : and finally, that
this writing fhould continue in force until the king had completed his twenty-

§ Perhaps it was in confequence of thefe recriminations, that Simon de Montfort Earl ofLeicefter
was fent by Henry to the king of Scotland, to communicate to him fome fecrets, with which the
king of England had for that purpofe intruded him. Rym. i. .,28.

|| Reginald of Bath, an expert phyfician, who was fent by the queen of England to take care of
the health of her daughter and fon-in-law, incurred the refjntment of the guardians and minifters
of the young king and queen, by accufing them openly of their maltreatment of their fovereigns;
he died foon after at Edinburgh, and believed he was poifoned by the contrivance of thofe whom he
had provoked; and when dying, wrote letters to the king and queen of England, charging the
guardians with hi> death, and with their batbarous and inhuman treatment of the king and queen
of Scots. M. Paris, 780.

* The perfons whom Henry had chiefly trulted (as appears from Mat. Paris) in the management
of affairs at the Scottifh court were, Robert de Ros and John Baliol, whom that hiftorian calls men
of great power and authority. They hud great eilates in both kingdoms. M. Paris fays, that the
king, relenting the rebellion of the northern barons againft his father, had flript them of their
eflates and bellowed them on ftrangers ; and that this feverity hal been exercifed towards all, ex-
cept Robeitde Ros and John de Baliol, who now fell under his difpleafure. Robert de Ros pleaded
that he would not fuller the king and queen to fleep together, becaufe of their youth ; which feems
{0 be a very good defence, the king not being yet fourteen years of age. M. Paris, 79S.

f Thefe were Robert de Brus, Alexander Steward of Scotland, Alan Olliarius, David de
Lindefai, William de Brechin, Walter de Moray, Robert de Mefneres (Al. Meyners) i. e, Menzie;,
Walter le Senefcal (Ita) John de Crauford, Hugh de Crauford, and William Kalebraz. A gene-
ral claufe is added, Qmnes alios qui nobis barert voluerint, Rym. i. 569.

firft

p. 560.

ENGLAND AND SCOTLAND. *A5

firft year. The earl of Gloucester and Maunfel, fpeedily and unexpectedly ^ '"s"^],',,'].'
entering Scotland with a confiderable body of armed followers, and acting
in concert with the earl of Dunbar, Alan the porter, and their adherents, ,i ss-
furprifed the caftle of Edinburgh J, and thereby got into their power the
perlbns of the king and queen. One caufe of the queen's complaints they Mat. Paris
inflantly remedied, by putting her to bed with her hufband; but apprehend-
ing an attack from the combined forces of the oppolite party, they quickly
conveyed their prize, defended by a ftrong guard, to the caftle of Rox-
burgh.

The king of England, informed of the good fuccefs of his forerunners, which
fuccefs allured him of fettling all things in Scotland to his wifh, did imme- Rym«om
diately give warning to his military tenants, and the other armed forces of his
kingdom, to repair to him with all fpeed, to accompany him to his northern
frontiers. For the fupport of his friends and effectual refiftance of his adver-
faries, it was requifite he mould be thus attended: but the approach of fo
great a force tending to excite a confirmation, and fufpicions that were hurt-
ful to Henry's defigns, he emitted, when at Newcafile, a declaration dif- ibid. P . 561.
avowing all intention to violate the ftate and liberties of the king and kingdom Aug ' * 5 '
of Scotland, in his prefent vifit to his fon and daughter} and that he did not
mean that thefe liberties fhould fuffer hurt from the change that was made in
the counsellors and great officers of Alexander, at the time of his marriage at
York. Aflurances of the fame ftrict regard to the perfons and liberties of the ibid. P . s«t,
king and kingdom were included in the fafe-conduct fent from Chillingham to s 'f l - *■
the king and queen of Scotland, on their coming to Henry at Wark, or any
other place on the marches. The attendants appointed to conduct and to re-
conduct in fafety the king, queen, and all their company, were Henry's two
half brothers, Geoffry de Lufignan, and William de Valence, together with
four of his principal earls *, and Maunfel his fecretary.

The king and queen of England having come to the caftle of Wark -f, were s * lt " 6 '
vifited there, probably on the day after their arrival, by the king and queen

J The Chronicler of Melrofe and Mat. Paris relate this furprife of the Maidcn-caftle with diffe-
rent circumftances, though in the main they agree. The Chronicler fays, that Alan the porter and
his aflbciates, having come to a convention of ellates at Edinburgh, did there confent to an agree-
ment with the oppofne party; for the final adjuftment of which, a new meeting was to be held at
Sterling: and that the king's guardians and counfellors having gone thither to make preparation for
that aflembly, earl Patrick and his afTociates feized the opportunity of their abfence, and furprifed
the caftle of Edinburgh, where they were foon joined by the earl of Gloucefter and Maunfel.
M. Paris relates, that the earl of Gloucefter and Maunfel, leaving their attendants at a proper
diltance, were admitted into the caftle as knights that depended on the family of Robert de Ro>,
and that their followers entering one by one, fo as to give no alarm, at laft grew to be too ftrong
for the garrifon. The Chronicler of Melrofe, being one of the party of the ejefled courtiers,
fays not a word of the complaints of the young queen, or of any maltreatment fhe had received.

* The carls were, Richard de Clare earl of Gloucefter and Hereford, R. de Bigod earl of
Norfolk and marfhal of England, William de Fortibus earl of Albemarle, and Edmund de Lacy
earl of Lincoln. Rym. torn. i. p. 563.

•f The caftle of Wark was, at this time, in the pofTeflion of Robert de Ros, the yourger fon of
Robert firnamed Furfari, who built the caftle of Hchnfley or Hamlake in Yorkfhire, and rebuilt
that of Walk in Northumberland, He inherited the barony of Walter Efpec the father of his

U great

! 4 6 THE BORDER-HISTORY OF

Henry in. f Scotland, who, as is evident from what is above related, refided at that

K, of England

time in the neighbouring caitle of Roxburgh. The king of Scotland re-
i*55- turned the fame day ; but, moved by the entreaties of her parents, left his
R™.*w*'i. queen at Wark, to attend her mother, who was fick. Henry on the day
p- s 6 s- following, in compliance with the invitation of the young king and his

couniellors, went to Roxburgh-, where Alexander received him with the higheft
demonftrations of joy, and conducted him with a pompous proceffion to the
church of Kelfo. Henry addreffing himfelf to the great men afTembled there *,
recommended the care of the king and nation to the earl of Dunbar and his
ailbciates ; and, after partaking of a royal entertainment, returned to Wark.
Henry remained at that caftle, or in its neighbourhood, fifteen or fixteen
days; during which time, the Scottifh nobles of his party who were afTembled
at Roxburgh, came to certain refolutions, which being reduced into a written
Sent. »«. deed in name of their king, was delivered to Henry, before he fet out on his

p. y j65. tom ' '" return to the interior parts of his kingdom. This deed bears, that Henry,
having for the honour and benefit of the king and kingdom of Scotland,
come in perfon to the march between the kingdoms, Alexander at his requeft,
and by the advice of his prelates, nobles, and barons -f, had removed from
his council and their offices, his late counfellors and fervants, as their deferts
were faid to require. Alexander alio binds and obliges himfelf not to admit
thefe perfons or their friends to his favour, or to any place in his council, or
the management of the affairs of his kingdom, until fatisfaction be made by
diem to himfelf and the king of England, for offences they were, or might be
charged with. He alfo promifes to compel them, if neceffary, by every juft
method to make this fatisfaclion ; but a power is referved to him of calling
and admitting them and all others to his aid, in cafe of an invafion of his
kingdom by any foreign prince. In the room of thole removed, he nominates.

great grand naother. He gave Wark to his younger fon Robert, who, on this occafion, delivered
it to the king : it feems the king had, at that time, a fuit againil Robert for the right to that caftle ;.
but ihe king engaged, that no advantage with regard to that fuit, fhould be taken of the prefent
farrender. Dug. Bar. z. 554.

* Fordun fays, that the two kings, together with the nobles of each kingdom, held a long
conference ( diuturnum colloquium). He only fays in general of their refolutions, that many of
them gave offence to the prelates and nobles of Scotland, but that fome of them w»;re profitable to.
that kingdom. Ford. 1. 10. c. 9.

\ The prelates, &c. who are faid to have been the advifers of this change, were the bifhops of
GUfgow, Dunkeld, Aberdeen, and the eleft of St. Andrews (GameKne,) the abbots of Dun-
lermling, Kelfo, Gedwurth, and Newbottle ; the earls of Fife, Dunbar, Cairick, Strathern,.
Alexander Steward of Scotland, Robert de Brus, Alan the Poner, Walter de Moray, David de
Lindefay, William de Brechin, Hugh GifF-ird, Roger de Moubray, Gilbert de Hay, Robert de
(a) It is Dune- Meyners, William de Du/ieglafs (a), John de Vaux, William de Ramlay, (in all twenty-five,),
glafs, probably anc j i t j s added, feveral others of the king's barons.

miflaktn tor y^ p e .r ori5 removed from the king's council and fervice were, the bifhops of Glafgow and

Douefafs'' 'see Bumblane, and the eleft of St. Andrews, William Cuming earl of Monteith,. Alexander. Cuming.

Home of Gdi- cirl of Buchan, William earl of Mar, John de Baliol, Robert de Ros, Aymer de Hikefwell and

crofr, p. ia. his wife Mary, John Comyn, Nicholas de Soules, Thomas de Normanviil, Alexander Vinet, John

Fol.edit. de Aundcmo', Daiid de Grahim, John le Bland, Thomas Ralphfon, Hugh Gurley, and Wilham.

hi'- brother, William VVi{b.ird archdeacon of St. Andrews, Brother Richard almoner of the Tern-

plars, David'de L.uther, John Wyfchard, William, de Canerhon (Cameron), and Wiiham, lately

the king's chaplain, (In all tw*nty-fix.)

a lift

ENGLANDANDSCOTLAND. 147

a lift of fuccefibrs * chofen out of the number of thofe, by the advice of K Ak ' xa s nt!e !' '"•

whom thv- change was made. Thefe were to hold their places in council and ' ._)

their employments for feven years, if not deprived for their mifbehaviour ; and i*ss.

if any of them (hould be removed on this account, or by death, a fucceffor
was to be appointed by the remaining members of the council. The di-
rection of every thing relating to wards and efcheats, was to be in the hands
of thefe counfellors and their king. By the fame authority, were fhenffs,
forefters, and other inferior officers, to be removed when guilty of offences
that deferved it, and others fubftituted in their place-, and without the joint
advice of thefe counfellors, none of the royal ca.iles were to be taken out of
the keeping of thofe to whom they were at prefent intrufted. Alexander
farther promifed for his own part, the moll affectionate and honourable treat-
ment of his queen, and to procure due refperfr, to be (hewn her by all in his
kingdom : finally, he ratified and approved of all reafonable obligations and
concefiions made by his prelates and great men to the Englifh king, as pro-
ceeding from his own command and will. In confirmation of all the above
articles f> he made Patrick earl of Dunbar to fwear upon his foul ; and for
enforcing the obfervation of them, fubjec~led himfelf to the cenfures of the
Pope. But this writing at the end of the abovementioned period of feven
years, was to be reftored to the king and his heirs, and never after to be of
force J.

This deed being fealed and attefted by king Alexander at Roxburgh, was
immediately tranfmitted to Henry, who on the fame day it was delivered to

* The n:w counfellors and minifters were, the bilhops of Dunkeld and Aberdeen (Richard and
Peter); the ea Is of Fife, Dunbar, Strathern, and Carrick, Alexander Steward of Scotland,
Robert de Bnu, Alan the Porter, Walter de Moray, David de Lindefay, William de Brechin,
Robert de Meyner (Menzies), Gilbert de Hay, and Hugh Giffard. (In all 15.) Of thefe.
Richard bilhop of Dunkeld was appointed chancellor, Davii de Lindefay greit chamberlain, aad
Alan the Porter chief judiciary. So Fordun, I, 10. c. 9.

The kingcf England took care to punilh his own fubjefts Robert de Ros and John Baliol. He
feized the lands of the former, and made the latter, who was very rich, purchafe his pardon by a
great fum. M.Paris, 781. The fame author fays afterwards in p. 8zi. that Robert de Ros, the
moll eminent of all the Northerns, was pitifully and irrecoverably deftroyed. Yet Dugdale qu">t-
ing original charters, fays, that though Robert de Ros was fined 100,000 merks, it was afterwards
forgiven him. The king alfo quitted the claim to the caftle of VVark. Dugd. ii. 554.

+ Thefe obligations are in this deed mentioned only in this general manner ; but the deed
itfelfmuft certainly have been what the Mailros Chronicle calls it, that execrable writing, drawn
up and fealed by the earl of Dunbar and his party, containing, as the author of the Chronicle fup-
pofed, many things that tended to the difhonour of the king and kingdom. The fame Chronicler
fays, that the king of England had returned home, much offended at the bilhop of Glafgow, the eletl
of St. Andrews, Walter Comyn, earl of Monteith, and the other great men of theTand, for not
putting their feal to that writing. The abbot of Melrofe is not in the lift of the convention at
Roxburgh; nor were any of the abbots there prefent put into the lift of new counfellors. The
bilhop of Glafgow and the eleft of St. Andrews were alfo excluded from that number, on account,
as is probable, of the oppofition made by them to the meafures of the meeting.

J On the fame day on which this deed was delivered to Henry, he fent a written obligation to the
king of Scotland, engaging, that the queen of Scotland (hould be reftored to her hufband, or his
knights carrying this obligation, as foon as her mother the queen of England was recovered, and
mould fet out from Wark towasds the fou;hern parts of England. Rymer, p. $6;.

U 2 him,

at Wirk.

148 THE BORDER-HISTORY OF

Henry in. him, annexed to it at Sprowfton *, a declaration bearing his engagement, that

t^^L^j nothing in the written deed of the king of Scotland mould, after the expira-

1*55. tion of the abovementioned term of years, be of prejudice to the prince him-

felf, his heirs in the kingdom, or the royal liberties, and that the deed itfelf,

although utterly void, fhould for greater lecurity be reftored. The king of

England having thus fettled the affairs of Scotland to his mind, fet out fouth-

Ryrn. tom. 1. W ard a day or two after : but the new council and miniftry of the Scottifh

sept, z'tft, king obtained from him before his departure, a written engagement to protect

and aid them, againft the opprefTion or affaults of the oppofite faction, and to

make neither peace nor truce with thofe rebels, without the conient of his

prefent friends •, who engaged on their part, to do their utmoft to procure

iatisfaclion from their adverlaries for the injuries they had done to the king of

England, and to conclude neither peace nor truce with them, without that

king's concurrence. With the view alfo of fupporting and increaling his party

in Scotland, Henry, when at Alnwick, in his way fouthward, left full powers

fpt ' 23 " to the earl of Gloucefter and John Maunfel, to treat and conclude in his name

with all manner of Scottifh perfons.

a.d. 1256. In the following fummer, the young king and queen of Scotland made a

M Ug 'p7r'is v ^ 1t t0 ^ e court or " England at Woodftock •, where they were received by

P . 799,800. king Henry and his queen, with the fondefl: parental affection, and entertained

with much magnificence -f\ At this time, Henry, notwithstanding his own

Rym. tom. i. neceffities, conferred on Alexander the county of Huntingdon J, with the

p. *os. honour belonging to it, as it had been held by fome of his anceftors. Soon

after, Henry iffued orders to the fighting men of the five northern counties of

England §, if the king of Scotland fhould ftand in need of their aid againft

his rebels, to obey the commands that fhould for this effect be given them by

John Maunfel : and, at the fame time, Maunfel was fent towards Scotland,

probably in the fuite of the Scottifh king, with powers, in Henry's name, to

provide and order every thing that concerned Alexander, as he fhould judge

moft conducive to this prince's honour and intereft.

• Sprorifton, in the printed copy irv Rymer, is an cafy miflake for Sprowiton, which muft be un-
doubtedly the true reading. A memorandum annexed, fays, that the king of England's let.ers
patent, containing Alexander's deed, and Henry's declaration fubjoined to it, were drawn up and
granted to the king of Scotland, by the advice of his earls and barons, of whom feveral are named
that met at Karliol (fo printed), but the true reading is certainly Carham, where Henry might
advil'e with his counfellors on the fame day on which the writing of the king of Scotland was tranf-
mitted to him.

The city of Carlifle is diftant from the village of Srrowllon betwixt fixty and feventy miles, but
the fmall village of Carham is only at the diftance of three or four miles frcm it.

•f- When Alexander and his queen, along with the king and queen of England, and a very
numerous and fplendid retinue of nobles and courtiers came to London, they were all feafled in a
very magnificent manner by Maunfel, whofe houfe of Totale not being able to contain them, he
was obliged to ereft for their reception feveral magnificent and royal pavilions. Mat. Paris fays,
that (uch a fplendid, copious, and well conducted entertainment was never known to be given by
a clergyman. Mat. Paris, p. Sco.

% Alexander, however, does not feem to have obtained po.TelTion of this county, for, according
to Fordun, I. 10. c. 28. he fent fourteen years after, (A. D. 1270) Simon abbot of Duti-
fermling and William earl of Mar, to demand this county as rightlully defending to the kinrj
of Scotland from his ancellors; but the king of England and his counfellors refund to give it up.

§ York, L.ncbfter, Weilmoreland, Cumberland, aud Northumberland.

5 The

ENGLAND AND SCOTLAND. 149

The new counfellors that Henry had placed around the young king, did Aiexanttr m.
not poflefs their offices without much uneafinefs and danger from the eager , c ° '" ',
refentments and great power of the oppofite party. This party they farther »*;«■
exafperated, by attempting to bring them to a rigorous account of their ad- Ford ' l ' 0,c -''
miniftration, and particularly of their management of the royal revenues,
while the power was in their hands. The reigning faction did alfo provoke the chron. M^iir.
bulk of the clergy, and brought upon themfelves the difpleafure of the Pope,
by their feverities againft Gameline, whom the bifhop of Glafgow had, in
contempt of their prohibition, confecrated at St. Andrews. They feized and
plundered the poffeffions of Gameline's diocefe, and obliged himfelf, as an out-
law, to abandon the kingdom. This prelate paffing by fea from Scotland to
France, and thence to Rome, carried his complaints to Pope Alexander, by
whom they were favourably heard, notwithftanding the reprefentations made
by the meffengers whom the king's counfellors had fent to Rome to defend
their conduct. The Pope gave powers to Clement bilhop of Dumblane, to-
gether with Matthew abbot of Melrofe, to fulminate the cenfures of the
church againft Gameline's perfecutors ; who, not regarding the admonitions
given them by thefe prelates, were at laft excommunicated by name at
Cambufkenneth.

Meantime, propofals were made by the Cumings and their adherents, for
reftoring domeftic peace and giving fatisfaction to the king. Some propofals
of this nature were, in the beginning of the following year, fent up to the R A ' D- "? 7-
king of England from Roxburgh by the dean of Dunkeld and Adam de 619?' **'**
Morham * •, but had not been approved at the Englifh court. For, in the *?"• t0 ™- '•
following fummer, Mary the queen dowager of Scotland and her hufband ' 5 '
John de Acre, fon to the king of Jerufalem, having folicited Henry for afafe-
conduct, in pafling from France through England to Scotland, it was granted
to them, on the interceffion of the queen of England's brother, Peter de
Savoy earl of Richmond ; but, under the exprefs condition that they lhould
bind themfelves by oath, to attempt nothing to the prejudice of the king or
kingdom of England, the king and queen of Scotland, or of the council
which the king of England had affigned to thefe princes. It is probable,
that thofe vifitants, on their arrival in Scotland, aflumed the office of media-
tors between the contending parties. For a meeting was foon afcer held at R .
Stirling, for compofing the ftrife between the king of Scotland and certain of P . 6&
his nobles ; to attend which meeting, Henry, when on his march againft the A ^* 34,
Welch, deputed the archbifhop of York, the bifhop of Durham, and five
others -j-, with powers to conclude, in conjunction with the king of Scotland's
council, what they judged for the honour of the two kings.

This meeting at Stirling, if it was really held, had not anfwered the end Ford. 1. 10.
propofed. For, about tv. o months after it, the earl of Monteith and his c -'°-
aflbciates, by a fudden affault in the night, feized the king in his bed at Kin- chr. M«iS»'
rofs ; juftifying their conduct by the alleged nccelfity of taking their fove-

• The commiflion of thefe meffengers is atrefted bv Patrick earl of Dunbar.

•j- I he others were,. Richard de Quincy earl of Winchefter, B prior of Durham, John

M;mnfel provolt of Btvealy, Giibertou de Prefion, and William Latimer,.

reign

»50 THE BORDER-HISTORY OF

iJ^Eng'rad. rei S n out of the hands of perfons excommunicated by the papal authority,

, ,_!_, left the whole kingdom mould be laid under an interdift. This bold ftcp they

M™"il!h had P robabl y been encouraged to make, by Henry's being engaged in a war with

R>ai.i. 6 5i . ' the Welch, and by his bad fuccefs in that war. And, early in the following
year, the heads of this faction which now bore rule in Scotland, entered into
a league * with Lewellin prince of Wales, and the lords of that nation, againft

Chr. Mtilr. 5 lle kin S of En " ,and as a common enemy. Upon king Alexander's thus falling
into the hands of the party of the Cumings, Alan the porter fled to the king

Mibpirii.gn. o f England; his accomplices were fcattered into different places, and the
Englifhmen, who poffefled offices of honour and truft in Scotland, were ob-
liged to return to their own country.

Chr. Mii!. In the beginning of this year, king Alexander, accompanied by his new

counfellors, had led an army to Roxburgh, in order to reduce the oppofite
party of nobles and barons, whofe ftrength chiefly lay in that corner of the
kingdom. In this reverfe of fortune they obtained a refpite from hoftilities,
by promifing to appear on a certain day at Forfar, there to undergo a trial for
the crimes laid to their charge; inftead of which, they abandoned their coun-
try, and repaired to their patron the king of England, to folicit his counfel
and aid. This expedition of king Alexander to Roxburgh was in the time of
Lent, which holy feafon the Si ors and Gallowaymen in his army profaned,
by eating fiefh ; and alio committed various depredations in the adjacent
country. Gameline f bifhop of St. Andrews, informed of the revolution at
home in favour of his friends, returned about this time to Scotland, and
loon became a principal perfon in the adminiftration.

The iummer of this year was a very turbulent one in England. The over-
grown nobles of that kingdom, at the head of whom was Simon de Montford
earl of Leicefter, juftly offended at the favour and exorbitant bounties of the
king to his brothers by his mother, as well as to other foreigners, entered into
a combination to expel them from the kingdom. But not content with effect-
ing this, they eftablifhed a council of the chief of their own number;
to whom they obliged the king to commit the direftion of all publick affairs'.
Their profeffion was to reform all the difordets that prevailed in the ftate, and
they required all to Iwear obedience to the regulations made by them for that
purpofe ; which regulations were afterwards known by the name of the Ox-
ford Provifions. This new fyftem was eftablifhed in June, in a parliament
held at Oxford ; which, from its extravagant proceedings, was afterwards
called the Mad Parliament.

By this fituation of affairs in Fngland, the influence of Henry in Scqtland
muft have been greatly diminifhed. An attempt, however, was made tocom-
pofc the ftrifes between the Scottiih parties, by the mediation of certain

• The S.ots who contraft in this league are, Walter Cuming earl of Monteith, Alexander
Cuming carl of Buchan judiciary of Scotland, William earl of Mar, William earl of Rofs, John
CuminjuiiK'a:)' ot Galuedia, Aimeris de Makefwell chamberlain of Scotland, and nine more

f An oider from Henry, was directed Jan. 22. to the barons and bailiffs of Dover and the other
cinque ports, ordering them to watch for Gameline bifhop of St. Andrews, who had obtained fome
thugs dt the court of Rome, tending to the difJierifon (exheredation) of king Alexander, and if they
found him, to airelt him. Rym. lb. 652.

Englifh

ENGLAND AND SCOTLAND. i 5 r

Englilh grandees, com mi (Honed by the king for this purpofe, one of whom Alexander nr.
was the earl of Leicefter *. He and the earl of Richmond came to king ""— !— !HJ
Alexander in September at Melroie, where that king waited the arrival of his 115?.
army, which he had commanded to alfemble in its neighbourhood, upon re- chron' m»?i»!
ceiving information of the approach of his fugitive lords, accompanied with
an armed force and certain nobles of England. Alexander now difcovered,
that the lords, who had come to negociate with him, had left their EngHfh
and Scottifh friends, together with John Maunfel, and fome forces at Nor-
ham f: and his counfellors apprehending a plot to feize the king's perfon, and
carry him into England, appointed Leicefter, and his fellow commiffioners, to
wait upon him on the following day at Jedburgh ; in the foreft of which
place a great part of his army was already affembled. Conferences were
accordingly held at Jedburgh J, between Alexander's minifters and the
Englifti delegates for almoft three weeks •, and thefe latter feeing the king fur-
rounded with an army far too ftrong for the party attached to England to con-
tend with, applied themfelves ferioufly to the re-eftablifhment of peace. Con-
ditions were at laft agreed on-, an J Alexander's army difperfed, after the Scots
and Gallowaymen in it had ravaged and laid wafte all the neighbouring coun-
try. The regency of the kingdom was intruded to ten perfons ; of which the
queen dowager and her hufband John de Acre were two-, and the remaining
eight confifted § of equal numbers, chofen from each of the rival factions.
Of this fettlement Henry notified his approbation by a written deed ; in which R ym e r , lb. 670..
he promifed his counlel and aid to thefe regents, fo long as they managed the
affairs of Scotland agreeably to religion and juftice, for the intereft and honour
of their fovereigns, and according to the laws and good cuftoms formerly ob-
ferved in that country. Walter earl of Monteith died foon after this fettle-
ment was made;

In the following year, a long feries of truces, between England and France, A - D< l *&*
iffued in a treaty of peace; wherein Henry, by refigning his title to Nor-
mandy, and other provinces that had been loft by his father, obtained from
king Louis, a prince illuftrious for equity and moderation, a full acknowledg-

•The other two were, Peter of Savoy earl of Richmond, and John Maunfel ; their commiffton
was dated Auguft 4. But thefe who came to king Alexander at Mfclrofe, according to the Chro--
nicles of that monaltery, were, the earls of Hereford and Albemarle, and John de Baliol.

C. M 222-.

f The government of the callles of Norhnm and Wark, was this year conferred on Robert de
Neville, lord of Raby ; and this lord was commanded by the king, to provide himfelf with horfe
and arm?, to march with the forces defigned to refcue the king of Scots from the rtftraint in which
Ms rebellious fubjects held him. Neville, in the year following, was made alfo governor of the
caftle of Bambur^h. Dugd. Peerage, vol. i. p. 2<)i.

This Robert de Neville was. the (econd lord of Raby, of the name of Neville ; being the grand-
fon o! Robert Fitz Mildred, lord of Raby, who was the lineal male-heir of Uchtred earl of Nor-
thumberland.

J Duiing thefe conferences, Robert abbot of Kelfo died, and Patrick, a monk of the fame abbey,
fj.ctvded him. C. M.

§.Thofe of the party of the Cumins were Walter Cumin earl of Monteith, Alexander Cumin,
earl of Buchan, William earl of Mar, and Gamcline bifhop of St. Andrews; and of the other party,
Alexander Steward of Scotland, Alan the porter, Robert de Meyner, and Gilbert de Hay..
8»1 m. L

7>4

Rjm. ib- 715.

52 THE BORDER- HISTORY OF

k H Te \ n 'd men(: ' anc * ratification, of his right to Guienne, with fome other territories

" 6 * and places. In the end of this year, Henry pjfTed over to France, to pay liege

1*59- homage to Louis, for the territories ceded to him by the treaty ; and returned

A. D. :26c to England, in the beginning of the following fummer.

In the autumn of that year, the king and queen of Scotland making avifit*

Rym. ib. 713, t0 tne court of England ; and the queen being with child, every affurance that
the Scottifli counfellors demanded was readily granted by the Fnglifh king,
with the concurrence of his reigning nobles, for preferving inviolate the liberty
of king Alexander, his queen, and their offspring •, and that, during this vifit,
no influence of any kind mould be ufed, to make a change of Alexander's
counfellors, or any way to direct the management of his affairs : and when the
earneft entreaties of the king and queen of England prevailed with Alexander
to leave his queen, to bear her child with her mother, the free return of the
queen, and her offspring •, or in cafe of her death, the re-delivery of her offspring
to her hufband ; or, if her hufband fhould die, the re-delivery of the fame ofF-
fpring to the prelates and nobles of Scotland j-, was promifed by a folemndeed,
which Henry delivered to Alexander. From the tenor of this deed it appears,
that the chief adminiftration of the affairs of Scotland, did, at that time, re-
main in the fame hands in which it had been fettled about two years before.

a. D. iz6t. The following year produced a change in the Englifh adminitlration, that
gave birth to the moll terrible inteftine commotions. King Henry, fupported
by Pope Alexander, who ablblved both the king and his barons from the oath
by which they had bound themfelves, to obferve the Oxford Previfwns, and be-
ing alfo ilrengthened at home by the powerful earl of Gloucefter coming over
to him from the party of Leicefler, expelled from the adminiftration thofe
whom the laft-named party had put into it, and refumed the direction of all
public affairs into his own hands. This he was able, with difficulty, to hold
about two years •, in which fpace he was deprived, by death, of the earl of
Gloucefter J, and fome others of his beft friends. Mean while Simon de

* This vifit feems to have been the confequence of a meflage fent the year before, about the feaft
of St. Katherine's (Nov. 21;}, from the king of England, by William deHortun, monk, and cham-
berlain of the church of St. Alban's. Matthew Par s, a monk of the fame mona"ery, fays,, That
Hortun travelled into the remotelt parts of Scotland, where he found, according to his wifh, the
king and queen of Scotland, and the great men of their kingdom, aiTembled in a parliament. He
propofed, and folicited, with great earneftnefs, that the king and queen of Scotland (hould make a
»ifit to the court of England, to treat of fome arduous and ftcret affairs. With much difficulty, he
obtained the confent of the Scottifli grandees to this requefl; which confent thefe grandees fignified
by a written deed, on the condition of their obtaining from the king of England, and his nobles,
the written fecurity which the-.r mcfTerger promifed. Hortun returned home about the beginning of
March, and was foon followed by three Scottifli ambafladors, the earl of Buchan, William the Scot-
tifli chancellor, and Alan the porter, who were fent to treat more fully, concerning the above-men-
tioned affair, with the king of England and his council. M. P. 844, 845. This is the lail affair,
relating to Scotland, that is mentioned in Matthew Paris's h.ilory.

•f The magnates of Scotland ; to whom, or to any four, or three of them, bringing with them

Henry's obligation, the queen"s offspring, was to be reftored, were the bifhops of St. Andrews,

Ab.rdeen, Dumb.ane, and Whittirn ; and the earls M. of F. (probably the earl of Fife), A.

fa'rl fjmj 1 "*^ Cumin of Buchan, M. of Stratherne, P. of Dumbar, W. of Marr, and John Comyn, Alexander

cording to For- Steward of Scotland, Alan Cfliarius, and Hugo de Abirnith, barons. See above, p. 147.

dun, died anno J Richard earl ot G lonelier died in 1262. Dugd.

* Montfort,

ENGLAND AND SCOTLAND.

«5$

IVlontfort applied himfelf with the utmoft affiduity to ftrengthen his party Alexander in.

both in France and England ; and the effeds of his endeavours did at laft "" _"/"_,'

appear in his breaking out into open war againft the king, and by a greatly i»««.
fuperior force, compelling him to revive the Oxford Provifions, and to con-

c V r 1 1 T- 1 ■- 1 i_ j- A A. D. i»6j.

lent toiucli other terms of peace as it plealed the conqueror to dictate. j u i y ,sth.

During thefe dill reffes of Henry, his fon-in-law of Scotland was alarmed by
a formidable dtlcent on the weftern coaft of his kingdom, by Haquin, king
of Norway. But the terrors of this alarm were difTipated, partly by a ftorm
tlut deftroyed many of the lhips of the Norwegians, and partly by a defeat,
which an ancdlor of the royal houle of Stewart gave at Largs, in Cunningham, oa. e.
to their forces, which had made a defcent near that place. The king of Eng-
land, upon the infurrection of his barons, had given Robert de Neville * the Rymi. 77H
command of all his forces on the north of the Trent, together with the fheriff-
dom of Yorkfhire, and keeping of the caftle of York. Neville undertook this
charge, but requefted, in a letter to the chancellor, that the king would direft ut mM Jfrifi-
him to proper and fufficient funds, for defraying the expence attending it, as "' ub ' " *?*•
well as the keeping of the caftle of Bamburgh, which was, at that time, alio in p^tniaariim
Neville's hands. To enforce this requeft, he informed the chancellor, that he vn*"'"-
had received fure intelligence, of the kings of Denmark and Norway having
arrived amongft the Scottifh ifles, with a great multitude of fhips ; and as it
was not certain what was their deftination, there was reafon to apprehend dan-
ger in the diftrict intrufted to his care.

In the year following, king Alexander improving his fucceffes againft the a, d. 1164.
king of Norway, which were foon followed by the death of the latter -f- •, and
having collected an army at Dumfries, to be employed in an expedition againft
the Ilk of Man, the king of that ifland, who had formerly depended on the
kings of Norway, yielded himfelf a vaffal to the crown of Scotland. Alexan-

•Dugdale, quoting original authorities, fays, That R. de Neville was this year (47 Henry III.) made Vol. i. p. 191.
captain general of all the kind's forces beyond Trent, Ac. vvhLh confirms the accounts of Fordun
and Forfeus, who place tlaquin's defcent on Scotland in 1263. Chron. Mailr. whom the learned
editor of Fordun is incl ned to credit, places this invafion in 1 262. Fordun fays, There were fame L. 10 r. -7.
of the borderers of Alexander's kingdom (de finitimis regni), who wrote to k.ng Haquin, animat-
ing him againft their natural lord. This correfpondence between Haquin and fome of the male-
content border chieftains in Scotland, was, perhaps, known to Neville ; and gave occafion to the
appieheniions expreffed by him, in his letter to William de Merton, the king's chancellor, leferrevl
to in the text.

Neville, about the fame time, wrote a letter to the king, his matter, requeuing him to fend or-
d<rs to the lords Robert de Brur, John Comyn, John Baliol, Henry 1'ercy, and his other great barons
(magnatibus) in thofepirts, requiring them to be aiding to him (Neville), in preferring peace in
the countiy beyond the Trent. Rym. i. 772.

■f Fordun relates, That king Alexander received, on the fame day, the news of the death of the
king of Norway, and of the binh of his fon Alexander, whom his queen bore to him at Jedburgh, on
St. Agnes's day, Jan. 21. I. 10. c. 18. Haquin, being fucceeded by his fon Magnus, the diffe-
rence between the latter, and Alexander king of Scotland, about the Weftem Ifles, was hippily
accommodated by a treaty, in which the king of Norway gave up hi- right to thefe iflands, for the
fnm of 4000 merks, payable in four years after the date of the treaty ; and an annual penfioa of July, n*+«
a hundred merks, in all time coming. The Chronicle of Melrofe extolls the wifdom and eloquence
which Reginald of Roxburgh (a monk of Melrofe) difplaytd, in negoctating this treaty for his nialter,
king Alexander, at the court of Norway. Ford. 1. 10. c. 19, Chr. Mailr. ad ann, 1265, 1266.
Rjjddim. Not. ad Buch. 1. 7.

X dcr,

*54

THE BORDER- HISTORY OF

Henry in. ^ er? t h us f reec i f r0 m the dread of the Norwegians, became more capable of
. ' ° " s a " ' giving aid to his father-in-law. It is probable alfo, that many of Alexander's
'* 6 4- couniellors and nobles were the more inclined to efpoufe the king of Eng-
land's caufe, from the open declaration made by the king of France in his
favour: for the war having foon been rekindled between Henry and his barons,
both parties agreed to make Louis the umpire of their differences ; who gave
an award wholly on the fide of Henry. But Montfort, and his accomplices, dis-
daining to fubmit to a decifion fo deftructive of all their former pretenfions,
broke out into a new and furious war •, wherein prince Edward difplayed his ex-
Heming, p. traordiiiary courage and abilities in his father's defence. Early in the fpring,
5S>. Henry was joined by a great body of forces, commanded by the northern

M.w.p. 385. Karons; John Comyn, John Baliol, Robert de Brus, Henry de Percy, and
others*; of whom the three firft-named had great poffeffions in both king-
doms, and were now the chief leaders of the Scottifh auxiliaries. Thefe
barons were prefent with Henry, in a conflict with his rebels at Northampton,
in which he was victorious ; but this fuccefs was foon after reverled by the
fatal battle of Lewes, in Suffex, in which Montfort triumphed ; and the un-
happy king, his gallant ion prince Hdward, and his brother Richard, king of
the Romans, became the victor's prifoners. In this battle, John Comyn, and
Robert Brus -f, were alfo taken prifoners •, and almoft all the body of foot that
followed them from Scotland were cut off.

Montfort, thus acquiring the fupreme power, and compelling the captive
king to give the fanclion of the royal name to all his orders, governed, without
control, for more than a year. But prince Edward, having regained his
liberty, and being joined by the earl of Gloucefter and other barons, who were
grown impatient of Leicefter's tyranny and ambition, put an end at once to
a. d. 1165. the life and power of this famed rebel, in the battle of Evelham. Two of
Au s- 4* Montfort's fons, and others of his accomplices, who efcaped the deftruction
of that day, made vigorous efforts to fupport their finking caufe, in different
corners of the kingdom ; but the king, chiefly by the prowefs and wife conduct
of his fon Edward, did at laft every where prevail.

What contributed much to prolong the inteftine troubles of England, was

the rage and defpair of many of the rebel barons, on account of the forfeiture

of their eftates, by a parliament at Winchefter. One of thefe barons was John

Thom. wike«, de Vefey ; who having, in confequence of this forfeiture, been ejected from

ch 7 r!n 7 Dunft. his caftle at Alnwick, and lands adjacent, did enter into a combination with

a P . carte. feveral northern barons, that were in the like circumftances with himfelf, for

A. P. 1266. the recovery of his own, and their poffeflions. Vefey did accordingly refeize,

by force, his caftle and lands ; but prince Edward coming againft him, with a

great body of forces, foon reduced him to fuch ftraits, that he was obliged

to give up his caftle, and to fubmit himfelf to the prince's mercy. This he

♦The Ilates of Scotland, and Baldred Eiflet, their agent at the court of Rome, in 1301, affirm,
That when Henry aflced aid from Alexander, his fon-in-law, againft Simon de Montfort and his
accomplices, he acknowledged, by his letters patent, concerning this affair, that he did not receive
this aid, of debt, butoffpecial favour. Ford. 1. 1 1, C, 53, 58.

f Matt. Wcftminfter adds to thefe John Baliol,

obtain-

ENGLAND AND SCOTLAND.

'55

obtained*; and his accomplices, feized with confternaiion, foondefifted from Alexander rn.

their rebellious enterpriies. Edward, when on this expedition, proceeded to i -■> .%

Roxburgh ; where he was received, and entertained, with the utmoft fellivity »*6«.
and joy by the king and queen of Scotland, attended, on that occafion, by a Ford - Klo - C -* '
numerous body of the nobles of their kingdom. But the king of England Mat _ W e<tm.
being reduced to new diftrels, by an infurre&ion of the Londoners, headed p- 399-
by the earl of Gloucefter, prince Edward fpeedily marched to his father's re-
lief, with an army of 30,000 men, among which was a body of Scottifh auxi-
liaries j-.

Henry's younger fon Edmond, on whom his father had conferred the dut-
chy of Lancafter, and the forfeited honours and eftate of Simon de Montfort,
earl of Leicefter, made a vifit, in the autumn of the fame year, to the_king Ford,Uo.c.i{,
and queen of Scotland, at Berwick; where king Alexander, accompanied by A - D » lx6 7»
his nobles, celebrated with royal pomp his own birth-day £.

Ottobon, the Pope's legate, alter having laboured with fuccefs,- in fettling
the domellic peace of England, and alio made fome reform in the eccle-
fiaftical affairs of that kingdom §, fet about preaching a croifade for the relief A< Di j,^,
of the Holy Land; in which Henry's two fons, and fome of the ch ; ef of his
nobles, engaged. There could not be a better expedient for preierving the
tranquillity lately reftored at home, than thus carrying to a diftance the turbu-
lent fpirits who, on every occafion, were ready to difturb it. The two Englifh. Ford. 1. 10. c
princes, Edward and Edmund, in the fame year they took the crofs, v-ifued the ^ 5 ; mei . ib %
king and queen of Scotland at Roxburgh; and this vifit was foon followed by
a journey of Alexander and his queen to York ; where they had the pleafureof
feeing their father, the king of England, and of rejoicing with him in the repofe
and fafety he had now attained, after the hazards and troubles with which he
had fo long ftruggled.

The Pope had, at the requeft of the king of England, iffued a bull, impof- Fordj ]_ Wi c>
ing on the Scottifh clergy the payment of a tenth of their revenues, for an **•
aid to defray the expence of the two Englifh princes, in their expedition to the
Holy Land. Whatever complaifance Alexander (hewed to his father-in-law

* According to Dugdale, vol. i. p. 93. he partook of the benefit of the Diclum de Kcnneluiortb,
which was publifhed Oct. 31, 1266; and which, inftead of the forfeitures made at Wincheller,
accepted of a compofition of a few years rent of eflates. He afterwards aflumed the crofs, and went
to the Holy Land with prince Edward. Hen. Knyghton, p. 2437.

•J- Secum duxit de Scotia et de partibus borealibus 30,000 bominum bellatorum-. A little before he
fays, Th3t king Henry mijit pro Scotis & Francigenis. Mat. Weltm. p. 398, 399.

X Fordun relates, that (his year, on the day befoie the feltival of the u,ooo virgins, a prodi-
gious ltorm arofe fr m the north ; by which the fea was raifed to fuch fury, that, breaking over its
bounds, it levelled houfes, towns, and trees, and did much damage in many places, efpecially be-
tween the Tay and Tweed. Such a temped, fays the hiitorian, had not been feen from the days
of Noah to that day, as the veftiges of it ftill make evident. Ford. 1. 10. c. 22.

§ Ottobon held a council at St. Paul's, where fome conltitutions were made, that in fucceeding
times bore the name of that legate. Richard bilhop of Dunkeld, and Robert of Dunblane, were at
that council, reprefenting the Scottifh bifheps, and the abbot of Dunfermlyn, and prior of Lindores,
for the reft of the clergy. Fordun fays, That the legate made fome new conftitutions, particularly
regarding perfons, both ecclefiaftical and fecular, in Scotland ; which the clergy of Scotland pofi»
tively refilled to receive. Ford, 1. 10. c. 24.

X 2 in

i 5 6 THE BORDER-HISTORY, &c.

K^fEnVand * n otner refpefts, he is faid to have fupported his clergy, in the univerfal op-

yj ^ I pofition made by them to this demand. The plea on which they chiefly

1268, grounded their non-compliance, was, that a competent number of perfons,
in proportion to the extent of the kingdom, had engaged to go on this croifade
from Scotland. The moft considerable of thefe Scottilh croifes, were David
earl of Athol, and Adam earl of Carrick •, whereof the laft-named died on that
expedition at Acre in Phoenicia, leaving his eftate and honours to Martha, his
only daughter. This lady foon after married Robert Brus, the fon and heir
of Robert Brus, firnamed * The Noble. Her hufband became, by this mar-
riage, earl of Carrick j and Robert Brus king of Scotland, was their firft-
born fon.

The four remaining years of Henry's reign afford no events that have rela-
tion to our fubjecl:. His fon prince Edward, occupied in preparations for his
expedition, and in providing for the peace of the kingdom, before he left it,
did not fist out on his croifade until Augult 1270. He then followed Louis
king of France, to' Tunis; but that excellent monarch had breathed his laft in
the neighbourhood of that city, more than two months before Edward's arri-
a. d. 1271. val. In the following fpring, Edward reached the coaft of Phoenicia, where
he raifed the fiege of Acre on his arrival ; and afterwards, with an inconfider-
a. d. 1272. able force, performed many great exploits. He fet out upon his return to
England, in the end of Auguft in the following year ; and, making fome flay
in Sicily, received intelligence, while there, of the death of his father ; who,
having declined in health ever fince prince Edward left England, expired at
St. Edmondfbury November 16th, in the fixty-fourth year of his age, and
fifcy-fixth of his reign.

• This Robert Brus was lord of Annandale in Scotland, and of Cleveland in England.

THE

B O R D E R-H I S T O R Y

O F

ENGLAND and SCOTLAND.

BOOK III.

TH E veneration which the heroifm of Edward had gained to him in the Edward tv

minds of his fubjecls, together with the fidelity and vigour with which k. of England.

his counfellors and mimfters concluded his affairs, preferved great order and k. oTstotiand.

obedience in his kingdom ; although he did not return to it until the end of < — . >

the fecond fummer after his father's deceafe. Soon after his arrival, he and ^„ D u 'ft" 7 *'
Eleanor his queen, were crowned at Weftminfter ; at which fobmnity -f- were
prefent the king and queen of Scotland ; and, on the day following, the Scot-*
tifh king paid homage to Edward. Alexander and his queen, after being very

honourably entertained at Edward's court, returned to Scotland ; where the A# D< ,„

queen died the beginning of the following year. Feb. 26.

By the death of the queen of Scotland, a ttrong bond of friendfhip between

her brother and hufband was broken. In the year following, Alexander com- R ymer) ;:, Io6 ,

plained of certain exceiTes committed by the king of England's officers within 1065.

the Scottifh march; to reprefent which, and obtain redrefs, he fent envoys to A,DiJ1 "

•f Fordun fays, That Alexander was prefent here, fub libertate If? protejlatione /litis in ceii/tmi/i-
bus coronationibus fieri con/uetis ; and agreeably to this account, among the li(t of papers relating
to Enghfh affairs, found in the Scottifh archives at Edinburgh, in 1282, there is a letter of the
king of England's, quod adventus R. Scotia ad coronationem R. Anglia Lundoniis non cedat regno
Scotia in prajudicium. Rym. ii. p. 217. Ford. 1. 10. c. 35, and App. No. z6.

Tne Scottifh king had the ufual allowance of 100 s. (5/. fterling) a day for his expences, in
coming to attend king Edward's coronation. Thefe amounted, on this occafion, to 17;/, which
(hews, that king Alexander was thirty five days in England. Robert de Stichill, bifhop of Dur-
ham, d ed the 4th of Augult this year, as he was returning from the council of Lions ; upon which
the revenue of that diocefe falling into the king's hands, the keepers of the vacant fee were ordered
by him to pay the alove-mentioned fum to the king of Scotland. Robert de Stichill had been _ . . . .
prior of Finkhall, and held the fee fourteen years. Robert de Grazftanes, the Durham annalifr, of Ann v/avert,
that period, relates, That Robert de Stichill, having been a priehVs fon, a brother monk, who ad- Stitchill,
mired his uncommon talents and virtues, procured, without his privity, a difpenfation, enabling him
to be elecled even to the epifcopal dignity. This brother was Henry of Horncaftre, afterwards
prior of Coldingham, Rym. ii. p. 42. Whart. Ang. Sac. i. p. 742.

the

I5 8 THE BORDER-HISTORY OF

Edwardi. the Englim court. Not long after, Robert bifhop of Durham £ complained
i _' ° _ ° s ''"_l to Edward of certain encroachments, which he pretended were made by the
king of Scotland in thofe parts, where the territory of the bifhoprick adjoined
to Scotland. On receiving this complaint, Edward lent a letter to the king of
Scotland, admonifhing him not to ftretch his march beyond the ancient and
accuftomed line. To carry an anfwer to this admonition, and to refute the
bifhop's charge, Alexander fent two of his prelates, an earl and a baron § ;
who came to Edward at Byrthened, when engaged in his firft expedition againlt
Lewellyn prince of Wales. Thefe ambaffadors affirmed, in their mailer's
name, That no tranfgrefiion had been made upon the boundaries, known and
allowed, from time immemorial down to the prefent ; but, as Edward had
been otherwife informed, they propofed that the matter in queftion fhould be
amicably terminated, by men of experience and probity, chofen by each fide,
according to the laws and cuftoms of the march. Finally, they told him, That
the king their mafter requefted him, as a brother and friend, not to give credit
to any perfon who fought to difturb him in rights and pofieffions which his
anceftors and himfelf had fo long enjoyed.
A.D.siyg. It is probable, that the homage paid by Alexander to Edward in the follow-

Stym. ii. iz6. j n g year, was the confequence of this controverfy * ; although it is not di-

ftinctly

X He was called Robert de Infula, and fucceedcd Robert de Stichill. The Waverley annalift calls
him Robert de Halicland. He was probably a native, or monk of Holy Ifland. Whart. Ann.
Waver. 2 2Q.

§ The bilhops of St. Andrews and Dumblane, Robert de Brus earl of Carrick, and Richard
de Stratun.

* The Engliih annalifts take no notice of this controverfy between the king of Scotland and bifhop
of Durham; and give no precife account of the reafon of the renewal of Alexander's homage at
this time. Thomas Wikes, a coiemporary, and who gives the molt paiticular account of this
homage, fays, That he knows not whether willingly, or otherwife, Alexander came into Eng-
land, and in every thing complied with the king of England's demands. He adds, " et ut tantee
" deditionis triumphus noflros regnicolas non lateret in pofterum, rex Scotorum regi noftro fecit
" homagium, hec cum obtento, quod de csetero, ubicunque in regno Angli;e poffet inveniri, ibidem
" fuorum et pollerorum fuoium homagium rex et poileri (ui rccipere non different, paclis quoque
" fuper hoc firmiffime folidatis." Carte, from fbme M j. authorities in the Tower of London, fays,
That Alexander waited on Edward at Tevvkfbury on Odtober |6, and offered his homage there ; but
that Edward declined receiving it, becaufe he had not his council with him. And in the lift of
Englifh papers, found in the Scottifh archives in 1282, there is the title of a letter from the king
of England, declaring. That it fhould not be to the prejudice of the, king of Scotland, that the
reception of his homage was prorogued from Tewkfbury to London. This is fomeihing like the
grant which Wikes mentions, and fneers at in the above quotation. More than fix months before
this homage was performed, king Alexander had fent ambaffadors (Jolemiies nuncios) to Edward,
offering homage under a certain condition (conditione aliqaa) ; and Edward accepted of the offer,
and appointed it to be performed at London, fifteen days after Michaelmas. This Edward writes
to his ambaffadors in France ; and his expreffion feems to import, that he had intimated the accept-
ance of Alexander's offer, on the condition on which it was made. Carte, therefore, feems to be
inaccurate, in faying, That Alexander at laft agreed to do homage, without any condition, Wykes
farther fays, That the king of Scots, on the fummons of Edward, came into England, to renew in
perfon the homage he had paid to king Henry, for the lands nigh the borders of Scotland that he

Rym. ii. &44i held of him: and this is agreeable to the famous letter of Pope Boniface, fent to Edward I. in 1300 ;

Bel. p. 410. which letter fays, That the homage now paid, was for the lands of Tindale and Penrith. Rym. ii.

109. Chr. T. Wykes, 107. Carte, ii. 1S7. Fordun placing this homage in 1277, fays, That
king Alexander going that year on a pilgrimage to St. Thomas of Canterbury, paid his homage to

6 king

p. IM.

ENGLAND AND SCOTLAND. 159

ftin&ly related, how the controverfy was concluded to that ifTue. This ^ '"J 1 n s d " ," r j
homage was performed in the prefence of an Englifh parliament, held in the '_ .. _, *
palace of Weltminfter, after Michaelmas. Alexander appearing there in a. d. 1278,
perfon, declared, that ' he became the liege-man of the king of England fj^"* ^

* againft all people' : which homage the king of England received, ' referving

* the right and claim of himfelf and his heirs, to the homage of the Scottifli

* king and his heirs, for the kingdom of Scotland, when they fhould incline to

* treat of that matter.' The king of Scotland next offered to Edward his
fealty, but begged he might be allowed to make it by the mouth of Robert
Brus, earl of Carrick ; which Edward, ' of fpecial favour, granted for that

* time.' Whereupon Robert de Brus, at Alexander's requeft, and receiving
power from him to fwear upon his foul, did accordingly fwear, that Alexander
mould " bear good faith to lord Edward king of England, of life, limbs,
" and earthly honour, and faithfully perform the fervices due for the lands
" and pofleffions he held of the king of England ;" which fealty fo fworn in.
his name and ftead, king Alexander did immediately confirm and ratify.

The matters in dilpute between the king of Scotland and bifhop of Dur- R 5' m - ** : •
ham had been under confideration of that Englifh parliament before which
Alexander performed his homage, and afterwards had been heard before
king Edward and his council, in prefence of certain deputies conflituted by
king Alexander for that purpofe, upon his leaving the Englifh court j and
fome articles had been agreed on, for terminating the ftrife between the king
and prelate. But as the carrying of thefe articles into execution, and a more
particular examination of the matters in debate, required the prefence of
proper judges on the fpot, the king appointed the bifhop of Norwich, and
three other delegates *, to repair, in the middle of Lent, to places in Nor-
thumberland contiguous to the difputed claims of each party ; and to hear,
reform, and terminate their controverfies, according to what had been concluded
and agreed in the Englifh parliament and council, and as to their own dis-
cretions fhould appear moft expedient.

king Edward, with a falvo of all his dignifies, as he had done with his father, for the lands and
lordihips of Penrith, and feveral others, which king Henry had given him in marriage with his
daughter Margaret queen of Scotland no^v deceafed, alfo for other lands and ancitnt honours,
formerly held by his predeceflbrs the kings of Scotland ; except the earldom of Huntingdon,
which Edward in faiEl retained to himfetf, as Henry had done before him. Ford, 1. 10. c. 36.

Nicholas Trivet, a cotemporary of Edward, copied by Walfmgham, fays, That Alexander came Trivet, prior cff
into England, to confult with Edward about the weighty affairs of his kingdom. Some, he adds, th? Dominicans
think that Alexander performed homage at that time ; which others affirm more truly, to have been "' London, died
done on the day following the king of England's coronation. But he adds a circumftance not ! ° U A n ^Ijg, '
mentioned by Wykes, viz. That Alexander obtained from Edward letters teftilying that the aid given 1 e 'ftim. Anail*
by the former in the war of Wales, was not in the name of fervice. This is perhaps the letter in Ptxl,
the lift of papers in the Scorti'li archil es, fo often already referred to, intirled, Littra Ednvfirdi
de fuccurfu petendo a Regs Scotia. (It is added, et eft duplicata.) Triv, Ann. 252. Walftngh,
Ypod. Neultr. p. 474. Rym. li. 217,

* The three other delegates were, John de Vefey, Matter Robert de Scardeburg, and Thomas de
Normanvill. The commillion alfo mentions, that the king had commanded his fherirFof Nor-
thumberland, to caufe fo many, and fuch knights, &c. to aitend them, at the times and places they
mould appoint, as might be neeeflary for the better difcovery of the truth in this matter. Rym.
ib. 130. Fordun mentions the (hens' of Newcaftle, as one of the Englifh commifficners that came
to Tweedmouth.

Thefe

x£o THE BORDER HISTORY OF

.Eawiidi. Thefe eommiffioners, and along with them, according to Fordun, the

r,, of En 6 unj.^ ^i^ypg f i) ur ham, came to Tweedmouth -, while, at the fame time, the

a d. ii- 9 . bifhops of Sc. Andrews, Glafgow, and Dumblar.e, together with certain
Ford. 1. 10. c Scottish ear i s snc l nobles, convened at Berwick, to treat with the former
concerning the difputed boundaries. But the commiffion of the Englifh
delegates gave them the full powers above defcribed, without making the lead:
mention of their negociating, or ailing in concert with the commifTioners
from ihe king of Scotland. It feems not improbable, that the Scots re-
monftrated againft this manner of proceeding as a plain ulurpation; and that
their refilling to acknowledge the authority which the Enghfh commiflioners
would no doubt claim in virtue of their commiffion, was the reafon that the
matters in difpute were not at that time fettled.

It is probable, that the feeble and dependent ftate into which Edward had
brought the prince of Wales by a fuccefsful war, and by a peace, the condi-
tions of which Edward himlelf dictated *, ferved to inipire or foment his am-
bition of extending his fovereignty over the whole ifland. On the other hand,
the king of Scotland, though jealous of his independency, was yet willing,
for the lake of maintaining peace with a prince with whom he had been fo
long and intimately connected, and who was fo much his fuperior in power,
.to make all the conceffions that were anywife compatible with the rights of
his crown : contenting himfelf with thefe conceffions for the prefent, Edward
waited a more proper feafun for fully effectuating his aims on the fide of Scot-
land. In the year after that in which Alexander did him homage, he paffed
over to France to vifit king Philip, the lord paramount of his foreign domi-
nions ; and concluded a peace with that monarch, fettling all their differences
which had not till that time been wholly adjufted. And, in the four years
of foreign and domeftic peace, which England enjoyed between the conclufion
of the firft and beginning of the fecond war of Wales, Edward employed
nimfelf very diligently in augmenting the interior ftrength and order of his
kingdom, by making, with the advice of his council, many good and uieful
laws.

During the interval juft mentioned, and foon after it, the royal family of

A. D. u8o. 'Scotland was reduced to extreme weaknefs. The firft diminution it fuffered,
was by the death of David the youngeft of Alexander's children. After this
prince's death there remained Alexander, apparent heir to the crown, and the
princefs Margaret. In the year following David's death, a marriage was con-

*. d. 12S1. c i ur i ec l between this princefs, then twenty years old, and Eric king of Norway,

• Befides the evidences of Edward's intention to eltablifh his fovereignty over Scotland, arifing
from the falvo with which he received Alexander's homage, from his manner of proceeding with
regard to the ftrife between the king of Scotland and bifhop of Durham, and the tenor of the com-
miffion he gave for terminating it; this view farther appears from a particular inftruflion given to
the bifhop of Norwich, who is the firll perfon in that commiffion, to make diligent inqu iy con-
cerning the homage and all circumftances relating to it, in the molt cautious and fecret manner he
could, but to take no ftep about it, without a fpecial order from the king. Rym. vol ii. p. 130.
It had probably been in confequence of this order to Norwich, or fome like order, that the papers
in the archives at Edinburgh had been viewed by fome agent of the king of England, and the
catalogue fent of them which is in Rym. ii. 215, — 219.

a boy

ENGLAND AND SCOTLAND. ifo

a boy not yet fourteen years of age, who had lately fucceeded Ids father AtoitaisrUi.

Magnus. The contract for this marriage * was drawn up at Roxburgh, the , K,olS J" ' 3 n ^;

parties on one fide being the king of Scotland in the name of himfelf and w«i.

daughter, with the confent of his fon lord Alexander, and his whole council •, f b ym ',o' '° 71 '

and on the other fide, the bifliop of Orkney and three others, as procurators Jul* 25th.

and fpecial meiTengers of Eric king of Norway. The princefs, with a Ford ,

fplendid retinue, accompanying her from Scotland, had a fpeedy and profper- <=. 37 '.
ous paffage to Norway ; where, foon after her arrival, fhe was married and

crowned. But, in the twentieth month from her, leaving Scotland, flie died, . „ .

after having brought forth a daughter that furvived her and was called by her April 9 th!

name. Alexander prince of Scotland, in the year after the marriage of his Ford ' 1 - IO '

filter, took to wife Margaret f, a daughter of the earl of Flanders. The Rym.W ii.

nuptials were celebrated at Roxburgh by a feaft that continued fifteen days, \' b *° 9-
at which were prefent many prelates and nobles of the kingdom. But this was
a fhort lived joy •, for Alexander died J in the following year, before he had

completed

* The dowry of Margaret was 14,000 merks (lerling. (28,000/. prefent money,) one fourth of
it to be fent over with her, and the remainder to be paid in three years, at Lammas in each year.
The king of Scotland had it in his option to give land for the half of it laft payable, at the rate of
100 merks rem per ann. for each 1000/. in the principal fum. The jointure fettled by the king
of Norway was 1 400 merks per ann. In cafe alfo of the king's dying firft, half of her (Margaret's)
dowry was to be repaid her, in two years after his death. If, on that event, fhe left the kingdom,
the place of repayment was to be Berwick. This was alfo appointed to be the place of paying the
forfeiture of 100, coo/, fterling by the king of Norway, if he fhould violate this contract, before or
at his arriving to the age of fourteen ; the king of Scotland incurring, for the violation of it, a for-
feiture of the fame fum to be paid at Bergen in Norway. But forthefe fums there was an alternative
on each fide; of the Orkneys, and an annual tribute of 100 merks for the Weftern Ides, on the part
of the king of Norway ; and of the 1 lie of Man, on the part of king Alexander. Six collages for the
king of Norway's fulfilling this contract, were to be delivered to king Alexander at Berwick, and
to be reftored at the fame place, upon their matter's attaining the age of fourteen, and making
good the contrail:, under the forfeiture of 100,000 1. or the Ifle of Man. Twelve of Alexander's
chief nobles fwore, that they would take care and procure that their king fhould fulfil this contract.
Among thefe were Patrick earl of Dunbar, and his fon of the fame name.

The original from which this is publifhed in Rymer, is indorfed, fcriptum cirographatum apud
Bereivyc, and there is added duplicatum ; fet alferum eorum fuit inijfum in Ncrwegiam ; Jet fuit
zepvrtatum et fubmerfum cum nuntiis regis.

f On the marriage-day, the king affigned to his daughter-in-law as her dowry 1300 merks
(2600 /. fterling), to be received at the towu of Berwick, and the manor of Linlithgow, to which
manor belong 200 merks (ad quod manerium pertinent ducentte marc/e). The whole fum of 1300
merks was to be paid out of thefe farms [confequently that of Berwick was worth uoo merks].
Two procurators from the carl of Flanders, John Vicecomes de Pinkeney and Razo de Gour, came
to John Baliol's parliament held at Stirling, on the morrow of Lammas 1293, to demand in a
friendly way, the arrears of this fum due fince the death of king Alexander. Margaret, prince Alex-
ander's widow, had been married to the earl of Gueldres, and her hufband and fhe had oiven
letters patent to the earl of Flanders and his wife, granting them power to receive from the king
of Scotland the abovementioned rent for their own behoof; and the earl of Flanders gave his
letter to the two perfons abovementioned, to receive the money in his name. The king delayed
giving an anfwer until he fhould advife with his friends and relations in England, whither he was
going to attend Edward's parliament after Michaelmas, and promifed a friendly anfwer at his own
firft parliament, after his return from England. Rym. ii. 613.

J It appears, that the prince of Scotland had laboured under fome dangerous diflemper before
his marriage. There is a letter from him to the king of England in Rym. torn. ii. p. 200.
entreating that king's favour for Adam de Kertadbricht, the prince's phyfician, who had brought

Y him

t6i THE BORDER-HISTORY OF

k o/ En'la 1 .' i completed the twentieth year of his age-, and there was no iffbe from his

v_ '• marriage. Thus was the king of Scotland deprived of all his children -, and

a. d. I2 si. the only legitimate defcendant that remained to him, was the infant princefs of.
Rym/tom w. Norway. To her and her heirs, on the event of his dying without any lawful
p. z6&, ~.-g. heirs of his own body, he endeavoured to fecure the fucceffion of his crown,
by obtaining a written obligation from the great men of his kingdom * ; bind-
ing themfelves and their heirs, on the event juft mentioned, to acknowledge
the princefs of Norway as their queen-, fubjecting alio themfelves and their
heifs{ for the enforcement of this obligation, to the coercion and cenfures of
the bifhops of their own country.

While the royal family of Scotland underwent the revolutions above recited,
Lewellin prince of Wales, being reconciled to David, his brother and ap-
parent heir, who had been long at violent ftrife with him, and had received
protection and great favours from the kirig of England, the two brothers, at
a. d. ntt. tne h e(1( j of the remains of the ancient race of Britons, made a laft and
defperate effort for regaining the liberty and independence of their country,
and for revenging the indignities they had fufTcred from the Engliih, efpecially
fince the conclusion of the laft peace. But the genius and greatly iuperior
power of Edward ftill prevailed againft them. Lewellin emboldened by fome
tranfient fuccefTes to leave the faftnefles of Snowdon, was fuddenly attacked,
2 3 ' his forces routed, and himfelf flain as he fled. In the following fummer, his
brother David, with his wife and children, being feized by fome of his own
countrymen, was delivered into Edward's hands. He was foon after brought
to his trial, before an alTembly of Englifh peers and barons, who condemned
him to fuffer an ignominious death-, and the fentence was executed without
mitigation. The Welch being thus bereaved of the ancient race of their
princes, ceafed to make farther refiftance, and were entirely fubdued, after
their principality had maintained itfelf againft the Saxon and Norman race of
kings for more than eight hundred years. The wifdom and induftry of Ed-
ward were, during the remainder of that year, and all the following, employed'
in fettling the conquered territories under the police and laws of England, and
in endeavouring to reconcile to his government the minds of his new fub-
jecis. During this long abode he made in Wales, his queen bore to him his-
A A T> ui ¥■**' fon Edward, at the caftle of Caernarvon -, to whom for ,the fake of -pleafing
the Welfh, by fetting over them a prince born in their own country, he gave
the title of prince of Wales.

While the fecundity of Edward's queen -f did thus repair the lofs of feveral
children who died young, the king of Scotland being ftill of an age that

him back from the gates of death.. This man had been phyfician to Robert de Br as, and had
livings in England ;. in the pcfftflion whereof he was troubled by the bifhops of Norwich and
Lincoln, on account of his non-refidence.

* This obligation is given by thirteen earls and twenty-five knights and barons. The fir fl in
the lift is Alexander Cumin eail of Euchan, conftable and jufticiary of Scotland, the fecond is
Patrick earl of Dunbar, William de Soulis, clafped among the knights, was at that time judiciary
of Laodonia. Several parts of this obligation are effaced.

f Queen Eleanor bore to Edward four fons and eleven daughters. Three of the fons died in
Infancy or childhood, as did alfo feveral of the daughters. Carte, i. 304..

encouraged

c 39, 40.

Msrch

ENGLAND AND SCOTLAND, , gj

encouraged the hope of his renewing his almoft extinguifbed race, 'by the *'«
advice of' his prelates and nobles, reiblved to enter again into the matrimonial <J_
tie. The wife he how made choice of, was Jolet or Jolanrie, the daughter of izgd.
the count of Dreux ; to conduct whom into Scotland, he fent over to France, Ford -'- lo -
early in the ve.ir i3£ j, his chancellor Thomas Charceris, and three other
envoys*. The beautiful bride, with a fplendid retinue of perfons of both
fexes from her own country, arriving in lafcty, ■ the maniage wjs cele-
brated at Jedburnh, on St. Calixtus's day, and on th.it occafion, there was
fuch fplendor and variety in feafts and diverfions -f-, as had not been before i'tsn
in Scotland. Jedburgh was, in thole days, thought lb beautiful a place as to
be peculiarly fit for the exhibition of lb much royal magnificence. But be-
ginnings fo joyful and promifing, locn blued in ibrrow and difappointmenr.
For, in the fpring of the following year, the good king was fuddenly killed a.d 7**6.
by a fall from his horfe, as he was about to enter the town of Kinghorn in
Fife J.

About two months nfeer the king of Scotland's death, king Edward palled
over to France, at the requeft of Philip the Fair, who, in the preceding year,
had fucceeded to the throne of his father. This prince being only about
feventeen years old, and left by his father engaged in an unprofperous war with
the kings of Caftile and Afragon, had recourle to the king of England as a
mediator of peace between him and thefe princes-, and Edward's interpofition
foon produced the defired effect. A treaty was a-lfo concluded between Edward
and Philip, confirming thofe which Edward's father and himfeif had made
with Philip's father and grandfather. After which, Edward went to vifu his
dominions in Guienne, where hefpent about three years. Having been feized
while there, with a dangerous diltemper, and recovering from it, he alTumed,
in teftimony of his gratitude, the crofs for an expedition to the Holy Land :
but fucceeding circumftances and events, particularly thofe reflecting Scot-
land, hindered him from accomplifhing his vow. He alio fpent much time,
while in France, in mediating an agreement between Alphonfo king of Callile,
and Charles prince of Salerno heir to the kingdom of Naples ; who, being
Alphonfo's prifoner, did, by Edward's mediation, regain his liberty.

* Thefe were, Patrick de Graham, William de St. Clair, and John de Soulis. Fordun calls
Jol and dominarum fpeciojijflmam.

f Foidun fpeaks with wonder of an exhibition accompanied wish great variety of muiic ; in
which were military dances and a proceifion that was clofed by thefemblance of a fpeftre j on the
vanifhing of which the mufic ana 1 whole action ceafed in an inftant. The defciiption is fcarce in-
telligible. Ford. 1. 10. c. 40.

% Being delayed in crofting the Forth at Queen's Ferry until day-light was gone, and the night
being dark, he was advifed by, his attendants to fpend it ;.t lr.verKeithing ; bat rejecting their
counlel, he pulhed on with all the fpeed he could to Kinghorn ; when he was near the well end
of that town, his horfe tumbling in the find, he fell, and his neck being diflocated by the fall,
and no feafonable help given by his attendants, he expired. Thomas, firnamed the Rymer, a
native of Erfilton in the Mers, being at that time in the cattle of Dunbar with the earl of March,
is faid to have foretold this event. Ford. 1. 10. c. 43. Thomas is called by the hiilorian, ///*
ruralit <vates. Hemingford fays, that the king was haftening to vifu his new queen, being at a
few miles diltant from him, in the holy time of Lent. Tom. i. p. 29.

Y 2 The

164

Edward I.
K. of England.

12S6.

Af til 1.

A.D. 1289.

Rym. torn. ii.
f. 416.

THE BORDER-HISTORY OF

The eftates of Scotland, having convened at Scone, foon after Alexander's
death, to provide for the fafety of their dcfolate country, made choice of fix
o-uardians, William Frafer bifhop of St. Andrews, Duncan earl of Fife, and
John Comyn earl of Buchan, Robert bifhop of Glaigow, Lord John Cumyn,
and James Stewart of Scotland ; the three firft named, to have the charge of
the ports to the north, and the other three of thofe to the fouth of Edinburgh-
Frith. Thefe fix perfons were to have the administration of public affairs,
while Margaret remained in Norway, or until the queen-dowager, who was
thought pregnant, Ihould be delivered of an heir to the crown. The latter
hope failing, by the queen's either proving not with child, or lofing it by
abortion, the next heir to the crown, recognized as fuch by the ftates of the
kingdom, before the late king's death, was Margaret, the infant daughter of
Eric king of Norway.

If any fteps were taken by the eftates or guardians of Scotland, for three
years fucceeding king Alexander's death, to bring over their queen, they
appear not from any authentic monuments *. The firft trace ot any meafures
havino- this tendency, appears in a commifiion given to certain ambaffado;s
from Eric to the king of England, in the fpring of the third year that Edward
fpent in France. Thefe ambaffadors had full powers to treat with Edward con-
cerning certain affairs refpecting Eric himfelf, his daughter the queen of Scot-
land, and her kingdom. Edward was the ally and good friend of Eric, as he
had been of his father; and Eric chofe to avail himfelf of the protection and
aid of fo great a prince, and who ftood in fo near a relation to his daughter, to
put her in the poffeffion of her crown, and to defend her tender age from the
hazards to which the factions and diffenfions that prevailed among her Subjects
expofed her. Ambaffadors had alfo been lent from the regents and parliament
of Scotland to Edward, while in France, to requeft his counfel and aid for
compofing the ftrifes and diftractions that prevailed in their country f.

Not

(/,) The Scots
contracting lords
are thofe of the
weft and fouth
ot Scotland,
ne.ireft the north
of Ireland,
lord. 1. II. c.
3. a.

* It feems evident that at leaft a powerful party of the Scottifh nobles were againft receiving
Margaret as their queen. Eric, her father, clrargeth them exprefsly with this in his peti.ion to
Edward at Beiwick, in 1:92 ; and Dugdale gives an account of a compacl made in the September
after kino- Alexander III.'s death, in 1280, between Richard de Burgh earl of Ulfter, and Thomas
de Clare {a) brother of Gilbert earl of Glouceller (who married Joanne de Acres the king's daugh-
ter), on the cne part, and Patrick earl of Dunbar, with his three fons Patrick, John, and Alexan-
der; Walter Stuard earl of Monteith, Alexander and John his fons ; Robert Brus lord of .^nnan-
dale, together with Robert Brus earl of Canick, and Bernard de Bruf, his fons ; James Stuard of
Scotland, and John his brother, Enegulius foil of Donevvald, ^nd Alexander his fon (b), that they
would thenceforth adhere to and take part with one another, upon all occafions and againlt ail per-
fons whatfoever ; faving their allegiance to the king of England, and their fidelity to him who
ihould gain the kingdom of Scotland, by right of blood fiom king Alexander, then lately deeeafed.
This agreement bears date at Turnebyrie in Canick, on the eve of St. Matthew the A-polll : H8&,
September 20. Dugd. i. 216. In Marg. ex if/o autcgrapbo penes Auguftinum Sfyivard de
Lakynghetb in Com. Stiff. Ann. 1575.

+ Fordun mentions an embafly of this nature fent to Edward in France, from the guardians and
the parliament at Scone, that made choice of them : in which parliament, he feys, the right of
fjcceifion to the crown of Scotland was fharply difputed between Robert Bruce and John Baliol. The
quefiion then agitated mull have been, which of them was neareft heir, on the failure of male rvTue

(a) Robert de Brus had to wife Il'abel, one of the daughters of Gilbert of Gloucester and Hertford, which earl died
in Brittany, arm, 1229. This Thomas de Clare was her n«phew : he died next jear, 1287, id Sept. Dugd.

from

ENGLAND AND SCOTLAND.

i*5

Not many weeks after Edward's return from France to England, the guar-
dians of Scotland, at the requeft and inltance of the Englilh king, gave a
commiffion to the bifhops of St. Andrews and Glafgow, Robert Bruce lord of
Annandale, and John Comyn, to treat, in the pretence of Edward, with the
Norwegian ambaffadors, concerning certain matters propofed to Edward by
thefe ambafladors ; and empowering them to ratify what both parties fhould
in his prefence agree to ; but with a ialvo, conceived in the ftrongeft terms, of
the liberty and honour of the kingdom of Scotland. With thefe Scottifh com-
miffioners, and the Norwegian ambafladors, Edward appointed two of his
bifhops and as many earls to treat concerning the affairs in queition. All thefe
negociators meeting at Salifbury, after various debates, agreed, that the queen
of Scotland fhould, before the feaft of All Saints in the following year, come
into England or Scotland, free from any contract of marriage. This the
Norway ambaffadors engaged to procure. The king of England, for his part,
engaged that, if the queen of Scotland fhould come thus free into his hands or
cuftody, fhe fhould be fent, in the fame ftate of liberty, into Scotland ; pro-
vided that the tranquillity of that kingdom were eftablifhed, and her fub-
jects requefted the king of England to fend her-, and with the farther
condition, that the Scots fhould give fecurity to the king of England, not to
give their queen in marriage, without his advice and confent, and the affent
alio of her father the king of Norway. The Scottifh commiffioners engaged
for themfelves and countrymen, that the quiet of the kingdom of Scotland
fhould be eftablifhed, before the queen's arrival in it; fo that fhe might enter
it with fafety, and continue in it at her pleafure. Guardians or other publick
officers in Scotland were to be removed, if troublefome or dangerous to the
queen, or her friends of Norway; and better men of the kingdom of Scotland
to be put in their place, by the advice of the ftates of Scotland and Norway,
and alio of commiffioners appointed for that effect by the king of England;
which commiffioners, where the Scots and Norwegians could not agree, were
to decide, by their opinion, the matters in difpiue. And all difputes, which
the Scots could not terminate among themfelves, were to be referred to the
Englilh and Norwegians. Finally, the parties agreed, that, in the middle of
the enfuinp; Lent, the eftates of Scotland fhould be at Roxburgh and its neigh-
bourhood ■, and that deputies from the king of England, nominated at the
requeft of the Scots and Norwegians, fhould be, at the fame time, at Wark
and Carham ; at which time the Scottifh commiffioners engaged, that every
thing to which they had now corifented, fhould be fulfilled and ratified in
the prefence of the Englifh deputies.

For the better carrying into effect this convention at Salifbury, Edward,
immediately on its being concluded, fent a letter to the eftates of Scotland,

Inrrrrrpmim in
Sco-.land.

1289.

oa 3J.

Rvm. torn.

p. 431.

N.v. 6.

Rym. torn,
p. 445.

from queen Jolande; or the death, without iflue, of the maid of Norway. The ambafladors, who,
according to Fordun, were fent to Edward, were the bifllop of Brechin, the abbot of Jedburgh, and
tjeo'ffry de Moubrai ; and he relates that thefe ambafladors, having found Edward in Saintonge (apud
SanflcnesJ, returned with his anfwers (\t is not faid what they were) to Scotland, and arrived on St.
Catherine's day at Clackmannan, where the guardians of the kingdom were aflembled, waiting tor
queen "Jdantle% bringing forth a child. But he adds, that no child being born, the king of Er.g'and
jo) fully returned to his kingdom, &c. Fordun is here much miftaken as to time; for Edward did
not return to England till almod three years after the birth expe&ed from Jolande.

befeeching

Jolette^n Carte)

j66 the eorder-history of

ching and requiring them to be obedient to the guardians of their king-

K c !: 't jJ - cjom, appointed in the name of his coufin the queen-, and notifying to them,
i that he purpofed to lend foon into Scotland forne of the members of his coun-

cil, who, in conjunction with the guardians, might inform him concerning the
ftate of that kingdom, to which he always wifhed peace and tranquillity.

R y m. tom'. ii. Hdward alfo delivered to the envoys of Scotland and Norway, a written 909-
ctfiion or obl.gation, promifing, if the queen of Scotland came into his king-
dom free from any matrimonial contract, to lend her into Scotland in the
'manner and on the conditions fixed by the convention at Salifbury : only the
conf.nt to her marriage, which that convention makes neceflary to be given
by the king himfelf, is, in this deed, extended to the king's heirs, in cafe of
his.dtceale -, and to the guardians oi his kingdom, if he mould be abfent in
foreign parts.

™ ov ,6> Aery foon after the convention at Salifbury, Edward obtained from Pope

Nicholas IV. a difpenfation for the marriage of his Ion prince Edward with
the queen of Scotland, who was related to that prince in the third degree of
confanguimty ; and probably with a view to facilitate the obtaining of this
difpenfation, Edward paid fix years of arrear of the annual tribute due for his

A ., D - '-9°- kingdom to the Roman fee *. A numerous meeting of the community of
' I?l ' Scotland, which, in purfuance of the laft article of the convention at Salifbury,
afTembled at Brigham, a village on the north fide of the Tweed, over-againft
Wark, and a few miles below Roxburgh, being informed of the papal difpen-
fation for a marriage of their queen with the prince of England, concurred in
a letter -f- to the Englifh king, declaring their approbation of the intended
.match, upon condition of Edward's giving them iecurity for certain matters
relating to the ftate of their country; for tranfacting which they were to im-
power and comrniffion delegates to wait on him, at his parliament to be held
next Eafter at London. At the fame time, this afiembly wrote a letter to the
king of Norway, informing him of their having given their confent to the
propofed marriage •, and requeuing him to fend over his daughter as fpeedily as
poffible to England; at the lateit, before the feaft of All Saints, agreeably to
the convention at Salifbury J.
A r rii 10. j; Q n egociate the marriage and all circumftances relating to it with the king

j. 474. of Norway,. Edward gave full powers to Anthony Bee bifhop of Durham.

He alio wrote to Eric, requeuing him to make no deky in fending his daugh-
ter over to England ; as the way to a matrimonial union fraught with lb great
.benefits to each nation was happily paved by the papal difpenfation and the
unanimous confent of the nobles, prelates, and whole community of Scotland.

* This was ihe laft payment of die kind that Edward made. Carte, ii. 21-.

■f There join in this letter twelve bifhops, all that then were, except Whithern, twelve earls,
twenty-three abbots, eleven prioif, and lifty barons. Ii.cluded in th s number are the four
regent;, viz. the bifhops of St. Andrews and Glal'gow, John Comyn, and James Steward of Scot-
land. This letter, as well as that to the king of Norway, is in French. They write, En nam dt
nous et de toute la commune.

% They tell Eric, that if he did not comply with their requeft, they would find it requif te to take
the befc counfel that God fliould give them for the ftate of the kingdom and good people of the
land.

Soon

ENGLAND AND SCOTLAND. 167

Soon after Edward gave an obligation, which the bifbop of Durham, together intenrgnmn in

with the earis of Cornwall and Warrene had engaged to obtain from him, to

the envoys from the eftates of Scotland, who came to ihe king at his parliament

after E;ifter; declaring that, in cafe the queen of Scotland came not into

England or Scotland before the feaft of All Saints next enfuing; or if tic

king of Norway gave not fuffieient fecurity, by his oath and letters patent,

and thole of fome of his principal barons and prelates, to fend his daughter

into Eng and or Scotland before the aforefaid term, unlefs hindered by fome

lawful impediment, the king of England fhould, at Martinmas next, caufe to

be paid to the guardians of Scoti-ind *, at Berwick, the fum of 3000

merks.

The delegates from the alTembly of the Scottifh eftates, hdd at Brigham in
March, had not been furnifhed with fuffieient powers; or at lead Edward
alleged fome defect in them, as an excufe for not giving an explicit anfwer
to fome articles propofed by thoie delegates. But as it was neceflary to fetkfy
the Scots with r.gard to the fecurities they demanded, Edward gave 1 ill
powers to the bifhop of Durham and five others -f, to make fuificient anfwers J«ne ?-.
in his name to every thing that the delegates had laid before him at London. ^ y 4 V' ro '"'
Accordingly, all thefe commiffioners attended an affembly of the Scottifh lh]i - 48*, «?3,
eftates, which met at Brigham, about the middle of July, and folemnly 4?4 '
affented, in their matter's name, to every important requifition made by the
Scots, for kcuring, on all events, the independency of Scotland, and its dig-
nity and rights as a diftindt kingdom, in matters civil and ecclefiaftical, and for
obviating the inconveniencies, delays of juftice, and oppreffions, that might
arife from their fovereign having his ordinary refidence in a different kingdom.
In particular, it was granted, that the chapters of churches^, where elections
were free, fhould not be obliged to go out of the realm to afk licence of
electing or prefenting; nor tenants in capite, for paying their homage, fealty,
or reliefs •, nor widows, for their dower; with an exception of fuch homage as-
was neceffary. to be rendered in the king's prefence. For all thefe purpofes fome
perfon was to be deputed to reprefent the queen and prince. Nor was any one.
to be obliged to anfwer, without the limits of the kingdom of Scotland, for
any contract, entered into, or offences committed in that kingdom, or in any
other cafe whatever. In the following articles mention is made of the
marches between the kingdoms. The rights, laws, liberties, and cuftoms of
the kingdom of Scotland, were to be, in all time coming, inviolably obferved
through the whole kingdom and its marches ; with a falvo of the right that the
king of England, or any other perfon, might have to any thing on the marches,
or elfewhere, before the time of the prefent conceiiion, or that they might
afterwards juftly acquire. The fame falvo was added to a following article ;
wherein it was promifed, that the kingdom of Scotland fhould remain fepa-

• To he paid; the original is rifundh el rejiitui ; and the perfons who were to receive it, in
name of the guardians, were the envoys to whom this obligation was given.

\ Thefs were, Ralph bifhop cf Carlifle, the earls of Warrenne and Lincoln, William Vefey
(of Alnwick) knight, and Mr. Henry Newark dean of York.

% Cathedral, collegiate cr conventual..

rated,

1 63

THE BORDER- HISTORY OF

Edward r. rated and divided, and free in itfelf from all Subjection to the kingdom of Eng-
K.ofEngUmi. , an( ^ acc0 rding. to its right marches, as in times paft. But it being propoled
"^ TTg^ by the Scots, that caftles and fortreffes fhould not be fortified anew on the
marches, the Englifh commiffioners declared, that on this head they were not
advifed ; and could not impofe fuch a reftraint on their king and his fubjects,
as to hinder their erecting places of ftrength, in the fame manner as had been
done by their anceftors, and thereby to render them lefs free in that refpe<5t
than their neighbours in Scotland. By another article it was granted, that no
Scottifh parliament mould be held without the kingdom, or its marches, for
treating of the affairs of the kingdom, its marches, or inhabitants.

To the articles contained in this grant, and in the other instruments relating

to the marriage, the guardians and community of Scotland declared their full

confent; on condition that they fhould be ratified by the king of England

At NortWp- before the feaft of the Virgin's Nativity, otherwife they were to be void : but

ton, *8 Auguft. Edward ratified them within the time limited.

juiy -i. The guardians and eltates of Scotland, at a meeting held at Kellb, a fort-

Ry... to m . n. n j orit after that at Brigham, appointed three plenipotentiaries * to treat with
Edward concerning the affairs of their queen and kingdom ; ftill inferting in
their commifTion a falvo, exprefied in the ftrongeft terms, of the rights and
liberties of the realm. Edward gave thefe commiffioners a meeting at
28 Aug Northampton, and endeavoured to perfuade them, and fome in their company
ibid; +33. , wno had the keeping of certain Scottilh caftles -f, to deliver thefe fortreffes into

fuch hands as he fhould appoint. But with this requeft they would not com-
ply ; and Edward agreed that this delivery fhould be delayed until the arrival
of the Scottifh. queen ; upon which arrival, the plenipotentiaries and keepers
abovefaid engaged to deliver the caftles they pofiefied to the queen and her
hufband.
Wd g At this fame meeting Edward gave powers to Anthony bifhop of Durham,

John bifhop of Glafgow, John earl of Warrene, John Comyn, and Henry
Newark dean of York, to fettle with the king of Norway every thing that
related to the marriage-, and a proxy was given to each of the three Englifh-
men in this commifiion, to contract, in the name of prince Edward, mar-
ibid. 489. ria^e with the young queen. Edward alfo, in fulfilment, as he alleged, of

the oath by which he ratified the conceffions made in his name at Brigham,
• and which obliged him to obferve the laws and cuftoms of the kingdom of
Scotland, appointed a lord-lieutenant of that kingdom, in name of the young
queen and her deftined hufband. The perfon on whom he conferred this
dignity, was the bifhop of Durham •, and his charge was to adminifter juftice
and rectify diforders, in concert with the guardians, prelates, and great men
of the kingdom.

By thefe tranfactions a moft promifing foundation was laid for bringing the
whole ifiand under Subjection to one fovereign. Edward and his defcendants
would thus have fairly and eafily obtained an increafe of dominion more worthy

* Thefe were, the bifhops of Glafgow, Caithr.efs, and John Comyn.

U Thefe were, William de Sinclair, Patrick de Graham, and John de Soules. It is not faid of
what caftles they were the keepers.

2 of

[>. I0J9.

ENGLAND AND SCOTLAND. iffgf

of their ambition than any other. The inward peace of the ifland would have interregnum
been lecured -, and thoie cruel and ever returning wars prevented, to which ■ -_- ,.je
the places on the borders of the two kingdoms owe their chief fame. But the i*9°»
time prefixed by Heaven for the attainment of thefe bleffings was yet at a great
diitance. The death of the young queen, in one of the Orkney I (lands, as
fhe was on her voyage towards her own kingdom, defeated the intended mar-
riage: and Edward, unable to check his ambition, and relinquish his darling
project of extending his dominion over the whole ifland, engaged in methods
of effecting it, which changed the peace that had long fubfifted between the
nations, into fuch bitter diffenfions and cruel wars as had not been formerly
known; and from which fuch alienation and animofity arofe, as could not be
extinguiihed in the courfe of many fucceeding generations.

The Scottifli plenipotentiaries who had been with kins; Edward at North- R y»' tra * K '
ampton, returning to their own country, made report to a convention * at
Perth, of the anfwer given by the king of England to their demands. The
bifhop of Durham and earl of Warrene did alio go into Scotland, and being
informed that ambaffadors from Norway, with their charge the Scottifh queen,
had arrived in Orkney, which was then fubject to the kingdom of Norway,
they pur'pofed to go thither, in order to conclude with thefe ambaffadors every
thing neceffary to the queen's reception and marriage. But juft about this
rime a report was fpread of her death ; upon which Robert Brus, who had not
intended to go to the convention at Perth, did, on the requefi of fome f, imme-
diately repair thither, with a powerful retinue. Several of the nobles Jhewed
their inclination to fupport him, and two of them fent for their forces J. Thefe
meafures gave ftrong apprehenfions of a civil war, on the event of the queen's
death. William Frafer, bifhop of St. Andrews, fent intelligence of them to
the king of England, before the death of the queen was certainly known; and
intreated that monarch, if the queen fhould die, to draw nigh to the march
between the kingdoms, for the confolation of the people of Scotland, and
to prevent the effufion of blood ; fo that the chief men of the king-
dom might preferve their oath § inviolate, and give the kingdom to him

* This convention, according to a letter from the bifhop of St. Andrews to the king of England,
dated at Lrcris (Leuchars), confided of fome nobles of the kingdom of Scotland, and met at
Perth on the Sunday after Michaelmas. The bifhop adds, that, on their hearing and undemanding
Edward's anf.xcr, ike faithful nobles, and fome part of the community of the kingdom, returned him
immenfe thanks. It is evident from this, that all, and particularly, Robert Brus and his ad-
herents, were not content with what had been tranfa&ed with the king of England.

-j- Ad interpellationcm quorundam.

j Set comites tamen de Mar et Athtlite jam eorum exercitum demandarunt : et quidam alii Magnates
terra trahuntfe ad partem fuam. The earls of Mar and Athol are in the lift of auditors choien by
Robert Brus, Rym. ii. 553. and therefore may be concluded to be of his party. Dugdale's
Baronage, vol. i. p. 216.

§ Of this oath there is an account in the petition of Robert Brus, prefented at Berwick, Auguft 3,
1291 ; in which he fays, that all the good men (omnes probi heminesj were fworn to the nearelt of
blood to the deceafed king Alexander, who had a right of inheritance to the crown (qui de jure
hareditare debebit), on the event of Margaret of Norway dying without iflue. The bilhop of St.
Andrews advifes the king of England, in this, letter, if John Baliol mould come to his prefence, fo
to treat with him, that, on every event, his (Edward's) honour and advantage might be fecured.
This letter of Frafer feems to contain a more authentic and particular account of the flate of affairs
in Scotland at that time, than any other coaval authority.

Z whofc

Edward T,
K. of England,

jsgo.

Dalrymple's
Hiftory of Feu«
dal Properly.
Rym. ib, 578,
579. 5*0.

THE BORDER- HISTORY OF

whofe right it was to inherit the crown, and who would, at the fame time,
enter into the views of the Englifh monarch *.

It is probable, that many of the Scottifh prelates and nobles were equally
inclined with the bifhop of St. Andrews, to court the favour of the Englifh
monarch, and to have recourfe to him for quelling thofe civil commotions
which threatened the utter ruin of their country; and which no power or au-
thority within it was fufficient to compofe. The power of fo great and flou-
rifhing a monarch appeared fully adequate to this purpofe. Nor was the fame
of his wifdom and equity inferior to that of his power •, and though in the
courfe of the tranfadlions above- recited, he had not been able to conceal his
ambitious views with regard to Scotland, he had hitherto fo far moderated them,
as ftill to preferve the confidence of many. It doth not, however, appear
from any authentic record, that the guardians or ftates of Scotland, or the
competitors for the crown, did formally requeft him to a<5l as a judge, or arbi-
ter, in the matter of the difputed fuccefiion -f. But his correfpondence and
intereft with many of the chief men of the kingdom (which he had, no doubt,
greatly increafed during the courfe of the late nogociations about the marriage),
gave him fufficient encouragement to undertake this work, and to avail him-
ielf of it, for eftablifhing his own favourite claim of fovereignty, and direct
dominion over Scotland.

Although the fecret management of Edward multiplied the number of pre-
tenders to the fuccefiion, to no fewer than twelve, yet it was evident, that the
claims of Baliol and Brus were thofe which alone merited any attention.
Nor could the preference due to Baliol have been called in queftion, had the
right of reprefentation in heirs collateral, equally with ditett, been at that time
firmly and univerfally eftablifhed. For the heirs defcending from the body of
the late king Alexander III. being all extincl, Baliol and Bius claimed the va-
cant throne, as defcending from David earl of Huntingdon, Alexander's grand
uncle, and brother to Malcolm IV. and William the Lion, kings of Scotland.
The children of earl David, who had iffue, were three daughters, Margaret,
I label, and Ada. Of thefe, Margaret, the eldelT, was married to Alan lord
of Galloway, by whom fhe had a daughter, named Derveguld, who, by the
death of fome brothers and an elder filter, became heir to the rights of her
mother-, and, being married to John Baliol, bore a fon of the fame name,
who was heir to his mother, and as fuch did now ftand competitor for the
crown. Ifabel, the fecond daughter of David earl of Huntingdon, was mar-

• Dum 1amtn ille •ve/lro concilia 'vcluerit adhterere.
Fcrd.l. n.c.41, t In Edward's letter to the Pope, after the Lincoln parliament in 1301, he affirm?, That different
perlons, contending about the hereditary fuccefiion to the crown of Scotland, came to him, reijuelt-
ing him to do them juftice with regard to the right they c'aimed ; to which the Scottifn council, and
Biffet their agent, anfwer, That the king of England ajjiimed the lamb-like appearance (fub agnino
<vtlkre) of a reconciler, among the contending Scots, and was not invited, whatever he affirmed to
the contrary ; having cunningly allured to his intereft a fart of the nobles of Scothnd, ivho then ad-
hered to the par. j ivho had no title to the kingdom of Scotland ; and fo the reft, not being able to refill
him, he then ufurped the cuftody (guardianlhip) of the kingdom, &c. Ford. 1. it.c. 53, 54, 58.
The party fpoken of here, as gained by Edward, certainly means Brus's party ; for the regency of
Scotland, at that time (and Biffet, their procurator), acknowledged Baliol as their lawful kirg.

3 ried

ENGLAND AND SCOTLAND. 171

rieJ to Robert Bros; whofe Ton and heir was Robert Brus, lord of Annandale, interregnum
the other principal competitor. Brus being thus the grandfon of the earl of ™ c .° [1" ' f
Huntingdon, while Baliol was only his great grandfon, claimed the crown as 1*90*
being neareft in blood to the decealed king Alexander, and his grand-daughter
Margaret. He alfo affirmed that king Alexander II. when defpairing of an
heir of his own body, held him (Robert) for his heir, and declared him fuch to
the ftates of his kingdom, to which they gave their affent •, and that this could
be atlefted by fevera! of them, who were ftill alive. He pretended alfo, that
the laft king Alexander had declared to feveral of his confidents, that he looked
on him as his lawful heir, on failure of iffue from his own body •, and that all
the principal men of the kingdom were fworn to the neareft in blood to the late
king Alexander, as being rightful heir to the crown, in cafe of Margaret of
Norway's dying without iffue.

The death of Edward's beloved queen Eleanor, at Grantham, in the end Trivet,
of November, ftopt his progrefs northwards; and occafioned a delay of his V/a Nov. i«l'
vifu to the marches, until the following Spring. Having arrived at Darling- a. d. 1291.
ton about the middle of April, he thence iffued fummons to fifty-leven of his R.^ib.' 5x5,
military tenants 7, who were chiefly thofe of the northern counties, to accom-
pany him with horfes, arms, and all the fervice they owed him, at Norham
for fix weeks, reckoning from Eafter. And the fheriffs of the five northern
counties received orders, to advertife all within their diftridts, who owed the
king military fervice, to give the fame attendance.

On the icth of May, being the fifteenth day after Eafter, the king was atNor-
ham ; where he held in the parifhc hurch an affembly, confiding of feveral pre-
lates and nobles of his own kingdom, and alio of fundry of the prelates, nobles,
and community of Scotland J, whom he had by his letters required to attend him
at that place. He now declared by his judiciary, Roger le Brabazon, that the
purpofe of his coming was, in quality of fuperior and direct lord of Scot-
lard, to maintain the tranquillity of that kingdom, and to do impartial juftice
to thofe who laid claim to the crown •, but that, the better to accomplifh
thefe ends, he required ex abundanti of the Scots, who were prefenr, their
affent to, and recognition of his fovereignty, intending to make ufe of their
advice in determining and executing what was right. The Scots immediately
en hearing this propolal, begged a refpite, that they might advife with their
countrymen, efpecially the members of the eftates of the kingdom who were
abfent ; and alfo for themfelves to deliberate and prepare an anfwer to Ed-
ward's requifition. Upon which, although it was affirmed, that fufficient
intimation had been given them before-hand, concerning what was now de-
manded, a delay was granted them until the day following.

On that day, the fame perfons being affembled as on the preceding, and the Prynne, to;.;."..
Scottifh prelates and nobles ftill earneftly fupplicating for a delay, the bifhop t' i% *'
of Durham now addreffing them in name of his matter, informed them, that

•f- Among thefe are, John de Baliol, and Robert de Brus, alfo William de Vefey, Hugh de Laval!,
the lady de Rof, Margaret de Ros, William Heyrun.

J The Scots, according to Fordun, 1. II. c. 10. firfl convened at Upfetlington ; and then, on
Edward's requeft, and fending them a fafe conduft, crofl'ed the march to Korhaai.

Z 2 the

172 T KTE BORDER- HISTORY OF

K^'&wiuid tne ki n g> m condefcenfion to their requeft, had, by advice of his council,

^_ , J allowed them a refpite of three weeks, from the lothofMay, in order to

Kfr 1 * their giving a precife and peremptory anfvver to his requisition; and that, if they
were poffefied of any documents fufficient to invalidate the grounds of his
claim, they might produce them ; alluring them, that fuch evidences of the
independency of their kingdom mould be treated with all due regard.

The evidences produced by Edward, on this occafion, of the fovereignty,
or direct dominion of the kings of England over Scotland, confift of paflages
from various ancient writings, proceffes, and chronicles, preferved in the
Englifh and Scottifh monafteries -f ; many of which have been mentioned in
their proper places in the preceding part of this hiftory. Moft of thefe
paiTages recite inftances of the fubjection and homage paid by feveral kings of
Scotland to Englifli monarchs-, but the accounts given of thefe inftances are
either fo indefinite, or accompanied with circumftances fo fabulous or im-
probable, as not to deferve the name of hiftorical evidence. They are intro-
duced by Geoffry of Monmouth's fable of king Brute, and his three fons j
and in the conclufion is inferted an abfurd monkifh tale, from the legend of
St. John of Beverley, about Athelftane's conquer! of Scotland. The record
of the homage paid at York in n 75, by William the Lion, and his prelates
and nobles, to Henry II. is inferted at length ; being, when confukred in itftlfi
a clear and fatisfactory evidence in fupport of Edward's claim •, but no notice is
taken of the relaxation from this fubjedtion, granted to William by Richard I. ;
and in the account of the homage which William paid to Richard of Canter-
hovti. p. 66*. bury in December 11 89, it is not mentioned that this honiage was only done
for his dignities in England, as pollened by his brother Malcolm. In a word,
this writing of Edward, on being compared with authentic records and hifto-
rians, appears to be defective and unfair ; and if, as the narrative drawn up
under Edward's direction bears, the Scots advanced nothing to difprove his
allegations J, it argued either the prevalence of fervile fear and interefted
views, or an ignorance, almoft incredible, of what the chronicles and archives
of both nations contained.

It gives alfo an unfavourable idea of Edward's title to the fovereignty he
claimed, that he appears to have feized with avidity the opportunity of ob-
taining an acknowledgment of it from the great men of Scotland, at a time
when they wanted a fovereign, and were in a moft defencelefs ftate, by the
factions that prevailed among themfelves. It is alfo apparent, that, in order
to procure this acknowledgment, he employed all his art, and made a formid-
able diiplay of his power. His art particularly appeared in bringing fo great

+ This detail of evidences is, in the record publifhed by Prynre, inferted Im mediately afier the
fecond meeting of N >rham. In Rymer's copy it i placed after the lait meeting, on the 13th of
June, The fible of Bn te, an J his three fons, is left out in the latter. From the fpeech of the En-
glifh chancellor, to the meeting on Holy well-haugh, Jure 2, as given in Prynne's copy, it appears,
that this account of the evidences of Edward's t.tle to the fupenoiity over Scotland, had betn laid
befcre the Scots when with the king at Norham in May.

% Ferdun mentions Robert VVifchard bilhop of Glafgow, as averting, in the prefence of Edward,
the ancient lioerty and independency of Scotland ; but, intiead ol any folid evidence of this, he puts
in his mouth fonie legendary veifes, from a prophcfy of Gildas.

anum-

ENGLAND AND SCOTLAND.

a number of candidates on the field, and in his giving hopes of obtaining the
difputed crown, to all or moft part of thofe competitors ; who, without fo
powerful an encourager, could never have entertained any fuch expectation,
or infilled fo long in the profecution of it. The more remote claimants, for
the fake of attaining lb great an object, would not fcruple to gratify Edward,
by recognifing him as the fovereign of themfelves and country. Such a reco-
gnition, made by men of high rank and intereft, who had alfo royal blood in
their veins, and were moft nearly concerned to maintain the dignity of the
ancient royal race, paved the way for others, who were not thus connected
with it, to make the fame acknowledgment. This multiplication of candidates
was the readied way to make them all fubmifllve to Edward, as their common
lord and judge; and even to bring thofe to his terms, who had the beft right
in themfelves. Thus we fhall find, that John Baliol, on a very improbable
pretence of ignorance, abfented himfelf from the firft affembly, in which
Edward's fovereignty was acknowledged by his fellow-candidates ; but as foon
as he knew that this recognition was made by Brus, and all the reft of them,
he immediately refolved to follow their example ; juftly apprehending, that if
he refufed to do it, thofe whofe pretenfions were the weakeft, would have a
better chance to fucceed to the crown than himfelf. The obtaining this
recognition from all who were related to the late royal race, ferved alio to pre-
vent, or weaken, the credit of pretenders, who might arife to the crown, in
cafe of difcontent with Edward's decifion ; which, in a nation fo turbulent and
divided, there was the greateft reafon to apprehend.

In what manner the candidates and Scottifh nobles were employed, during
the interval of twenty days between their leaving Norham and returning again
to it, dorh not diftinctly appear. It feems certain, that their own jealoufies
and difcords, joined to the king of England's influence, hindered any general
concert for maintaining the rights of their country. If any wiflied to afierr.
thefe rights, they were intimidated by Edward's great power, and the nume-
rous forces with which he was ready to enter Scotland. And, according to
fome of the Englifh annalifts, he had publickly fworn by St. Edward, whofe
crown he inherited, that he would rather lofe his life than abandon the pro-
fecution of his right. In thefe circumftances, none of the competitors could
entertain the leaft reafonable hope of fuccefs to himfelf, without gratifying Ed-
ward in what he fought with fuch fuperior power and determined refolution.
And a crown, though dependent, was, to each of them, a temptation too
great to refill. Such of the competitors, therefore, as had gone into Scot-
land, together with many of the prelates and nobles of that kingdom, returned
to Norham on the day prefixed. And Edward, in fome degree to remove
their fears and fcruples, gave them a fafe-conducl, to continue until the feaft
of Pentecoft ; and alfo a concefilon, that their prefent coming to Norham
mould not prejudice them or others of their countrymen, by obliging them to'
crofs the Tweed on the like occafions.

On the fecond of June, the day of meeting, eight * of the competitors, with

icveral

i?3

Jntsrregnun.
in Scotland.

IZ91.

Her.iingf. !. 33.
Waif. Triv.
An n

May 31.

Rym. torn. ii.
P. 5* 8 -

* Thefe eight were, Robert de Brus, Florence earl of Holland, John Haftings, Patrick Dunbar
eari of March, William de Ro. s , Walter de rluritercumbe, procurator, or attorney of William de

Yeiey

i 7 4

THE BORDER-HISTORY OF

EJwardi. feveral of the prelates, nobles, and community of Scotland, appeared, and
■J ° . "_ ™Jf being affembled on a green * plain, oppofite to Norham caftle, on theScottilh
»*9i. fide of the Tweed, they were required, in name of the king of England, by
the bifhop of Bath and Wells his chancellor, to give a precile and peremptory
anfwer with regard to his claim of fovereignty over their country ; and, if
they were pofieffed of any documents fufficient to overthrow this claim, to
exhibit them without delay. No iuch documents being offered, the chancellor
next required, that each of the competitors there prefent fhould folemnly re-
cogniie the fovereignty of Edward over Scotland, and make an abfolute fub-
miffion of their pretended right to the Scottifh crown to his decifion. Such
recognifance and fubmiffion were accordingly firft made by Robert Brus, and
after him, by all the other competitors. Then Thomas Randolph, a knight
of John Bahol, excufed the abfence of his lord from this afiembly, pretending
he was ignorant of the day appointed for it, and requefted that Baliol might
be admitted on the day following, in his own perfon, to purfue his claim,
which Randolph affirmed to be preferable to the claims of the other compe-
titors -f-. Baliol did accordingly appear on the morrow, and made in the fame
place the fame recognition and fubmiffion which the others had done the
day before.
June 3 a, Afterwards, on the fame day, the competitors and whole company came

Tueflay. i nt0 tne p re fence of the king, in the parifli church of Norham. To thefe
Edward, firft by his chancellor, and afterwards in a fpeech delivered by him-
felf, recapitulated the fteps already taken ; and declared his purpofe to proceed
with the ftri&eft equity, in his exercife of that right which all the claimants
had now recognifed; but protefted, that his acting at prefent as their fove-
reign lord in the trial of their pretenfions, fhould not prejudge his own heredi-
tary right of property in that kingdom, when he thought fit to prolecute it.
Immediatly after the king had concluded his fpeech, John Baliol, perhaps to
atone for his tardinefs on the preceding day, declared again, in prefence of
the king and whole afiembly, his recognition of Edward's luperiority, and his
willingnefs to receive juftice from him in his pretenfions.

John Comyn lord of Badenoch, who was married to Baliol's filler J, pro-

Vefey for William himfelf, Robert de Pynkeny, and Nicholas de Soules, William de Vefcy, lord
of Alnwick, was a perfon in great favour with the king, and was at that time jullice of Ireland,
and refiding in that kingdom.

* The place where the affembly met was Holywell-haugh, and it is defcribed in the record as a
green plain in the open air, near (he river Tweed, oppofite to Norham caftle, within the paiilhof a
town called Upfetlington, belonging to the diocefe of St. Andrews in Scotland. The ancient
parifh of Upfetlington included the prefent Ladykirk, in the grounds belonging to which pleafant
village the place defcribed is fituated. The church of Ladykirk was founded, as appears from a
Latin infeription in Gothic characters over its call-door, by James IV. of Scotland in 1500. The
two parifhes of Upfetlington and Horndean were afterwards united to make a parifh for this
church. Until the erection of the bilhopric of Edinbuigh by Charles I, both Lothian and Mers
were in the diocefe of St. Andrews.

•\ Dicebat dominumfuum pinguius jus habere.

% John Baliol king of Scots had three fillers; the eldeft was Margaret lady of Gellefland ; the
fecond was lady Confy ; and the third was married to him that Robert Brus killed at Dumfries.
Lei. Coll. i. 540. from Sc. Chr.

bably

ENGLAND AND SCOTLAND. i 75

bably with the view of ftrengthening Baliol's intereft, did now alfo prefent Jnterrfgnum
himfelf as a competitor, and was admitted on the fame terms with the reft. - *«

In the next place, all the competitors except Pynkenny *, put their feals to i^'.
a written inftrument, in the French language, attefting the fame recognifance *y^ lb, s*9>
and fubmiffion which they had before made in words, and declaring that all
they had done was with perfect freedom. The king then entering into a con-
i'uhation with the great men of Scotland, and candidates for the crown, about
the beft manner of proceeding in the diicufllon of the point in queftion, it
was unanimoufly agreed, thac Baliol and Comyn for themfelves, and thofe of
the competitors who Jhould concur with them, fnould chufe forty difcreet and
faithful men ; that forty others fhould be chofen by Robert Brus, and thofc
concurring with him ; and that the king of England fhould chufe twenty-four,
with a power referved to him -f- either to augment or leffen this number at his
pleafure ; that all the perfons thus elected, meeting at a time and place to be
appointed by the king, fhould take cognifance of the claims of the compe-
titors, agreeably to reafon and juftice; and make their report to the king, for
his final determination. On the day following the king obtained from the R !' m - To1 -''
competitors, a grant in writing of the poffeffion (feifin) of the whole land )*nn.
and caitles of Scotland •, that it might be in his power to deliver thefe to the
perfon to whom he fhould adjudge the crown, being obliged by an article in
this grant, to give fufficient fecurity that he would redeliver every thing in the
condition wherein he received it, within two months after the right to the
crown was determined, and that he would order proper care to be taken of
the public revenues, for the behoof of the kingdom and future king.

When the manner of nominating the auditors or delegates in this great
caufe was fettled, as is above related, it was at the fame time agreed, that on
the third day after, written lifts of the delegates fhould be delivered to the king •' une **
by the parties, and that the king fhould alfo then make known his nomination
of twenty-four. Accordingly, on that day, the lifts of auditors nominated
by Baliol and Brus J, were delivered by the bifhops of St. Andrews and
Glafgow, to John of Berwick, dean of Winbourn, the king's clerk, who was

* The order of their names in this inftrument, which is in French, is as follows : Florence earl
of Holland, Robert Brus lord of Annandale, John Baliol lord of Galloway, John Haftings lord
of Bergevenny, John Comyn lord of Badenoch, Patrick de Dunbar, John de Vefey for his
father, Nicholas deSoules, and William de Ros. No reafon is given for Pynkenny not joining in.
this inllrument.

+ This referved power is a circumftance not mentioned by Carte.

% If from the lifts of auditors given in by Baliol and Brus, we may judge who were the friends
of each, it appears, that Baliol had far the greateft intereft among the churchmen, which might
perhaps be owing to the influence of the bihop of Durham, who appears to have been Edward's
principal agent in his Scottifh affairs, and according to Fordun, gave counfel to Edward againft _ , .
Robert Brus. In Baliol's lift are fix bifhops, in Brus's only two. In the former are feven abbots,
a prior, and an archdeacon ; among thefe the abbots of Kelfo and Holyrood-houfe ; in the latter,
enly two abbots, thofe of Melrofe and Jedburgh. The greateft lay-interell is in the lift of Brus;
five earl;, among thefe Patrick earl of March, alfo the fteward of Scotland ; on Baliol's fide, four
earls. Brus has in his lift fome other clergymen of inferior note, Henry deio of Aberdeen,
Brother Reginald de Rehalle monk of Melros, alfo fix others, with the title of Magijler prefixed to
their names, who were probably clergymen ; as Magijler was a title then of much the iame meaning Cowell's Lm*
as Do&or now, denoting fome degree of eminency in learning. No Magiftri in Baliol's lift. Dift.

authorised

ii.

, 7 6 THE BORDER-HISTORY OF

Edward r. authorifed to receive them, and the king's lift of twenty-four was alfo ex- '
k. oi E n 5 |3 » Q ' hibited. On the day following, the king having commanded the candidates
1291. to treat among themfclves about the place and time of the delegates aficm-
rdit ?" bling, they agreed that Berwick on Tweed fhould be the place •, but not
agreeing about the time, the king, with the conlent of the parliament, ap-
pointed it to be the 2d day of Auguft.

A delay arofe in delivering into Edward's hands the Scottifh caftles, from a
fcruple of Gilbert Unframville earl of Angus, who had in his keeping the
caftles of Dundee and Forfar. Unframville refufed to deliver thefe to Ed-
ward, becaufe he had not received them from the king of England, but from
theeftates of Scotland. In order to fatisfy him, the king of England, as one
Juneio. of the claimants, concurred with the reft of them, in a written obligation *,
to indemnify Unframville and his heirs for making the furrender demanded ;
upon which Unframville, with confent of the guardians of the realm of Scot-
land, delivered to the king of England and the reft of the competitors, the
catties, as being the right and heritage of fome of them ; which was agree-
able to the oath he had taken to the neareft in blood to the royal lineage.
This difficulty being got over, and Edward put in full pofleffion of the
June u. Scottifh kingdom and fortrefles ; at a meeting held on the following day in the
i>r>nne ' caftle ofNorham, he redelivered, as fovereign of Scotland, the cuftody of the
kingdom to the four guardians, who, by Edward's command, made choice of
Alan bifhop of Caithnefs to be chancellor of the kingdom, and with him the
king immediately aflbciated in that office, Walter Agmondefham, a clerk of
his own -f.

Edward, ftill affecting to temper the rigour of his demands with appear-
ances of equity and condefcenlion, gave a conceffion in writing, that right
RymX'.b. 531. fhould be done to the competitors for the crown of Scotland, within that
kingdom, and not eliewhere. On the fame day, he gave a writing J, obliging
Jt^mer, ib. 601. himfelf to deliver the feifin of the kingdom of Scotland to that perfon to
whom it fhould be adjudged in his court and prefence-, in which writing there
was an article, declaring that, on the death of any king of Scotland who left
an undifputcd heir, Edward or his heirs fhould not demand ward, marriage,
or pofleffion of the kingdom, but only the homage and fovereign dominion,
and what thereto belonged ; but when there was a difpute about the right to
the crown, then the king of England fhould have pofleffion of the kingdom,
and caftles, and the cognifance of the title to the crov/n, as at prefent. On
this day alfo, a meeting was held on Holy well-haugh, in which the great feal
of Scotland, which had been on that day brought to Edward at Upfetlington,
was delivered to the bifhop of Caithnefs and Walter Agmondefham ; who took
oaths of fidelity as to the difcharge of the duties of their office, and to Ed-
ward, as fuperior lord of Scotland.

* This obligation is not inferted in the record.

f This aflbciation of Agmondefham Carte omits.

X This writing is not in Edward's record, h contained fome other articles, which the king
affirms he had completely fulfilled ; and when the important article in the text was prefented to him
at Newcaftlc, Jan. 4. 1292, he acknowledged that it nvat/uch (qe ilfut tielj. Carte fpeaks of
this obligation as being given at Newcaflle, vol. ii. p. 231,

ENGLAND AND SCOTLAND.

On the fame day, in a meeting held in the prefence of the king at Norham,
the proceedings of the following day were appointed ; on which were afTem-
bled before the king on Holywell-haugh, the great men who had appeared at
former affemblies, together with a great multitude of the people of both
nations. There the king aflbciated to the four Scottifh guardians, Bryan Rr*-
Fitz-Alan an Englifh nobleman ; and then all the five fwore to be faithful to
their trull, and obedient to Edward as their fuperior lord. After which, the
four Scottifh guardians, with twenty-eight befides of the great men of Scot-
land *, fwore fealty to Edward as fuperior and direifl lord of Scotland.
Hereupon the peace of Edward was proclaimed on the fpot ; and orders were
given to proclaim and obferve it throughout the kingdom. Agreeably alfo to
what had been before refolved, the lecond of Auguft was aiTigted as the day of
meeting at Berwick for farther proceeding in this affair.

In the interval, Edward ftill diligently purfued his great objec~t. He re-
ceived at Berwick, as fuperior lord of Scotland, oaths of fealty from fcveral
Scotchmen who came to him thither -f-. He received the like oaths from Philip J j »« »8, j».
de Rydale mayor of Berwick, and the burgefles and inhabitants of that town,
of which eighty-three are named. In the beginning of July, he fet out in a
progrefs into Scotland-, in which, by the way of Edinburgh and Stirling, he
proceeded as far as Perth J. He received the fealty of the burgefles and
whole community of the laft named town ; as he alfo did from feveral
perfons of note, fecular and ecclefiaftical, at different places, in going and
returning. The guardians of the kingdom, and others in different quarters
of the realm, were appointed to receive the fealties of thole who had not ,m ,l ' 571 '
come in perfon to the king, and the refractory were ordered to be compelled.

The great affembly appointed to meet at Berwick on the fecond day of
Auguft, having been adjourned to the day following, the king on that day, in
prelence of feveral prelates and nobles of both nations aflembled in the chapel of
the caftle, protefted §, that the favour he had granted to the competitors for the Rym ; ToL *■
crown of Scotland and the community of that kingdom, to do juftice in the
prefent queftion within Scotland, mould not be to the prejudice of himfelf or
his heirs, fo as to hinder them from doing what belonged to them as fovereigns
of Scotland, on the like or other emergencies, within the kingdom of Eng-
land. Then the bifhops, prelates, earls, barons, knights, and many of the
people, both clerks and laicks of both nations, being convened in the pre-
tence of the king in the caftle of Berwick, the hundred and four delegates

• Of this number there were only one bifhop, viz. of SoJor, or the Ifles ; there were eight
earls, thofe of Carrick, March, Mar, Buc'nan, Athol, Angus, Lennox, Momeith. Robert Brus
and John Baliol are full in the lift, and put immediately before the earls; John Comyn lord of
Badenoch and James Steward of Scotland immediately after them. When the bilh'ip fwears. it is
faid to be, pr/efentilus cvangeliis. When the laymen fwear, it is faid to be tallis fan<3is Dei
tvangehh. Rym. vol. i. p. $58.

f Among thefe were, Henry prior of Coldingham, John de Vans, Peter de Mornigeon (pro-
bably Mordington,) Alexander de Bonekyl, Agnes de Bernham priorefs of Berwick. Seventy of
them are named.

X No mention of this progrefs by Carte.

§ In Rymer's copy, the date of this protection is the 3d of July, but in Prynne's, with much
more probability, it is the 3d of Auguft,

A a nominated

P- 574-

K. of England

i 7 3 THE BORDER HISTORY OF

Ed ""ti!nj nominated at Norham, were commanded by the king, to aflemble in the
deierted church of the Dominicans adjacent to the caftle. There they im-
"9^ mediately began to receive the petitions and grounds of claim, which the

feveral competitors prefented to them in writing. Thefe petitions were twelve
in number, whereof the two laft in the record are thofe of Brus and Baliol ;
an account of whofe pretenfions agreeably to what the petition of each con-
tains, hath been already given. John Haftings, one of the twelve claimants,
was the deicendant and heir of David earl of Huntingdon's youngeft
daughter, and as fuch, had the kingdom been a divifible inheritance, he would
along with Brus and Baliol have been entitled to the third fhare of it. But
the claims of all the reft * were evidently frivolous, as their predeceffors,
though of the royal blood, were either illegitimate, or if legitimate, were
more remote from the lately extinguifhed royal line than thofe of Bruce,
B .liol, and Haftings. The petitions and reafons by which they were fup-
ported, having been heard by the delegates, and reported by them, in pre-
sence of the competitors, to the king, that monarch, with the confent of the
competitors, adjourned the farther hearing and decifion of this great affair,,
until the fecond day of June in the following year, when his next parliament'
carte, n. zzi, was to be held in the fame place. This delay is afcribed to Edward's deGre of
■"*• attending in perfon the funeral of his mother, and of compofing a ftrife

which had proceeded to a great height betwixt two of his great earls, Glo-
cefter and Hereford ; but it likewife evidently ferved the purpofe of ac-
quainting himfelf with all matters relating to Scotland, and of habituating
the competitors and whole kingdom to that dependence on himfelf, which he
was fo defirous of eftablifhing.

Edward, with the fame attendance as before from both kingdoms, was

a. t>. 1192. again at Berwick on the appointed day in the following year; when Eric

king of Norway appeared by his ambaftadors, a new competitor -f for the

* The other nine, in the order in which they appear in the record, are, Florence earl of
Holland, Patrick earl of March, William de Veiey, William de Ros, Robert de Pynkeny,
Nicholas de Soules, Patrick Galithly, Roger de Mandeville, and John Coroyn lord of B.idenoch.
Patiick Galithly is the name of the laft in the lift of the burgeffes of Perth who fwore fealty to the
king. See above, p. 177. Carte fay<, it is not eafy to guefs with what view fome of ihefe claims-
were made, unlefs to perpetuate the claimant's relation to the royal family, or in hopes of obtain-
ing fome grant for giving up his pretenfions.

Patrick earl of Dunbar, William de Vefey, William de Ros, and Roger de Mandeville, claimed
as the defcendants and heirs refpeftivdy, cf Ada, Margery, Ifabel («\ and Aufrkk, bnftari
daughters of William the Lion. Patrick Galithly, as the heir of Henry Galithly, a natural fon of;
the fame William. (So the record plainly. Carte makes Henry Galithly a fon of Alexander Jl.)
Nicholas de Soules, as the heir or Margery, a baftard daughter cf Alexander II. Florence com.:
of Hoiand and Robeit de Pynkeny, founded their pretenfions- on delcending from Ada and Mar*-
gery, daughters of king David's eldeft fon prince Henry, and filters to the kings Malcolm and
William, and to David earl of Huntington. Finally, John Comyn lord of Badcnoch reckoned
his defcent from Bathok, a daughter of Donald Bane, who ufurped the throne after the death of
his brother Malcolm Canemore.

f Carte mentions this appearance of Eric at the firft meeting.

(3) From the confutation of the lawyers of Sens in Fordun, 1, .11.. c. 7. it appears, that Ros alleged, that Ifabel,:
kis great tirina-motha, had beca legitimated

«rown

ENGLAND AND SCOTLAND. 17$

crown of Scotland, as heir to his daughter Margaret *, and acknowledged interregnum
Edward's fovere;gnty over that kingdom. His claim with the relt was referred cq **. ' a

to the commiffioners •, who, meeting in the fame place as laft year, heard and >»9».
confidered wkh the utmoft attention, all the petitions, arguments, allega-
tions, and anfwers, of each petitioner. Various difficulties occurring, they
made a full report to the king ; who, having examined it in prefence of the
whole alTembly, ordained, to prevent delays and render the caufe lefs per-
plexed, that the auditors fhould, in the firft place, examine the claims of
Bras and Baliol, and determine which of thefe two had the preferable right;
the other competitors in the mean time agreeing to fulpend the profecution of
their claims, but with the liberty of reluming it, after this queltion fhould be
decided. The king then required an oath from the Scottifh auditors, that
they would give him faithful advice, by what laws and cuftoms the prefent
queltion ought to be judged. They, entering immediately into a diligent
confideration of this point, unanimoufly anfwered, That, on account of certain
differences ft i 11 fubfilting among them concerning the laws and culfoms of
Scotland, in a cafe fo arduous and in former times unheard of, they durft not
give the counfel the king required, without farther advice and a fuller deli-
beration. They therefore fupplicated the king, that the twenty-four Englifh
delegates nominated by himfelf, might join them, and affift their confultations
concerning the article inqueftion. This being granted and a conference held,
the Englilh commiffioners reprefented to Edward, that the Sco:s, by whofe
opinion, if unanimous, the king ought to be determined, differed very widely
in their fentiments concerning the laws and cuftoms of their country in the
prefent cafe, and that themfelves being few, and not the ableft and wifeft in
his realm, they did not dare to aflume fo great a burden, as to advife the king
in the prefent arduous bufinefs, without a more extenfive and accurate con-
futation of the great and wife men of his kingdom. Upon this, the king,
with the advice of his parliament and confent of the feveral competitors, ap-
pointed the fourteenth day of the enfuing Ocfober, for another meeting in the
fame place. He promifed to call together, at that time, a greater number of the
perfons of his kingdom moil eminent in rank and wifdom, in order to a more
mature examination of the caufe. All now prefent were admonifhed, during the
interval, to advife with each other, and examine more maturely what was beft

* The petition of the king of Norway contains feveral other particulars, which feeins to be the
reafon of its not being inlerted at length in the record ; Walfingham gives the whole in his Ypod.
Neuft. from whence Prynne copies it into his completion. Eric petitioned Edward to aflign to
him the revenues of Scotland, for the four years between the death of the late king Alexander and
the late queen Margaret, Eric's daughter, which revenues Eric had a right to as lawful adminiftrator
for the queen, while me lived, and alfo to indemnify him for the exper.ces he had been at on her
account, both while me remained in Norway, and in fending her over to Scotland. He alfo re-
quefted Edward to condemn the eiLtes and kingdom of Scotland, to pay to him 100,000/. iterling,
which penalty they incurred by not receiving freely his daughter Margaret as lady (miflref) and
queen of Scotland (dominant et reginam regni Scotits), nor obeying her in any thing (nee ei
cbediendo in aliquoj : alfo to demand a fum to fup. ly the deficiency of 700 merks due from the
kingdom of Scotland as Margaret's dowry, the rents (fruSus et tedditus) afligned for 700 merks,
amounting only to roo merks; and in general, to fue for all other debts or claims which Eric had in
Scotland. Ypod. Neuft. 479, 480.

A a 2 to

l8o THE BORDER-HISTORY OF

Edwjrdt. to be done. And the king, ex abundanti, promifed to fend fome of his
/ 0> _ - " e a °, ' council to take the opinion of wife men in different countries *, that this
alfo might be laid before him at the next meeting of parliament.

At the time and place appointed, the king and parliament, with the auditors
and competitors, affembled as formerly. Their proceedings began by efta-
blifhing unanimoufly the following principles, exprefled in their anfwers to fo
many correfponding queflions which the king propofed to them. Firft, That
the king might and ought to judge in the cafe before them, by the laws and
cuftoms of the kingdoms iubjedt to him ; if any fixed and certain laws and
cuftoms, that could be applied to that cafe, were to be found in thole king-
doms. Secondly, If there were no fuch eftablifhed laws and cuftoms, then
the king might and ought, by advice of his nobles and great men, to make a
new law. And thirdly, That the right of fucceeding to the crown of Scot-
land ought to be determined in the fanie manner as fuccefiions to earldoms,
baronies, and other impartible tenures. Then Brus and Balioi, having firft
declared to the king their acquiefcence in thefe determinations, were heard at
length by the commiffioners, each in fupport of his pretenfions.

The fubftance of the plea now made by Robert Brus, in addition to what
his petition contained, was, That a queftion about the fucceffion to a crown
ought to be decided by the law of nature, and not by laws arid cuftoms that
regulated the fuccefiions of vafials and fubjects ; and that, by the law of
nature, he who, being lawfully born, is neareft to the royal blood, when the
throne becomes vacant, ought to be preferred. He affirmed, that, agreeably to
this rule, it was the ancient cuftom of Scotland, that the brother of a deceafed
king Ihould fucceed to the crown, in preference to his fon ; and he adduced
examples of fuch fuccefiions in Spain and Savoy. He added, that a woman
was naturally incapable of government, and therefore, although Derveguld
the mother of Balioi was alive, when the throne of Scotlaad became vacant
by the death of king Alexander, yet fhe being, for the reafon juft mentioned,
incapable of reigning, the right to the crown ought to devolve to himfelf
(Brus,) as being a male in equal nearnefs of relation with her to the deceafed
king.

The anfwer of Balioi, after pointing out fome fmaller errors in the plead-
ings of his antagonift, reprefents, That whatever might be alleged concerning
the cuftoms of other kingdoms ; yet in the kingdoms of England and Scot-
land, where kings reign by fucceffion in the right line, and earls and barons
fucceed in the fame manner in their heritages, the ifiue of a younger lifter,
though nearer in degree, did not exclude the iffue of the elder though in
degree more remote ; the fucceffion continuing in the dire ft line -f. For
from this it follows, that while any iffhe of the elder filler remained, no right

* The confultations of many lawyers in the court of the French king;, and of the learned of the
univerfity of Pari?, are preserved by Ford is n, I. I i.e. 4, — 9. incl. The cafe ftsred to them by
Edward, aflumes his own fovereignty over Scotland as an eflablilTied point. Their anfweis ate
different, according ai their judgments were formed on the Mofaio, Imperial, or feudal laws. fl ut
al.moft all agree, that the cullom of Scotland if known ; or if not, that of England j ought to be
followed, preferably to any law.

f /// ipfa reila linca fuccefiionc durante. Carte renders it the right or elder line.

could

ENGLANDANDSCOTLAND. , y,

could devolve upon the iffue of the younger. This being clearly the law in-erreen m
whereby the king of England, fovereign lord of Scotland, gave judgment con- ™ " '. '" *,
cerning lands and poffeffions holding of himfelf or his anceftors, there was no 129:.

room or applying to the prefent cafe any other laws or cuftoms ; for the com-
petitors were on the footing of fubjects, not poffeffing themfelves royal pre-
rogatives, but afking juftice from Edward as from their fovereign lord ; of
whom and his anceftors, from time immemorial, the realm of Scotland was
held by homage. As to the ancient cuftom of fucceeding in the kingdom of
Scotland, which Brus pretended was favourable to his claim, Baliol alleged,
that the younger brother, in kich inftances, fucceeding to the elder, in pre-
ference to the ion of the latter, ferved to prove that the more remote in degree
of fucceffion was preferred to the nearer, in exprefs contradiction to the
ground of Brus's claim; feeing the fon was nearer in degree of fucceffion to
his father than his father's brother, according to the laws and cuftoms of each
kingdom. Finally, to Brus's pretence, that a woman was incapable of reign-
ing, it- was anfwered, that his own right to reign could only be through the
medium of his mother Ifabella •, and therefore, if fhe was incapable of a right
to reign, no fu.:h right could defcend from her to him. Brus was alfo put in
mind, that he, along with the other great men of Scotland, had acknowledged
Margaret the daughter of the king of Norway as his queen, and fworn fealty
to her, which was totally irreconcilable with his prefent argument. Then
Baliol giving a diftinft account of the fucceffors to the crown down from
William the Lion, and of every heir who had died, to make way for him-
felf, he demanded that- the petition of Brus fhould be voided, difmiffed, and
rejected, and the kingdom of Scotland adjudged to himfelf as rightful heir.

All thefe things being heard and dilcufied at length before the auditors,
were reported to the king, who then folemnly afked the advice of all the
members of his great council or parliament, and alfo of the auditors, whether
of the two ought to be preferred to the kingdom of Scotland, in confequence
of what had been pleaded and alleged by each party. And, that the decifion
might have more the appearance of being founded on the merits of the caufe,
and not on perfonal favour, he comprehended each party's grounds of claim
in the following general queftion ; Whether the remoter by one degree in fuc-
ceffion iffuing from an elder fifter ought, according to the laws and cuftoms of
each kingdom, to exclude the nearer in degree iffiiing from a younger fifter?
Or if the nearer in degree iffuing from a younger fifter ought, according to the
fame laws and cuftoms, to exclude the more remote by one degree iffuing from
an elder fifter ? To which queftion, an unanimous final anfwer was given, Thar,
in the circumftances ftated, the defcendant of the elder fifter ought to be'
preferred. The king having heard this anfwer, ordered the whole affair to be
again moft accurately canvaffed; by the fame affembly, and appointed a day
to Robert and John to hear their - judgment, viz. the Thurfday after the feaft
of All Saints, being juit three weeks from the prefent meeting.

At the opening of the next meeting, where Brus, Baliol, and the other k 0? . 6 .
competitors, attended, it was declared, after weighing Brus's petition, with
all its circumftances and the arguments on both fide, that this petition ought
8 * CO

j82 the border-history of

., E<, " arJ . 1 - to be difmified *. But, as to the petition of Baliol, the king could not pro*
^ _.- _• teed to give judgment, until the peticions ot the other claimants were heard;
1*92. for which reafon Baliol, and the reft were directed, if they thought it expedient,
to profecute their feveral petitions before the auditors from day to day. Then
Robert Brus appearing in perfon, declared his intention to enter into a plea
for the whole kingdom of Scotland, or a part of it, in a different form and
manner from what he had before ufed. He requefted to be admitted to do fo,
and named three procurators f, who were allowed to appear for him. Im-
mediately after, John Haftings prefented himfelf to profecute his petition, as
being the heir of Ada, the third daughter of David earl of Huntingdon.
Haftings pleaded, that the queftion ought to be decided according to the
common law of England ; agreeable to which, the inheritance was partible,
and ought to be divided equally among the heirs of the three filters, Mar-
garet, Ilabel, and Ada •, and as the heir of the latter, he claimed his propor-
tion or third fhare. Immediately Robert Brus, adopting the argument of
Haftings, and adding fome reafons to prove that the kingdom of Scotland was
partible, chimed a third part of Scotland, as being the heir of David's fecond
daughter. Baliol's anfwer to thefe claims was alfo heard ; and the reafons on
both fides being diligently examined by the king and his council, the king
inquired of the afTembly, Whether the kingdom of Scotland was partible ?
Or, if the kingdom was not partible, whether its efcheats or cafualties were
partible J ? To both which queftions, anfwer was unanimouflly given in the
negative. Then the king affigned to all the claimants the next Monday after
Martinmas, to hear his judgment on their petitions ; purpofing to employ the

(a) So in Cart*,
perhaps it fhould

• On the day after this decifion, RobeitdeBrus executed an inftrument at Berwick, refigning
all his right in the kingdom of Scotland [a), to his fon Robert earl of Carrick and his heirs ; fealing
the deed not with his own feal, but with that of the earl of Gloucefter and Hertford. Carte refers
he hndi in Sai- to the deed in Fincenth Correclion of Broke % Errors. And on the Sabbath following, Robert earfof
tani ' Carrick refigned his county of Carrick, and all the other lands held by him in Scotland, in right

of his late wife Margaret countefs of Carrick, to his fon Robert (afterwards king of Scotland), as
the right and heritage of the latter, requefting John Baliol to whom the deed was addreffed, to
receive the homage of his fon Robert, as the true and lawful heir of thefe eltates. Robert earl of
Carrick having abiented from Baliol's parliaments held after Candlemas and Eafter, in order, as
it would feem, to avoid appearing before that at Lammas, went over to Norway, and his fon attend-
ing the parliament at Lammas, produced this deed and was admitted on certain conditions to do his
homage. Rym. vol. ii. p. 614, 605, 612. According to Leland, Robert, in the prefence of
king Edward, refufed to do homage to Baliol, and thereupon refigned his lands in Annandale to
Robert his eldeft fon, who alfo refufing to do faid homage, he faid to Robert his fecond fon,
(it fhould be his grandfon) take thou my land in Scotland, whereof accepting, he did his homage
accordingly. Dugd. i. 450.

+ Geoffrey de CalJecote, GiUes de Garnefches, and John de Bry, probably all Frenchmen.
The p!ea now taken up by Brus, is fupported by the opinion of Thomas de Wetland, one of the
French lawyers confulted by Edward. Ford. I. 1 1. c. 8. This lawyer being afked whether Brus
might petition for a third of the kingdom after failing in his petition for the whole, anfwered,
that he might, and ought to obtain the third fought, lb.

\ Queilion put by the king. An regnum Scotiat fit partibile? Et ft idem regnum non fit partibile,
an efaeta et acquifita (Piynne's copy adds ejufdem)fint pa/tibilia ? To which it was unanimoufly
anfwered, quod regnum Scotia non eft partibile, nee efcatte feu acquifita infra regnum Scotia funt
partibilia, ex quo ad /nanus regis ejufdem regni devenerunt,

interval

ENGLAND AND SCOTLAND. 183

interval to examine diligently, with the aid of his council, every one of the ^•"^gnum
proceffes, with their reafons, allegations, and all their circumftances. , '_/

The next and laft meeting for the hearing of this great caule, was held in 1296-
the hall of the caftle, where the petitioners being called upon by a folemn Nov " ' 7 *
and public proclamation, there appeared Eric king of Norway, Florence earl
of Holland, and William de Vefey, by their attornies ; Patrick earl of
March, William de Kos Robert de Pynkeny, Nicholas de Soules, and
Patrick Galithly, in perl" n, w ;o all withdrew their petitions ; and judgment
was of co^rfe given by the king, that they mould obtain nothing by them.
Becaufe John Com\n and Roger de Mandeville had not profecuted their
petitions, the like judgment was given againft them. It was next declareJ,
that Brus fhould obtain nothing by his laft petition ■, becaufe in his firft, he had
acknowledged the kingdom of Scotland to be impartible, which was alio efta-
blifhed by the unanimous judgment of the eftates of both nations. This
decifion with regard to Brus's petition, determined alfo the fate of that of
Haftings. And to conclude all, it being manifeft that the kingdom of Scot-
land was impartible, that the king of England ought to judge according to
rules universally approved and received in both kingdoms •, it being farther
evident, that by the laws and cuftoms of each of thefe kingdoms in an im-
partible hereditary fucceffion, the remoter in degree in the eldeft defcending
line ought to be preferred to the nearer in the fecond line and alfo, becauls
the order of fucceffion reprefented in Baliol's petition was not denied by any
of the other competitors, whence it appeared that his title to the crown was
preferable to that of all the others : it was, for thefe and other reafons which
the proceffes contained, adjudged, that John Baliol fhould recover and have
feifin of the kingdom, with every thing thereto belonging, which, by reafon
of the fovereignty or dominion of the king of England, had fallen into this
king's hands •, laving the right of the king of England and his heirs, when
they chofe to infill upon it. And charge was given to John, to govern his
kingdom and people in fuch manner, that none might have caufe to complain
for defect of juftice, and thereby oblige the king of England to interpole in
quality of luperior lord of Scotland, for the redreis of grievances complained
of in that kingdom. In conclufion, Edward fixed the following ThurfJay for Nor. zr.
Baliol to render fealty to him for the kingdom of Scotland, in whatever
place Edward fhould then be-, and Chrittmas for his doing homage to Edward,
wherever this king fhould then be, refiding within his own kingdom.

Two days after,, orders were iffued to the five guardians of Scotland, to
deliver to John without delay feifin of that kingdom-, and particular Orders
were addreffcd to the keepers of all the caftles * that had been delivered to
Edward to re-deliver thefe to the new king. On the fame day, in the prefence
of John Baliol, now intitled, The ifluftrious King of Scotland, and of many
prelates and nobks of both kingdoms, as well as a great multitude of people
affembled in the hall of Berwick call le, the feal ufed by the regents of Scot-
land fince the time of the late king Alexander's death, was broken into four

* Peter Burdet was then conftable of the caftle of Berwick, and the order, addrefied to him, ia-
pubLilied by Rya.ex, as a fpeciinen of 'he ordeis given to all the reft. Rym. Li. 59.0.

parts,

i* THE BORDER -"HISTORY OF

EJw*rd i. parts, and the pieces thereof depofited in a leathern bag in the treafury of the

king of England, to be preferved as a monument and evidence of the fove-
>a^- xeignty and direct dominion of that monarch over Scotland.

In the manner above related, was conducted and concluded this great
affair, one of the moll important in itfelf and in its confequences, that was
ever tranfacted in the ifland of Great Britain. Edward, not lefs illuftrious in
his character of a legifhtor and judge, than of a general and conqueror, exhi-
bited, in the concluding of this procefs, a fpecimen of that deliberation and
folemnity with which momentous qucftions of right ought to be examined and
tried. Nor doth any thing appear in the face of the proceedings, as ftated in
the full and diftinct record made of them by Edward's direction, that can
afford any juft ground to fufpect him of partiality, or of ufing any undue
influence with the (numerous) judges of this great caufe. The (lory fo long and
confidently told by Scottifh writers, of Bruce refufing to acknowledge Ed-
ward's fuperiority, even for the fake of a crown, and of Baliol's gaining that
monarch's favour, by readily aflenting to what the other refufed, is fully
overthrown by the record, as well as by the teftimony of the Englifh hiftorians.
The iniquity of Edward's conduct confided in his claiming the fovereignty of
Scotland, upon falle and inadequate grounds ; and in the advantage he took
.againft the Scots, torn by factions and deftitti'e of a head, to obtain from them
an acknowledgment of his pretended right. But, admitting his claim to the
fovereignty to be valid, his decifion in favour of Baliol appears to have been
juft, as being agreeable to the rules of fucceffion in other impartible fees
that depended on the crown of England ; which rules, by the confefiion of
the Scottifh delegates, likewife obtained in fimilar cafes in their kingdom*.
Nov. 20. On the day after breaking the feal of the late regency of Scotland, Baliol

j9 ' fwore fealty to Edward in the cafl'e of Norham, in the prefence of many of

ibid. p.6oo. the great men of both nations. Next day hdward gave a commiflion, dated
in the fame caftle, to John de St. John to place Baliol on his royal feat at
Scone, agreeably to the ancient cuftom of Scotland, in the inauguration of
their kings ; in performing which office, St. John, was to reprefent Duncan the
earl of Fife, at that time a minor in Edward's cuftody. {3aliol was accord-
ingly placed on the royal chair at Scone, on St. Andrew's day, and pairing

ifcu. p. 59j. ^ 00n a * ter mto England, paid homage to Edward at-f- Newcaitle upon Tyne,
on the day after Chriitmas.

Ford 1. ii c.u. * Fordun gives us fome traditions abont this affair, which he had probably found among his
countrymen in the follouing century. He fays, that Edward finding the aflize or judges inclining
to give the preference to Bruce, and advifmg concerning the matter with fome of his counle'lors,
Anthony Beck, bifhop of Durham, reminded him of Bruce's great family and connexions in Enpland,
and how formidable lie would be to England, if advanced to the throne of Scotland, whole kings
had formerly been fo troublefome to thole of England. On which Edward replied, far le fan% de
Dieu vous awxlitn efchanti, the matter fhall go otherwife than 1 atfirlt. intended. Fordun alfo rclaies,
that after fentence was giv n for Baliol, the earl of Gloucelter, the nephew of Bius's wife,
taking Btus by the hand, bid the king confidcr what kind of a judgment he had that day given,
:.nd remember that he himfelfihould be judged at the lall day. He adds, that Robert, by command
of the fame earl, immediately retired, and never paid fealty or homage to Baliol. According to an

, , ~, . •• account in Leland's Lolkftanea, John deWarrene, carl of Surrey, father-in-law to John Bsliol, joined

Lei. Col. vol 11. . | , _ . r t-v i • • r r> !•■ i< • i

p _ .„ with Anthony Bee bifhop of Durham, in maintenance of Baliol s title.

■ fieune's Ed. f In the hall of the palace of the king, within the cattle.

Edward

ENGLAND AND SCOTLAND.

185

Edward having, by virtue of his fovereignty, given the Scots a kino-, feems J°hnBiiioi,
to have been fond of embracing every opportunity of making both the f" ° f ScotU " J -
king and people of that nation feel, in its utmoft extent, their fubje&ion to us*.
the power they had recognifed : nothing could contribute more to this purpofe,
than the receiving of appeals from Scotland, in queftion? of law and ri°-hr, to
himfelr' and his courts of England : and, with this view, foon after he had
obtained the recognition of his fovereignty over Scotland, and pofiefiion of
that kingdom, in the preceding year, he iflued from Berwick a mandate to the ^•S' 5k, r s,s *
juftices of his bench, to admit royal writs, prefented or returned before them,
although bearing date within the kingdom of Scotland; not allowing fuch
dates to be juft exceptions againlt them •, becaufe the kingdoms of Eng-
land and Scotland, by virtue of the lbvereign dominion which the kino- now
porTefled over the latter, were conjoined J.

The firft example of an appeal of this kind was given by one Mr. Roo-er
Bertelmeu, a burgtfs of Berwick, who prefented to Edward, a little before he
left that place, (Dec. 7,) a complaint againft the juftices conftituted by the
king for trying caufes in Scotland, while that kingdom remained in Edward's Rvl - p' ac -
poficrflion •, declaring, that in certain fuits againft him, tried before thofe judges, rar1, p " I4S '
their proceedings had been contrary to juftice, and to the cuftoms of both
kingdoms. The king, on receiving this complaint, ordered the records of the
proceedings complained of to be laid before himfelf and his council; that, if
any error appeared, it might be amended, and a right judgment given. This
was accordingly done at Newcaftle, on the Monday before Chriftmas ; when,
'of three judgments given by the judges in Scotland, one was confirmed, ano-
ther reverfed, and the difpjte with regard to the third, terminated by an
agreement between the parties, which the king and his council ratified.

In one of thefe pleas the king thought it right to proceed according to the R ;''P.»5°.
cuftom of Scotland ; and that he might be authentically informed of this, he
called upon fome of the great men of that nation, then attending their kino-
at Newcaftle, who were reputed mod knowing in the laws and cuftoms of their
country, and required them, upon their oaths, to declare, what the law and
cuftom of Scotland was, in the matter in queftion *. The decifion given by
Edward's council, was founded on the teftimony thefe Scotfmen gave con-
cerning the law of their country ; but this appeared a poor compeniation for
the grievance which in this jun&ure they faw begun, of drawing pleas con-
cerning matters of private right or property out of Scotland to be rejudged,
and finally decided in England.

To obviate, if poffible, this evil, the bifhop of St. Andrews and feveral Rym. ib. 596.
others of the council of the Scottifh king did, in their matter's name, petition
Edward, that he would adhere to the promife he had formerly made, of main-

J Quia regna Anglia et Scotite, ratione fuperioris dominii quod in eodsm regno Scotia obtinemus,
benedielo Jltijjimo Junt conjuntla.

• The queftion was. When parties in any caufe had voluntarily fubmitted the matters in queftion
betwixt them to the inqueft of their country in the king's court, and the court allowed this inqueft,
whether judgment ought to be given and carried into execution, agreeably to the verdict of this
ir.queft ; To which the Scots anfwered in the affirmative.

B t> taining

,86 THE BORDER-HISTORY OF

Edwird i. taining the laws and cuftoms of the kingdom of Scotland, and that pleas and
k. ofEngbnd. rom p] a i nts [ n ar) y affairs within that kingdom, fhould not be drawn out of it
i:gt. into England, for decifion. In anfwer to this petition it was declared, on the

part of Edward, in prefence of his council, by Roger le Brabanzon his judi-
ciary, that they could not but be fenfible, that the king of England had in
every article kept the promifes he had made them ; but, with regard to com-
plaints prefented to him of the proceedings of the delegates, having their
commiffions from him, in quality of fovereign lord of Scotland, no other but
himfeif could be intitled to have cognifance of them ; for thefe delegates repre-
fenting his own perlbn, it could alone belong to him to correct, or in any
manner to intermeddle with their judgments. On this occafion Brabanzon
farther protefted, for his mailer, that although, during the late vacancy of the
kingdom of Scotland, he had, concerning certain articles, made promifes that
iuited the time-f, which promifes he had kept; yet now, when that nation
was provided with a king, he did not intend to be thenceforth bound by them,
fo as to be thereby precluded from admitting complaints, regularly brought
before him, from that kingdom, and all other affairs relating to ir, and difpen-
fing juftice in all fuch matters in the beft way-he could ; and to exercife his love-
reign dominion over Scotland, within the kingdom of England, where he thought
fit, and as juftice required. To give the greater weight to this proteftation,
and make the Scottifh king and his nobles fully fenfible of the fubjedion to
which they were reduced, this proteftation was renewed by Brabanzon, before
a meeting held on the laft day of December, in the king of England's cham-
ber, where both kings, and feveral of the great men of each kingdom, were
prefent : and, after the jufticiary had delivered it, the king himfeif repeated
it in equivalent exprefTions in the French language; adding, that if the mat-
ters brought before him from Scotland rendered it neceffary, he would caufe
the king of Scotland to be called to his prefence, within the kingdom of
England.
a.d. U93. To complete the fecurities which Edward thought requifite for eftablifhing
tLym.*ib. 507 anc * clearing his rights in Scotland, he obtained an inftrument in writing, fealed
598. by John Baliol and the great men of Scotland who attended him, in number

eleven, before they left Newcaftle, containing a full acquittance of all con-
ventions, promifes, and obligations, together with the penalties enforcing
them, which he had given to Baliol and the eftates of Scotland, with regard
to the affairs of that kingdom •, a ratification of every thing done by Edward
as fovereign lord of Scotland, while it remained in his hands ; and an ac-
knowledgment of the abfolute nullity of the articles contained in the writings
drawn up at Northampton, on the 28th of Auguft, in the 1 8th year of Edward's
reign, on occafion of the marriage- treaty between Edward's ion and the queen
of Scotland, whofe heir Baliol was: in which articles Edward had made cer-
tain eonceffions concerning the rights, liberties, and cuftoms of Scotland, its
fcparation from England, and independency thereon.

•J- Sufcr cerlis articulis qua/dam fromijjiones feciffet ad tempus.

The

ENGLAND AND SCOTLAND. ,8 r

The fubfequent conduft of Edward towards his great vaflal of Scotland, J°hn Baliol,
was anfwerable to thefe beginnings. The tendency of it was, either to train *' °[ Sc ° tla "' 1 ;
him and his fubjecls to a fervile dependence on England, or to provoke them i»pj.
to revolt ; on which latter event, he flattered himfelf with completing the
conqueft of the whole ifland, by reducing Scotland to the fame ftate with
Wales j and he made no doubt but that, by purfuing fimilar meafures, he
would attain the fame end. In the courfe of this year four different appeals K * m - ,h - 6o $»
were prefentcd to him •, upon all which he iflued fummons to the king of °' '
Scotland to anfwer before him in perfon.

The only one of thefe appeals which appears from records to have been
profecuted, was thac taken by Macduff, lbn of Malcolm, once earl of Fife,
who was diffeifed by the king of Scotland and the firft parliament held
by him, of certain lands, which the king claimed to hold as part of the eftate
of the prefent earl of Fife, a minor, and the king's ward. Macduff had
complained to Edward, when at Berwick, of being unjuftly ejected from the
abovefaid lands by the bifhop of St. Andrews, who was then guardian of the
earldom of Fife, and the king had commanded the guardians of the kingdom
to inquire into the matter, and to do Macduff juftice. By their fentence
Macduff was reftored to the poflefllon of the lands in queflion ; and this having
been done, in conlequence of Edward's interpofing his authority, it is pro-
bable he was the more ready to hear and fupport the plaintiff, whom Baliol,
by the advke of his parliament (held eight days after Candlemas), had not
only difpoffeffed of the abovefaid lands, but committed to prifon, on account
of his violent intrufion into the pofleffion of them. Macduff, however, bein°-
foon reftored to his liberty, employed it in reprefenting his grievances to the
Englifh king, and in feeking redrefs from him as fovereign of Scotland : upon March *j,
which a fummons was lent to Baliol, to appear before Edward, wherever he
fhould be in England, on the morrow of the feaft of Trinity, to anfwer the
allegations of Macduff"; to whom the fame day was afilgned, that the caufe
might be tried and decided according to juftice. This fummons the fheriffof
Northumberland was commanded in perfon to deliver to the king.

In the interval between the date of this fummons and the day of appear- Rjm.ib.p. 655,
ance, there were agents or ambajjadors * of the Scottifh king at the court of
England, lent by him, partly on occalion of another fummons prior to that in
the caufe of Macduff-, and alfo charged with feveral requefts, to be prefented,
in their matter's name, to the king of England. Thefe petitions -j- related to
certain debts and arrears of the kingdom of Scotland, to the reiief which
Edward claimed from Baliol, for the \ lands held by Baliol's mother in Scot-

* Alexander Ealiol chamberlain of Scotland, and Hugh Euer, knights.

■f The account of thefe petitions and anfwers, in French, is placed in Rymer in the following
year. But both the date exprefily fubjoined to them, and the matters they contain, particularly
the affair of Malon, fhew that they belong to this year.

J Thefe mull be the lands of Galloway ; and in the anfwer of the king of England, it is faid, that
it appeared from his rolls, that the relief of the lands of the king of Scotland which belonged to hi*
mother in Scotland, amounted to 3289/. 14/. of which Edward forgave the king of Scotland
3000 /. and was content to be paid the remainder, at the rate of 40 /. per ami. half at Michaelmas,
and half at Ealter.

B b 2 land j

!S8 THE BORDER-HISTORY OF

■ t<wd i. land •, -and to other debts which Baliol himfelf and his father owed to the
k. of F . n^iand. excne q Uer Q f E n gl an d, for their eftates or offices which they had held in that
Ji93- kingdom. With regard to all thefe articles, the anlwers made by Edward

were favourable ; although not granting every thing that was requefted. A
tranfcript of the accompts, that had been delivered at Berwick and Roxburgh,
were alio, on Baliol's defire, ordered to be given to his agents by the treafurer of
England. Another rcqueft of the king of Scotland was, that the debate between
the towns of Haudene and Carham *, with regard to their boundaries, fhould
be terminated by the laws and cuftoms of the marches ; to which the king of
England anfwered, that he underftood this controverfy had been formerly
tried, and the proceedings in it enrolled-, that he would order a fearch of the
rolls, and then inform the king of Scotland of his pleafure. Finally, with
regard to the fummons f on the frit of John Mafon, the king anfwered, that
Mafon was dead, and thereby the action null.

Ry]. F i 15a. In the papers containing an account of the above particulars, no mention is

made of the affair of Macduff; but from the record of the Eafter parliament,
at fome of its meetings after the feaft of Trinity, we learn, that Baliol, did not
obey the fummons. Upon which a new fummons was ordered to be given to
him, to appear before Edward within the fifteen days immediately enfuing the
next Michaelmas. Some alterations and additions were made in the form of the
new fummons; and an order of proceeding was fixed, to be obferved in cafes
of future complaints and appeals to the king of England againft his vaffal of
Scotland. Thefe regulations, which feem to be drawn up in the higheft ftrain
of the authority of the fuperior, according to the feudal fyftem, were full of
rigour with regard to Baliol •, while they gave all manner of encouragement
and protection to his fubjecls, in their complaints of wrongs done them by
their king or his courts.

Sri. p. 157. -At the Englifh parliament after Michaelmas, the king of Scotland was

prefent, as alfo Macduff, the plaintiff againft him. Baliol acknowledged, that
Edward's fummons had been delivered to him at Sterling, by the fheriff of
Northumberland; and at the fame time profeffed his readinefs, at all times, to
receive the brieves and mandates of Edward as his fovereign lord ; but de-
clared, that as king of Scotland, he neither dared J, nor could give anfwer in
the cafe of Macduff, nor in any other that concerned his kingdom, without
the advice of the eftates. Time was offered him to confider more maturely
of his anfwer ; but he refufed the offer, and exprefied his determination to

* In Rymer it is Barham ; an error not to be corrected but by one who knows the country.
Haudene is on the Scottifh border; Carham on the Englifh. There is JIM a common remaining
undivided dettvixi thefe places.
Sjtojp. 605. ^ From the tenor or this fummon?, dated March 8, it appears, that John Mafon was a merchant

of Gafcony ; who having furnifhed Alexander late king of Scotland with certain quantities of corn
and wine, amounting in value to 2197/. 8j the king affigned to him the cuiloms of Berwick
for payment of the debt. Mafon had begged the prefent king of Scotland to be heard in fupport
of his claim, in prefence of the executors o( king Alexander, offering to prove his right to thefum
mentioned by letters and other fufficient documents, but his requelt was rejected; on which ac-
count he fought redrefs by appealing to Edward.

1 Quodde aliquo regaum J'uum ccntingenti, nan eji au/us nee potefi hie refpondere, inconfultis probis
homimbus regni fni.

adhere

ENGLAND AND SCOTLAND.

189

adhere to what he had faid. Edward then advifing with his council, it was J ohn b* 1 ' '.

agreed, that the king of Scotland remained without defence againft Macduff, ' ^LL/

who fhould therefore recover damages for his imprifonment; and, upon due 1293.

inquiry, according to the cuftom of the country, fhould have juftice done him

in the reft of his plea. And with regard to the diibbedience and contempt of

the king of Scotland, becaufe that prince was tempted to fuch prefumptuous

behaviour by the power belonging to his royal eftate •, and it was confonant to

juftice, that any perfon fhould be punifhed in that which gave him boldnefs

to offend ; it was decreed, That the three principal caftles of the kingdom of

Scotland fhould be leized into the king's hands, with the towns where the

caftles lay, and the royal jurifdiction in them; and be detained, until Baliol

fhould make fatisfa&ion to Edward for his contempt and difobedience. But

before this judgment was pronounced, Baliol prefented to Edward a fupplica-

tion -, firft in words, and afterwards in writing, ' profefling himfelf Edward's

' vaffal for the kingdom of Scotland, and intreating a delay, until he fhould

* confulc his eftates about what concerned them, no lefs than himfelf; efpecially

* as his Scottilh fubjects, who now attended him, refufed to give him advice,

* without confulting with their countrymen at home; promifing, That after

* having thus advifed, he would anfwer Edward at his firft parliament after

* Eafter, and perform to him what he owed.' This requeft Edward granted,
of his fpecial grace, at the inftance of the nobles and great men of his council,
and with Macduff's confent ; and the morrow of the feaft of Trinity was ap-
pointed as a new day for proceeding in the caufe*.

Before the end of this year, Edward received from the French king, Philip
the Fair, a treatment refembling that which he had been giving to the king of
Scotland: for quarrels having, from fmall beginnings, grown to a great height
between the feafaring-menof the Cinque Ports, and thofe of Normandy, a fleet
belonging to the former, affifted by fome fhips of Bayonne, partly took, and
partly deftroyed, in the preceding fummer, a great fleet of the Normans.
Philip accufed Edward of inftigating and fupporting his fubjects in thofe vio-
lent courfes •, and Edward not confenting to make the reftitutions, or fatisfac-

* Edward, to compenfate in fome manner his rigorous treatment of Baliol, in the affair of Mac-
duff, feems to have been fufficiently ready to do him juftice, with regard to the lands he claimed
in England, as heir to Alexander late king of Scotland. For by the return of an inqueft, made to
the parliament after laft Eafter, it was found, that Alexander, at his death, flood poiTeffed of the
lands of Tindale, Penrith, and Sowerby ; and Baliol havingproduced, at this Michaelmas parliament,
the charier whereby Henry 111. of England had granted to Alexander IF. of Scotland, and his heir' ,
fovereigns of that kingdom, the lands of Penrith and Sowerby, he was, on the Friday before All-
Saints, admitted to do homage for all the lands mentioned, and alfo for his flnre of the honour of
Huntingdon; and Sir Patrick Graham, having fworn fealty to Edward, on the foul of his miller,
orders were iffued to give Baliol feifin of all thofe lands. N. B. No mention is made of any inqui-
fition into Baliol's right to a propars, or (hare of the honour of Huntingdon, (although it feems to
be faid, that it belonged to him as king of Scotland, ttiam pro propane Jua honoris de Huntingdon
ip/um regent Scotite contingenti. Ryl. p. 165), nor of any ground of this claim. John de Haftings
put in a claim before the king and his council, ar the Eafter parliament, for his proportional part of
rhe lands of Tindale, Sowerby, and Penrith, as being one of the heirs of the late king of Scotland.
Upon which both parties were ordered to fet forth the grounds of their claims before Edward's chan-
cellor and judges. The king of Scotland's meirengerj and agents made their appearance as required,
but Haftings dropt his fait. Ryl. p. 160.

tion

Edward I.
K. of England.

"93-

A. D. i»94.

Mat. Weftm.
p. 421.
Herr.ingf. p. 43.

Rym. ib. 631.
April SU.

Rymer, ib. 636,

Fym, ib.
643. 644.

642,

THE BORDER- HISTOR Y OF

tion that Philip demanded, matters came at length to fiich extremity, that
Philip iflued his Summons to Edward, as his valTal for Aquitaine, to appear
before him in his court of peers, on the twentieth day after the enfuing Chrift-
mas, to anfwer for his iniquitous proceedings. An attempt to heal this ftrife,
by the interpofition of Edmund earl of Lancafter, whole wife the queen of
Navarre was mother of king Philip's queen, did, in the ifiue, render it more vio-
lent. Edward having refigned into Philip's hands the province of Aquitaine,
that it might be reftored to him by a feoffment on new conditions, according
to an agreement concluded by Edmund's mediation, Philip pretended, thac
his council" would not confent to the reftitution •, and Edward thus found him-
felf reduced to a neceffity of engaging in a war, for recovering his dominions
in France.

To his parliament-, which met after Whitfunday, he explained the wrongs
he had received from Philip •, and, with the confent of all, an expedition was
decreed for the recovery of Gafcogny. John king of Scotland was prefent at
this parliament ; and is faid, for his fnare of the expences of the war, to have
granted to Edward the rents of all his eftates in England for three years. Per-
haps this concefiion rendered Edward more favourable to John, in regard to
the appeals taken againft him. To thefe appeals there had been lately added
a new one, of more confequence than any of the others, by the bilhop of Dur-
ham ; who, claiming the towns of Berwick * and Haddington, with their
appendages, as belonging to his church of Durham, had, in vain, fought for
juftice, in the court of the Scottifh king. Of this denial of juftice the bilhop
complained to the king of England ; who iflued a fummons, to be delivered
to Baliol, by the fheriff of Northumberland, requiring him to appear before
his fovereign, to anfwer the bifhop's complaint, on the day after Midfummer.
But we have no account of any farther proceedings in this caufe.

It is probable, that the difficult ftate of Edward's affairs in France, and his
preparations for an expedition thither, occupied all his thoughts, and difpofed
him to a more gentle treatment of the king of Scotland and his fubjects. Yet
he ceafed not to exercife his fovereignty over them, in matters refpefting his
war with France : for having, in the beginning of June, laid a ftricvt embargo
on all the fhips in the Englifh ports, he required Baliol, upon his fealty, to do
the like in Scotland. And having fixed the firft of September for the day of a
general rendezvous of his military tenants at Portfmouth, for an expedition
into Gafcogny, hefummoned the king of Scotland to fend thither fome part of his
vajfals. He alfo fummoned feveral of the chief nobles of Scotland •, both fuch
as had eftates in England, and fuch as had not, to give him their attendance f ;
not requiring the prefence of the latter, upon their fealty and homage, but
rather afking it as a favour ; and particularly declaring, that their perfonal pre-
fence would be more agreeable to him, although with a fmaller company of

* Probably the bifhop's claim to Berwick was founded on the ancient donation of that town,
made to St. Cuthbert's fee, by king Edgar.

+ Among thefe were, Robert Bius lord of Annandale, John de Comyn earl of Buchan, Patrick de
Dunbar earl of March : there were fix other earls ; alfo James Steward of Scotland, and eleven
confiderable barons. Rym. ib. 643, 644.

6 their

ENGLAND AND SCOTLAND.

their men, than a greater number of thefe, if they themfelves were abfent. But,
inftead of the defired attendance, both the king and his nobles fent excufes.

So far were the Scots from aiding Edward againft France, that they fondly
embraced the opportunity offered them by the breach between France and
England, to feck the aid of the former againft the ufurpation and oppreffions
of Edward. They were farther encouraged in this project by a very trouble-
some rebellion of the Welch againlt Edward •, which required the prefence of
that monarch in perfon, for many months, to qualh it, and to fettle the coun-
try in peace. Baliol had confiderable polTeffions in Normandy, which con-
nected him with the French king; but he had alio large eftates in England,
had long lived there as F-d ward's fubje<ft, and knew well his greatnefs ; whence
it is probable, that, although provoked by Edward's tyrannical proceedings,
he would much dread the confequences of an open defection from him. The
knowledge of thefe circumftances, not to mention the weaknefs of underftand-
ing imputed to him, would naturally hinder his Scottilh fubjects from placing
any confidence in him, in conducting a quarrel with England. And hence the
account feems not improbable, which is given by feveral of the Englifti annal-
ifts, That a parliament at Scone, having refolved to throw off the Englifti
yoke, elected, out of their own number, a council of twelve •, confiding of four
biftiops, four peers, and as many barons, in imitation of the twelve peers of
France, by whom their king fhould be directed in all public affairs ; and to
free both king and people from the bond of fealty which they had (worn to
Edward *, an abfolution from that oath was folicited, and obtained, from Pope
Celeftine.

While Edward was yet in Wales f, the bifljops of St. Andrews and Bunkeld,
with John de Soules, and Enguerrand de Unframville, knights, were commif-
fioned to go over to France, to negociate and conclude the projected treaty
with the French king, which was ratified at Paris in the following month of
October. By this treaty a marriage was agreed, and its conditions fettled,
between Edward the eldeft fon of John Baliol, and the declared heir of his
kingdom and eftates, and Joan daughter of Charles of Valois, the king of
France's brother. The king of Scotland engaged to afiitt the king of France
with all his power by land and fea, in the courfe of the prefent war be-
tween France and England -, and particularly, if the king of England fhould,
in perfon, go forth from his own country, carrying with him a conliderable
body of his forces, the king of Scotland, on that event, fhould, with his
whole forces, carry war into England, as far and wide as he could. On the
other hand, Philip engaged, that, in cafe of an invafion of Scotland, by the
united forces of England, after a war begun, at Philip's requeft, or on occa-
(ion of the affinity, or confederacy, now concluded, he would either find em-
ployment for the king of England eliewhere, by attacking forne of his domi-

• It is remarkable, that the Scots, in defending their conduct to Pope Boniface in 1301. make
no mention of this abfolution of Cekftine; and feem to think it a fufficient defence of Baliol and
his fubjefts, for their breach of faith to Edward, that their oaths were extorted by force.

t Edward returned from Wales in the end of July 1295, having been there from the beginning
of the preceding winter.

*9»

John Baliol,
K. of Scotland.

1294.
Hemmingf. i.
75-

A. D, 12951

Weftm.

Hemingf.

Triv.

Walfing.

Knighton.

Hem, i. 83.

J«'y Si

Rym. vol. 11.
p. 695 — 69S.
For,', l.l 1, c. IC .

»7-

And. Di,.!,

nions

192

K. ol England.
>»95-

Rym. ib. 69a.
Oaobcr.

Prynne, Jii.537.

Prynne, iii.540,

Hem. i| 83, 84

THE BORDER- HISTORY OF

nionsj or fend a competent aid of forces into Scotland, and maintain them at
his own expence, until they fhould arrive there. It was alio agreed, that nei-
ther of the contracting parties was to conclude peace or truce, without includ-
ing his ally.

Although Edward muft have, long before this time, been fufficiently irri-
tated by the behaviour of Baliol and his fubjefts, yet his defire of employing
his whole force, for recovering his French dominions, made him averle to en-
ter into a war with the Scots. And as they were ftill giving fair words, not-
withstanding their fecret counfels and preparations, of which Edward could not
be ignorant, he made a propofal, That, for the fecurity of himfelf and his king-
dom, the king of Scotland fhould deliver to him the caftles and towns of Ber-
wick, Roxburgh, and Jedburgh, to remain in his poffeffion, while his prefent
war with the French king continued •, binding himfelf and his heirs to reftore
them at the end of the war ; and that the prefent furrender of them fhould be
no prejudice to Baliol or his heirs*.

Edward holding a parliament at St. Edmundfbury after Martinmas, the
abbot of Aberbrothick, with fome Scottifh nobles, came thither with letters
from their king, containing excufes for his abfence from fome former parlia-
ments. Thefe envoys alfo complained, in their matter's name, of many and
grievous injuries daily done to himfelf, and his fubjecls, by the fubjefts of
Edward ; and defired that monarch to apply a proper remedy to thefe mifchiefs.
The anfwer given by Edward was, That he intended a progrefs to the
northern parts of his kingdom, and would there take fuch order, with regard
to all offences committed by his fubjects againft the Scots, as fhould give full
latisfadion to the king of Scotland : that he now granted a prolongation of
the day afiigned by his juftices to that king, for anfwering in the affair of
Macduff, until the firft of the enfuing March, at Newcaftle upon Tyne-, on
which day he enjoined the abbot, and his fellow-envoys, to warn their king
to be prefent in perfon at that place, to treat with Edward on the matters
before-mentioned, and others that pertained to the ftate and tranquillity of each
kingdom.

This fummons was renewed by the abbots of the new monaftery, and of
Welbeck, who were fent on this purpofe from Edward to the king of Scot-
land, and did alfo in vain renew the demand of the caftles, on the terms
already recited. With the like contempt was treated a requeft from Edward,
that the Scots would not admit into their ports, his enemies of France or Flan-
ders. While matters were thus tending to an open rupture, the garrifon of
Berwick, confifting of the military tenants and fighting men of Fife, who,
by reafon of the minority of their earl, were then under the king's immediate
command, attacked certain Englifh veffels that had entered the port, letting
fire to the fhips, and giving no quarter to thofe on board. This, added to
former provocations, made it evident, that the force of Edward's arms was the
only means of maintaining that fovereignty, which his policy, and the dread of
his greatnefs, had acquired.

Such an engagement was given to the bifhop of Carlifle, to be delivered by the bifliop to the

. nf C/./\fT-.r.*1 if fKat l/inn h?A r-r\n(t»r\tni\ tf\ n\\Jf nn theft* r\lnrPC_

Other

king of Scotland, if that king had confented to give up thefe places

ENGLAND AND SCOTLAND. 193

Other preludes to an open war were, Edward's feizing all the lands poffeiVed JohpMM,
in England by Baliol, or by any of thofe Scotchmen who had entered into the *" '.

projecl of calling off the En»l]fh yoke ; while, on the other hand, all Englifh- 1=95.

men were driven out of Scotland ; the lands they pofTeffed there, taken from Hem ' ,b "
them •, and the eftatcs of thole Scotchmen alio forfeited, who, from the fear
of lofing their poffeffions in England, or other confides ations, refilled to join
their countrymen in the ftrife for liberty.

Edward kept his day at Newcaftle, accompanied by his nobles, and an army a. d. i; 9 6.
of 30,000 foot, and 4000 men at arms * ; befides the little army of the bifhop of
Durham's, confiding of lOoofoot, and 500 horfe. After fummoning in vain
the king of Scotland, and waiting fome days for his appearing, he advanced to
Bamburgh, where he alfo made fome day, and probably repeated the lum-
mons -f-. He feems to have been there, when he received intelligence, that Hem. i. % s .
Robert de Ros, lord of Wark, had abandoned his cadle, and gone over to f " y « h 7' "'*
the Scots •, the violence of his paflion for a Scotch lady, whom he fought in 24S0!
marriage, proving too drong for his bond of duty to his king and country.
His brother William, whom he endeavoured in vain to make a partner of his
treachery, continued in the cadle •, and fent a mefiage to the king, then at
Newcadle, requeding a fpeedy aid ; led the Scots, prompted and conducted
by his brother, mould make themfelves maders of the place. The king im-
mediately ordered a thoufand men to march towards Wark ; who having
reached, in the evening, a little town in its neighbourhood, called Predfen,
took up their quarters there for the night, not dreading any hazard. But the
traitor, Robert Ros, having intelligence of their fituation, led a party of Scots
from the garrifon of Roxburgh ; who having inveded the village, and agreed
on proper fignals to didinguifh each other in the dark from the Englijh, fet fire
to the houfes ; and the Englifh, flying from the flames, were flain by their
enemies, and fome of them by each other. A few, who made their way into
the fields, were taken, and carried prifoners to Roxburgh-cadle. The leader of
the party efcaped, having lod his horfes and arms.

Edward having intelligence of this difader the morning after it happened,
is faid to have given thanks to God, that his adverfaries, having entered his
kingdom, had been the beginners of a war, which he hoped to conclude hap-
pily. He immediately marched with his whole army toWark ; but Eader being
jud at hand, he would not pafs the boundary of his kingdom, until that fedi-
val was over •, and therefore kept it in the cadle of Wark. While he tarried
there, he was joined by the elder and younger Robert Brus, by Patrick earl Hem.i. 10*.

* Gens d'Arma, or heavy armed horfemen.

t Edward, in his famous letter of vindication to Pope Boniface in 1301, fays, That for the fecu-
rity of his kingdom, he came to the border between England and Scotland, and feveral times fum-
moned John, then king of Scotland, to come to him at certain place?, on the faid border, that he
might give proper fecurity for preferving the Hate, tranquillity, and peace of both kingdoms ; and
might alfo hear the pleafure of the king and his council, and receive jultice at their hands : " quod
*' ad certa loca in confinio praedifto ad nos accederet fuper praemiffis et aliis, pro flatus tranquillitate
" et pace utriufque regni aflecurationem fa&urus, et alia per nos et concilium noflrum fibi expcdi-
" enda auditurus, et fuper his etea contingentibus juftitiam recepturus." Rym. ii, 887.

C c of

Hem. i. 89.

194 THE BORDER-HISTORY OF

K Ed fE" d ii'n<j °f March and " Dunbar, and by Gilbert Umfranville earl of Angus, who all re-

v_ ^ ,' newed to him their engagements of fealty and obedience.

i*9 6 - The chieftains and fighting men of Scotland were, in great numbers and

Hem. i.*7. different bodies *, affembled near the borders, for defence of their country;

Lei. coll. i. 540. but inftead of facing Edward's main army, they endeavoured to embarrafs him,
and oblige him to divide his forces, by entering England over the weftern
march. This they did, with a numerous army, led by feven Scottifh earls,
on Eafter-Monday, while Edward was yet at Wark. i Having wafted the coun-
try, in their way to Carlifle, they burnt the fuburbs, and attempted to ftorm
that city ; but the inhabitants made fo ftout a refiftance, even the women
mounting the walls, to throw ftones and pour hot water on the aflailants, that
they abandoned their enterprile, and fpeedily returned to their own country.

This inroad of the Scots leemeth not to have in the leaft difturbed Edward
in profecuting the plan he had formed. On the Wedneiday after Eafter, he
entered Scotland with his main army, by fording the river Tweed, below the
nunnery at Coldlkeam ; and though the river was confiderably fwelled, yet all
paflld in fafety, except a fingle boy, who, falling from his horfe, was carried
down the ftream and drowned. On the fame day, the bifhop of Durham led his
men over the river, at a ford near his cattle of Norham ; and the whole army
marching along the Scottifh fide of the river, came before Berwick. The
king fummoned the townimen and garrilbn to furrender, offered them condi-
tions of peace, and waited for their acceptance of thefe the remainder of that
day, and all the day following. But his offers being rejected, he moved his

Hem. ;. 90. camp, and fixed his quarters in the -f nunnery, fituated in the fields of Ber-
wick, at the diltance of about a mile from the town.

In the forenoon of the following day, Edward drew up his army on an
extenfive field adjoining to the nunnery, and gently Hoping towards the river
and town J •, and, with the ufual ceremonies, publickly conferred the honour

* Seed — congregati, per turmas fuas ffarfim jeparali. Hem,

Edward s letter, above quoted, alio mentions Tome hired foreigners whom the Scots had in their
army, ac etiam alia exterii tonduftiliis. Rym. ii. 887.

f Trivet and Wallingham copying him, very abfurdly take this nunnery for that at Cold-
stream.

% The circumftance mentioned by Hemingford, of the king's moving his camp, after the condi-
tions he offered were rejected, agrees with Fordun's account of the king's removing his tents, after
encamping for fome time about (circa) the town ; that is, near the wall and ditch on its weft and
north fide; for the natural fite of the town did not admit of its being inverted. Fordun farther
relates, That Edward brought back his army, furnifhed with banners and colours, refembling thofe
of the Scots; and, according to another Scottifh writer, fome of Robert Brus's men had been lent
from the Englifh army into the town to promote the deceit, by pretending that they were come to
give advertilement of a great aid that was fent from Baliol their king, and was following them at
a fmall diftance. And foon after, Edward's army appearing with the well-known enfigns of
Scotchmen, thofe in the town opened their gates, and many went forth to meet them ; and thus
the Englifh poured into the town, and maffacred all in their way, without diftinftion (fay the Scot-
tifh writers) of age or fex. Perhaps the Englifh authors have thought it more for their king's honour
to conceal this llratagem ; but the circunvftances which they relate, compared with the fituation of
the town, and its environs of land and water, give fome degree of probability to Fordun's account.
The mufler of Edward's army was on the declivity, and hanging ground, at the foot of the ealt
end of Halidown Hill, in full view of Berwick cattle, and of the adjacent high parts of the town.

1 Early

ENGLAND AND SCOTLAND.

»95

of knighthood on Henry Percy and many others. This mufter of the army, J ohn Bl,io ^
and difplay of many banners, being made in full view of a fleet of Edward's ^ .v _ "
fhips, then lying in the road before the river's mouth, the men on board be- "9 s
lieved that the king was preparing inftantly to affault the town. Ambitious
of having a part in this enterprife, and favoured in their attempt by the fet-
ing in of the tide, they boldly entered the river's mouth, and failed towards
the haven. Three of them ran a-ground •, and being fiercely attacked by the
garrifon, the crews were partly killed, and partly efcaped in boats, or by Tri " r . » o1 - «»■
fwimming; but the fhips were burned, and the relt of the fleet were glad to f ' % 9 '
retire by the afiiftance of the ebbing tide.

The whole progrefs of this enterprife, and efpecially the flames and fmoke Hem. ;. 9 o.
of the burning fhips, were clearly i'een from the field on which the kino had
drawn up his army. Edward was defirous to afllit and iave his fleet; and the
opportunity favouring an affault on the land-fide, while the attention and
efforts of the defenders of the place were employed on the fide next the river
and fea, he ordered his army immediately to march up to the town, and force
their way into it. The defence of the town confifted, at that time, only of a
ditch and barricade of boards. Through thefe the Englilh army made their March 3 oth.
entrance with very little difficulty, and the garrifon and inhabitants attonifhed ^ r a he F i 1 " dri '
with the fuddennefs of the event, and overwhelmed with fuperior numbers, have received
were fhu°htered without refiflance. The only oppofition that was made, was this J pUce L on

i i • T-» i • i iiii n condition that

by thirty rlandnan merchants, who held out a ftrong tower, called the Red they &ouM con-
Hall (a), till the evening ; when fire being fet to it, the building was confumed, JJSi tie king
and thole within it. In the attack of this tower was flain a valiant knio-ht (£), of England.
brother of the earl of Cornwall; a lance being pufhed through his eye into his i™*^' Trivet"
head, as he was raifing it up towards thofe who fought from above. In this the only knight

Early in the morning, or in the night before, Edward might, unobferved from the town or cattle,
detach a great part of his army over the hill towards Scotland, which marching on the north of the
hill, towards the fea, might make a turn, and come along the tops of the fea-banks to the town ;
in w hich way of approach a great part of their progrefs could not be feen from the place w here the
Englilh army was drawn up ; and might be readily fuppofed by the garrifon not to have been noticed
by that army, while taken up with their mufter, and thus the delufion arifmg from the appearance
of the Scottilh er.figns might be confirmed. But fuppofing this circumftance to be a ficlion, it would
feem, that the celt account that can be given of Edward's moving his camp (in relating which, For-
dun and Hemingford agree), and of all that followed, was, That Edward removed his army to the
neighbourhood of the nunnery, in order to his fending from thence a detachment over the hill, unob-
ferved by thofe in town, which detachment might approach it in the way already mentioned ; and
that to favour this approach, by carrying the whole attention of the people in the town and caftle
towards different objects, he made the mufter of his army on the fide of Halidon-hill; and perhaps,
at the fame time, gave orders to his fhips, to enter the mouth of the river.

Fordun gives fome monkifh verfes, defcribing the flmagem by which Berwick was taken.

Hie villa; turmas caute ftatuit perimendas

Cujuldam fraude, qui fempererit fine laude.

Vexillum cujus cives decepit et hujus

Nomen filetur comitis, ne fraus iteretur.

Cives bellando fie vicit marte nefando.

M femel etbis Cnovies Xfex fimul adde

Villa fuperTuedam, Berwicum nomine, prasdam

Anglis inimica dedit, heul male fraude fubacia.

Hoc in Aprilias quarto die efTe Kalendas.

C c 2 general

who was loll in

this aflault.

196 THE BORDER-HISTORY OF

K^E^V'd general carnage, above eight thoufand are faid to have been killed * •, among
. ' ° "° " '< whom were all the gentry and fighting men of Fire. On the fame day the
1196. cattle was furrendered by its captain, William Douglas ; and the king flept in
it on the enfuing night. The garrifon of the caftle confifted of two hundred
Fo'rdun. ' men, to whom Edward granted their lives, limbs, and eftates ; and allowed

them to depart, with their arms, after fwearing that they would never thence-
forth wield them againft the king and kingdom of England ; but Douglas was
kept a prifoner in the caftle, until the conclufion of the prefent war.
Htm. ;. gr, ju. All the males belonging to the town being flain, the women were, fome days
after, fent into Scotland. The king continued j fifteen days in the town ; and
in order to fortify it againft future affaults from the fide of Scotland, caufed a
vaft ditch to be dug through the neck of land between the fea and Tweed,
Rymer, »oi. n. eighty feet broad, and forty feet deep. On the 5th of April there came to
p-707- Edward at Berwick, fent from the king of Scotland, Adam Blount, guardian

of the friar minors at Roxburgh, with three of his monks attending him, and
delivered to Edward the renunciation, or reddition of the homage of Baliol
their king. The inftrument of this renunciation, which Edward ordered to
be regiftered \ in the rolls of his chancery, bears, That Edward and others of
his kingdom had committed many and grievous wrongs and outrages againft
Baliol himfelf, and his fubjedls ; that Edward had mod unreafonably vexed
him, by citing him on the frivolous fuggeftion of any plaintiff, to appear

* Fordun calls them feven thoufand five hundred, as does alfo Winton. Fordun adds, That the
ftreets ran with blood two days ; and in fuch quantity, as fufficed to make mills go. Ford. 1 . II.
zo. Boethius calls them about feven thoufand ; and fays that mills were actually fet a going with
their blood. Matthew Weftminfter fays, That all were flain without diltinclion of fex, except a
few, who afterwards abjured the town ; and that the number of flain was faid to be fixty thoufand.
Weltm. ad Ann. p. 427. For fo fmall a place, eight thoufand was a great number. Knighton makes
the number of flain feventeen thoufand four hundred and feven, p. 2480.

In the inftrudlions of the regency and council of Scotland to their procurators at Rome in 1301,
five years after this event, it is faid, That after taking the then noble town of Berwick, the king and
his army committed the mod barbarous cruelties on the inhabitants; who, to the number of almoft
eight thoufand perfons, were flain without diftinttion of character, fex, or age. The churches
afforded no protection to thofe who fled into them ; and after being defiled by the blood of the flain,
and fpoiled of all their ornaments, it was molt notorious, that the king and his followers made Rabies
of them for their horfes. Ford. 1. 11. c. 54, 55.

This carnage may be afcribed to refentment of the cruelties committed laft year by thofe of Ber-
wick on the Englifh failors and merchants, and alfo to a view of ftriking terror into the Scots
for the fake of preventing future refiftance. It was alfo the cuftom of war in thofe days, to commit
fuch deftruflion in ftorming towns.

f Probably xv. in Hemingford is a wrong reading for xxv. ; for the king was at Berwick on
the 24th of April, as appears from two papers in Rym. p. 708, 7C9, bearing date there on that day.
Thefe papers notify Edward's confent to a ceifation of arms with France until the enfuing Chriftmas,
if the king of France mould alfo agree to it ; in order to pave the way for treating of a truce, which
the bilhop of Albano, a cardinal, had come from the Pope to folicit, and hid followed the king to
Berwick on that errand. It is probable, that the king's (lay at Berwick was protracled by his recep-
tion of this cardinal, and negotiation with him. Several other papers relating to this truce, are dated
at Roxburgh, on the 12th and 14th of May. Rym. p. 709 — 713.

\ This letter is (bid, in the record thereof publifhed by Rymer, to have been compared and
copied on the 26th of April, in the houfe of the Carmelite friars at Berwick, in prefence of John
Langton, the King's chancellor, William Hamilton, archdeacon of York, and Robert Galbi, a no-
lary public. The letter hath no date ; a circumltance noticed by Hemingford.

before

ENGLAND AND SCOTLAND.

197

before him, out of his own kingdom ; that he had iniquitoufly feized caftles, JohnBaiioi.
lands, and poffeffions belonging to the king of Scotland and his fubjects, , K - ofScc "'" " i :
within the kingdom of England; that he had forcibly taken, or protected 1*96.
thofe who had taken their goods, both by land and fea •, had killed merchants,
and other inhabitants of Scotland ; violently carried away Scottifh fubjefts into
England, and detained and impriibned them there; that the king of Scotland
had often in vain demanded the redrefs of thefe injuries ; which Edward was
fo far from granting, that he had now, with a vaft army, come to the Scottifh
frontiers, to expel himfelf and his fubjecls from their inheritances; and having
actually entered Scotland, had, by land and fea, perpetrated the mod cruel
hoftile deeds ; all which Baliol being no longer able to bear, and refolvino nor.
to remain in that fealty and homage, which had been extorted from him by
violent oppreffion, but openly to oppofe himfelf to Edward, in defence of
himfelf and his kingdom, he returned* by the prefent letters the fealty and ho-
mage performed by himfelf, or by any of his liege fubjects, on account of the
lands they held of Edward in England, or of any other engagement that bound
them to him.

The Scottifh army that invaded England in Eafter week, after returning to
their own country, marched along the border to Jedburgh; which was more em,l, 'J*
than half of the way from Carlifle to Berwick. But not thinking it prudent
to hazard a battle with Edward, by approaching nearer ; and ftill hoping to
divide his forces, by obliging him to fend part of them to proteft his own
dominions, they made a new invafion from the caftle of Jedburgh into the April 8th.
country, on the other fide of the mountains ; where, after befieging the caftle
of Harbottle two days, they were obliged to leave it, with the lofs of fome of
their men. They advanced thence into Redefdale and Tindale, burning and
laying wafte the country in their way, and committing horrid cruelties on the
wretched inhabitants 7. They deftroyed Corbrigg, burned the town, mona-
ftery, and church of Hexham, alfo the nunnery of Lameflay ; and had ad-
vanced to Lanercoft in Cumberland, when, being alarmed with a report of the
approach of the king of England's army, they returned to their own country,
through the foreft of Nicolai, on the fixth day from their fetting out, carrying
off wich them a great quantity of booty.

All this while Patrick earl of Dunbar J, was attending and ferving Edward H em. i. 94, 0-,
with a great body of his vaffals. But his countefs, who refided in the caftle 9«-
of Dunbar, improved the opportunity of her hufband's abfence, to gratify

• The returning of homage, by the perfon that owed it, arofe from the feudal idea, that the de-
pendence into which the fuperior received his vaffal, was a favour and gift that the former confer-
red on the latter.

i Edward's letter to Boniface in 1301, defcribes thefe cruelties, probably with fome exaggera-
tion ; he fay?, The Scots inhumanly deftroyed an innumerable multitude of his fubjefts, burnt mo-
naileries, churches, and towns, with an unpitying and favage cruelty ; flew infants in their cradles,
and women in child-bed, barbaroufly cut off fome women's breafb, and burnt in a fchool, whofe
doors they firlt built up, about two hundred young clerks, who were learning their firfl letters and
grammar, Rym. ii. 887.

X Cum Comes Patricius, qui vulgariter dieitur Counte de la Marche, patenter fdeliterque Reg! nojlre
0;litarit. Hem.

This earl of Dunbar was called Patrick ixitb the Blaek Beard. Lei. i. 540.

2 her

198

Edward I.
K. of England.

1296.

April 27th,
riiday.

THE BORDER- HISTORY OF

her own paffion for her country and abhorrence of the Englifh yoke, by
making an offer of delivering up the caftle to the leaders of the Scottiih army
on the borders. This was fo important an acquisition, that the three earls of
Rofs, Athol, and Monteith, with four barons, and a felec~t number of knights
and gentlemen, were fent to accept of the offer ; who expelled thofe who held
the place for the king of England, not without the (laughter of fome of
them *. Edward, on receiving intelligence of this event, immediately dif-
patched the earl of Warrenne with a great body of his beft troops to lay Siege
to the caftle; and the garrifon being foon reduced to ftraits, obtained a ceSSation
from hoftilities for three days, in order to their fending a meffenger to their
king to inform him of their Situation, and to receive his orders about terms of
capitulation. But the place and perfons within it were of fo much confe-
quence, that Baliol refolved to hazard a battle for its relief. The Scottiih
army is laid to have confifted of 40,000 foot and 1 500 horfe •, and were pro-
bably encouraged to give the Englifh battle by the great Superiority of their
numbers. As foon as they appeared defcending in martial array over the hill
againft Dunbar, which was on the third day after the meffage v/as fent to
Baliol, Warrenne, notwithstanding his greatly inferior numbers, having left
the Servants of the great men of his army mixed with fome Soldiers to block
up the place, advanced with the reft of his forces to meet the Scots. The
E.nglifh, in deScending towards a valley and marching over it, being obliged to
break their ranks, their enemies imagining they were flying, exprefled their
exultation by a hideous noiSe of blowing their horns and howling. But when
the Englifh emerged from the hollow, and advanced up to them in good order,
all this noiSe was turned into Silence, and in the fharp conflict: that followed, the
Scots were foon broken -f.. The Englifh purfued their Scattered Soes the Space
of Seven or eight leagues, almoft to the foreft of Selkirk, and Slew in the
purfuit about 10,000. Next day, Edward came in perSon before the caftle J,
and it was Surrendered to his mercy. Befides the three earls abovementioned,
there were taken in it four of the rank of barons, thirty-one knights, and an
hundred efquires, alSo two clerks § •, who were all committed to cloSe im-
prisonment in different caftles of England.

The

* Mat. Weftminifler, p. 427. fays, that the Scottiih army, on their return from England,
with the lord Robert Ketingham, whom the king of France had that year knighted, laid fie»e to
the caftle of Patrick earl of Dunbar, which the garrifon treacheroufly furrendered on St. George's
Eve, i.e. 2 2d of April.
Kerning, i. Ai. t Sir Patrick Graham, a noble and renowned knight, difdaining to fly, fought till he was (lain.

Fordun fayr, it was believed, that the earls of Athol and Mar, who were always of the party of
Robert Brus, abandoned the field on purpofe to give the victory to Edivard ; hoping that he would
conquer the kingdom for their triend Brus. Ford. 1. 1 1. p. 25. One of the Mb'S. of Fordun,
fays, that this battle was fought near a place called Spot,

% Accoidin^xo Knighton, Edward moved from Berwick to Coldingham, on the Friday after

St. Murk's Day, being the 27th of April, in his march towards Dunbar.

Krrd, § The three earls were, William earl of Rofs, William carl of Athol, Alexander earl of

■Hcming. Monteith ; the barons, John the fori of John Comyn, William St. Clair, Richard Syward, John

the (on of Geoffry de Mowbray. The two clerks were, John de Somerville and William de St.

Clair.

Fordun

ENGLAND AND SCOTLAND.

199

The defeat at Dunbar was a fatal blow to the Scots; as it at once deprived l" hn Biliol >
them of counfel and courage ; almoft all their fighting men fled to the other /" _["_*" j
fide of the Frith of Forth, (called by the annalifis of that time, The Scotti/b «*9 6 -
Sea,) excepting thofe who garrifoned the caftles of the fouthern provinces. It em " '' 97 '
was Edward's next work to reduce thefe caftles, before he advanced farther
into the kingdom. Returning therefore from Lothian, and coming before
the caftle of Roxburgh, it was immediately furrendered to him by its gover-
nor James Steward of Scotland, on condition of fafety to the lives, limbs,
lands, and goods, of the governor and his earrifon. The caftle of Jedburgh R y"-' ! >-p-7i4r

* D * D D < J O 710, 71~.

was alfo about the fame time yielded to him ; and the king tarrying fome days
at Roxburgh, appointed a keeper of that caftle with its town and fheriffdom,
and alfo a keeper of the caftle, town, and (hire of Berwick, and of the caftle
of Jedburgh with the foreft of Selkirk *. Robert Brus -j- earl of Carrick
was, by a commiffion given him at Roxburgh, empowered to receive to the
king's peace and obedience the inhabitants, whether Englifh or Scots, in the
marches of Annandale and parts adjacent •, and his fon had the fame commif-
fion for the county of Carrick. While the king remained at Roxburgh, a
fupply of 15,000 men came to him from Wales ; upon which he fent home
about the fame number of Englifhmen, who had fuffered molt from the
fatigues of the expedition.

From Roxburgh Edward marched to Edinburgh £, and being well provided Hem,; ' 9*»
with the great wooden engines ufed at that time in fieges, he took the caftle in
eight days. Proceeding to Stirling, he found it abandoned, and was joined
there by a frefh army from Ireland, confuting of 30,000 foot and 400 horfe,
commanded by the earl of Ulfter. When he came to Perth, where he kept with
great folemnity the feaft of the Nativity of St. John the Baptift, the patron of June 24.
that town, mefTengers came to him from John Baliol, imploring peace. This,
on the part of the king of England, was negotiated by Anthony Bee bifhop of
Durham, who gave a meeting in the caftle of Brechin to Baliol and fome of his

Fordun fays, that many knights and barons fled from the battle to the caftle of Dunbar, into Ford.l. n.c.25.
which being received, being in all feventy knights, befides famous efquires, and other brave men,
together with William earl of Rofs and the earl of M:meith, they were delivered as to {laughter
by Richard Suard or Seward keeper of the caftle. He adds, that Edward caufed them all im-
mediately to be put to different kinds of deaths. This laft circumftance does not agree with the
verfes which are given by that author on this battle, vol. ii. p. 166. in which it is faid, that the
captives were imprifoned.

Anno praedifto cepit rex agmine ftriilo,

Caftrum de Dunbar ; fraus fraudi non fuit impar.

Q^o multi capti fuerant et carcere trufi.

Hoc poft in Maias quinto die efl'e kalendas, &c.

• The governor of Roxburgh, &c. was Walter Tonk; of Berwick, Ofbert de Spaldington ;
and of Jedburgh, Thomas de Burnham.

-f- Thefe commiflions to the Brufes feem fufficiently to confute the (lory told by the Scottilh-
writers, that after the victory at Dunbar, Robert Brus, the elder, came to the king of England,
requeuing him to fulfil the promife he had formerly made, of giving him the kingdom of Scot-
land; to which Edward anfwered with difdain, Have we no other bufinefs than to conquer king-
doms for you ? Whereupon Brus, full of indignation, retired to his lands in England, and appeared
no more in Sotland. Ford.

% Ad cajirum pnellarum, quod Anglkt dicitur Edenjburgb, Henu

nobles;

Hem. i, 100.

200 THE BORDER- HISTORY OF

Edwadi. nobles. The unhappy prince could obtain no better terms than an abfolute
. '° ^" gJn '. refignation of his kingdom, and the fubmiflion of himfelf and his nobles to
1296. the king of England's will. The inftrument of this refignation publifhed by

Hem,'!. '100.' Rymer, is written in French, and dated at Kincardin on the fecond of July*.
It contains an acknowledgment of the offences which, through wrong counfel
and his own weaknefs, Baliol had committed againft Edward, while in his
homage and fealty; his league with France-, the defiance and renunciation of
his homage to Edward •, the lending of his fubjects to commit all manner of
hoftilities in England •, and his fortifying the towns and caftles of Scotland
againft the Englifh king, thereby deforcing his fee. On which account Ed-
ward, having entered Scotland with his ftrength,had conquered and feized it as a
lord might injuftice do with his fee, upon the vaflal's renouncing his homage
and behaving as Baliol had done. Wherefore Baliol, being fully in his own
power and afling with perfect freedom, furrendered to Edward his whole land
of Scotland, with all its inhabitants and all their homages. Baliol gave at
Hem. i. 99. tne f ame tmie t0 Edward, his eldeft fon as an hoitage ; and both father and
fon were foon after fent by fea to London, where they remained more than
three years in cuftody.

Edward marched north from Perth to Aberdeen f, and thence to Elgin in
Murray, receiving the fubmiffion of all in his way, and meeting with no refin-
ance. Judging it unneceflary to proceed any farther, he turned back towards
Berwick, where he had fummoned his parliament to afiemble on the twenty-
third of Auguft -, and, as he pafied by Scone, he ordered the chair on which the
Scottifh kings ufed to be inaugurated, called the Fatal Chair, to be removed
to London, as a monument of the conqueft and refignation of the kingdom.
The Scottiih writers add, that he induftrioufiy fought out, and deftroyed or
carried away every monument of the antiquity and independency of the
nation.

The parliament met at Berwick upon the appointed day, and perfons of all
ranks from the different quarters of Scotland reforting to it, renewed their
fealty to Edward, and their renunciation of their late alliance with the king of
France againft him ; which fealty and renunciation they confirmed by their
oaths and their letters patent, the record whereof, drawn up by a notary, filled

• The form of this refignation, though its fubftance is the fame, is in Fordun longer, and in
a very different fly le. It is dated July the loth, without mention of a place. The French copy in
Heminoford, the fame with Rymer's, is dated at Brechin, July 10th. So is Walfingham's Latin

c °py-

According to the account of this furrender of Baliol given by Edward's procurator, when be
delivered Baliol to the Pope's nuncio in 1 299, Baliol was only afTured of the fafety of his life and
limbs, but not of his liberty, vita et membris, ab/que corporis incarceration tantummodo febi
falmis. Rym. ii. 848. The Scots, pleading the caufe of their independency at Rome in 1301,
affirm, that Edward having violently feized Baliol's perfon and kingdom, and at the fame time
compelled his chancellor to deliver up his great feal, did, as was faid, after Baliol and his fon were
fent prifoners into England, caufe the letters of the above refignation to be forged, and afterwards
publifhed them to the inhabitants of Scotland, although they never were nor fhould be ratified by
Baliol, quas nunquam fojiea ratas habuit rex nojler, nee habebit. Ford. 1. 1 1. c. 63.

f While the king moved northwards, the bifhop of Durham leading the way, was always a
day or two's march before him. Hem. ib.

a roll

Rym, ib. 726,

ENGLAND AND SCOTLAND. ,ot

a roll confining of thirty-five fkins of parchment, which is ftill preferved in interregnum

the Englifh archives. In confequence of theie new engagements, the fheriffs £ Jj™~.

of the feveral counties were commanded to reftore to * abbots, priors, and TT^T!

other ecclefiaftical perfons, their lands, houfes, and corns, that had been R J" n,tWn - "•

feized for the king. The fheriffs had orders to reftore the like poffeffions to Pryane,iii.66'5.

widows, whole hufbands had been dead before t ,e alliance of the Scots with

France, and who were not fince married to the king's enemies ; with a referve

of thofe women's caftles, which were to be dilpofed of ac the pleafure of

the guardian of the kingdom. The guardian had alfo orders to affign certain Ry _ m- tom - ''•

annuities out of the eftates of fome of thofe who were carried prifoners by the P '

king into England, for the maintenance of their wives.

After receiving the engagements above recited from his new fubjects of A . d. tZ97 .
Scotland, the king proceeded to fettle the government of that kingdom. He
appointed John de Warrenne earl of Surrey to be guardian of it during '73'.
pleafure ; who, by virtue of his charge, was entitled to enter all the caftles
and fortrefies of Scotland, and to remain and be entertained in them as loner
as he pleated. Orders were alfo given to the fheriffs and all other perfons
within the adjacent Englifh counties of Northumberland, Cumberland, and
Weftmoreland, to aid and obey Warrenne as governor of Scotland, in every
thing requifite for the fecurity and defence of that kingdom. Henry de Percy -f,

* In the lift of religious perfons and houfes reftored, publifhed by Rymer, there is in proportion
a greater number fituated in the counties neareft Berwick, and particularly in Berwickfhire itfelf,
than in the more remote places of Scotland. The heads of convents and hofpitals in the Mers
that obtained fuch letters of reftitution, were, the abbot of Dryburgh, the prioreffes of Eccles and
St. Bathan's, the matter of the hofpital of St. Leonard's of Lauder, and the houfe of St. Auguftine
of Seggedin, and in the town of Berwick the order of Trinity and Captives, and the mailer of
the hofpital of St. Mary Magdalen extra Berwick. Letters of reftitution were alfo given to the
following perfons, Adam Lamb of Poulefworth (Polwarth), Henry de Lamoton of Duns, Henry
de Strivelyn of Upfetelington, and ten others. In Roxburghfhire, the like benefit was granted to
the abbots of Kelfo, Jeddworth, and Melros, and to the mafters of the hofpital at Jeddworth, of
St. Mary at Rutherfurd, and to William guardian (cuftos) of the hofpital of St. John of Hoton
(perhaps Heaton), and to feveral parfons. The orders for rellitution to churches are almoit all
addrefled to the fheriffs of the counties where the churches were fituated; but the property of re-
ligious houfes lay often in many different counties, and this made the orders for rellitution to them
neceffary to be directed lo the fheriffs of all thefe counties. For inftar.ee, orders for reftitution to
Melros, were directed to feven Scottifh fheriffs, and alfo to the fheriffs of Northumberland and
Cumberland. The abbot of Alnwick appears in this lift to have had property in the (hire of
Berwick. The very extenfive property of the military orders of the temple and St. John appears
in it, from the former having orders for reftitution on twenty-feven fheriffs, and the latter on
twenty-four. There are likewife in this lift, orders of reftitution on the fheriffs of Berwick and
Roxburgh, to feveral widows, whofe names are mentioned. The widows who had orders for their
reftitution on the fheriffof Berwick alone; were, Alice the wife of Philip Haliburton, Mariot of
Benedict le Clerk, Helen of Stephen Papidei, Mary the wife of Philip de Keth, Joan cf Thomas
cf Eft-Nefebyte, Petronilla of William de Vepont, (de Veteri ponte) Margery of Adam Gurdon,
Sarah of Duncan del Glen. Thofe who had orders for reftitution on the fheriff of Roxburgh, were
Mary the wife of Alexander Synton, and Rofa of Adam Dolfyn. Both counties are in this Lit
feveral times mentioned along with others.

f His mother Eleanor was filter to the earl of Warrenne. Henry himfeif was the ninth in
defcent from William Percy, who came over from Normandy with the Conqueror, and received
from him a grant of many lordfhips, of which the greateft part were fituated in Yorkfhire: Top-
cliff in the North (Riding), and Spofford in the Weft Riding, being long the chief feats of this
family. Dugd,

D d Warren ne's

202 THE BORDER- HISTORY OF

EJward i. Warrenne's nephew, being appointed keeper of the country of Galloway and
of E ngland. fheriffdom of Air, the fheri is and inhabitants of the adjacent counties of
1297. Cumberland and Weftmoreland, received orders to give the like obedience and

affiftance to Percy in the province affigned to him, as to his uncle in his more
extenfive charge. To theie guardians were joined, for adminiftering the civil
affairs of the kingdom, Hugh Creffingham treafurer, Walter de Agmon-
defham chancellor, who had the keeping of a new leal, in room of that which

Fori 1. 1 i.e. 27. was f U n-endered by Baliol at Brechin, and broken, and William de Ormefby
chief justiciary. The officers who ufed to ferve the kings of Scotland by
ancient cuftom or hereditary right, the magiftrates of towns and the keepers of
the leffer fortrefles, were, on making their fubmiffion to Edward and taking
the oaths he required, a'lmoft all continued in their offices.

An exchequer for receiving the king's rents and taxes from Scotland, at
leaft from the fouthern provinces of it, conftituted on the * model of that at

^Cm*"' Weftminfter, was eftablifhed at Berwick. Walter de Huntercombe, a man
of extenfive property in Northumberland, being appointed keeper of the
caftle of Edinburgh, together with the fheri ffdoms of Middle, Eaft, and
Weft Lothians, was ordained to account for the revenues of them at the ex-
chequer at Berwick, and when a hew keeper ( John de Hodlefton) was, in the
year following, appointed for thecaftlesand counties of Gilloway and Air, the
fheriffs in thefe provinces were ordained to anfwer for their iflfues and revenues

Rjmer, ib, 730. in the fame exchequer. Out of this exchequer payments were alio ordered of
royal grants •, as appears from a remarkable one made by Edward, before he
left Berwick, to teftify his devotion and gratitude to St. Cuthbert. He
ordered 40 /. to be paid annually to the prior and convent of Durham, to be
expended in alms, and in feafting the monks on the two annual feftivals of their
tutelary faint ; to maintain alfo a mafs prieft, and to fumifli wax candles to
burn before the fhrine and banner of the faint, while mafs was celebrating.
The payment of the abovementioned fum out of the Berwick exchequer was
to be continued, until the prior and convent of Durham ihould receive from
the king and his heirs an ecclefiaftical benefice in Scotland, that produced a
clear annual revenue of equal amount with the fum now granted.

Edward's conqueft of Scotland was not followed with that effablifhment or
increafe of fubmiffion and obedience, on the part of his Engiifh- fubjecls,
that might have been expecled from lb great an addition to the power of their
fuvereign. His clergy, headed by Wincheliei archbifhep of Canterbury, in a
parliament held in November, at St. Edmundfbury, refufed to pay the double
tenth demanded by the king, for aiding him to defray the expence incurred by
the late Scottifh war, and alfo to profecute the war wherein he was ftill en-
gaged with France. The clergy pretended to julHfy their refufal by a bull
which Pope Boniface VIII. had iffued in the preceding February, exempting

Triv. p. 296. all clerks from exactions impofed by laick magiftrates; and thofeof the pro-
vince of Canterbury perfifting obftinately in their refufal, the king put them
out of his protection, and foon reduced them to extreme diftreis, by feizing

* This circumftance appears from an order of Edward to his barons of exchequer, dated at St.
Edmundfbury Nov. 16. Regni. z±, Maddox Hill. Exch. p. 550.

all

ENGLAND AND SCOTLAND. jo 3

ail their poflefilons. This refractory behaviour of the clergy was foon fol- '"'""
lowed by a refinance from a great party of the lay-.baron \, tint proved much Jl_^°l!lj
more formidable and obftinate. The heads of this party were, Humphry i^7-

Bohun earl of Hereford, conftable, and Roger Bi^ot earl of Norfolk, mare-
fchal of England. Thefe nobles refufed to pals over into Gaicogne, at the Ftl > bi-
king's defire, retired from the parliament with a great body of armed
attendants and followers, and hindered the king's officers from raifing,
within their eftates, certain impofitions, which they efteemed exorbitant and
illegal.

Thefe domeftick difficulties did, in a great meafure, deprive the king of the
advantage he hoped to reap in carrying on his war againft France, from a
itrait alliance he had concluded in the beginning of the year with the counts
or Holland and Flanders ; to the former of whom, John, he gave his daughter
Elizabeth in marriage. In the courfe of the fummer, the earl of Flanders being
reduced to extreme diftrefs by the prevailing arms of the French king, and the
Englifh conftable and marefchal continuing ftill mutinous and obftinate,
Edward found it neceffary to receive into favour the archbifhop of Canter-
bury ; whom he had not been able by his feverities to bend to his will. To
this prelate, in conjunction with Reginald de Grey, he intruded the care of
his Ion, whom he left guardian of the realm on his paffing over to Flanders in
the month of Auguft.

It is moft probable that Edward's ftrife with his clergy and nobles at home,
and the continuance of his war with France, gave encouragement to the Scots
to entertain thoughts of throwing off the Englifh yoke. Hiftorians alio men-
tion other circumftances as confpiring to prompt them to this attempt. War-
renne the guardian being advanced in years, and thinking the air of Scotland Hem. i. ns.
hurtful to his health, had retired into the north of England. Creffingham the
treafurer was rapacious and proud •, Ormefby the judiciary rigid and imperious.
Orders had been given to the latter to adjudge to exile thofe who refufed to
fwear fealty to the Englifh king. Thefe judgments Ormefby gave ; but
Warrenne is faid to have been remifs in carrying them into execution. It is
realbnable to think, that the extreme weaknefs to which the Scots were reduced
by the loffes they fuftained at Berwick and Dunbar, their almoft univerfal
fubmiffion to Edward, in his parliament at Berwick, and the captivity of their
chief men in England, might lead thofe Englifhmen who had the adminiftra-
tion of the affairs of Scotland, to the errors and excefics which they are faid
to have committed : but it muft at the fame time be acknowledge.!, that the
relaxation of lawful authority, and the public diforders of all kinds, which had
prevailed in that kingdom fince the death of Alexander III. joined to the
general averfion of the people to the yoke of their new matters, could fcarce
fail to produce difcontents and murmurings againft their governors, although
thefe h„d exercifed their power in the moft unexceptionable trfanner.

But perhaps thefe refentments might not have broke forth into any open or
dangerous refiftance, and in time might have been wholly fn othered by
fuperior force, if the Scots had not found a leader wonderfully accommodated

D d 2 to

204

THE BORDER-HISTORY OF

Edward i. to their temper and circumftances, in the perfon of Sir William Wallace*,
K, of England. fecond fon f S ; r M a i co i m Wallace of Elierflee. This man was under a l'en-
1297- tence of outlawry, on account of his refufing to fwear fealty to Edward; or,
Buch. as tne Scottifh authors fay, on account of his having (lain, while yet in early
c.°aV. "" youth, a young Englishman f of noble parentage, who infulted him. His
ftature and ftrength were gigantick, his afpecl: and addrefs pleafing and popu-
lar t •, and he was equally renowned for fubtlety and art in deviling military
ftrataoems, and for prowefs in executing the moft dangerous achievements.
Blind H»rry, f-jj s fl r ft afibciates were fellow-outlaws ; in conjunction with whom he com-

mitted many deeds of violence on the perfons and eftates of Englishmen who
were fettled in Scotland. The fame of exploits fo pleafing to his countrymen,
beino- every where diffufed, quickly increaled the number of his followers-,
and the fuuation of affairs in England favouring the hopes of a revolution,
many were tempted to violate their faith to Edward, and to join their bold
and fuccefsful countryman in his efforts to throw off the Englifh yoke. Among

• In Walfingham's partial account cf Wallace's beginnings and progrefs, he is faid, upon the
Scots chufing liim for their leader, to have received the order of knighthood (cingulum mihtitt.)
from a certain earl. Waif. Hift. p. 90. Nifbet in his Heraldry, vol. i. p. 286. lays, that Wal-
lace was Ion and heir of Sir Malcolm.

According to blind Harry, who fung Wallace's exploits about the middle of the fifteenth cen-
tuiv, Sir Malcolm was flain by the Englifh at Lochmaben, fighting on his knees, after his hams
were cut ; and alfo his eldell fon Malcolm. Sir W. W. p. 2. 1 ]. His mother was daughter to
Sir Ranald Crawford of Loudoun, and filler to another Sir Ranald Crawford fheriffof Air.
-f- This, according to the poem, was the fon of Selby conllable of Dundee.
% The defcription of Wallace, in blind Harry, which he fays was given of him by the French-
men who had feen him in their country, is as follows : Sir W. Wallace, b, ii. p. 281.
Wallace ftature of greatnefs and of height
Was judged thus by difcretion of fighr,
That faw him both on Cheval and in Weed
F. In. Nine quarters large of height he was indeed.

6 — ii*. T hird part that length in (boulders brode was hee,

Sc. ell 37inchei» Right feemly ftrong and lufty for to fee ;

Jn limmes great, with ftaKvart pace and found.
His brands hard, with armes long and round;
His hands made right like to a palmeir,
Of manlike make, with nails long and cleir.
Proportioned fair and long was his vifage,
Right fad of fpeech, and able of courage.
Both breafted high, with Iturdy craig and greet,
His lippes round, his nofe fquare and neit.
(a) Pjlpebra. Burning brown hair on brows and irees (a) light,,

Cleir afper eyes like diamonds full bright.
Under his chin, on his left fide was ieene,
(By hurt) a wan, his colour was fangueene.
Wo.mds he had in mony divers place,
But fair and whole well keeped was his faice.
Of riches als he keept no proper thine,
Gave that he wan like Alexander the king.
Jn time of pe-ce meeke as a mind lhould bee,
When war approached the right Hedior was hee.
To Scotfmen right and good credence he gave,
But known enemies they could him nought deceive.

the

Him, i, 121,

ENGLAND AND SCOTLAND. 205

the firft of rhe perfons of eminence in Scotland who joined Wallace, was Sir immtt/nm

"William Douglas * late captain of Berwick cattle; who, after fwearin« fealty ■-.- jj

to Edward, had been reltored by him to his liberty and ellate. Thefe r.vo. I2 97-

Hfm l 1 8 Tin

about the end of June, when the earl of Warrenne had gone to the En i.ii
parliament, led lb formidable a band towards Scone, that Ormefby, the Eng-
lifh justiciary, who was holding his court there, hearing of their approach, /led
away in great hafte, leaving his goods for a prey to Wallace and his followers.
About the fame time, Robert Brus the younger, earl of Carri.k, James Steward
of Scotland, with his brother John, and fotne other perfons of eminence and
interest, joined the party of the fuccefsful infurgents, and committed all forts
of violence againft the Englilh in the weftern counties of the fouth of Scot-
land.

Edward, directing all his thoughts and preparations towards his expedition
into Flanders, where his prefence was greatly neceffary, and probably receiv-
ing, for a while, imperfect accounts of the diforders in Scotland, from thole
who had the charge of that kingdom, feems to have negle&ed thefe diforders
too much and too long. Molt of the perfons of higheft rank and power in Rym. tom.u.
Scotland were his prifoners in England. Many of thefe perfons he had re- l\^P' 7?6 '
leafed from their confinement, upon their finding fureties for their fidelity, and
engaging to accompany him into Flanders ; and forae of them he fuffered to re-
turn to their own country, for the fake of providing arms and attendants for this
expedition. But being at lalt alarmed with accounts of the growing (trength and
fuccefi'es of Wallace and his accomplices, and fully affured of a dangerous in-
furrection by the bifhop of Durham, whom he had fent to inquire concerning
it, he iffued his orders to the earl of Warrenne to chaftife and fupprefs the
rebels without delay, and for thisfervice to call forth all the militia of England
to the north of Trent.

Warrenne fent before him his nephew Henry Percy and the lord Robert Clif-
ford, who entering the weft of Scotland with the forces of the neareft Fnglifb.
counties, came up with a Scottifh army commanded by the great chieftains
abovementioned near Irwin -h. The great fuperiority of the Englifh horfe, the
diffenfions of the Scottifh leaders among themielves, and the defertion of Sir
Richard Lundi to the Englifh, determined the earl of Carrick and the other
commanders, with the concurrence of the bifhop of Glafgow, to furrender J u, r9- ..
themielves to Percy and Clifford, on condition of their paft exceffes being p. 5 ^."""' "*

• He was, according to Home of Godfcroft, the feventh lord of Douglas, brother and fucce/Tbr
to Hugh, and father of James. Edward gave him in marriage, for a fecond wife, the daughter of
Wiiham de Ferrars earl of Derby, who was neatly related to the royal line of Scotland ; her mother
being the eldeft daughter of Roger de Quinci earl of Winchefter, begotten on the daughter of Alan
lord of Galloway ai.d Margaret of Huntington. By this lady he was the father of Archibald lord of
Galloway, who was progenitor of (he earls of Douglas and Angus. Godfc. Crawf. in Geft. V'all.
Loid William s firft wife was a daughter of lord Robert Keith, who bore to him his immediate fuc-
ceiTor the lord James. See below, p. 206.

+ Trivet, and VValiingham following him, mention Wallace as one of the commanders of this Triv. p, 100.
army : the other three they make the bifhop of Glafgow, Andrew Moray, and the Steward of Waif. Hilt. p.
Scotland. In the printed copy of Trivet, Andrew Moray is confounded with the Stewatd cf 7°-
Scotland.

pardoned,

?c 6 THE BORDER- HISTORY OF

' 'i '• pardoned, and of ffety to their lives, limbs and eftates ; they, on their part,

r. ofK; incU g j v ; n g hoftages for their future loyalty. The Englifh commanders accepted

K97. of this furrender, on condition that the terms of it fhould pleafe the king,

whofe earneftnefs to embark for Flanders induced him to ratify theie terms

before he let out-, Warrenne h ving tranfmitted them to him from Berwick.

Wallace, who did not join in this fubmiffion, had by this time drawn the
EnMifo almoft entirely out of the north •, and the wonderful fuccefies of this
champion, joined to Edward's departure from England, which foon follow L d
the above- recited fubr.iffion of the Scottifh nobies, made thefe flow in fulfil-
Hem in. ]j n2 - their engagements. Warrenne being at Berwick with an Englifh army,

wiir. 3 °o.' and prefiing the delivery of the promiled hoftages, pretences were found for

delays •, and when the Englifh general threatened hoftilities, they laid the
Hem. 114. blame of their delays on the lord William Douglas and the bilhop of Glal-

gow •, who, to confute this accufation of faliehood, furrendered their perfons
to the Englifh general, and were committed to cuftody, the former in the
caftle of Berwick J, and the latter in that of Roxburgh.
Hem.;. 114, Warrenne leading his army from Berwick towards Sterling againft the

rebels, the Steward of Scotland, the earl of Lenn x, and fome other Scottifh
nobles, pretended to ufe their influence to bring Wallace and his followers to
fubmit to the Englifh; but their endeavours were ineffectual, and by the
Encdifh iufpecled to be infincere. Wallace hearing of the approach of the
Eno-lifh, abandoned the fiege of the caftle of Dundee or of Cowpar, and waited
for his enemies on the north fide of the river Forth, over-againft Sterling, nigh
Se t< ,. t# the abbey of Cambufkenneth. Warrenne and Creffingham, or the former
wedncidaj. oivin" way to the prcfumption and impetuofity of the latter, had the temerity
to make the Englifh army pafs the Forth over the narrow wooden bridge of
Sterling -, which gave Wallace the advantage of attacking the part that paffed
firft, while it could not be fupported by that which was left behind. The
coniequence was, the deftru&ion of feveral thoufands that got over-, together
with Creffingham, who hazarded himielf along with them. Sir Marmaduke
Tweno-e, a llout and valiant knight, was almoft the only perfon who fought
his way back through the Scots; and to him Warrenne intrufted the keeping
of the caftle of Sterling, promifing him fpeedy fuccour. Warrenne himfelf
retired with precipitation to Berwick*; and thence foon paffed into England,
to "ive an account of the ftate of Scotland to the prince and regency -f.

Creffing-

t According to fome accounts, Douglas died in prifon in Hog's Tower in Berwick. Other
accounts fav, he was fent from Berwick to Newcallle, and thence to York; where he was kept
clofe piifoner in the caftle until his death in 1302, and was buried in a little chapel at the fouth-
end of the bridg?, which hath gone wholly to decay. Godfc. Crawf. ap. Geft. Valla;. Ed. 1705.

* Forgetting his old age, fays Hemingford, he returned to lierwick with fo much halle, that
the horfe which he rode being put into the ftable of the minor friars, never more taited food.

f Edward had appointed Bryan Fitz-Allan guardian of Scotland, Aug. 14. (Piynne iii. 687.) but
had at the fame time required Warrenne by no means to leave that kingdom, until the ftate of it was
fettled. Perhaps Warrenne, 'iflended at being difplaced, gave way to Crefiingham's propofal of
leading the army over Sterling-bridge, with the view of deftroying it; and perhaps Creffingham,
knowing that Warrenne was removed from his office, was the more bold in preffing an immediate
.attack ofthe rebel Scots, however dangerous; Creffingham reprefenting it as neceflary for faving

8 the

ENGLAND AND SCOTLAND. 207

Credingham's extortions made him fo odious to the Scot?, that having found Jntemgntim
his dead body in the field of battle, they Rayed it; and cutting the fkin in . _.. ' r
pieces, diltributed it amongft them £. It is alcribed to Creffingham's immo- '=97
derate pafiion for hoarding, that he had not executed the orders given by the
kins, to build a ftone wall along the fide of the new ditch which had been
dug for the defence of Berwick. The Enalifh inhabitants being, through
this neglect, incapable of refilling an afiaulr, and at the fame time left without-
a head, did all abandon the place, and retire into their own country ; carry-
ing along with them all their moveables. The Scots foon * took pofferTion
of the town, wholly evacuated; but the caftle was lb ftrong and fo well de-
fended, that they were not able to reduce it.

The panick excited by the approach of the Scots was inftantly communi- j? e ™- x 5*» >3 6 '
eated to the Northumbrians, who fled with their families and goods to New- c . 29.
cattle and the fomhern pans ; but Wallace, either from defign,. or retarded
by the oppolition of Patrick earl of March -f, who continued faithful to die
king of England, and defended his province and caftle of Dunbar, did r.oc
enter Northumberland until forr.e weeks after the battle of Sterling J. By Gfl. i& St.
this delay the Northumbrians were encouraged to return to their habitations ; Hemingf* '
of which the Scots receiving information, fuddenly crofted the march, and
spreading themfelves through all the country, from the Foreft of Rotbkury, as Hemingflrd;
a center or head quarters, they killed many, and collected great fpoils. The
priefts and monks of all orders flying for their lives, with the reft of the inha-

the king's money. The circumftance of Edward's ordering Warrenne not to leave Scotland till he

had quafhed the rebellion, appears from an original in Ryrn. ii. 704". Hemingford alfo relates, '*-<"•?• l i~>

that the lord Henry de Percy had raifed, in the counties of Carlifle and Lancafter, an army of three

hundred horfe, and eight thoufand chofen foot, with which he was advancing towards Sterling ;

but CrefTingliam, thanking him for his diligence, ordered him to difmifs his men ; faying, that the

army they had was fufficicnty and that the king's treafure ought rot to be conlumtd without

neceflity.

I Hugh Creffinphsm was a clergyman, reflor of Ruddeby, chief judiciary in the York affizes,.
and preberdaiy of many churches ; who, although he had the cure of ninny fouls, yet never put on
fj-iritual armour or the clerical g-irb ; but inllead [hereof, the helmet and breaitplate, wherein he
was at laft fl.iin. Hem. i. 129.

* Fccuam, et qua/ijeopis miatdatam. Hem. 13.1,

The peifon fent cy VVailatt to feize B£'r<wick, was Htr.ry Haliburton a Scottifli knight, Leh
Gc II. i. 541.

f Tne life and n£b of Wallace by blind H;rry, rcla'e, in the eighth book, how Wallace puf
C.cr/patriik (a name probably, of contempt given to the earl of Dunb.T in this pcem) cut of Scotland,
tro-gh arMed by B:c bifhop cf Durham, and Robert Bruce. Earl Patrick's caftle of Dunbar was
given bv Walace to the keeping of Criftal (;'. e. Chriftopher) of Seton, one of Wallace's heroes.
Walk.ce is (aid to have call down all Patrick's places, and particularly his twelve deeds, that wee
called (a) hlahamh, which the toem calls hardy Buildings bold, both in the Men aed alfo in [.t-fcV^v'Ts
Louthiane, except Dunbar, Jlanding he leaved nat.e, p. 182. 1 he earl is laid to have provoked it from A£i>/> or
Wallace-, by difoieying his fuirnoi.s to it end a convention held at St. Johnltown, and by calling Mtti,boan&,
him, in contempt, the hug of Kyle, p. 171. mark?

J Fordun, and the o-n;r b-cottilh hiftorians rehte, that a principal reafon of Wallace's invading
England was an extreme dearth «nd fcarcity (b) that prcvailecTin Scotland, arifing from inclemency (W.Walfingham;.
of weather, joined to the calamities of war. He is alfo faid to have led into England, inthistxpe- <ie,c,lti " e lhe
dition, all the fighting men of Scotland between fixteen and (ixty, obliging them to follow him tur ; tt f rttn „,'i.
under pai'.i of death ; which was ir, Rifled on the obftinate, by hanging them up on gallowfos, erected liudabila, e. 74.
for this purpofe in every barony and confiderable town. Ford.

bitants,

m until

208 THE BORDER-HISTORY OF

k ^e'IL bitants, there was an entire cejfation of public ivorJIAp through all the country
v_^H___i between Newcaftle and Carlifl?. The Scots continued to burn and plunder,
ll 9- at their pleafure, all over the country, till Martinmas ; meeting with no oppo-

fition or difturbance, except when in the neighbourhood or the caftle of
Alnwick and other fortrefles •, the garrifons of which (fometimes) fent forth
parties to attack the rear of the marauders, or to pick up their ftrag^lers.
The Scottifh forces being all united at Martinmas, during the eight days that
followed, marched to the citv of Carlif!:, which refufed a fummons to furren-
der-, and made fuch preparations for a refolute defence, as determined the
invaders to turn aw3y from it, and to employ their ftrength in laying wafte
\'\ V J all the neighbouring country (a). Being about to enter the county of Durham,

wood.CipiST. they were driven back by a terrible ftorm of froft, fnow, and hail, wherein
'tortuT many of them perifhed by hunger and cold; which was afcribed to the fea-
Aii«daie) asfar fonable protection given by St. Cuthbert to his own people. They thence
marched over to Newcaftle ; but the garrifon there mewing the fame fpirit as
Coikef. that of Carlifie, the invaders, after having fpread a great panick to the lbuth
of the Tyne, by burning the village of Ryton, made a divifion of their fpoils,
and returned to their own country *.
H--m. i. i3«, This invafion of the Scots was, in part, revenged by an inroad made into

Annandale, in December, by the lord Robert Clifford with the forces of
Carlifle and Cumberland. Several places were burnt and fpoiled in this in-
road, and a confiderable number of Scots (lain and taken prifoners : and the
Englifti, in a like expedition in the fame quarter, about the beginning of
Lent, took the town of Annan ; and, after fpoiling it, burnt it, together
with the church.

The general revolt of the Scots, with their great fuccefs at Sterling, and
the imminent hazard of their invading England, had determined the Englifti
regency to call a parliament ; for which writs were iffued fix days after the
battle of Sterling. To this parliament the earls Conftable and Marfhal, with
their adherents, came-, and commanded all its proceedings by the multitude of
their followers, and bv the inclination of the archbifhop and others who acted
for the king, to aflift the malcontent barons in limiting the regal power. Thefe
barons obtained from the prince regent, and his couniellors, the pardon of all

* Wallace, in the courfe of this expedition, was two days at Hexham, and gave, a protection,
dated Nov. 7, to the prior and convent for their peifons and poffeffions ; in which letters of pro-
tertion, Andrew Murray, who is named before Wallace, concurs; and the t vo are intitled the
commanders (duces) of the army of the kingdom f Scotland, in the name of 'John King of Scotland, by
A:iJ. D : pl. the confent of the community of that kingaom.. Hem. p. 135. In a grant of the conftabulary of the

cattle of Dundee, &c. made by Wallace to Alexander Skirmifcher, the bearer of the royal ftandard
of Scotland, dated at Torphichen March 29. I 298, Wallace is entitled Cujlos Regni Scotite & dttilor
eyercitnum ejufiem. If he had been advanced to the dignity of cujios, when at Hexham, he would
certainly have taken the tlt'e; and the name of Andrew Murray would not have been put before
Wallace's. It is therefore pr. bable that this dignity was ca . tci red upon him after his return from
his expedition into England, about the beginning rf the year 129S. The old poem p'aces the
•e'ecY;on of Wallace to be warden (perhaps it is meant only of the marches) after the battle of
Bigoar, and in a place called the Foreft Kirk, p. 12c* But there is no chronology, and pro-
bably but iinall iiriclurcs of truth in this poem.

paft

ENGLAND AND SCOTLAND. 209

paft offences, a ratification of the great charter and charter of forefts, with ! f ? f £"*5' , 5' n
ibme additional articles ; and particularly that mod valuable one, That no ,'" s "^ ni ^
talliage or aid fhould thenceforth be impofed on the kingdom, without the 1197.
aflent of the prelates, nobles, knights, burgeffes, and other free mem On
condition of the royal aflent to theie claims, both clergy and laity granted aids
for the war with Scotland.

Edward finding himfelf neceflltated to fwallow thcfe hard terms, notified N<m 5-
from Flanders his aflent to them. At the fame time he ordered a parliament
to meet at York, on the 14th of January, and the nobles who had refufed to
accompany him into Flanders, to be ready at that time, with their forces, to
march againft the Scots, under the command of Warrenne, whom he appointed
Ids lieutenant for that fervice. The king alfo lent letters to the great men of
Scotland, requiring them, upon their fealty, to attend this parliament on the
pain of being held as public enemies, if they did not.

The parliament which met at York on the appointed day, and in which a. d. 1*9$;
Warrenne reprefented the King, was attended by the conftable and marfhal, H J* 1 ? - ,4>
with their friends and followers. The royal confirmation of the charters, to- 145.'
gether with the new articles, was, for the fatisfaction of all, publickly read ; Tnv ' J,u
and the bifhop of Carlifle fulminated excommunication againft all violators of
them, But the ^cots neither coming nor fr nding to this .iflembly, it was
refolded, that eight days thereafter there fhould be a general mufterofalL
the fcnglifti forces at Nevvcaftle, and that they fhould march immediately from
that place againft their enemies.

The number that appeared in the mufter at Newcaftle, was 2000 excellent Hem, i. 14*,.
armed horle, more than 12CO light horfe, and above 100,000 foot, including TrW. 311.
the Welfh •, which numbers were confiderably augmented, as the army was on
its march towards the Scottifli frontiers. The Scots, who had been long
befieging the caftle of Roxburgh, which they were the more earned to reco-
ver from their defire of reftonng to his liberty the bifhop of Glaigow, who
was a prifoner detained there, upon hearing of the approach of fo great an
holt, loon railed the fiege. The Englifh army coming to Roxburgh, brought
a moft welcome relief to their countrymen in the town and caftle-, and paffing
over the Tweed to Kelfo, marched thence to Berwick, which they found
totally deferted by the Scots, as it had been by the Englifh a few months
before ; and the garrifon of the caftle, which the Scots had blocked up, or
befieged, received the fame feafonable relief with that of Roxburgh.

From Berwick it was the purpoie of the general, and the other chiefs ac-
companying him, to march into Scotland againft Wallace's army. But, about
the beginning of Lent, a knight arrived with letters from the king to War-
renne and the other chiefs, informing them of a truce he had concluded for
two years with the French kingf; and becaufe he was refolved to be with;

thera

f This truce was concluded at Tournay, on the lad day of January, and the two kirgs agreed
by it to lubmit their differences to the arbitration of the Pope, at a private ftr/on, Rym. torn,.
ii. p. 819,

£ e £w

2IO THE BORDER HISTORY OF

EHward i. them in perfon, as foon as poffible, requiring them to attempt nothing of
k. oi England. moment a g a ; n ft the Scots before his arrival ; but if they could poffefs them-
i»^~ felves of the town of Berwick to tarry there till he came. On receiving thefe
Hem. i. 146, orc | erS) they chofe fifteen hundred out of the whole number of their armed hor-fe,
and about twenty thoufand of their beft foot, l hat had come from Wales and
the more remote parts of England, difmiffing all the reft until the coming of the
king; and with this fmall army they continued in Berwick, waiting his
arrival •, and in the mean time maintained a diligent watch againft their
enemies.
Hem. i. 158, About the middle of March, Edward arrived in England from Flanders.

Tr?v 11 When he was about to embark at Hardenburgh (near Slyeys in Flanders) the

wllf. Hiii. Scots who had accompanied him in the expedition almoft all deferred him and
P-7S- went to p ar i s . t'dward fummoncd a parliament to meet at York on Whit-

funday •, and there he again required, in the molt peremptory terms, the attend-
ance or" the great men of Scotland. His nobles came thither to him from Ber-
wick, but no Scotchmen appeared. The general rendezvous of his forces was at
this parliament appointed to be at Roxburgh, on the day after Midfummer.
Hem. i. i 59 . The army, on the appointed day, being affembled and muflered at Rox-

ju:ie*5. burch, confifted of three thoufand me-n at arms, four thoufand light horfe,

and'about eighty thoufand foot, who were almoft all Wellh and Iriih. Many
alio afterwards arrived from Gafcony, whereof there were five hundred gens-
d'armes, with excellent arms and horfes. Some of thefe werefent to garriibn
Berwick, and remained there till after the battle of Falkirk.

The Englifh earls, Conftable and Marfhal, gave a new fpecimen at Rox-
burgh of their jealoufy of Edward, and of that undaunted refolution with
which they afferted their own rights and thofe of their countrymen againft fo
great a monarch. They refufed to accompany him farther into Scotland,
unlefs he would give them fome new fecurity of his obferving the charters and
additional articles-, alleging fome grounds of fufpicion, that he intended to
evade his engagement, on the pretence of his having given it while in a
foreign country. To remove this fcruple, the king authorized the bifhop of
Durham, together with the earls of Warrenne, Gloucefter, and Lincoln, to
fwear, on his foul, that upon his returning victorious, he would give full
fatisfa&ion in this matter.

The army then advanced into Scotland by moderate marches, wafting and
deftroying every thing on their way. Having come to a place called Temple-
hijlon J, fituated on the water of Cramond, they encamped there feveral days,
expecting a fupply of provifions on board of fhips that were to come about
ffriv. 312. from Berwick ; but thefe (hips being detained almoft a month by contrary
winds, the Englifh army began to be greatly diftreffed by fcarcity of victuals.

Ry.-n. torn. ii. Tivo years. So fay the hiftorians ; but the treaty itfelf fhews that it was only for a year, or

ip. 804. rather iomewhat lefs, being till the morrow of the Epiphany next enfuing. Soon after the treaty

at Montreuil, on the 27th of the following June, the Pope prolonged the truce or fujferentia a year

longer, »'. e. till the Epiphany in 1300. Rym. ib. 849.
t Is not this Xirk Liiton?

The

ENGLAND AND- SCOTLAND. an

The Scots were enco. raged by this to draw together a mighty army, in the. interregnum

expectation that the Englifh, exhaufted by famine, would prove an eafy prey. ^° ' "'j" 1 ^

But three days before the Scottifh army drew near, the long-expected veiTels 129s.

arrived ; and Hdward's forces were thereby put into a better condition for

encountering their enemies. In order to this, they made a march of about

twelve computed miles; and in a battle fought at Falkirk entirely defeated

the Scots with great (laughter, the lo Is on the part of the Englifh being very

inconfiderable. The commanders of the Scottifh army in this battle were, Sir

William Wallace guardian of the kingdom, John Comyn of Badenoch, and

John Steward of Bute, brother to James Steward of Scotland. The Scottifh ForJ - «» 3»»

writers relate, that thefe three commanders ftrove about the honour of leading 34 *

the van ; which Comyn and Steward, men in birth, name, and eftate, far

fuperior to Wallace, thought it a difgrace to yield to him ; while Wallace, on

his part, with his ufual undaunted fpirit, afTerted the prerogative of his high

office. During this dilpute the Englifh advanced. Comyn with his part of

the army fled; and Wallace, with his, retiring a little from the place of action,

looked on, while Steward and almoft all his followers were cutoff*. And

ibon after the battle, Wallace, feeing it impoflible to contend with the envy

and malignity of the Scotch nobles, laid down his charge of guardian, and is

never afterwards mentioned in any genuine record, as bearing chief command J on - Maji '• 4i

in the fequel of the wars with the Englifh. c " * 5,

Edward, on the fourth day after the battle, came to Sterling, which the
Scots in their flight had burnt. He ftaid there fifteen days, in a convent of
Dominican friars, to recover a hurt he had received by a ftroke from his
horfe, on the morning of the day of the battle of Falkirk. A party of his
army, fent northwards, wafted the country, and burnt Perth and St. Andrews.
He caufed the caftle of Sterling to be repaired and victualled, and put a
garriibn into it. After he had recovered his ftrength, he went to Abercorn ;
where his fhips lay that brought. provifions to the army, from- Berwick. Thence

* The account given, by the Englifh writers of this battle, is very different from that of the Hem. p. 164,
Scots. According to the former, the Scottifh fpearmen were drawn up in four clofe bodies of a ,6 S»
circular form, called Scbiltratus [a), the.lpaces between thefe being filled with archers ; and the horfe,
who were but few, being placed in the rear. They had alia a lake or marfh before them, which
obliged the Englifh to make a compafs, in order to begin the attack. The Scottifh horfe inftanily
fled; but the refillance of the for was confiderable. They were at laft broke by the Enolifh.
horfemen, afTifled by their archers ou foot, and by others of their footmen, who threw round ftones,
whereof the field of action afforded great plenty. The rout was general, and according to He-
minglord, there fell of the Scots fifty thoufand. He mentions the death of the brother of the Steward
of Scotland ; who after having diawn up the archers that came from the foreft of Selkirk, acci-
dentally fell frcm his horfe, r>.nd wa flain among thefe archers ; and round him were flain fome men
of extraordinary beauty and ftrture (elegantis forma & procera fiatune) called by the Scotch writers
Brandons. Of the Englifh only one perfon of note was killed, Bryan Jay mailer of the Templars.
Trivet fays, his fellow mailer of the order in Scotland, fighting along with Jay, was alfo killed.
(Triv. 313.)

(j) ShiUrum is a word ufed by Barbour in defcribing the batU« of Bannockburn :
For Scotfmen, that them hard elTayed,
That then were in a ihiltrum all. p. 268. 1. 100,
A>fo in P< *57) lnree different times. It feeros to denote one compared baity of fighting IDSIU

E e 2 he

a 12 THE BORDER-HISTORY OF

Edward i. he marched weftwards, probably with a view to complete the reduction of the
^° "^ an ; fouthern part of Scotland. Robert Brus, on the king's approach, deferted
1*98. and burnt his caftle of Air ; but an expected fupply of provifions not arriving
on the weftern coaft in due time, the Englifh army fuffered great fcarcity. In-
flead therefore of entering Galloway, as was propofed, Edward marched to
Carlifle through Annandale, and in palling had the caftle of Lochmaben fur-
rendered to him.
Sept. 15. a c Carlifle the king held a parliament, in which he gave grants or promifes

of the forfeited eftates and honours in Scotland to his EnoJifh nobles. The
earls Marefchal and Conftable, not yet cured of their dill ontents, nor chufing
to attend this parliament, obtained licenfe from the king to go home, on pre-
tence of the great lols and fatigue of their men and horfes, in the expedition
into Scotland. The king went from Carlifle to Durham, intending to proceed
thence to the fouthern parts-, but hearing that the Scots were again collecting
their forces, he turned back to Tynmouth and continued there till near Chrift-
mas ; and having kept that feftival at Cottingham near Beverly, he returned by
ihort ftages to London.

By the truce concluded between Edward and Philip in the preceding
January, their differences were referred to the arbitration of the Pope, as to a
June 17. private perfon, who in the end of June gave his award, appointing Edward to
marry Margaret the fifter, and his fon to marry Ifabel the daughter of the
French king. Thefe marriages were confidered as a folid foundation of a peace,
and the matters in difpute were to be adjufted by a negociation carried on by
A. d. 1299. j.]^ delegates f each prince under the Pope's direction. An Englifh parlia-
ment held in the beginning of Lent approved of the Pope's award ; and in
a treaty concluded at Montreuil about the middle of fummer, all differences
of moment between the kings were fettled ; thofe that remained being ftill
referred to the Pope.

In confequence of this laft agreement at Montreuil, John Baliol was freed
from the imprifonment wherein Edward had fo long detained him. The
king of France had demanded his enlargement as his ally, foon after the
truce concluded at Tournay •, but the king of England alleging he was not
named in that treaty among the allies of France, refufed to deliver him : and
w"ir. Vpo'd. this refufal was, by the king of France, accounted a good reafon on his part
Ntuft.490. for detaining the friends or valTals of the king of England, who had fallen
into his hands. But the Pope having been applied to on this head, required
that Baliol fhould be given up to him, and that his Nuncio the bifhop of
Vicenza fhould receive him at Witfand near Calais, to difpofe of him accord-
ing to his matter's orders. The delivery of Baliol was accordingly made to
the Nuncio by De Burgh conftable of Dover-caftle, the procurator for
Edward in this affair; who declared that the conditions of this delivery were,
* y «V o1, "' tnat t ' ie f °P e fhould only have power to decide concerning Baliol's perfon,
and the lands he formerly held in England; but fhould have no power to
decide concerning the kingdom of Scotland, or its appurtenances, in favour of
Baliol himfelf, his heirs, or any claiming by whatever connexion with him, on
which terms the bifhop alfo declared he received him.

Nov. ii.

ENGLAND AND SCOTLAND. 213

In the former year, while Edward was yet in the north, lie had iffued a ^"f,"^
fummons to his military tenants to be at Carlifle on Whitfun-eve, to accom- v _.__ '_/
pany him againft his enemies of Scotland, and to put thole to whom he had '*s>9-
given, or fhould afterwards give lands in that kingdom, in pofTeffion of thefe Ry m ?ii. g»s,
lands : but by a proclamation in the beginning of May, he adjourned the **9-
term of rendezvous till the day after Lammas, on account of the important p rynn e^u. 809.
negociation depending with France, which required his vicinity and attention.
After this was concluded at Montreuil, he was Hill detained by his marriage
with Margaret of France, which was celebrated at Canterbury in September; Sept. 10.
and notwithstanding the feafon was fo far advanced, the king, two months
after, came to a parliament which he had aflemblcd at York, and proceeded
thence to Berwick, where he had appointed a rendezvous of his forces.

The principal view of this expedition was to relieve the caftle of Sterling *,
which was blocked up by the Scots, and reduced to extremity by want of pro- Tri lS>
viliens : but his nobles who came to Berwick, refufed to accompany him into H;m. 1. 170.
Scotland, on account of the feveriry of the winter feafon and impaiTable roads.
They alfo gave as a reafon for not gratifying the king in what he had lb much
at heart, his own failure in his engagements with regard to the national
charters. Edward was therefore obliged to fend orders to his garriibn, to
furrender his caftle on the condition of fafety of life and limbs, and remained
at Berwick till the Chriftmas feftival was over. While Edward was at Betwick, p'.'g 5 Q.
a letter was lent to him from the guardians -f* of Scotland appointed by the
eftates of that kingdom, in name of John their king, and of the faid eftates,
acquainting him, that the king of France had lately intimated to them, that,
at his requeft, Edward would for a certain time ceafe from all hoftiliues againft
the kingdom of Scotland, which was alfo confirmed to them by John duke
of Bretagne, the king of France's ambaflador in England; on condition that
the Scots fhould defift from all hoftile attacks on the kingdom of England.
They therefore made an offer of fuch ceflation on their part, and to confirm it
by letters under their common feal ; provided that Edward fhould, by his letters
patent, returned by the bearer of the above mefTage, declare his approbation
of the propofed iufpenfion. What return was made by Edward to this letter
of the Scots doth not appear, nor is the term of the propofed truce mentioned
in it ; but Edward's return from Berwick without doing any thing againft the
Scots, may be as probably afcribed to his contenting to the propofed truce, as
to the caufes mentioned by hiftorians.

The liberties of England were ftill gaining ground by the continuance of *• *■ *3 C *
the war with Scotland, the barons availing themfelves of the king's need of
their fervice in that war, to obtain from him renewed confirmations and en-
forcements, and even extenfions of the great charter and charter of forefts.
In a parliament which was called by the king while at Berwick, and which

* Matthew of Weftminfter fays, that the garrifon left by the king in this caftle confided of fixty
archers. He mentions feveral particulars of their bravery, and of the great (traits to which they
were reduced, and fays, that they furrendered the caftle to John de Soulis. Wcftm. ad ann. p. 445.

f Thefe were, William Lamberton bifhop of St. Andrews, Robert de Brus earl of Carrick, and
John Corny n the fon. Their letter was dated from Forreftaldel Torre, Torwood, Nov. 13.

i met

2i 4 THE BORDER-HISTORY OF

Edward t. j^gf- at London hi Lent, confiderable additions were made to former fecurities
^'° " 6 ;"' '. given for the obfervation of thefe charters, and ibme new articles, for the
1300. farther protection of the fubjefts againft oppreffions of the king's minifters
wITc. h^s. or officers, were eftablifhed. It was not however till about the following Mid-
fummer, that Edward fet out on a new expedition into Scotland. He entered
it this year, by the way of Carlifle and the weftern march. He firft re-took
the cattle of Lochmaben, and then marched into Galloway. A petition was
there prefented to him by the nobles of Scotland, requesting him to fuffer
John Baliol to reign in peace over them, and to allow the great men of Scot-
land to redeem their lands from thofe to whom Edward had granted them.
Their adding, that, if thefe things were refufed, they would defend them-
felves to the Eft extremity, had not the lead influence to procure a favourable
aniwer. Soon afterj at a place called Swin, a numerous hoft of Scots ap-
peared in the neighbourhood of Edward's army ; but the king with his fon
and nobles advancing towards them, they foon broke, and fled to their hills
and woods, Suffering no confiderable lofs, becaufe the Englifh with their
heavy armour were not able to purfue them *. Edward afterwards advanced
to Kirkcudbright, having taken the caftle of Caerlaverock, and fome other
places of ftrength.
Auguftis. j^i s progrefs in this expedition was fiopt by a mandate of the Pope,

Pr^ne,ai.87s! brought to him by Winchelfei archbifhop of Canterbury, who, on this and
many other occafions, (hewed himfelf a better Subject to the Pope than to his
king. After overcoming great difficulties in his journey, he came to Edward
near the abbey of Duzques -j- in Galloway, with a letter from Boniface, requir-
ing him to de lift from hostilities againft Scotland, to recall his officers from
that kingdom, and to fet at liberty the bifhops and other clerks of Scotland
whom he had detained in cuftody ; founding his title to make thefe requifitions
not only on his pontifical authority, but chiefly upon the right of direct Sove-
reignty that the fee of Rome had, even in temporals, over the kingdom of Scot-
land $. By virtue of this new difcovered right, he required Edward to Sub-
mit whatever claim he pretended to have to the whole or any part of the
kingdom of Scotland, to ttje decifion of the Roman fee; and for thatpurpofe
to fend his commiffioners within fix months to the prefence of the Pope,
furnifhed with his evidences and arguments, that a definitive judgment might

* Mit. Weffminfter fays that four hundred of them were killed ; and Walfingham ftys, that
on this occafion, the Welch would have been of great fervice in following the fugitives through
iBsrflies and over hills.

f J, xta. no<vam abbothiam de Duzques. Waif, Dufquer. Weft. The memorandum endorfed
O'l the bull itit'lf, accoiding to Prynne, bears, that it was delivered by the archbilhop to the king
nt Carlanoks, (certainly a wrong reading of Carlavock, i. e. Carlaverock) in Scotland.
Prynne, 883.

\ If the pleadings of th-e Scottifh. council by their ap;ent at Rome, in the following year, are to
be credited, the Scots had at Norham, in 1291, alfiitned before Edward, that the Roman church
was fovcteign of the Scottifh kingdom, which allegation the king of England would rot admit,
but fpoke contemptuoufly of it in the prefence of many ; faying, If that Roman priell could fay any
thing for the liberty of Scotland as a dominion belonging to him, he ought to come to Londori
and plead it there in his prefence. Ford. 1. J 1. c. 53, 58.

ENGLAND AND SCOTLAND. 2 , 5

be given according to right. The regency of Scotland had, in the former lattnegnm
part of this year, fent Baldied Biflet archdeacon of Lothian, and William de ^ • Sc _°'^'" i - j[
Eglefham *, to Rome, to reprefent to the Pope their grievances from Edward, ijo->.
and to implore his fatherly aid. The Englifh writers fay, that the Scottifh F «*<*. | '»«' e -5' i
envoys employed the powerful engine of money, to give force to their fup-
plications and argument";. But the calamities fuffered of late by the Scots,
nuift certainly have lefc them little to beftow ; and it is more probable, that
they prevailed with the Pope and his confiftory by the fuggeftion that Scotland
was a fief of the fee of Rome. John Baliol, now in the Pope's power, would
readily alien t to this ridiculous claim ; and Boniface himfelf, elated with his
character of arbiter between the French and Englifh monarchs, and ftill
retaining fequeftered in his hands, the dominions of Edward in France, was
tempted to afllime an authority which none of his predeceffors ever thought
of. Edward's anfwer to Wincheliei was, that he could not give up the ancient
pofTeffions of his crown, nor determine in what concerned the ftate of his
kingdom, without firft confulting his parliament, a meeting of which he would
foon hold for that purpofe. Buc, either chufing to avoid the inconvenience of
incenfing the holy f.uher, or embracing a pretext for putting an end to an Mat Weftn|
expedition, which the fcarcity of provifions was like to render unfuccefsful, p. 439.
he left Scotland in a few days, and difmiffed his army. He alio foon after oa ' 7#
relealed the bifhop of Glafgow from his imprifonment, havinp- firft received „ .. ,

/- 1 • 1 c 11 • 1 /- . ■ 1 • . Rym. 11.567,

from him renewed engagements or allegiance and realty, accompanied with
circumftances of the greateft iblemnity f. This was done at the abbey of
Holmcoultram in the beginning of Oclober-, but, in the end of that month, oa. 30.
the king was again in the Scottifh march, for he then granted a truce to the Rym.>'-86j,
Scots J until the enfuing Whitfunday, on the requeft of the French king,

* Thefe meffengers were fent, according to Fordun, by John de Sou1i% as rhe chief of the
guardians, (tanquam cujiodum primus) with the concurrence of his partners (ajjljlentibus compa^-ibus),
and the prelates and barons of the kingdom. BifTet, in the end of his memoiial, prelented to the
Pope in the following fummer, fay?, that king John, by his deputy, poffeiled the whole kingdom of
Scotland, except three or four calHes on the borders. This deputy was John Soulis, whom,
according to Fordun, Baliol, after he was freed from his imprifonment in England, aflbciated to
John Comyn. He adds, that Soulis, by want of neceflary firmnefs and rigor in his adminiflration,
fell into contempt, and retired to his mailer in France.

They had before endeavoured, in vain, to avail themfelves of the reference that was made in
1208, by the contending monarchs, of their differences to the Pope, pretending that, as allies of
Philip, their differences with Edward fhould fall under the cognifance of this arbiter. Prynne,
iii. 888.

+ His oath upon the body of our Lord, the crofs neyte, and black rood of Scotland, in
prefence of the bifhop of Carlifle, the abbot of Holmcohram, De Barres, and De M'ouney T
envoys from the French king, the friars Wynterbourn and Ingeram, confefTors to the king and
queen of England, and feveral others. Rym. ib.

J This fufferance was notified by Edward, with orders to obferve it, to Patrick de Dunbar earl
of March, Simon Frafer Warden of the foreft of Selkirk, Robert de Manleye (Manley) lord of
Dritton, John Bourdon fheriff of Berwick upon Tweed. The date of this notification was the
fame with that of the truce. And on the Monday after All Saints, the French envoys being at
York, notified the fame truce to John de St. John knight, who had the charge of the march of
Scotland towards Galloway under king Edward ; and to Adam Gurdon knight, who had the
charge of the parts of Scotland, on that fide not fubjeft to Edward, under the governors of the
kingdom of Scotland.

who

2 i6 THE BORDER-HISTORY OF

Edward i. w j 10 declared that he made this requeft, not as an ally of the Scots, but as a

,_° _"_ a _'t friend and an amicable compofer of ftrife. This mefiage of Philip was

ijoo- brought by De Mouney a clerk and De Barres a knight, who feem to have

For . .n.c.37. con f umec j a good deal of time in the negociating of this agreement between

Edward and the Scots -, the abovementioned envoys being in the lift of wit-

nefies to the bifhop of Glafgow's oath of fealty, which was given more than

three weeks before the date of the truce.

Rym.ii.s73. The parliament called by Edward to confult concerning the requifition and

a. d. 1301. claim of the Pope, met at Lincoln on the twentieth of the following January.

To give the greater weight to the judgment of this parliament, the king

caufed the moft eminent lawyers of his clergy, and of both univerfities, to be

fent up to it. Religious houfes and focieties were alfo required, to fearch their

archives, and fend up their chronicles, for giving light to the prefent queftion.

Prynne, Hi. 8S5. This aftembly, after mature deliberation, did, agreeably to Edward's defire,

Rymer, ii. 873. write, in their own names, a letter to Boniface, affirming in the ftrongeft

manner, the undoubted right of fovereignty which the crown and kingdom of

England had over Scotland ; and to fcreen their king from the imputation of

contempt of the holy father, they declared, that they, as the guardians of the

juft rights of the crown and kingdom of England, and as bound by their

oaths to maintain them inviolate, would never confent or permit that their

king fhould anfwer judicially before the Pope concerning thole rights. The

number of barons in the addrefs of this letter is an hundred and four, who all

put their feals to it, for themfelves and the whole community of England.

Edward at this parliament did farther gratify his people, by fettling on a per-

May7- manent and equitable footing, the extent and boundaries of the royal forefts.

lit?' "' 3 ' -About three months after, he fent two knights to the court of Rome, with a

long letter, wherein the grounds of his claim to the fovereignty over Scotland

were fet forth in an hiftorical detail, confiding of nearly the fame particulars,

but more conciiely narrated than thofe that were laid before the Scottifh nobles

ten years before in the convention at Norham ; and the events fince that time

were added, which made Edward, as he pretended, the undoubted ibvereign of

Scotland, not only by property but porTeiTion. In the beginning of this letter

Edward declares, that lie did not mean by it to acknowledge the Pope as a

judge in the caufe, but merely to inform his conscience. This epiftle, with

Edward's other evidences, were by Boniface's order, put immediately into

Ford. 1. 11. the hands of the Scottifh procurators, who having tranfmitted copies of them

«. 46, 57. to the nobles and council of Scotland, foon received in return large inftruc-

tions, containing the evidences of the independency of Scotland, anfwers to

Edward's allegations, and proofs on the other fide. To all which materials,

Bidet gave a more concife and methodical form, accompanied with fome

ord.i ,c. 5 , rea f on i n g S j n a memorial he prefented to the Pope*.

With regard to. the king of England's letter to the Pope, the obfervations
made above, on the evidences of his fovereignty over Scotland, that were laid
before the convention at Norham, are alfo applicable to this letter, in what it

• This memorial in Fordun, is entitled, Procrfus Baldredi BiJJit, contra Figminta Regis Angli*.

contains

Vo*4, 1. b.c t«7.

ENGLAND AND SCOTLAND: 217

contains concerning things which preceded that convention. As to the fub- I " , ^L r * n "7

feqaent transactions, Edward in his letter gives a brief recital of them, placing , , 1/

them in that hghc which beft ferved ro vindicate his own proceedings. ij««.
Several particulars from this account, which either illuftrace certain events, or
make fome addition to what is found in other memorials of the times, are
inferted above in their proper places ; as are alfo fome things from the inftruc-
tions fent by the Scots to their procurator Biffet, and from his memorial. ,

r n • • i ■ • i-i-j L • t_ L r> Innes, Cm.

Thefe lnftructions and memorial, give us a view ot the ideas which the Scots Efliy. sij, 7*$,
at that time entertained of the antiquities of their country and long line of ''*
their kings. By their fables and dark traditions concerning thefe things, they
endeavoured to overthrow the fables and traditions of the other fide. When
they came down to the times of hiltory, their accounts, though containing
fome things worthy of attention *, are in the main very defe&ive and erro-
neous i indicating a great penury of genuine hiftory or memoirs of their
nation. They complain, that Edward, together with the famed ancient chair
of their kings, had carried away the monuments contained in their publick
archives, of the liberty and independency of their kingdom, (b that they
were deprived of the beft means of readily proving their rights ; and this his
violent fubtraclion of the evidences againft him, they argued to be a ftrong
prefumption of the injuftice of his caufe f. Some of the writings that
Edward carried away, have been found in the archives of England; and thefe
writings, together with other originaJ papers in thofe archives, and the rela-
tions of Englifh hiftorians, of many of which, accounts have been given
above in their proper places, are the beft, or rather only authentic evidences
relating to this queftion.

Some endeavours on the part of the king of France to fettle with Edward * S T "" "• g8r '
the peace of Scotland in the fpring and beginning of fummer having failed,
and the truce granted at Dumfries expiring at midfummer, Edward firft fent
a body of forces into Scotland, under his fon the prince of Wales, and foon
after led thither another body himfelf. His fuccelTes in this campaign are not c«te, t«4,
particularly recorded ; but to fecure what he had acquired, and more effectu-
ally to diftrefs his enemies, he refolved to pals the winter in Scotland ; where
through the rigour of thefeafon and want of forage* a confiderable number of
the horfes of his army were loft.

The negociations between France and England for the full re-eftablifhment
of peace being ftill continued, and Philip the French king ftill acknowledging
John Baliol as king of Scotland, and Baliol himfelf and his fubjects of Scot- Rym.ii.89j.
land, as the allies of France ; a truce was concluded at Afniers, and ratified
by the king of France on Chriftmas Day, by which a cefiation from hoftilities

• Among thefe it is worthy notice, and belongs to our fubjeel, that it is aflerted to be notorious
and doubtful to none, that from time immemorial, criminals flying from England into Scotland,
or contrariwife, found in either cafe a place of refuge moft perfectly fecure, and equally fo on each
fide. This is affirmed to refute an aflertion in a letter of Pope Gregory IX. to Alexander II. of
Scotland, a copy of which Edward had, along with his own letter, fent to the Pope. See above is
ann. 1234, IH9*

f Yet they fay, they believe, that the tenor of thefe inftruments, as well as the fubtraftton of
them made by Edward, could Hill be proved by living witnefles. Ford. 1. 2. p. 207.

F f was

2 1 8 THE BORDER-HISTORY OF

Edwar.l I.
K. of England

was. agreed upon, until the firft of November in the following year. The
lands, heritages, and all immoveable things, which the king of England had.

*3°*> feized in Scotland, fince the time that the king of France lent certain envoys *',
who without fuccels had fought from Edward a cefTation of hoftiltties againfl
the Scots, were, during the truce now concluded, to be fequeftered into the
hands of the king of France. Poifeffion of them was to be given to that
king fifteen days after Candlemas. The duke of Burgundy -f, or earl of
Albemarle, by themfelves or luch deputies under them, as were not notori-
oufly fufpicious, were to hold the caftles, fortrefles, courts of ju (lice, and
government of the faid lands, in the king of France's name ; and if peace
was not re-eftablifhed at the time of the expiration of the truce, every thing
was to be reftored to the Englifh king. This king had given his envoys £,
who ne^ociated this treaty, powers to grant in his name, under a certain form,
a fufferance to the Scottiih nation : and although he expiefied his diflatisfaclion
with thefe envoys for admitting Baliol to be called in the treaty the king of
Scotland, or the Scots to be called the allies of France, yet the treaty being
brought to him at Linlithgow where he had kept his Chriftmas, he ratified it
there $ , and loon after fet out for England. Edward in this treaty excepted
out of the number of his allies the earl of Flanders, who had been reckoned
among them in all his preceding truces with France, which feems to have
paved the way for the king of France deferting in the fame manner Baliol and
the Scots, in the treaties of truce and peace which he afterwards concluded
with England.
a. D. 1312. The following year, although it gave fome refpite to the Scots from the

ravages of open war, was productive of events very unfavourable to them.

July 11. The army of the French king under Robert count d'Artois, received a great
overthrow at Courtray in Flanders; and an expedition which the French king
foon afterwards made into that country, was un'profperous. Hence it became
necefiary for him to terminate, if poffible, his differences with Edward, who on his

Nov. 15. part, improving the advantage given him by Philip's diftrefs, did, in a new truce

** which he made with him, foon after the expiration of the former, prevail

Rjm.ib.913. to have the Scots left out. Their patron Pope Boniface alfo forfook them; for

that proud prelate having entered into a bitter ftrife with Philip, which not

long after terminated in his own deftruction, found it expedient to court the

* L'Abbe de Compeign, Mons, Aubert de Hangefl, et Meflre, F. de Flavigni.

f The duke of Burgundy did not accept of this charge, as appears from his letter of excufe
extant in the French archives. Carce, p. 284. From authorities in the fame collections, it appear?,
that John de Soulis governor of Scotland under Baliol, with the prelate*, nobility, and communities
of that kingdom, accepted of this truce on February 23, and according to P. Daniel and, Du
Tillef, it was alfo ratified by Baliol himfelf.

X Their commiffion is dated atDonypas the 14th of Ottober. Rym. ii. 891, 892.
t rynne iii, $74. § I' n *" a 'd ' n tne tll ' e °^ ^'' s truce » as publifhed by Prynne, that the Englilh envoys were re-
proved not only by the king himfelf, his prelates, and nobles, but alfo by the community of the
kingdom,, for having allowed the king and people of Scotland to be comprehended in the truce,
on the part of the king of France, by virtue of the confederacy formerly concluded between the
forefaid kings of France and Scotland.

"* Two days before this truce, November 23, John Baliol gave full powers to Philip, to order-
all his affairs with, the king of England. MSS. Brienne, N. 34. quoted by Carte, ii. 286.

friendship

ENGLAND AND SCOTLAND. 219

friendfhip of Edward, by abandoning a people which he had taken fuch ftrong Interregnum
fteps to protect againft that monarch. In the end of this fummer, he wrote 1 '" " l an ' ,
letters to the bifhop of Glafgovv * as the chief offender, and to all the other 130*.
bifhops of Scotland, charging them with being the incendiaries of the war Ry ^f b ' 5 '
with England, and requiring them, in virtue of the obedience they owed to 9°5>
the head of the church, to return to the ways of peace and concord.

After the expiration of the truce concluded in the former winter, Edward
fent a new and ftrong body of forces into Scotland under John de Segrave,
whom he appointed guardian of that kingdom and governor of Berwick. " e ™- ,? J -
Segrave, about the beginning of Lent, matched with a ftrong body of horle w"]if.Hi«.86,
to the neighbourhood of Edinburgh, and having no apprehenfion of any A ' D> '>° 3 '
enemy near him, had, for the fake of an eafier fupply of forage and victuals,
feparated his forces into three divifions, which were fome miles diftant from
each other. John Comyn regent of Scotland, and Simon Frafer a potent baron
of Tweddale, having collected a fmall army in the neighbourhood of Biggar,
marched thence in one night to Roflin ; and early in the fucceeding morning,
made a fudden attack -f- upon the moft advanced divifion of Segrave's army,
where Segrave himfelf was prefent. This part of the Englifh army, after a
valiant refiftance, was put to the rout, Segrave himfelf fore wounded and taken
prifoner, leveralof his knights were alfomade prifoners, and Ralph Comfrey J
paymafter of the Englifh forces (lain. According to the Englifh writers, Walf '
Robert Neville, who commanded another party of the Englifh at no great
diftance, came up with the Scots, repulfed them, and refcued Segrave and other
prifoners ; but the Scotch writers relate, that their victorious countrymen en-
gaged fucceffively two bodies of Englifh no lefs numerous than the firft, and
by continued efforts of irrefiftible prowefs, overthrew them both, although
their own number was lefs than a third of the army of Englifh which they had
deftroyed. It is probable, that the Scots improved the circumftance of the
Englifh lofingtwo fuch confiderable perfons as Segrave and Comfrey, to mag-
nify the advantage they gained in this action : nor is it unlikely, that in the
accounts of the Englifh, the lofs they fuftained was very much diminifhed,
as well as enhanced by thofe of the Scots. One thing is certain, that in the
remainder of this war, there is no account of any other action of moment in
t he field between the Scots and their conquerors.

A fhort continuation of the truce between England and France, terminated it ft™.**'
in a treaty of perpetual peace and alliance §, by which the Scots were cut off R ym. »• 9-3-

• The fubmiffion of this bifhop and his oath of fealty was not renewed to Edward, or at leaft
his temporalities not reflored until March 5, 1304, when he gives his recognifance of holding them
oi the king, at Cambufitenneth. Rym. ii. 918.

f This conflict, according to the Scotch writers, was on St. Matthias's-Day ; according to the
Englifh, on the firit Sanday of Lent; and the latter fay, that Robert de Neville and his party,
having been attending mafs that morning before they engaged with the Scots, had their piety re-
warded by lofing no lives, nor receiving any dangerous wounds in the fight.

J The Scotch writers fay, that Ralph de Comfrey commanded the Englifh army. Hemingford
calls him Ralph le Cofrer, adding qui ex parte regis ftipendia viinijirabat. (Is this the explication
of his name le Cofrer ?)

§ The earls of Savoy and Lincoln, as proxies for prince Edward, did, on the fame day, efpoufe
Ifabel of France.

F f 2 from

220 THE BORDER-HISTORY OF

Edward i. f r om all farther aid from France. Edward, well knowing this approaching
i ' ° " l "" '. iflue of his negociations with Philip, made great preparations of forces and
>3°3- money for a new expedition into Scotland. Several of the chief men -f- of that
nation were at the court of France when this treaty was concluded : of this
event they gave intelligence to Comyn the regent, and their friends at
home, and encouraged them ftill to refift Edward with their wonted courage;
giving them aflbrances of the earned: interpofuion of Philip, by his ambafla-
dors, to be inftantly fent to Edward on their behalf; which interpofition they
pretended was more likely to prevail, now that a ftrict friendfhip was reftored
between the kings. But thefe were only words ; for F.dward, having appointed
his forces to rendezvous at Berwick at Whitfunday, did, before the middle
of May, enter Scotland in perfon : and he himfelf directing the progrefs and
operations of a mighty army, colleded from all pans of his dominions, and
attended by a fleet on the coaft, penetrated into the remoteft parts of Scot-
land J ; feizing the towns and caftles, and compelling every where communi-
ties and particular perfons to fubmit to his power, and to recognife his autho-
rity. Nor is there any mention made of any confiderable refinance he met
with in this fummer's campaign, except from the caflle of Brechin ; which
Mat.'Weftm. Thomas Maule, its lord, defended with great bravery twenty days, until he
was flain by a (tone thrown from a battering engine.
a. d. 1304. In order to fecure his acquisitions, and perfect his conqueft, he fpent the winter
Fob. 9 th. a t Dunfermling. He received there in February the fubmiflion of John
Comyn of Badenoch the regent, and of eleven knights * in his company, for

thero-

f The perfons meant were, William and M. Bifhops of St. Andrews and DimkeM, John earl of
Buchan, James Stuart of Scotland, John de Soulis, Irjgelram de Umfranville, and William de
Baliol. Mentioning the late aclion at Rollin, they fay, Si/ciretis quanrus honor vobii crcvit fer di-
•ver/a mundi dimata de confiiSu ultimo habito cum Angiitis, multum gauatrelii. They be" iheir
countrymen nor to wonder that fome of them did hot at pre fent come over to Scotland ; but they
fay, That though they would have all cheerfully come, the king of France would not allow them,
until they could carry with them an account of the iflue of his negociation with Edward", on the be-
half of themfelves and countrymen; which being received, whatever it fliould be, they would
come over to them, notwithftanding any danger to which they might be expofed by fea or land.
Philip, no doubt, detained them to make Edward's work in Scotland more eafy. The fix firll—
mentioned of them appear, by the agreement which Edward made with John Comyn of Badenoch,.
&c. in the following February, to have been ltill out of Scotland. Ryl. p. 370. No mention i*
made of Baliol in this letter.

J Hemingford, Walfingham, and Trivet fay, That Edward fet out from Roxburgh, and
advanced as far as Caithnefs. Fordun fays, That having marched through both plain and hilly
countries, he came to Lochindorb; and making fome flay there, received the northern parts to his
peace, and fettled governors in the caftles and walled towns ('villii firmatii). From dates in
Rymer, he appears to have remained fome weeks at Kinlofs in Murray, where there was a mona-
stery of Ciftertians founded by king David in 11 50. Jts firft abbot Afceline and his monks were
carried from Melrofe. Spottifwood's Rel. Houfes, p. 256.

Hugh Audely coming into Scotland with king Edward, attended by frxty men at arms, took up>
his quarters at the abbey of Melrofe. John Comyn the guardian made an attack upon him in the
night, forced the gates of the abbey, and killed feveral of his men. Sir Thomas Gray fled over
the bridge, and defended a houfe until he faw it in flames over his head. He then came out and
was taken prifoner. Lei. Coll. p. 541.

* Thefe knights whofubmitted along with John Comyn were, Edward Comyn of Kilbride, Jbha
<le Graham, John de Vaux, Godfrey de Roos, John de Maxwell the elder, Peter de Prendregueft;

Walter

Jnferrepnurn

Scotland.

1104.

Ry).

P.iC.

Par]

, p. 369,

*"o.

Tri»

■ P- 337-

Cod.

Mtu.

ENGLAND AND SCOTLAND. 221

themfelves and all their adherents, who were willing to come to the king's
peace. Comyn having probably found, in his own Highland country, retreats
that were inacceflible to the Englifh, waited till almoft all the reft or his coun-
trymen had made their fubmiffion to the conqueror-, yielding, at laft, to
neceffity, he accepted of the terms which Edward by his delegates, offered to
him, his companions and abettors. Thefe, like thofe who had fubmitted
before them, were to be fafe in their lives, limbs, and heritages, and alfo free
from imprifonment ; but to be fubjeft to fuch fines for their trefpatres commit-
ted againft: Edward, as he and his parliament fhould ordain. The l'trong-
holds of the kingdom were to remain in the hands which then held them, until
a farther fettlement by the king in parliament. Prifoners and boftages were
to be" on both fides releafed, and what remained due of ranfoms forgiven. A
few were to undergo exile for (hort periods. Sir William Wallace had no other
condition than to fubmit, if he pleafed, to the king's mercy.

Edward, as he marched northward, in the preceding fummer, had left
behind him unreduced the caftle of Sterling -f, being unwilling to confume, in
the fiege of that fortrefs, the feafon fitteft for exploring and fubduing the
Wild and mountainous tratts beyond it« When every thing elfe had fubmit- Rym. ii. 950 .
ted, this garrifon continued ftill obftinate, contemptuoufly rejecting repeated " r *™', IC %
charges and admonitions from the king to yield, and pillaging and deftroying m. w. 44 g,
his fubjects, whenever they had an opportunity, Wherefore, in a convention £, 449 ' 4S °"
which the king held in the time of Lent, at St. Andrews, where he refided
during that holy feafon, and in which convention the great men, both of Eng-
land and Scotland, confulted in common about the fettlement of the affairs of
Scotland ; the garrifon of the caftle of Sterling, after a folemn trial, were de-
clared outlaws, and a fentence of outlawry pronounced againft them. But
this fentence not availing to bring that important fortrefs into the king's pof-
feffion, he laid clofe fiege to it after Eafter *, with the forces both of England and
Scotland. The befieged, being well furnifhed with provifions and engines of

Walter de Berkeley de Kerdau, Hugh de Erth, William de Erth, Tames de Roos, and Walter de
Rothevan. 1 hofe who on the part of Edward treated with them were, Richard de Burgh earl o'f
Hitter, Eymar c'e Valerce lord of Monlignai, Henry de Percy, and John de Binftede clerk. The
agreement is dated at Strathorde.

f Hemingfbrd fays, That the reafon of the king's not taking it laft fummer, was, that hi; men
might be hindered from deferring, by the dread of falling into the hands of the garrifon in their
way towards England.

X Fordun calls this convention a parliament; and fays, That Edward paffed the Lent, quadra-
g'Jtmawt, at St. Andrews, from which city there are feveral papers, dated in Pryrne, in the months ° r ' ' '*' C ' *'
ol March and April. The Merton college MS. of Trivet, (ays, That the king afltmbled this par-
liament at St. Andrews, about Mid-lent, to which all who were fummoned came, excepting Simon
Frafer and William Waleys, and thofe who held the caftle of Sterling. This aflembly being alked
by the king, their judgment concerning thofe in the caftle (and probably alfo concerning Frafer and
Waleys), they all agreed to declare them outlaws. Edward alfo aflced the Scottifh grandees, What
each of them would pay for his ranfom ? and being gratified, by all of them fubmitting themfeUes
fimply to his will, he would not demand any thing from them at that time.

• The Merton col ege MS. of Trivet, mentions the day on which the fiege began, viz. April 22.
Jn die Sti. Georgir pracedente. And Trivet relates, that the king provided great numbers of en-
gines, as well as vail ftore of wine and victuals, for carrying on this work, fuit tanta multitude
ingenierum, tanta ccfia iiini et vifiualium utftnguli mirarentur. Triv. 338.

7 defence,

222

THE BOR-DER.HIST.ORY OF

EdwarJ I.
K. of England,

»3°+-

July »4th.

''.( :n ii. 5 ) j .
Hem, i. 20/.

Triv. 335.
Matt. Weflm,
?• 45°.

defence, made a moft defperate refiftance for about three months, until all
their defences were beaten down by' the vaft ftones and balls of lead * thrown
from the king's engines f raifed higher than their walls •, and the ditches being
alfo filled up with earth and ftones, and every thing ready for a laft affault,
they then offered to yield tbemfelves to the king's mercy, employing fome of
his nobles to intercede for them. But Edward was deaf to thele interceffions
for feveral days •, during which the garriibn ceaied from all manner of defence.
At laft he granted leave to William Olyfard, with twenty-five of the chief
men that were with him, two of whom were monks, to come into his prefence;
where, in the pofture and guife of miferable fuppliants, they made an uncon-
ditioned furrender of their perfons and pofieflions. to his will, imploring with
fighs and groans fome fhare of his unmerited grace. Thefe circumftances
moving the king's companion, he fpared their lives ; and commanded the lieu-
tenant-marfhal of his army to detain them priloners without fetters. Olyfard
was - lent to the Tower of London; and. the reft, being more than one hundred
and forty in number, into prifons in different places of England J.

To complete the humiliation of the Scots, and wholly to blaft to them
every hope of relief, it was agreed this year, between Edward and Philip, That
the former fhould expel from his dominions the Flandrians and all other ene-
mies of the French king; on condition that Philip Ihould. do the fame, with
regard to Edward's enemies, the Scots, who remained, and were protected
in his kingdom. This agreement was, on both fides, to be executed before
Midfummer §. Edward's work being thus completed in Scotland, he left it
under the guardianfhip of John de Segrave||, and entered England about the
end of Auguft, accompanied by feveral of the Scottifh earls and barons. Af-

* Balls of lead. Fordun fays, He caufed the who'e lead of the monaftery of St. Andrews to be
taken off, and carried to Sterling, for conftrutling ?nachines, ad machinal conftruendas, 1. 12. civ.
Hemingford fays, That Edward had, at this liege, feveral wooden machines that threw ftones of
one hundred, two hundred, or three hundred weight, p. 20:;.

\ Matthew Weftminller mentions two machines employed in this fiege; one called a Ram, and
another a Wolf. The Ram, being clumfy and ill contrived, was of little ufe. The If'olf, though'
lefs expenfive, did more harm to the befieged, p. 449.

J The relation of this fiege and capitulation, or furrender, is taken chiefly from the notorial
instrument of it, publifhed by Rynier, with which Hemingford's and Trivet's account agrees beft.
All the Englifh hiftorians mention the garrilbns alking at rirlt their lives and limbs; but of this
requeft no mention is made in the inftrument. Fordun mentions a written capitulation, and charges
Edward with breach of faith, in fending Olyfard prifoner to England ; but this accufation is ground-
lefs. Matt. Weftminlter, a cotemporary writer, gives a more circumftantial account of this famous
fiege than the other annalifts, ftriving to blazon, by his pomp of defcription, -Edward's vdour and
good fortune.

Of the twenty-five who came out of the caftle to fupplica'e Edward's mercy, there were feveral
that bore the names of noted Scotch families : William and Hugh de Ramfey, Ralph de Halibur-
' ton, Patrick de Polleworth, a Vipont, and Napier, and a Wifturt, and three Olivers, .befides the
governor. Trivet calls William Olyfard milium admodum flrenuum et cordatum.

§ Hemingford fays, That the banifhnicnt of the Flandrians was believed only to be a pretence,
fub colore ut creditur ; for they foon returned. Hem.

|| Trivet, whom VValfingham copies, fays, That Segrave was left, by the king, guardian of Scot-
land ; but from the inftrument of the fettlement of Scotland, in September 1305, he appears to have
been, in the former part of that year, the king's lieutenant only in Loeneys, ;'. e. in Lothian, and .
the adjacent counties towards England. Ryl. p, 503.

ter
3

ENGLAND AND SCOTLAND. 223

ter vifiting fcveral places in the* northern counties, he came to York ; and F n, " r «i n m
rem .vecl thence the courts of his !)e:u ';, Exchequer, and Chancery, to their .'" c _° " '_ f
accuflomtd place at Weltrninller, alter they had continued more than ieven «i°4.

years at York, for the fake of being nearer the king, in his Sccttifh wars. TVHit/i»o7

We are not informed of any farther proceedings of Edward relpecling Scot- tn cferiftmas
land, until the parliament, which he held at Wi-ftminftcr in the Lent of the 'a^d. 130a
following year. The chief bufinefs of this parliament was to concert proper
meafures for reprefTing domeltic diforders and crimes, which had grown to a
great height in England, during Edward's wars with France and Scotland ;
but Tome of the great men of Scotland, who were prefent in this parliament*, Ryi. Piac.
were ordered by the king to give their opinion about a proper reprefentadon of Pari, *43«
their countrymen, in a parliament which the king propofed foon to hold at
London, for making a full Jettlement of the government and police of Scotland +. FriJiv.
Agreeably to their advice, the communiiy^o? Scotland, by Edward's corn- Marct »*»
matid, aflembled at Perth, on the day after the feaft of Afcenfion, and made y,p '* 7 *
choice often reprefentatives ; two for each rank of freemen in the kingdom.
Thefe reprefentatives were, the bifhops of St. Andrews and Dunkeld, the
abbots of Cowper and Melros, the earls of March and Buchan, John de Mou-
brai §, and Robert de Keth for the barons, and Adam de Gurdon, and John
de Inchmartin for the communities of burghs on either fide- of the Scottifh lea.
The expences of thefe reprefentatives were appointed by the king to be de-
frayed by the public.

The time of holding the parliament, to which thefe reprefentatives were to
repair, was firft appointed to be the middle of July. It was prorogued from
hence to the middle of Auguft, and hence again to the middle of September.
In this interval, Sir William Wallace, the deadly foe of Edward and the
Englifh, who continued in arms, afferting his freedom, while all befides Tttr *<«>*"* *'
crouched under the yoke, was, by the bafenefs of Sir John Menteith, gover-
nour of the cattle of Dunbarton, who had been his intimate friend, leized
near Glafgow, and delivered into the hands of his enemies. Being carried
prifoner to London, he was tried in Weftminfter-Hall, and condemned as a
traitor [|. The fentence was executed againlt him in all its rigour, his head
was ereded on a poll on London-Bridge, and his four quarters fent to be hung Au e u ***.

* Thefe were, the bifhop of Glafgow, the earl of Carrick, and John de Moubrai,.

•j- Super Jiatu regni el hominum Scotia. Rec. Ryl.

X It is called communitas terra Scotia in the record.

§ John de Moubrai, returning from the Englifh parliament in Lent, had leave from the king to
carry with him Ralph de Haliburton, one of the defenders of the cattle of Sterling, on giving fecu-
rity to bring back the fdid Ralph to the July parliament. It is faid in the record, That he was car-
ried into Scotland, in auxilium aliorum hominum terra illius qui circa captionem H'illielmi TValeys nja-
cabunt. By his diligence in this fervice, he was probably to recommend himfelf to farther favour
from the king. John de Moubrai again obtained leave to carry Haliburton into Scotland from the
parliament in September, on giving fecurity to bring him back to the parliament after Ealler; that
it might befeen, in the interval, how he would behave, quomodo idem Radulphm ft •velitgerert
It habere. Ryl. PI. Pari. p. Z79.

|| He rejected the charge of being a traitor to the king of England, but confefled the other
things of which.he was accufed. Stow, 209. He is faid to have left iflue one daughter, married to
Sk WiUiam Baillie of Hoprig, from whom is defcended Baillie of Lamington.

224 THE BORDER- HISTORY OF

Edward i. U p to publick view in four great towns of Scotland. Wallace's pertinacious
v ° _ - '_V refiftance, after his country was entirely fubdued, and the cruelties by which
1305. it is probable he had too often gratified his inexpiable hatred of Englifhmen,
were the foundation of Edward's levere proceedings againft him ; but whatever
may be faid for the equity of thefe proceedings, they feem to have been very
repugnant to found policy. This fhould have dictated to Edward every
meaiure that tended to conciliate to him the love of a people whom he had
found it fo hard to fubdue or govern by force •, but he could not have devifed
any thing that tended (b much to alienate their hearts, or to kindle in their
breafts a refentment not to be extinguifhed, as the cruelty and indignity with
which he treated the man who was their chief hero and idol.

In the parliament which met at Weftminfter in September, nine of the
Rvi pi. Pari. Scottifh delegates were prefent. Earl Patrick * did not attend, for what
p- $*l> reafon is not known. By the commandment of the king, Sir John Monteitb f

was fubftituted in his place-, and with thefe, ten Scotchmen and twenty- one
EnglilTimen were appointed J» to treat of the affairs of Scotland. All of them
were (worn in the molt folemn manner to give their beft advice about thefe
affairs; the king declaring that their advice ihould be the rule of his conduct.
They pave their advice concerning the perfons to be employed by the king in
the offices of magiftracy ; from the king's lieutenant § John ds Bretagne,
down to the fheriffs of the fcveral counties •, and alfo concerning the governors
of caftles. The mod remarkable new eftablifhment in the civil government,
was that of four pairs of juftices ; a pair for each quarter of the kingdom,

• So called.

f Monfteur Johan de Meneteth. Would not this be moft offenfive to the Scots in general, and to
the earls in particular ?

J Monf. H. de Percy was one of this number, alfo fire Johan de Sandale chamberlain of Scotland,
the bifhops of Worcefter and Cheller, earls of Lincoln and Hereford, abbots of Weftminller and
Waverley. John de Haftings was one of them, but was abfent on account of ficknefs. Some of
the Englilh judges were alfo of the number.

§ John de Bretaghe was at this time appointed guardian of the kingdom. Sire William de
(a) Bevsrcotes Bevercotes (a) was to continue chancellor, and fire Johan de Sandale chamberlain, whole comp-
and Sandale trailer was to be fir Robert Heron. But as John de Bretagne could not come into Scotland fooner

were both t h an tne fi r (t Sunday in Lent; the interim guardianlhip of the kingdom was intruded to the bifhop

clergymen. ^f g { _ Andrews, de Sandale the chamberlain, Robert de Keth, and John de Kingfton (Rym. ii.

290). The two juftices of Loeneys, were John de Lifle and Adam de Gurdon ; of Galloway,
Roger de Kirkpatrick and Walter de Burghdon ; of the country beyond the Scottifh fea, i. e.
between the river Fonh and the mountains, Robert de Keth and William Inge; and of the country
beyond the mountains, Reynaud de Chien, and John de Vaux of the county of Northumberland.

The counties are in number twenty-three; thofe of the three Lothians being accounted as one,
and having only one fheriff. The chamberlain of the kingdom, who had the keeping of the caftle
of Berwick, was to put under him one as fherifFof Berwick, for whom he would be anfwerable.
The conftables of the caftles of Stirling and Dumbarton, were at the fame time fheriffs of the
counties fo named. Three that were fheriffs by fee, were continued. One of thefe was fheriff of
Selkirk. The fheriffs were in general to be either natives of Scotland or Englifhtnen. The
lieutenant, chancellor, and chamberlain, were alfo to take care that there fhould be AilTicient
coroners. Btfidcs the caftle of Berwick, the other caftles named in this ordinance are thofe of
Roxburgh, Jedburgh, Edinburgh, Linlithgow, Stirling, and Dunbarton. The kings lieutenant
was to have in his hands the caftles of Roxburgh and Jedburgh. The keeping or conftabulary of
the other caftles, were to continue in the polfeflion of thofe who then held them. The king's
lieutenant and chamberlain, when they came to Scotland, were to fettle the garrifons of the caftles
of Stirling and Dunbarton, whofe governors were William Billet and John de Meneteth.

two

Carte.

ENGLAND AND SCOTLAND.

two for Loeneys or Lodonia, two for Galloway, two for the country beyond
the Scottilh fea, or between the river Forth and the mountains, and two for
the lands beyond the mountains. The king's lieutenant, chancellor, and
chamberlain, had power to change the juftices and the fheriffs, as they judged
for the king's honour and good of the country. With regard to the laws and
ufages of Scotland, it was ordained, that the ufage of the Scots and Britons (a)
fhould henceforth be totally abolifhed : and for a farther lettlement of the
laws of that kingdom, it was ordained, That the king's lieutenant fhould, on
his arrival in Scotland, afTemble the eftates, before whom the laws made by king
David, with the amendments and additions of fucceeding kings, fhould be
read. The lieutenant, with his council of Englifh and Scots, fhould amend
the laws and ufages that were evidently againtt God and reaibn, fo far as they
were able, in fo fhort a time, and without the king's advice. A diftinft
report in writing was to be made to Edward in his next parliament, on the
feaft of Afcenfion, of the proceedings and opinions of this aiTembly, with
regard to the important fubjeft of the reformation of the Scottilh laws; and
they were alio appointed to elect reprefentatives, with full powers to onclude
with others appointed by the king concerning fuch regulations as fliould tend
to the better government of Scotland for the future. The governor was ap-
pointed to confult with the chief men of Scotland, concerning thole who were
mod likely to difturb the publick peace •, who were to be fent inco England to
the king under fair and alluring pretexts, that he might detain them on the
other fide of Trent, if he fhould fee it expedient. Mention is made in this
ordinance * only of two offenders, Alexander de Lindefai and Simon de Frafer,
the former of whom was to continue out of Scotland only half a year •, but
the other was to undergo an exile of four years, and was not to refide during
that time in the dominions either of France or England.

At the end of this feffion of parliament, Edward publifhed his aft of grace
to the offenders in Scotland, declaring, that on account of their good and
loyal behaviour fince he lafb left Scotland, and from the hope he had of the
continuance of fuch behaviour, he granted them fafety of life and limbs, with
freedom from impriibnment and forfeiture ; but as it was not fit that their
repeated rebellions and the many horrid outrages committed by them fliould
pafs unpunifhed, he impoled upon them, by the advice of his council, fines of
one year or a few years rents of their eftates j-. In order to levy thefe, the

lord-

Interregnum

in !-c<. land.

y , >

1305.

(a) The Breti
or Britons were
moil prnoably
the Galwedians,
who in the laws
of Alexander II.
e. z. are faid to
have had proper
and fpeciai li;v»
of their our.

oa. it.

Ryl. 166.

• A memorandum is annexed to this ordinance about the eftablifhment of Scotland, bearing,
that the king at this parliament gave order before his council to the chamberlain of Scotland, that
the burgages of Berwick fhould be delivered and held, according to the eilimates that were made
by his commandment fince the conquelt. And that no charter purchafed to hold by fmaller extent,
fhould be allowed. Ryl. p. 508.

f The clergy were to pay one year's rent of their eftates, except the bifhop of Glafgow who
was to pay three. Thofe who fubmitted to the king before John Comyn, were to pay the rent of
two years. John Comyn and thofe who fubmitted with him at Dunfermling, were to be fined of three
years rent. Ingelram de Umfranville, WillianVBaliol, and John Wychard, knights, had come to
the king's peace and will, but a little before the prefent letters were granted; for which reafon the
fine of Umfranville was five years rent, the higheft of any ; that of Ualiol and, Wychard four, and

G g that

22 g THE BORDER HISTORY OF

Edward I. lord-lieutenant and chamberlain were to caufe reafonable extents to be made of
k. of England. ^ annual revenues of their lands ; one half of which v/as to be paid to the
1305. king until the whole ranfom was cleared* and the other half during that
interval, to be left to the proprietors for their fuftenance. The exile which
fome of thofe v/ho fubmitted at Stirling were, by the terms of that fubmifiion,.
to have undergone, was in this adl of grace remitted, particularly to John>
Comyn of Badenoch and the bifhop of Glalgow.

Edward no doubt flattered himlelf, that by a due proportion of mercy and
feverity in the meafures above related, he had fecured the fubje&ion and
A.r>. 1396 future quiet of Scotland. It is not however difficult to perceive how offenfive
many of thefe new orders would be to the people of that country ; parti-
cularly the abolition of the ufages of the fiercer pare of the kingdom, and the
project of making great alterations in the laws by which the more civilized
?ord, 1. U..C.4. p arc Q f j t j iac j k een g 0vem ed. The Scots writers alio fpeak of their Engliih,
magiftrates and governors exercifing their power in a very arbitrary and violenc
manner j and certainly by this time, mutual national hatred had been lb in-
flamed, that the people of either country muft have been very unfit rulers for
thofe of the other, in circumftances which excited in the Scots the warmeftr
withes of a deliverer, and before their martial temper and habits had had time-
to undergo any decay, a leader every way fuited to their defires, prefented
himfelf in the perfon of Robert Brus earl of Carrick *, who, in the flower of
his age, was endowed with extraordinary abilities both of body and mind.
It is probable, that the death of John Baliol, which happened about this
critical period in France, together with the captivity of his eldeft fon Edward
in England* fuggefted, or at once matured the thoughts entertained by Brus
and his friends, of leizing the throne of Scotland. The Scottifh writers fay»
that John Comyn -f of Badenoch, who was the fon of Ballot's fijter y and,
after the Baliols, the next heir in that line to the crown, did, by a fecret
bargain, quit his claim to Brus. The fame authors add, that Comyn revealed
Brus's ambitious views to Edward ; but the Englifh annalifts only relate, that
Hem voi. ;. Comyn was firm in his fidelity to their king, and at a meeting at Dumfries, to
s-i'9- which he had been invited by Brus, did obtlinately refufe to join in the defign

Feb loth. °f raiting him to the throne ; by which oppofition Brus being incenfed,

that of f.ins of their vaflals who came in with them, three. The king referved, to be difpofed
f f at his pleafure, the lands, &c. that John Baliol had alienated from the demefnes of the crown;,
and this aft of grace extended to none who were the king's prifoners, nor to thofe who had not
come to his peace and fealty.

* Robert de Brus the fifth, (viz.. of the name of Robert) the grandfon of that Robert de Brus,
who, as was above related, contended before the king ef England for. the kingdom of Scotland,
Hem. vol. i. p. zi-8.

•f- John Comyn was firnameJ the Red, Johannes de Red Comyn. Ford. Carte fays, that Win ton
is the only ancient writer who fays, that Baliol's lifter was John Comyn's mother, and is not con-
Silent with himfelf in this account. In the convention related by Fordun between Brus and
Comyn, the former calls the latter, coufin or kinfrnan.

This John Comyn married Joan, one of the filters and co-heirs to Aymer de Valer.ee, earl of
Pembroke, who died in 1 3.23. He had by her one fon John, who married a filler of Thomas lord
Wake, but had no children, and two daughters, Joan married to David de Strathbolgi, eail of
Athol, and Elizabeth to Richard Talbot, who were principal aftors in raifing Edward Baliol to the
throne of Scotland.. Dugd. i. 68$. 777. 539.

ftabbed

ENGLAND AND SCOTLAND.

227

■

•(tabbed Comyn with his dagger*; but the wound not proving immediately intmeenum

mortal, fome pf Brus's friends completed the murder -J-, in the church or" the " cu . a "^_ ,

Grey Friars in that town, where part of Comyn's blood was fpilt on the altar. 130s.

Brus immeJiately after feized the caftle, driving out the judges who were then

luting in it. Being foon after joined by many of his compatriots ot all ranks,

he imprifoned Edward's fheriffs, feized his lands and caftles, and laid wafte the

eftates of thole who oppofed the begun revolution. The Englishmen, ex- Ry"-"-?**-

cepting thofe who were in the garrifons, fled as fa ft as they could to their own

country^; and Brus by content, and in prefence of a confiderable number March *j.

of the chiefs of his countrymen, both churchmen and laics, was crowned at

Scone §.

To oppofe this very unexpected infurreclion, Edward's firft meafure was to
fend immediately into Scotland Aymer de Valence, who was appointed lieu- Rym.ii.9Jt.
tenant under the king, and captain over the counties of York and Northum-
berland, and in all Loudonia and the neighbouring places of Scotland, as far
as the county of Dumfries; and all military tenants in thefe counties were
ordered to obey and follow him, in repreffing and fubduing Brus and his ad-
herents. Robert de Clifford and Henry Percy were joined with Aymer in Hem, jh,
this fervice ; and all of them with forces from the northern counties of Eng-
land, entered Scotland in the beginning of fummer; and were joined there
by the partifans of Comyn and others, who continued faithful to the Englifh
monarch.

The decays of old age beginning to be felt by Edward in his own perfon ft,
he fought to kindle a military fpirit in his eldeft fon and heir, and to animate
him to maintain his father's conquefts, and avenge his quarrels, by conferring
upon him, in a very folemn manner, the order of knighthood. This ceremony
was performed at Weitminfter on the feaft of Pentecoft; and, in confequence
of a fummons that had been published over the kingdom, about three hundred
youths, many of them of the greateft families, were knighted at the fame
time with the young prince, and by that circumftance were attached to him as
his brethren and faithful companions in war. And it being ufual on fuch
occafions to vow fome feat of arms, the old king vowed to avenge the con-

* Barbour fays, with a knife.

■J- The perfon who completed the murder of Comyn was fir Thomas Kirkpatiick ; and in memory
of this deed, the family of Kirkpattick have taken for their motto thefe words. I tvill fecure bim.

X Mat. Weftrrinfter fays, they fled to Berwick, ad municipium Bervici. Weftm. p. 453.

§ Hemingford fays, there were prefent at his coronation, foiT bimops, five earls, and the people
of the land. Fordun fays, that Brus was crowned on the fixth of the calends of April, i. e. the
twenty-feventh of March, being a Sunday; and Goodall, in note, p. 232, fays, that this account
of Fordun's is true, whatever others fay. Ford. 1. iz. c. 9, 10. Matt. Weftminfter feems to re-
concile thefe different accounts, by relating that Robert, after being nrft crowned on Friday the
twenty-fifth, caufed himfelf to be crowned anew on the Sunday following, being the twenty-feventh,
by the countefs of Buchan. She took upon her, it is faid in Lei. Coll. i. 542. to crown Robert
Bius, becaufe her brother the earl of Fife was abfent, lying at his mauor of Witnik, by Leicefler.

|| When Edward firlt heard the news of Brus's infurredlion, he was keeping Lent at Winchefter.
At Eaiter, in an affembly of his jreat men, he conferred the dutchy of Aquitane on the prince of
Wales. (This grant is dated in Rymer, at Winchefter, April 7th.) After Ealter, the king was
carried to London in a chariot, ( currizando, Triv.) becaufe he was not able to ride, by realbn of
a weakness of his legs, fob infrmitatem %uam babuit in tibiis.) Triv. 343.

G g 2 tempt

Jane

54.

Sunday a
Hem.

fter.

June lo,

Ford

Auguft
Ford. 1.

II.
12.

<• lit

Foid.

22S THE BORDER-HISTORY OF

E f W E " d ,'' nt i tempt done by Robert Brus to God and the church ; after which he would
^ - _.' never more bear arms againft Chriftians, but finifh his days in warring againft
*3 C 6« the infidels in the Holy Land. His fon alfo vowed never to tarry two nights
in one place, until he arrived in Scotland, to carry into effedt the vow made by
his father. His companions vowed the like revenge of John Comyn's murder.
Accordingly the prince immediately fet out towards Saotland with his knights-
companions. And the old king with his queen following (lowly, appointed a
general rendezvous of his army at Carlifle, on the eighth of July, to advance
with his fon againft the Scottifh rebels.

But before the time of this rendezvous arrived, Robert Brus, with his
army, being attacked by Aymer de Valence, who iffuing forth from Perth, came
upon Robert by an artful iurprife at Methven, was totally routed, and many
of his followers taken or killed ; himfelf and a few of his friends efcaping
with the iitmoft difficulty to the mountains*. After he had wandered Ibme
weeks among thefe, accompanied by a fmall and refolute band, he was again
attacked and routed at Dairy, on the confines of Athol and Argyle, by the
men of Argyle -f, under the conduct of the lord of Lorn, who being nephew to
the decealed John Comyn, was Brus's deadly foe. After this defeat Brus was
reduced to a lblitary and forlorn condition, and endured the moft dirtrefllng
wants and hardfhips : at laft he found means to pafs over the Frith of Clyde
to Cantire; and ftill diffident of his iafety there, he fought it in the fmall and
negleded ifland of Rouchrin, fituated between the peninfula of Cantire and
Ireland, amid the raging waves of the Atlantick. The only nobles who ac-
companied Robert in his flight and all his diftreffes, were the earl of Lennox
and Gilbert de Hay J.

Thefe events left little elfe to be done by the great Englifh army §, than to

* It is faid, that Robert Brus himfelf was taken prifoner at the battle of Methven, by John Halt-
burton, who, ondifcovering him through his difguife, fufFered him to efcape, Lei, i. 54.2.

The Englifh hiflorians Hemingford, Trivet, Weftminfler, Walfingham, all relate, that Robert
came befo;e Per;.h with a body of horfemen, having all of them linen fhirts covering their armour,
as a difguife to conceal them. They challenged Aymer, who had lately come into Perth with a
confiderable number of Englifh gens d'armes, to come out and fight them. Aymer accepted of the
challenge, but faid he would not fight that day, but the next. Brus, on this anfwer, retired to
Methven, fecure that his enemies would not difiurb him that night; but vshile he and his army were
ca:elef>ly refrefhing themleives, Aymer came forth up.n them, and put them wholly to the rout.
Brus made all the efforts he could, and would not have efcaped without the aid of Simon Frafer,
who raifed him thrice to his horfe, when he was beaten from it. The white fhirt alfo helped to fave
him ; for unlefs he had been difguifed, many of the Englifh mufl have known him. The ilratagem
or lie of Aymer, Carte does not mention.

-f Barbour calls them the barons of Argyle, p. 40. v. 9. and fays there were a thoufand of
them.

J So fays Fordun. According to Barbour, James Douglas was another of his infeparable com-
panions; having joined him near Lochmaben, when he firft fet out from thence, after the murder
of Comyn.

§ Walfingham, in Ypod. Neuftr. fays, That young Edward, with his companions, entering
Scotland, was always a day's match before the old king; and in profecuting his vow of vengeance,
fpared neither ftx nor age, and burnt every village and hamlet in his way ; at which his father is
faid to have been much difpleafed : and having chid him for this cruelty to the poor helplefs people,
commanded him always to be merciful to fuch, becaufe they feldom contrive or do any thing with-
out the command of their lords. Yp. Neuftr. p. 498.

purfuej

ENGLANDANDSCOTLAND. 229

purfue, and captivate, and deftroy. The powerful faction of the Comyns and ^■ oh " t ^ ru V

i r. • • • 1 t^ in • 1 • I 1 n. 11 n > n. 1 • K. of Scotland.

other Scots joining the Engliih in this work, almolt all Brus s nearelt relations

and mod zealous friends foon fell into the hands of their enemies. In the »3° 6
caftle of Kildrummy in Marr, where Aymer de Valence expected to find Brus
himfelf, was taken his brother Neal ; who, with the other perfons of note in
the garriion, were lent prifoners to Berwick. The king, on account of his bad
health, having, on the approach of winter, taken up his refidence in the con-
vent of Lanercoft in Cumberland, lent from thence juftices to Berwick to try
Neal Bruce and his accomplices, who were condemned to be hanged, drawn,
and quartered ; and the fentence was rigoroufly executed. The like punifh-
ment was inflicted at Dumfries on Chriftopber Seton -f, a native of England,
who had married Robert Brus's filter ; and at Newcastle on Chriftopher's
brother, John ; as alio at London on John de Strabolgi earl of Atkel J, and on
Simon Frafer, which latter was lcarce inferior to Wallace in ftrength and
bravery. In general none were fpared who were convicted of being accefTary Rjl. p, jio,
to the afiaffination of Comyn, either in its execution or contrivance, or of
receiving and protecting thofe who were.

Even the tender fex and clerical order did not efcape what Edward feems to
have thought jult vengeance. Robert Brus's queen, as fhe fled to a fandtuary
at Tain, being feized by William Comyn earl of Rofs, was fent to the Engliih
king, who (hut her up a prifoner in one of his own houfes ; but from regard
to her father the earl of Ulfter, commanded her to be well treated *. Chriftina,
filter of Brus, who was wife to Chriftopher Seton, and Margery Brus's daugh-
ter, were intrufted to the charge of Henry Percy, who fhut them up in
convents. But a Angular puniihment was contrived for the countefs of
Buchan ; who being filter to the earl of Fife, fled from her hulband John
Comyn, carrying along with her his war-horfes, to Robert Brus at Scone, and
put the crown on Brus's head; thereby affecting to perform the office that Seeab0T «»
hereditarily belonged to her brother, who was at that time with the king of
England. Edward appointed her to be ibut up in a wooden cage § in one of

f Taken in the caftle of Lochdor, Triv. He had formerly killed at Dumfries a fherifF of the
Engliih king, i. 543.

\ Mat. Wcftminfler fays, That this earl de Jlirpe rsgali Jihi originem iiindicavit ; which was a
reafon of Edward's treating him more feverely, inftead of more mildly, on account of his trea-
cheries in England, Scotland, and Flanders. In Lei. Coll. it is faid, That the earl of Athol was
coufin to the king of England, and ion to Maud of Doufe his aunt. Lei. Coll. i. 543.

* She was to be fent to Bruftwick, which feems to have been in Holdernefs, becaufe Richard
Oyfel, fenefchal of Holdernefs, was appointed to fupply her with all neceffaiics. The king
ordained, qe sle gijje en la plus bclc maifon du mancir a fa 'volunti.

§ The chamberlain of Scotland, or his lieutenant at Berwick upon Tweed, was ordered to caufe
this cage to be made of fufficient ftiength ; in which fhe was to be attended and ferved by one or two
Engliih women of the town of Berwick; and no Scottifh man or woman, nor any other perfon,
except the fervant or fervants appointed her, were to be fullered to have accefs to her. This
order is from a French original in Rymer. Weftminfter, a cotemporary writer fays, That the
king declared, that as fhe did not ftrike with the fword, fhe mould not die with the fword ; but
ordered her to be (hut up in an habitation of ftone and iron, fhaped like a crown, and to be hung '
out at Berwick in the open air, for a fpeftacle and everlafling reproach, while living and dead, to
all that palled by. The circumftance of hanging out the cage is not mentioned in the order.

the

2 3 o THE BORDER. HISTORY OF

Edward i. t ] ie towers of Berwick caftle. And in the fame manner was Mary, a filler of

K. of England-

Bros, ordered to be fhut up in one of the towers in the caftle of Roxburgh.
i3° 6 - As to the clergy, Hugh, Robert's chaplain, who was taken fighting in

the battle of Methven, was hanged. The bifhops of St. Andrews and Glaf-
eow, and the abbot of Scone, were fent, in the coats of armour which were
found on them when taken, to different caflles in the fouth of England, where
they were clofely fhut up and fecured by iron fetrers J. The friendship which
the new Pope, Clement V. a native and fubjecf. of Edward's French domi-
nions, bore to that prince, emboldened him to puniih, in this manner, the
repealed breaches of faith of which the Scottifh prektes were guilty. He had
May 1 8th. a jjf obtained from the fame Pope, in the beginning of Summer, a bull
addrefied to the bilhops of York and Carlifie, authorifing them to excommu-
nicate Robert Brus and his adherents, on account of the facrilege committed
at Dumfries.

Hem. Tnv. Amid (o horrible a defolation of Brus's intereft and friends, when his

enemies had ceafed to fear him, and his fecret well-wifhers had almoft wholly
defpaired of feeing him more, he fuddenly made his appearance in Cantire,
about Michaelmas *, with a band of hardy followers, from the ifles and
Ireland. From Cantire he fent over fome of his people into Carrick, to

Dugd. Bar. collect the Martinmas rents of his lands. Henry de Percy, to whom Edward
had made a grant of the earldom of Carrick, together w ith the reft of Brus's
lands and catties in Scotland, came, as foon as he could, to defend his new
eftate -j-j but Brus palling in perfon the Frith from Cantire, furprifed Percy
in the night-time, flew fome of his men, and feized his war-horfes and plate.
He was even ftrong enough to block up Percy in Turnberry caftle ; until
Edward receiving intelligence of his danger, lent a great body of forces to his
relief. Brus, unable to contend with theie, retired into the faftneffes of the
Highlands.
A Fb > ' , '° 7 ' * n t ^ ie beginning of the following year, Edward held a parliament at
Carlifie. "While this was fitting, the Pope's legate, Peter cardinal of Spain
arrived, with a fplendid retinue. The chief errand of this legate was to folicit
Edward's confent to the confummation § of the marriage between the prince of
Wales and the king of France's daughter; which could not however be ac-
complifhed without fome farther delay. This legate embraced the opportu-
nity of gratifying Edward, by joining with the Englilh bifhops in pronouncing
againft Brus and his adherents a fentence of excommunication, with all the

J In the ordinance for fettling the peace of Scotland, after the battle of Methven, it was ap-
pointed, that thofe who aided, counfclled, procured, or preached the people of Scotland to rife
againft la*, and were attanted thereof, whether clerks or others, fhould be feized and detained in
prifon, during the pleafure of the king. Ryl. 510.

• Barbour fays, That he paffed over from Raughiin to the Ifle of Arran, which is fituated in the
Frith between Cantire and Carrick, and from Arran into Carrick.

•f- Henry de Percy haJ, feveral years before, (26 Edw. I.) obtained a grant of all the lands, as
well in England as in Scotland, that were the inheritance of Ingelram de Baliol deceafed, and
which by inheiitance belonged to Ingelram de Umfranville, then in rebellion. Dugd. ii. 272.

§ Pro matrimonio—confummando. Waif.

6 circumftances

ENGLAND AND SCOTLAND. 231

circumftances which, in thofe fuperftitious times, were contrived to make it R »<>«t Br««,

■ i_i * K. of Scotland.

terrible*. „ f

In the beginning of February, two brothers of Brus, Thomas and Alex- 1307.
ander, the latter of them a clerk, in making a defcent on the coaft of Gal'.o- {J m w ** s "
way, with a great fliip full of men, were encountered and totally defeated by
Duncan Magdoil •, who brought the heads «f the chieftain of Cantire, and
others of the (bin, to Ldward, together with the two Brus's, half dead with
wounds; who by the king's command were tried, and executed at Carhfle.
But this combination of the fword of juftice with the fword of war, the
execrations of the church, and molt piercing domeftick wounds, were not
iuEcient to break the fpirit of Brus, or to deprive him of follower?. On the
contrary, their effect was to kindle in the breads of a fierce people an infatiable
thirft of revenge-, and efpccially the fevere executions inflided with the
forms of law, and by the fentences of judges; befides the particular refent-
ments of the fufferings and lofs of favourites and friends, opprobrioufly cut
off in this manner, excited in them fuch a horror of the Englifh laws and
government, that rather than remain under them,, they ckofc to fpend their
laft drop of blood in battles. This foon appeared by the great numbers
which accompanied Robert to the field about Eafter; with which he routed
Aymer de Valence at Cumnock ; and three days after, Ralph de Monthermer
earl of Gloucefter. In the firft engagement only a few fell ; but in the fecond
the Slaughter was confiderable on both fides. The earl of Gloucefter was driven
into the cattle of Air, and was there befieged, until a great army fent by
Edward came to his relief. Brus, after having fuftained fome lofs, in a con-
flict with this army, retired into woods and marines, where his enemies could
not follow him.

Theie events were the more diftrefling to the Englifh monarch, that they
came upon him amid the infirmities of old age and the laft (hocks of an in-
curable difeafe. And it ought rather to be regarded as a laft ftruggle, than a
regular exertion of his great mind, that, in order to confute a report which
had gone abroad of his death, he fet out from Carlifle on his march towards Monday July j.
Scotland, fome days before that which had been fixed for the rendezvous of
his great army ; notwithftanding he was reduced to extreme vveaknefs by a
dyfentery. On the two firft days, he advanced at the rate of only two miles
a day, refted on the third, and on the fourth reached Burgh on the fands ;
where, on the morning of the fifth, as his fervants were raifing him up to take r ^h. U |oJs.
fome food, he breathed his laft in their arms.

• In fine revefii-vit fe, et ceteris epifcopis qui aderznt ; accenfi/que candelis et pulfatis campanis
ttrribililtr excommunicaver>Mt Robert urn da Brus cum.fauioribu.tjui-. Hem. 226.

BOOK

THE

B O R D E R-H I S T O R Y

O F

ENGLAND and SCOTLAND.

BOOK IV.

Edward h. T~\ D WARD II. a weak and diffolute youth having affumed the reins of go-
k. of England. |i^ verninent, feemed to think that he himfelf could not be king, unlefs he con-
a. d. 1307. temned and counteracted the will of his deceafed father. There was nothing fo
ardently defired by the late king as to be thoroughly avenged of the perfidy of the
Scots, and to bring them into an entire and lafting fubjection to his crown ; for
which purpofe it was his dying charge to his fon, to profecute the war againft Scot-
land, preferably to every other object. But Edward, after receiving, at Rox-
burgh * and Dumfries, the fealty and homage of fuch Scotchmen as were
either difaffected to Brus, or obnoxious to the power of England ; and after a
fhort progrefs into the county of Air, returned to Carlifle. From that city, in
the beginning of September, he fet out towards his capital ; having appointed
Aymer de Valence his guardian and lieutenant in Scotland ; with power to
receive to his peace and fealty all rebels and enemies, who were willing to
fubmit, and who could clear themfelves, on trial, of the death of John
Comyn, or of giving their council and affent to the prefent war of Scot-
land.

While Edward thus abandoned the profecution of his father's favourite object f,
and rendered, in a great meafure, ufelefs, all the preparations he had made for car-
rying on the Scottifh war; he did alfo, in breach of a folemn oath, made fome
months before his father's death, and in contempt of his father's curfe, immedi-
ately recal from exile his favourite Gavefton ; conferring upon him, while yet ab-
fent, the great earldom of Cornwall. It is probable that Anthony Bee bifliop of
Durham, whom Pope Clement V. had the year before created patriarch of

* Hemingford fays, That the king having gone to Roxburgh, received the homages and fealties
of many of the great men of the kingdom of Scotland.

+ Robert Brus is faid to have declared, that he was more afraid of the bones of Edward I. than
of his living fon; and that it was much more difficult to get half a foot of land from the firll
Edward, than a kingdom from his fucceflbr. M. W. A, D. 1308. (Ap. Carte, ii. 31^.)

Jerufalem,

ENGLAND AND' SCOTLAND. 233

Terufalem * ; and who had, for a confutable time before the late king's * oh "< B , ru ''

• ,• r • i I L 1» 1 1 • " ■ !_' ° ^ cotlana .

death, been in difgrace with that monarch, did, by joining many ouier;, in ^ . . j.
flattering the young king's fondnefs for Gavefton, obtain from him the reftitu- 1307.
tion of the liberties of his bifhoprick, which had been feized by the late king f. R j. m ' P a'i 4 j.
This reftitution was made at Carlifle, in the beginning of September, and was
followed by many other marks of the royal friendfhip, which the patriarch
bifhop enjoyed during the remainder of his life J.

The king, when at York, on his way fouthward, made a change in the Sept. g.
guardianfhip and lieutenancy of Scotland, conferring it on J. de Bretagne earl R * m -' b ' , +'
of Richmond. This nobleman was obliged, by his commiffion, to retain in
his family fixty men at arms, for the defence of the country ■, and for the
maintenance of them, was to be paid ten merks a day, by the chamberlain of
Scotland ||, from Michaelmas to Candlemas enfuing. Befides the power which
was granted to him over all ranks of perfons in Scotland, the fheriffs of Nor-
thumberland, Cumberland, VWftmoreland, and Lancafhire, were ordered, at
his command, to raile their polles, for repelling and purfuing the king's ene-
mies. The intelligence foon after received of the hoftile proceedings of Ro- Sept _ J#j
bert Brus in Galloway, produced orders to the earl of Richmond, to lead
againft him thofe of his band, with the other loyal fubjects of the king in
Scotland. Special orders were lent to Patrick § earl of Dunbar, and feveral
other Scottifh chiefs, to accompany the guardian in this expedition. Orders
were alfo iffued to two perfons, defigned keepers of the king's peace** in Lan-
cafhire, Cumberland, and Weftmoreland, and to two others, bearing the fame
office in Northumberland and the liberty of Tindale, to be in readinefs with
the men of thefe counties to obey the earl •, but thefe orders bore, that the
men of the above-mentioned counties fhould not be led forth from their own
counties into Scotland, unlefs fome urgent neceffity required it. For the
farther fupport of the war in Scotland, the fheriffs of London were required,
with the rent paid by the city to the king, and the fines accruing to him in
their courts, to purchafe divers articles of provifions and military implements,
and to fend them with all poffible expedition to Berwick on Tweed, to be deli-
vered to the receiver of the king's ftores in that town -f§.

• Et hoc, fays Hemingford, quia erat dives Epi/ccpus ct Papa pauper. Hem. i. 216.

f The oiiginal and piogrefs of this ftrife is related in the Hift. Dun, Rob. de Grayftanes ap. \Vh.
Ang. Sac. i. 749— 754, and Hem. p. 216, 217.

% Th:s reftitution he made for the honour of God, and of the glorious confefTor St. Cuthbert,
ar.d from ihe fpecial affection, which he had long entertained for the faid bifhop. Rym.

|1 Euliace de Cotefbache, the king's clerk, was appointed chamberlain and receiver of Scotland,
from Michaelmas, during pleafure, and Rob. Heyton comptroller. Rym. iii. 1 1.

§ There are mentioned along with earl Patrick, John de Haflings, John de Fitz Marmaduke,
Rob. de Ketb, Alex. d'Abernythi, Hen. de St. Clair, Alex, de Baillol, and John de Vaus.
Rym. ib.

»* Thofe in Lancashire and Cumberland were, John Baron of Wygeton, and Richard le Brun ; 111
the county of Northumberland, and liberty of Tindale, Roger Heron, and Simon Ward.

f § Thefe articles were twenty barrels of honey, one hundred of wine, twelve thoufand weight of
iron, five hundred pounds of hemp-cord for balifls, five hundred pounds of hemp, one hundred
balifix of one foot, forty of two feet, twenty balifta: de turno, thirty ihoufand arrows for balifhe of
one foot, twelve thoufand arrows for thofe of two feet, two thoufand two hundred feathered arrows
«f copper (quarrellos ptnnitoi dt cuproj, for balifta: de turno, Rym. iii. 16.

H h In

-234

THE BORDER-HISTORY OF

rawardir. In the beginning of the year 1308, before the king paffed over to France, to

k^o^ E n gland. ^> ma rried at Boulogne to Ifabel, daughter of Philip the Fair, the conimiffion
a.u. 1 08. of o-uardian and lieutenant in Scotland was renewed to the earl of Richmond •,
R> ran' b i 5 °" anc * n ' s ^ a ^ ar y» on tne fame terms as before, was continued from Candlemas to
iuiw'ii] Eafter. But about fix months after, this commiffion was given jointly to two
perfons, Robert de Umfranville earl of Angus, and William Kos of Ham-
lake. At the fame time letters were fent to John Comyn earl of Buchan,
and feveral befides, requefting them to retain the charge of the feveral diftridts
that had been intrufted to their care, until the arrival of the king in Scotland.
He allured them of his reiblution to be at Carlifle in the latter part of Augufl ;,
and in the. end of June he lent orders to Cotefbache, his chamberlain, to pro-
vide a ftore of falmon for his uie in his approaching expedition f. But Ed-
ward's attainment to' Gavefton abforbed all his other concerns ; and the excefs
of this attachment^ "together with the extreme infolence and rapacity of the
favourite, had excited inch a formidable combination of the nobles and pre-
lates againft him J, that the king was obliged, at Midfummer, to fend him out
of England v to compeinfate for. which diigrace, as much as he could, heap-
pointed him his lieutenant of Ireland; where he enjoyed and expended, with
great fplmdor, the revenues of that country.

iVean while Robert Brus, having recovered from a tedious and threatening
diftemper, made a great progrefs in fubduing Scotland. He defeated this
year, on Afcenfion-day, at lnverury,' his capital enemy, the earl of Buchan ;
and afterwards deftroyed his lands with fire and fword. His brother Edward
June 29. routed Donald of the Ifles, near the river Dee*. Afterwards Robert gave a
Auguftjj. defeat to the men of Argyle, and took the caftle of Dunftaffnage ; the lord of
which, named Alexander, and others, who refufed to fubmit to Brus's domi-
nion, were iuftered by him to pais into England. Theie conquefts, though of
the greateft moment to Brus, and the beginnings of a profperity that never after-
wards forfook him, were the lefs alarming to the Englifh, on account of their
diftance from their frontier; and the project of Edward's expedition, if real,
did not this year take effedt.

Notwithftanding the intimate connexion of Edward with the king of France,
yet the jealoufy of increafe of power in the rival kingdom of England, in-
duced Philip to favour the independency of the Scots. And the refidence of
Pope Clement in France, together with the particular obligations of that pre-
late to Philip, influenced him to conlpire with that monarch in all his views.
At the fame time it was not difficult for either of them to perfuade fo indo-
lent and weak a prince as Edward, that they were doing him a great favour,
in procuring him a refpite from his diftrefifes on the fide of Scotland. By the
mediation therefore of one, or both of them, a truce was agreed from the

f Three thr^ufsnd falmon to be LarrelleJ.

J Hugh le Dcfpenfer, according to the monk of Malmcfbury, was the only friend of Gavefton;
which proved an introduction to the like favour, afterwards enjoyed by Defpanfer himlelf.
• Abercromby calL it Deir.

former

ENGLAND AND SCOTLAND. t 35

former part of the year 1309, until the enfuing feaft of All Saints f. In June, ?°* Nt Bn '»>
Edward, unable longer to bear the abfence of Gavefton, recalled him from ."'° " '" '.
Ireland, and received him at Chefter with tranfports of joy. Perhaps the pro- a. d. 13^9. a.
fpeftof the confufions, which this return would not fail to excite in England,
gave encouragement to the Scots to violate the truce, by renewing hoftilities.
Edward accufes them of this infraction, in a fummons J iflued to his military j u i y J0 .
tenants, about a month after Gavefton's return, to attend him at Newcaftle, R y m -'i>'»47'
on the feaft of Michaelmas, with their military fervices, to march againltthe
Scots.

In the following month, orders were iflued for raifing bodies of able foot- Au K»fl s-
men in Wales, and in feveral of the counties, chiefly of the north and weft of I eo n . , *' b " l57 ~"
England *, to be conducted to the rendezvous appointed at Berwick, eight
days after Michaelmas. Thefe military preparations did not hinder bdward
from appointing Rich, de Burgh earl of Ulfter, the near relation of Robert
Brus, to treat with him about terms of peace and concord. In the end of
November, the like powers were granted, at the requeft of the king of France,
(a) as the king's father and friend, and not as an ally of the Scots, to Robert (a) This is a
Umfranville earl of Angus, and others ; and a (hort truce was concluded, njuc"tiy°af-
for agreeing to which, a fum of money is faid to have been paid to the towards adjea.

c « ed on the like

£>COtS 5. occafions.

f According to Hemingford, i. 245, the earl of Gloucefter, with two other earls, were feut by
Edward as folemn meflengers to Rob. Brus, on Jan. 2 •,. ; and Edward alfo fent certain perfons along
with nuncios from the Pope, to treat of a truce. Hemingford fays, in the fam i place, That Ro-
bert being fully recovered, began to make great havock in. Northumbe land.- 0114th March the
king grants a fafe conduct to Oliver ries Roches, a mellenger from the king of France to the bithop
of St. Andrews and Robert Brus; to which meffenger Edward gave Gilb. de Hall, his ferjeant at
arms, to be his conductor to and again. Rym. lb. 127.

J In this fummons he fays, That the truce had been granted to ihe Scots, at the requeft of the
French kin<r.

* Of thefe foot, Yorkfhire was to furnifh one thoufand, and Northumberland four hundred.
The king had requeued the patriarch of Jerufalem, to fend from his bifhoprick of Durham three
hundrc-d, and two hundred out of hL liberty of North Tindale. Commanders were alfo appointed
over the different quarters of Scotland, for leading the ki.ig's faithful fubjecls in them to refill Ro-
bert B us.

The weaknefs of Edward's adaiiniftration, with regard to Scot'and, appears from the frequent
changes of his guardians and commanders there, during the latter put of this year. In Augufl,
commiffions of guardian, and chief captain, were given to Rob.de Clifford, and Glib, de Umfran-
ville; and the king ordered Beveicotes, his chancellor in Scotland, to acknowledge and obey either
of them, who mould aflu me the office, Aug. 20. In September, the earl of Glouceiler and Hert-
ford was made captain of the king's army on both fides of the Scottifh fea ; and in Oftober t J. de
Segrave was guardian of Scotland. In December, Rob. de Clifford was made guardian of Scotland,
and the earl of Gloucefter appointed captain in an expedition into Scotland, to raife the fiege of the
caftle of Rothergle (I fuppole Rutherglen, commonly Ruglen). Hemingford fays, That the ting
fent to Carlifle the earl of Herford (Hertford) and lord Robert Clifford, for defence againft the
Scots ; alfo the lord Henry Beaumont to Berwick, who, after many mifchiefs committed by the
Scots on the borders, did, by giving money, conclude a truce with them till the morrow of Hilary,
p. 246.

§ In the end of this year (1309), Henry de Percy obtained a grant from the patriarch bithop of
Durham, of the barony, cattle, and town of Alnwick, which the bifhop 'is faid to have received
from Vefey, its late lord in truft for his baftard-fon. The bargain, however, was carried on with
the approbation of the king j who, early in the following year, gave his charter confirming it.

H h 2 (Rym.

a 3 6

Edward II.
K. of England.

A. D. 1310.
March 13.

Rymer,ib. si I.

THE BORDER. HISTORY OF

In the beginning of the year 1310, William bilhop of St. Andrews, and
Robert Umfranville, were at the head of a commiffion given to fix perfons to
negociate a truce with Edward's enemies in Scotland ; which truce Edward is
faid to have granted them, at the inftance of the king of France J. Soon
after, John de Segrave was invefted with the guardianfhip of Scotland, on both
fides the Scottiih fea. He was obliged, as fome of his predecefibrs in that
office had been, to keep in his family fixty men at arms for whom the king
allowed him pay ; and the inhabitants of Northumberland, Cumberland,
Lancafhire, and Yorkfhire, were required to give him attendance and obe-
dience. Edward was inclined to embrace any means of obtaining a temporary
quiet in Scotland, on account of the ftrength and violence of the party that
oppofed his favourite Gavelton ; for this party had fufficient power in the par-
liament, which met at Weftminfter in Lent, to oblige the king to confer on
twenty-one perfons, prelates, earls, and barons, full authority to ordain every
reformation that to them appeared requifite in the king's houfehold and king-
dom ; whence they were called Lords Ordainers.

It is not known for how long a term the truce with the Scots was con-
cluded ; but from the date of Edward's preparations for an expedition againjl
them, they feem to have renewed hofiilities on the return of fummer *. For,
in the middle of June, rneafures were taken for lending a fleet to the relief of
the Engliih garrilbn in Perth -f- ; and the maritime towns of England were
requefted to fit out fhips, each according to its ability, amounting in all to
forty, for tranfporting from Ireland a body of forces, under the earl of Ulftef,
who were coming to the king's aid in his intended expedition. In the begin-
ning of Auguft, Edward was at Northampton, where he ifiued fummons to
his military tenants, to be at Berwick, with the fervice that each owed him,
on the day of the Virgin's nativity (Sept. 8). He alfo, while there, made a
change in his orders to his fleet ; commanding them, inftead of failing to Ire-
land, to fail directly to the parts of Scotland to which they were to have car-

(Rym. iii. 184 — 199). And thus was this noble race, eminent in the more fouthern provinces fince
the conqueft, introduced into Northumberland, where it foon attained the fir It degree of wealth and
dignity ; and where, after fuftaining many of the hardeft ftrokes of adverfe fortune, alternated with
the higheft profperity, it hath, in our days, emerged from long depreffion and obfcurity, with a
moft confpicuous and amiable luftre.

% Philip, king of France, fays fo in a letter to Edward, written on the /ih of July enfuing. It is
remarkable, that Philip, in that letter, mentions the king of Scots as a party in the truce; although
in the preceding year Edward had complained to Philip of Mahon de Varennes his envoy having,
in his letters to Robert Brus, given him the title of earl of Carrick, and king of Scotland. Rym. iii.
p. 150—215.

* Thefe hoflilities, and the rneafures neceffary to be taken for oppofing them, prevented an inter-
view, which was to have been held at Pontoife, between the kings of France and England, fifteen
days, or three weeks after midfummer; Edward fent envoys to Philip, to excufe his failure in this
meeting, and to inform him, that the infraction, on the part of the Scots, of the truce granted them
at Philip's inftance, was the reafon why Edward could not leave hia kingdom. Philip, in his
anfwer, blames the Scots for not regarding either their own, or his honour; and tells Edward, he
was immediately to fend fpecial mefiengers, to remonftrate to them, concerning their behaviour, as
it deferved (yui fuum et gentium fuarum in pramijjis, defeclum fummoperc fibi referent, ut decebit).

•f John Fitz-Nlarmaduke was its governor, and Alexander Abernithi was king Edward's general
between the Scottifh fea and the mountains. Rym. ib.

6 ried 1

ENGLANDANDSCOTLAND. 237

ried the Irifh ; and to join with John of Argyle, anJ others of the king's fub- Rpb «( Bru S ,
jecfts, who were to meet them at fea, in order to attack and diftrefs the king's ^ of ^ c °'''" d '
enemies, at fuch places and times as they fhould find moft convenient. 13 .

In September the king entered Scotland, by the eaftern march, wkh a great
army*. He appointed, while at Newcaftle, Henry de Lacy, earl of Lincoln, R ym . it>. it 5 .
to be guardian of England, during his abfence. Be fides this great earl, there Hem • *■ 2 *7i
remained at home the earls of Lancafter, Pembroke, Warwick, and Hereford, Fori.i u.c.is.
intent on framing ordinances for depreffing the royal power, and for feparat- Mon Malnn *
ing the king from his favourite, the earl of Cornwall ; whom they abhorred fo
much, that they would not follow the king in an army where he was prefent.
Their fervices, however, were there; though probably far from complete.
The earls of Gloucefter and Warrenne, the lords Henry Percy, James Clifford,
with many other nobles and barons, were in perfon with the king; who led
his army as far as the Friths of Forth, and perhaps of Clyde; deftroying and
ravaging the lands and houfes of his enemies, whik they, without hazardino- a
general engagement, made fudden and fierce attacks from their wood?, caves,
and moraffes, on marauding or foraging parties. In one of thefe rencoun-
ters, three hundred Englifh and Welchmen were cut off, before fufficicne
numbers could arrive to their aid. But fcarcity of provifions, and feverity of
weather, obliged the Englifh king to return to Berwick early in the winter -f- j
and he fpent the remainder of the feafon in that town, accompanied by his
queen and nobles.

Soon after Edward's arrival at Berwick, he wrote to the earl of Flanders,
complaining of certain piracies that had been lately committed by fubjects of
the earl and their accomplices on the fubjects of England ; by the terror of
which piracies, the (hips that were employed to carry provifions to the king
and his army, from the fouthern parts of his dominions, were hindered from
putting to fea. Edward had alfo difcovered, that fome of his fubjects, from
love of gain, or encouraged by the difcontented barons, had conveyed to the
Scots, provifions and military ftores ; all which pernicious and difloyal traffic
he prohibited by proclamation, under the fevereft penalties. Being alfo in-
formed of a project of Robert Brus, to make a defcent on the Ifie of Man in
the courfe of the winter, with all his fhipping from the tVeftern ljles of Scot-
land, he ordered the fheriffs of the weftern counties of England, to give their
aid to Gilbert Mack Iky, the fteward of the bifhop of Durham in that ifland,
for its defence J. Sheriffs were alfo ordered, everywhere, to feize certain
malefactors belonging to the fame ifland, who were adherents to Brus, and
had done many mifchiefs to the king and his friends.

•He was n t Roxburgh on the 2o:h of September. Rym. ib. 225.

-j- Hemingford fay?, That he aJv-.nced as far as the S:ottifh fea. According to Fordun, he crime
to Renfrew ; but befoie he had effected any thing of moment, returned 10 Brrglsnd. Date of
papers in Rymer, (hew him to have been at Biggar and at Linlithgow in Ockber. By the fame evi-
dence, lie was a: Berwick Nov. ic. There was this year fo teirible a dearth, and Icafttry of pro.
vifions in Scotland, aiifing from the havock of war, that many were obliged to ;<;ed on the rlefii of
horfes, and other carrion. Rym. iii. 226 — 230.

\ Hi!t. Dun. fays, Tbat the bifhop had the lfie of Mar. during his Ufe, by gift of the king. Ang,
Sac. >. 754.

238 THE BORDER- HISTORY OF

EJ*ardn. Id t ] ie following February, the king wrote very earned letters to Pope Cle-

:___ -—"__/ ment and his cardinals, requeuing that Wifhart bifhop of Glafgow, whom the
a. d. 1311. king hid lately fent from an Englifh prifon to the Pope's court, might not be
fuffered to prevail in his felicitations, to be fent over to Scotland in his for-
mer ftatipn ; as he had been a capiral enemy and traitor to the king and his
father, and his return would be particularly hurtful to the king in his prefent
expedition. A prehte, who was no lefs a ditVinguifhed objecT: of the royal
An*. Sacu favour, than the other was of his refentment, died in the beginning of March. :

This was the opulent and magnificent patriarch bifhop Anthony de Bee. He
died at F.ltharn, where he had built a fplendid houfe, of which he made a pre-
fent to the queen*. The election of his fucceffor, Richard de Kellaw, a
April 11. monk of the convent of Durham, was approved, and the temporalities of the
May 20. bifhoprick conferred on him, by the king, during his refidence at Berwick-}-,
Cane is. -18. The death of Henry de Lacy, earl of Lincoln, in the beginning of February,

made a great addition to the wealth and power of the earl of Lancafter, already
far too great; for Lancafter having married Lincoln's daughter and only child,
March 4 fucceeded to his earldom and eflate. The king, in March, committed the
Bym. ib. 153. guardianfhip of England, during his abfence, to his nephew the earl of Glou-
cester. About the fame time he made an inroad into Scotland, and met with
no oppofition •, but want of force obliged him to return to Berwick. He
afterwards continued there in perfon, and gave the command of the chief part
of his army to his favourite the earl of Cornwall -, affording him, by this truft,
Hem. i. 24S. an opportunity of acquiring military glory. Gavefton is laid to have given
fufHcient proofs of courage and conduct in this expedition •, for he led his army
acrofs the Frith of Forth, and for many days endeavoured to find out his ene-
mies, and bring them to a battle ; but without effect, as the Scots retired to
inacceffible mountains and bogs.

Whatever inconveniences attended the fituation of the king at Berwick, it
was much more agreeable to him, than the bufinefs that awaited him in his
capital. This was to hear and ratify the ordinances ; which drove from him
his favourite £ into perpetual exile-, while they provided remedies for divers
abufes, they did, at the fame time, in feveral refpeefs, abridge the conflitutional
power of the crown. For this purpofe a parliament met in Auguft, in which
the king, yielding to a compulfion he had not flrength to refift, confirmed the

* After the death of Anthony de Bee, the lord Henry Beaumont had a grant made to him of the
Me of Man to hold for life, by the fervices which the lords thereof had ufually performed to the
kings of Sco land ; and about this time took to wife Alice, one of the coufins and heirs of John
earl of Buchan (Boghan) conftable of Scotland. In 6 Edward II. doing his homage, he had
livery of the lands of her inheritance. Dugd. ii. co. Thefe were in the county of Leicefter, and
had been acquired by Alexander earl of Burhan, in Henry III.'s time, by his marrying Elizabeth,
one of the daughters and heirs of Roger de Qninci earl of Winchefier. Jd. i. 68;, &c.

•f- This bifhop courrgeoufly repreffrd certain robbers, called Shavalds, who committed outrages in
the bifhoprick. The bifhop's men flew one of thefe ( Shavaldus <vel prtedo), John of Werdale, in
the Holy Ifland ; for which the king, irritated at the bilhop for not fjpporting his fa\-ourite Gave-
llon, fought, but in vain, to have the bifhop's biother put to death. Ang. Sac. i. 756.

\ One of the charges againft Gaveftan, in the ordinance for his banifhmenr, is, That he con-
ducted the king into a land of war, without the common confent of his barons.

articles

ENGLAND AND SCOTLAND; 239

articles propofed by the lords ordainers ; and Gavefton immediately patted over Rohcrt Brus .

. i-M l_j„ „ * K. ■ r Scotland.

tor landers*. t t

The chief meafures taken by Edward before he left Berwick, for carrying 13 11.
on the Scortlfli war, were, the appointment of John of Argyle to command * 1 ™ r,lb, *- 6ft
the fleet, which the king had ordered to fail from feveral ports of England
toward the coaft of Argyle and Inchgale, and the fummoning of thirty-eight
barons, chiefly of the northern parts of England, to be at Roxburgh at Lam-
mas -f-, with their military fervice for an expedition aganift. the Scots. Any
thing that was done in confequence of thefe orders, did not avail to hinder
Rol ert Brus from taking the field with his forces foon after Edward left Ber-
wick. Entering England by the Frith of Solway, he ravaged Gillefiand, and
a great part of TindaleJ; and returning in the following month by Redefdale,
he over-ran the country as far as Corbndge, and falling again into Tindale,
feized whatever had been left in the former incurfion. The mifchiefs fufFered
in thefe inroads, and to a continuance of which the Northumbrians remained
expofed, induced them to give 2,000/. for a truce till the following Candlemas.
The civil broils ot England, and probably a fecret friendly correfpondence
between Robert Brus and the faction that oppoied the king, afforded Brus the
opportunity, which he had wiidom and courage to improve, of completing
the reduction of Scotland. Ele regained this year the ftrong fortrefs of Dum-
barton from fir. John Menteith, the betrayer of Wallace. Early in the year Foid! 1.' \ z .
following, he took Perth by fcalade in the night. The Scots in the town who c - ,g - J9-
had been traitors to him, were put to the iword •, but mod of the Englifh 30 y ™" '
were fpared. Soon after, David earl of Athol, Alexander de Abemethy, ibid. 3 i 3 .
Adatf( de Gurdon, with three others, were commiffioned by Edward to nego-
ciate a truce with his enemies in Scotland. But this negociation did not
prevent a new inroad of Brus into England, wherein the like violent deeds
were committed as in the former ; and the unufual number of Brus's forces in
this incurfion, made Edward apprehend that he purpofed to befiege Berwick.
The unhappy monarch, notwithstanding all the diftrefs he futfered from the
Scots, and from his own headftrong barons, could not conquer his attachment
to Gavefton. This favourite returning from Flanders, came in January to
the king at York, when the king reverfed the whole fentence that had been
palled againft him •, and re-inftated him, fo far as he was able, in all his honour.s

* This parliament alfo obliged the king to remove from his court the lord Henry de Beaumont,
and his filler the lady Vefey. The extravagant grants made to them were refumed ; and in par-
ticular, the caftle of Eamburgh, was tatten from the lady. Carte, ii. 320. from Parliament Rolls.
]t was civen to the lord Peicy. Dugd. i. p. 273.

f They had been (ummoned to be at the fame place on Midfummer-Day. Bin it is not tcld
hoiv that aDpui.itment had failed, or been changed.

% Edward, Oft. 17. fent 10 Pope Clement, a letter of excufe for Richard de Kellaw, the new
bifhop of Durham, not attending the general council of Vienr.e, giving as the reafon the necefiity
of his prefence at home, for defending his territories againll the i.icurfions ( 1 the Scots in the
winter, who coming fonh like wolves out of their den> after the king left their neighbourhood,
had invaded England in diiers parts of the march, committing their lavages without fparing the
innocent, (ex, age; or what was Hill more lameniable, (preb dolor ! he is writing to the Pope),
the immunity ot ecclefiadical liberty. The like excule he nukes to the French kir.g for potting off
an intended interview with him at Boulogne, Rym. ib. 2^3.

and

2 40 THE BORDER-HISTORY OF

Eduudii. arK l eftates. In April, the king with his favourite came to Newcafile, to be
K. ot E^bnd. more at h m <} for repelling the Scots •, and at a fafer diftance from the barons,
ni*. who having chofen Lancafter for their leader relblved to enforce by arms their
Rym. iu. 317, orc Ji nanc e3 againft Gavefton, which Edward had pretended to annul*. In
the beginning of May, Lanca(ter accompanied with the lords, Henry Percy,
Robert Clifford, and many others, came by lurprife upon the king and his
minion at Newcaftle. With difficulty they made their efcape to Tinmouth,
and thence by fea to Scarborough. Gavefton being left there by Edward, as
in a place of fccurity, was immediately befieged by the earl of Pembroke,
Henry Percy, and others, and was foon obliged to furrender himfelf to Pem-
broke and his followers, on terms which other heads of the junto, Lancafter,
Hereford, and Arundel, not approving, they took him out of their hands and
J u <>' «■ put him to death as a traitor j.

Thefe inteftine troubles of England infured to Robert Brus the continuance
of th it luccefs with which the year had opened. He took the caftles of Bute,
Dumfries, Dalfwinton, and many other fortreiTes in his own kingdom; and
that they might no more be the dangerous receptacles of rebels or foreign foes,
he rafed them all to the ground. About the middle of Auguft, having invaded
England, he burnt the towns of Hexham and Corbridge, and ravaged the
Hem. i. 261. country on that fide. He led his forces fo fecretly and rapidly into the
Ang,'s«?i. • bilhoprick of Durham, that the inhabitants were furprifed in their beds, and
T56. great part of the city of Durham was burnt. In this expedition, fir James

Douglas took and fpoiled Hartlepool, and many captives were carried away
from that town and other places of the county. To refcue themfelves from ftill
greater deftrudion, the inhabitants paid the Scots 2,000 /. p, in confideration of
which, they were alfo to have a truce until Midfummer of the following year,
but were not to difturb the Scots paffing through their province, if they chofe
to advance farther into England. The fame conditions were granted to the
people of Northumberland, and alfo to thofe of Cumberland and Weftmore-
land •, but the people of the two laft named counties being unable to advance
the whole fum, gave hoftages for the deficiency. Robert alfo did this year
attempt to furpnfe Berwick (by a fcalade) ; but after ladders of ropes were
applied to the walls, the garrifon, being alarmed by the barking of a dog,
obliged the afiailants to retire with fome lofs.

* The monk of Malmeftury relates, that Edward requefled Robert Bruce to afford Gavefton a
retreat in Scotland, until the violence of the Englifh barons mould ceafe, or until fome other
place of fafety could be provided for him, accompanying his requeft with the molt tempting offers
of confi ming to Robert his right to the Scottifh crown, to which Bruce is faid to have replied,
that he could have no confi Jence in ihe p.omiles of a man, who had violated his engagements
confirmed by oath to his own lieges, p. 117, 118.

•J- Lord John Moubray being at this tine Iheriff of Yorkmire and governor of the city of York,
was commanded by the king to feize Henry Percy, for having fufFered Piers de Gavefton to make
his efcape out of Scarborough caftle, in which the faid Henry undertook he fhould be fafe kept,
having rendered himfelf to him on that condition. Dugd. i. 126.

X Grayftanes in Hift. Dun. fays, the fum paid to the Scots was 1000 merks. He fays, the
bifhop was then at London at the parliament (but there was no parliament during this year of
confuftons). Ang. Sac. p. 756.

The

ENGLAND AND SCOTLAND. * 4 t

The happy birth of Edward, afterwards the Third, at Windfor, about Mar- RoV^ Bru '«
tinmas *, having made the king more placable, and alio more formidable to
his barons, and the earned mediation of the Pope and king of France being »3'*»
interpofed, an agreement was concluded between Edward and the infurgent
lords about Chrilhnas : and it was an article of this agreement, that the lords Rym. ib. 366.
ihould give their influence and confent in parliament for obtaining to the king
a fufficient aid from all his kingdom for his war of Scotland. But before any
effectual meafures were employed for this purpofe, Robert and his brave
generals obtained new and confpicuous advantages.

On the evening of Shrove Tuetday, in the fucceeding year, the garriibn of F„a.?'i2?c.' 5 w.
Roxburgh -J-, while indulging themielves in the ufual riot of that feftival, Barbour,
were furprifed by fir James Douglas, who, accompanied by a few refolute men, !S o6^1 I1 ™. s '
mounted the walls on ladders of ropes. The cry of Douglas, in an inftanc
quafhed the noily mirth of the Englifh, of whom many were foon killed.
The governor J retired into the great tower with a few of his men, but two days
after, being lore wounded in the face by an arrow, he made a furrender of
himfelf and his companions, on condition of their being conducted into
England. This was performed, and the governor foon after died of his
wound. The Scottifh king being informed of this exploit, immediately lent
his brother Edward to demolifh the fortifications, wh:ch was foon effected by
the united labours of many hands. All Tiviotdale was hereby reduced to the
king's obedience, except Jedburgh, and fome other places that lay neareft to
i ngland. Very foon after, Thomas Randolph, the king's nephew, took the March 14.
cattle of Edinburgh by an adventurous furprife § ; for, after climbing a
hideous rock in a night of thick darknefs, a ladder was applied to a low part
of the wall ; and Randolph himfelf was the third of a band of thirty who
mounted it. Thele fuccelTes feem to have made Edward tremble for Berwick, Rymer, ib. 401.
for he loon after lent an order to Edmund de Haltings, governor of that town
and contTable of its caftle, to deliver Ifabel the widow of John late earl of
Buchan, to Henry de Beaumont, to whom the king had given particular
orders for guarding her.

Edward Brus, king Robert's brother, emulous of the glory of Douglas and
Randolph, laid fiege to the caftle of Stirling, and carried it on with great
affiduity and courage; but the extraordinary ltrength of that fortrefs, and

* On St. Brice's Day, Nov.- 13. M. M.

t The Cowpar and Perth MSS. of Fordun, have Marchemond inftcad of Roxburgh. Ford.
1. ii. p. 2454 Not.

J Barbour calls him Gilmyn de Fynys. Barbour relates, that Douglas and his company had
covered their armour with black frocks, and creeping id the neighbourhood of the caltle on all
four were taken by the centinels of the garrifon for cattle. The maker of the ladders and the firft
who mounted them, was Syme of the Leadhoufes, who was alio the meilenger fent to king Robert
with tidings of the caftle being taken. Leland's extract from Seal. Chron. calls the governor of
Roxburgh, Gilleminge de Fenigges knight and Burgundian, (Chevaier and Burgonion.) Lei.
Coll. i. ?4 6.

§ The keeper of Edinburgh caftle and (heriiTof the county, was Pers Lelande, who, according
to M. Malm, betrayed the caftle to Robert Brus, and entered into his fervice ; but Robert after-
wards fufpe&ing him of treachery, condemned him to be hanged and drawn. M. Malm. p. 145.
Lei. Coll. ii. 546.

I i the

24 2 THE BORDER- HISTORY OF

•Edward ii. the prowefs and vigilance of fir Philip Moubray its governor, defeated all the

k of Engbnd. e ^ om Q f ^ beliegers. Edward therefore came to an agreement with

>rti3- Moubray on Midfummer's Day, that if the Englifh did not relieve it before

the expiration of a twelvemonth from that day, it fhould be delivered to his

brother the king of Scotland *.

Edward having affairs to fettle with the king of France refpecling the
dutchy of Aquitaine, and being invited by that monarch to come over, to-
gether with his queen, to be prefent at the iblemnity of conferring knighthood
on Philip's three fons, of whom Louis the eldeft was king of Navarre j the
Hym.'ii>. 347» Englifh king and queen croffed the fea from Dover in the end of May, and
Dan. in. 347, remained in France till the middle of July. Edward there took the crofs for
34*. an expedition to the Holy Land, along with the king of France and his fon3;

Ryot, i .410, a ^ a clofer friendfhip than had before fublifted, was now cemented between
the monarchs. To obtain fome quiet to Edward's kingdom during his abfence,
Philip had in May fent envoys both to the courts of England and Scotland,,
to folicit and affift in negotiating a truce; for treating of which, Edward
named as his commifiioners Robert de Umfranville earl of Angus, and three
others.

It is probable, that this truce hindered any remarkable inroads into England

Ford. i. iz, during this year; but it did not prevent Robert Brus from reducing the Ifle

e. i9.not. Q £ jyian, tne lordfhip of which he conferred on his nephew Randolph; and

it is faid, that by invading this and other iflands he trained his men to fight

on foot, which proved of the greateft ufe to him in his great battle with the

Englifh in the following year. Edward, after his return from France, either

diffident of the Scots keeping the truce, or that he might be prepared to refift

an invafion which he had no doubt of their making, immediately after the

truce expired, afked loans of money from his clergy both fecular and regular,

to enable him to defend his kingdom. Soon after, he held a parliament, in

cane, ii. 331. which he perfected the work of reconciliation with his great lords. Pardons

were given to all who had been concerned in the deftruftion of Gavefton ;

and the parliament granted a fupply of a twentieth from men of eftates in

land, and of a fifteenth from burgcifes, for carrying on the Scottifh war.

The Scots who adhered to Edward, were now brought to the greateft

Rymer, iii. 4«3. diflrefs by the continued fuccelTes of their enemies. They alfo laboured under

grievances from the oppreffions of fome of Edward's miniflers or officers.

To reprefent their fufferings and folicit aid and relief, the earl of Dunbar and

Adam Gordon, came, in the beginning of Winter, to the -court of England.

Edward immediately gave orders for remedying the abufes of his officers, and

enforced his earned: exhortations to his people of Scotland, to perfift in their

loyalty, by giving his promife to be at Berwick about the Midiummer of the

enfuing year, with an army fufficient for effecting their relief.

A. d. 1314. In an Englifh parliament that met in the fir ft months of the following year,

the king refufed the demand of the lords Ordainers, to put in execution cer-

• This agreement is mentioned in the order of Edward to Sheriff's and others, May 27, 1314.
fym. iii. 4S1.

tain

ENGLAND AND SCOTLAND; 243

tain articles which entrenched on his authority ; for which reafon the earl of RohertBrm,
Lancafter *, and fome other nobles of" his faction, did not accompany the king , '° "" an ',
in his Scottifh expedition. The king, however, firm in his purpofe to make 1314.
good his promife to his Scottilh fubjecls, and to relieve his faithful garrifon of
Stirling, prepared diligently for his expedition both by fea and land. He fum-
moned the lrifh chiefs, to bring their men to his fervice under the earl of
Ulfter. The command of his fleet, to be employed in the expedition, he

March 11.

47S.

gave to John Shermy and Peter Bard, and in the end of March he appointed Rv ^ ar ^
Aymer de Valence earl of Pembroke, long experienced in the wars of Scot- 6,7,8.
land, to be his guardian and lieutenant in that kingdom, until he fhould arrive
there in perfon f.

As Edward's chief object in this expedition, was the relief of Stirling-cattle,
Robert Brus, animated by his palt fucceffes and confiding in the bravery of his
troops, refolved, for preventing this relief, to hazard a battle. But, not lefs
wife than bold, he employed, where fo much was at fbke, every precaution
to fecure a profperous event. In particular, he refolved to avail himfelf of an
advantage which he perceived given him by the nature of certain grounds
lying near the caftle, and juft on Edward's way to it. Thefe grounds were
remarkably commodious for polling the Scottifh army, greatly inferior in
numters, and efpecially in horfe, to that of the En«;lifh. About the end of May 17.
May, Edward having received intelligence of Robert Brus's purpofe to await ym ' '* '"
him on this ground, fent orders to the fheriffs and others having authority in
feveral counties of England and in Wales, commanding them, under the
higheft penalties, to urge, hajten, and compel, bodies of able footmen from
each of their diltricts to march towards him J, fo as to be at Wark on the
tenth of June, fufneiently armed and prepared to march thence againft the
king's enemies, and forrefcue of Stirling-caftle. Thofe bands of foot, which
the king did now with fo much earneftnefs call for, fhould, if former orders
had been obeyed, have been with him fome days before thefe laft orders were
iffued §.

Ob the fixth or feventh day before Midfummer, Edward kt out for Berwick Mon< Malm *
with an army of about 100,000 men ||. As this army could draw no fupplies

from

• Befides Lancafter, Walfingham mentions Warwick, Arundel, and Warren.

f Orders are given to Ralph Fitz- William, keeper of Berwick upon Tweed, and to all men at
arms, whether horfe or foot, within its fortifications, to be intending and obedient to faid guardian.
Rym.

I Edward's information was, that ' the Scots were aifembling a great army of foot in fuch
' ftrong and moorifh places on his way to the caflle of Stirling, as would be of difficult accefs to
• horfe, and made the alliltance of able-bodied footmen requifite.' Rym.

§ The whole number of thefe footmen was 21,830; whereof there were 4000 from Yorkfhire,
2500 from Northumberland, bifhopric of Durham 1500, Nottingham and Derby 2000, &c.
Rym. ib.

|l According to Barbour, Edward had above ioo.oco men, of whom 40,000 were horfe; and
of thefe (a), 30 o having complete armour for horfes and men, (with helyt horfe in plate and may!,
Barb. 226.) were to be placed in the front of the battle. Of archers, there were 52,000. Thefe
arriving at their rendezvous at Berwick, were partly lodged within the town and partly in tents

(a) The Monk of Malmefliury fay?, that of the Gens A' Armes there were more than 1000,

I i 2 without

244 THE BORDER-HISTORY OF

Edward H. f r0 m a country defolated by war, and at this time purpofely evacuated of every

K.ofEngland. J ... . ... / .' -gJLc C A U

i_ - i thing, a great multitude or carriages were requilue tor provilions and baggage,.

»3M» in fo long a march * ; but the number of carriages, as the Scotch authors

relate, was much increafed by many implements of luxury and fplendour,

^a^ ur»3 , w hi cn f 00n afforded a rich lpoil to the conquerors. On the evening of Sunday
the twentv-third, the van of the Englifh coming up to the Scots in their
ftrong poft nigh Stirling, there was a rencounter, wherein the Scottifh king
killed fir Henry Bohun, by cleaving his head with a battle-ax. A party alio

{a) Men of arms, of Englifh borfemen (a), under the lord Robert Clifford, who were endeavour-

CLd'nd .) -^ tQ ^^ ^ ^ Scottiffi army, forced their way to the caftle, were attacked

by a body of fpearmen under the earl of Murray, and, after a fharp conflict,,
put to the rout -f.

Thefe fuccefles on the eve of the day of battle, gave animating hopes to the
Scots of the happy event of the day itielf. Robert, with his lords and chief-
tains, failed not to improve them for that purpofe ; nor did they omit any
means to inflame the martial ardour of their followers, and at the fame time
to procure every folid advantage that ferved to enfure victory. By falling,
prayers, and confeffion, on the Sunday, and by receiving mals on the morning
of the day of battle, they were prepared, if they could not conquer, to fall as
martyrs for their country. The danger of all ranks of perfons in the army
was as much as poffible made equal, by all lighting on foot. The leaders,.
Randolph of the van, Edward Bruce of the right wing, fir James Douglas of
the left; and of the rear the king himfelf J, to direct the whole, and give aid
wherever he faw it needful ; were all perfons of the molt approved military
lkill and valour, and of courfe pofieffed the entire confidence of the army. The

without it. They were divided into ten bodies of ten thoufand each, with captains of approved
valour at their head. The earls of Gloucefter and Hereford led the van. Befides thefe, there wai
a body commanded by-tbe king in petfon, whereof the chiefs under him, wore fir Giles d'Argentein
and fir Aymer V^lange, i. e. Aymer de Valence earl of Pembroke. Having thus divided his arrov,
he began his march from Berwick, (Barb. p. 227. 1. 1 19.) covering a great tract of country which.
Ihone with arms and enligns. The rendezvous appointed by Robert Brus for his men w; s the Tor-
wood, where there were afTembled more than 30,000 fighting men. (lb. 33, 34.) Thefe he divided
into four battles, and conducted them on the Saturday before the battle, to the place he had chofen
on account of its natural ftrength and of its fituation with regard to the caftle, the Englifh being
obliged to pafs thither either clofe by it or through a morafs.

* The multitude of carriages, if extended in a line, would have occupied the fpace of fixty
league?. M. Malm. He adds, that the whole company confefled, that fuch an arrfty had no: in
our time gone out of England, p. 147.

f Barton fing.% Dira dies falls pandit prlmordla mills. Neither Boece nor Buchanan mention
this flcirmiftl on the Sunday, but confound its events with thofe of the great battle.
Lei. Coll. i. * n LelT. Col. this party is faid to confift of 300 under Clifford and Henry Beaumont. In this

j 4 6. rencounter, the fame author fays, that William Dayncourt knight was flain, and Thomas Gray

taken.

Mon. Malmefbury fays, that in this (kirmifh the earl of Gloucefter was thrown from his horfe.

% Each of them was furnifhed fays M. Malm, with a light armour, that a fword could not eafily
penetrate, They had an ax at their fide, and cauicd lances in their hands. Their forces moved
alfo as thick as an hedge, p. 149.

According to Holingfhed in Hilt. Sc. Thomas Randolf and James Douglas, captains of the
Fore-Ward, had under them 7000 of the-borderers, and 3000 of the Irifh Scots, otherwife called
Katerans or Red Shanks ; thtfe no lels fierce and forward, than the other provident and fkilful.

ground

ENGLAND AND SCOTLAND. 2 45

ground on which they were drawn up, by high rocks on one fide, a morafs on * 0} > e:t B -"<»
the other, and the rivulet of Bannockburn in their front, afforded a ftrong de- - ofScot1 ^
fence againft the attacks of the Englifh horfemen, fo formidable for ftren°tri 131Z
and numbers ; and where thefe natural advantages were wanting, pits were
dug in the ground, fharp flakes fixed in them, and the mouths of the pits fo
well covered with turf and rufhes, that the Englifh could not perceive them,
till they gave way under the weight of their horles *.

The Englifh. acaiy being on Midfummer eve at fo fmall a difhnce from their
enemies, were, from the hazard of an attack in the night, obliged to pals ic
ileeplefs, under their arms j ; which made a great addition to the toil of their
march from Berwick. The more experienced Englifh commanders were of
opinion, that the battle fhould be poftponed, and the army allowed to reft
and refrefh themfelves on the following day, efpecially as it was a high feftiva! ;
but the king hearkening to the younger and more forward, who were alfo irri-
tated by the affront and lols juft related, and thinking his honour deeply
concerned to raile the fiege of the caftle of Stirling, reiolved to give battle on
the morrow.

In the Englifh army, the foot, confiding of fpearmen and archers, were v/air. u\a. t0 j.
placed in the van, and the horfe at lbme diftance backward, on the wings. In M ' Walm -
the beginning of the battle the conflic"b was fierce, and fuftained with much j'.deTrokftowes
vigour on both fides. The earl of Gloucefier, whofe corps was attacked by p-25-
fir James Douglas, feeing the Englifh lhaken, and being impatient of a
doubtful battle, rufhed, with fome of his knights accompanying him, on the
thicket! of the enemy. But the Scots repelling the attack with great vigour,
the earl was beaten down from his horfe, overwhelmed by a iurroundino-
multitude of foes, and flain %. The covered pits, the effec"l of which was
Icon manifeft, deterred or fruftrated the efforts of his knights to reicue
him § ; and fom.e of them fhared the fate of their lord. Sir Giles £ Argent ein j|,

a knight

• Machina plena malis pedilus formatur equinis,

Lonca<va cum palis, r.; pergant abjque rmnii. Earton.
f One Alexander Seton a Scot, who was in king Edward's hoit, came over privily to Robert
Brus in the mght-time, and told him, that if he began the attack early in the morning, he fhould
eafily overcome. the Englifhmen. Lei. Coll, i. 547.

X Others fay, that the earls of Gloucefler and Hereford contending for the -honour of leading
the van, the former fprung forth from the Englifh holt, and not being in time followed and fup-
ported by his knight?, was overwhelmed and flain. M. M.. 150.

§ The AJonk of iVlalmefbuiy curfes the earl of Gloucefter's knights, (confundat eos DomiuusJ ■
for givingffpch ineffectual aid to their lord. The number of them, he fays, was five hundred,
twenty might have faved their matter, p. 149, 1 ;o. 1 he earl of Gloucefler was flain, en a hotfe
of high price piefented to him, as he marched northwards, by Richard de Kelaw bifhop of
Durham ; who, on this occafion, regained the king's favour bv the gift of 1000 mciks, together
with that horfe. Ang. Sac. i. 756. Barbour fiys of Gloutelter.

He was the ih>d beil knight perfay,
That men knew living in his day. lb. p. 273.

|| JEgidius de Argenteyn, ?nihs Jlremius . et in re militari multum expert us, dum freenum regis regeret,
tt cafum ctmitis afpicerct, &c. Mon. Malm. 150. In Leland's Collectanea, he is faid to have come
of late from the wars of the Emperor Henry of Luxemburgh, 547. Boethius fay;, that Robert
Brus knew him well, and exprelied fuch regret of his death as oifended his nobles.

Barton

2 4 6 THE BORDER. HISTORY OF

Edward ir. a knight of great renown, who, with the earl of Pembroke, commanded the
ul" Er - 6 '1/ Gens d'Armes that guarded the king, advanced boldly to refcue Gloucefter,
>3'4' but he alio fell in the attempt. A fimilar fate had Robert de Clifford,
tImo'i!* 8 '" {a) Payen de 'Tibetot, William Marefchal, Edmund Mauley, and other eminent
warriors. By the fall of men fo confpicuous for rank and prowefs, the
Englifh army was not a little intimidated and weakened. The baggage men
of the Scottifh army increafed the dread of their adverfaries, by drawing up
in martial array on fome high grounds behind the army, and displaying the
refemblance of banners by pieces of linen waving on the ends of fpears. The
Ba.bour. Englifh archers, who fo often determined viclory on the fide of their country-

men, are faid to have been attacked in flank, and difperled by 500 Scottifh
horfemen, armed in fieri and mounted on light horfes, having at their head
fir Robert Keith the marihal of Scotland.

Thefe circumftances engaged thole who were about the king, to entreat him
to confult his lhfety by abandoning the field, which he did, with the utmoft
reluctance. He firft moved towards the catlle of Stirling, the governor of
which would not receive him, becaufc he had ftipulated, if not relieved that
day, to f rrender his cattle to the Scottifh king. The royal ftandard's moving
from the field, was followed by the univerfal rout and diffipatton of the Englifh
army* ; of which confiderable numbers were, in their precipitate flight, drowned
in the rivulet of Bannockburn -f, and in the river of Forth, befides thole who
were (lain and made pri loners ; and of thefe the numbers would have been
much greater, if the Scots, inftead of purfuing, had not inilantly fallen to
plunder the baggage and ftores of their enemies •, by which many of them
were enriched. Of the Scottifh army only two knights are faid to have been (lain,
William Vipont and Waiter Rofs.

The king, accompanied by aftrong body of ho:le, diredled his flight towards
Berwick. Sir James Douglas purfued him, but with fuch inferior ftrength, th.it
he could only harafs him, and feize thofe who fell off from his company.
The king, however, took flicker for his own perfon in the firft place of flrength
that was friendly. This was the caftle of Dunbar, whole lord was ftill on the
Junt2 7 . p ]C j e f England £. From Dunb.r he was conveyed by lea to Bamburgh, or
Berwick. It is certain, he was at Berwick on the third day after the battle;
for on that day, he iflued from that place a proclamation, informing his fub-

Barton celebrates the fall of D'Argenteyn with a particular pathos ;
Nobilis Argenlin, pugil indite, dulcis JEgidi,
Vix fcieram mentem, cum tefuccumbere iiidi.
He alfo mentions the others that are named in the text.

* Two hundred knights and more, who had not drawn their fwords, nor given a blow, were
turned to flight. Mon. Malm. 1 5 1.

f The Monk of Maln-efburv fays, that many of them were fwallowed up in the ditch of
Bannockburn. Barton fays, Multi mergunlur, and another, Forth fepelit multos artnis et equis
bene cultos. And Bannock habet limus quorum nee nominajlimus.

J He foonafter forfook the Englifh intereit ; for, in the ninth of Edward's reign, Henry de Percy
obtained a grant of all thofe fees in Northumberland, which the earl had forfeited by his rebellion.
Dugd. Bar. i, 273. The lord Percy, to whom this grant was made, was a youth of fixteen years,
who had the year before fucce.'ded to the honours and great eitate of his father. The earl of
Dunbar died in 1 315, or 13 16, and was fucceeded by his Ton Patrick. Doug. Peer. p. 440.

jefts

ENGLAND AND SCOTLAND. 247

jefls that he had loft his privy feal *, and warning them not to regard any Roberts™,
orders that ftiould appear under it, unlefs flich orders were otherwife con- . _'"' Jct " J "^
firmed, or were evidently for the king's honour and intereft. 1314.

The caftle of Bothwell being ftill in the hands of the Englifh, Humphrey
de Bohun earl of Hereford fled to it ; but the caftle was foon yielded to
Edward Brus, and Hereford made a prifoner, with others who, had taken refuge
in the finie. John de Segrave, Maurice de Berkely, John de Giffard, John
de Wilyngton, with twenty-two other barons and bannerets, and fixtyeight
knight% were taken, and paid great fums for their ranlbm. Seven hundred
gentlemen were miffing after the battle, of whom it afterwards appeared that
far the greateft part of them were prifoners. The rout of the Englifh was
indeed very entire-, but neither the number they brought to the field, nor the
lofs they fuftained, appears to have been nigh fo great as the Scottifli writers
reprefent them. Stirling was, on the day after the battle, rendered to the
Scottifli king. Moubrai the governor became his vaffal, and ever after ferved
him faithfully ; and the caftle was demolifhed. By this victory, liability was
given to Robert's throne; and an afcendant gained by the Scots, which ren-
dered them terrible to the Engliih during the fequel of the war between the
nations.

The Scottifli king ftiewed great moderation in the ufe of his victory. He
treated the prifoners with humanity, and took care that the bodies of perfons
of rank who had fallen in the battle, ftiould be decently buried. He freely
lent to Edward while at Berwick, the bodies of the earl of Gloucefter and lord
Robert Clifford ; and, on account of a perfonal friendlhip which had formerly
fubfifted betwixt him and the lord Ralph de Mounthermer, who was huiband
to the coumefs of Gloucefter, the king's filler, he let that lord at liberty with-
out ranlbm J f.

Edward foon retiring to York, where he refided for feveral months after his Carte.
unfortunate expedition into Scotland, was vifited by Lancafter and others of
his haughty barons •, not to aid or conlble him, but to make their advantage
of his neceflities. The younger D'Efpenfer, the favourite, was obliged to
abfeond ; and the court was new modelled, according to the pleafure of the
prevailing fa&ion. Alter having thus provided for their own powerj they
granted, in a parliament which met at York in September, a fupply for the
Scottifli war, of a fifteenth from the counties, and a tenth from the burghs
and demefne towns.

But while the confirmation of the Englifli from the defeat at Bannockburn Ty"* 1 *™"
was recent, and Edward with his counfellors and barons were providing flowly £ i6 2 Lan "
and ineffectually for the defence of their country, the victorious Scots, under waic P . 106.
the lord Edward Bruce, fir James Douglas, and other leaders, invaded

• The continuator of Trivet calls this feal R'gii Targia, whereof Malhr Roger de North-
burge was keeper, and from whom, being made a prifoner, it was taken away ; for which reafon the
king foon after caufed make a feal, appointing it to be called his Privy Seal, to diltin^uifli it from
the Targia, (ad dijjerentiam Targia) which was taken away in the manner above related. Nic.
Triv. Cont. p. 15.

■f By this lord the king's privy feal, that had been loft in the battle, was brought back to him.

England

Mop. Malm.
p. 154.

2 4 .8 THE BORDER- HISTORY OF

Edward n. England on the fide of Berwick, carried their ravages through all Northum-
^ . o ng anj ^pijjpjj^ anc i ot>l i ge d the inhabitants of the bifhoprick of Durham, to pay a

'314. great fum to ranlom themfelves from the like deftruction. They penetrated
thence into Richmondlhire, from which they carried a great booty of cattle
and many prifoners ; and returning by Swaldale, burnt Appleby and other
towns in thofe parts : and while the Englifh parliament was affembled at York,
a frefn band of marauders entered England by Redefdale and Tindale, and
advanced into Gillefland ; obliging the inhabitants to fwear allegiance to the
king of Scotland, and to pay him tribute, whereof 600 merks were paid by

w,f - the county of Cumberland in the fpace of fix months. Jt is related by an
Englifh hifiorian, that the Englifh fince the late battle were feized with fiich
a dread of the Scots, that one hundred of the former would fly at the appear-
ance of two or three of the latter; and that many of the Englifh who dwelt
nigh the marches, wearied out with rhe'rr fufferings, and delpairing of protec-
tion from their own king, abandoned their country, and confederating with
the Scots, became companions and guides of their incurfions into England,
and fharers with them of the fpoils of their unhappy countrymen.

While Edward was at York, he at once gratified his own nobles, and made
a return for Robert Brus's humane ufe of his victory, by contenting to reflore
Robert's wife and daughter, who had been long prilbners in England, in
exchange for the earl of Hereford *. Chrittian, Robert's filter, Donald earl
of Mar, anil Robert bifhop of Glafgow, now become blind, were at the
lame time given in exchange for other Englifh prifoners, the king quitting
Rym.ib.495, the ranfom to which he was entitled for the former. Robert Brus gave a
farther proof of moderation amidft his profperity, by declaring in a letter ro
Edward, ' that the thing in the world he molt defired, was to have perfect

* accord and friendship with the king of England ;' requeuing him, at the
fame time, to fend a fafe conduct for four of his (Robert's) knights, whom he
defigned to fend into England, with propol 'As of peace and power to treat
concerning it. Edward, in compliance with this requeit, granted the Scottifh
knights a fafe conduct as far as Durham; and in the following month, a like
protection was given to a new fet of Scottifh commiffioners, with whom Ed-
ward appointed Pickering dean of York, and four Englifh knights, to nego-
ciate either a truce or perpetual peace. This appointment was made by
Edward, at the requeft of Philip the Fair king of France; which requeft
was the laft act of mediation on the part of the French monarch in the tranf-
actions between Scotland and England, for he died in the following month :
and Edward, as before, complied with it, as coming from his deareft father and
friend, but ' who in no refpect accounted himfelf an ally of Robert Brus or

* the Scots.' Edward, in the orders ifiued by him with regard to thefe matters,
gives Robert the defignation of Sire Robert, and calls his fubjects, the other
people of Scotland with whom he was at war ; and what no doubt chiefly marred
the work of peace between thefe two potentates, was Edward's fteadinefs in

* The Monk of Malmefbury fays, that the king's fitter, Elizabeth, lamented the captivity of her
hufhand the earl of Hereford ; on which account the king made her a prefent of all the Scottifh
priioners; in exchange for which, the liberty of her hulband was obtained. M. Malm. 15c.

7 refilling

4j7. 4.S.

ENGLANDANDSCOTLAND. 249

refufing to acknowledge Robert as kino; of Scotland, while Robert, with equal R°°<-'t Bru '.

.- p rrL , . °, ..... .» ^ K. of Scotland.

nrmnels, perfilted in claiming this title. v ,.„ »

In the beginning of the following year, a parliament met at Weftminfter, a. d. 1315.
which granted the king a twentieth part of their moveables •, on the credit of c^w/a!"'**!! 3 '
which, Edward requefted loans of money from the abbots and priors of M^chi;.
convents, to enable him to make provifions for men at arms, to be fent both ^ m -'"-5">
by land and fea againft the Scots. This parliament endeavoured to remedy a M ° n - Malm,
very grievous dearth of provifions, by fixing rates for all the different kinds p * 157 "
of them ; but as the evil was found to be increafed by this regulation, it
was repealed in the following year. As Scotland felt this fcarcity (till more
feverely than England, a quarter of wheat being fold there for 100 (hillings-,
fquadrons of fhips commanded by John de Botetourt and others, were em-
ployed on the eaft and weft coatts of the ifland, to hinder any fupplies from
being conveyed to the enemy, and prohibitions were ifilied under the fevereft
penalties to carry into Scotland vicluals of any kind.

The prelates of York and Durham, and feveral of the northern barons, Rym. ib. 596,
were excufed from their attendance on this parliament, on account of a 5 ° 7 '
new invafion threatened by the Scots. This inroad was made in the begin-
ning of the fpring, The invaders entering by the weftern march, pene-
trated ih to Yorklhire and the bifhoprick of Durham, dell roving every thing
in their way. In this incurfion they plundered Hartlepool ; the inhabitants
faving what part of their goods they could on board the fhips in their
harbour-, while the other inhabitants of the county were glad to purchaie a
truce.

The attention of the Scottifh king, in the beginning of this fummer, was Ford. 1.1 i.e. 14.
engaged by matters of the molt ferious nature. Having no iffue but his
daughter Margery, lately releafed from her captivity in England, he made a
fettlement of his crown in a parliament held at Air, in the end of April, on
his brother Edward and Edward's male heirs, in cafe of himfelf dying without
male ifiiie. To this the king's daughter gave her content, and all his nobles
their fandtion ; the fettlement ferving at once to gratify the ambition of Ed-
ward Bruce, and, on the event of Robert's dying while the war with England
continued, to provide an able defender for the kingdom. But the remote
profpeft of a crown not contenting Edward's unquiet and afpiring temper,
he embraced the invitation given him by the Iriih, who groaned under the
yoke of England, to pafs over into Ireland, to be their leader in attempting
to fhake it off; for which the royal dominion over that ifland was promifed
as his reward. Robert confented to this enterprife, and to enable his brother
to carry it on, gave him a body of 6000 of his bell men, together with
feveral of his molt eminent captains, among whom was Randolph earl of
Murray. Edward had at firft great fuccefles, and was, with the concurrence
of great numbers of the Irifh, crowned their king. The diftrefs of England
was thus extended and increafed, and a powerful diverfion made from the
proiecution of the Scottifh war.

K k About

25°

Edward JI.

K.of Ei gUndt

I3IS-

Rym. ib. 516,

5 l Y

Hift. p 107.
Aug. 9.

Carte, ii. 338.
Chr. Lan. in
Tyrrcl, p. 164,
Wun. Mahn.
t- »>57.

R>m. iii. 536.

THE BORDER- HISTORY OF

About Midfummer the king of England was at Berwick; the keeping of
which town and caftle he had, in April laft, committed to Maurice Berkeley*,
who was appointed fucceffor to Simon Ward. From Berwick he ifiued his
fummons to his barons to be, with cheir military fervice, at Newcaftle on the
fifteenth of Auguft, to oppok a new invafion which the Scots threatened. But
returning foon to London, he appointed Aymerde Valence earl of Pembroke
his lieutenant over all the country between the river Trent and Roxburgh :
and all the fighting men of that country were ordered to attend him at New-
caftle, and obey his commands, on eight days warning -f. Walfingham
relates, that when the king marched into Scotland, on the eve of St. Lau-
rence, bread could fcarcely be found for the fuftenance of his family J ; and
it is probable that this extreme fcarcity was the caufe of the king's ipeedy
return to London, and defeated the project of the intended expedition againit
the Scots.

Robert Brus, however, was not hindered by the famine, or by the pre-
parations on the part of England, from entering it with a great army by the
weft march ; where, after committing the ufual ravages in the open country,
he laid fiege to Carlifle. This city was bravely defended by its governor
Andrew de Hartcla ; whofe activity -and courage in repreiling the Scots marau-
ders, and making fome inroads into Scotland, had incenfed the Scottifh king,
and made him more eager to fucceed in his enterprife againft Carlifle. He
continued the fiege ten or eleven days§, both employing engines and making
affaults; but having loft aconfiderable number of men, and hearing that the earl
of Pembroke approached with a great force, while a report alio prevailed in
England, that Edward Brus's army had been routed and cut off, and himfelf
killed, in Ireland, Robert railed the fiege-, and in his retreat had feveral of
his men killed and wounded, and others taken prifoners ||. The reiblution.

* The Monk of Malmefbury, on the occaf on of this appointment of Berkeley to be governor of
Bewick, defenbt s the place, ' A ftrong and well walled town, fitualed on the fea, in the begin-

* n>ng of Scotland, convenient for merchants in the time of peace ; which, without treachery, can

* never become fufjeft to Scotland, It does not fear a fiege, while iuccoured by England. For

* the Englilh (hips Ciil round all the land (terram); and excel in the art ot failing, and in naval

* engagements. Whence, though all Scotland ihould attick Berwick, it Ins nothing to fear on

* the part of the fea.' Si tota Scotia Berenuyk invaderet, a parte maris timer: non oportet. Should the
pointing be Si tola Scotia Bereivyk in-vadertt a parte maris, timert non oportet ?

■f He probably means, to be prefent at the expedition which was to have been made into Scot-
land at that time.

J The Monk of Malmefbury, writing in this year, fays, that lad year there was fuch excefiive
rain, that the grain could fcarce be reaped or ftored in barns (mix licuit frumenta colligere <vel
horreo recondert), and in the prefent year it has been ftill worfe; for the inundation of rain dellroyed
almoft all the feed, and in many places the hay has been fo long covered with water, that it could
neither be mowed nor got in. The fheep have alfo generally perilhed, and other animals been cut
off by a fudden diilemper (fuhita pejiej. M. M. p, 161.

§ At this time, fays an ancient writer in Leland's Collect, i. 24. James Douglas did much mif-
chief at Egremont, and fpoiled the church of St. Bega, &c. Carlifle (fays Mon. Malm.) was
always odiuus, was always formidable, to the Scots; often withftood their incurfions, and often
hindered their flights. M. M. 157.

|| Tyrrel, from Chr. Lan. fays, that lord Murray and Bardolph were taken prifoners j but
Randolph, earl of Murray, was then in Ireland.

and

ENGLAND AND SCOTLAND. 251

and good conduct of Hartcla on this occafion, determined the king of Eng- J* 01 "' B J U ''
land to commit to him, until the following Midfummer, the cuftody, not t _° c n _ 3 "'
only of Carlifle but of all the adjacent country ; and to command the inhabit- »3«5-
ants of the counties of Cumberland, Westmorland, and Lancafter, to give
him their attendance and obedience. The repulfe fuftained by the Scots at
Carlifle, did not difcourage them from an attempt to take Berwick, by means
of fome fhips wherewith they entered the river ; but being difcovered by the
Englifh, they were repelled with lofs.

In November the king fent his coufin the lord Henry Beaumont and Adam * 4 y 5 ™' lb- s4t '
de Winburn towards the march of Northumberland, with forces of horfe and
foot, to repel the Scots, and required the bifhop of Durham to raife his men to
join them. He, at the fame time, charged that prelate to forbid any of his
people to make feparate truces with the Scots. The calamitous and helplefs
ftate of the inhabitants of, the northern counties had driven them into this
expedient •, which, for the fake of an interval of quiet and larety to them-
lelves, hid them aiide from joining with others in the defence of their country.
In oppofuion to iuch pernicious contracts, the king declared, that every truce
ought to be concluded by the common allcnt of the wardens, conltab'.es of
catties, and communities of the counties ol the march, lor all and each peribn
of thefe counties •, nor was the agreement to be valid, until its conditions and
duration were notified to the king, and obtained his fanftion. For farther
fccuring the Northumbrian march, the bilhop of Durham granted his cattle of
Norham to be garrifoned by the king until the following Midfummer; and
Edward engaged to fave the bifhop, his fucceflbrs and church, from any
prejudice that might arife from this compliance with his requefl. Soon after,
Edward gave fimilar affurances to his fubjects of Gafcony, that they fhould
not be prejudiced in future, by the iupplies they had, of their fpecial favour,
granted to him for his war againft the Scots.

In the Englifh parliament, which met at Lincoln in the beginning of the a.d. 1316.
following year, there was granted to the king, for the Scottifh war, an able Carte Rec ib
footman out of every village or hamlet. Market towns were to fend more, 336.
according to their magnitude and wealth. The pay of each man was a groat a \l"' '"' i66 '
day for fixty days ; at the expiration of which, if they continued in the lervice,
they were to receive payment from the king. Inftead of thefe men, the cities,
burghs, and towns oi royal demefne, gave the king a fifteenth of their goods,
and the counties a fixteenth. In this parliament the earl of Lancatter iiad the m. m. p. 16S.
attendant, and was placed at the head of a council that ordered all public
affairs, and particularly thofe relating to Scotland. He W3S alio created the
king's lieutenant, and general of the army which was to be employed this year
againlt the Scots J.

It was probably owing to this attendant of Lancafter, and to a fecret intel-
ligence between him and the Scottifh king, that nothing of moment was this

% The king, on March 14, writes from Clipilon to a lord of Aq.. taine, .hat certain pre tes.
earls, &c. of the king's ccuncil, were named, and deputed to treat p.nd fin ; y ordain concerting
the affairs of Scotland ; but that thefe deputies, who were then at Lei.don, hau not jet com-i :o a
final refolution. Rym. ib. 555.

K k 2 year

2 5 2 THE BORDER- HISTORY OF

Ed ware in. y ear performed by the Englifti on the fide of Scotland •, although the fa ire ft
opportunity feems to have been given by an expedition that Robert Brus
made in perfon into Ireland, at the head of thirty thoufand men, to affift his-
brother Edward, whole progrefs in fubduing that country was not anfwerable
to his iirft fuccefies. Negociators of a truce or peace with Scotland were no-
minated in February, and alfo in April ; and it feems probable that RoberD
agreed to a lufpenfion of hoftilities, that he might be more at leifure to pre-
pate for his Irifn expedition. The rendezvous of Edward's military fervice,
w,hich had in February been appointed to be at Newcaftle, fifteen days after
Midfummer, was by a new proclamation, ifiued in the end of May, prorogued
to the fifteenth of Auguft ; and in the beginning of Auguft the king came in
perfon to York.
Rvm. u>. 5 68. Edward was attended at York by a number of his prelates, earls, and greatr
cartf, uv 341. rnen ; but Lancafter and others of his fadion were abfent. The king, by the
rounfel of thofe who were with him, fummoned the abfentees to bring their
military fervice to Newcaftle, eight days after Michaelmas, to reprefs the
Scots ; who, bi-fides other excefles of all kinds, had put under tribute the
holy church and the king's people. This fummons was enforced by a notifi-
cation that the king, by the advice of his counfellors prefent with him, had
refolved to feize into his hands the lands and goods of luch as refufed to give
the attendance required ; until the great council of the nation fhould ordain a
fuitable punifhment. At the fame rendezvous, all who had land worth 50 1.
or upwards, in the counties on the north of Trent, were fummoned by pro-
clamation to be prefent ; under the penalty of having their lands feized a
fortnight after, if they difobeyed.

The devaluations referred to in the abovementioned order?, were committed
in an inroad made by the Scots about Midfummer, under Robert Brus, before
he fet out on his expedition to Ireland, fie firft penetrated as far as Rich-
mond ; where the gentlemen of the neighbourhood taking refuge in the
caftle, made the beft compofition they could, for faying the town and ad-
jacent country from farther deftrudYion. The Scots then direded their courfe
through the weft of Yorkfhire; wafting the country for about fixty miles, and
car, ying off many prifoners. Thefe defolations of war increafed the fcarcity
m. m. p. 167. and dearth which had arifen from a fucceflion of deftruclive feafons, fo that
i.e. 6i. a quarter of wheat was fold in the north of England for forty flullings ; and the
Northumbrians were driven to the neceffity of eating the flefh of dogs and
horfes, and other unclean things.

It is probable that this destruction of the northern parts of England, with
the extreme fcarcity that prevailed in them, co-operated with the treachery of
Lancafter, to hinder a fufficient exertion of the power of England againft the
Scots, during Robert f Brus's abfence in Ireland. Nor is it credible, that fo
prudent a prince as Robert would have engaged in that expedition, if he had
not known that Scotland was fecure from any formidable attack of his enemies,
while he was abfent. That he had a fecret intelligence with Lancafter, or
c.°*s'. courted his friendfhip, appeared from his fparing, in his inenrfions, the eftates

which Lancafter had, nigh the inarch ; and Lancafter, it is probable, wilhed

ENGLANDANDSCOTLAND. 253

to eitablim Robert Brus on the throne of Scotland, for the fake of obtaining Robert Br...,
his aid againft his own fovereign, whole refentment for the deflrruction of L ' ° ^ c ut "^
Gavefton he continually dreaded. He provided, however, in the belt manner 1315.

he could, for the defence of his marches, by giving the charge of them to the
faithful and valiant lord Douglas*.

The Scottifh writers relate, that Douglas, during the king's abfence, re- ![ ori1 - ib -
pellrd feeral bodies of the Englifh, who attempted to penetrate into Scotland ;
and that in three {harp conflicts he (lew, with his own hand, as many noble
captains of his enemies. Two of thefe commanders were, Edmund de
Kylawf;, a Gal con, who was captain of Berwick, and Robert Nevill, both
knights. Kylaw had made a fuccefsful inroad from Berwick into the Mers
and lower part of Tiviotdale, and was returning with his booty of goods and
cattle-, when Douglas, advertiled by Sir Adam Gordon, who, about that
time, forfook the Englifh, coming forth from his foreit of Jedburgh, and
overtaking the marauders, found their numbers much fuperior to his own.
But valourcompenfated the defect of numbers •, and Douglas, as he was wont Barb. P . 3 i«.
in luch hazardous fituaiions, Angling out the perfon of the captain of the ad-
verie hoft r fecured the vi&ory by putting him to death J. Soon after, Doug-
las, rouled by the boalls of Sir Robert Nevill, led his men to the neighbour-
hood of Berwick, where Nevill commanded a confiderable body of forces •,
and in a fharp conflict met with the fame fate as Kylaw. His men alio were
routed ; and Douglas enriched his followers with the fpoils of a defencelefs
country §.

The Scottifh accounts add, that the Englilh, difcouraged and difappointed
by the prowefs and vigilance of Douglas, in their attempts by land, made a
delcent by lea, near the ifle of Inchcolm, on the fouthern coaft of Fife.
Their flrcngth, and the furprife of their fudden appearance, intimidated the
earl, the fheriff, and poise of the county ; but a courageous prelate, Sin-
clair bifhop of Dunkeld, ifiuing from his manor, in the neighbourhood, Abwcv
accompanied by fixty choice horfemen, whom he retained in his fervice, and
calling on the men of the country, who were ftaggering or flying, to follow

* According to Barbour, Walter Steward, the king's fon-in-law, was joined in the command with
Dougias. Barb. p. 324.

f In Barbour the i'pelbng is Cai'ow, probably the French Cai'lou.

J Seal. Chron. in Lei. i. ^47. (peaking of this lencounter fays, that James Douglas difcemfited
the garrifon of Berwick at Staithmore. it fhould probably te Scaithmore, comininly pronounced
Skamor, where many Galcons were flain. The fame author fays, that Robert Neville's deteat was-
owing to the treafon of the marches.

§ Barbour places the conflicts with Ca : low rnd Nevill before Robert's fetting out for Ireland;
He relates another engagement which Douglas had with Thomas earl of Richmond, wlro com-
manded on the Englifh marches, and led ten thoular.d men to attack Douglas in Jedburgh foiell,
and provided them with axes to hew down the forefl itfelf, which was cue of the fecurclr retreats of
their enemies. But the addrefs and valour of Djuglas, with far inferior numbers, prevailed againft
the Englifh, and Richmond fell by Douglas's own hand. Douglas had, at that time, with the
materials which the forett fupplied, erected conrfoi table huts for his men, and an habitation for

himfelf, on the haugh of Lmtalee. Barbour, 334 339. This, from a wrong reading, is

in Lei. Coll. i. 547. Lincelly. The captain whom Douglas flew, he calls Thomas de Richemont ;
and fays, that the carl of Arundel had at this time the chief command on the inarches.

him,

254

THE BORDER-HISTORY OF

Edward ii. dim, was fo well obeyed, that the Erglifli were driven back to their iliips,

R^England. ^ ^^ q( (hem ^^ and drQwned _

i~^Z~~ While Edward was at York, Richard Kellaw -bifhop of Durham died; and

Ang°sa'c! 9 i tne king, moved by the entreaties of the queen to reject the perfon chofen by
757. the convent -f-, applied to the new Pope John XXII. to promote to this lee

Rym. ib. 581. L ou j s de Beaumont, brother of the lord Henry Beaumont, and treafurer of the
church of Sarum, as a perfon peculiarly fit for defending the marches againft
the Scots. This requeft being feconded by the king of France, was readily
granted by the Pope. A commiffion -was alio given by Edward, before he
left York, to conclude a truce with the Scots, from the end of November till
Chriftmas. But this negotiation either faded, or the refpite from war did not
exceed the term juft mentioned ; for, on the :oth of December, Edward iffued
an order to his fhenffs, to give no moieftation to David de Strathbolgy earl of
Athol, with his company, in attacking the king's enemies of Scotland J, as
the king had given that earl a right to whatever moveables he fhould take
fiom them; referving only to himfelf the privilege of claiming any of the
earl's prifoners, on paying him at the rate of 10c rilerks for each. This earl,
for the fake of increafing his company, was, in the following year, authorized
by Edward to receive to his peace and obedience, thofe of the earl's men and
tenants in Scothnd, who had adhered to the king's enemies there, but were
now willing to ferve him under their natural lord.

The papal chair, after having been kept vacant by faction and intrigues

more than two years, was filled in the preceding Auguft, by the election of

Pope John XXII. whofe favour Edward early and effectually iecured -, hoping,

by the thunders of the See of Rome, to fubdufe an adverfary, againft whom a

a. d. 1317. great fuperiority-of temporal force had not been able to prevail. On the flrft

Rym. iii. 5 c,4. day of the year, the Pope, pretending an ardent zeal for the recovery of the

e ' ! * Holy Land, to which the wars between Chriftian princes and ftates were

a grievous obftruttion, emitted a bull, commanding the king of England,

and him who pretended to be the king of Scotland*, to obferve, under pain of

excommunication, a two years truce, to commence from the time of the

f Robert de Grayftanes, the hiftoiian of the church of Durham, fays, that the queen hearing
that the king was about to confirm the election made by the monks, of Henry de Stamford, fell on
her bare knees before him faying. My lord, I never afked you before for any of mine ; if you love
m-, take fuch meafures as that my coufin Louis de Beaumont be bifhop of Durham. The fame
hiitorian fays, that he was of the blood or the kings of France and Sicily, ib. p. 760.

The Beaumonts, lord Henry, and Loui- the bifhop, the fo>mer of whom became very great and
confpicuous in the courfe of this reign, and in the following, are faid to have defcended from
Loui?, fon to Charles earl of Anjou, a younger fon to Louis VIII. king of France. Louis was
lord of Beaumont in France, and by Agnes de Beaumont, his lady, had his two fons above-
mentioned, and Ifabel, the wife of the laft of the Vefeys of Alnwick cattle. Barnes's Edward III.

X Barbour, in p. 278. relate?, that the Earl of Athol's filler Ifabel was wife to Edward Brus,
and that Edward having an amour with a filter of Sir W. Rofs, one of the two Scottifh
knights that fell in the battle of Bannockburn, the earl ftiewed his refentment by burning fome of
the king's Itores at Cambufkenneth, killing Sir VV. Keith, &c. on the eve of the day of Ban-
nockburn battle ; for which excefies he was banifhed, and his lands forfeited. His port of conltable
of Scothnd was, in the foliowing year, bellowed or* Sir Gilbert Hay of Errol. Dugd. Peer. p. 46.

* He at the fame time calls him his beloved Jon, the noble Robert de Brus.

7 notification

Dirr.itius, HilH-
Dan.

ENGLAND AND SCOTLAND. 255

notification of this bull, that during this interval meafures might be employed Robert Brus >
for effecting a lafting peace. In March, John de Ofla, a cardinal prieii, and .* ."'"J
Luke de Fiefchi, a cardinal deacon, received a commiflion to fettle peace >->7
throughout Britain and Ireland ; with full powers to cenfure the refractory, ' 7 '

and to remove all obftacles to concord, that might be alleged to arife from
oaths, or contracts of any kind.

Thefe peace- makers arriving in England in the month of July, came to the Rym.Jb.e5e
king at Nottingham, and in Auguft fet out towards Scotland. The north of 66 3- 6 7°-
England did at that time abound with banditti, who having taken their rife
from allocations that the calamities of the times had impelled men to form
for their mutual defence, loon forgot the diftinction between friend and foe*
and made a prey of whatever tempted their avarice. A gang of thefe, com-
manded by Gilbert Middleton, keeper of the caftle of Mitford j, and by c*/fe« et nor.
Walter Selby, robbed the cardinals of their money, goods, and horfes, near
Darlington J, on their road from York to Durham. The cardinals they did not
detain-, but Louis de Beaumont, who accompanied them in order to receive
confecration at Durham, and his brother lord Henry, were carried prifoners,
the former to Morpeth, the latter to Mitford, and obliged to pay a great fum
of money as the price of their liberty. Middleton did not long elcape the
punilhment he merited for this and other excelTes ; for having fallen into a fnare
laid for him by fome neighbouring gentlemen, on whom he had committed
depredation?, he was lent in fetters to London, where he was hanged, drawn,
and quartered, in the following January. His retainers joined the band of his
ally, Walter Selby, whole ftrong hold wai the 'little caftle of Horton *.

The cardinals had fent before them into Scotland two meflengers, a bifhop Rym. ;t>. cs*
and an archdeacon, to prepare, if poflible, the way for their own entrance :58,
into that kingdom ; the effecting of which they could not but confider as very
precarious, from the refufal of admiffion to a meflenger from Rome, who had
arrived three months before on the borders; and whofe errand was to notify
to the clergy of Scotland the election of the Pope. The meflengers of the
legates, not without difficulty and danger, arrived at Roxburgh, where the
Scottilh king at that time refided ; having, in the beginning of the furnmcr,
returned from Ireland, after lofing in that kingdom the greateft part of his
army by famine. But although this lofs, together with his reverence of the
Holy See, retrained him from giving the Englilh any difturbance in the
courle of this year, yet he continued firm in his purpofe of aliening and
defending his right to the crown and kingdom of Scotland, in oppofition to
whatfoever pretended authority might be employed to deprive him of it.
Robert received the meflengers of the legates in a gracious manner. Some of

f It is faid, that Middleton was incenfed againit the king for arreting his. coufin Adam de
Swinburn, who had fpoken too fharply to the king, concerning the affairs of the marches. With the
concurrence of other marchers, he did much harm in Cleveland, and took all the callles of Nor-
thumberland except Alnwick, Bamburgh, and Norham. Lei. Coll. i. 548.

1 At a place called Aile. Rym. ib. 667.

* Walfingham calls it Refortiuncula. Probably it is the Horton fituated fouth of the little river
Elyth, about ("even miles dillant from Mitford. There is alio a place of that name, with the ruins
of an old caflle or tower, about four miles N. E. from Wooller,.

ths-

25 6 THE BORDER. HISTORY OF

Ectwird ii. the letters they brought from the cardinals were fealed, and directed to Robert
- k. of England.^ -g>rus governor of Scotland. Tliefe the king would not fufFer to be opened »,
ijj;.. alleging they could not be meant to be addrefled to him, who was the king
cf Scotland. The letters they carried from the Pope, and other letters trom
the cardinals, were open. Thefe he < aufed to be read -, liltening to them with
an air of profound reverence. He then declared to the metier gers, that, on
account of the direction of thefe letters, and of the importance of the matters
they contained, he could not give them an anfwer, nor fufFer the legates to
come into his prefence, until he had firfr confulted his barons; tor which pur-
p'Te he promiled foon to affemble them, and to nodiy to the legates his
reiblution, on the feaft of Michaelmas then approaching. This declaration
he accompanied with exprellions of his earneft defire of peace, and of his
gratitude for the endeavours of any perlon to eftablifh it 5 but at the fame
time blamed, in gentle terms, the partiality of the Holy Father ; who, to
gratify tke king of England, refufed him his juft title of king of Scotland •,
■which all other kings and princes had then contented to give him.

By the time prefixed, the It gates received information, that they would not
be fuffercd to enter Scotland, if they did not firft acknowledge Robert's title
to the crown. Provoked at fo determined a refufal, they relblved to make
trial of the force of their fpiritual artillery; and, in order to it, they lent
Adam Newton, guardian of the Minorite friars of Berwick into Scotland, to
lay before Robert Brus and the Scottifh bifhops and abbots, the papal bulls,
ordaining a truce between the kingdoms, the proceedings upon thele bulls by
the legates, together with the bulK that contained their powers.

The friar having proceeded to Old Cambus, twelve computed miles in the
road from Berwick to Edinburgh, found the Scottifh army encamped in a
wood near th.it place; and though it was then after the middle of December,
employed in felling trees and preparing engines for befieging the town and
caftle of Berwick. He had left at Berwick the bulls and other papers he was
charged with, until he fhould have obtained a fafe-conduct from the Scotch
king; which was granted to him, in their fovereign's name, by Walter the
high fteward, Sir Altxander Seton, and William Montonforth. On his
returning again from Berwick, he was not fuffered to come into the king's
prefence, but was commanded to deliver his papers to the perfons juft named,
in order to their being inlpecfed by the king. He leized, however, the op-
portunity, according to the account he himfelf gave of his proceedings, of
proclaiming before thefe Scottifh courtiers, and a great number of people
around them, in name and by authority of the Holy Father, a truce between
the two kingdoms ; but no one feemed fo much as to hear what he laid. The
papers were foon returned to the friar with expreffions of contempt •, the kincr
declaring, that he would not obey the Pope's bulls, nor pay any regard to the
procels of the cardinals, unlefs he had the title given him of king of Scotland ;
and had alio the town of Berwick'dehvered to him by the Englifh king. On the
next day the friar was difmifled, having in vain requefted a fafe-conduct ; and
on his way to Berwick was robbed and ftripped of every thing, even to his

clothes,

ENGLAND AND SCOTLAND. f 57

clothes.*, by four men, who it was beltev&d were ordered to way-lay him, ^"J^,""^
that thev might bifUig btfcli to ihc king of Scotland the papal bulls -j- and pro- i - _ .
ccfs of the card, nil legates. 'J 1 ^

In the courle cf this year, Edward was mi ch annoyed by the rebellious
behaviour or the earl of L.ancafter, who nbfented himfelf from parliaments, on
pretence of the favour o! the kirvr i-> hi; enemies ; and Inving quarrelled with
the earl of Surry, forcibly feized ionic of his calllts, as well as fome of thole
that belonged Co the king. The cardinal legates mediated a temporary recon-
ciliation ; but were not able to ejuinguifh animufitics, or to teach Lancafler
loyalty and obedience, Thefe inteftine bioils, together with Edward's fub-
mill.on to the papal authority, enjoining a truce, feem to have fufpended hofti-
lities on the part of the Englifb, againft the Scots, during this year.

In the following March, a oommiflion from the king of England was given R A ' ^'l'!'
ro eight perfons, at the head of which were the archbifhop of York, and Gil- 7 ^ 7 ,' 7 z 9 .
bert de.Umfranville earl of Angus, to enter into a treaty with commiffioners
from the king of Scotland, for confirming the truce ordained by the authority
of the Pope and apoftolic fee. It is affirmed in the papal bull of excommuni-
cation, afterwards emitted againft Robert Brus, and in letters of the king of
England to the Pope, that this appointment of commiffioners was made on
the requeft of Robert Brus, and that the place agreed on for their meeting
was Berwick ; circumftances by which Robert's enemies fought to fupport their
charge againft him of treachery, as well as the mod flagrant contempt of the
papal authority, manifefted in his taking of Berwick, not many days after the
commiffion juit mentioned was. given J; The Englifh writers relate, that Ber- April ».
wick was betrayed to Robert Brus by its governor, Peter Spalding, for a fum Ford.i.n.e^.
of money. But Barbour, the rhyming hiftorian of Brus's achievements^ re- Eaib - 347— 35S«
lates this event in a different manner [|. According to his account, Peter
Spalding, a burgefs of Berwick,; who was married to a coufin of Sir Robert
Keith's, marfhal of Scotland, entertaining a violent refentment againft the.
governor of the town, for the malignity and cruelty he fhewed to all Scotch-
men, formed a projecf of betraying the place to the Scots. With this view,

* Halitu/uo, ac •vefiibus paup'ertatis, et rebus aliis quas portabat, hnmanitsr fpoliarunt. Bull of
Nov. 17, 1319. R>ip.ib. 799.

■f the bull of e\communication againft Robert Brus, directed to the cardinal legates, fays, That
the I'cpe's letters appointing the publication of a truce between the kingdoms were not only forcibly
taken from the Friar and his companion, but, in utter contempt of the holy fee, to:n to pieces
(iotaliur laceraitej; Rym. iii. 707.

X The Pope's bull affiims, That the place was taken the more eafiy, by reafen of its being trea-
cheroufly afiaulted, at a time when the Englifti king could not fufpect that it was in the leaf! hazard.
The fame bull fays, 'I hat the Scots committed a great and cruel ilaughter, both on the.king's garri-
fon (gentem regiam inibi) and the inhabitants : and Edward, in his letters to the Pope and cardinals
in 132;, llill infills, That the Scots treacheroufly feized Berwick, at a time when he, in obe-
dience to the exhortations of the Holy Father, was iliiclly keeping the truce enjoined by him.

|| Baibour fays, That all Scotland was then fubjed to Robert Brus, from the Red Svvyr ur.to
Oikney, except Berwick :

Fra the Red Svvyr unto Orkney

■Was nought of Scotland fra his fay

Outtaken Berwick it alone. . .

L 1 he

2 5 8

THE BORDER-HISTORY OF

toward ii. he propofed to the marfhal, that on a night, when it was his (Spalding's) turn
k. of England . ^ ^^ watc f 1 on ^ p art f tne wa n adjacent to Cow-gate, a fufficient body

"~ TJiiT of Scots fhould enter it on that quarter, by means of icaling-ladders. The
marfhal having informed the king of this propofal, meafures were concerted
for carrying it into execution •, and the king's chief captains, Randolph and
Douglas, were ordered with fufficient bodies of their followers to repair, on the
evening prefixed, to a place called Dunce Park, where the marfhal and his
men joined them *. Having left their horfes at a confiderable diftance from
the town, they advanced to the appointed place of the walls, and entered the
town unperceived by any but their friend Spalding, who conducted them to a
place, where they remained concealed till day-lighc. The luft of booty made
many of the Scots fcatter through the town, and too much weakened the
force that remained with their leaders •, which occafioned fharp conflicts with
fome parties of the garrifon that were able to unite ; but the aflailants at laft
every where prevailed, and were completely mafters of the town about
noon.

Many of the garrifon and townfrr.en had fled into the caftle ; and it being
obferved from thence, that the number of Scottifh banners was but fmall,
thofe in the caftle fallied forth, in hope of expelling their adverfaries from the
town. A very fharp engagement enfued, wherein Randolph and Douglas
difplayed their wonted prowefs ; and in which Sir William Keith of Galleflon,
who had but a little time before been knighted, very eminently diftinguifhed
himfelf. The caftellans were, in the ifTue, driven back, and prefied fo hard, that
many of them were cut off in their retreat, and the gates were with difficulty
fliut againft the purfuers.

The fame of the recovery of Berwick foori drew fufficient numbers of men
from the neighbouring Scottifh counties of Mers, Tiviotdale, and Lothian,
for defending the town, and alfo for affifting in the fiege of the caftle ; which,
probably being too much crowded, capitulated on the fixth day -f after the
town was taken; thofe within it being allowed to pafs into England. The
king foon after arrived, and took up his refidence with his court in the caftle ;£.
Great quantities of provifions and military ftores were found in the place; and
the king refolved to make an exception of Berwick, from the rule he had
hitherto obferved, of demolifhing the fortreffes recovered from the Englifh.
He gave the keeping of both town and caftle to his fon-in-law Walter Steward

• The marftial's men were the belt of Lothian, of which county he was (heriff.

+ In Lei. Coll. it is faid, that the caftle held out for eleven weeks, and that Roger Horfley, the
captain of it, loft one of his eyes.

The taking of Berwick was recorded by fome Scotch monks in the following rhymes :
Mfemel, et Cter, femel X,femel V, dabit Iter;
Capto Bervico, Jit laus et gloria Chrijlo. Ford. ?. 1 2. c. 37.

J Perhaps this reduction of Berwick, completing Robert Brus's conqueft of Scotland, determined
William L^mberton bifhop of St. Andrews, to acknowledge the authority of that prince. The king
of England, on the 6th of June of this year, complains to the Pope of Lamberton's perfidy ana
ingratitude ; and befeeches the Holy Father to depofe him, and to confer the fee on Thomas de
Rivers; on whom he pretended that Clement V. had collated it. Rym. ib. 710. Lamberton, on
the 3d of June this year, dedicated the great church of St. Andrews. Ford. 1. 12. c. 37.

ENGLAND AND SCOTLAND. 259

of Scotland; who was ambitious of obtaining a fettlement on the borders, Rol > frt B "* 8 »
where he might enjoy daily opportunities of diiplaying his youthful courage in [ K -° fSc "' lanj ;
defending his country. To aflift him in this work, he called forth from his 13 18.
own domains five hundred gentlemen of his blcod or dependence. He pro-
vided alio lufficient numbers cf inferior condition for mooting with bows, and
working engines *, and had for his chief engineer Sir John Crab, a Fleming,
of high reputation in his art.

The reduction of Berwick was foon followed by that of the caftles of Wark
and Harbottle, which, being affaulced by the Scots, received no timely aid
from their countrymen -f. The Scots purfuing their fuccefies, and penetrating Rym.iii.713--
farther into Northumberland, furprifed the caftle of Mitford, fo that they 7*7*
were mafters of all the county, except Newcaftle and a few ftrong holds.
In May they advanced under lord Douglas farther into England, than in any
of their former invafions. They burned the towns of North Allerton, and
Boroughbridge -, and alio plundered and burned Rippon •, where fomeofthe
inhabitants, who had taken refuge in the church, were compelled to pay one
thoufand merks, to fave themfelves from being burned with the reft of the
town. They afterwards fet fire to Scarborough, and Shipton in Craven, and
returned with much booty and many prifoners J.

Thefe

• Barbour writes, He gart engines and cranys ma

And purvayed great firs alfa,

Spryngalds and fhoton feir manners

That to defend caftles eft'eirs ;

He purvay'd into full great wayne,

But gynnis for crapys had he nane,

For in Scotland yet then belt ween

The ufe of them had not been feen. Barb. p. 354.
f Edward's proclamation of June 10 fays, That they had taken fome of the king's caftles, and.
fome of thofe that belonged to his faithful fubjefts within England, on the march of Scotland.
Rym. iii. 713.

X At this time fays the Sc.-Chr. Thomas Gray and his friends defended the caftle of Norham j
which fortrefs, while in the keeping of Gray, was once befieged for the fpace of a year, and another
time feven months. His enemies raifed fortrefles before the caftle ; one at Upfetlington, of which
the traces probably remain on the top of the bank of Tweed, a little below Ladykirk, at a place
called Caftlc-hilh, and another in the church of Norham. The caftle was twice victualled by the
lords Percy and Neville. Sir Adam Gurdon (Gordon), with one hundred and fixty men, came to
drive away the cattle pafturing by Norham. The young men of the neighbourhood encountered the
Scots, but the latter being likely to overpower them, Thomas Gray came to their aid with fixty men,
and killed the greateft part of the Scots with their horfe. The outer ward of the caftle was taken
while Thomas Gray was its keeper, on the eve of St. Catharine ; but the Scots kept it but three days,
having failed in the work of mining. The following ft at of chivalry, to which the hazardous fitua-
tion of this caftle gave occafion, is worth recording. At a feaft in Lincolnfhire, where were prefent
many gentlemen and ladies, a certain lady brought from her miftrefs to Sir William Marmton an
helmet, with a golden creft, with a letter of commandment, That he (hould go into the place of
greateft danger thtn in England, to make (how of his helmet, and gain fame to it. So he went to
Norham, whither, in four days after his arrival, came Philip Moubrai, governor of Berwick, with
one hundred and forty men of arms, the very flower of the Scottifh marches. On fight of this,
Thomas Gray brought forth his garrifon before the barriers of the caftle, behind whom came Mar-
mion richly arrayed, and with his helmer, the prefent of his lady, all glittering with gold. Then
faid Gray to Marmion, • Sir knight, ye be come hither to fame your helmet, mount your horfe, and
« ride like a valiant man to your enemies here at hand ; and I forfake God, if I refcue not thy body,

L 1 2 ' dead

2 6o THE BORDER-HISTORY OF

Edward ii. Thefe open and violent hoftilities of the Scots, which began with the taking

^ " ga " \ of Berwick, being notified to the Pope, produced new and decifive orders to

ij'*« the legates, to publifh the fentence of excommunication againft Robert Brus,'
Rym! y ib* 8 7o 9 — and interdict againft his fubjects, in churches and public places, every holiday
713- and Sunday, with the ufual folemnities; which was accordingly done in Eng-

land, Wales, and Ireland, and alfo in France and Handers. But thefe fulmi-
nations being of no avail to abate the courage, or to blunt the weapons of the'
June 10. Scots, Edward, in the beginning of June, iffued his fummons to all his mili-
tary vafTals, to attend him at York, in order to march againft the violators of
the papal truce ; which truce he, ' as a fon of obedience,' had faithfully kept ;
but which could no longer be binding on him, after the Scots had fo grofsly
broken it. By the interpofition of the legates, who foon after left England,
an agreement was concluded between the king and his coufin of Lancafter; in
confequence whereof Lancafter again obtained the afcendjnt in the king's
council, and the elder Defpenier was driven from court. The king wifhed to
improve the reftoration of his domeftic quiet, by undertaking an expedition
Mon. Malm, againft his enemies of Scotland. Thefe, after their other exploits, had laid
p. 185. fiege to the caftle of Norham ; and it was believed, that unlefs fuccour was

fent to this fortrels, it could not hold out beyond Michaelmas. Edward hav- :
©a "o. ing' come to York held a parliament, wherein his agreement with Lancafter
Rym.'ib. 742. W as confirmed. He alfo collected, at the fame place, a great army* in which
were bodies of heavy-armed footmen fent from London and fome other
cities j.

His receiving an account of the deftruction of Edward Brus and all his
followers, in the battle of Dundalk, on the 14th of October, afforded frefh
encouragement for an expedition againft the Scots ; but the advanced feafon,
and the defolation of the frontier country, were difficulties not eafy to fur-
mount ; and it is alfo related, that ftrifes breaking out among the forces
afiembled at York, had made it necefiary to difperfe them. The king, how-
ever, refolved to fpend the winter in the North, for the defence of his king-
Dec , 6 dom againft the Scots •, and for this purpofe the ftri<5teft orders were iffued for.
Rym. ib. 748. all men on the north of Trent, from twenty to fixty years cf age, whether in

' dead or alive, or I myfelf will die for it.' Whereupon Marmion mounting his cburfer, ro^e among
the throng of enemie:, who laid fore lliokes on him, and at lait pulled him out of his laddie to the
ground. Then G. ay, with his garnfon, fell on the Scots, a'nri touted them ; and Marmion, Beirilj
remounted, joined with the caftellans in the ch.ice. Kitty horfes of value weie taken, and the wo-
men of Norham brought them to the foot to aflift in the purfuit. Thomas Gray killed one Cryne,
a Flemifh pirate, in great favour with Robert Brus. T hole that efcaped, were chafed to Berwick
nunnery. Lei. i. 548, 549.

The [articular accounts of the atchievements of Thomas Gray, 'given in the Seal. Chron. "which
a certain Englifhman (taken prifoner in war, an! . arried to Edinburgh; tianflate.l nut bfFrehch]
rhyme into French profc) favours the .conjeilure, v. inch Lel.ind forms from other ciicumltancer, that
one of the Grays of Northumberland was author of it. 1 lie extiafts- from this work in Leland extend
fiom p. 5C.9. to qSc. 1

4/ Thty are faid to have been armed Aketonis, Haubergettis, Bacincttis (hev.il p-ccet), et Circtecis
ferreis. They were to ferve forty days, at the expeoce of the ^pndiners, but continued with the
kin» probably much longer (per tempus non modicum). J he king grant.- that this fhould not be to
the prejudice of the Londoners, nor be drawn into conlequence. Rym. ib.

the

Wal. Hift. in.

ENGLAND AND SCOTLAND; 261

tlie rank of horiemen or footmen*, to be fufficientlv armed, and regularly R, '' t,t B "">

, , 1 11 • i- /• 1 j r 11 ° 1 • K. of Scotland.

arrayed •, and to be all in readineis, at three days warning, to follow their , . r

lords, who were empowered and required topunifh the difobedient. a. d. 1319.

I'dward being informed, that the Scots were foliciting at the papal court
a revocation or mitigation of the fentence iffued againft them, employed the
whole weight of his intereft at that court to defeat their endeavours; apply-
ing in particular, with that view, io his good friends the cardinal legates,
who had lately been in England. Having alio intercepted letters from Tome,
who attend-, d the Pope's court, to excommunicated Scotchmen, he fent them
by Sir John Neville to the Floly Father, who cauled fome Scotchmen and their
fautors, concerned in this correspondence, to be imprifoned. This proof of R ym . ; . 7JZ ,
friendmip encouraged the king, to entreat the Pope farther to extend his 7 Gl > 7**>
ceniures againft the Scots. Bur, notwithstanding thefe indications of an hof-
tile fpirit, Edward, about the lame time, requested the Pope's leave to treat
with thole of the Scots, though excommunicated, who were defirons to enter
into a treaty with him, for obtaining his peace and favour; of whom, he
affirmed to the Pope, that the number was cenfiderable. He even hoped to gain
fome perfons of confequence ; and that by their defertion the reft would be
fo difcouraged and divided, as to be more eafily brought back to their duty
to their ipiritual father, and to himie'f, who claimed to be their rightful tem-
poral lord.

Edward endeavoured farther to avail himfelf of the Pope's fentence againft Rym. ;;;. 759.
the Scots, by making it an argument to induce the earl of Flanders, the duke 76 '\ ?66, 77 °"
of Brabant, and fome of the great cities of the Netherlands, to forbid the ex-
communicated and interdicted Scots accefs to their ports or territories ; and to
refufe them fupplies of men, victuals, or arms. And to enforce this requeft,
he farther informed them, that he had appointed keepers of the Tea, who com-
manded lhips of war, to be employed in intercepting fupplies that were fent to
his rebels ; the carriers of which fupplies would be expofed to the fame fevere
treatment as the rebels themfelves. Edward received from the princes'
and cities, anfwers of different kinds. The earl of Flanders and citizens of
Bruges declared, that their ports and trade were open to people of all coun-
tries; and that they could not infringe this liberty, without defola; ion and
ruin to themfelves. The anfwers of the duke of Brabant, who was Edward's
nephew, and from the cities of Mechlin and Ypres, were more favourable.

Edward was not only thus diligent at foreign courts, but was equally care-
ful at home, to prepare for an expedition into Scotland ; the firft object of
which was the recovery of Berwick. In the beginning of fummer he held a
parliament at York, win rein the nobles and gentlemen gave,. hinV for the Scot-
tifh war, an eighteenth of their revenues ; cities and burghs a twelfth. of their
goods; and the clergy, with the Pope's permilfion, a tenth. Orders were R ym . ;b. 774,
given to the earls of Lancafter and Hereford, ar.d to feveral other barons, to 77s- 787.78?.
ratle in their domains able footmen; part of which were to be furniihed with

• The foot were to be diftributed into bands of twenties and hundreds, and the horfes in due
onier under conflabulary.

heavy

ifa

THE BORDER- HISTORY OF

Edward it. heavy armour, for ferving at the intended fiege. The general rendezvous-

k. of England. wag appointed to be at Newcaftle, in the end of July * : but the expedition

T^? - was probably retarded by a lcarcity of money ; for loans of which the king

July 20. folicited, with great earneftnefs, the bifiiops and heads of convents, as alio

cities and burghs ; offering as fecurity for repayment, the fupplies which the

lb. 786, 7 8 7l parliament had granted. At the fame time he requeued the bifhops to caufe

7 s8 - prayers to be put up for the fuccefs of his expedition.

At length, on the firft. of September, the king arrived at Berwick with a

M.^Maim. 191, numerous armv . w herein Lancafter and the other chief nobles of England
were prefent f. This was accompanied by a fleet from the Cinque-ports,
laden with provifions and all kinds of (tores. Befides the king'*, military
valfals with their dependents, and the foldiers to whom he gave regular pay,
there were many thoufand footmen who ferved in the army as volunteers,
encouraged by the hope of booty ; the king having made a grant to each of
100/. value of what they could feize of the goods of their enemies, without
being liable to make reftitution. Thofe who ferved by fea had the like grant
of fecure poileflion, of all the fpoils they could gather in their defcents on the
enemy's country. Thefe conceffions giving fecurity againft the reftitutions
that were wont to be made on the conclufion of a peace or truce, drew many,
by the profpect of booty, to ferve both by fea and land.

The firft care of the Englifh, was by an intrenchment to defend their camp
a°ainft the attacks of the Scots. They then proceeded to attack the town,
•whereof the walls were fo low, that an aflailant from the foot of them might
with his fpear ftrike a defendant on the top J. Two remarkable general
affaults were given by the befiegers on the feventh and thirteenth of Septem-
ber. In the former, they endeavoured, at many different places, to fcale the
walls ; while a (hip, on the fame day, failed up the river §, and approached as
nigh as poffible to the wall with a boat hawled up on her maft filled with
foldiers, and provided with a bridge to reach from the boat to the top of the
wall-, the crew of the fhip were fo diftreffed by ftones and miffile weapons from
the wall, that they could not get fuffkiently near for applying their bridge,
and the fhip being left aground by the ebbing tide, a party of the garriion
fallying forth burnt her} although with the hazard of being intercepted by

* On the 19th of July the king, while at York, bellows nine prebends of the diocefe ofGlaf-
gow, which diocefe is faid to be vacant, and in the king's hands ; alfo prefentations to fome other
livings in that diocefe, and to fome in the diocefes of Whithern and St. Andiews. In this
Kit are fome hofpitals, particularly two of St. Mary Magdalene; one at Roxburgh, and the other
in the neighbourhood of Berwick, from which the field between Berwick-wall and the fea has had
the name it Hill retain?, of Magdalene, or Maudlin Field. The king, and thofe who folicited
thefe livings, feem to have made no doubt of the fuccefs of the intended expedition. Rym. ib.
785, 786.

f Befides LancaAer, there were prefent, the earls of Pembroke, Arundel, Hertford, Warrenne,
and the eail Marfhal, the king's brother, alfo Hugh d'Efpenfer, Roger de Tammori, and Hugh
Dendeley, who were the three heirs of the earldom of Gloucefier, by their marrying the late earl's

fillers. M. Malm.

J The walls of the town then were
So low, that a man with a fpear,

Might itrike another upon the face. Barbour, 358, 119, &c.

$ The (hip is faid by Barbour, to have been towed by barges by the bridge-houfe, to the wall.

fome

Robert Brus,
K. of Scotland,

'3'9-

ENGLANDANDSCOTLAND. 26*3

fome of the befiegers, who came along the fhore by the foot of the wall to
attack them. In the next general afTaulr, which was made fix days after the
firft, the Englifh employed a great machine called a Sow, conftrucled for
holding and defending men who were moved in it, towards the foot of the
wall, in order to undermine and fap its foundation. To oppofe this, fir John
Crab had prepared a vaft crane, moveable on wheels, and faggots of a huge
fize, which being fet on fire were to be lifted up by the crane, and let down
upon the fow to confume it. An Englifh engineer of extraordinary fame,
who at the laft afiault had been taken prifoner from on board the veiTel than
was burnt by the Scots, was compelled, by menaces of inftant death, to employ
his art for deftroying the great engine of his countrymen. To effecl this, he
threw a great ftone from one of the engines on the wall, in fuch a direction
that after mounting to a great height, it fell on the fow with fo much force as
to fplit it afunder * ; and the burning faggots being afterwards applied by
the help of the crane, confumed the whole fabric. The befiegers, who the
fame day were employed in the attack againft Mary-gate, burnt the draw-
bridge, and were about to confume, in like manner, the whole gate; when the
governor having firft drawn a fupply of men out of the caftle, whofe fituation
was adjacent to this part of the town, and which was not on this day itfelf
afiailed, ordered the gate to be thrown open, and repelled the aggreflbrs with
fuch vigour that they were forced to retire. An affault alfo on that day by
the Englifh (hipping was repelled, chiefly by the art of the captive engineer
in throwing ftones from the wall. It was not however without considerable lofs
to the befieged, that thefe repulfes were given to their enemies ; and it is pro-
bable the latter would foon have prevailed, had not Lancafter, actuated by his
habitual malignity to the king and his favourites, and bribed, as was reported,
by Robert Brus, retired from the Englifh camp with all his men -J-.

The Englifh army was much weakened by the defertion of Lancafter; but
they fuffered a ftill greater difcouragement from the intelligence they received
of the earl of Murray and lord Douglas having entered England. In this
irruption they led jo,ooo choice men into the heart of Yorkshire ; and, in
the neighbourhood of York, had almoft feized the perfon of the queen of
England, who is laid to have been fold to the invaders by Lancafter, or fome
traitors in her court. The information of the approach of the Scots, extorted m. M*iau
from a Scottilh fpy who was apprehended at York, faved the queen ; but the
invaders, difappointed of this great prize which would perhaps have purchafed

» When fuch of the men under the fow as efcaped deftrutftion, came out and fled from her;
thofe on the walls faid fcofting, that the fow was made to ferry her pigs. Barb.

•j- Some of the Englilh hiilorians relate, that Lancafter was provoked to make this defertion by
the king's faying rafhly, that he would make Hugh d'Efpenfer keeper of the caftle, and Roger de
Tarrmori captain of the town. The Monk of Malmefbury relates, that the king faid, that when
the prefent troublefome affair was over, he would go on to other bufinefs ; for he had not yet
forgot the hard fate of his brocher Peter (Gavefton). M. Malm. p. 201. According to this
author, rone of Lancaller's friends joined in the afl'aults made on Berwick ; and it was reported,
that he received 40,000 /. from the king of Scotland for his aid and friendfliip. Lancafter com-
plained to the king of thefe reports, offering to put his innocence to the fevereft trial ; and was
cleared, according to that annalift, by a fham combat of champions (admij/a eft purgatio comith
cum quadam menu parium),

a peace

Barb. 377.

264 THE BORDER- HISTORY OF

Edward 11. a peace to their country, committed terrible devaftatipr.s i n 1 north

^^."-^j ridings. The archbilbop, William dc Melton, em.y|a'cing probably ike ini-
i;i ». mortal fame gained about two hundred years before by his predeccffor Thurfti :,

in the battle of the Standard, collected a tumuku^ry army, wherein were many
clerks both fecular and -regular, and had the temerity to give battle to the
Scottifh veterans under Randolph and Douglas, at Milton on the Swale, about
twelve miles north from York. The confequehe'e was the inltant and entire
difcom fit nre of the aggfelTors, of whom thive thouiand were fl.iin, and a great
number of the fcattered fugitives drowned in the Swale.

The refoluuon fhewn by the garrifon of Berwick, the defertion of Lan-
c after, and intelligence of the invaficn of the Scots, confpired to rjetertniae
Edward to abandon the liege of Berwick. He hoped to meet the invaueis.u-n
their return, to avenge their outrages and fl rip them of their booty ; but they-,
informed of Edward's approach and of the route in which hs was haftening to
them, and aided, it is laid, by Lan caller's treachery *, ftruek into a dider^nt
path, and regained their own country with all their rich Ipoi.Is. Robert Ems,
loon after thsfe fuccelTes, vifited Berwick; and receding 'on the hazard to
which it had been expofed by the lownefs of its walls, caufed a confiderable

Ty« e ]. a iii. a 274. addition to be made to their height all around f . Encouraged alio by the
fuccelTes of the Summer, and by the confternation of the Englifh, a band of
Scots under lord Douglas, about All If allow Tide, entering England, wailed
all Gillefiand, and as far as Burgh on Stanmore; whence returning by WeiL-
moreland and Cumberland, they marked their way by the like devaluations.

The confequence of lo long a feries of defeats and difgraces fuftained by
Edward, and of a fatiety of victory and booty on the pait of his enemies, was
a mutual refolution to give each other a relpite from the calamities of war.

Rjm.iii.S16. -For this purpofe, a congrefs of commifiioners \ was agreed to be held at
Newcastle on the fixth of December; who, on the twenty fi'rll of that month,
concluded a truce, to continue firft to the Chriftmas next enfuing, and thence
for two years.

Rym. iu. 817. The treaty of this truce is not publifhed in Rymer's great collection, but
fome papers that refer to it appear there, and drew part of its contents. One
article of it was, that the cattle of Harbottle, which the Scots had taken in
the preceding year, fhould be reftored to Edward's commifiioners, confidered
as private per fans \ on condition that, if a final peace fhould not be concluded
before the Michaelmas immediately preceding the term of the truce's expira-

* It was reported that lord Douglas, on his return to Scotland, parted through the army of
LancalU'r ; ar.d that the earl palled unarmed through the middle of the Scots. M. Malm.
-J- Barbour lays, That he gart well ten foot high the wall,
About Berwick town over all.

Whether doth he mean, adding ten feet to the former height, or making it ten feet high all
around ?

\ The Englifh commiffioners were, J. bifhop of Ely the chancellor, A. de Valence ear! of
Pembroke, Hugh d'Efpenler jun. and Barthol. de Badlefmere. They had powers to negbciatt
either a truce or peace, to confirm the one or the other by oath on the king's foul, to appoint
keepers of it on the marches, and to give fafe-c:mduc~t to thofe of Scotland who were coming to
Wewcaltle to treat with then. Rym. iii. 803.

tion,

ENGLAND AND SCOTLAND. 2 5 5

tion, thefe commifTioncrs fhould either rcftore it to Robert at the faid Michael- **>1>en Bru»,

mas, or wholly deftroy it before that term. From other papers it appears, ^ ^"''l

that all intercourfe (commmio) between the iubjec~ls of England and of Scot- ijij.

land during this truce, was forbidden. And if any (hips of Scotland were "* 8 79-

driven in or wrecked on the Englifh coaft, and fuch fhips became not the

property of the king of England or fome of his fubjedts, as being wrecks of

the lea ; then the fhips, with their cargoes and crew, were to be delivered to

their proprietors in Scotland. And this was extended to Scotchmen failing in

the {hips of any other nation, or the goods of Scotchmen on boird of thefe

fhips ; whtn fuch mips were driven in or broken in any of the king of

England's dominions, or taken by his fubjettson the fea, with the like provifo

as before, if fuch goods became not the property of the king or of fome of

his fubjecls as wrecks. It is no doubt to bz underftood, that, in like circum-

ftances, the Scots were bound to treat in the fame manner, the fhips, goods,

and perfons of the Englifh.

Soon after the conclufion of this truce *, confervators of it were appointed, a d. i«<».
There were two for Cumberland and Weftmoreland, Andrew de Hartcla, R J"?' **•
fheriff of Cumberland and keeper of the town and caftle of Carlifle, and
Anthony Lucy-, and four for Northumberland, William Ridel, Gilbert de
Burwedon, John de Penreth, and Roger de Horfely. The charge of thefe
confervators, as their commifllons bear, W3S to keep the truce agreeably to
its tenor ; to hear the complaints of all concerning damages fuftained, and
tranlgrdiions committed contrary to the truce; and after inquiring concerning
thefe infringements by good, lawful, and unfufpe:ted men of the laid
counties, to ('ojuftice, according to the treaty. They were a!Po commanded
to lcize in their feveral diftrids the violators by force of arms, when needful,
and to detain them in prifon until the king's pleafure fhould be known. All
perfons were ordered to give their aid in the premifes ; and for fea r ching out
and difcovering the truth in them, the fhenffs of the aforefaid counties were
enjoined to command the attendance of a iufficient number of fit perfons, at
fuch times and places as the confervators fhould notify to them. This com-
miffion containing the firft diftincT: view we meet with of. the charge of a con-
fervator of truce on the borders of the kingdoms, we have given the above
particular account of it ; and it is probable, that like commiflions were
given by the king of Scotland to coniervators appointed on his fide.

Robert Brus was not only under the execrations of the Holy See for his
contempt of its authority in violating the truce enjoined with England, but
was alfo under excommunication for the murder of John Comyn of Badenoch
in the church of the Friars Minors at Dumfries ; which fentence, on account
of Robert's mewing himfelf incorrigible, by having fuftained it more than
three years, the prelates of York, London, and Carlifle, had power from the Jan. 8.
Pope to publifh wherever they thought fit, on Sundays and holidays, with ym ' ' bl *'°'

• On Jan. 7. 3 fafe-condutt was granted by the king of England to feveral Scotchmen, knights,
clerks, and valets, who were corning to him to treat farther about the affairs of their mailer (called
Ie Sir« Robert). What thefe affairs were is not recorded.

M m the

Ford. I. 1;

266 THE BORDER- HISTORY OF

Edwnrdi! the ufual folemnities of ringing of bells and lighted candles*. Although

K. ox En i'. I 00 o t^

Robert earneftly wilhed to be reconciled to the Holy See, yet it was his fixed
purpofe, in which the profperous ftate of his affairs ferved to confirm him,
never to acknowledge Edward's fovereignty, or to renounce his own title or king
of Scotland : and to fatisfy the Holy Father, that this was a matter not wholly
in his own power, the nobles and chief barons of his kingdom holding an
affembly at Aberbrothick in the beginning of April, joined in writing a letter

And'.bipi. to the Pope-, wherein they declared, that while a hundred of them remained
alive, they would never in any degree fubmit to the yoke of England, ' and,
' that if their king, whom they had accepted in that quality, on account both of
■ his right, and of his merits in defending theii: liberty, fhould alter his conduct,
' and attempt to fubjedl them. to the king of England, they would immediate-
' ly endeavour to expel him, and to make fome other perfon their king who
' mould be able to defend them.' The whole letter breathes the fame fpirit
of independency and determined refolution.

Rym.ib.84g. ^ is probable that this letter was fent by Edward de Mambuiflbn and

Au . Adam de Gordon, "two Scottilh knights, who in the fummer of this year were

envoys from Robert Brus to the Pope. It appears from the Pope's letter to
Edward, giving an account of the letters of Robert brought to the Pope by
Mambuiflbn and Gordon, that Robert, though a fuppliant for the Pope's
favour, feared not to complain of the injuries he had received from him •, in
particular, of his having provided to the fee of Glafgow an Englilhman who
was his capital enemy, and of his hard treatment of fome Sco chmen and their
friends at his court, for their correfponding with Scotland. But the chief
errand of thefe envoys -f, and objedf. of Robert's letter, was to folicit a
relaxation of the fent'ences that had been given againft himfelf and his fubjedtsv.
towards which they prevailed fo far as to obtain a fulpenfion of the procefs
and inquifition, and a delay of the publication and aggravation of thefe
ientences, until the firft of April following.

This lenity of the Pope was probably in part intended to make Robert more
placable for agreeing to a peace witli Edward •, which the truce lately con-

Bym. ib. 816. eluded, gave time and opportunity to negociate and fettle. Me addreffed, in
the month of Auguft, his paternal admonition to the king of England to
fet about this work of reftoring peace with all earneltnefs ; as he revered the
prince of peace, and wilhed to give his aid for recovering the Holy Land,
Sept. 15. f or which he had long borne the crofs. In obedience to this admonition,
Edward foon named commiflioners for treating of a final peace with Brus.

Rym. ib. 8?i. Thefe commiflioners, meeting at Carlifle with others from the king of Scotland,

£61,862.864. it . 1 r 1 r l l 1 • r

could make no farther progrels than to agree that another meeting or com-
miflioners (hould be held at Newcaftle on Candlemas-Day ; where they were
to begin their deliberations by treating concerning proper fecurities, and a
Ncv. 17. convenient place, which was to be within the county of Northumberland or
Berwick, for carrying on this negociation. And a fafe-condudt was granted

* The Englifh bifhops had a!fo powers of the fame date, to excommunicate the Scottifh nobles,
with all their accomplices and adherents, who had invaded Ireland. Rym. ib.
f The Pope calls them fpecial meflengers,

ENGLAND AND SCOTLAND. 267

to the Scotchmen commifiioned for this effect, who were to be received at Rot>ert Br " s '
Tweedmouth by one or more of the Englifh confervators of the truce, on the ^ c ° tan ^
Morning* of the day preceding Candlemas, and to be conducted by them to Mto.
Newcaftle. Meanwhile powers were given to ibme perfons of eminence nigh
the marches, to receive to Edward's peace and obedience fuch as were wounded
in their confeiences by the papal excommunication and manifold other cauies ;
but thefe converts were to give fufficient fecurity for their not violating the
prefent truce by any attempts againft Robert and his adherents. Powers were D "' "*
alfo given them f, to remit, in Edward's name, to thofe of Scotland who mould
return to their fealty and obedience, all penalties and forfeitures they had in-
curred ; with an exception of Englifh deierters, who had acted hoftilely
againft their king and country, and who were not to be pardoned withouc
farther fpecial orders.

In the following January, a commiiTion was given by Edward to twelve a.d. rjat.
perfons, moil: of them of the higheft rank, one half clerks and the other ? 5 o m ' g L b 866-
laicks, to treat, conclude, and confirm a peace with Brus and his adherents £-.
Commiflioners fiom Scotland met with thefe in the month of March, and to
aid as mediators in the treaty, there were prefent two envoys from Philip king
of France, firnamed the Long, and two nuncios from the Pope §. But the
claims 0.1 eich fide were fo incompatible, ar:d maintained fo pertinacioufly,
that all endeavours to conclude a final agreement proved vain. This gave
Brus the lefs concern, not only on account of his paft fuccefles, which had
. enriched his country with the fpoib of England, but beca"ufe a civil war broke
out in England at the very time of the treaty •, by which it was probable his
antagonift Edward might be fodiftreffed as to come to Robert's terms, efpecially
as Lancafter, the chief of the rebellious faction, was his friend and ally.

In the new commotions of this year in England, the object of which was c - 349. 35 e «
to revenge againft the D'Efpenfers, efpecially the younger, certain injuries
and opprefiions, but (till more to pull them down from the unlimited afcen-
dant they pofiefied over the king, the barons were at firft fticcefsful, and by
fuperior open force obliged the king and parliament to pafs a fentence of
forfeiture and banifhment againft both the father and the fon. But, in the
latter part of the year, Edward having gained fome advantages, and exerted
fome feverities that intimidated many of hisoppofers, ftrengthened his party fo
much, that the rebels were driven from the weft of England into the north,
where Lancafter's chief ftrength lay, and where he was nigheft Scotland, either
to receive aid from his allies there, or to take refuge amongft them, if the
fortune of war mould be adverfe to him. Lancafter had the audacity to fum-
mon a meeting ot the Englifh barons at Doncafter, to coniult about remedy-

• Hoi a prima.

•f David earl of Athol and Robert de Umfranville earl of Angus were the two firlt in (he
commiffion given for this purpofe. William Ridel, John de Penreth, and Roger de Horfely, we.e
joined with them.

J Called in the commiflion, fuos complices et fautores.

§ R'gand bifhop of Winchefter was both one of Edvvard"s ommiflioners and a nuncio from
the Pope at this ncgociation ; the other nuncij was, William cie Legdunce eledl of Vienne. Rym.
ib. 884, 868.

M m 2 ing

268 THE BORDER-HISTORY OF

E.iw*rti it. ; n g t he dangers and loffes brought on the nation by the king's evil counfellors^
.'_° _"!■""_'. on whom he retorted the charge of favouring the invafions of the Scots.

n*i- All profpedt of concluding a peace with Scotland having cealed, Edward

Rym. fb*. 89 ''. 8 ave or ders, ' n tne end ot Auguft, to John de Penreth conftableof the caftle

Auguft 25. of Harbottle, to demolifh it; and the fheriffof the county was commanded to

affift him in this work with all his pofse. About the fame time Edward

renewed his entreaties to the Pope to aggravate his cenfures againit the

obdurate Scots ; and as the treaty that was in dependence laft March, afforded

the king of England an excufe for not fending his envoys to manage his caufe

againft the Scots on the firft day of the preceding April, which was the day

Rym.Jb.S91. appointed for its hearing, lb the inteftine difturbances that had arifen in his

kingdom, ferved the fame purpofe with regard to an adjournment of that caufe

lb. o»o. which the Pope had made to the firft of September. Edward alfo, in profpect

a. b. i 3 «. of the renewal of war with the Scots, folicired the aid of his fubjeets of

Ftb ' ' 9 ' Aquitaine ; and, when informed of their having fome bodies of horfe and

foot ready for his fervice, he afked of Charles the Fair, king of France, a free

paflage for them through his dominions.

The Scots loft no time, after the expiration of the truce, in renewing

Ford. 1.13. hoftilities, which they carried on with great ferocity, not fparing either age,,

Rym.'ib. 9*7. or fex, or places, however facred. The earl of Murray appears to have been,

Rym. ib. 9 n. on the Friday after St. Hilary, at Corbridge on the Tyne •, this being the

date of a fafe-conduct granted by him to Richard the chaplain of Topcliff, to

lb. 907,917. come to confer with him in whatever place he fhould be. Several other evidences

are ftill preferved of a correfpondence of Lancafter and his a complices with

the Scottifn king, and his two chief captains Randolph and Douglas, both

before and after the expiration of the truce. Thefe evidences are contained in

intercepted letters, which the king by a fpecial meffenger fent to the archbilhop

of Canterbury, in order to their publication *. It appears from them, that

Rym.936,— Lancafter, Hereford, and their affociates, had fent John de Denum into

9< c ' Scotland, with powers to treat with Robert Brus, Randolph, Douglas, and

the Steward of Scotland, or the firft of them he fhould meet with; the

terms of the treaty were to be, that they were mutually to have the fame

friends and foes-, that the Scots were to invade either England, . Wales,

or Ireland ; that if the king of Scotland was prevented, by licknefs or any

other great occafion, from commanding in this expedition, Randolph and

Douglas fhould undertake it with all their powers ; and that the Englifh.

lords were to engage, on their part, to ufe their endeavours, when the piefent

quarrel was happily fettled, to procure a good peace between England and

Scotland, by which Robert and his lords fhould hold their lands in Scotland

Rym. ib. 905, w j t | 1 t ^ e f ame freedom as they enjoyed theirs in England.

Andrew de Hartcla, Governor of Carlifle, was inverted with the military
command over the three northern counties of Northumberland, Cumberland,
and Weftmoreland, for the purpofe of affifting to quafh the prefent formidable
infurreiflion. Edward alfo gave him powers, in the beginning of February,
to treat with the Scots of a peace or truce. Probably the diligence of Harccla

• This publication was made at St. Paul's, March 7.

obftrucled

ENGLAND AND SCOTLAND. 269

obftructed the correfpondence between the Englifh rebels and the Scots, and Robe,t Bfus -
perhaps intercepted lbme of the letters by which this correfpondence was car- ^^J^^j
ried on-, thereby delaying the full conclufion of a treaty between them. He ij*».
feems alfo to have amufed them with lbme treaty of a fhort truce. For it !?""' "" 3;6,
doth not appear, that they either made any great effort to penetrate farther R>m. m, 943.
into England to join Lancafter, or that Hartcla met with any hindrance from
them in carrying his northern forces to oppofe Lancafter, when retreating,
together with Hereford, before the king; and purpofing, as it feemed, to join
the Scots. His progrefs in that direction* was Hopped by the forces of the
northern counties, under Andrew de Hartcla and Simon Ward governor of
York ; and after Hereford his chief confederate had fallen, Lancafter himfelf,
with a great number of his friends and retainers, was taken prifoner at Bur-
rough-bridge by Hartcla -, who, for this important fervice, was created earl March ' 7 *
of Carlifle.

Lancafter was foon after beheaded at Pontefract -J-, for his accumulated
trealons •, and his chief adherents fuffered death, as traitors, in feveral different
places of England. The faction was wholly broken ; and had the king and his
favourite ufed their victory with moderation, they would probably have been
long fecure againft any formidable oppolition. But the punifhments were too
numerous and fevere; and a far too great ih are of the fpoils of the vanquished
was feized by the younger D'Efpenfer. The father alio was created earl of Win-
chefter; and the great depredations committed on his eftates, in the begin-
ning of theie laft broils were amply compensated to him out of the lands and
eftates of the proicribed rebels.

Edward refolved to lole no time in improving his prefent profperous fitua-
tion, to prepare for an expedition againft the Scots ; in order to which, he at
firft propofed, that the rendezvous of his forces ftiould beat Newoaftle, on the
feaft of Trinity. He acquainted the Pope with his project of this expedition, R ;m . ;b. 944*
and entreated his aid, by aggravating his ceniures againft the Scots, and not 945. s4&--ys5»
by the meafure he had formerly ufed of ordaining a truce ; Edward beincr
now refolved to obtain a perpetual peace by waging a more effectual war than
he had hitherto done. Eor this purpofe he again alked the afllftance of his

• In Leland's Collectanea, torn. ii. p. 464. iti is related from Packington's Chronicle, That
Lancafter co.ifbhing wiih the barons of his party at Pontefrjft, the barons were of opinion that
they would reii-e to Dunitanburgh ; but Lamatter refufed this counfel, left it might give caufe to
fufpeit him of holding intelligence with the Scots, and fo he refolved to remain at Pontsfrait ; upon
which Sir Roger Clifford, fon and heir of the lord Clifford who was flain at Bannockbum, drew-
his dagger, and threatened to kill him en the (pet, unlefs he would go with the reit of the barons ;
by which threatening, Lancafter was determined to march northwards.

+ The king, while at Pontefrcct, appointed keepers of the cafks, lands, and tertemeritsj of
Lancafter and the other condemned rebels. Richard de Eineldon was made keeper of tiio:e that
lav in the county of N rthumberland End biQwprick of Durham, and Ro^er de Horfelv was com~
manded to deliver up to E.meldon the cattle of Dunftanburgh (a). Rym. ib. 941. Henry de
Matton had the cuftody given him. of all. caftles and tenements that had belongej to Lancjfter in
the counties of Weftmoreland and Cumberland, and the cattle and manes of Skipton in Craven
and Burton in Lonefaale.

{a) Which having been a manrir-houfe of the earl of Lancafter, the king had allowed him to make it a caftle, i.-».
the 9th year of his reign. Dugd, Bar, 7S0.

fubjects

27 o THE BORDER-HISTORY OF

E^ard it. fubj^ds of Aquitaine •, part of which was to confift of two hundred crofs-bo r JJ-

t .' V 3*"-i incn*, and as many fpearmea, of the ableft of the dukedom, to be lent to

i 3 ii. Ntwcaftle, together with two thoufand quarters of wheat, and a thoufand

p> m . ib. 049. cafks of wine, ta be fait to the fame place. The Flemings, at that time, fhew-

95'- ing their hofiile fpint, by committing many violences at fea, near the Englifh

coafls, and bftructmg the importation of victuals requifite for the Scottifh war,

Edward ordered a fleet to be fitted out from the Cinque-ports, and the ports

of Norfolk and Suffolk, to defend the kingdom againft thefe troublefome

neighbours.

rarif, ii. 359, j^ parliament held at York in the beginning of May, granted to the king,

for ferving in the Scottifh war, a foot foidier out of every village in England ;

and a greater number out of the larger towns, to be maintained forty days at

the expence of the inhabitants. The landed men gave a tenth ; cities, burghs,

and towns, a fix th of moveables-, the clergy, two years tenths formerly allowed

b'. the Pope, to be advanced in one year, and five pence befides out of the

Rym. iii. 952, merk: but this pailiament having esrneflly requefted a delay ot the term tor

953 " g"ing againft the Scots till the eve of St. James (24 July), the king contented,

and ifiued a new fummons to all his military tenants to attend him on that day,

with rheir lervice, at Newcaflle.

The delay of the expedition intended by the Englifh, gave encouragement
and opportunity to the Scots to rmke an inroad into England in June-, but
Hoiingdisd Sc. trbcy made a much more formidable one in the beginning of July. In this
incurfion Robert having, with a choice band of his men, entered England,
nigh Carlifle, Ipoiled the monaftery of Hoim, and advanced thence along the
coaft to Lancafter ; where being joined by a body of his forces that had made
their way through the interior parts, under the earl of Murray and the lord
Dougl:.?, he marched on to Prefton, eighty miles within England, and fome
of his marauders even fpread tnemlelves leveral miles to the louth of Prefton.
A few religious houles were the only places that efcaped the ravages made in
this long progrefs; and the Scottifh army returning with much booty, en-
camped five days nigh Carlifle, while their detachments deftroyed the crop and
every thing elfe in that neighbourhood £.

Andrew de Hartcla, warden of the march in the counties of Cumberland
Rym. >b. 959, and Weftmoreland, and John de Penreth, who bore the fame office in Nor-
thumberland, were ordered by the king, who was then at York, to arm all the
horfe and foot of their diftrich to oppofe the invaders ; and as the chief force
of thefe was exerted in the weflern parts, where Hartcla refided and had the im-
mediate command, the king gave him a farther charge to detain and to employ,
in the defence of his diftrict, all the footmen that had been granted by the parlia-
ment at York to the king, out of the towns in the counties of Northumberland,
"Weftmoreland, and Lancafter •, and who were to have been conducted to the
rendezvous at Newcaftle. Hartcla was alfo commanded to give warning to
the inhabitants of the weflern march, to drive as faft as they could all their
beafls towards Richmond, Cleveland, and other parts of Yorkfhire ; where

• Balijiarii.

X Du mg this inroad the Scots were in England three weeks and three days, from July 1, to
24. Hoi. ib.

the

ENGLAND AND SCOTLAND. 27!

he king had ordered a friendly reception to be given them ; and had alfo for- Robert Bru8 '

bidden Ins officers to employ violent e in leizing for his ule any or the cattle, < •

or other goods of the refugees. The lord Henry de Beaumont received alfo 13"-
a commilfion to affemble and command all the king's forces, for proteiflincr
his people and repelling his enemies *. But this commirTion was declared not
to be meant, in any refpect, to, hinder the intendance before ordered to be given
to the earl of Carlifle.

It is probable that Robert's incurfion into England embarrafled and retarded
the military operations of Edward •, who did not enter Scotland till nigh three
weeks after the time of the appointed rendezvous of his army at Newcaftle. Ford. ]. i 3 .
Robert, inflead of hazarding a battle againft the invading army, which was f.\ 4 , „ .

r 11 11 ii- -i -!••■ Wa '• Barb.

very numerous, followed the example his enemies had "let him in his l.te 38s.
incurfion, by canfingall cattle and provifions to be carried out of the country
through which the Fnglifh marched-, while he with his army lay at Culrofs,
on the other fide of Forth. The Fnglifh advanced as far as Edinburgh, and
remained there three days ; but finding no fupply of provifions from a country
v. holly deferted and defolate, and ftorms at fca hindering the arrival of their
(hip?, they were obliged, after fifteen days, to return to Fngland, having
undergone great diftrels from want of neceffaries. In their return they wreak-
ed their refentment on fome of the religious houfes; fpoiling thofe of Ho'y-
rood-houle and Melrofe, and burning Dryburgh. At Melrofe they killed the Ford,
pri jt William de Peebles, and fome of his monks; and carried off the filver
Fix, profanely carting forth the Floft on the great altar.

Edward, foon after his return to England, appointed Andrew de Hartcla Sept. 15.
to be head-warden of Cumberland, Weftmoreland, and the adjacent marches, R y m - il « 973*
and luperior arrayer and captain of both men at arms and foot of that diftriif.
David earl of Athol had the fame power given him over Northumberland and
the marches on that fide. In virtue of this commifiion, the conftabks of all
caftles in thofe parts were ordered to allow free entrance of the laid earls into
their caftles, and to accompany them with their men, in going auainft the
king's enemies-, leaving only fufficient garrifons for defending their callles -f\
John de Bermyngham judiciary of Ireland, and who had been created earl of
Lowth, for the great krvice of vanquifhing Fdward Brus, was commanded,
with his men of Ireland and others, to exert biS'Utmoft vigour and diligence in amofi a win.
giving aid to the earl of Athol in his charge. '""■

Thei'e precautions availed not to hinder the Scots from making a new irrup- Rym.ib.oae,
tion into England, very foon after Edward had left their country. Befides
tbeir ufual ravages, they had, before the 20th of September, laid fiege to Nor-

• Under Beaumont's ftandard would naturally range tbrmillves, the people of 1 is brother the
bifliop of Durham; to whom the king made a grant, dated 2zd Jul , that his feuding Garth ill : ,
men between fixteen and fixty to.fcrve againft the Scot:, in obedience to trr; king's command, which
he had often done, (liould not turn to his prejudice, nor be dnnvn iaWiOmfajiiencc. Rym. ib. 964.

f Henry de Percy is inquired to be intending and obedient to the carl of Athol, leaving a fitfii-
cient garrifon in hit caftle of Alnwkk. Like orders were given to R. de N'evill, conlUblc of the
caftlc of Warkworth, Roger de Horfcly, confbble of the caftle of Barnburgh, John de Lilbuin and
Roger Mauduyt, cor.ftables of Dur.ftanburgh canle, the conftable of the tail e of Budhow, Richard
deiimeldon, chief keeper of the king's town of Newcaftle upon Tine. Rym.ib. 973.

7 ham-

272 THE BORDER- HISTORYO-F

Edw = rd ,r - ham-caftle; in which (lege they erriployedleveral engines and machines*. Edward
c-1— "J-^LJ was then at Newcaftle, and fummoned thither all his military tenants, with all
'3«- the forces they could muiter, to march with him on the eve of St. Luke
(Oct. 1 8.) againft his enemies. This was but a fhort term for collecting again
the forces of England, after their late difperfion, on their return from Scot-
land ; but it was much too long for the Scots to .await their arrival on the bor-
Hoi. e. c. 332. j erSi Inftead of this, after making great havock in many parts of the border-
country, a chofen band, pu'feairlg a forced march from the neighbourhood of
CarliQe to the abbey of Byland-f, in the fore 11 of Blackamoor, in the north
riding of Yorkfhire, where Edward at that time fecurely refided, furpriled
oa. 1*. him; and preffed him fo hard, that, with difficulty, he could make his efcape
to Bridlington, leaving behind him his plate, furniture, and money, for a prey
to his enemies J. Two very eminent perfons in the king's retinue, the earl of
Rym. ib. 996. Richmond, and the lord of Sully, butler of France, while bravely oppofing
the Scots, were made prilbners •, Edward retiring to York, for his own iafety,
and to give what aid he could to the adjacent country, was notable to hinder
the Scots from continuing th:ir ravages a confiderable time in Yorkfhire ;
where they plundered Rippon, and railed a contribution of four hundred
pounds from the canons and burgrffes of Beverley §.
A. d. 1313. The extreme diftrefs of the Northumbrians, from the Soottifh inroads, had

•impelled them, notwithstanding former prohibitions of the king, to enter into
treaties with the Scots, for obtaining fome relpite from their miferies by truces.
Rym. ib. 983, But the king was now grievoufly alarmed on this head, by difcovering that
» s 4- 993. 904- Andrew dc Hartcla, in whofe prowefs and fidelity he had long fo much con-
fided, was privy to fuch tranfaftions, and even a principal party in them.
Jan. s. The king, on receiving this information, commanded Hartcla to come to him
immediately at Cowyck, to give an account of his conducb. This order
Hartcla, from a conicioufnefs of guilt, refilling to obey, Edward notified by
proclamation, to all the inhabitants of the northern counties, the treachery of
Hartcla, in holding treaties, and making confederacies with the Scots, by a
falfely alleged commifTion and authority from the king •, for which realbn
Edward declared, that he now revoked all the power and trull he had for-
merly given him, and forbade his fubjects, of the aforelaid counties, to obey
Feb. 9. him any longer. The chief command on the marches, he now delegated to

* Diver/is ingeniis et machinis.

■f- According to Barbour, king Robert Brus in perfon, with his two great captains, Randolph
and Douglas, were prefent in this expedition. The fame author defcribes a fierce conflict nigh
Byland, wheiein the Englifh defended a narrow and fteep pafs with great courage; but the Scots at
laft prevailed, by fighting bravely, and by the Highlanders climbing a iraggy precipice, and falling
on the Englilh, who were at the head of the pafs. Barb. 388—392,

The epitaph of king Robert, in Fordun, 1. 13. c. 15. fays,

Pcji Biland potitur, •viilorla l<eta paratur,
Turba mens rapitur, decijio multiplicatur.

J The privy- feal was miffing after this furprife ; and a proclamation, with regard to it, was
emitted, like that after the battle of Bannockburn. Rym. ib. 977.

§ In this incurfion the Scots remained in England a month and three days. Fab.

his

ENGLAND AND SCOTLAND.

his own brother Edmund, earl of Kent, whom he appointed his lieutenant in
thofe parts, enjoining all the inhabitants to obey him, inftead of Hartcla or
his deputies.

The king had given orders to Henry Fitzhugh, tofeize Hartcla, and bring
him a prifoner to his prefence. But this fervice, as the hiftorians relate, was
performed by Sir Anthony Lucy, high fherifF of Cumberland •, who, affifted
only by his own retinue, bravely feized Hartcla in the caftle of Carlifle, the
chief feat of his command. The king being informed of this, while at Knaref-
borough, appointed fivecommiffioners, having the earl of Kent at their head,
to repair to Carlifle, and there to degrade, and give fentence againft Hartcla
for his crimes. The king lent them a fchedule, which directed the judgment
they were to give; and in which it is affirmed, Tim Hartcla had gone to
Robert Brus f, and bound himfelf by oath and writing, to maintain to him
and his heirs, the kingdom of Scotland againft all men. It had been agreed
between them, That Brus ihould name fix men, and Hartcla the like number,
who were to fettle all the great affairs of Scotland and England •, and to main-
tain this alliance, Hartcla had traitoroufly caufed Edward's fubjects to fwear.
After degradation from his earldom and knighthood, by being ungirt of his
fword, and having his golden fpurs cut off from his heels, he was to be
drawn and hanged ; his heart and entrails to be torn out, burnt, the afhes
caft to the wind, and the body beheaded and quartered. The head to be fee
upon London bridge, and the quarters in the moft confpicuous places of Car-
liile, Newcallle, York, and Salop. It is related, that Hartcla hated the
younger Deipenfer, and afpired to marry a fifter of Robert Brus. He fuf-
fered in the ordinary place of execution at Carlifle with great fortitude ; affirm-
ing to the end, that in his tranfactions with the king of Scotland, he had meant
no hurt to his own king or country.

The deftruction of Hartcla was foon followed by a fhort truce between the
kingdoms ; which was an introduction to one of a much longer duration.
The fate of Lancafter, followed by that of Hartcla, fruftrated the fucceffive
attempts of Brus to diftrefs Edward, by raifing up adverfaries to him from
among his own fubjects. A change of adminiftration having happened in
Flanders, Edward made, about this time, a truce with the Flemings ; by
which the Scots were deprived of the fupplies they ufed to receive from that
country. The execrations of the church itill lying on Robert himfelf, his
clergy, and people, gave uneafinefs to them all. Henry de Sully, who was
detained a confiderable time prifoner in Scotland, joined his arguments and
perfuafions to the influence of the circutnftances jutt recounted, and was en-
gaged or allowed by Robert to propole a truce to Edward, as a mean of pav-
ing the way to. a negociation for- peace. Edward having confented to this
truce, notified to his fubjects the period of its duration-, which was until the
feaft. of Trinity. He engaged, on due requilkion, toredrefs any offences that
fhould be committed againft it by his fubjects ; whom he prohibited to have
any correspondence with Robert and his adherents, or to go over to them,

273

f At Lochmaben. Ho!.

Robert Brut,
K, of Scotland.

1323.

Rymer, ib.98?.
Hot. E. Chr.
33*. C. 3«o.

Rym. ib, 939.

March 3.
Chr. Lan, in
Tjr.

Rym. ibi o'f,

1006, 1007,

Rym.ib. *o;jj
1002.
M.rch 14.

without

... THE BORDER-HISTORY OF

EJwarjn. without his fpecial command. The fheriffs of Northumberland and Cumber-
K.otEngUnd. j^ were en j omcd t0 p roc laim this truce in proper plac-s of their counties,
ilij. and to caufe" it to be obferved •, on condition, however, of their being cer-

tainly informed, that this had been done on the fide of Scotland. Conjervators
of it were alfo appointed in Cumberland and Northumberland*, and Wil-
liam de Harle, was appointed to confirm it, by fwearing on the foul of the

king.

By a letter dated from Ro' ert at Berwick to the lord Sully, feven days
- . after the above-mentioned proclamation, it appears, that he had refuied to

jm. .1004. con( - ent tQ [he £rucc pubhihcd by Edward; becaufe Edward, in his letters
notifying it, dcfcribes it as ' granted to the people of Scotland, who were at
war againlt him,' without making mention of himfelf (Brus) as principal on
the fide of Scotland, as Edward was on that of England, which had been
done in former truces. He gently blames Sully for fuflermg luch a neglecTr;
but taking for granted, that it would be amended, he defires a fafe-condutt
for two knights and a clerk, who were ordained to pais into England, to re-
A ri , ,, ceive an oath, on king Edward's foul, for keeping the truce. Eight days after,
the defired lafe-conducl: was granted to thofe who were to receive the oath ;
and at the fame time a fafe conduct was given to Thomas Randolph, earl of
Murray, and his retinue, of fifty horiemen, coming to Newcaftle to treat of
a final peace. Henry, lord of Sully, alfo received power from Edward ro
prorogue the truce for fo long a time as he fhould judge convenient, on the
conditions that were exprelled in the king's letters patent f.

Edward uncertain of the fuccefs of this negociation, and judging that the-
Sjm.ib;iou» beft way to render it effedual was to be well prepared for continuing the
war, appointed the octaves of St. John Baptift (July 1.) for the day of rendez-
A ,y, vous of all his military fervice at NewcalUe •, and required the magiftrates of

the Cinque-ports to fit out a fleet for traniporting forces from Ireland to
Skymburnel's, to be employed in the intended expedition. For aiding him in
the fame work, he had fome time before afked a fubfidy from the prelates of
Aquitaine ; giving them the ufual fecurity againit their compliance preju-
dicing them in future.

It is probable fome fcruple and delay in carrying on the propofed negocia-
Rvm.ib.w17. tion had arifen from Robert's refufal to fend his nephew Randolph into Eng-
land, without receiving hoftages for his fecurity. This demand of hoftages
feems to have arifen from the high dignity of Randolph, and the importance
of his life to the king and kingdom of Scotland. For by the fettlement that
was made of the fucceffion of the Scottilh crown, after Edward Brus was cut
i8 it off in Ireland, and Robert Stewart, the king's grandfon by his daughter Mar-
s'conV gery, at that time an infant, became the heir apparent; Randolph was

tarJ.i. 13.C.13. a pp i n tcd by the king and ttates to be the tutor of the king, and regent of
the kingdom, upon the event of king Robert's death, while his grandfon,

• Anthony de Lucy in Cumberland, and Ralph de Neville and Roger de Horfley in Northum-
berland.

f This power is dated at the Tower of London. Probably the king, on returning to his capital,
had left Sully in the North, with a commMon for managing his affairs with the Scots,

ENGLAND AND SCOTLAND, 275

or whoever elfe had a title to fucceed to the crown, was a minor. To Robert, K R ^ '" Jj™»
juft about this time, was born of his wife his only fon and fuccefibr David * ; .J - Jf
by which means the probability was increafed of a minor fucceeding to the «3*s-
crown, and of the charge of the king and kingdom devolving on Randolph, P6rd.l.M.«. s-
And Randolph being a perfon who, by his great talents and atchievements,
had acquired the higheft confidence of his countrymen, and had received the
greateft proof of it they could give, in their conferring upon him the guardian-
ship of their prince and themlelves on the king's deceafe, which was mod
likely to happen while his fon was a minor, it appeared to them reafonable
that Randolph Ihould be diftinguifhed from other fubjefts, and his fafety
effectually provided for, by having an extraordinary fecurity given for his fafe
return to his own country. Accordingly I'dward engaged to give Randolph Rym. n>. 1017.
honourable reception and treatment, with liberty to return to Scotland at his
pleafure-, and that hoftages for fecuring this, fhoukl be delivered atTweed-mouth,
upon Randolph's entering Englilh ground, with condition that thefe hoftages
fhould be ready at the fame place to be exchanged for him, on his return:
all which was confirmed by an oath that William de Herle, Edward's envoy
to the Scottifh court, was appointed to fwearon the king's foul.

In the end of April, to give more time to the negociators to finifh their
work, there was a prorogation of the truce until the fifteenth day afttr Tri-
nity ; and before this term expired, a truce was concluded at Bifhop's Thorp,
near York •, firft. to continue till the 12th of June, and then for the fpace of
thirteen years. The commiflioners had their firft; meetings at Newcaftlef •,
where finding difficulties ariie, which hindered at that time the conclufion of
a final peace, they fet about negociatin 4 a truce •, and to carry on this with
more certain and fpeedy effect, the Scotch commiflioners agreed to come to
the prefence of the Englifh king at Thorp; where the whole matter was Mwwfl
folemnly debated in the king's council, and, with their advice, the treaty was
concluded on the following conditions J.

Whatever was occupied or held by either party from the other, was to be R y m - !b - ,0 "J
reftored and evacuated before the 12th of June. Debates that fhould arife,

• Fordun fays, That the Englifh this year fought a truce from the king of Scotland j and that for
the joy of this birth, i: was granted them for a )ear. Ford. i. 280.

f I he Englifh commiffioners weie Aym. de Valence, eail of Pembroke, Hugh re Defpencer
the fon, Mr. Robert de Baldok archdeacon of Midclelex, William de Harle knight, Will, de
Ayremyne canon of York, Geffrev le Scrop ; and thofe for Robert Brus were, William bifhop of
St. Andrew*, I homas R. ndolph earl of Murray, John ile Meneteth, Robert de Louedie, the
father knights, and mailer Walter de Twyr.ham cleik.

% Tiie parties aredelciibed to be, Fdward for himfelf and all his dominions ; and the commif-
fioners of Scotland, for le Sire Robert Brus, his fubjefis, auheren;s and aiders, and for the country of
Scotland with its appurtenances.

The lord Henry Beaumont, though a baron of the realm, and fworn both of the gieatand privy
council (as the record exprefleth), be ng requned to give his advice concerning this truce, irreve-
rently anhvered, 'That be ivould give none therein; wliereat the king in anger commanded nun to
depart the council; on which he went out, (a>ing, He had rather be gone than jl&y; which exprcf-
fion gave fuch dillafle, that, by content of all the lords there, he was committed to prilon. VVheie-
■upon H. de Percy and R. de Neville became his luretie.-, that he fhould appear upon lummons ;
but the king was louu after reconciled to him. Dugd. ii. jo.

j N n 2 with

276 THE BORDER-HISTORY OF

K^nrT'd Wlt ' 1 re S ar< ^ t0 tne obiervation of the truce, were to be decided without delay,
^ "t"' _.' by the confervators on borh fides •, or, when the confervators were not able to
'3*3- determine them, they wete to be laid before the kings, to be fettled by their
councils or commiffioners. No fortreffes were to be erecled or repaired, except
thofe already made, or now making; on the part of England, on the lands
that lay between Scotland, and the mouth of Tine, and along the Tine to
South Tine, in South Tindale, or in the county of Cumberland; and, on
the part of Scotland, in the fheriffdoms of Berwick, Roxburgh, or Dumfries.
The fubjects of the &wo countries were to have no intercourfe without a fpecial
allowance ; except the confervators, who might meet at their own pleafure on
the marches, or where they thought fit, in the execution of their office.
With regard to fhips of Scotland, driven on the Englifh 003ft, the article was
jult the lame as in the laft truce of Dec. 1319; with the addition, that the
fame regulations fhould extend to people and merchants of whatever nation,
having their refidence in Scotland and their goods ; which merchants, or
others, might victual and (lay in fafety, until they could conveniently remove.
Stranger merchants were not to be difturbed in the importation of goods into
the one or the other country, if thefe merchants were not of a country that was
at war with the one or the other. Perfons aggrieved or damaged, in violation of
the truce, might fafely, without leave, pafs to the confervators on the one or
other fide, to profecute their complaints; in which trefpaffes common law was
to be executed, as in the time of peace ; or if they belonged to the march-
law, proceedings were alio to be the fame as formerly in time of peace. Ed-
ward was not to oppofe Robert Brus, or others of Scotland, in ieeking from
the Pope abfolution of fentences, or procefies againft them ; but this abfolu-
tion was not to extend beyond the expiration of the truce, if before that term
a peace were not concluded. Edward engaged to give no aid to any perfon or
party warring againlt Robert, nor to relet them in his dominions ; laving his
alliance with the king of France. Sufficient confervators ot the truce were to
be appointed for maintaining it in all points, and for giving fpeedy redrefs of
all violations. This treaty was confirmed by an oath, which the earl of Pem-
broke took, on the king's foul, and by the oaths ot the earls and barons of
i>me-. England, who were with the king at York. And it was, in like manner, with
content of the bifhops, earls, and barons of Scotland, ratified at Berwick by Robert
Brus * ; who caufed his nephew Randolph fwear to the obfervation of it, on
his (Robert's) foul ; and alio all his earls, with the fteward of Scotland, and
feveral of his chief barons, to give their oaths for confirming it. William
Latimer and William Harle were fent to Berwick, to receive thefe oaths
for their mafter ; and had it alfo in charge to receive the hoftages that had
been given for the fecurity of Thomas Randolph earl of Murray -J-.

* In the inftrument of this ratification, the title of King is not annexed to the name of Robert Brus
in the beginning ; but in the end of it, lie calls himfelf king of Scotland, Nous Robert Roi d'E/coJfe
6V ant dit.

■f Latimer had alfo a particular charge given him of the Scottifh commiflioners, who had con-
cluded this treaty, to conduct them back to Scoiland. Rym. ib. 1025.

ENGLAND AND SCOTLAND. 277

On the part of England, confervators of this truce were appointed on the Rot"' B ™>,
Northumbrian and Cumbrian march, three lor each *. Thefe confervators " _<▼"" '?
had power to chaftife and punim the violators of it, agieeably to the form of 1323-
the truce, and the nature of their office ; with a lalvo of amerciaments R ™"; n bi ',' 2 g.
and other things that belonged to the king ; and the fheriffs were enjoined to
give their aid, as in the appointment of the confervators of the truce of 13 19.

As it was a principal object of the Scottish king in agreeing to a truce with
England, to make his peace with the Pope, he fent to the court at Avignon, foon R V m. tom. iv.
after the truce was concluded, his nephew the earl of Murray; who appears **• 2 9>4&.4r.
to have been the man of his chief confidence in all his affairs -f. Randolph
came into the Pope's prefence, in the character of a pilgrim, who had vowed
a journey to the Holy Land ; lupplicating from the Holy Father leave to per-
form his vow, together with the indulgences that were ufually given to croifes.
He informed him alio of the defire his mafter had to undertake the fame
journey, in company with Charles king of France J. The Pope could not
give his countenance to either of thefe propofals, while the king and nation Dan- ;;;, . ?Qj
of the Scots lay under the malediction of the church, and were at enmity with 3 s *'
England. Randolph expreffed the molt earneft defire that thefe difqualifica-
tions mould be removed ; but at the fame time affured the Pope of Robert's
perfifting in his refolution to receive no letters from him, while he refuted to
addrefs him as king of Scotland. The Pope writing to the king of England an
account of this transaction, at which Henry lord of Sully, who had laboured
lb fuccefsfully for the truce of thirteen years, was prefent, expreffed his incli-
nation to give to Robert the lb much defired title of King, as conducing to
peace, and not effentially hurting Edward's rights. But Edward viewing it
in a different light, entreated the Pope to refufe it. His entreaties and intereft
at the papal court prevailed, and fruftrated all the efforts of the Scottifh
envoys to procure the Pontiff's abfolution and friendfhip §.

Notwith-

* Thofe for Northumberland were, Ralph de Neville, Roger de Horfely, and Richard de
Emeldon, or iwo of them ; and for the county of Cumberland, Ralph de Dacre, John de Havering,
and Adam de Skelton : but on July 3, the king nominated Robert de Umfranville earl of Angus,
Roger Heyroun, Roger de Horfely, or any two of them, to keep iorefaid truce from its beginning
until the twelfth of June enfuing, lb. 1026.

+ Randolph is only mentioned in the Pope's letter, but from the treaty with the king of France,
which teems to have been conchded during this journey of Randolph into that kingdom, it appears,
that Robert Keith marfhal of Scotland, and Adam Murray doctor of la*, were his tellow-
ambaffadors. Aberc. i. 616.

X Philip le Long h <1 le^t it in charge to his brother and fucceflbr Charhs the Fair, to under-
take the expedition to the Holy Land, which Philip himfelf had always intended to make ; and
Charles, in the beginning of his reign, fent ambafladors to the Pope to concert this expedition ; but
other affairs intervened. Dan.

§ The envoys of Robert Brus had better fuccefs at the court of France, where Charles IV. Abercr. i. 616.
confented to the renewal of the ancient league with Scotland. By this each of them were engaged fro !!l Collcftl °«
to wage war wiih England, when required to do fo by the other, and neither of them was to nuke . ft it L
a peace or truce without comprehending the other in it: Robert Brus, however, declaring himfelf
free from the effect of this engagement, during the term of his late truce with England. There
was alfo an article about the fucceffion to either of the crowns, which, if on a vacancy of the
throne it became doubtful, was to be determined by the judgment of the principal lords of the two

kingdoms,

278

Edward H.
K. of Eng'and,

A D. 1314.
Rym. ib. p. 59,
60

June it.

Rym. ib. 86.
103, 10*, 1,5.0,
141.

Mon. Malm,

THE BORDER-HISTORY OF

Notwithftanding the oppofition the Scots met with at the papal court from
Edward, he appears to have taken care to maintain the truce, and to have
given proper orders for remedying trefpaffes againft it *. He alfo appointed
fome of the mod eminent men nigh the marches, to receive to his peace and
fealty fuch as had been driven by their poverty and other neceflities to adhere
to the Scots, and now inclined to return to their allegiance to Edward •, pro-
vided that they had not poffeffed lands or tenements in England, were of good
fame, and that nothing contrary to the truce fhould be done with regard to
them. Their names were alfo to be notified to the king, who was likewife to
be informed concerning the names and conditions of any Scotchmen, who
fhould offer their faith and peace to him, that he might advife with his council
about what ought to be done with them.

Toward the end of this year-j-, on the earned recommendation of the Pope,
a meeting was held at York of commiflloners from both kings for treating of
a final peace. The Englifh lift of commiiTioners confift of twelve ; and the
D'Efpenfers, father and fon, were two of that number J. The envoys from
Scotland were eight, having at their head the bifhop of St. Andrews and the
earl of Murray ; and the charge of conducting them in fafety to York was
intrufted to Robert de Umfranville earl of Angus, and Ralph de Neville, or
either of them. The Scots, probably encouraged by the breach that had
happened about this time between France and England, made fuch demands as
Edward, writing about this treaty to the Pope, declares he could not grant
without the manifeft exheredation of his crown. The Englifh offered to fub-
mit certain doubtful articles to the determination of the Pope ; but the Scots
refuled to make this fubmiffion.

A cotemporary writer gives a more particular account of this tranfaclion.
According to him, the Scots demanded an entire exemption from all homage to
the crown of England, with the property of the north of England as far as
York •, to which city they had frequently extended their incurfions in the
courfe of the late war. They demanded the reltitution of certain manors in
Effex, which had been forfeited to king Edward I. upon Robert Brus's
feizing the crown of Scotland. They required alfo the chair of Scone, in
which was the fatal ftone, to be reftored, and propofed an alliance between
Robert's daughter and prince Edward of England. The anfwer made for the
king of England to thefe demands, was, in general, that they tended to the
revival of ftrife and breach of the truce, inftead of conciliating a Lifting peace;

r. Datirel, torn,
iii. 397, 398.

kingdom?, which decifion the other king was to fupport wiih all his might, even fo far as to go in
perfon with a great force to defend the lawful heir. P. Daniel places this league in 1324, but
Abeicromby m April 132S. (The firft account agrees much better with its being concluded by
Randolph and hio fellow envoys to the Pope.)

* Such were committed by John de Glinton keeper of the Water of Su'ewath ; who, under
pretence of that commiflion, had feized feveral Scotchmen, and delivered ihem to the lheiifF of
Cumberland. The king orders the fheriff to carry thefe men before the waidens on iheir march-
days, (dies/uos marcbite,) to receive jultice. Rym. ib. p. 59.

f Carte is n.ilhken in placing this negociation in the end of the former year. Carte, ii. 361.

J: William de Herle, who was ore of the commiflioners for holding this treaty, had an order for
ttn merks out of the treafury for his expences. March 5. Rym. ib. 139.

ENGL AND AND SCO TL A N D. 279

in particular, that he could not, without injury to his crown, give up the -?* k .g* *. n, *i
rights his anceftors enjoyed in Scotland ; that the inroads of the Scots could >_'_ _" '
be no foundation of right to lands which they never quietly poflerTcd ; if i3 2 *-
incurfions gave fuch a right, the greateft part of Scotland muff, belong to him -,
that he would not refcind his father's act, by which the lands held in England
by Robert Brus had been forfeited. He rejected the propofed match as un-
equal and difhonourable ; but with regard to the chair of Scone, obferved,
that it was too frivolous to be a fubjeel of contention, if other diiputed articles
had been agreed. Robert alleged in the beginning of this negotiation, that
he could not warrant the keeping of the truce by his fubjects, lb long
accuftomed to war and plunder, if it werenot changed into a final peace ; but
although the projected peace failed in the manner above related, the truce
continued to be obferved *.

The time of this negociatbn for a peace between England and Scotland £ ar ' e -
coincided, as was before hinted, with the beginning of a war between England
and France-, which, in its confequence, proved fatal to the unfortunate king
of England. This war took its rife from Edward's delaying to pay homage to
his brother-in-law Charles the Fair, for the provinces of Guienne and
Ponthieu. The D'Efpenfers had greatly offended the queen, and were afraid
to accompany the king to France, where they would be expofed to the
revenge of the queen's powerful relations; and they were equally afraid to
remain at home, during the abfence of their mailer, left the Lancaftrian faction
fhould rife up againft them. After Guienne had been invaded by a French
amy in Auguft 1324, and a body of forces had been fent over to its aid,
which the king propofed greatly to augment, by conducting thither an army
in perfon, he had aflurances fent to him from the French court, that the pre- R r m - ib '♦<>•
lence and mediation of the queen with her brother,, would be the mod effectual
method of bringing about a peace. Edward giving his approbation to this Dan. Hi. 38?*
propolal, the queen pafied over to France in March; and on the laft day of
May a treaty of peace was concluded, by which Edward engaged to pay
homage in perfon to the French king at Beauvais in Auguft. But an illnefs,
real or feigned, being alleged by Edward as an excufe for his not parting over Rym. it>. >£}.
to France at the time prefixed, an offer was made by the French king to accept

* On Aprii 11, Robert Umfranville earl of Angus being dead, William Rydel and Gilbert de
Byrondon, were appointed in his place, an J conjoined with Roger Heyron and Roger Hjrfely, as
confervators of the truce in the parts of Noithumbeiland. Rym. ib. 144. And on May 8,
Ralph de Dacre being gone to Aquitaine, and Adam Skelton being lately dead, to ftipply their
place as confervators of the truce on the Cumbrian march, Peter de Tylliol. and Alan de Gryna-
mefdale wee appointed, in conjunction with John de Harryngton..

On the 20th of July, the king being then refjlved to pals over into France,, added Henry de
Percy, John de Clavering, and Ralph de Neville, to the confervators of the truce appointed on the
14th of Apri', Of the fame date, Percy, Claveryng, and Nevillr r have a commiffion to guard the
coafts of Northumberland, and to repel all invaders. Rym. ib. 158.

On the 25th of March in the following year, the king wrote to Henry Percy and his fe!low-
confervators, blaming them for their granting rafhly and indifcriminately ietters of fafe-conJutt to
the Scots and their adherents for enteiing Engl.ni, which could not but be detrimental and
dangerous to his kingdom. He therefore forbids giving fuch letters for the future, except iai
ftri& conformity to the truce. Ib. 198.

2 8o THE BORDER- HISTORY OF

K Ed fE i » I | T 'd °^ ^ ie rec l uirec ' homage from prince Edward, the king of England's eldeft fon^

. ' ° " g a " ' upon his father's making a ceffion to him of his French dominions. The
'3 2 s- unwary monarch, by the advice of his favourites, agreed to this propofal; and
by doing fo, put both his queen and the heir of his crown out of his power ;
at the fame time furnifhing them, by the csffion juft mentioned, with an ample
revenue for their fupport. The queen, foon after the arrival of her fon in
France, declared her refolution not to return to England-, unlefs the
D'Efpenfers were firft removed from the councils and court of her hufband.
To accomplifh this, which was not to be effected otherwife than by force, (he
began to threaten an hoftile defcent on England. The exiles of the Lan-
castrian faction flocked around her at the French court ; among which Roger
Mortimer, who had made his efcape out of the Tower, and taken refuge in
FVance, was diftinguifhed, by a peculiar degree of her favour. The friends of
thefe exiles and enemies of the favourites, were by far the greateft and moft
numerous part of the king's fubjects at home; and, from thefe circumftances,
the king was kept in a moil diitreffing dread of a defcent and inlurreftion for
many months before they happened.

Rvm. ib, 149. During this interval the Scots were again foliciting the Pope for a relaxation
of his ceniures ; for which purpcfe they lent envoys to him, in the fummer of
1325; but they ftill requefted this relaxation in vain. And it leems not im-
probable, that king Robert's earneft defire of being reconciled with the Pope,
who, in the ftrife between Edward and his queen, declared himfelf ftrongly on
the fide of the former, was a reafon for his not entering into fuch engagements
with the rebellious faction in England as he had formerly done. Perhaps alio
he was difcouraged by the bad fuccefs that had formertly attended the enter-
Aug j ? . prifes of his allies of that fort. Only a little before the cataftrophe that proved

a. d. 1326. fatal to Edward*, this prince had agreed to fend fpecial envoys or commif-

jm.i . *2 4 . f lonerS) to terminate, in conjunction with others of the like character from the

king of Scotland, certain difputes arifing from outrages which Robert alleged

had been committed by the fubjects of Edward, in violation of the truce ;

and which were of fuch a nature as could not be redreffed by the confervators

Ab.p. 5S:. of the truce, but behoved, according to the late treaty, to be referred to the
kings themfelves, or theirfpecial delegates.

Edward's queen, bent on revenge at whatever price, feduced the prince
from his duty and allegiance to his father; and, although he was not yet
fifteen years old, contracted a marriage for him with Philippa, a daughter of
the earl of Hainault. The view of this alliance was to obtain a military and
naval aid, which was ftrengthened by the lecret affiftance of France, and with
which, under the command of J. de Beaumont, the earl of Hainault's bro-
ther, fhe landed on the coaft of Suffolk fr^m Dordt in Holland, about the
end of September. The king, deferred by the citizens of London, and al-

* He had, in June, fent three envoys to Robert de Brus, to explain his mind about certain articles
in the late truce ; and Weelle, one of thefe, was in the end of Auguli impowered, in his mailer's
name, to agree to a day and place for a mceiirig of commifliotiers; Rym.

mod

Hoi.
117.

Soutl

Hift.

from

bwell.

Ric.

Feb. I
Rym. ib.
271.

256.

'ENGLAND AND SCOTLAND, 281

moft all his nobles f , and even by the earls of Norfolk and Kent his own ^°'" , ' t E ™«.
brothers, was foon reduced to the laft extremities. His favourites the , K - ofS ^ cotl: "" i ;
D'Efpenfers were feized, and executed as traitors. He himfelf, after attempt- 1316.
ing in vain to pafs over to Ireland, was found lurking in Wales, made a
priibner in Kennelworth caftle, and foon after compelled to refign his crown ;
to which a parliament, confifting almoft wholly of the queen's faction, and
feconded by the people of London, raifed his fon, by a refolution made on A - n - ? 5 *7*

t n t r i-i-i ri Fdw.iid III.

January 13. By the iame authority this hopeful young prince was crowned k. of England.
on the firft. of the enfuing February •, and a council of regency, confiding of
five bifhops and feven lay-lords, appointed for managing die affairs of the
nation during his minority.

It is related by the Englifh hiftorians, that, on the night of Edward IIl.'s
coronation, the Scots made' an unfuccefsful attempt to take the caftle of Nor-
ham by furprife £. This might have been the enterprife of fome unruly
borderers, without the knowledge of their king : and that it was not the
immediate caufe of a rupture between the kingdoms appears from the com-
miffion given by the new king of England to five perfons, the firft in the lift
of them being Henry de Percy*, to be keepers of the truce with Scotland;
in -the introduction to which, it is declared to be the king's pleafure to have
this truce inviolably obferved. And, conformably to this declaration, the
abbot of Rievalle and Jwo de Aldburgh had, foon after, powers given them March 4
to fwear on the king's foul to the observation of this truce; which the kino-
had by his letters patent accepted and approved. They were empowered
likewife to agree to a certain place and time for a meeting of commiffioners
from Edward and Robert, for negociating a final peace. Henry de Peicy
had recommended himfelf to the queen's favour, by coming, with other
northern lords, to join her at Gloucefter about a month after her landing in
England. He was appointed one of the council of regency ; and havin°-
undertaken, on the 14th of February, the keeping of the march towards the
northern parts §, until the enfuing Whit-Sunday, with one hundred men at
arms and the lame number of hobelars (], and as many of his own men a? he
chofe to employ, he received out of the ro)al ' treafury 1000 merks as full
wages ** tor that iervice.

But it foon appeared that a far greater ftrength than that which was to
ferve under the lord Percy, would be requifue for the defence of the Englifh

\ The only two of the old nobility that continued faithful to the king were, the eails of Surrey
and Aruncel, the former of which earls was in the north, guarding the marches againft the Scots.
Carte, iii. 374.

% The governor, Robert Manners, apprifed of the defign by one of the garrifon, a native of
Scotland, and intruded with the lecret, after he had allowed fixteen of the Scots to fcale the walls
fell upon them, killed the greater! part, and made the reft prifoners.

* The reft were, Ralph de Neville, Soger Heyron, William Rydell, and Gilbert Boroughdon.
The terms of the commffion are the fame with that ot June 1, 1 323.

§ The diftiiftion is here mariifcft between the office or* warden of ths march, cuflos marchi<e, and
keeper of the truce, confer-vator treugarum.

|| Hcbclars, light-armed cavalry, mounted on fmsll ambling or hobbling' horfes.

** For wages, replacing of horfes (refianro equarum), and all other things.

O o march.

2 8 2 THE B.QRDER- HISTORY OF

Edward in. march. For, although Robert Brus .had confenjed to a meeting on the
*' "'^ "j 3 "^' marches, to be held on the Sunday before the feaft of Afcenfion, for treating
M17. of a final peace, the Englifh regency were informed, that he had given order?
Msy l7 ' to all his power of Scotland to be affembled on the march, on the very day
that was prefixed for commencement of the treaty ; and that, if he could not
have a peace on his Own terms, he purpofed to invade England, notwkhltandf
ing the truce. And this was lb firmly believed, that a fummons was iffued to
Hym. 1 ;". 282, all the military vaffals of the king of England, to attend him on the Monday
8.84,287. before Afcenfion-day (May 18), with their whole fervice, at Newcaftle on

Tine, in order to repel the invaders ; and, if his council fhould judge it
expedient, to march further againft them, for the recovery of the rights of
his crown +. On the fame day the naval force of the fouthern pqns was
April 29. ordered to be at Skimburnefs, near the mouth of the Tees. And in the end
of the month, the king applied to the cities and great towns of his kingdom,
to lend to him, for defence of themielves and the whole nation, fome of their
beft men, mounted on horfes of thirty or forty fhillings value, to accompany
him, on his pay, in the intended expedition •, giving his promife, that the com-
pliance of the towns with this requelt fhould not in future turn to the prejudice
of their liberties ; and that in due time he would fatisfy them for their expences
in furnifhing the aid now defired.
3ym. ib. 292.. Mean time, according to the agreement lately made, commiffioners were
appointed by the king of England, to 'treat of a peace, at a meeting on the
march $. But the Scots, notwithstanding the depending negociation, evi-
dently difcovering hoftile intentions, Thomas of Brotherton, duke of Norfolk
and marlhal of England, and uncle to the king, was fent to Newcaftle to.
command a confiderable body of good forces affembled there, about the
middle of May, which had been prefixed for the general rendezvous •, and
to Carlifle, the key of the kingdom, on the other fide, were fent the lords
Df.gd. Robert Ufford and John Moubray, with a reinforcement to the lord An-
thony Lucy of Cockermouth, who was then governor of the town and caftle
of Carlifle.

Towards the end of May, the king and royal family came to York, as a
fit place for awaiting the motions of the Scots, and collecting the national
forces to oppofe them. Thither came alfo the lord John, of Hainauk, whofe
former fuccefs in avenging the queen againft the Spencers, and in railing the
young king to the throne, encouraged to the purfuic of new glory, by re-
pelling and fubduing his enemies. A gallant body of Flemilh horfemen.
accompanied him; who having fallen into a bloody ftrife with the Englifh
archers at York, were, in the progrefs of the expedition, with difficulty pro-
tected from their revenge..

•f- Carte, from Rolls, fays> that the chief command of the army was veiled in the earls of Laa-
cafler and Kent, ii. 390.

J The commiffioners appointed were nine ; the archbilhop of York, the lords Henry Percy
and Henry Beaumont being of the number ; and Jwo de Aldeburgh was fent before to fettle the
time and place of the meeting, and what was neceflary for the fecurity of the coramiflioners on both
ides. Ryui. ib.

a The

ENGLAND AND SCOTLAND. ««j

The Scots not being contented in their demands, and rejecting with difdain R^ca iw,
the propofals of the Englifh commifTioners, as lending only to annife and de- ,p -, ^"^
Iude them, made an inroad into England about the middle of June, laying 1327
wafte all before them with fire and fword. This gave fuch an alarm at York, pJU'^'A,
that the arrayers and fub-arrayers of the adjacent parts, whom the late king c 12.
had appointed for raifing the whole pofses of horfe and foot to repel fuch
inroads, were empowered and ftrictly enjoined to aflemble thefe, and to con-
duct them, properly armed and arrayed, to the king at York ; in which
fervice the fheriffs were alfo required to give their aid. But the progrefs of
this incurfion of the Scots doth not feem to have been anfwerable to the
alarm it gave •, and it is likely, that the Englifh forces on the marches, with
thofe that had been fent to their aid, were fufficient to oblige the invaders foon
to return to their own country *.

But before the middle of next month, a much more formidable bind
entered England, nigh Carlifle, under the command of the earl of Murray
and lord Douglas. This army confifted of twenty-four thoufand horfe, the Froif - tom - *•
knights and efquires being mounted on handfome able fteeds, and the reft on B^b.' Brace,
hardy nags of a fmall fize. They marked their way with the ufual devaftations, 4°3— ■*»■
and penetrated through Cumberland into the fouth-weftern parts of Northum-
berland ; and thence into the weftern parts of the bifhoprick of Durham,
which are very wild and mountainous.

The king of England was at Durham on the fifteenth of July, in his way
to meet the invaders •, but his army, which, according to fome accounts, con-
fifted of one hundred thoufand men f, was far too numerous and too much
encumbered, to follow the Scots through the defert and rugged paths through
which their fkilful and experienced leaders induftrioufly led them •, in the view
of exhaufting their enemies with toil, hunger, and watching, and of finding
fome favourable fituation for attacking them. The Englifti army, after a vain,
fatiguing purfuit of three days, refolved to crofs the Tine, and wait on the
fide of that river the return of the Scots homewards ; but they waited a week in
vain, to their own great diftrefs, from heavy rains falling on them unfheltered,
great fcarcity of food for men and horfes, and the difficulty and danger of
palling and repairing the river. Wearied with thefe hardfhips, after they had
repaffed the river, they engaged in a new purfuit; but having loft all certain
intelligence of the motions or place of their enemies, a reward of land, of the
value of 100 1. a year, during life, together with the honour of knighthood,
was offered, by a proclamation made throughout the army, to any perfon who R ym , it,, 31*.
flhould conduct the king to the fight of his enemies, in a place where he might
approach them on dry ground.

The offered reward was gained by Thomas de Rokeby, who riding forth with
feveral other adventurers, to make the defired difcovery, was taken priloner by

* Yet it is faid, in Lei. Coll. from Sc. Chr. (ii. 551) that the unfkilfulnefs of the Englifti leaders
in war, hindered them from going forth againft lord Douglas, although he burnt the country
within three miles of Newcaftle.

f In Leland's Colleft. i. 475. it is faid, that this was the faireft hoft of Englifhmen that ever was
feen..

O'o? fome

2 84 THE BORDER- HISTORY OF

Edward in. fome of the advanced guards of the Scotch army. Beina; carried before the

K. of Englani. , ■ i j 1 • i i- r ■ L- r l

. , leaders, anu declaring to them his purpole in approaching lo near, he was in>.

13^7. mediately fet free, in order to carry to the king of England the information he

fo much defired. The Scots were then encamped at the diftance of a few,
miles, on a hill whole foot is walked by the river Were ; from which river,,
the adjacent tract, in the weftern part of the bifhoprick, is called Were Dale.
They moved in a few days to another hill of a fimilar lkuation in Stanhope-
Park ; but which was rendered ftronger than the former by a wood. The
Englifli army marching to the fide of the river, in each of thefe filiations,,
endeavoured all they could t® bring their enemies to a battle; but could not
pafs a rapid dream with a ftoney bottom, and mount the hill on the other fide,,
without being expofed to the greateft hazard. They made an offer to leave
room to the Scots for drawing up their army, if they would defcend from their
height, crofs the river, and fight on equal ground •, but the Scottifh cojh-
manders were too fagacious and Heady to be moved by this bravado.

Mean time there were rencounters between adventurous knights with.
various fuccefs. But thefe were frivolous, when compared with an exploit of
the lord Douglas; who, on the J firft night of the encampment of the Scots
in Stanhope-Park, having eroded the Were, at a confiderable diftance above,
the fituation of the armies, entered the Englifli camp with a party of two.
hundred choice horfe. This refolute band, with their valiant leader,, forced,
their way, through great Daughter of their enemies, to the royal tent* whereof
they cut two or three cords ; and the king narrowly elcaped, at the expence.
of the lives of his chamberlain and chaplain. An alarm was by this time
railed, that compelled Douglas to retreat-, which he did, with his ufual
alcendant of courage, and with the lofs of only a few of his men *.

The Scots having, by the brave enterprife of Douglas, taught their enemies
to keep fo ftrict a watch as deftroyed their hope of fucceeding in any future
hidden aflault, and beginning alfo to be diftrefied by fcarcity of provifions,.
particularly from the failure of their oat-meal, did at laft relblve on a retreat
Ba.b. r.b. to their own country. This is faid to have been conducted by the addrefs of
410, Hard. the lord Douglas ; who, in a dark night-J-, led the Scottifh army over a
morals, two miles broad, formerly deemed impaflable, by the heLp of flakes
made of branches cut from the wood in the neighbourhood of their laft en-
campment ; and which cafiing before them into the broken parts of the bog,
as they advanced through it, they led their horfes over thefe parts. By this
means they had crofted the bog, and were feveral miles on their march toward
Scotland, before the Englifli knew they were gone. What ftrved farther to
prevent this difcovery, was a falfe alarm that had been conveyed to the
Englifli camp,, by a captive from the Scottifh, who had probably on purpofe
expofed himfelf to be taken, and who informed the Englifli leaders, that the
army of his countrymen had received ftrict orders to be ready on the enfuing

t Bsrbour 'pi ices this adventure on the night before the Scots fet out on their return, p. 418.
* Carte!, from Anna], ad Ann. 1377,' fays, that the greaieil part of Douglas's followers were
killed ; not above fony of them efcaping.
i Dark moonlefs night. (Carte, from Annal. ad Ann. 1377).

night

ENGLAND AND SCOTLAND, 285

night to follow the banner of Douglas. It was not doubted that an attack ****? r ' us >

• j r* t«n • 1 • h.. of Scotland.

was intended to be made on the Englifh camp ; and to receive this the army v. „ »

was drawn up in fit array, and kept under arms till the following morning; >3 J 7.
when two Scottifh trumpeters, on purpoie left behind, brought the firft infor-
mation of the fuddcn motion of their countrymen : who arrived on the
Scottifh fide of the march on the third day after, being the eve of St. Lau-
rence J.

The Englifh who paffed over to view the deferted camp, faw in it pro- fs Aus * 9 *
of that fim licity and hardnefs of living, which gave their enemies, when
under proper direction, a fupcriority to forces far more numerous and regular,
but at the fame time more luxurious than themfelves. The lkins of the beafts
they had flain for food, being in the form of a bag, fufpended kofely on
flakes, were hanging over the remainders of the fires ; thefe hides ferving as
kettles for boiling their flefh. A great number of (pits had meat on them ready
for roafting. Many carcafies of black cattle, and of red and fallow deer were alio
found ; with fome thoufand pairs of fhoes made of raw hides. The bealts on
whole half- boiled flefh they chiefly fed, were the ltores of the mountains and
fields they traverfed and ravaged. The reft of their provifion confuted of
oatmeal, which they were wont to carry in bags behind them, and of which
they made a thin pafte that they baked into cakes, by the help of iron plates
truffed in their laddies. Their drink was from the neareft fountain, ft ream, or
lake * ?

Cn the day following the retreat of the Scots, the king being ftill at Stan-
hope, a iummons was iflTued for the meeting of a parliament at Lincoln, on
September 15th, in order to confult about the defence of thekingdom againit
the Scots •, who having ' contemptuoufly refufed to enter into a treaty of

* peace, and entering England with an army, had committed great devafta-

* tions, and when this army was befet by the army of England as clofely as
' pofTible in the park of Stanhope, the former fecretly and in the night made

* their efcape out of the park, like vanquished men, and returned toward
4 their own country •, fome of them being purfued and flain by a part of the
1 Englifh army f : yet as the king was informed, they purpofed again to af-
' femble and perpetrate farther mifchiefs.' Notwithstanding thefe apprehen-
fions, the Englim army, very much diftreffed by their fhorc campaign, were
difmified ; and the Scots foon after laid fiege to the caftles of Norham and

*6 V

% Murimuth, and Waifmgham from him, fays, that the Scots, though only about a third of the
number of the Englifh, efcaped from them, after being belieged fifteen days in Herdale (i. e. Were-
dalej by the treacheiy of feme of the great men of England. In Leland, Coll. i. 47^. this
treachery is afcribed to Mortimer, who by his artful practices, influenced Thomas the earl marfh.il
to oppofe an engagement ; and by this oppofition, and other arts, hindered the earl of Lancatter
and John of Hainault from fighting the Scots, although they inclined to it.

* This famous road of the Scots, Froidart has relaied very circun:ftantially ; from the informa-
tions, no doubt, of his countrymen the Flemings, who had fo confiderable a part in it, and to
whom the face of the country, the manners and arts of the Scottiih warriors, and the ciicumilancts
attending the vain purfuit of them, were probably new and linking.

-f Thefe, according to Carte, from Annal. ad. Ann. 1377, were about two thoufand (hagglers ia
the rear of the Scottiih army, who had thrown away their aims to march the falter, and were cut
cjf by a party of light horfe tent after them. Carte, ii. 394.

y Alnwick,

1 •!

286 THE BORDER-HISTORY OF

Edwanmi. Alnwick, the former whereof they took. But they had not the fame fuccefs

^J^s^ at Alnwick; and in the fiege of that fortrefs, three Scottifh knights, William

rjJ7. de Montalt, John de Clapham, and Malis de Dobery, with fome others, were
Hoi.Sc.ch, flam * <

se ? t. ■„, In the following month, the depofed king of England, after having

Rynuib. 314. furvived much inhuman treatment in different places of confinement, was at
335.' 3lS ' 3 * laft moft cruelly murdered in Berkeley caftle; and nobody doubted of his
having fallen a victim to the fears and jealoufies of the queen and her favourite
Mortimer. This diffipated every fcheme for the reftoration of that prince,
and utterly blafted a project formed for that purpofe, in which the king of
Scotland had perhaps been in concert with fome of the friends of the un-
fortunate monarch. At the fame time, the horrid deed afcribed to the dowager
and her favourite, rendered them more odious than ever ; and their hazard from
domeftic refentments, dictated to them the meaiure of concluding a peace with
that foe who had diftreffed England fo long, and whom it was found fo very
©a q. nai "d t0 fubdue. Powers were given to the lord Henry Percy and William de
Denum, to negociate a final peace between Edward and his fubjects on one
part, and the great men, nobles, and reft of Scotland on the other. By the
agency of thefe delegates, a favourable opening appears to have been made to
tfov.*3. farther proceedings of the fame tendency, to carry on which, a commiilion
was given to thirteen perfons of England, feveral of them of great eminence;
and correfponding letters of fafe-conducl: were given to commiffioners from
Nov. 20. Scotland. Thefe commiffioners from the two nations having met at Newcaftle,
made fuch a progrefs, that a parliament was fummoned to meet at York on the
Sunday after Candlemas, to deliberate on the articles that had been propofed
for effecting a final pacification. Meantime a truce was concluded, to con-
Rym. ib. 335. tinue until Sunday in Mid-Lent f.
a.d. i7ig. The king, while attending thefe tranfaftions at York, was married by the

jai. » 4 . archbifhop of that place, to his amiable queen Philippa, daughter of William,
cont! Weftm ' firnamed the Good, earl of Holland and Hainault; and in defraying the
expence of this marriage, was employed a confiderable part of the grants
Carte ii 4 which a parliament and convocation affembled at Leicefter in the beginning of
Jan. 22. November had made for fupporting the war with Scotland. About the time
Rjm.ib. 334. Q £ tne k^g^ marriage, orders were iffued in his name to the bifhop of Durham,
the fheriffs of Northumberland and Yorkshire, and magiftrates of Newcaftle,
to give honourable reception and every kind of good treatment to certain
Scotchmen, to the number of a hundred, who were coming to York to
treat about matters relating to a final peace between the nations; and the

* Fordun fays, that thefe three knights were /lain at the fiege of Norham, and that this happened
through fome failure of their own (propria inertia). Barbour fays, that, during thefe fieges, king
Robert was employed in fubduing all Northumberland, and diltributing the lands thereof among
his Scottifh fubjecls.

f The nine confervators appointed for this truce on the Englifh march were, Henry Percy,
Ralph Neville, Roger Heron, Gilbert de Bourondon, Th. de Fetheritonhalgh fen. and jun. and
Hugh de Walis, two of them a quorum.

king

Dec. 20.

ENGLAND AND SCOTLAND. 1287

king crave his letters of fa fe- con duct to the fame commiffioners until Mid- K.t>trtBru 5 ,

T ° ■? K. of Scotland.

Lent *. , - _f

The Englifh parliament having met at York, their confent -f- was obtained i3* 8 -

to a preliminary deed of the greateft moment in the prelent tranlaclion. Ryn 'H' ^ 7 ,
This was a renunciation by the king of England and his council in parlia- Ford. 1.13,
ment, of all right to the dominion or fovereignty of the kingdom of Scot-
land, which he himlelf and fomeof his predecefTors had endeavoured to obtain.
But now confideririg the dreadful havock of the wars that had arilen from this
claim, and the benefits that would be mutually derived to the kingdoms from
the firm bond of a perpetual peace, and particularly the fecurity this would
give acrainft foreign attacks or domeftic infurre&ions •, the king wills and
grants, that the kingdom of Scotland mould be held by Robert Brus, his.
heirs and fuccefTors, by the fame marches as in the time of Alexander III. and
fhould remain for ever divided and diftinct from the kingdom of England, and
in all refpeefs independent of it. He renounces all prior claims of fovereignty,
difcharges all conventions concerning the fubjeclion of Scotland-, and declares
all papers and inftruments that might be any where found concerning luch
fubjection to be void and null J •, and to confirm the above deed by an oath on
the king's foul, full power was by other letters patent given to Henry Percy
and William Zouiche of Aflieby, or either of them.

The perions juit mentioned, with the bifhops of Lincoln and Norwich, and AKbTsfe "**
Geffrey Referoy, were fent to the king of Scotland, with this renunciation on
the part of their fovereign ; and they received from king Robert and the
eitates of his kingdom, letters patent, obliging themfelves to pay to the king
of England, at three terms, in three years, at Tweedmouth, the lum of
20,000 /. flerling ; for enforcing which payment, they fubjetfted themfelves to
the coercion of the apoftolick chamber. This fum the Scots agreed to Ford,
pay, in consideration of the ki g of England's renunciation of his fove-
reignty,. and as a compenfation of damages done by Robert and his fubjefts to
England.

The treaty itfelf §, which was confirmed by the oaths of Hugkearl of Rofs, Match ■*•■

and

* A fafi -conduit was at the fame time given to twelve horfemen, fent by fome of the great men
and noble' of Scotland, to make provifion of divers things for their arrival. Rym. ib.

f So the deed itfelf bears in the molt exprefs manner. Yet Carte, quoting records, fays, that
many of the prelate.' and great men, averfe to the treaty with Scotland, did not come to the parlia-
ment at York; which after fitting a month broke up without doing any bufinef=. C. ib. 396. He
fay 3ifo, from the record to which he refers, that no bufinefs could be done at Northampton from
the lame caufe, of the abfenceof many members, on which account it could not be deemed a full
parliame.it. Yet he mentions fome bufinefs done both at the one and the other, lb. 396, 397.

J The appointment of Percy and Zoufche for the purpofe as mentioned, is wanting in the MSS
of Fordun, which Goodall made ufe of, but is in his edition fupplied from a public inftruraent of
Henry de Wardlaw hifhop of St. Andrews, dated the feventeenth of March 1415, attelling a copy
from the original of this renunciation. Ford. 1. 13. c. 12.

§ The letters patent of the ratification of this treaty by the king of England, comprehending as
ufual the treaty itfelf, are extant in the hands of the keeper of the Scots archives. Fordun fays,,
that, on the feventeenth of March, ambaffadors were fent from the king of England to the king of
Scotland at Edinburgh, to ordain and treat about a firm and perpetual peace, which accordingly
was there agreed. Yet he does not give the articles of this peace,, but only a copy of Edward's

renunciation

2 88 THE BORDER-HISTORY OF

Edwara in. an d Robert Lowedrejufticiary of Lothian (Loeneys), on the foul of the king

K. of England. ^ Scotland, in his prefence, and by his command, declares the agreement of a
1318, marriage between David the fon and heir of Robert, and Joan the king of
England's filter. For effecting this marriage, Joan was to come into Scotland
to Berwick, on the fifteenth of the enfuing month of July, and to be
delivered there to the king of Scotland, or to any having commifiion from him
to receive her. It was farther ..greed, that the two kings fhould be friends
and allies •, but with a falvo of king Robert's alliance with France ; yet this
alliance was not to hinder the king of England to make war on Scotland, if
attacked by the Scots, on account of the French league, or for any other caufe.
The kin" of Scotland was bound not to affift the king of England's enemies
in Ireland-, and the king of England not to affift the enemies of the king of
Scotland in the I fie of Man, or other iflands of Scotland. The king of Eng-
land engaged to employ his intereftat the papal court, that the pro efies carried
on there againft the Scottifh king, or any of his fubjedts, mould be difmiffed.
The laws of the marches of the two kingdoms were to be faithfully kept, and
trelpafies againft them redreffed and punifhed ; or, where there were defects
in thefelaws, or debates about them th.at the ordinary officers could not decide,
thefe were to be reported to the fovereigns, and determined by themlelves, or
councils, or by commiffioners whom they fhould appoint. Finally, it was
ftipulated by the Fnglifh envoys, in name of the;r matter, that his ratification
of this treaty fhould be delivered to the mayor of Berwick before the enfuing

wasthujai 7 feaft of Afcenfion.

Mayiz. An Englifli parliament *, that met at Northampton in the latter pi ft 'of

A til i4 April, gave their approbation to the treaty concluded with S CJCl&nd ; and it
was folemnly ratified by the king on the fourth of May -f- Edward is allb
faid to have had the concurrence of this parliament in claiming Phe right of
fucceffion to the crown of France, whole late king Charles, lirnamed the Fair,
died on the firlt of February of the prefent year, and his queen brought
forth a daughter two months after his deceafe. By the Sdkk law, this infant,
being a female, could not inherit the crown, which Edward claimed as being
fon to the fifter of the deceafed king, and the neareit of his male relations.
The affembly, however, of the ftates of France, adjudged the throne to Philip

renunciation of his right to the fovereignty of Scotland. King Edward mentioirng this treaty in 3
letter to king David, Dec. zo, 1 330, calls it a treaty of peace between Robert king of Sc tland,
David's father, and the king's envoys appointed and lent for that purpofe, (et nojiros nuncios ad
hoc fpeciaiiter dejlinatos). Rym. ib. 461.

• If the parliament of York, fays Carte, had aflented to this treaty, why was that of North-
ampton fummoned, (as all writers of the time agree,) to warrant it by their aflent and approbation ?
The anfwer is obvious, That the treaty was not com luded while the parliament fat at York ; that
parliament only agreed to the efTential preliminary of the renunciation of the fovereignty of the
king of England over Scotland. The reft of the treaty was finifhed at Edinburgh.

t On the day before, Edward wrote to the Pope and feventeen of his conclave, whofe inter-
ceflion he defired with the Holy Father, intimating the conclufion of a peace between himfelf and
the ?nas;niji 'cent prince Robert king of Scots, and entreating him to revoke any procelTes that were
by the" apoftolick authority carried on againft Robert, or any of his fubjetts, and to impart the
fulnefs of his grace for this effect to theambaiTadois of that king, who were to be fent to his court.
Kyjri. ib. 350, 351.

Arcenfion Day

Tyrr iii. 351.

ENGLAND AND SCOTLAND. 2 8 9

of Valois, the late king's coufin-german, and neareft to the crown of thofe Roh " t nru >>
defcending from a king in a line of male anceftors. Edward never loft the / ° ^ c ^ lan ^'
view of this great object, although his youth and other circumftances hindered '3-s.
for a long time any open attempts to enforce his pretenlions. But it is likely
that the profpect of his entering into fo great a conteft would be alleged as a
good argument for defending the peace with Scotland ; whereby, on the event
of a war with France, this latter nation would be deprived of an ufeful ally,
and England, in the mean time cultivating the arts of peace, would grow
ftronger for the mighty ftruggle. And however juftly this peace might be
afcribed to the wickednefs of the queen dowager and Mortimer, it was pro-
bably agreeable to a better plan of policy, than that which was foon after
adopted in fupporting the claim of Edward Baliol to theScottifh throne.

To carry into full execution the treaty between the kingdoms, all neceffary R>m, ib. 354.
fteps were mutually made in due time. Edward, as tutor to his filter Joan,
with the concurrence of his mother the queen-dowager, lent trultees into Scot-
land f, to demand and receive from king Robert, and to manage for his filler's
behoof, lands and revenues amounting to 2000 /. per arm. fettled upon her as
her dower in marriage with the prince of Scotland : and at the time appointed,
the queen, with the bifhop of Lincoln chancellor of England, and a fplendid
retinue, conveyed the princefs to Berwick •, where (lie was received by the earl
of Murray and lord Douglas, reprefenting their fovereign, himfelf being fick ; 1°^:'" ' 3 *
and the nuptials were celebrated with great joy and magnificence 7. Barb. 424.

In p.urfuance of the article in the treaty, whereby the rights of the church J u b/»7-
in either kingdom were declared to be laved from prejudice, orders were
given by king Edward, for reftitution of the peniions and lands which the oa. *s.
abbeys of Jedburgh, Melrofe, and Kelfo, had held in England, and which, Kym -- ib - 3M*
on occafion of the wars between the kingdoms, had been feized into the hand
of the king's father, and ftill remained in the hand of the king J. It is
mentioned in thefe orders, as a good reafon for iffuing them, that the kino- f
Scotland had caufed the like reftitutions to be made to the religious and other
ecclefiafticks in England, of their lands and poffeffions in Scotland. In the A D
following May, Edward made a grant to James lord Douglas, of all the lands 'May*, 3 *. 9 '
and poffefTions which his father William Douglas once held in the kingdom of R r > m - ib - 3S4.
England, and which, on occafion of the war between Edward I. and the then
king of Scotland, had been forfeited to the former, and had come from his
hands into the hands of the prefent king. This grant is declared to have pro-
ceeded from the fpecial favour of the king, without taking notice of the late
treaty; whereas a reftitution that had been made by the king of Scotland to

• Thefe were, Robert Miudugh and Robert de Tughale.

f Carte fays, from Annul, ad Ann. 1377, that the attendants of the princefs loan carried into
Scotland Ragman Roll, and all the records which Edward I. had brought from that kingdom,
according to the inventory taken of them, when brought thence to be lodged in the exenequer at
London ; a memorandum whereof is there ftill pefeved. Carte, ib. 39-.

J Tliefe orders were given, in behalf of the three convents mentioned, to the king's efcheator
beyond Trent ; and particularly for the abbot of Geddeworth, to the Abbels de i'ratis, near
'Northampton, the parfon of Abbot's Lee and Thomas de Fftherlinnhalgh.

The abbot and convent of Dundrennan in Galloway had held polfefiions in Ireland that hncl been
in like manner feized, and which the judiciary of Ireland was now ordered to reilorc.

P p Henry

4 9 o THE BORDER- HISTORY, &c.

Edward m. Henry Percy, of tends and poffefiions held by him in Scotland, and which
J_° ."_ E, °J king Robert had Seized on occafion of the late war, is laid to have been by
«3*9< virtue of the late treaty, and of letters patent of king Robert, pro mi ling the
restitution of them.

On the feventh of June, the life of king Robert Bruce was brought to an
end by a leproly that had been long preying on him. He had attained the
higheft renown by his wifdorn and fortitude, and is one of the greateft
examples that hiftory prefents to us, of the afcendant given to a commander
by thefe endowments, over the molt unequal fuperiority of Strength and
numbers. He availed himfelf of the wafte and rugged face of the country
over which he reigned, and of the untamed lpirits and hard-bred bodies of its
inhabitants, to defend its liberty and independency againft neighbours not lefs
warlike, and incomparably more rich and powerful ; and left his kingdom to
the child who fucceeded him in a State of peace and friendship with England,
eftablifhed on foundations that feemed as Solid as human prudence could devifc.
Yet Still dreading that this concord might be disturbed, and jealous of the
fuperior Strength of England, which could not be refifted without keeping up
the martial fpirit of the Scots by frequent exercife ; he is faid to have left it as
his dying advice, that, on the event of future quarrels, the Scots Should
rather make Short truces than a lafting peace with England, a rule that was
obferved long in the fucceeding reigns •, alfo, that they Should as much as
poffible avoid pitched battles, and rather diftrefs the invading armies by
ambufcades, fkirmifhes, and laying wafte the country through which they
were to pals *.

iFoti. 1. 1». • King Robert's advices to his countrymen about conducting a war, are coroprifed in the follow-

, * ,0 • ing leonines:

Scotica fitguerra pedites, mons, moffica terra:

Silva pro muris fint, arcus et hafta fecuris,

Per loca llri&a greges munientur ; plana per ignis

Sic inflammentur, ut ab hoftibus evacuentur,

Jnfidias vigiles fxnt noclu vociferantes :

Sic male turbati redient velut enfe fugati

Holies pro certo, fie rege docenti Roberto.
Of which there is in Hearne's edition of Fordun the following old Scottilh tranflatioa?

On fut fuld be all Scottis weire

Beliyll and mofie thaimfelf to weire:

Lat wod for wallis be, bow and fpeir

Thnt innymeisdo thaim na dreirej

In ftrait places gar keip all ftoire,

And byrnen the planer land them before;

Thanen fall thai pafs away in hailr,

Quhen that they find nothing but waift.

With wyllis and waykenen of the nicht,

And mekill noyes maid on hicht.

Thanen fall they turnen with great aft'rai,

As thai were ehafit with fvverd awai.

This is the counfall and intent

Of gud king Robert's teftament.
The translator certainly mi&akes fecuris, which denotes the battle-ax, a weapon which the Scottift
warriors of thofe times employed with great vigour. See Froiflart's account of the battle of
Otterburn. It ferved the Scots for bow and/pear, as the ivW/ did for iuai/t,

THE

B O R D E R-H I S T O R Y

O F

ENGLAND and SCOTLAND.

BOOK V.

DAVID, the only fon and heir of Robert, fucceeded him at the age of Edvmd hi.
fix years and three months ; his coufin-german, the great earl of Murray, K D a f ,M n Brt." d
having the guardianship of his perfon and kingdom. In difcharge of this K.ofScotUnd.

office, the guardian equalled the hopes which his late fovereign and the whole ' »

nation had conceived from all his former conducl: ; being faithful to the Ford™.* 9 '
interefts of the young king, and maintaining order and quiet throughout the Buthan -
kingdom by an impartial and rigorous adminiftration of juftice. He was alfo
attentive to keep the peace with England, by making regular payments * at
the terms prefixed, of the fums due by the late treaty ; and during the power
of the queen-dowager of England and her favourite Mortimer, there are no
accounts of the lean; ftrife between the kingdoms.

The king of England foon difplaying an uncommon meafure of capacity
and fpirit, grew impatient of the infolent controul of Mortimer ; and readily
liftened to the propolal of pulling down and deftroying him. Sir William
Montague purchaled the lading favour of the young monarch, by being the
chief perfon in the contrivance and execution of the bold exploit of feizing
Mortimer in the caftle of Nottingham. He was carried thence to London,
and being condemned in parliament, on the notoriety of his crimes, was
hanged at Tyburn. One of the articles of the charge againft him was, that

* King Robert, a Utile before his death, had requefted of the Englifa court, that half of the firft
payment of 10,000 merks, which Aim was by the treaty due at Midfummer, fhould be refpited
until the fucceeding Martinmas. This was granted, and meflengers were accordingly fent from
England to receive 5000 merks at each of the terms of Midfummer and Martinmas. In January
1 330, a grant was made by the king of England to his mother, of the 10,000 merks due by the
king of Scotland at the fubfequent Midfummer, the payment of which fum was made on July 15 ;
and on January 13, the laft io.coo merks payable at Midfummer of that year, were afligned by
Edward to a company of meichants at Florence, the bards. Rym. iv. 385. 397. 406. 410.
445. 463.

;

P p 2 he

292

THE BORDER- HISTORY OF

Edward in. h e {hared between himfelf and his confederates the 20,000 merks, that had
come from Scotland ; no part of it having come into the king's treafury. The
lords Henry Beaumont and Thomas Wake had been driven out of Eng-
land, on account of their having two years before been combined with the
earl of Lancarter in an attempt to pull down Mortimer from his power; and
that being now effected whkh was then attempted in vain, thefe two lords
with fome companions of their exile, were recalled and reflored to their eftates
and honours.
Dec. ;o. Soon after the lords Beaumont and Wake returned to England, a requifition

Rjro. 461. 471. was ma( j e by Edward to the king of Scotland, or more properly to the earl
of Murray his gua:uian, that the lordfhips and lands belonging to Beaumont
and Wake in Scotland, (haul! be reftored to them, agreeably to the late treaty-
of peace, and to letters patent of the late king Robert, promiling to make
this restitution. As it is affirmed in this requifition, that Henry Percy had.
obtained reftitution and poiTefiion" of his lands, by virtue of the forefaid con-
vention and promife, it is probable, that the fulfilment of thefe to Beaumont
and Wake had been prevented by their having joined themfelves'to the enemies
of Mortimer, and having been in confequence thereof driven into exile..
During the ftrait friendffiip between the courts of England and Scotland, the
condemnation undergone by offenders againft government in the former king-
dom, would effectually operate to deprive them of all claims and pofiefTions in
the latter. It is therefore fcarce to be doubted, that the pofleffion of the
lands claimed by Beaumont and Wake in Scotland, had either been confirmed
to thole who held them before the peace, or had been granted by king Robert,
or the regent, to fome perfons of high rank and power from whom it was
difficult to recover them. And that the Scottiffi regency was puzzled about
iatisfying the king of England's demand, appears from the delay they fought
for giving an exprefs anlwer; on the pretence that king David's council was
not with him when the requifition was made. But it was promiled in tha
king's name, that after holding a confutation at Berwick upon Tweed, an
anl'wer fhould be returned to Edward, and for giving this anlwer a day, March
A. n. 1131. 18th, was appointed. In the end of February, meffengers were lent from
the court of England with renewed entreaties, that on the forefaid day, fuch
an anfwer might be given as might content the claimants and cut off grounds
of future diflenfioii. And as a farther evidence or the earneftnels of the
court of England, letters of the fame date and preffing the fame demand,,
were fent to the earl of Murray regent, and to the earls of Mar, Fife, Stra-
thern, and March, alfo to the bifhops of St. Andrews, Dunkeld, and Glafgow.
Rvm.ib.5j8. But notwithstanding thefe importunities, it appears from a renewed application
made in April of the following year, that the defired restitutions were not made-|-.

t In this laft mentioned application, although it appears, that Henry Percy was ftill the only one
of the three who had obtained reftitution ; yet the rcquelt of reilitution is only made for Wake,
and not for Beaumont, who by that time had refolved to leek the recovery of the pofllffions he
claimed in Scotland, by endeavouring to raife Edward Baliol to the throne oi that kingdom.

7 The

ENGLAND AND SCOTLAND, 293

The great fource of difficulty in making or warranting fuch reftiturions, DiyMBhh,
even though the Scottifh regency had been ferious with regard to them, ^" ' f ^ c °'_ lan *'
appears from a complaint of the bifhop of Durham, Louis de Beaumont, the 1351.
lord Henry's brother, of a violation of the late treaty by Patrick Dunbar earl Rym ' ib -'» cs -
of March. 1 he biihop alleged, th.it the village of Upfetlington, fituated on
the Siottilh fide of the river Tweed, over againft Norham to the weft, was a
part of the right of the church of St. Cuthbert, or fee of Durham, which
the predeceflbrs of the prelent bifhop had pofTefTed from time immemorial ;
but it having been feized by the late king of Scotland in the time of the war,
it was reftored by virtue of the article in the treaty of peace refpedt:no- the
poirelTions of church-men in either kingdom, though this reftjtution was not
made till after feveral requifi dons. The earl of March, however, in con-
tempt of all that, had been ordered or done, had feized the place and ifiues
thereof, and violently hindered the bifhop from enjoying them. On the F b
complaint and fupplication of the bifhop to king Edward on thefe heads,
letters were lent by him to king David, to his guardian, and to the earl of
March, aiking and requiring reftitution and redrefs. Yet the bifhop did not,
in conlequence of thefe, obtain undifturbed pofieffion : for in the following oa, to.
October, Edward wrote again to the king of Scotland on a new complaint of
the bifhop to the king, and his council in parliament; representing, that the
biihop himlcif and his predecefTors had always exercifed both civil and eccle-
ftaftical junfdietion in the village of Upfetlington*, as being a dependency of
the caille and manor of Norham which was a parcel of his bifhoprick ; but
that certain fcrvants of the king of Scotland, under the pretext of a general
order to fummon a meeting of the Scottiih parliament at Scone, had caufed
fummon the biihop to be prelent in perfon at that parliament, to fhew how
and by what iervice he claimed to hold the lands of Upfetlington -f-. The
king of England complains of this fummons as being not only injurious to the
biihop and his church, but as tending to the exheredation of hirrrfelf and his:
crown ; as the biihop for what he held of him could not be obliged to attend'
any other parliament but his, nor to pay homage to any other than him.
Wherefore he requires and afks, that David, from regard to him, would give
over fuch ftnles with the bifhop, and reftrain his minifters from giving him
difturbance ; and that he would intimate to him his refolution by the bearer of.
the letter.

Meantime, notwithftanding the tendency to ftrife in thefe claims and com-
plaints from England, an amicable ipirit was fhewn in other inftances. One of
thefe was the appointment of feveral perfons to be the king's jufticiaries £, to Rym.ib.-47r*
caule to be kept and obferved in the counties of Cumberland and Northum-
berland, the peace lately concluded with Scotland. Befides receiving the fame

* Called here Wefl-Upfetlington.

f It appears from this paper, what perfons were then fummoned to a Scottifh parii.irnen'. They
were, all. biihops, abbots, priors, eatls, batons, and free tenants, who were obliged to be pr;:ei:t
in the king's parliament, and alfo all and fingular that were obliged to do him hoimge.

J The jufticiaries and commillioners for the Northumbrian march were nine, of whom th» chief
were, the archbifhop of York, the prior of Durham, and Henry Percy. Thofe for Cumberland
were, John de Harry ngtor>, Ralph de Dacre, and Ric, de Dentou. lb. .

charge.

2 94 THE BORDER-HISTORY OF

•Edward in. charge with that accultomed to be given to confervators of peace or truce,
■J -.- "j thefe perfons were alfo commiflloned to declare and perambulate the ancient
i3j'i bounds between the kingdoms of England and Scotland, in concert with men
of Scotland to be afligned for that purpofe, to make anew boundaries and
divifions between the kingdoms, where thefe appeared needful ; and to certify
the king concerning thole about which they could not agree. In all their
proceedings, they were to do juftice agreeably to the laws and cuftoms of the
marches, with a falvo of the amerciaments and other rights belonging to the
king.
A. o. 1331. j n tne beginning of the following year, the king of England was informed
that feveral men of his own kingdom, and others, were holding confutations
and purfuing meafures that tended to break the peace lately concluded with
Scotland, on which kingdom they purpofed to make an hoftile attack through
the marches of England. But Edward refolved to preferve the peace on his
Rym. ib. sit. part inviolate, iflued ftridt orders to the fheriffs of the five northern counties *,
to caufe proclamations to be made, prohibiting in his name, under the higheft
penalties, all his fubjects, of whatever ftate or condition, to enter Scotland
with armed forces over the Englifh marches, or to do any thing elfe in breach
of the peace ; farther enjoining the fheriffs, if they difcovered any acting
contrary to this proclamation, to arreft their bodies and arms, and keep them
prifoners until otherwife commanded by the king.

This proclamation fliews, that fome of the Englifh barons were at this time
meditating an infraction of the late peace with Scotland ; in the treaty of
which peace the advantageous terms ftipulated to the Scots were confidered
by almoft all the Englifh as highly difgraceful to their country •, and the whole
tranfadtion partook of the violent odium that juftly purfued the wickednefs of
the queen-mother and Mortimer. As the power of thefe was now at an end,
many were prone to think that the pernicious effects of their power ought to
fall with them ; and that as the king, a youth but a little more than fifteen
years old, was, in agreeing to this treaty with Scotland, wholly under their
influence, he was not obliged, after regaining his liberty, and arriving to
more mature years, to adhere to a contract ib injurious to the rights
of his crown. Such confiderations would undoubtedly be fuggefted to the
king by many of his counfellors ; and the project was very natural of reviving
and fupporting the claim of Edward Baliol, the ion and heir of John, to
whom the king's grandfather of revered memory had folemnly adjudged the
crown of Scotland as his rightful inheritance. But other councilors, and
probably the mind of the young prince himfelf, wherein fentiments of
religion, honour, and humanity prevailed over views of ambition and interefr,
would fuggeft the facrednefs of the late tranfaction, in which the faith of the
reprefentatives of the nation was plighted along with his own for confirming
the treaty •, and as an endearing pledge of inviolable peace, the innocent child
his filter given in marriage to David, whofe equally tender years pleaded very
ftrongly for pity and protection, inflead of oppreffion and violence.

• Northumberland, York (hire, Lancadiire, Cumberland, Weflmoreland.

But

ENGL AND AND SCOTL AN D. 295

Bu<t foch c on fi derations were of no force with many of the Englilh barons, X>nU&*m,
to extinguifh that animofity and refentment, mingled with pride and contempt, ^° .." ' "
whereof the Scots were the objects •, and which naturally arole from a long 133a
and cruel war, frefh in remembrance, and ftill bleeding in many of its
•wounds. Thofe efpecially who claimed eftates and honours in Scotland, from
which thev were excluded by its prefent governors, were eager to embrace the
opportunity of recovering them afforded by the fituation of affairs in that
kingdom. The lord James Douglas, on his way towards the holy fepulchre
with the heart of king Robert Bruce, was, in the year after that king died,
killed in Spain fighting with extraordinary valour under the banner of king
Alphonfo X. againft a Saracen king of Granada. The earl of Murray was in
a declining ftate of health, and had probably, by his rigorous adminiffration
of juftice, incurred the hatred of fome of his countrymen. Murray and
Douglas had long been men of the chief authority in the kingdom, and fuch
props were mod neceffary to the throne of a child. There were fome remains
of attachment to Baliol ; and alio of refentment againft the family of Bruce,
on account of neceflary feverities exercifed by king Robert on fome perfons of
eminence, who were convifted of plotting againft him in the latter part of his
reio-n. Yet Randolph appears to have been fo much an objeft of the dread of
Baliol, and his Englifti friends, that their invafion of Scotland was not made
till after his death, and indeed was in this refpedt fo timid as to give fufpicion,
that the invaders forefaw the event and waited for it. The Scottiih hiftorians FoHun.
fay, that an Englifh monk who ferved Randolph as a phyfician, was hired by Boece «
the plotters of the intended revolution to give him poifon, and that on uc *"*
receiving intelligence of the fatal operation of this poifon, they made the
defcent for which they ha.l been long before preparing. This ftory they com-
bine with circumftances which authentic records prove to be fi&itious ; and
perhaps the ftory itfelf deferves no more credit than many relations of the fame
kind, concerning the deaths of great men that have happened fuddenly or ac
critical periods.

It was unhappy for Scotland, that the men having claims to eftates and
honours in thai kingdom, which they embraced the prefent opportunity of
profecuting, were perfons of the firft eminence in England for rank, intereft,
and pofleffions. The lord Henry Beaumont, who may juftly be regarded as the
head of the enterprife, was illuftrious by his defcent from the royal blood of
France j and by the bounty of the firft and fecond Edwards had arifen to great
power and riches, which were confiderably increafed by his marrying Alice,
one of the nieces and co-heirs of John earl of Buchan and conftable of Scot-
land *, who inherited the eftates in England that belonged to his mother, a
daughter and co-heir of Roger de Quinci earl of Winchefter. David de Du s d '
Strathbolgi earl of Athol, had lately married the lord Beaumont's daughter,
and was himfelf the fon of one of the daughters of John Comyn of Badenoch,
whom Robert Bruce flew at Dumfries. David had lands in Kent which his
grandfather acquired by marriage, and fucceeded to a part of the great eftate

• The name of the other niece was Margaret. Dugd,

29 6 THE BORDER-HISTORY OF

Edw»r<i in. f Aymer de Valence earl of Pembroke, which defcended to him from his
k. of England. mot ] ier j oan c omvnj the daughter of John before-mentioned, and the fifter
1331- and coheir of his lbn of the fame name. Hizabeth, the other fitter and coheir,
was married to Richard Talbot, a youth about nineteen years old ; of high and
ancient defcent by his father, who was then alive, and chamberlain to the king;
and by the female line fprung from the princes of Wales, and Beauchamps
earls of Warwick. Thefe three, befides the ambition of recovering the eflates
and honours formerly poffefTed in Scotland by the great family of theComyns,
were animated by the lavage ideas of the times, to revenge upon the fon
the murder of John Comyn of Badenoch, committed by the father at Dum-
fries.

Gilbert Umfranville and Thomas lord Wake were ready to engage in the
projected expedition •, the former in the view of recovering Angus, whereof
n e Sir John Stewart * of B:<nhill had been created earl, at the coronation of

p.Ti 6 . king David, and the latter, of regaining the poffemon of Liddeidale. William

la Zouche, lord of Harringworth, and Henry lord Ferrers, defcended from
two of the daughters and coheirs of- Roger de Quinci earl of Winchefter,
had claims in Scotland, founded on the marriage of the lafl-named earl to
■Margaret, a daughter and coheir of Alan lord of Galloway. Henri de Beau-
mont was alio connected with Zouche and Ferrers in thefe claims, by his wife's
mother, being the third of the daughters and coheirs of earl Roger. Another
very eminent adventurer in the defcent on Scotland, was the lord John Mou-
brai, a baron of fplendid anceftry and great eftate in Yorkihire, Lin coin (hi re,
and other counties. A branch of his famik had long before acquired an eflate
in Scotland, by the marriage of an heii'els there. The circumftances above-
related are known concerning fome of the principal perfons who meditated a
renewal of the war with Scotland for the recovery of their own rights; and
they would, no doubr, endeavour to obtain the concurrence, or connivance of
their lbvereign, by profeffing an equal zeal for recovering the claims of his
crown.

The lord Henri Beaumont, a man of high prowefs, ripe in years, and of
great experience in affairs both civil and military, is always celebrated as the
chief in contriving and conducting this remarkable enterprile. While an exile
in the latter lIi France, on account of his attachment to the unhappy earl of Kent, or after-
v. a rt of ann. wards when an ambaffador to the French king, he concerted with Edward
IJ3 '* Balliol, who had long refided in quiet on his French eftaie at Qtiimper, mea r

fures for an attempt to regain the crown, which his father John had for fome
time pofiefTcd. And Beaumont is faid to have, in the ftrongeft manner, re-
commended himfelf to Balliol's favour and confidence, by interceding effe&u*
ally with the French king for liberating him from an imprifonment which he
had incurred by refcuing a favourite Englifh domeftic from the public juftice
of France.

* Sir John Stewart was grandfon of the fecond fon of Alexander lord high fteivard of Scotlind,
who died ann. 1283, and brother of James lord high fleward of Scotland, grandfather of king
Robert II. Dougl.

* The

ENGLAND AND SCOTLAND. 297

The king of England fteadily oppofing any hoftile attack on Scotland, 1^™$*™'^
through the adjacent marches of England, a refolution was formed of making ■_ -_- j
the invafion by fea. For this purpofe, the aflbciated barons collected a fleet of »33 s -
fliips at Ravenfpar-f-; a place on or nigh the mouth of the Humber, on the
Yorkfhire fide. Sailing from thence, they entered the Frith of Forth on the
laft day of July. The earl of Murray, regent of Scotland, dying on the 20th
of that month at Muffelburgh, they molt probably had certain intelligence of
this event before they put to fea. Although their number was not great, yet
the preparations necefiary for the enterprile, both by land and fea, could not
be unknown to the king of England. And though he took no effectual fteps
to prevent it, yet foon after the adventurers put to fea, he emitted a public
declaration, that their doing fo was contrary to his exprefs prohibition. This
the king notified by his letters to the inhabitants of the five northern counties •, Augufi ..
at the fame time informing them, that fome nobles and others of Scotland
were, with all their power, preparing for feme enterprife ; but he declares to them
his own defire of preferving the peace inviolate ; and that for this effect, he
had conftituted the lord Henry Percy, keeper of the march towards Scotland,
with full powers to reftrain and punifh all infractions of the peace by the fub-
jects of England ; and in cafe of any attack from Scotland, to raife the pofles
of the above-mentioned counties to repel it.

The Englifh fleet continued feveral days in the Forth before the meditated
defcent was made from it; whether by feints of landing in different places,
they meant to divide and harafs the Scottifh forces that were employed to
defend the coaft, or whether they waited for intelligence from friends, or the
appearance of fuch to join them. At laft they difembarked at Kinghorn ; and Augufttf.
chiefly by the Englifh bowmen, a body of Scots, who oppofed their landing,
was routed, with the flaughter of their leader, Sir Alexander, fon of lord
Seaton, and fome others. The whole number of fighting men who landed Hem. ». ^^^l
from this fleet, are faid, by the Englifh writers, to have been two thoufand p^ 56 "*
five hundred : of thefe, according to Fordun, five or fix hundred were Gens
d'Armes-, among which there were forty-four German knights, foldiers of for-
tune, with their attendants, whom Baliol had brought over from the
continent.

The fuccefs of the Englifh at Kinghorn, was the beginning of a rapid and
amazing feries of victory. The conquerors advanced through Dunfermling,
where they found five hundred excellent fpears, towards Perth. In the neigh-
bourhood of that town, on the Moor of Duplin, a great army was gathered
from the northern parts of Scotland. It was commanded by Donald, earl of
Mar, who having been elected but a few days before, by an aflembly of pre-
lates and nobles at Perth, to fucceed the late earl of Murray in the office of
guardian of the kingdom, had no time to acquire authority or credit in the
character of fupreme governor •, the want whereof would be more fenfibly felt
in him, as his predeceffor enjoyed them in fo diftinguifhed a manner. The

•f- This place, with feveral others in the diilrift of Holderrefs, were fwallowed up by the Hum-
b«r, or the fea, in the reign of Edward III. Camd. ii. 900.

Q^q Scottifh

* 9 8 THE BORDER- HISTORY OF

Edward in. Scottifli army contemned the fmall number of the Englifli j who, although
^l^i joined after their fuccefs at Kinghorn, by fome of their Scottifli friends, were
133*. not yet above three or four thoufand •, that is, probably not above a tenth part

of the number of their adverfaries. Some fecret friends of Baliol were alfo in
the enemv's camp. One of whom, Sir Andrew Murray of Tullibardine, did
the Englifh the important fervice of fixing a pole in the river Earne, to direcT:
them to a fafe pafiageover it in the night.

The Englifh combining with thefe advantages their own martial fkill and

Auguft ,4. prowels, and having paffed the Erne iafely in the night, fell fuddenly, about
the dawn of the morning, on the Scottifli army, or an advanced part of it,
making a dreadful (laughter. The Scots were found in perfecf fecurity ; and
the Englifh, for the fake of diftinguilhing each other, and keeping order
while darknefs continued, fixed pieces of white linen on their fleeves : fur-
prife, confufion, and confternation foon feized the whole Scottifli army ; and
the chieftains rufhing precipitately, and with furious emulation, to repel the
aggreffors, were flain amid heaps of their followers. Among the eminent
perfons that fell in this carnage were, the earl of Mar himielf, Thomas Ran-
dolph the young earl of Murray, Murdack earl of Monteith, Robert Brus
earl of Carrick,° and Alexander Frafer*. Duncan, earl of Fife, was taken
prilbner. The conquerors, marching to Perth, feized it without refiftance*.
and immediately fet about renewing and ftrengthening its fortifications.

Patrick earl of Dunbar, who was either conjoined with the late earl of Mar,
or delegated under him as guardian of the fouthern parts of Scotland, had, ac
the time of the engagement at Duplin, advanced, together with lord Archibald
Douglas, to Ochterarder, at the diftance of a few miles from the field of bat-
tle; and the hazard to which Baliol was expofed of being hemmed in be-
twixt two armies, fo vaftly fuperior in numbers to his own, compelled him to
* make the attack, however defperate, at Duplin. The earl of Dunbar, and

lord Archibald Douglas, advanced to Perth, which was too ftrong, and too
well garrifoned for them to gain by affault. According to the Scottifli wri-
ters, they almofl inftantly difperfed; not without fufpicion of the influence of.
fome amongft them who were attached to Baliol. The Englifh writers fay,,
that they continued to befiege the town until the 24th ot the month; on
which day, Sir John Crabf, who, by order of the carl of Dunbar, had failed
from Berwick with a fquadron of ten Flemilh fhips, to attack the fliips of the
Englifh adventurers, who had failed round from the Forth into the Tay, made
an attempt to deftroy that fleet, but was bravely repulied, his fliips deftroyed,.
and himielf compelled to feek his fafety, by flying over land to the place from
which he came. The Englifh having, in confequence of this fuccefs, fecured
a fupply of provifions by fea, and the beficgers having by this time fallen into
a great fcarcity of them, the fiege was raifed. Soon after Baliol caufed him-

* The dead bodies of the Scots, fays Hemingford, were, as was faid,. heaped up to the height
of a lanca ;. and many more were fuftbeated by the weight of dead bodies, than flain by the Avord.
Hen>. >i. 273.

■f- See above. Hemingford faji, That for feveral years he had done many mifchiefs to the
Englifh at lea, ii. 273.

felfi

ENGLAND AND SCOTLAND, 299

fclf to be crowned at Scone, by Duncan, earl of Fife, and the bifliop of Dun- J 3 "'* B ™ s -
keld; the clergy and ba;ons of Fife, and other parts of the adjacent country, ^-° c° '°^«
attending the lolemnity ; and Baliol, elated with his extraordinary fucceffes, ijji-

is laid to have aiTumed the name of Conqueror.

The king of England carried fo far the expreflions of his difpleafure, with D , f
the enterpnfe againft Scotland, that he had commanded the eltates of Beau-
mont, its chief conductor, to be feized into his hands. But the wonderful
iuccefs of that expedition, led him by degrees to the avowal and open profe-
cution of meafures, whereof he feems in the beginning to have been afhamed.
His preparations, however, for which he obtained a fupply from his parlia-
ment, which met at Weftminfter in September, were ftill alleged to be of
the defenfive kind. His parliament, in confequence of the intelligence re-
ceived from the north, forefeeing that the Scots would foon be making inroads
into England, unanimoufly adviled him to abandon a project he had formed R ym /b. p. n*
of palling over to Ireland, for the quelling of fome inteftine difturbance.-, in
that ifland ; and inftead of going thither, to con duel: an armed power to the
north of England, in order to wait the motions of the Scots. For this effecT, Cottoo't Abr.
they granted him a fifteenth of the perlbnal eftates of lords and knights of f ' '**
fhires, and a tenth from cities and burghs. Accordingly the king being at
Nottingham in the following month, iffued orders for chufing archers, foot- R yiT ,. ;b. SJ3f
men, and hobelars, in feveral of the northern counties, for the defence of his sw. 53f-
people on the marches, ' whom certain nobles of Scotland, on occafion of the
late difturbance in that kingdom, were preparing to attack.' The king having
come to York before the end of the month, gave a commiffion to two of his
attendants, to go to Newcaftle, to treat with two envoys from the guardian of
Scotland*, about certain affairs, which thefe envoys had been fent to propole
to the king of England in perfon ; but one of them, Rob. de Lowedre, being
feized with a dangerous difeafe at Newcaftle, was unable to proceed any
farther.

At length an authentic record of a tranfadion in the end of the following
month, brings to full light the plan of intereft and ambition, with regard to
Scotland, which Edward, in confequence of Baliol's fuccefs, did adopt;
whereby the bloody fcenes of his father's and grandfather's Scottifh wars were
readied ; yet ftill without attaining the fo much defired fubje&ion of the whole
ifle of Britain to the Englifh crown. Baliol leaving Perth to the cuftody of
Duncan earl of Fife, from whom it was foon taken by Simon and James Frafer oeti ?i
and Robert Keith, marched to the frontier of his kingdom toward England.
He there took, or received by furrender, the caftle of Roxburgh ; from
whence he dates his letters patent, confirming a remarkable bargain he had Nov. 13.
concluded with the king of England.

In thefe letters he begins with acknowledging the fovereignty of the kings of Rvm.jb.p, 537,
England over the kingdom of Scotland, by right and ancient poffeffion ; and s ^' Si9t

* This was Sir Andrew Murray of Bothive!!, who in 1326 had rrarried Chiiflian, the filler of
Robert Brus, who had been married before ti> Gra:ney earl of Mar, and to Sir Chriflo^her Seaton.
Ford. 1. 13. c, 25. Doug. Peerage.

Q_q 2 with

300

THE BORDER-HISTORY OF

■EAmrAiu. w irh reciting the decifion that Edward I. in that character, had given in favour
\^L- -T-IILJ of John Baliol, and the confequences of that decifion. And now he himfelf
•33»- having by fufferance of the prefent king of England, and with the aid of part

of that king's good fubje&s, recovered his heritage of Scotland, and been
crowned king of it and the Ifies, had rendered his liege homage, and fworn
fealty to the Englifh king, as fovcroign lord of Scotland and the Ifles-, which
homage and fealty he bound himfelf and his heirs to renew oa every proper
occafion*. But farther, to teftify his gratitude for the king of England's
allowance of his enterprife, and the faithful and effectual aid received in it
from his fubjects, Baliol engages to cede to him lands worth two thouland
pounds yearly revenue, on the march of his kingdom, whereof the town,
caftle, and county of Berwick, were to be a part-, which, with al! their appur-
tenance?, were to be annexed to Edward's royal dignity and kingdom of Eng-
land, and entirely fevered from Scotland. In the king of England's wars, for
defence of any of his dominions, Balliol engaged to alTift him with two hun-
dred men at arms, and bound his fucceffors to afiift him with one hundred of
the like forces. If the marriage between David Brus, and Joan, Edward's lifter,
fhould not take effect, and Joan confent, Baliol engaged to take her to wife,
adding five hundred pounds a year to her dower. He engaged alio, to make
provilion for David, according to the determination of the king of England
and his council i provided that this fhould not require him to quit with his
crown. The articles of the military aid and marriage were enforced by heavy
penalties, to be incurred by Baliol on failure •, and, for farther iecurity, Bal-
liol promifed to renew his letters patent, at his firlt parliament, and to obtain,
their affent to every thing he had therein promifed. There was alfo another
treaty concluded between the two kings at the fame time and place, declaring,
that the king of England had engaged for himfelf, and his heirs, to aid and
maintain at his own coft Edward Baliol, and his heirs, in the kingdom of
Scotland, againft all attempts by war or force to expel him from that king-
dom. On confideration of which, and the great benefits already received
from the Englifh. king, Balliol engaged to affift the king of England, in per-
fon, with all his power, and at his own expence, in England, Wales, or Ire-
land, on receiving fix months warning ; and thefe engagements he alfo pro-
mifed to confirm at his next parliament, in the fame manner as the former,
©ec. i. Very foon after this convention, the king of England held his parliament at

York; where were prefent, the lord Henry Beaumont and the earl of Athol,
from Edward Baliol, and alfo envoys from David Brus. The king confulted
this affembly about the meafures he fhould follow with regard to Scotland, in
the prefent circumftances of that kingdom : whether he fhould feize it as Wis
own domain and property, or, by aiding Baliol, fhould content himfelf with
recovering the homage and fervices his anceftors had enjoyed. But molt part
of the eftates being abfent, and particularly the prelates, by reafon of tht
wonted ftrife between the archbifhops of Canterbury and York, no anfwer was
given. Still it was thought expedient to treat with the guardian and nobles

• Every movement, in the feudal language, or change of lord or vaflal.

ENGLAND AND SCOTLAND. 301

of king David's party; and for this purpofe, the lord Ralph Ballet and Wil- J 3 *?^™!
liani Denum received a commiflion, in the middle of December. The chief . ' ° "' a " ',
purport of their commiifion, as fome hiftorians relate, was to require that ij3»-
David, as a condition of peace and friendfhip with the king of England,. RjFim lb * S4 *'
mould perform homage and lwear fealty to "the latter; and fliould alfo reftore
to him Berwick on Tweed, which his father and grandfather had poiTeffed.

It is probable, that a fore difafter which befel Baliol, before the end of this
year, might incline the court of England to pay more attention to David, and
to make him offers of friendfhip on the fame conditions that had been agreed
to at Roxburgh by Baliol. This latter, after having received to his peace
and allegiance, at Irwin, Alexander Brus, earl of Carrick', and lord of
Galloway, and feveral other nobles, went to Annan, a town belonging to
his patrimonial tftate; where he intended to keep the Chriftmas feilival, or,
as fome relate, to hold a parliament for fettling the affairs of his kingdom.
But while he remained here, without apprehenfion of danger, he was attacked Dec. 16.
at dead of night by John Randolph earl of Murray, the lord Archibald
Douglas, and Simon Frafer; who, by order of the guardian, had collected Ford - lbi
for this exploit one thoufand cholen men at Moffat. BalioPs retinue made a
brave refiftance; wherein Henry his only brother, greatly diftinguiPned him-
felf, but was at Jaft flain, together with Walter Comyn and others. Alexan-
der Brus was taken, but refcued from death by his coulin the earl of Murray.
The king himielf, half naked, fled on a horfe without a faddle over the fands
of Solway into England. He was hofpitably received at Carl.ifle by the lord
Dacres conftable of the caftle of that city and fheriff of Cumberland ; and after
fpending his Chriftmas with Dacres, removed to Weftmoreland, where the
lord Clifford entertained him in his caftles of Appleby and Brough. In reward
of this feafonable hofpitality, the exiled king made a grant to Clifford and his-
heirs of Douglas-dale in Scotland.

The circumftances of Baliol, and in eonfequence thereof, the irrefolution
that probably for a while prevailed in the counfels of the king of England,
might perhaps be the reafon that a new meeting of the Englifh parliament at
York, in January, gave the king no pofitive advice about his proceedings
with regard to Scotland. They expreffed their defire that, the matters in deli-
beration being difficult and of great importance, he would confult the Pope
and the king of France about them ; and, in the mean time, would appoint
wardens for the northern marches.

Theexpulfion of Baliol from Scotland, while it might incline the king of Eng-
land and fome of his council to abandon him, and to enter into pacifick meafures
with the regency of David Brus, would encourage the latter to aflert the favourite
independency of the Scottiih kingdom, with that determined fpirit they had for-
merly fhewn in the moft defperate circumftances. Accordingly they are laid to
have rejected the demands of Edward with difd.un. On the other hard, Edward
was now too far engaged in the career of ambition to defift. He' therefore finifhed Rjm.;t>. S4 g.
and ratified his bargain with the exiled king, whole procurators, fent for that '^ r ° ' r ' 3 *
urpofe from Brough in Weftmoreland to the Englifh court, were, Alexander
e Moubrai and John de Fekon, jointly and ieverally impowered to conclude,.

and

Do 3d,.

Cotton's Afcr,
p. 14.

FroiiT.

302

Edward III.
K. of England.

S— „ — ~^J

'333-

Uym. ib. 557.
lb. 55".

Knight.

Waif.
Dugd,

Tvym. ib, 55*,

THE BORDER-HISTORY OF

and to confirm, by their oath upon their matter's foul, all things contained in
the letters patent drawn up at Roxbun h.

Mutual incurfions began about this time on the borders ; by which incur-
fions the king of England affirmed, that the Scots were the aggreffor ■, and
firft breakers of the peace-, and, on this footing, fought to juftify his own
conduct at the courts of France and Rome. In briefs to the fheriffs of the
three northern counties, dated March 23d, he fays, that the Scots, with a
great army and banners difplayed, had already feveral times entered England,
committing mifchiefs of all kinds ; notorioufly breaking the late peace, and
moving war *. By thefe briefs the flierii^s are coinmanded to make proclamation,
that the inhabitants of the invaded counties fhould retire with their moveables
to the interior parts of the kingdom, where the king had given proper orders
for their hofpitable reception and entertainment.

The firft inroad, relared by hiftorians, is that which the lord Archibald
Douglas, at the head of more than three thouiand choice men, made a!>out
the 20th of March, into Gillefland f and the eftates of the lord Dacres,
wherein he fprcad defolation to the extent of thirty miles. He returned in a
few days without any encounter. Retaliation however was foon made, by an
incurfion of Sir Anthony Lucy of Cockermouth, and William of Loughma-
ban, who having, with eight hundred men, penetrated above twenty leagues
into Scotland, were attacked by Sir William Douglas keeper of the caftle of
Lochmaban. After a very fierce conflict, wherein lord Lucy was fore
wounded, the victory fell to the Englifh. More than one hundred and fixty
Scottifh men at arms were flain, among which were lord Humphrey Gordon
and Sir William Carlifle ; and Sir William Douglas himfelf, Sir William
Baird, and a hundred more, were made prifoners. Sir William Douglas was
efteemed fuch a prize, that orders were fent from the king of England to the
lord Dacres, conftable of the caftle of Carlifle, or his lieutenant, to detain
him in iron fetters, and not to liberate him without fpecial orders ^. Another
inroad, towards the other end of the marches, was made by the Englifh as far
as Haddington, in the time of the fair of that town.

The Englifh writers fay, that king Edward, on being refufed by the Scot-
tifh regency, the homage of their king and the reflitution of Berwick,
ordered his ambaffador or herald to give David a public defiance, which in

* So he write to the French king from Newcaftle, May 7, that the guardian and great men of
Scotland had made feveral hoftile incurfions into England, and fo openly broken tie peace made tuitb
Robert Brus. Here is no mention of the four years truce with Scotland, which Knighton and
others fay, was expired before the king of England entered into this war. This truce appears to be a
mere fiction, contrived to juftify Edward againll the too well-founded charge of breach of publick
faith ; and of cruelty to his filter, and her hufband David Brus.

f Gilles-land is a trail of land in Cumberland, to the north weft of Cailifle, in the direction of
the Roman wall. The little river Gelt runs through it (Camd.). It belonged to lord Dacres, on
whom it was, perhaps, partly the dtfign of this invafion, to revenge the protection he gave to the
fugitive king.

% Sir William Douglas is called, in the order from the king to Dacres, Sir W. D. of Polerte.
Fordun fays, that, as it were, the flower of knighthood in all Ann^ndale, was taken by the
Englifh at Lochmaban, among which captives was Sir William Douglas of Liddefdale. His
.countrymen called him the flower of chivalry. Ford. 1. 13. c. 27. Godfc.

5 d»e

ENGLAND AND SCOTLAND.

303

the cuftoms of that time was equivalent to a declaration of war. The ren- Dav;j BrTI ».
dezvous of his forces for proiecuting this war, was appointed at Newcastle, on yj" ."' an _^
Tiini y Sunday. Bot in the mean time, for guarding his marches and re- 1^3.
pelling the attacks of the Scots, he lent toward Scotland a confiderable body M ' y i6 '
of forces, under his coufin Henry earl of Lancafter, the earl of Arundel, the
lord William Montague, and Ralph lord Neville, by whom Edward Baliol,
and the few that nad followed him into England, were reconducted into
Scotland. Thefe frees took a certain fortrefs near the borders, where they Dugd. i. ess.
found, and reftored to liberty, the lord Robert Colville, and feveral other per-
fons of note of both fexes, who had been made prifoners by the Scots in their
late in. urlions. Thr L J nglilh army marched next to Berwick, and began to
befiege it on the raih of April *. J he Scots, knowing that the reduction
of this place would be one of the firft and chief enterprifes of their adver-
saries, had endeavoured, to (he utmoft of their power, to fecure both the
town and callle by numerous garrifons; and had intruded the keeping of
the town to Sir William Keith, and of the caftle to Patrick earl of Rymer,
Dunbar.

The keeper and garrifon of the caftle of Roxburgh having continued faith- For<5 _ 1§ ,
ful to Baliol, he was on his return to Scotland, received into it; and c. 627.
remained tor fome time in it, waiting the arrival of the king of England.
The guardian, Sir Andrew Murray, endeavouring to force his way over the
bridge that led to the town and caftle, met with a firm and vigorous refirtance
from the Englifh ; and in endeavouring to refcue one of his retinue, an
efquire, who in the mock was beaten down and in the utmoft hazard, was
himielf enclofed by his enemies and made prifoner. Yet he would not as fuch-
furrender,. until he was presented to the king of England at Durham, where
he yielded himielf the prifoner of that king. This lols of their guardian
obliged the eftates of Scotland to make choice of a new one-, and the perfon
elected was Archibald Douglas, lord of Galloway, brother of the famous lord
James.

The king of England, animated by all the ardour of a young hero, ap- Wharton, Aug,
proached the fcene of action early in the feafon. He was at Durham on the Sic.voi. .760,
firft of April, and thither hi? qu en foon followed him. On St. George's p. 553.
day, being advanced to Newcaftle, he thence fent letters to the prelates of his
kingdom, afking and requiring their prayers for the fuccels of his expedition.
On the feventh of the following month, he dated a letter to the French king Rym. it>, 557,
from Bel ford, a place within a few hours march of Berwick -f. This letter
ihtws b that Edward, in his former correipondence wi: 1 that monarch, had
been amufing him with promifes of regulating his cc; luc~t towards Scotland
agreeably to Philip's advice: but now he tells him, (hat the ftate of atfairs is
wholly altered, as the open hoftilities committed agamft his kingdom by the
guardian and other nobles of Scotland, which he could bear no longer, obliged
him to apply fuch remedies as circumttances required,

•" Avefbury fays, that this fiege was commanded by the lord William Montague.

•f This letter was inaofwer to one from the abovemensioned king, dated- zzd March.

King:

3 o 4 THE BORDER. HI STORY OF

Edward m. King Edward having arrived at Berwick, remained about a month before
i'_ _ _ c _. ' it; and finding, from the ilrength or' the garriibn an J its refolute defence, that
'333- the place could not be jCooti taken, led part of iiis ; army into Scotland, In
.ciy. this expedition he took and gunfoned the cattle of Edinburgh, and, palling
-the Firth at Queen's-Ferry, overran all the country as far as Scone and Dun-
dee ; and on the other fide, cirritd bis ravages to the neighbourhood of
Dunbarton ; in which firong cattle king David and his queen were placed,
as in a fecure retreat. The fighting men and inhabitants, who would not
fubmit to Baliol and tlie Englilh, retired with their moveables to the faftnefies
•of the country ; the molt noted of which, in thofe days, was the forejl of
Jedburgh. On his return towards Berwick, Edward took the caftle of Black-
nels ; and refolving to keep that fortrefs, he left in it a garriibn for its defence.
He is laid to have been annoyed in his march by brifkoniets from parties of the
inhabitants, where places and occafions favoured : but a general engagement
the Scots were fo wile as to avoid, agreeably to the example and dying advice
of the fagacious king Robert Brus; which if they had continued to obferve,
it would have faved them from the deftrudbon that was now fail approaching
them.
Thftroton's The king, on his return from Scotland, found Berwick ft ill holding out;

a5 °<!u n Li P by 2 4 ' an d being reinforced with a frefh body of troops from Ireland and Aquitaine,
Bames, P . 74. under the command of John lord d'Arcy, he declared his refolution not to
leave it until he had either reduced it, or battle fhould be offered him by
e. a6. the Scots £. As we have no account of affaults made, or engines employed

Buchan, l. 9. by tne Englifh in this fiege, it feems to have been a ftrait blockade by fea and
land, whereby all fupply of provifions was cut off. The befieged endeavoured
to drive off their enemies, or to force paffages through them, by many
vigorous fallies: They made a fuccefsful affault upon the Englifh fleet; a
great part of which, it is related, they burnt or funk. In this action Sir Wil-
liam Seton, the baftard fon of Sir Alexander Seton, was drowned, by failing
in a leap he made from one veffe! towards another ; and in a fally by land, one
of Sir Alexander's legitimate fons was taken priloner. The garrifon cherifhed
the hope, that, after fo long a defence, their countrymen would not fuffer them,
with the town and caftle, efieemed the chief key of the kingdom, to fall into
the hands of their enemies. To thefe hopes correfironded the withes and
endeavours of all good Scotchmen ; fo that lord Archibald Douglas found
it eafy to collect a very numerous army from the different corners of Scotland,
led by their gallant nobles and chieftains, and full of ardor to defend their
native country and repel its formidable invaders. This army lord Douglas led

X The king's head quarters, during the (lege of Berwick, as appears from the dates of feveral
papers, were at Tweedmouih. If we are to judge of the continuance ol his expedition into Scotland,
by the longeft interval in the dates of thefe papers, it was not more than eighteen days, viz. from
the 8th to the 26th of June. FroifTard, who is the chief authority for this expedition, gives a very
erroneous account of the tranfa&ions of this period. He fays, for inftance, that kirjg Edward was
fix months in Scotland: and, what is llrange, he relates the taking of Berwick, which he corrupts
into Warwick, without faying a word of the famous battle of Haledon-HilJ. Froiflard, vol. i.
C. 26, 27.

6 to

c. 12.

ENGLAND AND SCOTLAND. 3 o 5

to the neighbourhood of Berwick : but inftead of attacking the army of ""'<* Brm,
England, that lay before that place, he crofled the Tweed, and, in fight of the f ,of ^'"^
town, marched along the coaft towards the caftle of Bamburgh ; which being "7JJT"
efteemed impregnable, was cholen by the king of England as a fecure refi-
dence for his queen. The Scottilh army confumed fome days in blocking up Wairmeham, ■•
that fortrefs, and in ravaging the adjacent parts of Northumberland ; hoping v««*5jTjirtU,
that Edward's folicitude for his queen, and defire to hinder the deftruction of
a very fertile fpot of his kingdom, would make him abandon the fiege of
Berwick.

But the temper and character of the Englifh lords, and their fovereign, dif-
fered much from what they had been in the former fiege of that place in
13 1 8, which had been raifed by a fimilar plan of proceeding. And the gar-
riibn beginning now to feel a icarcity of provisions, entered into a treaty of
capitulation with the king of England •, which he granted the more readily,
as one of its articles gave him, what he ardently wilhed, the agreeable hopes
of an engagement with the Scottifh army. This capitulation was concluded
on the 15th of July *. The principal conditions were, that both the town and Rym 6 ™ L ™/

caftle s*7. 56s.

* The indentuies of this capitulation, betwixt Edward king of England and Patrick de Dun-
barre earl of March, governor of the C3ille, and Sir William Keith governor of the town, were
■fubferibed, the firmer on Thurfday the 15th, and the latter on Friday the 1 6th of July. The
names of the hoftages delivered to Edward, from the callle and town, for the performance of the
capitulation, were Edward de Letham, John de Fiuz, and John de Hoom.

The Scottifh hiltorians, Boece and Luchanan, relate a barbarous action committed by Edward at
this time, in ordering two of Sir Alexander Seton's fons to be hanged, contrary to the expiels con-
ditions of a treaty.

After the fiege of Berwick, fay thefe hifioiians, had been continued fo long as to reduce the gar- »„ eee ,
rifon to considerable ftraits, a truce was concluded for a certain number of days ; on condition that «ja, '
if within that time the town and caftle were not relieved by the Scottifh army, they mould both Buchan, I, 9,
furrender to the Englifh king. Hoftages were given by the Scots for fecurity of their performing c - '3'
this agreement, one of whom was Sir Alexander Seton's eldeft fon ; and liberty was granted by
Edward to Sir William Keith, to inform lord Douglas, the guardian of Scotland, of the prefent
fituation of the place. But foon after the concluficn of this treaty, Edward, apprehending from the
approach of the Scottifh army, that he would be robbed of ihe (o much defired prey, now almoft
within his grafp, required Sir Alexander Seton, who, the above-named authors relate, was gover-
nor of the ton n (a), immediately to furrender the place; threatening, ifherefufed, to hang his
eldeft fon Thomas, whom he had received as an holtage, and alfo his fecond fon Alexander, whom
he had formerly taken prifoner. Seton remonftrated, that the day agieed on was not yet arrived,
and complained vehemently of fo grofs a violation of faith; but Edward, ngardlels of his com-
plaints, ordered a gibbet to be erected, in full view of the town, and both his fons to be led forth to
execution. Thefe hiftorians farther add, and this part of their rtory they are at great pains to
adorn, that in the fore ftruggle which fo woeful a fpectacle excited in the breaft of the parenr, fond-
rels for his offspring was like to have prevailed over patriotifm and honour; but that his lady in
time interpofed, and by her powerful and fpiriied exhortations, and at lalt by hurrying him away
from the view of the horrid fcene, faved her hufband the fhame of betraying the truit repofed in
him by his country. The unrelenting king, however, both auihors affirm, proceeded in his cruel
purpofe, and Seton's two fons were hanged. The Englifh hiftorians, almoft without exception,
reject this ftory as a malicious fable, invented to afperfe the character of their favourite monarch.
Indeed the behaviour afcribed to Edward, in the above relation, is fo unworthy of him, that it is
altogether undeferving of credit.

(«) It is probable that Seton W3S deputy governor, or next in command to Keith.

R r Tyre!!,

2 o6 THE BORDER-H1STORY OF

Edward in. caftle fhould be delivered to Edward on the 20th of the above-mentioned
^J ° _" g ia I month, if not relieved before that time with two hundred men at arms from
1333. the Scottifh army, or by a battle; that in the interval there fhould be' a
ceffation of arms on both fides ■, that in the event of a furrender, the lives of
the garrifon and inhabitants fhould be preferved, and their properties fecured ;
and to fuch as inclined to leave the town, liberty fhould be granted to depart,
and forty days allowed them to difpofe of their effects, Leave was alfo given
to the garrifon of the town to fend Sir William Keith their governor to inform
lord Douglas of this capitulation, and the other circumftances of their prefent
fituation.
Ford.v. ii.c.27. Agreeably to this treaty Sir William Keith repaired without delay to the
Walfmg. Scottifh army •, and the entreaties he employed, together with the reprefen-

tation he gave of the fuperiority of the forces of his countrymen to thofe of
England, concurring with the martial ardour of the guardian, a refolution was
formed, contrary to the opinion of many of the Scottifh nobles, of attempting
to relieve Berwick by a battle, before the time appointed for its furrender.
On the 1 8th of July, the day before the engagement, lord Douglas led his
army over the Tweed, and encamped at a place called Dunfepark or Bothul ;
whence he advanced towards the Englilh, whole army was drawn up on

Chron. Lantr- Tyrell, a candid and induftrious compiler of Englilh hiftory, gives, from two manufcripts, which

coil & Scala, j^ j- & y S are f f u ffi c j ent authority, an account of a tranfaflion between Edward and Seton, which,
y " ' vo ' ' though it does not clear the king of the charge of cruelty, yet throws the perfidy wholly on the
Scottifh commander. According to this account, when the truce concluded on the terms related by
Boece and Buchanan expired, Edward immediately fummoned the befieged to fuirender; Seton
anfwered, that he could not yield the place, as he expected in a very few days to be relieved by his
countrymen : the king infilled loudly on the exprefs terms of the truce, by which he was obliged
to furrender without farther delay : Seton ftill refufed, and even attempted to evade and exp ain
away the articles of the truce; at this the king was fo incenfed, that, by the advice of his
council, he caufed one of his fons to be hanged up in his fight. The execution of \oung Seton,
which was certainly a very harfh meafure, is faid to have induced thofe in the town, who had given
their fons for hoftages, earneftly to folicit new terms from the king, who confenied to a prolongation
of the truce for eight days more ; within which time, if they were not relieved by the juntlion at Jeail
of two hundred men at arms, they were to deliver up the town and caftle without farther delay.

This account of the affair however is attended with difficulties; it cannot well be fuppofed, after
fo fevere a ftep as the execution of Seton's fon, that either the king or the garrifon would be in a
difpolition to treat. Befidef, the above relation difagrees with the retord. The names of the hoftages
delivered to Edward for the fulfilment of the treaty of capitulation are there mentioned ; Seton's Ion
is none of them. But if we fuppofe there was a former treaty of furrender, for ihe obfervation of
which young Seton might have been a holtage, and might have fufFciec, and that the prorogation
of the truce mentioned by Tyrell is the fame with the treaty of capitulation taken notice of in the
text, one would think in that capitulation, if it was only a prorogation of a former tieaty, the
former treaty itfelf would have been referred to.

But after all, it is probable there is fome truth in this ftory, and that a fon of Seton was really
executed by order of Edward, though the precife circumftances of it cannot now. be alcertained.
For, befides the relations of this affair by the authors above-mentioned, Fordun, a writer dtfervrng
credit, informs us, that Edward commanded a gibbet to be erecled, and Seton's fon Thomas to be
Tord. vol. ii. hanged in fight of both his parents; but agrees with Tyrell'b auihoiitics, that this execution did not
i. 1 j. c. 2S1 M k e p] ace unt ii t h e t j me fi xec ] U p 0n f or cne furrender of the town expired. That fuch an execution
actually happened, is farther confirmed by a tradition that has continued in Berwick down to this
day: the very place of it, on the fouth fide of the river, a little above the bridge, we!l agreeing
with the account given by hiflorians, of its being full in view of the ramparts of the town, is ltill
pointed out, and is vulgarly called by a name derived from that event. (Knng a Dyke Nook.)

Haledon

ENGLAND AND SCOTLAND:

Haledon hill, a very confiderable eminence on the weft of the town, rifing
by a gradual acclivity from the banks of the river, and on the other fide and
weft end, having a fhorter but deeper afcentr, this eminence, commanding the
proipect of all the approaches to Berwick, afforded, from its fuperior height,
a very advantageous pofition for attacking an army approaching the town on
the fide of Scotland. Notwithstanding this manifeft disadvantage, the Scots
efteemed it prudent to fight in their country, for the fake of a more fecure
retreat if the battle fhould prove adverfe ; and perhaps they intended, on the
oppofite event, to make the flight of the Englifh impoffible, by delaying their
attack until the time of full tide in the Tweed; which rendered the river un-
paflable, and which, on that day, happened at mid-afternoon.

Two Englifh writers give a very particular account of the difpofition of the
Scottifh army into four great bodies or battles, and of the men of diftinguiflied
authority in each of thele. At the head of the firft battle was John Murray,
in room of John Randolph earl of Murray ; the principal of his attendants
were lord Andrew Frafer, with his two brothers Simon and James. The
fecond divifion was led on by Robert lord high fteward of Scotland ; along
with him were the principal men of his kindred, and the earl of Monteith.
At the head of the third divifion were, the earls of Rofs, Sutherland, and
Strathern : and the fourth was conducted by lord Archibald Douglas, guardian
of the kingdom of Scotland, and commander in chief, accompanied by the
earls of Lennox and Carrick. The feveral bodies that compofed the Scottifh
army are faid to have amounted in the whole to about fixty-eight thoufand
men •, a far greater number than was ever ufual for the Scots to bring into the
field, and very unlikely to be at this time near fo great, when one confiders
the loffes they had luftained by Baliol's victories in the preceding year. We
have no certain account of the number of Edward's army : the Englifh
writers reprefent it as greatly inferior in that refpedt to the Scottifh ; and that
Edward was, upon this account, under a necefTity of availing himfelf of the
advantageous fituation he had occupied. But when it is confidered, that
Edward marched northwards in the beginning of the feafon, with all the forces
of England, that he had lately received a reinforcement of his Irifh and Gaf-
con fubjects, and that no mention is made of any confiderable lofs having
been fuftained by him, either in the courfe of the (lege, or in his expedition
into Scotland, it feems moft likely, that the Scotch authors ought rather to be
credited, in affirming that their countrymen were much inferior in number to
the Englifh -j-. Edward, and Baliol king of Scotland, having drawn out all
their forces into the field, dil'pofed them into four bodies of foot, in order to
receive, and repel the attack of the like number of battalions of their enemies :

307

David Brus,
K. o( Scotland.

313-

Barnes's HifK
Edw. III. p. 7 J,

MS.C.C.C.Ap,
Barnes, p. j*.
Knighton, p.

2564.

t Edward, in his letter to the prelates, requiring the offering up of publick thanks, though he
fpeaks of the Scottith army being very numerous, yet mentions not the inferiority of numbers on his
own fide, which if confiderable, he would fcarce have failed to have noticed. Rym. vol. iv. p. 568.
There is alfo an order, dated at Newcaflle Augult 4th, which ihews, that the king had remitted
profecutions and outlawries againft thofe who ferved him faithfully in his late war with Scotland ;
the promife of this would bring in a great number to ferve the king, and the granting of fuch a
privilege fhews the great defire he had to increafe his numbers. Rym, ib. 573.

R r 2 each

Fordun.
Boece.

Buchanan.

3 o8 THE BORDER- HISTORY OF

Edwjrdin. cacli of thefe bodies were winged with bands of choice and fkilful archers J.

K. of England. y^^ ^ ot ^ f ]( j es we re ready to engage, the fhock of battle was a while fuf-

1333. pended by the appearance of a Scotchman of gigantic ftature, who had ac-

srRicb P ariB '- c l u ' ret i tne name of Tarnbull, on account of a brave exploit he had performed,

ker, inhisac- in laving king Robert Brus from being gored to death by a wild bull, which

count of men of ] iac j oveVthrown him while he was hunting. Attended by a great maftiff,

n-'te in king t o vo_'

Edward^ tin-.e. Tumbull approached the Englifh army, and challenged any perlon in it to
come forth, and tight a lingle combat with him. After a fhort paufe of
alio nifh men t, the challenge was accepted by Sir Robert Benhale, a young
Norfolk knight, inferior to the Scot in ftature, but of great bodily ftrength,
and yielding to none in military addreis. The maftiff flying out againrt Ben-
hale, the brave knight brought a heavy blow upon its loins, and feparated its
hinder legs from the reft of its body; and, encountering immediately with
Turnbull, he eluded by his addrefs and agility the blows aimed at him, and
firft cut off the left arm, and then the head of his adverfary.

ms.c.c.c. Ap. Notwithstanding this unfavourable beginning, and the great advantage of

Bames, F . 79. the ground poffefled by the Englifh, the Scottifh army made a vigorous efforc
to afcend the hill, and to come to blows with their enemies. To make the
danger equal, the leaders, chieftains, and men at arms, having left their
horfes to the care of their valets, advanced all to the combat on foot. Bus
the Englifh archers, from the different parts of the hill on which they were

Kn; s hton. fkilfully ftationed, poured fuch fhowers of arrows on the dole batallions of

their enemies, as were not to be borne. The Scots, by this means thrown
into confufion, were attacked by the Englifh fpearmen and men at arms,
while dilpirited and breathlefs by climbing up the bill, and a great flaughter
begun. Yet the Scots ftill rallied, and fiercely maintained the battle, until
the general fell, being ftruck through with a fpear : after which a total rout
and terrible deftruclion enfued. The valets ard pages who had the charge of
the horfes, rode off with them at full Ipeed, attentive only to their own
lafety, and leaving their matters a helplefs prey to their enemies. Thole who
attempted to fly on foot were overtaken by the Englifh men at arms, who now
mounted their horfes for the purfuit, and deftroyed their adverfaries without;
mercy •, little or no quarter being given. Many, who faced about fingly, or
in final! bodies, were every where overpowered by fuperior numbers of vic-
torious foes. Edward, at the head of a choice brigade of cavalry and archers
on horieback, attended by lord D'Arcy, with the troops he brought from
Ireland, led on the chace and directed the (laughter. The purfuit was con-
tinued five miles from the field of battle. The Englifh hiftorians relate, than
the Scots loft, on this fatal day, eight earls, ninety knights and bannerets,
four hundred efquires, and thirty-five thoufand private men. It may be juftly
doubted whether the whole number of the Scottifh army was fo great. The
Scottifh writers acknowledge the lofs of ten thoufand men. Boece makes
them amount to fourteen thoufand. The chief of the flain were, the general

J One of Leland's authors lays, that the Scots in this battle were vanquifhed by the archers of
the Englifh, in a place called Bothul, nigh Haledon, and not far from Berwick. LeU ColL,
i. zzo.

7 himfelfj

ENGLAND AND SCOTLAND.

3°}

himfelf, after giving ftriking proofs of unavailing bravery *, the earls of Rofs, . Dav!d Brus -
Sutherland, Carrick, Athol, Lennox, and Monteith, three Stewarts, uncles of , '' '"" ""'.
Robert the lord high fteward, three Frafers, Sir John Graham, Sir Duncan ins-
Camp;. ell, and Sir William Tudway. Some confiderable perlbns were alfo
taken prifoners ; among whom was Sir William Keith governor of the town of
Berwick f : and all thele Boece fays, were, by Edward's order, put to death on
the morning of the day after the battle : a circumltance fo improbable, and
fo injurious to Edward, as to require much better authority for verifying it
than that of Boece •, befides, it is an undoubted fact, that fome of thele very
perlbns were alive long after this engagement. The lofs of the Englifh in
this remarkable battle was very inconliderable •, but their hiftorians diminilh it
beyond all probable bounds, in relating, thaf on their fide fell only one knight,
one efquire, and twelve or thirteen footmen J.

On the day after the battle, the caftle and town of Berwick were furrendered
ro the victorious king, who faithfully obferved the articles of capitulation.
Edward if aid fome davs in Berwick to refrefh himfelf and his army after their Rym.tom.
lte fatigues-, from thence he iffued orders to all the archbifhops and bifhops p ' 5 ,'j" ,
of his dominions, to caufe public thanks to be every where rendered to Heaven ii>. 571.
for his late fucceffes. Asa farther monument of pious gratitude, by the
advice and affent of the prelates and nobles at that time attending him, he
made a donation for himfelf and fucceflbrs of 20 /. a-year to the Ciftertian nuns,
whole convent was fituated in the neighbourhood of the field of battle. The
conventual church and other houfes of thele nuns, which had been burnt and
deiboyed in the courfe of the war, were ordered to be repaired and rebuilt at
the king's expence, and a new altar to be erected in their church in honour of
the virgin St. Margaret, on whofe eve the battle was fought; at which altar
folemn offices were appointed to be performed, in grateful remembrance of
the victory, and in honour of the virgin on her eve and day, through all
fucceeding times. To thefe demonftrations of pious gratitude, the young Wait. Hi*.
king is laid to have added, on his leaving Berwick, a progrefs to feveral of p I!4-
the molt celebrated fanctuaries of his kingdom, to offer up his charities and
devotions ; thus affecting, like molt other conquerors, to draw Heaven to his
party, and to regard the fuccefs accompanying the moftunjuft enterpriies, as a
proof of the peculiar favour of the Deity.

Edward, before he left Berwick, received the fealty of Patrick earl of Kn; ?', l ; ,ri
March and Dunbar, and gave him letters of protection for his perlbn and Bo««, 1.1$.
poffeffions ; but appointed him to rebuild, at his own expence, his caftle of p-3' 6 -
Dunbar, and to admit into it an Englifh garrifon. This fortrefs the earl had
demolifhed from defpair of being able to defend it, and to prevent Edward

• The fpot where lord Douglas was flair), is flilt known by the name of Douglas Dyke.

-J- The other prifoners of dittin&ion were, Sir William Douglas, Sir Robert Kirkpatrick, Sir
William Campbell, Sir Gilbert Wifeman, Sir Alexander Graham, and Sir Oliver Sinclair.

J Edward in the orders for a public thankfgiving, mentioned in a preceding note, fays, that tha
battle was gained without much lofs on his fide (ab/que laftone magna gentis m.Jlra) . This
expreflion however, feems to import a greater number than that mentioned above. Kym. t. iv.
p. 568.

from

310

Edward III.
K, of England.

'353-.
Rym. tore. iv.

p. S7°'
Barnes, p. 80.

Knyglvon,,
p. 25C4.
Rym. torn. IV,
p. 5 Si.

Augufl 10.
Knighton,
p. 2565.

Ford. v. ii. c, 28

Fabian, ap.
Barnes, 81.
Froifi'ard, c. 33.

Waif: and M. S.
ap. Barnes, p. 82.

Pugdale, as
quoted by
Barnes, p. 82.

Rymer.iv, 595.
Barnes, ib.

Holingfhed,
Eng. Cbron.

p. S96.

THE BORDER- HISTORY OF

from feizing it and making it a place of ftrength. The like fealty was
rendered by feveral perfons within and without the town of Berwick *, and by
the convents in the adjacent country f . Edward refolving to retain Berwick
as his property by conqueft and inheritance, as well as by the grant of Baliol,
appointed the lord Henry Percy governor of the cattle J, and gave a com-
miffion to him and the eari of March, to act as joint wardens of all the
country on this fide the Scottifh fea, which he had received to his peace. He
required alfo, for fecuring the town of Berwick in his allegiance, twelve
holtages to be chofen out of the children of the men of beft rank and credit
in the place, eight of whom were fent to Newcastle and four to York.

Soon after the battle of Halidon-hill, Edward Baliol led into Scotland an
army of 26,000 men, confuting of the Englifh who had become followers of
his fortune, and the Scots who had fubmitted to him: and fuch was the
weaknels and general confternation of king David Brus's party, that no
refiftance was made to Baliol, and the whole kingdom was reduced, excepting
the caftles of Dunbarton, Lochleven, Kildromy, Urquhart, and Louchdoun.
From the firft mentioned ftrong fortrefs, the young king, now (tripped of his
kingdom, was, together with his queen, about this time conveyed to France §,
where king Philip received and entertained them in the molt humane and
generous manner.

After Michaelmas, Edward Baliol held his parliament at Perth, where the
Encrlifiimen who claimed lands as their inheritance in Scotland, came and did
homage to him for thefe lands, as others did lor lands now granted them in
reward of their fervices. The lord Henry Beaumont, David Strathbolgi earl
of Athol, and lord Richard Talbot, had reftored and confirmed to them the
extenlive pofieffions of the Cumins of Buchan and Badenoch ||. The lord
Henry Percy obtained a grant of the peel or fortrefs of Lochmaban, with
the vallies of Annand.Je and Moffatdale ; all which were parts of the eftate of
the late famous Randolph earl of Murray. Strathern was granted to the earl
of Surrey, in recompence of his labours and expences in the Scottifh war;
and Ralph lord Neville of Raby, lord John Moubray, and Sir Edward Bohun,
brother to John earl of Hereford, had lands beftowed on them for their
eminent fervices to Baliol. This parliament is faid to have revoked and
annulled all acts and ordinances made by the kings Robert and David, and to
have declared void all their grants of lands and poffeffions, and to have
ordained thefe to be reftored to their former rightful inheritors. The lord
Henry Percy, and Ralph Neville fteward of the king's houiehold, with two

* The Scottifh writers, Boece and Buchanan, fay, that allegiance was fworn to Edward by fir
Alexander Seton, whom they always mention as governor of the to.vn. Perhaps Sir William Keith
the governor, fvvore this allegiance. Knighton fays, Sir Alexander Ramfay and Sir Robert Miners
took an oath of fealty to Edward.

■f Namely, of Melrofs, Kelfo, Coldftream, Eccles, and Coldingham ; to all which the like
prote&ions were alfo given. Rym. ib.

J Sir Thomas Grey was appointed his lieutenant. Dugd.

§ By Malcolm Fleming of Cumbernauld, governor of the caflle of Dunbarton.

|| See the ground of their claims to thefe eftates above, p. 295,'

others,

ENGLAND AND SCOTLAND. 3 u

others*, were deputed by the king of England to attend this Scottifh parlia- David Bm.,
ment, in order to feek and profecute the approbation, confirmation, and ful- . '" B ""V^
filment of the conventions between the king of England and his coulin the 1333-
lord Edward Baliol king of Scotland, and farther to do what ought to be R y m - lb '5" 6 «
done in the premifes by or for their matter the king of England.

It doth not appear what hindered the fcttlement of affairs between the a. d. 1334.
fovereign and vafial kings in Baliol's firft parliament at Perth ; but it is certain,
things were not finifhed until a new Scottifh parliament met at Edinburgh, in
the chapel of Holyrood-houfe in February. To attend this, a commiffion, in R ym . tom. w,
the fame terms with the former, was given to five perfans, of whom the lords f- s88 -
Percy and Neville were ftill two, but thofe conjoined with them were men of
greater names and eminence than their partners in the former commiffion ; the
three latter were, Edward de Bohun coufin to the king, William de Montague
lord of Man, and Geffrey le Scrop chief juftice of England f. By virtue of
this commiffion Geffrey le Scrop appeared at the bar of the parliament, and
publickly required Baliol to perform and ratify all former promifes and con-
tracts, which he had come under to his fovereign lord Edward king of Eng-
land. To this requifition Edward Baliol readily gave hisconfent; and four ■&, . g0i s9r _
writs were drawn up, and received the fancftion of the vaffal king and his 59«» 593« 59*-
parliament. By the firft, Baliol was obliged to pay to Edward 2000/. per ami,
as due for the aids granted to affift him in recovering his inheritance. In the
fecond, he was bound to accompany him in his wars with the forces of Scot-
land. In the third, he declared and attefted the homage paid by him to
Edward for the Scottifh kingdom. And in the fourth, he alienated the town,
caflle, and county of Berwick, thenceforth to be enjoyed by the king of
England and his heirs, feparate from Scotland, and perpetually annexed and R ; mt0[ n-'^
united to, and incorporated with, the royal dignity of the crown and kingdom
of England.

As Edward Baliol's exaltation to the throne of Scotland, was wholly the
work of the king of England and fome of his nobles, actuated by the views
of private intereft and ambition, he foon began to find himfelf treated by them
as their creature and tool. An inftance of this appeared foon after the break-
ing up of the parliament, whofe proceedings we have been relating. The
friends, or as the king of England calls them, the accomplices of Malis earl
of Strathern, folicited Baliol to reverfe his forfeiture, and to reftore to him
his earldom, which Baliol had beftowed on John de Warrene earl of Surrey.
Thefe folicitations being likely to prove fuccefsful, the king of England, Rym. ib, 595,
importuned no doubt by the earl of Surrey, wrote to Baliol a letter in a S9 '
menacing ftrain, admonifhing him not precipitately to undo in his profperity,
what he had granted to the well-deferving in his adverfity, left the earl of
Surrey, and others in the like circumftances, fhould be obliged to think of
another remedy. He alfo wrote to lord Henry Beaumont, as the perfon who
was entitled to the greateft influence with Baliol, and to whom he principally

• William de Sharefhall and Thomas de Baumburgh.

\ Two notaries were alfo fent, to make an authentic record of the tranfafiions between the kings
in this parliament. Rym. ib.

3 owed

312 THE BORDER- HISTORY OF

Edward m. owed his crown, to oppofe the proceedings in favour of the forfeited earl, as
k. o» England, ^ino- of bad example and dangerous, not only to the earl of Surrey but alfo
' i;jj. to lord Beaumont himfelf, and to other Englishmen who had obtained the like
rewards in Scotland

The king of England, while thus careful of the interefts of his fubjects in
Scotland, was not forgetful of his own. Having come to Newcaftle in June,
he did there, in quality of lbvereign lord of Scotland, receive in a publick and
fulemn manner, Edward BalioPs homage and fealty: and there alfo, Baliol, -as
a recompence for the infinite expences and labours of Edward in recovering
RVm. w. 6*5, and restoring to him his inheritance, gave his letters patent to the Englifh
6l6, kinf*, affirming and alienating to him two thoufand pounds yearly of lands and

rents on the borders, where it lhould beft pleafe him. In part of this iooo /.
he granted to him the caftle, town, and county of Berwick upon Tweed,
with their appurtenances, to be annexed to the crown of England for ever.
And to make full latisfaction for the remainder of the faid 2000/. of annual
revenue, he granted and affigned by the fame deed, the town, caftle, and
county of Roxburgh •, the town, caftk, and foreft of Jedburgh •, the town
and caft!e of Selkirk and Ettrick ; the town, caftle, and county of Edin-
burgh ; the conftaoulanes of Haddington and Linlithgow •, the town and
county of Peebles •, and the town, county, and caftle of Dumfries ; all to be
held fcparate from the crown of Scotland, and annexed to and incorporated
with the crown of England for ever. It is affirmed in this deed, that all theie
extenfive ali. nations were made by the affirnt or all the orders -of the Scottifh
Bym. ib. 617, kingdom affembled in parliament. Three days after this very extenfive ceffion
ol«Baliol to Edward, the Englifh monarch appointed fix different perfons to
take full feifin from the king of Scotland, or any deputed by him, of the
above counties with their towns, caftles, and forefts •, and to be reflectively
the fheriffs and keepers of thefe during the king's pleafure, with orders to
anlwer for all iiTues and profits of their offices, and to deliver the money
arifincr from thence to the king's chamberlain, with a refervation of fuch fees
to themfelves, as other fheriffs and keepers of caftles had been wont to receive.
Tohn de Bourdon, the king's belov.d clerk*, was conftituted chamberlain or
chief officer of the revenue for the town and county of Berwick, and for all
the counties and lands acquired by the ceffion of Baliol above defcribed. And
the chief magiftracy of the fame country, for adminiftering juftice according to
the law and cuftom of the kingdom of Scotland, was conferred on Robert
Lowedre, with the title of jufticiary of Laudonia, and having a power to
fubftitute a deputy.

In the grant made by Baliol to the king of Fngland of all that belonged to
him in the town, country, and caftle of Dumfries, no refervation had oeen
made of certain land^ that the former poffeffed there, not as the inheritance of
the king of Scotland, but as his own private eftate belonging to the family of
Baliol f. By this neglect Edward might have claimed thele lands, but upon

• 80 called in the writ of appointment.

+ The lands of Botel, Kenmore, and Kirkandres,

the

Aber

ENGLAND AND SCOTLAND. 3 ^

the miffake being reprefentcd to him, he gave his letters patent to the king of D «MBru»,
Scotland, declaring tlur, exclusive of thefe lands, he had, by the alienations \JJL^!_TJ
above named, received the full amount of the itipulated zooo I. per aim. and "334.
that from his regard to God, and right, and good faith, he granted the above j^V™
faid lands to be itill held by Baliol, notwithstanding the general grant of the
latter, upon which the king of England might have claimed them.

Edward Baliol appears in almoft every part of his hiftory, fo mere a tool of
the king and nobles of England, that it is difficult to difcover his own real
character. We cannot therefore well judge whether it proceeded from peculiar
favour which Baliol bore to Sir Alexander Moubray, or from the love of
juflice and a fenfe of his real dignity, obliging him to fupport a righteous
caufe, that he efpoufed the interelt of Moubray againil men fo great and
powerful, and to whom he had been fo much obliged, as the lord Henry
Beaumonr, David earl of Athol, and the lord Richard Talbot. Whatever B >*«-.
was his motive, Baliol gave a fentence in parliament in favour of Moubray Bucn.
againft lord Henry Beaumont, in regard to certain lands held by the former in
right of his wife, and claimed by the latter. The earl of Athol and lord
Richard Talbot fupported the claim of Beaumont, their friend and near ally *,
in this litigation with great warmth. Hence arofe, only about two months
after Edward had completed his fettlement of every thing with his vaffal king,
fuch dilcontent and refentment, that the offended lords retired from Baliol's
court-, Beaumont to his earldom of Buchan, in which county were the lands,
or part of them, claimed by Moubray, where he fortified his cattle of Dundarg,
and reduced to his obedience the adjacent country. David de Strathbolgi
removed to the hills and fortrefies of his Itrong and extenfive country of Athol ;
and lord Richard Talbot chofe to make his retreat to England : on the road
in Laudonia, he was intercepted by a party of thofe attached to king David,
eager to embrace the very firft. favourable opportunity given them by the Ford'.v.'ii. 1.
difcords of their foes; and after a fierce encounter, wherein fix knights of c-2 ^
Talbot's retinue were flain, he was himfelf taken and carried to the caltle of
Dunbarton, where he remained a prilbner until the following fpring, when he p.639.
paid a high ranfom for his liberty.

Edward Baliol, not thinking himfelf fafe in his own kingdom, after being l. "^ n '
deferted by men of fuch power and influence, retired to Berwick. To
regain the iriendihip of the offended lords, he agreed to revoke the judgment
in favour of Moubray, and to admit Beaumont's right to the contefted lands.
This incenfed Moubray, who, like the lords above-mentioned, indulging Knighton,
fierce refentment, without refpedt. to duty or former attachments, immediately
changed his party, and broke out into open rebellion; acting in the ffri&eil:
concert with Sir Andrew Murray, the late regent of Scotland for David Bruce,
who, about the time of the events above-related, was, by paying a great ranfom,
freed from his captivity in England. With thefe powerful chieftains, alfo
afibciated Geffrey de Moubray, who had been appointed by the king of Eng- Rymer.

• The earl of Athol, as wasobfeived before, married Beaumont's daughter, and his mother was
filler to Talbot's wife. See above, p, 295.

S f land

Buchan.

Edward HI.
K. of England.
»■ 1

«334-

Tyrell, torn. iii.
p.' 364.

Knighton,
t . 2565.
Waif. ap.
Tyrell, torn, iii,
p. 3S4.
Bochan. 1, 9.
c. 19.

Tyrrell, from a
Record, vol, iii
p ; 384.

A. D. 1335.
Waif. Chron.
l,an. ap.
Tyrrel, »ol, iii.
t- 3*5-

THE BORDER-HISTORY OF

land fheriff of the county of Roxburgh, and keeper of the caftle, and was
probably provoked by being removed from both offices. This confederacy
proved more formidable and mifchievous to Baliol than that of the former
malcontents. Baliol endeavoured alfo to reconcile himfelf ft;ll more etfeclu-
ally to the earl of Athol and lord Richard Talbot, by making to the former
a grant of the great tftates of Robert high fteward of Scotland, and promifing
to pay the ranfom of the latter at his own expence. Soon after this, he levied
forces and marched to the weft of Scotland, with a defign of putting Athol in
poffeffion of the fteward's ample domains, which lay in that part of the king-
dom. Robert the high fteward, was then a minor of fifteen years of age ; he
was nephew to king David Brus, and next heir to the crown. Though his
dependents were unable to defend his caftles from the prevailing power of
Baliol, and to prevent his eftate from being over-run and plundered, yet fome
of the faithful friends of his family conveyed his perfon to a fafe retreat in the
ftrong caftle of Dumbarton.

A parliament that met at Weftminfter about Michaelmas, being informed
of the infurrection in Scotland, refolved to fupport the king in defending his
late acquifitions there: for that effect, they granted him a fupply of a fifteenth
from the lords and knights of (hires, a tenth from the clergy, and the like
fupply from the citizens and burgefTes. In confequence of this parliamentary
aid, Edward fet out on his expedition towards Scotland, and came to Berwick
early in November. For ftrengthening his new acquifitions and the Englifh
march, he there gave orders that the fortifications of the town and caftle of
Roxburgh fhould be reftored. Marching weftward from thence, and joining
his forces to thofe of Baliol, about the middle of the above-named month, he
entered Scotland by Galloway, and penetrated as far as Glafgow, laying wafte
the eftates of his enemies *. A principal obj c~t of Edward's prefent expedi-
tion into Scotland, was probably to relieve the lord Beaumont, befieged in
his caftle of Dundarg, by Sir Andrew Murray and Sir Alexander Moubray ;
but before Edward could march to his relief, he was obliged to furrender his
fortrefs, to yield himfelf a priibner, and to pay a great price for his ranfom f.
Edward finding his prefence no longer necelTary in Scotland, was returning
from this expedition towards Berwick, accompanied by his vaffal king ; but
the circUmftances of his affairs determined him to continue in the borders till
after Chriftmas J, which feftival he kept in the caftle of Roxburgh. After
the expiration of the holidays, Edward made an expedition into the foreft of
Ettrick, but without effect ; for the enemies he had expected there to meet
with had retired. He remained at Roxburgh, or in its neighbourhood, a
considerable time; but not long after his return into England, B.diol was
obliged to take refuge there by the prevailing arms of John Randolph earl of

* Walfingh m relates, that notwithflanding the advanced feafon of the year, Edward marched
into the renute!t parts of Scoiland, beyond the utmoll progrefs of the arms of his grandfather.
This is altogether improbable.

T Foidun relates, that lord Beaumont obtained a fafe-condutt for palling into England, promifi,:g
upon oath, on his return thither, to labour for re-eltabliOinient of peace. Foid. torn. ii. 1. 13. c. 29.

J About this time, Patrick earl of March, the great border chieftain, revolted from Edward and
Baliol, and retired to the Highlands to join the friends of Bruce. See Tyrell, ib.

^ M urray.

ENGLAND AND SCOTLAND. §i£

Murray. This was a new leader who came over from king David to the caftle D^MBm*.
of Dunbarton, and aflbciated himfelf in die ftrifteft manner with Robert, the
young fteward of Scotland. Robert had, a fliort time before, come forth from
the fortrefsjuft mentioned, and having been joined by Campbell of Lochow *,
and others, had great luccefs in the diftricls of his own inheritance, and the
country adjacent. Upon the arrival of Murray, numbers of the nobility and
gentry joined him and the fteward ; and to give the appearance of legal autho-
rity to their proceedings, elected thefe two noblemen joint guardians of the
kingdom. Murray went immediately to the North; and his own dependents,
and great numbers befides of king David's faithful fubjefb, flocking to his
ftandard, he marched againft the earl of Athol ; and chafing him into the
wildernefs of Lochaber, he reduced him to fuch ftraits as obliged him to fur-
render. Athol agreed to take an oath of fealty to king David ; and gave fuch
affurances of his loyalty for the future, that Murray intruded him with the
lieutenancy of the North. From thence Murray Jed his forces into the pro-
vinces to the fouth of the Forth, yielded by Baliol to Edward •, and being
joined by Sir William Douglas, lately ranfomed from his captivity in England,
Sir Alexander Ramfay, called the Flower of Knighthood, and other gallant
men, foon grew lb formidable as to oblige Baliol again to retire into Eng-
land +.

In the beginning of April, Edward, at the requeft of the French king, by R ym . ir. 640.
his envoys then in England, granted the Scots of David Brus's party a truce
from the enfuing Eafler until Midiummer : and during this interval, an En- Barnes, p. 94,
glifh parliament met at York, to give aid and advice about the war with Scot-
land. The earl of Murray and the fteward of Scotland convoked alfo in Ford. vol. ;i.
April a general council, or parliament, of the friends of king David at Dar- 1,l 3 ,c> 3+-
wefy. The earl of Athol came to that meeting, attended with a numerous
retinue of his dependents, and was very "formidable. He treated with great
indignity the earl of Murray, and Sir William Douglas £, who, however, had
circumfpection enough to avoid his fnares. But by his infinuating arts, he
had gained fuch an afcendant over the young fteward, as rendered all the pro-
ceedings of that affembly ineffectual §.

Edward,

• The anceftor of the family of Argyle.

f Edward Baliol, with his forces, had retreated into England before the 6th of March. This
appears fiom a licenfe of the above date, granted by the king of England to Edward Baliol, to
have a conftable and marfhal in his armv frihe punifhment of offences. Baliol and his army being
then in England. Rymer, vol. iv. p. 636, 637.

See a different account of thefe tranfaftions in Tyrell, vol. iii. p. 385, from Chr. Lanercoft.

J Againfl the latter of thefe, Fordun relates, he had a particular fpight ; and had protracted his
captivity in England, by doing all in his power to prevent his being ranfomed. Ford. 1. 9. c. 33.

§ In the time of the truce above-mentioned, the caftle of Lochlevin was befieged by Sir John
Sterling, one of Baliol's principal officers. After he lnd continued before it fome time, and found
his endeavours to make himfelf mailer of it ineffectual, he had recourfe to the following ftratagem.
As the caftle Hood upon a lake, from whence iffues the river Leven, by erecting a great bank, he
dammed up the river ; expecting the fortrefs would foon be overflowed by the fwelling of the water
in the lake. The contrivance was excellent, and probably would have (ucceeded ; but the greatefl
part of the befiegers, from a fit of devotion, repairing to an anniverfary folemnky of St. Margaret at
Dunfermling. the garrifon feizing the opportunity of their abfence, fallied forth, and after having

S f 2 defeated

3 i6 THE BORDER-HISTORY OF

Edward m, Edward, animated by a ftrong refentment againft the Scots, for almoft

._^ " SJ " '. wholly fruitrating his wonderful pall fuccefles, and determined to complete
1335- the reduction of that kingdom, employed the interval of truce in making great
R V m. vol. !v. preparations for a new expedition into Scotland. Not content with the forces
6*». 6 5 i. 654. f gjjjg-Japj^ an d thofe of Baliol's party in Scotland, he called for the affiftance
of the prelates and chiefs of Ireland, and fummoned the latter to attend him
in perfon in this war. He received fome auxiliaries from Flanders, under the
command of the earls of Juliers and Namur ; the former of whom had married
the filter of queen Philippa. Henry count of Montbellegarde came alio to his
aid from Burgundy.
Holing. f. 898. About Midfummer, the truce being near expired, Edward came with his
army to Newcattle, where he was attended by Baliol-, and there it was 3greed,
that while the Englifh monarch invaded Scotland by Carlifle, the Scottilh
Ford.voi.H.1.13. prince mould enter it on the other fide by Berwick. And on the 6th of July,
■• »•»■ live days before the land armies moved from the places above-mentioned, the

Englifh fleet entered the Firth of Forth. The arrival of the fleet before the
army perhaps arofe from the prudent precaution of fecuring the neceflary
provisions for the latter ; the failure of which had often proved fatal to the
Holing. Eng. fuccefs of the like expeditions. On the nth, Baliol marched from Berwick
chrj». p. 898. w ith an army, in which the chief perlbns were the Englifh barons, on whom
he had beftowed lands in Scotland. He had alfo under his command a body
of Welchmen, given him by Edward, who ferved with great bravery, but
were accufed of many ails of barbarity. The king of England began his
Ford. march on the fame day from Carlifle. In his progrefs towards Perth, which

was appointed the chief place of rendezvous of the two armies*, fuccefsful
Kn : f i)ton,i365. praedatory excurfions were made into all the adjacent country, in which lord
Montagu diftinguifhed himlelf by his activity and fpirit; and, as his reward,
received from his matter new grants of lands and honours. From Perth both
princes marched northwards, with their reipective armies -, Baliol into the
country of the earl of Athol, where he befieged, and by taking the advantage
of an accidental fire, reduced Cambremouth, a ftrong fortreis belonging to
that chieftain. The king of England made a progrefs into the diftant parts of
the North, fubduing every place he approached, and was but little hurt by
the fudden attacks of lurking enemies; againft whom experience had taught
him to maintain a continual guard. This caution, however, was not equally
obferved every where-, for a body of five hundred archers, and other foot-
men, feeing no appearance of an enemy, and marching fecurely homewards,
were attacked, and entirely cut off, by the guardian Murray, the earl of March,
LcUno's Coil. i. and Sir William Douglas. The like temerity proved fatal to the earl of Na-
mur, who arriving _at Berwick, probably by lea, about three weeks after the
Fotdun. Scottifh king iiad fet out from thence, did not hefitate, with his gallant, though

defeated the party left to guard the works, pierced the bank, and gave vent to the river, which
inftantly rufhed forth with fuch rapidity as to overflow ihe camp of their enemies, to baffle their
fcheme, and oblige them to raife the liege with precipitation. Ford, 1. 13. c. 30. Buch. 1. 9.
c. 18.
* Leland fays, The two hods met on the Clyde. Leland, i. 555.

6 fmall

ENGLAND AND SCOTLAND. 3 i 7

fmall company, wherein were fix or feven knights, and one hundred men at DtvidBrus,
arms, to enter Scotland, apprehending no difficulty in making his way to f ' ° ^ c ^ 3 "^
Perth to join the two kings. But when he had led his forces to the nei<di- 1335.
bourhood of Edinburgh, he was from an ambufh fuddenly and molt fiercely
attacked by the earls of Murray and March. The refiftance of the brave
foreigners was not lefs vigorous than the attack of their enemies, and the for-
mer were like to prevail, when Sir William Douglas, arriving opportunely
with a brave band from Pentland Hills, turned the fcale of battle on the fide
of his countrymen. The foreigners, after great (laughter on both fides, made
a noble retreat, towards the rock on which the caftl$ of Edinburgh had flood,
that fortrefs being then in ruins. There they killed their horfes, and made a
mound of them for their defence -, but being beiet by their enemies, and in
want of all neceffaries, they furrendered prifoners of war. The earl of Mur-
ray gladly embraced the opportunity of exercifing his generofity to the vali-
ant ftrangers -, and, by his kind treatment of the count of Namur, who was
the king of France's kinfman, of making a grateful return to that monarch for
his kindnefs and liberality to his mafter king David, as well as for the regard
lhewn to himfelf when htely in France. With the confent of his afibciates in
this fuccefsful action, he fet the count of Namur and his followers at liberty,
without exacting any ranfom ; and required no other conditions of them, but
to return home, and not again to bear arms again (1 king David *. His polite-
nefs was fo great, that he and Sir William Douglas, to fecure them from all
danger, efcorted them with a force, which they efteemed fufficient, over the
Englifh border. The generofity of Murray, on this occafion, coft him very
dear. As he and his fmall party were returning from their efcorte towards
fome of their retreats, they were met by a flrong body of the enemy ; who
from the caftles on the borders f had been ravaging the lands of fome of kino-
David's faithful friends. A fierce conflict immediately enfued, wherein the
earl of Murray was taken prifoner by William de PrefTen. Sir William
Douglas had the good-fortune to efcape a fecond captivity in England, but
his brother James was (lain. The perfon of the earl of Murray was accounted
too valuable a prize to be intruded to the keeping of a man fo inconsiderable
as William de PrefTen. Edward, having afiured PrefTen of a proper compenfa-
tion, took the earl into his own cuftody, and Murray, after being detained
for fome time in the ftrong cattle of Bamburgh, was conveyed fucceffively to
the caftles of Nottingham, Windfor, and other fortrefies in the interior parts
of England ; his place of confinement being often changed, to render plots for
his efcape more difficult. The mifchievous confequences of releafing Sir
Andrew Murray, and Sir William Douglas, from their captivity in England,
probably rendered Edward more unfavourable to all conditions that were
offered to him for the ranfom of the earl of Murray, and made his captivity of
a very long duration.

* The Englilhmen that were in the company of the ear! of Namur, were detained prifoners, and
obliged to pay their ranfoms. Leland's Coll.
■{ Holinglhed fays, from the cattle of Roxburgh.

About

Rymer,

3 iS - THE BORDER. HISTORY OF

Edward in,, About Lammas, the king of England's brother, John, firnamed ofEltham,
, ' ° ng an ', earl of Cornwall, with forces from Yorkshire and Northumberland, and Sir
M35-. Anthony Lucy, who had, as jufticiary, the chief government of the king's
w."p 6 . w' territories in Scotland, with the forces of Cumberland and Weflmoreland,
waif. entered Scotland over the weftern march ; and ravaging in their progrefs all

^JTij. '"' the parts of the weftern counties, that belonged to the friends of king David,
advanced through Lennox, Menteith, and Strathern, to Perth, where they
found the king returned from his victorious progrefs through the northern
parts of Scotland. Thither, about the fame time, came five delegates, two
of whom were the Moubrais, Sir Alexander and Geffrey, to offer the fubmif-
fion of David de Strathbolgi, the earl of Athol, and of the fteward of Scot-
land, over whom Athol appears, by this tranfaftion, to have maintained the
Knighton.2565. afcendant mentioned above ; this afcendant it was the eafier for him to pre-
Murimuth. ferve, as the fteward was at that time fick. The negociation of the delegates

&t owe • ^

above-named, was fuccefsful. The kings of England and Scotland granted,
by a convention made at Perth the iSth of Auguft, That Athol, with all
Scotchmen high and low, who were willing to come to the king of England's
peace, fhould have fafety of life and limb, and of their inheritances, offices,
and pofleiTions of all kinds in Scotland, as held on the day when Edward Ba-
liol performed his homage at Newcaftle ; fuch exceptions only being made as
were agreed to by common confent ; and that all offences committed by them
in England fhould be pardoned. Thofe who held lands in England, were
alfo in the fame manner to retain them. Some particular ftipulations were
made with regard to the Englifh pofleffions of the earl of Athol, who was the
chief peribn concerned in this tranfaiftion. That he and his accomplices, how-
ever, while intent on fecuring their private claims and interefts, might not
appear to forget the general concerns of their country, one of the articles of
this convention confirmed the ancient franchifes of the Scottifh church, with
the laws of towns, burghs, and counties, as they were ufed in the time of
Alexander III. The fame article declares, That the offices of Scotland fhould
be adminiftered by men of the fame nation ; but a claufe annexed feems to
nullify this article; by declaring, that the king, by his prerogative, might
advance to fuch offices men of any country.

The great object of this convention feems to have been the fafety of the earl
of Athol ; who by his own profeffions, and the interceffions of his great friends
at the Englifh court, had the good- fortune to perfuade the king, that his accef-
lion to the party of David Bros, and all that he had done in confequence of it,
was from compulfion and the fear of death ; but that he had always been deter-
mined, as foon as that danger fhould be removed, to exert himfelf for the
king's honour and intereft : on confideration of which, the king, by a parti-
cular deed, pofterior to the above convention, ordered full reltitution to be
made to the earl of all his lands and goods in England ; which, upon account
, . of the earl's deferting to David Brus, had been forfeited and feized into the

Rym.vol. iv. . t>

p. 664, king s hands*.

* Thefe orders are given to the flierifFs of Lincolnfcire, Kent, Norfolk, Nonhumbeiland, and
to the bailiff of the liberty of Werk in Tyndale.

ENGL AND A ND SC OTL A N D. 319

It doth not appear, that any number of the friends of David took the bene- Viv '' nrus »
fit of this convention. On the contrary, maintaining luch an union as their
abject and diftreiTed circumftances allowed, and encouraged by the countenance «535«
and promifcs of the French king, who alio lent them lome lmall aids; tiiey
agreed again to obey Sir Andrew Murray of Bothwell, as their guardian, in FcrJ.

the room of his coufin the earl of Murray, now a captive in England, and de-
fended themfelves the bell way they could in their mountains, woods, and
moralTes, until the return of king Edward with part of his forces into Eng-
land encouraged them to new exploits.

That the friends of king David, with the connivance and fecret aid of the R ym . vo i.iV.
French monarch, had been about this time collecting veffels on the coaft of ?■'*!• 6 s 6,
France, for conveying aids of men and arms into Scotland, is evident from J ' 9 *
various orders of Edward, requiring a fufficient maritime force to be provided,
both in England and Acquitaine, for repelling any infults or attempts that his
enemies mi2,ht make either on the coafts of Scotland or England. The corre-
fpondence, however, betwixt France and Scotland, and the aid fent from the
former to the latter, muft have been very difficult and unfrequent, when it is
confidered, that Edward had a powerful fleet on the Frith of Forth, and on
the eaftern coafts of Scotland, by which Dundee and other places were
burnt * ; and alfo a large fquadron on the weftern coafts of that kingdom
from Ireland, under the command of lord D'Arcy ; with the forces on board
of which, that nobleman ravaged and plundered the ifles of Arran and Bute.
But to compenfate the Scots in fome meafure for the failure of the expected R ymi ;fa. 660.
affiftance, the king of France, and the Pope acting in concert with him, fent
ambaffadors and nuncios to folicit and treat with the king of England in favour
of king David, and thofe who adhered to him f.

It being evident that the friends of Baliol, after all their fuccefies, could Holing. Hift,
have no quiet or fecurity in Scotland, nor maintain any authority there, with- Sco!,2 3 6,
out the defence of walls and ditches, Edward caufed the fortifications of Perth
to be repaired and ltrengthened : he alfo rcftored from their ruins the caftles
of Edinburgh and Sterling. In September, he moved from Perth to Edin-
burgh, and in the following month to Berwick. Whilft there, he appointed R ib ej0 -
William de Preffen the reward promifed him for taking the earl of Murray,
guardian of Scotland J. He alfo gave a new proof of his extraordinary favour

and

• This fleet robbed the rich monaftery of Inchcoim of every thing valuable. They carried off
feveral images, among which was one of St. Columba, held in great veneration; but meeting foon
afterwards with a florin, which deftroyed many of their firp?, they imputed it to the wrath of the
faint above-mentioned, and prefented the church and monallery with a valuable offering of gold and
filver. Fordun. Buchan.

■f When Edward was at Edinburgh, in his way towards the borders, he granted a fafe-conduft
to t«o ambaffadors from the French king ; and when he came to Berwick, he made the like grant
to two a^Oitolic nuncios.

J By a deed, daied at Berwick ioth Oclober, Edward grants to William Preffen and his heirs,
the village of Eddringtown, the fifhing- water of Eddermouth, the mills of lieiwick and Ed-ring-
ton, with the giills belonging to them, the whole eliimated at 107 I. 3 s. 7 d. per ann. in time of
peace, for the yearly rent of one hundred and ten merk... The furplus of the vaiue of the premifes
above the faid rent, being fifty merks ten fhiliings and three-pec.ee yeaily, the king gives to the

faid

„,o THE BORDER-HISTORY OF

Edward in. and bounty to William de Montagu, by conferring on him in fee- farm, t!ie
k, of England.^ f ore {\ s f Selkiric, and Ettrick, with the town and fheriffdom of Selkirk, and
i 3 j 5 . ali kinds of profit?, or rights, and jurifdidions thereto appertaining ; for all
Rym. ib. 671, w hj c h h e was to pay thirty pounds to the king's exchequer at Berwick. A like
grant was made to him, at the fame time, of the town and county of Peebles,
with all its appurtenances. The king, by thefe grants, added the tie of intereit
to thole of honour and gratitude, to engage Montagu to exert himfelf in de-
fending a very important part of his new acquired territory in Scotland ; for
the fecure poffcfilon of which, the grant of Edward Baliol and his parlia-
ment availed king Edward fo little.
Rvm. ib. 674, The king fet out from Berwick in the beginning of November. At

675." Alnwick, on the eighth, he agreed to a truce with Sir Andrew Murray and his

adherents, for eighteen days •, which was afterwards prorogued, at Newcaftle,
firlr. for a week, and then for a fortnight. During thefe fhort truces, the
fcot^'e 1 ^' renewal of which was perhaps not made known in due time to king David's
Ford", i.ij. friends, an expedition was made into the north by Sir Andrew Murray the
Bo«e guardian, the earl of March, and Sir William Douglas, with eight hundred

Eucha'n. chofen men under their command, from Lothian and the Mers, for the relief

of the caftle of Kildrummy. The lady of the guardian was in this caftle,
and it was befieged by David de Strathbolgi earl of Athol, who is faid to
have been intruded with the chief command in Scotland, upon the king of

England's retiring to the Englifh march with the king of Scotland in h

■&

company. Athol, to mew his gratitude and fidelity to the two kings, and
perhaps to gratify private refentments, exercifed great cruelties towards the
friends of king David ; and putting himfelf at the head of three thoufand
men, endeavoured to reduce the ftrong fortrefs above mentioned. But on
hearing the approach of his enemies, he abandoned the fiege, and met them
in the neighbouring foreft of Kilblain, and by brave fighting and fuperior
numbers, would have prevailed againft them, had not three hundred men,
fallying forth from Kildrummy opportunely, joined their friends, and inti-
midated their enemies •, the confequence of which was the rout of Athol's
army, with the daughter of himfelf and fome of his chief adherents *.

Upon

faid William Preffen for his good fervice, until he puts him in poflefiion of land in England to the
amount of twenty pounds a year. But as foon as William Preflen receives land of that amount, he
is required to pay the whole yearly ellimation, viz. 107/. 3/. 7 d. for the above-named village,
filhing-water, and mills.

" Murimuth reprefents Athol, while accompanied by a few, as furprifed by a multitude of his
foes. Mur. p. 88.

This battle happened on the firft of December, or, according to Fordun, on the day before,
during one of the (hort truces above mentioned. This truce heing granted by Edward on the
fixteenth of November at Newcaille, the intelligence of it, amidft the confufion and defolation that
then ptevailed, might not reach the Scottiih chieftains in fuch time as to make them chargeable with
any breach of it. Perhaps alfo, they did not accept of it, or caufe it to be proclaimed. Ground
h given to fufpett an omiffion of this kind, by an order of king Edward's afterwards, about the
prorogation of this truce till Chriftmas ; viz. That Anthony de Lucy his julticiary of Laudonia
fhould proclaim it, upon being firft advertifed that the Scots were willing to keep it, and that they
had proclaimed it in proper places. Fordun fays, feemingly with a view of clearing the guardian

and

Rym. ib, l%6.

ENGLAND AND SCOTLAND. 321

Upon the earned felicitations of the ambaiTadors from the Pope and the Dav ' d BruE »
French kino-, Edward granted at Newtaflle a further prorogation of the truce vl^_, c Z_!lj
to th« Scottilh guardian and his adherents until Chriftmas, and afterwards for a.d. 1536.
a month longer until the twenty-fifth of January; and the importunities of f^&rr!'*'
thefe ambaiTadors alfo prevailed with him to give a fafe-conduc~t to fix perfons
from Scotland, with a retinue of forty horfemen, to come to Newcaftle to
treat with the ambafladors about their own affairs, and thole of their country-
men •, and even that four of thefe fhould be, the guardian Murray, William
de Keith, Robert de Lowedre*, and William Douglas, than whom none
could be more obnoxious to Edward's refentment. It is probable, that the
perfons mentioned were too much employed, or of too great importance at
home, to go into England at this time ; but five others, at the head of whom
were, Alexander bifhop of Aberdeen, and Frere John abbot of Cowpar, came
with Edward's leave to the Pope's nuncios at Berwick in the month of January.
Thither Edward repaired the latter end of the fame month, probably with
a view to negociate with the Scottifh delegates himfelf"-f, to difcover the
defigns of their chieftains, and to learn what was tranfacting in their country.
While at Berwick, on the earnelt and repeated folicitations of the French and
papal ambaiTadors, he continued the truce until fifteen days after Eafler. To
this longer prorogation Edward feems alfo to have been induced to confent, for Jb> 6g 6i6t
the fake of preferving fome fortreffes in Scotland, held by his own forces or
thofe of Baliol, to which the guardian and thole of his party had laid liege J,
and to relieve which it was difficult to carry forces in winter. For it was a
condition in the truce laft named, that the Scots fhould abandon without delay ib. 686,
the fieges of Cowpar in Fife and Lochindores, and that the keepers of thefe
and other caftles and fortrefTes fhould have liberty of coming out of the caftles,
purchafing necefTaries, and tranfacling what bufinefs they pleafed, without
moleftation : and that thofe who were not on the fide of David Brus before the
thirtieth of December, fhould not be compelled by art or violence to join his
party ; nor be difquieted on account of their adherence to Baliol. In the time
of this truce of longer duration, and probably, at the inftance of the above
mentioned envoys from France and Rome, better obferved than the preceding

and his aflbciates from the charge of truce breaking, that Andrew Murray afeed and obtained leave
from lord William de Montagu, who was then the king of England's chief counfellor, for himfelf
with his aflbciates March and Douglas, to fuccour Murray's cattle wherein his wife was befieo-ed.
He alfo fays, that the three chieftains above mentioned, having a certain refpite or fitfferance from
the king of England and his nobles, lurked fomctimes in one place, fometimes in another,
expelling better fortune. Fordun, 1. 13. c. 36.

Ad. Murimuth fays, that many truces were granted to the Scots, who afled cunningly, but
nothing was finally fettled ; becaufe, while thefe truces were depending, the Scots flew the earl of
Athol. It is remarkable, that no particular mention is made in any of the king of England's
fubfequent orders with regard to truces, of a former truce being violated by the attack on Athol.

* Lowedre, as was formerly related, had been appointed Edward's jufticiary of Laudonia, and
had fome time before this revolted from him.

f It appears from Rymer, that thefe delegates carried into Scotland letters from the king and
the Pope's nuncios.

X Probably, not regarding the lhort truces which feem to have been granted with much
relu&ance.

T t fhort

322

Edward III.
K. or England,

1336.
Ford. 1. 13.
c. 36.

Ryra. torn. ir.
685.

lb. 63i.

Rym. torn, iv,
690, 691. 694.

March iS,

Rym. ib. 689.

THE BORDER-HISTORY OF

fhort ones, Sir Andrew Murray convoked an affembly of the Scottifh nobility
at Dunfermling, and was there unanimoufly approved £S guardian of Scotland.
After which, he crolTed the mountains to confirm the northern parts in their
duty to king David. Before Edward left Berwick, he granted letters of pro-
tection for fix envoys with a retinue of forty horfemen, coming from David
de Brus out of France, to treat with the nuncios and ambafladors fo often
mentioned. He alio gave orders on his exchequer there, for the payment of
five merks a day to Baliol his vaflal king, to ajfifl him in his daily expences *.
Several orders of a like nature given in the courle of this winter, prove the
indigent and dependent fituation of Baliol, notwithftanding the profperous
and fplendid campaign of the preceding fummer, made by Edward for his
defence and fupport -f. Baliol was univerfally hated by the Scots, as the tool
of Edward's ambition and avarice, in yielding up to that monarch the inde-
pendency of their crown, and transferring to him the fineft provinces of their
kingdom. It alfo appears, that he was contemned and maltreated by the
fervants of the Englifh king, who had feized his patrimonial eftates that lay
in the territories ceded by him to that monarch, in the poflcffion of which,
upon his fupplication to Edward, he was about this time ordered to be re-
instated J.

Edward returned to the fouth in February, and held a parliament in
London in the time of Lent, which William Bullock, entitled the king's
beloved clerk, and other mefiengers from Scotland, attended by his command.
The defign of their attendance was probably to lay before the parliament the
ftate of affairs in Scotland. About the time of this meeting of parliament,
a new prorogation of the truce with the Scots was granted on the fame inter-
cefiion as before, until Sunday next preceding Afcenfion, May 5th, and on
the fame conditions with refpecl: to the caftles and fieges above mentioned, as
in the former §. On account of the infinite expence of the Scottifh war,
which had greatly exhaufted his treafury, Edward afked and obtained afupply
from his clergy. Thofe of the province of Canterbury granted him a tenth
of their ecclefiaftical goods. The king having received certain intelligence of

* In fuhnjentionem expenfarum.

t The king of England had lent Baliol 300/. for anfwering prefent demands, of which iro/.
was paid at Berwick. (Rym. tom. iv. p. 674.) Robert Tonge, the receiver of the king's victuals
there, was ordered to deliver as a prei'ent to Baliol ten caiks of flower, and fix of wine. (Ib. 683.)
Probably to help him to keep his Chriltmas.

\ Edward ordered Thomas de Burgh, his chamberlain of Berwick, to remove his (Edward's)
hand f om thefe eftates, and to fuller Baiiol himfelf to collect the rents and profits of them. Rymer,
tom. iv. p. 6S1. Thefe eftates of the inheritance of Baliol art mentioned as lying in LowerJale,
and elfewhere, in the king's counties of Berwick, Roxburgh, Edinburgh, and Dumfries.

§ When this prorogation of the truce was about to expire, the king gave orders to Henry earl of
Lanofter, who, as we are jult about to relate, was lent with the chief command imo Scotland, and
to three of the principal men who accompanied him, the earl of Warwick, the earl of Buchan, (the
lord Henry Beaumont fo entitled,) an 1 William de Bohun, to treat with Sir Andrew Murray, or
other Scotchmen, who were not in the faith of the king, about a truce to continue until Mid fummer,
and to grant and confirm fuch a truce in the kirg's name. Rym. tom. iv. p. 699.

Whether a truce was concluded in confequence ol thefe powers, no where appears. It is not
improbable that fuch a treaty took place, as Edward did not come in perfon into Scotland till after
Midfummer.

the

ENGLAND AND SCOTLAND.

the preparations of the Scots to recommence hoftilities with the aid of DirfdBrw,
foreigners, but not chufing to go in perfon to Scotland until the expiration of
the truce, fent a great body of forces thither for the fupport of his vafTal and
defence of his own territory. He appointed his coufin, Henry earl of
Lancafter, leader of thefe forces, confiding of fome of his nobles and men at 6 9 6 -
arms, together with a great number of bobelars, archers, and footmen. The
commimon given to Lancafter conferred on him all the powers of a captain-
generai : and in particular, Anthony Lucy, justiciary of Laudonia, and of
Edward's other lands in Scotland, who had received the military command, not
only over that country, but alio in Northumberland ; and William de Bohun,
who had the like command in Cumberland •, were required to render him their
obedience and attendance. He had alio powers to receive to the king's faith
and peace, fuch of the rebellious Scots, and their adherents, as were willing,
and as he judged fit, to partake of that privilege. Sums of money were ib. 694.
ordered to be paid out of the treafury, to Lancafter, to the king of Scotland,
and fundry nobles and barons who were to go on this expedition, as pay to
themfelves, and the men at arms in the company of each £.

Immediately after the expiration of the truce, the Scots, with fome French Rym. vol.;?,
auxiliaries, and probably by the encouragement of an envoy from France, p " "*
who came over to them about this time, returned to the feats of war.
They took the caftles of Bothwell and St. Andrews, and afterwards laid willing. ap.~
fiege to that of Stirling. The principal men in thefe exploits were, the earl J y Ioo.
of March, Sir William Douglas, and Sir William Keith. The guardian was,
probably, in his own country, in the north, employed in the liege of
Lochindores. And although the king of England had appointed a great
council of his prelates and nobles to meet at Northampton, on the day after Ib * ~°l'
Midfummer, to advife about his affairs with the French and Scots, he thought
his prefence fo neceftary in Scotland, that leaving his brother the earl of Corn-
wall, with his chancellor and treafurer, to hold that council, he haftened to
the north, and with but a few men at arms in his company, came to the head-
quarters of his army at Perth, in the end of June, or beginning of July.

The vigour that the prefence of Edward gave to his army and all its opera- waifing. an.
tions, foon made the Scots abandon the fiege of Stirling, and their other Tyreii, roi. iii,
cnterprifes. The counters of Athol, being clofely befieged by the guardun in !
the caftle of Lochindores, implored Edward's aid ; in compliance with her ^it."''.^^.
requeft he marched with great expedition, and having railed the fiege and re-
inforced that fortrefs, he brought off the countefs* and her female attendants.

Edward,

J The whole fum ordered to be paid out of the exchequer (24th March) to fundries for fervice
of themfelves and followers in the war againft Scotland, was 1086I. 13 s. ^.d. The (irit in this
lilt is Edward B,l ; ol, who is ordered icol. There is alfo an order of the fame date to pay to the
above named king 55 1. in remainder of 200 1. formerly granted him to difclurge his debts in tbe
northern parts : 400 merks is ordered to be paid to the earl of Lancafter; 2co to the earl of War-
wick; 1O0I. to Gilbert Umfreville ear! of Angus ; 200 merks to Henry Beaumont earl of Bachan;
200 merks to Henry de Percy, and Ralph de Neville : funis are alfo ordered to feveral otbens.

* Lady Catherine Beaumont, daughter, as is above related, to lord Henry Beaumont earl of
Eucharj. Her father was one of the principal officers in this expedition. Fordun fays, he com-

T t 2 mittcd

324

THE BORDER. HISTORY OF

Edward in. Edward, in his return, burnt the guaidian's country of Murray, but fpared
Kj>t E ne ioj t j ie convent at Elgin, and its beautiful church : he laid the city of Aberdeen
1336. in alhes ; and fortified and garrifoned the catties of Dunnoter, Kynef, and
Laurenfton. When he came back to Perth, he made great additions to its
fortifications, the expence of which he obliged fix of the neighbouring
monasteries to defray f. He alfo either rebuilt or repaired and ftrengthened
the caftles of St. Andrews, Leuchars, Stirling, Edinburgh, and Roxburgh,
appointing certain of his captains to diredt the execution of thele works J.
Hym.voi.iv. By the advice of the council held at Northampton, Edward had fent to

joc 7 *^? 04 ' th e king or " France a folemn embaffy, whereof the chief perfons were, the
bifhops of Durham and Winchefter, to treat about a croifade ; which, under
the direction of Pope Benedict, had been long in agitation ; and to negociate
alfo in regard to all fubjects of ftrife between him and his brother monarch.
The fame ambaffadors had likewife powers to enter into conferences with
David Brus, for a truce or a definitive treaty. The king of France, more
openly than ever before, exprelTed his refolutions to thefe ambaffadors to
favour the Scots, and to aid them to the utmoft of his power. Edward
receiving information of this, and being alfo allured that the king of France
was collecting (hips and gallies in different parts of the continent, and levying
men at arms, with the view as well of invading England, as of fending fuc-
cours to the Scots, convoked a general council of his prelates and great men,
to meet at Nottingham, to give him their advice in the preient critical con-
juncture. He alfo fent orders to his fubjects in Aquitaine, to fend their fliips
of war againft the naval force which Philip was preparing in feveral parts of
the coaft of Normandy to affift Scotland.

Edward, leaving Scotland in September, was prefent in his parliament at
Twdl, wtla Nottingham in the end of that month ; where, for fupport of the war in
p. 39 2 - Scotland and Gafcony, a twentieth was granted from landed men, a fifteenth

from burghs, and a fixth from the clergy. A tax was alio impofcd on ex-
ported wool of forty (hillings a fack from England, and 3 1. from foreign
Rym. lb. 716. merchants. In the beginning of November the king returned to Scotland-,
Feid. to), ii. where the guardian, with his ufual eagernefs of courage and refentment,
1. 13. «-39- f e i z ing the opportunity of Edward's abfence, had retaken and demoliihed the
three fortrefies of Dunnoter, Kynef, and Laurenfton, which Edward in the
fummer had erected in the north. The guardian continued all the winter,
from a foreft in the neighbourhood of Angus, to diftrefs the Englifh
by incurfions and fudden attacks. The peace and fubjection of the country
Sept. 1*. on the weftern fide, was probably in great meafure fecured by a conven-
Rjrm.ib. 711. t j on ma de at Perth, between Edward Baliol and John of the Ifles, and

mitted many a&s of cruelty during thecourfe of it ; that to revenge the death of his fon-in.-law the
earl of Athol, he put to death by torture all he could meet with who were in the battle of Kilblain,
in which Athol was killed.

■f Dunfermling, St. Andrews, Lindores, Balmerino, Arbroath, and Cowpar, in Angus.

J The lord Henry Beaumont, ard Henry Ferrers, had the charge of rebuilding the iortreftes of
St. Andrews and Leuchars, the lord Montagu of Stirling, of which Thomas Rckefby «as made
keeper ; the caflle of Edinburgh was the charge of John de Sterling, and Roxburgh of William de
Felton. Fordun.

confirmed

ENGLAND AND SCOTLAND. 3 5

confirmed by the king of England during his fhort flay in his own kingdom. nn-MBms,

- - K. of ScotJanJ

But ftill the itate of Scotland was lb unquiet and unfafe, that Edward found it >J _ ,'

neceffary to remain there until after the middle of December. 1536.

Edward was informed, while in Scotland, of violent and open hoftilities com- Rym. u>. 7*1,
mitted by the fhips that had been collected and fitted out by the friends of king 722 ' 7 * J "
David, thro' the connivance and aid of the king of Fiance. Thefe had not only
taken fome Englifh fhips in the open lea, but had feized fome veffels anchoring
on the coafis of the Ifle of Wight ; and had alfo burnt and plundered the Ifies
of Guernfey and Jerfey. In order to concert proper mealures for defending
his kingdom againft fuch outrages, the king, while at Bothwell, ordained a
convention of his great men to meet at London, on the firft day of the fol-
lowing year. And for the fafety of trading veffels when his enemies were fo
powerful at fea, he laid an embargo on all the merchant-fhips in England.
But this prohibition extended not to fuch fhips as carried neceffary provifions
or warlike ftores for the uie of the king's army in Scotland, which they were
allowed to land at Eerwick, and at Perth, Stirling, and other parts of that
kingdom.

The lord Montagu and earl of Arundel, whom the king left in Scotland A - d. 1337.
with the chief command of his forces, did not abandon to their enemies all the Ci " ', ' * 3 '
glory and fuccefs of military enterprifes in winter. The caftle of Dunbar was
a fore nuifance in the Scottifh territory that belonged to the Englifh king.
The excurfions of the garrifon could not but much annoy the adjacent fruitful
coaft, and render unfafe the public road betwixt Berwick and Edinburgh.
Its port alfo, under the fhelter of the caftle, afforded a convenient and fafe
reception for the aids and fupplies from France, and other places of the con-
tinent. Hence the reduction of it became of greater moment, on the almoft
certain profpect of an approaching French war. The lord Montagu, accom-
panied with feveral Englifh grandees, began the fiege, or blockade, in
January. The place was very ftrong; but the lord of it, chufing the field
as a nobler fcene for the feats of war, intruded his caftle to the keeping of his
lady. She was a daughter of the celebrated Thomas Randolph earl of
Murray, and fifter to the earl who had fallen at Duplin, and of his fucceflbr
the prefent earl, who was at this time a prilbner in England *. Thefe circum-
ftances ftrongly infpired refentment againft the Englifh; which were in this
heroine accompanied with fuch vigilance and prowefs, as no art could furprife,
or danger difmay ; fometimes from the battlements of her caftle fhe addrcfled
the affailants with biting taunts and feoffs ; and to fhew her contempt of the
machines they employed to beat down the walls, when the ftones or leaden
balls thrown from them made the towers to fhake, fhe fent one of her maids,
fplendidly dreft, to wipe off with a clean white handkerchief the matks of the
liroke. She alfo expreffed the like contempt of their machine called a Sow,
as was done nineteen years before by the defenders of Berwick, and was equally
fuccefsful in accomplishing her menaces of deftroying it.

• She was called, in ihe homely phrafe of the times, Black Agnes of Dunbar.

While

THE BORDER- HISTORY OF

Edward in. "While the countefs of March thus gallantly defended earl Patrick's -f ftrong

"° 4 "_,' houfe, he-himielf was employed along with the guardian, Sir William Doug-

1337. las, and other loyal nobles of king David, in reducing the fortreffes on the

f*q d 'c. V '-9. "' ochtr fide of Forth. After defeating a great body of EngliPnmen, in a battle
at Panmure, they took and deftroyed the caftles of St. Andrews and Leu-
chars, and the tower of Falkland ; but the caftle of Cowpar, by the great
vigour of William Bullock, refilled all their efforts. In March they befieged
the caftle of Bothwell, which they alfo reduced : and it is probable that their
fucceffes in thefe fieges were in great part owing to the machines and engineers
fent over to them from France J.

For*, vol ;;. i n t| ie progrefs of the fiege of Dunbar, the arts of forcible and open affault

not availing, lord Montagu, who was about this time created earl of Salifbury,
attempted to make his way into the fonrefs, by bribing the porter to open
the gate for the entrance of himfelf and his followers, at a time agreed upon.
The porter making a difcovery of the plot to his companions of the garrifon,
it became a fnare for Salisbury in which he was nearly caught; for, as he was
milling in at the open gate, and muft have been taken priloner, he was forced
back by John de Copland, a faithful fquire in his train, who, in refcuing his
lord from captivity, was made a prifoner himfelf. The countefs being at
hand, waiting the event, derided the earl on his narrow efcape. (She cried to
him, Adieu Monienzour Montagu.) But that which could not be effected by
force or art, was nearly brought to pafs by extreme fcarcity of provifions ; for
care had been taken to block up the harbour by a fufficient number of fhips,
among which were two large Genoefe gallies. Yet the vigilance of thefe
veffels was eluded by the extraordinary courage of Sir Alexander Ramfay, who
putting on board a light veffel a fupply of provifions and warlike ftores, failed
from the neighbouring ifland of Bafs, and paffing unobferved in the dead of
night through the line of the enemy's fhips, entered the harbour in fafety, and
carried a timely relief to the garrifon. On the next day he himfelf, with the
companions of his brave exploit, made a fally upon the befiegers, equally
brifk and unexpected, in which they did no lmall execution, by killing and

Butfhan. 1.9. wounding fome, and taking others of their enemies prifoners. And on the
following night, Ramfay completed the glory and luccefs of his achieve-
ment, by palling out from the caftle in the fame way and with the fame fafety
wherewith he had entered ir.

Two bodies of Hnglifh troops attempting to advance into Scotland at this

Buece." time, to the aid of their forces in that kingdom, are related by the Scottifh

writers to have been vanquished by their countrymen. The leader of one of
thefe bands was Richard Montforr, who was encountered by Laurence Prefton
and Robert Gordon, at the head of a fmaller number. The firft of thefe
valiant leaders fell in the conflict, but his men prevailed ; and taking many
of the Englifh prifoners, put them all to death, in refentment of the fall of

f Often fo called in records and hiltorie' of thefe times.

'j Fordun fayp, that the governor prevailed in the iiege of the fortrefles mentioned, liy the dread
and force of a certain engine called Bcujlour. Ford.

their

c. 24

Fordun.

ENGLAND AND SCOTLAND. 327

their captain. The lord William Keith of Galfton attacked the lord Richatd
Talbot, at the head of the other numerous body of Englifhmen. Thefe, w
their leader, were driven to feek [belter in an iQand in a Like-, but wef
made prifoners, and Talbot was obliged to pay 2000 1. for his ranfom. Tl "e
unfortunate expeditions were probably made under the direction of the earl of p- "+«•
Warwick, who in the fprrng was appointed to command the forces going into
Scotland.

Edward was, in the middle of fummer, in the north of England for fome r . -., 7 6 2 ,
weeks: of thefe he fpent a few days at Berwick ; and it was probably by his ~t- iJ 7-
orders, while there, that the earl of Salisbury raifed the fiege of Dunbar.
Hoftilities had been committed in Aquitaine, which brought very near to a
crifis the difputes between England and France. King Edward, while at
Berwick, gave orders for an embarkation of forces at Portfmouth for defend-
ing his French dominions : and this fituation of affairs made him greatly need
the prefence and advice of fo able and faithful a counlellor as the earl of Sal
bury. It was perhaps owing to the neceffity of the northern barons remaining
at home to defend their country and pofTelTions, that the king did, twice in
the courfe of this year, appoint afTemblies of them to be held at York, and
once at Newcastle, to receive information from certain great men, he nomi-
nated his commiffioners for this effect, of the refolutions cf his parliament or
council, and his own intentions with refpect to the prefent ft ate of his kingdom.
The fame commiffioners were alfo charged to treat and agree with the chief
men of the country, men at arms, and others, about inarching in his fervice
towards Scotland and the borders, about their continuance in that fervice, and
the wages to be paid them while engaged in it ; as alfo concerning the fecure
keeping of the king's towns and places in thofe parts, and erecting fortifications
for their fecurity.

The failure of the Englifh in the fiege of Dunbar encouraged Sir Andrew Ford. 1. 13.
Murray, the guardian, to befiege the caftle of Stirling; but he was no: able c, 4 1,
to take it, and in the courfe of the fiege Sir William Keith loft his life *. An Heming. vol. ;;.
Englifh writer of good credit relates, That the king of England came in per- t- *^> 3io '
fon into Scotland to raife this fiege ; and having fupplied the garrifon with
provifions and frefh foldiers, carried the wounded, lick, and weak with him
into England -f. The guardian afterwards befieged-the caftle of Edinburgh; Ford, ib,
but the power of the Englifh, and treachery of fome Scots, obliged him to
quit his deftgn. During this fiege Laudonia fubmitted to him, and Laurence
Prefton was made the fheriff of it •, who making fome brave efforts to maintain
his power againft the Englifh, the country was laid wafte in the ftrife.

The fucceffes of the Scots during this campaign, were confiderably balanced Hen.fi.a89.
by the lofs of two fhips, which had on board the bifhop of Glafgow, and
feveral young men of noble Scottifh families, together with auxiliary French-
men, and a confiderable fum of money fent over by the king of France to his

* He was flain, fays Fordun, by his own lance, no lefs unhappily thin furprifingly.

■f According to the fame author, the Scots, having thi ice entered England, fpoiled and burned
many places in it. Thefe inroads were made over the weftern march. See more paniculars in
Lejand's Coll. ii. 556,

8 faithful

32 8

Edward HI.
K, of England,

'337-

A. D. i 3 ;g.

Rym. vol. v.
p. 30.

Fordim.
Boece.
Buchaa.
Holing,

A. D. 1339.

fed. 1, 13. C.

45-
Bocce.
Buchan,
Holing.

THE BORDER- HISTORY OF

faithful allies. Thefe fhips were taken by an Englifh fleet, which had been
fent over to Flanders, for conveying home the Englifh ambaffadors, who were
employed this fummer in negotiating alliances with the princes of Germany
and the Low Countries, to affift Edward in his intended war with France. The
Scots made a brave defence, and many were (lain in the engagement. The
bifhop of Glafgow was wounded, and died foon after he was brought on the
Englifh fhore.

In the fummer of the following year, Edward, who had now publickly
avowed his claim to the French monarchy, and made formidable preparations
to fupport it, paffed over to Flanders with a great fleet and army, and returned
not to England until the beginning of 1340. Much time and money were
confumed in fettling matters with his numerous allies ; and when he had at laft
taken the field with a great army, and entered his enemy's country, the French
monarch prudently declined to rifk the fate of his kingdom in a general
engagement. Edward left with the earl of Arundel the command of his army
againft the Scots, and appointed Richard de Umfranville, earl of Angus, to
act as his deputy •, but the war in Scotland, during this interval, was very
feebly fupported by thefe generals, on the part of Baliol and the Englifh ; and
the friends of David Brus made great advances towards a total reduclion of the
kingdom, notwithftanding the heavy lofs they had fuftained by the death of
one of the guardians, the brave Sir Andrew Murray of Bothwell. After
Murray's death, the lord Robert Stewart continued fole guardian of the king-
dom until the return of his uncle. He was nobly feconded in his military
operations by Sir William Douglas, who expelled the Englifh from Tiviot-
dale, and was rewarded with the government of that county. During this
campaign, Douglas encountered many difficulties, and received feveral wounds.
Sir Thomas Berkeley, a brave Englifh commander, came upon him by fur-
priie at Blackburn -, and after a fharp and obftinate ftruggle, cut off his whole
party, excepting himfelf and two others, who had the good-fortune to efcape
along with him. Soon after this, Douglas, with a much inferior number,
defeated Sir John Stirling at the head of a party of five hundred; thirty of
whom he killed, and took forty prilbners. Encouraged by this fuccefs, he
attacked and routed, near Melrofe, a convoy with provifions for the ftrong
caftle of Hermitage, and afterwards reduced that caftle, and furnifhed it with
the ftores he had taken from his enemies. About this time alfo he encoun-
tered and overcame a large detachment of Englifh under Sir Laurence Vaux ;
and he had the good fortune, notwithftanding he had been five times repulfed
and put to flight in one day, by Sir William Abernethy, a commander of
Baliol's, to put his party at lad to a total rout, and to make Abernethy him-
felf a prifoner. After thefe exploits, towards the end of the year, Douglas
went over to France to folicit affiflance from thence, and to inform king David
of the ftate of his affairs in Scotland.

In the beginning of the following year, the lord high fteward laid fiege to

Perth ; which Edward, as is above related, had fortified with great care, and

provided with a ftrong garrifon. The Englifh defended it with fuch vigour,

for the ipace of ten weeks, that the fteward, defpairing to take it, was about

3 to

ENGLAND AND SCOTLAND.

3*9

David Brut,
K, of Scotland.

to raife the (lege; when Sir William Douglas arriving from France with five
fhips, carrying a large lupply of men, arms, and military Mores, he was deter-
mined by this critical reinforcement to perfift in his attempt, and render him-
felf mailer of the place. The guardian difpatched Douglas loon after his arri-
val, in an embaffy to William Bullock, who had the command of the caftle of
Cowper, and was alfo chamberlain of Scotland under Baliol, and paymailer of
the Englifh forces and their adherents in that kingdom. Douglas prevailed
with Bullock, in confideration of the granc of a large eftate in Scotland to be
fecured to him by the fteward, to yield up the caftle of Cowpar, to defert
Edward Baliol, and to fwear fealty to king David. Douglas returned to the
fiege of Perth, accompanied by Bullock, and the latter, by his great military
fkill, was of infinite fervice to the guardian in the reduction of that place;
which, after a noble defence of four months, was furrendered by the Eno-lifh
governor, Sir Thomas Ughtred, upon condition of fafety of lives and poflef-
iions to the garrilbn. Baliol, intimidated with the fuccefs of his enemies, left
Galloway, where he for the molt part refided, and fled for refuge into Eng-
land. His intereft in Scotland was now almoft totally annihilated ; and of all
Edward's conquefts in that country, nothing now remained but the caftles of
Stirling, Edinburgh, Roxburgh, and fome inconfiderable fortrefles. The
endeavours of the Englifh generals, Arundel and Angus, to fupport the fink-
ing affairs of their mailer in Scotland, feein to have been partly defeated by a
cruel famine, owing to the fucceffive devaluations of the more fruitful parts of
the country, and which for the three laft years was even more calamitous than
the war that raged in it.

In the parliament held by Edward in the fpring 1340, although his principal a.d. I34 o.
object was to make provifion, for carrying on with vigour his war ao-ainfl the B » rnes > p- '80,'
French king, yet the fupport of the war in Scotland was not neglected. Seve- fromaMSS '
ral of the moil considerable Englifh nobles undertook to raife men, and to
ferve in perlbn againft the Scots. In particular, Gilbert Umfranville earl of
Angus, the lord Henry Percy, Ralph lord Neville, the lord Anthony Lucy
of Cockermouth, and the lord John Segrave, undertook in conjunction to fet
forth at their own cofts two hundred and ten men at arms, and two hundred
and twenty archers. The lord John Moubrai was intrufted with the govern-
ment of Berwick, having engaged by indenture, to remain there for a year,
with a garrilbn of one hundred and twenty men at arms, one hundred halber-
diers, and two hundred archers ; of which number he was to maintain, at his
own expence, fixtjj men at arms-, ten of whom fhculd be knights, twenty
halberdiers, and fixty archers. The governor of Roxburgh caftle, lord Wil-
liam Felton, was appointed to have thirty-fix men at arms, and forty halber-
diers, for the defence of that fortrefs ; and he was alfo intrufted with the com-
mand of fixty men at arms, fifty halberdiers, and as many archers, to accom-
pany the lords who were charged with the defence of the marches. Sir Thomas
Rokeiby undertook for a certain number of foldiers in time of peace, and for
a greater number in time of war, for the defence of the caftles of Edinburgh
and Stirling ; and five of the northern barons * agreed to furnifh five hundred

* Thefe lords were, the lord William Roos of H.imlake, Ralph lord Bulmer, the lord John
Willoughby of Ereiby, ihe lord Henry Fitz-Hugh, anu the lord Adam Welles.

U u and

!S°

THE BORDER-HISTORY OF

Edwar<un, an j n f cv m en for the wars with the Scots. King Edward Baliol was reduced
\1° "° *"..'■ f° ^ ow 5 tnaC he only engaged to furnilh twenty men at arms *, Orders were
1310- iffued, that no victuals mould be carried by fea from England into Scotland ;

and a commiffion was given to the earl of Angus, the lords Percy and Neville,
or any two of them, to levy and array the men of York (hi re, Nottingham,
Derby, and Northumberland, to receive any perfon to the king's peace and
pardon, and to grant a truce. A commiffion of the like nature was alfo given
to the lord Wake, the lord Anthony Lucy, and Sir Pierce Tilliol, probably
for Cumberland and the wett marches -f-. But notwithstanding all thefe pre-
parations, the Scots had another very profperous campaign. The caftle of
vara. vol. ;;. Edinburgh was furprifed by the following ftratagem, contrived by William
1. 13. c. 47. Bullock, and executed by Sir William Douglas, and Sir Simon Frafer. They
Buc^an. .. 9. ^j re( ^ ec } one Walter Curry to counterfeit himfelf an Englifh merchant, and to
offer to the captain of the caftle wines and other necefiaries to fell for the ufe
of the garrilbn. The captain agreed with Curry for a certain quantity of wine
and fea bifcuit, and promifed him admiffion to the caftle at any time. Curry,
pretending to be afraid of the Scots intercepting his goods, begged to be
admitted very early next morning. That night Douglas gave orders to a body
of his men, to conceal themfelves in the ruins of fome houfes adjacent to the
caftle, and not to ftir till the fignal agreed upon was given. About day-break
next morning, he, with Sir Simon Frafer, and a few of the moft refolute of
his followers, difguifing themfelves with failors habits over their armour, went
with the provisions to the caftle-, they were immediately admitted along with
the carriages into the outer court; when Douglas, inftantly killing the porter,
and feizing the keys, opened the inner gate of the fortrefs, which he ordered
to be immediately barricaded with the carts and waggons, left it fhould be {hut
before the arrival of his men, who lay in ambufh. To thefe he now gave the
fignal, by the found of a horn : they flew in a moment to his affiftance ; and
falling fuddenly upon the garrifon, put them all to the fword, excepting the
governor, Sir Richard Limefi, and fix Englifh gentlemen, whom they made
prifoners, and took poffeffion of the fortrefs. The Scots alfo, during the
courfe of this year, made feveral fuccefsful incurfions, in feparate bodies, into
the northern counties of England, carrying their ravages and devaftations as
far as Durham ; in which Sir Alexander Rarr.fay particularly diftinguifhed
himfelf: from thefe expeditions they returned in fafety, bearing home with
Holing. Hift. them much fpoil. A party, however, Holingfhed relates, under the command
Scot. p. 138. of the earls of March and Sutherland, were attacked by the lord Thomas Grey
of Werke,. Sir Robert Manners, and John Copland, a valiant efquire of Nor-
thumberland, and were entirely routed. But a truce, concluded betwixt the
kings of Fngbnd and France, in the neighbourhood of Tournay, wherein the
Scots, as allies of France, were comprehended, put an end to thefe hoftilities.

* Barnes, upon the authority of his manufcript, relates, That Baliol was Co poor, that king Ed-
ward was lain to grant him towards the maintenance of his efiate, together with the manor of He\-
lifham, 30c /. / r ann. out of the diocefe of York, which was then vacant.

•f Barne; i-, here very indillinft : his words are, the like commiffion to be made to the lord Wake
the lord Anthony Lucy, and Sir Pierce Tilliol, whereof the faid Anthony to be one of the well
marches.

This

ENGLAND AND SCOTLAND.

13^

This truce commenced the 25th of September 1340, and was to laft until the D,vid Bru '.

M' ,r £ 11 * K, of S.otland.

ldhimmer following. ^ ^

In the year following, the difpute that arofe about the fucceffion of the duke a. d. i 4 i.
of Bricanny, gave a new beginning to the war between Philip and Edward ; Ry ™ vn[ ia l'
and the Scots, on r,he expiration of the late truce, immediately laid fiege to the B-.ce.'
caftle of Stirling. In order to fave lb important a place, an army was fen t p/oifi^d, c
northwards, under the command of Baliol, and afterwards a reinforcement Rym.ib.a71.
under the earl of Derby ; but thele forces appear not to have been fufficient to 285 '
cope with the ftrength which the Scots had at that time in the field. For to-
wards the end of autumn, Edward came himfelf to Berwick, at the head of
an army of forty thoufand foot, and fix chouland horfe. But he was too late;
for he there received intelligence of the lofs of Stirling, which Sir William
Douglas, juftly apprehending the efforts that would be made for its relief, had
prefied by fuch vigorous and unremitted afiaults, that the garrifon were obliged
to capitulate, on condition of marching out with fafety of life and limb. Ed-
ward expected the arrival of a fleet at Berwick with provifions for his army,
which the defolated country on the borders was by no means able to fubfift.
But contrary winds, and a courfe of tempeftuous weather, difappointed him ;
Co that he was obliged to return to Newcaftle, where, after he had waited a
month, his fhips that had efcaped the fury of the Itorms arrived in a very fhat-
tered ftate. The Scots, not fufficiently apprifed of Edward's diftrefs, and un-
willing to run the hazard of encountering numbers fo much fuperior to their
own, are faid to have taken refuge in Jedburgh- foreft, efteemed at that time
the fecureft retreat in the neighbourhood of the eaftern border. From thence
they fent a bifhop and an abbot to Edward at Newcaftle to folicit a truce, and Froiirard,i. 1,
obtained one for fix months, on condition, that if within that period king c - 74-
David did not return from France, to aflert in perfon his right to the crown,
they fhould no longer contend for him, but immediately transfer their allegi-
ance to the Englifh monarch. In confequence of this truce *, Edward came Kmghton, P .

* A truce undoubtedly took place at this time betwixt Edward and the Scots. It appears from
the date of a paper in Rymer, that Edward was at Melrofe on the twenty-feventh, and the Englifh
hiftorians agree, that he kept his Chriftmas there. But it reds entirely upon the credit of FroifTard,
that this truce was brought about in the manner related in the text. That the Scots promifed to
transfer their allegiance from king David Brus to Edward, feems improbable in itfelf ; and no
authority for it is to be found in the records, nor in the hiitorics written near the times. We may
very well fuppofe, from the fuuation of his affairs, that Edward would be far from being unwilling
to grant the Scots a truce. There is fome prefumption that this truce expired, or was about to
expire in March. For in Rymer, (torn. v. p. 303.) we have a fafe-conduft, dated VV'elt-
miniter, 24th March 1342, granted to Adam bifhop of Brechin, Patrick earl of March, William
Douglas, Thomas Carnot, knights, and William Bullock, with three hundred attendants, to come
to any place in England, or any place in Scotland fubjecl to the king's power, to treat with Edward
or his deputies, of a final peace or truce. In confequence of this liberty granted by Edward, the
perfbns above mentioned probably repaired to Berwick; for we find in Rymer, (torn. v. p. 306.)
powers given to the bifhop of Durham, Henry of Lancafter, earl of Derby, and others, dated 3d
April, to treat in the king's name with David Brus and his adherents of a final peace or a truce
What was determined in confequence of this meeting is no where related.

Is not the fafe-condutt granted to the perfons above-mentioned to folicit a peace or truce, a fuf-
ficient refutation of what is related by FroifTard ? for if the Scots had agreed with Edward in De-
cember, to deliver themfelves up to him, if king David did not arrive from France in fix months,
why fhould they engage in a new negociation with him in March ?

U u 2 from

2580,

33*

THE BORDER- HISTORY OF

Edward in. from Newcaftle to the abbey of Melrofe, and there kept his Chriftmas. His
K. o j.r^ancu ]j eute nant-genera), the earl of Derby, celebrated the fame feftival in the caftle
334'- of Roxburgh ; and during his refidence there, was vifited by Sir William
Douglas and three other Scottifh knights. The fpirit of chivalry, predomi-
nant in that age, enfured them of a welcome reception ; and they were enter-
tained with the martial fport of joufting with Derby and the knights of his
train. The king came down from Melrofe to keep his Eafter at Berwick. He
there held a tournament, wherein twelve Scottifh knights entered the lifts witlr
as many Englifh. Thefe fports were often bloody, and they could fcarce fail'
of growing too ferious, where the antagonifts were of nations inflamed by fuchr
violent mutual animoficy. At this tournament, two of the Scottifh knights-
were killed; and on the fide of the Englifh, Sir John Twyford, a knight of
the earl of Derby.
A. d. lyi- On the fecond of June, in the following year, David Brus king of Scotland!

Ford. vol. ii. anc j j lis q Ueen arr ived from France at Innerbervy in Merns. The earl of-
liyn". vol. v. Murray, who had been long a captive in England, having been exchanged,
p, - H ' with the earl of Salifbury, whom the French had made prifoner in their wars'

with the Englifh, immediately on regaining his freedom, paiTed over to France,
FroifTard, 1. 1. and thence accompanied David to his native country. Before the king's
«»75> 76/ 77- return, the Englifh had been driven out of every part of Scotland except Ber-
wick; for Sir Alexander Ramfay had recovered the caftle of Roxburgh,
either in the former year, or beginning of the prcfent. But David's refentmenr
of his own grievous treatment, joined to the bitter complaints made by his
fubjecTs of their fufferings from the Englifh, prompted him to engage without
delay in the work of feeking revenge, and obtaining reprifals for paft loffes
and injuries. His fubjedts fondly flocking around his ftandard, he fet out
from Perth at the head of a numerous army*; and entering England by the
eaftern border, walled and fpoiled, far and wid<», the counties of Northum-
berland and Durham. He laid fiege to Newcaftle, which was defended with-
ilich vigour, by Sir John Neville, that he was foon obliged to retire from it.
He marched from thence to Durham, which city he befieged and took; and
there gave a full vent to his revenge againft the Englifh, fparing neither fex
nor age, priefts nor facred edifices. The king of England feems not to have
expected, or not to have had timely information of this attack of king David
upon his dominions ; for there was no force near the march able to refill: this
fudden and formidable invafion -J- . As the Scottifh army was returning home-
wards with great loads of plunder, they palled in fight of the caftle of Wark.
This fortrefs belonged at that time to the earl of Salifbury ; his countefs
refided in it, and his brother Sir William Montagu was its governor. The
indignation of the garrifon being excited at feeing the ipoils of their country,
carrying off with impunity, a pare of it confuting of forty horfe, with the

* Froiflard relate-, That king David's army confifled of fixty thoufand foot, and three thcufand
horfe. An incredible number for fo defolated a country fo fuddenly to raife.

f There is in Rymer, vol. v, p. 336, a commiffion, appointing Edwaid Baliol general of the
king's army on the Scottifh frontiers, and empowering him to array all the militia beyond the
Trent ; which it would feem was not put into execution.

governor

ENGLAND AND SCOTLAND.

333

governor at their head, Tallied fuddenly forth, and attacking the rear of the DividBrus,
Scottifh army, killed two hundred of them, and carried one hundred and fixcy ^^Jl/"'
horles laden with booty into the caftle. The young king, provoked at this ij4*.

infult, immediately led up his army againft the caltle, and attempted to force
it by a general afTault. But i'o vigorous a refiftance was made by the garrifon,
animated by the courage and liberality of the countefs, that the aflailants were
every where repulfed with great lols. The Scottifh king, however, dilcover-
ing a determined refolution to reduce the place, by preparing to fill up the
ditch, and to batter the walls with engines, there appeared no other hopes of
fafety, but in conveying intelligence of their dangerous fituation to the En-
gliih monarch, who by this time was known to be approaching at the head of
a great army. The caftle being cloiely inverted by the Scots, no one in the
garrifon w uld undertake this fervice, though encouraged to it by the molt
tempting offers of rewards. At lafl the governor himfelf, mounted upon a.
fleet horfe, and favoured by the gloom and noife of a ftormy night, atchieved
the dangerous enterprife. Hereupon Edward approached with redoubled
fpeed, and the Scottifh chieftains unwilling to rifk the lofs of their booty, and
at the fame time fenfible what an encumbrance it would be in an engagement,
perfuaded the monarch to abandon the fiege of the caftle, and continue his
march into his own kingdom. He yielded to their opinion with reluclance,
and had left Wark only fix hours before the Englilh army came in light of it.
The joy and gratitude difcovered by the countefs of Salifbury * in her recep-
tion and entertainment of the king, on this interefting occafion, are laid to
have given the beginning to that amour, to which the inllitution of the famous
order of the garter did a few years after owe its original. The Scottifh king
retired v\ith his army to the foreft of Jedburgh. The king of England pur-
fued, and encamped at the diftance of a few miles from it. Some days were
fpent in fkirmifhes of fmall parties from the neighbouring armies. But it
being impoffible to attack the Scots in their prelent fituation, and the profe-
cution of his defigns againft France, being ftill the chief object of Edward's
attention, he. concluded a truce with David for two years-}-. The king of

Scotland,

• Joan Plantagenet, filler to John earl of Kent, and daughter of Edmund earl of Kent, the
king's uncle.

f The account of king David's expedition into the north of England, as above' related, reds ori-
ginally upon the credit of Froifftrd ; but as it is adopted by moll of the Englifh nilior'ians, it is for
that reafon inferied into the text. The truth t.f many circumflances in it may be juffly qtielfioned.
The taking of Durham, and the cruelty and facrilege David committed there, molt be a milbke ;
for i.s Tyrell obferves, there is no mention of any thing like it, ei'her in the Scoitifh or Englilh
hiftcrians, in manufcript or in print. That David, in his return, might befiege Wark, r^ovoktd by
the aitack made on the rear of his army, is not improbable ; but that king Edward matched to its
relief, is far from being certain. We have an account, in the records publifhed by Rymer, of
Edward's motions from June till the 4th of October, when he embrrked at Sandwich for France, and
they make no mention 0; his advancing fariher northwards than Le?d*. Where thert dial! we place
his expedition to the borders, in which he muft have confumed.a good deal of time ! It is jult poiC-
ble, from the vacancies of feme days in the records, that he might have made a forced march with
part of his army, and relieved Wark, but he muft have returned ibuthwards immediately. Thai
Edward did not defign to ma ch to the North, and comm.ind his aur.y agairitf trie Scots, appears
from an order to the archbifliops, dated 20th Auguft, for public prayers ; in which the king men-

UOl'S

Eduard III.
K. of England

1 34*.
Froiflard, 1. I.
c. 79.

A.D.

Rym. t

IV-

'345«

Ford. vol. ii. J.
13. c. 50.
Buchan. 1, 9.
c 31.

Fordun.

Boece.

Buchan.

THE BORDER-HISTORY OF

Scotland, informed by his nobles how much need there was of a refpite, in
order to relume the long neglected work of the plough, agreed to this truce,
but on the exprefs condition that the king of France mould approve of ti ;
fo clofe an alliance had he entered into with that monarch, which, however
detrimental in many cafes to the true interefts of Scotland, would fcarce be
blamed in a young prince, whole perfonal obligations to the French king, for
refuge and protection, were fo recent and ftrong.

Edward being reduced to ftraits in the following winter in an expedition
into Britanny, found himielf obliged to confent to a truce for three years with
.France, in which Scotland being as ufual included, the late agreement with
David was thereby confirmed and its term prolonged. This truce however
appears on all fides to have been ill obferved. The animofity of the contend-
ing nations was very highly inflamed ; and it was impoflible for the fovereigns
of thofe times, to reftrain their fierce and powerful nobles from excefies that
both dilturbed domeftic peace, and involved them in quarrels with their neigh-
bours. The period of which we are now writing, affords us, in an event that
happened on the borders, a (hocking inftance of this ferocious licence. Sir
William Douglas lord of Liddefdale, one of the greateft warriors of that
warlike age, had, in confequence of his expelling the Englifh from Tiviotdale,
as is above related, been rewarded, or rather afiumed, with the approbation of
the guardian, the government of that country and the wardenfhip of the
middle march *. Thefe honourable offices he poflefied at the time of David's
arrival. But Sir Alexander Ramfay, warden of the eaflern march, and not
inferior to the other in military fame, having been more early in his attendance
on the young monarch, obtained from him the keeping of the caftle of Rox-
burgh and the fheriffdom of Tiviotdale -f. This was refented by Douglas as

tions his purpofe of going over to France and commanding in perfon, and of his fending an army
into Scotland. Edward's amour alfo with the countefs of Salifbury, which Froiflard relates at
great length, is juftly rejected by the Englifli hiftorians as entirely fabulous.

The account the Scottilh hiftorians give of David's expeditions into England this year, differs
widely from that of Froiflard. The fubftance of what they relate is as follows : That king David
foon after his return from France raifed a great army, the command of which he gave to the earl
of Murray, ferving under him himfelf as a volunteer ; that this army marched into Northumber-
land as far as the river Tyne, wafting and fpoiling that county for two month , and carried home
with them much plunder. That fome time afterwards, the king went himfelf at the head of his
army into England, and though the Englifh generals declined an engagement upon account of their
inferiority of numbers, yet, with a large body of horfe, they watched the motions of the Scots with
fo much care, that they not only prevented them from fpoiling the country, but took five Scottilh,
knights prifoners, after having routed the party that attended them. Upon this lofs, they inform
us, David marched back his forces into Scotland. King David, they fanher relate, muftering his
forces once more, about the end of autumn, undertook a third expedition ; but this invafion was
rendered abortive, by an inundation of rain which rendered the roads impaflable, and fwelled the
rivulets fo much, that it was impoflible for him to provide fubfillence for his army, fo that contenting
himfelf with burning a few caftles on the borders, he led home his forces. The Scottifh hiftorians
add, that a truce was foon afterwards agreed upon to continue for two years, which put an end to
thefe hoftilities.

* Buchanan fays, he exercifed thefe offices without any authority from the king.

■f Ramfay feems to have had a claim to the keeping of this caltle, by his having lately recovered
it from the Englifli, and the (herirTdom of the county was commonly annexed to this government.
6

art

ENGLAND AND SCOTLAND.

an inexpiable affront, and his indignation, after being fome time fmothered, at
laft broke out in the moil barbarous revenge. For, as Ramfay was holding
a fheriff's court at Hawick, he was fuddenly attacked by Douglas, and a
band of his followers, who, after killing three of Ramfay's men and wound-
ing himfelf, caft him on a horfe and carried him to the caftle of Hermitage,
where he was cruelly ftarved to death. The king, informed of this outrage,
threatened exemplary vengeance-, but Douglas taking refuge in the inacceffible
wilds of the borders, where he alfo appears to have entered into a corrcfpond-
ence with the court of England ; David yielded to the interceffion of friends,
the commemoration of pad fervices, and above all, to the necefTity of the
times, received him into favour, and reftored to him his lands, the offices he
had formerly exercifed, and the keeping of Roxburgh caftle.

Edward returning to England in February, fummoned all his forces to
attend him at Berwick at Eafter, in order to take figrial vengeance on the
perfidy of the Scots, for their repeated infringements of the late truce, of
which he had many and grievous complaints tranfmitted to him while in
France *. The Scots, before his arrival at Berwick, had laid fiege to the
caftle of Lochmaben near the weftern march, purfuing, it would feem, the
accuftomed method of diverting, or repaying an attack on one extremity of
the border, by an incurfion on the other. Edward fent the earls of Glou-
cefter, Northampton, and Warwick, and the lord Robert Ufford, eldeft fon
to the earl of Suffolk, with a confiderable body of forces to the relief of this
fortrefs ; but before they arrived, the fiege was railed by the valour of the
captain of the caftle, Sir Walter Selby, and his brave ganifon, with the afliftance
of the biftiop of Carlille and the lord Anthony Lucy. We have no account
of Edward's military operations after he came to Berwick. A treaty was
foon fet on foot; and a truce concluded for two years, to which the kino- of
France gave his confent. While the treaty was in agitation, it is related,
fome fkirmifhes happened between the army of Edward and that of the Scots ;
in oneof which, the lord Ralph Neville of Raby was taken prifoner and carried
to Dunbar, from whence he was foon afterwards ranlbmed. The truce now
agreed upon, appears to have been no better obferved by the Scots than former
treaties : for in a commiffion in the following year, appointing Baliol Edward's
general on the borders, it is afferted, that, in direcl: violation of the truce, the
Scots had often entered England in a hoftile manner, plundering and doin°- all
the mifchief they could, and that they were ftill threatening and endeavourino-
to commit greater depredations. In the Autumn 1345, we are informed, that
the Scots, at the inftigation of the French king, invaded Weftmoreland with a
large army, under the command of Sir William Douglas, and burnt Penrith,
Carlille, and feveral other towns in the neighbourhood. They were oppoled

• Barnes relates from Dugdale, that Edward before his return from France, fent Richard" Bury
bifhop of Durham, Ralph lord Neville of Raby, the lord John Striveling, and others, to treat
with king David. But David having rejected his offers, Edward was fo enraged, that in great
indignation he vowed openly, " That now he would attend to no other buiineis but the war with
** Scotland only ; till he had reduced that kingdom to fuch deltruction, as ihould be remembered
• •* while the world endured." Barnes, p. 268.

335

Divid Bruj,
K. of Scotland.

»343-

Rymer.

FroIITard, I, I,
c. 90, Oi.

Walling, ap,
Barnes, 265,.

Dugdaie, ap«
Barnes, ib.

Froiffard, c. 97*
Dugd. ap.
Barnes, 269..

A. D, 1344.
. Auguft 25,
Rym, torn. v.
4*4i 4 2 5-

A.D. i 3 4j.
Walling ap.
Tyrell, torn, iii,
P-493-

with

3$&

Edward III.
K. of England.

■345-

1. D. 1346.

i-orduri.
Boece.
Buchan.
Knighton.

Froifiard, e. 13
»3«.

THE BORDER-HISTORY OF

with a chofen body of men collected by the bifhop of Carlifle, Sir Thomas
Lucy, and Sir Robert Ogle, who watched their motions, and in fome meafure
prevented their depredations. Thefe commanders fell upon a party of Scots
headed by Sir Alexander Strachan, and detached from the main army in fearch
of tot age and provisions. After a iharp conflict, the Scots were entirely routed,
their leader Sir Alexander being run through the body with a fpear, and killed
by Sir Robert Ogle, who in the rencounter was himfelf dangeroufly wounded.
In this action, the martial bifhop of Carlifle was aifmounted, and in danger of
being made a prifoner; but, having recovered his faddle, he fought fo valiant-
ly, and animated his men with fo much courage by his words and example,
that he contributed greatly to the victory. After this lofs the Scortifh army
retired to their own country, upon information that a body of troops from
Lancashire, and a party under the command of lords Percy and Neville, were
faff, approaching to the aid of their countrymen.

The following memorable year 1346, adorned the Englifh with the noblefb
triumphs, and was productive of the moft dreadful calamities to France and
Scotland. Edward, by a rare conjunction of public and domeftic felicity,
with a fourth part of his enemies numbers, gained an entire victory over the
French at Creffy, his own fpirit and good conduct being completely feconded
by the irrefiftible prowefs of his eldeft fon, afterwards known by the name of
the Black Prince, at that time a youth of fixteen years of age. After this
victory, Edward laid fiege to Calais, a very ftrong place, and the moft con-
venient key for admitting the Englifh into France. The bravery of the
governor .and inhabitants of this city, joined to its natural and artificial
ftrength, made it impoflible for Edward to reduce it, otherwile than by
blocking it up by fea and land. The king of France in thefe diftreifed cir-
cumftances, prevailed with David king of Scotland to invade England, as the
likelieft means of drawing off fome part of the Englifh forces from the fiege
of Calais ; and for his encouragement and aid, he lent him over confiderable
fupplies of men and money. Edward, on the other hand, apprehending a
ftorm from this quarter, made an attempt to divert it, by fending three of his
lords, Moubray, Rofs, and Lucy, with powers to offer to David, as the price
of his friendlhip, the reftitution of the town and caftle of Berwick, and alfo,
as the Scottifh writers relate, though this is by no means probable, to deliver
into his hands his rival Edward Baliol : but thefe tempting offer-, though
feconded by the advice of fome of his nobles, he rejected ; and being deter-
mined to aflift his ally and benefactor, he aflembled a parliament at Perth in
the autumn, which approved of his intended expedition into England. He
foon drew together a numerous army *, and in the beginning of October,
made his invafion by the weftern border. On his march thither, he took the
fortrefs of Liddel, and put the garrifon to the fword ; and fpreading terror and
deiolation all around him, in his progrefs

through Cumberland, and the

* The account given of king David's army by fome of the Englifh hillorian?, is abfurd.
Barnes fays, but does not give us his authorities, that it ccnfilled of three thoufand men at arms,
knights and efquires, thirty ihoufand common foldiers on geldings and galloways, beMdes fifteen
thoufand Genoeie crofs-bows, and French auxiliaries.

fouthern

ENGLAND AND SCOTLAND.

337

Southern parts of Northumberland, he advanced to the neighbourhood of D«w«iBru*,
Durham. The queen of Englind, hearing of the invafion intended by the ^' "J* ' 1 "^
Scots, fummoned the peers and prelates that were left in the kingdom to )i* r »-
attend her at York. With their afliftance, fhe foon auemtrfed a refolute body
of troops of about fixteen thoufand men : and, incenfed with the reports of
the ravages and devaluations committed by the fierce invaders, (he led thefe
forces againft David Brus, who was encamped with his army at Neville's
Crofs, near the above-mentioned city, waiting the approach of the enemy *.
The queen's army was formed into four divifions. The firfl; was commanded
by the lord Henry Percy, and under him ferved the earl cf Angus, the bifhop Froiflard, ib.
of Durham, and other noblemen of the north: the fecond, by the arch- """'^i'*'
bifhop of York, accompanied by the brave bifhop of Carlifle, and the lords
Neville and Hailing? : at the head of tire third were, the bifhop of Lincoln,
the lord Moubra, and Sir Thotms Rokefby: and Edward Baliol, attended
by the archbifhop of Canterbury, the lord Roos, and the fheriff of Northum-
berland, had the command of the fourth. Each of thefe divifions confifted
of about four thoufand men, having each a proportionable number of archers
and men at arms. Befides the forces above related, a ftrong and gallant party
under the command of lords Deincourt and Ogle, guarded queen Philippa;
who in the morning before the battle, after having rode along the ranks, and a. I7 ;
exhorted every man to do his duty, to maintain the honour of his king and
country, and to take revenge upon their barbarous invaders, recommended
her people to the protection of God, and retired to a fmall diftance from the
place of action.

The Scottifh army was divided into three bodies. The high fteward of Boece ' '• *5«
Scotland and the earl of March were at the head of the firfl : the fecond was Bulht'n.
led on by the earl of Murray and lord Douglas : the king himfelf commanded Fr <t< 5rd >'" »•
the third, compofed of the French auxiliaries, and the flower of the Scottifh °' ' s ' ' 3 '
nobility and gentry. While the Englifh army approached, lord Douglas and
Sir David Graham were difpatched with a party of horfe to obferve their
motions, but they were refolutely attacked by the enemy and driven back with
great lofs upon the main body of their own army. This unfortunate begin-
ning did not damp the courage of the Scottifh king, who longed for a battle,
and hoped to rival in fame his ilruftrious father king Robert •, he therefore
immediately commanded the trumpets to- found a' charge. The high fteward,
who led the van, being fore galled by the Englifh archers, rufhed in upon
them with fuch fury, that he foon drove them back upon lord Henry Percy's
divifion •, and the forces under his command plying that divifion vigoroufly,
with their battle-axes and broad fwords, threw theminto fo great diforder, that

• That queen Philippa affembled this army and marched in perfon againft the Scots, depends entirely
upon the credit of Froiffard, and the truth cf it is jufl.ly queftioned by Tyrcll : heobferves, that none
of the Englifh or Scottifh hiftorians mention the queen's being prefent, or having any thing to do at
this battle, or with what followed it. The Englifh hiftorians, he remaiks in his preface to his
third volume, fpeak of the archbifhop cf York, the lords Percy and Neville, as the commanders at
that battle, without faying one word of the queen's being there, or fo much as of her going down
to thofe parts ; which if true, fo memorable a citcumftance, he adds, could fcarcely have been
omitted by the authors who write the hiftory of thofe times, Tyrell, torn. iii. p. 535. Pref. p. 7.

X x they

33 3 THE BORDER- HISTORY OF

tdwardni. they muft have been entirely defeated, had not Baliol inftantly advanced to
._" "1 in j their afliftance, and broken in upon the Reward's battalion with a large body
i3i<>. of horfe. This timely aid turned the fcale of battle, and obliged the high

fteward to retreat •, which he did in a mafterly way, and without confider-
able lofs. Baliol allowing him to move off unmolefted, inftantly charged the
divifion under king David in flank, whilft it was engaged with another body
of Englifh in front. David fought gallantly, rallying his disordered men, and
encouraging them by his words and example : aihamed to iorfake lb valiant
a prince, his brave battalion threw themfelves into a circle around him, and
fuftained the combat with the greateft vigour, until not above eighty of them
remained alive with their king. Even in this defperate flate, and though he
had received two wounds, David refufed to afk quarter, hoping perhaps to be
relieved by the high fteward, and the divifion under the command of the earl
of Murray and lord Douglas. Defpairing at laft of fuccour, and feeing it in
vain to refill, he furrendered himfelf to John Copland, a Northumbrian
efquire ; who, the Scottifh writers relate, loft two of his teeth by David's
gauntlet -f-. The remaining divifion of the Scots, commanded by Murray
and Douglas, intimidated with the fate of their companions, and overpowered
with numbers, were foon put to an entire rout; Murray was (lain on the field,
Douglas was taken prifoner, and but few of their followers efcaped.
Knight. 2590, xhis battle was fought on the 17th of October, and lafted three hours, from
Boece. nine in the morning till noon. The Scots are faid to have loft fifteen thoufand

Fro irard. on t [j e fi^ . tne cn i e f of whom were, the brave earl of Murray, fo often

mentioned, the earl of Strathern, the lord David Hay, conftable, the lord
Edward Keith, marfhal of Scotland, together with the chancellor and cham-
berlain of that kingdom, the lord Philip Meldrum, the lord John Stewart,
and Allan Stewart his brother, Sir Alexander Bothwell the king's ftandard-
bearer, Sir Alexander Ramfay, and many others of diftinction. The men of
principal rank among the prifoners were, befides the king, the earls of Fife,
Sutherland, Menteith, Carrick, and Wigton ; the lord Douglas, the bifhops
of St. Andrews and Aberdeen, James Douglas brother to lord Douglas, S,ir
Malcolm Fleming, and many other knights and gentlemen. Copland con-
veyed the king privately to the caftle of Ogle, of which he was governor.
There he detained him till he received Edward's orders to deliver him up to
Sir Thomas Rokefby, ftieriff of Yorkfhire, by whom he was conveyed to the
Tower of London. For this eminent fervice Copland was created a knighc
banneret, and for fupporting the dignity of that rank, received a grant of
500 1. a year, 400 1. of which was to be paid out of the cuftoms of the port
of London; and 100 1. out of thofe of the port of Berwick, until provifion

+ Though the Scots, and moft of the Englifh hiftorians fay, that David was taken prifoner on
the field ; yet Knighton, with great probability, relaies, that feeing the day loll, and being wounded
by an arrow on the head, he endeavoured to make his efcape to Scotland by flight; but being
purfued by Copland, he was taken prifoner near a place called Merrington, and conveyed thence
privately to the caftle of Bamburgh in Northumberland. Knighton, 2591. Moft of the other
hiftorians relate, that king David was conveyed to the caftle of Ogle in the above-mentioned
county.

fhould

ENGLAND AND SCOTLAND. 33g

lhould be made for himfelf and his heirs, of rents of land, or other revenues, DjT ' J Bru '»
of equal value, in fome convenient place *. The lofs of the Englifh in this i ^°'_ Sc ° tla ™*'
engagement is not particularly mentioned. Knighton relates, that only four jh*.
knights and five efquires fell on the field; and we learn from Dugdale, that
the lord Ralph Haftings was in this battle mortally wounded. So great a
victory however could not be gained without blood, and the number killed
on the fide of the Englifh, though not taken notice of by their hiftorians,
mull have been confiderable.

Scotland being deprived of its natural head by the captivity of its fovereign,
the guardianfhip of that kingdom came again into the hands of Robert the
high lteward •, who, together with the earl of March, had returned in lafety
from the battle of Durham, but not without fufpicion of periklioufiy deferting
the king. This charge was imputed with the greater appearance of truth to
Robert, as he was heir apparent to the Scottifh throne. But the terrible
blow which the Scots had received, could not foon be recovered. Baliol, who
had a very confiderable, if not the chief command in the late battle, and who
by his courage and conduct had contributed greatly to the victory, failed not
to improve the vaft advantages he had gained. Purfuing the fcattered remains Br*-«, i.i<«
of the Scottifh army over the marches, he regained, during the courfe of this ^"^ n "
year, the fortrefies of Roxburgh and Hermitage-, with the counties of Mers, i" 9 t '' P *
Tiviotdale, the foreft of Etterick, Annandale, and Tweddale ; fo as again to Hj|,Sc - Hift -
extend the Englifh limits (for all this tract of country he had long ago yielded
to the king of England) to Cockburnfpath and Sowtray. In the following a. d. 1347.
year, while Baliol, at the head of twenty thoufand men, entered Scotland by
Carlifle, the lords Henry Percy and Ralph Neville invaded it with an equal
number of forces by the way of Berwick; thence they penetrated into Lo-
thian and Clidefdale, while Baliol carried his arms into Nithfdale and Carrick.
At laft the two armies joined, and directed their march towards Perth. But
their progrefs feems to have been ftopt by the truce that was agreed on between R ,j^ f - lS -
the kings of England and France foon after the furrender of Calais; in p. 583.
which truce the Scots were included.

This truce was, by feveral renewals, prolonged for near eight years, not with-
out the ulual infringements of it on the part of the borderers. On the Scots A - D - '34s.
propofing to enter into a treaty with Edward for the redemption of their cap- 2/97. t,p "
tive king, they were told, that previoufly to any tranfadtion of that nature,
they muft make compenfation for the infults and damages they had, in

* Froiflard relates, that, for Tome time after the battle, it was not known where king David was,
nor that he was taken prifoner. But that, as foon as the queen underliood he was in Copland's cuitody,
ftie difpatched a purfuivant to him, with orders to bring his prifoner immediately to Durham ; and to
let him know, that he hnd not done his duty in carrying him off the fielJ. To which rr.eilage
Copland returned a very refolute anfwer : ' That as for the king of Scots, he would be anfwerable
' for his fafe keeping, but he would not deliver him up excepting to his fovereign lord the king,
• or his order.' The queen, difpleafed with this anfwer, wrote bitter complaints over of Cop! r,d
to the king ; upon which Edward ordered him to Calais, which he was then befieging: Copland,
on his arrival, vindicated his conduct in Ic plain and brave a manner to the king, that Edward was
•entirely fatisfied with what he had done, ihd rewarded him as mentioned in the text. FroifTard,
c. 139.

X x 2 violation

34°

THE BORDER -HISTORY OF

Ford. 1. 14,

Edward in. violation of the truce, been guilty of towards his fubjects and territories. This
>.'" " & ' '. anfwer provoked the Scots to frefh outrages. Entering fuddenly the marches
»34». of England in confiderable bodies, they laid walk the country by fire and

fword; and carrying off many prilbners, extorted extravagant fums for their
ranfom. The Englifh wardens, feeming for a while to neglect thefe injuries,
proclaimed a great tournament to be held at Berwick; to which many of the
Scots fecurely reforting, without dread of danger, were fuddenly attacked by.
a body of Englifh placed in ambufh, who killed fome of the Scots and made
others prilbners. But one of the moll general and dreadful plagues recorded
in all hiftory, breaking out this year in England, and the next in Scotland,
where it is faid to have deftroyed about a third part of the inhabitants, gave a
check to the ferocity of the contending nations; (b that the truce was thence-
forth better obierved -f-.
a. d. 1355. Soon after the expiration of the truce, hoftilities were renewed in France, both
J unei +- on the fide of Gafcony and Picardy. The Black Prince commanded in the
former province, and Edward himielf made an invp.lion From Calais. The
king of France John, who had five years before iuceeeded to his father
Philip, in order to engage his allies of Scotland to make a diver fion in his
V.& ' favour, lent over Eugene de Garentiere,. an eminent French knight, with st-

feledf. band of fixty men at arm?, and 40,000 cfov/ns, to be expended in.
levying and maintaining a body of regular troops. This fum the guardian
and nobles of Scotland chofe to lhare among themfelves, and to purfue the
old method of haraffing the Englifh by fudden and frequent attacks and-.
inroads. Patrick earl of March and lord William Douglas J, having united
their forces in an expedition of this kind, lent Sir William Ramfay of Dal-
houfie, a knight of approved valour, with a party before them, over the
Tweed, to burn and plunder the populous village of Norham, and the country
adjacent : Ramiay effected this, and knowing that a. confiderable body of the
enemy were approaching, he allowed them to come io near as to encourage
them to a purfuit, and then fled before them as far as Niibit-moor in the
Mers. There the Scots were lying in ambufh with their main force, and the
French auxiliaries; and the Englifh being unexpectedly attacked by fuperior
numbers, were, after a gallant refiltance, put to the rout. Sir Thomas
Gray, with his fon and heir, Sir James Dacres, and other confiderable

"T Tf Knighton is to be credited, the Scots were acceffory to the bringing of this calamity uj-on
tr.rmfelves. Hoping to avail themfelves of the ptlUtnce that depopulated England, they ap-
po.T:!ed a rendezvous in the foreft of Selkirk in 13.40, and invaded the Englilh border: but before
they made any confiderable progrefs, five thoufand of them dropt down dead; and many of them
were cut off by the enemy, who had drawn together a confiderable body to oppofe them. Thole
who elcaped, carried the infetfion to their own country. And thr> dreadful contagion is faid to
have raged in Scotland with as much, if not with greater, violence, than in any nation in Earopc,
Knighton, p z-6oo.

J This lord William Douglas, afterwards earl of Douglas, had, two years before, murdered the
famous Sir William Douglas lord of Liddildale, fo often mentoned, as he was hunting in the
foreft of Jedburgh ; in revenge, as it is faid, of the death of Sir Alexander Ramfay. This murder
was confidered as the more atrocious, becaufe lord Douglas was the godfon and near relation of
Sir William. Ford. 1. 14. c. 8.

I Englifhmen s

ENGLAND AND SCOTLAND. 341

Englifhmen, were made prisoners ; and on the fide of the Scots, two brave D *yj '"J*,
knights, Sir John Haliburton, and Sir James Tumbull, were (lain. iL*-T- . _f

The Scots encouraged by this fucccfs, ibon after formed a fcheme for the «3«:.

recovery of Berwick. Thomas Stewart earl of Angus, in concert with the pj «f. '
earl of March, having collected a great number of (hips from different ports
of Scotland, filled them with brave warriors, and in a dark night difembarked
thefe on the northern fide of the mouth of the Tweed. From thence they
moved unobferved to the foot of the wall, and in the dawn of the next morning
applied their fcaling-ladders at the' port called Cow-gate. The firft who gained
the fummit of the wall was William Towers, who being bravely followed by
his companions, the Englifh that were on guard were quickly overpowered,
though not without making a ftotit refiftance ; wherein Sir Alexander Ogle'
captain of the town, with two other Englifh knights, were killed. The B " Kf » '• 'Si
vidlors loir in this afiauk ftx knights of note*, befides a confiderable number
of inferior rank. The bulk of the townfmen, receiving the alarm in their
beds, betook themfelves-to flight in the utmofr. confirmation, feeking the
neareft ways of elope through the other gates, or over the walls : many of
them got into the caftle through Douglas Tower; and the whole wealth of
the town, which is faid to have been very great f, being thus abandoned,
became la prey to the Scots. The Englifh in the caftle i nmediately fought
the counfel and aid of Sir John Copland (heriffof Northumberland, the fame
perfon who. had taken David king of Scotland prifoner at the battle of Dur-
ham. And it was in concert with him refolved, that a fufficient number of
men, feeretly introduced into the caftle, fhould in the night-time endeavour re-
enter the town through Douglas Tower, and furprife the Scots garrilbn. But
the Scots having received intelligence of this defign, affaulted and took.
Douglas Tower, and defended both the town and tower againft thole in the
caftle, and the forces that had come to their aid : but the affaults that the
Scots made on the caftle were all to no purpofe. Garentiere the French
knight, and his followers, diftinguifhed themfclves in thi3 redu&ion of Ber-
wick; and Robert Stewart the guardian, having foon after come to fettle the
affairs of that place, carried the Frenchmen away with him ; and after paying
them all due honours, lent them over to their own country.

But this acquisition of the Scots was of fhort duration. The great im-
portance of Berwick in thole days appears from the ardor of the Englifh king
to recover it; for, having received intelligence, while yet in France, of the R ym . -.(,!.,,„
fnccefs of his enemies, he returned into England with ail poffible expedition; ?■ s * 8 '
and though his parliament was then fitting, he ftaid only three days in his
capital. Purfuing his march northwards, he arrived at Durham on the 23d of
December; from whence he iffued his fummons to all the fighting men of.
the feveral counties of his kingdom to attend him at Newcaftle on the full of
January. Having kept bis Chrifhnas at the laft named town, he marched A - D ' **A

* The names of thefe knights, according to Boece, were, Sir Thomas Vaux, Sir Andrew Scot
of Balw:rie, Sir John Gordon, Sir William Sinclair, Sir Thomas Prefion, and Sir Alexander
Mo b v a'.

■\ Autq tif crgenta et divitiis infnitis, ate Fordun's words,

from

342 THE BORDER-HISTORY OF

K ™ ll J 11 - from it at the head of his army, and came before Berwick on the 14th of

' . , ' ° " 6 a " '/ January. His navy having alfo arrived in the river's mouth, he laid fiege to
»35«. the town both by land and^fea. As the caftle ftill held out for him, he went

io"-!.' 1 ' P ' into it in perfon, accompanied by his guards, defigning to let down the draw-

Arafcutjj bridge, and to attack the town on that fide, while his army affaulted other

parts of the walls. Sir Walter Manny, alfo, one of Edward's moft celebrated
captains, was employed in advancing a mine below the wall, by the help of
certain miners who had been brought from the foreft of Dean. The Scottilh
garrifon, judging it impofiible to hold out the place, againft the combination
of force and art that were employed to reduce it, foon offered to capitulate ;
and were allowed to march out with fafety of life and limb. Such is the
account given of this event by the Englifh hiftorians. The Scottilh writers

Boew. f a y, that the garrifon of their countrymen, on hearing of Edward's approach-

ing with a great army, abandoned the town before his arrival, having firft
plundered it, and beat down its walls.

Edward, leaving at Berwick a fufiicient number of men for a garrifon, and

for repairing the fortifications, advanced farther into Scotland with his army,

divided into three different bodice The king himfelf refided fome time in

Jan. io. the caftle of Roxburgh, where Baliol made a formal furrender into his hands

P . 831—843. of his whole right to the kingdom of Scotland, by delivering to him his
crown and fome of the foil of the kingdom. He alio yielded to him all his
family eftate, both in Scotland and Hngland, declaring him his univerfal
heir; and in return for thefe grants, Edward fettled upon him an annual
revenue. Baliol's old age, want of heirs of his body, and above all, the con-
tinued obftinate rebellion of his fubjecfs, are mentioned as the grounds of this
refignation in the deeds attefling it, which are ftill preferved in the Englifh

Knighton, archives *. It is alfo related, that while the king was at Roxburgh, he was

amufed by a propofal from the earl of Douglas, and others of the Scottifh
nobles, to treat with him about fubmitting to his authority ; and that they,
having by this means obtained a refpite from hoftilities for fome days, em-
ployed that time in tranfir rting their moveables of chief value beyond the
Firth •, and that afterwards they lent the king a defiance. Hereupon the king,
greatly incenfed, advanced with his army to Haddington, every where ravag-
ing and deftroying the country in his way. But befides being continually
haraffed by fmall parties of the Scots, he found the country utterly deftitute
of provifions ; and in particular, for fifteen days, his army had no other drink

Bosce, u_ 15. but water. To complete his diftrefs, a fleet that he expected to arrive with

Holing, tog. r .., .. , *■-, r\_ i- r

chron.p. 055. provifions and other neceffanes in the Firth, was by a violent tempelt dil-
perfed and dcftroyed. Thefe difaftrous circumftances made the king lofe all
temper, and in retiring from Scotland, where it was row impoffible for him

* From the papers relating to this tranfaftion it appear?, that the king's two (on?, Lionel and
John, at that time earls of Ulfter and Richmond, were with him at Roxburgh. They are men-
tioned as witneflis to feveral of thefe deeds next after the bilhop of Durham. The abbots alfo of
the great border monafteries of Melrofe, Kelfo, Jc-dwonh, and Driburgh, are in the lift of thofe
wrtnefles. Two of the deeds are dated at the cattle of Bamburgh. Baliol died at Doacafter in

ENGLAND AMD SCOTLAND.

to continue any longer, he discharged his wrath on Edinburgh, Haddington,
and the other open towns in I lis way, reducing them all to allies : in memory
whereof, the Candlemas of that year, about whkh time this devaluation
happened, was long after known by the name of the Burnt Candlenms. Soon
after his arrival in his capital, he iflued orders to the earl of Northampton, p March . " 5#
whom he had appointed his warden and lieutenant on the marches, and alio j>. 846.
to his chancellor and chamberlains of Berwick upon Tweed, and to his Sheriffs
of Berwick and Roxburgh, to caufe public proclamation to be made in proper
places within his kingdom of Scotland, of his fixed intention and will, that the
inhabitants of that kingdom fhould continue to be governed by the fame laws and
cuftoms that were eftablifhed among them, before the kingdom came into his
hands by the resignation of Baliol. "With the fame view, however fruitlefs, ib. 854.
of gaining the affections of his Scottifh Subjects, he directed fome time after,
to the chancellor and chamberlain of Berwick, a confirmatory grant of the
liberties and privileges of the men of Tiviotdale ; declaring it to be his plea-
fure, that the inhabitants of that country, in confideration of their good
behaviour and ftedfaft adherence to the king, from the time that they became
Subject to him, Should be maintained in the full enjoyment of all fuch liberties,
privileges, and cuftoms, as they had poffeffed, and peaceably and realbnably
ufed, during the reigns of Alexander III. and his predecefibrs, and from that
time, down to the period of their becoming Subject, to the king of England!.
Thefe liberties are mentioned as having been enjoyed by them both in Ber-
wick and in other places of Scotland ; but no particular is let forth, of thofe
privileges which the king did thus ratify.

The progrefs of this year was fignalized by the battle of Poicliers, wherein
the English, under the heroic prince of Wales, though not with a Sixth of
the numbers of the French, gained a complete victory over them ; and their
king was taken prifoner. In the March of the following year, a truce for two a. d. 1357.
years was concluded between England and France, at the earneft interceffion of Rvm - tj01 « «*
the Pope. This truce did, as uiual, comprehend the Scots, and paved a f
way for renaming a negociation, which had Several times before been under-
taken without fuccefs, for reftoring the captive king of Scotland to his
liberty. Six years before, upon hoftages of fome of the greateft of his
fubjedts being fent into England to fecure his return, he was allowed to go
into Scotland, to concert with the community of his kingdom the terms of
his redemption ; but he found it impoSTible to reconcile them to the condition
long infifted on by Edward, of his doing homage to him for his kingdom.
The nation was alio fo exhausted by all forts of calamities, and fo destitute of
any profitable commerce, that it was not in their power to advance a large
turn for a ranlbm. David therefore, after Staying fome months with his
fubjects, found himfelf under the mortifying neceffity of returning again a
prisoner into England, and was exchanged with his hoftages at Berwick about
the Eafter of 1352. In this, and the three following years, the treaty for
David's redemption was renewed at Newcastle -, and Edward, having at laft
defifted from his claim of homage, the Scots agreed to pay 90,000 merks
Sterling, as the ranfojn of their king. The payment was to be completed m
8 nine

34+ THE BORDER-HISTORY OF

EVfE^Pd nine years ; during which there was to be a truce between the kingdoms-, 'Hid
t_V - _ .■- -)j twenty lioftages were to be fent into England for enfuring the fulfill ent of
US7- this contract. The whole of this agreement was confirmed by a fubfequent

meeting of commiffioners from both kingdoms, at Berwick in November,
and a day was fixed for another meeting at Berwick in January, to proceed to
the execution of the articles agreed upon. Edward and his ion the prince of
Wales ratified each of thefe contracts. But the guardian and dates of Scot-
land, probably influenced by France, refilled their fanction, and did not fend
Rym. vol. vi. the hollages into England. At length, after an interval of almoft three
?- 3 ! >— 5- yca-s, this negociation was refumed with fuccefs ; and the main articles having
been agreed to at London, between the king of England's council and
deputies lent thither from Scotland, Berwick was again appointed to be the
place for completing and perfecding it. The Scottifh plenipotentiaries, com-
miffioned by Robert Stewart, the guardian, in full council of the kingdom,
were, the bilhops of St. Andrews, Caithnels, and Brechin, the earl of March,
Sir Robert Erfkine, and Sir William Livingflone. There were alfo other
commilTicners from the clergy, the nobility, and burghs, all furnifbed with the
mod: ample powers. The commiflioners from the king of England were, the
archbifhop of' York, the bilhops of Durham and Carlifie, and the lords
Percy, Neville, Scroop, and Mulgrave. Thefe all met at Berwick, and David
©tl. 3. was conducted thither, to attend the congrefs. The final agreement concluded
between them was, that king David mould be releaied for the ranfonv of
100,000 merks fterling, to be paid yearly, during a truce now agreed to of
ten years-, whereof the fir ft payment was to be made at the term of Mid-
fummer next, and the reft at the fame term in the fo lowing years -, all of them
at Berwick, if that place continued in the hands of the Englifh, if not, at
Norham, or if it pleafed the king of England, at Bamburgh ; that, for fecurity
of fulfilling this treaty, David ihould deliver to the king of bngland twenty
hoftages, heirs of the chief families of his kingdom *, and that three out of
eight of the principal nobles of the kingdom, whofe names are mentioned
in the treaty -f-, fhould alfo enter themfelves hoftages on the delivering up of
the king, not to be relieved otherwiie than by others of the fame number
fupplying their place; fo that three of them were always to be hoftages in
England, until the payment of the king's ranfom fhould be completed ; that
on failure of the payment at any of the terms, David fhould return to England,
deliver himfelf prifoner, and remain fuch, till all the arrears due were dif-
charged. Thefe, and fame other articles of lefs moment, David was bound to
confirm by oath, and folemnly to declare himfelf infamous and degraded from
all his dignities, and his fubjeeds releafed from their allegiance, if ever he
fhould pre fume to infringe this treaty. The king alfo, with his prelates,
lords, and merchants, fubjected themfelve3 to the higheft cenftires of the

* The principal of whom .werr^ the heirs of Robert, Steward, of Scotland, of the earls of
Sutherland, March, and Wigton, and of the loids Cunningham, Graham, Livingilone, and
'Erfkine. Rymer, vol. vi. pi 47, 48.

-j- Thefe were, the Steward of Scotland, the earls of March, Marr, Rofs, Angus, and Suther-
land, the lord Douglas, ar.d Thomas Murray. lb. 48.

church,

Nov. 6,

P «f

A. D. 1360,

ENGL A'N D AND SCOTLAND. 345

church, if they fhould fail of paying the money in the manner agreed upon ; DwidBrut,
and each of then obliged himfelf as a principal debtor, for payment of the ?" °' S "'' '."^
whole fum. This treaty, two days after concluded, was ratified by David, 1357.
now confidered as reltored to his full liberty, and alio by the deputies of the
three eftates of his kingdom. About a month after, the fame was done at
Scone in a full parliament of the whole kingdom, and about the fame time it
was ratified by the Englifh king at London *.

But it foon appeared that David and his fubjects had brought themfelves
under an obligation, which it was impoffible for them to fulfil •, fo exhaufled
was Scotland by a long feries of calamities, fo fmall its fhare in commerce or
the arts, and fo difficult was it, in the rude ariftocratical conftitution of the
times, to tax the revenues of thofe who were beft able to fupply the public
neceffities. The firft payment however was made at Berwick at the time
prefixed. A lecond payment was made in the year following, after a delay R^ m , i m. 5 vl ,
from Midfummer till Martinmas, obtained by the interceffion of the Scottifh p-9«-
queen with her brother. It appears, that David in thefe ftraits had recourle ib.',, 7 . ,3S9
to Charles, Dauphin of France, and regent of that kingdom, during his Aberc.voi.tf,
father's captivity in England, and that Charles engaged to fupply him with
50,000 merks, that by expediting the payment of his ranfom, he might the
fooner recover his hoflages, and be in a condition to affift his ancient ally, by
renewing the war with England. But this treaty was rendered of no effe<5f. by
the formidable invafion of France, which Edward made in the following year,
and by the celebrated good faith of Jchn in obferving the treaty of Brctigny,
which reftored him to his liberty at the price of many of the beft provinces of
his kingdom, and a vaft fum of money befides. David, therefore, was ftill
kept in a diftrefsful dependence on the king of England; to put an end to R ym . tom. vi,
this, and at the fame time to eftablilh a perpetual peace between the neigh- p-4»6-
bouring nations, a remarkable plan for effecting an union of them, was fome
years after drawn up at London, in prefence of the two kings, by the privy AeD l6
counfellors of each j. In this project, it was agreed, that David fhould pro- Wv, » 7 .
pofe to the communities of Scotland J, that if he fhould die without heirs of
his own body, they fhould content that the king of England and his heirs
fhould fucceed to him in the throne. And on their thus fettling the fucceffion,
the king of England, befides forgiving the whole arrears of David's ranfom,
propofed immediately to reftore the town and caftle of Berwick, the cafil.s of
Roxburgh, Jedburgh, and Lochmaben, with the country in the neighbour-
hood of each, and all the other lands itill poffeffed in Scotland by the Englifh.
And Edward did not only agree to reltore thefe late acquifitions, but con-
fented to put the king of Scotland in poffeflion of the greater part of thofe
lands and rents which his anceftors had enjoyed in England, with an equi-
valent for the remainder, to be affigned him in a convenient place ; and with-

• Fordun relates, that David, upon his return to Scotland, in confequence of a private promife
to Edward, demolilhed the catties of Dalfwinton, Dumfries, Morton, and Durifdere.

■J- The record fays, Parle fu en mancre qefenfuyt entre les prit'iz Conjieux d;s ditz, Rois.

j The three bodies of prelates, baron:, and burgeifes, are htre meant. Towards the er.d of
this paper, the/ are exprefsly called the three communities of Scotland.

y r out

F-.r l.m,
E..

34 6 THE BORDER-HISTORYOF

Edwarftii. out paying any fervice to the Englifh but what was due for thefe lands. He

.0 n B an j ff ei - e d farther to preierve the name, and to maintain the conftitution, laws,

1363. and privileges, whether civil or ecclefiaftical, or Scotland, t> continue as a

kingdom, ttill diftrnfl: from England, though under the fame head. Al hough

this plan was perhaps never fully matured, yet we are a fibred by the Scottilh

hillor ans, that the project of uniting the kingdoms under the Englifh king

and his heirs, in cafe of David's having no heirs of his body, was propofed

hy the latter to his parliament*. David was earneftly defirous to free himfelf

from the bondage he was kept under by the debt of his ranfom ; and it is not

improbable, that his own averfion to Edward was in fome degree overcome,

by the humanity and politeneis wherewith he was treated during his captivity,

and for which the court of England was in thole days very illultrious. But

the bulk of Scotfmen could regard Edward in no other light than as the

gr ate- ft adverlary, and molt cruel fcourge of their country. It was therefore

nothing wonderful, .that this propofal of David was rejected by the Scots, as

Bucban. we are informed by their hiftorians, with general indignation.

a. 0.1315. Suon after a new agreement was concluded, by which, on account of the

May Sfcp . o ,.".'.

Rym vol. vi. failure of David in the annual payments, to which he and his fubjects were
p ' ^ 64 ' bound by the treaty of Berwick, and in order to free themfelves from the

penalties they had incurred, they engaged to p3y 100,000/. in the fpace of
twenty-five years, by equal yearly proportions, at the places appointed in the
former treaty. The payments were regularly made at Berwick for four years,
during which, a truce had been concluded between the two kingdoms, with
liberty to each king, under certain conditions, to renew the war at the end of
that period, on giving a half year's warning to the other, and on forfeiting
a.d. 1359, certain advantages he would otherwiie have enjoyed. But about the expira-
tion of this truce, war broke out afrefh between England and France •, and
Edward, apprehending that the French would engage their ancient allies to
invade England, 11 fed the precaution of fending a conliderable number of
forces to the northern frontiers. He alfo re-inforced the garrifons of Nevv-
caftle, Berwick, Roxburgh, and the other fortreffes near the borders. David,
„ , • however, was prevailed upon to renew the truce for fourteen years, in the

JKvm. vol. vi. » 1 1 1 '

p.6 3 ». courie of which he was bound to pay 56,000 merks, by equal yearly pay-

* David would be induced to confent the more readily to this treaty, as he was in bad terms

with his nephew Robert Stewart, for defining him. as he fuppofed, at the battie of Durham.

The year after his relu n, in a parliament which David then held, he changed the order of fucccfiion

to the crown, transfeiring it from Robert, to the fon and heir of the earl ot Sutherland, his nephew

.. -,-_,■•, by a younger filler; which young noulem n died foon afterwards of the plague in England,

e °'- whither he was fent as an hoftage for the payment of his.uncle's ranfom.

David's queen, Jane, filter to Edward, died at her brother's court, in the end of the year 1358;
and he had married about this time Margaret Logie, a private gentlewoman, but much celebrated
for her beauty, whom he afterwards repudiated. Perhaps this marriage, as Guthrie, in his hiftory
of Scotland, obferves, was not known till the treaty was near its conclusion. For after the agree-
ment was drawn up, the Englifh commiffioners flarted the following quellion : what equivalent
Edwaid was to have for the cefiion of the town and caftle of Berwick, and for all the oilier places
and lands, he was to relinquifh, if Dai id fhould have heirs of his own body? It does not appear
from the record, what anfwer was given to this quellion. It looks, as the above quoted author
remarks, as if Edward was in no pain on account of the profped of David's havisg children.

mentsj

ENGLAND AND SCOTLAND.

347

merits, as the remainder now due of the ranfom that had been agreed upon Dav " d Brus .

by the treaty of Berwick ; the king of England being glad, for the fake of , K - ofSco " an<i ;

fecuring the quiet of his Britifh dominions, to make fo large an abatement 1369.

from the fum which David had engaged to pay him by their laft agreement.

He alfo contented, that the fubjecls of David who claimed a right of heritage

to the lands or pofiefiions held by the fubjects of the Englifh. king, in the

fhire of Roxburgh, fhould, during this truce, draw half the rents and profits

of thefe eftates, according to a jult eftimate made of their value by proper

perfons chofen by each party. The annual payments were now reduced to

4000 merks, and the firlr. of them was made at Berwick, at Candlemas in the AD ' '37°.

following year; but David having found fome inconveniency in making the ' 54 ' 5S '

payments at Candlemas, obtained from Edward, the favour of a delay in thefe

payments from Candlemas until Midfummer, which they agreed fhould be the

term of payment during the fubfequent years of the truce.

The year following concluded this unfortunate prince's life and reign, which, r^ ' 13 ' 1 "
almoftfrom beginning to end, had been obfcured and oppreffed by the greatly
fuperior power and glory of his neighbour.

David, leaving no iffue, was fucceeded by his nephew Robert, the firft of Robert stew»r--,
the royal line of Stewarts, agreeably to the fettlement of Robert Brus, whofe
grand fon he was by his eldeft daughter Marjory. The new king continued
to maintain the truce with England, and to make the annual payments of the
arrears due of king David's ranfom. But though there was no open or
declared war between the nations, the borderers could not be reftrained from
their accuftomed outrages. At a fair held at Roxburgh in Auguft, to which Buch ' n '• 9-
multitudes of people were wont to refort from both kingdoms, one of the F.rd.'voi a,
followers of George Dunbar earl of March, was (lain by fome of the Englifh. '■ l ^ ,c ' J7> 3 8 *
The earl applied to lord Henry Percy, warden of the Englifh marches, for
redrefs of this injury, by delivering up the offenders, or inflicting due punifh-
ment upon them agreeably to the border-laws. But no fitisfactory return
being made to this demand, the angry Scottifh chieftain refolved en a cruel
revenge. Waiting the return of the fair in the year following, he and his a. 0.1372.
brother the earl of Murray, accompanied by a confiderable body of their
friends and followers, attacked the town by furprife, killed all the English-
men they found in it, fet it on fire, and carried off in triumph its fpoiis. The
Englifh borderers, in refentment of this outrage, foon after entered Scotland,
and ravaged the lands of Sir John Gordon, which probably lay neater the
place of their inroad than thofe of the earl of March. Gordon foon made
repayment in kind, by an incurfion into the Englifh borders •, but as he was
returning with many prifoners and a great train of cattle, he was attacked at
Carham by a fuperiour force, under the command of Sir John Lilburn. The
conflict was fierce, and its decifion long doubtful; the Scots being driven from
their ground, and returning again to the charge five different times. At laft,
howeve , they prevailed, and added to the number of their prifoners, Lilburn,
his brother, and many of their followers. Lord Percy the bnglifh warden, to
revenge thefe lofles and infults, entered Scotland at the head or feven thou fa nd
men, and having croffed the low country of the Mers through one of its molt

Y v 2 fertile

348

THE BORDER-HISTORY OF

Edwaram, fertile fpots, encamped at Duns. But his farther progrefs was fiopt by a con-
K.pf.Engi att d. trivance f t j ie fhepherds and peafants in that neighbourhood, who bethought
ij-i. themfelves of employing, in defence of their country, a very fimple fort of
machine, which they commonly made ufe of to fright away from their corn,
the deer and wild cattle that then abounded in the hills of Lammerrhuir.
Thefe were a kind of rattles made of pieces of dried fkins, diftended around
ribs of woods, that were bended into a femicircular form, and fixed to the
ends of long poles. The bags, being furniihed with a few hard pebbles, and
viooroufiy ihaken by a rapid motion given to the poles, made a hideous noife :
and an unufual number of them being thus employed on the tops of the adja-
cent hills, the horfes of the Englilh took fright, and breaking away from their
keepers, ran wildly up and down the neighbouring fields, where they became
a prey to the people of the country. The army alfo, awakened with the
ftrange noife, and finding themfelves in the morning deprived, not only of
their war-horfes, but of many of their beafts of burden, retired on foot
towards the Tweed in precipitation and diforder, having left their baggage
behind them. The fame day, Thomas Mufgrave, governor of Berwick, as
he was carrying fome fquadrons of his garrifon to join the army under Percy,
fell into an am bum prepared for him by Sir John Gordon. Being furrounded
before he was aware, and attempting in vain to efcape by flight, he, and the
body he commanded, were made prifoners*. About this time alfo, Sir John
Johnfton and his followers made incurfions on the welt borders, and wafted and
deftroyed the country as much as ufed to be done by the ravages of regular
armies. .

There are no events belonging to our fubject, recorded as happening du-
ring the remaining five years of Edward III.'s reign. This illuftrious monarch
had fufficient experience, in the laft years of his life, of the vanity of human
greatnefs •, not only by the domeftic lofles of his beloved queen, and excellent
lbn, the Black Prince, but by his being deprived of all the towns and terri-
tories he had acquired in France, excepting Calais. The decline of his own
life, and of the prince of Wales's health, gave a favourable opportunity to the

* It is probable, that thefe exploits are either magnified or mifplaccd, according to the ufual inac-
Rvm vol. vi. curacy of the Scottilh hifiorians, as there is no memorial of them in the public aits. It appears from
p, 7 i 3 , their, that about the beginning of this year there were apprehenfions of an invafion from Scotland^

to repel which, the wardens were ordered to remain in the neighbourhood of the marches, and all
perfons who owed feivice in war, were commanded to abide in the country. And in the beginning
n i,«, °f 'he following year it appears, that there had been difTenfions between Henry lord Percy, and
Rvm. v'ol.vii." William earl of Dougln% which becaufe the wardens of the marches could not conveniently com-
p. 2 . pofe, on account cf Percy and Douglas being themfelves of this number, the king of England

found it neceffary to nominate commiffioners on his parr, to meet with others from the king of Scot-
land, to fettle thefe differences in an amicable manner, agreeably to the tenor of the truce then
IbiJ p 9. fubfiftingf. Commiffioners were alfo api ointed, in the fame year, to meet on the Monday after Mid-

fummer at Lyliot's-crofs, with the ufual charge and powers to repair the breaches, and punilh the
breakers of the iruce in the king's inarches of England, and his dominions in Scotland; and to
require and profecute redrefs ana puniuhment of fuch offences from the king of Scotland and his
fubjecls.

a * "h* ^ ^ ext ,ear a cor nrnifTion is granted lo perfons both more eminent and numerous, for the fame purpofe and for the

Auguft 19th, ,- ame rea f on# The particular fubjtfl of debate between thefe chieftains is there faid to be the foreft of Jedburgh, and
the profits thence arifing.

8 celebrated

ENGLAND AND SCOTLAND. 349

celebrated wifdom of Charles V. of France, feconded by the extraordinary 5. ob ^ s S *i w T'

military talents of his con liable du Guefilin, to exert themfelves in recovering J _.. j

the parts lately difmembered from the French monarchy ; and which it was A - D - 'in-
always much eafier for a king of France to attack, than for a king of Eng-
land to defend. The progrefs of this new war in France had been itopt by a r U ne*i».
truce which expired a little before Edward's death ; and the minority of Ri- Richard 11.
chard II. the fon of the Black Prince, who fucceeded his grandfather, in the K - o( Lr -z UrA
tisvtrnth v ??.r of hi? 8«Gj <-ave a frefh advantage to the French king for renew-
ing the war, and purfuing his conquefts. As the Scots were always by aiiec- Waifing. p.m.
tion in the intereit of France, it is probable that the revival of the war abroad,
may have been connected with a frefh dilturbance that happened this year
on the borders-, which, in its circumftances, nearly refembled that which was
lalt related. The borderers of the different nations having quarrelled at the
fair of Roxburgh, the town was burned by the Scots •, upon which the lord
Henry Percy, who at the coronation of Richard II. had been created earl of
Northumberland, entered Scotland at the head of ten thoufand men, and
during the fpaee of three days ravaged the lands of the earl of March. Com-
miffioners were appointed for quieting thefe diforders, and fettling mutual
reparation of injuries; and in the year following, the Englifh council named A< D _ f
plenipotentiaries to treat with the Scottifh king about a final peace. But on
the Thurfday before the feaft of St. Andrew, which was about the time that
this negociation fhould have begun, the caftle of Berwick was furprifed in the
night by feven defperate fellows from the neighbouring Scottifh border *. They Fordun.
killed the coflable, or governor, Sir Robert Boynton, but allowed his wife and w » lfin B t »»*
family to depart, exacting from them a ranfom of two thoufand merks fter-
ling to be paid in three weeks ; and obliged them, in cafe of failure, to return
prifoners to the caftle. The earl of Northumberland having complained of
this breach of the truce to the earl of March, the latter difclaimed any know-
ledge of it, and offered to join his forces to thofe of the Englilh warden, in
order to recover the place from the banditti who had feized it. Northumber-
land having, in the name of his matter the king of England, fummoned them
to furrender, they infolently anfwered, That they would neither yield it to the
king of England, nor the king of Scotland •, but would retain and defend it
againft all mortals for the king of France. Some of their friends and country-
men having joined them, increafed their number to forty-eight •, and this
determined band are faid to have defended the fortrefs eight days, againft feven
thoufand Engliifi archers, and three thoufand horfe, commanded by the earls
of Northumberland and Nottingham, the lords Neville, Lucy, Stafford, and
other Englifh noblemen. On the ninth day, after a long and furious affault,
during which the befieged loft only two of their number, the Englifh entered

* Fordun calls ihemfeptem malentes 'vernaculcf tnarchia. The names of fome of them, he fays, were
Lieghert, Artwocd, Grey, Hog, Hempfede, Jak de Fordun ; he fays, there were oilier two,
which makes their whole number eight. Perhapa the eighth was their leader, who, Abeicromby,
on the authority of H. Boethius, fays, was the brave Sir John Gordon. But lie who had the com-
mand when the place was ftormed, is called, by the Englifii writers, Alexander Kamfay. Aberc.
vol. ii. p. 178. Tyiell, vol. iii, p. 83-. 845.

the

350 THE BORDER-HISTORY OF

k R onEB 4 hL ^ ie \^ c . e * anc * P UC - a11 Wltmn " t0 tIie fword, fparing only the governor, that
^°-,-"j they might learn from him the defigns of the Scots. After thus reducing the
1378- cattle, the Englifli army marched into Scotland •, but the Scots, who were
then in arms, being inferior in numbers, and watching an opportunity of
attacking their enemies with advantage, declined appearing in the open field;
wherefore the Englifli generals fent Sir Thomas Mufgrave, a knight of Cum-
berland, with fix hundred men, as far as Melros, to difcover the fituation of
the Scots. But this party being fuddenly attacked from an ambufh of three
thouiand men, commanded by the earl of Douglas, Mufgrave, with more than
a hundred of his men, were made prifoners ; the reft being either killed, or

Froiirart. making their efcape by flight. Young Henry Percy, fon to the earl of Nor-

thumberland, afterwards lb well kno*-n by the name of Hotfpur, is faid to
have difplayed extraordinary courage, both in the fiege of Berwick caftle, and
in the fubfequent rencounter with the Scots.

Though the truce was ftill confidered as fubfifting, yet the borderers conti-
tinued their mutual inroads : and confiderahle advantages were gained by the
Scots, chiefly on the weftern border ; which feems to have been partly owing
to a plague that ravaged the north of England, and partly to a want of due
care in thofe who had the adminiftration of public affairs during the minority
a. d. 1380, of the king. At laft the king's uncle, John duke of Lancafler, the perlbn of
chief authority in the Englifh regency, and in right of his wife, the eldeft
daughter of Peter the Cruel, titular king of Caftile and Leon, was fent north-
wards with a great army, and full powers to regulate all border affairs, and to

Rym. vol. vVi. treat with the king of Scotland. Accordingly, the bifhops of Glaigow and

P . 263.277- Dunkeld, William earl of Douglas, George earl of March, and Archibald
Douglas lord of Galloway, whereof the three laft named were at that time the

ibid. 276, 277. wardens of the marches, met with the duke of Lancafter at Berwick* ; and
there, on the fiift of November, agreed to a fecurity, as they called it, or
mutual ftrict obfervation of the truce, uniil St. Andrew's day in the following
year; and that on the 12th of June, a march day fhould be held at Ayton,
where the duke of Lancafter, and the earl of Carrick, eldeft fon of the Scot-
tifh king, with a proper number of attendants, fhould meet, in order to a more
mature examination and full fettlement of all matters in queftion, relating to
the truce betwixt the two kingdoms. The Englifh writers complain of the
duke's allowing himielf to be amufed by the Scots, fo that no advantage was
reaped from this formidable expedition, wherein many "of the principal nobi-
lity accompanied him, and which is faid to have coll the public eleven thou-

Froirr.i. i.c 61. fand merks. But the duke's ambition of making good his title to the crown

R . y j,68. V 2 7 6?'' °f Caftile, which had prompted him to enter into an alliance with Ferdinand
king of Portugal ; and for the fupport of which claim he had obtained the
concurrence and aid of the Englifh parliament ; made him very earneft to

* The eails of Warwick and Suffolk, and others commiflioned by the king of Cartilc, had met
with thele Scottifh commillioners on the 17th of Oclober, and four following days, at Lyljotcrofs
M xtown, and Morhouflaw ; but it was judged more expedient for promoting the end of thefe con-
ferences, that the Scottilh commiflioners Ihould attend in perion on his Caltilian majefly at Berwick,
which they agreed to, upon fullieient pledges being given for their fafety.

J maintain

ENGLAND AND SCOTLAND. 35 t

maintain the peace both with Scotland and France, and is the true reafon of R ? ber - Stewart,
the great condefcenli )n he at this time fhewed to the Scots. K.ofScothnd .

The duke of Lancafter and earl of Carrick met at Ayton, on the day aTdTijSi.
appointed by the affurance concluded at Berwick. As the great obj eel of this
congrefs was to inquire, whether, and by whofe fault, the truce between the
kingdoms, concluded by the two late kings, had been violated, the Scots
were defired to declare the articles in which they judged it to be broken, and
alio their opinion concerning the moit equitable manner of taking cognizance
of the alleged breaches. The Scots, in anfwer to the firft requifition, con-
fined themlelves to the many notorious encroachments which they affirmed had
been made on the liberty of trade in England, which, by an exprefs article in
the truce, was allowed them. To this infringement they referved the liberty of
adding others, when the manner of trying them mould be fixed : and as co
this, they propoied that the feveral articles of violation fhould be tried, accord-
ing to the nature and weight of each, by a jury fworn of perfons, equal in
number and condition, chokn out of each nation. The Engliih declared, thac
if there were any fuch breaches of the truce, they were not made by their
fault-, and that they were ready to redrefs them to the utmoft of their power.
But as to the matter of cognizance propofed, they objected to it, as unufoal in
fuch high matters, and as derogating from the majefty of kings, to fubmit fuch
points to the determination of their own fubjects. They propofed, therefore, to
refer the matters in queftion to the arbitration of fome fovereign prince, which,
they affirmed, was often practifed in like cafes. To this propofal, the Scots
objected the inconveniency of attending in a foreign country the profecution of
fuch an appeal-, thedilhonour of feeking juftice abroad, as if they were incapable
of discovering it themlelves; the difficulty of finding a prince equally agreeable
to both, and the hazard of a foreign power founding a claim of fuperiority
and refort on an appeal of this nature; a danger perhaps little to be dreaded by
the Englifb, becaule of their great power, .but to which the weakriefs of the
Scots too evidently expofed them. Thefe difcuffiOns being carried on in a fuc-
ceffion of days after their firft meeting, they at laft came to an agreement ac
Abchefter., near Ayton, on the i 8th of the month, that the afiurance ihoukl
be continued until Michaelmas following, as had been concluded before at
Berwick, and from thence till Candlemas 1384 ; and that on the firft of July
j-3 S3, the duke of Lancafter and earl of Carrick, or in room of thefe, if law-
fully hindered, the fecond in dignity after them in each nation, fhould hold
another march-day at Lyliot's-crofs, in order to try again to determine the mat-
ters in debate between the two nations.

While the duke of Lancafter was thus employed in the borders, the mob
in the counties near London made that dreadful infurrection lb famous in the
Englifh hiltory, and which brought hidden deilruction on many of the chief
men of the kingdom. There was no perfon among thefe more hateful to the
rabble than the duke of Lancafter, whom they regarded as the chief author
of their oppreffions. They laid in afhes his palace of the Savoy, and had he
been within their reach, he muft have fallen a victim to their fury. Thefe.
circumftancesj probably unknown to the Scots, at lead much better known to

the

55 2 THE BORDER-HISTORY OF

Richard ii. ^fog duke, made him very condefcending in the courfe of this treaty * ; and as
K. ofE n S u an actional mean of gaining their favour, he gave them his obligation, that
1381. the annual payments of king David's ranfom fhould be refpited during the

Rym.voi. vu. continuance of the affurance. If the duke was. by this conduct confulting his
own fafety, it muft be allowed, that his meafures were at the fame time falu-
tary to his country. For an invafion of the Scots, in the prefent diftrefs of
England, muft have been extremely formidable ■, as the confufions in England
were not quieted till fome time after the conclulion of this affurance ; and «s
the duke had not only the fury of the commons, but the fpite of fome of the
nobles to contend with. He chofe to make Scotland his fanctuary ; and hav-
ing received letters of fafe-conduct and protection from the Scottifh king and
his nobles, he went to Edinburgh, where he refided until he found he could
return with lafety to his own country. During his diflrefs from the commo-
te K.coi 164a, tions of England, the earl of Northumberland had treated him difrefpeclfully j
and as he was upon his return, a freih provocation was given him from the fame
quarter. Northumberland, by virtue of his commiffion and inftructions, as
lord warden of the marches, had forbidden Sir Matthew Redman, captain of
Berwick, to allow any coming from Scotland to enter that place. By this
injunction Redman thought himfelf obliged to deny the duke of Lancafter and
his retinue the liberty of paffing through Berwick. The duke, greatly in-
cenfed, complained to the king. The earl no leis boldly defended every part
of his conduct -f. They both came to a parliament that met in the beginning
of November, accompanied with great numbers of their armed attendants ;
and it was not without much difficulty that the king compofed their quarrel,
by prevailing with the earl to afk the duke's pardon.
. _, * At the time agreed upon at Abchefter, the duke of Lancafter and earl of

Rym.voi.vii. Carrick came again to the borders. They met at Lyliot's-crofs, and conti-
$ 403. nued their conferences at Morehouflaw, from the 2d to the 12th of July.

They were principally employed in redrafting the infringements, which had
been made on each fide, of the affurance concluded two years before. Du-
ring that interval, the Scots had attacked the caftle of Wark, and demolifhed.
fome part of it. It was now agreed, that fix gentlemen of figure, chofen out
of each nation, with the advice of proper artificers and others, who had for-
merly been acquainted with the building, fhould prefent upon oath a juft efti-
mate of the fum requifite to repair the damage it had fuffered ; and that the
earl of Carrick fhould caufe that fum to be paid to the king of England's cham-
berlain, in the caftle of Roxburgh, within three months after the date of the
prefent agreement. In the instrument drawn up on this occafion, the other

* It mav perhaps be regarded as a mark of Lancafter's temporilr.g, that in this treaty with the
prince of Scotland, he does net afiume his t.tle ot king of Caftile, but contents himfelf with that of
duke of Lancafler.

f There is in the public afts an order from the king, dated 5th July, to the earl of Northumber-
land, toraife, in concert with the duke of Lancafler, a fufficient bedy of aimed men for the fecu.
rity of the duke's perfon againft the malice of his enemies, in his way towards the king; and the
earl himfelf is charged to accompany him. Rymer, vol. vii. p. 319. An order of the fame kind is
given to lord Neville.

breaches

ENGLAND AND SCOTLAND. 35 j

breaches of the afiurance are only mentioned in general, and ordered to be ^ k '/ S s " 1 w "J''
examined into and repaired with all convenient expedition, by the fevera.1 ._'" _ %
wardens *. And as to the other questions about the violations of the principal tj8j.
truce and manner of redrefiing them, formerly agitated at Ayton, the duke of
Lancafter declares, that he adheres invariably to what he there propofed. It
was farther agreed, that the afiurance fhould continue inviolate till the Candle-
mas following. And as it was declared in the original deed of the prefent
truce, that it was entered into, in the hope of fettling a fall peace, it was
agreed, after various conferences on this fubjecl, that the king of Scotland
iViould inform the king of England, by a letter to be delivered at Roxburgh
before the 8th of Auguft next, whether it was his pleaiure that a treaty of
peace fhould be held in England ; and upon his confent thus fignified, it was
agreed on the part of the king of England, that he fhould certify the king of
Scotland by a letter, delivered at Melrofe before the 8th of September, con-
cerning his pleaiure in that matter ; and alio where he intended to afTemble his
parliament : and in cafe of their mutual agreement to proceed to a treaty,
the king of Scotland fhould fend his ambaffadors with full powers and inftruc-
tions to the place of meeting of the Englifh parliament, which the Englifh
king was to call before Martinmas.

Thefe appearances, however, of a difpofition in the two nations to reftore
peace, were without effect, and any profefllons of fuch a difpofition on the
part of the Scottifh king even appear to have been delufive-, for on the 20th Rym. vol, »&
of Auguft he ratified by his oath, at Edinburgh, a treaty lately concluded with p-* 36,
Charles VI. king of France ; whereby the latter became engaged to fend an
aid both of men and money into Scotland, when that nation fhould enter into
an open war with England. As foon therefore as the truce expired, the Scots D
renewed hoftilities, and recovered in February the caftle of Lochmaben, which BuchV. 1. 9 ,'
had been long in the pofleffion of the Englifh. The lofs of Lochmaben made R U d 6 £* d i t j on
the latter anxious to provide Roxburgh with all things necefTary for its de-
fence, and to intruft it to the keeping of an able captain. But as Grayftock,
who was appointed to that charge, was upon his way to the caftle, with a con-
voy of ammunition and provifions, and alfo a great quantity of valuable
goods, and furniture of his own; the earl of March attacked the incumbered
train from an ambufh, and made an eafy prey of Grayftock himfelf, and all
that he carried along with him. About Eafter, the duke of Lancafter invaded
Scotland, and embraced the opportunity he had given him of fhewing his grati-
tude for the hofpitable reception he had met with at Edinburgh three years
before, by fparing that city when he had it in his power to deftroy it. Hard
weather, and fcarcity of provifions, obliged, him foon to return to England -,
and he was fcarce gone, when the earl of Douglas took ample revenge by

• The lord Neville appears, at this time, to have been the warden of the eaftern march on the fide
of England. He, and the earl of March, or others named in their ftead by the duke of Lancafter
and earl of Carrick, who afled at thefe meetings as lieutenants, and fpecial commiffioners of the
two kings on the borders, are appointed to meet at Billy-mire, on the 25th of Auguft, in order to
fettle mutual reparations of the breaches of the afiurance,

Z z attacking

3 §4 THE BORDER. HISTORY OF

. Richard ir." attacking the Englifli border, and is particularly faid in this expedition, which

.o^Engan^. - ^^ t ^ e j^^ q £ i-jjs iif e , to have driven the Engliih out of Tiviotdale, and to

1384.- have recovered all the places of ftrength which they had held there ever fince

Rym. P vo!?vii. tne battle of Durham, Roxburgh only excepted. Before Lancafter left the

p-4*5- North, he entered into a contract with Henry Percy, carl of Northumberland,

whereby the latter obliged himfelf to relide on the marches for their govern-
ment and defence ; and was impowered by Lancafter, acting in quality of the
king's lieutenant on the marches of Scotland, to levy and array the forces of
the northern counties, in order to repel any invafion of the Scots. As a
reward for himfelf, and a fund for maintaining garrifons in the town of Ber-
wick, and other caftles of Carlille and Roxburgh, for the fpace of fix weeks,
he was to receive 4000/. He had alio power to put men into the caftles of
Norham and Wark, at his difcretion, referving the * tower or keep to the
government of the lord or conftable of thefe places. Soon after, a truce was
concluded between France and England, in the neighbourhood of Bologne,
wherein the Scots were comprehended as the allies of France. But the
borderers taking advantage of a delay in intimating this comprehenfion to the
king of Scotland, made mutual incurfions under their feveral chieftains.
Thel\- hoftilities, however, were interrupted for awhile by a truce agreed to at.
Ayton -j-, by commiffioners from the kings of England and Scotland. This
truce was, agreeably to the terms of 'that before concluded in France, tO'

p-Tm- -' continue until the firft of October at lunching, and by a fubfequent meeting

of commiffioners from all the crowns at Boulogne in September, was pro-
longed till the firft of May in the following year.

Wail. p. 311. In the time of this truce, and about the end of the year in which it was

concluded, the caftleof Berwick was feized by the Scots -, being betrayed into
their hands for a bribe, by its deputy governor under the earl of Northum-
berland. The news of this event. arriving at London, during the feffion of
a parliament, which met in November, the duke of Lancafter improved ic
againft the earl, with whom he was ftill at variance. By the procurement of
the duke, Northumberland was accufed of treafon before the parliament,
found guilty, and forfeited. All this was transacted in the earl's abfence, who
had not obeyed the fummons given him to the parliament •, judging hisprefence
more neceflary near the marches for the defence of his country. His^ be-
haviour there, foon recovered him from the ruin. with which he was threatened.
For, as foon as he was informed of the caftle being in the hands of the Scots,
he aiTembled a great force in order to reduce it; but the feverity of the feaion
making it difficult to regain it by a fiege, he followed the example that had
been lately fet him by his enemies ; and the Scottifh garrilbn, belides the fafety

* Dtngeon in old French, the language of this inltrument, the fame as Donjon in more modern
flyle,

+ The conimiflioners who met in the church of Ayton were, John bifliop of Durham, John,
Neville lord of Raby, and mailer John Wahharn lubdean of York, for the king of England j
and John earl of Murray, Archibald Douglas lord of Galloway, James Douglas lord Dalkeith,
Thomas Erlkine, and mailer Duncan Little provoil of St. Andrews, for the king of Scotland.
Rymcr.

Rym. vol. vii<

ENGLAND AND SCOTLAND. n5

of life and limbs, havirig received from the earl the fum of 2000 merks/ &-*<« stewv ►,

furrendcred the fortrefs into his hands. This opened a way to his obtaining ^!

the king's pardon, notwithstanding the oppofition of the duke of Lancaster. 1384.

The king, in the plenary rcrnillion granted to him, takes notice, that the caftle

of Berwick, fince his acceffinii to the throne, had been twice in the hands of the p.^'tfj.

Scots •, but that die lofs of it had happened without fault of the earl, and that

he had recovered it each time with great labour and expence. For which

reafon the king pardons the crimes wherewith he was charged, with all their

penalties and forfeitures, and reftores him to all his honours, and all his

poflbffions, whether held in his own right, or in that of his conibrt Maud de

Lucy.

Soon after the expiration of the truce between the kingdoms, John de a.d. 13??,
Vienne admiral of France, in fulfilment of the treaty between the French and p,"-"" 1 ' 9 '
ScottilTi kings, made two years before, arrived in Scotland, with about two
thouiand auxiliaries, and 50,000 livres in gold. The king of England, in
order to repel the efforts of the Scots and their allies, which were rendered the
more formidable by the French meditating at the fame time an invafion
by fea (from Sluys in Flanders), marched in perfon into Scotland at the head
of a very numerous army. The French admiral, agreeably to the inftruclions
he had brought from home, preifed the Scots to give their enemies battle.
When other obvious arguments againft this did not avail, .the earl of Douglas
carried the Frenchman to an eminence, from which he had a view of the
Englifh army on its march : feeing the vaft difproportion of ftrength, he did
not farther infift on what he had before propoied ; but concurred in the
methods, fo often fuccefsfully pracftifed by the Scots, of diftreffing their
enemies, and difappointing their moft formidable efforts. The Englifh ad-
vanced through a country deferted by its inhabitants, who had carried with
them to their inacceffible retreats, every thing neceffary for the fubfiflence of
an army ; and the number of the invaders was fo great, that the fleet which
attended them, and from which they drew all their fupplies of provifions, was
foon exhaufled of its ftores; fo that Richard in a fhort time found himfelf
under a neceflity of returning homewards, after lofing, by famine as well as
by the fudden attacks of the flying parties of Scots, a confiderable number
of his forces. Great devaluations however were committed on the country.
Edinburgh was burnt, and alio the abbey of Melrofe *. Mean while the
Sots under the earls of Fife, March, and Douglas, croffing the weftern border,
plundered and laid wafte the country as far as Newcaftle, and are faid to have
taken and demolifhed the fortrefTes of Wark, Ford, and Cornhill. By this the
return of the Englifh was alfo haftened, in order to defend their own country,

* The king, as an indemnification to the abbot and convent of Melrofe, for the deftruction and
burning they fuftained at this time, made them a grant, lour years after, of two fhillings on each
fack of wool of the growth of Scotland, to the number of one thoufand facks, that they mould
fend to be exported from the town of Berwick upon Tweed; which two (hi. lings was to be allowed
out of the cuftom due to the king, for each fack, by the collectors of the cuftoms of his wool,
hides, and woolfells, in the port of that town. This grant is made at Weftminfter, October ic,
1389, about a month after the king had aflumed the adminillration of the kingdom into his own
hands. Rym. vol. vii. p. 646.

Z z 2 but

$0 THE BORDER. HISTORY OF

Richaran. but the Scots had ftill the addrefs or agility to avoid a rencounter with their
k. .of England. a( jverfaries, an d carried home in fafety the great booty they had gained. As
, 3 8j,~ the feafon was not far fpent when the Englifh army left the country, the Scots
refolved to attempt the reduction of Roxburgh, in which they expected great
affiftance from the fuperiour fkill and practice of their French auxiliaries in
conducting lieges. But in the progrefs of this enterprife, the difcords, which
on feveral occafions had formerly arifen between the forces of the two nations,
came to an height. For the French pretending, that the town and cattle
when taken ought to be delivered up to them, and to become the property of
their matter, as a juft return for the great expence he had been at in fending
them over, and for the fervices to be performed by them in carrying on the-
fiege-, and the Scots (bowing a juft refentment againft fo arrogant and tyran-
nical a claim ; the fiege was abandoned : and the French foon after returned
to their own country, with many complaints of the barbarity of their ancient
allies. A great multitude of thole on whom they had committed extortions,
j.,vtnai<ie» afiembled to hinder their embarkation, until they fhould make compenfation
w t fins,ie gendre. f or tnc damage they had donev nor were they fuffered to fail till their leader
confented to ilay behind, in order to make the reparations required. Some
French writers afcribe thele diffenfions to the gallantries of the admiral and
his officers with the Scotch ladies, which were no lefs provoking to the king
and his nobles, than their infolence and rapacity were to the common people.
a d j 86 Floftilities, without producing any remarkable effect, were continued on

Rym'.voi.vii. both eaft and weft borders, until the middle of fummer in the following year,
p " '- i6, when a truce was concluded, at a meeting held at Billy-myre, between the

earls of March and Douglas, wardens of the eaft march of Scotland, and lord
Neville warden of the eaft march of England. This truce was to continue
till the laft day of May*, in the following year, at funfet; and though it
chiefly regarded the peace of their own diftncts, which, during that time, they
engaged to maintain inviolate ; yet they mentioned in it a meeting of conv-
miffioners from both kingdoms, to be held at a place fixed by the wardens,
about the middle of the next month of March, to treat of a peace or long
truce between France and Scotland on the one part, and England on the other.
In this truce are particularly comprehended the garrifons and inhabitants of the
caftle and town of Berwick, and thofe of the caftles of Roxburgh and Jed,
who were allowed not only to have a free and undifturbed communication with
England, but alfo to purchale neceflaries in Scotland, within the diftance of
two miles to the weft and north of them. For the greater fecurity of this truce,
the lord Neville granted his protection to the inhabitants of Tiviotdale; but
thofe of Jed-Foreft were declared to be comprehended in the truce itfelf. It
was alfo agreed, that the pofTefiions which were held by the king of England
and his lieges in the fheriffdom of Berwick, at the expiration of the truce of.
fourteen years (that is in 1383), fhould continue as they were at that time.
Thefe particulars ferve to ftiew the ftate of the eaftern part of the Scota
border at this period. The only places of ftrength retained upon it by the

• That is, till the end of feed-time; it was afterwards prolonged to 19th June. lb. p. 583.

Englilh

ENGLAND AND SCOTLAND. 357

Ehglifh were, Berwick, Roxburgh, and Jedburgh. They retained alfo fome ^Vs/TT'
part of the county of Mers; but as Tiviotdale had been recovered from them . co ■*" ;
only two years before by the earl of Douglas, the F.nglifh warden ftill con- «3 86 -
fidered the inhabitants as a fort of rebels, and would only conlent to give
them a protection.

On the expiration of this truce, the Scots made a fuccefsful inroad over the a. d. 1387,
weftern march; but nothing of that kind is recorded as having happened on
theeaftern. On the contrary, towards the end of the year, the earl of March
appears to have been in a fiate of peace with his neighbours, by his having
obtained a fafe-condu£t from the En°;lifh king to enter his kingdom with a RynuwfctSfc
hundred horfemen in his train, and to remain there for half a year. But this
period was fcarce expired, when the earl, with his brother John earl of
Murray, and James earl of Douglas, at the head of 3000 men, entered Buch'an." i.V
England over the eaftern border-, while the earls of Fife and Strathern, fons p- >7j> »74*
of the king of Scotland, invaded it on the other fide with a numerous army.
The Scots had little refiftance to apprehend in this invafion; the Englifh being
fully occupied by the civil difTenfions between king Richard and his parliament.
But though the greater army of Scots carried on their devastations without
oppofition, yet the fmaller body met with a formidable army to encounter on
their return. For while, inftead of purfuing their march homeward with the
rich fpoils they had amafied in the county of Durham, they were making an un-
reasonable fiiow of prowefs, by attacking fome fmall caftles that lay in their
way •, they were fuddenly attacked in their camp near Otterburn, in Ridifdale,
on a fummer evening, by Henry, firnamed Hotfpur, lord Percy, and his A "8' 5«-
brother Ralph, at the head of an army almoft thrice as numerous as that of the
Scots. In this battle, fought chiefly by moon light, after extraordinary feats of
•valour performed on both fides, the Englifh were at laft defeated, and both c .4*s,i*6,i!*7.
the Percys were made priibneis * •, but earl Douglas, the principal leader of "8,129.
the conquering fide, and to whole valour the victory was chiefly owing, was
flain in the field of battle -f, after having penetrated through the thickeft
ranks of his enemies. Sir Matthew Redman, governor of Berwick, was pre-

* Harding fays, that Henry was led to Dunbar,
Henry was taken there anone,
To Dunbar led, for whom was made great mone.

f The principal perfons flain on the Scottifh fide, befides the earl of Dougla?, were, the earl of
Menteirh, Sir D. Scott, Sir Walter Steward, Sir James of Agurftone, Sir Charles Murray, Sir
Hugh Maxwell : on the Englifh fide were flain, Sir John Fitz-hugh, Sir James Harbottle, Lovell
the carl of Noithumberland's flandard-bearer. Old Song, Battle Ouerboume, in Dr. Percy's
Reliqucs, vol. i.

Barry, a canon of Glafgow, who writes a long account of this expedition in monkifli verfe,
publilhed in the continuation of Fordun, fays, that befides earl Douglas, there fell in this engage-
ment, Robert Harte, John Towers, knights, William Mufhet de Monte -fixo, Simon Glendonwyn,
a young gentleman of the name of Glenilan, and another called VVedderburn. He does not
mention who were flain on the Englifh fide.

Many readers will think the account of this expedition into England, and of the battle of Otter-
burn, fliort and imperfect. Buchanan gives a circumftantial and very elegant account of both.
But as moft of the particulars related by him and Froillard, are not to be found in the continuator
of Fordun, nor in the Englifh hiftorians, the author probably did not think them worthy of
credit, and for that reafon has notinferted them in his hiiioiy.

6 tent

i5 S THE BORDER- HISTORY OF

Richard ii. f en t in this battle. As he was flying from the field with the reft of the
^_* ° 9&ia j fcattered hoSt, he. was fingled oat by Sir James Lindfay, one of the purfuers,
13S8. . who, from the'^beauty of his armour, judged him to be fome perfon of great
nuchan. 1. 9 . em i nence : after being pnrfued for three miles, and finding his horle fpent with
j-rwiiard. fatigue, and that it would be impoflible for him to efcape, he alighted, and

bravely waited on foot the approach of hispurfuer; Lindiay, in an inftant,
put himfelf -in the like pofturt ; a fierce conflict enfued, wherein the Scotch-
man, having better armour than his antagonist, prevailed ; and Redman,
having Surrendered himfelf a prifoner, obtained leave to depart, on giving his
oath, that he would return, to the victor in twenty days, i his was an ufual
practice among the borderers, which mutual conveniency had taught them ;
and nothing was held more infamous than a violation of faith in fuch cafes.
An opportunity was foon afforded Redman, of Shewirvg his gratitude to his
generous adverfary, for Lindiay, after difmifling his captive, having perceived
at fome distance a great body of armed men, rode Straight up to them, not
lufpecting that they were enemies •, they were, however, the forces of the
bifhop of Durham advancing too late to the afliftance of Percy. Lindfay,
having approached too near to make his efcape, became their prifoner, and was
carried to Newcaftle ; there he was found out and known again by Redman,
who treated him with great humanity, and difmiffed him free!; to his own
country *. So ftrangely was the ferocity of thefe warriors blended with gene-
rofity and good faith ; and indeed, were it not for the mixture of thefe op-
pofites, war would foon deftroy its own refources.

Hostilities Still continued on the borders, but without producing any
memorable event •, until an interruption was given to them by a three years
a. d. 1389. truce, concluded at Lelinghen, between England and France, wherein the
Rym. vol. -vii. allies of thefe powers were, as ufual, included. The ambaSTadors, who were
p ' "' fent from France, to inform the king of Scotland of this truce, found a great

army prepared to invade England. The king of Scotland, now broken with
age, and defirous of an interval of quiet, very readily entered into the
meafures of his ally. But his own authority, joined to that of his nobles, had
much ado to hinder a mutiny in the army, who, by being difmififed to return to
their homes, confidered themfelves as defrauded of the ipoils of the Englifh,
which they made no doubt of gaining in the intended expedition.
Robert hi. Robert, the king of Scotland, died the year following •, and was fucceeded

K ' of p CO I ,lar " i ' by his eldeSt fon, John earl of Carrick, who, on his afcending the throne,
April 19. ' aSTumed the name of Robert, and is known in the catalogue of Scotch kings
July 16. .by the name of Robert III. Soon after his accefTion, he iwore to the obferva-
tion of the late truce, in the prefence of deputies from the king of Eng-
land f. This truce was by different prorogations extended to Michaelmas

* Either this is a millake, or Lindfay had faon after been made a prifoner anew. At lead,
there is an order of king Richard, with advice of his great council, to Henry Percy earl of Northum-
berland, not to difmils Sir |ames Lindfay, who had been lately made a prifoner, either for pledge
or ranfom, until he received farther orders from the king and his faid council. Rym. vol. vii. p. 607.
This order is dated 25th of September, at Cambridge, where the king held a parliament after
harveft. Waif. p. 335. (ap. Tindal's notes on Rapin.)

+ Thefe were, Gerard Heron and John Mitford.

I398.

ENGLAND AND SCOTLAND.

259

1398. So long a ceffation from war was in a great meafure owing to the Robert nr.
weak and diffracted domeitic ftate of the three nations of France, England, . r "* * ,.
and Scotland •, arifing from the frenzy of Charles VI. of France, the ny>-
incapacity of Richard of England, and his foolifh attachment to favourites,
and the infirmity of the Scotch king both in body and mind, which rendered
him obnoxious to the ambition of his brother the earl or' Fife; whofe great
object was to fupport himfelf in the management of all public affairs The
turbulent fpirits in thefe feveral countries, not fufficiently checked by the
fupreme authority, and wanting their favourite occupation of war with their
neighbours, exhibited many violent fcenes of faction and ledition at home.
It was no doubt the refult of fome quarrel with the adminiftration in Scotland,
though the particulars of it are not known, that induced the two great border-
chieftains of Scotland, the earls of March and Douglas, during the time of a .d.i39z*
the above-mentioned truces, to enter into treaties with the king of England R > m -_ vol - v "«-
for giving and receiving aid, and by which they were to engage to pay him
certain fervices during their lives. The commiffion iffued by the king of Eng-
land, to negociate fuch treaties with thole earls, is ftill extant, though it is not
known to what iffue they were brought.

Three years after, king Richard married for his fecond wife Ifabella, a,d, 139&*.
daughter of the king of France, a child of leven years old. The treaty for
this marriage was accompanied with a prolongation of the truce between the
kingdoms for twenty-eight years after the expiration of its prefent term ; but
though the Scots were, as ufual, comprehended in this truce, yet it does not
appear that they accepted of it ; and their rejecting a truce of lb long a
duration, was more agreeable to the political maxims which in thofe times
directed their conduct towards England.

The laft prorogation of the truce of Lelinghen was ftill fubfifting, when an Ai! ? W 7 *
agreement was made at Dunfermling, between the two ambaffadors of the R y m.voi?'viiU
king of England, then attending the Scottifh court, and four commiffioners p- 17 --
appointed by the king of Scotland to treat with them, that a day fhould be
held on the nth of March next enfuing, at Reading Burn, Carham, or
Hauden Stank, places at a fmall diftance from each other on the eaftern march,
where the earl of Carrick having joined with him in commiffion, a bifhop, an
earl, a baron, two clerks, two knights batchelors, and a fquire, on the part
of Scotland, fhould meet with the duke of Guyenne and Lancafter, and an
equal number of joint commiffioners of the fame rank on die part of Eng-
land, who, by virtue of full powers from each king, fhould redrefs, and caufe
to be redreffed, all violations of the truce of Lelinghen, and of thole fubfe-
quent to it. Thefe ambaffadors and commiffioners at Dunfermling farther
agreed, that ftrict peace fhould be kept by fea and land, betwixt the two
nations, until the day appointed for this meeting, and forty days after, under
the penalty of inftant reftitution of double the value of all damages done, and
alfo of the tranfgreffor incurring the fame forfeiture to his king, as if he had
broken his fafe-conduct. And in order to prepare matters for a clear and
fpeedy decifion, it was farther agreed, that all fubjecls of Scotland, plaintiffs
againft thofe of England, fhould fend indented bills of their complaints to the

caftle

3 <5e THE BORDER. HISTORY OF

Reward n. caftle of Roxburgh, to be delivered to the lieutenant or conftable of that
,J^__^J fortrefs, who fhould receive and tranfmit them to the wardens or their depu-
3397. ties •, that thefe hitter might caufe warning to be fent to the perfons complained
of, to find fureties for making their appearance before the lords commiffioners
at the time and place before mentioned •, and that plaintiffs belonging to the
kingdom of England fhould, in like manner, and for the fame purpole, fend
indented bills of their grievances to the abbey of Kelfo, to be delivered there
to the abbot or his iexton J. I,c was alfo agreed, that, if it pleafed the war-
dens of the marches, all prilbners taken on each fide during the truce,
fhould, within eighteen days from the date of the prefent treaty, be bailed
until the march-day now appointed, when the lords commiffioners (houkl
determine with regard to them : and the wardens, or their deputies, were to
give mutual intimation of their pleaiure in fourteen days;, and if they agreed
to the bailing of prifoners, whoever flood out againft it fhould loie his action,
and forfeit for ever the ranfom of the prifoner he detained. In conclulion, it
was agreed, that mutual refentments, arifing from the riots by which the truce
had been infringed, Ihould be no hinderance to the peace and fecurity of paffing
to and attending the meeting now appointed.
A. u. i 39 «. In purfuance of this treaty, David earl of Carrick, eldeft fon of the king of
Rym. vol. vhi. Scotland, accompanied by his uncle Robert earl of Fife, Walter bifhop
*' of St. Andrews, David lord Lindiay, and other deputies and commiffioners

from the Scotulh king, met on the day prefixed at Haudene-Stank, with
John Duke of Guienne and Lancafter,, eldett of the furviving ions of Ed-
ward III. and firft prince of the blood in England, accompanied by John
bifhop of St. Afaph, Thomas earl of Worcefter *, William earl of Wilts, and
March 16. other deputies and commiffioners from the king of England. On the fifth
day after, an indenture or ordinance was drawn up, containing the articles
they had concluded in the courfe of their conferences, Thefe articles begin
with the appointment of three knights and a fquire on each fide, as deputies
for the execution of the points agreed on 7. The firft of them is, that the
truce then fubfifting be punctually kept in all its articles, until the Michael-
mas enfuing ; and if any cattle or fortrefs had been built in breach of the pre-
fent truce, it fhould be immediately demolifhed, and thofe who erefted it
punifhed as the truce required. It was farther ordained, that all who occu-
pied houfes or lands in the neighbourhood of the caftles of either nation,
ihould faithfully pay and perform the duties appointed by the truce now in force ;
and where debates arofe betwixt the captains of the caftles and fuch occupiers,
they fhould be determined by the confervators of the truce or their deputies,

X Segiftayne, in the original treaty; the fame asfegerjlaytt or facrijiaiu.

• Sir Thomas Percy, brother to the earl of Noithumberland, had been created earl of Wor-
cefter, in the pailiament held in the preceding September, commonly called the Great Parliament,
in which the Duke of Glouceller, with the carls of Arundel and Warwick, were condemned as
traitors for the rebellious mcal'uies they had taken, to limit the king and punifh his favourites, in
J386, 1387, 1388.

f Thofe on the part of England were, Gerard Heron, Thomas Gray of Horton, knights,
and John Mitford ; and on the part of Scotland, William Lindefay, William Steward, John
Ramorgny, knights, and Adam Forfter, or Forrefter.

agreeably

ENGLAND AND SCOTLAND. 1 '361

agreeably to the tenour of the truce, in three months after due requifition Robert m.
made by either party; or fooner, if circumftances allowed. All prifoners (_° .".'"J
of the one or other fide, made fince the beginning of the truce, were 1398.
appointed to be inftantly and freely difmified ; and what they had paid,
either in part, or in full, of their ranfoms, was ordered to be immediately
reftored. W.th regard to all other injuries and damages, the deputies were
ordered to caufe reparation to be made •, one complaint on either fide, being
fucceffively heard and redrefled for one of the other ; and they were enjoined
to appoint reftitution of the double, for damages done fince the late indenture
at Dunfermling, if required on either fide ; provided the like were made by
the other. The commiffioners alio, by virtue of the full powers granted them
'by their fovereigns, agreed, that the truce fhould be prolonged from the
Michaelmas next enfuing, to the fame term in the following year. In con-
•clufion, they ordained, that if, in breach of the prefent truce, any man fiiould
•be killed on the one or other fide, the murderer fhould be put to death ;
hecaufe he had committed the Jaid murder againfi the tenour of the truce which his
lord and liege fovereign had fivorn to obferve.

1 his treaty and ordinance of the lords commiffioners v/as not ratified by
the king of England until fix months after. In the interval Sir John de Sept.»«,
Ramorgny and Adam Forrefter efquire were fent amhalTadors to England from „ . ...

1 ^ b -n 1 • 1 l r c I- ■ • I- -c • r ' ■ 1 Rym. vol. viu.

the Scottilh king ; by whole lolicitations this ratification leems, not without p. 45.
difficulty, to have been obtained. Soon after granting it, the king of Eng-
land commanded the indenture to be fealed with the feals of his commiffioners,
and delivered at Kellb on the 16th of October next enfuing ; on condition of
receiving the counterpart thereof, under the feals of the commiffioners of
Scotland. The execution of laws and treaties among fuch a race of men as
the borderers, enured for generations to rapine and deeds of violence, could
not fail to be flow and difficult ; and hence, notwithstanding the ftrictnefs of
the late ordinance, and the high rank and authority of thofe by whom it was
framed, it appears to have been very imperfectly executed. In order to
remedy thefe defects, and for the mutual redrefs of all grievances on either
fide, the king of England engaged to fend two knights and a fquire to Haw-
den-Stank, to meet, on Monday the 2 iff of Oclober, with commiffioners of
the fame number and rank from the king of Scotland. Thofe commiffioners
were to be impowered to take cognizance of the faults of officers as well as
others, and to appoint fuch punifhments and redrefs as the caufe required.
The preparatory meafures for holding this day were ordered, much in the
fame manner as had in the preceding year been agreed upon at Dunfermling :
and fuch matters as the commiffioners could not fettle for want of fufficient
evidence, or any other caufe, were to be delayed until the octaves of Candle-
mas •, when the dukes of Lancafter and Rothefay, with proper attendants
fiom each kingdom, fhould be at certain places near the borders, in order to
fix a march-day to be held by them J.

The

% Thefe particulars are taken from a paper in old French, publifhed by Rymer, containing
anfwers of the king of England to the requefts of the £cj;ch ambaffador:. It is dated Otiobcr 8.

A a a In

3 6a THE BORDER- HISTORY OF

Richard ii. The commiffioners on the part of England at the meeting in October

^, ot^ ng an^. were ^ gj r j j ln g u (p v * ? 5j r H enr y Green, Mafter William Feryby clerk, and
>39«- ... Laurence Drew efquire ; on the part of Scotland, Ramorgny and Fonvfter,
Rym.voi. vm. j ate am b a fladors to England, and Sir William Borthwick. Thefe met at
oa. zt. Hawden-Stank, probably on the day appointed •, and after holding their
conferences through the week, drew up a convention, dated on the laft day
of it, of which the following are the principal heads. The dukes of Rothefay
and Lancafter having, at their meeting in March, ordained, that all prifoners
made on both fides lince the truce of Lelinghen, fhould be freely difmilTed,
and that thofe who had paid ranfom fhould have it reftored to them before
Midfummer lad-, and it appeasing that this ordinance was not yet fully exe-
cuted, it was now agreed and appointed, that due and full obedience fhould
be given to it ; fo that thofe who were ftill detained prifoners, fhould be fet
free before the feaft of All-Saints ; and fuch as had paid ranfom, fhould have
it reftored to them before Candlemas next enfuing : for the fulfilment of this,
the earl of March, warden of the eaft-march of Scotland, and Sir Henry
Percy, warden of the eaft-march of England, were mutually obliged by their
letters, for their bounds lying oppofite to each other. Sir Richard Ruther-
ford, Sir William Stewart, Walter Scot, Thomas Turnbull, and Robert
Lauder, became fureties for the earl of Douglas's bounds of the middle
march ; and Sir Thomas Gray of Fleton, Sir Thomas Gray of Horton, Robert
Umfraville, and Thomas Knayton, for Sir Henry Percy's bounds of the eaft
march, which were probably thofe that lay oppofite to the bounds of the earl
of Douglas before mentioned. Thefe fureties mutually plighted their faith,
for delivery of prifoners and restitution of ranfoms within their limits ; and the
commiffioners bound themfelves, in name of their fovereigns, for prifoners
and ranfoms that lay without the bounds of the marches. And, in cafe of
prifoners being detained in contravention to the prefent ordinance, thofe who
detained them fhould be compelled by the lords commiffioners to be nomi-
nated by both kings, in manner after mentioned, at the meeting of thefe com-
miffioners, not only freely to deliver their prifoners, but to indemnify them
for the damage they had fuftained by their detention beyond the term limited
by the prefent ordinance; and alio to pay the lords commiffioners the value
of the prifoners ranfomed, as a fine for their difobedience ; and in cafe of ran-
foms not being reftored at Candlemas, thofe who with-held them fhould be
obliged to refund them to the parties, and to pay double to the lords commif-
fioners for their difobedience. It was farther agreed and ordained, that alt
prifoners taken on both fides, fince the x6th of March laft, fhould be fpetdily
and freely delivered, with their horfes and harnefs, on condition of reftoring

In the interval between this and the meeting in March, David earl of Carrick had been created
duke of Rothefay (the firft duke created in Scotland). His uncle Robert earl of Fife was at the
fame time created duke of Albany.

* Bufly was fpeaker of the commons, in the parliament called the Great Patlhment, held ia
September of the preceding ye:ir. He and Green were alio two of the fix commoners who, toge-
ther with twelve peers, were by that parliament appointed commilfioners for deter mining fuch
matters as the parliament had left undecided. Parliam. Hill, vol, i. p, 462. 492. They were
both hanged at Briitol, on the Revolution, in 1399.

3 the

ENGLAND AND SCOTLAND. 3 6$

the damages they tbemfclves did at the time of their being taken : and if any *■<*;'* '"•
fuch prifoners had been ranfomed, and their ranfoms paid in whole or in part, K °' Sc ^^
reflitution fhould be made before Candlemas, under the penalty of payino- 1398.
double, in the manner before appointed. Bailed prifoners alio, and fureties
for ranfoms, were appointed to be freely difcharged from their obligations to
pay, or re-enter into cuftody : an exception was made, under this head, of
Adam Gordon, William Baird, and Adam French, for whom the Scots com-
miffioners became bail •, obliging themfelves, in name of their kingj and
under penalty of 3000 1. to prefent thefe offenders, hale and found, before the
enfuing meeting of the lords commiffioners of both realms, to undergo judg-
ment in matters laid to their charge ; and alio, that they mould not violate
the truce in the interval. And the reafon afligned for exception of thefe men
was, their being notorious truce-breakers; who, during the prefent truce,
had done infinite mifchiefs, the cognizance whereof the prefent commiffioners
thought it beff. to leave to the great lords who were to fucceed them. It was
farther agreed and ordained, with regard to native Scots who had been received
to the fealty of England, and dwelt on the marches of that kingdom, and
Englifhmen who had in like manner changed their dwelling and allegiance,
thac as thefe were charged by common fame with being the chief inftruments
of difturbing the peace of both realms, there fhould be no Scotchman ad-
mitted to the fealty of the Englifh king, nor Englifhman to that of the king of
Scotland, until the lords commiffioners aforefaid mould report this article to
the kings of each nation ; and if approved by them, it fhould be obferved
during the remainder of the truce : and in the mean time, thofe Scotchmen
who had been received to the fealty of England fince the beginning of the
truce, fhould be obliged before next Candlemas to remove their dwelling to
the fouth of the river Tyne •, and the Englifhmen fettled in the fame manner
on the Scottifh borders, fhould be obliged, before the fame term, to remove
their dwelling from the marches as far as Edinburgh. The commiffioners
(finding that many and great trefpaffes had, fince the beginning of the prefent
truce, been committed on both fides, which ftill continued unredreffed, and
which at prefent they had not fufficient leifure to difcufs) agreed and ap-
pointed, that the wardens of the marches, in their own perfons, or by their
deputies, fhould hold days of redrefs each month f , wherein they fhould
proceed agreeably to the tenour of the indenture made at Hawden-Stank, in
March laft, fuch bill of grievance, as pleafed the party of England to prefent,
being firft difcuffed ; and next one from Scotland, to be determined and re-
dreffed in the fame manner. And if, through default or negligence of the
. wardens, or their deputies, any trefpafs remained unredreffed, the lords com-
miffioners fhould, before all other things, take cognizance of fuch injurious
delays, and inflicl: exemplary punifhment on thofe found guilty ; and that the
lords might have clear knowledge by whofe default it had come to pafs that

t The wardens of the middle march, or their deputies, were appointed to meet at Gainlifpeth,
on the day after Martinmas, and lo on from month to month, at days and places which they them-
felves fhould fix. The wardens or deputies of the eaft march were to meet on the Thurfday
fe'ennight after the day of the prefent convention ; their place of meeting not mentioned.

A a a 2 redrefs

3 6 4 THEBORDER-HISTORYOF

Richard ii. redrefs was not made, the wardens or their deputies were appointed to record
v " "' "° '" ', the tranfactions of each day's meeting. In cafe of any new exceffes being
1398- committed, as carrying off or killing men, feizing of goods, burning of
houfes, or taking caftle or fortrefs, the wardens 01" the marches were ap-
pointed, as foon as required, to bring the offenders, if found within theit
bounds, to their trial by march law j and whoever was convicted of fuch
trefpafles, was to be delivered up to the party injured, to fuffer death or pay
ranfom, at pleafure of laid party. The garriibns of the caftles were not to
diilurb the inhabitants of the country, nor any man to trouble the garrifons,
in purchanng and carrying victuals and moveables to their caftles ; and the
inhabitants of the country were to do and furnifti what was due from them to
the caftles, agreeably to the truce, For the fulfilment of the above articles,
and other affairs concerning both kingdoms, it was agreed, that the duke of
Rothelay, or fome other great lord of the royal blood of Scotland, fhould be at
Edinburgh, and the duke of Lancafter, or fome other lord of the royal bluod
of England, fhould be at Newcaftle ; each attended by fuch council as the
kings of each nation fhould appoint ; and upon a day in the enfuing fpring-
rr.onths, which mould be mutually certified before Chrilt mas, by each of t..e
kings •, and that from thefe places they fhould interchangeably fend mefifages.
to hx a day for their meeting, either at Hawden-ftank, or any other place
more agreeable to them. It being alio a part of the charge of the prTent
commilfioners, to fix a day for the kings of each nation fwearing to the
obfetvation of the prefent truce, as prolonged by the convention in March
laft. It was agreed, that the king of Scotland fhould give notice $ to the king
of England, before Chriftmas, on what day he might be found in a conve-
nient place for the king of England fending his envoys to witnefs his fwearing
to this truce, and for the Scottifh king fending to the king of England for the.
fame purpofe ; and the reafon affigned for this delay is,, that the king of
Scotland was at prefent occupied in places to which it would not be eafy for.
the envoys of England to come into his prefence. The convention concludes
with the ufual allowance, to follow ftolen goods from the one realm into the
other with hound and horn, which no perfon was to hinder under the pain of
life and limb; and with an appointment, that damages, which had been
already recovered before the wardens or their deputies, fhould be paid before
Candlemas next.
oft.iS. The commiffioners had another meeting at the fame place, on the Monday

Rym. vci. vui. f n ow j n g j j n which, by virtue of the indenture made in March laft, certain
Scotch merchants, together with two knights, Sir John Hamilton of Cadyow,,
and another knight of the fame name, of Finyngalton, who had been taken at
fea by the Englifh, were freely delivered up, notwithftanding the pretended
acculations brought againft them ; and alio die fhip in which they were taken,
with its cargo, or the full value of both, was ordered to be reftored. At the

J This notice having been accordingly (ent, Gerard Heron knight, and John Skelton efquire,
received a commiflion, dated the 14th of January, to witnefd the king of Scotland making this oath.
Rymer, vol. viii. p. 65. And the king of England made oath to the fame effedt, in prefence of
Sir John Hamilton and Adam Forrcfler efquire. p. 69.

fame

ENGLANDANDSCOTLAND. 3 6 5

fame meeting, Sir Philip Stanley, captain of Roxburgh, prefented a bill . Rob " t m -
complaining of the ion of the earl of Douglas, and fundry men of his com- ,_' ° _ c ?U"'j
pany, whereof Sir William Stewart was one, for having broken the bridge of 1398.
Roxburgh, burnt and plundered the town, made a bre,.ch in their walls, and
burnt their hav and fewel, amounting to tin damage of 2000 1. Sir William
Stewart, being prefent on the field, was compelled to make anfwer to this
complaint; and his anlwer wa , that the breaking of the bridge, and burning
of the hay and fewel, were done by the order of his lord, who thought he
might do them lawfully, notwithstanding the truce, becaufe thele things were
the property of Scotchmen ; yet he could not fay whether or not it was altoge-
ther juttifiable : but if the commiffioners fhould determine it to be a violation
of the true, due reparation fhould be made. As to the burning and fpoiling
the to 'a n, he confented to make redrefs-, this having been done again ft the
prohibition of his lord, and alio againft the truce. The commiffioners having
heard this anlwer, and judging the affair too high for their decifion, referred ic
to the cognizance of their lords *.

The duke of Lancafter, named in the convention at Hawden Stank, as the A ' D - »39?»
lord of the royal blood ot England, who was to be fent commiffioner to the p'Sp/ya..*"
marches in the enfuing fpring, dying in the beginning of February, the duke
of Albemarle, fon of the duke of York, and coufin-german to the king, was
appointed to that office. With him were joined in commiffion the bifhop of
St. Afaph, the earl of Salifbury, and alfo BuiTy, Green, and Drew, the com-
miffioners in laft October. They had given them in charge, not only the bufi-
nefs relating to the marches, affigned them by the late convention, but alfo to
treat of a peace, or long truce, with the king of Scotland •, and to endeavour
to bri g him to an agreement, to give no protection to the king of England's
rebel fubjedts, but to feize and deliver them up to the king, or his wardens on
the marches, on condition that the king of England fhould treat in the fame
manner the rebellious fubjecls of Scotland. It was of the utmoft moment for
Richard to be in fuch terms of peace and friendship with the king of Scotland,
both on account of the difcontents that prevailed among his fubjedts, and of
the expedition he was about to undertake into Ireland. It is not however
known, whether Albemarle and his fellow-commiffioners did ever meet with
the commiffioners from the king of Scotland, or what was tranfacled between
them. The period of the unfortunate Richard's reign was now faff, approach-
ing. His coufin Henry duke of Hereford, returning with a handful of fol-
lowers from his exile in France, and landing on the coaft of Yorkfhire, under
pretence of fceking the reftitution of his father the duke of Lancafter's eftate,
which after Lancafter's death had been feized by the king, was foon joined by
fuch vaft numbers, and had fo great an advantage given him by Richard's
abfence in Ireland, that abandoning all moderate views of redrefs, he openly
afpired to the crown. His way to it was rendered very eafy by the powerful
faction which the uncles of Richard had long maintained againft him, and the

• It does not feem clear, whether they meant the kings their mailer?, or the lords commiflioners
who were to fucceed them. The latter feerns more probable,

2 general

3 65 THE BORDER-HISTORY, &c.

Richara ir. general difgufts that had been given by the weak and arbitrary conduct of the
k. of England. ^. himfelf. Henry mounted the throne, vacant by the forced refignation
1399- and parliamentary depofition of Richard, the laft of September. The two
Rym. vol. vi». g reat chieftains of the northern marches *, Henry Percy earl of Northumber-
land, and Ralph Neville earl of Weftmoreland, with their warlike followers,
joined Henry foon after his landing, and were his principal aids in effecYing
this great revolution -J-.

• Harding fays, That Henry Percy earl of Northumberland, and Sir Henry Percy his fon,
firnamed Hotfpur, were at that time wardens of l he march fever ally.

The fame author relates, That the duke of Hereford fwore upon the facrament before the Perciej
and Weitmoreland at Doncafter, that he would claim no more than his mother's heritage, and his
father's and his wife's lands ; and that the Percies having fent their forces home, while Henry kept
his, and thofe of fome of his friends with him, he was thereby enabled to feize the throne. Hard-
ing, p. 19;, 196.

f In reward of their eminent fervices, the earl of Northumberland was created conflable, and the
«arl of Weftmoreland marfhal of England for life, on the very firftday of the king's reign ; and the
earl of Northumberland had loon after conferred on him the lordfhip of Man.

THE

B O R D E R-H I STORY

O F

ENGLAND and SCOTLAND.

BOOK VI.

TH E truce between Robert III. of Scotland, and the late king Richard, Henry iv.
expired juft: at the very time that Henry IV. mounted the Englifh throne ; K R° f bc E r ?nT d '
at leaft there is no evidence of its being prolonged beyond the Michaelmas of k. of Scotland.
this year. The Scots, freed from this restraint, and encouraged by the con- ' — y~~~~ J
fufions in England, the abfence of the northern lords, and the peftilence
which then raged in thefe parts of the kingdom, made an inroad into it; where
they took the caftle of Wark, and after having held it for fome time, aban- w a is n g. P . j6 a ,-
t'oned and utterly demolished it. They alfo committed great inroads in feve- J' Stow »p-3M»
ral other places of the country. While they were carrying on this work in
Coquetdaie, they were attacked by Sir Robert Umfranville*, the chief lord of
that diftrict, at a place called Fulhoplaw, in which conflict Sir Richard Ru-
therford and his five fons were taken prifoners, alfo Sir William Stewart, John
Turnbull, firnamed Out with the Sword, and many others. There was for
fome time a great appearance of their being powerfully leconded in thefe hofti-
lities by the king of France, who was highly incenfed at the depofuion and im-
prifonmentof his fon-in-law. But the menaces of France, and plottings of his
friends, ferved only to haften the fate of the unhappy Richard, who, about
the beginning of the following year, was (tarved to death in the caftle of Pom- a. d. i 4cw
fret. Soon after this event, the truce of twenty-eight years was confirmed by Jan. 6.
the monarchs of France and England; but the king of Scotland refuled to be Rym.voi viii.
comprehended in it. A principal reafon of this, according to the Scots hif- p ' I4S-
torians, was the conduct of Flenry, with regard to George Dunbar, earl of
March; who, abandoning in difcontent his native co>. ntry, had en , red into a ib. P . i 3J .
treaty with the Englifh king, and been received into his protection. This

* This Sir Robert Umfranville is faid by Harding, in the preface to c. 198, to have been made
knight of the garter, and captain of Roxburgh.

powerful

S 68

Henry IV.

fv. of England.

1400.
Buchanan, I. 10,
c.j.

Rym. vol. viii.
p. 133.

J u 'y *i

lb. p. 153.

(^) Suppowaile
in orig.

(£) Suppowaikt.
Buchan.

Ib.l. io.c 6.

THE BORDER-HISTORY OF

powerful chieftain was provoked to this defection by an injury and affront
received from king Robert, in breaking off a match that had been concluded
between his eldeft fon and the earl's daughter. The earl of Douglas, jealous
of the aggrandifement arifing from this alliance to the family of his neighbour,
and thinking his own better entitled to fo high an honour, prevailed with the
duke of Albany, who entirely governed the affairs of his we;>k brother, to have
the contract between the duke of Rothefay and the earl of March's daughter
annulled, and his own daughter fubttituted in her place. It is alfo faid, that a
fum of money, that March had paid as part of his daughter's dowry, was iniqui-
toufly detained. The Englifh king had appointed the earl of Weftmoreland,
and the abbot of Alnwick to treat with the Scottifh earl in the month of March ;
and when the king was come to Newcaftle, on his expedition againft Scotland,
the earl met him, in order to perfect: his agreement with Henry himfelf. By
an indenture drawn up in that place, the earl obliged himfelf to iurrender, or
renounce, all homage, fealty, and fervice to Robert, pretended king of Scotland,
before the 23d of Auguft next : in confideration whereof, the king, within
that period, or two days after, engaged to grant, by his letters patent, to the
eerl, his wife, and their heirs male, an eftate in Lincolnfhire, and an align-
ment on the cuftoms of a town in that country, to the amount of five hundred
nierks a year, and alio another manor for the earl's life*. In return for this
grant, the earl obliged himfelf to perform liege homage and fealty, without
exception, to the king of England •, and within fourteen days, from the date
of this agreement, if the king fhould then be entering Scotland, to fend his
fon Gawin -f- as an hoftage to remain at his court it was alfo agreed, that
from the date of this contract, the fubjects of the king of Englami mould fup-
port (a) the earl in time of neceffity ; and in like manner fhould be fupported by
him, and received into his cattle of Dunbar, or 01 her fortreiTes : and on the
other hand, that the earl's men fhould be lent when neceffary, to fupply the
garrifons of the catties of the Englifh king in Scotland, and be received and
fupported (b) in thefe catties. When the earl of March went into England, he
had committed his cattle of Dunbar to the keeping of Robert Maitland of Lid-
in<non his nephew, but the king of Scotland being informed of March's per-
fidy, ftnt the earl of Douglas to require the furrender of that cattle : Maitland
obeyed the fummons; and March, on his return, finding his principal place of
ftrength in the hands of his rival, immediately retired into England with his
wife, family, and friends. In conjunction with lord Percy, he fought his
revenge, by making inroads into the territories of Douglas; and, at the head
of two thoufand men, thefe chieftains penetrated as far as Haddington, When
they had ravaged the adjacent country, and collected much fpoil, the earl of
Douglas came fuddenly upon them at Linton : alarmed by his unfu-
ipected approach, they abandoned both their prey and baggage; and betak-

• The caltle and lordfhip of Somerton was the eftate; the ajjlgmnenl was on the cuftoms of St.
Bciolph j the manor, for the earl's life, was the manor of Clippefton, in the foreft of Shirewood.
f Gawin Dunbar was his third fon. Crawfurd's peerage.

ENGLAND AND SCOTLAND. 3 <5 9

ins themfclves to a precipitate flight, did not flop till they reached Rob "' t ,!f -

T> D • 1 * K. of Scotland.

Berwick*. ^_ .

The Englifli king entered Scotland about the 8th of Auguft, with a nu- 1400.""
merous army. Before he left NewcaUle, he wrote letters to the king and *J™'* i ' r 55i
prelates of Scotland, requiring them to meet him at Edinburgh on the 23d of
Auguft, iri order to pay him liege homage and fealty. He alio gave a com-
miffion to three knights, and as many fquires, to deliver theie letters to the
perfons to whom they were directed, if they could conveniently obtain accefs
to them; otherwife to read them publickly by way of proclamation at Kelfo,
Dryburgh, Gedworth, Melros, and Edinburgh, and other public places of the
kingdom. From the places mentioned in this commiffion, it would feem, that
Henry, in entering Scotland, took the road by Kelfo towards Edinburgh.
Hisftay in Scotland was very fhort; for he had come back to Newcaftle in the
beginning of September. Finding that there was no profpect of bringing the Rym. ib. 159,
Scots to a battle, having in vain attempted to reduce the cattle of Edinburgh,
which the duke of Rothefay kept, and beginning to be diitreffed with bad wea-
ther and fcarcity of provifions, he returned to his own kingdom ; having
treated his enemies in the whole courfe of the expedition with remarkable
lenity. This behaviour he affected to have afcribed to his gratitude to the
Scots, for their feafonable hofpitality to his father, in the time of Wat Tyler's
rebellion ; but the. confideration of danger, to which they were expofed from
domeftic enemies, was a cogent motiye with both father and fon, to court the
friendfhip of their formidable neighbours -J-.

Henry perfifting in his pacific views, and the Scots, it is probable, being
foftened by the ufual lenity exercifed in the late invafion ; a truce for fix weeks J^™'/ ^'"'
was, on the 9th of November, concluded between the deputy wardens of the

p. 166, 167.

•The dates of the tranfa&ions of the earl of March with the king of EnglanJ, as they appear in
Rymer, are proofs, among many others, of the inaccuracy of the Scottifh hiftoiians. They reprefent
his expedition into Lothian, in company with Hotfpur, as fubfequent to his caft'e being feized by
orders of king Robert, and as happening in the month of February; whereas it appears from the
indenture at Newcaftle, that March was ftill poffefled of his caftle, when he concluded his bargain
with Henry. It is alfo plain, that he was redding in Scotland about the end of June, from a fafe-
conduft, dated at Pomfret on the 21ft of that month, for his coming into EngL.nd to a conference
with the king. Rymer, ib. p. 149, The kings were ftill treating at this time about accommodat-
ing their differences. John de Merton, archdeacon of Tiviotdale, and Adam Forfter had been
envoys on this errand from the king of Scotland. They left Henry at York, on the 22d of June,
and their fafe-conduct, for feven weeks after that date, bears, that they propofed to return upon
the fame progrefs to whatever place the king fhould happen to be at in England. (Ibid.l Sir John
Swinton, an eminent knight, within the territories of the renegado-earl, obtained, foon after, a
fafe-conducf for coming to the prelence of the Englifh monarch. (Rymer, ib. p. 151). Henry and
he either did not conclude a bargain, or Swinton (as is hinted in Stowe, p. 528.) ha'd broke it; for
the latter fell two ) ears after in the battle of Homeldon, fighting on the fide of the Scots.

•J- In this war, Sir Richard Rutherford and his fons, and John Turnbull, firnamed Out ivi/ir the
Siuord, as is related above, had been made prifotiers. Hei.ry gave an order, dated the 30th of
October, to the carl of Northumberland, to command the EngLfh captains, or others who had
taken the perfons above-named, together with fbme other Scottifh captains and .leaders of men at
arms, whofe names are not mentioned, not to ran Tom or fet free thefe prifotiers without farther
orders, under pain of the higheft forfeitures. Rym. torn. viii. p. 162.

While Henry was in Scotland, Harding fays, the Scots binned Bamburghfliire in Northumber-
land, both wardens being gone with the king, c. 200. #

B b b marches.

3 ;o THE BORDER-HISTORY OF

K H ofEnTlnd marcn * s - During the courfe of this, another truce was concluded at Kclfo on
■, .. v _ _, ' December 21, by fpecial commiffioners from each king*, that fecms to have
a. d. 140. continued all the following year. In this interval, the duke of Albany follow-
ing the example of barbarous ambition, that had been lately given in England,
famifhed to death, in the caftle of Faulkland, his nephew the duke of Rothe-
BucW 1. 10, ^ av > apparent heir to the crown. In the neighbouring kingdom, Henry was
c 10. employed, though with little fuccefs, in quafhing the infurrection of Owen

Glendower in Wales, which had begun laft year, foon after his leaving Scot-
land.
a. d. 140*. In the year following, hoftilities began anew between the neighbouring

kingdoms. The earl of March had, in the preceding fummer, received from
Rym. p. 105. Henry a grant of the manor of Clippefton, in the foreft of Shirewood, as had
been agreed in the indenture made at Newcaftle. He had alio, in fulfilment
of the fame contract, obtained an order to the wardens of the Engiifh marches
Rjm vol. viii. and other officers, to admit himfelf, his men, and fubjects -j-, into the caftles,
p ' 111 ' fortreffes, and walled towns of the kingdom of England, or within the king's

dominion in Scotland, with licence of remaining and withdrawing at their plea-
fure •, but under condition that they fhould come into fuch places in moderate
numbers j and, at entering, engage themfelves by oath to a peaceable and
faithful behaviour. In the fpring of this year a farther grant was made to the
March 13. earl of 400 1. a year, during the continuance of the war with Scotland, on con-
»■ p- Hi' dition of his finding twelve men at arms, and twenty archers on horfeback, to
ferve the king againfl: the Scots. The earl's fon, Gawin, was alfo retained in
the king's fervice, by a penfion of 40 1. a year during pleafure. It feems pro-
bable, that fome other Scotchmen were at that time difpofed to follow the
Apr ;i , 7 , example of March ; for in a commiffion given to the two Henry Percies, the
lb. P . 251. earl of Northumberland and his fon, and to Ralph Neville earl of Weftmore-
land, to treat with the king of Scotland, they are at the fame time particu-
larly empowered to receive into the king's protection and obedience, all man-
ner of Scotchmen, who were inclined to fubmit to him, and become his
lieges.
Buekan. The earl of March and his followers, in conjunction with the Engiifh bor-

Muiiagatci. derer«, began, on the expiration of the truce, to infeft the Scottifh marches.
In order to repel and revenge their depredations, Archibald earl of Douglas,
who had the chief direction of military affairs in Scotland, fent forth- parties
under different leaders and in different directions. Thomas Haliburton, ljrd
of Dirleton, was one of thele captains; who, having ravaged the country near
Bamburgh, returned fafe with great fpoils. Patrick Hepburn, younger of
Haills, was not fo fortunate : he had penetrated farther into England, with
more numerous forces, and was returning with a greater booty ; but fruiting

•The Engiifh commifiSoners for negotiating the truce concluded at Kelfo, were,. William Ful-
thorp, and Gerard Heron, knights ; John Mitford, Efq; and Mr. Alan Newark, clerk: the Scot-
li(h were Sir William Bonhwick, Sir John Ramorgny, and Adam Forrter, Efq. The fame perfoiu
were appointed on each fide to be witnefles of the kings of each nation fwearirjg to th« obfervatioa
ef this truce.

■f SulJieiJiJ.

too

P. 6ii.

ENGLAND AND SCOTLAND. 371

too much to his ftrength, and probably thinking himfelfata fare diftance K Ro f b |* J,"",,
from his adversaries, he was fudienly attacked at Weft Ncibit in the Mers, / " .. c °. >a J
by the earl of March or his fon : Hepburn himfelf, with the flower of the uo».
youth of Lothian, fell in the battle; and John and William Cockburn, J tne "-
Robert Lauder of the B.fs, John and Thomas Haliburton, with many others,
were taken pri loners. The earl of Douglas, eager to revenge fo confiderable Rvm. »oi. viii.
a lofs, entered England about the middle of Auguft, at the head of an army p- * 72-
confiding of ten or twelve thoufand men ; in which were many of the moll
eminent perfons of the kingdom. This army dcftroyed and plundered the ib.p. »?*.
country as far as Newcaftle*; but as they were returning, the earl of Nor-
thumberland, and his fun Henry Hotfpur, with George Dunbar earl of March,
and feveral northern barons and knights, came up with them near Wooler,
pofted on the hill of Homeldon, about a mile to the N. W. of that place :
the Englifli feized a hill overagainft it, placing their archers in the interjacent ^'^'J^
valley between thefe eminences : thefe quickly difperfed the archers of the Hard.
Scotch army •, and the forces on the higher part of the hill being galled by the.r ^^ ^
arrows, earl Douglas led them bravely down, to come to a clofe fight with Holing, r'. 25*.
the Englilh •, but the Englifli archers falling back as the Scots advanced, and ^ ar 6 "* c ve1, "
ftill making a furious and inceflant difcharge of arrows, which no armour was
able to refill f, the Scots were foon totally routed. Sir John Swinton and
Adam Gordon rallied part of the broken army, and endeavoured to renew the
battle; but their men were difperfed, and they themfelves flain. The purfuit
of the Scots was continued to the Tweed ; in which many, not knowing the
fords, and entering the deep parts of the river, were drowned. The earl of
Douglas having loft an eye, and received five wounds, was taken prifoner.
There were alfo taken, Murdoch earl of Fife, fon to the duke of Albany, the
earls of Murray, Angus, and Orkney, the lords Montgomery and Erfkine,
Stewart of Innernethy, Sir Patrick Graham, Sir Robert Logan, Sir Adam
Forfter, and about eighty other knights. There were flain in the engagement,
Jehn Levingftone of Kalender, Alexander Ramfay of Dalhoufie, with many
others of the Scotch nobility and gentry, and feven hundred common men :
fo that this battle is juftly reckoned one of the moft fatal to Scotland that
ever happened on the borders. No perfon of note on the fide of England fell,
or indeed fought in this engagement ; the victory being entirely the work of
the Englifli archers J.

• The counties of Northumberland and Cumberland had fuffered fo much by the incurfions of
the Scots, that at the r««oe(l of the parliament, the king remitted to them all taxes and debts due
by them to the crown. Rym. vol. viii. p. 283.

f Stowe fays, that the armour of earl Douglas, and his accomplices, had been three years in
making, p. 328.

Old Song of Chevy-Chace fays, that, at Homeldown fix and throtte Scottifii knights, on a day
*vere beaten down, Glendale glytteryd on their armour bright, ever caftill, towar, and town. Rel.
Eng. Poet. vol. i.

X Henry fettled a penfion of 40I. a year on Nicholas Merbury, an efquire of the carl of Nor-
thumberland, in reward for bringing him the firft certain intelligence of this victory : In the grant
of this penfion, which was confirmed by his fon Henry V. it is faid, that four earls, feveral
barons and bannerets, with a great multitude of knights and efquires, both Scots and Fiench, were
taken ; and a great multitude killed and drowned in the water of Tweed. Rjmer, vol. ix. p. 26.

B b b 2 Henry,

$ 7 2 THE BORDER-HISTORY OF

Henry iv. Henry, in the congratulatory letters* he wrote to the Percies, and the red

k. ot England^ ^ j.^ leaders in this battle, ftricUy charged them not to ranfom, nor difmifs,
"^402. ~~ on whatever fecurity, any of their prifoners, without his exprefs allowance,
p m ep voi"i'ii. This prohibition is faid to have provoked, in old Northumberland and his fon,
P . *j8. ' a refentment, which not long after broke out to their own deftruftion. Their

anger however mufl either have been long concealed, or the king muft have
^r^hl°*' been feeking to pacify it, when about fix months after, he made a grant to the
Kym. vol. viii. earl of Northunberland of all the lordfhips and eftates in Scotland, that had
p ' 2S9 ' been poffeffed by the three late earls of Douglas, or were poffeffed by the

prefent earl of Doughs or his mother Johanna j-, and alfo of the county of
Tiviotdale, as the reward of his late fuccefsful expedition againft the Scots,
lb. z 9 o. Thefe poffeffions of the Douglas family, the king affirms, that the earl and his

followers had in this expedition fubdued •, though the Scotch writers only men-
tion his befieging in vain the caftle of Cocklaw in Tiviotdale. Pofterior to
this grant, a commiffion was iffued at the requeft of the earl of Weftmoreland,
March 9, nominating the lord Lovel and eight others, whereof four were clerks, to
examine and decide certain differences that had arifen amongft the vaffals of
Weftmoreland and thofe of the two Percies, about their right to prifoners taken
in the battle of Homeldon ; which could not be properly determined by the two
earls, though judges in the king's military court-, nor by Henry Percy the
fon, who was a judge in fuch matters, on the marches of Scotland ; becaufe
of the particular intereft they had in thefe actions. It is not improbable, that
an appointment of this kind would give great offence to men fo mighty, and
accuftomed to fuch arbitrary power over their extenfive domains as the Percies
then were J. But

* Such letters were directed, befides thofe to the Pe'rcies, to George Dunbar earl of March,
Ralph baron pf Greyftock, Sir Henry Fitz-Hugh, Ralph Ewer, the lieutenant of Roxburgh and
conllable of Dunftanburgh. One view ot the king In detaining thefe prifoner?, appears to have
'been, to make a parade of exhibiting them to his parliament, that met on the fifft of October.
On the 20th cff that month, the earl of Northumberland and other lords, brought before him into
the parliament houfe, where he fat on his throne, Murdoch Stewart, ion to the duke' of Albany,
the lord Montgomery, Sir William Grave, and Sir Adam Forfter, Scots; and Sir James de Hel-
tey, Sir Pierce Hazars, and John Darney, cfquire, Fienchmen. Having made their obeifance, Sir
Adam FodK-r, in name of them all, humbly prayed the king that they might be treated according to
'the'COurfe of the war ; which; on account of their being taken-while fighting" in the field of battle,
was readily granted. After this, Sir Adsm declared, that, in confequerree of the late' vifrory, ; it Was
now in the king's power to obtain a final peace, or a league with Scotland. Upon which the king
told him, that, by his own flattery and falfehcod, he had learned to be wifer than to trull them; as
he (Foriler) had engaged the king, relying on his word, to leave Scotland fooner than he intended
to do. 1 or this S r Adam afked pardon, and tlvn ihey were committed to the care of the Reward
of the houfehold, to wait the king's pleafure. Pari. Hill, vol, ii. p. 73.

•f Crawfurd calls her Margaret. She was daughter and fole heir of the lord Bothwell. The
particulars mentioned in this grant are, the earldom of.Douglas, the valleys of Efkdaie, Liddif-
dale, and Lauderdale, the lordlhip of Selkiik, and forelt of Etritk, and all other eftates and
lordihips held by the. prefent earl of Douglas, his mother, or three predeceflbrs ; the lotdlhip of
Galloway, the town of Annan excepted: then the county of Tiviotdale is granted, (with the ex-
ception of the caftle and town of Roxburgh, and the town of old Roxburgh) and alfo the barony
of Sprowfton, with all the dependencies of ea h, which are faid to have belonged to Ralph
Neville, late lord of Raby, John hi; fon, or Ralph the fon of John, then earl of Weftni >n land.

J Haiding fays, that king Henry blamed Henry Hotfpur for not bringing to him lii<. "prilbner
the earl of Douglas, as his father had brought the earl of Fife. But Hotfpur detained Douglas,

becaufe

ENGLAND AND SCOTLAND. 373

But whatever were the particular provocation?, it is certain that the earl of K R f b | rt !"" d
Northumberland, his fori Henry Hotfpur, and his brother the earl of Wor- , '*" J, '.
celter, entered into concert with the rebels in Wales, and joined in their hh-

project of depofing the king and advancing Mortimer the earl of March to
the throne*. The earl of Douglas, pri loner to the younger Percy, enga
to join in this enterprife, on condition of being reftored to his liberty, and
rewarded with the town of Berwick, if the undertaking fucceeded. He was
alio permitted to go into Scotland, to raife a body of his friends and clients to
aflift in the war. In the battle of Shiewibury, where this quarrel was decided, July**,
and young Henry Percy fell, earl Douglas, after performing the nobleit fe. ts
of heroic courage, was taken prifoner ; and the fuccefs of the king was very
much owing to the addrefs and bravery of the Scottifh earl of March and his
fon, on whom he foon after conferred ample rewards. The old earl of Nor- Rvm - vo1, v! "*
thumberland, at the time of his fon's letting out on this fatal expedition, lay fick
at Berwick j-. As foon as he was able, he directed his march towards his fon,
at the head of a good body of troops ; but finding the earl of Weftmorehnd in
his way, and alio receiving intelligence cf the defeat and death of his fon, he
retired to his cattle of Warkworth. Being foon after ordered to attend the
king at York, he obeyed the fummons, and made the beft apology he could
for his conduct. This was ib far admitted, that the king contented himfelf
with fecuring his perfon 5 for the caftles of Berwick, Alnwick, Warkworth,
• and others, were then held by the earl's men, and his vafials had many other
ftrong places in Northumberland; fo that a revolt of that province to the
Scots, was apprehended as the confequence, if feverer mealures fhould be
taken againft their lord. The gentlemen, however, of the country, beiides
renewing an oath of fealty to the king, were required to fwear, that they
would not give the earl of Northumberland counfel, aid, or iervice, againit
Henry or his heirs J.

In the courfe of this year, Henry gave three different commiffionsto treat Rym.ib. ji».
with the king of Scotland about a peace or truce. He alfo gave his fafe- 3i ^\t&6.
conduct to deputies fent from th& French king, to inquire if his ally of Sept. 43.

Dec.

-4.

Scotland would be comprehended in the long truce that had then iubfifted Julys*
between France and England. It had been given out for fome time, and the lb - p- 3»s.

becaufe if he had fent him, he faw no hope of grace for Mortimer, who was his wife's brother,
and was then king Henry s prifoner. After p'rornifing, however, out of regard tb his own prefent
fafety, to' fetch Douglas to the king, he retired from-ihe couit, feeretly, to Berwick, and faw tha
king no more till he met him in the field at Shrewfbury. Harding, p. 201.

* Harding relates, that all the lords of England had promifcJ, by their letters to Percy, to
afliil him in dethroning the king, but brake all their bebcte. Jn the preface to his 203d chapter he
fays, that *ll the lords deceived the Piercies that were bound to them by their feals, except the
earl of Stafford ; which letters, adds he, I faw in the callle of Wiirkeworth, when I. was conlhble '
tinder my lord Sir Robert .Umfraviile,. who had that caftle of, king Heiiry, his .gilt, by forieituie-of
the earl of Northumberland. Harding, p. 201.

f Harding fays, that he failed his fon foul, without wit or rede.

JThe perlons appointed to adminiiler this oath were, John V/oderington, Gerard Heron, and
John Mitford, To the oath itfelf, in the French language, are fubjoiiiedj the following names,
William Clifford, Gerard Salvayn, William Fuithorp, John Wyderington, John Mitford, Henry
Boynton, knights; William Newfon, Alexander Bkacanfop, John Dokwtay, efquires. Rymer,
ib. p. 322.

report

574 THE BORDER-HISTORY OF

Henry iv. report was credited by many of both nations, that Richard was ftill alive, and

.-o gan . ^ a j taken refuge in Scotland. Henry, folicitous to avoid the hazards arifing

1403. from a pretender to his crown, courted very diligently the friendlhip of the

Scottifh king. But there doth not appear any proof of his fuccefs until the

a. d. 1404. fallowing year ; when commifTioners from both kings meeting in the caftie of
lb. 363. Pontefracl *, did, on the fixth of July, conclude a truce, to continue from

the 20th of that month to the following Eafter, on the footing of the truce
laft concluded at Hauden Stank, between the dukes of Rothefay and Lan-
cafter. And becaufe certain articles of that truce appeared of dark and
doubtful meaning, it was agreed, that commiffioners of equal number and
rank from each king, mould, on the eighth of next October, meet at Hau-
den-Stank, in order to afcertain, fix, and declare, the true fenfe of fuch
ambiguous claufes; and alio to treat of a peace, or truce, and the mutual
redrels of injuries.
July 9- About the fame time, and in the fame place, and with the fame view of

fecurity on the fide of the north, the king and his council made an agreement
Rym. vol. viu. w j tn t he e arl of Northumberland, by which the earl engaged to deliver up,
r ' 3 ** before the feaft. of St. Margaret, to perfons having commiffion from the king,

the caftle of Berwick, and alfo the cattle andforeft of Jedburgh, with all their
dependencies, which had been granted by a charter of Edward III. to the
earl's grandfather, Henry lord Percy, and his heirs : he confented alfo to refign
an annual revenue of 500 merks out of the cuftoms of the town of Berwick.
In return the king, with afTent of the dates of his kingdom, to be aiTembled
in parliament before the middle of December, or in cafe a parliament fhould
not be held in that interval, with the affent of his council and the other ftates
of his kingdom, which he promifed to convoke within that time, engaged to
fettle on the earl and his heirs, lands and tenements equal in value, and
accompanied with the fame honours, that belonged to the pofieffions now re-
figned. In cafe of failure of the king's part of this covenant, all things were
to be reftored to the earl, in the condition wherein they were at prefenc held
by him j but if the king fhould fulfil it, all the goods in the faid caftles that
belonged to the earl, or the value of them, was to be delivered up to him.
This agreement was confirmed by the oaths of the king and his counfel-
lors, on one part •, and of the earl, on the other. The earl had been brought
before a parliament that met this year, to be tried for his conduft for the part
he had in his fon's infurredion. The lords found him guilty only of a tref-
pafs, fubjecting him to a fine, to be impofed at the pleafure of the king. This
the king remitted; but his jealoufies were not removed. With a view of
giving more favourable impreffions of his loyalty, the earl brought along

Stowe, p. 330. w jth him to Pomfret his nephews and their fons. He was alfo attended by
Sir William Clifford +, who had been intruded by him with the keeping of

• The Englifh commiffioners were, Sir Ralph de Eure and Sir Roger Leeke; and the Scottifh, Sir
David Fleming, and Sir William Muirhead.

•f This Clifford, or one of ihe fame name, had the keeping of the fortrefs of Fafkaflle in Scot-
laud ; which the king, by an order, dated at Lichfield, Augufl zg, requires him to deliver up to
ihe king's fon, John duke of Bedford, warden of the eaft marches, 00 the feaft of St. Mary'i
Nativity, September 8, Rymer, ib. p. 370,

the

ENGLAND AND SCOTLAND. 373

the caftle of Berwick, and had refilled to deliver it up to the king's orders. Robert lit.
Clifford merited his pardon by carrying along with him William Serle, whom *' * Scotim *" A
he had got into his hands by a ftratagem •, and who being a fugitive in Scot- t^.
land, had diltrelfed Henry by fpreading a report, that Richard II. whom
Serle had fervrd as a gentleman in his chamber, was ftill alive in that
kingdom.

In purfuance of the agreement made in July at Pomfret, commifTioners Rym> ; b . ^
were nominated by the king of Scotland, to meet on the day prefixed, at
Hauden Stank, with others Irom the king of England ; and fuch powers were
given them as that treaty required. But this meeting does not fceni to have
been held; for in the beginning or March, in the following year, the king of a. d. i4*>
England appointed commiffioner'. J to meet on the 24th of that month, and at Ry ^^ h 3
the place above-mentioned, with others equal in number and tank from the kino 385-
of Scotland, in order to explain the obiVurities mentioned in the treaty at Pom-
fret; their powers being extended to give alfo a fair and reaionable interpre-
tation of what was thought obfeure in the truce of Lenlinghen, which was the
ground-work of that concluded feven years ago between the dukes of Rothefay
and Lancafter. From the powers and inftru&ions of the Englifh commil-
fioners it appears, that theobfeurity fo often mentioned, lay in that article, by
which it was ordained, that thofe who pofiefled lands or houfes in the neigh-
bourhood of the catties of either kingdom, fhould pay and perform the duties
required by the truce then in force (that is the truce of Lenlinghen). The
commifTioners of the Englifh king were empowered to fettle, in concert with
thofe of Scotland, the precife limits and kinds of lands and pofTeffions, with
their poifefTors and inhabitants, that ought, by virtue of thefe truces, or either
of them, to belong to the caftles of Roxburgh, Berwick, Jedburgh, and alt
the other fortrefies and caftles of the king or his fubjecTs, fituated on the
marches between the kingdoms, or within the kingdom of Scotland. And ia
the inftru&ions given to thefe commiiTioners, they were charged to require of the
commifTioners of Scotland, to admit the article contained in the truce of Len-
linghen, relating to the caftles, in this fenfe, that the inhabitants lying nearer the
caftles of the king of England than thofe of the Scots, fhould pay to the governors . --.

of fuch catlles the duties that had been exacted in former times.. The commif-
fioners, however, were inftru&ed, in cafe of a pofitive refufal of the other fide
to comply with this demand, to recede from it, in the handfomeft manner they
could ; and to put off to fome fubfequent meeting, the farther confideration of
the obfeure words and articles in queftion. Whether a meeting was held at
Hauden Stank, in confequence of this commifiloo, or what was there
tranfacTed, does not appear. But new powers were given about the middle of Ib , r " lv *-
the following fummer, to John the king's fon, conftable of England and
warden of the eaft march, to negociate ^nd conclude a truce with deputies on ln Sc P ri
f.he part of the kingdom of Scotland, to continue until next Eafter ; and, in
orders directed to the northern lheriffs, for arraying the fenfiWe men of their.

Ry.u.ih. p. 414*

t The Englifh commiffioners were, Henry bifhop of Bath and Wells, Ralph earl of Weftmore-
hnd, Henry lord Fitz-Hugh, Ralph Iver, Robert Umfraville, Thomai Colville, John Mutord,
knights ; Mr* Allan Newark, clerk, and Rowland Vaux, ef^uire.

counties.

f/6 THE BORDER-HISTORY OF

Hcn.y iy. counties, to repel an invafion at that time threatened by Robert duke of Albany,
S.o £ng.^ j £ ^ a fg rmec ] 9 tnat; f ucn an invafion would be in breach of the truce then
i4°5- fubfifting between the Englifh king and kingdom of Scotland *.

This fummer produced a new confpiracy and infurredtion againft the king
of England, wherein the earl of Northumberland joined the archbilhop of
York, Thomas Moubray fon to the late duke of Norfolk, hereditary earl
Martha), lord Bardolf, and others. Although in appearance reconciled to
the king, Northumberland had fuffered from him, in his family and intereft,
what he never could forgive, Befides the fall of his fon in the battle of
Shrewsbury, and the execution of his brother after it, the poft of high
conftable which Henry had conferred on himfelf for life, and the wardenfhip of
the eaft marches, which had been poffeffcd by his fon Hotfpur, were given
to the king's third fon, John of Lancafter, afterwards duke of Bedford •, and
the wardenfhip of the weft marches, which old Northumberland himfelf had
held, was conferred on his rival neighbour the earl of Weftmoreiand : the
jealoufy entertained by the king, farther appeared by the rcfignation he had
demanded from the earl of the caftles of Berwick and of Jedburgh ; thefe irrita-
tions were extended to the earl's friends and clients, by the king's appointment
of commifiioners to compound with fuch as had followed the earl in his late
infurrecYion, and to grant them particular charters of remifllon, on their
paying the fines required ; although an aft of grace had been paffed, compre-
hending all fuch offenders. Theaftivity and art of the earl of Weftmoreiand,
feconded by John of Lancafter warden of the eaft marches, defeated the
whole project of this new infurreftion in its very beginning : while the earl
of Northumberland was preparing to- join his forces to thofe of the archbifhop
of York and the earl Marina], thefe, his confederates, werefeized and executed
Junes. as traitors at York. The king himfelf, on his arrival at Fomfret, iffued orders
to the wardens of the eaft and weft marches, to confifcate all the lands, for-
Poir 'junc4. ' treffes, and other poffeffions, of the earl of Northumberland ; and foon after,
lb. P . 399. having received intelligence that the earl and a great number of his traitorous
R ' p juns 10. friends and accomplices, adherents of the king's enemies of Scotland f, were
Ib,p.4oo, at that time in the caftle and town of Berwick, from whence they infefted the
king's faithful fubjefts in the adjacent country, he iffued orders to the fheriff

* The duke of Albany, in this paper, is called, pretended governor of Scotland. It appears,
from an order of the king to John TopclifF, his ferjeant at arms, dated at the caftle of Pomfret
2zdof Auguft, that the earl of Dunbar's fortrefs of Colbrandifpeth was then in the keeping of
of his fon George, as his lieutenant, by confent of the king of England. The king had allowed
George to eniplcy and de-il with Scotchmen, in order to provide victuals and other necefTaries for his
garrifon : but as a fbipmafter, called Chriftai, with feven other marines, were employed in this
work, Rowland Heion and Thomas Hiker, two foldiers of the garrifon of Berwick, feized thefe
men with two of their mips and cargoes, and carried them with an armed fcrce to Berwick. The
ferjeant at arms is ordered to find out the offenders, and to reduce, or, if necella.y, to compel them
to make rdlitu-tion and redrefs for the injury and violence they had committed. Rym. i.b. p. 41^.

f The charge- agabjfi the earl in the parliament held in the following year, wherein he was
forfeited, was his fending Sir Robert Boynton and two others into Scotland, on June 10, to nego-
ciate an alliance with Robert ill. and fome French commifiioners, for promoting their mutual
interests and views. Carte, vol. ii, p. 667. The letters of credence, that Boynton and his com-
'pEiiions had from Northumberland for this purpofe, were produced in parliament.

8 of

ENGLAND AND SCOTLAND.

of Yorkfhire, to fummon the whole military force of that country, to attend Robert uj.

K.t.i S'Jo'iand.

him acNewcaftle, in order to proceed againft thefe traitors. The king is laid
to have colletfed for this expedition an army of thirty-feven thoufand men.
He alio carried along with him artillery and engines neceffary for taking places.
of Strength. The earl of Northumberland, too weak to withstand lb great
a power, fled into Scotland, accompanied by lord Bardolf; and carrying
along with him his grandfon, the Ion of Henry Hotfpur. Sir William (>ray-
ltock was intrufted by him with the keeping of the cuftle of Berwick, which
he attempted to hold out in hopes of fuccour from Scotland. But the Brllt
fhot from a cannon of a large bore *, having demolifhed a confiderable part of
one of the towers, the garrifon, thrown into a conlternation, made an im-
mediate furrender. The king ordered the governor, and fome of the chief
perlons in the caftle, to be beheaded f, and others to be committed to prilon ;
and the other fortrefles in Northumberland pofleffed by the earl, were in a
(hart time, and with little oppofition, reduced J.

Many of the Scotch prifoners, taken at the battles of Homeldon and Shrews-
bury, had been ever lince detained in England. Some of thefe the king
offered to reltore, if their friends or kindred would feize Northumberland and Waifinghim.
Bardolf, and deliver them up into his hands. Sir David Fleming of Cumber- Swwe -G«»*
nauld, whofe guelts thefe refugees were, gave them timely notice of their
hazard-, and affilted them in making their efcape into Wales, where they
joined Owen Glendourdwy, Still in arms againft Henry. Fleming was foon
after killed by fome of thofe whofe project he had difappointed ; and fuch a
ieries of domeStic quarrels enfued, as obliged the Scots to conlent to a truce
with England. This feems to be the truce laft mentioned, which John of
Lancaster had received powers to negociate. Soon after it was concluded,
James, the only furviving lbn of the king of Scotland, a youth of about
fourteen years of age, was put on board a (hip privately at the Bafs, in order
to be conveyed to France. This ftep is afcribed by the Scotch writers, to the
dread entertained by the king and his friends, of the immoderate ambition of
the duke of Albany, to which the life of the duke of Rothefay had a few-
years before fallen a facrifice. The veflel, that carried the young prince,
palling near the coaft of Yorkfhire, was, notwithstanding the truce, feized by
the Englifh ; and Henry was not fo fcrupulous an obferver of public faith,
as to think of restoring fo valuable a prize. The diftrefs occafioned by this
miferable event, is faid to have broken the heart of the old king; but his
death happened not fo foon as mod Scotch writers relate ; for Robert did not
die till April 4th in the following year.

* Speed fays, from Walfingham, that this was the firfl time a cannon was ufed in England.

+ Sir Henry Bolton and Blenkenfop ; Prendergelt and others efcaped by fea. Hard.

X According to Harding, the callle of Warkworth was furrendered to Henry as he marche .!
northwards, after a fiege of eight days. The garrifon had liberty to go where they would with
horfes and harnefs. The caftle of Alnwick was yielded to the king without refiftance, on his
return from Berwick, by Henry Peicy of Athol and William Clifford, who obtained the fame
conditions as the garrifon of Warkworth had done. The captains of Alnwick being fummoned by
the king as he pafled northwards, anfwered, That let him once win Berwick, and they fhould yield.

Wjnne Berwick ones, he mould have his entent. Hard, p, 203.

C c c The

A. D, 1406.

373

THE BORDER- HISTORY OF

Henry iv. The duke of Albany, with the title of governor, which he had enjoyed

^toarfr 1 -' while his brother yet lived, continued after his death to exercife the ibvereign
K.of Scotland, power ; and he had grown fo fond of this, that he took no effectual ftep for
delivering the young king from his captivity. His Own fan was likewife flill
a prifoner in England *, and the earl of Douglas remained in the fame ftate.
Such an uncommon (lore of pledges for the peaceable behaviour of the Scots-
towards England, produced for fome time its natural effecl ; for truces were
renewed from year to year, and there were no hoftilities between the nations
until after Eafter in the year 1409.
a. d. 1409. During this interval, in 1408, theearlof Northumberland, accompanied by
Speedy 6io. 5 ' lord Bardolf, returned from Wales, and being joined by feveral of his ad-
herents in the north, marched into Yorkihire f. At Thriike, he publifhed a
manifefto, containing the reafon of his taking up arms ; and conliderable
numbers flocked thither to his ftandard. But Sir Thomas Rokefby fheriff of
Feb. 18. Yorkihire, with other knights of that county, levied forces, and attacked him
at Bramham-Moor, where, after a fharp conflict, Northumberland was {lain
on the field, and Bardolf mortally wounded J. The earl's head was cut off
and fent to London, where it was elevated on a pole, and expofed publickly
through the ftreets, and afterwards fet up on the bridge §.

The truce that had been laft concluded betwixt the kingdoms, expiring ir>

1409, the commons of Tiviotdale, in the fpring of that year, took and

Buehan. ^ plundered the caftle of Jedburgh, which having been in the hands of the

«,»i*. ' Englifh fince the battle of Durham, proved a continual annoyance to the

adjacent country ; and that it might no more ferve the fame purpofe, it was-

with great labour levelled with the ground **. The Scots alio gained another

* Since the battle of Homeldon. •

+ CXher writers fay, the- earl of Northumberland and lord Bardolf returned from Wales to
Scotland, and that they entered England by the northern count es, at the head of fome Scottifh
trnrjps, levied by the connivance of the duke of Albany regent of the kin t doai. Rapm, quoting
Waifingham, voi. i. p. 499.

I For this good fervice, Henry granted Sir Thsmas Rokefby, the manor of Spafwrd wit'i ,t>
appurtenances. Rym. vol. viii. p. 530.

§ Fordun's account of this tranfadlon differs from the relations given of ir by the En~lifh
hiltorian?. He fays, Northumberland was ruined by the perfidy of Sir Thomas Rokefby, one of
his vafials, who advifed him by letters winch he fent into Scotland, to levy a tew Scots and enter
Northumberland, alluring him, that he would be immediately joined by fuch numbers, as would
enable him either to riethione king Henry, or at leal! to foice that king to a treaty, and thereby
recover all his former poffefli >ns. Northumberland, ForJun add?, trufting to the fidelity of
Rokefby, -ha lened to his destruction. For having fi\ed upon a day when he was to enttr Northum-
r. -iland, and appointed a place where Rokefby Wis to meet him, Rokefby betiayed him to
king Henry, and collected fectetly fuch a force, as enabled the traitor to cutoff both Northumber-
land and his file. id Bardolf, at a place called Berrymore. This account of the fate of Northum-
berland is not improbable, and the E'lgliih hiltorians, perhaps, have fupprefl'ed the treachery of
Rokefby, cut of flatteiy to the houle of Lancaller. F'ord. 1. 1 5. c. 19.

*"• fotuun relates, that a convention (generate con ilium) held at Perth, refolved, that a tax
(hotild be imppfed ol two-pennies, on every lioufe that raifed fire, for defraying the expence of this
demolition ; but the go.ernor oppoled it, faying, that no tax had ever been raifed in the time of
! is j overnmen'r, nor IhouU be railed, kit the poor fhould curie him, as the intro.lucer of fjch an
abjf' : he thfcfoie immediately ordered, that the people of the march fhould be paid out of the
roy.ii cuf.oni.% for their labour in deftroying this caflle. Whence he get bleflin?,s of the people

beyond nu

confiderable

ENGLAND AND SCOTLAND. „ 379

considerable advantage .this year, in the return of the ear] of March to his own r»™«i-

country. Having failed of his hopes, or received fome difguft at the Englifh, J — „ '

court, he entered into meafures with the governor of Scotland; from whom' >4o».
he obtained his pardon, and was reftored to all his former poffeffions, except-
ing the cartles of Lochmaben and Annandale, which were given to the earl of
Douglas, in compensation of the lofies be had fu Rained from March.

' Commiffioners were twice appointed this year, to hold meetings on the r^"'"^^
marches, for renewing the truce, and redreffing mutual injuries ; and atone p.' 5 8.|.Co9.
or both of thefe meetings, fhort truces were aclually concluded. This
appears from a letter of the governor to the king of England, in the month A.am*
of May, in the following year, by which he intimates his approbation of a lb ^ 6 '
truce lately concluded by commiffioners of both nations, on the 21ft of the
preceding April, to continue until the 21ft of May in the enfuing year •, and
declares it to be his pleafure, that it fhould be obferved, according to the
form and effect of the truce that had been agreed on in the foregoing year. The n,, p , 63,.
truce of this year was concluded at Hauden-Stank, and the Englilh commif-
fioners employed in it, had a particular charge to require of the duke of
Albany, and his commiffioners appointed to treat with them, to employ all
poffible means to procure the return of the earl of Douglas to the pretence
of the king of England, as his prilbner, as good faith required; and to certify
the perfons above-mentioned, as alio the earl and his friends, that if he did
not, in the fpace of a month from the time of this requifition, deliver himielf
up to the king, or his fon John, warden of the eaft march, he would proceed
to treat the earl's hoftages as the laws of arms required; and would alio, as
occafion offered, profecute the earl with his whole force, as his prifoner and
a Iverfary. This requifition, made in fo high a tone, appears not to have been
unprovoked. Eor the earl had, in fummer 1408, obtained leave to go into ,. 6>
Scotland, upon his obliging himfelf by indenture to return to his imprifon-
ment on Eafter-Day, in the following year ; for fecurity of which, he left
behind him five hoitages, and of thefe, his fons Archibald and James, were
two*: he had alfo engaged to oblerve a particular truce, that he had con-
cluded with John of Lancafter, warden of the eaft march, to be kept for the
earl's bounds on the marches of Scotland, from Eafter 1408 to Eafter 14C9 f.
He had now delayed his return a year beyond the period agreed, and, to
enhance the provocation, in the courfe of that year, the caftle of Jedburgh,
. fuuated within the earl's territories, and which had fo long been pofiefled by
the Englilh, was taken from them.

* The others were, William Douglas, eldeft fori to Sir James Douglas, fon and heir to the lord
of Dalkeith, Sir Simon Glendounwyn, and Sir Alexander Gordon lord of Stichel.

■f In the preceding year 1407, he had, on the fame confideration of obtaining leave to return to
Scotland, obliged himfelf to become the man of the king of England and his four fons, before all
men, and againll all men, the king of Scotland, James, the fon of the lait king deceafed, alone
excepted; and not even to ferve the king of Scotland, nor any other, againll the king of" England
and his four fons : he engaged farther, tha', during his Hay in Scotland, all his men fhould be on the
fide of Henry and his fons, and not agninil them, or any of them ; and that on his being fully
liberated, he and his men mould remain under this obligation, during the term of his life,
lb. p. 478.

C C C 2 It

3 ?o THE BORDER. HISTORY OF

Henry iv. ft was perhaps owing to fome difficulties with regard to the earl of Douglas,

vJ 0> - -"-*_» tri at the king of England doth not appear to have ratified the agreement con-
i4'o. eluded at Hauden-Stank. The coniequence of his refufal was, the con-
tinuation of hoftilities between the nations, but with a fmall exertion of force
Buchan. on either fide. In the courfe of thefe hoftilities, Patrick Dunbar, one of the

Foidim' younger fons of the earl of March, accompanied by a hundred refoluce men,

took by furprife, in the night-time, the fortrefs of Faft-Caftle. The governor
Thomas Holden, who, by his continual excurfions, had long infefted the
adjacent country, was made prifoner. And either in this, or the following
year, Gavin, another ion of the earl of March, in conjunction with William
Douglas of Drumlanrig, broke down the bridge of Roxburgh, and plundered
and burnt the town. The reduction of the caftle they did not attempt, being
unprovided with all things requifite for a fiege. On the other hand, the
Englifh, under Sir Robert Umfranville, who carried along with him in this
expedition Gilbert Umfranville titular earl of Angus, a boy of fourteen years
or age, who then firft difplayed his banner, made an incurfion into Tiviotdale,
wherein he burnt the town of Jedburgh, and a great part of the country
adjacent *. Umfranville was vice-admiral of England, and before this
Hatdb P 'c ?5 jo ex P e dition by land, had, with ten (hips of war, taken fourteen (hips, and

much rich fpoil, in the Frith of Forth, and coafts on both fides of it.

a. d. 141 1. In the fpring of the following year, it appears, that the earl of Douglas

Ry fis*!" >1 ' """ ^ad ma de U P matters with the king of England, and regained his liberty f.

May 23. For he and the earl of March, with feven others J, had a lafe-conduct granted

them to come to Hauden-Stank, with a competent number of attendants, to

meet there with commiffioners equal in number and rank from the king of

England, in order to treat of a truce between the kingdoms. It is probable,

that the terrible commotions in the north of Scotland, occafioned by the revolt

and invafion of John of the Ides, which terminated in the fierce and bloody

battle of Harlow, prevented the meeting of the commiflioners. For a com-

Sfpt.14. miffion was given in the following autumn, to two knights of Northumber-

• 7°3> 7<4- j anc j ^ £o meet W - K | 1 t [ )e f ame comrn iff 10 ners on the part of Scotland, that had

* A commiffion of array is directed to feveral knights, and other gentlemen, in the county of
Northumberland, in conjunction with the flieriff, to raiie the armed men and archers of that county,
in order to repel an invafion threatened from Scotland. Sir Robert Umfranville is one of this lift;
the reft are, Sir John Grayftock, Sir Thomas Grey of Heiton, Sir Robert Ogle, Sir John Wid-
rington, Sir Thomas Grey of Horton, Sir Wkflow Dorlieyner, Robert Harbottle, William
Mitford, Robert Tem^eft, John Errington, John Fox, and Roger Fulthorpe, July 5. Rym.
vol. viii. p, 369.

•f He feems to have agreed with the king for his raniom, and to have left hoftages for the
lecurity of its payment. Probably his kindred alfiHed him in this, for in May 1412, an acquittance
is given for 700 merks, in part of 1000 due by James Douglas lord of Dalkehh, for the ranfotn
of William DougLishis grandfon, who remained with the king's father Henry IV*. as an holfage for
Archibald earl of Douglas, lately a prifoner to his faid father. Rym. vol. ix. p. 7, 8.

X Thefe were, the uifhops of St. Andrews and Glafgow, Matters John Merton and Alexander
Cairns, clerks; William Grame, William Hay, and William Borthwck, knights. The Englifh
commiflioners were, Thomas bifhop of Durham, and Nicholas of Bath and Wells, Richard earl of
Warwick, Ralph earl of Weftmoreland, Baron Milton, Sir Thomas Gray, Sir Robert Umfranville,
Allan Newark, and Richard Holme, clerks.

§ Sir Thomas Gray and Sir Robert Umfranville.

5 been

ENGLAND AND SCOTLAND.

been nominated in May, and for the fame end ; and it is remarkable, that
thefe two knights had a feparate commiflion, to treat with two Scotch knights *,
(who were alio in the lift of the great commiflion,) as deputies and commif-
fioners from Robert governor of Scotland. It is probable, that thefe com-
miflioners concluded a fbort truce, which was to commence from the feaft of
All-Saints. For in the following fpring, an agreement was made between
commifiioners from the Engliih king, and the governor of Scotland, bearing,
that a particular truce between the kingdoms mould fubllft and be faithfully
obferved, from the mouth of Spey to St. Michael's Mount in Cornwall, by
land, and a general truce by fea, from the feaft of AlbSaints laft paft, until
Eafter in the year 14.18. This truce was of the fame tenour, force, and effect,
with that conducted at Haude<i -Stank, between the dukes of Lancafter and
Rothelay •, but with the referve, that, by virtue thereof, no priibners, that had
been taken before the feaft of Michaelmas in the year 1410, fhould regain
their liberty.

The governor of Scotland, growing very old, began to think ferioufly of
regaining the liberty of his eldeft fon, who had been more than nine years a
pril'oner in England. But while this was negociating, Henry, king of Eng-
land, died; after having fufficiently felt the mifery attending the greateft object
of human ambition, when attained and held by injuftice and cruelty. It was
perhaps, owing to the celebrated honour and humanity of Henry V. his fon,
that the deliverance of the Scotch king began firft to be treated of, foon after
Henry's acceffion to the throne. But the ambitious views of the governor for
the aggrandizement of his own offspring, and the mighty projects wherein
Henry foon became engaged on the fide of France, confpired ftill to pro-
long James's captivity. It appears alfo, that the fix years truce above-
mentioned, which had received the fanction of Henry IV. was fome way
defective or invalid-, perhaps on account of being concluded by Scottifh
commifiioners, who had their powers from the governor alone, without the
concurrence of the grandees or ftates of the kingdom. It is alfo probable,
that the Scottifh nobles were in this matter directed by their ancient allies of
France. For in the courfe of this fummer and autumn, a truce was con-
cluded between England and each of thefe nations, to continue until the firft
of June in the following year. That with Scotland -f , commenced from the
15th of Auguft, was of the fame tenour, force, and effect, with that which
■was laft concluded at Brigehamhaugh ; being particular by land, from the
mouth of the Spey to St. Michael's Mount in Cornwall, and general by fea;
and is called a good and lawful truce, probably to diftinguifh it from the
foregoing, which, from fome efiential error or defect, was not confidered as.
binding.

In a truce concluded between France and England, in the beginning of the
following year, to continue from Candlemas 1414 to Candlemas 141 5, the

381

Jamei I.

K. 01 Scotland.

1411.

A. D. 1412.

A. D. 141 3*

March. 20.

Henry V.

K. of England,

Rym. vol. lx»
p. 5.

A. D. 1414;
Rym. vol. vi,
p. 6s.

Rym. vol. !».
P. 9*.

• Sir Witliam Hay and Sir William Borthwick.

+ The Englilh commiflioners employed in this treaty were, Sir Robert Umfranville and Sir
Robert Ogle. The Scots were, Sir Patrick Dunbar of Bele, Sir William Hay of Lochorwart,
and Sir William Borthwick. Rym. ib. p. 40. 45,

king

82 THE BORDER- HISTORY OF

Henry v. king of Scotland was comprehended-, and as no hoftilities are recorded to

.' ° -"-".-1 nave happened during that period, it is Ijkely that the Scots accepted the

1414. comprehenfion *. Edward duke of York had been created warden of the

eaft march, in the room of John of Lancaster, who, in a parliament held at

Rym. ib.p. 194. Eeicefter in the beginning of laft fummer, was made duke of Bedford. In the
end of the year 1414, he had received powers from the king, by advice of his
council, to conclude by himfelf or his deputies, named by him, either general
or particular truces by land, with the deputies of the regent of Scotland, oroi the
waidms of that nation, or their lieutenants or deputies; under this condition, that
the forefaid truces fhould not exceed a quarter of a year in continuance. This
was alfo the method, at that time followed, in treating with France ; the inten-
tion of thele truces on the part of the Englifh monarch, being only to gain time,
in order to make preparations for a war that he had now fully relolved on. Ac-
cordingly the truce that expired with France at Candlemas, was coniinued, by
a new agreement, until the jft of May : and it is probable, that the Scots

lb. p. S17. conknted to this prorogation, or made a like treaty with the ilnglim warden,
although, before the expiration of this quarter, preparations were making in
Scotland, that gave an alarm on the Englifh border.

ib.p.i' 4 -' 5 ' Henry declared his purpofe of undertaking an expedition into France, for

the recovery of his inheritance, to a great council of his peers held at Weft-
minfter, about the middle of April. At this council, he alfo declared his
refolution of conftituting his brother, John duke of Bedford, lord lieutenant
of England during his abfence. He nominated likewile the lords of his
council, of which the earl of Weftmoreland was one, and to this lord was
committed the charge of the marches towards Scotland •, the lords Mauley
and Dacre being appointed his aflifhnts in that office. The men to be retained
under them for the defence of both eaft and weft marches were two hundred
lances and four hundred archers. The duke of York, though warden of the

lb. P .2»8. eaft march, had not any part afligned him in the care of the marches, becaule
he was going over to France with the king.

In the month of May, a comniiffion was given to Sir Robert Umfranville,
and to Sir James Harrington, lieutenant of Edward duke of York, as warden
of the eaft march, to negociate with commiflioners from Scotland, a proroga-
tion of the truce laft concluded, or a new truce, for what time they pleafed.

ik.p.a44. At the fame time, there was granted a fafe-conducl: to feven commiilioners
from Scotland, (of whom Robert, grandfon of the governor, and fon of
Murdoch, Mafter or earl of Fife, and George Dunbar, fon and heir of the
carl of March, were two j-,) coming into England, to treat with certain
perfons appointed by the king, concerning the deliverance of Murdoch from
his long imprifonmenr. The project was, to exchange him for Henry Percy,
fon and heir of Hotfpur, whom the old earl of Northumberland had carried

• The ear! of March is comprehended in this truce, as an ally of France, and the lords of Man
and the lfles, are comprehended as allies of each power.

+ The reft were, William Graham lord Graham, John Stewart earl of Buchan, fohii Stewart
lord of Innermeath, Robert Maxwell lord of CalderwooJ, and Mr. Andre»v Hawjl paifon of the
ciuitch of Lyfton.

with

)b, p. 440.

ENGLAND AND SCOTLAND. 383

with him into Scotland, in his flight from Berwick, nine years before; and J»w i.
whom he had left behind him, when he found it necefTary to abandon Scotland . • * "" <n ;
and feek refuge in Wales. By a h;ippy union of humanity, with good policy, n'$-

the king, in his laft parliament, readily granted a petition, prefented by youno-
Percy, requefting to be reftored to the eftate and honours of his father and
grandfather*. Such a reftitution, befides being grateful to many of the Fng-
lifh nobi'ity, could not fail to win the hearts of the Northumbrians; and it
was a point of no fmall importance to the king, to attach thefe to his interefts,
when he was on the eve of a war with I ranee; fuch wars fcldom falling to pro-
duce an attack from Scotland. And lb certain did it feem, that the abovelaid
exchange would take place, that the fame perlbns who had the king of Eng-
land's lafe-conduc~t, in coming into England to treat of ir, had another fafe-
conduct of the feme date, to lecure their going and returning when they fhould
come to the Calf-hill, in the neighbourhood of Berwick, bringing along with
them, and delivering, at that place, young Henry Percy ; and, on his deli-
very, receiving Murdoch of Fife, ion and heir to the duke of Albany. Not-
withstanding thefe promifing appearances, this exchange was not at this time
effected; probably through the influence of France with the Scottilh nobility.
It is likely that Henry, finding the Scots determined againft concluding a truce
of any length, and preparing to diftrefs his northern frontiers, upon his fettino-
out on his expedition againft France, ordered Murdoch, who was actually deli- it. p. 250.
vered out of the Tower of London, and on his way to Scotland, to be biought
back. Not able to brook fo fore a difappointment, he attempted to make his
efcape, but was retaken by Ralph Pudfoy, an Englifh efquire, who, in re- ib, p.sSo.
ward for this fervice, had a penfion granted to him of 20I. a year.

Henry, however, ftill defirous to preferve peace on his marches towards Ibi p< %0 .
Scotland, appointed and empowered Richard lord Grey, and Robert Ogle, Au 5 . e.
knights, and Mr. Richard Holme, clerk licentiate in laws, to meet with com-
miffioners from the governor of Scotland, in any place they fhould chufe,
either in Scotland or on the marches, to treat of a general truce by lea, and
a particular one by land, between the two kingdoms. The fame perfons had
another commifTion, empowering them to negociate with any perfons of the
kingdom of Scotland, having furficient powers for themfelves and that king-
dom, either general or particular truces by land or fea, and for what time they
pleafed, between the king and kingdom of England, and the perfons aforefaid,
for themfelves and the Scottiih kingdom. Thefe commiffions were iflued by
the king at Southampton, a few days before he failed for France ; and while
he yet remained at Southampton, he received intelligence from the North -j-, ib. p. 30731c

that

*' Ta Hency Pccy he granted his lands clere
That to the duke of Bedford then given were. Hard. c. 209.
+ This intelligence is faid to have been lent from the earl of Northumberland, warden of the •
eaft-march, towards Scotland, from his caflle of Warkworth ; and from Sir Robert Umfranville,
in letters dated at Berwick. Young Henry Percy was reftored to the dignity of earl of Northumber-
land in the la.il Englifh parliament, but was not liberated from his captivity in Scotland, till the end
of this year, or the beginning of the next. How comes he then to be now at Warkwoith, or to be
called warden of the ealt-march, when it appears that the duke of York had that office ?

Harding-

|8 + THE BORDER- HI STORY OF

HiurjYf that the duke of Albany purpofed, in a hw weeks, to befiege Berwick by. fei
£jfj^f^' and land •, that, in this undertaking, he was to be accompanied by all the
""~i4i7~~ ftates of Scotland, and an army of lixty thoufand men ; and that cannon and
other warlike ftores, neceffary for carrying on this fiege, were already (hipped
on board feveral veflels. The duke of Bedford, regent of England, was, in
confequence of thefe preparations, to fet out towards Leicefter, and to advance
'farther northwards, according to the intelligence he received concerning the
Scots, either laying fiege to Berwick, or otherwife entering England. And
letters were written, in the king's name, to the nobles and great men in dif-
ferent parts of the kingdom, to be ready to attend him in this expedition with
their followers. But either the Scots were not duly prepared for fuch an un-
dertaking, or fuch meafures were taken by the Englifh for their reception, as
obliged them to give it up ; for hiftorians mention no warlike tranlactions on
the eaftern marches this year. On the weftern, there were mutual inroads;
wherein Dumfries was burned on the one fide, and Penrith on the other.
King Henry, foon after returning from his fhort, but glorious campaign in
aym. »oJ.ix. France*, took the neceffary fteps for perfecting the exchange of Murdoch
3*3. 3*4- Stewart for Henry Percy. He appointed four commiffioners -f for fettling

with the governor of Scotland, or commiffioners from him, the conditions and
circumftances of this exchange •, and fent along with them a written obliga-
tion, by which he bound himfelf, on his good faith and royal word, that upon
Henry Percy being given up to his commiffioners in a itate of entire and per-
fect freedom, at fuch time and place as the commiffioners on both fides fhould
aoree, he would caufe his prifoner Murdoch Stewart to be delivered in the
fame ftate to the commiffioners from the duke of Albany. He alio gave an
order and powers to Richard lord Grey, whom he had made warden of the
caft marches, in room of his coufin the duke of York, who was (lain a few
weeks before at the famous battle of Agincourt, to grant in the king's name
fafe-conduds to all perfons coming towards the faid marches, from the king-
dom of Scotland, for agreeing and tranfadting this exchange^. The exchange
was accordingly effected; and Henry Percy took his feat in the next Englifh
parliament as earl of Northumberland, and in that quality paid his homage to
the king. A fum was alfo paid by the duke of Albany to the earl, as the ran-
fom due for Murdoch Stewart ; who had been the prifoner of the earl's father,

Rym. vol. ix. or grandfather, at the battle of Homeldon.
■f.403. ©

Harding fays, That Sir Robert Umfranville, who had at that time the keeping of Roxburgh
cadle, fought at Geteryng this year with the Scots, on Madelyn day (July zzd or 23d). Umfran-
ville had but feven fcore fpears and three hundred bows, with which force he difcomfited four thou-
fand Scrts, and chafed them twelve miles into their own land. He took three hundred and fixty
prifoners (xviii. fcore), and flew fixty, and put to flight one thoufand. (So the verfe, but the profe
title of the chapter fays, the Scots were four thoufand.) Umfranville went afterwards with the king
to the fiege of Harfleur, accompanied by Harding. Whtre ii Geterynge ? Hard. c. 212.

• He gained in this campaign the famous viftory at Azincourt, on Crifpinand Ciilpinian's day,
i. e. Oft. 25. Harding.

+ Thefe were, Sir Ralph Eure, and Sir William Claxton, John Huntman matter in theology,
and Richard Holme licentiate in laws.

J A like order and powers were fent to John Neville, fon to Ralph earl of Weftmoreland, who
was now warden of the weft marches, in 100m of his father.

The

ENGLAND AND SCOTLAND. 385

The following year, and part of the next, were employed by Henry in ,. J'™" '•

■ J ± r • , • • , • n. c ■ ■ i K. of Scotland,

various negociauons, tor promoting his mighty project or acquiring the crown , _ .
of France •, or, at leall, of recovering what had been yielded to Edward 111. A - D > »i«6.
by the treaty of Bretigny. Thole negociatiohs were carried on with the gran-
dees of France, who remained his pnfoners fince the battle of Agincourt ;
with the heads of the fadtions of Orleans and Burgundy, who lacrificed all
public regards to private ambition and revenge; and with the emperor Sigif-
mund, and other foreign princes. A truce, during part of that time, was con- - vc]m -, ti
eluded with France, in which Scotland was Comprehended; and, while this p. 417, 418,
truce concinued, a private agreement was made between Henry, and his pri-
i'oner the king of Scotland J, by virtue whereof, James was to be allowed to
go into Scotland, and to continue there a certain time ; upon his leaving with
the king of England fufficient hoftages for his paying 100,000 merks, if he did
not return in peri'on within the time limited. The bifnop of Durham, with
the earls of Northumberland and "Weftmoreland, had the charge of receiving
the oaths and obligations ol the Scottifli king and his hoftages, for the fulfilling
of this agreement; and alfo of examining and determining, according to their
beft difcretion, whether the perfons, offered as holtages, were able to pay the
above-faid fum. Safe-conducts were alfo iffued to feveral of the principal men
in Scotland, who were to come into England to affift in bringing this agree-
ment into effect. But Henry ftill perfevering in his views on the fide of
France, and probably finding the Scottifli nobles attached to their old ally,
with a zeal that was much more likely to engage the young monarch in their
meafures, than to be quafhed, or otherwife directed by him ; all thefe fteps
tending to regain the liberty of James, proved, for the prefent, ineffectual.

A fhort time before the Englifh king fet out on his fecond expedition to a. d. 1417.
France, he authorifed Henry Percy, earl of Northumberland, who was now ^Tg^ 01 " '**
warden of the eall march, to treat or conclude, either a general or particular
truce, by land or fea, with any fufficiently empowered from the kingdom of
Scotland, for what time he thought proper. But, inftead of entering into Fordun,
any fuch treaty, the Scots, foon after Henry paffed over into France, advanced,
with the duke of Albany at their head, towards Roxburgh; and in the neigh-
bourhood of that place defeated a body of Englifh troops. The governor
afterwards crofied the border; but had not penetrated far into England, when
the earls of March and Douglas prevailed with him to retreat*. They did wolfing, p. 399.
not think it prudent to rifk an engagement againft an army of one hundred
thoufand, whereof forty thoufand are faid to have been good troops ; who
were marching towards them under the command of the dukes of Bedford and
Exeter. Nor did the Englifh purfue the Scottifli army into their own country,
judging it better to content themfelves with a defenfive war on that fide, while

% In the original paper, here referred to, he is entitled, James Stewart, <who calls himjelf kin?
ef Scotland.

* Other authors fay, That upon the approach of the Englilh army, the Scots abandoned the fieges Eachardap.Afcer.
they laid both to Roxburgh and Berwick, with fo much hurry and confufion, that they left all their Drake's Hift.
tents, ladders, and engines behind them. Anglo-Sconca,

D d d their

3 S6 THE BORDER- HIS TORY OF

Ham-yv. their king, and the flower of their nobility and forces, were purfuin* their

K. of England. /T. ■ r j °

, _ _ _, conquefts in trance f.

a. d. 1418. To fave the borders, however, as much aspofllble, the wardens had powers
vz? < V -°o '*" to conc ^ U( ^ e Wltn tne governor of Scotland, either particular or general fhort
truces, even for the fmall fpaces of one or two months J. The Scottifh warriors
began alfo about this time to be ambitious of reaping laurels, in the bufier and
nobler fcenes that France prefented. Some fmaller bodies had gone thither be-
fore •, but in 14 1 9, or 1420, no fewer than feven thoufand were lent over, under
the command of John Stewart, earl of Buchan, the governor's fecond fon, as
auxiliaries to the dauphin, in the unnatural war he was obliged to wage againfl
his diffracted father and abandoned mother, combined with the kino- of Enp--

a. d. 1419. land and faction of Burgundy, in league with the king of England. In the
Sotdua. former of thefe years, William Haliburton of Faflcaflle, took the caftle of

Wark ; which was then in the keeping of Robert Ogle, and put all the garri-
fon to the fword. But it was foon after recovered by the Englifh ; for fome
of thefe who were well acquainted with the place, made their way into it
through a fewer, which difcharged the filth of the kitchen into the Tweed ;
and then breaking down a piece of a decayed wall, opened an entry for their
companions. The Scotch garrifon, being thus furpriled, were all killed on the
fpot, in revenge of the (laughter which they arid their countrymen had com-
mitted a fhort time before.

A, d. Mio. 1° the year following, the governor of Scotland died in a very advanced

Sept. 3. age *, and was fucceeded in the adminiftration by his fon Murdoch ; the fame
who had been fo long a prifoner in England. The old governor died of the
plague ; which raging at that time in the north of England, as well as in Scot-
land, obliged the earl of Douglas to return fooner than he intended, from an
inroad he had made this fummer into the Englifh borders ; wherein he burned

a. d. 141 1, Newark, and gained confiderable booty. But in the following fummer we
find this earl engaged in very different meafures. Henry V. after three years
abfence in France, had returned in the beginning of this year to England,
with his young queen Catharine. The king of Scotland had been a confider-
able time in France,, being carried thither, in the vain expectation, either of.

•J- In the courfe of this war, Sir Robert Umfranville, governor of Berwick (Harding erroneouily
makes him governor of the eail march), made great devastations in Scotland for two years, aihamed
of being idle, while his mailer was performing fuch great exploits in France. According to Hard-
ing, he burnt all the eail inarch, with all its market-towns, Hawick, Selkirk, Jedburgh, Durbar;
Lauder, alfo with Lauderdale, likewife the foreils, fro Berwick that 'were far, Jednuorth, and all
Tividnle, nnitb all their willagts great and fmall, without any help, but of his countrymen of
the Bifhoprick, and of Northumberland. Thefe exploits of Umfranville, if they happened in the
time of Henry the Fifth's fecond expedition into France, as Harding fays they did, are by that
chronicler erroneouily connected with, and placed after the fieges of Berwick and Roxburgh, which
happened in the beginning of Henry the Sixth's reign. Hard. c. 218.

% Such a commifhon is given to Sir John Neville, warden of the well march, or his lieutenant, in
the pages referred to of Rynier.

* Bower, the continuator of Fordun, places his death in 1419, September 3, and gives his epi-
taph in Latin, verfes, which agrees with this account :

Amio milleno quater C. X. que nomeno,

Ejufdem Flamen || turn Chrifto gaudeat, jfmen. Ford. 1. 15. C. 37.
H Spirit.

2 drawing

Tardun.

ENGLAND AND SCOTLAND. 3Z7

drawing his fubjects from the intereft of the dauphin, or at leaft reprefiing the K {,'s",,' - ^
ardour of their efforts in his fervice. James having returned from France, >_ . - _y
along with the king and queen of England •, the earl of Douglas, together with '4*'.
Walter Stewart earl of Athol, obtained, foon after, licenfe to come into En;>;- . , „
land ; and the former of thefe earls *, by order of his own king, entered into P . 123.
a contract with the king of England, wherein he obliged himfelf to give him May 36.
aid and fervice againft all men, excepting the king of Scotland, and his heirs
and fucceffors. The aid he bound himfelf to furnifh, confifted of two hun-
dred men at arms, knights and efquires, and two hundred archers on horfe-
back, who, from the day of their being firft muftered on Englifh ground,
were to receive fuch wages as the king of England paid to other forces of the
fame quality, employed in the fame fervice. Thefe forces, on warning given
to the earl, by the middle of the enfuing February, were to be at Newcaftle
on Eafter-day following, or fourteen days after it, if he was to go to his lord
the king of England by land; but if he was to pafs towards him by fea, they
were to be at Berwick at the term of Eafter, or ten days after it. In confide-
ration of this fervice, the earl was to receive, during life, an annual fee, or pen-
fion, of 200L On the day after the date of this contract, another was drawn
up with the king of Scotland, which bear*, that it was concluded by the inter-
vention of Archibald earl of Douglas. The king of England therein engages
on his royal word, that if, in three months after his own, and the king of Scot-
land's return from an expedition into France, on which they were at that time
preparing to fet out, the king of Scotland fhould deliver as hoftages, a certain
number of the chief men of his kingdom, he fliould be allowed to go into
Scotland, and remain there for a time to be afterwards agreed on by the two
kings. Thus Henry availed himfelf of his royal prifoner to preferve quiet on
the fide of Scotland, which depended fo much on the earl of Douglas. And
though Douglas's eldeft fon was at this time fighting againft the Englifh in
France, the father, either from attachment to his To vereign, or fome difpleafurc
with the governor of Scotland, entered into the league above related with the
Englifh king ; but as the alliance was unnatural, it does not appear any part
of it was carried into execution. Henry alfo, before fetting out on this expe- ii>. p. ut.
dition, committed the keeping of the town of Berwick, and wardenfhip of the
eaft march, to Henry Percy, earl of Northumberland ; for this Percy was to
receive in time of war 5000 1. and in time of peace or truce between the king-
dom*, half of that fum to be paid by advance quarterly out of the king's
exchequer-)-.

In the year following, the king of England died in France, in the middle of *• d. hi*.
his career of victory and glory ; leaving for his fuccefTor, his infant fon Henry MnndaV."
VI. in whofe name his uncle John, duke of Bedford, had the adminiftration of v Hc f n p y J/^
the affairs of France •, and his other uncle Humphrey, duke of Gloucefler, the
charge of thofe of England under Bedford. This fudden revolution encou-

* Harding lays, The earls of Douglas and Dunbar came to London, and took a truce with the
king, which Uinfianville had refufed ihem for two years. Hard. c. 218.

+ An indenture was drawn, containing an agreement between the king and Northumberland to
thiseffedt, for two year-, beginning from the 1 1 th of April 14.21.

D d d 2 raged

, of England^

3 88 THE BORDER-HISTORY OF

Henry vi. raged, the Scots to invade England, to which the governor was alio excited by

yj ° J the earls of Buchan and Wigton, who had lately come over from France, to

H 2 *- folicit farther aid to be fent over to the dauphin. The governor himlelf, at

the head of one army, inverted Berwick; and another army, commanded by
the earl of Douglas, laid fiege to Roxburgh; but neither of thefe enterprifes,
though a good deal of time was ipent in them, was attended with fuccefs *.
Soon after, the old earl of Douglas, tempted perhaps by the offers brought
from France by his fon, or emulous of the glory that he and his countrymen
had gained there, paffed over to that kingdom with 5000 men to the affiftance
of Charles VII. whofe unhappy father Charles VI. expired a few weeks after
Henry V. of England. The earl of Douglas was, by Charles VII. created,
duke of Touraine, and lieutenant general of all his armies ; and not long after
fell fighting bravely in his fervice at the battle of Verneuil.

A. D. 1423. At length the period of the king of Scotland's captivity drew near. The
undutiful behaviour of the governor Murdoch's own fons made him enter into
ferious meafures for his fovereign's enlargement •, and the regency of England
conceived hopes, that the prefence of James, whofe talents they knew,
amongft his fubjects, might more effectually reftrain them from giving aid to
France, or difturbinj the Englifh borders, than any other method they could
employ •, and to fecure him more effectually in their interefts, they refolved to
give him to wife Jane of Somerfet y, a coufin of their own king-, a fliining

Sept. 10. beauty, and whom James pafhonately loved. The conditions of this deliver-
Ryn.voi. x. ance weve fettled at York, by commiffioners from the council of England ; and
others from Murdoch, governor of Scotland, and the three eftates of that king-
dom : and they afterwards received the fanction of the Englim parliament.
Belides ftipulating the marriage juft mentioned, the fum of 40,000 1. Iterling
was to be paid by equal parts, in fix years from the king's deliverance, as an.
equivalent for the expence of his education and maintenance, during his im-
prifonment in England; but the laft 10,000 merks that became due in the
courfe of thefe payments, the court of England engaged to remit, as the fum
allowed for the dowry of the Scottifh queen. For the fecuring of the payment
of this ranfom, it was agreed,, that the king of Scotland fhould give fufficient
holbges, of the principal men of his kingdom; with liberty of exchanging
them from time to time with others, who had eftates or revenues of equal
value

a, D. 1424, In purfu.mce of this treaty, the king of Scotland was married to the lady

Jane, in the beginning of February, in the following year. In March the
roval pair c.ime to Durham, where they were met by a numerous train of the
moft illufhious of their fubjects. At that place the hoftages agreed on were
delivered to corrrruffioners authoriFd by the court of England to receive
them -, and all kinds of fecurities were mutually exchanged. There alfo the

» Hence this expedition againft England was called, not very delicately, The Dirtin Raid.
Holmgfhed.

•j- She was daughter to John earl of Somerfet, fon of John of Gaunt duke of Lancafler, and of
Katharine, daughter to Thomas Holland earl of Kent.

king

ENGLAND AND SCOTLAND. 3 S 9 -

king of Scotland concluded a truce with the Englifh commiffioners, to con- jame»i.

tinue feven years from the enfuing firlt of May. JBefides the general articles ,_ " '" ',

common to every peace or truce, obliging mutual abltinence from all injury or 142+.

violence either by land or fea, this truce contained a number of regulations, March * 8,

r r ■ iiiio- 1 Ry»» vol. x*

for prelerving peace and order, and redrefung wrongs on the marches, that p. 330, 331.
deferve our particular notice. They prefent us with the firft diftincf. view of the
meafures agreed on by the neighbouring nations for thefe purpofes •, are probably
an improvement on former eftablilhments- of this nature; and plainly ferved
as a balls for farther additions and improvements, which the experience of
fucceeding times (hewed to be necefiary or convenient. I. It was agreed then,
that, if any of either nation fhould take a fortrefs belonging to the other, the
perfon from whom it was taken, might recover it by force, or otherwiie, as
he beft could; and might alfopunifli the aggreffors, according to the exigency
of the cafe. The confervators of the truce on the fide whole fubje&s took the
fortrels, were obliged to give the molt fpeedy and effectual aitittance to the
perfon whole fortrefs was taken, at the expence of the offending party ; or,
>f he rather chofe it, the perfon thus injured, might require and fummon
the king and confervators of the other nation, to caufe his fortrefs to be
reftored, and the offenders that feized it to be punilhed ; which they, to the
utmoft of their power, fhould be obliged fully and faithfully to accomplifh.
II. It was farther agreed, that, if any of the vaffals, lieges, or fubjecls, of one
of the parties, fhould commit a crime or trefpals in the territory of the other,
it fhould be lawful for that party to leize and punifli the tranfgrefTors, ac~
cording to the laws of the country where the offence was committed, and to
the nature of the offence in queltion ; but if the offenders fhould not be
taken, but withdraw or make their efcape into the dominions of their own
king, the confervators on that fide, upon requifuion made, fhould be obliged
to deliver the perfons of thefe offenders, in order to punifhment, to the con-
fervators of the other fide, or their deputies, on the march where the offence
was committed : but if thefe malefactors had concealed themlelves, or made
their efcape, fo as they could not be apprehended, the fovereign whofe fub-
jecls they were, fhould immediately bamfh them for ever out of all places of
bis dominions ; not to be thereafter reftored, nor allowed to enter or inhabit
any place fubject to him, until they had fubmitted themfelves to juftice, and
made a full fatisfaction to the injured party for the offence or trefpals com-
mitted againft him : b Jt whether any fuch offender fhould be banifhed or
apprehended, the confervators on the part of the nation to which he belonged *
fhould, in all cafes, be obliged to repair the damages he had done out of his
goods, fo far as their value extended. But where the offender when feized
had not goods or poffclfions fufficient to make compenfation, in that cafe he
was to undergo the feverer corporal punifhtrent ; and whoever fhould know-
ingly relet, conceal, or give counfel, aid, or favour to, any fuch offender,
fhould be liable in every refpect to the fame fatisfaction and punifhment as the
malefaclor himfelf, if he nad been apprehended. III. Farther, as the
offences of individuals were not to weaken or dilfolve the obligation of the
prefent truce, but were to be repaired by the commiffioners or confervators,

39°

THE BORDER-HISTORY OF

Henry vi. on the fide whofe fubjects had offended, in the manner before declared, it
k. of En g an . ^^ f ar ther agreed, that whoever violated this order, by raifing war, or
14*4. befieging, aiTailino:, or taking towns or fortreffes, or committing homicides
or murders, on account of any injury received from the other fide, or by
feizing perlbns, or making diftraints or captures of goods, otherwife than by
the authority and decree of the confervators of the truce, fhould, on that very
account, loie his caufe-, and over and above, fuffer the punifhment due to his
offence, and reftore and repair to the other party the full value of damages
done him, or things taken from him. IV. k was alio agreed, that, if any of
the fubje&s of one of the kings mould make a bargain, or commit a crime,
within the dominions of his own proper fovereign, and afterwards, in order
to elude juftice, mould withdraw himielf and efcape into any place within the
dominions of the other king, and there become the liegeman of the latter, he
fhould, notwithftanding, be compelled to anfwer, fatisfy, and undergo
juftice, with regard to any debt or offence of this kind, before the confervators
of the truce on either fide, ea^ally as he mull have done if he had remained
in the faith and allegiance of that king from whofe dominions he fled : But if
he had only fled and had not become the liege-man of the other king into whole
country he had thus retired, he was in that cafe to be fent back, and reftored
to his own fovereign, in order to his being brought to juftice as the law of his
country required. V. Moreover, for enfuring the ftrict obfervation of the
truce, by opening to the fubjects of each party free accefs to profecute the
redrefs of their wrongs, it was agreed, that, if any fubjecl of one of the parties
mould commit a theft or other injury, within the marches or territories of the
other, and after this theft or injury fhould return by flight into his own
country, it mould be lawful for the perfon who had fuffered the wrong, while
it was recent, that is within fix days after it had been committed, by autho-
rity of the prefent convention, without other letters of fafe-conduct, to pur-
i'ue the malefactor, and in purfuit of him to enter fafely and fecurely the
march or lands into which he had retired*: or, if the party injured rather
chofe it, he might within the forefaid fix days, or at any time after, make his
complaint to one of the wardens of the other fide-, and it was therefore agreed,
that the wardens of the marches on each fide, fhould have power to give good
and valid letters of fafe-conduct, each to the fubjects of the other fide, for
coming to feek juftice from the king or his council, or the confervators of that
fide, by any fubjecl or fubjects whereof the perfon injured affirmed he had
been wronged, that perfon having, in the firft place, made oath before the
warden, that his real and only intention in afking fuch letters was to pro-
fecute his caufe and right, and that he would profecute thefe effectually, and
to the utmoft of his power. Thefe articles make the principal part of the
treaty concluded on the great event of James's reftoration to his kingdom.
It was agreed, that it fhould be notified to the fubjects of borh realms, before
the firft of May ; and that if, in that interval, any thing fhould be acted
contrary to it by the fubjects of either kingdom., the offender mould not

• This purfuit of the malefa&or was called the Hit Trodd.

thereby

ENGLAND AND SCOTLAND. 3gl

thereby become liable to make reparation, as guilty of a breach of the prefent j»M**.
truce. Several of the chief men in each kingdom, together with the admirals • ° cot an j
of England, and the Englifh and Scottifh wardens of the marches, were 14*4-
appointed confervators of it -j-. Of thefe the wardens and admirals had full
power to amend and redrefs all violations of it, and punifh the tranfgreffors,
within the bounds of their feveral diftricts ; and the reft were inverted with
the full power and charge of doing the fame.

All preparatory ftcps towards the king of Scotland's deliverance being thus R y™- T °i- *.
completed, he let out from Durham, upon one of the laft days of March or p ' 3j *'
firft of April, attended by a numerous train, not only of his own fubjects,
but of the gentlemen of Northumberland •, who were ordered J to accompany
him as far as Scotland, in the mod honourable manner they were able. He
entered Scotland, probably, by the road that conducts to Melrofe ; for, at the
abbey of that place, he ratified, by his letters patent and oath, the treaty con-
cluded in England for obtaining his freedom; in fulfilment of an article of that
treaty, which obliged him thus to confirm it, within four days after entering
his kingdom.

James found great difficulty in raifing the money he had bound himfelf to
pay to the court of England. He attempted it by a general tax impofed with
confent of a parliament which he held foon after his return ; but the commons
of Scotland, unaccuftomed to fuch burthens, and very unable to bear them,
murmured fo much that the king remitted a great part of the fum ordained
to be levied. Hence, inftead of the regular payments of 10,000 merks, that
fhould have been made at annual ftated terms, it appears that payments were
made in much fmaller fums •, and alfo deferred beyond the terms at which they
became due. In 14.25, the earl of Northumberland got a grant out of the a.d, 142J;
firft money then due by the king of Scotland, of 2000 merks, in part of a R J a "^%
fum contracted to be paid him, for the difcharge of an old and new debt, for p. 344, 345!
wages to himfelf and loldiers maintained by him, for the defence of the town
of Berwick and the eart- marches. Three years after (a), the Englifh king's f^j^'j zS
treafurer at Calais was furnifhed with difcharges for ic,ooo merks, to be paid
him, in name of the king of Scotland, each difcharge being for a thoufand •,
and out of this fum the faid trealurcr was warranted to pay to the earl of.

•f The Englifh commiflioners who negocialed this truce with the king of Scotland were, Tohn
bifliop of London, Thomas of Durham, Henry earl of Northumberland, Ralph earl of Weft.
moreland, and Richard Neville warden of the Weft march, William Alnwick keeper of the privy
feal, Thomas lord D;icre, John baron of Greyllock, and Robert Umfranville. The confervators
of it on the part of England were, Humphrey duke of Gloucefter, Thomas duke of Exeter, Ed-
mund earl of March, Rkhard earl ot Warwick, Henry earl of Northumberland, Ralph earl of
Welimorehnd, Rrb-rt lord Willoughby, all the Englifh admirals, the keepers of the marches of
England towards Scotland, Robert Umfranville and Walter Hungerford knights. On the fide
of Scotland, Murdoch duke of Albany, Walter earl of Athol, Alexander earl of Mar, Archibald
earl of Wigton, George earl of March, lord William conftable of Scotland, [ohn lord Strton,
Thomas lord Somerville, James lord Dalkeith, John Forfter, and the keepers of the marches of
Scotland towards England.

J The order was dire&ed to Henry Percy earl of Northumberland, warden of the eaft march, or
his lieutenant ; to Robert Ogle and William Heron knights, ar.d the Sheriff of Northumberland,.
five or four of them.

Northumberland,.

THE BORDER- HI STORY OF

Henry vi. Northumberland*, 2000 merks, as his own wages and thofe of the men at
jc. of England. arrtls and archers employed in keeping the town and cattle of Berwick; and
alfo 1000 merks to John Skipton, clerk of the works there, to be laid out on
the repairs of the caiile and town. Towards the end of the fame year, Skip-
ton had afTignments on the king of Scotland for 500 and 1000 merks, and
was furnifhed with difcharges -J- to be delivered to that monarch, in name of the
Englifh king, on payment bting made. The council of England were very
indulgent to James in this article of payments. They weie alfo very com-
pliant, in exchanging the hoftages delivered at Durham, for others, which
the hoftages themfelves, or the king, procured to go into England in their
room. The wardens of the marches had the charge of inquiring into the
value of the eftates of thofe propofed to be fent in exchange; and, on their
beino- fatisfied that the revenues of thefe were equal to thofe of the perfons
whole places they were to fupply, thefe exchanges were to be made. But as
the kino- of Scotland had infringed the treaty of his deliverance in the article
of his payments, the court of England had fufficient ground to refufe the
8 m vol xi exchange of hoftages. James, fenfible of this, had fent a meffenger to that
p. 384. ' court to apply for the exchange of forr.e of his hoftages ; and upon his being

favoured in this matter, he promifed immediate payment of the fums that
A D , remained due, beyond the terms that had elapfed. But the Englifh court
JDec.'is. ' complained that he had failed of this promife; and that for a long time after,
notwithftanding their renewed inftances, he had given them neither hope nor
certainty or fulfilling his engagements; and put him in mind that their not
exacting with rigour the payments of the fums due, ought to be a prevailing
motive with his generoiity to accelerate the difcharge of his debt.

As the court of England was, at this period, wholly taken up in maintain-
ing and purfuing their conquefts on the continent ; fo James found fo much
employment at home, in forming the interiour police of his kingdom, framing
ufeful laws, and taming his fierce fubjects to obedience, that it was equally
agreeable to both fides to preferve quiet on the marches, and to give juftice
its free courfe, againft thofe who were guilty of difturbing this tranquillity.
Rym.voi. x. for this purpofe, a meeting of commifiioners from both kingdoms, was, in
V '^d J425. the year after James's return, appointed at Berwick on the 15th of Auguft ;
and proclamations were ordered 10 be made through Yorkfliiie and Nor-
thumberland, warning all Englifh fubjects, who had fuffered hurt or damage,
in violation of the prcfent or former truces between the kingdoms, to appear
on the 1 6th of the month abovefaid, in order to propofe their complaints and
demands, duly to profecute them, and to produce, for their more fpeedy
difpatch, what proofs and informations they were furnifhed with ; that fuch
a. 0.1426. declfipns mightbe given as law and reafon required. In the year following, a
lb. P . 358. fpecial commifiion was given by the court of England, to a certain number of

* In this laft oider, the eail of Northumberland is entitled warden of the eaft march towards
Scotland, and captain of the calUe and town of Berwick. In the former, directed to himfelf, he is
called Captain of Berwick.

f Skipton, in thefe difcharges, is called clerk of the king's works at Berwick, and the other
for.refles on the marches.

i thofe

ENGLAND AND SCOTLAND. 393

thofe who had been appointed confervators of the truce, when it was firft James i
concluded, to take care of the execution of it, to redrefs its violations, and . ""J

punilh the infractors. 1 '* 8 -..

But in the lummer 1428, the ancient alliances were folemnly renewed 23 C 2 V0 ' "'
between Scotland and France, and a marriage concluded between the Dauphin
and James's eldeff. daughter (a). Her dowry was a body of fix thouland men, («) July 19.
to be lent along with her, on board a fleet of French fhips, that for this pur-
pofe fhould come over to Scotland, at any time after Candlemas the following
year. The plain tendency of thefe meafures which the council of England
could not be ignorant of, was to break the peace between England and Scot-
land. In order to prevent this, Henry Beaufort bifhop of Winchefter, who a.d. i 4 t$,
was uncle to the queen of Scotland by the father, and had lately been made Rymi g vo1 ;**
a cardinal, propofed a perfonal conference with his nephew the Scottifli king;
and a fafe-conduct was granted to James to come into England, as far as
Newcaftle or Durham, with a thouland men as his retinue. The cardinal was,
at that time, propofing to let out on a crufade againft the Huffites in Bohemia,
at the head of a body of troops he had been allowed to raife in England •, fo
that he was particularly interefted to preferve peace at home, and his argu-
ments, or other arts, feem to have had fufficient influence with James, to
prevent his fending fuccours at that time to France, or giving any difturbance
to the marches of England.

A fhort time after, a commifTion was given by the council of England, to
the bifhops of Durham and Carlifle, Henry earl of Northumberland, and
two others*, containing very extenfive powers with regard to the affairs of
Scotland. It authorifed them to leek and obtain the money that remained
due, by virtue of the contract for the Scottifli king's liberation ; alfo the
deliverance of certain new hoftages, agreeably to that contract, in the room of
fome who had died, and the redrefs of the breaches of the truce committed
either by the king or his fubjects. They had likewife power to difcharge any
fums received from the king of Scotland, as due to the Englifh king, to caufe
reparation to be made for breaches of the truce committed by the fubjects of
England •, and finally, to prolong the truce at prefent fubfifting, or to
negociate or conclude a new one, either on the fame, or different terms.
What was done by thefe commiffioners in the execution of the truft repofed in
them, doth not appear. But more limited powers were afterwards given by
the kings of each nation, to certain commiffioners -f-, who meeting at Hauden- juVyu."
Stank, made feveral regulations for mutual redrefs of injuries, and the fpeedy
and effectual execution of jultice, in all matters under debate between the
fubjects of the two kingdoms. They firft agreed and enafted, that all kinds
of veffcls and goods taken at fea, and openly detained and proved to be

• Thefe were, Sir Robert Umfranville, and Mr. Richard Arnald canon of tiie church of York.

f The Englifh commiffioners were, William bifhop of Carlifle, Henry earl of Northumberland,
Richard eirl of Salisbury, Sir Robert Umfra»ville knight, and Mailer |ohn Stokes dodlor of laws.
The Scots were, John bifhop of Glafgovv and chancellor of Scotland, Alexander bifhop of
Galloway, Sir John Forrefter baron of Liberton, Mailer William Fowlis keeper of the privy feal,
Sir Patrick Dunb-ir, Sir Thomas Kirkpatick, Sir John Cockburn, and Mailer John Scheves doflor
m decrees.

E e e detailed

394-

TH E BORDER- HIS TORY OF

Henry vi. detained by fufficient evidence, in violation of the truce, fhould be let tree
K. o En g an .^ ^^ reftored without delay. The earl of Northumberland had the charge of
1429. the execution of this article, where the captures in queftion had been made on

the eaft fea of England, to the north of the Humber, and the earl of
Salifbury within the limits of his wardenlhip of the weft marches. The
execution of it, on the part of Scotland, was committed to the lord chancellor
of that nation, for all trefpaffes to thefouth of the Friths of Forth and Clyde:
and in order to the plaintiffs of either nation profecuting redrefs of fuch
wrongs, they were refpectively to be furnifhed with fafe-conducts from the
Englifh earls, or the Scottifh chancellor. Plaintiffs belonging to Scotland,
who were not prepared for the immediate profecution of the recovery of their
goods, were to deliver to the earl of Northumberland the names of the
trefpaffers, that they might be put under arreft; and if thefe dwelt to the
north of the Humber, fafe- conducts were to be given to the plaintiffs to come
to Warkworth, or other place appointed, before the feaft of the Affumption
of Mary, next enfuing ; and any fuch plaintiff was to bring along with him,
fufficient written atteftations, under the feal of the town where he refided, of
the amount of his goods or damage, to be farther confirmed by his oath;,
upon which amendment and redrefs ihould be made to him, agreeably to the
tenure of the truce. And in like manner, Englifh plaintiffs, in purfuing
recovery of their goods and damages, were to have recourfe to the chancellor
of Scotland, for harms done to the fouth of Forth, on the eaft fea, and of
Clyde on the wed fea, of Scotland. The earl of Salifbury was in like manner
charge/d with the weft fea, fo far as his district of wardenfhip extended. And
i.i order to the more full and complete redrefs of what happened not to be
done before the feaft abovefaid, or of harms done in that interval by fea, in
violation of the truce, it was agreed, that four perfons on each fide ; that is,
two knights, a clerk, and a fquire, for the eaft march ; fhould meet on the
day after Martinmas, at Redden-Burn, for the eaft fea *, and other four of
like quality at Cloughmabanftane, for the weft fea, with fufficient powers
from the kings of each nation, to make full redrefs of all trefpaffes committed
againft the tenour of the truce. In the next place, with regard to the trefpafies
committed on the marches by land, it was agreed and concluded, that the
deputies of the marches Ihould honeftly, and without refpect of perfons,.
examine and finally decide, all complaints of trefpaffes of whatever kind done
in the marches, according to the belt of their judgment, and as far as they
could agree. But in cafes where they could not agree, but fell into doubts
and contradictions, they were appointed to certify this to four perfons of the
one and other nation, who were nominated at the prefent meeting f, and

* Commiflions were accordingly iflued by the king of England on the iijth of October, to four
eommifiioners of thofe qualities, to meet with others from Scotland, at the places appointed. Thofe
appointed to go to Redden-Bur-n, were, Sir Robert Ogle, Sir William Elmeden, Mailer Thomas
Cleveland bitchelor of laws, and William Lambton efq; lb. p. 435.

f Thole on the part of England were, Sir John Bertram, Sir Lhriftopher Curwen, Mr. Thomas
Valdale, at.d William Lamberton ; and on the part of Scotland, Sir Thomas Kirkpatrick, Sir
Patrick Dunbar, Ma. "a Thomas Rule, and David Home.

charged

ENGLAND AND SCOTLAND, 395

charged by the lords cornmiflioners, honeftly and impartial!)' to examine all ^ J*mct r.
doubtful and controverted points laid before tiv.'rn by the deputies, and to /' _ °!' n J
give a ftiU dcuion of them according to their belt judgment, and as they m>><
could agree : but where doubts and controverfies arofe, thar they could not
agree in determining, they were to give information ro the lords commilfioners
of fuch cafes in writing, in order to a final determination by than. And both
the deputies and examiners of thefe difficult points, were fworn on the Gofpels
to be faithful to their charge. It was farther agreed, for the clearer explica-
tion of what is contained in the above articles, that proclamation fhould be
made to the parties plaintiff on both fides, to attend at the times, days, and
places, above appointed, to produce their grievances and complaints, together
with the proofs of the injuries done them. And with regard to the proofs
it was agreed, that they mould bring in, at the day and place prefixed, and
prefent to the commiffioners, fufficient written atteftations of men of worth
and credit of the city, burgh, town, or port, where the plaintiffs refided, or
elfe of the place nearcft that part of the fea where the trefpafs was committed,
fpecifying the goods taken, with their value, under the feal of the admiral or
magiltrates of the place. Their damages and cofts they were to fwear to, and
the eftimate of them was to be made according to their oaths ; but with a
power to the cemfervators, or fpecial commiffioners, to moderate thefe damages
according to their difcretion. By fuch evidence, when appearing to the com-
miffioners on both fides fufficient, trefpaffers were to be convifted ; but in cafe
it fhouid happen, that thefe fhould be able to defend themfelves by evidence of
more weight and authority, and in order to the fpeedy diipatch of fuch trials,
it was relblved, that all trefpaffers complained of on either fide fhould be put
under arreft, and their goods in fufficient keeping, until fuch time as they
fhould find fufficient bail for their appearing to anfwer at the times and places
above mentioned ; and their names were to be concealed, and no warning given
en either fide, until this arreft was executed upon them. Finally, it was
agreed, that all perfons taken prifoners at fea fhould be inflantly fet at liberty,
on reafonable fecurity •, and where it appeared they had been unlawfully feized,
they fhould pay no ranfom nor cofts, but fhould recover the hurt or damage
they had fultained from thofe who took and detained them prifoners; alfo,
where it appeared, that they had beeri taken lawfully, the captors lhould be
allowed ranfom and cofts; but thofe who had paid ranfom, where it was not
due, fhould be completely refunded.

In the beginning of the following year, a fafe- conduct was granted by the a. d. i 430 .
regency of England, to no fewer than feventeen Scotch ambaffadors and com- R J an To ; !4-
miffioners, with eight hundred attendants to come to Hawden-Stank, or any p. 445, 447.'
other convenient place ; at the fame time, nine perfons were authorifed on the
part of England, to treat with them; wherein, befides other articles, ufual in
commiffions of this nature, given fince the laft truce, they were empowered
to treat concerning a perpetual and final peace, by the means of a marriage
between the royal families. The project, probably, was to fubftirute the young
king of England, in the room of the Dauphin of France, as a hufband to
the princefs of Scotland. It is likely, that the voyage of the king of Eng-

E e e 2 land

2^6 THE BORDER- HISTORY OF

Henry VI. i anc ] t France in order to be crowned at Paris, prevented the intended meet-

■^ "_ - g an _ .' ing on the marches : but the expiration of the laft truce now approaching, ■&.

i^9- meeting was held by virtue of new commifiions, in the December following;

^482!°'' *' and on the 15th of that month, a truce was concluded at Edinburgh, to

continue five years after the expiration of that which then fubfifted.

The articles in this truce, calculated for preferving order and repairing
trefpaffes committed on the borders, are the fame with thofe of the truce of
Durham, with the addition of one relating to fugitives from either kingdom
into the other, on account of treafon or rebellion againft their lawful fove-
reigns. By this, it was agreed, that although fuch offenders had received
affurance of protection or a fafe-conduft, yet the king who had granted this,.,
or his warden, on requifition being made by the king, or warden of the other-
fide, fhould be obliged, within forty days after the making of fuch requifition, ,
to revoke or annul the protection or fafe-conduct granted to any fuch fugitive,
and to reftore and deliver him up to the other party ; as in the cafe where he
had fled from juftice, without becoming the liege-man of the king into whofe-
territories he had fled ; and although any fuch traitor or rebel fhould offer the
party to whom he had fled, his oath of allegiance and fealty, yet he fhould
not be admitted to this allegiance or oath, until forty days after fuch offer was :
made. In this truce, the articles concerning the reparation of trefpaffes com--
rnitted at fea were confiderably enlarged ; and as it appears from the proceed-
ings at the meeting of commiffioners, held at Hawden-Stank in the former;
year, that fuch trefpaffes were often a principal iubject of the deliberations of
fuch cneetings, k cannot be confidered as foreign to the defign of this work; !
to give an account of the articles of this nature, eftablifhed by the prefent, on
like fubfequent treaties. The former truce at Durham, contained only oner
fhort article relating to fea affairs. — This was, I. That if, during the time of :
that truce, it fhould happen, that any. merchants, paffengers, or fifhers, of;
cither fide, fhould be obliged by winds, or ftorms, to enter any port belonging
to the other, it fhould not be lawful to that other party to feize their peribns, .
their fhips, or goods; but they fhould be allowed to depart as foon as they
conveniently could from fuch ports, without any hinderance from the other fide >^
and whatever injury in. fuch cafes was committed in breach of the truce,
fhould without contradiction or difficulty, be repaired by the party offending,
to the full amount of damage done. This article was preferved in the truce
now concluded; and the following were added, for the farther fecurity ofi
navigation arid commerce. — II. If it fhould happen, that any of either nation,
in coniequence of fuffeiing fhipwreck, or by reafon of evident ficknefs, or;
want of victuals, fhould land on the coaft of the other, or fhould be fet on
fhore, and- left behind by the reft of the crew, without faulr, deceit, or bad
intention on their part, they fhould be allowed to pafs fafely and fecurely, .
with all convenient fpeed, to their, own country, being furnifhed for this-
purpofe with letters of atteftation, to be granted without difficulty, and at a
moderate expence, by the port, town, or corporation, where they had landed ;
which atteftations fhould, in fuch circumftances, ferve them as a fafe-conducl ; .
provided always,, that they fhould not in the mean .while attempt, or procure,.

any.

ENGLAND AND SCOTLAND.

397

anything prejudicial to the king, his kingdom, or lieges. — III. It was alfo James i.

watted, that if, during the prefent truce, it fliould happen, that any *• of Sco " and ;

merchants, pilgrims, or fifhers, or any other fubjecT. of either kingdom, 1429.

fhould, in violation of the truce, be taken, fpoiled, or robbed of his goods,

by the fubjedts of the other, it fliould be lawful for the perfon thus injured to

profecute and call to account, in order to his obtaining reflitution and redrefs,

not only the principals immediately active in fuch injuries, but alio thole into

whofe hands the goods had come, and alfo thofe who had knowingly entertained

the trefpaffers, and likewife, the cities, towns, and communities, of the ports

and other places, in which fuch goods or merchandiles, unjuffly feized in the

manner above expreffed, had, in violation of the prefent truce, being publickly

received,- fold, or diftributed. — IV. Finally, it was added on this head, that

if, during the prefent truce, any trefpafs againft it fliould be committed at

fea, by the fubjects of either fide, it fhould be lawful for the injured party, to

profecute redrefs before either the confervators of the truce, or wardens of the

marches, as he fliould judge it molt convenient. Another material article, of

a more general nature, was added in this truce, relating to the characters of

thofe, who, during its continuance, fliould be admitted to offices, put upon

affizes, or allowed to give evidence. From thefe privileges, all infamous

perfons, rebels, fugitives, traitors, or fuch as had been convicted by an affize,

were excluded ; and good, faithful, juft, creditable, and unfufpe&ed perlons,

were declared to be alone capable of them *.

In the firft years of this truce, a good underftanding feems to have fubfifted
between the courts of- England and Scotland; although part of the money

* The cor.ferrators of this truce on the part of England we r e, Humphrey duke of G^oucefter,
Richard earl of Warwick, Henry earl of Northumberland, Richard earl ot Sslifbury, Ralph earl
of WeflmorcLnd, Robert lord Wilioughby, Thomas lord Dacre, Walter lord Hungerfurd, Sir
Robert Umf anville, all the Englifh admiials, and the keepers of the marches of England towards
Scotland. Thofe on the part of Scotland were, Walter earl of Athol, William earl of Angus,
George earl of March, Alexander earl of Mar, Alexander earl of Crawford, William conflable of
Scotland, James Douglas lord of Balveny, James lord of Dalkeith, Thomas lord Somerville,
Walter lord Dirleton, John Foifter of Corftorfyn, Herbert lord Maxwell, all the admirals of the>
Scottifh king, (Did James introduce that office into Scotland? There are none mentioned in the
truce 1424,) and the keepers of the Scottilh marches towards England. The powers of thefe
were the lame as in the former truce.

There was a claufe in the former truce, rela'ing to the fubjefts of Scotland who were in the
fervice ol the French king. Concerning thefe, James declares, that though it was not in his
p iwer to hinder them from committing hollil ties agaipft the Englifh, in their prefent fituation, yet
it was- net his intention to be anfwerable for their behaviour; or, that they fhould be comprehended
in the prefent truce, until their return to their own country ; but that after they had returned, he
would oblige them to refrain from deeds of war, during the continuance of the truce. In the
prefent truce, there is an article that regards the fame perfons, but is expreffed in terms more
general and implying a mutual obligation, ft declares, that if, during the prefent-truce, any of
the fubjecls of either of the kings, fhould go into the -aid or fervice of the ercmies of the other,
itlhould be lawful for the latter, c r his lubjecls, to feize fuch perfons while going to, remaining in,
or returning from fuch fervice. And this is continued in fubfequent treaties.

Tt is farther to be obferved of this truce, that it was general by fea, but by land particular; the
e*cepti6ns from it being in England, all that lies to the (outh of St. Michael's Mount in Cornwall,
as fai as the fea, and in Scot'and, all on the north of the river Forn, which fep.irates the /hires of
'Vim ray and Rpfs, as far as the fea.

2 agreed

398

THE BORDER- HISTORY OF

Henry vi. gorged to be paid for the expences of James's fupport in England, remained
K^oTEngiir^ ^jj ^ u ^ & ft^. ^ j aft ^ w g^j g^ ^ p 3vrncru was elapfcd • yet tlie ex-

hio. change of hoftajjes, as ftipulated in the contract of the ling's liberation, was
Rym. vol. *. ^.jjj allowed by Fngland. Fifteen of them were, in the fecond year of the
P ' 5 ° 9 ' prefent truce, allowed to return home, on others entering themfelves in Hittitf

room, who had been accepted by Henry earl of Northumb rb.nd, as e<]iii-
a.d. 1433. valent in efta.e and pofieffions to thole who wtre difmiflfed. In the end or the
)b. 564. y, eiV following, certain commifiaiies appointed on each fide for reparation o : :

trefpaff'es, agreed, that they, or other lords, of each kingdom, fufficiently
empowered by their refpective fovereigns, mould, on the fir It Monday of the
following Lent, hold a peaceable meeting at Redden Burn, or fome other
place to be afterwards fixed : they alfo agreed, that the names of thofe
Englishmen who were complained of by the fubjects of Scotland, together
with the complaints themfelves, fhould be lodged with the mayor of Berwick ;
and in the fame manner, the names and acculations of Scotchmen charged by
thofe of England, fhould be lodged with the prior of Coldingh am, before the
25th of March •, and proclamations conformable to this agreement, were
ordered to be made in England. But the tranfa&ions of thu March-day
meeting, probably being of fmall importance, are not preferved in the Englifh
a. d. 1434. records. In the fourth fummer of this truce, the bifhop of Carlifle, together
lb '59' ] « w ; c h a knight and doctor of laws *, were appointed commiffioners from the

Emdifh king to treat of a peace, or prorogation of the truce with Scotland,
to afk and give reparation of trel'paffcs, and to demand, receive, and difcharge,
the fums ftill due to the Englilh king, by virtue of the contract for the king
of Scotland's liberation. Whether any commiffion, corteiponding to this,
was, about the fame time, given by the king of Scotland ; or what was
tranfacled, in confequence of fuch appointments, does not appear. But it
Ib ' 599 * appears fomewhat lingular, that James fhould, in the November following,

crive a commiffion with very ample powers to his Snawdon officer at arms, to
negociate and conclude with one or more deputies from the king of England,
a prorogation or renewal of the truce, and alfo, to confer and treat concerning
new affinities to be contracted between him and his coufin of England. It is
fufficiently evident, that the main purpofe of thefe commifiions, was not
obtained, and alfo, that the failure was not owing to the want of inclination
Tul 20# in the court of England to preferve peace between the kingdoms. For that
Rym. vol. L court gave two commifiions more, one in the following fummer, of the fame
p,6l °' tenour with that in die fummer preceding, addrefTed to many of the chief

ib. 619. men of the north; and another in the enfuing February; in neither of which

commifiions, is there any mention made either of demanding new hoft ages,
in room of thofe deceafed, or of feeking payment of the balance remaining
a. d. 1436. j ue by t he Scottifh king. And in the beginning of March, a letter was
Ifc ' 655 ' written to the Scottifh king, in name of the king of England, wherein the

latter declared his willingnels ftill to treat of the prorogation or renewal of
the truce ; notwithftanding that no effect had followed, from his former ap-

•

* Sir William Ewer and Mr. Stephen Wilton.

pointment

ENGLAND AND SCOTLAND. 3 9g

K. of Scotland.

pointrnent of commiffioners, to whom he had given full powers and in- vhT'l
ftruclions.

The Scottifh historians relate, that ambafTad'irs having about this time >436-

come into Scotland from France, to iblicit the fulfilment of the marriage- c.^i.''
contract between the Dauphin and eldeft princefs of Scotland, which had been Ab «c. vol. u
agreed eight years before; an embafly was fent from England, at the head of p * 296,
which, was the lord Scroope, in order, if poffible, to prevent this union between
Scotland and France. It is affirmed, that the Englifh ambaffadors, as the
price of the Scots renouncing their ancient league with France, and conclud-
ing a perpetual peace with England, offered their king Hi marriage to the
Scottifh princefs, and the reftitution of Berwick and Roxburgh, together with
all that the Scots anciently pofTefTed in England, as far as the Re-crofs in
Yorkshire ; and that the propofals of both nations were laid by James before
his parliament, who, fwayed by ancient prejudices, declared on the fide of
France, and rejected with contempt the offers of England.

Whatever truth there is in this relation, it is certain, that the prefent
fituation of all the three kingdoms, rendered the clofe alliance of James with
France, a much fafer and wifer meafure than when it was firft concluded.
The intereft of England in France had been upon the decline, ever fince the
appearance of the celebrated Maid of Orleans •, and in the year preceding that
which is at prefent under our view, was irrecoverably funk by the reconci-
liation and peace concluded between the French king and the duke of Bur-
gundy, and by the death, that foon followed, of the very wife and brave
Englifh regent, the duke of Bedford. Far the greater! pirt of the Englifh
conquefts were actually recovered by the French monarch, and he was in the
faireft way of regaining all the reft. The Englifh, however, unwilling to
abandon their great acquifuions, and Hill greater hopes, continued their vain
efforts to revenge themtelves of the duke of Burgundy, and maintain their
footing in France; which made them the lefs formidable to their neighbours
at home, and the lei's able to refifl their attacks. On the other hand, the
fituation of James's domeftic affairs were greatly improved ; he had gained
the efteem and affection of his people by many wife and excellent laws, by
the introduction and encouragement of ufeful arts, and by a ftrict and regular
adminiftration of juftice : he had fubdued the ferocity of the inhabitants of
the Highlands and Ifles, partly by arms, and partly by a rigorous execution of
juftice againft offenders ; and, by fome fevere examples, had taught his.
haughty barons the regard due to their fovereign; which they had almoffc
forgotten under the weak and licentious adminiftration of the two governors.
By the confifcation of the great eftates of Murdoch, the laft of thefe and his
two fons, and by feizing, in other inftances, into his own hands, What the
feudal right of the- fovereign gave him a title to, inftead of profufely beftow-
ing fuch acquifuions on rapacious and iniatiable courtiers, he had greatly im-
proved the revenues of the crown. A late inftance of the treatment of one
of the moft illuftrious of his nobility appears lb fevere, that it feems to
indicate fome circumstances of guilt in the object of his refentment, that have
not been diftinctly recorded by hittorians. The perfon thus treated was,,

George

400

THE BORDER-HISTORY OF

Henfy vt- George Dunbar earl of March, fori and immediate-fucceflar of him, who had
,^° . "!/" '. transferred his allegiance to Henry IV. of England, in the time of Robert III.
>4j6. of Scotland, and returning atterwads to his native country, was pardoned and
reftored to his honours, and the.greateft part of his eftate, by Robert duke of
Albany the governor. This earl had died about twenty years ago, and his fon
retained the undifturbed polTeffion of his inheritance, during the firft eleven
years of James's reign. But the king alleging as the ground of his proceed-
ings the long and obitinate rebellion of the old earl, firft ieized the cattle of
p. 191, *9». Dunbar-, and then profecuting the earl before a parliament, held at Perth in
Biick Ads, January 14^6, obtained a lentence from certain delegates of that affembly,
declaring, that, by reafon of the forfeiture of the former earl in the reign of
the king's father, his earldom of March and lordlhip of Dunbar, with all the
other lands held by him of the crown of Scotland, did of right belong to the
prelent king both in property and .pofleflion. The principle on which this
judgment was grounded, was, that the governor had exceeded the powers of
his .office, in reftoring a banilhed rebel, and giving back an eftate to him,
which had by forfeiture become the property of the crown ; and that the king
had the fame power to recover what was thus given away, as by the conftitucion
belonged to him, of reluming crown-lands that had been alienated during his
minority. It appears from the Englilh records, that George Dunbar earl of
pJbzz. ' March and his fon Patrick, were fomewhere in the territories of England, in

the month preceding the above-laid trial in parliament ; and that they obtained
at that time a fafe-conduct from the king of England, to continue in force
for a year after the 25th of the enfuing January. From the lame authority it
ib. 618. appears, that the fon had a fafe- conduct, in the preceding month of July, for

coming into the prefence of the Englilh king. Thefe circumftances have the
appearance of fome fecret treating between the earl and court of England,
which could not fail to excite a ftrong refentment in a prince of James's fpiritj
and in order to prevent all fuch defection and treacherous correfpondence for
the future, he availed himfelf, after a long delay, of a rigorous exertion of the
prerogative of his crown, to feize into his hands the eftate and fortreffes of a
family, that had for feveral preceding generations been the moft opulent
and powerful of any on the eaftern borders *. The king, to mitigate in fome
degree the rigour of thefe proceedings, made the forfeited earl a grant of the
earldom of Buchan ; or, according to others, gave him an alignment on the
revenues of that earldom for his fupport.

Early in the fummerof this year, the princefs of Scotland was conveyed into
France, notwithstanding; the menaces of the Englilh, and their lying in wait
to intercept her in her voyage. The quiet of the borders, which feems to have
been very entire during all the preceding parts of James's reign, was broken
by thefe jarrings. The earl of Northumberland with a body of four thoufand

* Father Innes obferves, that the forfeiture of the earl of March, however well intended to
remove fo powerful n man from the neighbourhood of England, proved of bad confequence in the
following reigns. The earl of March was a rival and check upon the earl of Douglas ; and this
balance being taken off, the great power of the earl of Douglas, and of his family, and followers,
proved an unfupportable burden to the crown, Innes's Ctit. Eflay, vol. i. p. 77^.

men

ENGLAND AND SCOTLAND.

men, advanced towards the Scottifli marches *, but was met within his own
territories, at a place called Pepperden on B'ammifh, not far from the moun-
tains of Cheviot, by William Douglas earl of Angus, at the head of nearly the
fame number of forces. There were three other chiefs of note in the Scotch
army, Adam Hepburn of Hales, Alexander Elphinfton of Elphinfton, and
Alexander Ramlay of Dalhoufie. A fierce battle was fought, in which the Scots
were victorious. Elphinfton, much celebrated for his valour, fell on the field,
and about two hundred more of the Scottifti army. On the other fide, are faid
to have fallen, fitteen hundred gentlemen and commons, and of the former clafs
forty knights, whereof Sir Henry Clidldale, Sir John Ogle, and Sir Richard
Percy, were the moft eminent ; there were alfo four hundred taken prifoners.
Some time after this fuccefs, the king himfelf led a great army to befiege Rox-
burgh. The place was kept by Sir Ralph Gray, who defended it with great
bravery. But the befiegers were lb numerous, and carried on their operations
under the eye of the king with fo much vigour, that the garrifon muft foon
have yielded, had not the fudden arrival of the queen in the camp put an end
to the enterprife. Her errand was to iniorm the king of a confpiracy, that
had been entered into againft his life, and was then on the point of execution •.
though (he could give no diftincl account of the particular confpirators. The
king, fenfible of the general dilcontent which his feverities and reformations
had given to his barons, could not think himfelf any where lefs fafc, than in
his camp, furrounded by them and their armed vaffals. He therefore
inftantly raifed the liege -f, diimiffed his army, and retired with his queen to
Perth, where he was not long after barbaroufly murdered in his bed-chamber,
by a band of ruffians employed by his uncle the earl of Athol, who by the
fettlement of Robert II. had been declared next heir to the crown after James
and his male-progeny.

The ftrong affection born by the nation in general to fo deferving a prince,
appeared by the ardour with which all concurred to difcover the confpirators,
and bring them to punifhment. Not one of them efcaped the ftroke of juftice ;
and the principals, among whom was Athol himfelf, fufFered deaths, accom-
panied with all the indignities and tortures that could be devifed. James II.
the only furviving fon of the late king, a boy, at that time, between fix and
feven years of age, fucceeded to the crown ; the adminiftration of public
affairs being lodged in the hands of Sir William Crichton chancellor, and Sir
Alexander Livingfton j; ; the latter of whom had the charge of the king's

40 1

Jimfs T.
K, of Scotland.

<\ 6.
B(M th;us.
B'jchan.

H 1 r.ifmi,

Ab-rc. Vbl.it,

p. 299.

Hard. c. jjf.

Dr. Robcrtf. b.u

A. D. 1437,
Feb, 20.

James II,
K, of Scotland.

* It was not known, (f<iys Boethius,) whether he had a commiflion to invade Scotland from the
king of England, or wheiher he undercook the enterprife himfelf, p. 266. Incertum cujus aulorilate
an priijata an regia, Boeth. p. 353.

f Harding fays, that the earl of Northumberland refcued it with feven fcore thouf.ind men, as
he had done Berwick and Roxburgh before See above, p. 386.

According to Fabian, the king hearing of the approach of Sir Ralph Grey, at the head of an
Engliih army, precipitately abandoned the fiege, leaving part of his artillery behind him. Perhaps
fome Englifh forces were approaching, when the king, for the reafon given by the Scottifh hiitorians,
difmiffcd his army and retired.

J According to Abercromby, vol. ii. p. 319. Archibald duke of Touraine was the chief perfm
in the adnimiliration, having the title of lieutenant-general of the kingdom.

F f f perfon,

4 o2 THE BORDER- HISTORY OF

H=nr y vi. perfon, and, according to fome, the tide of governor of the kingdom. The
...o ngan^. kufinefs which the Englifh (till found on the continent, and the dreadful blow
1437- that Scotland had received in the lofs of her king, added to the feeblenefs and
inftability of the administration during the fucceeding minority, were circum-
A. d. 1433. ftances that difpofed both nations to pacific meafures. It was, however, more
than a year after James's accefTion to the throne, before a new truce was con-
cluded. This truce was negociated by commifTioners, who met at London,
p/" s ' 8 ' o) ' *' and concluded for nine years, to be reckoned from the enfuing firft of May.
To the articles contained in the two preceding truces, that related to the
order to be kept on the marches, the following addition was made in the pre-
fent; namely, that during its continuance, the people of either nation fhould
not enter the lands, woods, warrens, or other places of any fubjetft of the
other, to hunt, fifh, fowl, or follow any other fport, or for any other caufe,
without the licence of the proprietors, or their deputies, firft afked and
obtained ; and if it happened that beads or animals belonging to any fubject
of either fide, fhould come upon the grounds of a fubject of the other, and
fhould pafture upon the corn or grafs* growing on them, or in any other way
do hurt or damage to the proprietor of thefe grounds ; that in fuch cafes
neither of the parties fhould revenge, by his own authority, the damage or
injury done him ; bur the trtfpafs fhould be effectually redreffed, according to
the law and cuftom obferved in thofe places where it had been committed.
But much more confiderable additions were made to the articles framed for
the mutual fafety of navigation and commerce. On this head it was now
agreed, that if, during this truce, it fhould happen that any, not fubject to
either of the kings, took the fhips, perfons, or goods of the fubjecls of either
king, and carried them into the territories or pons of other kings, it fhould
not be lawful for the latter, or any of his fubjecls, or any dwelling in his king-
dom, to purchafe the perfons or things thus feized and brought, or to relet
them in any way for their own profit, without the confent of thofe who had
the real property of fuch things before their feizure ; and where any thing was
done in violation of this order, the perfons or things thus purchafed or re-
ceived, fhould be reftored to thofe who had the real property in them before
their feizure, in the fame manner as they fhould have been reftored, if taken
by the fubjects of either king; and the offender in this matter fhould be over
and above feverdy punifhed, as a truce-breaker, by him who had the charge
of inflicting fuch punifhment. It was farther agreed, that if, during the pre-
fent truce, any fliip of either of the kingdoms fhould, by ftrels of weather, or
any ether reafonable caufe 7, expreffed in the prefent truce, be driven into, or
"enter any port or other place of the other kingdom, that it fhould not be law-
ful either for the king, or any of his fubjects, in fuch cafes, to arreft or de-

* Ic is Gramen it Tit r bam, in feymer's copy vf this treaty ; but in hh conv < f the treity of No-
vember I44Q, wherein this article of the prel't-nt is copied, it is Grar.um a Herham; which feems
lo be the true reading. Thi« continued in fubfequent trea'i' 5.

\ Alia rationabiii de can/a in prrefentilus treugis contenta. Thefe reafonable c.iufes are fu'ch as
are mentioned above in the lad treaty of truce, and without any confiderable Vernation are repe-ted
iu ihe prefent.

tain,

ENGLAND AND SCOTLAND. 4 o 3

tain, in whole or in part, the fhip itfelf, or perfons or things on board of it, Jam«n.
for any private debt of any of the kings or their fubjecls aforefaid ; and who- K '° fSco " anJ ;
foever was guilty of any thing repugnant to this order, fliould alfo be punifhed 1^8.
as above. And that no fuch creditor might be defrauded of juftice, if he in-
clined to purfue for his debt, he (hould, without difficulty, have fufficient let-
ters of fafe-conduct from the warden or wardens of the marches, on the one
or other fide, in order to his purfuing for juftice before the confervators of the
truce, or their deputies, in the diftrid where the principal debtor refided -,
againft whorr, if the creditor thus purfuing fhould gain his caufe, and make
fufficient proof of his debt by the confefiion of the party, by witneffcs, inftru-
ments, or other lawful document?, the debtor fhould be adjudged to pay, not
only the principal fum due, but alfo lawful expences, damages, and intereft.
It was alio agreed, that if any fhip belonging to either of the kingdoms, laden
with perfons, merchandifes, or goods of any kind, fhould be wrecked or
broken in any place of the fea lying near the coaft, or on the coaft itfelf of
the other kingdom ; and any of the perfons on board the fhip thus wrecked
or broken remained alive, the merchandifes and goods of whatever kind,
thrown or drawn out of any fuch fhip, whether taken up at fea, or coming to
land, or in any other manner received and preferved, fhould not, by the per-
fons into whofe hands they firft came, be by any means diffipated, diminifhed,
alienated, divided, or any wife embezzled or concealed ; but fhould be
honeftly delivered entire, in the ftate wherein they were found, to the
governor of that lordfhip or place, or his depury, unto which the faid goods
had come, to be kept for the uie and benefit of thofe, to whom, after due exa-
mination, they were found to belong : and it fhall be lawful for fuch proprie-
tors, within the fpace of one year, to be computed from the time of their
knowledge of fuch fhipwreck, toprofecute, before the proper judge, the reco-
very and reftitution of fuch goods and merchandifes ; which goods ought to be
truly and effectually delivered and reftored to fuch profecutors, on paying rea-
fonable expences and cofts, for collecting, faving, and keeping them ; pro-
vided always, that the perfon or perfons remaining alive, and coming on fhore
out of the faid fhip, be immediately and freely difmifTed, in the manner already
expreffed in the pr-efent truce. It was farther agreed, that if any fhip of the
one or other fide, freighted with perfons or goods, fhould enter, in a fhattered
condition -f, any port or other place of either of the kingdoms, and it fhould
be necefTary, in order to repairing it, to bring to land the fhip itfelf, or the
perfons or things contained in it; that, in this cafe, the perfons or things
thus landed, fhould, without hinderance, or payment of any cuftom, be
f gain fhipped on board the fame veffel when repaired, or any other, and freely
carried away; provided, however, that for goods and merchandifes fold there,
the cuftoms and other dues, to which the goods were liable, fhould be faith-
fully paid ; alfo, that if, during this truce, any fhip of either of the kingdoms
freighted with commodities, with the perfons therein contained, fhould put in

f It is added in fubfequent treaties, and is perhaps an omiffioti in the ecfy of his, or for a /apply
cfviBuals, or other necrjjilies, overtaking tbcm at fea. Rym. torn, ii, p. 250,

F f f 2 at

4C4 THE BORDER-HISTORY OF

iwEnM'nd at an y P^ ace in tne 0i her kingdom for a fupply of victuals, in cafe that the
i_' - _ _*■ mafter or crew had not ready money to pay for fuch victuals, but would raife
»43)!. what was requifite for that purpofe, by the fale of licenfed goods or merchan-
difes j in fuch circumftances, they fhould be allowed to fell fome of their
merchandifes ; namely, what fhould fuffke to purchafe the quantity of victuals
neceffary to the perfons then on board the (hip, at fuch a price as could be
agreed between the parties-, on condition, however, that the cuftoms and
other duties for the goods thus fold, fhould be faithfully paid ; and that the
reft of the goods remaining in the (hip, fhould remain to the proprietors freely
to be carried to what place they pleafed. There was another material article
added to this truce, that related both to land and fea*; and whofe object was
that which Itill continued to be the principal commodity for foreign trade in
both nations. In this it was ordained, that it fhould not be lawful for any of
the fubjetffs, or inhabitants of either kingdom, either by himfelf or any other,
to buy, or otherwife receive any wools or wool-fells, to be carried out of the
one kingdom into the other, either by land or fea j but that thefe wools and
woolfells fhould be difpofed of, without fraud or guile, according to the laws
and cuftoms relating to them, that had been formerly eftablifhed in either
kingdom. For the greater fecurity of the obfervation of this truce -f-, it was
agreed, that, on account of the minority of the Scottifh king, it fhould be con+
firmed by the oaths of his counfellors, and of the prelates and great barons of
his kingdom-, and, on both fides r by the oaths of the wardens, prefent and
future, of each nation, and of all perfon3 of note refiding upon, or near the
marches, as far as Newcaftle, on the fide of England; and Edinburgh, omthe
fide of Scotland : and the names of thofe, who had taken this oath, were
appointed to be reciprocally notified to the wardens of the marches, in order to
their being preferved by them on record. The commiffioners who concluded
this treaty did alfo agree, that Alexander lord Gordon, and Alexander lord
Montgomery, who were two of the commiffioners from Scotland, fhould meet
with Sir Robert Ogle, and Sir John Bertram, to be furnifhed with fufficient
powers by their fovereign the king of England, in fome convenient place, be-
fore the firft of May, in order to fix and determine the bounds within which

* Continued in fubfequent treaties.

■f This truce was negociated and concluded by Henry earl of Northumberland, John lord Tip-
tot, and Mr. William Lyndwood clerk, keeper of the privy leal, commiffioners on the part of Eng-
land ; and Alexander (Seton) lord Gordon, Alexander lord Montgomery, Mr. John Methvin
provoft of the collegiate church of Lincluden, and John Vaufie, Efq; on the part of Scotland. The
Englifh confervators were, Humphry duke of Gloucefter, John duke of Norfolk, Richard earl of
Salilbury, Henry of Northumberland, and Ralph of Weftmoreland, John lord Grayftock, and Tho-
mas lord Dacres, Ralph Gray, Jjhn Bertram, Robert Ogle, Chriftopher Corwin, Chriitopher
Morefoy, Henry Fen wick, and William Swinburn, knights, all the Englifti admirals, and the
wardens of the Englifh marches toward Scotland. The confervators for the king of Scotland were,
Archibald duke of Touraine, and carl of Douglas, James earl of Angus, Alexander of Crawford,
James of Annandale, Alexander lord Gordon, Walter lord Dirlton, Thomas lord Somcrvilk, Her-
bert lord Carlavercck, Alexander Montgomery, William lord Crighton, Adam lord Hales, Sir
Archibald Douglas, fhcriff of Tiviotdale, Sir Thomas Kilpatrick, Sir Walter Scot, all the admirals
of the Scottifh king, and the wardens of the Scottifli marches. The powers of thefe confervators
were diflributed as in the former truce. See above p. 331.

the

ENGLAND AND SCOTLAND. 405

the foldiers and others redding in the town and cattle of Berwick, and in the James ir.
cattle of Roxburgh, fhould have right to grafs and hay for their beaits, and *' of S "'' an d /.
alfo to fuel and other neceffaiies, during the continuance of the prefent truce. 1438.
Accordingly, two days after the truce was figned, full powers were granted to A t ni*.
the Englifh knights, to tranfadr. and letde that matter with the two lords of
Scotland before mentioned ; and alfo, after concluding it, to make proclama-
tion of the truce in the ufual manner.

The minority of the Scottifh king James II. was much difturbed by the diffen-
fions of Livingfton and Crighton, the men intrufted with the care of the king's
perfon and management of publ.ck affairs. A fenfe of common danger once
again produced a reconciliation betwixt them. The danger that threatened
them arofe from the overgrown power and unbounded ambition of the family
of Douglas, which the late king had not lived long enough to reprefs.
Archibald duke of Touraine and earl of Douglas dying in 1498, was fuc-
eeeded by his fon William, in his tides and eftate. The giddineis and fire of
youth, added to pride and ambition, equal to that of his father, drove this
new earl into the moft intolerable exceffes. His ufual train confilled of a body
of two thoufand horfe ; wherein were comprehended, and protected, many
of the moft profligate banditti of the borders. He fhewed the mod open
contempt of the authority, officers, and courts, of the king; and exercifed
his private revenges and thofe of his clients and vaffals with unbridled licence
and cruelty. The governor and chancellor finding infuperable difficulties in
contending with lb overgrown an offender, either by the methods of juftice or
open force, had recourfe to the political engines of flattery and fair promifes ;
by which having deluded the vain and unfulpe&ing youth, they decoyed him, A>D , , 44o;
accompanied by his only brother, and his favourite Fleming of Cumbernauld,
into the caftle of Edinburgh •, and there, without any formal procefs or trial,
put them all to death. This violent mealure had for fume time the intended
effect of reltoring domeftic tranquillity, and eftablifhing the power of the
regency ; which ends were alio promoted by the character of the new earl of
Douglas, James of Abercorn, lirnamed the Grofs, uncle to the late earl.
He was a man remarkably corpulent in his body, and in his temper indolent Aberc.voi.il.
and pacific-, infomuch that the very perfons who had deftroyed his nephews p- 33'-
had no fcruple of intrufting him with the wardenfhip of all the marches. HumeofCodf.-
While affairs were in this ftate, a prolongation of the truce with England was croft -
agreed on for feven years, fucceeding the expiration of that which at prefent R y m". vohti,'"
fubfifted; and probably on the fame conditions*. The character of the p-4, s«
Englifh king, which began now to have fonie influence on his affairs, was
altogether mild and peaceable; and the continued ill fucceffes in France, made
the minifhy and nation weary of war ; fo that the fituation of both England
and Scotland favoured every mealure that tended to preferve or prolong con-
cord between them.

* A commiffion to the bifhop of Durham, and others, to receive the oaths of the wardens of the
Englilh marches to obferve this truce, and to tranfrn.it the names of the jurors to the Scottifh war-
dens, is dated May 16, Rymer, vol. xi. p. 4, 5.

1 The

4 o6 THE BORDER-HISTORY OF

Henry vi. The power and influence of the family of Douglas, during the time that

t ' °^ n 6_ ,n • James the Grofs was the head of it, was not only weakened by the pfrfonal
M4*. character of that earl, but by a divifion of the vaft eftate that belonged to his
prerieceflbrs. For James inherited only the entailed lands, while Beatrix, the
After of his nephew and predeceflbr William, fucceeded her brother in Gal-
loway, Annandale, and other g-eat crates. But James dying in 1444, was
fucceeded by his fon William, who reunited the vaft domains of the family,
by marrying irregularly, and without leave of the court, his coufin
Beatrix. This ftep was followed by many other proofs of the infolence of
youthful ambition, equally fubveriive of public order and piivate fafcty.
Aberc vol. ii. About the time, however, that the king attained to the age of fourteen years,
p " 333 ' when, according to the law of Scotland, he might himfelf chule his minifters

and officers, the earl of Douglas repaired to court; and, on making proper
acknowledgments and fubmiffions, obtained the pardon of his pair, offences.
Soon after he had the addrefs to r'aile himfelf to the highefl degree of favour
with the king, and to engrofs the whole power of the government into his
own hands; which he employed, without moderation, in revenging himfelf
of the enemies of his family, and in raifing it to a pitch of grandeur far above
the condition of fubjects.
a. d. 1444. About the fame time that a truce was concluded between England and
France, which firft put a flop to the war that had fo long raged between thefe
Rym. vol. xi. nations in the reigns of Henry V. and VI. orders were iffuod to the fncrifis
P 5 s - of various counties in England, to proclaim the prolongation of the truce with

Scotland that had been concluded two years before. The king of Scotland
was alfo, as ufual, comprehended as an ally of France, in feveral fubfequent
ihort truces between that nation and England. It feems farther evident, that
a good underftanding fublifted between the Englifh and Scottifh crowns, in
a. d. 14-18. the fpring of the year .1448 ; a fafe-conduct, with terms of fecurity uncom-
A P ni2 3 . monly ample, having been granted at that time to Sir William Crighton
e??i™'* chancellor of Scotland, the bifhop of Dunkeld, and others, with their retinue,
who were lent ambaffadors to France, in order to renew the ancient league
between that kingdorh and Scotland -f, and to folicit the affiftance of the
French king in providing a wife for their mafter. The affairs of England
were alfo at that time wholly underthe direction of the young queen, Mar-
caret of Anjou, and her favourite Suffolk; who, to the grievous offence of
The EnMifb, were altogether in the interests of France. Thefe circumftances
confldered, it feems probable, that the holiilities committed on the borders,
in this and part of the following year, proceeded rather from the animofity
and ambition of the chieftains of the marches, than from any public direction J,
Aberc. toI. ii. The Scotch writers, who give the mofl particular account of this fhort war,
339. H°- affirm, that the truce was violated by the Engliih ; the earls of Northumber-
land and Salifbury, who were the wardens or the eaft and weft marches,
having invaded Scotland, at the head of two different armies, and deftroyed the

•f Thei'- commiffion is dated at Stirling, on the 6ih of May following, Trahez d'entre les
Roys de Fr. and d'Angiet. p. 356. 366. ap. Abercromby, vol. ii. p. 33S.
I There are no orders of any kind relating to it in Rymer's Collection.

2 towns

Buchan. 1. n.

E N G-L AND AND SCOTLAND. 407

towns of Dunbar and Dumfries. James Douglas lord of Balveny, a brother i*?"."^'

of the earl of Douglas, foon revenged thefe incurfions, by burning the town of t '^J

Alnwick, and by Ipoiling and laying wafts the county of Cumberland. 1 his u;?.
was followed by ftill greater efforts for retaliation and defence, on the part
England. A confiderable army was led over the weftern march by the earl of
Northumberland ; who was met near the river of Sark by a Scotch army, under
the command of Hugh earl of Ormond, a brother alio of the earl of Dougla
A bloody battle enfued, wherein the Scots were victorious. Three thouland
Englifh are faid to have been either thin in the field, or drowned in their
flight, in the Frith (f Solway. Many of them were alio taken prisoners,
among whom was the lord fercy ; who fell into the hands of his enemies,
while bravely exerting himfelf to refcue his father from the like fate. The
lofs on the fide of the Scots is faid to have been fix hundred men •, the prin-
cipal of thele was, Sir Thomas Wallace of Craigie; to whole prowefs the
fuccefs of his countrymen was chiefly owing. For he received his death's
wounds in a vigorous attack on the left wing of the Englifh army ; wherein
that wing was routed, and its leader Magnus killed, on whofe great courage
and experience in war the Fnglifh had placed their chiei hopes.

In the following fummer, an end W3S put to thefe hoftilities by a fhort truce, a.d. t.!. ;o .
concluded on the joth of Tuly, at Wincheiter, where the Englifh kino; then Ry™-™'-*'.
refided, to continue from the 10th of the entuing Auguft to the 2Cth of
September. The difcontents in England with the management of the queen
and Suffolk were ftill increafing; and the French king, in conjunction with the
duke of Bretagne, had renewed the war in Normandy, which iffued, in the year
following, in the total reduction of that province under the power of France.
The king of Scotland was employed in celebrating his nuptials with Mary of
Gueldres ; and it is probable that the tendency of a war with England to
in reafe the greatnefs of the family of Douglas, difpofed him to cultivate
peace with that nation. In the inftrument of the truce abovemencioned,
which is fhort and general, the two kings ieem to throw off from themfelves
the blame of breaking the truce that formerly fubfifted, on ' certain enemies cf
c peace-,' by whom it had been fo infringed, that each party receded from ir, /Emuioi pacts,
or coniidered it as void and null. In the next hit or commifiioners appointed
by the Scotti'ii king, to treat of a farther prolongation of the truce, Alexan-
der Liviripiton of Calendar is included, with the title of jufticiary of Scotland;
a new evidence of the decline of the ir.tereft of the earl of Doughs at court.
For, two years before, his afcendant (here had brought Livingfton's fon, and Aberc.voi. ii.
two others of his name and family, to the block ; the father being at the fame p- 337,
time ftripped of his eftate, and fent prifoner, together with ibme of his prin-
cip.l friends, to the tattle of Dunbarton. Commifiioners of both nations se?t. \%.
having met at Durham, concluded another fhort truce, to continue from R y m - v °'-*w
September 20 to November 10. The Englifh' miniftry ieem on this occafion ''
to have affected to make fome compeniation, on the fide of Scotland, for their
almolt total abandoning of the interefts and claims of their iovereigri in
France: for on the day before ligmng the truce, Richard Andrews, fecretary
of the king of England, made a lolemn proteftation, that nothing faid or done

408 THE BORDER -HISTORY OF

K^fEnZnd * n tne c0l1r ^ e of the prefent treaty, or to enfue from it, fhould anywife preju-

^ ', dice the right of the king of England to the fuperionty over the kingdom of

i449> Scotland, or the homage due to the laid king of England from the king, lords,

or others, of that kingdom. It is perhaps a proof of a very pacific temper
on the part of the Scots, that this proteftation was allowed to be made, without
a counter-prcteft on their part, or fome other inftrument of a like ten-
dency. If any fuch was taken by them, it is not preferved in the Englifh
record.
ifc. p. 144. When this fecond fhort truce was nigh its expiration, another meeting of

commifiioners was held at the fame place, who agreed to renew and prolong
it, in a manner fomevvhat unufual. The term of its continuance was unde-
termined ; but when either king thought proper to recede from it, it was
agreed, that he fhould give authentic intimation of his intention to the other;
but, at the fame time, fhould in no refpect break the truce, or fuffer it to be
broken, until one hundred and eighty days were elapfed after the giving of fuch
warning. Inflead of the proteftation about the fuperiority of the king of
England over Scotland, which introduced the former fhort treaty, the prefent,
which is a very long and particular one, was preceded by two proteftations, on
fubjects of much lefs importance. The firft of them was made by one of the
Scotch commiffioners, John Merhven, a doctor of the canon-law, mafter of
the rolls and regifter to the king of Scotland, in name of his fellow-com-
miffioners and his own. It begins with a promife that, within the fpace of
twenty-one days after their leaving the city of Durham, they would take
effectual care that proclamation fhould be made, in places ufual and conveni-
ent, that the foldiers and inhabitants of the town and caftle of Berwick,
Roxburgh, and other Englifhmen coming to thefe places, fhould be allowed,
during the truce, to poffefs and collect fufficient quantities of grafs, hay, and
fewel, and to enjoy the privileges of a common in the lands, paftures, and
meadows, around thefe places, together with freedom of going in and out
with victuals and carriages of all kinds, in the fame manner as had been
allowed during any former truce. They alfo engaged, that with regard to
the debatable lands on the weft marches, it fhould be in like manner pro-
claimed, that all who challenged a right to thefe lands fhould, during the
prefent truce, poffefs them in common, without let or difturbance of any
kind, as had been done in former truces-, and that no Scotchman, under the
highefb penalties, fhould act contrary to the tenour of thefe proclamations.
But to thefe engagements a proteft was fubjoined, declaring, that it was not
their intention by them, to prejudice, in any manner, the right and property of
the king of Scotland, or of any of his fubjects, in the lands, pafture , and mea-
dows above mentioneJ ; and that the conceffion at prefent made, being in favour
of the truce, was only to endure while it continued. Immediately after, a pro-
mife and proteftation was made by Richard Andrews, who was ftill one of the
Englifli commiffioners, in name of thefe commiffioners and his own, whereby
they engaged, that, within twenty-one days after their leaving the city of
Durham, they would caufe proclamation to be made at Berwick and Rox-
butgh, and alfo on the weft marches, that no Englifhman, under the higheft

forfeiture,

ENGLAND AND SCOTLAND.

409

forfeiture, fhould occupy the debatable lands on the weft marches, either r*™?? 1 '-
by land or water, otherwife than they ufed formerly to be held in time of ' ^

truce; at the fame time protefting, that it was not their intent, by this en- 1*49.

gagement, anywife to prejudice the right and property of the king of England,
or any of his iubjech, in thefe lands; and that the preicnt conceffion, as being
made in favour of the truce, was only to endure while it continued.

In the part of this treaty * relating to the maintenance of peace and rcdrefs Kl " n- vjlxi '
of wrongs committed on the borders, there is a variation from former tre.uies '
in the article relating to the fecurity of the perfons going from the one king-
dom into the other, to profecute judicially thofe who had robbed or otherwife
injured them. Inftead of the fafe-conducls appointed to be given to fuch ib. p -12.
plaintiffs by the warden of the marches, on the fide where he was going to
purfue redrds, it was agreed that, during the truce now concluded, there
fhould be two letters-patent of fafe-condudt ; one under the great real of each
king, whereof that given by the king of England fhould be lodged in fome
convenient place to be appointed by the king of Scotland, within the marches
of his kingdom, and the other given by the king of Scotland, fhould remain in
fome place within the marches of England, to be appointed by the king of that
nation; by virtue of which fafe-conducts, thefubjecis of either kingdom, who,
during the continuance of the prefent truce, fhould be aggrieved in breach of it,
might freely enter the other kingdom, and profecute their caufe in any place,
and before any competent judge in it; on condition, however, that, by virtue
of fuch letters, no more than three or four perfons of either fide engaged in
fuch pleas, fhould at one and the fame time enter the other kingdom. This
regulation feems plainly enough to imply, that the wardens had not done their
duty, as appointed by former treaties, in granting fafe-condudts to thole who
fought them, in order to their profecuting the redrefs of injuries. An article
that immediately follows, throws blame ftill more directly on the wardens,
their deputies, and other officers, charged with the prefervation of the peace
of the marches. In this -f, after declaring that, becaufe by the negligence of R vm . lb,
officers in puniuhing tranfgreffors, according to the quality of their crimes,
it might foon happen, through the infolence and unbridled perverfenefs of
delinquents, that the truce might in many ways be violated, it was agreed and
ordained, that either of the kings, on finding himfelf or his fubjects aggrieved;
in defect of juftice, which the other fide refufed to execute, fhould by a
proper mefienger give information to the other, of the default of his officers in
that refpect; in which cafe, the king to whom fuch information or complaint
was prefented, fhould with all convenient fpeed, twice, or at leaft once a year,
fend three or two of his council J, friends of peace and juftice, to fome

convenient

• This is the firft of the long treaties, concluded on the model of lhat which was made on the
reftoration of James J. that is publifhed in Dr. Nichollbn's collection of Border-laws, p. 7, &c.

f Continued in iubfequent treaties.

J It is probably in fulfilment of this article, that a charge and powers were given in 145 1,
April 28, by the king of England to certain commiffioners, though exceeding the number herfe
mentioned, to inquire into the conduit of the confervators of the truce, the wardens, or their

G g j lieutenants

lb:<5.

4io THE BORDER-HISTORY OF

Henry vi. convenient place near the marches, to meet with the fame number of the like
._' ° " e in _ ' quality and character, fent from the other king, and furnifhed with fufficient
1449. powers, not only to punifh the delinquents complained of, according to the

nature of their offence, but alfo ftridtly to inquire whether the confervators of
the truce, the wardens of the marches, or their lieutenants and deputies, had
been negligent or remifs, in the execution of juftice to the parties com-
plaining, and to correct and punifh them, if, by fuch inquifition, they fhould
be found guilty.

The regulations in this treaty for the mutual fecurity of navigation, are in
fubftance almoft the fame with thole in the treaty of 14,8. They are
varied however conliderably in form and order ; and as they continue the fame
in feveral fubfequent treaties of this kind, we fhall give thole wherein this
Rym. p. 148, differs from former treaties. — I. It is firft agreed, that if, during the prefent
truce, any fubjects of England navigating the lea for a lawful caufe, whether
merchants *, pilgrims, fifhers, or others, fhould by the violence of winds or
ftorms, or any other juft or necefTary caufe containing them, be obliged,
contrary to their intention when they left their home, to put into any port or
other place in the kingdom of Scotland, or fuffer fhipwreck in any place near
the coaft of that kingdom, provided any perfon remained alive in the lhip, it
fhouldjnot be lawful for the king of Scotland, or any of his fubjecls, by them-
felves or others, to take or feize the peribns thus driven to land, or fhip-
wrecked, their fhips, or goods of any kind, on board of thefe, or in any
manner to take them away, or detain them, or to arreft fuch goods, or mer-
chandifes, in whole or in part, on account of any perfon's debt ; but the
peribns driven to land or fhipwrecked fhould, on the ceafing of fuch caufe,
be allowed to depart with their fhips and goods, and, on their part, ought to
do fo, after their fhip was repaired, with all convenient difpatch, without
obflacle or hinderance of any kind from the king of Scotland, or his fubjects.
And, in like manner, if any fubjects of the king of Scotland navigating the
fea, as abovefaid, fhould through ftrefs of weather, or other juft or necefTary
caufe conftraining them, be obliged, contrary to the firft intention of their
voyage, to put into any port or other place, fubject to the king of England, or
fuffer fhipwreck in any place adjacent to fuch ports or places, it fhould not be
lawful for the king of England, or any of his fubjecls, to take or feize the
perfons thus driven to land, or fhipwrecked, their fhips, or goods of any kind,
on board of them, or in any manner, to take them away or detain them, or to
arreft fuch goods, in whole or in part •, but the perfons driven to land, or fhip-
wrecked, fhould, on the ceafing of fuch caufe, be allowed to depart with their

lieutenants and deputies; and on finding them negligent or remifs in the execution of juftice, to
coneiH and punifh them. No commiffion, of this nature, is to be found before this in Rymer's
Collection, vol. xi. p. 2S4.

* In the tieaty of 148b, the defcription of perfons navigating the fea is enlarged. It is there,
fcr the ftift time, faid, ' whether they be merchants, pilgrim-, or ethers, of whatever condition,
• iiate, or degree, alihough roval, ducal, archiepifcopal, epiicopjl, cnmital, or under.' The
defcription of the goods in thefe iliips is alfo enlarged. 1 o goods and merchandifes, ia added gold,
fiiver coined or uncoined, jewels, cloths of gold, filken,. or woollen.

fhips

ENGLAND AND SCOTLAND. 4 n

fbips and goods, and, on their psrt, fhould be obliged to do fo, with all con- JtoeilL

• j r 1 i' i n 1 11 c 1 * j r i i ■ r K.. of Scotland.

venient d.ipatch, without obltacle or ninderance or any kind from the king or , -

England or his fubjects. — II. It was in the next place agreed, that if any of the '44?-
fubjedts of the Englifh king, driven in, or fhipwrecked in manner abovefaid,
or who, coming into Scotland under fafe-conduct, mould be fo dillrcflld with
ficknefs *, as not to be in a condition to go away in their fhips, or thole
having fafe-condudt, mould not be fit to depart and return home to their own
country, it fhould be allowed to perfons in fuch circumftances, to remain fafe
and fecurein the place where they had fallen fick, until they had regained their
health, and then they fhould be fuffered to return to their own country with
letters of atteftation of the mayor, bailiffs, conftable, or any other officer of
the king, in the place where they had fickened, to be granted them at a
moderate expence -, and the fick abovefaid fhould be bound to depart, without
obflacle or hinderance of any kind from the fubjedts of the Scottifh king, on
condition that they contrived or committed nothing to the prejudice of the
king, kingdom, or fubjedts thereof. All which particulars fhould be faith-
fully and fully obferved by the king of England, or his fubjedts, in cafe of
any fubjedt of Scotland falling fick in England, in the circumftances above-
mentioned. — III. It was farther agreed and ordained, that if any who were
not fubjecls of the Scottifh king, fhould feize the fhips, perfons, or goods,
belonging to fubjects of the king of England, and carry them into any place
or port fubjedt to the king of Scotland, it fhould not be lawful to that king,
or any of his fubjedts, to buy the whole, or any part of them, or to receive
them in any way for their ufe, without confent of the perfons who were the
real proprietors of thefe goods, before the capture was made -f- : and, if any
thing fhould be committed in breach of this article, in that cafe, faithful and
complete reftitution fhould be made of the perfons and goods thus bought and
received to their true proprietors equally, as if they had been taken by the
fubjedts of the Scottifh king; and, over and above, any perfon offending in
this article fhould be fe/erely punifhed, according to the nature and circum-
ftances of his offence. All which particulars fhould be faithfully and fully
obferved by the king of England, in cafe of any fhips or goods belonging to
the king of Scotland, or his fubjedts, being taken by any not fubjedt to the
king of England. There are only other two articles on this branch, the one
relating to the recovery of fhipwrecked goods, and the other to veffels of the
one nation putting into any port or place of the other, for repairs, a fupply of R
victuals, or the like neceffary caufes, which are juft the fame as thofe contained 344. ' p ' 341<
in the treaty of 1438 J.

The

• In the treaty of i486, is added, hurts or wounds, Itrfi, and fo in what follows.

■f- In the truce of 1464, it is added, ' or of their faflors. And if the merchant or proprietor of
• ihe gnods, or his faftor, were not prefent, in that cafe the allowance (hould fuffice of him who
4 was captain or mailer of the (hip, before (he was taken.'

J The confeivators of this truce on the part of England were, Humphry duke of Buckingham,
John duke of Noifelk, William duke of Suffolk, Richard earl of Salifbury, H-'nry eail of
Northumberland, John earl of Oxford, John vifcount Beaumont, Henry vifcount Bourchier,
Thomas loid Clifford, Ralph lord Grayrtock, Thomas lord Fitzhugh, Thomas lord Dicres,

G g g 2 Thorn is

4 i 2 THE BORDER. HISTORY OF

Henry vr. The earl of Douglas having made a pompous pilgrimage to Rrvtie in the

k. of England.^ Jubilee year, accompanied by many of his friends and vaftjls, gave an
a. d. 1450. advantage by his abience to thofe whom he had oppreffed or injured, and to
his other adverfaries, which they failed not to improve. Many and heavy
complaints were made againft him to the king, who appointed reftitution to be
made to thofe whom he had wronged, out of his etlate and revenues •, and
upon his brother the earl of Ormond, and others, who had the charge of his
affairs, refufing to comply with this order, the king in perfon marched with
an armed force into the earl's provinces, reduced fome of his catties, and
made himfelf every where be obeyed. Accounts of thefe proceedings foon
reaching Rome, diiperfed the earl's retinue, and battened his return. By
making proper acknowledgments and promifes, he obtained the king's
A. p. 14:1. forgivenefs, and was even reftored to confidence and favour. In the following
Rym.voi.xi. April, he was one in a lift of commiffioners appointed by the king of Scot-
land, to meet with others from the king of England at Newcaftle or Durham,
in order to treat concerning the redrefs of breaches of the late truce. Soon
May 12. after, he obtained from the king of England, for himfelf, three of his
brothers, thirty of his friends and dependents who were named, and fixty-
feven more of whatever quality, letters of fafe-conduct, and protection for a
year, extending to all the Englifh dominions. This hath the appearance of
private treating with the Englilli court ; agreeably to the accounts given by the
Scottifh hiftorians: and, indeed the circumftances of the court of England
make it very probable, that they might be negociating at the fame time
with the Scottilh king, and his over-grown fubjecT:. For the Englifh parlia-
ment' had lately forced away from the queen, her favourite Suffolk, who was
foon after put to death; and the infurreclion of Cade in Kent, together with
various other difturbances, ftrongly portended thofe dreadful civil broils that
in a fhort time began to rage in that kingdom.
£ 5 sS8. Vo! ' "" * n orc ^ cr > therefore, to eftablifli quiet on the fide of Scotland on a furer foot-

Thomas Nevill, Thomas Stanley, James Strangeways, Henry Fenwick, Robert Ogle, Thomas
Harington, Thomas Lumley, Richard Mufgrave, John Skilton, Thomas de !a More, John Heron,
Robert Manners, with all the Englifh admirals, and wardens of the Englifhmarches. On the part
cf Scotland, the confervators were, William earl of Douglas, George earl of Angus, John earl
of Rofs, Archibald earl of Murray, and Alexander earl of Crawford, William lord Crighton,
VVr'iam lord S^. Clair, William lord Somervill. Herbert lord Maxwell, Alexander lord Montgomery,
Andrew lord Gray, Patrick Hepburn of Hale?, James of Crighton, barons ; Alexander fheriff of
Angus, Andrew fheriff of Fife, Simon Glendanning, Archibald Douglas, William Cranilon,
WJcer Scott, Robert Crighton, Alexander H "me, David Home, Alexander Ramfay, knights;
James Rutherford, Nicholas Rutherford, Thomas Cranilon, William Carlile, William Douglas,
Adam Johnfton, William Lauder. Their powers diilnbuted as in former truces. This truce is
not limited, as the two preceding, but extends to all the dominions of both kings by land and fea.
The oaths of the wardens of the marches, prefent and future, on each fide, wth thofe of all men
of note living near the (did marches, from Newcaftle and Penrith towards Scotlar.d on the one hand,
and from Edinburgh and Dumfries towards England on the other, that they would llriftly obferve
the truce, and neither by themfelves or others, dire&ly or inclirecfly, be guilty of any violation of
it, were appointed to be folemhly taken ; and in a month after, to be reciprocally notified to the
wardens on each fide, to be preferved with them on record.

5 in g>

ENGLAND AND SCOTLAND. 4Ij

tng, there was a meeting of plenipotentiaries * from both kings, held at > me « n.
Newcaftle in the month of Augult, who had it in charge to negotiate and ^'

conclude a truce for a definite time. Accordingly they put their feais to a new 1451.
treaty on the 14th of the abovefaid month, in the church of St Nicholas,
by which it was agreed, that a truce certain and undoubted fhould be oblerved
between the nations, for three years, from the day following the date of this
treaty. It was afterwards to continue during the pleal'ure of the kings, and
the lame delay of hostilities, after intimation of the purpofe of either to
recede from it, was agreed on as in the former treaty. An addition was made Rym. vol. xi.
in this treaty to the article relating to the hot-trodd, or purfuit of robbers, or p ' i '
malt factors, either inftanr, or in fix days from the commilfion of the treipals.
In fuch circumflances, the perlbn injured was allowed, as in former treaties,
to purlue t!ie offender into his own nation without any fafe-conducl ; but with lb -
the condition -f- following, that as foon as he entered the neighbouring kingdom
in this purluit, he fhould go to fome man of good fame, refiding within the
march he had crolfcd ; and^having declared to him the caufe of his doing fo,
fhould give him a particular account of the goods whereof he had been
robbed, and fhould moreover require him to accompany him ; that fo he
might, when called upon, declare the truth concerning what had been done
by the purfuer, in the time of the purfuit. The article which for the firfl ib.p. 360,
time appears in the former treaty, concerning the fafe-conduifts from each
king to be lodged in the neighbourhood of the marches, is continued in this,
with the following explication of the meaning of the competent judge, before
whom redrefs was to be fought. By this competent judge, the preient com-
miffioners declared, they underftood the warden of that march where the
delinquent refided ; and if the perfon complained of, had not his refidence
within the limits of either march, or could not be found within the limits of
that where he actually refided, or was wont to refide, the plaintiff might, in
that cafe, prefent a bill or fchedule of his complaint to the warden, who fhould
with all convenient fpeed tranfmit the bill, together with the plaintiff, if the
latter defired it, furnifhed with letters of atteftation and fafe-conduct, to be
delivered without fee or reward, to the chancellor of the kingdom, of which
the perfon complained of was a fubjecT:-, whereupon the chancellor fhould
fummon the party accufed, and with all pofilble difpatch adminifter juftice to
the plaintiff J. In the conclufion of this treaty, there is a new article added

for

* The Englith commiflioners were, Robert biftiop of Durham, Richard ear! of Salifbury,
Nicholas bifhop of Carlille, Henry Percy lord Ponyng, Thomas lord Clifford, Sir William Lucy,
Mr. Richard Andrews doftor of laws, fecretary to the king of England, Sir James Strangeways,
and Mr. Robert Dobbies, dodlor of decrecals. Thofe from Scotland were, Thomas bilhop ojf
Whithern or Galloway, Andrew abbot of Melrofe, confeffor and trenfurer to the Scottilh king,
Andrew lord Gray, Mailer John Methven mailer of the Rolls and regitler, Sir Alexander Home,
and Alexander Napier, knights.

■J- Continued in fubfequent treaties.

j It would feem, that the conclufion of a new truce had been confidered as putting fome kind
of obltacle in the way of redrefling the breaches of former truces. For an article appears for the
firfl time in this, and is continued in fubfequent treaties, by which it is agreed, declared, and

ordained,

4 i 4 THE BORDER. HISTORY OF

Henry vi. for the fecurity of navigation. It declares, that bec^ ,,r fubjects of one

■J.! „" 6 *!j ^ e were often greatly hindered in their navigation, ai._ wered other lolles by
itsi. being compelled by fubjects of the other Ode, although thefe had lufficient
knowledge by a cocket or other authentic document to what country the other
p.%. ' belonged, to take away their fails, or to it ike them, in whole or in pare.
It was now ordained, that fubjects of either fide fhould not treat in this manner
thofe of the other, or in any way impede them in their lawful courfc ; and,
that thofe who did fo, fhould be proiecuted and punifhed as breakers of the
prefent truce *.
Rym. p. 356. 1 he figning of this truce was preceded by the fame proteftations that had

been made, on occafion of the former, relating to the privileges of Berwick
.... and Roxburgh, in the lands around them, and alio relating to the debatable

lands on the weft-marches. The proteftation likewife made by the Englilh
fecretary at Durham, in September 1449, f° r faving the claim of the
fovereignty of England over Scotland, was now renewed by the fame
perfon.
a.d. t 4 ;». Xhe beginning of the following year was remarkable in England for the
742/74* '"' fi r ft infurrection of the duke of York. He had probably, before this time,
fixed his eye on the crown; to which his title as the lineal heir of the duke
of Clarence, an elder fon of Edward III. then John of Gaunt, was preferable
to that of the reigning family. It is not likely, however, he would have
four.d lufficient numbers to favour and aflift him, had not the lofs of Nor-
mandy and Guienne abroad, together with many arbitrary and violent mea-
fures at home, brought an univerfal odium on the queen and her favourites ;
an odium which the mere innocence of the poor infignificant monarch was
nowile fufficient to counterbalance. Edmund duke of Someriet, fucceeded
Suffolk in the queen's favour; and the avowed defign of York's infurrection
was to remove Someriet and others of the council from the adminiftration of
public affairs, and to bring them to account for their malverfations. By
pretending to comply with thefe demands and a mam-confinement of Somerfct,
York was prevailed with to difmifs his forces, and to put himfelf in the power
of the court. There he found Somerfet at his liberty, and was for a fhort
time deprived of his own ; bur his adverfaries were deterred from proceeding
to extremities againft him, by reports of his fon Edward approaching to
refcue him, with a great force railed in Wales. Hereupon York was
difmiffed, and this breath of faith ferved (till more to kindle his ambition and
Abet vol ii refentment. It was in the very time of York's infurrection in England, that
p. 351. &c. ' the infolence and ambition of the earl of Douglas in Scotland, terminated in
his own deilruction. He had been detected in correfponding with the Englifh

ordained, that it (hould be lawful for any perfon who had been robbed or injured, in breach of
the truce lately concluded at Durham, to fue for redrefs bt fore any competent judges in either
kingdom, wherever he (hould think proper, and that full juftice (hould be done him j the con-
cluiion ot the prefent truce, any cultoin, or any abufe, to the contrary notwithftandirg. Kyin.il>.
p. 300.

• The confrrvators of this tiuce on the part of England, were all the fame as thofe of the laft,
excepting William duke of Suffolk, who was pi I to death in the preceding year. On the part of
Scotland they were all ihe fame.

court,

ENGLAND AND SCOTLAND. 415

court, and in order to fupport himfelf again ft his fovereign at home, had J»meiii.
entered into a league with feveral of the chief nobles of the kingdom, by . ' . .

which they engaged to give help and defence to one another againft all mortals. 145*.

The king having required the earl's attendance at Stirling, he refilled to obey,
unlefs firft furnifhed with a fafe-conduct under the king's great fcal. This
being lent to him, he repaired to court with a numerous hoft of attendants.
The king received him in the caflle, and entertained him at fupper with ex-
preffions of kindnefs; but having afterwards cariied him into a chamber where
the king and he were alone, and urged him inftantly to renounce the traitorous
ailbciation into which he had lately entered ; and the earl being obftinate in his
refufal, the incenfed monarch rimmed at once his rebellion and life, by
ftriking him to the heart with his dagger (a). **' e ' * 3 '

This violent meafure, though more probably the effect of policy than of
pafiion, appeared by the event to be a very defperate one. For the relations,
clients, and allies, of the deceafed earl, headed by James his brother and
fucceflbr, founding aloud the charge of perfidy and cruelty againft the king
and his counfellors, broke out into a moft furious rebellion. The divifion in HomeofOndr.
the family of Douglas itfelf, by the earl of Angus, and Sir John Douglas of &c! 3
Dalkeith, adhering to the king ; the wife and magnanimous counfels of
Kennedy bifhop of St. Andrews, and the defeat given at Brechin by the earl May 181
of Huntly to the earl of Crawford, one of the moft powerful of earl Douglas's
allies, proved the means of fupporting the throne, which, for fome time,
appeared in fo tottering a condition, that the king had thoughts of afking-
refuge in France from the rage of his own fubjedts. This ftorm, however, R^dim. Not.

° r j • 1 ii-? 111 1 • • a P- Buchan.

was compoled in the end or iummer; and the earl on making certain con- 1, in
ceffions and giving the fecurities required for his future good behaviour, was
pardoned and received into fome fhow of favour.

In the following fpring, the earl was in fo much confidence with the king, a. d. 1451.
that he was appointed, along with two others, a plenipotentiary*, to treat * y ™^" > '""
with the court of England concerning the means of enfuring the obfervation
of the truce that did then fubfift, and alfo, of prolonging it to a more diftant
term. In purfuance of this commiffion, the earl with Robert Liddale of
Balmure, one of his fellow-commiffioners, met with Richard earl of Salilbury,
and four others, commiffioned by the king of England at Weftminfter, and
concluded on the 23d of May, a new truce to continue from the 21ft of May
in the prefent year, to the fame day in the year 14.57, and afterwards, during
the pleafure of the kings ; either of whom, on refolving to recede from it,
was obliged to give the other the warning required by the two former treaties.
The articles of this treaty and proteftations accompanying it, relating to
Berwick and Roxburgh, were precifely the fame as in the treaty preced-

* Earl Douglas's fellow -commiflloners were, Richard abbot of Dumfermling, and Robert
liddale of Bdlmure, (he king's primus dapifer, (Iteward of the houfehold ?) thofe of the earl of
Salilbury were, Henry Pi-rcy lord of Ponnngs, Sir Thomas Stanley, and Richard Andrew clerk,
the king's I'ecretary. Salilbury was then warden of (he well march of England towards Scotland,
and couilable of the caflle of Pomfret. Rym. ib. p. 339.

4 i6 THE BORDER-HISTORY OF

Henry vi. ing * •, but no proteftation was made for faving the fuperiority of Eng-

K. of England, . D ,

u _ m ^ , land.

ni3. The ambition of the earl of Douglas, ftimulated by the vindictive fpirit of

his mother, foon engaged him in a new rebellion. To add to his Strength, he
took to wife the -f widow of his brother, the late earl, who had no children by
her deceafed hufband, and was affirmed by the prelent earl to remain ftill a virgin.
He folicited a difpenfation for this marriage at the court of Rome, and to
give the greater weight to his folicitations, he undertook, or declared his
purpofe to undertake, with a great company of his relations and friends, a
pilgrimage to that city, in order to pay his devotions at the fhrines of the
Apoftles. But the king had fufficient intereft at Rome to prevent the granting
Rvm. .vol. xl. j.- j" ucn a difpenfation. The earl, his mother, and brothers, being declared
rebels, and their eftates confifcated by a decree of parliament; the king
marched into Galloway, and reduced that province without refinance. The
inhabitants of Douglas-dale being more obftinate, their country was abandoned
Abercomby. to the fpoil of the king's forces. The earl, however, and his friends, the
Urummond. chief ofwhom was Sir James Hamilton, were ftill able to keep the field with a
mighty army. With this they marched towards the king, while employed in
belieging the ftrong cattle of Abercorn •, but the earl having refolved to defer
engaging with the king's army, until the day after he had arrived in its neigh-
bourhood, was in the intervening night delated by the lord Hamilton, who
going over to the king's camp, threw himfelf on his mercy, and was foon after
received into a high degree of favour. The defertion of Hamilton being
publifhed in the earl's camp, produced an inftant and almoft total diffipation of
his army, fo that he and his brothers, attended with a very fmall company,
were obliged to leek refuge in England.

In that kingdom, every thing confpired to deprefs the unfortunate Henry,

and to promote the alpiring views of his rival, the duke of York. A laft effort

had been made for the recovery of Guienne, which for fome time had a

promifing appearance, but this vanifhed upon the defeat and death of the

brave Talbot •, and that province was foon after wholly and for ever loft to

the crown of England. In the beginning of the following year, Henry fell

a. D. u^- into a violent difeafe, that deprived him for a long time of the fmall portion of

^"''"M'' understanding he naturally poffeffed. This encouraged York with his power-

747. ' ful afibciates the earls of Salifbury and Warwick, to come to parliament-, in

which, and in the city of London, their favour and credit were fo great, that

Somerfet being committed to the Tower, York was appointed by the council

the king's lieutenant for holding the parliament, and foon after, was inverted

by the parliament with the office of protector and defender of the realm and

church of England, which he was to exercife until the prince of Wales, an

• The promife and protection, on the part of Scotland, was made by the earl nf Douglas ;
and on the part of England, by Richard earl of Salilfmry. They were made on the Gme day that
the truce were figned. Rym. ib. p. 336. The Englifh confervators are the fame as in the former
truce. In the Scottifh lift, James Ru'.herford is omitted, and Andrew K.er appears in his room,
and Robert Lawder in the room of William Lawder.

-J- Her name was Beatrix.

infant

ENGLAND AND SCOTLAND. 4 , 7

infant not many months old, fhould come to age. But the king having re- Jameiir.
covered, in fome degree, from his dillemper, the influence of the queen *' ° f ^'"^
prevailed with him and his council, to reftore the duke of Somerfet to his a. d. 1455.
liberty, and to annul the commifTion of the duke of York. This produced M^tx'"
the firft battle of St. Albans where the duke of Somerfet, Henry Percy earl Tkorfdiy.
of Northumberland *, and many other eminent perfons on the king's fide ( H » rd ->
were flain •, and the unhappy monarch falling entirely under the power of the
duke of York and his junto, found himfelf obliged to juftify all they had done,
and to confirm them in the pofieiTion of their great offices.

Such was the fituation of the court of England, when the earl of Douglas Rym. vol.tj,
obtained the grant of a penfion from Henry of 500 1. a year, to be paid for p ' 3 A u' g . ,.
fervices to be rendered by him, until he fhould recover the whole, or greateft
part of his pofTeffions, which had been taken from him by the peribn who
called himfelf King of Scotland; and in cafe of his recovering half of thefe poi-
feffions, he was to receive half of the above mentioned fum. The earl had,
in the beginning of this year, made an incurfion into the weft borders, and
coming to an engagement with the earl of Angus, affifted by the Maxwells,
Johnftons, and Scots, received a total defeat-, wherein one of his brothers,
Archibald earl of Murray, was flain, and another of them, Hugh earl 01
Ormond, taken prifoner. With the utmoft difficulty he, and another of his
brothers, John lord Balveny, made their efcape to the territories of Donald
earl of Rofs and lord of the Ifles ; and having engaged him to become an
accomplice in their rebellion, found means of returning again into England.

The diftrefs that the Scottifh king had fuffered from the exorbitant power
and ambition of the DouglafTes, prompted him to provide againft. fuch evils by
laws as well as arms. Several uleful ordinances in this view were made in Black a as ^i
different feffions of a parliament held during the prefent year. An act was A i e, .5 romb >«
made againft offices being hereditary, particularly that of the warden of the ™h"\<>s. ' Sl
marches ; and all grants that had been made of fuch offices, fince the deceafe
of the late king, were appointed to be revoked, excepting that of the warden
of the marches, which the king had granted to his fon Alexander, whom he
had created alio earl of March and Annandale. At a meeting of the fame par-
liament, held at Stirling in October, regulations were made for defence of the
kingdom againft any irruption of the Englifh ; who having violated the truce,
appeared now openly in iupport of the earl of Douglas. In this view it was
judged expedient, that proper perfons fhould watch at fords, and other places
between Roxburgh and Berwick, in order to advertife the country of the
approach of enemies. The manner appointed of giving this advertifemenr,
was by kindling fires on the tops of eminences. For inftance, when thofe who
watched at the ford in Tweed neareft to Home, obferved an enemy approaching, Hum*,
a fire was to be kindled at that place, or in the heights adjacent; which being
feen by thofe, who watched on other hills within fight, the like fires were to be

• Th' erle then of Northumberland was there,
Of fodain chance drawn forthwith the king,
And flain unknown by any man were there. Hard, c. 234.

H h h kindled

4 i8 THE BORDER-HISTORY OF

Henry vi. kindled on them j by which means the alarm would foon be conveyed to the
iCofEngUnj mo ^. j^jjj- p arts of the kingdom. The kindling of one fire was to be confi-
1455. dered as a general intimation that enemies were approaching. If their num-
ber was confiderable, two fires were to be lighted ; and the number increafed
to three or four, according to the exigency of the cafe. It was judged, that by
fuch a method of warning, fufficient numbers might be drawn together to
Edinburgh or Haddington, to oppofe the invaders, before they could pene-
trate far into the country. By another ftatute, two hundred fpearmen, and as
many archers, were appointed to be ftationed on the eaft and middle marches :
the forces abovementioned, were to be maintained at the expence of the lords,
barons, and freeholders of the country •, and in order to make an equal affeff-
ment on thefe, the fheriffs were appointed to tranfmit to the king lifts of their
names, with an account of the value of their lands and moveables. The
gentlemen near the borders, were required to make their houles as defenfible
as they could, to chufe ftrong and able-bodied men for the fervice of the war,,
and to have their horfes and arms in readinefs at the principal places of their
K-iidence, in order to attend the wardens or their chiefs, when required.
a. d. 1456. Thefe vigorous preparations for defence, did not deter the earl of Douglas

from making new efforts to regain his eftates and poffeffions in Scotland, and
Bnchsnan. to revenge himfelf of his ad verfaries. While his ally, Donald of the Ifles, was

Drummond. diftreffing the northern provinces by his barbarous ravages, Douglas, accom-
AtacKMoy. p an i e d by the defperate followers of his fortunes, and afijfted by Henry Percy,,
earl of Northumberland, at the head of a confiderable body of Englilh, made
an incurfion into the Mers. Here he gave licence to his men to plunder and
deftroy, whereby he loft the affections of his countrymen; and while a great
part of his followers, and thofe of the earl of Northumberland, were difperfed.
over the country, the earl of Angus, and Sir James Hamilton, fuddenly
appeared at the head of an army. A Hand was made by fo many ot the forces
of the invaders as could be drawn together ; but they were totally defeated,
H .. . many of them (lain, and feven hundied taken prilbners ; while thofe who were

^ o^ing e , p. em pj y CC j ; n plundering, retired with all the fpeed they could into England,
with their booty, which was very confiderable. Douglas being thus again
repelled, and his ally in the North foon after reduced to extremities, withdrew
into England, and gave no farther difturbance to his country, during the
reio-n of James II. It appears, however, to have been equally the maxim of
all adminiftrations in England, to fupport the head of fo mighty a family,
formidable to his fovereign at home, and, at the fame time, by his power on
the marches, capable alio of being very ufeful or hurtful to England. For
though the queen, in the beginning of the year, had regained the afcendant in
the government, and the duke of York was difmified from his charge ; yet
July 2*. the grant of the fame penfion * that had been fettled on Douglas by the court

o£

* Douglas, in both thefe grants, is called the king of England's faithful and belowed, and the
penfion is granted for bis fervices ; proofs that he had fworn allegiance to the Englilh king*
P.p of his penfion, by the fettlement made in the grant of this fummer, is appointed to be paid out
of the rtnts and profits of certain fifheries in Tweed, in the county of Northumberland. Of thefe
Oxftallc, Hexilalle, See, Cadman, and Suet, are mentioned. Rym. ib. p. 382.

A few

ENGLAND AND SCOTLAND. 4?9

of England Lift fummer, was renewed in the courfe of this, with an altera- . J""«'i.
lion only in the funds on which it was affigned. . 0t3C ' > ini -

The advantages gained on the borders, by the arms of the Scortifh king, 1456.
feem, in a great degree, to have diffipated his apprehenfions on that fide. A * hr ' 6 c ' Vul " "'
parliament that met in October at Edinburgh, were of opinion, that the bor-
derers were in a condition to defend themlelves ; their ftore of corn being
greater than in the preceding year, and that of their neighbours in England
lefs. A cefiation of arms had alio been agreed until Candlemas, on the eaft
and middle marches; which the parliament apprehended might, without diffi-
culty, be extended to the weft. They alfo judged, that, from the prefent
circumftances of the Englifh, they would ealily confent to prolong this cefia-
tion. Yet, to provide for the worft that might happen, they appointed the
fencible men of the inland country to be in readinefs with their horl'es and arms,
and to be muftered once every thirty days. They likewife advifed the king to
procure the help of the great towns in furnifhing cannon, carriages, and fkil-
ful artillery-men.

It foon appeared, that the Scottifh parliament had not been miftaken in their
conjectures, concerning the pacific difpofition of the coutt of England. A a. u. i 45r .
negociation being fet on foot in the following fpring, a new truce was on the R, £" vo1 *'•
10th of June concluded at Coventry, to commence from the 6th of July at
land, and from the 22d of the fame month at lea, and to continue two years,
reflectively, from thefe dates*. The treaty of this truce confifted of the
fame articles, and was accompanied with the fame proteftations as the preced-
ing ; only the article relating to wool and hides, which had been omitted in ib. P . 34 6.
fome of the preceding treaties, was reftored in this ; and alfo the article relat- Ib, P-3s». .
ing to the fubjecls of either kingdom going into the fervice of the enemies of
the other f. In the end of the year, the two kings, without any new meeting R ym ib p. 4 e7.

A few days after this grant, a letter, in a molt, reproachful and menacing ftrain, as to a faithlefi
and rebellious vaflal, was written by the king of England to the king of Scotland; and it appears,
from the tenour of it, to have bten a return to one written in the fame fpirit by the king of Scotland
to his royal neighbour, and fent by his Herald Lion king at arms. Rym. vol. xi. p. 383.

* It was to be afterwards continued, at the pleafure of the kings, in the fame way as had been
agreed in the late treaties. Only the previous warning of one hundred and eighty days is here
changed into fix kalendar months.

f The revival of this article feems to have been occafioned by preparations that were making in
France to invade England ; in which fervice, it was probable fome of the Scots would engage.
Stowe mentions an inroad made about this time, by the Scots into Northumberland, and of their
retiring in hafle, on hearing of the duke of York leading an army towards them, p. 402. But there
is no mention of this in the Scotch liiitorians.

The Englifh commiffioners, employed in negociating this treaty, were, John Prior of St. Mary's
church in Coventry, Mr. Laurence Both, keeper of the privy feal, and archdeaccn of Richmond,
Mr. John Arundel, chaplain to the king, and Sir Philip Wentworth. Thofe from the king of Scot-
land, were, Andrew abbot of Melrofe, Patrick lord Graham, Thomas Vauffe dean of Glafgow,
king's fecretary, and George Faulaw, merchant.

The Englifh confervators are the fame as in the laft truce. Only a new Henry earl of Northum-
berland appears, in the room of his father, who was flain at St. Alban's. Inftead of Thomas Stanley,
is Thomas lord Stanley, and Ralph Grey is omitted. In the Scotch lift there are a good many more
alterations. It ftands in this treaty as follows: John earl of Athol (uterine brother to the king),
John eatl of Rofs, George of Angus, Alexander of Huntley, William of Caithnefs, John lord

H h h 2 Somerwell

Carte, vol. ii.

420 THE BORDE 11 -HISTORY O I-

Hepryvi, of commifiloners, agreed to a prolongation of this truce, in all its articles and
. '" ^" 8 '"" < conditions •, to be obferved both by land and lea, for four years after the terms
1457. of its expiration that had been fixed in the late treaty J.

The ambition and great power of the duke of York, and his two mighty
allies, the earl of Salisbury, whofe lifter York had married, and the earl of
Warwick, Saliibury's fon, on the one hand; and the incurable jealouly and
refcntmenc of the queen againlt thefe lords and their faction on the other, pro-
longed the interline troubles of England. The queen, in the former part of
this year, thought to have got the heads of the faction into her power at
Coventry ; but being warned by their fecret friends at court of her intention,
they retired with all fpeed to places of fafety. Warwick's retreat was Calais ;.
AD »? tne government of which rendered him very formidable. In the beginning of
the next year, by the mediation of the archbifhop of Canterbury (Bourchier)
and others, and at the earner! defire of the poor innoxious monarch, a meeting
of the contending parties was held at London, and a folemn agreement con-
cluded between them. In confequence of this, York and his friends were
reftored to their places in the king's council, and many months pafied in feem-
ing tranquillity •, but an end was put to this about the following Candlemas*
varte.ju.. ^ quarrel between the fervants of the king and the earl of Warwick, which.

a. d. 1459. proceeded to fuch a height, as to endanger the earl's life, and was foon dis-
covered to have been a contrivance of the queen to deftroy him. Warwick,
hurried over to Calais; and Salifbury, having in vain iblicited fatisfaction for
the attempt on the life of his fon, raifed, in concert with the duke of York, a
body of forces in Yorkfhire, with which he defeated at Bloreheath an army
Scot. »j, in the fervice of the king, commanded by lord Audley. But about three
weeks after, a fad reverfe came on the affairs of York, by a fudden defertion
and difilpation of his followers, when juft ready to encounter a new army,,
which the king had raifed and led againft him, to Ludeford, in the neighbour-
Oft. 1 j. hood of Ludlow. The duke himfelf, with his fecond fon the earl of Rutland,,
fled to Ireland •, and the earl of March, his eldeft fon, together with the earls
of Salifbury and Warwick, made their efcape to Calais.
*yBMKp.$i6. Although the court of England, during the fummer of this year, had main-
tained the afcendant over the Yorkifts > yet, aware of the ftorm that was gather-
ing, they ftill took care to cultivate the friendfhip of the king of Scotland-
Nor was this prince averfe to pacific meafures. Commifiloners were named

Somerwell, Robert lord Maxwell, Alexander lord Montgomery, Andrew lord of Annandale, Patrick
lord Hales, Andrew lord Gray, Alexander fheriff of Angus, Archibald fheriff of Roxburgh, Alex-
ander Home, Walter Scot, Simon Glendinning, Robert Crighton Iheriff of Nithfdale, William
Cranfton, David Home, knights, Thomas Cranlton of that ilk, James Rutherford, ditto, John
Johnlton, ditto, Andrew Ker of Cefsford, George Ormfton of that ilk, Charles Murray of Kok-
pool, William Karlifle of Torthorwald, Efq. Jn all thefe treaties, the wardens of the marches on
tach fide, and admirals of the feas, are, without particular mention of their names, added to the
liil of confervators.

I The king of Scotland gives as his reafon, for confenting to this prorogation, his earneft defire
of preferving the peace of his (ubjef.s, and of keeping the fame with all Chriftians, and his regard to
the admonitions of Pope Calixtus, exhorting all Chrillian princes to peace among themfelves, in
Dider to the defence of the catholic faith againlt the Turks,.

ENGL AND AND SCOTL AND. 421

by each kins; in the month of July, to meet at Newcaftle, in order to treat of James ir.
mutual redrtfs of wrongs committed againft the truce; and at that place was ^J, c ° an ',

alio concluded, on the 12th of September, a prolongation of it for five years 1459.
beyond the period laft agreed to •, which extended it to July in the year
1468 *. The terms of this truce were altogether the fame as that of the pre-
ceding i but it was not accompanied with any of the proteftations annexed to
the treaties of this kind that had been concluded lince 1449 f.

The flight of York and his allies, wich the total diffipation of their adhe-
rents and followers, made the queen and court of Henry imagine, for a while,
that all was fecure on their fide. They proceeded therefore, in a parliament Nov. 20.
fcon after called at Coventry, to declare the infurgents rebels and traitors,
and to confifcate their eitates. But the intereft of York, and that of the earl's
allies, was fo ftrong in many parts of the nation, and the queen and her
favourites fo generally hated, that thofe feverities ferved much more to lharpen
the zeal and refentment of the Yorkifts, than to diminifh their ftrength. War-
wick, after having made a voyage from Calais to Ireland, in order to concert
matters with the duke of York, pafTed over, accompanied with March and A. D. 1460.
Salisbury, into Kent ; where the fmall body they had tranfported from Calais
foon increafed to a confiderable army, by the great conflux from all the neigh-
bouring countries. They were received with open arms by the citizens of
London, on the 2d of July ; and proceeding thence to Northampton, fought,
and gained a battle, wherein the king fell into their hands ; and from which
the queen and her fon, the young prince of Wales, made their efcape, firft July 10.
into North Wales, and afterwards into Scotland ;£.

It is more than probable, that the king of Scotland had been folicited by
each of the contending parties, to engage on their fide. But that an amicable
intercourfe fubfifted between the courts of England and Scotland, a very (hort Rjm.ib.p.^sji
time before the defcent from Calais, feems probable from a fafe-conduct
granted at Coventry, on the 2d of June, to commiffioners from the Scottifh
king, who were to come to York, Newcaftle, or Durham, in order to treat of
matters relating to the prefervation of the truce, and the red refs of wrongs
committed, in breach of it, by the fubjedts of either nation. The diforders that
immediately followed, did, undoubtedly, prevent this intended congrefs of
commiflioners ; and of thefe diforders, the king of Scotland delayed not to
take advantage, in order to recover the places which the Englifh had long

• The commiffioners who negotiated this truce were, on the part of England, Laurence bifhop of
Durham, keeper of the privy leal, John vifcount Beaumont, great chamberlain of England, Richard
Andrew, dean of Yurk, and John Lilliford, dean of Aukland ; on the part of Scotland, Thomas
bifhop of Aberdeen, councilor to the king, Archibald and Andrew abbots of Holyrood-houfe, and
of Melros, William lord Borthwick, Sir Robert Livinglton of Drumcoy, and Mr. Nicholas Otter-
burn, clerk of the rolls and regifter.

-f- Perhaps they are omitted by Rymer. In the lift of Englifh confervators, among the noblemen,
Thomas lord Stanley is omitted, and John earl of Shrewfbury (fon of the famous Talbot) is added;
inflead of Thomas, is John lord Clifford ; the knights and gentlemen are Thomas Neville, Ralph,
Gray, James Strangeways, Henry Fenwick, Robert Ogle, Thomas Harington, Thomas Lumley,
Richard Mufgrave, John Heron, Thomas dt la More, Robert Manners. The Scots confervators
are all the fame as in the preceding treaty.

J Some fay into the bilhoprick of Durham. Rapin, vol. L p. 584.

held

4ts THE BORDER- HISTORY OF

Henry vi. 1\ e ld within the ancient boundaries of his kingdom. Having fpeedily raifed an

K or England, . ,,. ■ t ,. i ■ ■ „ . .- n rrii 11

v fi __j army, he led it agamic Roxburgh f. At the hrlt alLult he took the town,

A. d. 1460. and levelled it to the ground. He then laid a regular fiege to the caftle-, but
carried it on (lowly, hoping that the little proi peel: the garrifon had of relief
from their countrymen, would difpofe them to capit late ; and alio waiting for
the arrival of more forces from the dillant parts of his k.ngdom. The earl of
Rofs, in order to compenfate for pad offences, by a difplay of zeal in the pre-
sent fervice, brought a numerous band from the Wellern Highlands and Ides.
About the fame time arrived the earl of Huntley, with his followers. The
JKjf- 57 *' king, as a mark of friendfhip to the earl, to whom he had owed lb much for
Speed. ' his fervice in the rebellion of Douglas, conducted him to the trenches to fee a

difcharge of his artillery •, one of which, called the Lion, was remarkable for
its vaft fize. The king was very fond of thefe engines of death ; and flood
fo nigh to one of them, which burft in difcharging, that a fplinter, or wedge
Av s- 1- of it, broke his thigh-bone, and inftantly ftruck him dead. The earl of An-
gus, who flood near him, was fore wounded. The queen, with her eldeft fon,
a boy about feven years of age, was in the camp at the time of this milerable
accident, or arrived foon after it. She fuflained the lofs with heroic firmnefs,
and urged the Scottifh chieftains to ceafe their unavailing lamentations, and to
tellify the regard they bore to their fovereign, by pufhing on with unabated
vigour, the enterprife in which he had fallen. Her example, and exhortations,
had a great effecl in exciting the befiegers to exert their utmofl efforts -, and
the garrifon foon finding themfelves reduced to extremities, furrendered the
fortrefs, on obtaining leave to retire with their perfons and goods in fafety.
And that the place, which the Englifh had held for more than a hundred years,
might thenceforth ceafe to be a center of rapine and violence, or a caufe of
future ftrife between the nations, the vi&ors reduced it to a heap of ruins.
The Scottifh nobles feizing alfo the opportunity of their being affembled in the
royal army, performed at Kelfo, the ceremony of confecrating and crowning
the young king ; and afterwards paid their homage, -and fwore fealty to him
in the ufual manner.

+ Mod of the Englifh writers fay, that the king of Scotland undertook this expedition at the fe-
licitations of the court of Henry; afcribing the fuccefs of thefe felicitations to the relation of the
Scottifh king, by his mother, to the houfe of Lancafter, and to the defire of James to revenge the
death of his uncle the duke of Somerfet, wiio was flain in the firft battle of St. Alban's. Some of
themalfo fay, that the caftle of Roxburgh was in the keeping of Henry's enemies (Speed, p. 670).
The greatelt part of Scotch writers, on the other hand, afiert, that the king entered England at the
defire of the Yorkifts; that a feigned embaffy from the Pope, fuborned by Henry's ministers, pre-
vailed with him at firff todifmifs his army ; that, on dilcovering the impofture, he raifed it anew ;
farther, that the duke of York engaged him to undertake this expedition, by an offer of restoring
the lands and fortreffes in England held of old by the Scots ; and that the duke, after having fecured
his own pretenfions, by the vidory at Northampton, fent a melTage to the king of Scodand, while
before Roxburgh, defiring him to return to his own dominions, his aid being no longer neceffary ;
which requeft that monarch rejefled with difdain. The latter circumllances of this account do noc
agree with the chronology of the events of thofb times. The other account feems, on the whole,
Eiore probable ; though perhaps Drummond's conjecture is more likely than either ; that the king
of Scotland, leaving to poflerity to divine what fide he had refolved to join, feized the opportunity of
the diitra&ions in England to recover Berwick and Roxburgh ; which had been torn from Scotland,
during contefts for the crown of that nation, refemblicg thofe that had now arifen in England.
Drummond, p. 35. fol,

Henry,

ENGLAND AND SCOTLAND.

Henry, who, fince the battle of Northampton, remained wholly in the
power of the earls of Salifbury and Warwick, gave a com million, bearing date
nine days after the death of the Scottifh king, to the former of thefc earls, to
raife the fighting men of feven of the northern counties *, and to march at their
head, to oppole the invafion of James king of Scotland ; and particularly to
refcue the caitle of Roxburgh, and town of Berwick, from the iieges, which,
according to very credible information, the Scots had laid to both. It is pro-
bable, from this authority, that the Scots had made a lhow of befieging Ber-
wick, or perhaps blockaded it for lb me time. But it does not appear that any
progrels was made in that enterprife. The Scottifh army, however, conti-
nued for fome time gathering booty to themfelves, by hoftilities on the Englilh.
marches-, where they laid wafte the country to a confiderable extent, and
deltroyed feveral caftles. The mod remarkable of thefe was the caltle of Wark;
which, in this inroad, they took and demolifhed. An early winter, more than
any oppofition they had to fear from England, in its prefent convulfed ltate,.
haitened their return to their own country.

Richard duke of York, returning from Ireland, on the news of the fuccefs
of his friends in England, laid open claim to the crown, at a parliament held
at Weftminfter in Qdtober. By this parliament he was declared rightful heir ;
but it was ordained, that Henry mould hold the crown during the remainder
of his life ; and that, while Henry lived, York mould be protector of the
kingdom. But the queen, inftead of approving of this lettlement, or obeying
a fummons that was lent to her to return to the court, with her fon, in order
to their giving their concurrence to it; exerted all her efforts to raife an army
in the northern counties, where the barons were, for the mod part, orr her
fide. The duke of York marched haftily againft her; and difdaining to be-
braved by a woman, had the temerity to encounter her army, although more
than three times ftronger than his own, in the neighbourhood of Wakefield.
He himfclf fell in the field of battle. His fecond fon Rutland was killed by.
the lord Clifford in his flight; and Salifbury being taken prifoner, was be-
headed at Pomfret. This heavy lofs did not difcourage the earl of March,
York's eldeft fon, a youth at that time about eighteen years old. He had
been fent by his father to raife forces on the borders of Wales. With thefe,
foon after the battle of Wakefield, he gave a defeat, at Mortimer's Crofs,
near Ludlow, to an army of Welfh and Irifh, who were on their way to join
the queen. This victory put him in condition to give a timely fupport to the
earl of Warwick, who had been defeated by the queen in the fecond battle of
St. Albans •, her regaining the pofleffion of Henry, by this victory, gave her a
new acceffion of ftrength. Her army confifted, in great part, of the inhabi-
tants of the northern marches-, who had been allured to follow her, by the
promtie of licence to plunder the country on the fouth of Trent. Accord-
ingly, giving a loofe to their domeftic habits of rapine and cruelty, they
fpread defolation all around them ; and thereby greatly hurt the caule they

4-23

James I If.
K. of Scotland.

■— -*-. -/
1460.
Rjm. it. 461,

Buchanan*

Dec.

3-o

A. D. 1461,

Feb. I.

Feb.

17.

• Thefe were, York, Nottingham, Derby, Cumberland, Weftmoreland, Northumberland, and
Lincolalhire.

were

424

THE BORDER- HISTORY OF

Henry VI.
K. of England.
V. (

1461.

Edward IV.

K. of England.

March 4.

March 29,

Rot. pari.
1 Edw. IV. ap.
Car e, vol. ii.
p. 76X.
Stowe, p. 416.

were employed to ferve. London fhewing an unfurmountable averfion ro the
queen, and horror of her followers, and the young duke of York and War-
wick approaching faft towards her, fhe thought proper to retire to the north,
allowing her adverfaries an undifturbed entrance into the capital. The intereft
which the deceafed duke had long poffeiTed in the affections of the citizens, joined
to his fon's prowefs and extraordinary comelinels of perfon, made his way very
eafy to the throne; which he mounted with the univerfal applaule of the city
and army. But the fpirit of the queen was invincible; and Henry hid ftill a
great party attached to him in the northern parts of the kingdom. The forces
railed in thefe provinces, together with fome drawn from the marches of
Scotland, are faid to have amounted to no fewer than fixty thoufand.
Edward and Warwick, at the head of forces confiderably inferior in number,
marched againft this northern army, and having encountered them, between
Saxton and Towton *, after a mod tedious and bloody conflict, gave them a
total defeat ; which did at laft decide the quarrel in favour of the houfe of
York. Befides many other men of renown, the great northern earls -f of
Northumberland and Weftmoreland fell in this field of blood. Henry and
his queen waited the event of the battle at York ; and as foon as they learned
it, fled with the utmoft precipitation into Scotland, accompanied by the
dukes of Somerfet and Exeter, and others of their friends.

The regency of Scotland had been intrufted, during the minority of
James III. by the parliament, to a council of lords and prelates ; amongft
whom, to the unfpeakable benefit of his country, James Kennedy, bifhop of
St. Andrews, a man mature in years and wiidom, maintained the afcendant,
while he lived. The queen-mother, who is faid to have afpired to the
regency in her own perfon, was obliged to content herfelf with the guardian-
ihip of the king and her other children. The Scottifh regency gave a hofpi-
table reception to the royal fugitives from England. To this they might be
in part inclined, by the connexion of blood between their fovereign and the
houfe of Lancafter, and by the intereft that Henry had in thofe counties of
England that bordered on Scotland. But farther to attach to his interefts the
court and nation of Scotland, Henry gave up the town andcaftleof Berwick;
which the Englifh had held, without any confiderable interruption, for the
fpace of one hundred and twenty-eight years. This Frrender was made to the
Scots on the 25th of April ; and the young king of Scotland made a vifit to
his new acquifition, on the 15th of the following June. Another circumftance
favoured the intereft of the unfortunate Henry at the Scottifh court : Mar-
garet of Anjou the exiled queen, and Mary of Gueldre the queen-dowager of
Scotland, were both of the royal blood of France; and they very much
refembled each other in their bold and mafculine tempers. Hence a ftridl
friendfhip foon arofe between them ; the confequence whereof was, the project
of a marriage between Edward the eldeft fon of Henry, and Mary eldeft fifter
to James of Scotland ; to which the court of Scotland, and followers of Henty,
readily gave their content.

* About ten miles fouth from York.
2

•J- Henry Percy and John Neville. •

Edward

ENGLAND AND SCOTLAND. 425

Edward king of England, after his great victory at Towton, marched J*m««ni.
northward as far as Newcastle; but although feveral caftles in Northumberland K,t " s ' 0l ' Jnd /,
continued in the hands of his enemies, he did not think the reducing them 146!.
of fo much moment as to detain him in the north. He committed to the carl Rym ' • b ' 4 " s *
of Warwick the charge of the borders, with the title of warden and commifiary-
general of the marches of England towards Scotland, in the parts both of the
eaft and weft march, and of the king's dominion of Scotland ; and left in the
north a body of troops to oppofe the excurfions from the fortrefies that were
poffeffed by the friends of Henry. He alfo empowered Warwick, to treat Aujufl ,_
and conclude truces, from time to time, with the king of Scotland ; and that
the court of Scotland, notwithstanding the reception they had given to Henry,
did not utterly renounce friendly communication with Edward, appears from
a fafe-conduct granted by the latter to feveral Scotchmen of the firft rank Sept. **,
coming as ambafiadors into England. The charge of the eaft-marches, and Ib " p * y6 '
the Englifh king's dominion in Scotland, being foon after devolved on Sir Nov. s .
Robert Ogle, this new warden was authoriled to conclude a truce with Scot- lbp - 4 "-
land, for a year, or any lefs fpace, after the enfuing term of Martinmas-, from
which it feems probable, that a fhort truce, already fubfifting, was at that time
to expire. Edward, however, knowing how deeply the Scottifh court were en-
gaged in the interefts of Henry, was taking care, in the mean time, to find them
work at home, by carrying on a treaty with the lord of the ifles •, who became
his liegeman, on condition of certain annual penfions to himfelf and friends, ib. P . 4 ? 4 ,
and of his receiving and holding, of the crown of England, the northern
provinces of Scotland, when that kingdom fhould be conquered from its pre-
fent fovereign. The exiled earl of Douglas was employed in negociating this
treaty with his old friends ; and, befides his penfion being continued, that
had been fettled on him in the preceding reign, it was an article in the treaty
with the lord of the ifles, that, on the event of a conqueft being made of
Scotland, by the king of England and his allies, Douglas fhould be reftored
to his lands on the fouth of the Scottifh fea, holding them of the crown of
England. The king of England alio engaged, that each of thefe chieftains,
or their dependents and followers, fhould be comprehended in any truce that ib. p. 49*4
might be concluded between him and the king of Scotland.

Mean while Henry's queen had pafled over into France, to folicit affiftance
from Louis XI. who had lately fucceeded his father Charles VII. But the
circumftances of the queen were too defperate, and the character of Louis too
interefted, for her obtaining any effectual fuccour from that quarter. She was
allowed however to levy a fmall number of troops; and Peter cte Breze, a
commander of fame, who having incurred the king's difpleafure was at that
time in prifon, was reftored to liberty, on condition of his entering into the
fervice of Rene king of Sicily, the father of the exiled queen, and conducting
the troops railed for her fervice into England. Breze, after a hard pafiage, a. d. r 4 6i.
landed on the coaft of Northumberland with about five hundred men
at arms. He was foon after befieged in the caftle of Alnwick, by the lord
Hidings, Sir Ralph Gray, and Sir John Howard. This fiege afforded an

I i i opportu-

426 THE BORDER- HISTORY OF

Edward iv. opportunity to George Douglas, earl of Angus, to exert himfelf in the fervice
K^ut Engan ^ ^ ^ ex i] ec } king and queen ; who had taken care to attach him to their
1462. _ interefts, by a large grant of lands in England. Angus, who was warden of
^ b " s c 6 vol# "• the Scottifh marches, collecting a numerous body of horfe, advanced with
Buchana them very fuddenly into the neighbourhood of Alnwick; and Breze bravely

feconded the effort made to fave him, by iallying out with his Frenchmen ;
who, meeting with no oppofuion from the befiegers, were conveyed by Angus,
a. d. 1463. in fafety, into Scotland £. Margaret finding that the luccours which had
come from France were too inconfiderable to encourage the Northumbrians to
cedr"™. cf-u, join her, failed over again, in the ipring of the following year, into that
voi.ii. p. 766. country, from the welt of Scotland. Having obtained the loan of a fmall
fum, and a fupply of two thoufand men from the French king, on condition
of delivering up Calais, as foon as that mould be in her power, me fet fail
for the northern coaft of England, and landed in October near Bamburgh.
Carte, vol. ii. Still the country did not take arms in her favour; but either, through the
treachery of Sir Ralph Gray, who was made governor of the caftle of Alnwick,
after the French had left it in the preceding fummer, or on account of
fcarcity of provifions, that fortrefs foon fell into her hands. Hearing
3towe, p. 41-. however of Edward's approach*, with a numerous army, (lie found it necef-
fary again to feek refuge in Scotland. For this purpofe fhe went on board the
fleet that had brought her from France; and her general, Breze f, accom-
panied her with fome part of his forces. But a violent tempeft fuddenly
arifing, the queen, not without great danger, efcaped into the port of Ber-
wick ; and Breze being driven afhore at Holy Ifland, his fhips were burnt,
and four or five hundred of his men were either made prifoners or killed, by
the baftard Ogle and John Manors : Breze himfelf efcaped fti a fifher-boat,
which conveyed him to the queen at Berwick. Edward, on arriving in Nor-
thumberland, finding no enemy in the field, laid fiege, at^once, to the three
caftles of Alnwick, Bamburgh, and Dunllanburgh §. Bamburgh was furren-
dered on Chriftmas eve ; and the duke of Somerfet and Sir Ralph Percy, who
£«(«• had held it out for Henry, were pardoned and received into favour, while the

%, Carte fays, that this undifturbed retreat of the [French* was in confequence of an agreement
between the befiegers and the Scotch army. Carte, vol. ii. p. 766. The caftle was entered by
Edward's men 30th July. Carte, ibid.

* EJward fet out from London en November 30, St. Andrew's day. Stowe, p. 417.

+ Urcze's fon, together with the lord Hunoerfcrd, we're intruded with the keeping of the caftle
of Alnwick, with a garrifon of three hundred men. The duke of Someifet, the earl cf Pembroke,,
the lord Roos, and Sir Ralph Percy, had the keeping of the caftle cf Bamburgh,. with a garrifon
of three hundred men. Some others of lefs note kept the caftle of Dunllanburgh, with one
irandr 1 arid twenty men. Stowe, p. 417.

^ I he caftle of A'lnwfck was befieged by the eirl of Warwick, the earl of Kent, the lord Powis,
the birou cM Grayftocjc, the lord Cromwell, and ten thoufand men. The caftle of B;imburgh, by
the earl I : efter, the earj * f Arundel, .the lord Ogle, the lord Mountague, and one thoufand

(as it i printid in Stowe ; probably it fhotild be ten thoufand) men. At the fiege of Dunfianbiirgh
(« lereih were S r Richard Funnal, Thomas Findern, Dr. Morton, and others, with one hundred-
and Me tv men) were, the lord Wenlock, the lord Hailing:-, and two other lords, with ten thou-
fand (to printed in Stowe, perhaps it fliould be only one thoufand) men*

. earl

ENGLAND AND SCOTLAND. 427

earl of Pembroke and lord Roos made their efcape, or were fuffl-red to retire Juaeiin.

into Scotland. Dunitanburgh was yielded three days after •, and Alnwick, whj( h

was befieged by the earl of Warwick, was taken on the 6th of January, the 14(3.

French general Breze, at the head of fome of his own countrymen and a con-

fiderable army of Scots, having attempted in vain to relieve it*. In the A.D.14S4..

following fpring queen Margaret (till renewed her efforts; but they were the c " !te ' p ' " U7 *

lad: (lie made from that quarter. The government of Scotland had, in effect,

abandoned her, by a truce concluded with Edward in the preceding Decern- Rym. voi.rf,

ber-, but the intereft Hie had cultivated with fome of the Scottifh chieftains, ?• s 10 '

and the hopes of booty, infpired by the licence (he gave of plundering,

enabled her again to enter Northumberland -f, at the head of a very numerous

army. Sir Ralph Gray furprifed the caftle of Hamburgh ; which, as well as

that of Alnwick, was in the keeping of Sir John Aftley ; and having gar-

fifbned it with Scotchmen, held it for the queen. The duke of Somerfet and

Sir Ralph Percy, animated by the accounts they received of -her numbers and

fuccefTes, deferred Edward, and joined her, with their followers. Edward,

alarmed by thefe commotions, ordered a fleet to the northern coaft ; and

marched himfelf to York, accompanied by his chief nobility and a large army.

But the ftorm was foon quafhed by the vigilance and bravery of Sir John Rym. vol.xf.

Neville lord Montacute, brother of the earl of Warwick, whom Edward had, P ' 5C0 "

in the preceding fummer, appointed warden of the eaftern march, and of his

dominion in Scotland J, and to whom he now fent a reinforcement of good

troops from the interior parts of his kingdom. A party of Henry's forces Hal , f , 0i

were defeated by Neville at Hedgely-moor, where Sir Ralph Percy, deferred April 35.

by his companions in command, fell fighting bravely in the field of battle §.

And, three weeks after, Neville, having attacked the principal invading army

in their camp at Liyels, near Hexham, totally defeated and dilperfed them.

The queen and heffon, with the utmoft difficulty, and, as it is related, by the M *y »*>

aid of a generous robber, having gained the fea-coait, pafTed over to Sluys in

Flanders-, while the poor king was conveyed by fome of his friends into

Lancafhire; where, after lurking more than a twelvemonth, he was difcovered,

and carried prifoner to the Tower of London. The lord Montacute, twelve

days after the battle of Hexham, was, in reward of his great fervices, created

* The account given by Stowe of this expedition of Breze, has a great refemblance to that
which the Scotch hiftorians afcribe to the earl of Angus, as above related, in 1462. The
chronology of thefe events is very much embarraffed by the inconfillent accounts of hiftorians.

f Upon entering Northumbeilana, in this expedition, the queen left her fon prince Edward
at Berwick j but ihe mult have ioon afterwards fent for him, as he was with her at the battle
of Hexham.

X By his dominion in Scotland is probably meant, Berwick, with its bounds, and the caftle of
Roxburgh, \vh ch after fo long poffefiion it was natural for the king of England ftill to claim.

§ Sir Ralph Percy, abandon d by the lords Hungerford and Rofs, his companions in command, „ ,. ....
fell fighting bravely in the field of baule; feveral of his faithful attendants fharing in his fate. ai '
Percy, when dying, faid, that he had favid the bird in his bofom ; meaning, that he had kept his
promife and oath to Henry VI. Jn memory of his fall was eredted, on the field of battle, the
crofs which ftill Hands at a imall dillance from the high-road, between Glantown and Woollcr,
called Percy's Crofs ; and bearing rude fculptures on its four fides of the armorial enfigns of the
Percy family.

I i i 2 earl

42 8 THE BORDER-HISTORY OF

Edward iv. earl of Northumberland f ; and received a grant of the eftate of the forfeited
,J_° _ "! a "_l family of Percy. He was alfo empowered, in conjunction with the earl of
1464. Warwick, to receive rebels to mercy upon their fubmiflion. Sir Humphrey

p/**7. V "* l " Neville and Sir Ralph Gray were the only peribns excepted from this privi-
lege; and Warwick and Northumberland were empowered to reward, out of
the eftates of thefe rebels, fuch as fhould faithfully ferve the king in reducing
the caftles of Northumberland, that were ftill in the hands of traitors. Sir
Humphrey Neville, being afterwards taken, was executed at York; and
Sir Ralph Gray, knowing that his cafe was defperate, defended the caftle of
Bamburgh until the end of July. This caftle was befieged by the two earls ;
and a tower of it being beaten down by their cannon, fo crufhed and ftunned the
governor in its fall, that he was taken up for dead, and the garrifon inftantly
furrendered the fortrefs : but, having recovered, lie was carried prifoner to.
York; and judgment being pronounced againft him, by the earl of Worcef-
Suwe, 4jS. ter high conftable of England, he was executed as a traitor*. Warwick
advancing from Bamburgh to Berwick took the town J, and laid wafte the
adjacent country. He is alfo laid to have burnt Jedburgh, Lochmaban, and
many other places ; taking in this manner revenge of the Scotch borderers,
who, it is probable, were chiefly concerned in the late inroad into Eng-
land §.

Whatever aid Henry might have obtained in his two laft incurfions from the
unruly borderers, or fome particular chieftains, who could not be furhciently
reftrained by the Scottilh regency, it is certain, that the regents themfelves

f So fays Carle, from Pat. 4. Edw. IV. p. 1. m. 10. But he is called earl of Northumberland.
in a joint commiflion with the e.irl of Warwick, and the bifhop of Exeter, his brothers, and others,
to regociate a truce with Scotch commiffioners, dated at York, 26th May.

* Carte fays, that, before his execution, he was degraded from the order of knighthood. The
contrary appears from Stowe. Every thing was ready for this degradation^ and particularly the
mafter cook with his apron and knife, to ibikeoffthe ipurs clofe by the heels; but this part of his.
punilhment was remitted by the king, on confideration of bis noble grandfather, iubo fuffered trouble
for the king s moft noble predecefjirs. Stowe, p, 418. who gives the very words of the high con-
ftable's fentence.

X Warwick's taking of Berwick is probably a miftake, as no other hiftorian mentions it. If he
did take it, upon his return to the fouth, it is probable he abandoned the town as not tenable, and
the Scots from the caftle (which Stowe does not mention as taken by Warwick) immediately re-
fumed poffeffion of it.

§ Stowe fays, that Warwick, after the expedition, in which he thus laid wafte the Scottilh borders,.

returned to Berwick (p. 417). This circumftance, joined to that of a long truce being concluded

between the kingdoms, on the firft of June 1464, and to an appointment of Warwick and othersy.

dated nth June, to hold a march-meeting at Lochmaban-Ilane, for mutual reparation of injuries,

(Rymer, vol. xi. p. 527.) makts it appear very improbable that the taking of B;rwick (if true)

anil inroad on the boiders of Scotland, fhould have happened this fummer. Stowe feems to place

it in the fummer of the preceding year ; and fays, that Warwick, after taking Berwick, made in it

Jive bannerets and twenty-two knights. He alfo fays, that, about midfummer in the fame year,

. the Scots, accompanied by many French and Englifh, laid fiege to the caftle of Norham ; but

^ , . were not able to take it. It appears from a commiflion to Warwick, in fummer 1463, (June 2.)

_ '^ ' to array the able-bodied men or Weftmoreland ; that there was at that time an alarm of Henry's

being ready to invade England with Frenchmen and other adveifaries: and though the queen came

not over till Oftob r, it feems not improbable that her friends in Scotland, together with the

Etiglifh refugees, attempted fomething in the courfe of that fummer.

were.-

ENGLAND AND SCOTLAND. 429

were no longer difpofed to give fhelter or fupport to that unhappy prince ; ^"i* JJ 1 '.

they knew that France was not to give him any effectual fuccour, and without *_ — N »'

this, all that they could do, in conjunction with his broken and dil'mayed party 1464.
in England, could be of little avail to reftore him. This fituation or affairs
had produced a truce in the preceding month of December, which was to
continue from the 16th of that month by land, and the firft of February by
fea, until the laft day of October next enfuing. By this truce, the kings of Abere. vol. iii
each nation were mutually obliged to give no protection to rebels or traitors sc.'RceifUr. 01 ™
againft the other, nor to grant fafe conducts to any fuch, after the expiration
of thofe already given j and this article was extended in particular to Henry
late king of England, Margaret his wife, Edward his fon, and thofe noble-
men and others of their party who had been refugees in Scotland. It was
farther agreed, that the benefit of the truce fhould be enjoyed by the earl of
Douglas j, as having become the liegeman of the king of England-, and that
other Scotchmen who had, or ihould, become liegemen to that monarch,
fhould alfo be comprehended in it; and to put matters in this refpect on an
equal footing between the kings, it was farther agreed, that, if Henry, his
wife, and fon, or any of their adherents, fhould become the liegemen of the
Scottifh king, the benefit of the truce fhould alio extend to them. One prin- Rym.ib.p. 510,
cipal view of this fhort truce, as is declared in Edward's ratification of it,
being to give opportunity to treat of a longer one, or of a lafling peace
between the nations, a meeting of plenipotentiaries from both kings was held
at York, in May, and a treaty concluded, on the firft of June, by which a m^ 1 ' "' 5 \ L '
truce was agreed for fifteen years, to be reckoned from the laft day of Octo-
ber, on which the fhort truce at prefent fubfifting was to expire. By this
treaty the two kings engaged, as before, to give no protection to the rebels or
traitors of each other. Htnry, in particular, his queen, fon, and their ad-
herents, were no longer to have aid of any kind from the king of Scotland or
his fubjects, or farther fhelter in that kingdom, after the expiration of the
fafe conducts which then fubfifted, and which were not to be renewed. It was-
not to he imagined, that Henry, his wife, or fon, were to purchafe the pro-
tection of the Scottifh king, by becoming his lieges ; nor does it appear that
any of their adherents had this recourfe. If they had, they would, no doubt, ib. p. 43.
have been comprehended in this truce •, as were the earl of Douglas and other
Scotchmen, who, before the date of it, had become the liege-men of the
king of England. But, in order to prevent, for the future, the obvious in- lb. p. 3^
conveniences and mifchiefs of the fubjects of one kingdom transferring their
alleg ance to the iovereign of the other, it was agreed in this treaty, that
neither of the kings, during the truce now concluded, fhould receive into his
allegiance any of the fubjects of the other; and if, betwixt the date of the
prefent treaty, and the beginning of the new truce, either king fhould receive
to his obedience any of the other's fubjects *, he fhould fignify to his neigh-

% Edward, about this time, (December 8.) granted to the earl of Douglas, as a reward for paft-
and future fervices, the keeping of the caftle or Craigfergus in Ireland, Rymer, vol. xi. p. 510.
* Ab was allowed by the truce concluded in December,

bour

430

Edward IV.
K. of England.

1464.
See above p. 409,

Richo'fon's LL,
Maich. p. 39.

THE BORDER-HISTORY OF

lb. p. ig.

See above in
p 410, 411.
Above p. 40J.
411.

bour prince their names, before the 10th of November next enfuing. In
the general articles of this treaty, there is no confider.ble variation from thofe
concluded iince the year 144.9 inclufive. The article, appointing two letters
of fafe-conduct to be lodged on the marches, by virtue whereof fubjefts of
either kingdom had liberty to enter the other, in order to profecute redrefs
of their wrongs, is here omitted : But to the article wherein it is agreed, that
cotmfellors of each king fhould be lent to the borders, on a defect of juftice
from the wardens or other officers, it is fubjoined, that it fhould be lawful
for any perfon who had, in violation of the truce, been fpoiled, plundered, "or
injured, to puriue for redrefs before any competent judges *, in any' of the
kingdoms, wherever they thought proper, and that full juftice fhould be done
them. How the plaintiffs were to be furnifhed with fafe- conducts, in order
to their parting from the one kingdom to the other is not here faid ; but there
are two new regulations in this treaty, with regard to fate- conducts in general.
The firft appoints a provilo to be inferted in all future fafe-conducts f ;
That the perion afking or obtaining it, be not a traitor or rebel againft his
prince; the other, that in any one fafe-conducl: to be thereafter granted by
either of the kings, no more than three be included ^. The articles relating
to fea affairs in the treaty of 1449, and thole fubfequent to it are all preferved
in this ; only the three fir ft of thefe articles are expreffed more concifely.
They are alio preceded by a fhoi t article, the fubftance whereof feems fcarce to
differ from what is contained in the article which ftands laft but one, in the
treaties abovememioned, as well as in the prefent. It bears, that if mariners,
on the one or other fide, fhould, by hard weather, or other unavoidable caufe,
fuffer fhipwieck •, provided any human creature remained alive, the goods and
fhip § fhould not be taken from the proprietors, but fhould be referved for
thofe who were before the matters and proprietors. Another article of a
general nature is added in this treaty, with refpect to the confederates of the
contracting powers; wherein ic is agreed, that thofe fhould not be under-
ftood to be comprehended in the prefent truce, on the one or the other fide,
who had concluded a truce with either prince, without comprehending in it
the other ||.

This

* Spolium futim rapinam feu injuriam profequi coram quiinfeunque judic'ibus in aliquo praditlorum
regnorum in eu parte competentibus.

Who thefe ct mptttni judges are, is not declared here, 2s in the treaties of 145 1, and thofe that
follow ir, until the prefent. This addition is alfo in the treat)' of 1 4S4.

f This provifo is alfo appointed by the truce of September 21, 1434.

\ Agreeably to thefe regulations, a fafe-conduft was granted on the 9th of November enfuing,
for a year, to William D u^las warden of the call and middle marches of Scotland, Mr. Hugh
Dowe, and Sir Alexander Napier, wish forty in company ; theprovifo being added, that none of
the three, or any of their company, were iraitors or rebels againft .the king of England. The
William Douglas here mentioned, is probably the fame with William Douglas of Dougla:»cIeue,
who is oie in the lift of confervators of the truce on the lide of Scotland.

§ The Jhip ufelf feems to be here more dillinclly exprefled, than in the other article relating to
fhu wrecks.

|| There is an article in the end of this treaty which declares, that the truce fhould not be al-
together general ; particularly, that it Ihculd not extend to the dominion of Lorn in Scotland, or

ENGLAND AND SCOTLAND. v 4il

This truce was followed by a friendly intercourfe between Edward and the
Scottifh regency ; in the cpurfe whereof, propofals were made, and endeavours ^* '

ufcd, to eftabliih a firmer union between the nations, by converting the truce A . dTTT^
into a peace and confederacy, and by agreeing a marriage between the young p
king of Scotland and feme lady of the Hnglilh court. 1 hefe overtures iflTued ; V ,\\-1 , '-'-,
in a prolongation of the truce, to a far more diftant term than ad hitherto 54
been thought of, in the long feries of treaty of this kind between the nations,
fince the beginning of the reign of Edward III. a term, indeed, much longer
than there wjs any probability of the moft ablolute treaty of Deace being
oblerved. This prorogation of the truce of 1464, was, in the end of the Ib- D ' e ' 7 1U
following year, concluded at Newcaftle, in a congreis held there between
plenipotentiaries from both kingdoms. Thefe commiiTioners confirmed the
truce in all its articles ; and in confideration of the many experienced advan-
tages that had already redounded from it to both nations, and of the profpect
of the increafe of fuch advantages from its longer continuance, extended it
forty years beyond the term before fixed for its expiration, that i;, to the laft
of October 1519. The remembrance of the great pofieffions fo long held by
the Englifh in France was yet recent •, which directed their views of conquefl
wholly on that fide ; and to the fuccefsful profecution of thefe views, there
was nothing more neceflary than to cultivate peace with Scotland. As to the
conduct of the Scots in this matter, fo contrary to the inhuman policy they
had lb long followed, it is probable, that much of the honour of it is due to
the wifdom and pacific temper of bilhop Kennedy, who maintained his
authority in public affairs until his death ; which happened in the beginning Mayio,.
of the fummer of the following year.

of Lur.dy in England, but that the dominion and Ifiands aforefaid, fhould be underftood to be no
ways comprehended in it. The fame in truce of 1404.

The pei Ions employed in negociating ih : s treaty were, on the part of Scotland, Andrew bilhop
of GlaigO'v, Colin earl of Argyle and lord Campbell, Archibald abbot of Holyrood-houfe of
Edinburgh, Mr. James Lindfay, piovoft of the coHegiate church of Lincluden, and Sir Alexander
Boyd of Drumcoll (brother of lord Boyd) ; on the part of England, George bifhop of Exeter,
chancellor of England, (brother to the earl of Warwick, and afterwards archbilhop of. York,)
Richard earl of Warwick andSarum, great chamberlain of England, and warden of the weft marches -
toward> Scotland, Ralph lord Grayftock, Sir William Haftings chamberlain to the king, Mr.
Thomas Kent do&ur of laws, Sir James Strangeways, and Sir Robert Conftable.

Tae havock of the civil wars in England produced a great difference in the lift of confervators
on thai fide, from what it was five years ago. The confervators of the prefent truce were, Richard
earl of Warwick and Sarum, John earl of Northumberland, Henry earl of Eftex, Ralph lord
GraWtock, Henry lord Fitzheugh, John lord Scrope of Bolton, William lord Haftings, Thomas
lord Lurrdey, Robert lord of Lomley, (ft) the copy in Nicholf n.) Robert lord Ogle, Henry
Nevule James Strangeways, Robert Conftable, John Comers, vVilliam Brice, Robert Caxton,
John Huddlellon, William Parr, Chriftopher Conyers, Roger Thornton, knights ; Geoffrey
Middleion elq. The Scotch lift, which varies alfo confiderably from the laft, is as follows, John
earl of Athol, David eatl of Crawford, Alexander earl of Huntly, Colm earl of Argyle, Robert
lord Maxwell, Will'am de Dou?la -deur, Gilbert lord Kennedy, James lord Livingl'on, James
lord Hamihon, l'homas lord Erfkuie, Alexander lord Montgomery, John lord Lindelay, Patrick
loid Hades, William lord Borthwick, Alexander Boyd of Drumcoll, Alexander Home of that ilk,
Walter Scott of K rkwood, knights ; Simon Glendonen of Perton, Thomas Cranfton of that ilk,
efo/s. (it is knights in Nicholfon's copy, but probably it is an error, for if knights, why feparate
Uvem from the three former i),

. The

432 THE BORDER- HISTORY 'OF

K E „"" n d fXd. ^' ie i m P ru dent marriage with Elizabeth Wideville, which king Edward
t___^___, had been hurried into by the violence of youthful paiTion, proved the fourcc
>4 5 5' of grear calamities to himfelf and hi people. Her father, brother, and the
1464.'* 3 °' reft of her relations and favourites, were, by her unbounded influence over
her hufband, railed from obfcurity to fplen lid titles, opulent poffeffions, and
the higheft offices in the ftate. The earl of Warwick, with his brothers John
earl of Northumberland and George archbifhop of York, to whofe great
power and faithful fervices Edward owed his crown, were offended by his
marriage, and much more with the exorbitant favours beftowed on the queen's
relations. Thefe latter again, did not bear their hidden profperity with
moderation ; and foon began openly to feek the depreffion of the Nevilles,
whofe popularity and power rendered them very formidable, even to thole
whom the king was moft difpofed to fupport. Warwick had the addrefs to
attach to his interefts, George duke of Clarence, the king's fecond brother ;
who was no lefs provoked than the earl, at the queen and her relations engroff-
ing all favour and intereft at court. Clarence having gone over to Calais, of
A 'h' 11 69 ' which Warwick was governour, was married there to Warwick's eldeft
daughter, notwithftanding the utmolt endeavours of the king to hinder the
match. This marriage was loon followed by an infurrection of the people of
Yorkfhire, on the pretence of freeing themfelves from certain oppreffions.
The head of the infurrection, in its beginning, was Robert Hillyard, com-
monly called Robin of Riddeidale, who, being feized in a fally he made from
York, by John .Neville earl of Northumberland, was immediately executed.
The city of York was faved by this fuccefs-, but the infurgents ftill keeping
together, and marching fouthwards, under the command of Sir Henry Neville,
lbn of lord Latimer, and Sir John Conyers, defeated near Banbury, an army
Tul 6. .fent againft them by the king, under the command of the earl of Pembroke.
This vi&ory proved fatal to Richard earl of Rivers the queen's father, who,
together with his lbn John, being feized by a party of the victorious army,
was executed at Northampton. Warwick and Clarence came over from
Calais, offering their feryice to the king to quafh this infurrecYion ; which was
■foon effected, by granting a general pardon to the rebels.

The Nevilles had great power and influence all over the kingdom, but they

were particularly formidable in the north. As Salifbury had fucceeded his

father Weftmoreland, fo the former was fucceeded by his fon Warwick, in the

wardenfhip of the weft marches •, and his brother John was raifed on the ruins

of the Percy family, to the fame dignity and power on the marches on the

other fide. John was at the fame time prefident of Yorkfhire, and the other

brother George being archbifhop of York, the three together were in effect

•Rym. vol. *\; ma ^ers of the moft warlike part of the kingdom. Soon after the Yorkfhire

p. 64?- infurre&ion was quafhed, the king began to pave the way for reducing their

power in the north, by receiving the fealty of Henry Percy, fon and heir of

Ofl.*7. Henry earl of Northumberland, who fell fighting on the fide of Henry VI.

at the battle of Towton. His fwearing fealty was immediately fucceeded by

his liberation from his imprifonment in the lower, which had continued from

the time of that battle. Soon after, the king was petitioned by the gentry

and

ENGLAND AND SCOTLAND.

43S

and commons of Northumberland, to reftore Percy to the eflate and honours Jw»«nr.
of his anceftors ; and this was done in the fpring of the following year, on ^■■ ols ''" hni ' r
the refignation of John Neville, who was promoted to the higher title of h^-
Marquis of Montague. Percy, along with the title and inheritance of his Ed"iv Sc \ *°
anceftors, received the wardenfhip of the eaft and middle marches *. Mon- cane, voi. ii.
tague would never have acquiefced in lofing fuch folid advantages for an empty p ' 78 °"
title of fuperior honour, had not the king employed other methods to gratify
his ambition, and to attach him to himfelf, in oppofition to his brodier War-
wick. He had not long before, declared his refolution to marry his eldeft
daughter, at that time apparent heir of the crown, to George the Marquis of
Montague's only fon, (and the heir male of all the three brothers ;) whom he
alfo advanced to the dignity of duke of Bedford.

This high honour conferred by the king on their family, feemed for a little

time to reconcile to him all the Nevilles ; but the pride and ambition of War-

- wick, irritated by the continual rivalfhipof the queen's relations and favourites,

foon gave birth to new hoftilities. In the courfe of thefe, the king having, A D - »47».
with his ufual fpirit and expedition, encountered and fubdued a body of rebels
in Lincolnlhire ; Clarence and Warwick, who had not been able to give them
a timely fupport, found themfelves obliged to abandon the kingdom, and after
being refuted admittance into Calais, to feek refuge at the court of France.
There the neceffity of Warwick's affairs forced him into a very unnatural
alliance with his old implacable enemy Margaret of Anjou, which was con-
cluded by the intervention of the French king. It was agreed, that her fon
Edward mould marry Ann, Warwick's younger daughter; that Henry mould
be reftored to the crown, and hold it for his life ; that his fon mould fucceed to
it, and in default of male-ifiue from him, it fhould defcend to Clarence and his
iflue. Thefe things being fettled, Warwick and his fon-in-law failed over to
England in September, and landed at Dartmouth. In three days, they faw
an army around them of fixty thoufand men, with which they advanced with
the utmoft expedition towards the king, who was at that time in Yorkfhire -J-.
Edward accompanied with a much inferior force, was endeavouring to regain
his capital, when he learned that Warwick was very near him at the head of a
mighty army, and that his brother the marquis of Montague was about to fall
upon him, on the rear, with a chofen body of fix thoufand men, which the -
king had confidered as a powerful reinforcement ready to join him. Montague
had declared to his men his intention of fupporting his brother againft the
king, and gave for a reafon of his conduct the king's depriving him of his
power and and pofleffions in Northumberland, for which he had received no
other compenfation than an empty title. Thefe circumftances made the
fituation of the king appear to himfelf and his friends fo defperate, that accom-
panied with a fmall body of light horfe, he abandoned his army, fled in the
night to Lynn, and there haftily embarking, failed over to Flanders, to feek

• Firft time that the middle marches are mentioned on the fide of England.

■J- He had marched northwards to fupprefs an infurreftion raifed by the lord Fitzheugh, who wa»
hulhand to one of Warwick's filters, and is faid on the king's approach to have fled into Scotland.
Carte, vol. ii. p. 784.

K k k Ihelter

4^4

THE BORDER-HISTORY OF

Edward iv. fhelter and aid from Charles duke of Burgundy, who a few years before had
k. of England. marr j e( } n j s f,^ er Margaret. This defertion of Edward, which happened
a. d. 1471. eleven days after Warwick's landing, threw the whole nation into the power of
the latter. Immediately Henry was reftored, and every thing was fettled
agreeably to the treaty concluded in France. But this fudden and amazing
flow of profperity had foon a fatal reverie. For Edward palling over from
Holland and landing in the mouth of the Humber in the month of March*,
though oppofed at firft, and obliged to fwear fidelity to Henry, before he
could be admitted into York ; found afterwards fo powerful a lupport, chiefly
from the connivance and fecret aid of his brother Clarence, and of the
marquis of Montague, and archbifhop of York, all of whom he had feduced
from Warwick; that he foon regained pofieflion of his capital, and obliged
the poor pageant Henry to exchange his throne for a prifon. This fuccefs was
April 14, quickly followed by the battle of Barnet, where Edward conquered and War-
wick fell •, having the night before been deferted by Clarence, and a numerous
band that followed him, and in the battle itfelf betrayed, or feebly affifted
by his brother Montague, who is faid to have been flain by fome of Warwick's
faithful friends, incenfed by obferving him, when the day was loft, putting on
the livery of Edward to fave his life. Still another battle remained, to decide
the inveterate ftrife between the rival houfes. Margaret of Anjou, after many-
efforts to pafs over from France into England, in the courfe of the preceding
winter, at laft made good her landing at Weymouth, on the evening of the
day of Barnet-field. And twenty days after that battle, Edward coming up
with her near Tewkfbury, on the banks of the Severn, defeated her army,
Ma M- and took herfelf and her fon Edward prifoners. The innocent youth, im-
mediately after the battle, fell a vi&im to the jealoufy of the king and the
cruelty of his brother Gloucefter -, who is alfo commonly related to have
murdered Henry VI. with his own hand, on the day that Edward returning
from Tewkfbury, made his triumphant entrance into London. The captive
queen was committed prifoner to the Tower, and continued there, until her
liberty was procured almoft five years after, by the treaty of Amiens.

During the courfe of thefe civil broils in England, the Scots continued to
obferve the truce, or at leaft did not avail themfelves of the diftreffes of their
neighbours to give them any annoyance, that the hiftorians of either nation
have thought worth recording. After the death of biftiop Kennedy, the king
of Scotland, though not yet fourteen years old, had the reins of government
put into his hands by the lord Boyd and his brother Sir Alexander, who,
thereupon became fole and abfolute favourites, and governed every thing in
the king's name. But their immoderate ufe of fuch fudden and high elevation,
was quickly followed by its ufual fate. They had procured a marriage be-
tween Mary eldeft fifter to the king, and Thomas lord Boyd's eldeft fon, who
was created earl of Arran ; but while Arran was abfent, negociating the king's

• Hefhevved letters from the earl of Northumberland, inviting him to come over, but they were
not regarded. The wardenfhip of the eall marches had been taken from Northumberland, and
reltored to the marquis of Montague.

marriage

ENGLANDANDSCOTLAND. 43s

marriage with Margaret of Norway, which was celebrated in July 1469, he ]*m#iu,
himfelf, his father, and uncle, were fupplanted by a new fet of favourites. t K ' ' s "" ljni! ;
Arran fought his fafety, in a voluntary exile on the continent, wherein his wife 1471.
was for fome time his companion ; and his father and uncle being condemned
in parliament for treafon, Sir Alexander was beheaded, and lord Boyd, flying
into England, foon after died at Alnwick, opprefled with grief and age. The
celebration of the king's marriage, and profecution of the Boyds, occupied
the court of Scotland, during the firft commotions in England in 1469. In R yn) . ro j, xi .
the end of the following fummer, a little before Warwick's defcent from France, p- 68 J-
the office of warden and commiflary-general of the weft marches was given to ib. p , ^66 5 . i *"
Richard duke of Gloucefter •, and, in lefs than two months after, when Henry oa - '■*■
had remounted the throne, John Neville, marquis of Montague, was reftored
to his wardenfhip on the eaft marches, and in the king's dominion of Scotland.
From an article in the commiffion, given to each of thefe wardens, it fufficiently
appears, that the Englifh were, at lead, apprehenfive of hoftilities on the fide
of Scotland-, for both Gloucefter and Montague had full powers given to
themfelve% or their deputies, of concluding with the king of Scotland, or
deputies from him, fliort truces, from week to week, from two or three weeks
to two or three weeks, from a month or months to a month or months, ac-
cording to their beft difcretion.

Soon after the civil wars in England were concluded, and Edward firmly
feated again on his throne, a friendly correfpondence was renewed with the
court of Scotland. In the month of September a meeting of commiffioners sej>t. *j.
from both nations was held at Alnwick, for mutual redrefs of wrongs com- R ym. vol. ».
mitted on the borders, and alfo for treating of truce, peace, and confederacy P ' 71 '
between the kingdoms ; and particular powers were given to three of thefe
commiffioners, who perhaps went forward, as ambafiadors to the court of Scot-
land, to confent, in their matter's name, to any fuch matrimonial contracts as
might be efteemed conducive to cement the good agreement between the king-
doms. In the April of the following year, another great congrefs of plenipo- A> D . , 4 , ti
tentiaries was held at Newcaftle, who agreed, that, notwithstanding the com- Ib - p- 757. '740.
plaints and infractions on both fides, the long truce between the nations fhould 74 ' n91i: "
ftill continue in force *; and proclamations were foon after iffued, requiring May*;.
the ftrict obfervation of it ; particularly until the month of July in the follow-
ing year, at which time the commiffioners had appointed a new congrefs to be
held. But in this interval, Charles duke of Burgundy, in order to facilitate
the project of an alliance, which he was then negociating with Edward againft
their common adverfary the French king, afiumed an office, that ill became
the mod turbulent prince of his time, of a peace-maker between the two mo-
narchs of Great Britain. In the fpring of the following year, the king of Scot- a. d. j4 73 <
land, at the earneft defire of the duke, intimated by two ambafiadors -f, gave March t«.
a written afiurance, under his great leal, to be communicated to the king of ib. p. 77s, 773,

* It appears from the indenture made at Alnwick, on the 28th of September, in the following
year, that the agreement made between the commiflioners at this meeting, was concluded and fealeii
on.the firll of May. Rym. ib. p. 788.

\ Folpard de Amerongen, and George Baert.

K k k 2 England •,

43 6 TH« BORDER-HISTORY OF

Edward iv. England-, that, notwithftanding of the many exceffes daily committed by the
K^ot England , j^^jg^g f ^ ot ^ nat ions, which had a plain tendency to break the truce that
1473. then fubfifted ; the king of Scotland would not, on his part, on the account of
fuch paft or future wrongs, invalidate, or revoke the aforefaid truce between
the kingdoms, for the fpace of two years, to be reckoned from the 10th of
April, in the prefent. In this deed it was declared, that the prefent engage-
ment was without prejudice of the truce concluded in 1464 a! York, and pro-
rogued in the following year at Newcaftle:, and that the king of Scotland
gave this affurance, on condition that he ihould receive the like from the king
of England. In order to obtain this, the fame ambaffadors paffed to the court
of England ; and on delivering the letters of the Scottifh king, to the effect
April 10. above-recited, obtained others from Edward of the fame tenour.

In thefe mutual affurances, each king had engaged to give the mod precife
orders, and to employ the mod effectual methods, for the redrefs of pad and
future wrongs committed on each fide. To make good this article, a meeting,
is p- 7S8 °f commifiioners was appointed at Alnwick on the 20th of September, who,
7S9, 790'. on the 28th of that month, put their feals to an indenture, which fettled feve-

ral points of importance to the peace of the borders. They confirmed all the
appointments of the congrefs, held at Newcaftle, in April and May of the
preceding year ; and fixed days and places for meetings of the lieutenants of
the wardens J, in order to the execution of thefe appointments, and the redrefs
of wrongs committed fince that time. It was agreed, that the lieutenants and
deputies, to be employed in holding thefe diets, ihould be perfons of power
and good reputation ; fuch as the wardens Ihould anfwer for to their feveral
princes at their peril. All who attended thefe, or the like diets, were
appointed to refort to them in a peaceable manner, without their military har-
riers, or any fencible weapon, except a iword and knife, under the penalty of
efcheating fuch weapons, and being delivered prifoners to the other fide, to be
punilhed for the offence. The numbers at thefe diets were alfo limited ; the
wardens might be accompanied with a thoufand perfons, the lieutenants with
five hundred, the deputies with two hundred, or a fmaller number-, and the
penalty of exceeding thefe numbers, was an Englifh noble to be paid to the
other party by the warden, lieutenant, or deputies, for each fupernumerary
found in his company. Immediate reftitution was ordered of all prifoners and
(hips unlawfully taken on both fides, and of the obligations, fureties, and ran-
foms, that had been delivered for prifoners: and the admiral, wardens, or their
lieutenants on each fide, where fuch reftitution was refufed, were ordered and
impowered to oblige the offenders to make it in eight days, after application
made to officers for that purpofe •, or, in cafe of farther delay, to deliver them-

J The firft of thefe meetings was appointed to be held at Newbigging-Ford, on the 20th of Octo-
ber, with continuation of days; the next, eight days thereafter, at Reden-burn; the next, eight
after, at Gammilfpath ; another, four days after, at Bell; another, fifteen days after, at Louch-
mabanltane ; and another, eight days after, at Korfopbrig.

All inden'ed bills of complaints, given in at the prefent meeting, and fince March 9, 1472, were
ordered to be immediately delivered to the wardens or their lieutenants, who were to caufe the par-
lies complained of to be arretted, in order to their appearing at the meetings now appointed to be held
on the borders ; where the plaintiffs Ihould have juftice administered to them without delay.

felves

ENGLAND AND SCOTLAND. 437

felves into the hands of the plaintiff", until fatisfa£tion and redrefs ffiould be James in.
given. The article in the late treaties of truce, concerning the delivering up ^" _ '"" '_'.
of malefactors, was rendered, in the prefent agreement, fomewhat more '473>
explicit, with regard to thofe that had been guilty of murder. Where a per- Sceabovc »P-4 a-
fon of either nation had committed this crime, within the ground of the other,
he was to be feized by the wardens, lieutenants, or deputies, and delivered to
the plaintiff, to be brought to juflice, or ranibmed, at his pleafure. This
delivery was to be made in fifteen days after the plaintiff required it, unlefs
the delinquents were fugitive •, in which cafe, they were to be publickly de-
nounced rebels, and to continue under that fentence until fatisfaclion fhould.
be made to the injured party. It was farther appointed, that perfons, of what-
ever rank, lawfully convicted of refettipg fuch rebels and fugitives, fhould be
delivered up to the plaintiff, to undergo, at his pleafure, the like penalties that :
fhould have been inflifted on the original offenders, if thus put into his hands.
In order to hear and determine, in complaints of wrongs committed at fea,
which properly fall under the cognizance of the admirals their lieutenants, and
deputies •, it was ordained, that the admiral of each kingdom mould fend to
the borders a perfon of fufBcient knowledge, authority, and good difpofuion - 3
the delegate from the Englifh admiral to be at Norrum, and che delegate
from the Scottifh to be at Berwick, on the 8th of January enfuing. Thefe
delegates were appointed to fix a proper place of meeting, for proceeding to
the trial of all caufes brought before them : arid in order to prepare for thefe-
trials, the complaints already given in, were appointed to be transmitted to
the admirals of each kingdom *, that thefe admirals might warn and fummon >
the parties complained of to attend the above-faid meeting •, which if by obfti-
nate, or voluntary neglect, they failed of doing, they fhould lofe their caufe.
A particular affair of great difficulty and importance, which had been under -
the confederation of the commifneners, who met at Newcaftle in the preceding
year, made the fubjecl: of one of the articles of the prefent convention. Ken- Abercromby,
nedy, bifhop of St. Andrews, among other monument-; of his magnificence, H<'iin (h'ei 93 '
had built a fhip of uncommon fize and ftrength, to which he gave the name p. 281.
of the Salvator 7 . This being employed by certain Scottifh merchants, and
freighted with valuable goods, had been wrecked on the Englifh coaft, near
Bamburgh ; the goods were plundered, and fome of the merchants and mari-
ners, who efcaped in a boat, were violently feized and committed to prifon \,
A decifion had been given in this matter at Newcaftle, which, without being
particularly recited, was, by the prefent meeting, declared to remain in force.
But the Scottifh commiffioners alleged, that there having been a fufficient-
number of merchants and mariners belonging to the fhip, to have recovered

•The duke of Gloucefter was at that time admiral of England, and the duke of Albany of
Scotland.

•f The Scots commonly called it the Bifhop's Barge.

\ According to Holingfhed, this wreck happened on the 12th of March 1473 > but from the
feries of border tranfaflions in Rymer, it could not be later than 1472. The abbot of St. Colme
was one of thofe that were taken prifoners, and was obliged to pay to James ICar t who took him,
Sol. for his ranfom. Hoiingftied, p. zi\.

and

A. Do 1474.

+3* THE BORDER.HISTORY OF

K Ed fKn L V i atid-preferved their goods, had they not been forcibly feized and imprifoned by
./ ._ ^-!"_^ the Engliih •, and thefe latter having, at the fame time, in breach of the truce,
1473- unlawfully feized and carried off the faid goods ; it was juft that thofe who
■had given impediment to the Scots, in recovering and preferving their goods,
and were alio active in plundering them, fhould make reftitution and re-
paration of the whole damages; and that this was agreeable to common-
law, and the terms of the truce. But the Engliih commifTioners were of a dif-
ferent opinion ; maintaining, that any of the perfons, who had feized goods
belonging to the faid Chip, was not obliged, either by cuftom of the marches,
terms of the truce, or reafon of the common-law, to make reftitution of any
more than they could by fufficient evidence be convicted of having feized and
with-held. In this variation of fentiment, the commifiioners thought it belt to
report the matter to their fovereigns, and refer the fettlement of it to their dis-
cretion-, declaring it as their unanimous judgment, that, all other things in
debate being provided for, it would be hard that the welfare and peace of the
realms fhould fuffer, or the borders be left open on this account alone ; and
therefore engaging to recommend earneftly to their feveral fovereigns fuch
moderate and equitable methods of terminating the difference, as might tend
to preferve the tranquillity of both kingdoms*.

The fame pacific temper ftill continuing in each monarch, produced a
newmegociation in the following fummer. Edward, by this time, had per-
Rym. vol. xi. fedted an alliance with the duke of Burgundy againft the French king ; wherein
p 'oa' 8 6 5 ' tne comrac ^' n g parties fixed the manner of fharing fpoils, which they never
became mafters of. A treaty of marriage, equally ineffectual in the event, was
concluded between the two courts of England and Scotland ; and the long
truce, on the very fame terms that had been agreed at York ten years before,
and extending to the fame period that was afterwards fixed at Newcaftle, was
folemnly confirmed. An article was only added, obliging to mutual affiftance,
during the truce, againft rebels ; on the demand, and at the expence, of the
prince againft whom the infurrection was made. The redrefs of wrongs com-
mitted on the goods and crew of the fhip Salvator remained an obftacle in the
way of completing thefe treaties ; and, in order to remove it, on the day be-
fore they were figned, the king of Scotland gave a difcharge of all claims for
himfelf or fubjedts, againft the king or fubjects of England, on the account of
Ib.p.Szo. the fpoil of goods belonging to that fhip, or for reparation of injuries done to
the perfons of .-his fubjefts, who had failed on board of itf. By the treaty of

marriage,

* The commifiioners at this meeting were, on the part of England, John bifhop of Coventry and
Lichfield, Henry earl of Northumberland, Ralph Grayftock of Grd)ftock, Humphrey Dacre of
Dacre, knights; Richard prior of Durham, Mr. John Fox, L. L. D. and inland king of arms. The
Scotch cotr.miflifiners were, Thomas bifhop of Aberdeen, David earl of Crawford, and lord Lindfay,
Robert abbot of Jedworth, James lord Hamilton, Mr. Alexander Inglis doclor of decrees, and
Duncan of Dundas, Efq.

-f- To this is annexed the following falvo, or refervation : *' Diclo regi confanguineo noftro,
" libera poteftate puniendi fuos fubditos culpabiles in prsmiffis, deque et fuper ipfis recuperandi bona
" quae de fpolio prjediclo ad eorum nianus devenerunt, nollrifque fubditis petendi et exigendi
" wiaccum aflerum five tabularum ejufdem navis, cum cimbis et apparatis cidemque apperti-

" nenii.

ENGLANDANDSCOTLAND. 439

marriage, James prince of Scotland, and Cecilia, the third daughter of Ed- J» m " '"•
ward i the former not two, the latter not four years old, were folemnly con- L ° ._ ° a "j
tracted ; and the two kings engaged to fulfil this contract, by giving them in '474-
marriage to each other, when they fhould arrive to the years of maturity. The ' * 4 ~~ 3 *'
king of Scotland obliged himfelf to fettle, during his own life, on the prince
and princefs, in dowry and joint feoffment, the lands and revenues of old
belonging to the prince and heir of Scotland. And, if the prince fhould fuc-
ceed to the throne, while his mother yet lived, the provifion for Cecilia was to
be the third part of his lands and rents J; which, if fhe pleafed, fhe might
exchange on the event of the prefent queen's death, with the jointure th.it the
latter had enjoyed. On the other hand, the king of England obliged himfelf
to give, as the dower of his daughter, 20,000 merks to the king of Scotland.
And to make this anfwer more effectually the purpofe of preferving peace on
the fide of Scotland,, it was agreed, that the payments fhould be made annu-
ally, at the rate of 2000 merks for the firft three years,, and of 1000 merks
for fourteen years after. The firft of thefe payments was to be made on the
third of February next enfuing, in the church of St. Giles at Edinburgh ; and
the reft were to be made on the fame day of the year, and in the fame place, ,
until the whole fhould be completed. A method was a!fo agreed upon for the ib.p.8,6,
fafe conveyance of the money. In order to this, the king of Scotland was to
fend afufficient number of his fubjects to Berwick, a few days before the annual
term of payment; who, on advertifement received from Norham of the arri-
val at that place of the fervants of the king of England with the money,
fhould meet with thefe on the Scottifh bank of the Tweed, overagainft it ; and
efcort them thence to Edinburgh. The guard, thus furnifhed by the king of
Scotland, were to produce a commiffion or warrant, under the hand and feal
of their fovereign, authorifing them to perform this fervice ; and this was to be
left in the keeping of the lieutenant of Norham caftle. The carriers alio of
the money from England, were to be furnifhed with a fafe-conduct from the
Scottifh king, extending to forty perfons, and protecting them in Scotland for
forty days; which was to be delivered at Norham, before they croffed the Tom xU. p. *».
Tweed, and to remain in the keeping of the confiable of that caftle-f.

Peace being thus fecured on the fide of Scotland, Edward palled over into a. d. 1475.
France, with the mightieft army that had ever been carried thither by an
Engliffi monarch. But the addrefs of Louis the French king; and the

*' nemibus ad quorum manus devenerunt, redemptionibufque & financies per Anglicos tunc ex-
" tortis, in omnibus femper falvis." There is fomething ambiguous in thefe expreffions. Perhaps
it fhould be read " Redemptionefque & financias extortas." Five hundred merks had been pro-
miied by the king of England, without any written obligation, to content the demand; of the Scot-
tifh merchants, which were paid at the fame time with the firtt payment of Cecilia's dovver, as
appears from an acquittance of the bifliop of Aberdeen. Rym. p. 85c.

J Thefe were the dukedom of Rothelay, the earldom of Carrick, and the lordfhips of the ftewart-
lands of Scotland.

■\ This fafe-conducf in the deed at Weftminfier, 3d December, fixing the above method of pay-
ment, is called a fafe-conduft dormant general. The fafe-conduft itfelf bears date at Edinburgh, 1 6th
Jan. 1474 (that is, according to the Scottifh account), and is drawn up in fuch terms, as to lerve the
furpofc, at all the different payments. lb:d, p. 842.

Quixotifm

44<>

Edward IV.
. K. of England,

A. E>. 1478.
Feb. 18.

"'folingfliea.
A, D. 1480.

Habington in
Kennet, p. 476.
Stowe, p. 432,

Buchanan.

HolingfheJ.

Rym. vol. xii.
p. 115.

THE BORDER- HISTORY OF

Quixotifm of the duke of Burgundy, Edward's ally, foon put an end to this
expedition ; and fruftrated the great expectations the Englifh had conceived
from it. A fum advanced to defray prefent expences, with an annual penfion
to the king, and fecret rewards to his courtiers, were the means employed by
the artful Louis to procure a feven years truce ; which, two years afcer, was
prolonged, during the joint lives of the kings ; and, in the year following,
•was extended to one hundred years after the death of Edward. Mean while
the payments of Cecilia's dower were regularly made at Edinburgh ; and an
undifturbed harmony feems, for fome years, to have fubfifted between the
kings of England and Scotland. But the courts of both, during that time,
were difturbed with domeftic diflenfions. George duke of Clarence, fecond
brother to Edward, unable to fupprefs the expreffions of refentment againll the
ambition of the queen, her relations and favourites, fell himfelf, in confe-
quence of the unlimited afcendant they had over the king, a victim to their
revenge. Alexander duke of Albany, and John earl of Mar, brothers to
James king of Scotland, equally impatient with Clarence of the rule of favou-
rites, who are faid to have been a fet of low defpicable men, entered into com-
binations with fome of the nobles to remove or deftroy them. The earl of
Mar, being accufed of pradtifing by forcery againft the king's life, was impri-
soned in the caftle of Craigmillar, and fecretly difpatched. The duke of
Albany, being committed to the caftle of Edinburgh, made his efcape thence,
with great hazard, to his own caftle of Dunbar; which being foon after
befieged by the king's forces, Albany was obliged to abandon it, and fly for
refuge to France-, and the garrifon he left behind, being reduced to extremity,
betook themfelves to fea in fome fmall veflels, and fought refuge in England.
Thefe domeftic feuds in Scotland, were naturally followed by diforders on
the marches ; and fome of the difcontented Scottifh nobles entered, as ufual,
into a fecret correlpondence with the court of England. The exiled earl of
Douglas was ftill there, watching every opportunity of embroiling the two
kingdoms ; and it is related by fome Englifh writers, that the duke of Albany
vifued the court of England in his way to France •, and gave fuch reprefenta-
tions of the weak and odious government of his brother, as tended to reanimate
the ancient Englifti ambition of fubjefting Scotland. About the fame time,
the French king, who was employed in reducing certain provinces that be-
longed to the houfe of Burgundy, apprehending difturbance in this work from
Edward, whom he had long amufed, fent over Dr. Ireland, of the Sorbonne,
to engage the Scottifh king to break the truce with England. This French
intereft prevailed, in oppofition to fome of the wifeft of James's council * ; and
a refolution was taken of invading England fuddenly, without any formal
declaration of war. Atleaftinthe commiflion of lieutenant-general, given by
Edward to his brother Richard duke of Gloucefter, the king of Scotland is
charged with this defign ; whereof early intelligence was probably fent to the
Englifh monarch from his fecret friends in the Scottifh court. But ftill the

•Thomas Spence, biftiop of Aberdeen, who had ever been a friend to peace between the king-
doms, is faid to have died of grief from the profpeft of the approaching war. He died at Edin-
burgh, April 15. Holingfhed, p. 283. .Keith's Catal.

Scots

ENGLAND AND SCOTLAND.

441

Scots appeared to have been more forward in their military preparations than
the Englifh, from an expedient that feems to have been employed by the latter,
in order to gain time. For when James was advancing towards the borders, ac
the head of a numerous army, he was met by a meffenger from a legate of the
papal fee, then refiding in England, who enjoined him, by apoftolic authority,
to lay down his arms ; that he, and other Chriftian princes, cultivating peace
among themielves, might oppofe their joint forces to the Turks, who were
then become formidable to all Chriitendom. The king, in obedience to this
injunction, difmiffed his army; a great part of which was, probably, far from
being hearty in the caufe. i?ut hoftilities on both fides foon recommenced ;
and a commifiion was given about Midfummer to the duke of Gloucefter, in
conjunction with the chief men of the northern counties of England, to array
and arm the fencible men of thefe counties, in order to oppofe a fecond incur-
fion, which the Scots were then preparing to make. The iummer was fpent in
mutual depredations, and actions of little confequer.ee ; but about the begin-
ning of winter, the Englifh laid fiege to Berwick by land and fea. Part of the
-walls, being lately rebuilt, gave them hopes of beating them down without
difficulty; but although confiderable breaches were made, the garrifon de-
fended the place fo refolutely, that the aggreffors, after having fpent a great
part of the winter in carrying on the fiege, were at laft obliged to raiie it.

The king of Scotland being ftill determined to carry on the war, had
recourfe to a parliament, which met at Edinburgh in April, for their advice
and aid. Having convinced them that Edward, whom he and they call an
ufurper, was the violator of the truce •, he procured the enacting of fuch orders
as appeared moft neceffary for the defence of the kingdom. All fencible men
within it, were appointed to be in readinefs to attend the king with arms and
provifions, if required, for twenty days. The fortreffes of the kingdom, and
houfes of ftrength poffeffed by gentlemen, were ordered to be provided with
arms and artillery. They declared their approbation of the refolution the king
had fhewn to preferve Berwick ; and of what he had done for the fecurity both
of the town and caftle. They mentioned particularly the great expence he had
been at in ftrengthening and rebuilding the walls of the town ; in repairing
the caftle, and furnilTiing it with artillery ; and in eftablifhing a garrifon of five
hundred men for the defence of the place, to be maintained at the king's own
charges. In confideration of what their fovere'gn had thus freely done for the
defence of the kingdom, and annoyance of their enemies, the parliament
obliged themielves to maintain an equal number of men as garrifons in the
fortreffes, and ftrong houfes, near the borders. Of thefe one hundred were
to be ftationed in the Mers, fixty at home, twenty at Blacader, and twenty at
Wedderburn. They were to be commanded by James Borthwick, fon to the
lord Borthwick, who was appointed to refide at home ; and had power to
chufe two captains under him •, the one to command at Wedderburn, and the
other at Blacader. The moft numerous of thefe border garrifons was that of
Hermitage in Liddefdale, confuting of one hundred men, and commanded by
the laird of Lamington. The reft, confifting of fixty, forty, or twenty men
each, were difpofed in the other places of ftrength, near the middle or weft

L 1 1 marches.

jtmta rrr.

K. 01" Scotland.

14S0.
Holingllicd.
Abeicromby,
p. 434.

Rym. vol. xii,
p. 117.

Holingfiied.
Abeicromby,
vol. ii. p. 434.

A. D. 1481.

Black Ads, fol.
6r y 66. apud
Aber. p.435.

44* THE BORDER-HISTORY OF

Edward iv. marches *. It was farther enacted, that, upon feeing the enemy approach,
K.-of England. ^^ ft^y ^e kindled on the fea-coafts f, at the diftance of fix miles from
1481. one another ; and that officers fhould alfo be pofted at the diftance of every
fix miles, to raife and command the inhabitants, when occafion fhould require.
This parliament alfo advifed and ordained an embaffy to the king of France
and parliament of Paris, to folicit the affiftance of their ancient ally againft
their common enemy of England. The ambaffadors were to have in charge
to declare to the French king, that this help had often before been folicited by
letters, to which no return had been given. This allegation might be ufed as
an argument to prove, that the Scots did not engage in this war againft Eng-
land, at the infligation of the French king ; were not the fhamelefs perfidy of
JLouis fufficiently known. The exiled earl of Douglas being considered as a
principal agent in exciting the Englifh to invade his native country, a price
was let on his head, and upon thofe of his adherents^. But thofe who fhould
abandon him, and return to their allegiance in twenty-four days, were affured
of a free pardon of their paft offences. The fame was extended to the bor-
derers, and to all other ftate-criminals throughout the nation ; the earl of
Douglas alone, and three of his accomplices, being excepted by name.

This vigour fhewn by the Scotch parliament, which probably was wholly
unexpected in England, feems to have had fome effect in hindering the En-
glifh king from attempting any thing confiderable againft Scotland, during the
Km voLxii iummer. A fleet, which he fitted out in the fpring, and which alarmed and
P . I3 9. committed fome depredations on the coaft of the Frith, ferved to keep the

Scots at home-, though about Midfummerthe apprehenfion of an invafion from
.. .,, Scotland was lb great, as to occafion an adjournment of all bulinefs before the

Kynj, lu Pi 14'' o * -J ,

king's juftices, until after Michaelmas. Edward alfo, feeing a rupture with
France unavoidable, was employed, during the fummer, in concluding an alli-
ance and marriage contract with the duke of Bretagne, and the king of Caftile;
and alfo in renewing his treaty with the king of Portugal.
A. d. 14SL Louis having, in the fpring of the following year, irritated Edward to the

hioheft pitch, by concluding a marriage between the Dauphin and Margaret
the infant daughter of Maximilian and Mary of Burgundy, in plain violation of
Edward's favourite article of the treaty of Amiens, by which his daughter Eli-
zabeth was to have been efpoufed to the heir of France •, the Englifh monarch
refolved to feek revenge, by entering into a war againft his perfidious neigh-

* The laird of Edmonflon ha<3 the command of fixty men in Cefsford, twenty in Ormiftoun, and
twenty in Edgerfton ; the laird of Cranlton commanded fixty men in Jedburgh, twenty in Cocklaw,
and twenty in Dolphingfton ; the laird of Clofsburn commanded in Lochmuben ; the laird of Amif-
lield forty in Caillemilk, forty in Annand, and twenty in Belliltower. Some omiffion in Aber-
cromby, probably there have been one hundred men in the cafUe of Berwick, and as many in
Lochmaben.

f Abercromby fays, from the Black Acts, Tiiat upon the fight of an enemy, fires mould be
kindled upon eminences near the fea coafts, within every fix miles of length, and one of breadth.
Aber. \ol. ii. p. 437.

J Whoever ftiould kill, or bring the perfon of the earl, was to receive 100c merks, and an eflate
of 100 merks, yearly rent, as his reward. For killing, or taking any traitor of his party, if a gen-
tleman, the reward was 20 1. if a yeoman 10 1.

bour.

ENGLAND AND SCOTLAND. 443

bour. But it was expedient, in the firft place, to finifli that in which he was James in.
actually engaged with Scotland. For this purpofe he endeavoured to attach /° - '.
wholly to his interests the duke of Albany, who continued an exile in France; m8*.
and whofe ambition was not contented with what had been done for him by
Louis, who, among other favours, had given him in marriage a daughter of
the earl of Bologne, with a large fortune. Albany, having come over to Rym. vol. xii.
England in the fpring, entered into a negociation with Edward, which iflued p " 15<i '
in an agreement concluded at Foderingay-caftle, in June. In this agreement June 10, n,
the duke of Albany aflumed the title of Alexander king of Scotland, acknow- Ib - ?' '5 6,
leJging that he held it by the gift of the king of England ; and, befides,
binding himfelf to p.iy homage to the king of England for his kingdom of
Scotland, and to break the ancient league between Scotland and France, to-
gether with fome other articles of fmaller moment, he farther engaged to
make a real and perpetual furrender of the town and caftle of Berwick, with
their dependencies ; and that the fame mould be delivered to the king of Eng-
land and his heirs, in fourteen days after the Englifh army had conveyed him
to Edinburgh, or as foon afterwards as the lords of the king of England's
council, who were then prefent in his army, fhould judge practicable.

Immediately after this agreement, the king nominated the duke of Glou- »b. p. 157.
cefter his lieutenant-general againft the Scots-, and about the beginning of Stowe> pi 4Jt(
July, the Englifh army, amounting to twenty-two thoufand five hundred men,
were marfhalled at Alnwick. The van of it was led by Henry earl of Nor-
thumberland. The duke of Albany accompanied the duke of Gloucefter, at
the head of the middle divifion. Several other lords and eminent perfons
afiifted in the command of thefe and the other bodies of the army. AH this
formidable force appearing fuddenly on the river-fide, over againft Berwick,
the town made no reliftance, and was immediately feized. But the lord Hales,
who commanded in the caftle, fbewing a refolute purpofe of defending it,
four thoufand men were left to befiege it, under the conduct of the lord
Stanley, Sir John Elrington treafurer of the king's houfehold, and Sir William
Parr; while the reft of the army advanced towards Edinburgh.

By this time matters were in extreme confufion in Scotland. The king
having collected the forces of the nation, in order to oppofe the Englifh, gave
his dilcontented nobTes the opportunity they wifhed for, of wrecking their
revenge on thofe obfcure favourites, who had totally engrofted their mailer's
confidence. While the army lay encamped at Lauder, a band of the nobility,
headed by Archibald earl of Angus, entered the king's tent, and having feized
fix of his domeftics, who were the chief objects of their wrath, cauied them
immediately to be hanged over a bridge in the neighbourhood. A meafure fo HoiinefhtJ,
rude and barbarous, having broken all confidence between the king and his p-* 8 * 1
army, a total difperfion of the latter enlued : and the king retiring to the
caftle of Edinburgh, either fhut himfelf up in that fortrefs for fecurity, or, as
fome authors relate, was detained a prifoner there by his uncle the duke of
Athol, and others of the nobles. Such was the fituation of the Scottifh affairs
when the dukes of Gloucefter and Albany arrived at Edinburgh, at the head
of the Englifh army; which, to infpire terrour, had committed fome devafta-

L 1 1 2 tions

444 THE BORDER-HISTORY OF

Edward iv. t j ons on t heir march •, but, at the requeft of the duke of Albany, fpared the
. o ng an . ca pj ta |_ The perlbn of the Scottifh king being inacceffible, the demands of
i48 J - Edward that James mould make good former engagements, and redrefs the
Buchanan. violations of them that had been made by himfelf or lubjects, were proclaimed
in the moft public place of the city. No an Twer was made to thefe demands
Auguft z. by the diftreffed monarch •, but foon after, the lord Evandale his chancellor,
Rjm.ib. 160. t j' e ear j Q £ Argyle, the archbifhop of St. Andrews, and bifhop of Dunkeid,
gave their joint obligation, that the duke of Albany, on returning to his
allegiance, fhould be indemnified for all pall offences, and reftored by his
brother to his former dignities and poffeffions ; and that they would procure
the confirmation of all this in the next parliament that mould be affembled.
Albany, having confulted with Gloucefter, thought proper to accept of thefe
offers ; and, accordingly, leaving the Englifh army, palled over to his coun-
>v»e, p.432. t r y men; but, before he departed, is faid to have bound himfelf, by his oath
and a fealed writing, to make good what he had before fworn and promiled
to the Englifh king. By the Scottifh nobles he was inftantly declared lieute-
nant of the kingdom •, and, under his direction, a treaty was carried on with
the duke of Gloucefter. The latter infilled on the reftitution of Berwick, as
an article not to be difpenfed with. But many of the Scottifh lords oppofed
this; alleging the great importance of the place, and the ancient property the
crown of Scotland had in it. The firmnefs however of the duke of Glou-
cefter, added to the domeftic diftrefs of the Scots, and the influence of the
Habington's perfon they now had at their head, prevailed. A truce was concluded, in

Life of Ed. IV. r J . i- 1 J J L c- r • j i

in Rennet, foi. which Berwick was given up to England; and the Scots are laid to have

476- engaged never by any art thereafter to attempt the reduction of it. The lord

Hoiingihed, Hales, after a brave defence, furrendered the caftle on the 24th of Auguft * j

p. 183. but whether, in obedience to orders received from Scotland, or from his

inability to hold out any longer, appears uncertain. And thus the town and

caftle of Berwick returned again under the dominion of the crown of England,

after the Scots had held them from the time of the furrender made of them.

by the unfortunate Henry VI. twenty-one years and fome months. Although

this expedition had coft England upwards of ico,ooo 1. part of which the king

carte, vol. ii. had railed by the oppreffive method of benevolences ; and although the ex-

Rot!parK° m pence of maintaining a garrifon at Berwick amounted to 10,000 merks a year,

yet the recovery of that place was fo acceptable to the nation, that the Englifh

parliament, which met in the following January, recommended the duke of

Gloucefter, the earl of Northumberland, and the lord Stanley, to the king

for their fervices in the Scottifh war -J-.

Hift. of Scot- » Holingfhed fays, that the lord Hales applied to the duke of Albany and lords of the Scottifh

land, p. 283. council for relief, and that the duke advanced with an army to Lammer-muir ; but that the garrifon

perceiving, through the difTenfion of the king and nobles, there was no probability of their being

refcued, furrendered on the 24th of Auguft. 'Buchanan places the conclulion of the truce, by

virtue of which the caftle of Berwick was to be furrendered, on the 26th of that month.

+■ C irte adds, that the duke of Gloucefter was immediately made warden 0/ the eaft marches ; but
from the convention with (he duke of Albany, in Rymer, vol. xii. p. 173, it fcems plain, that
he fhould have faid of the well marches.

A\vi"., p. 424.

Rym, ib. p. lift

ENGLAND AND SCOTLAND. 445

It was an article of the fecret treaty between Edward and the duke of Junes in.
Albany, that, if the latter could, by the authority of the church, free himfelf K ^^™^
from his prefent marriage-bond, he fhould marry Edward's daughter Cecilia, 1482.
who had been contracted more than {even years before to the prince of R y m ' ib>l61 '
Scotland. And while Albany and Gloucester were in Scotland with the
Englifli army, they obtained an obligation from the provoft of Edinburgh
and his fellow-citizens, to refund what Edward had paid of Cecilia's dower,
in cafe it mould not be his pleafure to have her marriage with their kind's fon
completed ; and Edward's refolution herein was to be intimated before the firfh
of November next enfuing. Accordingly, the king of England's principal oa. 27.
herald was lent to notify, in due time, at Edinburgh, that it was his mafter's
pleafure, for diverfe caufes and cenfiderations him moving^ to refufe the accom-
plishment of the marriage formerly agreed. This hindered not the treating
of a marriage between Margaret the king of Scotland's filler, and Anthony
earl of Rivers, brother to the queen of England ; whofe ambitious fchemes
intermingled themfelves with all her hufband's affairs. This marriage appears ib. P . ,6 2 .
to have been fully agreed on, about the time of concluding the truce, while
the entire direction of Scottiui affairs was in the hands of the duke of Albany ;
and fome months after, when Albany had relieved his brother from his impri-
fonment in the caftle of Edinburgh, and the moft perfect friendfhip feemed to
fubfift betwixt them, minifters were appointed by both courts to fettle all the
conditions of the nuptial contract. James, alfo, about this time, fhewed lb n 0V . 2 ,,
much confidence in his neighbour-monarch, as to accept of a fafe-conduct ib. p.170. '
from him, in a pilgrimage he intended to the relicts of St. John at Amiens t.;
on which occafion it was propofed, that, as James paffed through England, the
two kings ihould have an interview.

But thefe fchemes were all blafted by the revival of jealoufies between James A ' D> x + 8 >
and his brother Albany, for which, it is very evident that the conduct of the
latter gave the king fufficient grounds. Albany pretending, that his life was
in hazard at his brother's court, retired to the caftle of Dunbar ; and thence Jan. »*.
fent his ambaffadors, as he called them, to the king of England, to treat and Ib, P-'' 2 -
conclude with him, agreeably to what had been fettled in the June preceding,
at the caftle of Foderingay. The ambaffadors fent by Albany were, Archibald
earl of Angus, Andrew lord Gray, and Sir James Liddale of Halkerfton ;
and the commiffioners appointed to treat with them, on the part of the kino-
of England, were, Henry earl of Northumberland, John lord Scrope, and Sir
William Parr. By thefe commiffioners, it was agreed, that a truce between Feb. 9.
the fubjects, friends, and adherents of Edward, and thofe of the duke of
Albany, fhould be ftriftly obferved for a year; that the names of thofe adher- l^f m ' ' 7 **
ing to the duke fhould be fent in writing, under his leal, to the duke of
Gloucefter and earl of Northumberland, the wardens of the Enalifh marches,
before the laft day of March enfuing •, and that the laid writing fhould alio
contain the names of thole who dwelt nigh the marches of England, and

J He had obtained fafecondufts for the fame efFeft in 1475 and 1 178. Rymer, vjI. xii.
Supetftition was a confiderable ingredient of James's character.

refufed

44$

Edward IV.
K- of England.

1483.

April 9.

Edward IV.

K. of England.

June 15.

Richard III.
K. of England.

THE BORDER-HISTORY OF

tefufed to be of the duke's party, that fuch meafures might be taken with
them as might be for the intereft of both princes. The duke of Albany was
bound to perfift, during the truce, and afterwards, in his enterprife of acquir-
ing the crown of Scotland ; and to hearken to no offers of his brother, while
reafonable affiftance was afforded him by the king of England. Upon his
fucceeding, the old league with France was to be renounced, and the whole
power of Scotland to be employed in affifting England to conquer the firft
mentioned kingdom. The ambafladors of Albany engaged, for the duke,
for themfelves, and all their friends, that no quellion ihould hereafter be
made concerning the right of the king of England, to the town and caftle of
Berwick, nor title pretended thereto by the duke, his heirs, or any of his
party. The duke of Gloucefter and earl of Northumberland were to be fent
to the marches, whereof they were wardens, in order to be ready to fupporc
the duke of Albany, as circumftances mould require-, and in particular, they
were to fumilli him with three thoufand archers for fix weeks, to be in the pay
of the king of England. On requifition made by the king of England to the
duke of Albany, James earl of Douglas was to be reinstated in the poffefijon
of his lands in Scotland, in fuch manner as had been agreed between him and
the ambaffadors, more particularly between him and the eail of Angus.
Albany, on gaining the crown, was to take to wife one of the king of Eng-
land's daughters, without a fortune. The Scotch ambaffadors who negociated
this treaty, judging that all means of reconciliation with their natural fovereign
was now cut off", engaged for themfelves and all they fhould be able to in-
fluence, that, in cafe of the deceafe of the duke of Albany and the heirs of
his body, they fhould thenceforth be fubjedls to the king of England alone ;
and fhould defend their places of ftrength againft James and his fucceffbrs,
and all the enemies of the king of England *.

But the death of Edward IV. which happened two months after this con-
vention, difappointed all its views; Richard duke of Gloucefter, who was
then in the north, preparing, as is probable, to give fupport to the duke of
Albany, immediately moved fouthwards, in order to get into his poffefilon the
perfon of the young king, and to feize the reins of government, under the
title of Pro'eftor of the kingdom. Not content with this elevation, he foon
after made his way to the throne itfelf, through the mod horrid fcenes of
perfidy and blood. But, while Richard was employed either in acquiring or
iupporting his ufurped power f, his friend the duke of Albany was abandoned

* To this treaty a fchedule was annexed, containing a declaration of the Scottifh ambafTadors,
that it was not their intention or that of the Englifli c mmiffioners, that, in confequence of the
prefent agreement, any innovation fhould be made on the part of Scotland, by repairing Caw-mills
or Blacader's tower, (perhaps thefe had been demolished by the Engliih in their late invalion,) or
building any fortrefs of lime a d (tone, or by Scotchmen fettling near the borders in any other wav
than they did at p efent. But all things were to remain in their prefent fituation ; and no change
made, unlefs by Ibme particular fubfiquent negociation between the princes, to be carried on by
advice andaiTent of the wardens on each fide. Rym. vol, xii. p. 176.

-j- He brought up five thoufand men from the north, poorly apparelled, (fays Stowe,) and worfe
hamefled, to quafh any dilturbance that might arife at his coronation. They were commanded by
Robert of Ridfdale, and mullered in Finiberry field, Stowe, p, 458.

ENGLAND AND SCOTLAND. 447

to the juft refentment of his brother. For James having difcovered his JumUU

correfpondence with the court of England and the earl of Douglas, ordered . ' ° . '°_' an J

him to be fummoned to appear in judgment, to anfwer to this charge. Al- 1483.

bany having no hopes of being able to fupport himfelf againft his brother by

open force, after being difappointed of the aid he expected from England,

took refuge in the borders of that kingdom, leaving his caftle in the pofleffion

of an Englifh garrifon well provided wich all neceflaries. Hereupon he was

again forfeited, together with the lord Crighton, one of his accomplices; the

king being probably too feeble to bring to jultice the reft of the numerous

party that were in his interefts.

The old earl of Douglas continued ftill to enjoy under Richard, the fame R ym . voLxiv
protection that had been given him by his predeceffors Henry VI. and Ed- p *'3-
ward IV. In confederation of particular fervices, which had not before been- 'rOufHt
fuitably rewarded, Richard fettled on him an additional penfion of 200 1. a
year, for the more decent maintenance of his dignity. But the ulurper's great
expence in fupporting his ill-got power, and the continual alarms in which he
lived from the plots of his numerous adverfaries, who fought to overturn ir,
hindered his giving iuch aids to Albany and Douglas, as had been promiled in
the late treaty between Edward and the former. Hoftilities, however, were
continued on the borders *, and the duke and earl made at laft a bold expert- Buchanan,
ment, for difcovering what they might expect from the favour of their
countrymen. They advanced in this view, with a body of five hundred horfe, . .
to a fair held at Lochmaben on St. Magdalen's-Day ; but the enterprife proved
fatal. Their countrymen under the conduct of the lairds of Johnfton and-
Cockpool treated their troop as a band of robbers •, and after a tedious and
bloody conteft, gained the victory. Albany made his elcape into the Englifh
borders, by the fleetnefs of his horfe, while Douglas, flow by age and his load
of armour, remained a captive. Alexander Kirkpatrick had the honour of
feizing this offender, and of prefenting him to the king, who rewarded lb
important a fervice with a grant of the lands of Kirkmichael. The life of
the earl was fpared, but he was cloiltered in the abbey of Lindores, where he
died about four years after-, and leaving no progeny, in him became extinct
the eldeft branch of the line of Douglas, which had arifen to a height of
fplendour and power, far beyond what had ever appeared in any other family

* Richard, in letters of the 31ft of March to the Pope, and to the college of cardinals, in favour
of John Shirwood bilhop eledl of Durham, requeits them to abate fome part of the dues payable by
him at that time to the Pops and college ; in cjniideration that almoft all the towns, poiTeffions, and
caftles, of his bilhoprick, were fituateJ in that part of England which lay contiguous to Scotland ;
and were in ufe to be fupported and defended by the bilhop of Durham. This, he obferves, could
not be done without a vaft expence, as might be eafily judged from the bilhop's being ob iged to
keep a hundied mercenary foldiers in one of his caftles, (he muft mean that of Norham) even in
time of peace. What thsn is to be thought, adds he, of the whole number of his callles and
other places, efpecially in the time of the prefent mod grievous war, that we are carrying on with
the moft fierce and hardy nation of the Scots ? he obferves farther, that the callles and town*
belonging to the church of Durham, were in fo ruinous a ftate, partly through the negligence of
preceding bilhops, and partly by the devaflations committed by the Scots, that the revenues <.•£
feveral years would not be fufRciint to reftore them. Rym. vol. xii. p. 224. There are more
cjrcumllanc.es than one, aggravated io this account.

443

THE BORDER-HISTORY OF

Richard in. on the borders of Scotland, or indeed in any other family or fubject in the

■ K - ofE ; Eland ; kingdom.

14S4. This fuccefs of James made it appear more expedient for Richard to make

up his differences with him, than to fupport any longer his rebellious fubje&s
ao-ainft him. And James, on the other hand, had fuch difcontents and dif-
arredlion to ftruggle with at home, as made it very defirable to him to
cultivate peace with his neighbour of England. A congrefs of plenipoten-
tiaries *, for compofina; the difienfions between the kingdoms, was held at
Nottingham in September-, and on the 21ft of that month, a truce was con-

Rym.vol.xU. eluded, to commence from fun-rifing on the 29th inftanr, and to continue for

p-zjs- three years, or till fun-letting on the 29th of September 1487. This treaty

contains feveral articles relating to the particular circumftances of the time
when it was concluded. That concerning the caftle of Dunbar, which was
then in the hands of the king of England, is fomewhat Angular. The .caftle,
with the bounds belonging to it, was to enjoy an undifturbed abftinence from
war for the certain term of fix months, after the commencement of the general
truce now concluded ; and this truce of the caflle was to continue during the
remainder of the three years of the general truce, if the king of Scotland did
not, in fix weeks after its commencement, notify to the king of England,
that it was not his pleafure, that the caftle of Dunbar fhould be comprehended
in the truce longer than fix months : in which cafe, if hoftilities fhould
commence, they fhould be wholly confined to the attack and defence of the
caftle, and fhould in no other refpect infringe the truce of three years, now
concluded between the kingdoms. To this article relating to the caftle of
Dunbar, is immediately fubjoined one concerning the town and caftle of
Berwick ; by which it was agreed, that thefe places, together with the whole
limits that were in ufe to be there pofTefTed by the Englifh, during the time of
truce between the kingdoms, fhould be included in the prefent truce, during
the whole three years of its continuance. Concerning traitors or rebels againft
either of the kings, it was agreed, that any fuch offenders fhould not, after
the commencement of the prefent truce, be received into the dominions of the
other •, or if fettled in them before, fhould not thereafter receive fupport or
aid from the king, or any of his people. All perfons of this character, who,
during the truce, fhould pafs from their own king's dominions to thofe of the
other, fhould be delivered up by the latter ; and the fame fhould be obferved

* The plenipotentiaries from Scotland were, Colin earl of Argyle, L. I.orn chancellor of Scot-
land, William bifhop of Aberdeen, Robert lord Lille, Laurence lord Oliphant, John Drummond
of Stobhall, Archibald Whitelavv archdean of Lothian, fecretary to the Scoitifh king, (Illujirijpmi
1$ iwuiQiJJimi principls Jac, Scot. Reg. Secretarium) Lyon king of arm.*, and Duncan de Dundas,
Thofe of the king of England were, John bifhop of Lincoln chancellor of England, Richard
bifhop of St. Afaph, John duke of Norfolk, Henry earl of Northumberland, Thomas Stanley
lord Stanley, George Stanley lord Strange, John Gray lord Powis, Richard lord Fitzheugh,
knights; John Gunthorp dean of Wells, keeper of the privy feal, Thomas Barowe arch-
deacon of St. Paul's matter of the Rolls, Sir Thomas Brian chief jultice of the king's-bench, Sir
Richard RatclifFe knight of the Garter, William Catelby, and Richard Salkeld, efqrs. of the king's
body. By the date of the commiflion to the Englifh plenipotentiaries, it appears, that Richard was
prefent himfelf.

6 with

ENGLAND AND SCOTLAND.

449

■with regard to thofe who had been fettled in either kingdom before the beo-in- J am « !"•
ningof thetruce, and who, during the continuance of it, fhould commit'any K,ofScotlan ' ! '
hoftility or damage in the territories of their own fovereign. Such on their ' 1484.
return were to be no longer protected, but to be delivered up to the prince
whole rebels they were. As to thofe Scots who had taken up their abode in
the fc ngliih territories, and by fwearing fealty to the Engliih king, had, to-
gether with their wives and children, become lu's lieges, it was agreed, that a
lift of their names fhould be tranfmitted by the Englifh wardens or their lieu-
tenants, to the king of Scotland or his chancellor, within fix weeks after the
commencement of the truce ; and that none of thefe people who might chufe
to return to their own country, and hope to efcape there. the punimment due
for offences they had committed on the borders of either kingdom, lhould,
during the truce, be received into favour by the king of Scotland, or obtain
his pardon; but that he fhould caufe them to be apprehended and punifhed
capitally, if the nature of their guilt made them liable to it; or if not, he
lhould return them to the officers of the Englifli king on the marches, to be
chaftifed or punifhed by them, according to their demerits. And the fame
was to be obferved by the king of England and his officers, with regard to
any Englifhmen, who, for the fake of refuge and immunity from the punifh-
ment of their crimes, had transferred their allegiance to the king of Scotland.
Two new articles were added in this treaty, concerning the wardens of the
marches and their lieutenants •, on whole character and conduct the quiet of
the borders, and peace of the kingdoms, very much depended. By the firft of
thefe, it was agreed, that within fix weeks from the beginning of the truce,
each king fhould give authentic notice to the other of the names, perfons and
ftates of his wardens and their lieutenants, and that when any changes fhould
be made of thefe officers, in the courfe of the truce, fuch changes fhould not
take place without previous notice of at leaft twelve days, given the other
king or his chancellor; who was, at the fame time, to be informed concern-
ing the perfon of the fucceffor; and that the warden or lieutenant to be
removed, fhould, before his removal, give fufficient fecurity to his fovereign,
for reparation of damages that had been committed, or not redreffed, during
the time of his adminiftration ; and where the taking of this fecurity had been
either neglected, or had not been duly exacted, in fuch cafes, recourfe was to
be had for redrefs to the king himfelf, who had made or confirmed any fuch
removal. It was alio farther agreed, that if, during the truce now concluded,
any warden of either of the kings fhould lead an army into the territories of
the other, or otherwife commit in them depredations, (laughters, or other acts
of hoftility ; in that cafe, the prince, whole warden or lieutenant had thus
offended, fhould, within fix days from fuch hoftile aggreffion, declare him a
rebel and traitor; and within twelve days give authentic notice of his having
ifilied fuch a declaration to the prince, whole fubjects had been attacked. The
general articles of this treaty both with regard to lea affairs, and the preferva-
tion of order on the marches, are the fame as thole in the treaty of 14.64, and

M m m others

450 THE BORDER- HISTORY OF

iw.un! in. others preceding it -, only fome of thefe articles are omitted, at lead in the
K L of gagirti, copy publiihcfby Rymer *.

i 4 g + . On the fame day was fubfcribed a convention for a marriage between the

Rym. voirsii duke. of Rothefay, and Ann de la Pole, daughter to the duke of Suffolk,
and niece to Richard by his filter ; but Richard had met, his deferved fa;e,
before the day arrived, that was fixed for fettling the particular terms of the
\ Sent. ia. match. Another convention was fubfcribed on the day following, appointing
meetings of the great commiffioners for all the marches, to be held for the more
fpeedy and effectual enfunng the obfervation of the truce. Thofe of the
middle and eaft marches, were to meet at Reading-burn on the firft of
December; and they were appointed then and there to depute certain perfons-
to pafs to the bounds of Berwick, and fee that thefe were agreeable to what
was enacted by the treaty of truce. In order to make thofe fettlements that
were immediately neceflary, and to prepare matters for the meetings of thofe
called the great commijJioners\ previous meetings of gentlemen on both fides
of the weft, middle, and eaft marches, were appointed to be held in October
at Lochmaben-ftane, Hawden-Stank, and Reading- burn t.

* The three firft articles of the original treaty of 1424, (above p. 389, &c.) and copied thence in
all the fubfequent treaties are not in this ; nor the article prohibiting trie (hips of one country to Hop
the navigation of thofe belonging to the other, which -appears in ail the treaties fince that of 1454
inclufive (above p. 414.). The article alfo requiring, that the wardens and men of note near the
borders fhould fwear to the obfervation of the truce, (above p. 4^4. 412.) and continued in fub-
fequent treaties is here omitted. Such oaths in (he prefent Hate of the borders would have been
of hard digeftion and ill kept ; which was indeed too much the cafe at all other times.

The confervators of this truce on the part of Scotland were, David earl of Crawford and lord
Lindfay, George earl of Huntly, lord Gordon and Badenoch ; John lord Darnely, John lord
Kennedy, Robert lord Lile, Patrick lord Haills Laurence lord Gliphant, William lord Eoithwick,
lohn Rofs of Halkhede, John Lundy de eodem, James Ogilvy of Airly, Robert Hamilton of
Fingalton, William Belzie of Lammington, John Kennedy of Blarquhan, John Wemyi-. de eodem,
William Rtithven de eodem, and Gilbert Johnfton of Elphinilon, knights; John Dundas de eodem,
]ohn Rofi'e of Mongrenan, and Edward Cricht n of Kirkpatrick, efqrs. For the king of England
the confervators were, John earl of Lincoln, Henry eail of Northumberland, Ralph lord Nevilie,
Ralph lord Grayflock, Richard lord Fitzhugh, John lord Scrope, Thomas lord Scrope of Mtifla,
Humphry lord Dacre, Richard Ratclifr", John Conyers, E Imund Haflings, Robert Conftable,
Hugh Haflings, William Evers, John Huddelfton, Chriilopher Morefby, knights ; William
Mufgrave, William Claxton, Richard Salkeld, efqrs. and together with thefe, all the admirals and
wardens of the marches of both kingdoms.

f The great commiiTioners for the middle and eaft marches weie, on the part of England, the
earl of Northumberland, lord Grayflock, lord Scrope of Mafham, Sir William Gafcoyne, and
Sir Robert Conftable ; on the part of Scotland, the earl of Angus, the earl of Huntly, the earl of
Argyle chancellor of Scotland, lord Annandale, lord Seton, lord Oliphant, and the laird of
Stobhall, or any three of each lift. The inferior clafs of commiflioners that were to hold a meet-
ing at Hawden-Stank on the 18th, and at Reading-burn on the 2 ill of October, were, on the
fide of England, Sir Henry Percy, Mr. Alexander Lee, John Oirtington, Nicholas Ridley, and
Robert Colingwood ; and for Scotland, Alexander Hume, Walter Carre, David Scot, George
Hume of Ayton, James Rutherford laird of Rutherford, and Andrew Ormellon laird of Ormefton,
or three of each lift. A meeting was alfo to be held for adjufting the bounds of Dunbar, and re-
drafting wrongs that had been committed there. There is an unufual article in this convention,
appointing fafe-condticls to be given by each kisg to a fubjeft of the other whom his own fove-
reign fhould name, allowing the perlon thus named, and twelve in his company, to carry what
merchandifea they pleafcd into the neighbouring kingdom, and to pafs and repafs with them fafely
during all the time of the truce now concluded.

ENGLAND AND SCOTLAND. 45 ,

In confequence of thefe tranfcctions, the caufe of the duke of Albany being J»<*« w.
abandoned by his old and intimate friend Richard, the duke retired into ^' °^ c ^ Ln ^
France ; where he died not long after, of a wound he received at a tournament. »+84.
But his late friends and dependants on the borders, were ill-difpofed to
obferve a treaty which implied a total fubverfion of their immoderate views.
And hence the truce was fo badly kept, that, as if it had not exifted, a com- RyBi.ib. P .* 5J ,
million, in the following December, was given by Richard to fbme of the moft Be*.*,
eminent* men on the marches, to negociate, either conjunctly or apart, with
any having commiflion from the king of Scotland, a truce for any convenient
and moderate time; during which hoftilities fhould ceafe every where by land
and fea, between the fubjects of the two kingdoms ; and they (hould treat one
another with fuch mutual ads of friendfhip, as had been ufual in former times
of truce between the nations. In the beginning alfo of the following year, AD t .
Sir Richard Ratcliffe knight of the king's body, Nicholas Ridley efquire of Jan. 3 o.'
the fame, and John Carington efquire, as commiflioners from the king of n ' , P'*5**
England, were empowered to treat with others from the Scottifh king, con-
cerning the belt means of rendering effectual the feveral articles of the treaty
lately concluded at Nottingham, and of redrefiing the wrongs that had been
on either fide committed, in violation of it. For carrying on this work, they n,, p . »66, zGfi
had a power of fixing diets for march-meetings ; in confequence whereof
Ratcliffe and Ridley, with fome others f , commiffioned by Richard, were to
have a meeting in the following fpring, with commiflioners from the king of
Scotland, at Lochmaben-ftane, or in the neighbourhood ; from which it would
feem, that the principal excefles had been committed on that fide of the
borders.

In the mean time the king of Scotland was advifed by his parliament,
which met in February, to undertake the liege of the caftle of Dunbar-, and
as the fame parliament declared their approbation of the truce, and of the
intended match between the duke of Rothefay and Anne de la Pole, it may Aberc. vol. tt.
be concluded, that Tames, in fix weeks after the truce began, had, as the £-, * 6 S- ! TOrtt

** * o * * Black, Acts

treaty concluded at Nottingham required, notified to the king of England, his f i. 70.
intention of befieging the caftle, after the expiration of the firft fix months of
the truce. The parliament advifed him to begin the fiege by the firft of
May ; at which time all on the fouth of the Forth, that owed the king mili-
tary fervice, were appointed to repair to the place, with proper arms and
accoutrements, and provifions for twenty days; and on the 18th of that
month, thole on the north of the fame boundary, were ordered to be alfo at
the fiege, to fhare with their countrymen the labour and hazard of the enter-
prife. But notwithstanding of this appearance of proceeding by forcible Buchanan.

Holing(hed»

* Thefe were, Humphrey lord Dacres, Richard de Salkeld, John de Crakenthorp, and Wil-
liam deMufgrave, for the weft march ; and Sir Henry Percy, Sir Thomas Gray, John de Carting-
ton, Robert Colingwood, and John Lilburn, for the eaft and middle inarches.

■f The other Englilh commiflioners were, Thomas Metcalf chancellor of the du'chy, William
Claxton, and Nicholas Salkyld. The Scotch commiflioners were, lord Kennedy, lord Lifle, Alex-
ander Hume, David Scot, Mr. John Ireland, Mr. Alexander Stuart, Sir Gilbert Johnfon, and
John de Murray.

M m m 2 methods,

45 « THE BORDER^HISTORY, &c.

Richard hi. methods, it doth not appear that any fnch were attempted during the life of

K^ofEngUn^ Richard ; who, according to fome hiftorians, amufed his neighbour-monarch

14S5. with fair promifes, in anfwer to repeated folicitations from him to reftore his

caftle, without obliging him to have recourfe to fuch violent proceedings as

were unbecoming the prefent friendfhip of the kings, and the profpe<ft of a near

relation betwixt their families.

tug. as. j n (he month of Auguft following, the miferable dream of fovereignty

which had harafTed Richard during a fhort reign of two years and two

months, came to an end together with his life, in the field of Bofworth. The

general abhorrence againft the tyrant, together with an engagement, that

Henry Tudor earl of Richmond had come under to marry Elizabeth the eldeft

daughter of Edward IV. and thus to unite the claims of the two rival houfes

of York and Lancafter, confpired to aid a very lame title which that earl haJ

to the crown as the heir of the family of Lancafter ; fo that, with an almoft uni-

verfal confent, he was raifed to the throne, under the title of Henry VII.

THE

B O R D E R-H I S T OR Y

O F

ENGLAND and SCOTLAND.

BOOK VII.

DURING the commotions attending the great revolution, by which
Henry VII. was raifed to the throne of England, it is probable that an
objecT. fo remote as the caftle of Dunbar had been little attended to; and
James availing himfelf of fo favourable an opportunity, laid fiege to it in
winter, and obliged the garrifon to furrender on terms. In the following
fummer a truce was concluded at London between the new king of England,
whofe temper was always pacific, and James the king of Scotland, who had
ftill the fame reafon, from the difcontents of his nobles, to cultivate peace
with England. This truce was to continue three years, from the third of
July in the prefent year: and the general articles of the treaty differ very little
from thofe in that concluded between James and Richard, in 1484; there
being alfo the fame omifilons in it of articles that had been inferted in former
treaties.

With regard to fugitives from Scotland *, who had become lieges of the
Englifh king, and whofe names had, agreeably to the treaty at Nottingham,
been fent into Scotland, it was now agreed, that they mould be obliged by the
Englifh to obferve the articles of the prefent truce ; and that any wrongs com-
mitted by them againft the fubjects of the Scottifh king, fhould be redrefied
in the fame manner as if they had been committed by the original fubjects of
the king of England: the fame rule being obferved on the part of the king
of Scots, if any Englishmen had before thefe times fworn fealty to him. What
is of a more particular nature in this treaty, relates to the town and caftle of
Berwick. Thefe, together with their bounds, were to enjoy a truce of one or
three years, according to certain events and circumftances declared in the pre-

• This article concerning fugitives of cither kingdom, becoming fubjetts of the other, is con-
tinued in fubfecjuent treaties.

3 fent

Henry VII.
K. of England.

James III.
K. of Scotland.

* * '

1485.
Aberc. vol. ii.
p. 46S.
Buchanan.
A.D. i486.
July 3.
Rym, ib. p. iS J-

Above, p. 4-?9*

45+

Henry VII.
K. of England.

«— „ 1

i486.

(*) Afterwards
nrchbirtiop of St.
Andre wt.

THE BORDER- HI STORY OF

fent treaty. For, it was thereby agreed, that, on the 8th of March entiling,
with continuation of days, ifrequifite, a diet fhould be held on the marches
between commilTioners from each king; who fhould be inftructed and im-
powered amicably to determine the bounds to be pofTefTed by the inhabitants
and garriibn of the town and caftle, agreeably to their extent and limits,
during former truces, while thefe places were in the hands of the king of
England-, or if a clear proof could not be obtained of the precife extent of
thefe ancient boundaries, the commilTioners fhould then in a friendly and equi-
table manner fettle new ones. It was farther agreed, that, if queftions and
differences on this head were not determined by the commilTioners before the
8th of April, in that cafe the prefent truce fhould expire at the end of a year
from its commencement ; but, in order, if pofTible, to prevent this difagreeable
event, theEnglifh commilTioners at the abovefaid diet, after having fpent fome
time on its particular bufinefs, fhould, whether they had finally determined it or
not, proceed to the city of Edinburgh, in hopes of bringing it to a reafonable
conclufion there, before the 8th of April; and alio to treat of a clofer friend-
fhip and longer truce between the kingdoms •, and in that view, to negociate
a marriage-treaty between {a) James marquis of Ormond, the king of Scotland's
fecond fon, and Catherine third daughter of the late Edward IV. of England.
In the mean time, it was agreed, that, whether the truce fhould continue
three years or one, the town and caflle of Berwick, with their limits and
inhabitants, fhould be comprehended in it ; fo as that the king of Scots fhould
abftain from all manner of hoftilities againft them, and the king of England
fhould not allow his fubjects in the town, caftle, or bounds, to commit any
hoftilities againft Scotland f.

This treaty was ratified by the king of Scotland towards the end of the fol-
lowing October ; but it is probable that the meeting appointed by it, in the
following fpring, in the neighbourhood of Berwick, was either prevented or
difturbed by the rebellion of Lambert Simnel. For, in the courfe of the
winter, that young impoftor, peribnating the earl of Warwick, fon to George
duke of Clarence, made his appearance in Ireland ; and, from the affection

+ The commiffioners who negotiated this truce were, on the part of Scotland, William bifhop
of Aberdeen, John lord Bothwell (Ramfay James W.'s favourite), John lord Kennedy, knight?,
Robert abbot of Holy Rcod Houfe, Archibald Whitclaw archdeacon of Lothian, fecretary, and
John Rofs of Montgrenan ; on the part of England, John of Worcefler and John of Lincoln
bifhops, Friar John Wifton prior of the order of St. John of Jerufalem in England, and John lord
Dynham, knights, Thomas Lovel trettfSter of the king's chamber, and Mr. Henry Ainfworth
LL. D. canon of Lincoln, fccondary in the office of privy-feal.

The confervators of this truce were greatly reduced from the number ufual in all the treaties fince
the reiteration of James I. They are only here the wardens of the marches, their lieutenants, the
admirals of the ft a ard keepers of the marches on each fide. The wardens of the marches were,
on the fide of Scotland) Archibald earl of Angus, lord Doughs, for the eait and middle, and John
lord Maxwell for the weft march; and on the fide of England, Henry earl of Northumberland, for
tin: eal'. ard middle, ard the lord Dacres for the w. ft march. Their powers as in former truces.
The iMllinctic.j bit - en gardiani 13 cu/tcdes mnrchiarinn appears firft clearly in this treaty ; find the
tufiodes ap| ear alio to have been different from the locatenentes of the wardens. Befides the ivardeni
the other confervators are thus expreffed : et eerum localensntu, & emms admit alii maris, 13 cuj-
todes m-archiarum. See below, ad ami. 1522.

ENGLAND AND SCOTLAND. 4-5

of the inhabitants of that kingdom to the ho ufe of York, was, almoft unani-
mo'jfiy, acknowledged bv them as their fovcivi»n. John dc la Pole, earl of '-. _ '"j
Lincoln, whom the lace king Richard, on the deccale of lis own fon, had a. d. 1437.
declared apparent heir to the thror.e, joined in this rebellion-, accompanying
to Ireland a body of two thouland German mercenaries, Whom Margaret
duchefs dowager of Burgundy, litter of Edward IV. and the implacable foe
of Henry, lent over 10 alii ft the impoftor. The alarm and danger from this
rebellion were not over tdl about Midlummer ; when the rebels, who had
landed from Ireland in the beginning of June, received a total defeat in the
battle of Stckefield near Newark on Trent. According to the late treaty, if
differences were not adjufted about the bounds of Berwick before the fc'th of
April in this year, the truce was to expire on the 3d of the eniumg July; and Fym vol> x;; ,
tluc it did expire, appears evident from a convention made at Edinburgh, in p. 3» 8 >
the end of November, between commiiiioners from the two kings J, wherein
rr.ent.cn is made of a truce that had been lately concluded at Edinburgh, and
was .to continue to the third of July in the following year. While Henry was on
a progrds through the northern counties, carrying on a fevere inquifition againft
thole concerned in the late rebellion, he fent from Newcaftle * into Scotland
Richard Fox bifhop of Exeter, and Sir Richard Edgecombe comptroller of
the houfehold, to treat with James about finally compofing all quarrels be-
tween the kingdoms. The propoials for this purpole were very ftrange:
whether we conlider them as coming from Henry, or hearkened to by James.
Befides the marriage between the marquis of Ormond and Catherine -f the
third daughter of Edward IV. which was mentioned in the treaty of laft
year •, a marriage was now propofed between James himfelf and Elizabeth the
widow of Edward, and another between the duke of Rothefay and any
other daughter of Edward, whom the two kings Iliould chufe. It is true,
Elizabeth was the mother of Henry's queen, and of the two Englifh princefTes
now propofed to be married to the two princes of Scotland. But a factious
hatred and jealoufy of the houfe of York had got the afcendant in Henry's
mind, over all fenfe of intereft and decency •, inlomuch that his marriage with
Elizabeth was vifibly a force upon him, and he ever treated her harfhly ;
though, as lord Bacon obferves, fbe was beautiful, gentle, and fruitful.
jNor would he fuffer her to be crowned, until the rebellion of Lambert Simnel
convinced him of the univerfal and dangerous offence he gave by delaying it.
On the breaking out of this rebellion, he had fhut up the queen-dowager in a
nunnery, on fuipicion of her being privy to it, and had feized into his hands
all her eftate and treafures, which were very great. He kept her in this-
confinement all the remaining part of her life-, and in this fituation fhe had
beta many months befote the propofal now 'made of marrying her to the king
of Scotland. Tie knew her to be a woman of fpirit, refentment, and political:

J Thefe were, Carlifle herald for England, and Sn~ivdon herald for Scotland.
* He came to that place about the middle of Auguft. Stowe, p. 472.

+ She was afterwards married to the vifcount Wills, and afterwards to Sir John Xyme, an
tibfcure gentleman in the Lile of Wight. Carte, vol. ii.

intrigue ^

45<S THE BORDER-HISTORY OF

^Henryvn. intrigue; and had {lie become James's wife, and her two daughters the wives
. ' " " £ "" .' of his ions, Scotland would naturally have become a lancluary of the friends
*4*7. of the houfe of York; and Elizabeth would have improved the old connexion

between Scotland and France, and every other circumflancc to difirets Henry ;
whofe hard treatment it was not likely that fhe would ever forgive. On the
other hand, it is equally ftrange, how James, a man not thirty-five years of age,
fhould have thought of marrying a woman who was at that time feveral years
above forty, and muft probably have been broken in health and fpirits by the
feries of misfortunes fhe had gone through. He muft alfo have heard of the
ftrong fymptoms of averfion that Henry had fhewn to the houie of York,
which made it altogether improbable that the projected alliances with that
houfe, fhould prove a mean of cementing union and friendfhip between the
kings. James appears to have had a vehement defire of recovering Berwick,
which Albany and his faction had given up, while the king's authority was
annihilated. And in the convention now in queftion, the teftoring of Ber-
wick is mentioned as the remit of the amicable termination of the differences
between the kings, and of their near alliance; though it is likely that Henry
never fcrioufly intended to quit with that place ; and that the prcipecT: he gave
of reftoring it, as well as of the feveral intermarriages, was intended only to
amufe. It was agreed, however, that for the farther treating of thele matters,
and bringing them to a conclufion, a diet that had been before fixed, fhould be
held at Edinburgh on the 24th of January, and that at this diet another fhould
be fixed to be held in the month of May, and that in July there fhould be a
perfonal interview between the kings, in order to a fuller communication of
their fecret views, and the confirmation and increafe of friendfhip between them-
felves, their kingdoms, and fubjecis. It was alfo agreed, that the prefent
truce, which was to have continued until the third of July in the year fol-
lowing, fhould be prolonged to the firft of September in the year 1489;
and that, with regard to the town and caftle of Berwick, and their limits, as
well as in every other refpeel, the conditions of it ihould be the fame as thofe
of the late treaty at London.
a. d. 14S8. Jn the following January, but after the day of the diet mentioned in the
Ryn[. a ib.p% 3 4, l ate convention, Henry earl of Notthumberland received a commiffion to treat
of a peace or truce with the king of Scotland or his commiffioners; and had
power given him to depute others to manage this negotiation, either in his
ib. p. 340. own prefence or abfence. In May alfo a commiffion was given to two perfons
of inferior rank J to treat with the Scottifh king, or fuch as fhould be deputed
by him, about a peace perpetual ; or, during the lives of the kings, a truce,
confederacy, and freedom of commerce : but there is no mention, in either
Feb ». of thefe commiffions, of the marriages that had been before propofed. During
■ p " 33 *" this period, alfo, a fafe-conduct was granted to twelve perfons, and their
retinue, coming as ambafiadors from the Scottifh king to the court of Eng-

t John Baltefvyell LL. D. and clerk of the king's council, and Henry Wyot treafur.'r of the
jewels.

land }

ENGLAND AND SCOTLAND. 457

land*-, and a commilTion was renewed to lord Dacres, and others, to fettle James nr.
with commiffioners from Scotland, certain differences that had ariien about the ^ cfSc < "' : "" 1,
fifh-garth in the river of Efk. Thefe are proofs, and the laft that appear in 1483.
the courfe of James's reign, of a friendly intercourfe between the two kings;
but there is ground to fufpedt, that Henry was alfo in fome fecret correfpond-
ence with that party of the Scottifh nobles who openly rebelled this year
againft their fovcreign ; for there were letters of fafe-conduct -J-, and a fpecial
protection granted by him, in the month of May, with the advice of his
council, to feveral of the heads of that faction.

For it was about this time that the mutual hatred and continual jealoufies
between James and a great pare of his nobles, produced an open aggrefiion
on ;he part of the latter. The unfortunate monarch dill retained his weaknefs
for favourites •, Ramfay, whole life he had preferved at Lauder, by the moll Buchan. 1. 1»,
earned in treaties, when the reft were torn from him, he made a lord, and c ' ss '
beftowed on him the office of matter of his houfehold ; and is faid to have
ifiued an edict, forbidding all others to appear armed at court, except this
minion and his dependents. In the two preceding parliaments, fevere laws
were made againft malefactors and difturbers of the public peace; and the
king had folemnly promifed to the parliament that met in October, to give
no pardon to thofe guilty of the more heinous kinds of crimes, for feven years
to come. Thefe acts chiefly affected the mutinous lords and their followers,
and above all, the inhabitants of the borders. The king had alfo propofed to
annex unalienably to the crown the earldoms of March and Annandale, with
the baronies of Dunbar and Colbrandfpath, which had been pofiefied by his
brother the duke of Albany, and ferved to render his difaffection fo formid-
able. All the dependences of thefe earldoms, and particularly the caftles of
Dunbar and Lochmaben, and the tower and fortrefs of Colbrandfpath, were
to be veiled in the king ; and any gift of them made by himfelf or fucceffbrs,
without the confent of parliament, was to be in itfelf null, and revokable at
pleafure. To this annexation, the reprefentatives of the burghs appear alone Arts of pota-
to have given their fanclion ; but a project of that nature, which threatened J^? G i' n "
the introduction of a feverer difcipline than the banditti of the borders had p. 78.
ever been accuftomed to, could not fail to give a great alarm, and excite a
furious refentrnent. By an annexation of a different kind, that of the ancient
priory of Coldingham in the Mers, to the king's chapel of Stirling ; which
James had lately made, and for which he obtained the fanflion of his laft
parliament, great offence was given to the Humes and Hepburns, who were

* A former commifTion had been ifiued for this effeft, on the 14th of the preceding Oclober.

■f The perfons named in this fafe-conducl are, Robert bifhop of Glafgow, George bifhop of
Dui'.keld, Colin Campbell earl of Argyle, chancellor of Scotland, Patrick lord Haills, Robert lord
Lille, Matthew Stewart matter of Dernlee, and Alexander matter of Hume. Argyk, Hail's, and Lille,
are mentioned by all the hiftonans as of the number of the rebels; and alfo loid Hume, father,
it is piobable, to the matter here fpoken of. Was Matthew Stewart of Dernlet: fon to the earl of
Lenn< \ ? W iiich earl is alfo mentioned as one of the rebels. In Pope Innocent's bull for sbfolving
the rebels, mention is made of certain lords, fpiritual ds well as temporal, being amongtt them.
It is probable, that the bifhops of Glafgow andDunkeld were two of thefe fpiritual lords. Aber-

eromby, vol. ii. p. 482.

N n n at

458 THE BORDER-HISTORY OF

K. He f e V "nd at tnat t * me ver y P otent an ^ numerous in the Mers and Lothian, and refented
v '° . " ga " .' it as a grievous injury, that an opulent monaftery mould be fupprefTed, of
1488. which, ibme younger fon of their families ufed to be prior ; and that its
poflefllons and revenues intermixed with their eftates, or payable out of them,
mould be put into hands that would afiert all their claims with rigour. The
difaffected barons were alio alarmed with the appearance of the intimate cor-
respondence and friendfhip between Henry VII. and their own king; on which
they afterwards, in the act of parliament they obtained for their vindication,
founded a charge of James's purpofing to introduce Englishmen into the
kingdom, and perpetually to fubjecT: it to England ; nor was it unnatural for
them thus to accufe him of a method of obtaining protection from England,
that fome of themfelves had, in concert with the duke of Albany, not long
before pradtiied. James was alfo charged with decoying to Edinburgh, by fair
promifes and pretences of reconciliation, the heads of the rebellious faction,
and propofing there to the earl of Angus to cut them all off; and this mare,
Buchan. 1. 12. they are faid to have dcaped by the addrels of Angus, who promifed to fup-
c - s6< S7- p 0rt with all his might the king, in a courfe of judicial proceedings againft

them; but having immediately after joined them, broke out, in conjunction
with them, into open rebellion. It feems fufficiently evident, that the king
had formed a fcheme of depreffing the power of his nobles; following therein
the example of his ally Louis XI. of France, but without either the talents or
ftrength that were neceffary to fucceed in lo difficult an enterprife : and as
monarchs who are fond of extending their power, are feklom Scrupulous about
the means, it is probable, that James alfo imitated Louis in his perfidy, it being
affirmed in the famous adl: already referred to, that certain articles which he
had fubfcribed with his hand, were divers times broken by him. But, what-
ever were the genuine merits of this caufe, it is certain, that the greateft part
of the country on the fouth-fide of the Forth, and a confiderable part alfo of
the northern counties, took arms againft their fovereign. Their principal
leaders were, the earls of Angus, Argyle, and Lennox, the lords Hales,
Home, Drummond, Liflr, and Gray, who, in order to give a more favour-
able colour to their rebellion, got into their hands James duke of Rothefay,
the king's eldeft fon, a youth then about fifteen years old, and prevailed with
him to appear at their head, by perluading him that his father was engaged in
meaiures equally ruinous to his family and kingdom ; and alfo, even by threa-
tening him, if he abandoned them, to deliver up the kingdom to the Englifh.
The rebels foon poffeffed themfelves of the fouthern counties, and reduced
the caftle of Dunbar ; but the king retained the caftles of Edinburgh and
Stirling, which his adverfaries were noways provided for befieging. As his
fubjects on the other fide of the Grampian mountains continued loyal, he
made a vifit in the beginning of the rebellion, to that part of his kingdom,
and engaged the northern lords to bring up their dependents to his aid. He
was carried to the northern coaft by Sir Andrew Wood, a famous fea captain
of that age, who commanded fome fhips in the Frith of Forth, and was
entirely in the king's interefts. By the fame conveyance he was brought back
again, and landed at Blacknefs ; where an army foon affembled around him,

partly

ENGLAND AND SCOTLAND.

partly from the north, and partly from fome counties of the fouth and wed,
where he was (till obeyed. The rebels came up to him here, but an agree-
ment was made by the interceffion of the earl of Athol, the king's uncle, who
gave himfelf up an hoftage to the lord Ha'es for the obftrvation of it. This
agreement the king is faid to have broken, on which his adverfaries ran again
to arms i and would thenceforth hearken to no terms of accommodation,
unlefs he fhould firft refign his crown to his fon. The king, however, kept
himfelf ffiut up in the caltle of Edinburgh ; having fent ambaffadors to the
kings of England and France, and alfo to the Pope, to beg their interpofition
and aid. But the help expected from thefe quarters was too diftant •, and the
temerity of the king, or ill advice of thofe around him, precipitated him into
a meafure that proved his ruin. Judging Stirling a more proper place for
meeting a numerous army, that was coming to his affiftance from the north,
he abandoned the cattle of Edinburgh ; but when he appeared before that of
Stirling, the governor, Shaw, refufed to admit him. The rebels watchful
over all his motions, came quickly up with him ; and although he was inferior in
numbers, and might have been taken onboard the mips of Sir Andrew Wood
in the Firth, he refolved to rifk an engagement. The firft attack from the
king's forces was vigorous, and made the main body of the nobles to give way;
but the borderers inured to war, and carrying longer lances than thofe on the
king's fide, coming up under the lords Angus and Home, foon determined
the fate of the day. The king's main body was put to the rout, and he him-
felf flying from the field of battle, retired into a mill, where he was found
and murdered by fome of his purfuers.

This revolution in Scotland was followed by inteftine commotions, that
continued a confiderable time. James IV. was crowned foon after his father's
death ; but the late loyalifts could not bear the thoughts of the young king,
together with the adminiftration of the government, being wholly in the
hands of the rebellious faction. Some alfo of thofe who had been engaged
in the rebellion deferted their afibciates, and joined the adverfe party *. But
this party, after fome ineffectual efforts made by them, were all either fubdued
or reconciled. The kings of England and France were fo much engaged about
the affairs of Bretagne, the latter in attempting to fubject that province, the
other in endeavouring to preferve it to the old duke and his daughters, that
neither of them could give much attention to the affairs of Scotland. The
Scottifh hiftorians celebrate the exploits of their famous fea-commander Wood,
in deftroying fome Englilh (hips of greatly fuperior ftrength to his own, that
were fent to infeft the Scottifh coafts, and diftrefs the rebels ; but there is not
the leaft mention of thefe things in the Englilh writers. It feems alfo evident,
that Henry, whofe views were ever pliable to circumftances, and to events that
did not admit of alteration, was foon in friendfhip with the earl of Angus,
who may juftly be confidered as the head of the Scottifh rebellion •, for in
February of the following year, he granted a fafe-conduct to that earl going
with a great retinue on a pilgrimage to Amiens, wherein he calls him his

459

timet Til.
K. of Scotland.

James IV.
K.. of Scotland.

going A .D.t 4 J 9 .

• Holingfhed mentions the earl of Lennox and lord Lille.

N n n z

well-

4 6o THE BORDER-HISTORY OF

Henry vTi. well-beloved. In the firft parliament after the king's acceffion, Angus was

x. of England. Qne ^ thofe who were appointed to exercife juftice and preferve order in the
1489. different provinces of the kingdom, during the king's minority. Angus's

Rym.vci.xii. djft r ift confifted of the mires of Tiviotdale, Tweddale, and Clidefdale. Mers

otiober. and Lothian were that of the lords Home and Hales. The war in Bretagne

juft mentioned, had alio an indirect: influence in hastening the fate of a famous

border-chieftain, on the fide of England. A tax, heavy and unufual, had

been impofed by the Englifh parliament, for defraying the expence of fending

carte, vd. ii. f orces to the aid of the duke. The people. of Yorkfhire and the county of
Durham, who, from the affection they had borne to Richard III. were bad
fubje&s to Henry, refufed payment, and maltreated the collectors. The
earl of Northumberland, who was at that time prefident or lieutenant of the
north, reprefented the ftate of affairs to the king; but in return, received
exprefs orders not to make the leaft abatement of the fums impofed. Thefe
orders the earl communicated to a meeting of the principal perfons of the

Vital;* Man. country •, and, in an imperious manner, declared his refolution to fee them
April is. executed: which being foon made public, fo enraged the people, that a

»u^. U i?»ga. multitude of them affaulting the earl in his houfe of Cockledge near Thrifke,
put him to death, together with feveral of his fervants *. An infurreclion
followed, which was foon quafhed by Thomas Howard earl of Surrey ; whom
the kino had a little before delivered from prifon, and received into his favour
and confidence.

The laft truce between England and Scotland, that appears in printed
records, was to expire in the beginning of September 1489 ; nor does ic
appear, notwithstanding the diforders in Scotland, that this truce was violated
on the borders. The border lords were the chiefs of the faction that d-pofed
James-, and the difficulties they found in fupporting their authority in the in-
teriour and remote parts of Scotland, made it neceffary for them to maintain
peace with England. Henry's pacific character, and the employment the
ambition of France gave him on the continent, made him equally averfe to
hoftilities on the fide of Scotland. Thefe motives had confpired to produce a
prolongation of the truce beyond the term abovementioned-, though it is not
known at what time this continuation was concluded. But the period of it
had not been long, as is evident from a new treaty of this kind concluded at
Coldftream, in December 1491, to continue five years from the date of its
figning -f-.

Rjm.vo]. xii. This treaty of a truce, to continue five years after the date of its figning,

* -4 s * and the articles whereof are copied in feveral fubfequent ones, is much fhorter

* Dr. Percy, in his reliques of ancient Englifh poetry, publifhes Skelton's epitaph on this earl,
written loon after his death. Skelton. who commonly fl> lei hitnfelf Poet Laurent, di.d in 1529.
He repreltnts the earl's domeilics, barons, knight-, and enquires, as deferting their matter, nnd
flying, being in concert with the commons. Rel. Eng. Poet. vol. i. p. 1 10, ill, 112.

f The negociators of this truce were, on the part of Scotland, William bilhop of Aberdeen,
William lord of St. John, Alexander Inglis archdeacon of St. Andrews, John Hume of Arfeltou,
and Patrick Hume of Fafl-caflle ; and, on the part of England, Richard bifhop of St. Afaph,
Sir [ohn Grayftock lord of Grayflock, Chriflopher Urfwick dean cf York, John Cartington efq.
and Edward Ratcliff.

than

Dec. ar.

ENGLAND AND SCOTLAND. 4 6j

than thofe we have before given an account of. Inftead of the particular J am « IV ">
articles in thefe for the fecurity of navigation and commerce, it is here agreed,
that the (hips, failors, merchants, and other fubjects, of either of the princes, 1491.
in paffing or repafiing by land, lea, or frefh-water, whether in the cafes of
their converting, failing, flittering fhipwreck, or fojourning, fhould in every
refpect have fuch treatment and reception, as ufed to be given them in the
times of former truces between the kingdoms. Inftead alfo of the particular
regulations in preceding treaties for bringing to juftice malefactors and truce-
breakers, it was agreed in this, that fuch offenders fhould be feverely punifhed
in the fame form and manner as had been anciently eftablifhed. The Hot
Trcdd was allowed, as in former treaties. It was agreed alfo, that neither
prince fhould give aid or affiftance of any kind to the rebels or enemies of the
other; with this addition *, that if any fuch rebel or adverfary of either king,
actually refiding within the dominions of the other, fhould commit any
trefpafs to the damage of the territories or fubjects of that prince firft named,
in that cafe, the prince, in whofe dominions the offender was guilty, and was
afterwards received, fhould caufe reparation to be made to his neighbouring
prince, in the fame manner as if the damage had been committed by a fubject:
of his own. It was farther agreed, that if any pirates, fugitives, or exiles
of either kingdom, after having committed fpoil or depredation on the
goods of any of the fubjects of the fame, fhould put into any port of either
of the princes, the prince, whofe port he entered, fhould caufe fuch perlbns
to be fecurely kept, and themfelves and refetters to be delivered up to the
injured party ; or elfe caufe complete reftitution or redrefs to be made. It
was alio agreed, as in former treaties, that, by particular violations of this
truce committed either by fea or land, the truce itfelf fhould not be confidered
as broken or annulled, but that fuch wrongs fhould be redreffed according to
juftice: but the inconveniency of allowing particular perlbns to redrefs their
wrongs at their own difcretion, and by their own power, had been fo fully
experienced, that it was now eftablifhed and concluded, that, if any fubject
of either of the kings who had fuffered fpoil or rapine from a fubject of the
other, fhould on that account by his proper authority make prey, fpoil,
feizures, or diftraints, of perfons or goods, he fhould, on account of fuch
behaviour, lofe his caufe, and be farther punifhed according to the exigency
of his offence. This treaty contains alfo an article relating to Berwick,
wherein it is agreed, that the town and caftle, with the bounds and their
inhabitants, fhould be comprehended in the peace and truce now concluded,
through its whole duration; fo that neither the king of Scotland, by himfelf,
■or any fubject to him, fhould commit hoftilities of whatever nature againft

* " Si de fafto aliquis rebellis, hoftis, vel inimicus unius vel alterius principi?,exiftens vel futurus
" in regno, tern's, veldominiis alterius, eorundem tempore quo ibidem extiterit, aliquid fecerit per
*' terram, mare, vel aquas, dulces, ad damnum alicujus eorundem vel regr.orum, terraram,
" dominiorum, vel alicujus fubditorum fuorum, tunc ille priuceps, in cujos regno, terris, vel dominiis
" talis rebellis, hoftis, vel inimicus fie comrailit, & poftea recepcus fuerit, damnum illud reparari et
" refarciri faciat, ac fi proprius ligeus & fubditus ejufdem, bujuimodi damnum commiiifTet ant
*' perpetraflet."

thefe

4 6 2 THE BORDER-HISTORY OF

Henry vii. t h f e places or their inhabitants, or the king of England employ the garrifon,

K^ofEngUnd. ^ inhabitants, in any acls of hoftility againft the king of Scotland, his vallate,

149?- or fubjeets. It was alio agreed, that there fhould be a mutual abolition and

remiffion of trelpafTes againft all former traces, down to the date of the

preicnt|.

a.d. 1492. This treaty was ratified by the Englifh king, on the 9th of the following
month j but the king of Scotland availed himlelf of a provifo in the end of it,
by which either king had liberty to notify his difapprobation of it, to the lieu-
tenants of the wardens of the eaft marches, on the 15th of February enfuing,
or in eio-ht days thereafter. The court of Scotland was never long free from
French influence ; and this, in the prefent circumftances of affairs, muft have
been all employed to alienate James from his neighbour of England *. For the
French king, Charles VIII. having lately poffeffed himfelf of Bretagne, by
marrying the young dutchefs, who by proxy had been married before to Maxi-
milian the king of the Romans, had the ftrongeft reafon to apprehend the
refentment of Maximilian and his ally Henry. Perhaps alfo fome of the terms
of the treaty were difagreeable to James ; for in one foon after concluded for the
Ib * p ' * 73 ' (hort term of nine months, commencing from the 20th of February -j-, the article
is omitted, which appoints the fubfcriptions and feals of the prelates and nobles
of both kingdoms to be joined to the great feals of the kings. And, inftead
of a mutual abolition of claims, for the redrefs of paft damages, it is agreed,
that march-days fhould be appointed by the wardens, their lieutenants, or de-
puties, in the ufual places, for the redrefs of wrongs, paft and future, accord-
ing to the laws and cuftoms of the marches. It was alfo judged expedient, that

X This truce was to be proclaimed on all the more remarkable places of the borders, beginning at
Coldftream, on the day of the date of the treaty ; and on the Friday thereafter, being the 23d of
December, at Norham and Lauder; and fo continuing, wherever it was needful, and as foon as it
could re conveniently done, through the eight following days. Certain lords fpiritual and tempo-
ral were to confirm this treaty by their hands and feals j and the letters patent, containing it, under
the great teals of each king, and with the feals and fubfcriptions of the nobles, were to be delivered
for the Scottifh king to Sir William Tyler ; and for the Englifh king to Patrick Hume of Fafl-caflle.
Sir William Tyler has not here any defignation ; but in fubfequent treaties is called the king's lieu-
tenant, and captain of Berwick upon Tweed. Thofe who were to fubfcribe and feal the treaty
along with the king of England, were' the bifhops of Exeter, Ely, and Worcefter; the earls rf
Derby and Arundel, and the lords Dyrham, Audeley, Strange, and Dacres. Thofe on the part
of Scotland, were the bifliops of Aberdeen, Dunkeld, and Galloway, Colin earl of Argyle
chamellor of Scotland, Archibald earl of Angus, Patrick earl of Bothwell, and lord Haills, and the
lords Lille, Oliphant, and Drummond. It was agreed, that three perfons on each fide mould meet
in the Auguft following, in order to infpeft the Fiih-Garth upon Efk, and to adjuft the differences
about it; and alfo the bounds of the debatable lands. Lorn in Scotland, and Lundy in England,
are ftill excepted out of this truce.

* That James was not well difpofed towards Henry, may, perhaps, be inferred ftom the latter
making a bargain with certain fubjefls of the former in che fpring of 1 491, that thefe fhould deliver
James, and his brother the duke of Rofs, into the hands of the king of England. The projeft did
not take efFeft; and, perhaps, James difcovering, or fufpecting fuch under-hand dealings on the
part of his neighbouring monarch, was the lefs difpofed to cultivate friendfhip with him. Rym. vol.
xii. p. 440. Abercromby, vol. ii. p. 496.

; i'his fhort truce was negociated by Alexander Inglis archdeacon of St. Andrews, and Chri-
flopher Arfwick dean of York, who were two of the commiffioners employed in negociating
the former.

certain

ENGLAND AND SCOTLAND,

certain nobles and counfellors of both kingdoms fhould meet for the fame James iv.
effect, at Hadington in Scotland, or Newcaftle in England, on the firft day of t '° / ".'/" _',
the enfuing October. This treaty was ratified by James, on the 1 8th of 1492.
March ; and Henry, that he might not be difturbed by the king of Scotland
in his preparations for an expedition againft France, was glad to acquiefce
in it J.

About fix weeks before the king of England embarked for France, he Auguitu,
appointed plenipotentiaries for renewing or prolonging his truce with Scotland.
He had delayed his voyage until Odtober, that the advanced feafon of the year,
improper for adtion, and depriving him of the fuccours he was to have been
furnifhed with from Ferdinand of Spain, might ferve as an excufe for his con-
cluding a Hidden peace with the French king ; a meafure which he had
fully refolved on ; and it is probable, that the king of Scotland, being ac-
quainted with the pacific views of his neighbours of France and England, Rym.ib. p.^gj,
agreed the more readily to a prolongation of the rruce with the latter; the
treaty of which was figned at Coldftream *, on the very fame day that the
treaty of peace between France and England was figned at Eftaples. This
truce was to continue until the laft of April 1494 ; and the tenour thereof, in
articles of a general nature, and in the article relating to Berwick, is the fame
with that of the two preceding. The commiflioners, as was ufual, were not
only charged with negociating a new truce, but with treating of the repara-
tion of mutual wrongs. But on this head fuch difficulties had arifen, with
regard to injuries committed by water, that, after feveral diets, and long alter-
cations, they could come to no certain conclufion. It was therefore agreed,
that new commiflioners fhould be appointed by each king ro meet at Hadding-
ton and Berwick, on the firft day of Auguft next enfuing, in order to a dif-
cuffion of all fuch matters, and a complete reftitution of all things that, on
either fide, had been unjuftly feized or detained -f\

One principal reafon of Henry's concluding fo quickly a peace with France,
was the appearance of a new pretender to his crown, which the bufy and impla-
cable refentment of Margaret of Burgundy had lately railed up. This was the
famed impoftor Perkin Warbeck ; who, having firft fhewn himfelf in Ireland,
under the name and character of Richard duke of York, fecond fon of Edward

% Proclamation was to be made cf this truce, beginning at Coldftream, afterwards at Norham
and Lauder ; and in t .her places needful, as foon as might be in the . eht following days.

Carte fays, That in an Englilh parliament, which met Oclober 27, 1491, and in its lad
fefiion, which continued torn January 26th, to Match 5th in 149-1 an aft pafled, banifhing
all Scotchmen out of Englat d ; which was occasioned by the Scots having lately renewed their old
alliance with France, for which Lit fa£l he quotes Du Tillet as his authority. Carte, vol. ii.
p. 83;.

* I his place, both in this treaty, and in that of the 21ft of December in the preceding )ear, is
called Caldftrime upon Ttverd.

f The Scotch commiflioners for neoociating this truce, were VVilliam bifhop of Aberdeen, Wil-
liam lord of St. John, Alexander Inglis archdeacon of St. Andrews, Patrick Hume of Faft-caftle,
and William Ker of Cefsford. Thofe from England, were Richard bilhop of St. Afaph, John lord
of Grayllock knight, and John Cartington efq. Ratifications of this treaty were to be exchanged
before the 20th of February ; and that of the king of Scotland was to be delivered to Sir William
Tyler, or any other commanding at Berwick.

6 IV.

.464 THE BORDER- HIST OH Y OF

K^ofEneUnd. ^' ant * :ne a ' one rightful heir of the crown of England, was, in the beginning
v, --.-,_■ of the late war between France and England, invited over to Paris by Charles
'49*- VII L the French king, and there received and treated with all the honours
due to the name and rank he affumed. The peace with England obliging him
to abandon the French court, he retired to that of Flanders ; where Margaret
pretending, after the moft careful fcrutiny, to be fully fatisfied that he was the
real Richard, careffed him as her nephew, appointed him a guard, and heaped
upon him every mark of affection and efteem. Many of Henry's fecret ene-
mies, and of the devoted friends of the houfe of York, either entered into cor-
respondence with him, or paffed over to Flanders, and joined him openly.
Among the other means, which Henry diligently employed to flop the pro-
grefs of this mifchief, he was careful to (hut againit it the door of Scotland.
a. 0.1.193. With this view he fent ambaffadors to Edinburgh*, to treat of peace, or a
*^ai.ib.p.' S 3a, prolongation of the prefent truce. They had it alfo in their commiffion, to
attempt the cementing of a firmer friendfhip, by negotiating a marriage be-
tween the king of Scotland, and a coufin of Flenry, Catherine, daughter to
Eleanor countefs of Wiltfhire, who was the daughter of Edmond duke of
Somerfet, the king's uncle. It would feem, that the propofal of this match,
from its not being mentioned in the commiffion given to thofe employed by the
king of Scotland to treat with the Englifh ambaffadors, was not agreeable to
lb. p. 534. that monarch. A truce, however, was concluded for feven years, to be
reckoned from the expiration of the late truce of Coldftream •, that is, from the
laft day of April, in the year 1494. The general heads of this treaty differed
not from thofe of the three preceding ; but an article was now added, relating
to the reparation of wrongs committed on the fea, or frefh water, which had
not been fettled by the negociations of the late truce. Henry, though ex-
tremely covetous, was not fparing of his money, when any great intereft
required the expending it; and his commiffioners, certainly not without the
inftructions of their matter, feem to have bought this truce with Scotland; by
acknowledging, that the wrongs committed on the fea and frefh waters by their
countrymen, againft the fubjefts of Scotland, did exceed, by a great fum, the
amount of damages of that kind, done by the Scots to the fubjecls of England ;
and by agreeing, that the king of England fhould caufe payment to be made
before the laft of July next enfuing, of the fum of 1000 merks fterling, to the
king of Scotland, or any empowered by him to receive it, at the tower and
place of Wedderburn in the Mers. It was agreed, that the claims of the king
of Scotland being by this payment fully contented, there fhould be a mutual
abolition and remiffion of all injuries, committed by water, down to the day
of figning the treaty ; and that an abolition of the fame nature, of damages

* Thefe ambaffadors were, Richard bilhop of St. Afaph, Sir William Tyler, Henry Eynefworth.
dodlor of laws, and John Cartington, efq. Thofe commiflioned by the king of Scotland, to treat
with him, wer^, Sir John Rofs of Montgrenan, Mr. John Frefale dean of the king's chapel of Ref-
talrig, and cl.-rk ot hs rolls, regiiter, and council, and Richard Lawfon, cletk of the court of
judiciary. It is ftrange, that in acommiflion given, 23d April, before by the king of England, to
certain perfons, to negociate a peace or truce with Scotland, it fhould be faid, that the truce then
fubMing was only to continue to the 5th of the enfuing Oftober inclulive. Rym. vol. xii. p. 525.

committed

ENGLAND AND SCOTLAND. 4%

committed by land, fhould extend to the 24th day of November, in the pre- .. J*™ M " r ' J

,. <-.-.! • 11 ■,- j 1 1 1 • £-iiii K. 01 Scotland.

ceding year. 1. his treaty was quickly ratified by the king or England, and » _,

afterwards by the king of Scotland ; and Henry, in fulfilment of ir, tranf- M9j-
mitted the 1000 merks to Wedderburn ; which were there received, and dif- ib. p. 547, 54s.
charged on the laft of July, by perlbns properly empowered by the Scottifh
kings *.

In the following year Henry authorifed Richard Fox, whom he had lately a. d. 1494.
promoted to the fee of Durham, and who was much trufted and employed by
him, together with four others -f-, to meet at Coldffream, or any other conve- June 15.
nient place, with commiffioners from the Scottifh king, in order, if poffible, R) ""- vo1 .*"'
to conclude a perpetual peace, or longer truce between the kingdoms, and to
fettle the reparations due for mutual damages. A numerous train of ambaffa-
dors was alio lent this fummer by the king of Scotland to the Englilh court.
But in Spring 1495, Henry apprehending an invafion of adverfaries, both March «.
from Scotland and foreign parts, upon the north of England ; in order to ]b A D ; 6 J 4 9S-
oppofe it, gave a commiffion to Thomas earl of Surrey, vice-warden of the
weft and middle marches, under Henry duke of York, the king's infant fon,
to array and command all able-bodied and fencible men between the Tweed
and the Trent. The like commiffion was given to Richard bifhop of Durham
for the county of Northumberland, bifhoprick of Durham, and the king's
dominions of Tindale and Redefdale, together with the marches and places R y m. vol. xif.
adjacent to the diftricls before-named : and, two months after, Henry duke of ?• 5 e 9'
York, the king's fecond fon, was conftituted warden general of all the
marches ; and having, on account of his tender age, affigned, as deputies and
commiffioners under him, for the king and himfelf, with powers to difcharge
every thing pertaining to the office of wardenfliip, Richard bifhop of Durham,
keeper of the privy feal, Sir William Tyler J, captain of Berwick, John Heron

of Ford, John Cartington, and Radcliff. Thomas earl of Surrey is

mentioned in this commiffion as vice-warden of the marches, under the king
and his fon Henry; and was in this quality, by himfelf or deputy, making

* The publication of this truce was to be made in eight days afcer the date of the prefent treaty,
in all places of note near the marches; beginning from Edinburgh in Scotland, and Newcallle in
England : and the ratifications were to be delivered before the lad of July, for the king of Scotland,
to Sir William Tyler at Berwick ; and for the king of England, to George Hume at Wetherburn.

Thofe commiflioned by the king of England to carry this fum to Wetheiburn, were Geoffrey
Ellis, one of his chaplains, John Carre, porter of Berwick, and William Herrigate, one of the
accomptants of the king's exchequer. They were charged, befides this 1000 merks for indemnifi-
cation of wrongs done by the king's fubjedls to thofe of Scotland, to deliver 50 1. to the king of
Scotland, or his deputies, in the king's own name, and to receive difcharges for both thefe fums.
The perfons deputed by the king of Scotland, to receive the fum agreed by the treaty, were Henry
abbot of Cambufkennetb, John Frefdale, before mentioned, and George Hume of Wetherburn.
Their commiffion, and a difcharge for the 1000 merks, in the name of the king, sre both dated at
Haddington, on the lalt of July. But no difcharge appears for the douceur of 50 1. Rym. torn. xii.
p. 545. 547, 548.

+ Thefe were, Sir Thomas Dacre, deputy warden of the weft marches, under Henry duke of
York the king's fecond fon, Sir William Tyler captain of the town and callle of Berwick, Chtiftopher
Morefby, and John Cartington.

J In Perkin Warbeck's manifefto, publilhed on his entering Northumberland tvith the Stoltifh
army, Tjler is mentioned as one of the low fet employed and trolled by Henry.

O o ordinances..

4 C6 THE BORDER-HISTORY OF

Henry vii. ordinances, and concluding terms of agreement with commifTloners from the
K.of England. ^g ^ Scotland ; which eftablifhments the deputies above-mentioned were
M95- rmpowered to enforce, by punifhing thofe that tranfgrelfed them. But the
apprehenfion of an invafion from Scotland is particularly maniftft, from the
powers given to thefe deputies, to efcablifh and employ watches and fcouts to
give warning of the hoftile incurfions of adverfaries from that fide ; the expence
of which fervice was to be defrayed by the king's lieges in thofe parts, by a
voluntary afleffment of fuch reafonable fums as had been ufual on the like occa-
fions. The fan:e deputies were alio impowered and commifiioned to arm and
array all fenfible men on the marches, between the ages of fixteen and fixty;
and particularly thofe of the county of Northumberland and other places,
wherein the deceafed Sir Henry Percy, formerly warden of thofe marches,
had exercifed this power; and to lead thefe forces to the defence of the king-
dom and marches, and to the refcue, defence, and iafe-keeping, of the town
and cattle of Berwick, whenever this Ihould become neceffary. Perkin War-
beck, through difficulties, chiefly thrown in his way by the king of England,
had remained in Flanders until he had become a difagreeable gueft in that
country. The Flemings were provoked at the lofs of their profitable com-
merce with England ; which Henry had forbidden, on account of the protec-
tion given at the court of the young duke of Burgundy, then fovereien of
Flanders, to an open pretender to the Englifh crown. And, in the mean
time, Perkin's caufe had become almoft defperate in England, by the lofs of
fome of his principal friends, whom Henry had put to death; and by the fear
and general diftruft which thefe examples, and other arts of the king, had
diffuled among the reft. Unwilling, however, totally to abandon his preten-
lions and hopes, he refolved to attempt a defcenton England, accompanied by-
a band confuting chiefly of foreign adventurers, allured by the hopes of booty,
or retained by the great wealth of Margaret dutchefs dowager of Burgundy.
But this defeent which Henry feems to have apprehended in the northern
parts, was, in the month of July, attempted without fuccefs on the coaft of
Kent. A fmall number that ventured to go on fhore, from Perkin's fleet, were
feized by the people of the country; and, by order of the king, were almoft
all hung up on gibbets along the Englifh coaft, oppofite to the Netherlands. .
Perkin failed next to Ireland ; where his expectations were alio frultrated by
the wife precautions the king had employed to conciliate the affections of the
people of that country, and to draw off, from the fide of Perkin, the great
earl of Defmond, who had been formerly one of his molt zealous partiians.
A.D. i49«- Thus difappointed in England and Ireland, Perkin and his companions
failed to Scotland, which they found a more hofpitable climate. Henry had -
been endeavouring to fecure the friendfhip of the king of Scots, by offering to
Vjfr'eli.' 57 *' him, in the preceding fummer, his daughter Margaret in marriage * ; and the

fame

* Richard bithop of Durham, William of Carlifle, Thomas earl of Surrey, Ralph Neville
lord Neville, Sir Thomas Dacre of Dacre, lieutenant of the well marches, and Sir William Tyler
lieutenant of Berwick, had powers given them, on 23d June 1^95, to negotiate this marriage, and
fettle all its concitions. The lame commifuon was renewed to the fame perfons, on the 2d of Sep-

4 tember

ENGLAND AND SCOTLAND. 467

fame offers were renewed this year, after Perkin was actually received and James iv.
entertained at the Scottifh court. But the recommendations of thr dutchefs of ^° f Sc ° tl! "^ ,
Pjurgundy, accompanied, as fome rehte, by thofe of Charles VIII. of France, 1496.
and of the emperor Maximilian, were of greater weight than all the inffances
and offers or" the Englifh monarch. The perfon and addrefs of the young
adventurer were alfo remarkably engaging; and joined to his pathetic rela-
tion of his diftrcfles and perfecutions, made a deep impreffion on the heart of
a prince illuftrious for bravery and humanity. The perfuafion, indeed, ap-
pears, at that time, to have been very univerfal, that Perkin was actually
Richard duke of York; and James gave a ilrong evidence of his believing ir,
by giving him in marriage the lady Catherine Gordon, daughter to the earl of
Huntly, a coufln of his own ; and a woman of extraordinary beauty and virtue.
His council, however, were divided in their opinions, about giving him the
aid he iupplicated, in order to his entering England, and afcending the throne
of that kingdom ; but French counfels, and the ancient pronenefs to a war with
England prevailing, a numerous army was raifed ; at the head of which the
king himtelf, with the pretended duke of York, entered Northumberland.
A fpecious proclamation was emitted by the latter, aflerting his claims, re-
counting his kifferings, reviling the king in pofieffion ; and promifing hal-
C] on days of good government to his beloved fubjeds, when; by their faithful
fervices, he fhouH be railed to the throne of his ancestors. But Perkin's com-
ing with an army of Scots into England, and particularly into thofe parts of ir,
wiiere the national fpight was keeneft, was a circumftance very unfavourable
to his caufe ; and this, joined to the examples of feverity that Henry had made,
and the induftry he employed to convince his people, that his rival was an
impoftor, had foch influence, that it does not appear that a fingle Englifh-
man of conlequence came to join Perkin. The Scots, after fome delay, per-
ceiving that this was the caie, converted their expedition into a plundering
inroad •, and after having ravaged all Northumberland, returned home with
tl poils, upon hearing that a body of Englifli forces was approaching

towards them. It is related, that Perkin profeiling the tendernefs of a
fovereign tor his natural fubjects, endeavoured, by his interceffions with James,
to put a ttop to the rapine of the Scots; upon which the king beginning, by
this time, to fufpect the impofture, told him, that he was too folicitous about
what he doubted was none of his own ; and that it would be acting the part of
too good a fteward for his enemy, to fave the country for his ufe.

In the following winter Henry obtained from his parliament a fubfidy of A.D.i^r.
i?o,ocol. for defraying the expence of the war with Scotland; a greater fum
than ever had been granted for the like purpofe. As it was not to be levied,
unlefs the king himielf or his lieutenant fhould march at the head of an army, the
king immediately fent the lord Dawbeny northwards, with a confiderable body
of forces. But he was foon obliged to recal him, by an insurrection in Cornwall,
which was occafioned by the heavy tax lately impofed for raifing the fum jufl:

tember in the following year. In each of thefe commiffions, any two had a power to aft, whereof
the bifhop of Dm ham was to be one ; and a commimon was alfo given to the bifhop alone, of the
fame dat; with the latter.

O o 2 mentioned i

4 68

THE BORDER-HISTORY OF

Henry VII.
K. of England

1497.

Buchanarit

mentioned; the tinners being eafily perfuaded by fome incendiaries, that it was
moft unreasonable that they, who inhabited the remoteft corner of the kingdom,
fhould bear any (hare of the burden of repelling a Scottifh invafion. As the
fummer was well advanced before the defeat given to thefe rebels at Black-
heath, the king of Scotland feized the favourable opportunity of entering the
Englifh border. He employed part of his forces in ravaging the country ;
and with the remainder he laid fiege in perfon to the caftle of Norham. But
Fox, the bifhop of Durham, had taken care to put that fortrefs into a good
ftate of defence, and to furnifn it with a ftout garrifon. He even came him-
felf to the place, and made fo vigorous a refiftance, as fruftrated the utmoft
Koiingf. p. s8o. e fj orts f tne Scottifh king to reduce it-, although it fuffered confiderably in
the attack. Fox had taken the fame care to fecure the other ftrong places of
the country, and either to fhut up in them, or to remove to natural faftneffes,
the cattle and moft valuable effecls of the inhabitants; fo that the Scots had
not much more iuccefs in their marauding, than in their fiege.

In thefe circumftances the Scottifh king, having alfo received intelligence of
the fuppreffion of the Cornifh rebellion, and of the approach of the earl of
Surrey with the forces of the northern counties, thought proper to lead back
his army into his own kingdom. Surrey foon followed, and having entered
Scotland with a very confiderable army *, took the fmall caftle of Ayton ; but
a negociation for peace being immediately fet on foot, put a flop to his farther
progrefs -f-.

The king of England was fo intent on his favourite object of peace, that,
about the very time his army was entering Scotland, he gave a commiffion to
the bifhop of Durham, William Walham mafterof the rolls, and John Carting-
ton, to negociate and conclude an accommodation with the Scottifh king. To
open an intercourfe, and act as mediator betwixt himfelf and James, Henry em-
ployed Peter d' Ayala J, a Spanilh clergyman, who was at that time ambaf-
iador at his court from Ferdinand and Ifabella of Spain. D'Ayala was a man
of abilities, and entered with zeal and addrefs into this work ; which was
probably a part of his commiffion from his fovereigns. For Ferdinand, the
molt political piince of his age, although he had concluded a treaty of mar-
riage between Arthur prince of Wales, and his daughter Catharine, could
never ferioufly think of accomplifhing it, while a pretender to Henry's crown
was entertained and fupported by the king of Scotland. James however
refilled all the offers and felicitations that were employed to engage him to
deliver up Peikin into the hands of Henry; bur, judging his caufe defperate,
and perhaps at laft periuaded that he was an impoltor, he difmiffed, in fafety,
himfelf, his wife, and attendants, and furnifhed them with fhips to carry them
Sept. 17. over to Ireland. This obftacle being removed, James nominated commif-
f ym. vol, xii. fioners to treat with thofe from the king of England ; and D'Ayala adting as
f ' 673 ' meoiator in the treaty, a truce was concluded for feven years, commencing

Eym. vol, xii
?■ 677.

* Stowe feems to fay, that this army entered Scotland in July. Stowe, p. 479.
■f Some writers afcribe his retiring fo foon to itormy weather. Drummond, Bacon.
J He is ilyled Apoltolick Protonotary.

from

4*9

James IV.
K. of Scotland,

» , f

M97-

Above, p, 463,
461.

ENGLAND AND SCOTLAND.

from the 50th of September; the indentures whereof were on that day fub-
fcribed in the parifh church of Ayton.

The principal articles of this treaty were the fame with thofe of the fhort
treaties concluded fince 1491 ; but in fome particulars it was more explicit,
and fome things in it were new. The mutual protection to be given to thofe
failing and trading by fea, which, in the treaties juft referred to, is agreed to
be the fame that was ufual in the times of former truces, was by this, ordained
to be the fame with that which was agreed in the truce of 1464, between
Edward IV. and James III. The article alio concerning the punifhment of
the violators of the truce was rendered more explicit, in cafes where the guilt
was of the more heinous or notorious kinds. Manifeft and notorious mur-
derers were ordained to be committed to prifon by the wardens, and to be
there detained for twenty days immediately following the day in which the
crime was perpetrated •, and if, within that time, the murderers or their friends
fhould not have made an agreement and final compofition for the death of the
perfon flain, with thofe who were neareft to that peribn in blood, the wardens
fhould, in that cafe, on the expiration of the above-faid period, put the crimi-
nal to death. In like manner, infamous thieves, robbers, or other malefactors,
catched with the goods they had ftolen, or apprehended in the act of mifchief,
or with other recent evidences of their crimes, were, without farther trial, ap-
pointed to be punifhed capitally, by order of the wardens of the marches
where fuch crimes were committed; whether they were laid hold on in the
kingdom where the fact was done, or in either of the kingdoms ; provided
always the purfuit of fuch malefactors had been recent. Other violators of
the truce were appointed to be feverely punifhed, according to ancient cuftom.
As to criminals who fled for fhelter, or in hope of aid from the one kingdom to
the other, the article concerning them, in this treaty, bore, that all traitors,
rebels, murderers, thieves, infamous robbers, or other malefactors, in fuch
circumftances, fhould not be entertained in the dominions of either of the
princes ; but in twenty days after authentic information given concerning
the characters of fuch perfons, by letters of the king from whofe dominions
they had fled, or of his warden of the marches, or the lieutenant of the latter,
the other king fhould either deliver them up, or banifh them for ever. And
it was farther agreed, with a view, no doubt, to Perkin, that neither of the
kings fhould give counfel, aid, or favour, to any of the notorious rebels or
enemies whatfoever of the other ; but with a falvo of fuch fafe-conducts as
either of the kings had already granted; which, notwithftanding of this article,
were to continue in full force. It is probable, that fome of Perkin's followers,
in order to fecure themfelves from the confequences of their rebellion, now that
their caufe began to appear defperate, had become lieges to the Scottifh king;
for, in the article which this treaty hath in common with feveral preceding Above, p. 453.
ones, whereby thofe who had thus transferred their allegiance, were bound to
the fame obfervation of the truce, as if they had been originally fubjects of the

king to whom they had transferred it, the

fugitives

from England, who had

become lieges of the king of Scotland are firft mentioned, and the regulation
particularly applied to them ; and then the fame is declared to extend in like

manner

47 o THE BORDER-HISTORY OF

Hmry vii. manner to fugitives from Scotland into England ; wherein there is an inverfion
^".- "1 *"__) of the order obferved in all the preceding -treaties, where this article had
1497. place. In the treaties fince 149 1 inclufive, there had been no particular
appointment of confervators of the feveral truces •, and it is reafonable to fupl
pofe, that the wardens, admirals, and other ordinary officers under them,
were confidered as invefted with this charge, agreeably to what was expreffed in
Above, P . 454. the treaty of i486. But, in the treaty now before us, there is not only -a lift
of confervators nominated and deputed by each king J, but their charge is
more particularly declared than in any preceding treaty ; and this material
alteration is made, that inftead of one, as in former treaties, two were now
made neceffary to difcharge the duty of their office. Thefe confervators or
deputies, on either fide, had full power and unlimited jurisdiction to order and
compel the reparation and redrefs of all forts of injuries and wrongs, paft or
future, committed either by the captains or lieutenants of the marches, or
their deputies, or by the lubjech of ev'ier kingdom, contrary' to the tenour of
the prefent truce. They had likewife power to fine and punifh the captains,
lieutenants, and their deputies, aforefaid ; and alfo to imprifon and punifh,
capitally, all manner of malefactors, according to the exigency of the cafe and
crimes committed : and thefe confervators, or two of them, when commanded
or required by the aforefaid princes, or either of them, or by the wardens of
the marches, or their lieutenants, were appointed, without delay, to repair
to thofe places, where the redrefs fought after might be moft conveniently
.ordered or made.

There was an article in this treaty, by which certain matters dill in difpute
between the kings, and which could not be fettled by their commiffioners, were
■Bacon Drum, referred to the determination of the king and queen of Spain. The hiftorians
jnond. of thofe tranfaclions relate, that the Englifh commiffioners ftrenuoufiy infilled

on redrefs for the wafte and rapine committed by the Scottiffi army on the
county of Northumberland ; as having been done in manifest breach of the
late truce. The Scottiffi commiffioners were equally pofitive, on their part,
.thatfuch reparation was utterly impracticable; and even endeavoured to throw
the blame of the violation of the truce on the Englifh. D'Ayala had the
Rym. vol. xu, addrefs to procure a fub million of this difference to his king and queen *. He
'" 79 ' had alio obtained from them the character of ambafiador to the king of Scot-

land ; and thefe latter gained fo entirely the confidence of that monarch,
that he was appointed by him his fole commiffioner, to negociate and
conclude, with any having powers from the king of England, a prolongation

t The Englifh commiflioners were, Richard biihop of Durham, William bifhop of Carlifle,
Richrtrd lord of Neville, knight; John baron of Grayftock, Sir Chnltopher Morefby, and John
Cart'.ngton. Thofe of Scotland, William bifhop of Aberdeen, George of Whithem, William
loid Borthwick, George lord Seton, Sir Patrick Hume of Faft-caille, and Matter Richard
Lawfon.

* The inftrument of fubmiffion made by Henry (Rymer, vol. xii. p. 671.) beais, that what the
king agreed to fubmit to the arbitration and judgment of the king and queen of Spain was, the
tognizance and caufe 0/ the violation, breach, and JiJJbhition, of the laji truce between bimfelf and the
Jking of Scotland,

Ryn. vol. xif*
p. 7".

ENGLAND AND SCOTLAND. 471

of 'the late truce, and to act as an arbiter, for fettling as many as he could of - f rT sI 1 v ' )

thole points in difpute between him and the king of hngland, which had been u °_'_ '"_}

agreed to be remitted to the king and queen of Spain; ftill referying any i497>

that remained undecided to the arbitration of thefe princes. Plow the other

matters in queftion were fettled doth not appear; bujt the king of England,

having empowered Warham keeper of his rolls, to negociate with DWyala

the prolongation of the late truce, it was accordingly, in its whole tcnour, Dec

prorogued by thefe commiffioners to die joint lives of the kings, and a year

after the death of the furvivor -)-.

In the fummer of the year 1499, 'he Englifh king fent Mr. Robert Rydon, A. D. 1499.

clerk of his council and vice admiral, in the character of his ambaffador and

plenipotentiary into Scotland; with whom the Scottiih king authorifed Andrew

Forman, apoftolic protonotary and prior of May, and Mr. Richard Lawfon

clerk of his judiciary courr, to treat, concerning the amendment of certain

articles in the late truce, or the addition of luch new articles or claufes as

appeared neceffary. The ordinary powers were alio given on each fide,

to renew the whole treaty. Accordingly a new treaty was concluded for B J u 'y »»•.,

the fame period as the former : and from the tenour of this treaty it fuffkiently

appears, what articles in the preceding were thought to. require alteration.

In the firft place, that relating to rebels or traitors againft either of the princes,

was rendered more exprefs and fevere than before; and this change would the

more eafily beconfented to by the king of Scots, as Perkin Warbeck was a clofe

prifoner in the hands of the king of England. It was now agreed, that rebels or

traitors againft any one of the princes ffiould not be received inco the dominions

of the other; and, in cafe of their flying thither, ihould, in twenty days after

requifition made by letters, be delivered up to the bearer of thefe letters, or to

fuch other as ihould in the letters be named and deputed for that purpofe. As to

murderers, thie-ves, robbers, deferters, or other malefactors, who ihould fly from

the one kingdom to the other, all ihelter, favour, counfel, or aid, was in like

manner to be denied them in the kingdom to which they had fled; and they

were to be delivered up, in ten days after requifition made by letters from their

natural fovereign, or from his wardens, lieutenants, or their deputies, either

to the bearer of fuch letters, or to any other perfon named and deputed in the

letters for that effecT:. The next article of this truce declares, that all letters

of fafe-conduct, heretofore granted by one of the princes to the rebels of the

other, or to any of his fuhjects, for any limited time, or for term of life,

fhould, from the day of figning the prefent treaty, be revoked and annulled ; and

that no fuch fafe- conducts fhould, during the period of the prefent truce, be

granted by either of the princes to any rebels or any fubject whatfoever of the

other prince, unlefs in confequence of a written requifition of the latter ; which

requifition the prince to whom it was addrefled fhould be at entire liberty either

to grant or reje<5t, as to himfelf fhould appear expedient; and that, in no cafe, ,

fuch letters of fafe-conduct ihould be granted to continue longer in force than

for one year. A change was alio made in the article relating to the punifhment

■J- Tliis truce was ratified by James at S". Andrews, 5th February, 1498.

©f

472

THE BORDER-HISTORY OF

Henry ya. of murderers; which, by this treaty, was, during the continuance of the prefent
^o ng n .^ trucC) tQ ^ e j n t j ie manner following. If any of the fubjeds of the kingdom
'499- of England fhould hereafter violently put to death any of the fubjects of

the Scottifh kingdom, within the marches of England, or the limits of the
marches of Scotland, the warden of the Englifh marches, his deputy or depu-
ties, fhould, with all poffible diligence, purfue the guilty perfons ; and when
apprehended, fhould carry them to a diet, to be appointed by the wardens of
each march, or their deputies ; at which the criminals, being lawfully con-
victed, according to the laws of the marches, mould be delivered up by the
Englifh warden to the Scottifh ; and, by authority of the latter, fhould i'uffer
capital punifhment : and, in the fame manner, making the refpective varia-
tions, were thofe fubjects of Scotland to be treated, who, within the marches
of Scotland, or the bounds of the marches of England, fhould commit mur-
der on any Englifh fubject. There is an appointment of confervators in this
truce $, and the fame powers given them as in the former ■, and the other
articles of the treaty agree with thofe of the five preceding.
July io. This treaty was drawn up and figned by the plenipotentiaries of the two

p U ?t",' H7-' kings, in the caftle of Stirling ; and, at the fame place, was ratified by the
ten. p. 3x3. king of Scotland, eight days after. But an unhappy accident, which, pro-
78 ;. nE Drumm! bably, fell out about this time, had almoft broke the peace which feemed now
p. 68. to De f fi rm ly eftablifhed. The intercourfe between the kingdoms being

open and fecure, certain young men from the Scottifh border had gone to vifit
their acquaintances at Norham. But having difcovered too much curiofity in
obferving the caftle, a quarrel arofe between them and the keepers, which,
•from angry words, proceeded to a rencounter •, wherein fome of the Scots
were wounded and flain, and the reft obliged to fly for their lives. Complaints
inftantly were made of this outrage to the Englifh wardens-, but the expected
redrefs being by them, on fome pretence, delayed, the Scottifh king fent
one of his heralds * to the king of England, to demand fati^faftion ; or, if
this fhould be refufed, to denounce war. Henry's return to this meflage was
•full of condefcenfion and equity. He declared, that, as what had happened
was without his knowledge or orders, he would inftantly order the matter to be
inquired into, and the foldiers of the garrifon to be punifhed, according to
their demerits. Fox biihop of Durham-was an excellent fecond to his ma Ser-
in words and meafures that tended to peace. And as in the prefent cafe the
offence had arifen from the bifhop's caftle, he thought himfelf bound to exert
himfelf the more, in putting a flop to its mifchievous confequences. He
wrote, therefore, letters to James in fo conciliating and perfuafive a ftrain,
that the monarch requefted a peribnal interview with him, that, by an amicable
conference, they might try to terminate the ftrife. The bifhop having ob-
tained the perrniffion of his own fovereign, paffed over to the Scottifh king
at Melrofe ; where the latter having firft expreffed, in terms fuihciently fevere,

% The lifts of couifervatnrs are alfo the fame on both fides as in the laft (ruce; only. the lord
Neville is omitted in that of England.
* Marthmont Herald.

his

ENGLAND AND SCOTLAND. 473

his rcfentment at what had pa fled at Norliam, did afterwards open to the , J jm « ' v
bifhop, his project and defire of eftabli filing a fure and perpetual peace between ^J^ |"^
the kingdoms, by obtaining from Henry his elded daughter in marriage, 1199.
agreeably to what had been propoled four years before. In order 10 the ac-
complifhment of this good work, James entreated the interceffion of the
bifhop with his mailer, which the bifhop very cheerfullv confsnted to employ.
Nothing could be more agreeable to Henry than this propofal; and imme-
diately after ratifying the late truce*, he gave full powers to the bifhop to R Sfr '- "•..
negociate with the Scottifli king, or any deputed by him, all the conditions of p. 7*9,
the projected alliance. As the truce concluded at Stirling was nor ratified by
the king of England, until feven weeks after it had been ratified in Scotland,
it is molt probable, that the dilturbance at Norham had happened in the inter-
val, and been the occafion of this delay -f-.

The great negociation for the near relation of the two monarchs, and a per-
petual peace between the kingdoms, which was begun at the time and with
the circumftances jufl related, was not brought to a period till near two years
after. In fummer 1500, a difpenfation was obtained from Pope Alexander VI. RyT ' ,b ' 7 5 '
on the requeft of the Englifh king, for concluding his daughter's marriage •,
notwithstanding her age, which was then about ten years and fix months, and
her relation to the king of Scotland, which was in the fourth degree of con-
fanguinity. In the year following, Robert Blakater J archbifhop of Glafgow,
Patrick earl of Bothwell, great admiral of Scotland and warden of the weft
marches, and Andrew Forman, poftulate of the cathedral church of Murray §,
were ient ambalfadors to the court of England, with full powers to negociate
and conclude the projected treaties of marriage and peace. The perfons com-
miffioned by the king of England to treat with them were, Henry archbifhop
of Canterbury || keeper of the great feal, Richard bifhop of Winchefter keeper
of the privy leal, and Thomas earl of Surrey treafurer of England. In the A D a>
beginning of the following year, thefe commifiioners completed their work, Jan. 24
by drawing up and figning three different inftruments ; the firft, containing the p/llg/l!
ftipulation and conditions of the marriage ; the fecond, the articles of a per-

* This truce was ratified by Henry at Wincbefter, September 8, as appears from the original
tteaty in the Scottiili archives quoted by Abercromby, vol. ii. p. ;o8.

f This is the conjeftjre of Abercromby ; who is not corred in his account of Come other circum-
ftances of" thefe tranfactions. Aberc. vol. ii. p. 508.

J Blakater was the firft archbifhop of that fee, by a bull of Pope Innocent VIII. A. D. 1491.
He built the vaulted ifle of the church of Ederham. Lefly, who extols his piety, relates, that he
died on a pilgrimage to vifit the holy places at Jerufalcni, on which pilgrimage he fit out in
fummer 1508. Lefly, p. 349. He died the 28th of July. Keith's Sc. Brit. p. 1,-1.

§ So is Forman entitled in the commifli in dated 8th of October, (Rym. vol. xii. p. 77?.) In
a fafe conduct granted to him aud his two colleagues by the king of England on the 9th of May,
he is called Apuftolic protonotary and p'ior ot May. (See above p. 471.) The dike of Albany,
governor of Scotland, celebrating in a letter to Pnpe Leo X. the merits of Andrew Forman, has
probably his fervice in this greit affair in view, when he fays of him, Sufcrioribus an'nis regni
hujus legaticnes f elicit tr explcvit, ferritin e manilus excujjit, Britannia regis Concordes e mediis armis
junxit. Epp. K. S. p. 217, 218.

|| Henry Dean, who had lately fuccccded Morton, who died in the preceding October. Richird
Fox, the fame who was formerly bifhop of Durham, had a!fo Ltely fuct ceded f nomas Largton in
the bifhoprick of Winchefter, Stowe, p. 4S2.

P p p petual

Xll,

p. 787,— Sg4.

474

THE BORDER- HISTORY OF

Henry vn. petual peace •, and the third, regulations for the redrefs of mutual wrongs.
.'"' nEa " '. By the firft of thefe it was agreed, that the marriage fhould, before the feaft
'£"• of Candlemas next enfuing, be contracted between the king of England or
his proxy, and Margaret, who had only completed her twelfth year on the
29th day of the preceding November. On account of this defect of age, the
king of Scotland was not to require her to be delivered to him fooner than the
firft of September of the following year-, but the king of England at the
fame time obliged himfelf, that before that day fhe fhould be conducted
into Scotland, and delivered to her hufband, or any empowered by him to
receive her, at the kirk of Lamberton, or fome other place on the eaft marches,
in order to the folemnization and confummation of the marriage. The queen's
jointure was to be 2000 1. fterling, at that time equivalent to 6000 1. Scots ;
and the writings conveying and lecuring this, were to be delivered at Berwick
to her father, or fuch as he fhould empower to receive them, before the firft of
July in the year laft mentioned. Her dowry was 30,000 nobles of gold, or
10,000 1. fterling, to be paid in three equal portions-, the firft payment to be
made at Edinburgh, at the time of folemnizing the marriage ; the fecond, a
twelvemonth after at Coldingham ; and the third at the fame place, in the
end of the year immediately fucceeding; and in each of the two laft mentioned
payments, the king of Scotland was engaged, at his own rifle, to fecure the
conveyance of the money, by thole employed by Henry for that purpofe, in
their paffage from Berwick to Coldingham. In the treaty of peace, it was in
the firft place declared, that it fhould be perpetual. Then follow the articles
concerning rebels, traitors, and deferters, flying from the one kingdom, and
feeking refuge in the other; which, though exprefTed with greater pomp and
multiplicity of words, are in fubftance the fame as in the truce laft concluded.
In cafe of war made on either of the princes by foreign or domeftic enemies,,
it was agreed, that the other fhould fend to his aid fuch forces in number and
quality as the prince attacked fhould require, to be maintained at the expence
of the prince who demanded them, and to receive from him the wages ufually
paid them by their own fovereign. With regard to the town and caftle of
Berwick, it was agreed and concluded *, " That thefe, with their ancient
" bounds and the inhabitants thereof, fhoukl for ever remain and be included
" in the prefent perpetual peace, friendfhip, league, and confederacy -, fo
" that neither the king of Scotland, his heirs or fuccefTors, nor any of them
" fhould, by themfelves, or any of their fubjefts, lieges, or vaffals, make or-
« c fuffer to be made, war, infult, ambufh, or fiege, publickly or privately,
" againft the places themfelves or their inhabitants ; nor the king of England,
" his heirs, fuccefTors, or any of them, fhould, by themlelves, or the inhabit
" tants of the town and cattle, make any war, infult, or fiege^ on the king of
" Scotland or his vaffals." It was agreed, that the allies- of each prince,
agreeably to a lift inferred in the treaty, fhould be comprehended in

*■ This article relating to Berwick, is of a very different contexture from the refignation of ir
made by Edward Baliol to Edward III..

it;

ENGLAND AND SCOTLAND. 47^

it*-, if in eight months after its date, they gave authentic notice that they J»m«iv.

defired to be thus comprehended. And with regard to thefe allies, it was ,J° _'!. ""

agreed, that in cafe either of the princes fhould engage in a war againft the ijoj.

ally of the other, the prince whole ally was attacked, (hould not on that

account hoftilely invade his neighbour's dominions; but that it mould be

lawful for him to afford to his own ally, fuccour and aid merely of a defenfive

nature j the peace nevertheless remaining firm and inviolate. It was farther

agreed, with regard to this peace, as it hath been with regard to the truces

preceding it, that it fliould not be broken nor annulled by trefpafTesor wrongs,

committed againft it by individuals of either nation, but that all fucli injuries

fhculd be redreffed ; and when, upon due requifuion made, reparation was not

ordered by the wardens of the marches or their lieutenants; then the prince,

whofe fubjecl: complained of fullering wrong, {hould require of the other that

juftice {hould be miniftered, and damages repaired. When this was refufed,

a method was eftabliftied of obtaining redrefs, without breaking the peace,

which appears for the firft time in this treaty; and that was the liberty of

granting letters ef reprifah. In cafe that the prince who was required to order

redrefs, (hould delay it for fix months after the requifuion had been made,

the other prince fhould not thereupon commence war ; but it fhould be lawful

to him, when fuch refufal of juftice was evident, to grant letters of reprifals

to his injured fubjecls, againft all the inhabitants of the march, if the trefpafs

had been committed by land •, and if by fea, againft the ports and their

creeks, with the towns and villages on the fhores of thefe ports and creeks,

and the inhabitants thereof; wherefoever the author of the trefpafs or wrong

refided, at the time when it was committed, and not againft any others : the

peace being by thefe proceedings nowife derogated from, but continuing in,

its full vigour. The other heads of this treaty were lefs material ; confifting

chiefly of provifions for giving it ftabiiity and duration : the publication of all

the articles thereof, or at leaft of their tenour arid effect, was agreed to be made

within three months after the date of the treaty, in the more confiderable

cities and towns of each kingdom, and efpecially in the places of note on their

marches. In the inftrument for regulating the redrefs of wrongs, the articles

of the truce of J 499 were almoft copied; but yet with fome variations and

additions. Malefactors flying their own kingdom and feeking refuge in the

other, were appointed, as before, to be fought out and delivered up by the

wardens, their lieutenants or deputies, in the kingdom to which t'.ey had fled,

on certification and requifuion made by letters of the like officers in the other

kingdom. This delivery was to be made in ten days after it was required, if

the fugitives were not more than a hundred miles diftant from the marches-,

if otherwife, within twenty days. To this a regulation was added, for enforc-

* The allies of the king of England were, (he king of the Romans, Lewis XII. king of Prance,
the kings of Spam, Portugal, and Denmark; the archduke of Aultria, the dukes of Venice,
Ferrar.i, a.id Savoy ; alfo the feciety of the merchants of the Hanfe towns. Thofe of the king of
Scotl.ini were, Lewis king of France, John king of Denmark, the king of Spain, the king of
the Romai s, the archduke of Aultria, the dukes of GueUres, Hditcin, and Give, and the
marquis ot Brandeuburgh,

P p p 2 ing

4', 6 THE BORDER- HISTORY OF

K. H ofE n V |"d in ° l ^ e performance of this part of their duty on the wardens, their lieu-
> tenants or deputies. When either in the fearch or delivery of malefactors,

is *- thefe officers fhould be found culpable or negligent by commiffioners of each
king, appointed to inquire into their conduct, the prince, whofe officers were
thus convicted, fhould not only deprive them of their charges, Lut farther
punifh them, as his honour and confeience fhould dictate, and in proportion to
the guilt of thofe whom they had fcreened and protected •, at the fame time
employing, according to honour and confeience, his own utmoft diligence to
bring fuch malefactors to juftice. The profecution and trial of murderers was
fixed as by the laft truce ; but with this remarkable variation, that inftead of
a pofitive appointment, that the officers of their own marches fhould put them
to death, it is here only faid that thefe officers might do fo*. The liberty of
ifTuing letters of reprilals, in cafe of refufal or delay of juftice, was again
ordained in this inftrument ; which, in all other regulations, conducing to its
general fcope, coincides with the fhort truces of the preceding years.
Jan. 25. On the day after all thefe treaties were figned, the conclufion of them,

and the actual affiancing of the princefs Margaret to the king of Scotland,
Hoiin r t re P re f eme d by the earl of Bothwell his proxy, was publifhed at St. Paul's
Sc.chri ' ' Crofs •, and the publication was followed by general rejoicings. A league of
perpetual peace between the kingdoms, after i'o many fruitlefs attempts to
accomplifh it, and after a feries of ftrife and animofity, never long difcontinu-
ed, for more than two hundred years, was confidered as a thing aim oft impof-
fible. But it was never undertaken by a prince of fo great abilities, and who
at the fame time had let his heart fo much on peace as Henry. And what con-
tributed mod of all to make his endeavours effectual, was his cultivation of
peace with France during the reigns both of the prefent and late king of that
nation. By this means, although it was always the policy of the French
court, it became lefs their immediate concern, to prevent a drift union be-
tween the kingdoms in this ifland : at this time alfo their great object was the
making conquefts in Italy; an enterprife in which they had never any lafting
fuccefs, and which had often diverted them from things that better deferved
their attention.

Although the treaties concluded in January were foon after confirmed by
the oaths of both king?, yet the ratification of them were not exchanged, until
theenfuing month of December. The king of Scotland f was in the interval
Rym. vol. xiii. eameftly iblicited by his father-in-law, to refufe or fuperfede the confirmation
*' "' of the ancient league between Scotland and France. To this James did not

entirely confent, but promiftd a delay, until he fhould have a perfonal inter-
view with Henry, or acquaint him with his refolution, after being farther
advifed ; declaring, at the fame time, that he perceived no good reafon for this

* " Qy' gardianus cjufve locumtenens vel locumtenentes, deputatus vel deputati, ipfjTi norai idam
" vel homicidas, fie ut fupra convidtum vel conviilos, et fibi confignatum vel confignatos! pro
" htijufmodi homicidio, ultimo fupplicio demandare pdflit." In the truce of 1499, it was qui
gardianus, &.C. ultimo fupplicio demandabit.

f This appears from James's anfwer to a letter from Henry, which Andrew Forman biihop of
Murray fen: to his mailer by Sir John Hume of Duns. Rym.

delay,

ENGLAND AND SCOTLAND.

477

delay, nor that his confirming the French alliance could be any way prejudicial , Umntv,
either to the king of England or himfelf. From this it would feem, that the /°_. "^ 3 "^
French, although too late, were endeavouring to throw difficulties in the way I'".

cf completing the friendlhip and union of the Britifh fovereigns. They hid p ' **'
alio railed a fcruple in James's mind, which difcovered itielf, on his renewing
his o.uh to obferve the treaties with England, previous to the exchange of the
ratifications of thefe treaties. He objected, on this occafion, to the giving to his
father-in-law the title of King of France, wh ; ch he declared, was a circumftance
he hadiiot attended to when he took and fubfcribed the oath in February preced-
ing, but at the fame time expreffed his willingnefs to lenew his oath to the effect
of confirming the treaties, whenlbever he fhould be required by his father the
king of E.ngland *. Henry's commiffioners for witnefling this oath, who were
the lord Thomas Darcv captain of Berwick, and Henry Babington profefibr of
divinity, confentedto allow the omifiion of the title objected to ; and accordingly
it was not included in this fecond oath. All oiher matters previous to the ib.p-6»
marriage appear to have proceeded eafily, and were finifhed in due time. A " D " ,s °-'
Seifins were given, in the end of the following May, to commiffioners from
the fcnglifh court acting in name of the young queen, of the feveral places and
itates-f, afiigned for her jointure of 2,000 1. per annum, which were ratified by
James on the 6th of June. Ten days after, the king of England fet out with
his daughter on her journey to Scotland, and accompanied her to Colliwefton
in Nortr.amptonfhire, the feat of his mother the countefsof Richmond. After
ipending fome days there, fhe proceeded in her journey, under the care of the
earl of Surrey, accompanied with a fplendid retinue of Englifh nobility and
gentry. The earl of Northumberland, warden of the eaft marches, joined the
cavalcade upon its entering his territories. Thus conducted and accompanied,
the young queer, palled through Berwick, and arrived at the kirk of Lamber-
ton, fituated at a fmall diflance from the march between Scotland and Ber-
wick bounds ;j\ There her hufband, accompanied with a gay and numerous
court, was ready to receive her, and conveyed her, on the fame day, to

* Henry ratified the treaty, and took an oath to obferve it at Wetlminiter 31ft Oflobcr, as appears
from deeds in regilter at Edinburgh. Aberc. vcl. li. p. 514. The king of Scotland's fecond oath
is da:ed L>e:ember 10th, ana his ratitkatijn of the treaties December 17th. Rym. ib,

-f- Thefe were the king's lordmip of the ferfft of Etterick, together with the forell of Ettericb
itfelf, in the fheriffdom of Selkirk, with the tower, fortrefs, or manor of Newaik, in that forelt;
the county of March, and lordlhips of Dunbar and Coubrandfpe'.h, with their dependencies,
(excepting the calile of Dunbar^and its cuitojy, rtfevved by the king to hioilelf,) lying in the
constabulary of Haddington, within the fherifBom of Edinburgh ; the palace of Linlithgow, and
lorc'fhip of Linlilhgowihire; the lordfnip of : iriir>!;fh : re and caltle ot Stirling, with their depen-
dencies; the earldom of Menteith, and lordfhip and calile cf Down, witn their dependencies, in the
county or (herifFirm of Perth, and the palace and loidihip of Mcthven in the fame county; the
revenues of which are faid to amount tft zcoo 1. llerling, or 6000 1. current money cf Scotland, of
yearly rent, clear of all burdens and exper.ces whatsoever. Seifin of the ear dim of Dunbar,
(which feems from thi< to be altogether fynonymous with '.he earldom of March) and lordfhip of
Cowbun i" r ight (fo fpelled), was given to Robert Sherburn dean of St. Paul's, one of the queen's
attorni-'s in thee tranfa&ions. The others w. ;e, 1 homas lord Dacre, John Cartinnton, and
Richard Errington, at the market-crofs of the borough of Dunbar, on the 29th of May. R) mer,
ib. p. 66.

J This kirk has been long ago demoliihed, and its parifh annexed to that of Mordington.

Dalkeith,

47 8

THE BORDER- HISTORY OF

Henry vii. Dalkeith. Thence (he proceeded to Edinburgh on the day following, where

k. of E ngland. ^ marr j a g e was celebrated with great pomp and feltivity : a marriage deferv-

1505. ing ever to be remembered, as proving the foundation of a real and lafting

Augu<i8. un j on between the kingdoms; although by confequences fo flow and remote,

as point out a direction ibperior to the utmoft ftretch of human policy.

a. p. 1504- The Scottifli parliament, in the following year, confirmed the fettlement of

93.'"" the queen's jointure-, and the payments of her dowry were regularly made at

the terms appointed by the treaty* : great attention feems to have been given

by both monarchs to oblerve all the oiher articles of this treaty, and although

fome offences were given, yet the peace continued inviolate, during the

remainder of Henry's life, which came to an end in fomewhat lefs than fix

months after Margaret's marriage. The year before his death, he contracted

a marriage of his other daughter Mary, with the young archduke Charles,

prince of Caftile and Burgundy, afterwards the Emperor Charles V. -f-5 and

by this alliance added to the former, he flattered himfelf, as he expreffed it in

a letter to the city of London, that he had built a wall of brafs around his

kingdom. He died of a lingering diilemper, leaving his fon Henry VIII.

April 2?. 9 ' his kingdom, in peace, and his coffers full of treafure, molt of it the fruits of

rapacity and oppreffion.

Socn after the acceffiori of young Henry, the treaty of peace between the

K.oflngiand. two kingdoms was ratified, and each monarch fwore to the faithful obfervation

June 29. f - t j > ji ie ],.j n g f Scotland, from the time of his ftrait union and good

P . y 26'r. V 267 X ."' intelligence with the king of England, had, with no inconfiderable fuccefs,

Abmromb been cultivating the arts of peace. He repaired and embellifhed his caftles

Dtummaai.' and palaces, and in the fplendour of his court exceeded all his predeceffors.

Herbeit,H. s. pj e j m p rove j t i ie adminiftration of public juftice, and extended it to the

wildeft and remoteft parts of his dominions. He alio increafed his ftrength

at fea by building feveral fhips, fome of them of an uncommon magnitude.

He is farther celebrated for his activity and diligence, in repreffing and punifh-

ing the exceffes of the borderers. But to preierve peace between nations, in

whom the ipirit and habits of flrife were fo ftrong, and the occafions of it

fo frequent, as between the Englifh and Scots, required a concurrence of

circumftances and characters too extraordinary to be of long continuance.

The young Henry was in the beginning of his reign a prince of great hopes;

bat his conduct foon exhibited a character very different from that of his father.

He was addicted to pleafure, but at the lame time not infenfible of the

allurements of ambition; and the old fox Ferdinand of Spain, his father in-

* The commiffion to make the laft pavment of this dowry at CoIdingEam.j was given to John
prior oi l'inmouth, William Cope coffe er of the king's household, and Chrittopher Clapham
poiter of Berwick.

■( Ch'rles ivas born 24th of February l ;o^. f ; is father P.ii'ip di.d atBjrgos in 150:-. Philip
vwv, k ng of C.-.llile by bis raoUVr Johanna, daughter of [fabella.

% In the o.,th -aken to this efreir, fit il by Andrew Forman, James's ambail'ador, and afterward*

l;y the kmg himfelf, the t tie of king of Fiance is given to Henry. The ferocity of Henry's

** youth, and his opinion, that his right to the crown of Englan 1 with all its claims* was much better

than that of his father, may account for his not difpeniing, as his father lud done, with James's

joining to his other titles that of king of France.

law,

ENGLAND AND SCOTLAND.

479

law, focn engaged him to he a party in quinels on the continent, wherein J»mstiv.
Henry had very little concern, The great fomenter of" t lie wars of that . ° J"! '"_?
period was Tope Julius II.* a man wholly abandoned to his ambition and ijco.

refentmenr, and in purfuing the objects of thefe, utterly contemning even the
appearances of truth and jultice. As his undertakings were far bevond his
ftrength, and his r.llies, Maximilian and Ferdinand, were no lei's falfe than
himfelf, he was reduced to great (trails by Louis XII. of France, who, had it l1tn,:j]t -
not been for the fcruples of his queen, would have made a conqueftof all his
territories. But, inltead of proceeding to the laft extremities in the Way of
violence and arms, Louis attempted to fubdue him by procuring a general
council to be fummoned at Pifa -f, for reforming the church in its head and
members. The Pope thus diftrefied, invoked the aid of all the other dates of
Chriftendom, againft the French king, and fulminated againft that king him-
felf and his kingdom, a fentence of excommunication and interdict. For a
while it agreed with the private views of Maximilian and Ferdinand, to
appear on the fide of the Pope-, and the united inltances of all the con-
federates were exerted, to work upon the ambition and zeal of the Englifh
king. The prefent opportunity was reprefented, as moll favourable for re-
viving and making good his claim to the poiTefiions of his anceftors in France;
and Louis's being at once attacked on different fides by the Pope and his allies,
was held forth to him as the certain mean of delivering the head of the church
from the oppreffion of that monarch and his fchifmatical adherents. By thefe a.d. i 5 n,
motives, Henry was engaged in a league for carrying on this pretended holy
war; and in 151 2, fent over an army in tranfports, furniihed by Ferdinand,
to attack the province of Guienne. But the red object of Ferdinand, was
to acquire to himfelf the kingdom of Navane; which he accomplifhed by
putting the Englifh army between his own and that of France, until he had
feized the dominions of his poor and helplefs neighbour. But although the
Englifh forces returned home in the end of the year, greatly difcontented,
and much reduced in their numbers; yet Flenry perfevered in his attachment
to the pretended caufe of the church, and in his project of recovering the
ancient dominions of his crown in France. Accordingly in the year following, A - D - *!>*
a new expedition was undertaken into the northern parts of France, and Henry 3 °"

pafiing over to Calais, commanded his army in perion.

Thefe proceedings of Henry againft France, as had often before happened
in like circumftances, were the real caufe of a rupture between England and
Scotland. The Englifh monarch, by breaking his father's peace with France,
which he himfelf had folemnly renewed, after his acceflion to the crown, fet
his brother of Scotland a bad example, and, at the fame time, gave him juft
ground of alarm. The combination of Henry, with the powers of the con-
tinent, againft France, had a formidable appearance ; and its tendeney was to
deftroy, or greatly to weaken a kingdom, to which Scotland had been for ages
clofely allied; and which was the fureft fupport of its favourite independency.

* Julius was Pope from 1503 to 1513. •{• This council met in 15 11.

againft.

4 8o THE BORDER- HISTORY OF

HentyViii. ap-ainft the attempts of England *. Henry VII. for the fake of a laftino-

K. or England. ° i j ■ j j i r 1 I r • n i • r- °

, peace, had indeed been content to unit in oblivion all the ancient pretentions

1511 of England to fovereignty over Scotland ; but the experience of former titties

had fufficienrly (hewn how apt fuch claims were to be revived by the ambition

of particular monarchs, when prompted by circumflances and opportunities

that appeared favourable. Confideratior.s of this kind were urged with fo

much efficacy at the court of Scotland, that, in little more than a monih after

Henry had ratified his league with Ferdinand, for affifting the Pope, and in-

March 16. vadiiig France, the ancient league between France and Scotland was renewed

Abereromby, at Edinburgh -, wherein the article that bound the two kings, to give mutual

fi > om 1 K. P w S in-' a 'd againft each other's enemies, was ex pre fled in the molt ample and unre-

ton'sMSS. drifted manner -j-.

The treaty of peace, between Scotland and England, allowed each king to
give aid to his other allies, although thefe were engaged in war wuh his
neighbour fovereign ; but, in giving fuch aid, forbade any hoftile invafion of
each other's territories. It was therefore neceffary, to jollify James in his me-
ditated invafion of England, that the treaty fhould b^ found to have been
made void by infractions of it, on Henry's part, which Henry had refufed to
redrefs •, and fuch violations were a&ually imputed to Henry by the king of
Scotland. In the third year of Henry's reign, two Scottifh fliips, commanded
Hall. f. 15. by Andrew Barton, were iliddenly attacked, as they palled near the Downs,
Herb. P . 7. ky. t j ie ^ ame nurn bef of Englilh veflels, under the command of Sir Edward
Budi. i, j 3 . Howard, created next year lord admiral of England, and Thomas his elder
brother, both fons to the earl of Surrey J. After a very obftinate refinance,
wherein Barton was mortally wounded, the Scottifh (hips were taken, and their
crews carried prifoners to London •, where, after remaining a fhort time, they
implored, and obtained Henry's pardon; but were ordered to leave England
in twenty days, on pain of death. Barton had fome time before obtained let-
ters of marque from the king of Scotland againft the Portuguese ; upon their
refilling to mike reparation for a rich Ihip, which a fmall fleet of theirs, on
the coait of Holland, had taken from Barton's father, during the reign of
James III. In confequence of thele letters, Barton had made feveral captures
of the fliips of Portugal, on the coafts of their own country § •, and was accufed

* James writing on this fubjiclt to his uncle John king of Denmark, fays, " Et profeclo nobis
" confultum non cfTet, nrc fatii fecurun), Anglos Franciam armis occupaflc. Nee dubium quin capta
" Gallia ad occupandam Scoriam et proxima deinde regna fubito diverted nt." Kpp. RR.
Sc. 1. 171.

f " Whereas, formerly, the kings of Scotland and Fiance were only obliged ro afiill one another,
" in oppofition to the Englifh, or fuch others as fhould offer ti invert the hereditary rig,ht of fuc-
" ceflion to their refpeflive crowns, they became now bound to aid and affift one another ; and even
" in perfon, ifoccafion should require it, agaii.lt all who may live and die."

X This exploit of the Howards is celebrated in a notable old long, publifhed in Dr. Percy's Col-
lection, vol. ii. p. 177 — 193. According to this long, Barton's fhip made afterwards the fecond
of the royal navy of England.

§ This is cither crroneoufly related by hillorians, or Barton's captures from the Portuguese had
botne 110 proportion to the lofs of his father ; for there were afterwards repeated applications, during
the reign of James V. to the court of Portugal on this fubjefl ; which, failing ot (uccef, letters of
reprifils were iflucd to John Barton, grandfon of the full luiferer, bv Jame^ carl of A ran, governor
o) Scotland, ill Nov. 1543. App. RR. Sc. vol. i. and ii. particularly vol. ii. p. i65.

ENGLAND AND SCOTLAND.

cf having feized and plundered fome Englifh fhips in the narrow Teas, on pre- J- 1 ™
tence of their having goods on board that belonged to the Portuguefe. Thefe
exploits were confidered as encroaching on the king of England's authority
over the narrow feas, and procured to Barton, from the Englifh traders, the
name of a pirate; and, as fuch, the two Howards had received orders to attack
him, wherever they could find him. When James, on this occafion, com-
plained of the violence committed againft the lives and properties of his fub-
jec~b, he could have no other anlwer, than that it was unreasonable for him to
charge his ally with breaking the peace, on account of h ; s deflroying a pirate.
Bur, as the Scottiih king could not admit that Barton delerved this character,
he retained a deep refentment of the violent proceed. ngs againft him. Another
caufe of complaint was given, while Henry VII. was yet alive ; and remained
ftill unredrefied. This was an outrage committe .1 on the perfon of Sir Robert Bttcjnn.li 13.
Ker, at a meeting on the marches. Ker was in high favour with his lovereign ; chron. p. 416.
being his principal cup-bearer, matter of his artillery, and warden of the mid-
dle march towards England. In the exercife of the laft named office, his
inflexible rigour, in exacting and difpenfing juftice, kindled the refentment of
many, both Scots and F.nglifh. A fray arifing at a march-meeung, Ker was
cruelly murdered by. three Englishman, John Heron, Lilburn, and Starhead -f-.
Heron and Starhead made their efcape ; but Lilburn, being apprehended, was
delivered up to the Scots •, and for their farther Satisfaction, Heron, the lord
of Ford, and warden of the Englifh march, whole baftard-brother the mur-
derer fcems to have been, was alio put into their hands. Both of thefe were
fhut up in Faft-caftle, where Lilburn died. Thus matters continued until the
beginning of Henry VIII. 's reign, when the two fugitives, Heron and Star-
head, began to appear publickly ; hoping that the times would foon become
more favourable to men of their character: Heron, confiding in the power of
his kindred, made no fcruple of being feen openly at home •, and did what he
could to break the peace between the kingdoms, by fending forth robbers
into the Scottifh borders. Starhead chofe his habitation at a confulerable
distance from the march-, but this only expofed him to be attacked with lefs
fufpicion by two dependents J of Andrew Ker, the fon of Sir Robert ; who,
palTing into England, murdered Starhead in his houfe, and brought back
his head to then: mailer, who expofed it to public view in one of the moft
frequented places of Edinburgh. But befides open acts * of violence, wherein

+ This outrage feems to be meant in James I V.'s letter to Pope Julius II. dated December 5, 1 5 1 r .
After complaining in general, of injuries committed by the Englifh againft his Subjects in the latter
years of Henry V 1 1. 's reign, he adds, turn demum ex injidiis aggrefii quos armis et hello capere anlea
non poterant , vires nobis fortijjimos per pa.is occajionem incautos e medio fujiuhrunt , lipp. RR. sc, i. 123.

\ 1 hey were of the name of Tait.

* James, in the above quoted letter to the Pope, writes, that the prefent king of En land, though
he had fivorn to obferve the league concluded by his father, yet committed all manner of violence
and ouirages againft the king of Scotland by fea and land ; not only tolerating fuch excelTes, but
willing and commanding them. He immediately adds, " Verum regeni et fratrem noftrum in-
" arerio et palaiD movifle bellum facit ut S. V. noftrum utrumqoe et a facramento et a cenfurarum in-
" curfu liberafTe pisfumpferim, id quod non ufque aJeo iniquum forct, fcedus inquam, muiuo Forte j^»/«.
" utiumquc dJJcHj'u foluturrj iri."

Q^q q Henry

482 THE BORDER-HISTORY OF

Henry vm. Henry was charged with encouraging and protecting his fubje&s, James did

K^ofEng an^. fy n fer accufe him of fraudulently detaining a valuable legacy, confiding chiefly
J511. of jewels, which had been bequeathed to his queen by her father Henry, or
brother Arthur.

As the court of England could not but perceive how much a war with Scot-
land would clog their enterprifes on the continent, they were at great pains to

Rym. voi.xiii. prevent matters coming to extremities. Towards the end of the year 1511,

p- 3°9- and probably on occafion of the affair of Barton, Dr. Weft was fent ambafiador

to Scotland, to negociate an abolition and mutual remiffion of all quarrels

and complaints that had happened between the kings or their fubjects. In the

a. d. 1512. fpring of the following year, foon after the renewal of the league between

Rym. ib. 332, France and Scotland, the lord Dacres was joined in commiffion with Weft for
carrying on a negotiation of the fame nature, and they were alio charged to
demand the king of Scotland's oath for obferving the treaty of peace between
the kingdoms ; offering to him, in the name of their matter, that he fhould

Kerb.Hen.vm. ta ke the fame oath. It is faid, that the king of Scotland declared-at this time

*•"*• to the two Englifh ambaffadors, that he intended to oblerve a ftrict neutrality

between the kings of France and England ; but that when the ambaffadors
defired him to give this declaration in writing, he excufed himfelf, on the pre-
tence, that by his granting their requeft, he would Ihew a greater deference to
the king of England, than to the king of France. The ambaffadors endea-
voured to amufe the king, not only with offers of fatisfaction for the wrongs
he complained of, but alfo with hopes that their mafter would be reconciled
to France on equitable terms. But the king of Scotland being preffed on the
other hand by the French ambafiador, animated by new letters from the king
and queen of France, brought over by James Ogilvy, abbot of Dryburgh j
and receiving intelligence, that an Englifh army was fent over to join the king
of Spain in invading France, no longer hefitated to commence hoftilities. He

tcHy, p. 357. g ave a commiffion to attack the Englifh at fea to Robert Barton, who foon made

prizes of thirteen of their fhips. Incurfions were alfo made, probably by vir-

Juiy- tue of letters of marque, into the Englifh borders ; and Henry apprehending a

p. 526. V ° war unavoidable, appointed the earl of Surrey his lieutenant and captain gene-

Au g uft6. ra i on tne marc hes towards Scotland, giving him charge to array and mufter

p. , 339. V ° tri e fencible men of the northern counties, and to lead them forth to refift

the Scots.

Notwithftanding thefe beginnings of violence, endeavours were ft ill ufed to

prevent an open war. Ambaffadors * were nominated by the king of Scotland

a d 1513. to pafs into England in the beginning of the following year; and lord Dacres

Rym. C ib.p. S 347. an ^ doctor Wtft -j- had their commiffion renewed by Henry, for the purpofes
already mentioned. Lord Conyers and Sir Robert Drury were alfo appoint-
ed commiffioners for giving and receiving redrefs of injuries. In confequence

* Thefe were, John lord Drummond, Sir Robert Lauder of Bafs, Sir John Ramfey of——,
Sir William Scot of Btlverley, and Mr, John Henryfon clerk of jufticiary.

+ Weft, according to Lefly, came ambafiador into Scotland March 16, and prevailed with James
to confent to a meeting of commiffioners from each nation, to be held on the borders in the follow-
ing June. Left. 358.

ENGLAND AND SCOTLAND.

of thefe, or the like ippointments, a meeting of commiffioners from both
kingdoms was held on the borders in the following fummer ; where neither
party being in proper temper for fettling the reparation of mutual injuries, a
delay of farther proceedings in thefe matters was propoied by the Englilh com-
mifiioners, until the 15th of October; and this delay was approved by Henry
and his council.

On the laft day of June, Henry pafTed the fea to Calais ; and on the 26th
of the following month, James fent his principal herald to him, with a letter
containing his complaints of the injuries he had received from Henry and his
fubjects, and a declaration of his purpofe to fupport his ally the French king,
and to take fuch meafures as he hoped would oblige the king of England to
defift from his hoftile enterprises againft him ; which he at the fame time en-
treated and required him to do. This meliage was fent by the advice of the
eftates of Scotland ; who, by the inflances of their king, aided by the arts and
money of France, were, not without reluctance in many particular members,
engaged to give their confent to an invafion of England.

In the letter of James, juft mentioned, he takes notice of the deftruction of
Barton, with the iniquitous detention of his fhips and artillery ; the protection
given to the baftard Heron, with his accomplices, in the murder of the Scot-
tifh warden ; and of the fpightful with-holding of the bequelt to his queen, not-
withftanding repeated promifes to fatisfy that demand. He mentions alio the
flaying, upon unjuftifiable pretences, fome of the Scottifh nobles, and the car-
rying of others prifoners into England. He remonftrates againft the unneceffary
delay of redrefs, after the peremptory appointment of the laft meeting on the
marches for effecting it ; and to prove, that it was the view of the Englifti to
difappoint the profeffed purpofe of that meeting, he affirms, that they had
arretted no malefactor, to be produced before it J. James farther loudly
complains of Henry's having refufed a fafe-conduct to an ambaflador whom he
lately propofed to fend to him, at the defire of doctor Weft, his own ambafla-
dor. Finally, he infills on the bonds of friendfhip, and natural relation, that
connected him with the French king and the duke of Gueldre ; who were the
perfons to whom he was to look for aid in his neceflities ; and on whom the
unprovoked attacks of the king of England gave him too much caule to dread
the worft for bimfelf.

This letter of the Scottifh king was delivered by his herald to Henry while
lying before Terouenne, and at the time when he was juft expecting the arrival
of his ally the emperor Maximilian, to receive his pay and fight under his
banner. So flattering a fituation of affairs, concurring with the iniolence of
youth and natural heat of the king's temper, prompted him to give an aniwer
in fuch harfli and paffionate exprefllons, as the herald refufed to repeat to his
mafter. A letter was therefore delivered to him, wherein the ftrain of abufe
and reproach feems not to have been moderated. Henry in this letter

483

James IV.
K. of Scotland.

1513.
Let. of K, of
Scotland to
Henry.
Hoi. p. 29c;,
296. Hall. Hen.
VIII. f. 29, 30.
Lefly, p. 359.

Hill, it,

Aug. 11,

Hall, fol. 29.
Hoi. E. C. S20.

J In vindication of this negleft, the king cf England alleged, that thofe who had committed
{laughter upon the lea, were not bound to appear in perfen at the march meetings; but that the
appearance of their attomies was fufficieiu.

Q-qq

charges

4 S+ THE BORDER-HISTORY OF

Henry viii. charges James with the evident tendency of his complaints and allegations, all
hl° -."--"!_' which, he affirms, had already been fully anfwered, to break that peace which
is«i- he had folemnly fworn to obferve ; a thing which could be no occafion of wonder

31. Lefts 361^ t0 an y wno reflected how much his progenitors had been addicted to the like
perfidy. He reproaches James with behaving dishonourably in taking ad-
vantage of his abfence, which it was evident he had waited for ; as, in none
of his writings that preceded Henry's departure from his kingdom, he had
ever mentioned his taking part with the French. But as the fragility of his
faith, and the tenor of his pait behaviour, had given too much ground of
fufpicion, Henry informs him of the precautions he had taken for the defence
of his kingdom, before he left it, which he trufted would be fufficient;
and, in juff. requital of his unnatural behaviour, he threatens the exclufion
of James himfelf and his defcendants from fucceeding to the crown of Eng-
land, on whkh he alleges that James had fixed his eye. He fets before
him the fate of the king of Navarre; who, by adhering to France, was
now a king without a kingdom : and, affirming that fufficient anfwers had
been formerly given to all other articles of complaint, he pofnively denies that
he had refufed a fafe-conducl to an ambafiador from Scotland •, and afierts that
the Scottilh herald, in making that report, had violated the truth. Finally,
he refufed, with difdain, to own James as a judge in his quarrel with the French
king; or, on his requifuion, to defiff. from the war he was now carrying on in
France. This anfwer, compared with the letter of the Scottifh king, affords
an authentic illuftration of the grounds of the quarrel between the princes, but
could have no effed on the meafures of the king of Scotland ; his herald,
through the want of a ihip, being detained in Flanders, lb as not to arrive in.
his own country until after the death of his matter,
tefjy, 3 r 9 . On the fame day that James difpatched his herald to Henry, a Scottifh fleet,

430! 4*31, p ' commanded by James Gordon, fon of the earl of Huntley, with a body of
Buchan. p. 150,. land-forces on board, failed to the aid of the French king ; and on the 1 a th of
the following month, the lord Hume, chamberlain of Scotland, and warden
of ail the marches, made an inroad into England, at the head of about three
thoufand horfemen, his kindred and retainers*. This incurfion of Hume
had been preceded, at a fmall interval of time, by one made into the Scottifh
borders by a party of Englifh, who had carried off a confiderable booty.
Hume, in the beginning, purfued his revenge profperoufly ; by burning feven
villages nigh the march, and collecting a great load of fpoils from thefe vil-
lages and the adjacent country. Sir William Bulmer, whom the earl of
Surrey had lent forward from Doncnfter with two hundred archers on horfe-
back, to lie in the caftles and fortrefTes of the frontiers, called to his aid the
gentlemen of the Englifh march-, who, after joining themfelves and followers
to Bulmer's archers, did not make up a thoufand men. Thefe placed them-
felves in ambulh among tall broom in the plain of Miliield, nigh the way by
which the Scots were to pafs : and while the latter were returning fecure with
their plunder, the Englifh fuddenly attacked them. The Scots made a brave

• According to Hall, lore! Hume led into England feven or eight thoufand men,

refiftance,

Hall. fol. 3 S.

ENGLAND AND SCOTLAND. 4 S 5

refinance, but could not long bear the fharp and regular fhot of the Englifh h™™ i v -
archers. They were put to the rout, with the lofs of five or fix hundred K - of Scotland-^
killed, and more than four hundred taken pnioners. The prey, among which 1513,
was a great number of Englifh geldings, was recovered. The lord Hume
was obliged to fly, having Tort his banner; and his brother Sir George was
made a prilbner.

The king of Scotland, eager to revenge the defeat fuftained by his warden, Lcfly, 361.
haftened his march into England •, which he entered on the 22c! of Augurt at HaU,toJ " s 8,
the head of a numerous army j-. He encamped that night at Wefilham J,
near the river of Till, and probably remained there the two following days:
for, on the 24th, by advice of the lords in his company, an act was made, Sc
dated at Twifel-baugb * in Northumberland ; ordaining, that the heirs of all P ™iiament.
who fliould be killed or mortally wounded by the enemy, or who fhould die
in the army during the term of their fervice in it, fliould be freed from the
burdens of ward, relief, or marriage, due to the king. This aft was, not
improbably, in imitation of one of like import made by the legiflature of
England, previous to the war wherein that nation was now engaged with France. p ar j, Hifo
From the mouth of Till the Scots army moved down the fide of Tweed, » ol « "'■
to lay fiege to the caftle of Norham. Of this the outworks were foon gained,
one of its towers beat down, and feveral of the garrifon killed-, whereupon
the captain entered into a capitulation to furrender the place, if not relieved on
or before the 2Qth, by the earl of Surrey §, who was then approaching with
an army levied in the northern counties. No relief appearing within the time
limited, the caftle was delivered up to the Scots, who demolifhed a great part
of it. They alfo took, and in part caft down, the caftles of Wark, Etall, and
Ford. They ravaged the adjacent country, collected much booty, and took
many prifoners. With thefe fpoils great numbers of the Scottifh army foribok
their colours, and returned to their homes: and the defertion was farther
promoted by a beginning fcarcity of provifions, and the continual feverity of
the weather •, not many hours palling without rain, during the whole rxpe-
dition. But the king met with an entanglement at the caftie of Ford, from
the art of the lady of that place and the charms of her daughter ||, that is laid

■f Lord Herbert fays, of fixty thoufand, or, according to Come, an hundred thoufand men ;
Hall fayf, that they were, for a furety, a hundred thoufand good fighting men, at the leaft.

t So Leily, and Holinglhed from him. Holingihed and Drummond call Till the river of Twiiel ;
and molt probably XVefilbamia is a Latin name contrived by Lefh tor Twifel itfelf.

* In the date of the aft it is fpelled Twefil-hauch. The ena&ing claufe is, that ' gif any man
* beis flane or hurt to deid in the king's army, and oift be Inglefman, or deis in the army, endur-
' ing the tyme of his oift, his aires fhall have his ward, relief, and marriage, of the king fie, dif-
' penfand with his age, quhat eild that ever he be of.' Black A&s, f. no.

§ According to Hall, the captain had written to Surrey, that he would give the king of Scotland
play before his caftle, til! the king of England (hould come from France to refcue it. He alfo fays,
that the captain fpent vainly his ammunition and arrows, and fo was foon iri want of them. ■
Hen. VIII. f. 37. 33.

|| It was ful'pefled by fome, according to Drummond, p. 74, that the captivity of the lady of
Ford and her daughter, was a fnare contrived by Surrey for the king of Scotland and his (on, the
archbilnep. of St. Andrews, The mother is alfo faid to have been allowed by the king to go to the

En&li(a-

4 86 THE BORDER-HISTORY OF

Henry viir. to have been more pernicious to him than all other circumftances. A propo-
K.ott,ng,an .^ ^ was made, that he fhould attempt the reduction of Berwick, which was
~~ 1513. known to be ill prepared for undergoing a fiege : but the king and his flat-
terers agreed, that this undertaking ought not to divert the army from its
victorious progrefs towards the interior parts of England; for Berwick would
be an eafy conqueft, on their return. Mean while, no progrefs was made for
fome days in any other direction •, the amorous king being held in the chains
of the foft paffion, while the fpirits of his army fubfided, and its numbers di-
minifhed.
Hail.foi. 3?. "While the king thus wailed his time, the earl of Surrey was leading towards

him an army of twenty-fix thouiand men. This commander, in paMing
through Durham, obtained from the prior of the convent the banner of St.
Cuthbert to be difplayed, for the purpole of animating the zeal and courage
of his northern troops. On the 3cth of Auguft he arrived at Newcaille,
where he was joined by the lord Djcres and fome others of chief rank and
intereft in the north : in concert with whom he refolved to take the field at
Bolton in Glendale, on the fourth of the following month. He arrived at
Alnwick, diftant about five miles from the place of rendezvouz, on the third ;
but the heavy. rains had marred the roads, fo as to retard the arrival of his
foldiers, and to oblige him to remain at Alnwick all the fourth. On that day
he was joined by his fon Thomas *, now the lord admiral, and brother to the
late gallant Sir Edward f, accompanied with a confiderable body of good
forces, which he had brought by lea to Newcaftle. Immediately after this

Englift) camp, on her promifing to convey to him intelligence of what was doing there; but the
advertifements fhe fent were contrived to ferve the views of Surrey. The only account found in the
Englifh hiftorians of any intercourfe between the king and the lady of Ford, appears in the meffage
mentioned a little below, fent by the earl of Surrey to the Scottifh king from Alnwick. This mef-
fage, Hall fays, he gives •verbatim as fubfcribed by Surrey; and the firlt article of it bears, that
Elizabeth Heron, wife to William Heron of Ford, which William was then prifoner in Scotland,
having folicited king James to preferve the caftle of Ford from demolition, fpoiling, or burning ;
the king had confented to it, on condition that the f.iid Elizabeth fhould bring and deliver to him,
on the forenoon of the 5th of September, the lord Johntloun (laird of Johnlloun) and Alexander
Hume, at that time prifoners in England. Surrey cfFers immediately to reitore thefe prifoners,
.upon receding an afTurance of protection fjr the caftle under the king's feal : and he farther
promifes to reflore Sir George Hume and William Carre, on condition that the king would free
Heron from his captivity in Scotland. The return made by James's herald (liay) to thefe propofab
was that his majier thereto would mJe no anfwer. Hall, Hen. VIII. fol. 39.

* Lord Herbert, probably from Hall, who feems to fay the fame, fol. 38. 1. fays, that lord
Thomas brought with him about a thouiand men According to Stowe, the admiial joined his
father with five thouiand foldiers from the king's army in France. It appears from the renewal of a
grant that had been made to the earl of Surrey, as a reward of this fervice, after he had become
duke of Norfolk, that ' the men, wherewith he mod opportunely joined his father, were part of
' his marine forces. It is added, that' his fervice in the battle was very confpicuous; he having
' at once performed the function of a wife leader and a brave foldier.' Rymer, vol. xiii. p. 44.
Carte fays, that the lord Thomas, being lent with a well-manned fleet to the coal! of Scotland, in
defpair of any aftion by fea, landed and joined his father with five thoufand men. Carte, vol. iii.
p. 12.

■f Sir Edward Howard was drowned before Breft, 25th of April 1 513, in adefperate attack he
made on the French fleet there.

jun&ion,

ENGLAND AND SCOTLAND. 487

junction £, the difpofuion of the whole army was fettled, and Surrey, think- J*""!^

ing his ftrength fufficient to encounter the Scots, and defirous to bring mat- ■ ' c " a " *-

ters to the decifionofa battle, on account of the difficulty offubfifting in a bar- >s'3«

ren defolated country, and during a fevere feafon, difpatched an herald (Rouge

Croix) from Alnwick, on Sunday the 4th of September, offering the king battle

on the Friday following. The herald had orders at the fame time to charge the

king with the breach of the league of perpetual peace between the nations, of

his own oath confirming it, and the many iniquitous deeds of violence and

rapine committed on the places and fubjecls of England, fince his hoftile

entrance into that kingdom. The lord Thomas alfo required the herald to

certify the king of his prefence in the Eng'ifh army ; and that having come

by fea, where he had fought the Scottilh fleet in vain, he had refolved to land,

that he might have the opportunity of jujlifyir.g the death of Andrew Barton,

which he had been often fummoned to anlwer for on the days of truce ; that

he would be in the van of the battle ; and as he expefted no quarter from his

enemies, fo he would give none, unlefs to the king himfelf, if he fhould fall

into his hands. Thefe fierce challenges anfwered the purpofe for which they

appear to have been fent. The king thought it would wound his honour to

refufe them; and therefore immediately difpatched one of his own heralds

(Hay) to inform Surrey, that to meet him in the field of battle was fo much

his wifli, that although he had been then at Edinburgh, he would, in order

to meet him there, have left all other bufinefs. He alfo fent by his herald a

fhort declaration in writing, containing an anfwer to Surrey's accufation of his

breach of faith. In this he affirmed, that his brother the king of England Han.Hen.vnjj

was under equal obligation with himfelf to obferve the league; that when he {ol *°'

laft fwore, before the Englifh ambafladors, in prefence of his council, he

particularly expreffed in his oath, that he would keep the peace with his

brother of England, if his brother kept it to him, and not otherwife. He

alfo now declared, with all the folemnity of an oath, that his brother firft broke

faith to him, for which he had frequently demanded redrefs ; and lately had

given him notice of his refolution to proceed to the hoftilities which he had

now commenced •, which was more than his brother had done to him. On

the equity of thefe proceedings he refted his quarrel ; which, by God's help,

J The fore-ward, or firft line, was commanded by the lord Howard, admiral of England; with
whom were thofe he brought from the fea, the lords Clifford, Conyers, Latimer, Scrope of Upfale,
Egle, Lumley, Sir William Bulmer, with the power of the bifhoprick of Durham, &c. The
right wing of this line was commanded by Sir Edmund HowaiJ, marfhal of the army; with
whom were Sir John Bothe, Sir Thomas Butler, feveral efquires of note, with the men of Hull and
the king's tenants of Hatfield. The left wing was led by Sir Marmaduke Conftable ; who had with
him his fons and kinfmen, Sir William Percy, and a thoufand men of Lancafhiie. The rear-ward
was led by the general himfelf; with whom were, the lord Scrope of Boiton, Sir Philip Tilney, Sir
George Dare/, Sir John Stanley, with the bifhop of Ely's fervants, feveral other eminent knights,
the citizens of York, Lyonel P^rcy, with the abbot of Whitby's tenants. The lord Dacres was
captain of the wing on the right of the general's line, and commanded his own men. The other
wing was commanded by Sir Edward Stanley knight, who led the remainder of the forces from the
county palatine and Lanc.tfter. Holingfced fa)s, that afterwards, upon fome occafion, this order
was fomewhat altered. Eng. Chron. p. 826.

4 8S THE BORDER- HISTORY OF

Henry vin. it was his purpofe to maintain With his arms, on the day that Surrey had

K.of Enehnd. i r r

K __ , named.

1513. This refolution of the king is laid to have been contrary to the declared

fentiments of the greateft part of his nobles. They inlifted on the grievous
diminution of their own army, and the great fuperiority of numbers on the
fide of the Englifh; that by the exploits already atchieved, the king had
acquired abundant honour; that his expedition into England had been of the
preateft utility to his ally the French king, by detaining at home a numerous
body of Englifh forces ; that his returning into Scotland would oblige the Eng-
lish either to retire or difperfe, as it was impoffible they lhould fubfift in a
country laid wafte by the calamities of war; that if they lhould prelume to
follow him, he would fight them within his own kingdom with far greater
advantages on his fide; finally, that the lofs of a battle, wherein the king
and all the chief men of Scotland were prefent, could not fail to produce the
molt fatal confluences. Thefe topics are faid to have been prefied with fo
much vehemence by the old earl of Angus, that the king told him, if he was
afraid, he might go home; and the earl, judging it repugnant to his honour
to fi^ht under the ftandard of a prince from whom he had received fo great an
affront, requefted and obtained his difmiffion : but, as pledges of his loyalty
and good affection, left behind him two of his ions *, and a confiderable body
of nis name and kindred.

But although thefe remonftrances of James's nobles availed nothing to fhake
the kind's refolution of awaiting his enemies, yet his fenfe of the inferiority
of his numbers, and the reluctance of his great men againft advancing any
farther into Engbnd, determined him to make choice of an advantageous
fuuation for his army, in the neighbourhood of Ford. This was the hill of
Flodden, lying over againft that place on the other fide of the Till, weft-
ward. It is the laft and loweft of thofe eminences, that extend on the north-
eaft of the great mountain of Cheviot, towards the low grounds on the fide of
the Tweed ; from which river Flodden is diftant about four miles. The
afcent to the top of it, from the fide of the river Till, where it runs in a nor-
therly direction, juft by the foot of the declivity on which the caftle and village
of Ford ftands, is about half a mile; and over the Till, at that place, there is
a brid°e. On the fouth of Flodden lies the extenfive and very level plain of
Milfield, having on its weft fide high hills, the branches of Cheviot, on the
north Flodden and other moderate eminences adjoining to it, on the fouth and
eaft a tract of rifing grounds, nigh the foot of which is the flow and winding
courfe of the Till. The neareft approach of the Englifh army towards Flod-
den was through this plain, in every part whereof they would have been in full
view of the Scots ; and the latter had a great advantage in poffeffing an emi-
nence which, on the fide towards the Engliib, had a long declivity, with
hollow and marfhy grounds at its foot ; while the top of it was fuch an extent

* They both fell in the battle, together with two hundred gentlemen of the name of Douglas.
^»odfc. Hift. Douglafl'es, vol. ii. p. 57.

ENGLANDANDSCOTLAND. 489

of almofi level ground as would have fufficed for drawing up in good order the K ^ f m s " l X' ,
forces that occupied it. Surrey, fen fible of thefr. advantages on the part of his ^ c c °_' n ^
enemies, and being now encamped on Wooller-haugh, to which he had ii 3-
marched on Tuefday the fixth of September, in order of battle, from Bolton,
fent by an herald a letter -f- to the Scottish king, fubfcribed by himfelf, his fon
Thomas, and the reft of the lords and principal captains of his army. Having
fucceeded in his former experiment of piquing the honour of the gallant
monarch, he was refolved to make a farther trial of the fame kind. In this
letter therefore he put the king in mind of the readinefs wherewith he had
accepted the offer fent to him of a battle, to be fought on the Friday follow-
ing; but added, that, inftead of abiding, according to his promife, in the
place where the Englifh herald had found him, he had removed into a fitua-
tion more like a fortrefs or camp than an equal field for the engagement of
armies. He therefore defired the king to come down from his heights, and
to be with his army on the day following, on the fide of Milfield- plain neareft
to his prefent fituation •, promifing, ior his part, to be in readinefs with his
own army, on the part of the plain next to himfelf, to join battle, between
twelve o'clock and three in the afternoon •, provided the king fhould, by
eight or nine of the next morning, fend by the return of the herald adver-
tilement of his intention to meet him. He defired farther, that, as he and
the n^Lk-mC^ of his company did now bind themfelves, by fubfcribing this
letter, to keep he time abovementioned, the king would in like manner, by
letters fubfcribed with his own hand, give them affurance of complying with
their defire; and that he would dilpatch the purfuivant immediately-, as
*' they thought th.t the long delay of fo honourable a journey would found
" to the king's diffnnour."

This meffage fail'. d of the effect that Surrey hoped for. The Quixotifm of
the king that prompted him to embrace fo eagerly the former challenge, was
either abated by fucceeding cooler reflections, or an infuperable bar was put
by the oppofuion of his nobles to his abandoning his prefent advantageous
fituation. He refufed to admit Surrey's herald to his prefence; but having
fent one of his fervants to receive his meffage, he anfwered by the fame fer-
vant, that it became not an earl to behave in that manner to a king; but that
he himfelf would ufe J no finiftcr arts of conquering, nor did he truft to the
advantage of any ground. Surrey having received this anfwer, and his army
being reduced to great ftraits for want of provilions*, was obliged to try ano-

f This letter is dated from the field of Wooller-Haugh, 7th September, at five o'clock in th«
afternoon. Stowe, p. 493. The names of thofe fubfcribing it, befides Surrey and his fon, as
given by Stowe, are, Thomas Dacre, Clifford, Henry Scrope, Ralph Scrope, Richard Latimer,
William Conyers, John Lumley, R. Ogle, William Percy, Edward Stanley, William Molineux,
Marmaduke Conftable, William Gafcoigne, William Griffith, George Darcy, William Bulmer,
Thomas Strangeways, &c.

t Ufe lroforcery. (Hall )

• Hall fays, that on the day of the battle the Englifh had no victuals, and were farting, and
that for two days before they had only drank water. Yet, on the day of battle, he fay, they kept
airay on horfeback from fi\e in the morning till four p. tn. and. were always in fight of the
Boob, fol. 12.

R tx *her

49°

Henry VIII.
K. of England,

faul, Jov,

Buchanan,

THE BORDER -HISTORY OF

ther method of bringing the Scots to a battle. With this view, having parted
the Till near the place where he encamped, he marched through difficult
grounds-]- on the eaft fide of it; and flopping in the neighbourhood of
Baremoor-wood, about two miles diftant from the Scottifh army, fpent the
night there. A little hill on the eaft of Ford covered the Englifh army from
the obfervation of their enemies ; while, from this eminence, the lord admiral
obtained a diftinct view of all the Scottifh army and of the hills and fields in
their neighbourhood. Upon the admiral and his party, while reconnoitring,
or fome part of the Englifh army that feemed neareft to them, the Scots fired
fome of their cannon, without any effect. Next morning the Englifh army,
continuing their match in a north-wefterly direction, almoft to the confluence
of the Till and Tweed, did again crofs the firft named of thefe rivers •, the
van-guard and artillery over the bridge of Twifel, and the rear-guard by a
ford nigh a mill J, about a mile above that bridge; and then the whole army
bent their inarch towards the hill of Flodden. By thefe motions the Englifh
general, putting himfelf between the Scots and their own country, did at
once make it neceffrry for them to fight ; and had, on this fide of the hill, arv
accefs much lefs difficult and dangerous than on the other.

The Scots had thought themfelves fecured againft the approach of their
enemies from the oppofite fide of the Till, by the depth and bad fords of
that river, through a long tract of its coune on each hand of them, and by
a battery of cannon * they had erected, near the foot of the eaitern declivity
of Flodden hill, bearing full on the bridge of Ford. They feem not to have
thought of the compafs that Surrey now made, and upon obferving his firft
eroding of the Till, and his marching at fome diftance on the other fide of it,
they imagined, that he intended alio to crofs the Tweed, perhaps by the
bridge of Berwick, in order to ravage the fertile country of the Mers, and to
draw fubfiftence from it to his ftarving army. In this opinion, the king of
Scots is faid to have been induftrioufly confirmed by Giles Mufgrave, an
Englifnman, who enjoyed a great degree of 'his confidence, and traitoroufly
abufed it to the king's deftruftion. Mufgrave's intention was to draw the
king from his heights, to obferve or purfue the Englifh. On the other hand,
the Scottifh nobles, who were averfe to the king's hazarding a battle, took
occafion from thefe motions of the Englifh, to perfuade him to retire without
delay into his own country •, which, as the Englifh were plainly moving away
from him, when the time prefixed for the battle was fo near, he might do,
without the leaft violation of his honour. But the king declared an invincible
refolution to keep his ground, and wait for them all the appointed day.

f Over many hills and Jlreights. (Hall.)

% Several of ihe hiftorians call it Milford. There is no ford now of that name in the neighbour-
hood. But the name indicates a ford nigh a mill ; and the neareft ford to the biidge of Twifel
beinc; that at the mill of Heaton, about a mile farther up the river, it is, probable that this is the
ford meant. The caflle of Heaton was one of the fmailer fortrefles which the Scots had demolifhed
in the beginning of this war.

• The veiiiges of the intrenchment for this battery ftill remain.

5 When

ENGLAND AND SCOTLAND.

When oo that day it was perceived, that the Englilh had again crofTed the
Till and were marching, in the man ,cr above del'eribed, the Scots could no
longer doubt of their refolution to come to an engagement. In order there-
fore to receive them with greater advantage, and to pre -occupy the grouml
which it was believed che Englilh woukl'attempt to gain on the weltern li
the hill, the Scots, fetting fire to their huts on the cailern part of it,, made i
motion we it ward •, and die lmoke being driven between the armies, concealed
them from each other, until the Engk'h had almoli anived at the foot of the
hill. Surrey, favoured by die trepidation which the unexpected circumftances
of his approach had excited in the Scottish army, and perceiving the afcent of
the hill*, to be lhort and moderately fteep, refolved immediately to give
battle.

The Englifli army advanced in three divifions f ; the van under Thomas
Howard, the general's eldeft fon, lord admiral of England ; the right wins

491

Jjmti W.
K. oFScoi!»n !.

Sift. >.

71 from Wei.
vet's Fun Mop.
p. 834.

• This hill Hall cnlls Brumiton, and Stowe fays, the king was flain at Erumfton on Piperd Hi-.
Hall fays, the brook at the foot of it, which is but a man's llep over, is called Sandy ford. A
piece of bare rock rifing abave the furface of the weft end of the hill, is flill called the King's
Chair. Dugd. Baron.

•f The following account of this battle was inferted in the table affixed to the duke of Noif. Ik's vo1 - ■•< P-*'°»
monument at Thetford. On the earl's hearing of the king of Scotland's invading England, he
made as great hafte towards him as he could, with the king's (Henry's) power of the ncrth parts,
and took his lodging in the camp or plain called Wollarhaugb, in the countv of Northumberland,
which was in the fight of the king of Scots and all his army then lying on Flodden-hiil, a ground
more tike a camp or fortrefs than any meet ground to give battle on, contrary to his promt's made
to Rouge-croix, pourfivant at arms, before fentinto him fora the faid earl with a mellage, that the
laid earl, with lord Howard, then admiral of England, his fon, and the noblemen 01 the r.or:ri
parts, tti.li cil.e- the king's fubjeds of the fame north parts, was come thither to reprefs and refill
his invaiians of his fovereign lord's realm, defiring the faid king of Scots to give him battle.
Which his mefTage the king of Scots took very thankfully and joyotifly, promifing him to abide
there on the fame ground, where he then was : which his promile he brake, as is aforefiui, and
took Flodden-hills, a ground impregnable, and fhot at him his great ordnance, whereas he lay like
one minded to keep it like a fortrefs. And when the faid earl did perceive, that he had broken his
promife, and taken fo ftrong a ground as Flodden-hills ; he then, the faid earl, removed all hit
batail into a plain befides Barmer-wood, to the entent to get between him and his own realm of
Scotland, and there lodged but one night, and on the next morning took his paffage over the

water of at Twyfull Forthe ; and then he marched the faid king and his hoi! in (uch manner

as he got between him and his aune realm of Scotland ; by force whereof the king was fain to leave
his camp and to prepare himfelf to battle with the laid eari, on a hill befides Bramfton in Northum-
berland, very near unto Sandyford, where the faid earl, with the good affillance of the noblemen,
and the power of the faid north parts, fought with the faid king, and him vanquifhed and flew in
plain battle, direftlv before his own ftandard. In which battle, were flain on the Scottifh part, two
bifhops, eleven earls, feventeen barons, four hundred knights, befides other gentlemen, with
feventeen thoufand in number, which were numbered as well by Scottifh men as by them that aid
bury the mofl part of them. And of truth divers gentlemen and others, as well of the faid earl's
fervant?, as of the north parts, and of Chefhire and Lancafhire, were there flain. — And this done,
the faid earl went to Berwick, to eftablifh all things well and in good order, and fent Lr the dead
bodv of the king of Scots to Berwick ; and when the ordnance of the king of Scots was brought
off the field and put in good furety, and all other things in good order, then the faid earl took
his journey towards York, &c.

According to Hall, whofe account of this battle appears in feveral refpe£ts more accurate than
that of other compilers, after the Englifhmen had paiTed the little brook of Sandyford, ar.d each
army had a clear view of the other, the lord admiral perceiving the Scot, approaching towards him,

R r r 2 drawn

492

THE BORDER-HISTORY OF

Henry viii. f it being led by Sir Edmund Howard, brother to lord Thomas, and knight'

^ v "- Ea lt' marfhal of the army. The middle divifion or main battle was led by the earl

1513. of Surrey in perfon, and the rear by Sir Edward Stanley. The lord Dacres

stowe,49i,493- comman ded a body of reierve, confining of horfemen. The ordnance was

Hoi. Eng. chr. placed in the front of the battle and in the fpaces between the divifions. The

ik,!han. 1 13. van of the Scottifh army was led on the right by Alexander Gordon earl of

Drummond. Huntley *, and on the left by the earls of Crawford and Montrofe, and, ac-

au. jov. , 10. corc jj n g t0 f omC} tne i orf j Hume. The king was in the middle or main body. .

drawn up in four great bodies, armed with long fpears like moorifh pikes, fent to his father the-
Agnus Dei, that hung at his breaft, as a token, accompanying a requeit, that, as the van or ths'
army was r.ot fufficient'y itrong or extenfive to receive the brunt of the whole Scottifh army, h ; s<
father would bring up the forces of his divifion, and range them in one line with thofe of the van. .
The Engliih general, convinced of the expediency of this drfpomion, immediately advanc.-d with
his forces, and drew them up to the left of thofe of his fon. The Engliih artillery then beginning
to play, and doing confiderable execution among the Scot?, made them with greater expedition
defcend the hill ; which, according to this author, they did all about the fame time. And firft, .
Sir Edmund Howard, who was on the right or weflmoft part of the Englifh army, was encountered
by the lord chamberlain of Scotland, with his battle of fpears, to the number of ten thoufand..
This wing of the Englifh was totally broken, and Sir Edmund their leader in the greateft hazard,
as is mentioned in the text. Next to the eaft was the lord admiral, with whom encountered the earls
of C'awford and Montrofe, both which earls were fUin, with many of their followers. E .ill ward
from the lord admiral, was his father the earl of Surrey, toward whofe (landaid the king of Scot-
land directed his attack, attended by many of his nobles, barons, and fpearmen, on foot, all very
firmly armed. The Englifh army was clofed on the eaft by the left wing of the general's divifion,
commanded by Sir Edward Stanley, who mounting the hill before the Scots were aware, encounter-
ed with the earls of Huntley, Lennox, and Argyle, of which the two latter were flain ; and. •
Huntley mounting a horfe faved himfelf by flight, Stanley purfued the Scots over that part of the
/ield where their king had been engaged ; and his men leaving the purfuit fpoiled the dead bodiea
of the king, and thofe who had fallen with him. Hall. H. VIII. f. 41, 42.

The account of the battle of Flodden, contained in the inft uftions to Andre* B ownhill, .
envoy from the regency of Scotland to Chriftim II. king of Denmark, and daed January 16, 1 5 14,,
though fnort, and certainly not free from partiality, yet ferves to illullrate, and is, at the fame time,
illuftrated by the more circumftantial hi!lory of it we have given, " Genitor noiter fubitariurn..
" conflat exercitum,— — et Angliam ingreffus caftella aliquot, paucis diebu<, capit et expugnat,
" Nee fatis caute verfatus eft exercitus ncfter, et jam fraftus ; aliis Iaborum et rei militaris infuetis.,
" aliis morbo et aeris intemperie langurdis domum dilapfis, rex nobis genitor, cum regni paribus et
0) A pittktJ " nobilium manu in h^ftili agrofubfidet, Jlatariam p-ignam [a) expedlat. Sed Angli dolis intenti,
ka»tlt. << locum et horam belli ftatuto die deU-eftantes, pugnam diflimulant; donee fub vefperum, loco

" undique rnunito et paludofo, fe oftentant. Quos in confpeftu ferre pater nobis chariflimus
" impatiens, nullo fuorum ordine fervato, ex loco fatis adverfo et maligno, audacius decurrit in
•« hoftem ; et primus ipfe, aut inter primos fe et plurimos regni nobiles inconfultus perdidit,
"' bellicas machinas et exercitus farcinas 2mifit, caefis tamen ex hoftibus multo fupra quam ex noftris.
" Sed nobiliores viri a fronte, et acie apud nos ceciderunt; contra apud hoftes optimus quifque in
" fubfidiis et a tergo fteterat." Ep. R. Sc. p. 1S7.

* According to Ltfly, the earl of Huntley led the right wing of the Scottifh army, accompanied
by lord Hume; the earls of Crawford and Mon rofe the left; and the king kept the middle ward
with the earh of Argyle and Lennox on either hand of him. Lefl. p. 364, According to Paulus
Jovius, J inies drew up all his forces in five fquare bodies, fo that the third of thefe (tertium agmen)
in which the royal ftandard was ererlted, and all the chief men fought, was inclofed on each lide by
a double line, forming, as it were two wings (duflici utrinque ache tanquam duobus cornibus claw-
Jentur). On the right, Huntley, Crawford, and Montrofe ; and on the left, Hume, Lennox, and
Argyle, men celebiated for their military fkill, had the chief command. Jovius adds, that the
king fct knights or gentlemen over the feveral bands, and with thefe fome French officers, whom
Louis had'fome time before fent over to Scotland? to teach military difcifline.

ENGLAND AND SCOTLAND.

493

A' third divifion was commanded by the earls of Lennox and Argyle, with ]*<nniv.
whom were Mackenzie, Maclean, 'and the Highlanders. Adam Hepburn *' ofScatb °j'
earl of Bothwell, with his kindred and clients, and the gentry of Lothian, 1513.

fcrmed a body of referve. The Scots had alfo a confulerable train of artillery.
The advantage of cannonading was wholly on the fide of the Englifh, the
great guns of their enemies being planted lb high as to flioot over their heads ;
while thofe of the Englifii were fo well directed, that the chief cannoneer of
the Scots was (lain, the inferior gunners driven from their pieces, and feveral
in the center of the Scottifh army killed by the (hot. But the earls of Lennox
and Argyle, together with lord Hume, moving with a body of fpearmen,
fupported by fome horfe, down the hill towards Brankfton, made a fierce
attack on the wing commanded by Sir Edmund Howard, who was advancing
boldly towards them. The fhock was violent, but the Scots prevailed ; and
Sir Edmund was reduced to the laft extremity, himfelf beaten down the third
time, and in immediate hazard of being killed or taken ; when lord Dacres, and
the baflard Heron, who had joined the Englifii army, with a troop of fierce Paul. Jo»,
outlaws, his followers, came in time to bis refcue. Sir Edmund, thus re-
lieved, immediately joined the body commanded by his brother lord Thomas,
and the two brothers advancing againft the earls of Crawford and Montrofe,
whofe men were armed with ipears, a fliarp conflict enfued, wherein the Scots
were put to the rout, and the two earls flain.. On the other fide of the field,
Sir William Stanley, by the incefiant fhot of archers commanded by himfelf,
Sir William Molyneux, Sir Henry Kickley, and others, of Lancafhire and
Chefhire, forced the Scots to break their array, and come down to more even
ground, where being attacked by three different bands, they were difcomfited
and put to flight ; the earls of Argyle and Lennox being flain on the fpot.
What the Engbfh writers afcribe to their archers in this part of the battle, the Buchanan*.
Scotch attribute to the undifciplined ferocity of the Highlanders, who, ani-
mated by the fuccefs of the attack made on the wing of the Englifh, com-
manded by Sir Edmund Howard, could not be reftrained from rulhing down'
the hill upon their enemies in a precipitate and diforderly manner; notwith-
ftanding the fignals, cries, and menaces, of La Motte the French ambaflador.
The king of Scots was feized with the fame warlike rage ; for no advice, no
remonltrances of his attendants, could hinder him from expofing his perfon
in the thkkeft of the battle. Being joined by the earl of Bothwell and his
band, he charged on foot *, at the head of his beft men, who were fo firmly
armed as to fuffer little from the arrows of the Englifh. The attack made by
him was pufhed and maintained fo vigoroufly, that he had almofl overthrown
the ftandards of the earl cf Surrey; who at the fame time was exerting all
his powers, both as a fkilful commander and vali.int foldier. But the winos
of the Scottifh army being totally routed, the lord Howard and Sir Edward
Stanley, with their victorious followers, returned to the place of action, and
aJTailed on each fide, the remnant of the Scottifli army that ftill fought around

* This, according to Paulus Jovius, was the cu.P.om cf the nation ; ut trjriato omnium perhulo,
tkfpe fug/t fublata- Jimul et torporis robur e! animi •virtultm af.tndertt,

their.

494

THE BORDER- HISTORY OF

Henry vin. their king, which was attacked alio on the rear by lord Dacres's horfe. What
. o nj, an . a j one rerr)a j ne! J t0 t he Scots was, a delperate effort of fighting in a circle
1513. againd their toes encompaffing them on every fide; nor could any thing be
gained by this but the Idling of their lives at the deareft: rate. 1 he king
feeing his ftandard-bearer Sir Adam Forman hi!, and difdaining the thoughts
of captivity, preffed into the middle of his enemies, by whom, with many
wounds, he was (lain *. Nigh to him fell h;s natural Ion, the archbiflbopof St.
Andrews, a youth of the greateft hopes; and in the circle, three other eminent
churchmen, with an amazing number of nobles and gentlemen -f.

This memorable battle began at four o'clock in the afternoon, and con-
tinued until darknefs obliged the combatants to give over. Nor were the

• That this was truly the king's fate, may be inferred from the univeifal content of the Englifh ;
to many of whom his perfon could not but be familiarly known. The lord Dacres, in particular,
who is faid to have difcovered his dead body, had not long before been ambaflador at his c^uit.
The king's acknowledged military prowels, and the accounts in which the hiftorians of the two
nations agree, of the manner in which he engaged his enemies, and was furrounded on all fides,
make his fall highly credible; efpecully, as almoft all his attendants were certainly (lain. It is
related, that the Scottilh nobles had perfuaded the king to have feveral perfons furnifhed with
armour, refembling that which he wore himfelf, as had not long before been praflifed, for the
fafety of the French king Charles VIII. at the battle of Fuornovo in Lombardy. Alexander lord
Elphinfton, being one of-thofe equipped in this manner, did at the fame time much refemble the
king in looks and ftature ; and it is conjectured, that the F.ngliih miftook his dead body for that of
the king. But is it not probable, that the Englilh would be acquainted with this contrivance, and
by the ftrictnefs of their inquiry, the means whereof they haJ certainly in their povyer, would
endeavour to avoid any fuch miftake ? And is it not rather probable, that the perfon, who was feen
by Laurence Tadfer (Buchanan's Evidence, 1. 13.I eroding the Tweed, and was affirmed by him
to be the king, was fome one of thofe who reprelbntcd him ; efpecially when it is confidered, that
this palling of the Tweed mull have happened in the evening ? In fo general a dellruCiion cf his
king and fellow nobles, it was confidered as a reproach to Hume, that he mould remain alive ; and
the ignominy and odium was increafed by his bringing off unhurt a great part of his followers.
If the king was indeed killed by any of thefe, as one of them, Calbreath, is faid afterwards to
have boafted, (according to whom the murder was perpetrated nigh Kelfo,) perhaps they gave him
the fatal blow on the field cf battle, where fome of Hume's people fpent part of the night in
rifling the dead. As to Carr, another follower of Hume, driving the abbot of Kelfo cut of hi*
houfe the night after the battle, it may be very well fuppofed, that thofe who left the field in the
evening had good reafon, from what they had teen, to be perfuaded that the king was dead,
although they were nowife concerned in killing him. It feems evident, that the court of England
had no doubt of having the dead body of the king in their pofTeffion, from Henry's foliciting and
obtaining a difpenfation from the pope, who had fulminated his fentence of excommunication againft
James, on account of his breaking the peace with England, to give the body chtiftian burial ;
which Henry intended fhould be at St. Paul's. But it may be alleged, that this funeral being never
celebrated, looked as if doubts had arifen about its being the real body of the king. It was tran-
sported firft from Berwick to Newcaftle, and thence to the monaftery of Shene or Richmond ;
where, after the diffolution of that monaftery, it was fhevvn to Stowe the chronicler, wrapt in lead,
and lying in a room full of rubbifh. Chr. p. 494. Alfo Survey of London.

•f Abercromby's lift of /lain contains the following perfons, viz. Alexander Stewart archbifliop
of St. Andrews, George Hepburn bifhop of the Ifles, William Bunfh abbot of Kilwinning,
Laurence Cliphant abbot cf Inchaffray, the eails of Crawford, Lennox, Errol, Athol, Morton,
Argyle, Montrofe, Caflils, Bothwell, Rothes, Caithnefs, Glencairn. The lords Seton, Maxwell,
with his three brother*, Borthwick, Sempill, Erfkine, Forbes, Elphinfton, Yt-ller, St. John's,
Harri?, Innermeath, Sinclair, Rofs, Douglas mafler of Angus, and his brother Sir William of
Glenbervy, mailers of Ruthven, Marfhal, Lovat, Oliphant. There are befides in Abercromby's
catalogue, Seventeen knights and twenty-five gentlemen, heads pf families of note,

Engliflv

ENGLAND AND SCOTLAND.

495

Englifh altogether allured of their victory until the return of day. A con- J J "« IV.
iiderable body of borderers commanded by lord Hume, had flood aloof during ^- ° f S cotland.
the molt dangerous part of the battle ; and it is faid, that when that lord was iji 3 .
required by the earl of Huntley, to attempt to difengage the king, he anfwered,
that the wan did well that day, who flood and faved himfelf*. During the night
the followers of Hume made a great b ;oty by gathering the fpoils of the Gain;
and at the fame time, the banditti of Tindale and Tiviotdale, that like birds
of prey had been hovering in the neighbourhood, were employed in rifling
the tents and ftealing the horfes of the Englifh. When the light of day re-
turned, the fields were ken wholly evacuated of the Scots; and their cannon,
in number twenty-two, flood deferted on the fide of the hill. The Englifh
general immediately caufed folemn thanks to be offered to Heaven for the
victory, and created on the field thirty-five knights. The heaps of flam were
next examined, among which, the dead body of the king was dilcovered by
lord Dacres, who fhewed it, after it was carried to Berwick, to Sir William
Scot the Scottifh chancellor, and Sir John Forman his ferjeant porter, who Hail. f. 4j,
had been taken prifoners in the battle, and by them it was immediately known.
Being emboweiled and wrapt in lead, it wa^ kept at Berwick until the king's stowe.
pleafure concerning it was known. To that place were alfo carried the Scottifh
ordnance, among which were feven fine culverins, from the famenefs of their
make and fize, called by the king, the feven Jijlers. The accounts of the
number of flain in this battle, as in moil others, are very different. Buchan-
an relates, that it appeared from lifts taken up through the feveral counties of
the kingdom, that the lofs of the Scots exceeded five thoufand. But the quality
of the flain enhanced this lofs beyond exprefiion. Some of the Englifh
writers compute the lofs of their countrymen to have been only one thoufand
five hundred killed and taken prifoners; but, though the number had been
much greater, as the Scotch hiltorians affirm it was, yet when compared to the
deftruttion of their enemies, it was of no confederation, as icarce an Englifh-
man of note f fell in the battle.

Although Surrey gained this great victory at fo fmall a diftance from the
marches of the two kingdoms, yet he did not profecute it, bv paffing them
with any part of his army ; which may be afcribed to his commiffion, con-
fining him to a defenfive war, to the inclemency of the weather and fcarcity
of provifions, or perhaps to the lofs of greater numbers in the late action,
than the Englifh writers acknowledge. He was foon after, in reward of his a. d. i 5 i 4 ,
fignal fervice, created duke of Norfolk; a title which had been conferred by „ j eb B 2 '..
Richard 111. on his father, who fell fighting on the fide of that tyrant in Bof- 168. '
worth field. An augmentation was appointed to his arms J, exprdlive of his Haluf -4 6 .

* Yet in Abercromby's lift, are thefe gentlemen of the Mers, David Hume of Wedderburc,
James Haig of Bemerfide, Cuthbert Hume of Faftcaille, Robert Blackader of Blackader, William
Spotfwcod of Spotfwood.

f This ciicumflance ihews, that much execution was done by the Englifh artillery and archers.

J This wa«, on the bend thereof, the upper half of a red lion, painted like that in the arms of
Scotland, pierced through the mouth with an arrow; another proof of what wasobferved above,
that the victory was chiefly owing to the Englifh bowmen.

victory

4S C THE BORDER-HISTORY OF

H;nry Viir. victory over a king- of Scotland-, and his late title of earl of Surrey was given

.' ° " ;an ', to his fon the lord admiral. Sir Edward Stanley was foon after created lord

*sh- Mounteagle ; and letters were written in the name of the king, after his return

from France, to all perfons of note who had fought in his army at Flodden,

extolling their gallant behaviour, and alluring them of more folid fruits of his

gratitude, as opportunities mould arife of conferring them.

JfT" y^. The (late of Scotland, in confequence of the late ovei throw, was deplorable.

Their king was an infant about feventeen months old ; and many of the heads

of the principal families of his kingdom were either in nonage, like their

fovereign, or in the period next to ir, wild and unexperienced youth. This

fituation of affairs opened a tempting field to the few that were left of more

mature age, and whole ambition and private interred had a greater fway over

•»rum. P 79. their minds, than the duty they owed to their country. The late king, by a

teftament he had made previous to his fatal expedition, had appointed, on the

event of his death, the queen to be regent * of his kingdom, as long as fhe

continued unmarried. This appointment the eftates of the kingdom ratified,

and by doing fo, advanced, for the firft time known in Scotland, a woman to

•the place of fupreme authority -f-. But their condition was very forlorn, and it

appeared a good mean of conciliating the favour of the Englilh monarch, to

confirm to his fifter the honourable ftation which her deceafed hufband had

allotted her. Accordingly, the queen having become an humble fuppliant to

Henry for his pity and protection to herfelf and infant fon, was favourably

heard ; the Englifh monarch declaring, that the Scots (hould have peace or

•war from him, according to their own choice and behaviour. Henry had not

yet difengaged himfelf on the fide of France, and his continental alliances had

not produced the expected aids. Hence it proved no lefs a didlate of policy

than of humanity, to fufpend hoftilities on the fide of Scotland. A truce was

Ledy, P . jO<8. t h ere f ore foon concluded, to continue for a year and day J.

Au g u(t 7 . ■ Towards the end of the following iummer, a peace was concluded between

Henry and Louis XII. of France, to continue during the life, and for a year

after the deceafe, of the prince who (hould die firft. In this treaty of peace,

the kino- and kingdom of Scotland were comprehended as allied with the

Rym vol. xiiu p renc h king ; but it was agreed, and made an article in the treaty, that if the

• Margaret, joining her name to that of her Ton in letters written in the beginning of his reign,
calls herfeif Rcgina Scotia et tejlamentaria regis tutrix. Epp. RR. Sc. I. 193. zoc. &C.

\ The States appointed to her for couniellorf, Jame Beton atchbifhip of Glafgow, and chan-
cellor of the kingdom, the carls of H-intley, Ar.^u?, and Atran. Led. 1. 9. Buclunan fays, that
the command of the country to the fouth of the For^h, was given to Alexander lord Home, and of
the northern pait of the kingdom to Huntley.

% The exihVnce of this ti u e feems doubtful from what the duke of Albany, governor of Scotland,
writes two or three years after to Chrilliern king of Denmark. He fays, that at his arrival in
Scotland, (which was in May 151?) the nobles and common people of the kingdom defpifed and
oppofed a truce with the king of England, becaufe they breathed after either a revenge of their
late misfortunes, or death ; that they had had frequent and fuccefsful rencounters with the enemy ;
had done more damage to the Englilh, than they had received from them ; had with fmall numbers
refi'led a proud and exulting enemy, although their king was a child, the governor abroad, and
the faclion of the queen oppofjd their proceedings, or divided the nation {in diver/a dijlrahtrent).
Ep, RR. Sc. 1. 259. There is no fuch treaty of truce in Rymer.

king

ENGLAND AND SCOTLAND.

497

of Scotland.

king or any lieutenant or warden of his marches, or any Scottifh fubject, by J» ra:iV '
commiillon or allowance of the king or his warden, fhould, after the 15th of ,_!-"-*"
September next enfuing, enter England, and there commit hoftilities on the »5'4>
fubjecls of that kingdom, the prefent comprehenfion fhould, in conlequence
of luch proceedings, be void ; which fhould alfo be the cafe, if any of the
fubje&s of Scotland hoftilely invaded England with three hundred men, or
upwards, and the king of Scotland or his warden, after being duly warned,
fhould not within forty days caufe reftitution and redrefs to be made, and
juftice to be executed, agreeably to the laws and cuftoms of the marches, that
were in force during the late peace ; but in cafes where the above-mentioned
hoftilities were committed by a lmaller number, then juftice fhould be done,
in the manner eftablifhed by the treaties of the peace aforefaid. All conver-
fation, commerce, and intercourfe of trade between the kingdoms, were to
continue the fame as during that peace : and the king of England, his lieu-
tenants, wardens, and fubjects were, on their fide, equally bound to abftain
from all ads of injuftice and violence againft the fubjeds of Scotland ; and in
every refpeft to hold the fame conduft towards them, as was before prescribed
to the Scots with regard to the Englifh.

Almoft at the fame time that this treaty was concluded between France and Aug. 6.
England, the queen regent of Scotland, paffion triumphing over policy, D e r " m 37 °
married the earl of Angus *, the moft illultrious and molt amiable of the
Scottifh youth. By this ftep, (he forfeited her title to the regency, as fettled
by the laft will of her hufband ; and the ftates of the kingdom now availed
themielves of that Settlement to deprive her of her authority. The elevation codfc 241.
of Angus by fo high an alliance moved the envy of many, and this exaltation
feemed altogether intolerable, if the fupreme power fhould (till remain in the
queen. The lord Home, whole great offices of chamberlain of the kingdom
and warden of all the marches, added to his extenfive pofieflions and numerous
kindred and dependents, made him the moft powerful fubject in the kingdom,
was particularly jealous of the greatnefs of Angus. The inhabitants of Lidf-
dale and Annandale had long been dependents on the family of Douglas, and
now began to range themielves under the chief of that name, whole high
alliance gave a new luftre to his ancient houfe. And the aid and fupport
which this match of Angus gave him the profpecT: of obtaining from England,
made him greatly formidable to a rival chieftain, whofe whole power lay in
the border counties. Thefe circumftances made Home moft earneft to de-
prive the queen of her power ; while his defpair of fucceeding to it himfelf,
and his invincible averfion to fee it placed in the hands of any of his fellow
nobles at home, made him equally zealous to have it conferred upon John
duke of Albany, who was born and educated, and had refided all his life in
France. John was the fon of' Alexander brother to James III. who, as hath
been related above, was, in conlequence of his ambitious enterpriies againft

• Took to hufband. (Herb.) Yet Drummond thinks, that this match proceeded no lefs from
policy than love; the queen hoping, by the help of Aiigu?, to be more able to maintain her au-
thority againft a powerful and factious nobility. Drum. p. 853.

Sff the

49 8

THE BORDER-HISTORY OF

Henry vm. the king his brother, obliged to fly for refuge to France, where he ended
K.of England, ^jg days. Although Alexander died while under condemnation and forfeiture
7^. ' for his treafon, yet it was urged, that his fon, being the neareft in blood of the
male-line to the king, had, by the ancient cuftom of the kingdom, a title to
the tutorage of the king's perfon, and the regency of the kingdom during the
fovereicrn's minority. A numerous party were inclined to confer this high charge
on the 'earl of Arran, who by hi* mother flood in the fame degree of relation
to the king, as Albany did by his father. But the faction on the fide of
Albany prevailed, chiefly by the influence of Home, who was the firft that
fubfcribed the deed of his election •, and is faid to have declared, in the moft
public manner, that, though all the reft of the nobility, fhould oppofe Albany's
comino- into Scotland to aflume the government, he alone would conduct him
from France, and put him in pofietlion of his high office.
a.d. 1515. In the interval between the election of Albany and his arrival in Scotland,

Jan. 1. Louis XII. the French king died •, and Francis having fucceeded him, there was
a renewal of the treaty of peace betwixt France and England ; which, like the
former, was to continue during the life of the prince who fhould die firft, and
a year after his deceafe. This treaty was concluded at London on the 4th of
Rym. vo>. xiii. April ; and Scotland was again comprehended in it as. an ally of France, pro-
p,48s ' vided that after the 15th of May the Scots did not commit luch acts of

hoftility as were defcrlbed in the treaty of Augurt laft. In order to give vali-
dity to this comprehenfion, the acceptance of it was to be procured from the
king of Scotland, and to be intimated by the king of France to his ally of
England, within three months after the date of the .treaty. There was a like
condition in the former treaty •, but the unladed ftate of the kingdom,
arifing from the queen's marriage and the abfence of the governor, had hin-
dered its fulfilment. In order to carry it into effect now, the king of France
Ryrr. ib. 5 63. . lent over into Scotland Villebrefme a lord of his bedchamber, who prefented
his matter's letters to thofe who had the adminiftratiorr of public affairs in that
e p . RR. sc kingdom, on the 3d of May. An anlwer to this letter was written in their
vci.i. p. 224. liter's name, twelve days after, and fubfcribed by a confiderable number of
the nobles and clergy, wherein they accepted and ratified the offered peace ;
moved thereto, as they faid, by the earneft felicitations of their ancient ally the
French king, by their regard to their Holy Father Pope Leo, whole nuncio
Balthazar Stewart* had remained with them a whole year, on purpofe to
procure peace between them and England •, and that it might appear that the
Scots could forgive their private injuries, for the fake of bringing about a
oeneral union of Chriftian potentates againft the Turks. They take notice in
this letter, of their late heavy misfortunes known to all the world •, but affirm,
that their fuccefsful conflicts fince that time with their enemies, had taught
them to entertain better hopes, and to repay the damages they had fuftained ;
adding, that at prefent, while the fenfe of their fufferings was recent in their
memories, and they had learned to dread lefs the flrength of their foes, it

• B Uhazar Stewart is mentioned with great commendations, and acknowledged as a kirifman
of the blood-royal, by the duke of Albany, in a letter to Pope Leo X. Ep. RR. Sc. vol. i p. fc»ai.

would

ENGLAND AND SCOTLAND.

would not have been wonderful, it' they who had not hitherto thought even of
a truce with their enemies, fhould have refufed the peace that was now offered
them. Three days after this anfwer was given by the Hates of Scotland, the
duke of Albany arrived on the weftern coafl of that kingdom ; and four days
after his arrival, in a letter dated at Glafgow, and addrefTed to the French
king, he notified, in quality of regent and protector of Scotland, his appro-
bation of the acceptance of the peace, which had been lb lately declared by
the council of the infant king, and the prelates and lords of his kingdom.

Soon after Albany's arrival, a parliament was held, wherein he was con-
firmed in his office of regent: and according to the agreement he had made
with the ftates of the kingdom before he left France, the inheritance, titles,
and honours of his father, were lolemnly reftored to him. Amongft the reft
of thefe titles was that of earl of March f . Although Albany foon gave
proofs of fpiiit and capacity, yet being wholly a ftranger to the affairs of
Scotland, he was obliged to draw his knowledge of them from the information
of others. This was an unhappy circumftance for the lord chamberlain ; who,
although he had been able to pur. into Albany's hands the reins of ibvereign
power, was probably deficient in thole talents that qualified him for being
a confident and counfellor to this ftranger J. But fuch arts were pofTefTed in
a great degree by John Hepburn prior of St. Andrews, Home's implacable
enemy ; who foon insinuated himfelf into the molt entire confidence with the
regent. Hepburn's refentment againft Home had been excited by the part acted
by the latter, in a competition for [he archbifhoprick of St. Andrews, which
Hepburn had with Andrew Forman bifhop of Murray, and Gavin Douglas
bifhop of Dunkeld, uncle to the earl of Angus. Forman, long employed in
public affairs, and in high credit at the courts of Rome and France, claimed,
upon a bull of provifion from Pope Leo * ; Gavin Douglas had the intereft and
fupport of the queen-dowager; and Hepburn was elected by the convent of
St. Andrew's, whereof he was Prior. Douglas had got pofTeffion of the
caftle ; from which Hepburn expelled his garrifon : but lord Home, who
efpouled the intereft of Forman, accompanied by a great body of his kindred
and dependents, cauied the Pope's bull in favour of that prelate, to be pro-
claimed at the crofs of Edinburgh. Forman, by his birth, was a client of
Home S, but this attachment was ftrengthened by other ties, and particularly

-f- He was fluke of Albany, earl of M.-irch, of Marr, and of Garriach, lord of Annandale and
Man. Fp. RR. Sc. vol. i. p. 257. The pailiament after his arrival began on the 12th of July at
Edinburgh. Black Aft?.

I According to fome, lord Home came to the governor at Dunbatton, accompanied with ten
thoufand horfe, whereupon the governor faid, he was too great to be a fubjeft. According to
others, he came with his houfehold only, confifting of twenty-four hoife, in Kendal-green, which
was his livery ; and the duke flighted him with this fentence, mintdt prcsfentia famam; being a
man of low ftature, and carrying no appearance of much fluff to be in him, by his outflde,
Godf. p. 243.

» His late matter, James IV. had given him a general licenfe to folicit a provifion of this kind
for himfelf, and for John Forman precentor of Glafgow. Ep. RR. Sc. vol. i. p. 1 10.

§ He was of the Formans of Hutton. The duke of Albany, in a letter to Pope Leo, full of his
praifes, mentions the antiquity of his family (generis antiquitate, mentis tt virtute fulgentem).

S f f 2 Ep.

499

James V.
K. of Scotland'.

15.5.
May i8.
Fp. RK Sc.
vol. i. p. 2JJ.
Rym. vol. n.i.
p. 510.

Drummond,
p. 81.

Ep. RR. Sc
vol. i, p. 124.

128.

Godfc, p. 143?

5 oo THE BORDER-HISTORY OF

Henry vni. by Forman's procuring the priory of Cotdingham to David Home, lord

k. of England. Home's youngeft brother (a). Hepburn having made an advantageous com-

1515. pofition with Forman £, a man of unbounded generofuy, refigned to him

(<,) He was the t ^ porTefiion of the lee 5 but retained a violent animoiitv againft Home,

yrungeft ol feven r ' ... . _ , t ... . • ° *

brotheu. whom he considered as the principal author or !us diiappomtment. The con-

fidence, therefore, which he fo foon obtained with the new regent, was
chiefly employed to give the worit impreffions of the lord chamberlain, as a
man exceedingly dangerous, by his exceffive power, unbounded ambition, and
intractable fpirit •, whole behaviour at Flodden had (hewn the malignity of his
heart, and his utter diiregard of the fafety of his king and country.

codfc. p. 243. The influence of thele reprefentations quickly appeared in the governor's
behaviour to the lord chamberlain. This bore the plained marks of aliens
ation and diftruft; which the haughty fpirit of Home not being able to
brook, he was immediately filled with projects of revenge. Angus and the
queen-dowager, lately the principal objects of his jealoufy, became now the
perfons whom he courted as friends and confidents, and to whom he imparted
all his complaints. He lamented the coniequences, prefent and future, of his
own counlels, acknowledged his error in putting the king and kingdom into
the hands of a ftranger, and peiiuaded the queen and earl to carry off into
England the king and his brother •, who could not but be in the greatefr.
danger from the governor, who, after them, was neareft heir to the crown j.
and who had already given fuch manifefl proofs of ingratitude and inordinate
ambition. The queen and Angus were fufficiently prone to liften to fuch
difcourfes •, and meafures were already concerting for carrying off the infant

Hertett. princes, when the governor, having received intelligence of the plot, made a

if ug ^ d 3 ' iudden and expeditious march from Edinburgh to Stirling, where the king

and his brother refided, and taking them out of the cuftody of the queen,

committed them to the charge of certain lords on whole fidelity he depended,

Ep. RR. Sc. vol. i. p. 219. An elegant letter of Pope Leo to the queen-dowager and her council;,
Keith's Sc. dated 8th December 1514, is alfo full of his praifes. His brother Sir John Forman of Dalvene,

Biihcps, p. i2. obtained a confiderable eitale in the (hire of Roxburgh, by the marriage of Helen Rutherford, one
of the two fitters and coheirefTes to Rutherford of that ilk. This Sir John was probably James IV. 's
fergeant porter, mentioned in p. 4(55 ; and Sir Adam Forman, that prince's flandard-bearer, who
fell in the battle of Flodden, was, it is likely, of the fame family. There is in the collection of
royal charters, a charter of the lands inHutton to Adam Forman in 1426. B. ii. No. 70. There is
alfo a Robert Forman dean of Glafgow, faid to have once been one of the king's houfehold, and
provided by the Pope to the bifhoprick of Aberdeen, mentioned in Ep. RR. Sc. vol. i. p. 220.
He was obliged to refign this bifhoprick, having obtained the Papal provifion without the royal
recommendation, lb. He was fenr, in 15C6, being at that time dean of Glafgow and chancellor
of Moray, ambaflador along with Lyon king at arms, to Charles the young king of Spain and
duke of Burgundy, and to other potentates and Mates in the north. lb. vol. i. p. 45.^-58.

\ Forman, and his friends, on this occafion, refigned the archbifhoprick of Bourges, which
Forman had received from Lewis XII. of France, the cemmendam of the abbacy of Arbroath; alfo
the bifhoprick of Murray, which Forman himfelf poffeiied ; the monaftery of Dryburgh and the
moratory of Kilwinning ; befides other benefices and annual penfions. Forman retained only the
archbifhoprick of St. Andrew'?, together with the monaftery of Dunfermling, and that not entire.
Ep. RR. Sc. vol. i. p. 217. Hepburn accepted, in the way of compofition, the bifhoprick of
Murray, and 3000 crowns by year, together with a difcharge for all by-pait intromifiions.
Godfcroft, p. 243.

6 Angus

ENGLAND AND SCOTLAND. 5 oj

Angus and the queen, dreading the confequences of the governor's refentment, Jam" v.
iought thefter firft in the ftrong cattle of Tanrallon, which belonged to the ,'° _ co l an _' p
Angus family ; but not chufing to be lhut up there, they fled to Berwick, ins-
from whence they had a convoy to the nunnery of Coldflream ; where they re* Holingfhed."
mained as in a fan&uary, until they knew the pleafure of the king of England,
to whom they had lent an account of their fituation. The king gave orders to
lord Dacres, the warden of his marches, to receive them into his protection,
and afligned them the caftle of Harbottle for their refidence*; where the oo. 7 ,
queen was foon after delivered of lady Margaret Douglas, grandmother to Hetbert -
James VI. The lord Home alio, and his brother William, the principal
partners in Angus and the queen's guilt, fled from court, and foughc refuge in
the borders of England.

The governor, apprehenfive of the dangerous impreffion which the com-
plaints of the queen might make on the mind of her brother the king of Eng-
land, took care by his ambafladors to vindicate himfelf, and to give the
ftrongeft affurances that (he might with perfect fafety return to Scotland when
fhe pleated. He made no fuch fhow of lenity to the chamberlain •, for having Lefly, P . 37
denounced him a rebel, he lent the earls of Lenox and Arran with a fufficient
force to feize his lands and caftles for the king. Some of thofe who were Holloaed,
employed in this fervice, are faid to have been killed by the explolion of a train
©f gunpowder, which was laid in the entrance of the caftle of Home. The
chamberlain, with his defperate followers, feeking to revenge this treatment,
and difturbing the peace of the borders fo much, that no march-days could be
held, the governor found.it neceffary to march in perfon with fome bands of
French foldiers, to put an end to thefe diforders. At the fame time he employed
the friends both of Angus and Home, to perfuade them to return to their
duty, and to give them, in his name, hopes of impunity for what was part,
and of obtaining from him their reafonaole pretentions and demands. Thefe
dtfeontented lords, finding themfelves in a fituation that admitted no fafer
refource, accepted of the governor's aflurances, and fubmitted themfelves to
his pleafure. The lord Home came in on the 6th of October, and, together
with one of his brothers -f, was fent to the caftle of Edinburgh, where they
were committed to the cuftody of the earl of Arran, who had married their
fifter. But this confinement was of a fhort duration •, Home having prevailed
with Arran, not only to fuffer him and his brother to make their efcape, but
alfo to become a party himfelf in a new rebellion againft the governor. Arran,
being the fon of James III.'s fifter, had the next claim, by blood, to the re-
gency, after the prefent governor ; and Home perfuaded him, that as he, by
his power and intereft, had railed the duke of Albany to that ftation, he would
alio be able to pull that prince down from it, and to put him in his place.
The rebel lords retired to their own provinces j but the fituation of thefe was ■
fo diftant, that their forces could not be foon nor eafily united. This cir-
cumftance, together with the great vigour and expedition of Albany, was the

• Ledy fays, there was no native of Scotland, man or woman, allowed to enter England alonp ;
with the queen. Left, p. 378. Holingfhed fays the fame.
\ Lefty calls this brother, Alexander.

ruin

5 02

THE BOUDE R- H I STOR Y OF

Henry vui. ruin of their proiecl -, for the governor march ing fpeedily again ft the caftle of

K.ofEngland. TT -, • r j i - f ' i_" i_- A u r u

._ .... ^ Hamilton, it was iurrendered to him by his aged aunt, the countels, who, at
J5»5- the fame time, made her fon's peace with her nephew J, and thereby deprived
Home of his new ally.

A parliament, which had been fummoned to meet not many days after the
chamberlain's efcape, condemned and forfeited as traitors, himlelf and his bro-
thers William and David *. But the winter coming on, it was difficult to fol-
low him to his retreats on the borders •, and the fevere proceedings againft him
inflamed his rage, and prompted him to commit new enormities. In perpe-
Drummond trating thefe, he employed the banditti of the borders, who, making an in-
Buchanan. curfion into Lothian, plundered Dunbar ; a town under the immediate pro-
tection of the governor •, its caftle being one of the ltrong places in which he
Hoiingflied. was allowed to keep a garrifon of Frenchmen. He alio ftopped near Cold-
Ledy, p. 379. ftream the Lyon Herald, who was going on a meflage from the governor to
the court of England ; feizing his letters, and detaining his perfon, until the
governor ihould let at liberty the chamberlain's mother, who had been com-
mited prifoner to the caftle of Dunbar. It was no wonder that the confufions
that had fo long prevailed in the counties bordering on England, had pro-
duced violations of the peace with that nation. In order to prevent thefe
Hoi'mgflied. exceffes from terminating in an open war, a meeting of Englifh and Scottifh
Lent' D ". \Yo' commiffioners was held at Coldingham in January. The governor, who then
refided in the caftle of Dunbar, lent thence his commiffioners to attend that
Rym. voi.xiii. meeting -j-. On the 17th of the month, they concluded a truce, which was to
p- 549- continue until the next Whitfunday. There was fome altercation about the

Scottifh fugitives ; but it was agreed at laft, that Angus and Home, with their
e p . rr, Sc. kinfmen and dependents, ihould be comprehended in the truce §. Angus
vol. i. p. 238. f ootl a ft er returned to the Scottifh court, and was received with particular
Drum. p. 84. marks of favour: Home was alfo forgiven; but with an exprefs warning, that
«oiing. if he again broke his engagements, his old faults fhould be remembered and

added to his new. In a parliament held in May, his attainder was taken off",
and his eftate and honours reftored.

The truce with England, which expired at the feaft of Pentecoft, was
Rym. vol. xiii. renewed at London, on the firft of June, by ambalTadors fent from Scotland ||,
p. 549. and certain commiffioners appointed by king Henry to treat with them 4-

■toU?p*a6 S i C ." The period fixed for the duration of this truce, was the enfuing St. Andrew's

J Arran came to Edinburgh, and fubmitted himfelf to the governor on the 12th of November.

* William was the fif;h, and David, as is above related, the feventh and youngeft brother of the
family.

f Thefe were, monfieur de Planes, the French ambaflador, Gavin Dunbar archdeacon of St.
Andrew's, and Sir William Scot of Balwery. The treaty of this truce is not publilhed by Rymer.

§ Patrick Panter, the friend and confident of Angus, who had been committed prifoner to the
caftle of Inchegay, was at the fame time pardoned and received into the governor's favour.
Lefly, p. 382.

I There is a fafe-conduft, dated February 6, to fourteen perfons, or any three of tbem, coming
as ambafiiu.ors from Scotland. Rymer, vol. xiii. p. 531.

+ Thefe commiflioners were, Nicholas bifhop of Ely, Thomas lord of Grayftock, and Dacres war-
den general of the marches towards Scotland; who are empowered to treat of peace and truce wi.h
Scotland. Rym. vol. xiii. p. 549. 1

dav.

ENGLAND AND SCOTLAND.

5C3

day. Henry had always declared himfelf againft the advancement of the duke J' m " v -
of Albany to the regency of Scotland, and tutelage of the young king, pre- • of c ot ^ ai ^
tending, as the ground of this oppofuion, his care of his nephew, whom he '5« 6 .
could not think fafe, while in the power of one who was presumptive heir to
the crown. The queen dowager of Scotland, after recovery from her lying-in she enUrrA
at Harbotile, had gone to her brother's court J ■, where it is probable fhe gave London May 3s
full vent to her anxiety, about her fon the king of Scotland, and endeavou-eu, Hal1 '
at the fame time, to give the molt unfavourable impreflions of the governor.
It may therefore be aferibed, at lead in part, to a defire of gratifying his
lifter *, that Henry lent by the Scottifh ambafiadors, who had been r-mployed
in negociating the truce, a letter to the ftates of Scotland, defiring them, for
the iecurity of his nephew, and as a foundation for a folid and lafting peace
between the kingdoms, to remove the duke of Albany from his high office,
and oblige him to return to France ; declaring, that by not complying with
this requeft, they would reduce him to the neceffity of employing other means
for the preservation of their infant fovereign. To this letter of Henry, the
ftates of Scotland foon returned an anfwerf, containing a peremptory refufal j u i y4 ,
of his requeft; juftifying their choice of Albany, as agreeable to the ancient R J m - vo1 - x! "»-
law and practice of their own country, as well as the moft refpectabie conftitu- P ' S5 °'
tions of other nations ; and declaring, in lb ong terms, their fatisfaction with
the governor's paft behaviour, and their entire confidence in his honour and
integrity. Albany finding himfelf thus fupported, lent immediately to the Rym /,t, 0,57^
court of England, la Fayette, a confident of his own, and bearing the title of
his lieutenant; whom he charged with certain articles in writing, to be propofed
to Henry for healing paft differences, and as a bafis for eftablilhing and prc-
ferving lafting concord betwixt them. The greateft part of thefe articles were
contrived to gratify the queen in all Ihe could reafonably defire for the fecurity
of herfelf, her hufband, and fon. The governor alfo propofed, that the truce
lately concluded fhould be prolonged until Midfummer in the following year;
and that, in the mean time, rebels, malefactors, or traitors, flying from either
kingdom, fhould not be allowed fhelter or aid from the fubjecls of the other;
but that thofe who gave it, fhould be punifhed in an exemplary manner, and
the fugitives themfelves fent back to their own fovereign. The articles, above-
mentioned, were remitted by the king to cardinal Wolfey, his favourite and
prime minifter, with full powers to anfwer them in his matter's name ;. and by
"Wolfey they were all accepted, and ratified, with the addition of a few expla- Ep. rr.*sc.;
nations of fmall importance §. v °>- •• p- »6« •

Domeftic

{.The duke of Albany, writing to Chriftian king 6f Denmark, fays, That he had offered the
queen dowager, fufrajus rt equitatem ultra quam par fuit ; but that flic ■ poji baiilo marita had retired
10 London. Epill. RK. Sc. p 238 — 261.

* Holingfhed fays, it was at the requeft of his filler.

•j- The lord Home is one of the fubfeibers of the anfwer to Henry's letter.

$TheSco(tim commiffioners, in the courfe of negociating the late truce, had affirmed", that the
comprehetifion made of the Scots, by the king of France, in the late treaty of peace with England, .
had not been violated by them; and protefted, that it mould continue in its full force and effetL
Hut the Englifh corrnniffioners being.ofa different, opinion., it was agreed, that the determinaiion of '

this

5 C4 THE BORDER -HI STORY OF

Henry vm, DomelKc tranquillity and peace with England being thus happilv reftored,

K. of England. . c ^.ji-'fif • u J-.- L 1 I 1 L- l u

, l_ , the governor found himlelr in a better condition than he had hitherto been to

i5'6. gratify his private revenge, or to execute public juStice on the lord chamber-

ivummond. ^^ ^^ h ^ ^ en ^ p r j nc ip a i author of all the late disturbances. To this
he is faid to have been mitigated by the prior of St. Andrew's, who often
vifited him, while he fpent the latter part of this year at Falkland, and retain-
ing itill his implacable fpight againftlord Home, endeavoured to perfuade the
governor of the abfolute neceffity of making a facrifice to his own and the pub-
lic fafety of the life of a chieftain, who, in fo many notorious instances, had
lhewn himfelf a contemner of the fupreme authority of his country. But what-
ever were his real motives, it is certain that the governor, on his return to
Edinburgh, began to employ means for getting Home into his power. With
this view he called a convention of nobles, pretending fome urgent affairs,
about which it was necefTary to confult them ; and in particular informed Home
and his friends, that as thele affairs particularly concerned the chamberlain,
his attendance was much defired. It is related, that fuipicions were enter-
tained by fome of Home's friends of the defigns of the governor againft him,
and that they endeavoured to perfuade him, if he went to the convention him-
felf, to leave his brother William at home, who, on account of his courage
and generofity, being no lefs refpected than the chamberlain himfelf, might
awe the governor againft proceeding to extremities ; and in cafe of the worft,
might remain a fupport to his family and name. The fair behaviour of the
governor, and Home's own prefumption, rendered thefe entreaties and argu-
ments of no effecl: : accompanied by his brother William, and Sir Andrew
Ker of Ferniherft, an ally- chieftain of the borders of great renown in thofe
days, he went to court, where he was received with great demonltrations
of regard •, but, foon after, he was feized, together with his compa-

Lefly. e?t ' nions, and put into fure cuftody. They remained not long there until
they were produced in judgment, and Subjected to the fentence of an affize,
according to the laws of their country. It is not diftindtly related, what new
matters of accufation were brought againft the chamberlain. Probably the
exceffes on the borders, committed by his direction or connivance, and fome
of which perhaps were fufficiently recent, were regarded at that time, on the
account of their frequency, as offences too trivial for giving ground to fuch
fevere proceedings.- But agreeably to the condition of his hit pardon, his
former offences were now revived, and brought to judgment. To enhance the
charge againft him, James earl of Murray, a natural- fon of the late king,

"this matter fhould be delayed till the next fubfequent meeting of commiflioners. Albany row pro-
pofed, that the faid comprehenfion, by the prefent agreement, fhould continue in full force, the
king of Scotland, or his kingdom, in no fenfe departing from it. Wolfiy's arfwer to this propofal
is, that the determination of this queftion fhould be delayed until the expiration of the prefent tn« e.
And when the king, on" the lafl day of the year, confirms the deed of the cardinal, extending at the
fame time the period of the truce, from Miclfuromer till the St. Andrew's-day next following, he
inferts a claufe, declaring, that, by this confirmation, he does not admit that the above-faid compre-
henfion was in force. Epp. RR. Sc. i. 261.

There was difficulty and delay in obtaining from the Englifh king and his minifters, the original
inftrument of this truce. In order to procure it, the governor and council agreed to every thing '
that was demanded in favour of the queen dowager. Ep. RR. Sc, i, :6j, 262, 263, 26^, 265.

accufed

ENGLAND AND SCOTLAND.

505

accufed him of the murder of his father ; who is faid to have been proved by Jimes v.
many witneffes, to have been (ten alive after the battle, and on the way from . ll " s " l l "j
the field of Hodden. But no fufficient evidence appeared of Home's having j 5 i6.
any (hare in putting him to death. He was charged with a treacherous inafti- Bochaaan -
vity in that battle. He was alio accufed of having fuffered the Englilh to
repair the caftle of Norham ; which he might eafily have prevented, by the
great power he had in that neighbourhood. To all thefe acculations was
added, his being a principal contriver and actor in the late treafons and infur-
. regions againft the governor j on the account of thefe crimes*, lord Home and
his brother were condemned to lofe their heads. The fentence was executed
next day on Home ; and the day after that on his brother -f ; and their heads fet oa. g.
up to public view, over the port of greateft paflage in Edinbu.'gh j. This is Le(ly '
the third great inftance of deftruftion bi ought on the moft eminent families on
the Scottish border, by jealoufy of ftate, and their own immoderate ufe of
overgrown wealth and power.

Although thefe feverities, exercifed on fo potent a family, and not appear-
ing fufficiently founded on drift and evident juftice, excited jealoufy and
murmuring againft the governor, yet the awe of the example was followed by
a general quiet. Soon after the execution of the Homes, Albany made a pro-
grefs to Jedburgh in perfon, in order more effectually to reprefs and punifh
the exceffes of the banditti on the marches. He alfo conferred the office of
warden of the eaft marches on Sir Anthony Darcy, ftyled the Sieur d: la
Beaute, a French knight, who polTeffed the higheft place in the governor's
favour and confidence. In the end of the year, the truce with England was Rym " To1- *'"'
agreed to be prolonged from the enfuing midiummer to St. Andrew's Day.
Little progrefs had been made in fettling points in difpute, and the interval
which then remained, appeared too fhort for that work ; efpecially as the
winter intervening, would make it inconvenient for the commiffioners of the
two nations to attend the diets, wherein thefe affairs were to be difcufTed.
Henry alfo mentions, as a motive to this prorogation, the interceflion of the

• Befides the crimes mentioned in the text, Drummond relates, there was another, with which
the governor acquainted the judges, fo grofs and heinous, that it was on that account concealed
from the publick.

f According to Douglas, (from Crawford's Lives of Officers of State) lord Home was executed
on the nth of Oftober, and his brother on the 12th. Doug. Peerage, 34;.

J The Nether-Bow. H. Godfc. Lord Fleming fucceeded Home as chamberlain for life. Lefly
p. 384. Ker, Home's aflbciate, according to fome, was acquitted by the jury : according to
others, efcaped by corrupting his keepers, not without the connivance of the governor.

According to Buchanan, this was a period fruitful of calamities to all the fons of the Home
family. The chamberlain, he relates, had three brothers befides William ; of whom George was
a fugitive, lurking in England for a murder he had committed; John the abbot of Jedburgh, was
banifhed beyond the Tay; and David the youngefl, who was prior of Coldingham, and in high
efteem for his probity and parts, was about two years after the execution of his brothers, under
pretence of a conference, drawn into an ambufh by James Hepburn his filler's hufband, and cruelly
flain. Befides the five brothers mentioned in this account, Douglas mentions two more, viz. Patrick
the fourth, and Andrew the fixth ; and the names of all the feven brothers, he fays, are to be
found in an original entail, Douglas does not mention any fillers of thefe brothers,

T 1 1 two

P- 57+.

Pitaoiue.

5 o6 THE BORDER- HISTORY OF

Henry viii. two kings of Caftile and Denmark *. Albany was now bent on a vifit to

i CoiEn siand.^ jr rance> t0 vvhich he had found fome difficulty in obtaining the confent of the

a. d. 1517. ftates of Scotland. But the French monarch having fent an embafiy into

Scotland, to folicit the renewal of the ancient league, the governor obtained,

from a parliament held in March, a commiflion to go over to France as am-

bafiador for that purpofe f. Before his fetting out on this journey, which was

June 7. not; un til the beginning of the following June, he ufed every precaution he

could devife, for preferving the peace and order of the kingdom during his

DrummonJ, abfence. The iupreme power was delegated to the two archbifhops, and four

p- 86 - of the principal nobles J, together with Sir Anthony Darcy. Each of thefe

had particular diftrifts affigned them, to be more immediately under their

power and infpection. Darcy's diftridl was the counties of Mers and Lothian.

He had the government of the caftle of Dunbar, which was his ufual j'eli-

dence, and was alfo lieutenant or warden of all the marches. •

Buchanan. The courage, afiiduity, and integrity, difplayed by Darcy, in difcharging

Drummond. the duties of his office, are highly celebrated ; but the fubftitution of this

ftranger in the place of lord Home, by the very perfon who had fo lately pur-

fued that lord to death, could not fail, according to the ferocious ideas of

thofe times, to render Darcy the devoted object of the malice and revenge of

all the name and kindred of Home. It was not long before an opportunity

offered, or as fome relate, was contrived, for gratifying this horrid relentment.

"William Cockburn, uncle to the laird of Langton, had forcibly ejected from

the caftle of Langton, the tutors of his nephew, at that time a minor, and

held the place ; depending on the aid of Sir David Home of Wedderburn,

who refided in the neighbourhood, and whofe filler Cockburn had married.

Darcy informed of this riot, went with all expedition to redrefs it on the fpor,

having in his company fome of the neighbouring gentlemen, and fome of his

French domeftics. "While he was in vain requiring the caftle to furrender, Sir

David Home, attended with fome horfemen, came up to him, and began to

revile his mafter and himfelf for the death of his chief. The immediate con«

fequence of thefe reproaches was a rencounter, in which fome of Darcy's

fervants falling, and the reft of his company not being fuch men as he trufted,

he fought his fafety by a rapid flight which he directed towards Dunbar, but

his horle, in whofe fpeed he confided, falling or finking in a marffi, a little to

the eaft of Dunfe, his fierce purfuers came up with him, and one of them

* This circumftance of the prorogation of the truce, till St. Andrew's Day i#I7i being requeued
by the ting of Denmark, is ;ilfo taken notice of in a letter of the duke of Albany to the king of
Denmark. Ep. RR. Sc. 1. zjq.

-5 Let4er$ uc:e i;iven at Edinburgh, March 1, !c;i7, by the prelates, noble 5 , and communities
of Scotland, recognifing the authority of Albany, and giving him unlimited powers of treating
with the Pore,- the French king, and all other piinces.

J 1 he two archbifhops were, Forman and Beton. The. earls were, Arran, Angus, Huntley,
and Argyle.

A lifje before Albany fet fail for France, the queen dowager returned to Scotland, and was
received at Berwick by her hiilbani the earl of Angus. Ample letters of fate conduc'), and of
fecurity for all he,r right's and honours, were granted to her, in name of the king, hi a tutor, and
eltates 0; the kingdom. Ep. RR. Sc. 1. 265.

bnmedi-

ENGLAND AND. SCOTLAND. 50;

immediately fixuck off his head. This was carried in triumph to the caftle of .

Home and placed on us battlements . . _ _ j

The remaining lords regents, alarmed at this audacious deed of the Homes,
in order to the more fpeedy and effectual execution of juftice againft the
tranfgreffors, and for maintaining the public tranquillity, devolved their joint ; :.

charge of the regency upon the carl of Arran ; whom they alfo appointed p l '"-
warden of the inarches. This choice was difpleafing to the earl of Angus,
who was farther provoked by Arran's feizing Ins brother Sir George Douglas,
as one of the accomplices of Sir David Home of Wedderburn, and com-
mitting him to the caffle of Edinburgh. On the fame pretence, Mark Ker
of Celsford, was imprifoned in the callle of Garvet. In a parliament held in A> , ,.,3,
the enfuing February, Sir David Home of Wedderburn, William Cockburn,
and John Home, with feveral other partners of their guilt, which they had
increafed by flying from juftice, and introducing Englifhmen to their aid,
were declared rebels. And immediately after the riling of this parliament, the
earl of Arran marched into the Mers at the head of a considerable army,
carrying with him feme great ordnance, for reducing the pla:es of ftrength
that mould make refiftance. When he came to Lauder, about eight computed
miles weftward from Home, the keys of that cattle were lent to him. The
ftrong houfes of Langton and Wedderburn were alfo without oppofition fur-
rendered into his hands, and in all of them he placed garrifons, to hold them
for the king f.

Although the fierce fpirits of the Scottifh chieftains deprived them of
the bleffing of domeftic peace, their governor, during his abfence, was
careful to preferve tranquillity on the fide of England. The truce, which Rym.ib. p.599.
was to expire on the laft of November 1517, was prolonged for two years J; 6 "*
the queftions, whereof the determination was neceffary, in order to the con-
clufion of a lafting peace, remaining ftill undecided. The views of the
French court with regard to England, agreeably to which the conduct of the
regent of Scotland was chiefly regulated, were at this time pacific. Francis,
in order to recover the city of Tournay, which Henry had taken in his late
war with France, and retained by virtue of the peace he had concluded with
Louis XII. applied himfelf with all his might to court the avarice and vanity
of the Englifh cardinal. Having fucceeded in thefe endeavours, a new treaty
was concluded between France and England in October 151 8, wherein Scot- oa. t. #
land, as ufual, was comprehended as an ally of France. The conditions of „ , ...

, r . , . . r J . ,. . Kym. T3l. xm,

this comprehenfion were precilely the lame as in the two preceding treaties; F . 631. 670.

* According to Lefly, it was firft expofed on a pole or fpear in the town of Dunfe. Lefly, 38.
Nothing more ilrongly marks the ferocity of the times, than what is related by Pitfcottie, that Sir
David Home of Wedderburn cut off Darcy's long flowing locks, and plaiting them into a wreath,
knit them as a trophy to his faddle-bow.

•f At the fame time, fays Lefly, Arran made the moll diligent fearch for the heir of lord Hales,
to bring him to punifhment for a cruel murder committed by him on David Home, prior of Cold-
ingham. Lefly, 5891

J The Scottifh regency and council complain of this truce being very ill obferved by the Englifh,
who refetted Scottifh rebels and made frequent inroads. Ep, RR. be. I, 294. 305. 309, in letters to
Pope Leo, and to Chriltierc king of Denmark.

T 1 1 2 only

5 o8 THE BORDER- HISTORY OF

Hemy vin. on ]y they were not included in the body of the treaty, but in a feparate inftru--
k. of England . mern * . whjc;^ however, was ratified by the French king with the fame
1513. folemnity as the treaty itfelf. The term, beyond which the hollilities de-
Abo^rp 'lie. fcribed in the treaty of 1514, if committed by either nation, were to render
this compreheniion of no effect, was, in the prefent treaty, the 25th of the
H.rbert, Hen. enfuing December. In the courfe of this negociation between Henry ancV
111,3X1 Francis, it was requefted by the former and agreed to by the latter, that the

duke of Albany mould not be fuffered to return to Scotland. But although
Francis detained Albany for the prefent, yet foreieeing how ufeful he might
be to France on fome future occafion, in his character of regent of Scotland,
Koiingfhei. he ftill encouraged and aided him to hold that office. After the murder of
Lefly. 3S9. Darcy, a new French governor -f, with a reinforcement of foldiers of that
Lefly.p. 393. nation, was fent in Albany's name, to keep the caftle of Dunbar. And on-
a. d. 1519. the expiration of the truce with England in 1519, La Fayette, who feems to
be the fame peribn who was employed by the governor, to carry his pacific
Abcv. p. 503. p r0 p f a i s to the court of England in the fummer of 1516, came into*
Scotland as ambaffador from the French king, accompanied with Cordelle a-
French clerk, and the Englifh herald Clarencieux, in name of his matter, to
procure the confirmation of a truce for a year and day, as being agreeable to
both monarchs, and to which the duke of Albany had given his confent.
This commiiTion was executed with difficulty, on account of the ftrife between
Arran and Angus, which was fo violent that the ambaffadors could not prevail
with them, on fo important an occafion, to meet together. The reafon of the
two kings concurring to procure this truce, was the profpect of an interview
between them, which was agreed to be held on the marches of Calais, in the
following fummer-, where accordingly they met, making on that occafion
an extraordinary difplay of all the pomp and fplendour of that age.
Drum p.?7,8S. The time of the governor's abfence was, in all parts of the kingdom, fruit-
ful of fierce quarrels and lawlefs deeds of violence ; the offenders being pro-
tected by the taction with which they were combined, and each faction fupporting
the enemies of the other. Thefe factions were chiefly two, the one headed by
the earl of Arran, the other by the earl of Angus. The Homes were attach-
ed to the latter, both by their late lord's engagements with Angus, and by Sir
David Flome of Wedderburn's being married to Angus's filler J. One
defperate exploit naturally leading to another, Robert Blackater prior of Cold-
ingham, together with fix of his domeftics, was, in the courfe of thefe con-
fuiions, flair) by Sir David Home § ; and William Douglas, brother to the
earl of Angus, fucceeded in that priory ||. A quarrel, concerning the bailli-

* This circumflance feems to have given rife to a report in Scotland, that the king of France had
conc1'" J l"d this trcnty, without making any mention in it of his ancient r.llies the Scots. Lefly, 389.

f He was calhd Maurice. (Ltfly.)

I Her name was Jean, (Doug. Peerage.) But according to Godfcroft, a better authority, it
was Alifon. bhc was married before to Robert Blackader of Blackader, and was his widow at the
time of her mairiage to Sir David Home-

§ This happened at Lamberion 6th of Oclober I? 19, according to Holingfhed, p; 3^6.

jj William Dougks was alfo abbot of Holyrood-houfe.

wkk

ENGLAND AND SCOTLAND. 509

wick of Jedburgh Foreft *, having arifen between Angus and Sir Andrew J«n«v.
Ker of Farniherft, who had formerly been a friend of the DouglafTes and , ' " Sc ' ""
Homes; Sir James Hamilton, a baftard fon of the earl of Arran, who pro- 15:9.
bably had the charge of the ftrong places in the Mers, out of which Arran
had ejected the Homes, marched to the aid of Farniherft -f-, with fome Merf-
men, and forty hired banditti of the borders; but Ker of Cefsford, who was Four hundred,
warden of the middle march, and on the fide of Angus in the prefen: difpute, ^"^'"s 1 "
having with his followers met Hamilton at Kelfo, the latter was deferted by
the Merfmen, and obliged to fly for his life to the caftle of Home ; which he
reached with difficulty, four of his fervants being flain J. Not long after, G °<^ p- *47.
Arran, Beton the chancellor, and the principal perfons of the Hamikonian 2 V. d. 1520,
faction, failed in a plot they had laid to feize the earl of Angus at Edinburgh, April 30.
and were themfelves, by the great bravery of Angus, and a chofen band of his
followers, obliged to abandon the capital. Sir David Home of Wedderburn,
George Home, brother of the late lord, and William Douglas prior of Cold-
ingham, being advertifed of the danger of their friends, arrived when the fray
was near an end, with a powerful fuccour from the Mers § ; and forcing an
entrance through the eaftern port of the town, contributed to complete and
fecure the advantage that Angus had gained. Angus, after giving his adver-
faries this defeat, continued ftrongeft in the counties to the eaft and fouth of
Edinburgh ; and Sir David Home of Wedderburn, aided by Angus's coun-
tenance and authority, regained pofleffion of the houfe of Wedderburn, and
alio of the caftle of Home. In this, or the following year, George Home,
brother to the late chamberlain, relumed his title ||, and together with Sir e r '
David and others of his name and dependence, took down the heads ** of his
brothers from the place where they had been fixed, and gave them a folemn
interment in the Black-Friars.

The Scottiih nobles were fo much occupied with thefe inteftine broils, that
the truce with England had almolt expired, before the regency of Scotland ■
had taken any fteps to obtain its renewal. The term of its expiration was St. R m vol xi> .
Andrew's-Day, and it was not until the 16th of November, that a letter was p. 727.

* The lands belonged to Angus, but the lairds of Ferneherft had the title and power of judges
in them.

f The author in this work often follows the Scottifh cuftom, of defigning gentlemen by the
names of their eltates.

X This attack on Sir James Hamilton, according to Home of Godfcroft, was made by John
Somerville of Camnethen. Godfc. Hift. Doug. p. 244..

§ Confifting of eight hundred horfe. Godfc. p. 246.

|| Godfcroft fays, that George lord Home was ever lord, after the time of taking down the
heads of his brothers : but from an aft of Parliament in 1540, preferved in lord Haddington's
cc^.leftions- from the public record?, it appears, that George was not legally rellored till the year
1522, by a parliament held at Edinburgh Auguft 12. Tbtre, his reltitution to the eftates and
honours of his brother, is reprefented as the deed of the king, his three tftates, and John duke of
Albany his tutor.

** Ltfly places the taking down the heads of lord Home and his brother on the 21ft of Au^ufl
1520. Godfcroft places this event on the 1 8th of July 1521. And fays, that George Home and
his aflbciates performed this office with the confentof the iegeni Albany, when they were attending
him at Edinburgh.

written

5IO THE BORDER- HISTORY OF

Henry vur. written from the king of Scotland, by the advice of his lords regents and
;" °_ '" ', council, to the lord Dacres, who wa9 then warden of al! the Englifh marches,
1520. and refided in the caftle of Harbottle ; informing him, that the great domeftic
affairs of the nation, (which were no other than the perpetual feuds of the
nobles,) made it impracticable at that time to fend ambaffadors into England,
in order to treat of a longer truce ; and therefore entreating Dacres to obtain
as foon as pofiible, acommifTion from his matter to negociate with the Scottifh
wardens, or any other deputed from the Scottnii king, a truce for a year, or a
fhorter time, promifing, thac in thst interval an honourable embaify fhould
be lent into England, to treat of a longer and more perfect truce. Dacres
had, by virtue of his commiifion of warden, a power to conclude fhort truces,
as exigencies might require -, of this having advertifed the Scottifh regency,
Nov. 22. and expreffing at the fame time his defire of peace, and his furprife at their
having lb long deferred taking the proper fteps to preferve it, a commiflion
Rym. ib.p.72?. was given November 25th, to Thomas Abboc of Kelfo, to meet with Dacres
at a place (a), which the latter had named, on the middle march ; and there a
gateS?' " truce was concluded, to continue until the firft of January inclufive. The
Nov. 29. abbot had carried along with him, the names of a lift of Scottifh ambaffadors
whom the regents purpofed to fend into England; for a fafe-conduct to
whom, Dacres was to apply to his court, and alfo for powers to himfelf to
prolong the truce, until the return of thefe ambaffadors. It is probable,
however, that this long delay on the part of the Scottifh regency, in a matter
of fo much moment, was in lb me degree owing to their expectation, that their
affairs with the court of England would be managed by the duke of Albany
Rym.ib.p.730. and the court of France, as they had formerly been. The foundation of this
conjecture is, that two ambaffadors from France, Robert Stuart D'Aubigny,
and the Seigneur des Planes, having landed at Dunbar on the 27th of No-
vember, immediately difpatched a letter to lord Dacres, or in cafe of Dacres's
abfence, to the captain of Berwick, expreffing great anxiety about the near
approach of the expiration of the truce ; and informing the Englifh warden,
that the king of France had difpatched them a long time before, to the king
and lords of Scotland, in order to treat of a peace or prolongation of the truce
between the kingdoms-, but that certain unforefeen obftacles, together with the
ftormy weather they had met with at lea, had hindered their landing until the
day of this letter's date : on which account they begged the warden to bethink
himfelf of the beft expedients for preventing the inconveniencies that might arifc
from the truce not being prolonged, and to acquaint them with his refolutions
Ryro. lb. P . 734. on that head. It appears from a letter of John Campbell of Thornton, who
Edin. Dec. 6. was j.^^ treafurer to the Scottifh king, that the interpofition of the French
ambaffadors in this matter, was not very agreeable to thofe of his faction, and
that they rather defired to treat for themfelves. What fhare the Frenchmen
had in the fubfequent tranfactions doth not appear-, but there was another
'aI'd.'uzi. prorogation of the truce from the firft of January to the firft of February, by
virtue of letters from the lords regents of Scotland, dated at Corftorphen,
and accepted by Dacres the Englifh warden. The abbot of Kelfj, Andrew
. Ker of Cefsford, warden of the middle march, and Adam Otterburn of Auld-
c, ham,

ENGLAND AND SCOTLAND. 51I

ham, three of the king's council, had another meeting on the 30th of J«»e»v.
January, with lord Dacres at Redden, and prolonged the truce from the firft ^° _ co "" •
of January to the laft of June : but if ambafladors were not fent from Scot- 1521.
land to the court of England before the 9th of April, the truce was to be lbli '
underftood to expire on the laft mentioned clay. Still the ambafladors were
not fent, and the truce of confequence expired on the 9th of April ; but nine
days after, the fame commiffioners from Scotland had a meeting with Dacres
at Carham, where, having reprcfented to the Englifh warden, that the lords -p '' 44 '
regents had named ambafladors who had excufed their not fetting out by their
want of health, and that a meeting of the regents could not be afterwards held
in due time, for naming a new embafly * ; it was agreed, that the truce
fhould continue until the firft of June, during which interval the king of
Scotland fhould fend to the king of England, a knight, a clerk, or officer
at arms, to require a prorogation of the truce to St. Andrew's Day-, which
being obtained, an embafly from Scotland fhould be ready to fee out towards
the court of England, before the feaft of Michaelmas. But this agreement Rym. ib. p. 74;,
was fuperfeded by a new agreement, whereby the truce was prorogued until ? 46,
the enfuing Candlemas. To this the king of Scotland confented, at the
earneft interceflion of the French king, who had ufed the like instances with
the king of England; in hopes that during this truce, the council, ftates, and
parliament of Scotland, would perform what his ambafladors had lately
required, agreeably to the conclufion between the kings of France and Eng-
land at their late interview at Ardres.

Befkks a few of the general articles common to all fuch conventions, the
prefent contains ftipulations for the proper care and keeping of the king's per-
son, as well as for the honourable treatment of the queen his mother, and the
fecurity of her jointure. But after accepting and approving all thefe articles,
a provifo was added, declaring that the duke of Albany, " the king's deareft
" coufin and tutor, was, and fhould be comprehended by the king in this truce,
** and fhould peaceably enjoy the benefit of the fame, becaufe he was compre-
" hended in other truces preceding the prefent."

This year was remarkable for the beginning of thofe wars, which were
kindled on the continent, by the ambition and incompatible interefts of
Charles V. Emperor of Germany and king of Spain, and the French king
Francis I. Henry VIII. appeared at firft in the character of a mediator and
arbiter between thofe potentates ; but ths avarice, ambition, and refentment
of Wolfey hindered his mailer from fupporting that character with dignity

* Forman the archbiftiop of St. Andrews, one of the regent?, had died in tin; interval, and the ,

reft of the lords rtgents, dwelling in diftant parts of the realm, could not aflemble in time. Bui
Keith plate:, the death of this bilhop in 1522. Lofty alfo and Drummond place ic in the fame
ye.'ir. It is plain however, from a letter of the chancellor and eftates of Scotland, to 1'ope Adrian
VI. dated the 6th of February 1522, that Forman died in the year 1^21. For they a Ik of Adrian,
that his hobnefs would not fuffsr to be infringed; quos oilo menjes dudum fanclijfifmu Leo apojiolico
Brevi, a die njacationis metropolis ecdejia di-vi Andrea & monajierii Dum/irm/ing, in alios ode
tnen/es prcroga-vit. Ep. RR. 5>c. 1. 327. The eight months fpoken of, is the time granted by the
Roman fee, during which the king of Scotland's letters fhoald be waited for at Rome, before the
Pope proceeded to teftow the prelacies cf his kingdom. lb. 197. 211, 212.

and

5" =

THE BORDER-HISTORY OF

Hsiwyiii. and advantage. Francis foon perceiving that Henry was going wholly over
K '° ■ ?§*." ', to the fide of his enemy, in order to give him ibme work at home, allowed
ts*i. the duke of Albany to return to Scotland, where he arrived on the weftern
Nov. 19. coalf, after he had been abfent about four years and more than five months.
His return appears to have been agreeable to the bulk of the nation*-, who
hoped, that, by the vigorous exertion, of his authority, domeftic peace and
fecurity would be reftored. He was particularly welcome to the queen, who
had entered into confidence with him, while he yet remained in France, and
had foliated the exertion of his intereft with the court of Rome, to procure
a divorce from her hufband, whom fhe could never forgive for his infidelity
to her bed, during her abfence from him in England. Accompanied by the
queen, the earl of Lennox, the chancellor, and many other eminent perfons,
D«e. 3. tne governor came to Edinburgh; where the firit a 61 of his refumed power
was to depofe the magiftrates, who were all in the interefts of the earl of
Angus, and to fubfl.it ute in their places men well affected to himfelf.
a.d. 1542. A parliament being called to meet at Edinburgh on the 26th of January,

Hoimgfhed. a f ummons f forfeiture was proclaimed on the 9th of December, at the
market crofs of that city, by which the earl of Angus, his brother, the prior
of Coldingham, and others -f- of that faction, were required to appear in par-
liament, to undergo trial for their offences. In thefe circumftances Angus is
faid to have fupplicated his wife to intercede with the governor for pardon to
himfelf and his brother; which was granted, on condition of their retiring by
a voluntary banifhment to France. The Homes and Cockburns who were
concerned in the murder of Darcy, fled into England. Gavin Douglas
bifhop of Dunkeld, Angus's uncle, fought alfo his fafety in that country j;;
and going to the court of Henry, endeavoured to excite in that monarch the
moft unfavourable fentiments both of the queen and the governor.

The governor, either not fully refolved on a breach with England, or not

fuffkiently prepared for it, folicited Henry for a prorogation of the truce : but

that monarch, much provoked at his return, and incenfed by the complaints

and calumnies of the bifhop of Dunkeld, inftead of paying any regard to

Jtym. vol. xiii. Albany's pacific overtures, fent his herald (Clarencieux), to the ftates of

p " :6l# Scotland, requiring them, as the price of his friendfhip, to depofe Albany

• The ftates of Scotland, in their letter to Henry., mentioned below, take notice of the familiarity
in which Albany had lived with Popes, as well as with the greateft princes of Chriftendom. Rym.
torn. xiii. p. 762.

•f Thefe were, according to Holingfhed, the lord of Wedderburne, the lord of Dalhoufie, John
Somerwel! of Camnethem, and William Cockburn of Langton.

X An order, dated February 21, 1522, is given, in the king's name, and in prefence of the
.governor, by the council and ftates of the kingdom ; that the vicar-general of the vacant lee of
St. Andrew's fhculd ftquefler the revenues of the bifhoprkk of Dunkeld; and that no perfon
fnould ccrrcfpond with the bifhop, nor remit him any money. From this order, it appears, that
the Englilh had declared war againll Scotland prior to its date. The biftiop became a traitor,
by going over to an open enemy. Ep. RR. Sc. vol. i. p. 328, 329.

Dougla^ folicited at Rome, by the intereft of the king of England and the Emperor, for the
archbi(hoprick,of St. Andrew's, and abbacy of Dunfermling, vacant by the death of Formaji. Ep,
RR. 5>c. ib. and p. 334.

from

ENGLAND AND SCOTLAND. 5 i 3

from his charge of the king and government, and to expel him from the James v.

kingdom. The principal realbn with which he enforced this demand was, the *° St < " !aild ;

hazard of his nephew, while in the hands of the next heir to the crown ; 1512.

which hazard he reprefented as now greatly increafed by the project the queen

had formed, to her own deftruction and that of her fon, of obtaining a divorce

from Angus, in order to marry the governor. The Scottifh parliament. F't> u.

ar.fwered this demand of Henry in the fame refolute ftrain as they had J^eJ 01, xuu

anfwered one of the fame nature five years before. They vindicated the

governor in the ftrongeft terms ; and exprefled their refolution of adhering to

him ac all events. They declared their utter difbelief of the alleged purpofe

of marriage betwixt the queen and Albany ; and freely cenfured the king of

England and his council, for giving credit and entertainment to Scottifh

rebels and traitors, both now and during their late inteftine troubles, without

regard to the truce fubfifting between the nations *. The fame Englifh herald Herbert, P . 51.

who brought the letter to the Scottifh parliament, was charged with others of

like import to the governor and to the queen ; and anfwers were returned to

them in the fame fpirit.

As a farther prelude to an open breach between the nations, the lord Hoiingfted.
Dacres warden of the weft marches, by his matter's command, entered Scot- we * F ' 5 ' i#
land in February, and proclaimed, that if the Scots would not agree to
Henry's terms of peace, before the fir It of March, they might ftand to their
peril -f. In April, feven great fhips entered the Firth of Forth ; but the coaft
was fo well guarded, that they could do little hurt. The alarm, however,
that they gave in that quarter, ferved to employ fome part of the Scottifh
forces, and to divert them from making any attempts on the Englifh borders.
The Englifh monarch, occupied with the reception and entertainment of the
emperor, who, in his way from Flanders to Spain, fpent about fix weeks of
the fummer in England, feems to have been content with keeping on the
defenfive on the marches towards Scotland. But foon after Charles was J ul 7 so-
gone J, the earl of Shrewfbury was created the king's lieutenant-general and ym ' ,, P- 7 7 1 '
commander in chief of the army and navy to be employed againft the Scots.
But ftill the Englifh enterprifed nothing of moment. In a fudden incurfion y ' p ' 399,

* They charge Henry as fuffering his wardens and officers on the borders, continually to aid,
favour, and relett, the rebels, traitors, and broken men of this realm ; inciting them to the con-
tempt of their and our foveieign lord's authority, riding with convocations of tnieves, traitors, and
murderer:-, their accomplices, fo many as they might be, and as far within the land as they durlf,
robbing, fpoiling, and overthrow. ng the true lieges of this realm, at their power. Rymer, vol. xiii.
p. y6z.

f Stowe favf, that Dactes entered Scotland on the 8th of February, and that when he made this
proclamation, the duke of Albany was within five miles, with a mighty power of Scots. Stowc,

P-5'5-

I The emperor left England in the end of June. In the beginning of July, according to Hall,
Henry ordeied all the French and Scots in his kingdom to be impnfoned and their good* feized.
According to Lefly, the Scots were ordered to be marked with a crofs and fent home to Scotland.
Denizens were fpaicd, on fhewing their letters patent, and where the imprifoned or expelled had
wives or children, half of their goods were allotted for their maintenance.

U u u they

5I4 THE BORDER- HISTORY OF

Henry vm. they burnt one part of Kelfo*, ard plundered the other; but the Scottifh
K. of England. |j 0rc ]erers of the counties of Mers and Tiviotdale, though greatly inferior in
i s C~ number, obliged them to retire with confiderable lofs.

Much about the time that Shrewfbury received his com million from the
king of England, the governor of Scotland held a parliament at Edinburgh,
where an expedition was decreed againft. England ; both in revenge of their
Aflso/pari'ia- own injuries, and in aid of their ancient ally the French king, by whom they
ment " had been moft earneftly foliated to attack, with all their might, the common

adverfary of both nations. The chief ftrength of the Engliih being then on
the eaftern borders, the governor propofed to make a diverfion by entering
their country on the other fide; and, accordingly, having collected a nume-
rous army in the neighbourhood of Edinburgh, led it with all expedition
Lefly, p. 401. towards the weftern march. But when he had arrived on the fide of the river
Efk, his progrefs was flopped by a fudden declaration of the Scottifh nobles,
that they would not accompany him into England. They alleged, that a
defenfive war would alone be fafely waged during their king's minority; that
fighting battles in England was to hazard far too much in the caufe of France,
and that the late fatal overthrow at Flodden was an admonition too dreadful
to be foon forgotten. The governor, utterly difconcerted with this combi-
nation, was glad to procure, by the intercefllon of the queen-mother -f, a
Sept. j 1. meeting with Dacres the Englifh warden, in order to treat of a truce. To
this Dacres readily confented; having no fufficient force to oppofe to the nu-
merous hoft of Scots that were ready to pour into his country. Ic was a con-
dition of this truce, that ambafladors fhould be fent to the Englifh court, to
propofe the re-eftablifhment of peace between the kingdoms: this embafTy
was accordingly fent in October, but the ambafladors infifting, agreeably to
their infr.ruc~t.ions, on France being comprehended in the propofed treaty ; and
Henry refufing this, and propofing, on his part, conditions equally inadmif-
fible by the Scots, this forced attempt towards a pacification had no effecl: J.
In the beginning of winter the governor pafTed over to France, hoping to
return with fuch a body of foreign foldiers, as would render his future expe-
ditions into England more fuccefsful.
a.d. 1511. In the following fpring, the chief command of the war againft Scotland, was

Feb. »6. conferred on the earl of Surrey, the Englifh lord treafurer and admiral; the
fame who led the van of his father's army in the field of Flodden; and
who, the fummer before, being intruded with conveying the emperor to
Spain, had the honour of being appointed by him admiral of his fleet. The
Sym. ib. p,78*. mar q U j s f Dorfet W as about the fame time appointed warden or lieutenant of
the eaft and middle marches ; the lord Dacres continuing to enjoy the warden-

* Hall afcribes ihe burning of Kelfo to lord Rofs and lord Dacres ; and fays, they burnt eighty
villages befides, and overthrew eighteen towers of (lone, with all their burnkins or bulwarks. Herbert
does nnt mention Rofs ; and according to Dugdale, the laftrlord of that name died in 1508.

•f- The queen, though nbfent, was believed to have inftigated the nobles to their refolution of not
entering England : ttji abfens hujus /amen ccnfilii auilor nobilibus fuit. Lefly, p. 405.

% Howbeit, fays Herbert, the truce was prolonged,

(hip

ENGLAND AND SCOTLAND. 5I5

fhip of the weft *. Dorfet had alio two lieutenants appointed under him, Sir James v.
William Bulmer for the eaft, and Sir William Lures for the middle-march ; ^ ' s ^'" d ;
who had ialaries afligned in their commiffions for themfelves, and for four 1523.
deputies and four ferjeants 7 to each of them.

The earl of Surrey, with Dorfet and Dacres, were, early in the fpring, at Halt foi. 106.
their polls on the borders. Dorfet, with Sir William Bulmer, Sir Anthony March 6.
Darcy, and other peribns of note, made an inctirfion into Tiviotdale in the u^p"^,
beginning of April; and after having burnt fevcral villages, returned the next 407-
day into England with a great booty of cattle J. The Scots fhewed them- Af " *
felves on the neighbouring hills, and took or flew fome of the ftraggling
marauders, but had not fufficient ftrength to adventure an engagement with
their enemies. Surrey is faid to have had under his command ten thoufand
mercenaries, befides other forces § •, which gave him a fuperiority all the
fummer over the Scots in his neighbourhood. He ravaged, with little or no
refiftance, Mers and Tivictdale, and overthrew the places of ftrength in thefe
provinces : but after he had difperled his forces, the Scottifh borderers endea-
voured, in the ulual manner, by inroads into England, to revenge the lofies
they had fuftained. To reprefs thefe marauders, Surrey again colle&ed a
body of fix thoufand men, and directing his march towards Jedburgh, where
he knew a great number of Scots lay, he afTauited the place; which, though
without fortifications, was obftinately defended ; but was taken by the Englifh,
after the lots of many lives on each fide. The Englifh incenfed by this refift-
ance, burnt the town, and demolifhed its ancient and beautiful monaftery.
Surrey remained with his army in its neighbourhood three days •, during which Sept. 24,
time lord Dacres took the neighbouring caftle of Farniherft ; after a valiant
defence, by Sir Andrew Ker its lord ||, who with the laird of Gradon and
others were made prifoners.

* Holingfhed, from Lefly, fays, that the earl of Northumberland was at this time made warden
of all the marches ; but foon after began to folicit to be difcharged from that office, and ceafed not
till he obtained it. Holingf. p. 309. So alio Hall, fol. 10;. By his declining this fervice, the
earl of Northumberland, according to Hall, fuffercd greatly in reputation, and even incurred the
contempt of his own tenants.

X Called Warden-ferjeants. So the commiflion. The wages of the lieutenants were 100
merks a year. Every one of the deputies had 10 1. per ann. all to be paid out of the exchequer at
the feafls of Michaelmas and Lady-day. Dorfet's wardenihip did not continue long; for in the
beginning of the following September, it appears, that lord Dacres wa$ warden-general of the
borders of England, oppofue to Scotland. Letters annexed to Heame's Otterb. and Whethamft.
p. S 8z.

J Hall fays, that Dorfet entered Scotland on Shere-Thurfday, and on the next day, being Good-
Friday, returned with his booty ; which was four thoufand head of neat. The places burnt by
the Englifh were, Grimflay, Mowhoufe, Dufford Mylles, Aikeforthe, Crowlyng, Nowes Maner,
IVJidder Crowling, Marbottel, Low- Bog, Sefsforth Maner, Middle Rigg, Primfed, Broket-
Shawes, Harvel, Wi Jecpcn Haugh, and other towns and villages.

§ Cum decern millilus mercenariorum et amplis auxiliis. Buchanan.

|| Ulually called Dand Ker, the fecond laird of Farnihertf, which houfe or caftle was built by
his father Thoma?, about 1490. There were feven of the name from about 1330, entitled of
Kers Haugh. The prefent Sir Andrew pofl'efied the eflate from 1499 to 1545. He married Janet
daughter of Sir Patrick Hume of PoKvarth. Douglas's Peerage.

U u u 2 When

5i6

Henry VIII.
K. of England.

« , 1

Holinglhcd,
Hall.
Lcf]y.
Buchanan,

Oft. 18.

Buchanan.

Lefly.

Holingfhid,

THE BORDER-HISTORY OF

When the duke of Albany fet fail for France in the former year, he prtf-
mifed to return before the firft of Auguft in the prefent. But this was
rendered impracticable by an Englifh fleet, under Sir William Fitzwilliams,
which guarded, during all the lummer, the feas and French ports. The
addrefs of Albany overcame this difficulty: he concealed the troops he in-
tended to embark, by removing them to a diftance from the coaft ; and alfo
diftributed the vefTels that were to carry them, into feveral different ports,
fo that there might not be any where the fhow of a fleet. The Englifh ad-
miral, deceived by this management, abandoned his cruize, and retired into
port about the middle of Auguft. When the feas were thus Open, Albany,
with great expedition, collected his fhips, embarked his troops, and fetting
fail from Breft, about the middle of September, arrived on the coafl of Arran,
on the day that Jedburgh was burnt by the Englifh. He brought over with
him, on board a fleet confuting of fifty fhips, three thoufand foot and one
hundred gens-d'armes*.

The Scottifh nobility being immediately fummoned to meet at Edinburgh,
it was there agreed, that an army fhould be affembled with all fpeed, to be
led, in conjunction with their foreign auxiliaries, againft the Englifh. The
rendezvous of the army was in Douglas-dale, to which they were fummoned
to repair with twenty-eight days provifions ; and thence they marched towards
Melrofe. After the greater part of the army had pafTed a wooden bridge over
the Tweed, in the neighbourhood of that place, the Scottifh nobles, making
the fame objections as they had done laft year upon the Efk, againft marching
into England, thofe who had crofted the river returned -f, and the whole army
marched down the north fide of it to Coldftream. There it was refolved to
attempt the reduction of the caftle of Wark, fituated a little above Coldftream
on the oppofite fide of the river, the fortifications of which caftle the earl of
Surrey had lately repaired : George Buchanan, the celebrated poet and hif-
torian, carried arms in this expedition, and gives us the following defcription
of the caftle, as it then flood. In the inmoft area was a tower of great
ftrength and height. This was encircled by two walls, the outer including a
large fpace, into which the inhabitants of the country ufed to fly, and carry
their flocks and corn in time of war; the inner of much fmaller extent,
but fortified more ftrongly by ditches and towers. The captain of this caftle
was Sir William Lifle : it had a ftrong garrifon, good ftore of artillery and
ammunition, and other things necefiary for defence. The duke of Albany

* He was accompanied by Richard de h Pole, a pretender to the crown of England; claiming
as the fon of Elizabeth eldelt filter of Edward IV. and alleging, on the fame grounds with
Richard III. that the illue of Edward by Elizabeth Widdeville was illegitimate. Richard de la
Pole was entertained in France ; and when that nation was at war with England, was fupported by-
Francis in his pretenfions to the Englifh crown. He was flain at the battle of Pavia in 1525.
Carte, vol. iii. p. 61.

His elder brother, who, from a jealoufy of thefe pretenfions, was imprifoned by Henry VII.
was put to death by Henry VIII. on the breaking out of his firft war with France.

f This circumftance is mentioned by Buchanan, who was prefent in the expedition ; otherwife,
it might be palled over as a factious tale : for after the Scots had crofted the Tweed at Melrofe, they
were Hill many mile* diftant from the Englifh border.

fent

ENGLAND AND SCOTLAND.

517

Jamej V.
K. of Scotland

fent over the Tweed fome bartering cannon, and a chofen band of Scots

and French, confifting of three or four thoufand under the command of

Andrew Ker of Farniherft. A body of horfe was alfo fent over to fcour and

ravage the adjacent country, and to cut off the communication between it and

the caftle §. The French carried the outer inclofure at the firft affault. The

garrifon drove them out of it by fetting fire to the corn and ftraw that were

laid up in this inclofure. But the befiegers foon recovered it, and made a

breach by their cannon in the inner wall. By this breach an affault was given,

in which the French fhe wed great bravery; but the Englifh refilling with

equal vigour, and the affaihnts being fore gahed by the (hot of thofe who

were above them in the tower or donjon, were at laft obliged to retire,

after a conliderable (laughter on both fides *. A new affault was to have been Buchanan.

made the next day; but a great fall of rain happening in the intervening Nov -2»

night, obliged the whole detachment employed in the fiege to return to the

main army, left the fudden overflowing of the Tweed fttould have rendered

their retreat impracticable.

During this expedition of the Scots, the earl of Surrey was at Alnwick Buchanan,
with a great army-f; and the marquis of Dorfet with fix thoufand men was ^ e " y, f
at Berwick, which Albany, it was believed, intended to befiege^;. Ac- Hoiingfod.
cording to Lefty, Albany, after abandoning the fiege of Wark, fent by an
herald a challenge to Surrey, to meet him in battle on the borders of Scotland;
which Surrey refufed, on pretence of his commiffion reftricling him to wage a
defenfive war. The Englilh writers reprefent the dread of Surrey's approach,
as the chief caufe of the Scots abandoning the fiege of Wark. And Hall, in
particular, informs us, that the Scots had fcarce got their ordnance over
Tweed, when Surrey with five thoufand men on horfeback arrived at Wark j

§ Thefe, according to Lefly and Holingfhed, made an inroad in:o the neighbouring diftricT: of • t'J
Glendale, where they burnt and plundered fome towns, and demolilhed fome piles or flrong hojfes. o

Holingf. Sc. Chron. p. 311.

* Holinglhed fays, that part of what he calls the caftle, he means the tower or donjon, was
beaten down by the artillery on the other fide of the Tweed. But Buchanan affirms, that when the
affault was made, the tower ( Arx intima) was entire. It appears, however, that the roof of the
donjon was hurt, by a letter of Cardinal Wolfey to lord Dacres in the following June ; in which
the cardinal writes, ' that it was the king's pleafure that as much lead might be fpared
' from Dunftanburgh, as fhould be employed in repairing the donjon of Wark.' Ap. Otterb,
p. 616.

f Surrey was joined at Alnwick by the earls of Northumberland and Weftmoreland, the lords
Clifford, Dacres, Lumley, Ogle, and Darcy. There came alfo from court, to be prefent at the
expected battle, Sir Nicholas Carew mafter of horfe, Sir Francis Brian, Sir Edward Boynton, and
others. The Englifh army, according to Hall, confided of forty thoufand men.

\ Anthony Ugtredde, at that time, 1 fuppofe, captain of Berwick, wrote to the earl of Surrey,
on the 1 2th of October, * that he hid received certain intelligence from one of his neighbours in
' the Mers (he calls him my lord David Home) [Who is meant here? the prefent lord Home's
' name was George ; his brother David was prior of Coldingham] that the duke of Albany was
' coming to Berwick and no other place.' Part of Albany's army was then at Lauder. Surrey had
prcmifed to fend four thoufand men for the defence of Berwick. And Ugtredde mentions in
this letter, a platform nuith maundei [a) ; i. e. a fafcine battery, or rather battery with gabions, f a )maunJeig-
which Surrey directed to be made ; and Ugtredde blames the lord Dacres for its not being executed, nines bajka,
Ap. Otter, p. 631.

the

5: 8 THE BORDER-HISTORY OF

Henry vm. the reft of his army following him. He adds, that when Surrey arrived, three

K. of England, ^un^red dead bodies of the aifailants, moft of them Frenchmen, who were (lain
1513. in the laft attack, lay (till unburied on the fpor. v/here they had fallen. The fame
writer reprefents Albany as marching off his army from the Tweed, imme-
diately after he had railed the fiege of Wark. Buchanan relates, that the
Scottifh army kept their place on the fide of the Tweed eight days longer; but
acknowledges, that it was the certain intelligence Albany had of the approach
of the numerous forces of the Englifh, and the averfion he perceived in the
Not. 13. Scottifh nobles to fight, that determined him to retire. His firft march was
to Eccles, where there was, at that time, a convent of nuns: fetting out
thence at midnight, the army proceeded to Lauder; which was a very dif-
treffing march, both to men and horfes, by reafon of a fudden ftorm of fnow*:
and this fevtrity of the weather obliged alio the Englifh army to difperfe and
retire.

lefly, Herbert. The winter paffed without any mutual incurfions, which hiftorians afcribe
to a truce-, but there feems to have been no formal truce during this period +.

Ai P .to©tterb. Yet there was a correfpondence carried on with the Englifh court, both by

p " S96, the queen-dowager J and the duke of Albany ; in which pacific overtures

were made, and the confequence of which feems to have been an abftinence

lb. p. 625. 630. from hoftilities. The queen correfponded with the earl of Surrey, and con-
veyed by him her letters to her brother: and when Surrey was the king's
lieutenant on the borders, fhe gave him intelligence concerning Scottifh affairs.

lb. p. jSG. Albany addreffed his propofals to Dacres, warden-general of the marches,
by whom they were conveyed to the Englifh cardinal ; and the cardinal's

lb. p. 5S9. 594. anfwers were returned by the fame channel. The cardinal was very defirous
that Albany (hould come in perfon into England; and endeavoured to flatter
his ambition with the hopes that they two might be able to reflore peace,

".it>.p--s. not only between England and Scotland, but over all Chriftendom §. Henry

was at this time engaged in high projects on the fide of France |] ; where
Francis was reduced to great diftrefs by the lols of an army in Italy, and by

* Buchanan fays, he joined the French auxiliaries in this expedition, with a view of learning the
art of war: but his march, in returning, through deep fnow, and in meft fevere weather, made
him relapfe into an illnefs from which he had lately recovered, and which confined him to his bed all
that winter. Buchanan's account of his own life.

•f- None are pub'iilhed by Rymer.

j This correfpondence, and the fubjeft of it, appear from a final! collection of original letters
from cardinal Wolfey, and the queen-dowa:,er of Scotland, to lord Dacres warden of the Engliih,
^marches, publiihed by Hearne in his Appendix to Ottetburne and Whethamftede, vol. ii.
p. 574, feq.

The queen pretended not to have feen the duke of Albany fince his laft coming into Scotland, and
to be in no concert with him ; remaining with her fon at Stirling: but her brother and Wolfey
were diffident of thefe profeffions, and fufpecled that Albany made a fool of her.

§ Occafion was given to this, by Albany's infilling, that France fhould be comprehended in any
treaty of peace or truce that fhould be made between England and Scotland.

|| He and the Emperor, fupporting Bourbon and thofe who were expecled to follow him in his
revolt, hoped to make a cor.queft of France and ihare it among them. On which event, Henry's
•fhare was to have been Normandy and Guienne, the polleflion of his anceftors, together with the
title of king of France. Herbert.

•the

ENGLAND AND SCOTLAND. 5Jg

the defertion of the conftable of Bourbon to the Emperor. And perhaps James v.
Wolfey entertained fame expectation of prevailing with Albany, by his arts K, °^ c " land '
or offers, to follow the example of Bourbon* : but Albany was unfhaken in 1523.
his fidelity to France •, and, at the fame time, an equal match for the cardinal I^ p ' 6 598 ' 5 "'
in the chicane of negociation. By this addrefs, together with Henry's great
expences in carrying on war with France, and particularly in lupporting
Bourbon, who was preparing to invade France from Italy, very little annoyance
was given to Scotland either in winter or fpring ; and the queen-dowager and
Albany feem to have concurred in their endeavours to fufpend, during the fame
period, all hoftilities againft England.

But the duke of Albany found his fituation in Scotland extremely uneafy, by a.d. 152^.
the factious oppofition of the Scottifh nobles-, proceeding, perhaps, more from
jealoufy and envy of fuperior parts and power, than from an averfion to the
duke's zealous attachment to France. Thefe difcontents of the Scottifh
nobles, were carefully fomented by the fecret practices of the Englifh court:
and a confiderable number of them, in concert with the queen-dowager, Ap P . o«ert»
entered into a project of putting the reins of government into the hands of the p ' 6ai '
king, although not yet thirteen years of age. The queen was earned for this
change-, from her hope of obtaining the greateft fhare of dominion, by her
afcendant over her fon-j-; while the nobles flattered themfelves, that, by
getting the perfon of the young king into their hands, they would at the fame
time attain the pofieffion of his royal authority -, of which the minorities of
former kings afforded fundry examples. Albany, either defpairing to over-
come the combination that was formed againft him, or hoping to bring fuch
aids from France as would render him too ftrong for his adversaries, fet out
for that kingdom in the end of May. He promiled to return before the firft e p .rr. s<v
of September, with new and great fupplies for defence of the kingdom : and Jr V. 1 * p ' i$x '
in cafe he did not, he advifed the king, with the concurrence of the three eftates
of his kingdom, to affume, the foveieign adminiftration into his own hands.
But that he might not abandon all his power in the kingdom, he left a garrifon
of Frenchmen in the caftle of Dunbar, who held it for him a confiderable time
after his return was defpaired of.

After Albany's departure, the correfpondence was ftill continued between Lefiy.
the queen-dowager of Scotland and the court of England -, but the project of Hall > fo1 ' I2 9»
peace not being brought to maturity, nor any truce fubfifting, there were
mutual incurfions in the months of June and July, both on the eaftern and
weftern march. On Trinity Sunday, five hundred Scotfmen palled the Tweed June 21,.
at different fords, and lay in hollow grounds near the highway, with a view of
intercepting the traders and others going to a fair in Berwick, which began on
that day. They took much fpoil, and made many prifoners -, but being at-
tacked near Brankfton by a body of Englifhmen, who gathered on the alarm,

* Angus, returning from France, informed the Englifh cardinal, that the king of France and
his mother had no fmall fufpicion that Albany was of the faction of Bourbon. App. Otterb. 619.
Alfo ibid. p. 602.

f The letters publimed by Hearne, give but a mean opinion of her capacity; but this defect
would not make her lefs fond of governing.

6 and!

520

Henry VIII.
. K. of England,

1524.
July J-

Letters in A pp.
to Otterburn,
p. 617.

lb. €jA. 627.

July ao.
•Herbert, p.'di,

App. to Ottab.
£■ 6*4.

THE BORDER- HISTORY OF

and were joined by the young lord of Fowberry, at the head of one hundred
light horfe, a fierce fkirm.fh enfued, in which the Scots were defeated, and in
their flight two hundred of them were taken. In the beginning of July,
nine hundred Englifhmen led by Sir John Fenwick, Leonard Mufgrave, and
the baftard Heron, made a plundering inroad into the Mers ; but being
Suddenly attacked by a much greater number of Scots, they were obliged,
after a ftout refiftance, to feek their fafety by flight. A confiderable number
were flain, and among thefe the baftard Heron : two hundred were taken
prifoners, among whom were Sir Ralph Fenwick, Leonard Mufgrave, and
other perfons of note *. The lord Maxwell, in an inroad made into England
by the weftern march, had almoft undergone the fame fate with the Englifh
marauders in the Mers-, but he extricated himfelf by his valour and addrefs,
and carried off a number of Englifli prifoners to his own country.

About a month after Albany left Scotland, the earl of Angus and his
brother William, having made their efcape out of France, arrived at the
.court of England f. Henry gave them a welcome reception -, as no perfon
-could be more proper to oppofe to Albany, than the head of lb great a
Scottifh family, and who had at the fame time lb fharp a refentment againft
that recent, The great difficulty about employing him in the intended revolu-
tion in Scotland, into the project of which Angus very heartily entered, was
the incurable averfion that the queen entertained againft him, And hence,
although he was fent down to the borders foon after his arrival ; yet the lord
Dacres was inftructed not to fuffer him to enter into Scotland, nor to inter-
meddle with affairs there, until it was known what fuccefs fhould attend the
practices of the queen.

It is probable, that thefe practices were forwarded by the queen's defire of
-executing her plan, without allowing her hufband any fhare of the honour
and advantages of it-, and of fhewing the court of England, that the return
of Angus into Scotland, was no way necefTary for effectuating its projects in
that kingdom. The earls of Arran, Lennox, and other nobles, entering into
the queen's views, removed the young king from Stirling to Edinburgh, in
the end of July, and there put into his hands the adminiftration of the
fupreme power; which was to be carried on with the concurrence and advice
of his mother, and a council of fome of the chief lords and prelates in the
kingdom. The king of England, upon this revolution, ordered a ceffation of
■hoftilities, and fent Thomas Magnus a clerk, and Roger Ratcliffa gentleman,
to be hie refidents at the court of Scotland. The duke of Norfolk, treafurer
and high-admiral of England, was alfo fent down in his former character of

* This is Lcfly's account ; but, according to Hal], the Englifli carried off two hundred prifoners,
which they took in this engagement ; and he afcribes the taking of Sir Ralph Fenwick, &.C. to
their eagerly purfuing too far the Scot:, who were defeated and flying.

•f- Cardinal Wolfey, in a letter to lord Dacres 6th of July, fays, " That firfl; William Douglas,
" and afterwards his brother the eail of Anguilh (fo fpelt), having fled and fecrctly efcaped out of
■" France, had lately arrived ; and that the king and himfelf had had fundry ccmmunicaiions a?id
" conferences with the earl, who he fays, was greatly improved in wifdom and policy during his
" itay in France."

lord

ENGLAND AND SCOTLAND, «r

lord lieutenant of the northern parts *, to arive fup irl md counfel to the „ L'^y-

queen and her party, in effecting this change ; and Morro s joint com ,_ ,~__y

miffioner with the lord Dams, in concluding at Berwick irmal triii «s i

b.tween the kingdoms for three months. The Scottifh commiffioners for R ym ' P vo* ar ,

negociating this treaty were, Gilbert carl of Cafllls, Sir William Scott of v "■

Balwerry, and matter Adam Otterburn of Auldham, appointed by the king

of Scotland, with confent of the queen his mother, and the three ejiatcs of his

realm -p. The treaty itfelf declares, that the king of England had been moved

by the earneft entreaties of his filler, to confent to an abstinence from war, in

order to the lending an embaffy to him from Scotland, to treat of a longer or

perpetual peace; that, accordingly, a celTation of hoftilities by land and water

was now concluded, to continue until the firft of December; an obligation

was to be given, and was actually given on the following day, by the Scotiifh

commifiioners, that the embaffy abovementioned fhould be fent, during the

truce, to the king of England ; meetings were to be held at the ufual places,

by the officers of the marches, where injuries were to be redrefied in the

manner prefcribed in the treaty of perpetual peace between Henry VII. of

England and James IV. of Scotland ; and fuch redrefs of injuries was to

extend to the time of the fhort truces that had been lately concluded by the

wardens, the one from the i ith to the 25th of Auguft, and the other from

the 26th of Auguft to the 8th of September. It was alio an exprefs article of

this truce, that, if the duke of Albany fhould return into Scotland before its

expiration, and be admitted to the peaceable poffeffion of his revenues and

authority, as governor of the realm, in that cafe, the prefent convention

fhould be void and of no force.

From thele tranfaclions with England, it fufficiently appears, that, at the
time of them, the removal of Albany from his office was fully relblved upon
by the bulk of the Scottifh nobles-, and in effect accomplifhed. This revolu-
tion was much promoted by the diftreffed fituation of Fiance, from the
conftable of Bourbon's invading that kingdom, and laying fiege to Marfcilles;
which made it impofiible for Francis to do any thing to fupport Albany or his
intereft in Scotland. But Henry, fufpecting that Arran, notwithftanding his
late aifling in concert with the queen, was friendly to France, allowed Angus
to return in Oclober J into Scotland, notwithftanding the oppofition made by
the queen-dowager. A Scottifh parliament meeting in the following months Keith's App.
depofed Albany from the regency by a formal decree -, which, as the time of No. 5.
his promifed return was then fo long elapled, they founded upon his defertion
of his charge and the hurt thence arifing to the kingdom. Two days after

* The earl of Surrey had become duke of Norfolk, by the death of his father, on the 24th of
the preceding May. Dugd.

•f- So the commiffion runs.

J The king at Angus's departure took his obligation, i. To procure and maintain the young
king's authority, to the exclufion of the duke of Albany. 2. To feek with all humility to be
reconciled to the queen. 3. To cultivate friendlhip with Arran, while he maintained the autho-
rity of the young king and averted him from France; whereupon alfo Henry promifed, that if
Arran behaved otherwife, he would maintain Angus againft him, Herbert, p. 63.

X x x this

Nov. 16.

HciVert.

522 THE BORDER -HISTORY OF

Henrvvm. t ' n j s decree of the Scottifh parliament, a commiffion was given in the king's
k. of England. namf ^ vv [ tn ac ]vice of hij parliament and confent of his mother, to three am-
baffadors to go to the court of England * ; to treat of a marriage between their
king James, and Mary daughter of Henry, and alfo of a peace or truce be-
tween the kingdoms. Thefe ambaffadors, at their entering into England, con-
H>. p.a8.* 9 ' eluded a truce with lord Dacres, who had met with them fomewhere on the
marches, to continue for two months after the expiration of the former. And
a. d. ^5. on the 5th of the following January, the ambaffadors concluded with Norfolk
and Dacres at London, another truce of the like extent, to commence on the
26th of January and to expire on the 2gd of March. From the indentures of
thefe truces, it appears, that certain points which the Scottifli ambaffadors
had in charge to negociate with the king of England, could not be fettled
without additional powers and inftructions from their own king and his council -,
in order to obtain which, the ambaffadors had refolved that Caffils fhould go
to Scotland •, and to give time for his going and returning, and alfo for the
quiet return of all the ambaffadors, in cafe that nothing fhould be concluded,,
the truce lad-mentioned was agreed upon. The points which puzzled the
Lciey." Scottifh ambaffadors, were two propofals made by Elenry, as conditions of giv-

ing his daughter in marriage to James. Thefe were, that the king and ltates
of Scotland mould renounce its ancient league with France, and conclude one of
the fame tenour with England •, and that the young king fhould be educated,
and refide at the court of England, until he attained to the age fit for mar-
riage. Caffils, having received inftruflions on thefe heads, from a Scottifh
parliament that met in the end of February, returned to London in the follow-
¥.<s>. »4. ino- month -j-, in order to refume the negociation of peace, and of the propofed
marriage. But advice of the battle of Pavia, wherein the king of France had
become the emperor's prifoner, having arrived at London before Caffils's return,
opened a new and unlooked-for fcene, which engaged the whole attention of
the Englifh court, and delayed any conclufion in the matters in agitation with
Scotland. To give farther time for the difpatch of thefe matters, and for the
Rym. vol xiv. return of the ambaffadors to their own country, another lhort truce was con-
iv 35- eluded, to continue from the 23d of March to the 15th of May.

The earls of Argyle and Lennox, who were not admitted by the queen and-
Arran to the fhare they thought due to them, in the adminiflration of public
affairs, foon combined with Angus for making a more equal partition of
power. The queen and Arran, dreading the ftrength of this combination,,
{hut themfelves up with the king in the cattle of Edinburgh, and proclaimed
the meeting of the parliament, called in February, as was above related, for

* Thefe were, Robert Cockburn bifhop of Dunkeld, Gilbert earl of Caffils, and Alexander
Mill abbot of Cambufkenneth.

f Herbert fays, that Caffils returned to Henry with the refolution of the Scottish nobility, and
letters from queen Margaret, ftiewing, that the lords of Scotland would be content to relinquish
the French, provided the match with the princefs Mary were made fure; but they required, that
the proinife by which flie had been engaged to the emperor (in 1522), mould be firft difcharged..
Henry hearing this, faid he would confer with the Emperor about it. Thus Herbert, who com-
monly writes from good authorities : but what he adds, that the Scottifh ambaffadors departed in 1
April, having concluded a treaty for three years and a half, is inaccurate,

giving

ENGL AND AND SCO T LAND. $ 2 $

giving inftru<£lions to the earl of Caffils, to be held in the cattle, inftead of its jameiV.
ufual place of meeting in the city. Angus, and his affbciates, refufed to give K "^• s,ctLnd -
their attendance in a place where they muft have been in the power of tneir is****
enemies ; and in order to oblige the latter to abandon their ftrong hold, envi-
roned it with an armed band of two thouiand men, and cut off from it all i'up-
plies of provifions. The caftle, on the other hand, fired on the befiegers, ami
on the houfes of the city which covered them. I his ftrife was compofed by Krit ■,., /p .
the mediation of churchmen; and Angus, together with Arran, Argyle, and No.j.
Lennox, the two archbifhops, and the bifhops of Aberdeen and Dunkeld,
were appointed members of the king's privy council, and the queen to prefide
as the principal and odd perfon in it. To thefe was committed the admini-
ftration of all public affairs. The queen had alio the principal charge of the
king's perfon, and free accefs to him at all times ; and (lie and the council had
the choice of his other attendants. This charge in the fummer following , ul -
the counfellors diftributed into a quarterly attendance of two of their number, IK*,
a lord and a prelate, having for their afiiftants certain lords of each eitate.
The earl of Angus, and Gavin Dunbar archbifhop of Glafgow, were the firll
pair of counfellors, who, according to this arrangement, had the keeping of
the king*-, and an occafion was thereby prefented to Angus, of feizing into
his own hands, together with the perfon of his fovereign, the adminiltration
of the royal power. He was favoured in this enterprise by the averfion and Codfcrort.'voUSj
refentment of the queen ; who, complaining of his promoting his brother Wil- p, .? ;- SmaU
liam, already abbot of Coldingham, to the abbacy of Holyrood-houfe, without
afking her confent, or that of the other counfellors, retired in difpleafure with
her friends to Stirling; thus leaving the king entirely in the hands of Ano-us
and his faction. The power of his fovereign was foon employed by the ambi-
tious earl, in conferring the chief offices of Hate on himfelf, his relations, and
favourites : he himfelf had the wardenfhip of the eaft and middle marches, R m Tol x ; r
his uncle Archibald Douglas was made treafurer, and his brother Sir George p-9«>
great chamberlain.

The emperor, not fupporting the fame character of moderation which he
affected to dilpLiy on his tirft receiving intelligence of the king of France's cap-
tivity, and having alio offended the pride of cardinal Wolfey ■, the kin<* of
England thought it wife to abandon his over-grown ally, and to enter into a
negociation with Louife, the mother of Francis, and queen-regent of his king-
dom. This negociation iflued in a treaty of peace, wherein Scotland, as Aug. 30*
ulual, was comprehended as one of the allies of France. But a feparate con- Rym.ib, p.74.
vention was added to the treaty, of the fame tenour with that annexed to the 75 '
treaty of 1518; declaring, that the hoftilities defcribed in the treaty of 1 514,
if committed by either nation, after the 25th of the enfuing December, fhould
render this comprehenfion of no effect. By another feparate convention,
Francis, and the queen-regent, obliged themfelves to give no manner of aid or
counfel to the duke of Albany to enter into the dominions of the king of
Scotland, while his minority continued.

•Angus and the archbifhop had, for their afliltants, the blfhop of Orkney, the earl of Morton
the abbot of Holyrood-houfe, the lord Sston, and the aboot of Arbroath. '

X x x 2 In

lb.p, 114.,

A. D. 1516.

5?4 THE BORDER-HISTORY OF

Henry vm. j n ^^ manner the peace had been maintained between the kingdoms, after
k. <,f Engine). ^ 15th of May, the day on which the truce concluded at London, on the
"1525. 23d of March expired, doth not appear. It is probable, it was by a feries of
fhort truces, concluded from time to time, between the wardens of the
Rym. vol. iv. marches. In the end of September, the earl of Angus, undoubtedly informed
p. 91. of the treaty between France and England, which was concluded and figned

in England a month before, received a commiflion, in conjunction with his fel-
low counfellor the archbifhop of Glafgow, Sir George Douglas his brother -fy
and others J, to treat with commilTioners, from the king of England, con-
cerning a confirmation of a peace between the kingdoms. Henry, on the
27th of Auguft, had given a commiflion, in the uiual form, to the earl of
Weftmoreland, the bifhop of Carlifle, the lord Dacres, and three others *, to
treat of a peace or truce with Scotland. Thefe commifiioners of each nation
met at Berwick on the ioth of October, and there concluded a truce for three
years-, but they agreed to meet again at the fame place in January, in order to
interchange the feals and writings neceffary to corroborate and perfect the
treaty. It is probable, the powers of the Scottifh commifiioners were objected
to ; for a new commiiiion was given them on the 6th of January, declaring, that
they were appointed with the advice of the three eftates of the kingdom afTem-
Ib.p. 113. bled in parliament, and in this commiflion the term of three years, for which
they were empowered to negociate a peace, was particularly fpecified.

In the interval between the meetings of commifiioners at Berwick, an
effort was made by the earls of Arran, Argyle, the archbifhop of St. Andrew's,
-and others of the queen's party at Stirling, to oblige Angus to yield the keep-
ing of the king to the queen, and the other counfellors in their turns. They
f . q4 . fent a meflenger to Angus, to charge him in their name, with the high guilt

I*"/, p. 41 r- f holding his fov.ereign in an involuntary fubjection, and of debarring from
their fhare in the adminiftration of public affairs, thofe, who by the appoint-
ment of the [fates of the kingdom had an equal title to it with himielf;
and they required from him an immediate redrefs of thefe enormities. To
confute this accufation of his violently detaining the king, Sir George the
earl's brother, had the addrefs to prevail with the king, to declare to the mef-
fenger, his entire contentment with the company of Angus, and the treatment-
he received from him, and his defire to remain in his prefent fituation. But
this declaration was given only to gratify thofe who had him in their power.
He felt the indignity of Angus's ufurpationj earneftly defired to be free, and
found means to make his fecret wifhes known to the queen and the lords of her
party. Upon this the lords aflfembled fome troops, and advanced as far as

■}- He is called in the commiffion, George abbot of Holyrood-houTe. There mud be fame mif-
take here; for Angus's brother William was lately appointed abbot of Hi-Iyrood-hjufe, and lived
feveral yea<-s after the date of this commiffion.

J The other commiffioners were, Robert bifhop of Murray, Sir William Scot of Balwery, and
Mr. Adam Qtterburn of Auldham, king's advocate.

•The other Englilh commiffioners were, Kryan Higden clerk, dean of the cathedral of York,
Thomas Magnus archdeacon of Eallrithing, and oir William Bulmcr. Dacres had not, in this com-
miffion, the title of warden of the marches, which he bore io the treaty of the 23d of March lail:
Henry had conferred that office on his favourite natural fon.

Linlith-

ENGLAND AND SCOTLAND; 525

Linlithgow, in their way to Edinburgh ; purpofing to accomplifh by force, „ {^^j

whan they could not effect by their treaties or remonftranccs. But Angus, vj _)

with the king in his company, and followed by his own dependents, and the '5 l6 »
burghers of Edinburgh, boldly marched forth from that city, to face his
adverfaries •, who, awed by the prefence of their king, or perceiving a force
more formidable than they thought of, abandoned their enterprife, and retired
into different and remote parts of the kingdom. This hoftile rendezvous of Jan. 10.
Angus's adverfaries at Linlithgow, happened only three days before the day-
that had been fixed for his meeting the Englifh commiiTioners at Berwick, in
order to put the laft hand to the treaty that had been negociated in October.
As his perlbnal attendance at Berwick was thus rendered impracticable, he
figned at Edinburgh, in the prefence of Magnus, one of the Englilli commif-
fioners, the indenture of the truce; and gave a written obligation, confirmed,
by a notorial inftrument, binding himfelf to ratify all that his brother Sir
George Douglas, and Mr. Adam Otterburn ofAuldham, two of his fellow
commiflioners, fhould tranfact and conclude at Berwick in his name. In the Rym . T0 | >x ; n .
narrative part of this obligation, the earl reprefents the affembly of the lords, p< "4.
counfellors, and their adherents at Linlithgow, as intended to difturb and hin-
der the peace with Ingland, and efpecially the making due redrefs upon the
borders to the fubjects of that nation * ; in order to reprefs which wicked pur-
poles, he declares his refolution, in company with others of the king's coun-
fellors, to proceed towards them with all diligence. The time which Angus's
rivals had chofen to attack him, gave him this advantage againfl. them, of
accuiing them as enemies to peace between the kingdoms ; and perhaps they
had made choice of that time, in the expectation that Angus would be gone
to Berwick. As they immediately retired, upon Angus's approach, the com-
miflioners at Berwick muft have had intelligence of their flight and difiipation,
before the treaty was figned, which was on the 15th of March.

This treaty, by which a peace was concluded for three years following its Rym. ft,
date, is nearly of the fame length with that of 1491, and thofe fucceeding it in
the reign of Henry VII. Its general articles too are almofl: the fame with thofe
in the truce of 1 199, and in the treaty of perpetual peace concluded in 1502.
It was mutually agreed, not to refett rebels or traitors ; and on letters of re-
quifition, from their prince, 10 deliver them to the bearer of fuch letters, or
to any other perlon named in them, in twenty days after making the demand.
So alfo every kind of malefactors were to be delivered in the fame manner,
in ten days after being demanded by their natural prince or his officers on the
marches. Letters of fafe -conduct were to be granted agreeably to the terms
of the treaty laft-mentioned : but a provifo was added, that the fupplicatory
letters of the one prince to the other, for a fafe-conduct to any fubject, fhould
have the force of a lafe-conduct, fo far as to fecure the faid lubject's return to
his own countrv, although the latter prince had thought proper to refufe the
fafe-conduct defired. Murderers were to be profecuted to death in the man-

• Scot of Bucdeugh was at that time a mighty border chieftain, and probably was one of the
compaoy at Linlithgow. .

ner

52 6 THE BORDER-HISTORY OF

Henry via. ner appointed in the treaty of 1499*. Affairs relating to commerce and
^' ° ° 6 a " ,' intercourfe by fea, were to be regulated according to the treaty of 1464,
i5»f. The hoi trodd was allowed in the manner it had been long eftablifhed. An
article relating to Berwick was inferted, of the lame import with thofe in the
S. ib us. truces and peace above referred to of Henry VII. A diforder frequent in the
marches is mentioned for the firft time in this treaty •, and for remedying it a
new article is inferted. It was a common practice of the inhabitants of the
marches on both fides, not only fecretly and by ftealth, but in an open and
public manner, in great companies, to enter the borders of the neighbouring
kingdom, and there to cut down trees and carry them off", againlt the will
and in open defiance of their proprietors, which had been a great occafion of
enmity and ftrife; in order to prevent which, in time coming, it was agreed,
that no fubjects whatever of either kingdom fhould commit fuch injuftice, and
that wrongs of this nature fhould be redrelTed as violations of the prefent
treaty; the trees that were cut down and carried away being eftimated by the
oath of their proprietor. The articles relating to fugitives from the one
country, tli3t had become fubjects of the other, and to thofe who without
public authority retaliated or revenged the injuries they had received, were the
time as in the treaties of i486 and 1491, and in various fubfequent ones.
It was agreed, that, during the continuance of the prefent truce, the king of
Scotland fhould fend his ambafiadors to the king of England, in order to treat
of a perpetual peace between the nations ■f.

During the two firft years of this truce, and a considerable part of the third,
Angus maintained his poffeffion of the king's perfon and adminiftration of the
Drummond. government. By the advice of James .Beton, archbifhop of St. Andrew's, the
Lef 'y- queen-dowager purfued, in Beton's confiftory, a divorce from her hufband,

which both parties had long earneftly defired. The queen alleging, and
Angus acknowledging, a pre-contract with the daughter of the earl of
Traquair, the marriage was declared null. The queen foon after married
Henry Stuart, fon to the lord Evandale; whom the king, after regaining his
liberty from the thraldom of Angus, created lord Methven. Her brother
the king of E'ngland was difpleafed with her divorce and new marriage.
This diffatisfaiftion with the conduct of his filter, the oblequioufnefs of Angus
to him, and the great affairs of the continent in which he was deeply engaged,

* This punifhment by death is alfo peremptorily appointed in the treaties of 1528 and 1534..

■J- The friends and confederates of both parties, without making a particular enumeration of
them, were to be coniprehended in this tieaty ; unlefs any of thefe mould detain or withdraw from,
cither of the kings, any dominions, lands, revenues, penfions, or debts, any how pertaining to
them. It was alio agreed, that Margaret the queen-dowager of Scotland fhould be treated with
the refpett due to her high ltation, and fhould have her dower regularly paid (a). The odd
exception of the lordfhip of Lorn and ifle of Lundy, was continued in this treaty, as it likewife is
in the treaties of 1528 and 1584. There was no particular mention of confervators.

This treaty was ratified by the king of Scotland on the izth of February ; and on the 7th of
March, Thomas abbot of Kelfo, and Mr. George Ker provoit of Dunglafs, were empowered to
deliver and receive its ratifications. Rymer, ib. p. 122. 127.

{a) Shu complains much of the bad payment of this, in her Utters to lord Dacres,

2 all

E N GL A ND AND SCOTLAND. 527

all confpircd to make him connive at Angus's violent proceedings, and to „J a Tt. sV ,*

r , • r 1 i- r e \ ■ 1 K - of Scotland.

attempt nothing tor the relief or his nephew. ^ ___ _,

But while Angus enjoyed this quiet on the fide of England, he could not is* 6 -

hinder the efforts of his enemies at home to bring him down from his immo-
derate power. One of thefe efforts was made in the neighbourhood of Mel-
rofe, as the king was on his return from a progreft he had made to Jedburgh, Auguiu.
to quell fome flagrant diforders on the marches. Angus, with a body of his Drummond,
kindred and clients, was attending the king on this expedition. The border p- 95-
chieftains of Angus's party, the principal of whom were, the lord Home and 4 i . y ' 4 ' 9
the lairds of Ceisford and Farniherft, with their followers, were alfo in the
king's company. The earl of Lennox was likewife prefent; who was the
favourite and confident of the young monarch, and had contrived this pro-
grefs in the view of effecting his liberation. For this purpofe he had entered
into a fecret concert with Scot of Buccleugh, and had procured an order from
the king to that potent chiettain to exert his power for his fovereign's refcue.
Buccleugh had defignedly procured exceffes to be committed within the
territories on the marches, that occafion might be given to this expedition of
the king. He had alfo declined appearing at Jedburgh; but as the king and
his company, weakened by the feparation of Home and the Kers, who had
a little before taken their leave, were paffing the bridge at Melrofe, Buccleugh
iuddenly appeared on the defcent of the neighbouring hill J, accompanied by
a thoufand horfemen, chiefly banditti of the borders. Having defpifed a fum-
mons from Angus to retire and diiperfe his forces, and declared his refolution
to fee the king, and that the king mould fee the forces he had at that time
ready to ferve him *, an engagement enfued. Home and the Kers were (till
fo near as to be able to return in time to give a feafonable aid to Angus's
company •, who foon put Buccleugh and his followers to the rout, with the
daughter of more than eighty of their number. Ker of Ceisford purfuing
eagerly, was killed by a domeitic of Buccleugh-, which Daughter produced a
deadly feud of long duration between the families. The failure of this attempt
only lerved to animate Lennox to a new enterprife, for accomplifhing the
liberation of his matter. He forfook the court, united himfelf to Angus's
mod powerful and determined enemies, and formed an army of his own
dependents and theirs: but Angus having gained the Hamiltons to his fide,
by fharing, in fome degree, his power with them, again prevailed in this
ftrife-j--, wherein Lennox, a young man eminently amiable and popular, was Se t
defeated at Linlithgow, and flain in cold blood by Sir James Hamilton, a ui\y.
baftard fon of the earl of Arran.

The Douglafes and Hamiltons thus united and fuccefsful, made every thing
ply before them; and fhewed little moderation in purfuing their private
interefts and refentments. This violence in the adminiftration was accom- Ltt, y> p-4* 6 »

} Drummond calls this hill Haledon. It is commonly called Hieldun.

• It was the cuftom of the borderers, fays Lefly, to draw out their forces and fhew them to the
king.

f Angus was on this occafion alEf.ed by the Homes and Kers, who, as Drummond feems to fay,
were two thoufand in number. Drummond, p. 56..

panied

528

Henry VIH.
K. of England.

A. D. 1517.
June 7,

A. D. 1518.

Drummond,
p. 98.

Sept. 6.
Keith, p. 16.
Holingfhed.
Drummond,

Holingf. p. 316,
Diummoxid,

T H E BORDER-HISTORY OF

panied with many deeds of violence throughout the kingdom. To quell theft,
latter, the king marched with fix thopfand men to Jedburgh-, and loon after
his arrival, a genera! fubmiffion was made to him by all the border chieftains.
Examples were made of fome offenders ; but thofe who fobmitted were fpared,
on giving fecurity for their future good behaviour, by oaths and holiages.
Angus continued to hold the king in thraldom, until what had been enterpnfed
in vain by open force, was at laft effected by the furer methods of art and
fubtle contrivance; in which the archbifhop of St. Andrew's was the chief
director. The queen, as part of her dowry, held the cattle of Stirling; but
had no garrifon within it that could raifc the le3ft fufpicion. To that place
the king, having in the night eluded the vigilance of his guards, efcaped
from the palace of Falkland; and in coniequence of a previous corre-
fpondence or fpeedy intelligence, foon got fufneient numbers arround him, to
refill the power of Angus and his party. Angus, and the chiefs of his faction,
at firft made a motion towards Stirling ; but a proclamation being iffued, dif-
charging them from all their offices, and forbidding them to come nearer the
court than by a certain number of miles J, they thought it wifer to retire.
But Angus refufing to fubmit to a banifhment beyond the Spey, and his bro-
ther Sir George to enter himfclf a prifoner in the caftle of Edinburgh, they
were fummoned to a parliament, where not attending, they were condemned
and forfeited as tr-aitors ; the king having declared that they had detained him
involuntarily for more than two years ; during which time he had been in
continual fear and danger.

Angus, accompanied by his brother and uncle, and others of his kindred
and friends, and followed by a great number of his dependents, committed
many ravages on the perlons and poffelTions of his adveriaries. Simon
Panango, one of his principal retainers, held out the caftle of Tarnation
againft the king ; who, being furnifhed with artillery from the caftle of Dun-
bar, came againft it in perfon, but was obliged to raile the fiege. The earl
of Bothwell, the moll powerful chieftain in Lothian, refufed to accept the
command of the forces employed againft the Douglaffes. Arran and the
Hamiltons the king could not confide in, or did not chufe to employ ; ftill
refenting againft them the death of his favourite Lennox : but the fervice was
at laft undertaken by the earl of Argyle ; who received the commifficn of lord
lieutenant, and was chiefly afiifted by the lord Home. Thefe noblemen pro-
ceeded with lb much vigour and fucceis, that Angus, his brother and uncle,
and Drummond of Carnock their ally, being reduced to the laft extremities,
were obliged to feek refuge in England, where Henry gave them a hofpitable
reception *.

Such

J Lefly fays, four miles, p. 428. Godfcroft, p. iz.

* According to Godfcroft, while Tantallon was befieged, the carl was at Billy in the Mers
within his barony of Bunkle ; being ever unwilling to fhut himfelf up within walL however ftrong
(according to the maxim received from his predeceflors, better to hear the larkjing than the mouji
thetp). After the fiege of Taritallon was over, Buchanan relates, that it was refolved to itation a
company at Coidngham to defend the adjacent country from the incurfions and depredations of
Angus. Godfcroft fays that the old men alive in his time, who had been witnefl'es to thofe
tranfaitions and a&ors in them alarmed, that Argyle did nothing of moment againft Angus ; bat

that

ENGLAND AND SCOTLAND. 529

Such was the fituation of afTaits in Scotland when the term of the expiration ' ^ffuZ\

of the three years truce with England began to draw nigh. Henry being at i_ _! ',

that time in terms of perfect friendfhip with the king of France, and the 1
monarchs united in concerting and profecuting meafures for humbling the
Emperor; the change which had happened in Scotland, proved no obttacie to
the prolongation of the peace between that nation and England. In order Eo
negociate this, Henry had appointed his commiffioners on the fir ft day of
October ; but the confufions in Scotland probably occalioned the delay of the
nomination of James's commiffioners until the fourth of December. The Ryn.voi.riT.
perfons deputed from each nation having met at Berwick -f-, made a conven- u tc , „,
tion confiftmg of certain articles preliminary to the treaty which they afterwards
fubferibed. One object of this preliminary convention was, the redrefs or
many grievous wrongs and outrages, that had been committed fince the com-
mencement of the truce now expiring, by the inhabitants of Liddifdale againit
the fubjects of England, on the one fide ; and, on the other fide, by the in-
habitants of the Water of Levin, between that Water, Crifibp, and Liddal,
againit the fubjects of Scotland: the Englifh affirming, that no due reparation
had been made for the excefies of the men of Liddifdale, it was agreed, that
the wardens lieutenants of the middle marches of Scotland fliould meet the
warden or lieutenants of the weft and middle marches of England, before the
nth of January, at times and places accuftomed for fuch meetings, and that
mutual redrefs fliould be made of all injuries complained of on either fide : and
in cafe that, by the laid 1 ith of January, or in forty days next following, the
excefies of the Liddifdale men were not duly redreffed, it fliould be lawful for
the king of England, if he thought proper, to give letters of marque to his
oificers on the marches, authorizing them to invade the inhabitants of Liddif-
dale, and to commit all manner of hoftilities againit them, until full redrefs
and fatisfadtion were obtained £. But it was exprefsly provided, that the
Englifh fhould not befiege or take the caftle of Hermitage, or appropriate any
of the lands of the invaded country, to the ufe of their king, or receive to his
allegiance any of the inhabitants of the country who were Scottifh men born.
Thefe conditions being kept by the Englifh, it was declared to be unlawful to
the king of Scotland, his officers or fubjects, to give any manner of aid to*

that having come to Dunbar, fome advanced parties from his army were attacked at the Peafe*
and three or four fcore of them flain. He fays farther, that, according to the fame teftimony,
Angus was not driven out of Scotland; but left it at the king of England's defire, who wifhed
him to fhew this obedience to his own king ; and alfo caufed Angus to deliver up the caftle of
Tantallon. Godf. p. 259, 260.

■f The Scottifh commiffioners were, Sir William Scot of Belwery, Mafler Adam Otterburn of
Auldham, and Andrew Ker of Farniherft : thofe from England, Thomas Magnus archdeacon of
the Eaft-riding, Sir Anthony Uchtred captain of the town and caftle of Berwick, and Sir Thomas*
Tempeft.

J Thefe letters of marque are appointed by this convention, to be concluded and agreed in
manner and form following, that is to fay, " with power to invade the faid inhabitants of Liddif-
" dale, to their fiaughters, burning, heirfchip, robbing, reefing, defpoiling, and deftruclion,
•« and fo to continue the fame, at his grace's pleafure, to the time that the faid attempts, by the
M faid inhabitants of Liddifdale committed, be fully fatisfied, rtdrefled, and recompensed, in,
M form forefaid or otherwife."

Y y 7 the

£$0 THE BORDER-HISTORY OF

Henry yirr. tne inhabitants of Liddifdale when thus invaded ; on the contrary, they obliged
^_° -" b -' >n '. themfelves to aflift the Englifh in their enterprises, as contributing to the bene-
»5 l8 « fit of both realms. In the fame manner, if redrefs could not, in a peaceable
manner, be obtained for the injuries committed againft the Scots, by thofe
■who dwek on the Water of Levin ; it was agreed, that the king of Scotland
might proceed againft them by letters of marque, the like conditions being in
all points obftrved, as thofe on the part of the king of England, with regard
to the men of Liddifdale : and it was declared, that fuch invafions on the one
or other fide, fhould be of no effect to the violation or breaking of the truce
now agreed. The remainder of this convention reflected the earl of Angus,
his brother and uncle. In behalf of thefe, fince their forfeiture, the king of
England had, by feveral letters, folicited the favour and mercy of his nephew ;
and the Scoltifb. commiffioners now declared, that, if it pleafed the king of
England to continue fuch interceffions at the Scottifh court, they fhould be
taken in good part ; and farther, that if it happened, thac on the humble fuit
of the Douglaffes, the king fhould pleafe to reeeive them to his favour, this
favour fhould be extended to them in the moft ample manner, in confideration
of the requeft of his deareft uncle of England : but to fhew how little meaning
there was in this courtly article, it was immediately added, that if the king of
England fhould think proper to receive into his kingdom, Angus, his brother,
or uncle, at any time during the truce now agreed, the truce fhould not
thereby be in any wife violated or infringed : provided that the refugees fur-
rendered the caftle of Tantallon, and their other ftrong places, to their
fove reign : and that, if after fixing their refidence in England, they fhould
commit any violences in Scotland, and retire thence to England, fuch wrongs
fhould be redreffed, agreeably to the laws and order of the marches.
•Bee 14. By this preliminary convention, the principal difficulties obftructing the con-

tinuance of peace between the nations being obviated, a treaty was iubferibed
two days after; by which a truce was made for five years immediately follow-
lijm.ib. p. 578. ing its date. The articles of this truce were in all points the fame as thofe of the
preceding. The only difference was in the introduction ; which, after fetting
forth in ftrong terms the reafons and advantages of a perpetual peace between the
two nations, alleged the immaturity of years and underftanding on the part of the
king of Scotland, as a ground of delaying fo important a meafure, and of being
content for the prefent with a truce for the period above-mentioned.
a. v. 15*9. In the following fpring, the earl of Murray, baftard- brother of the king of
s»chan. . 14. Scotland, being made about that time lieutenant of his kingdom, met on the
marches with the earl of Northumberland, in order to the redrefs of wrongs
and outrages ; and in particular, as is probable, of thofe mentioned in the late
convention at Berwick. But fuch oppofition was made or difficulties raifed
by the offenders and their patrons, that at this meeting nothing of moment
was effected *. Hereupon the king of Scotland and his council refolved on
more vigorous meafures. A great affembly of the Scottifh nobles was held at

• Eucli.ir.nn fays, that treir conferences broke up by Murray's infilling, that the meetings for
redrefs, fhould be held in Scotland, agretab'y to what was fettled in the preceding reign, for ex-
piating the murder of Robert Ker, to which the- earl of Northumberland would not agree.

5 Edinburgh

ENGLAND AND SCOTLAND. 531

Edinburgh in May, wherein the king prefided. Before this affembly were JminV-.

tried and convicted by afl'rze, feveral of the border-chieftains, for excefles com- ^ n *\

mitted by their direction ; or on account of the protection they gave to the guilty. 1524:

The earl of Bothwell was forfeited and imprilbned in Edinburgh caftle-t-. The H ' l: ' '•

• P* "\ 1 1 *

lords Home and Maxwell, the lairds of Buccleugh, Farniherlt, and Pol- According to
warth, Johnfton, Mark Ker, and others, were alfo committed to cuftouy. By ^(h'ofjoqe!
authority of the fame affembly, William Cockburn of I Ienderland, and Adam 1. flyi \> *•>•■■>>
Scot of Tufhilaw, commonly called King of Thieves, were beheaded, and their 43 ' -
heads let over the public prifon of Edinburgh. But to give a blow to the
root of thofe enormities, the king undertook an expedition to thole parts of
the marches where they chiefly prevailed; chufing rather to execute juftice
againft his unruly iubjects by his own ftrength, than to leave this work ta
forces employed by the king of England. In this expedition he was accom-
panied by eight thouland men, who having marched with great celerity into
Eufdale, laid hold on many of the banditti in their faftneffes. Forty-eight of
which he caufed to be hanged on growing trees. Among thele was John Buchanw,
Armftrong, who had made himfelf lb formidable, that the inhabitants of the
neighbouring marches of England, to the diftance of feveral miles, are faid
to have paid him tribute. The king, after his return, difmiffed the border-
chieftains, whom he had left in cuftody •, obliging them to give hoftages for
their future good behaviour. Thefe vigorous meafures reftored quiet on the
borders, and were an early fpecimen of that attention and induftry for which
this king was always renowned, in hunting fuch offenders out of their retreats,
and bringing them to deferved punifhment J.

This year was remarkable, for the commencement of the king of England's
profecution of a divorce from his queen Catherine ; whom, by virtue of a
papal difpenfation, he had long ago married, after (he had been the wife of his
brother Arthur. The firft great conlequence of this profecution was the difgrace
of his favourite cardinal Wolfey, who had managed, with a very abfolute au-
thority, the king himfelf and all his affairs, for near twenty years •, but was at laft
driven out by the afcendant of Anne Boleyn, Henry's female favourite, whom *
Wolfey had offended, and whom the king defigned for partner of his bed. Henry
finding it impoffible to conciliate the Emperor to the project of divorcing his
aunt, and that, by the Emperor's fuperior influence at the court of Rome, all his
meafures to gain the Pope to his fide were thwarted, refolved to carry his point
by means fubject to his own direction. He obtained judgments from his par-
liament, clergy, and univerfities, againft the validity of his marriage with his
brother's widow j as a thing contrary to the divine law, and therefore not to

f He was afterwards fent into Murray-land, and lallly banifhed the realm during the king's life.
He chofe Venice for the place of his retreat. Venetias qyafi ad ip/um libertatis portum communequ*
exterorum afylumfe contulit, ubi tempus quo rex •vivebat in libera civitate feeure, ac ut nobilis opibut
effluent, fua<vijfime traduxerat. Leil. p. 43 l. But how can this be reconciled with the account in
jjouglas';. Peerage, p» 85. that Patrick third earl of Bothwell (fon of Adam who was killed at
Flodden) died an. 1 534, and that his fon Patrick fourth earl, got a charter in 1 5 37, under the great
feal, of the lands of Lochwarret, Park-hakra, &c. ? The time of the death gf this fourth earl, the
father of James, Mary's hufband, is not mentioned by Douglas.

{ It was faid of him, that he siade tbt rvjb bujb keep tit «w.

Y y y a b?

5g2 THE BORDER-HISTORY OF

Henry vin. be difpenfed with by the Fope •, and their judgments were corroborated by the'
K. of E ngland.^ pj n \ on f many foreign univerfities and learned men. In order to ftoft'
a, d. 1531. appeals to Rome, and to obviate the dangerous confequences of papal excom-
munications and interdicts, he obtained an aft of his clergy in convocation
acknowledging him as head of the Englifh church, and making a formal fub-
mifiion to him as invefted with that prerogative *. Thefe were the fteps that
Kov. 14. paved his way to what his heart was long fet upon, his marriage with Anne -
Boleyn, which gave the higheft provocation to the Emperor ; a confequence
fo agreeable to the king of France, that he inftigated Henry all he could to
conclude the match.

During thefe tranfacYions in England, all remained quiet on the fide of
Scotland f, until nigh the time of Henry's marriage with Anne. A little
before this marriage, there was an interview between Henry and Francis at
Oflober. Boulogne and Calais •, where they concerted meafures for their mutual defence
againft the Emperor and the Pope. The Scots, having about that time, com-
mitted fome outrages on the Engliih by fea and land, which were not redreffed,
Henry apprehending that his going out of his kingdom, might encourage
n v ... them to continue fuch excefTes, fent Sir Arthur Darcy £ to Berwick, with
foi. zia. three hundred tall men, for the defence of the Englifh marches. The Scots,

foon after Darcy's arrival, to fhow they were not afraid of him, made an
inroad by the middle marches, as far as Fowberry ; in which inroad they burnt
feveral villages. Not content with doing this mifchief, they boafted of it,
laying, that Darcy had brought them good fortune, and that he and Angus Jlept
well at Berwick. This provoked Darcy and the earl to make an incurfion from
Berwick with four hundred men, in which they fet fire to a village. Twice
the number of Scots foon afiembling, ths Englifh leaders ordered a retreat
to be founded. But Angus with twenty attendants making a ftand upon a
hill, and caufing a trumpet to be blown behind them •, the Scots thought there
were two bands of the Englifh, and thereupon turned their backs •, the Englifh
purfuing, flew feveral of them, and took many prifoners, who were brought
into Berwick on the 20th of October §. Henry being informed of the Em-
peror's treating with James to invade England, did the more readily liften to
Angus inftigating him to hoftilities againft Scotland. In confequence of which,

* This was confirmed by an aft of the parliament that met in November 1534.

•j- Lefly fays, that in 1531, the king of England perceiving his marches expofed to great danger
from irruplicSns of the Scots, on account of the Englifh marches being worfe inhabited than tkola
of Scotland ; propofed to his parliament (habita omnium ordinum condone egit fcrio) that a poll-tax
fhould be impofed to raife bulwarks to relift thefe incurnons. But the Englifh would by no means
fubmit to this taxation. Lefly, p. 435.

J Sir Arthur Datcy was the fecond fon of Thomas lord D'Arcy, which lord was long employed
on the marches in Henry VJI. and beginning of Henry Vlll.'s reign : he was captain tieafurer and
chamberlain of Berwick, and cuftbmer of the port. Dugd. vol. ii. p. 374.

Drummond fays, that Darcy, on being feat to the borJers. folicited the Scottifh court for the
relloration of the earl .of Angus ; but that thefe fuhcitatiorrs had no effeft, yea were fcorned.
Drum. p. 99.

§ Lefly fays, that in this incurfion of the Englifn, in which, according to him, they were routed
and driven back by the Scots to Berwick; the earl of Angus, being taken prifoner in the flight,
induced by fplendid promifes thofe who had taken him, to allow him to return into England ;
which coming to the ears of the king of Scotland, gave him great difoleafure. Lefly.

ENGLAND AND SCOTLAND.

533.

in the following fpring, the Berwick garrifon, joined by fome felect companies J imes v -
from Northumberland and Weftmorland, were led forth by Darcy into Scotland. ^ ofS ^ hm ^
They plundered and burnt Coldingham, Dunglafs, and other villages, and a. r>. i 533 .
ravaged the country towards Dunfe. Some fhips of war were alfo about the ?." ch " ,in -
fame time fent northwards by the king of England, to proteft the trade of his
fubjedls, and make reprifals for certain depredations committed at fea by the
Scots. Henry likewife about this time, published a manifefto, wherein, he
alleged, that the garrifon of Berwick had been provoked by fome infulting Buchan. i. ni
language of the Scotchmen. In this manifefto, he required the reftitution of
the poor little abbey of Cannaby, as having of old belonged to the Englifh,
and that the DouglafTes mould be reftored to their country and ancient in-
heritances.

It is likely that Angus had flattered himfelf, that the ftrait union between
France and England, prefented a favourable opportunity of effecting the-
reftitution of himfelf and his friends ; as Scotland on a breach with England,
could have no encouragement or help from their ancient allies. But James,
at all times, fhowed an infuperable averfion to the return of the DouglafTes.
The mercenary foldiers employed on the borders by the Englifh, being too'
numerous and powerful for the Scottifh borderers to contend with, it was re-
folved to divide the whole fighting men of Scotland into four parts, and that
each of thefe mould in their turn ferve forty days, in defence of the borders.
The direction of the whole was intrufted to the earl of Murray, who was D "umi^nd,
again created lieutenant of the kingdom. The confequence of thefe meafures,
was a continuation of hoftilities, and the deftruclion of various caftles and villages
in the neighbourhood of the marches*. But Henry's other arduous affairs-
rendering it highly inconvenient for him to engage in a ferious and continued war
with Scotland, he readily accepted the mediation of the king of France, for
compofing his differences with the Scottifh king.

Commiffioners for negociating a peace or truce, were nominated by both' R ym . vol. xl»,
kings about the middle of fummer-j-; and the place agreed on for their * % °> T 48l>
meeting was Newcaftle. But many difficulties arifing, the negociation was Hail. h. "

Vlll.

fpun out till the firft of October •, and hoftilities were ftill committed on the- ^Jj" 8 ' *'-ig
marches. At laft by the intervention of a French ambaflador J, who was fent Buchan. i. 14.'
over on purpofe, a truce was concluded for a year. This truce being declared Rym ' lb " 48 °'
in the tenor of the treaty, to be no more than a fimple ceiTation of hoftilities;

• Henry, having fent George Boleyne lord Rochefort, brother to his new queen, to acquaint
Francis with his marriage, did at the fame time inform him, how the Scots under the eail of
Murray had done fome hoflile acts in his kingdom ; wifhing him not to take it il!, if he revenged
himfelf on the Scots. Herbert. 161.

•f- The Scottifh commiffioners were, Sir James Col vile of Eaft-Weems, director of the Chancery,
Sir John Campbell of Lundy, and matter Adam Otteiburn of Auldham king's advocate. Their
commiffion was given at Air. Colvill and Otterburn were pnly prefent at Newcaflle. The Englifh
comm flioners were, Thomas Magnus archdeacon of the Eaft-Riding, Sir Thomas Clifford captain
of Berwick, Sir Ralph Allerker, and Sir Thomas Wharton, whole commiffion was da:ed the 14th
of June at Weftminlter. The treaty is in Englifh, containing only the two articles mentioned
above, and another general one.

\ Buchanan calls him Vtdo Floreus, (Floreus I fuppofe is Fleury.)

S3±

THE BORDERiHISTORY OF

p. 529.

ft. D
May 11

Buchan,

Hemy vm. it was agreed, that during its continuance, all lands, pofTeffions, dominions,
K^ot England^ &n( ^ g 00c j S) fhould remain in the hands of thofe who at prefent held them:
1533. Only thefe wrongs that had been committed fince the 2d day of the preceding
July *, together with thofe that fhould be committed during the prefent truce,
were appointed to be redrefTed, agreeably to the laws of the marches and
particularly in conformity to the treaty of truce and feparate convention, con-
cluded at Berwick in December 152S.

The mediation of the French king being ftill continued, and deriving
greater weight from the earneft defire entertained by the Scottifh king, of
obtaining Francis's eldeft daughter in marriage, a peace was concluded be-
p.^'g™ * tween Henry and James at London, in the following May-f; to continue during
a. 0. 1534. tne j i n t lives of the kings- and a year after the death of him who died firft.
In this treaty appear two new articles, that are to be explained from the cir-
cumftances of the times. The Emperor had threatened to invade England,
and was about the very time of this treaty endeavouring to negociate a mar-
riage between fome of the princeffes of his blood arid the king of Scotland,
whom he had likewife honoured with the order of the Golden Fleece. To
obviate the evils that might be apprehended from that fource, it was agreed,
that in cafe of the dominions of either prince being attacked or invaded by any
of whatever ftate or degree, the pretending to fupreme authority, either fpiritual
•or temporal, and however ftraitly connected by blood, affinity, or confederacy
with the other prince, that this prince fhould be in no way whatever affifting
to him ; and to the utmoft of his power, fhould hinder his fubjects from giving
aid to fuch aggreflbrs and invaders; but a provifo is immediately fubjoined,
declaring, that it is not meant by this treaty, or any of its articles, to derogate
from the ancient leagues and treaties which the prefent kings of Scotland and
England, or their progenitors, had contracted with the king of France, or
his anceftors. The other article, is contrived to difappoint the effect of papal
cenfures or difpenfations, which Henry at prefent had fo much caufe to dread.
It was therefore agreed, that neither of the princes fhould avail himfelf of any
fuch lentence, as a pretence for infringing any part of the prefent treaty ; but
that both of them fhould in the molt exprefs and public manner, within three
weeks after the date of this treaty, by their oaths and writings, difclaim the ufe
of all fuch exceptions or privileges, which their commiffioners at prefent did
in their names J. The reft of the articles of this treaty, relating to the order
to be kept on the marches, to the ftate of Berwick, and other points, ulually

* The redrefs of the wrongs committed before that date feems to have been referred to the two
kings. Hall. H. viii. fol. 218. Hoi. Hid. Sc. p. 318.

f The commiffioners who negociatcd this peace for fhe king of England were, Sir Thomas
Audely chancellor of England, (who fucceeded Sir Thomas More in 1532.) Thomas Cromwell
fecretary, F.dward Fox almoner, John Tiegnnwell privy counfellor, and Richard Givent principal
official in the court of Canterbury; and for the king of Scotland, William Stewart bifhopof Aber-
deen, tieafurer, and Sir Adam Otterburne of Reedhall.

t The commiffioners from each piihce had particular articles in their commiffions, impowering
them to make fuch renunciations.

fettled

ENGLAND AND SCOTLAND.

fettled by fuch conventions, are entirely the fame with thole in the truces of J ame »

537

1526 and 1528*. K^ofsco^

On the day after fubfcribing this treaty, the fame commissioners fubfcribed '5:4-
a feparate instrument, whereby the king of England engaged to reftore to his R J fm g vol - X17 '
beloved brother and nephew of Scotland, the houle or fortrefs of Eddrington -k
which the former had acquired in the late war ; declaring, that he made this
reftitution, as a proof of his gratitude, benevolence, and real friendfhip, to
the Scottish king. The poSTdfion of this place, with its lands and other ap-
pendages, as held before the war, is confirmed to the king of Scotland, and
its late owners his Subjects, free from moleftation and injury on the part of the
king of England, the vafials or Subjects of his kingdom, or the inhabitants of
the town and cattle of Berwick J. The other article of this convention §,
relates to the earl of Angus, his uncle, and brother. Thefe refugees the king
of England is allowed, during the prefent peace, (till to entertain in his king-
dom, as long as he pleafes, notwithstanding the articles of the treaty juft
concluded, as well as of former treaties, difallowing the reception or main-
tenance by either prince of traitors, rebels, or perfons, fulpetted of treafon
againft the other. But a provifo is added, appointing all wrongs committed
by thefe perfons, while holding their ordinary refidence in England, upon the
fubjects of Scotland, and within the marches of that kingdom, to be redreSTed-
according to the laws of the marches ||.

Henry, with the concurrence of a parliament that met this year in January, A ' D - »53S«
having entirely abolifhed the papal power and revenues in England, had reafon
to apprehend, that all the arts and influence of the Roman conclave would
every where be employed to diltrefs him. Having alio had Sufficient ex-

* In order to obtain all pofllble fecurity by this treaty, in fo critical a time ; the king of Scotland,
by the lad article, is obliged in fix days after demaod, made in name of the king of England by his
ambaftador, to confirm the treaty by an oith taken in the. prefence of a notary and witneiTes, and'
vouched by an inllrument fubfcribed by his hand, and confirmed by his great feal ; the king of Eng-
land being in the fame manner bound to give the like fecurity to the Scottiih king.

•f- Domum babitationemjivefortalitium de Eddrington.

% Per diBum illujlrijjimum regem Angliis, vajfalos Jive fubdkot regni Anglia, aut inhabit antes
'villam y cajirum Beraoiei quojcunque. This favours the idea, fuggelled by the whole feries of
treaties concluded, fince the recovery of Berwick by the Englifh, in the end of the reio-n of"
Edward IV. that Berwick was not considered as a part of the realm of England.

§ Angus, is in this convention, called Archbifhop, formerly (ohm) earl of Angus. Thus a rebel
and exile gradually lofes his importance ; and thus even the haughty Henry was obliged, by a
change of times, to change his ilyle.

To the article in the treaty, figncd the day before, which relates to this fubjeft, an exception is
added, which allows the ptovifion made in favour of the Douglafies by this feparate inflrument.

|| James fwore to the observation of this treaty, and to take no advantage of any difpenfation or
other pretext for the breaking it, on the lall day of June in the chapel of St. Andrew within the
monaftery of Holyrood-houfe, in the prefence of Hugh, prior of the monaftery at Durham,
Thomas Magnus archdeacon of the monaftery at York, and William Franklin archdeacon of
Du'ham, ambafTadors from the king of England, and feveral of his own prelates and nobles.
He alio fubfcribed before the lame perfons as witneiTe?, a written inllrument containing his ratifica-
tion and oath ; all which was attefted by tv\o Scottiih and two Englifh notaries. At the fame time,
he ratified the feparate convention of the 12th of May. Six days after, he gave a commiffion to
Robert abbot of Kinlofs, to receive from the king of England the like Securities. Rym. vol. xiv.

perience

5i b

Henry VIIT.
K. of EnslanJ.

'535-
H«ii^ft,p. 175,

lS|.

Such man.

A. D. 1536.

A.v.

Jan.

1537.
I.

THE BORDER-HISTORY OT

perience of the fragility of the bonds of .public treaties, though confirmed bf
all the moft facred folemnities •, he was at great pains to conciliate the friend-
fhip of his nephew, and to inipire him with the fame ientimems, which he
himfelf had adopted, with regard to the papal ufurpations. For this purpofe,
lie employed at the court of Scotland lord William Howard, and others, both
during the time that the prefent treaty was negociating, and in the following
ilimmer. As a mark of fiiendfhip, he, conferred on James she order of the
Garter. He alio earneftly foliated a perfonal interview -with him, but while
Henry propoled that this fhould be held at York, James and his council
thought Newcaftle a more proper place, and afterwards propoled that the two
kings mould meet in France, in preience of their common friend the French
king. It is alio laid that Henry offered to James, that if he would enter into
an entire and hearty union with him, againft Rome and his other adverfaries,
he would create him duke of York, and declare him heir of all his dominions.
But the influence of all thefe foothing overtures, was defeated by the arts of
James's clergy ; who had the chief management of his affairs, and having
their all at flake, employed the joint power of their perfuafions and purfes, to
fix him in their own interefts.

James being the only remaining male in the direcl line of the royal race,
was very intent on finding a wife. He had been for this purpofe, negociating
for fome time in France, but wearied out with the flow proceedings of his
minifters, he refolved to make a vifit to that kingdom, in oruer to conclude fo
interefling an affair by his own judgment and choice. In this expedition, he
was fo fuccefsful as to obtain in marriage Magdalen, the eldeft daughter of
the French king, whom after having fecn, he preferred to another lady of the
royal race, who had been propoled to him by Francis. So intimate a con-
nexion with France was not agreeable to the king of England ■> yet for the
prefent, as Henry was in very good underftanding with Francis, it difpoled
James to cultivate peace with England. And this pacific difpofition, together
with the circumfcance of his being abfent in France, was particularly happy
for England at the prefent juncture. For the diffolution made by Henry of
the fmaller Englifh monafteries and difperfion of their inhabitants, all zealous
friends of the Pope, had excited iniurre&ions, firft in Lincolnfhire, and
afterwards in Yorklhire *, and the adjacent northern counties, which would
have been much more formidable, if they had been fupported by aids from
Scotland.

The death of the divorced queen Catherine, in the beginning of 1536, and
the execution of Anne Boleyn in the following May, had removed the capital
grounds of diffenfion between the Emperor and Henry. Some intercourfe

•* That in Yorkfhire was called the pilgrimage of grace, Sir Thomas Percy, younger brother of
the earl of Northumberland, was engaged in it; and being attainted for rebellion was hanged at
Tyburn. His brother, the earl, dying foon after, to whom Sir Thomas would have been heir,
gave aivay a great part of bis land to the king and others. (So Dugd. vol. i. p. 283.) By reafon
of all which, cue title of this earloom continued dormant, until queen Maty revived it to Thomas
Percy, fon of the faid Sir Thomas. (Dugd. ib. Herbert, p. 212. Stowe, p. 574.) The caflles
«>f Alnwick and Warkworth, were during that time, in pofltffion of the king.

was

ENGLAND AND SCOTLAND. 537

was foon reftored betwixt them-, a new war alfo arofe between Charles and the Jam" v.

king of France -, and not long after, the fucceflion to the crown of England ^JL-^LHj

was rendered clear, by Jane Seymour's bearing Henry a fon. Thefe circum- isj7, oft. 1*.

fiances, joined to the entire and eafy quelling of the late infurreclions in the

north, rendered Henry fo fecure at home, that he proceeded to give the laft

blow to the pillars of the papal power, by diflfolving the larger monafteries,

feizing their wealth, and dettroying all the implements of their fuperftition. The * 53? ' ,539 '

Pope, no longer able to bear fuch outrages, iffued his bull of excommunication 1538, Dec. 13.

and interdict againft Henry, which was publiflied by his agents in feveral

public places of France, Flanders, and Scotland.

The king of Scotland, by this time, had brought home his fecond wife,
Mary of Lorrain; a match ftill more difpleafing to his uncle than the former,
as Henry had fought this lady, though too late, for a confort to himfelf. Soon
after Henry's jealoufy was excited by an interview between the emperor lSi $ t j u i y , 4i
Charles and Francis on the coaft of Provence ; and his apprehenfions from
the union of thefe mighty powers, were farther increafed, bythevifit that
Charles made to Francis in the capital of the latter, in paffing through France
from Spain to Flanders, to quell an infurreclion at Ghent. The confequence Herbert,
of thefe apprehenfions was, Henry's courting the alliance of the proteftant
powers in Germany, and his comfortlefs marriage with his fourth wife Anne
of Cleves *. About the fame time he fent Sir Ralph Sadler to the king of a.d. 1544.
Scotland -j-; who carried with him a prefent of horfes, accompanied with Herbert, p. zoe,
great profeffions of friendfhip, and with informations, admonitions, and pro-
mifes, expreffive of this friendfhip, and tending to procure fuitable returns
from his nephew. James, in anfwer to all thefe, declared, in the ftrongeft
manner, his gratitude, affection, and fidelity, to his uncle; and the good
order which he at that time caufed to be kept on the borders, agreed with
thefe profeffions. But when Sadler propofed an interview between the two
kings, James evaded the motion, by propofing that the French king fhould
alfo be prefent ; nor could Sadler fucceed in endeavouring to give James a
bad imprefilon of cardinal Beaton and the reft of the Scottifh clergy, which
was a principal part of his errand £. Henry, in this uncertain fituation,
while he was fortifying various places on the coaft of England againft the
apprehended invafion from the Emperor and France, beftowed alfo fome care
on the fide of Scotland, to repair the decayed fortifications, and to make
other neceffary provifions for the fecurity of the borders. James, on the other

* One quality of Anne, that recommended her to Henry, was her fize ; being large, which
fuited his own, as he was now grown corpulent.

f Sadler had been employed in Scotland before, in 1537, about the time that James returned
•from France with his firll wife, Magdalen.

X For this purpofe Sadler carried with him a letter of the cardinal to his agent at Rome ; part of
it dated from Kelfo, 16th Nov. 1 539 ; by which Henry thought Beaton was convidkd of an intention
to exalt his ecclefiaftical authority above the royal power of his mafler. Henry pretended, that this
letter had been accidentally left by a fervant of the cardinal, who was driven on more by a tempelf,
on the north of England : but as Sir Ralph Sadler was on his way to Scotland, he was informed by
John Horfley, captain of Bamburgh, that he (Horfley) had taken the pacquet containing this letter,
by force, from Brunflon the cardinal's agent.

Z z z hand,

53 8 THE BORDER-HISTORY OF

Hfnryvm. hand, equipped a fleet of fifteen fhips, and kept in readinefs two thoufancE
•l1° - "--""_'■' men ' ms c ' er §y furnifhing him with money, and thereby in fome degree
1540. verifying what he had told Sadler, when admonifhing him, in his mailer's
Sadler's letters, name, to improve his revenue by diffolving the religious houfes •, that he
p- 39- 58. needed not, as the clergy were ready to furnifh him whatever fums he might

demand *.
Herbert. Henrv, not omitting the neceffary precautions for defence, did fo inter-

^fto'in'n'an'aiid single them with frequent and kind meffages to his nephew, that quiet was
HoiingfteH. ftill preferved on the fide of Scotland. At laft he obtained the confent of
a. d. 1541. j ames t an interview at York, and having ordered great preparations for his.
reception, made a progrefs to that city, in the expectation of meeting him.
But James broke the appointment ; and while his uncle remained at York,
fome of the Scottifh borderers made an inroad into England. This ufage
irritated Henry extremely -, and he returned to his capital, fully refolved on a
war againft Scotland ; in order to avenge hifnfelf of the affront he had received,
and to force the Scottifh king to a compliance with an his mealures. On the
other hand, James, though hindered by the influence of his clergy and of
France from holding a perfonal interview with Henry, was yet at much pains
to prevent, or at leaft to delay, an open breach with him. For this purpofe
he fent ambaffadors into England, who apologized in the bed manner they
were able for their mafter's conduct, and at the fame time were moft profufe
in the exprelfions of affection and efteem which he bore to his uncle -f-. Henry
was perluaded by their importunities to fend commiffioners to meet on the
borders with others from Scotland, in order to fettle fome difputes that had
A, D. i54z. arifen about the limits of certain grounds there. Thefe commiffioners could
not agree about a piece of land of fmall value, which the Scots had feized, and.
the commiffioners of th.it nation refufed to reftore ; on pretence that the evi-
dences adduced of its belonging to England had been forged by Englifhmen :.
while the Englifh commiffioners did, on the other hand, allege, that, the
writing was fo ancient, and the value of the land in qucftion fo fmall, as to
remove all fufpicion of fraud. But, although the commiffioners could not
fettle this point, they feparated in a friendly manner;, each fide iffuing the
accuftomed orders for preferving peace on the borders J.
July 4, This meeting was held on the marches in the beginning of fummer, and

was foon followed by an inroad of the Scottifh borderers into England, wherein,
all kinds of hoftilities were committed. Henry, alfo, about this time, lent. a.
body of forces to defend his border againft thofe attacks, and to repay them

* James's clergy, in acknowledgment of his zeal in fupporting the catholic faith, and oppofing
the entrance of Luther's herefy into his kingdom, made a fettlement of a certain fum upon him for
certain years ; of which donation James folicits a confirmation from the Pope, who fcrupled to grant
it. The king's letter is from Stirling, 12th April, 154.1.

■f Henry's manileflo fays, that thefe anibafiadors, who came to the Englilh court about Chriftmas,
gave good ivords, fiueet -words, pkafant -words.

% Lord Maxwell, warden of the well march, according to the manifello, iffued fuch orders ;
but at the fame time warned the Scattilh bordeiers, to withdraw their goods from the Englilh
border.

ENGLAND AND SCOTLAND.

in kind. Mean while the king of Scotland defifled not from his endeavours to
pacify his uncle. Sir James Learmonth, the mailer of his houfehold, was
lent to the court of England, with new apologies and offers of redrefs for paft
excefies. While Learmonth was thus negociating, Sir Robert Bowes, captain
of Norham caftle and warden of the eaft marches, having collected a body
of three thou land horfe, and being accompanied by the earl of Angus, the
earl's brother Sir George, and others of that kindred, entered Scotland over,
the dry marches, in the eallern corner of Tiviotdale, purpofing to adva.nce
towards Jedburgh, and deftroy the country in their way. But they had icarce
pafied the march, when they were met on Hadden-Rigg, by George Gordon
earl of Huntley, to whom the king of Scotland had intrufted the defence of
thefe borders. A fierce encounter enfued •, which was determined in favour of
the Scots, by the timely arrival of lord Home * at the head of four hundred
lances. The Englifh were put to the rout-, their leader Bowes, his brother
Richard, Sir William Mowbray, and others, to the, number of fix hundred,
being taken prifoners -f-.

The king of England had been more fuccefsful at fea, his mips of war
having taken twenty-eight veflels belonging to the Scots. But no profpecT:
appearing of bringing his nephew to the terms he defired, he at laft gave
orders to affemble an army of twenty thoufand men at York J •, conferring the
command of it on the duke of Norfolk, who was accompanied in the expe-
dition by many of the Englifh nobility and courtiers §. James, ftill defirous
to avoid, or rather to delay the extremity of an open war, fent ambafladors to
York [| ; with whom Henry was prevailed upon to appoint the duke of Nor-
folk, and fome of the great men who accompanied him, to enter into a treaty.
Here the Scottifh ambafladors made a propofal of an interview between the
kings ; which having been for a long time the favourite object of Henry,
feems to have been greedily liftened to. But the propofal of place **, to which
Henry could not agree, and certain defects in the commifiions and inftructions
of the Scottifh ambafladors, the rectifying of which gave occafion to reiterated
meflages to the court of Scotland, made it evident that the view of thefe
tranfa&ions, on the part of the Scots, was only to gain time. Hereupon
Henry fent the laft orders to his army to advance into Scotland. He alfo

Jarc'S V.
It. of Scotland.

V - ,, . I

'54*.

Drummond.

Aug. »4.

Herbert.

Hall.

Holingfhed,

* Buchanan fays, that lord Home, with four hundred horfemen, firft encountered the Englifh ;
who feil into diforder, and fled, on perceiving the earl of Huntley advancing to the affiltance of his
countrymen. James was fo much plea'.ed with this advantage, that he made aprefent of the lands
of Hirlel to Sir Andrew Ker of Litdedean, for bringing him the firft news of it. Home of
Godfcrofr.

\ Henry complains in his munifefto, that the Scots refufed to difmifs thefe prifoners for ranfom ;
which, he fays, was contrary to the ulage and cuftom of the borders, in the trme either of peace
or war.

% To defray trie expence of this armament, he raifed confiderabie fums by a loan. Carte,
vol. iii. p. 1 66.

§ Thefe were, the earls of Shrewfhurv, Derby, Cumberland, Surrey, Hertford, Angus, Rut-
land, and the lords of the northern counties. Sir Anthony Crown mailer of the horfe, and Sir Jiha
Gage comptroller of the king's houfehold.

|j James's ambafladors fent to York were, the lord Erfkine, and others.

"• Perhaps Newcallle. No place is mentioned in the manifefto.

Z z z 2 publifhed

$4°

Henry VIII.
K. of" England.

1542.

Herbert, p. 423,

Hall.

tfolio£fhc<!.

Buchan, I. 14.
Dr»mmond.

THE BORDER-HISTORY OF

publifhed a manifefto, declaring the grounds of the war •, which are in fubftance,
the injuries and affronts received in the inftances above-recited, by himfelf and
his fubjects, from the king and fubjects of Scotland ; to which it is alio added,
that the Scots, contrary to treaty, entertained in their country certain rebels
who had been engaged in the late infurrections in England. This manifefto
alfo afferts the fuperiority of the kings of England over the kingdom of
Scotland, and gives a long deduction of the fame fort of proofs by which
Edward I. and ibme of his fucceiTors, endeavoured to fupport this claim.
Bu\ r - Henry declares, that it was no part of the purpofe of the prefent war, to
extort from his nephew the acknowledgment of this fuperiority ; it being ftill
his reiblu'rion to maintain that moderation and natural affection which had
hindered hiiTi from availing himfelf of the victory at Flodden, in James's
minority, and the inteftine divifions of his kingdom ; all which had afforded
the moft favourable opportunities of gratifying his ambitious views on the fide
of Scotland, had anyiuch views been ever entertained by him.

Whatever (hare is to LT- afcribed to the artful management of the Scottifh
king, in delaying the approach of the Englifh army, it is certain the duke of
Norfolk did not enter Scotland until the 21ft of October. Norfolk is faid to
have obliged Learmonth, and i"he other Scottifh ambaffadors, to accompany
him in his march as far as Berwick"; that they might not give intelligence of
his proceedings to his mafter. James, however, having received certain in-
formation that the Englifh were advancing, augmented the body that Huntley
commanded to ten thoufand men; a reinforcement being fent for that purpofe,
under the lords Home, Seaton, and Erfkine. This little army watched, at a
convenient diftance, the motions of the Englifh up the fide of the Tweed, and
hindered their fpreading far into the country. Norfolk's army advanced a few
miles above Kelfo, and burnt in its progrefs feveral places near the Tweed *,
the moft confiderable of which was Kelfo itfelf and the abbey. While the
duke was at Farnton, the fourth day after his entering Scotland, the bifhop
of Orkney and James Learmonth, being fent from the king of Scotland, had
a conference with him near his camp, in order to the reitoring of pe^ce, but
without effect: and Norfolk, having no profpect of bringing matters to
the decifion of a battle, and finding his army beginning to be diftreffed fry
fcarcity of provifions and the rigour of the feafon, led it back to Berwick, ' after
having been only eight days on Scottifh ground.

Mean while the king of Scotland having
intended to direct his march towards Edinburgh, drew together an army of
thirty thoufand men on the Fala-moor, fituated on the road between Edin-
burgh and Kelfo, at the diftance of about twenty computed miles from the
border. But before he had completed the neceffary provifion of ftores and
implements of war, he learned Norfolk had left Scotland and retired to Ber-

• The towns and villages burnt by the Englifh army, according to Hail, were the following :
Paxton, Ramrigg, Stein, Graden, Sheils, Lang Ednim, Newtown, Stitchel, Nenthorn, Small-
holmfpittle, the two Muirdeans, Slederick, the two Broxlaws, Floors, and the Fair Croft, Ednem-
fpittal, Roxburgh, Kelfo, and the abbey, Long Sprowflown, Ryden, and Haddenfton. Abbeys
were not now accounted facred by the Englifh.

wick,

received intelligence that Norfolk

ENGLAND AND SCOTLAND.

541

wick. His next object was to proceed with his army into England, and to J>™ v.
take revenge fur the deftruction that the Englifh had committed on the Scot- ■ ' ° f s '°' hp i, f

tifh borders : but having propofed this to the nobles and chieftains of his 1512.
camp, they almoll unanimoufly refufed to accompany him farther. They
alleged the rigour of the feafon, fcarcity of provifions, the honour already
acquired, by the retreat of fo formidable an army of his enemies into their
own country upon his approaching towards them, and their own anxiety for
the king's perfon, who had at that time no children alive. But the genuine
motive of this obltinate refufal was their diffatisfaction with the king's meafures
and minifters. He had made great efforts to defend his royal prerogatives and
revenues, againft the encroachments of his nobles : he had feverely punifhed
the enormities of many of them, particularly of the border-chieftains, by im-
prifonment, fines, and exile *. The family of Angus, to whom the king was
implacable, had many friends in the kingdom •, a confiderable number alfo
fecretly favoured the reformation of religion, and of confequence were enemies
to the clergy : and the attendant which men of that order and their depend-
ents had over the king, was extremely provoking to the lay-lords. When
the Scottifh nobles were in this temper, the beft opportunity they could have
of gratifying it, was when attending their fovereign in his camp at the head of
their vaffals •, who were much more the foldiers and fubjects of their feveral
chieftains than of the king. It was even faid that they had entered into a plot
to re act the proceedings at Lauder, in the time of James III. againft the
king's favourites; and that the king, alarmed at the meafures prepared for
their deftruction, fent them from the camp to Edinburgh. Thither he foon
followed in perfon, after having difmiffed his army ; and vented his difplea-
fure in many grievous complaints and vain menaces againft his undutiful
nobles.

In order to allay the intolerable chagrin that preyed on the unhappy Drummond.
monarch, ic was foon after refolved, in a council of his favourites, to make an Buchwian '
inroad into England by the weft-marches ; the conduct whereof was under-
taken by the lord Maxwell. Ten thouland men were deftined for this fervice,
who were called together in the molt fecret manner : and farther to conceal
the project, cardinal Beaton and the earl of Arran railed men in the ufual
public methods, and iffued orders for their moving towards the eaftern march.
The king fent the greateft part of his domeftics to join in the inroad ; and
awaited the iffue of it in perfon himfelf at a cattle not far from the weftern
border -f. According to the Scottith writers, the fuccefs of this enterprife,
which was very promilins, as the Englifh were wholly unprepared on that fide,
was defeated by the king's immoderate affection for Oliver Sinclair. He had
appointed this minion J lieutenant-general of his army; and his commiffion

* See above, p. 530. The Icing, alfo, after returning from a voyage he made round his king-
dom, having found that levera! of the border-chieftains, during his abfcnce, had been guilty of
enormities, committed them to prifon, and obliged them, before they were reftored, to find fecurity
for their future good behaviour. Drummond.

f Carlaverock, about twelve miles irom the border.

X The Englifh writers, in the lift of the Scottifh prifoners taken on this occafion, call Oliver the
king's minion.

being

542 THE BORDER- HISTORY OF

Henry viu. being produced at the critical moment of an appearance of a body of the
I enemy, and Sinclair himielf being elevated on two pikes to fhow him to the

i;4».

forces as their leader, a general murmur and breach of all order immediately
Kov. 24. en fued. The ferment was perceived by an inconfiderable number of Englifh
cavalry, drawn up in good order upon a neighbouring eminence, under the
command of Dacres and Mufgrave, who, matching the opportunity, made a
brifk attack upon|the already broken Scots, who fell, as was natural to expect,
an eafy and almoit defencelefs prey to the Englifh. Upwards of a thoufand
prifoners were taken, and among thofe not a few of the nobility ; fome of
whom chofe captivity in England, rather than, by t-i-caping to their own
country, to expole themfelves to the vengeance of their incenfed fovereign *.
This miferable defeat, afcribed wholly by James to the perfidy and malig-
nity of his nobles, joined to their late behaviour at Fala-moor, gave the poor
prince fuch exquifite anguifh and vexation of mind, as quite overftrained his
t> c . ,,. bodily frame, though naturally full of vigour, and then in the flower of life f.
Tp. RR. Sc. He died broken-hearted nineteen days after; leaving, as the heir of his king-
prteihL'date.' dom, his daughter Mary, an infant of a week old |.

Mary, This unexpected revolution in Scotland, produced an immediate change in

q_ of Scotland. t h e views and conduct of Henry with regard to that kingdom. He relblved
to embrace the favourable opportunity offered to him, of extinguifhing the
inveterate ftrifes of the two nations, and of uniting them under one head ; by
contracting a marriage between the infant queen of Scotland, and his fon and
heir Edward, a boy at that time about five years old. For effectuating this

• The Scott'fh nobles made prifoners at this rout, were, the earls of Caffils and Glencairn, the
lords Somervell, Maxwell, Gray, Oliphant, and Fleming. Of noble families, were, Robert
Erfkine, fon and heir to lord Erfkine, Henry Maxwell brother to lord Maxwell, and John Lcfly
younger, fon to the earl of Rothes. Gentlemen near the ealt borders were, George Home lord of
Ayton, ranlbmed for 200 1 fterlino;, and James Pringle (no title given hiai) for 400 merks flerling.
Betides thefe, there were one hundred and fifty others, whofe ranfom was fettled by the commit",
fioners employed to negociate the peace.

f The Engl ill writers fay, that his diltrefs was increafed by hearing of the murder of an Englifh
herald (Somerfet) at Dunbar, by one Leech an Englishman, who had been engaged in the Lincoln-
shire rebellion in 1536, and had taken refuge in Scotland.

X James, the year before he died, folicited and obtained from the Pope, the monaftery of

Melros, in addition to that of Kelfo, to be given in commendam to his natural fon James,, and thac

of Coldingham to his natural fon John. Way was made for thefe commendams, by the refignation

(a> Andrew was c f tne former incumbents, Andrew (a) of Melros and Adam of Coldingham, who were piovided

made bifliop of i n other benefices. In order to augment the revenues of thefe monalteries, the king propofed,

h^d'ito'o'meiks that tne Po P e ibould impower the adminillratois for h,s fons, who were both boys, to let the tithes

annual penfion belonging to thefe monalleries for nineteen )ear?, and their lands either in leafes of that extent, or

out of Melros in perpetual feu<. Writing to one of the cardinals, James defcribes them as fmall monafteiies,

revenues. Adam (Mcnajleriola) fituated on the borders of the kingdom, adjacent to ibme of the fbongelt places of

was made abbot t(le £ n g]jf} N r rom w hi c h incurfiors ufed to be made into the Scottifh borders, and where heretical

ot unoiennan. f eriT ons being frequently preached, the contagbn of thefe, by the famenefs of the language, was

eafily fprend. For checking both which evil:-, the king demanded thefe monafleries to be en-

trulted to his natural fons. The governor Arran afked the revenues of them to be employed for

the fervice of the public, and particularly for the defence of the kingdom againft the Englifh, ar.d

that for that end he might have the adrointliration of them, until the majority of the royal boys;

all needful expences being firft allowed out of them, for the fupport of the boys, and other

neceffary burdens. Ep. RK. Sc. vol. ii. p. 115. tiS. 158. 174.

project,

ENGLAND AND SCOTLAND. 543

project, he endeavoured, by kind and generous treatment - , to gain to his M,r y>
intereft the Scottifh nobles who had been made prifoners at the late rout near r*° 3 C0 ^_ in j
Solway, and had been conduced thence to London. After having engaged *, isi*.
in the moft folemn manner, to employ their intereft and endeavours to re-
eftablifh peace and promote the intended marriage, they were allowed to let
out from London, in their return towards Scotland, on the tirtt day of the
year; at Neweaflle, they delivered to the duke of Suffolk, lieutenant of the a, n. 154.3,
north, hoftages for fecuring their return, in cafe of their failing to accomplifh
what they had undertaken ; and fo proceeded towards Edinburgh, where they
arrived about the middle of January. The earl of Angus and his brother ac-
companied them ; availing themfelves of the prefent opportunity afforded
them, by the feeble and unfettlcd ftate of their country, of returning to it,
after an exile of more than fourteen years -j-.

An impotent effort of Cardinal Beaton archbifhop of St. Andrews, to feize Sadler's Utter^
into his own hands the reins of government, having failed, the regency of the p " ' *
kingdom and keeping of the infant queen, agreeably to the laws and cuftom.
of the nation, and w,th the confent of the greateft part of the nobility, was
affumed by James Hamilton earl of Arran, preemptive heir of the crown.
To him the lords who returned from their captivity in England applied, in
the name of the Englifh monarch and their own, for his concurrence in the
propoled treaty of peace and marriage. Arran, who favoured a reformation in
religion, and flood in need of the help of Henry, and of the lords juft
mentioned, to lupport bimfelf againft the cardinal, the queen-dowager, the
clergy, and others of the French faction, readily entered into meafures for
promoting Henry's views J. A fafe-conduct, which Henry had offered to
ambaffadors to be lent from Scotland, to negociate the peace and marriage,
was immediately applied for. A parliament was alfo affembled in March ;
which approved of Henry's overtures, and authorifed and inftructed ambaffa-
dors appointed to go into England to treat of them §. The fame parliament

recos;nifed

• Some of t'nem (fays Keith) entered very cordially into his rr.eafares, promifmg upon oach, and
bindii g the afelves to labour all th.v could, not only to bing about the propofed match, but l.ke-
wife to bring the y.oung queen immediately into England, and to get the government of the king-
dom of Scotland devolved upon his majefty, and the ftrong holds thereof put into his hands. Keith,
p. 26.

f Patrick earl of Bothwell alfo embraced the fame opportunity of returning from his exile. He
had been long at Venice. But from the abfolution of that earl in November 17, 1544, from a
charge of trealVn railed againit him, it appears, he mull have returned to Britain before the king's
death; for he is accufed of treating in England with Henry and his counfellors, and receiving
money from them in January 11:4.2, and in the December precedin.% Ap. Ep. RR. Sc. p. 326.

J Arran, foon after his acceflion to the government, fet free Sir Robert Bowes, and the other
Englifli prifoners, upon thetr bonds, according to the cullom of the marches. Holing. Eng.
Chron. p. 959. But this frems not to be confident with the convention in the next page.

§ Thefe were, Sir James Learmont of Balcomy, Sir William Hamilton of Sanquhar, and Mr.
Henry Balnaves of Hall-hill, fecretary of ftate.

An abllir.ence or truce was alfo about this time concluded with England. It is not publilhed by
Rymer, but often mentioned in Sadler's Letters. Jn the beginning of June, it was prorogued by
proclamations of the governments of each nation till the lft of July. By another proclamation,
it was continued till the lft of Auguit. Sadler's Letters, p. 244. 257. Z77. This ablb'nence or

truce

544

THE BORDER-HISTORY OF

Hemy vw. recognifed Arran's title to the crown after the infant queen, confirmed him
\ll. v " 63 " '' in his high office, and fettled his council and the attendants of the queen.
3543. They alio reverfed the forfeiture of the earl of Angus and his brother Sir
George.

Henry, knowing how little he could rely on the authority, abilities, or
refoluuon of Arran, and well acquainted with the power of the clergy and
French faction in Scotland, had formed a fcheme of having the young queen
and fome of the chief forts of the kingdom, together with the principal ad-
mi nittration of its government, put into his own hands. The Scottifh lords
Sadler's Letters, G f his party had engaged to fecond him in the profecution of thefe views: but
March 18. Sadler his ambaffador, who arrived in Scotland juft after the rifing of the
parliament, foon difcovered how impoilible it was to accomplifh his mailer's
project. The cardinal, who had been committed to cuftody, had loon the
addrefs, by impofing on the governor, and by bribing lord ieton who had
him in cuftody, to regain his liberty. The party of that artful and ambitious
prelate, had the national prejudices againft England on their fide *, and cul-
tivated this advantage with great fuccefs. The clergy contributed their money,
and founded the alarm of the danger of falling under the dominion of an
heretic. The king of France, with whom Henry, who had joined the
Emperor, was at open enmity, fent over, at the cardinal's requeft, the young
April, earl of Lennox, the governor's deadly adverfary -f-, with promifes of all
manner of fuccours againll England, and an offer of renewing the ancient
league between France and Scotland. But until the expected aids from
France arrived £, the cardinal and his party gave fair words in regard to the
transactions with England ; and Henry, willing to prevent or delay an open
June 7. breach, nominated commiffioners to treat with the Scottifh ambafTadors, who
foon concluded with them a treaty of peace, and another of marriage, on fuch
J uIy *' conditions as could be obtained §.

truce was ill obferved by the earl of Botliwell, who had the rule of Liddifdale. Sadler fays, " I
«' think him the moft vain and infolent man in the world, full of pride and folly, and here I allure
" you, nothing at all efteemed." S.idler, p. 224.

* Thefe prejudices grew fo ftrong, that Sadler was perfuaded, that if the lords in Henry's party
fhould declare themielves openly for England, and unite their forces with the Englifh; they would
be deferted by their own relations and fervants. .

■f Lennox was at that time ferving in Francis's army in Italy.

j A French fleet of iixteen (hips was on the Scottifh coaft off Aberdeen and Arbroath, in the end
of June and beginning of July, fufpeiled of bringing men, money, and .arms, for the ufe of their
party. Sadler, p. 279. 282. They were, on their way homewards, attacked by fix Englifh (hips on
the coaft of England; two of them were taken, and eleven of them retired for ihelter into the
Frith of Forth, lb. 298.

§ To the Scottifh ambafTadors firft fent, were afterwards added, by the authority of a convention
at Edinburgh in the eu/1 of April, where the chief noblemen of each party were prefent, the earl
of Glencairn and Sir George Douglas. Their joint commiflion to thefe ambafTadors for negociating
the peace and marriage, in name of the queen and governor, is dated May 4th. The Englifh com-
miffioners were, the lord Audley chancellor, the duke of Norfolk treafurer, Stephen bifhop of
Winchefler, and Thomas of Weflminiler, William lord St. John chamberlain, and Sir John Gage
comptroller of the king's houfehold. Henry affumes in the treaty his favourite title, of Supreme
head on earth of the church of England and Ireland. Sir George Douglas came from London with
a draught of the treaty, which was laid before a convention of Scottifh lords held at Edinburgh
on June 6tb, and agreed to by them with a few alterations. Sadler, p. 260. 265.

ENGLAND AND SCOTLAND. 545

In the former of thefe treaties, the article by which each nation is reftraincd
from giving any manner of' aid to the invaders of the other, is exprefled in *'" i

the fame ltrong terms, as in the lalt treaty of 1534; but the provifo, re- «5«-'
fpecting the ancient league with France, is not added, as not agreeing with ? 5 Tg6. v °o," T '
Henry's prefent fituation in regard to that kingdom. The article, renouncing
the advantage of eccleliaftical cenfures and difpenfations, is alfo continued ;
and all the other articles perfectly agree with thole of the laft treaty, with
which it alfo correfponds in the duration of the peace concluded by it; this
being to continue for the joint lives of the fovereigns, and a year after the
death of the firft who deceafed. By the treaty of marriage, prince Edward
and the young queen were iblemnly betrothed to each other. The queen's
jointure was fixed *. It was agreed, that within a month after fhe had com-
pleted the tenth year of her age, fhe fhould be conducted to Berwick-bounds,
and there delivered to perfons commiffioned by Henry, or his fon, to receive
her-, the marriage contract having been firft completed by the folemn engage-
ment of proxies. To fecure the fulfilment of thefe articles on the part of
Scotland, two earls and four barons, or their heirs, were, within two months
after the date of the treaty, to be delivered as hoftages -j\ It was alfo agreed,
that, though the two countries, in confequence of this marriage, mould
become fubject to one fovereign ; yet Scotland Ihould ftill remain a diftinct
kingdom, and retain its ancient name, laws, and liberties. On the fame day Rym. it>. p. 796.
with thefe treaties was fubferibed a convention, fixing the rates of the ranfom
of the Scottifh lords and gentlemen who had been made prifoners at Solway-
MofsJ-, with this condition, that if the Englifh prifoners §, whofe ranfoms
were to be fettled in Scotland, mould be taxed at a lower rate, proportionable
abatements fhould be made from the ranfoms of the Scottifh prifoners ; and
that the treatment of the latter in England, fhould correfpond to that of the
former in Scotland.

Before the expiration of the time limited for the ratification of thofe treaties,
they were confirmed at Edinburgh by the governor, in the manner that the Augutuj.
treaties thcmfelves prefcribed. The cardinal and his party were not prefent in R y m - vo1 . */•
the parliament held for this purpofe ; Angus, and the lords of the Englifh p ' 4 '
faction, being at that time too powerful for them to contend with. They
alfo well knew that thefe treaties could have no effect, as none of the lords

* This was lands, Sec. of the clear value of 2000 1. per ann. while her hufband continued
prince, to be ir.crealed to 4000 1. after he became king. The title to this jointure commenced on
the confummation of the matriage.

f The manner of ratification of this treaty, which was to be accomplifhed within two months
after its date, was to be, on the part of the king of England, by his fubfeription and great feal,
together with his oath in the ufual manner; and on the part of the kifigdom of Scotland, the con-
■fi: mation and oath were to be given in name of the whole kingdom, by authority of the three
eftates, together with the confent of the governor, and letters, containing verbatim the tenor of
thefe treaties, with the great feal of the queen affixed.

J The ranfoms to be paid by the eails of Caflils and Glencairn, were a 1000 I. flcrling for each.
The other ranfoms were lower.

§ Thefe *ere; Sir Robert Bowes, and others, who were taken at Hadden-Rigg. Above,
p. 539. Sadler's Letters, p. z6g.

4 A fhewed

546 THE BORDER-HISTORY OF

Henry vtii. fhewed 2ny difpbfitioh to go into England as hoftages; and the governor was.

K. of E ngland. nQt ^^ tQ com ^\ t hem. The Englilh king perceiving the growing itrength

1543. of the French faction, and the precarioufneis of other methods of accomplilh-

ing his defigns with regard to Scotland, had endeavoured, by tempting offers *,

to prevail with the governor to fend the infant queen into England, and alfo

to put the ftrong holds in the fouth of Scotland into his hands. The oppofite

Sadler, p. 344. party fruftrated the project of delivering up the queen, by affcmbling their
forces about the beginning of Auguft, and removing her from Linlithgow to
Stirling -f, a fortrefs in the power of the queen-dowager, and kept by fuch as
were wholly attached to her and the cardinal. From this time, Henry feems

ik. p. 33°> to have defpaired of the fuccefs of his negociations in Scotland ; for, in the
courfe of this month, he ordered fome Scottifh merchant-fliips to be feized,
which, being laden chiefly with fifh and bound to France, had, by contrary
winds, been obliged to anchor near the coaft, or to enter fome of the ports of

lb, p. 3fo. 4*8. £ n gland. The pretence for this was, that the Scots were carrying provifions
to his enemies-, but as a commerce of this nature was not clearly prohibited'
by the laft treaty, or thofe preceding it, the Scots inlifted that the infraction.-
was on the part of Henry. Hence the averfion to an union with England was
increafed, and the French faction rendered more popular and bold ; which
foon appeared by the infults which the mob of Edinburgh and Leith offered
Sept. 3- to the Englifli ambafiador and his retinue. An open defection of the gover-
nor to the oppofite party foon after followed ; which was chiefly afcribed to
the influence of his natural brother, John Hamilton abbot of Paifley, and
David Panter fecretary, men of abilities and addrefs, and wholly devoted to
the interefts of France and Rome J.

The earl of Angus and the other lords in Henry's intereft, made a ftand a-
while againft the oppofite faction, and received a great acceffion of ftrength

Sxikt, p. 3-9. wnen tnev W ere joined by the earl of Lennox. The power and popularity of
this young nobleman were very great, and his ambition had been for fome time
encouraged by the cardinal, to indulge the mod afpiring profpects. It was the*
opinion of many, that the governor was illegitimate ; his father having
married his mother, by virtue of a divorce obtained from Rome againft a
former wife, upon inadequate grounds : 3nd on the fuppofition of Arran's-
baftardy, Lennox, being the grandfon of Arran's father's filler, the daughter
of Mary, filter to king James III. was prefumptive heir to the crown. The
cardinal had flattered him with the hope of having his claim authenticated by.
the judgment of the three eftates in his favour; in coniequence whereof,.
Arran's offices of governor of the kingdom and tutor to the queen, would

* Henry offeied his daughter, lidy (afterwards queen) Elizabeth, in marriage to Arran's Con,,
and to make him king of Scotland beyond the Frith. Sadler, p. 3C9.

f For effecling this, and hindering the other party to prevent it, the cardinal and earl of
Huntley railed forces in the north, Argyle and Lennox in the weft, andBothwell, Home, and the
laird of Buccleugh in the eaft parts upon the marches. Sadler, p. 294. JLelly fays, fhe was con-
veyed to Stirling by a great army.

J The bird of Fyvie was, about this time, fent into England to witnefs Henry's ratification of
the peace ; but this the king refufed to give, on account of the Scottifh hoftages not bein™ delivered
' within the time limited by the treaty. Sadler,, p. .383,

have

ENGLAND AND SCOTLAND. b tf

have devolved upon Lennox ; and expectation was alfo given him of obta
the queen-dowager in marriage *. At the fame rime, the friends and agents
of the politic cardinal availed themfelves of the dread of fuch revolutions, to
engage the pufillanimous governor to abandon the interefts of Flngland, and
reconcile himfelf to the oppofue party. As foon as this was effected, the
cardinal, having acquired the leading of a man much more tractable than
Lennox, and who was at the fame time his own near relation -f, began to treat
the other with neglect, and to fhew, by evident tokens, that he had no inten-
tion of accomplifhing any part of what he had formerly prorrufed. The
cardinal had likewife great credit at the French court, and made ufe of it to
deftroy the influence of Lennox there, and to engage that court to call him
back, that he might not difturb the meafures of thofe who were capable of
doing more fervice to France. By this ufage, Lennox was provoked to join
the lords of the Englim party, to which he was alfo allured by his defire of
marrying the lady Mary Douglas, daughter to the earl of Angus, by the lare
queen-dowager of Scotland^, who refided in England at the court of her
uncle Henry.

A Scottifh parliament meeting in December, annulled the treaties of peace Dec. ,r.
and marriage that had been concluded with Ens-land five months before : K'">>'»,H' ,! -

G _ ^ O » rt po, p. to.

founding their ientence on the Englifli having feized in a holtile manner the e p .'rr.sc.
fhips and goods of Scottilh merchants, within the time limited by thefe treaties a pp- N0,8 -
for the ratification of them §. The governor afterwards endeavoured to fub-
due Lennox and the lords attached to England ; who hid raifed a numerous
body of forces in their defence, employing for this purpofe not only their own
extenfive influence, but a confiderable fum of French money, which had
fallen into Lennox's hands, through the ignorance of the Frenchmen who
brought it of his. rupture with the friends of France. But the addrefs of the
cardinal prevailed with Lennox to difmifs his fuperior army with which he had Buchanan?
marched to Leith, and to agree to terms of pacification. The fame prevailing ^'''"b 11 ^'
arts effected a more lading reconciliation between the governor and Angus - t
for the fecurity whereof, Angus delivered his brother Sir George as an hoftage.
Lennox, fufpedling treachery, foon abandoned the court, and retired to his
caftle of Dunbarton. The earl of Glencairn was now his principal friend ;
but the governor defeated a great body of the followers of thefe lords near
Glafgow, and wrefted that city and its caltle out of their hands. Lennox
employed the earl of Angus and lord Maxwell to mediate a peace with the
governor at Glafgow ; but the governor, for his farther fecurity, made thefe

* Patrick, earl of Bothwell was alfo faid to have been a candidate for the queen-dowager's bed.
Sadler, p. 333.

f Erat ex amita cardinalis natus. Buclian. This aunt was Janet Beihune, widow of Robert
Livingftone, who was third wife to the gmernoi's father.

X Lennox had propofed this to the earl of Angus before July 11, 1543. But Angus left the
difpolal of his daughter wholly to the king of England. Sadler, p. 281.

§ The fame parliament, at the requeli of ambaifadors from the king of France, agreed, that
the anc;ent alliance between the kings of France and Scotland, fhould be ratified and renewed.
Ep. RR. Sc. p. 313.

4 A 2 mediators

54?

THE BORDER- HISTORY OF 1

Henry vni. mediators prifoners, and detained them in cuftody, until the invafion of Scct-
K^ofEngUad. ^ by the Eng i;rh in t he following year.

1544, Henry, hearkening more to his pride and refentment than to the dictates of

calm and found policy, refolved to revenge himfelf of the perfidy and ingra-
titude of the nobles and people of Scotland, by a formidable invafion *. In
order to collect the forces deftined for this expedition, and to command in it,
Ho'.mgfted's Edward Seymour earl of Hertford, uncle to Edward prince of Wales, was
Eng. c ron. CO nftituted lieutenant-general of the north, and came in the month of March
to Newcafde. Towards the end of the following month, he embarked an
army of ten thoufand men on board a fleet of two hundred fhips, commanded
by Dudley lord Lifle, admiral of England. With this armament he failed
into the Forth, and on the 4th of May difembarked near Leith. Soon after,
he was joined by a body of four thoufand light horfe, under lord Eure -f-,
warden of the eaft marches, and captain of Berwick. The Scottifh regency,
having fcarce made a fhow of refiftance, retired from Edinburgh ; and that
city, together with Leith and the country for feveral miles round, was pillaged
and burnt by the Englifh. After employing about ten days in this work,.
M»y 15. their fleet failed from Leith laden with booty; and the army on the fame day
marched towards Berwick, plundering and deftroying the country as they
paffed through it. On the fecond night of their march, they encamped nigh;
Dunbar, and burnt that town on the morning of the following day. In the
former part of that day, they were fomewhat diftrefled by a mill, and by-
receiving intelligence of a body of enemies in the neighbourhood, led by the
lords Seaton and Home, and the laird of Buccleugh ; from whom they ap-
prehended an attack, as they moved through a narrow and dangerous pafs
called the Peafe. But the fog difperfing, and the Scots not chufing to hazard
an engagement with forces fo much fuperior; the Englifh army marched
quietly to Kenton in the Mers, where they deftroyed a pile, and burnt the
May 18. village itfelf, and fome places near it J. From thence, fetting out on the day
following, they arrived at Berwick, not having loft above forty men in the
BayiKs, p. 41. whole expedition. In the following month, Hertford was called to the king's

* He was advifed and folicited to make this invafion by the earls of Angus, Lennox, Glencairn,
and Caffils. Haynes, p. 18, 19, 20. The earl of Angus and his brother had promifed to join
the Englifh with all their kinfmen and dependents ; as the procefs of treafon againfl them bears..
Ep. RR. Sc. App. p. 322. 325..

■{■ William lord Eure. Herbert feems to fay, he met with oppofition on his march ; but no
particulars of it are recorded. (Herb. p.. 243.) His fon Sir Ralph was at that time lord warden
of the middle marches. Haynes, p. 22.

X Thefe were, Butterden, Quickfwood, Blackburn, Billy, and the Tower. The laft named of
thefe places belonged to the earl of Angus. The earl of Hertford had it in particular charge, to
burn and fpoil in his journey, without refpeft to whom the places (hould appertain ;; and if his
honour and promife was not engaged to the contrary, to bring with him into England, the earl
of Angus and his brother, if they fhould put themfelves in his power. Haynes, p. 3;. Hertford
complains in a letter of May 27, of Sir George Douglas hindering feveral of the belt gentlemen
in Mers and Tiviotdale, from accepting aflurance from the king of England, by the hopes of
getting eafier terms for them as his friends; adding, that thofe who had been formerly affured as-
his friends, had behaved \ery falfely. Haynes, p. 3$.

prefence,

ENGLAND AND SCOTLAND.

prefence, and the earl of Shrewfbury appointed to fucceed him in the lieu-
tenancy of the borders.

While Henry was thus, on one fide of the ifiand, venting his wrath in a
manner no lefs deftructive to his own views than diftreffing to his adverfaries ;
he was engaged, on the other fide of it, in a negociation that promifed more
real and lading; advantages. This was carried on with the earls of Lennox
and Glencaim, the former of whom continued his iuitfor lady Margaret Douglas,
and both fought the protection of Henry againft the cardinal and governor.
A treaty was at laft concluded at Carlifle, between commillioners from the
Englifh king, and others from the above-named lords *, by which thefe
lords renounced all covenants, either public or private, inconfiftent with the pre-
fenr, particularly any prior engagements with France ; and alio engaged, to
exert all their power to prevent the conveying of the young queen out of the
ifiand, and to endeavour to feize her perfon, and deliver her to the king of
England. They likewife undertook to affift Henry to fubdue and defend the
counties of Mers and Tiviotdale, particular mention being made of fome
of the principal towns and firong places in thefe counties. They were farther
engaged, to give Henry all the affiftance in their power, in order to his being
recognifed director and protector of the realm of Scotland. In reward of
thefe fervices, they were to be powerfully fupported againft their enemies ;
Lennox was to be made governor of the kingdom with a fuitable revenue, but
with an entire dependence on Henry for every thing of moment; he was alio
encouraged to hope for the marriage of Henry's niece; and both he and
Glencairn were to have penfionsf. Lennox, impatient to conclude his mar-
riage, failed from his caftle of Dunbarton not long after •, and entered into a
new convention, confirming the former, and fettling the conditions of his
marriage with lady Margaret. For the fake of fo precious an acquifition, he
contented to put into the king of England's hands, the caftle of Dunbarton
and the ifle of Bute ; and not long after the marriage was celebrated, he failed
from Briftol into the Clyde with fome Englifh troops J, which, joined by a few
of his own highlanders, made depredations on the lands of the earls of Arran
and Argyle, and his other enemies ; but Stirling, who held under him the
caftle of Dunbarton, preferring the good of his country to the intereft of
Lennox,, refilled to deliver up that fortrefs to the Englifh ; and hereby Henry

549

Maty,
0^_of Scotland.

1544.

Rym. vol. xr.
p. 22.
M-y 17.

Ep. RR. Sc.
App. p. 234.
About the end
of May.

Auguft,
Holingflied.
Herbert.
Keith, p. 47.
Ep. RR. Sc.
vol. ii. p. 2i3»

* The Englifh commiflioners were, Sir Thomas Wharton lord Wharton, lord-warden of the weft-
marches of England, over againft Scotland, and Sir Robert Bowe«, ordinary matter of requelb to
the king. Thofe from Lennox and Glencairn were, Hugh Cunningham and Thomas Bilhop.
Glencairn was alfo prefent himfelf, and Robert Stewart bilhop elect of Caithnefs, brother to the
earl of Lennox, who both fign the commiffion along with the commillioners. The bifliop was to
remain in England as hoftage for his brother's fidelity in keeping the treaty : and Hugh Cunnino-ham
nephew to Glencairn, who was in England as hollage and pledge for his uncle's entry and ranfom,
(Glencairn having been one of the pnfoners taken at Solway Mofs,) with others, who were there
on the fame foo.ing, were to continue as hoftages and pledges for Glencairn's performing his part
of the contract.

•f- Glencairn was to receive 1000 crowns immediately. In the July following, he had apenfiori
of 250I. fterling, and his fon lord Kilmaurs 125 1, fettled upon them during life.

\ With eighteen mips, and about fix hundred men.. Ep, RR. Sc. vol. ii. p. 2iS#

a v/as

550

Kenry VIII.
K.of England.
< „ 1

JS44-

Keith, 47.
Holingftied.
Buchanan.
Herbert, p. 249,
(a) Sir George
Meldrum of
Fyvie in Aber-
deeo/hire.

THE BORDER- HIS TORY OF

was difappointed of an acquifuion, which he had the greateft probability of
obtaining, and which would have rendered him very formidable to his enemies
in Scotland *.

Although, after the invafion of Scotland in May, Henry employed the befk
and greateft part of his forces in an expedition which he made, in concert with
the Emperor, into France •, yet the Scots were fo enfeebled, by their late
loffes and domeftic diffenfions, that the fucceiTes in the border-incurfions, by
which the war was carried on through the fummer, were alrnoft wholly on the
fide of the Englifh. In an inroad made by Sir Ralph Eure in June, Jedburgh
was taken and burnt. Kelfo was then, or loon after, treated in the fame
manner +, and the neighbouring country every where miferably plundered
and deftroyed £. In thele circumftances, the governor fentan ambafTador (<z)

* Lefty, p. 477. fays, that Henry was greatly provoked at the failure of the enterprife on
Dunbarton caftle.

f It was propofed, that if the town and abbey fhould be found to be tenable, they fhould be
garriioned and kept for the king of England's ufe. It was alfo propofed to take and keep Home
caftle, the takino- of which Henry thought wou'd be of great importance to the firthennce of his
affairs, and might with little coft be made tenable. Haynes, p. 39. But neither of thefe projects
were effected at this time by the Englifh.

t There is a particular account of the deftruftion made and fpoils carr'ed o.Tin thefe inroads,
publilhed by Haynes, in his collection of State-Papers) p. 43, — 5 1. The whole number of towns,
towers, ftedes, bariiekyns, parifh-churches, baflell-houfes, feized, deftroyed, and burnt, in allthe
border country, was an hundred and ninety two, Scots flain four hundred, prifoners taken eight
hundred and lixteer-, nolt ten thoufand three hundred and eighty fix, fheep twelve thoufand four
hundred and ninety-two, nags and geldings one thoufand two hundred and ninety-fix, gayts two
hundred, bolls of corn eight hundred and fifty, infight gear, (furniture 1 fnppofe,) &c. an
in definite quantity.

The greater part of thefe devaftations were committed in the Mers and Tiviotdale. The circum-

flances of molt of them are too inconfiderable to be remembered. The incurfions of Btrwick

garrifon were chiefly along the coaft, where they marauded as far as Dunglafs. The garrifon of

Wark having a commodious central filiation, and be'tij, together with the neighbouring fortrefs

at Cornhill, commanded by John Carr a brave and active man, made m3ny fuca-fsful fonays both

over the Tweed as far as the hills of Lansmermuir, and over the dry march into Tiviotdale. The

other commanders of chief note, befides Sir Ralph Eure, were Sir Brian Lauon and Sir George

Bowes. On 17th of July, Bowes, Laiton, and others, burnt Dunfe, the chief town of the Mers,

and John Carr's fon, with his garrifon, entered Greenlaw, and carried off a bootyjof castle, fheep,

and horfes. On 19th of the fame month, the men of Tyndale and Ridfdale, returning from a

road into Tiviotdale, fought with the laird of Farniherft and his company, and took him felf and

his fon John prifoner?. On July 24th, the Wark garrifon, the captain of Norhim -caftle, and

Henry Eure, burnt Long Ednim, made many prifoners, took a baftcl-houfe ftrongly kept, and got

a b oty of forty nolt, and thirty horfes, befides thofe on which their prifoners were mounied, ea.h.

on a horfe. Auguft 2d, the captain of Norham burnt the town of Home, hard to the caftle gates,

with the furrourding fledes. September 6. Sir Ralph Eure burnt Eikford church and town, the

barnekyn of Ormifton, and won by afl'ault the Mofs-Tower, burnt it, and flew thirty-four people

within it; he likewife burnt feveral other places in that neighbourhood, and carried oft" mote than

five hundred nolt, and fix hundred fheep, with a hundred hork-'oad of fpoils got in the Tower.

September 27th, the men of the eall and part of the middle-march, won the church of Eccles by

afTault, and (lew eighty men in the abbey and town, moll part gentlemen of head fnnames ; they

alfo took thirty prifoners, and burnt and fpoiled the faid abbey and town. On the fame day, the

oarrifon of Berwick brought out of the eaft end of the Mers, fix hundred bolls of corn, and took

prifoner Patrick Home, brother's ion to the laird of Ayton. November c, the men of the

middle-m-iich burnt Leffudden, in which were fixteen flrong baftel-houies, flew feveral of the

owrers,

ENGLAND AND S C 0,T LAND. r5 i

to Henry in France, to folicit a truce. Henry is faid to have granted tlvs ; Ma 'y>
but it was probably for a lhort period, and ill obferved. For toon after his ^-° c o ^ ■ u ^«
return to England, he give the command of a body of forces to the earl of 1544.
Lennox, in conjunction with the lord Dacres and Sir Thomas Wharton, who
entering Scotland, hud wafte a great tract of country *, and carried off much
booty, without meeting with any refiftance. Another fuccefsful expedition,
of the fame nature, was made in the courfe of the winter.

In one of the lafc of the inroads made by the Englifh, they fcized the abbey
of Coldingham -j-, fortified the church and fteeple, and left a garrifon in them.
The garrifon, by its excurfions, fo much infelled the adjacent country, that Go4f.voi.ii.
it was reiblved by the governor and his council to expel the Englifh from the p- "7*
place: Having with this view collected an army of eight thoufand men, he
conducted them to Coldingham in the midlt of the rigours of winter. The
Englifh not obeying the fummons to furrender, the befiegers immediately
began to batter the fteeple, and continued to do i'o for a whole day, and
through the following night ; the army remaining all the time under arms.
The governor, difconcerted by a refiftance which probably he had not ex-
pected, and alarmed with the intelligence of the Englifh approaching from
Berwick, and diffident, it would feem, of the fidelity of his own followers,
fecretly let out from the army on the following day, accompanied with a few
of his moft familiar friends, and rode with all the fpeed he could to Dunbar.
This defertion of the leader was naturally followed by a diffipation of his
army •, who would have either left behind or deflroyed their artillery, had not
Angus prevented this dilgrace, by infilling that it mould be carried off. He
him felf undertook the charge of prefcrving it; and while the reft of the army
took the fhorteft way to their homes, he with a band of his own dependents,
and a few others, marched in the rear of the fmall train of ordnance, boldly
repelling the attacks of iome Englifh horfemen, and conveyed it fafely to the
cafile of Dunbar.

Angus, befides the difplay made on this occafion of his prowefs, affected
to fhew his fincerity in abandoning England, and in attaching himfelf to the
governor and his friends. He and his brother Sir George, had jult before e p . rr. Sc.
this expedition, been abfolved by authority of parliament, from proceffes of x^m^p'J] ™'
treafon railed againit them, for waging war againft their country in con- foi. 131.
junction with the Englifh, and for the traitorous correfpondence they long and Nov " ' 7 *
openly afterwards maintained with thofe enemies of their country. They
were particularly charged with having invited and encouraged the Englifh,

owners, and burnt much corn. November 9th, Sir George Bowes and Sir Brian Laiton burnt
Diyburgh, a market town, all except the church, with much corn, and brought away an hundred
no't, fixty nag=, an hundred fheep, and much other booty, fpoilage, and inlight gear.

The above dates and devaluations are ta'ien from the letters of the commanders on the borders,
giving an account of their exploits.

* They took and destroyed Dumfries in this expedition. Wharton was foon after rewarded for
bis fcrvices, by being fummoned to parliament, in quality of a baron, and was the firit lord
Whaiton. He died A. D. 1568.

f Sir Ralph Eure wrote to the Englifh court November 17, that it was taken and kept for the
king's ufe.

552 THE BORDER- HISTORY OF

Henry viii. to the invafion made by the earl of Hertford in the preceding May*. At
v. of England. ^ fa me t ^ me ^ p at ri c k; ear i f Bothwell, was abfolved from a procefs of
1544. treafon againft him, for intercourfe with the Engliih, during the late invafion
and before. Remiffion was likewife given to the earls of Glencairn and Caffils,
and Hugh Campbell of Lowdon, fherifF of Air, for their treafons. Thus the
wafting war which Henry carried on in Scotland, produced a general union of
Scotchmen againft him •, and the governor was the more ready to fhew favour to
all thefe offenders, for the fake of ftrengthening himfelf againft the queen-
mother, who was about that time feeking to poffefs herfelf of the regency.
Buchanan. The continued fucceffes of the Englifh in their border inroads, encouraged

Humeo God- t ^ em t0 new and more extenfive enterprifes : Sir Ralph Eure, and Sir Brian
Lefly, p. 47S, Laiton, had greatly diftinguifhed themfelves in this marauding war. They
repaired to court, to reprefent their fervices ; by which they pretended, that the
counties of Mers and Tiviotdale were already fubjecled to the Englifh yoke ;
and they undertook, upon receiving proper aid and encouragement, to extend
their conquefts to the Forth. Henry beftowed due praifes on their prowefs ;
and is faid to have affigned to them, and their fellow-adventurers, for their
reward, the property of their paft and future conquefts -f-. To defend and
carry on their acquifitions, he alio gave them the command of three thoufand
mercenaries ; to whom, having joined two thoufand men of the borders, they
came with this little army to Jedburgh, about the middle of February. The
A. d. 1545. Scots were too fenfible of the mifchiefs already done by thefe men, and were
not ignorant of their vaunts. The earl of Angus was roufed by them to exert
himfelf in defence of his country; and, at the fame time, of his private inte-
reft ; for he had great pofieffions both in Mers and Tiviotdale, which the
Englifh had feized or ravaged : and they had, in fome of their late inroads,
deftroyed the tombs of leveral of the illuftrious men of his name and family,
who had been buried in the abbey-church of Melrofe. Having, therefore, by
cordial offers of his fervice, engaged the governor to accompany him J, they
fet out together from Edinburgh, towards the borders, with three hundred
horfe, and had received but a fmall addition to that number from the counties
of Lothian and the Mers, when they arrived at Melrofe. The Englifh army,
then at Jedburgh, about eight computed miles diftant, informed of the fmall
number accompanying the governor, attempted to furprife him, by a fpeedy
march to Melrofe in the night-time. But their approach being difcovered, the
Scots retired to fome of the neighbouring heights •, where they were in fafety
themfelves, and could obferve the motions of their enemies. The Englifh,
finding that the Scots were out of their reach, after collecting what booty they
could in Melrofe, retired in the morning towards Jedburgh. The Scottifh

* ['articular mention is made of the DouglsfTes being with the Englifh at Hadden Rigg,
erroneoully called Ilalidon-Ripg, and afterwards with the duke of Norfolk.

f Henr) is faid to have fiiade this grant by the advice of the duke of Norf-lk, who well knew
the ptecarioufnefs of fuch acquifitions. Herb. 2*9.

X The court of England had great rcfentment againft the DouglafTes, who had been 10 long pro-
tected by Henry, and had come under fuch Strong engagements to fupport his intereitjn Scctland :
notwithstanding which, they had gone over to the party of the cardinal and governor.

army

ENGLAND AND SCOTLAND. 55$

army, being joined by three hundred horfe from Fife, under the command of ""-'■
Norman Lefty, eldeft fon of the earl of Rothes, a youth of great fpii it ; and ■_;" c °' "j
afterwards by Walter Scot of Buccleugh, with a fmall number of his depend- «545<
ent?, hung over the march of the Englifh; and, at laft, refolved to give
them batde in the neighbourhood of the village of Ancrum *. Having dis-
mounted from their horfes, and lent them to lbme eminences in their rear, they
drew up on a piece of low ground, where they were in a great meafure hidden
from the Fnglifh, who, from the motion of their horfes imagining they had
already begun to fly, marched precipitately towards them. Out of breath,
and in ccnrufion by their too rapid approach, exhaufted with the toil of march-
ing and watching through the preceding night, having alfo the fetting fun and
wind full in their faces, they came all at once upon the Scots, who, being
drawn up in the firmeft order, received them with an attack no lefs fierce and
reiolute, than unexpected. The Englifh foon falling into utter confufion,
their leaders Eure -J- and Laiton, were killed, and eight hundred of their
army, many of whom were perlbns of note. There were alfo a thoufand
made priloners J, and of theie eighty of good rank. The Scots are faid to
have loft only two of their number ; and to have treated their enemies on this
occafion with great barbarity §.

An account of this great advantage gained by the Scots, was foon tranf-
mitted to the French king, and accompanied with earnett felicitations for aid
againft the common enemy. Francis was now in a better condition to grant
a requeft of this nature than in the preceding fummer ; the Emperor having,
at the end of laft year's campaign, made a feparate peace with him. Nor did
Henry in the prelent year attempt any new conquefts in France, but con-
tented himfelf with maintaining his acquifitions, and defending his coafts,
againft the defcents of the French. The fuccours which Francis fen t to his E P . rr.sc

vol. ii.

• The Scots commonly call this, the battle of Ancrum Moor. Ho'ingfhed in Sc. Chron. calls the
place of it Panier-haugh, or Eroom-houfe. Stowe calls it Panier-haugh. Lefly fays, that Sir Ralph
Eure had burned the tower of Broom-houfe, with its lady, a noble and aged woman, her chiUren,
and whole family ; a deed of cruelty ill-fuiting Eure's courage ; an J that after the rout of the Englifh,
the cry of the borderers, who, with their red crofles, had waited the event, was to revenge Eure's
cruelty at Eroom-hou'e. Lefl. 478.

Holingfhed fays, the numberof the Sccttim forces was one thoufand five hundred, of whom eight
hundred were gentlemen. He fays alfo, and Lefly confirms it, that the confufion of the Englifh was
increafed by the defertion of feven hundred Scottiih borderers, who ferved in the Englifh army.
In letters from Sir Ralph Eure of the 14th of September preceding, the Crofyers, Olivers, Halls,
and Turnbulls, are faid to have entered bond with England. Haynes, p. 46.

•f Eure was in high reputation, and his death much regretted by his king and countrymen.
There are two letters from him written with a very foldierlv fpirit in Haynes. The firft dated
from the caftle of Alnwick, and the other from that of Warkwonh. He calls each of ihefe the
king's calUe.

X Among the prifoners was Read, an alderman of London, who refufing obftinately to advance
his lhare of a fum, which Henry in the preceding month demanded in the way of benevolence
from the citizens, was, in punithment, fent to ferve in the war againft the Scots; and had more
money to pay for his ranfom than the benevolence would have cod him. Hetb. p. 240.

§ The Scotch hi 'o-iins mult certainly dimrniih their loA. Parta autem fiRoria, favs Lcflv, it a
infugicntesfavitum eft, tit nihil illujhe pojlea gefferimus, quin potius Imulenta ad MuJJclluighum
plaga accepta maximal fumma immanitatis ptenai dederimus. Lefly, p. 478.

4 B allies

554

Henry VIII.
K. of England.

*545-
Keith, p. 47.

Buchanan.

THE BORDER-HISTORY OF

Rym. vol. xv.
p. 7*.

HolingnSed's
Sc. Chr. p. 338.
Ing.Chr. p 969,

allies of Scotland, confifted of three thoufand foot and five hundred horfe,
under the command of Montgomery lord of Lorges *, which having arrived
in May, and being joined with about fifteen thoufand Scots, marched towards
the borders in the end of July. The army encamped on the fide of Tweed,
oppofite to Wark-caftle, and fent parties over the river, which ravaged the
neighbouring villages and fields in England, and had alfo fome inconfiderable
fkirmifhes with their enemies. Montgomery, feconded by lord Home, made
preffing inftances, that the whole army fhould advance into England ; but to
this, the governor and his council would not agree, founding their refufal on
their want of artillery and other things neceffary for reducing the cafties in
their way. The Scottifh. army having difperfed in a few days without effecting
any thing of confequence -f, the earl of Hertford, who was again intruded
this fummer with the command in the north of England, entered Scotland in
the beginning of September with an army of twelve thoufand men, of whom.
a confiderable number were foreign mercenaries j\ h, .jarched up from
Coldingham through the counties of Mers and Tiviotdale, and ravaged and
burnt the whole country in his way §. The abbies of Kelfo, Dryburgh,
Melrole, and Jedburgh, places no longer facred with the Englilh, fhared in

* Montgomery alfo brought over the French king's order of St. Michael to the governor, and
to the earls of Angus, Huntley, and Arpyle. He landed at Dunbartori, and came to Edinburgh
with good order ic,th of May, fays Lefly ; but, from the aft of council, dated June 7th, at G'af-
j;ow, fummoning, on cccafion of the late arrival of the French, a convention of eilates, it feems
as if Lefly had miftaken the ides of May, for thofe of June. Ep. RR. Sc. A pp. p. 32!). There
33 a general fummons ordered tor all Scotdr.en between lixty and fixteen, fufficiently armed, and
with a month's provifions, to rendezvous for this expedition on Roflin-muir, July 28. lb. 329.

•f- Lefly fays, that the French and Scots befieged VVark caftle, and took the outworks of it; but
being alarmed by a fudden inundation of the Tweed, raifed the fiege. Lefly, p. 4.-9. He adds,
that the French were Rationed at Kelfo, during the remainder of the year, for the defence of the
marches ; the Scottifh nobles, according to cuttom, fucceeding one another, and joining them in
this fervice in their turns. Lefly, p. 479.

X Hertford, about the time of this expedition, had forbidden to return into Scotland, thofe
Engbfhmen, who, having been made prifoners by Scotchmen, had been fu ffercd, as ufual, to go.
Linlithgow. home upon their faith given to return when called ; upon which, the Scottifh council, complaining

Nov. j, c f tn ; s as a breach of honour and truth in the parties concerned, and an infringe f the

ancient ufage of the borders, did, upon the principle of the equity of retaliation, forbid all Scotf-
men, who, having been prifoners, weie now at home on their parole,, to return at the call of their
takers. Keith's App. p. 51.

§ The places of all kinds, burnt, rafed, and caff down, in the Mers and a final] part of Tiviot-
dale, in Hertford's progrcfs from Coldingham to Kelfo, by way of Dunfe and Eccles, were in
number an hundred and tiventy-nine ; among thefe, Dunle itfelf, and the abbey and town of Eccles,.
underwent a fecond devallation ; the tower and barntkin oi Niibet, the towers ot Dunfe, Red-
braes, Pollard, and Merfington, with the cafties of Wedderburn and Blaokadder were rafed. On-
the river Tweed, from Kello upwards, thirty-three places were deftroyed, among which were, the
abbey of Kelfo, the abbey and town of Dryburgh, the abbey of Melrole, and t! e towers of
Dawcove and Stotherick ; on the river Tiviot thirty-fix, among which the Friars near Kelfo, the
towers of Roxburgh and Ormefton, and the two towers of Boon Jedburgh ; twelve places on
Rowle Water ; thirteen on Jed, among which the abbey, friars, and town of Jedburgh; forty-
five places on the Kayle, and between it ard the Tweed ; nineteen on Bowbent (alias Bowmont).
The fum total of the places deftroyed or laid waile in the whole inroad, was two hundred and
eighty-feven ; of which monafteries and friar-houfes feven ; cafties, towers, and piles fixteen ;
market towns five, villages two hundred and forty- thtee, mills thirteen, fpitals and hofptals three.

4 .£h' 3

ENGLAND AND SCOTLAND. 555

this general calamity. Nor did the Scots attempt any where to make op- M*r>
pofition, except in the abbey of Kelfo, which was defended for a while by . "' a " '.
three hundred men-, but thefe were either flain or made prifoners by the jj4S-
afiailants, part of whom were foreigners in the Englifh pay.

The remainder of this war was carried on by mutual incurfions on the
borders with various fuccefs. In one of them, which was made fomewhere on Sc^t. iG,
the eaft borders, by three or four hundred Scots and fome Frenchmen, the'
Englifh attacking them in a ftrait pafs, and galling them fore with their archers,
put them to the rout with the lols of an hundred and forty of their number,
either flain or taken prifoners -, among the latter, was a fon of the lord i? 01 '" 8 '* !b#
Home*. Robert, ''the eldeft fon of lord Maxwell, had the fame fate in an
incurfion on the weftern marches ; but this lofs was balanced by the difcom-
fiture, in the neighbourhood of thefe marches, of five hundred Englifh, of
whom the greater!: part were either killed or taken +. The Scottifh parlii- K( , ;th> tm
menr, which met at Linlithgow in October, appointed a thoufand horfemen e p . rr.sc.
to be raifed with all expedition, for the defence of the borders through the App 'oa. 3 »!'
winter •, and for their maintenance, impofed a tax on the three eftates, ac-
cording to the ufual proportion J.

Henry, during the winter and fpring, was carrying on a negociation with a. d. 1546.
France, which at lafl ifiued in a treaty of peace, by which Boulogne was left
for a time in Henry's hands, as a pledge for a great fum, which Francis June 7 .
obliged himfelf to pay to him. In this treaty, the Scots were comprehended,
without prejudice of other treaties, whereby either prince pretended to be Ry^. vol. X7.
engaged§; but fo that the king of England fhould not wage war againfl p ' 97 '
them, without fome new occafion given •, with regard to which, the prefent
comprehenfion fhould be interpreted in the fame manner as in the treaty of
April 5, 1 516 1| ; with this only alteration, that thirty days from the date of Abore p 49 j,
the prefent treaty fhould be allowed to the French king, to notify this com-
prehenfion to the Scots, inftead of fifteen, which were allowed by the former.
Henry had been very averfe to grant this comprehenfion, which was accepted
by the governor and parliament of Scotland, about two months after the treaty Rym. vol. xv.
was concluded. Peace was in confequence proclaimed on both fides of the p " Sa *

• There was a!fo a French captain, and George Elphinftone archer of the corps to the French
king. Holingf.

f Lefly mentions Maxwell, Lochinvar, nnd Johnfton, as making fuccefsful inroads;

j The expence of them per month was 6000 1. at the rate of ^.ti. per day. The proportion
between Scotch and Englifh money at that time, pet haps, is not eafy to afcertain. Patten, in his
Journal, fays, that 4I. Scots, were then equal to one pound fterling.

§ It appears from a letter of Henry to Sir William Pagett, one of his fecretan'es of fla'.e, and
one of thofe employed in negociating this pence, that he alleged, that by his treaties with the
Emperor, he might not in anywife comprehend the Scots in this or any other treaty of peace, or
truce. Rym. vol. xv. p. 8z.

|| There is furely a mittake in the date of the treaty referred to, as that date Hands in the copy
of the prefent treaty in Rymer. The date ought to be April 4, 1 5 15. There feems alfo to be a
defect in the prefent article of comprehenfion, in not limiting the day, as was done in the coi rr-
fponding articles of the treaties 1514 and iji^; after which day, the excefi'es there defenbed,
were to be regarded as breaches of the peace.

4B2 borders i

55 6

Henry VIII.
K. of England.

1546.
Aug. 14
Keith, p. 49.
Ip. RR. Sc. ii.
I- 355 •

Keith, p. 45.

Lefly.

.Buchanan,

March !•

Saturday.
May 29.

THE BORDER- HISTORY OF

borders * ; but the Scots foon complained to the French king and his am*
bafiadors at the court of England, that the Englifh. wardens had only pro-
claimed a ceffation from war during their matter's pleafure, and ftill continued
their incurfions, and refuied to appoint days of meeting for redrefs. They
infilled likewife on the reftitution of the houfe of Eddrington f, called the
Cawmills on the eaft, and of Langhope on the weft border •, on the liberation
of prifoners, and giving up their pledges •, alfo that, agreeably to the tenour of
former treaties, Scottifh rebels and traitors fhould not be entertained in Eng-
land, and that no aid or Support fhould be fentfrom England to the murderers
of Cardinal Beaton.

That haughty prelate had incurred the violent refentment of Norman Lefly,
by difappointing him of fome claims, or promifed rewards, for important
fervices. He had rendered himfelf extremely odious, efpecially in the country
where he refided,. by perfecuting the favourers of the Reformation, and
efpecially by the burning of Mr. George Wifhart, a zealous preacher of the
reformed doctrines, and a man univerfally efteemed. The pretences of reli-
gious zeal animating to fuch feverities, were belied by the pride, ambition,
and undifguifed lewdnefs of Beaton's life, which deftroyed all reverence of his
clerical character. Hence ic was not difficult for Lefly to find accomplices in
a plot framed by him for the cardinal's deft ruction, which was conducted with
perfect fecrecy, and executed with a refolute fiercenefs, in Beaton's own caftle
of St. Andrew's J. Several gentlemen, and others, from the neighbouring
country, approving the deed, joined themfelves to the perpetrators, and
formed a fufficient garrifon for the defence of the caftle §, which the unhappy
cardinal had, juft before his death, been fortifying and providing with
neceffaries,. for fecurity againft defcents of the Englifh. The murderers and
their accomplices were foon after condemned in parliament as guilty of high
treafon, and their e-ftates forfeited : and the governor, accompanied by the
fighting men of the neighbouring counties on each fide of the Forth, laid fiegs
to the caftle, and continued it in vain for almoft three months. The befieged
had entered into a correfpondence with the king of England, whom they had
rid of one of his moil inveterate and troublefome foes. They profeffed great;
ztal for the marriage of their queen with prince Edward, and were all

* In the May before the peice was proclaimed, the governor and council cf Scotland being
informed, that divers in Mers and Tiv:otda!e fat under affurance of England, ordered the juflice
clerk to piofecute fuch perfons, according to the afl relative to their offence. Keith's App. p. p.
Keith obferves in the note, that there are feveial ails to be met with in the records againll ajfurcd
perfons.

-J- They fay of Eddrington, that it is a wafte incomplete houfe, marching with the bounds of
Berwick, and as the ufe has been, that as often as it is taken in war, it was delivered again at the
making of the peace. x Ap. Ep. RR. Sc. i'. p. 3.7.

J- The Scottifh council fay to the king of France, that the Slaughter of the cardinil had been
committed treafonably by the perfons in whom he confided maijl traiftlit, his ftals, Jervands, and
houfehold men, Ap. Ep. RR. Sc. ii. p. 358.

§ John Knox joined them, and preached in the caftle, who, fays Lefly, fe evangelic* perfecTionh
tumulum ajjicutum ncn arbitrabatur, nifi in cerdinalit ac jacerdotis Jangui>;e ac cede triumpbajfeli
Leity, p. 48 i.

favourers

ENGLAND AND SCOTLAND. 557

favourers of the Reformation. Thefe profeflions procured them the friendship Mar r»
of Henry ; and their fituation on the fea was commodious for their receiving > '"' a " '.
fupplies from him of the things they flood in need of. Being thus fituated, a. d. 1^7.
and attacked by forces alike deficient in the art and implements of befieging,
the governor, about the middle of winter, agreed to a capitulation, in which
the furrender of the caftle was ftipulated, but at a diftant period, and on con-
ditions which feemed to have no meaning on either fide, but only to gain time. J an> * 8,
Soon after Henry died, leaving his kingdom to his fon Edward VI. a boy
of ten years of age. The fate of his neighbour fovereign is faid to have
given the king of France, who had long been in a declining ftate, a
lhock that haltened his end. Francis died in lefs than mo months after March 2St
Henry.

THE

THE BORDER- HISTORY OF

THE

B O R D E R-H I S T O R Y

O F

ENGLAND and SCOTLAND.

BOOK VIII.

Tdward VT.
K. of England.

<— -v 1

'547-
Feb. 16.
Carte, vol. iii.
p. 201. 204.

March 1 3.

March 9. 15.
Rym. vol, xv.
p. 132. 144-
March 14.

THE earl of Hertford, foon after Henry's death, was advanced to the
dignity of duke of Somerfet -, which promotion, with feveral others *,
that were made at the fame time, was known to be agreeable to the intention
of the late king. But Somerfet not content with this elevation, and the
influence which his near relation to the young king muft naturally have given
him, afpired to higher power and titles ; and had fo much influence over the
other counfellors and executors of the king's will, as to obtain the confent of
the greater part, for inverting him witli the office of prdetlor of the kingdom
and governor of the king's perfon, until Edward ihould attain the age of eigh-
teen years. Soon after this council gave him a power over themfelves and
the nation no way inferior to the regal. The protector, agreeably to the
dying exhortation of the late king, entering zealoufly into the profecution of
his defigns on the fide of Scotland -f ; foon concluded a convention with .he
garrifon of St. Andrew's, upon conditions that Henry had approved of. In a
treaty concluded about the fame time with the French king, for confirming
the articles fettled by the league of the preceding Jjiie, it was agreed, that
no prejudice Ihould thence refult to the laft treaty between the Englifh and the
Emperor, nor to any preceding treaties that France pretended to have con-
cluded with the Scots. Henry, the young king of France, being thus at
liberty to fupport his ancient allies, whom the Englifh regency had refufed to

* Dudley vifcount Lifle (afterwards duke of Northumberland) was at that time created earl of
Warwick.

f The Scottifh regency informed the king of France, that they were furely advertifed, that
Henry intended to fend an army into Scotland, in the February that lucceeded his death. Ep. RR.
Sc. p. 376.

comprehend

ENGLAND AND SCOTLAND.

559

comprehend in this new treaty, fent over a fm.ill fleet of gallies, under the Mjr y>
command of Leo Strozzi, with forces, engineers, and artillery, to afiiffc in , _ c °!. an J.
reducing the caftle of St. Andrew's. The news of the arrival of this fleet 1547.
brought back the governor from an expedition he had undertaken to the Ho'il'ngflwJ.
weftern borders, where he took and deitroyed the caftle of Langhope. And
by the joint efforts of the French and a body cf national troops, the garrifon
of St. Andrew's caflle being, after a fortnight's fiege, reduced to the laft
extremity, furrendered to the French general, on condition of having their July 30,
lives fpared, and of being carried over to France; to remain, in that, or fome
other country, exiles from Scotland.

The fuccours, which the garni n of St. Andrew's expected from England,
were retarded by the length of time required to prepare the great armament,
with which the protector refolved to invade Scotland, both by fea and land. King Edwards
The Scots were expecting this invafion all the fummcr •, an ambaffador, whom J ourna1,
the governor had fent to the Knglifh court, with propofals of certain terms of
accommodation, wherein the marriage of Edward with the queen of Scotland
was not included, having returned in May, with intelligence of the rejection
cf his offers, and of the great preparations that were making in England, for
an expedition againft Scodand. Hereupon the Scottifh council iffurd procla- May j 5 .
mations, for firing beacons on :he hills near the cotfts, from St. Ebb's Head all e p- R j*\. Sc «
the way to Linlithgow, upon dif.overing the approach of an Englilh fleet; p/jsY-'^Vi
and to have poll horfes provided at each beacon to carry intelligence, if the ene-
my entered the realm in the day-time * ; and alio forbidding all perfons to for-
fake their habitations, or remove their goods on account of the threatened
invafion, the governor being refolved, at the hazard of his life, with the noble-
men and fubjects of Scodand, to refill the invaders. Thefe precautions,
though fomewhat premature, were not without fufficient ground ; for, in the.
end of Auguft, an Engliih army, of about eighteen thoufand men, confiding
of excellent troops, well furnifhed with all kinds of warlike (lores, and com-
manded by the protector in perfen, arrived at Berwick. At the fame time Sept. s.
a fleet of thirty-four Ihips of war, thirty tranfports, and a galley, appeared in ^, tten5 ^ our *
the bay before that place. The protector, on the fecond day after his arrival,
efcorted by his own band of horfemen and a few more, rode to Eymoth,

• Seven hille, within the extent trentioneJ, are appointed to have baills fet and kept upon them
in the night-time. 1 hefe are St Ebb's-Head, the Dow-Hill above Faft-Caftle, the Domi-Law
above Spot, North Berwick-Law, Dcmiprender-Law, Arthur's Seat, or Edinburgh-Cattle, and
Binning's C aig above Linlithgow. Perlor s are alfo charged wi;h the care and keeping of each;
Sir George Douglas of Pittendreich, of that at St. Ebb's-Head ; the iaiid of Reiialrig of that of
Dow-Hill; Robert Hamilton, captain of Dunbar, of that on Domilaw above Spot ; the Priorels
of North-Berwick of that upon North-Berwick-.'aw; Patrick esr! of Bothwell of that on Domi-
prender-Law ; the town of Edinburgh of that on Arthur's Seat, or Edinburgh Caille; and William
Hamilton of Perdovan, and Matthew Hamilton, matter of the houfehold to the lord governor, of that
of B:nning's-Craig above Linlithgow. If the enemies came by day-light, theie peifons, being pro-
vided of pcft-hor.es at the feveral bai',l=, were, by poll, to fend aiivertifement from one to the
other. The rendezvous from the Eaft and Weft was to be at Edinburgh, and proclamations were
HTued to ail the inhabitants of the neighbouring country to obferve the lienals, and to be prepared
with, all military accoutrements to move as thereby directed.

where,

l6o

Edward VT.
K. of England.

1547-
Sept. 4.

Patten's Expedi-
tion againft
Scotland in
Holingf. Eng.
Chr.

Patten.
Hayward,
p. 284.
Buchanan.

THE BORDER. HISTORY OF

where, having examined the inlet by which the fmall river Eye difcharges
itfelf into the lea, he found it would be a commodious place for a harbour;
and, foon after, ordered a fortrefs, for defending its entrance, to be built on a
promontory on its north fide -f\ The army, after encamping two days in the
fields near Berwick, upon the fea-fide, began its march towards Scotland;
the fleet, at the fame time, fteering its courfe towards the Frith of Forth.
The dangerous pals of the Pdv?/f i was rendered more troubleiome by fome
trenches call acrofs it; but the pioneers of the Englifh army foon removed
thefe obftrudtions. The caftle of Dunglafs, fituated near the weftern extre-
mity of this pafs, was yielded by its keeper Matthew Home, nephew to the
lord Home, to which lord the cattle belonged * ; and left it mould difturb the
army in their return, was demolilhed ; though not without trouble, by reafon
of the thicknefs of the walls, and their being founded deep in a rock. Two
fmall piles in the neighbourhood made a defence, but were foon reduced ; fome
of the defperate people within them being (lain, and others fpared.

Faffing by the caftle of Dunbar, which would have required too much time
to reduce, the Englifh advanced towards Edinburgh, and on the eighth pitched
their camp in the neighbourhood of the fmall town of Prefton-Pans § •, their
fleet lying in the Firth as near them as it fafely could. At the diftance of
about two miles along the fhore, on the weft fide of the river Efk, near Muf-
felburgh, was encamped an army of thirty thoufand Scots, under the com-
mand of the governor, who had fent meffengers over the kingdom, with a
fiery crofs, to iummon all men between fixty and fixteen to follow him in
defence of their country. On the day following, a band of Scottifh horfe-
men approaching the Englifh camp too wantonly, were unexpectedly encoun-
tered by a body of Englifh cavalry and fome foot: after a fkirmifh of three
hours, the Scots were defeated, and driven back to their camp with great
flaughter. The lord Home in the rout fell from his horfe, and received a
hurt, of which he died at Edinburgh foon after: his eldeft fon was taken
prifoner in the fame arftion j|. A challenge given by the earl of Huntley to

■f He appointed Thomas Gower manlial .of Berwick to be governor of this fortrefi.

J It is ca led Peathes by Holingfhed, and by Hayward Peaths; which, according to the latter,
is the fame with Path?, and denotes deep paths running flopewife down the defoents, on the fides
of the hollow ground through which this pafs lies. " So fteep be thefe binks on either fide, fays
" Patten, and deep to the bottom., thit who goeth ftraight down lhall be in danger of tumbling,
" and the comer up .'ofure.of puffing and pain ; for remedy whereof, the travellers that way have
" ufed to pafs it, not by goir.g di.eftly, but by paths and foot-ways leading flopew fe, of the
" number of which paths, they call it, fomewhat nicely indeed, the Peaths"

To the difgrace of the country, this pals, though in the public high-way betwixt Berwick and
Edinburgh, and on the poft-road betwixt the capitals of the united kingdoms, ftill continues very
difficult and dangerous.

* But Patten calls it, a caftle of George Douglafs. " The garrKon, he (ays, confided of
w twenty-one fober foldiers ; all fo apparelled and appointed, t! at fo God help me, (I will fay it
" tor no praife) 1 never faw fuch a bunch of beggars come out of one houfe together in my life.''

§ Patt n calls it Salt-Prefian.

|| Of our fide, fays Patten, one Sranifh hackbutter was hurt: and Sir Ralph Bulmer knight,
Thomas Gower mailhal of Berwick, and^Robert Crouch, weie taken 5 all captains of teteral
bands of our light ho ft men, and men of right good courage and approved fervice, and at this time
■dUlrefled by their own lorwardnefs, and njt by the enemy's force.

the

ENGLAND AND SCOTLAND. £ 6i

the protestor of England, to decide the quarrel by a fingle combat, being Mjr r<
rejected on the one hand, and on the other, no regard being paid by the go- ,^- rf Sc< " Unii ;
vernor of Scotland to propofals of accommodation, in which the terms 1547.
formerly inlifted on by the court of England were much lowered, nutters
were brought next day to the decifion of a battle. This the Scots were lb fond Sept. 10.
of, and fo much perfuaded that the Englifh fought to decline it, that though
they had in the former day loft the beft part of their cavairy, they abandoned
in the morning their ftrong fituation, and approached towards their enemies
with a precipitation that proved fata!-, the earl of Angus leading the van-
guard, the governor himfelf commanding the main body, .md the earl of
Huntley the rear. Although a band of Englifh horle were at firft repelled by
the firmnefs of the Scottiih fpearmen, this {hock was foon recovered ; and the
Englifh gaining the advantage of the ground, and making good ufe of their
cannon, both on the field and on board ibme of their fhips, whofe guns were
brought to bear upon their enemies, the Scots were foon feized with a general
pannic, threw down their arms, and betook thcmfelves to flight. The
Englilh made a great flaughter in the purfuit *. Many perfons of note were
killed, and many taken prifoners •, of the latter, the earl of Huntley, lord
chancellor of the kingdom, was the chief.

On the day after the battle, the Englifh army advanced to Leith. The Patten
prote<5lor received there the fubmiffion of fome Scotchmen f; and took mea- Hoiine'iheJ.
fures for fecuring the command of the important Friths of Forth and Tay, by
iortifying Inchcolm, in the former, and fending fome fhips to reduce the
caftle of Brochty-Craig, fituated on the fouth-fide of the entrance of the
latter. The advanced feafon of the year, and intelligence he had received of
plots carrying on againft him at the Englifh court, determined him to leave
Scotland, without purfuing any farther at that time the great advantage he
had gained. He fpared Edinburgh ; but Leith, contrary to his intention,
was fet on fire by his foldiers the day before he left it. In his return he took
the fhorter way leading to the eaftern border over Sowtray; probably, in the
view of reducing, as he pafled, the counties of Mers and Tiviotdale. On the

* Divers of the nobility of Scotland, fays Hayward, were here flain, and many gentlemen both
of worth and noble birth ; of the inferior fort about ten thoufand ; and, as fome fay, fourteen
thoufand, loft their lives. Of the Englifh were flain fifty-one horfemen and one footman, but a far
greater number hurt. The Scottiih prifoners, accounted by the marftial's books, were about
fifteen hundred. Hayward in Ken. 236. The priefts and monks, of whom there were a great
number in the Scottiih army, received no quarter. The Englifh flaughtered them without mercy ;
considering them as the chief promoters of the war. Buchan. 1. 15. Hayward. The number
of flain, according to Patten, was fifteen thoufand three hundred ; of wounded two thoufand, of
prifoners fifteen hundred. The lofs of the Englifh in the whole expedition he makes not more
than fixty perfons. In this baitle Somerfet ailed the part of an able general ; and Warwick, who
was fecond in command, greatly dillinguifhed himfelf.

The author has been fhorter than ufunl in his account of this action ; which is called the battle of
Pin key, from a nobleman's hou**- in the neighbourhood of that name. The reader may fee a par-
ticular and well-written account of .this engagement in Hume's hiftory of England, vol. iv. p. 325,
3Z6. Small edition.

f Among thefe, was the earl of BothweH, who, on the night after the battle, was liberated from
an imprifonmer.t in which he had been held ibme time by the governor.

4 C fecond

562

THE BORDER. HISTORY OF

EJward vi. iecond day of his march he arrived at Lauder; and on the third, he encamped
k. of England. j n & ^^ a b ut a mile to the weft of Home-caftle. The army continued
— 1547?"" there the two following days, while the furrender of the caftle was transacted
with the lady Home, Andrew her fon, John Home of Coldingknows, a near
kinfman of the family, and others, who had the charge of the place. To
enforce the arguments ufed for this furrender, the protector blocked up the
cattle, by difpofing in proper poits around it, a body of mufqueteers, lb as
to hinder all paffing out or in without his licence ; and afterwards erected on
the lbuth of it a battery of eight pieces of cannon, under cover of bafkets
tilled with earth. The lady's concern for the fafety of her eldeft fon, who
remained a prilbner in the Englifh camp, inclined her to furrender the place •,
but fome of them who had the joint charge of it, afked a delay until they
fhould confult their lord, who continued at Edinburgh dangeroully ill of the
hurt he had received in the fkirmifh mentioned above. To this the protector
refufinor to agree, the caftle was given up to the lord Grey, on the morning
of the iecond day after the Englifh arrived in its neighbourhood ; the garrifon,
to the number of feventy-eight, marching out with what baggage they could
carry, and leaving behind them their warlike ftores and provifions J. Sir
Edward Dudley, afterwards lord Dudley, was appointed captain of the place,
with a oarrifon of fixty mufqueteers, forty horfemen, and a hundred pioneers.
f Mtn$ On the morning after the furrender of Home-caftle, the Englifh army

marched towards the Tweed ; and palling that river, encamped on the plain
over aoainft Kelfo, between the ruins of the ancient caftle of Roxburgh and
the confluence of Tweed and Tiviot. The protector obferving the ftrong and
convenient fituation of the ruined fortrefs, fet about repairing it, fo as to make
it capable of receiving an Englifh garrifon. The gaps of the ancient walls
were filled with turf; wherein loop-holes were conftructed, fome for fhooting
directly outwards, others in flank ; and a trench was caft and a wall erected,
from the one fide to the other, at a fmall diftance from each end of the caftle *.
So intent was the protector on finifhing this work, that he laboured at it with
his own hands two hours every day while it was carrying on-, and his example
was followed by moft of the principal men in his army. The joint labours of
fo meat a number, rendered the place defenfible in five or fix days ; at the
end of which, the Englifh army difperfed ; having pafied the Tiviot on

J When the Englifh general entered the caflle, they found in it pretty good (lore of ptovifions and
wine ; alio fix pieces of br;ifs cannon, and eight of iron.

Beau^e relates, that lady H^me v. as induced to furrender the caftle by the menaces of the Englifh
general, to hang up her fon his prifoncr; who, for this cruel purpofe, uas brought forth bound in
the neighbourhood of the caftle. Hilt. Campagnes 1548, 1549. p. 78, 79. But the hiftoric
credit of this French writer is much inferior to Patten.

* Thefcheme of the new walls and trenches, according to Patten, was ; " that one great ditch
*' of twenty foot broad, with depth according, and a wall of like breadth, depth, and height,
" fhould be made crofs within the caftle, from the one fide-wall to the other, and forty fco; from
" the weft end ; and that a like trench and wall fhould alfo be caft a traverfe within, about a coit's
" call from the caft end ; and hereto that the caflle walls on either fide, where need was, fhould be
" mended with turf, and made with loop-holes, as well for (hooting diie&ly forwards as for
" flanking at hand."

Michaelmas

ENGLAND AND SCOTLAND. 5 6 3

Michaelmas day, with m fmall danger and trouble -f-, by reafon of fome late Ma "y»

rains which had fwelled that river. While the Englifh were at Roxburgh, a Jn J,

great number of the Scottifh gentry in the fhires of Mers and Tiviotdale came 1547.
into the camp, made their iubmiffion to the protestor, and (wore fealty to t u ,e
king of England j\ The protector alio conierred, in that place, the order of
knighthood on many of the ciiief men in his army *. After the dii'mifTion
of his forces, the protector moved' towards Newcaftle, having left behind him
the lord G>ey as the king's-lieutenant on the borders ■, and committed the cattle
of Roxburgh to the keeping of Sir Ralph Bulmer, with a garrifon under him,
of three hundred foldiers and two hundred pioneers. At the fame time, the
earl of Warwick, lord Grey, and others, went to Berwick to wait the arrival
of certain Scottifh commiflioners, whom the governor of Scotland had pro-
mifed to fend thither; but the time prefixed for the arrival of the commiifioners
elapfed without their appearing; fo that the promife of fending them feemed
only intended to amufe §.

A few days after Somerfet had entered Scotland, by the way of Berwick,
the earl of Lennox and lord Wharton, then warden of the weft marches, Sept. s.
patted thefe marches with a body of five thoufand men ; in the view of alarm- Hoiingihed's
ing and diftrefling the adjacent Scottifh counties, fo as to hinder them from 344, ^i^i.'
fending their fighting-men to join the army of the governor. In this inroad
the Englifh took Caftlemilk in Annandale, and deftroyed Annan ; the church
and fteeple of which were obftinately defended. Of thefe exploits Somerfet
received intelligence while he lay at Roxburgh; and fent from that place to
Lennox and Wharton, letters, applauding and thanking them for their good
fervice. Other irruptions were made in the following winter and fpring from

+ In Patten, and Holingftied from him, it is the Tweed : but this doth not agree with the
fituation of the Englifh camp ; and befides, the river that the Englifh palled, is defcribed as having
a bottom full of ilones, which is true of the Tiviot, but not of the Tweed.

J Of thefe were, the lairds of Cefbford, Farniherft, Greenhead, Hunthill, Hundley, Markcfion
by Merfide, Bonjedworth, Ormefton, Mellerftain, Warmefey, Linton, Egerfton, Maxton, Mow,
Riddel, Reamerfide (probably Beamerfide). Twenty-one more are named of inferior rank or
eftate: among thefe, Robeit Carr of Graydon, Sanders Spurvofe (Purves) of Earlltone, Mark Car
of Littleden, "George Car of Fawdenfide, Thomas Car of the Yair, John Car of Meinthon (perhaps
Nenthorn), James Douglas of Cavers, James Car of Merfington, William Ormefton of Endmarden.
There were many more befide thefe named, of harquebuttars and others. So Patten.

The form of the oath they took is in the collection of papers fubjoined to vol. ii. of bifhop
Burnet's Hitlory of the Reformation, p. 1 1 1. and is as follows : " You lhall bear your faith to the
king's majefty our fovereign lord Edward VI. &c. till fuch time as you fhall be difcharged of your
oath by fpecial licence. And you lhall, to the utmoft of your power, ferve his majelty truly and
faithfully, againft all other realms, dominions, and potentates, as well Scots as others. You (hall
hear nothing that may be prejudicial to his majefty, or any of his realms and dominions, but, with
as much diligence as you may, (hall caufe the fame to be opened, fo as the fame may come 10 his
majefty's knowledge, or to the knowledge of the lord proteftor, or fome of his majefty's privy
council. You (hall to the utmoft of your poflible power fet forwards and advance the king's ma-
jelly's affairs in Scotland for the marriage and peace."

• Of thefe, three were created knights bannerets, viz. Sir Ralph Sadler, treafurer to the army ;
Sir Francis Erian, captain of the light horfemen, and Sir Ralph Vane, lieutenant of the horle.
Forty-eight others were made knights. Patten.

<$ Warwick, and the other commiffioners for treating with the Scots, left Berwick on the fifth of
Oftober. Warwick, while there, created five knights. Patten,

4 C 2 the

5 6 4 THE EORDER- HISTORY OF

Edward vi. t h e fame quarter, and under the fame direction, with various fuccefs. The
. ' " Ensland, 1 counties of Annandale, Nithfdale, and Galloway, were ravaged and over-run ;
1547- and remained for fome time in Subjection to the Englifh government, to which
mod of the principal men of thofe counties fwore fealty f.

The protector and council of England, willing to maintain an air of mode-
a. d. 1548. ration amidft their fuccefies, publifhed, in the beginning of February, a con-
ciliatory addrefs to all ranks and characters of men in Scotland. In this
Grafton's chr. Soothing declaration they reprefented the advantages of a firm and lading union
t^g 9 l". S ' ° hr ' between the kingdoms •, infided on the favourable opportunity prefented by di-
vine providence of accomplishing fuch an union, by perfecting the marriage that
had been folemnly agreed on between Edward and Mary ; utterly disclaimed all
thoughts of conqued, or of edablilhing any kind of Superiority over Scotland ;
and offered to fink their own name, together with that of the Scots, into the
common name of Britons. As a fpecirnen alfo of gratitude and good-will to
thofe who had fubmitted to the king of England, and to all others who
favoured this enterprise, a privilege was promifed them, that had never before
been granted to Scotchmen in any league of peace or treaty between the king-
doms. This was a freedom of commerce, equal in every refpect to that
enjoyed by the native fubjects of England, now to be granted to all mer-
chants and other Scotchmen who fhould enter their names with any warden of
the Englifh marches •, and profefs themfelves, before that warden, to be friends
of the alliance with England and of its promoters.

Whatever force there might be in this declaration, to juftify with impartial
judges, the meafures of the Englifh government, with regard to Scotland,
it is likely the Englifh themfelves had little hope of its making any confiderable
impreffion on the minds of the Scots, rankled as they were with the calami-
ties of the prefent war, added to other violent and inveterate prejudices, both
of a civil and religious nature. Perfifting therefore in forcible methods, and
refolving to maintain their acquisitions on the Scottifh borders, they erected,
in the end of winter and beginning of fpring, a fort at Lauder; the command,
of which, with a fufficient garrifon, was intruded to Sir Hugh Willoughby.
About the middle of April, the lord Grey marched into Lothian with a con-
fiderable body of forces, and fortified Haddington. He alfo took the cadles
of Yeder and Dalkeith *, and ravaged the country as far as the neighbour-
hood of Edinburgh. Having fpent about two months in this inroad, wherein
he met with very~little oppofition, he returned to England, leaving at Had-
dincton a earrifon of two thoufand foot and five hundred horfe. The Scottifh

% This fubmiffion was owing in a great meafure to the intereft the earl of Lennox had with fome
of the great men in thofe parts ; particularly the knights of Lochenvar and Gairlies. Holingfhtd,
Sc. Chr. p. 345.

In the laft of Lennox's inroads, a body of Scottifh horfemen having tieacheroufly deferted him,
and thereby brought him into the greateil hazard, and feveral perfons of note having alfo aban-
doned and fought to betray him, there were feveral of their pledges or hoilages executed at Carlifle,
by order of the Englifh regency, Holingfhed, ib. p. 346.

* In the caille of Dalkeiih, taken June 4th, three hundred were made prifoners, among whom
were of note, the mafter of Morton, ibn-iii-law to Sir George Douglas, the laird of Blengarvie
(Gienbervy), the laird of Wedderburn, and one Alexander Home, a man of good reputation.

5 governor

ENGLAND AND SCOTLAND.

565

T.lrv,

June 16.

governor affcmbled an army to defend his country ngainft the invaders, but Mar
was not ftrong enough to face them. The inhabitants of Lothian, IVL-rs, c ^°J K0,land «
Tiviotdale, Lauderdale, and forefl. of Ettrick, who had accepted the protec- I; ^
tion of the Englilh, and given them their oath of fealty, were iummoned to
join the governor's army ; a remiffion for their pad offences being promilcd to Haddington'*
thole who did fo, unlets they were actually under procefs of treafon ; but at ^ ol . l «^ ion, i and
the fame time thofe who failed, were certified, that they mould be reputed p/57. S pp '
t-aitors.

The lord Grey had fcarce left Scotland, when a body of fix thoufand good
forces, under the command of the Sieur d'Efie, an able and experienced com-
mander, fenr over by the king of France to the aid of the Scots, landed at
Leich. Not many days after their arrival they laid fiege to Haddington. The J ur > e »s.
governor, and leveral of the nobles who were prefent at this fiege, held a par- Ke,th ' p-iS '
liament in the abbey near the town, and there came to a refolution of fending
the young queen over to France. To this the governor had fecretly given his
confem before-, induced by the great offers of honours and rewards made to
him by the French king -j- : and it was in confequence of this bargain, that
Flenry lent over to Scotland fo confiderable a body of troops. But although,
thefe troops difpiayed much both of courage and fkill in the fiege of Hadding-
ton, yet the Englifh garrifon made io relolute a defence, that the fiege was
changed into a blockade. The inland fituation of Haddington, its diftance
from the Englifh frontier, and the range of hills that lay in the way, made
it very difficult for the Englifh to fupply it with necefiaries. One convoy,
efcorted by two hundred horfemen J, got fafe into the place in the night, and Hol ' n £ r - E "@.
brought a moft feafonable relief. But a far greater aid, fent by lord '" p " S94 *
Grey from Berwick, under the command of Sir Robert Bowes and Sir
Thomas Palmer, was totally deftroyed. This difafter haftened the motion of
an army of fifteen thoufand men, which was marching towards Scotland, under
the command of the earl of Shrewfbury, and was attended by a fleet com-
manded by the lord Clinton. The French retired from Haddington on the
approach of Shrewfbury ; who reinforced the garrifon with frefh troops,
and fupplied them with necefiaries of all kinds, after they had been reduced .
to the laft extremities. Marching thence to Muflelburgh, where the French
lay encamped, and where a numerous body of Scots had joined them, the
Englifh general offered battle ; but the army of his adverfaries was now under
a more prudent direction than in the preceding year; and chofe to remain in a
fituation where the Englilh could not fafely attack them. Hereupon Shrewf-
bury foon bent his courfe homewards. As he pafled Dunbar, the German -

f He was promifed the title of tiuke of Chatellurault in France, an annuity of twelve thoufand
livres a year to himfelf, and a company of men at arms to hi- fon. Many of the nob e;, ac this
parliament, it was believed, were corrupted by French gold, which was diilribuied pretty liberally
amongft them.

The French vefiels that brought over the forces under the command of D'EfTe, failed foon after-
wards round by Orkney to Dunbarton, where the young queen embarked for France, attended by
the lords Erlkine and Livingllone, and arrived fafely at Breft. Spotfw. p. 90. Burner, vol. ii.

P- 83. ,
X Under the command of captains Wkdham, Warham, St. Leger, and Jchn Carr of Vark.

mercenaries.

566 THE BORDER-HISTORY OF

Edward vi. mercenaries, of whom he had three thoufand in his army, burnt that town.
o ngan^. ^.^ f ecur j n g the communication between Berwick and Haddington, it was
>54*. judged neceffary to build a new fortrefs at Dunglafs * •, and to defend thofe
employed in carrying on this work, the German mercenaries, together with
fome bands of Englifh horfe and foot, remained there for fome time after the
reft of the army returned to England. The lord Grey, who had accompanied
Shrew fbury in his late expedition, and remained, after Shrewibury was gone,
inverted with the chief command on the Englifh marches, having collected the
horfe ftationed on thefe marches, and carrying alio along with him the Ger-
man foot, over-ran Tiviotdale and Liddifdale, ravaging and deftroying the
country without mercy.

Thefe fucceffes of the Englifh did not hinder the Scots from fuch enter-
prifes as opportunities invited, and were proportioned to their inferior ftrength.
D'Effe failed in an attempt to furprife Haddington, in the beginning of
pec. s6. October-, but in the end of December, the caftle of Home was recovered
chr!"?!^. by a fudden affault made upon it in the night, on the fide where it was
Buchanan, 1 15. ftrongeft, and of confequence mod weakly guarded. An old gentleman of
Lefly.p. sco, fixty, of the name of Home, is faid to have been the firft who mounted the
wall. He was difcovered through the dufk by a centinel, who gave an alarm
to the garrifon. This the old man perceiving, had the addrefs and prefence
of mind immediately to retire, and conceal himfelf with his companions near
the foot of the wall : no enemies being heard or feen, it was concluded that
the centinel had been miftaken ; and his companions in great fecurity retired
to their reft. Upon which Home again mounted the wall, and having ftabbed
the firft he met with upon watch, all the reft of the garrifon did. either quickly
a.d. 1549. fhare his fate, or were made prifoners -f-. Not long after, the fortrefs of Faft-
caftle was alfo taken by furprife. Certain young men of the neighbouring
country, by order of the Englifh governor, had conveyed thither, on horfes,
fome provilions for the garrifon. Having unloaded the horfes, and taken up
the provifions on their own fhoulders, they were allowed to pafs over the
bridge, which joined two high rocks, and to enter the caftle. But fuddenly
throwing down their loads in the entrance, and producing the weapons they
fecretly carried, they Hew the centinels; and being fupported by their com-
panions, who inftantly rufhed after them, the Englifh garrifon were over-
powered, and all of them either flain or made prifoners.

• The author of the hiftory of the Campagnes 1548, 1549, fays, that lord Grey ordered the
fort of Dunglafs to be built on the brow of a hill, but blundered extremely in the fituation ; for
r,o water could be had there, and that hill was commanded by a lefler one, at the diflance of about
fifty paces, fo high that none could fland at the breach (ita) of the fort without laying themfelves
open, not only to the view, but alfo to the battery of that fupeiior ground. P. 63.

f Holingfhed, in Eng. Chron. p. 996. afcribes the luccefs of this exploit to the treachery of
certain afiured Scois, who, ufing to biing victuals to the Englifh, had obferved the difpofition of
their fcouts and watches, with the places of the wall where the alcent was molt eafy : and this is
agreeable to the fhort account of this affair in king Edward's journal, viz. " That Home-caflle
" was taken by night, and treafon, by the Scots." App. to Burnet's Hift. Refor. vol. ii. p. 6.
There is alfo a circumftantial account of it, in Beauge's Hiltory of Campagnes 1548, 1549.
p. 79-82.

The

ENGLANDANDSCOTLAND. 567

The Scottifh regency, apprehending that the Hnglifh intended to fortify Marv >
Jedburgh, lent the French general D'Efse thither to prevent it, and to annoy ^-" ' "' a " '-*
the neighbouring Englifh marches. D'Efse's firft exploit in this expedition 15*9.
was the recovering the cattle of Farniherft, fituated at a f'mall diftance above
Jedburgh, on the weft fide of the river Jed. The Scots exercifed great n\n. cam-
cruelties on this occalion * ; but they exculed them by the barbarous treat- P a / n " ,J4g >
ment the neighbouring country had received from the garrifon of the place. 95.
D'Efse continuing fome time at Jedburgh, made, by detached parties, fome Holin B flied -
fuccefsful inroads into the Englilh borders. In one of thefe incurfions the
caftle of Cornhill, an old houfe of confiderable ftrength, was taken by a
body of Frenchmen, and fpoils found in it of very confiderable value 7-. En-
couraged by the fuccefs of thefe incurfions, the French general himfelf,
accompanied with all his forces, and carrying with him four field-pieces,
entered England. In this expedition he attacked the caftle of Ford, and took
and burnt the greater part of it; but was obliged to retire, leaving unreduced
one of its towers, which was defended by Thomas Car. The French and
Scots are laid, at this time, to have burnt fome villages in the neighbourhood
of Ford. A body of light horfemen J being drawn together to defend their
country, the invaders were obliged to retire; but their retreat was fo well
conducted, that they carried off in fafety to Jedburgh the booty they had
collected, which was very confiderable §. Soon after the Englilh collected a
little army || at Roxburgh, which they intended to employ in driving D'Efse
out of his poft at Jedburgh, from whence he had much annoyed them. But
the French general, receiving intelligence of their defign, and not having
above fifteen hundred foot and five hundred horfe fit for action, retired firft to
Melrofe, and thence into the interior parts of the country, where his enemies
could not follow him **. Notwithftanding the fuccefs that upon the whole

* The Englilh governor, after furrendering himfelf to a French captain, had his head ftruck off
by a Scotchman, whofe wife, it was faid, he had ravifhed. Hifl. Sc. Chr. p. 349, Beauge fays, alfo, ,
his daughter.

•f- Among the eatable?, Beauge mentions large quantities of falted falmon. P. 97.

J Beauge fays, there were more than three thoufand of them.

§ The Scot> who attended the French in this expedition, were thought to have gained by pillage
and booties, to the amount of nine thoufand crowns. Hifl. Sc. Chr. p. 350. It is in the tranfla-
tion of Beauge, only nine hundred, but a cypher has been probably omitted ; and that hiftorian
obferves, that the Scots could not be prevailed on to divide any part of this booty with the French. ■
p. ioz.

|| Lefly calls them, eight thoufand.

** The affronts and loifes which the Eng'ifh fuftained in the inftances above related, feem to Strype, Mem. of
have been much owing to many abufes, and a grievous relaxation of difcipline amongrt their forces Edw. p. 148,
emploved on the borders. Thefe abufes chiefly prevailed among the light-horfemen, whofe fervice '49*
was of the greateft moment in this marauding war. The captains, preferring bafe gain to their
honour and country's good, made falfe mufters, and picked even part of the pay of thofe who
actually ferved under them : the private men, naturally imitating and defpifing fuch leaders, did
not provide themlelves with fuffici?nt horfes and harnefs, nor take any care of thofe they nad ; and
were negligent of repairing to their ports or flandards when called; and left them, as cowardice,
humour, or intereir, dictated. And as their fole objeft was booty, they pillaged the Scots, who
had fubmitted, and been received into the king of England's protection, equally as others. For
remedying thefe diforders, and enforcing the ltn& obfervatioa of duty and difcipline, the Englifh
regency emitted a proclamation in the fpring.

attended

5 6S THE BORDER-HISTORY OF

Edward vi. attended this expedition, D'Efse's army fufFered extremely in the courfe of

, v " ° " B J " ', it, through fatigue, ficknefs, and fcarcity of provilions. The Englifh under

1549- the earl of Rutland, arriving at Jedburgh, foon after the French had retired

HiftOmpa S nes, oyer ^ncrum-bridge', found it defolate, and the houles uncovered. The

Haynes. goods belonging to tiie town were carried to Hundelee, Eoonjedburgh, and

other places. Hundelee, Boonjedburgh, and Hunthill, were next day

ftormed, burnt, and plundered by the Etiilifh ; of whom a party were fent

the fame day to Ancrum-bricige, and drove from it, not without difficulty, a

guard which D'Efse had placed there to fecure his retreat, and protect the

adjacent village of Ancrum. This village, which was a poll of confequence

to the Scottilh border garrifons, was alio plundered and burnt; and on the

day following, the Englifh wanting victuals, retired without lofs or hinder-

ance to Wark *.

In the fummer of this year, the meafures that had been employed by the
Englifh regency, for puriuing with vigour the war in Scotland, were in a
great degree frustrated by the domeftic commotions in their own country,
'i hefe disturbances took their beginning from a proclamation iflued by the
regency for laying open inclofures ; the multitude of which, had become a
great grievance to the poor. The common people thus encouraged to put
forth their hand, to redrefs the injuries they fuftained in temporal matters,
were eafily inltigated to oppofe alfo the innovations in matters of religion -f,
which bigotted or .crafty priefts and monks reprefented as injuries of far
greater confequence. The levelling fpirit did alio revive among the lower
order of people, that had raged long ago, in the reign of Richard II. In quafh-
ing the rebellions thus kindled, particularly in Devonfhire and Norfolk, were
employed a great part of the forces that had been levied or hired for the Scottifh
war. The lord Grey being alfo fent againft the rebels, the wardenfhip of the
eaftern marches, and the lieutenancy of the north, were committed to the earl
■Hoimgflied. of Rutland. The valour and diligence of this nobleman preferved the affairs
Sc r. p. 351. Q £. j^ s countrvmen j n Scotland on a refpectable footing through the fummer,
notwithstanding the violent inteftine diffractions of England. His army lay,
for the molt part, at Dunglafs, as the proper ftation for maintaining a com-
munication between Berwick and Haddington. He befieged Home-caftle in
vain ; a fufficient proof of his want of forces : and after failing in this enter-
prife, he ravaged Tiviotdale, and other parts of the country on the borders,
in punifhment, as was alleged, of the perfidy of the inhabitants, who had
violated the oath of fidelity they had fworn to the Englifh crown £. The only
lofs that is recorded to have been fuftained nigh the borders by the Englifh,

* This little expedition mud have been in May, for the letter giving an account of it is dated
June 1. Haynes, p. 109.

f The reformed liturgy was eltablifhed by the parliament that fate in the preceding winter. An
aft for uniformity in the ufe of it, under penalties, was pafled January 15. Pari. Hilt. vol. iii. p. 234.

% It is probable that many of them had obeyed a proclamation ordered by the council on the 13th
of July; that all perfons ajjured to England ihould, before a certain day, renounce this aflurance,
and report their doing fo to the queen, the lord governor, and council ; certifying to thofe that
foiled, that they mould be purfued as enemies, with fire and lword. Keith's App. p. 59.

during

ENGLAND AND SCOTLAND. 5 6 9

during this fummer, was at Coldingham. At that place were ftationed fome M»fy,
Spanifli mercenaries, under the command of Julian Romero, who being fur- Q ofScotla '" 1 ;
prifed by a body of French and Germans, in the Scottifh fervice, were all 1549.
either made prifoners or flain. U(, '*> t- i°S'

About the middle of fummer the French general D'Efse returned to his
own country -, and was fuccceded in his command by Des Thermes, who
brought over with him from France a confiderable reinforcement. His prin-
cipal employment, for fome time after his arrival, was to obllruct the convey-
ance of fupplies to Haddington ; but in fpite of all lie could do, Rutland,
during the fummer, found means to fupport that garrifon. In Auguft, the
French, encouraged by the violent civil commotions in England to attempt
the recovery of Eoulogne, proclaimed and begun a war with that intent.
This war with France, following the diftrefs and lofs that had been fuftered by
the rebellions at home, difpofed the Englifh regency to abandon Hadding-
ton * ; which they had hitherto retained with fo much difficulty and expence.
Rutland, marching thither in the end of autumn, with a fufficient body of Hoiingihed's
forces, among which were a band of German mercenaries, totally demolished f?To6u'
the fortifications of the place; and, without the leaft moleftation from the oa,t -
Scots or French, conveyed the garrifon, with all their artillery and ftores, to
Berwick.

The Scots, with the help of their French allies, in the month of February a. d. 1550.
following, took by florin the fortrefs of Broughty-Craig, which had
been held by the Englifh. from the time of the battle of Pinkey ; and foon
after this fuccefs, they laid fiege to the fort of Lauder f. Sir Hugh Wil- journal *«.•
loughby had ft ill the command of that place ; and was reduced to great ftraits,
when he received intelligence that peace with Scotland was proclaimed in.
England. One of the conditions of this peace being the furrenderof Lauder
fort, Willoughby was honourably freed from this charge •, and delivered the
fort into the hands of the befiegers, upon their delivering to him hoftages for A P rI1 *«
the conditions of the peace being fulfilled on their fide.

The war that had broke out between England and France, in the end of
the preceding fummer, was of fhort duration. The French found a refiftance
from the garrifon at Boulogne which they had not apprehended ; and were not
able to reduce that place by a long and vigorous fiege, which they carried on
in the courfe of the winter. They alfo knew that the court of England were
endeavouring to draw over to their party, in the defence of Boulogne, the
Emperor, who was at that time very formidable. On the other hand, the
fupport and defence of Boulogne was an intolerable expence to England ; and

• Lefiy fays, that the plague had got among the garrifon, and killed a great number of them,

f On the third of this month, an aft of the Scottilh council was made, appointing Alexander
lord Home to make fearch for certain perfons in the Mers and parts adjacent, who continued under
ajfurar.ee to England ; and had, a few days before, forniihed carriages and carriage-horfes for
iupplying the fort of Lauder. This lord was ordained to apprehend fix of the principal offenders,
and puniih them [capitally ; and for this purpofe was authorifed to hold courts of juflice. Keith'*
App. p. 60.

4 D Warwick,

57°

Edward VI.
K.of England.

V, . „ /

1550.

March 24.
Rym. vol. xv,
f. 2x1.

THE BORDER- HISTORY OF

Warwick, with his accomplices, who had lately driven out Somerfet from his
great offices and power, which they fhared among themfelves, were, for their
own fecurity, defirous of peace. Thefe circumftances brought about a nego-
ciation, which iflued in a treaty of peace, concluded at Boulogne, in the end of
March. The principal object of this treaty was the reftitution of Boulogne to
France ; which reftitution accordingly was inftantly made : but the French
infifting that their allies of Scotland mould be comprehended in the peace,
this was alfo granted ; though with great appearance of reluctance on the part
of the Englifh, who pretended, that their engagements with the Emperor
hindered their giving peace to Scotland without his confent *. The articles
in this treaty relating to Scotland were, that the forts of Dunglafs and Lauder,
which the king of England had built in Scotland, mould be delivered to the
Scots, together with all the ordnance within them, except what had been
brought to them from Haddington ; and that this reftitution mould be made,
as foon as commodioufly might be, and before the fecond payment of the
four hundred thoufand crowns f , which, in the preceding part of the treaty,
were agreed to be paid by France, in confideration of Boulogne being reftored
by the Englifh. On the reftitution of the above-mentioned forts, the Englifh.
garrifons were to be allowed to retire from them fafe and fecure with their
baggage, and the artillery that had been brought into them from Haddington.
It was farther agreed, that if thefe forts ceafed to be in poiTefllon of the king
of England, he fhould be underftood to be free from the obligation by which
he now bound himfelf to reftore them ; and that in place of this reftitution,
and, as it were, in recompence for it, he fhould be obliged, within forty days
after the date of the prefent treaty, to deftroy and rale to the ground the
towns and caftles of Roxburgh and Eyemouth ; which places it fhould not be
lawful for the king of England, the French king, or the queen of Scotland to
reftore and rebuild : And farther, if, according to the abovementioned agree-
ment, the king of England fhould make reftitution of the caftles of Dunglafs
and Lauder, ftill he fhould be obliged to deftroy and rafe the towns of Rox-
burgh and Eyemouth, provided the queen of Scotland required him to do {o t
and, on her part, demolifhed the caftles of Dunglafs and Lauder. To thefe
particular ftipulations it was added, that the queen and kingdom of Scotland
ihould, as confederates of France, be comprehended in the prefent treaty of
peace ; fo that the king of England fhould commit no hoftilities againft them,
unlefs a new and juft occafion were given by the Scots themfelves : and the
queen of Scotland was obliged to certify under the great feal of her kingdom,
within forty days after the date of the prefent treaty, her ratifying and con-
firming of the prefent comprehenfion, and all the articles of the treaty that
related to her or her kingdom : with refervation, however, to the king of

Engk

nd, of all

rights

and

claims againft

France and Scotland •, and to the

* The Emperor's ambaflador afterwards alleged, that the Englifh had broken league with his
jnafter, by making peace with Scotland ; to whom it was anfwered, That it was the French king
who comprehended them, and not the Englifh; any farther than that the latter might not invade
them without occafion. King Edward's Journal, p. 11. April 19.

f This fecond payment was agreed to be made before the 15th of the enfuing Augufl.

2 French

ENGLAND AND SCOTLAND. 57l

French king, and queen of Scotland, of the rights, claims, and defences, **
which they had to oppofe to the former. Q^ofsc otu.,.^

Thele articles of the treaty between England and France being without ijjj».
delay lent over to Scotland, the matter of Arefkine * was difpatched by the R > m -_ *"'•"•
Scottifli regency into England, to notify their acceptance of the faid articles, k.eI*. jou/n,
(Slid to require a ratification of them under the great feal of England, which p< I3 '
was readily obtained. The fort of Dunglafs was alfo given up by the Englilh,
and that fort, together with thole of Lauder, Roxburgh, and Eyemouth, were
demoiiihed, according to the treaty. In this fituation matters continued
between the neighbouring kingdoms for more than a year. The Englilh ffcii.

■ftrengthened their northern frontier, by lending thither the principal captains
who had commanded in Boulogne, together with fix hundred men, of which
two hundred were added to the garrifon Of Berwick. A furvey was alio made
of the forts towards Scotland, in order to fuch repairs and additions as mi^ht
ieem moil expedient; and it was probably in coniequence of this furvey, that
confiderable reparations and additions were fhortly afterwards made to the for-
tifications of Berwick f. The earl of Warwick, foon after the peace with lb. p. n. is,
France, was made warden-general of the north, and had one hundred horfe-
nien affigned him for that fervice at the public charge J : but Warwick chufino-
to remain at court, Bowes continued in his charge of warden § ; and com-
penfation was made to the earl of Warwick for the profits accruing from that
office. A fort of inroad was made by lord Maxwell on the weft border, ib, P . % tt
directed chiefly againft the Grasmes, a Scottifh family who had transferred their
allegiance to the king of England : but Maxwell's progrefs was foon flopped
by lord Dacres ; and, as this incurfion was probably owing to a private feud,
the Englifh do not feem to have considered it as a breach of the comprehenfien.

Jealoufy of the Emperor, formidable to all his neighbours by his ambition
and great power, and particularly to England by his zeal for the Papacy, and
his difpofition to favour the claims of his coufin the princefs Mary, produced
a Stricter union between the courts of France and England. A natural con-
fequence of this union was, a new treaty between England and Scotland, for
deciding and fettling all points that remained doubtful and controverted ; fo as
to fecure the permanency of the tranquillity that now fubfifted between the
nations. The demands of the Scots were propofed to the court of England

* Thomas, matter of Arefkine, was alfo to pafs into France as ambafTador to that court. Among
other inllru&ions, one was, 10 requelt the king of France to fortify and maintain garrifons in
Dunbar, Blacknefs, and the forts of Brouchty and Inchkeith. And it is added, " that the lord
" Home keep the caf.le of Home, and the king to fupport him as he pleafes, becaufe it is our
" charge ; and to (ita) the faid lord to keep the fame as an houfe of war, fo near the borders."

f The charges in fortifications at Calais and Berwick, are mentioned in king Edward's journal,
as a reafon for debafing the coin. And mention is made in the fame journal, of a piece of Berwick
wall falling, becaufe the foundation was fhaken, by working of a bulwark (September 24, 1551).
Edvvard's Journal, p. 28. 35.

j Warwick's fee was 1000 1. per annum, and for each horfeman ten pence a day. Strype,
Mary, vol. iii. p. 28.

§ Bowes, for his good fervice, was to have had a penfion fettled on him, and to have been farther
rewarded. Strype,

4 D 2 i„

57 2

Edward VI.
K, of England.

A. D. 15SI.
K. Edw. Jour.

p. 22. 24.

Kym. vol. xv<
r. i6j.
Strype. Mem.
Edw. p. 262.
Jun- 10.
Rym.ib, p. 265,
Nicholf. LL.
March, p. 56.

THE BORDER

HISTORY

Sorter Laws,
f. 61,

Rym. vol. xv.
p. 271.273.
»8i.

Xdw. Joura.
*• 35«

Sfiypj.
Sept. iS.

in the beginning of 1551, by Monfieur deLaftfai; and this Frenchman was
afterwards one of thole commiiTioned, in name of the Scottifh queen, to
necrociate and conclude the treaty with commiffioners from the king of
England.

Thole commiiTioned from each court having met at Norham *, fubfcribed
a treaty, in the church of that village. In this treaty, the ancient accuftomed
articles relating to the manner of redrefs of Wrongs, and to the intercourfe
between the nations by land and fea, were inferted ; and fome additions were
made, reflecting circumftances that had arifen from the late war. It was
agreed, that the limits of the two kingdoms mould be the fame as they were
before the beginning of the war between Henry VIII. and James V. The
Eno-lifb having, in the courfe of the war, feized the houle of Edrington and
mill belonging to it, commonly called the Caw- mills, as alio its lands, fifhings,
and other dependencies ; for the reftitution of which, no provifion had been
made by the comprehenfion of Scotland in the treaty between England and
France : it was now agreed, that all thefe articles mould be reftored within
four days after the date of the prefent treaty, and that the Englifh garrifon
in the houfe fhould be removed. It was farther agreed, that fuch fifhings on
the Tweed, as the Scots were certainly known to pofTefs, before the beginning
of the war, from the bounds of Berwick upwards to Reddenburn, lhould
now again belong to them, and be enjoyed and wrought by them as formerly
they were •, and that hoftages and captives, on whatever account taken by
either fide, during the war, and ftill detained, mould be difmifTed freely,
and as foon as poffible. To the article, which is the fame as in many-
preceding treaties, ftipulating the delivery of malefactors that had fled from
the dominions of one of the kings, and taken refuge in thole of' the other,
a provifo is fubjoined in the prefent treaty, excepting from this article, the
fubjects of either of the princes, who, favouring the party of the other, had, in
the courfe of the late war, transferred to him their allegiance and fervice. The
article relating to Berwick remains precifely the fame in this treaty, as in all
thofe concluded between the kingdoms fince the year 1491. This treaty was
ratified by Edward before the expiration of the month in which it was made,
and by the governor of Scotland about the middle of Auguft following.

In the end of the preceding February, Henry Grey marquis of Dorfet, was
appointed warden of the marches towards Scotland -f- ; but the diforders that
prevailed in that quarter made his charge fo difagreeable, that feven months
were fcarce elapfed, when he refigned it into the king's hands. It is probable,
his refolution to make this refrgnation was promoted by the earl of Warwick,
who had an entire afcendant over Dorfet, and was defirous, among his other
fchemes of ambition, to refume into his own hands an office of fo much con-
fequence. Warwick immediately fucceeded to the wardenfhip ; and, not

* The Soattifh commiffioners were, Robert bifhop of Orkney, Robert lord Maxwell, Thomas
matter of Erfkine, and Louis de Sc. Gelais lord of Lanfac, knight. The Englifh, Thomas bifhop of
Norwich, Robert Bowee, Leonard Beckwith, and Thomas Chaloner, knights.

-f The fame authority fays, he had three fub-wardens ; the lord Ogle in the eaft, and the lord
Canters in the weft marches.. The middle-warden not mentioned.

many.

England and Scotland. $73

many days after, was created duke of Northumberland * ; the marquis of Miry,
Doriet being at the fame time made duke of Suffolk, and others of Warwick's <*-^^
creatures receiving high titles and offices. The violent prcfecution and death 1551.
of Somerlet followed foon after ; by which the power of Northumberland was oa ' tu
eftablifhed during the remainder of Edward's reign. Northumberland's
popularity in England was much inferior to what Somerlet had enjoyed ; which
made it the more neceffary for him to court the friendfhip of France and
Scotland. A grateful office was done about this time, by the court of Eng-
land to each of thefe powers, in the hofpitable. reception which that court gave
to the queen-dowager of Scotland; who, after a vifit to the court of France,
where fhe flayed more than a year, palled through England, in her return
towards Scotland ; and having been entertained by king Edward, with every
demonflration of refpect and kindnefs, was attended by perfons of rank, in
all the Englifh counties through which fne palled, until fhe arrived, about the
end of the year, on the frontiers of Scotland.

Early in the following year, it was agreed between the court of England A - D - T 55s«
and the French ambaffador refiding there, that an effectual remedy fhould be P . 45, "'
applied to a perpetual fource of contention between the Englifh and Scots ;
which arofe from a fmall tract of ground, commonly called the Debatable
land f, fituated between the rivers Efk and Sark, on the extremity of the p/!",^ '"'
weftern border. As no authority was exercifed in that tract by the kings of
either nation, it naturally became a place of refuge for the moft abandoned
criminals after their expulfion or flight from their own country. From thence
they made their plundering inroads into the countries adjacent on either fide,
and thither they retired with their booty •, and often by fear or favour induced
the neighbouring inhabitants to be partakers of their crimes. It was firfl
propofed, that, agreeably to an article in the treaty of Norham, that diflrict Haynes, p. n*
fhould be wholly evacuated and laid wafte ; but it was afterwards thought
better to make a divifion of it between the kingdoms. For this purpofe, after f^'/ 011 " 1 '
fome fcruples and delays, commifiioners appointed by each of the powers, Sept. 24.
met on the fpot, and agreed on a line to be marked by a ditch and march-
ftones -, the ground of one fide whereof was thenceforth to belong to Eng-
land, and that on the other to Scotland J.

In the months of July and Auguit of this fame year, the duke of Nor- Border Law»,
thumberland, in quality of warden-general of the marches, made a diligent p ' H2 '
furvey of them in perfon ; adminiftcring juftice in the warden-courts, kept at
Newcaftle, Alnwick, and Carlifie, and infpecting the fortrelfes formerly

• In Strype's memorials, there is an account of Northumberland's commirlion. It gave him as
ample authority, as had been ufed to be given thofe bearing this office, in the reigns of Richard II.
Henry IV. Henry V. Henry VI. Edward IV. Rich.'.rd III. Henry VII. Henry VIII. appointing
him to the fame, well fortified with weapons of war, for the fafe-guard of the king's liege people,
and the fure defence of the town and catlle of Berwick, and to ordain, appoint, and coniUtute
under him a fub warden; and to have the pre-eminencies, liberties, and commodities, belonging
to the fame office, &c,

f Terra coKtsntiofa.

% The ratification of this divifion was given by the governor of Scotland at Jedburgh, Nov. 9.

erected,

574

Edward VI.

K, of Lngland.

Edw. Journ.
p. 59.

July jo.

lb. p. 61.

Border I. awe,
App. No, 3. .
£>. 141.

THE BORDER-HISTORY OF

erected on the borders, and one, which was then erecting at Berwick *. Many
diforders were every where redrefil-d by him, and fuch a police and difcipline
partly reltored, and partly anew introduced, as feemed necefiary to prevent or
correct the enormities that every where prevailed. To maintain and carry on
thefe reformations, he made choice of the lord Wharton as his deputy-warden
over all the marches, and this lord had deputies under him for each of the
divifions. Wharton received the king's commiffion from Northumberland at
Newcastle, on the 12th of Auguft. And Northumberland returning to court
about the end of that month, and ftill intent on the bufinefs of the north,
procured an order to be made, that for the better ftrengthening of the
marches, no one man fhould be pofieffed of two offices j in confequence whereof,
Sturley who was, at the fame time, captain of Berwick, and warden of the
ealt marches, refigned the latter of thefe offices to the lord Eure.

Wharton appears to have feconded the views of his principal with great
affiduity. About the middle of September, he held a confultation at New-
cafble with his deputy-wardens f, the captains of the border fortrefTes, the
fherifF of Northumberland, and about thirty gentlemen of the marches, who
had the beft reputation for wifdom and experience. At this meeting, feveral
articles of difcipline were eftablifhed or revived. Watches were appointed
in each of the marches both by night and day, according to the ancient
cuftom. The places to be watched, which were either pafies by land, or the
fords of river?, were particularly mentioned, as alfo the adjacent townthips
that were to furnifh the watchmen. The numbers alfo of thefe in the feveral
polls were fixed ; and the principal gentlemen in the neighbourhood, or the

* Strype relates, that Northumberland, in a letter from the marches, advifed that fome new forti*
fkations (hould be made in Berwick, and that fome unnecelTary expences there fhould be
retrenched. In anfwer to which, the king declared his approbation of the duke', opinion. Memor.
vol. iii. p. 359, 360. In a minute of fecretary Cecil, containing an account of the king's debts
in 1552, one article is 6cool. to Berwick. Haynes, p. 127.

The foit then erecting at Berwick was contrived to have four bulwarks ; for making two of
which the wall w«s to have been left open, on the enemies fide, a great way together. But as
this was both dangerous and expenfive, it was refolded, that the wall fhould be itrengthened by a
rampart and two flaughter-houles, to fcour the outer curtains ; and that a great di:vh intervening,
another wall fortiiied, in the fame manner, fhould be erected within the former. Edw. Journ. p. 59. It
is afterwards obfetved in the fame journal, that Sir Nicholas Sturley was appointed (0&. 6.) captain
of the new fort ;.t Berwick, Alexander Brett porter, and one Rokefby mariTial.

As to the works, no veiliges of them now nppearing, it is probable they were wholly effaced by
the new fortifications made in the beginning of queen Elizabeth's reign.

f Lord Eure was deputy-warden of the ealt marches, lord Ogle of the middle, and Sir Thomas
Dacre of the welf. Tnus they appear in the meeting held at Newcaftle 12th and 13th of Sept.
in this >. ear (Border Laws. p. 14c.); but according to King Edward's Journal, the wardenfhip of the
weft marches was given to Sir Richard Mufgrave, in the end of Auguft; and Nov. 20, the lord
Ogle ieavi- g the wardenihip of the middle ma. ches, was fucceeded in that office by lord Liure, whole
land lay there, and who had 600 merks for his fee, and Sir Thomas Dacres was made deputy-
warden of the eaft-m;.rchet, with the fee of 500 merks. Strype, in hs memorials, of Edward,
p. 49S. meni ; ons three commiffions of deputy-wardens, dated in December, that of deputy-
v. ari n of the ealt. marches to Sir Nicholas Sturley, With tfre fee of 700 merks per aim. and fur two
deputies 10 1. per ann, the deputy-wardenlhip of the weft-marches to lord Comers, with the fee
if I merks per ann. ,.nd that of the middle-marches to lord Ogle, with the fee of 500
rae:ks ; both having the fame allowance for deputies, as in the wardenihip of the eaft-marches.

officers

ENGLAND AND SCOTLAND.

575

M'ry,
Q^ of Scotland.

lb. p. 199.

Border Liws»
p. 144. ais.

officers and tenants of the king, were appointed overfeers, to let and fearch
thefe watclies, and to report from time to time the ftate of them to the deputy
warden, whole refidence was then at Alnwick. In the eallern march, where
the extent of country and number of places to be watched, were much lmaller
than in the weftem, and efpecially than in the middle-march, the whole
number of watchers by night, according to Wharton's eftablifhmenr, was two
hundred and three, and that of the day watchers feventeen. But behY.es
thefe, every one of the townfhips was required to have a man to watch nightly
for itfelf; and other towns omitted in the prefent regulation, were ap-
pointed to fet their watch in places in their neighbourhood, where it leemed
mod: necefTary, as their bailiffs and conftables ihould determine. It was the
bufinefs of thefe watchmen, on the approach of fufpected perfons, to give the
alarm, by blowing a horn, or making a fhout or outcry; and when the alarm
was given, all men on horfe and foot were obliged to follow the fray with,
hue and cry upon pain of death. Thofe who 011 fuch occafions feized the
offenders, whether Englifh or Scots, were to be rewarded according to their
merits, by the warden-general, his deputy, or both. When goods were
refcued, and the thief not taken, the goods were immediately to be reftored
to the owners •, and if they could not agree with the refcuers about the price
of refcue, this was to be fettled at the firft inftance, by the officers, bailiffs,
or conftables, of the towns from which the goods were ftolen ; whofe judg-
ment, if not acquiefced in, was fubjected to the review of the neighbouring
juftices of peace. Thofe who allowed an offender to efcape, were to be im-
prifoned, and to fuffer as felons. All perfons that came within the limits of
the watch were to be examined, and, if known by the watchers to be good
men, might be allowed to pafs ; but if unknown, were to be brought before the
bailiffs and conftables; to whom, if they could not give a fatisfying account of
themfelves, they were to be fent to the king's gaol, there to remain, until they
were tried by the warden-general or his deputy, or by the juftices of the peace
in the country. Thefe watches were to begin on the ift of October, and to !<»• p» "«K
continue to the 16th of March ; power being left to the warden-general or his
deputy, to vary thefe times, according to their difcretion ; and each night they
were to be let at the departing of day-light in the evening, and to continue
until its return in the morning; as the day-watches were to continue from day-
break in the morning, until the evening twilight.

With the fame views of promoting the fecurity and good order of the
marches, and of bringing offenders to juftice, it was enacted at the fame meet-
ing, that no perfon fhould harbour or aid any fugitive or malefactor of either
nation ; but that, on the contrary, all perfons fhould give information of
thieves or refetters of theft, to the general or particular deputy-wardens, or
to the fheriff of the county, where the informers refided. All practices witli
rebels, thieves, and murderers, were prohibited, and informations concerning
practices of that kind which had been carried on, within a year before the
prefent confultation, were ordered to be given to the deputy-warden-general,
within twenty days. The particular deputy-wardens were appointed within
feven days, to deliver to the deputy-warden-general, an account of all deeds

Bolder Laws-
P. »44« 1

£7 6 THE BORDER- HISTORY OF

Edward vr. f violence or injuftice, committed againft cither Scots or Englifh. Days of
^ ° _ n j *"_; marches were appointed to be ftricTtly kept, and all the marchers to attend the
«j{*. deputy-wardens at thefe meetings. Officers, captains, and gentlemen, were
enjoined, within twenty days after this confultarion, to be in their proper
ftations, or at their houfes, if any were now abfent from them ; and alio, to
fee their foldiers and tenants immediately provided with good horfes : and all
perfons were prohibited to converfe with any Scotchman, unlefs by licence
from the deputy-warden general, or particular wardens, within their own
diftrifts.

But befides the provifion that was made for the peace and fecurity of the
marches, by the above defcribed order and difcipline, eftablifhed among their
inhabitants, methods were alfo contrived to render the face of the country
Border Laws, more defenfible, as well as more inacceffible and unfafe to banditti and
r ' tl% ' marauders. For this purpofe, orders and commiffions were fent by the lord

Wharton to proper perfons to flop and deftroy fords * in rivers, and narrow
paffes by land •, fuch only being preferved as appeared moft neceffary ; and in
this work, the inhabitants of the adjoining country were required every where
to obey and affift. Another method devifed for ftrengthening, and at the fame
time for improving the country, was to inclofe, with hedges and ditches, all
arable meadow or pafture grounds f; as the plundering banditti would be
thereby incumbered in their career, and the labour of watching the country
greatly leffened. To direct the proper places, and other circumftances of
thefe enclofures, fome of the moft confiderable gentlemen within the
»io,'xtu boundaries of the eaftern and middle marches, in the feveral diftriefs where

fuch works were to be carried on, were put in commiffion, and properly
authorized, for executing their charge. From thefe coinmiffions, and alfo
from the appointment of watches, it appears that the country accounted at
ib. P . us.au. t jj at time t0 k e included in the eaftern march, extended fouthward to the river
Alne near its mouth, to Hebburn on the Till, and to Langley Ford, fituated
at the foot of Cheviot, not far from the line dividing the two kingdoms.
lb iS Such were the eftablifhments introduced or enforced in confequence of

&c. ' ' Northumberland's furvey of the marches, and under his aufpices as warden-

general. But the ftate of the Englifh marches at that time receiveth fome
additional illuftration from certain propofals made by Wharton, for further
improving their order and fecurity. For this purpofe, he recommends a care-
ful choice of officers ; and the refidence of thefe officers on their proper
ftations. With regard to the inhabitants, he propofeth that they (hall
confift, either of fuch as were poffeffed of land fufficient to maintain good
horfes, which, at certain times, fliould be muttered ; or of fuch as fhould be

* Eefides a great number of fords to be watched along the Till from Tweed to Hebburn, in its
courfe through the bounds of Ford, Fenton, Doddington, Weetwood, Horton, Lyem, Chatton,
and Chi'Hngworth, there were thirty-nine fords to be dammed and ftopt by the tenants of thefe
townfliips ; becaufe they were not able to watch them, and the Hopping of them was thought
practicable. Border Laws, p. 212.

f The ditches were appointed to be five quarters (forty-five inches) in breadth, and fix quarters
{fifty four inches) in depth ; aud to be double fet with quickwood, and hedged above three quarters
high.

employed

ENGLAND AND SCOTLAND.

577

employed in tilling and fencing the ground. What he propofeth, in par- m-t.
ticular, with regard to the eaft marches, is, that either Ettal or Ford fhould ' ■ 8f J^ l '*j
be repaired •, and that the refidence of the deputy-warden of the eaft-marches 1551.
fhould be at Ettal *. He obferves, that Berwick, Norham, and Wark, being
the king's, and in time of war able to receive horiemen, might be of great
fervice. He propoles alio, that there fhould be a good body of horiemen in
the fortrefs of Wark and lordlhip of that place-, or that a fortrefs provided
with horiemen fhould be erected in fome proper fituation, between Wark and
Cheviot; and obferves, that by the means of thefe fortrefTes, and a proper
difpofal of farms, to luch as fhould keep good horles, that march, which was
accounted the weakeft, would become ttrong. The cattle of Norham, with
the adjacent lands which had belonged to the bilhop of Durham, had now
become the king's -J- : and this with fome other inflances of the like nature,
"Wharton propoles as an example to be followed with relpect to other fortrefTes,
fnuated on the extreme parts of the marches. The memorial, containing the
above propofals, concludes with a molt equitable one •, that the fovereign
authority of both kingdoms fhould be exerted to compel officers and minifters
to make redrefs as they were bound to do by the treaty, without colour or

* Ytall was, at that time, the king's; and Ford belonged to the daughter and heir of Heron,
whom Thomas Carr had mairicd. Border Laws, p. 231.

•f- Or was about to become fo; for Wharton's expreflion is ambiguous. Norham mud have
fallen into the king's hands, on the deprivation of Cuthbert Tunflal bilhop of Durham, which
happened Ott. nth of this year. The fimilar inflances given are thofe of Harbottle, which had
been the inheritance of lord Taylbufh, and was now become the king's; and Bewcaflle, which was
Middleton's, but is faid, now alfo to be the king's. Border Laws, p. 231.

Wharton farther recommends a warden-general, for the chief adminiftration of all border affairs,
and Hexham for the place of his refidence. He obferves, that the weflern march was fo lirong in
fortrefTes and inhabitants, as to be greatly an overmatch for the adjacent countries of Scotland ;
and that the middle marches had fo much natural ftrength from the mountainous and barren country
between them and Scotland, that, with a moderate degree of attention in the officers, and of
difcipline amonglt the inhabitants, they had little caufe to dread the inroads of their neighbours.
He propofeth the caflle of Harbottle as a convenient refidence for the deputy- warden of the middle-
marches, efpecially in winter, and that it fhould be repaired for that purpofe.

It may not be improper here to obferve, that, befides the other methods of eftablifhing good
order among the inhabitants of the north, care was taken to inftruft them in religion. For this
purpofe, two of the king's chaplains were employed as itinerary preachers; one of whom was the
famous Scottifh reformer John Knox, who, upon his efcape from his captivity in France, (to which,
kingdom he was carried over a prifoner with the reft of the garrifon of the caftle of St. Andrews,)
fled for refuge into England, in the winter 1547-48, and was fent by archbifhop Cranmer, or
the duke of Somerfet, to preach at Berwick, and was afterwards, according to his own account, a
preacher at Newcaflle, remaining in each place two years. Strype, with fome probability, thinks
him one of the fix chaplains of the king, eftablifhed in the end of 1551, four of whom were
employed as miffionaries in different parts of England ; one of their diftri&s being the marches
towards Scotland. It is certain, that he gave great offence to the friends of the old religion, by a
fermon preached againft their obftinacy at Newcaflle, on Chriflmas 1552. An annuity of 40I.
was allowed him by the government for preaching in the north. Some months before Edward's
death, he went to the fouthern parts of England and preached fometimes at court. Knox's Hid,
Ref. p. 85. 289. Strype's Mem. vol. ii. p. 235. 388. 533. Edw. Journ. p. 42.

From a letter of the duke of Northumberland, dated Nov. 23, 1552. It appears, that the
duke defired to have Knox removed from Newcaflle, on account of the refort of Scotchmen to him
in that place.

4 E delay J

57 8 TH£ BORDER- HISTORY OF

EdwsrJ vi. delay •, fucli conduct being alike honourable to themfelves and beneficial to

K. of 'England. , •

, Jl , their country.

1552. Whillr. this care was bellowed on the marches of England, thofe of Scot-

" ol cbr" Cd ' 8 - , ^ anc ^ were not wholly neglected. For the governor, after having, in company
teiiy, with the queen-dowager, made a progrefs in the fummer for administration of

juftice. into the north and weft parts of the kingdom, came in the autumn to
Jedburgh, attended by feveral of the nobility. His view in this journey was
to reduce to order the banditti on the eaftern marches, who had lately com-
mitted great exceffes in driving booties of cattle from their neighbours in
England. The officers of the marches, who had connived at thele offenders,
he removed from their places ; and obliged the families of that diftrict to put
into his h ail ds fome of their number as pledges for their future good be-
haviour. He alio conferred, at that time, upon feveral gentlemen of the
f«) The chief of country, the order of knighthood (#), as the reward of paft, or incitement to
iairds ofcefsford f uCure honourable conduct. But foon after, the inteftine peace of the borders
Famiherft, was difturbed by a murder committed in Edinburgh, on the perfon of Scot of
denkrl""' C<>1 Buccleugh, one of the knights lately created, by his enemies the Kers. The
Greenhead, and latter were in league with the Homes ; and lb formidable was this conjunction,,
id" jour p. 65. tnat the governor fummoned an army to go againft them. But by the favour
HoKnpfhed's c f the queen-dowager and of the French faction to thefe two families, an
Haj nes',' p. if o." expedient was uied to fave them from the danger that threatened them. This
was to fend over five hundred light horfemen, commanded by the Homes and
Kers, to the fervice of the French king, who had for fome time paft been
engaged in war with the Emperor : and a body of five thcufand foot accom-
panied) them under the earl of CaiTils.
A D ,- t The following fummer was a very unfortunate one to England, by the lofs
July 6. of its admirable young monarch Edward VI. and the fucceflion of his fifter
0.0? England. Mary-, who was no- lefs the oppofite of her brother in religion, than in moft
of his amiable qualities. The event of Edward's death, lo much defired by
the duke of Northumberland, as a foundation for eftabliihing an unbounded
authority in himfelf, by the advancement of his daughter-in-law, lady Jane
Gray, to the throne, proved the mean of precipitating him from his im-
moderate greatnefs into utter ruin. Along with his other fchemes, fell that o£
Strype, Mem. aggrandizing himfelf in the north, on the ruins of the Percy family, and the
+oi. 41*. 429. fuppreffion of the, bifhoprick of Durham*: the Palatine dignity and power
w>i, in. p. *s. f w hi cn diocefe, had been granted to him in May, as he had before obtained
grants of many valuable lands and lordfhips in the counties of Durham and.
Northumberland 7. The

* The bifhopric of Durham was diflblved by an aft of parliament paiied in the fpring of this
year. The fame aft gave the king power of erefting by letters patent two new bifhopricks, one at
Durham, the other at Ncwcaftle, in the room of the fupprefied one. (Pari.. Hift. vol. iii. p. 269.)
Northumberland, after this aft, or perhaps alter TunltaU's deprivation in the preceding Oftober,
had taken pofleffion of Durham houle ; for there the rnarnaoe of his fourth fon loid Guilford
Dudley with lady Jane Gray, together with the marriages of lady Jane's two filters, and of Nor-
thumberland's daughter, were celebrated on the 21ft of May.

f He was alfo made lieward of all the honours, caflles, lordfhips, and lands, in the counties of

Northum—

ENGLAND AND SCOTLAND. 579

The bigotry and pride of Mary, engaged her, immediately after mounting Ml, y..
the throne, in the work, of reltoring by cruel and arbitral y meafures, the *° C - 1 ;V
Komifli fuperftition. This refolution, together with the project of marrying ijjj.
her coufin Pnilip of Spain, which ibon became known, excited grievous
difcoments in the greatelt part of the nation-, and made it highly expedient
for her t) cultivate peace with Scotland. Several excefies had been lately
committed by her fubjects againit their Scotnfh neighbours, which were re-
preiented by Rofs herald *, fent on purpofe to England by the Scottifh Keith's a,->.
regency, to Noailles the French ambafiador then refiding at London. This
ambafiador was requelted to explain thefe matters to the queen and miniftry of
England, and to folicit an appointment of commiffioners from England, to
meet with others from Scotland, in order to fettle, in the ufual manner, the
points in difpute. His folicitations appear to have been readily hearkened to.
For, in the beginning of November, commiffioners nominated by the queens
of each nation, met at Berwick -f. In the indenture or treaty fubferibed by Nov. 6.
thefe commiffioners, on the fourth of the following month, feveral things are ^fdST.**
contained that tend to iilultrate the police of the borders, and by which this
police feems to have received fome improvements.

It being found, that, through neglect or default of the officers, a great
number of treipaiTes committed within the eaft and middle marches of both
realms ftill remained unredrelTed, it was agreed and ordered, that the wardens
mould hold their meetings J, in places accuftomed and convenient for mutual
and fpeedy administration of juftice. And for carrying on this neceiTary work
with greater difpatch, a new method of proceeding was devifed : perfons ag-
grieved were to deliver bills of their complaints to the wardens of the march,
where they dwelt. By the warden,' thefe complaints were to be inrolled ; and
the rolls to be tranfmitted to the oppofite warden, in whofe diftri<5t the perfon
complained of refided. The warden lalt named, was, upon this information,
to make the molt exact inquiry he could into the truth of the charge ; and to
caufe the perfons accufed to be arretted by his ferjeant and brought before him,
to anfvver for their conduct. If they were not immediately to be found, they
were to be arretted, to make anfwer at the next march-meeting, where the

Northumberland, Wcftmoreland, and York, or any other where in the bifhoprick of Durham, for
life. This grant was dated in April 1553. Strype, vol. iii. p. 422. 507.

He had likewife procured a gift of the town of Alnwick, &c. dated in Dec. 1551. Strype,
p. 499.

* The inflruflions to the heiald, to be fhewn to Noailles, are in Keith's Appendix, p. 68.
publithed from the records of the Scottish privy council. They have not, as there publifhed, any
date. But it appears from an article in them, that they were drawn up after the 24th of Augult.

In the minuies of the Englifh privy ccuncil, in the beginning of Mary's reign, mention is made
of a letter to Richard Norton efq; captain of Berwick, with inltruftions to fuffer the French king's
fubjefts to pafs undifturbed into England ; but if the Scottifh queen, or any of her officers, fhould
require him to allow any Scot to pals without fafe-condutt or pafs-port, that he fhould by no means
do it, but yet fhould give gentle words, excufing his compliance by his being an inferior officer.
Haynes, p. 183.

f The Englifh commiffioners were, Sir Thomas Cornwaliis, and Sir Robert Bowes ; and thofe
from Scotland, Sir Robert Carnegy of Kinnaird, and Sir John Bellenden of Auchnowl, Keith.

The accounts of this treaty in Holingfhed, Ltfly, and Keith, are very imrerfeft.

I Days of Tiewes,

4. E 2 warden

5 So TH.E BORDER- HISTORY OF

Mary, warden and affize adjoined to him, confiding of fix chofen by himielf, and
0_of England.^ fix nominated by the party plaintiff, mould either fuftain the bills of com-
, S 53. plaints *, or give fome other lawful return, according to the laws and culloms
of the marches. And where, by any of the wardens, bills of complaints had
been, or fhould be fuftained, and yet no lecurity or compenfation given, for
the redrefs of the injury complained of, this defect was to be iupplied at the
next march-meeting, by the delivery of a perfon whom the warden mould
engao-e to be a fufficient pledge, who fhould remain with the party injured
until the injury was fully redreffed. In this manner of proceeding f, either
warden, was, agreeably to an ancient regulation of the marches, to difcuis in
alternate order a like number of bills of complaints, as long as both parties
had fuch bills to produce ; but if there fhould be a greater number of bills in
one fide than on the other, the furplus of bills on either fide was alfo to be
difcuffed, in the manner above explained. It not being intended, however,
by the method of proceeding now adopted, to abrogate or alter the ancienc
laws and cuftoms of trial in the march courts, the commiffioners declared,
that the order at prefent made by them for fuftaining or rejecting bills of com-
plaints upon the honour of the warden, was only meant to extend to offences
committed fince the ratification of the laft peace, and before the date of the
prefent treaty. And it was alfo provided, that in cafe the plaintiff found
himfelf aggrieved by the warden's rejecting his bill, through defect of evi-
dence, he might afterwards profecute his complaint, and feek juflice from the
fame warden,' or any other fucceeding him in office ; and that on this fecond
complaint, his caufe fhould be tried by an aflize and lawful proof, according
to the ancient laws and cuftoms of the borders •, notwithltanding his bill had
been once rejected by a warden upon his honour.

Some feizures of fheep and other cattle J, belonging to Scotchmen, having
been lately made by certain Englifhmen, on pretence of their being found on
Englifh ground, and the matter being examined by the commiffioners, the
Englifhmen were found to be in the wrong •, wherefore, the wardens of the
middle and eaft marches were ordered to caufe the fheep, or the juffc value of
them at the time they were taken, to be reftored to their owners before the
next Candlemas ; and two arbitrators of each nation were appointed to adjuft

* This was called filing the bills, or finding them foul. See Nicholfon's Border- Laws*
p. 73,74,.

-f The warden proceeding in this manner, was faid xo/feir, file, and deliver, upon honour. Ti
fpeir, fignifies to inquire.

J Cuthbert Mufgrave, captain of Harbottle caftle, John Hall, and certain accomplices, h id
ftized (heep and other cattle belonging to George Ker of Gatefhaw, in Tiviotdale, Richard
Davidfon, and others; and Thomas Clavering, with other fervants of Mr. Ralph Grey of Chil-
lingham, warden-depute, had taken away fheep, the property of other Scotchmen. Border Laws,

P' 75-

The inftrufrjons for Rofs herald fay, that Cuthbert Mufgrave, in the month of July lad, came
--vith five hundred Englifhmen, at ten o'clock forenoon, to the lands of Yetholm, and Kirk
Yetholm in Scotland, and feized and carried off three thoufand five hundred fheep, and five
hundred nolt, whereof Grey the deputy-warden refufed to make redrefs; alleging, they had atled
by order of lord Wharton, warden-depute of all the marches, under the duke of Northumberland*
Keith.,

any

ENGLAND AND SCOTLAND. 5 8i

any controverfies that might arife about the difference of the prefcnt value of Mar >'»
the goods, from their values when feized f. A new order was alio made for ^ L'!^!!^
preventing trefpafles by the inhabitants of either realm on the adjoining "~~J55>
grounds of the other. When fuch trefpafles were knowingly and habitually
committed, the owner of the ground on which they were committed, or in
his default the warden of the marches where the ground lay, was impowered
to caufe the cattle to be feized and impounded. The price to be paid for
their ranfom was a penny fterling for every head of black cattle, and a penny
Scots for every fheep. On every new offence the penalty was to be doubled,
until it arofe to two fhillings fterling for every nolt, and to fix pence fterlino-
for every fheep J ; when it had arifen to this higheft rate, it was to continue at
it, for offences committed during the remainder of the current year. But on
the commencement of the year following, beginning at the loweft rates before-
mentioned, it was, for repeated offences, to be carried up to the higheft ; and
fo in fucceflion from year to year; it being hoped, that fuch heavy penalties
would effectually oblige offenders to keep their cattle within the bounds of their
own realm.

In the fequel of the treaty, decifions are given in controverfies relating to
certain fifhings on the Tweed ; and a method eftabliftied for fecuring the
proprietors of fuch fifhings, on either fide, againft impediment or difturbance
in their pofieflion of them, from thofe on the other. Richard Bowes, captain
of Norham, had availed himfelf of the fituation and force of his caftle, to
feize a fifhing, on the Scottifh fide of the river, that belonged to lord
Home*; which Bowes continued to hold fince the conclufion of the peace.
But he was now ordered to reftore it, and to pay to lord Home a fum judged
equal to the produce of it during his violent poffeffion. The priorefs of the
convent of Coldftream had alfo confirmed to her, the pofieflion of a fifhing
on the Englifh fide of Tweed, which was claimed by the Englifh proprietor

f Lord Eure was then warden of the middle marches; and the arbitrators, or compofitors
(as they are called in the treaty), xvere, Sir John Forfter knight, and Robert Colinwood Englifh-
men ; and Sir Walter Ker of Cefsford, and S.r John Home ot Coldenknows, Scotchmen.

J Hence it appears, that, at that time, Englifh money was in value to Scottifh as four to one.
The fame with Patten's proportion mentioned in a former note. But fucceffive doublings of the
fines from a penny upwards do not at any Hep amount to twenty-four pence ; i, z, 4, 8, 16, 32.

* The name of the fifhing was Haly-ivell, which name it fiill retains. It lies along the fide of
the green plain, where the nobles of Scotland fwore fealty to Edward I. Bowes was ordered to
pay to lord Home, for the profits of it received by him fince the peace, 33 I. 6 s. 8 d. Tt appears
f;om the above- quoted inltructions to Rcfs herald, that the fifhing of Haly-well had been actually
rcftored to lord Home on the 23d of June 1551, and had been peaceably poffWTed by him for eight
days ; but that then the captain of Koiham had driven his fifhermen from it, by fhooting at them
fiom the caltle. In cafe the Englifh minifters fhould allege that this fifhing had, in confequence of
its vicinity to the caftle wall, been always fifhed by the captains of Norham, even in time of peace,
thefe captains only paying a rent or mail for it in filver to lord Home. The French ambafTador
was inftrufted to reply, that the lords of Hume had always been in ufe, in times of peace, to fifh it
by th;ir fervants, aud to carry away the fifh ; that the only inftance of its being let to the captain
of Norham, was by the late lord Home, and that for a fingle year : and it was farther affirmed, that
fuch holdings in leafe the pofiefijons in the one kingdom by the fubjecls of the other, was contrary
to the laws of the realm.

5 8 2 THE BORDER-HISTORY OF

Mmv, f t ] ie adjacent ground -f. To thefe particular decifions a general order was
^7° _ "i added, declaring it to be lawful for any perfon difturbed in the poffrffion of his
J «S3- fifhing, by any fubjeclof the cppofite kingdom, to complain to the warden of

the marches where the offender dwelt. On receiving this complaint, the
warden was to oblige the perfon complained of to appear at the next march-
nieetins;-, where, if the offence was proved, the offender was to pay twenty
{hillings for every tide wherein he had obftructed the plaintiff's filhing; and
to be delivered to him as his prilbner, to be detained with him until the fine
ftiould be paid J.

The manner of proceeding eftablifhed by treaties of peace, for bringing to
punifhment the perpetrators of murder or flaughter, was appointed to be
itrictly obferved ; the negligence of officers in that refpect having been the
occafion of grievous enormities. In cales where hurts or wounds were received,
complaints were to be made, and the offenders to be arrefted, in order to their
appearance at the march-meetings, as in cafes of theft, robbery, or fpoil;
and the trial was to proceed in the fame manner, until the bills of complaint
were either fuftained or rejected. The damages were to be eftimated by the
■wardens, affiled by fix gentlemen of good repute of each nation ; thole of the
one nation being named by the warden of the other. The offender was to be
•charged with two doubles of this eftimate, as in cafes of theft and fpoil * ; and
the deliverance of the offender, or of a fufficient pledge, was to be made to
the warden of the march where the party aggrieved dwelt, there to remain
until the appointed redrefs was made. In cales where the wounds had pro-
duced maim or mutilation, the warden to whofe diftrict the offender belonged,
was to do his utmoft diligence to apprehend him, and to deliver him to the
warden of the other fide, to be punifhed by ftrait imprifonment for fix months.
■Wilful fire-raifers were alfo to pay damages, according to the rate laft-men-
tioned §, and to undergo the fame imprifonment.

The quiet of the march-meetings being often difturbed, and their bufinefs
interrupted, by mutual accufations and brawlings ||, it was agreed, that no

■f This was John Selby of Twizel. This fifhing was called Tillmouth-haugh filhing; which,
after proofs and examination before the commiffioners, they ordered that the priorefs of Coldftream,
&c. mould peaceably life, poffefs, and enjoy, as a Scotch fifhing.

t There is another complaint in the inftru&ion; to Rcfs herald which is not mentioned in this
treaty. This is againtt the captain of Wark ; who, on the 24th of Auguft lall, being a day of
truce, or march day, held at the accuflomed place of ReJden-Burn, had come, with more than
one hundred and twenty men, to the lands of Haldane within Scotland, not half a mile from the
place of meeting, and there flain Patrick Jamefon and John Davidfon, Scotchmen: from which
there was danger of great diforder arifing, the flaughter being committed only two hours before the
meeting of the wardens; who, as ufual, had confiderable numbers in their feveral companies ; and
in particular, in the company of the Scottish warden, were the whole kindred and friends of the
flain. Keith's App. p. 6S.

* And the damage being fo fet, and ejieemed to he tivo double], as in cafe of theft and fpoil is ufd.
Border Laws, p. 80.

§ This rate is however differently expreffed. It is called a Double and Saiv/ey ; and it is imme-
diately added, according to tiie laws and cufloms now ufed in the borders of both realms.
Border Laws, p. 81.

|| The words in the treaty are, baugbling and reproving,

j fuch

ENGLAND AND SCOTLAND. 5 8 3

fuch accufations or fpeeches tending to ftrife fhould be uttered; without licenfe M=>ry,
of the wardens of both realms; and any offender in this way was to be feized v * £ "'
by the warden of his own march, and delivered to the oppofue warden, to 1553.
undergo a month's impnfonment. He was alio to lofe his caufe, and the per-
ion whom he attacked to be acquitted for ever from the charge brought againft
him. As a grievous obflruftion to the difcovery of crimes, and due execution
of juftice, arofe from the frequency of perjury in the border-courts, it was
enacted, that any perfon who acquitted himfelf by oath before the wardens, or
their deputies, and was afterwards proved guilty and convicted of fwearing
faliely, mould, hefides making due reparation to the party aggrieved, be de-
livered to the warden of the oppofite march, to undergo flrait imprifonment
for three months, after which he was publickly to be proclaimed at the nexc
march-meeting a perjured man, and thenceforth not admitted to give faith or
teftimony in any caufe. A remedy was alfo provided for the injury done, by
any perfon fwearing faliely, concerning the number or value of the goods. In?
cafes where an over-charge of this kind was evident and exceffive, the war-
dens, or their deputies, were impowered, without delay, in conjunction with
twelve men of the belt note and credit prefent, whereof fix of either nation
were to be chofen by the warden of the other, to make fuch abatements from
the numbers or value of the goods or cattle in queftion, as fhould to them
appear equitable.

In the following fummer, the queen of England was married to Philip of a. d. i 55 £
Spain ; and on that occafion the queen-dowager of Scotland (who had, in J" 1 ? 2 S>
place of Arran, created by the king of France duke of Chatelherault, been
advanced to the regency of that kingdom* in the fpring before) lent a con-
gratulatory embafTy to the Englifh court '*. The ambafiadors were charged to Hoi.Sc.chr,
demand a confirmation or renewal of the treaty between the nations j and that p- 3S 8 -
commiffioners fhould be appointed in the following year, to fettle controver-
fies on the borders. It doth not however appear, that any fuch meeting of
commiffioners was held until the fummer 1556. But in the interval, the Keith's a pp .
attention of the queen-regent to ftrengthen the frontiers, appears from a p ' 7 °"
refolution of a numerous council held in January 1555, to build a fort befide
Kelfo; for which a tax of 20,000 1. was immediately to be railed, one-half to
be paid by the fpiritual eftate, and the other by the temporal. Yet, it doth
not appear, that this decree was executed ; nor is it known what hindered its
taking effect. In the latter part of fummer of the following year, while the a.d. i; S 6..

Hol. Sc. Chr..

queen-regent was making a progrefs, commiffioners from both realms met at p . 3 ' 59 ,

* A little before the marriage of the queen of England with Philip, the queen-dowager of Scot-
lard made a progref. to the eaft-marches, to hold jullice-courts for punifhing malefactors, and to
compofe differences among the turbulent chieftains. This progrefs, made at fo critical a time,
gave fome alarm to the Englifh court. The lord Coniers, who had the command on the oppofite
marches of England, fent advertifement of it by letters from Berwick, to the earl of bhreivi: uv,
lord prefident of the north, and lord-lieutenant of the Englifh borders, requeuing him to provide
for his aid, in cafe of a fudden attack, Strype's Mera. vol. iii. p. 1^6*

% Dunfe*

5 S 4 THE BORDER. HISTORY OF

Mary, Dunfe f, and fpent a confiderable time there. No particulars of the tranfic-
q^o tng an^ t i ons of that meeting have been tranlmitted to us ; and it is probable they were
1556. not of great or general importance. The queen regent of Scotland had, in a

Keith" if - 3 o 9 ' p ai "li arnen t held in the beginning of this iummer, made a propofal relating to
the defence of the borders, that gave a great alarm to the landed men in that
kingdom. Inftead of the accuftomed attendance and lervice of themfelves and
dependents, for the defence of their country, the queen propofed a tax to
be laid on their eftates, and that the money thereby railed, fhould be em-
ployed in paying a body of mercenaries, to be ftationed on the borders, or fent
thither as emergencies mould require. A great body of the lower barons
having affembled at Edinburgh, remonftrated againft this innovation, as dan-
gerous to their liberty, and intolerable to their poverty : and though fome of
the principal lords had been gained by the court to conlent to it, the oppofition
of the reft of the nobility, and all the gentry, appeared fo determined, that the
queen found it neceffary to abandon the project.
a. d. 1557. In the beginning of the following year, the proud and turbulent fpirit of
Pope Julius III. rekindled the war between France and Spain-, which, by a
truce, had been fulpended for feveial months. Philip, who, by the refignation
of his father the Emperor, had been king of Spain fince the end of 1555,
after being ablent from his queen above eighteen months, came over in March
to England, in order to engage that nation in a war with France. The queen,
who returned the averfion and neglect of her hufband by the moft extravagant
Caste, vol, ;;;. fondnefs, did, in order to gratify him, obtain, with the utmoft difficulty, the
confent of her council to declare war againft France, in the month of June.
But a war with France naturally led to a war with Scotland ; and this confe-
quence was never more to be apprehended than now, when the administration
in Scotland was wholly French, and the young queen in perfon refiding at the
French court. To prevent or retard this rupture, Mary had folicited, by her
ambaffadors in Scotland, a meeting of commiffioners on the borders, for
r "lY 5 " fettling all matters in difpute between the kingdoms; and, not many days
p. 5 ^ ' before the declaration of war againft France, a commiflion for that effect was

-f- The commiflioners were, Tunftall bilhop of Durham, and others, from England. Thof«
from Scotland were, the bifhop of Dumblane, Richard Maitland of Lethington, and James Mac-
gill clerk of Rcgifter.

It appears from feveral fmall particulars recorded by Strype in memorials of queen Mary, c. 38.
that the marches were in a turbulent ftate this year. He mentions two meetings at Redding-burn,
one on Thurfday 12th of May, the other on Sunday the zSth of June. At the latter was a great
company on both fides, but the Engliih were the greater, being above two thcufand perfons. How
flowly and irregularly juftice had been adminiftered, appears from the Englifn having at that time
a thoufand bills of attemptats (this was the common name for trefpnfles) againft the Scots in one of
the marches. In order to hear and difcufs mutual complaints, they agreed to meet one day in the
church of Norham, and another in the Lady church over againft it in Scotland. The earl of
Bothwell was the principal pe-fon on the fide of Scotland, at the firft-mentioned of the meetings at
Redding-burn ; and aded in quality of Lieutenant of the Scottilh marches in an expedition againft
the Armftrongs on the weft border, where he was accompanied by the laird of Drumlanrig the war-
den of that march. The banditti had the advantage in two rencounters.

granted

ENGLAND AND SCOTLAND. 5 ?, 5

granted by her to the earl of Weftmoreland, the bifhop of Durham *, the Ma,v »
chancellor of Durham diocefe, and a mailer of chancery, to meet, with fuch _ . ' " '

as the regency of Scotland fhould authorize to treat with them. by this com- 155-.
million, befides the ul'ual articles included in fuch commiffions, power was
given to negociate the fixing of certain limits between the two nations, in
whatever places thefe limits were controverted ; particularly on the place com-
monly called Hadden Rigg.

The Scottifh court had lent commiffioners to meet with thofe from England, Lt(1 y. p 5*9*
at Carlifle -)•: but while the commiffioners remained fitting there, the queen- S "°
regent, in compliance with the earned felicitations of the French court,
propofed to an affembly of the nobles, which fhe had convened at Newbottle,
an immediate declaration of war againlt England. To excite them to this,
fhe infilled on certain outrages committed of late by Englifhmen on the bor-
ders, for which redrefs was refuled ; which might not only be revenged
and repaired by entering into an open war, but a feafonable aid thereby given
to their ancient ally. But the nobles being convinced that the regent's fole
object in th,s mealure was toferve the interells of France, declined giving their
confeht to it for the preient J. To impel them to agree to it, the expedient
was fallen upon of fending D'Oyfel, the French king's lieutenant in Scotland,
with a bodv of foldiers of that nation, to Eyemouth, to rebuild the fortrefs
there, which had been firft erected and poffeffed by the Fnglifh in the late
war, and demolifhed in purfuance of the treaty by which that war was termi-
nated -, and in which it was exprefsly ftipulated, that this fortrefs fhould never
be rebuilt by either of the nations. As the reftoring of this fort was a plain
violation of the treaty, and its vicinity to Berwick alarming to the En ;li(h, the
Berwick garriibn foon endeavoured, by their attacks, to difturb the progrefs
of the work. Thefe attacks D'Oyfel repelled, and mutual incurfions followed
on the adjacent border. By this means the regent obtained her end of pro-
curing the confent of the nobility to raife an army-, which now appeared
abfolutely neceffary for the defence of their country.

The commiffioners being recalled from Carlifie, a herald was fent to pro- ft. p. 550.
claim war againft the queen of England, if fhe did not withdraw the troops
fent over to the aid of her hufband Philip. The earl of Huntley was made
lord-lieutenant of the Scottifh marches; and having come to Dunfe, incurfions
were made under his direction into England. Two of thefe inroads were more
confiderable than the reft. In the firll were prefent, the lord James, after- Se AuBuft ,5*...
wards earl of Murray, and the lord Robert, two of the late king of Scotland's p 'i^]', Tie!"'
natural ions, the lord Home warden of the eaft-marches, and feveral other •»*?•

* Robet Hanmer, LL. D. and chincellorof the bifhoprick of Duiham, and Thomas Martin,
LL. D. one of the matters (if the court of chancery.

•f- The Scottifh commiflioners were. Robert Reed bifhop of Orkney, Henr> Sinclair dean of
Glafrow, and Sir Robert Carnegy, fenators of the college of juftice, and the lord Herries warden
at that time of the weft-border.'. Lefly, p 529.

1 This backwardmfs of the nobles probably produced orders to the Scottifh commiffioners at
Carlifle, which made them appear, towards the eud of the conferences there, defirous of a peace.
Weftmor eland's letters to Shrewfbury, in Strype, p. 423.

4 F nobles.

5 86 THE BORDER-HISTORY OF

Mary, nobles. Thefe noblemen, with a confiderable force, and fome ordmnce, entered
° - - r ' £3 " r ' Northumberland, by the dry march between Wark and Cheviot; intending to
1557. take the caftle of Ford and deftroy the ten towns of Glendale : But Henry Percy,.
Ju! y 31. brother to the earl of Northumberland, having fome days before arrived at
Alnwick, and collected with great diligence the forces of the county, which
he difpofed in the moft proper places for its defence, and being alio reinforced
from the garrifon of Berwick, the Scots, difcouraged by the appearance of
fo powerful a refiftance, retired to their own country, after having done very
inconfiderable hurt to that of their enemies. Percy hung over their retreat
with his light-horfemen, and entering the Mers, deftroyed fixteen villages, and
carried off a confiderable booty of cattle J, together with fome prhbners,
which he and his company conveyed fafely to Berwick -, three hundred ibot-
AoguR 13, men being fent from that garrifon to meet them. A fecond great incuriion
of the Scots was made eight days after the firft. In this, Huntley the lord-
lieutenant was prelent in perfon, having in his company feveral of the Scottiih
nobles and the French general D'Oyiel, with a numerous body of troops,
both Scots and French. Thefe forces entered England near Berwick ; at
which place the earl of Northumberland, warden of the eaft and middle
marches, had arrived the night before *, together with Sir Thomas Wharton,

who

J Percy, in his letter to the earl of Shrewsbury lord-lieutenant of the marches and prefident of
the council of York, calls them, two hundred and eighty neat, one thoufand lheep, befides many
horfes. Strype's App. of Originals.
Rym. vol. xv. « Thomas Percy, fon of Sir Thomas Percy and nephew of the laft earl, had been reftored to the

P" ***■ ... earldom of Northumbeiland on the firlt of the preceding May. On the 9th of Auguft a commif-
'Jfg' T ° ' '"' fion was given him to be warden of the middle and eaft march ; to which latter command was
annexed, the captaincy of Berwick upon Tweed. Rymer, ib. p. 472. He had received, fix
days before, a commiiiion to be warden of the eaft marches and captain of Berwick ; wherein the
lord Wharton was joined with him, and powers given them to aft either conjunctly or apart.
Rymer, ib, p. 468. The two commiflions to the earl of Northumberland, appoint him war-
den-general of the marches of the kingdom of England towards Scotland, viz. in the paits of the
middle march and queen's dominions of Scotland, and keeper of rynidale and Ridfdale; alfo lord
•warden, &c. in the parts of the eaft march and queen's dominion of Scotland, and captain of Ber-
wick upon Tweed. The powers granted to him in thefe offkts, are the fame as belonged to thern
in the times of Richard II. Henry IV. Henry V. Henry VI. Edward IV. Richard ill. Henry VIF.
Henry VIII. and Edward VI. late kings of England. He had, in both commiflions, power given
him to refcue, defend, and fave the town and caftle of Berwick, in the parts of Scotland, in cafe
cf any fiege laid againft the town or caftle by the Scots, or any other of the queen's enemies ; and
for that purpofe, to lead (he men of either march, properly arrayed, to the lefcue, defence, and
fafe-keeping, of the faid town and caftle, fo often as in danger from the incurfions and fiege of
enemies. He was alfo impouered to nominate and depute under him, for each march, two depu-
ties, or fubftitutes, and alfo two other officers, under him, called wardens ferjeants, together with
all other neceffary officers and fervants wont to be employed by the wardens of either march. He
had alio granted to him, for his annual fee and wages, as warden of the middle march 500 merks,
and as warden of the eaft march, and captain of the town and caftle of Berwick, 700 merks ;
befides which, each of his deputies, in both marches, had an annual falary of jol. and each of hit
ferjeants foity Ihillings ; all payable half-yearly, at the terms of Chriftmas and Midfummer.
Rymer, vol. xv. p. 472 — 477. There is alfo a power in thefe commiflions of concluding truces,
from week to week, and fuch as are mentioned before.

It appears however from originals in Strype, that lord Wharton afted alene at this time, as cap-
tain of the town and caftle of Berwick (App. p. 267). The fame compiler gives an account of a

letter

ENGLANDANDSCOTLAND. 537

who had the command of a body of horfe and foot, fent from the interior ^' y '.,

parts of the kingdom, to be employed in defence of the town of Berwick and v *— «y

adjacent country •, part of which forces had arrived with Northumberland and *s$7-
Wharton and part of them were on their march. In thefe circumftances, it
was thought proper to lend out from Berwick Henry Percy, with other gentle-
men, and a body of horfe, to giye what annoyance they could to the invaders.
But the Scots being greatly luperior in ftrength, the Englifh loft about an hun-
dred horiemen, making prifoners about twenty of the enemy. Huntly in this Lefly, P . Si o.
inroad burnt feveral towns and villages, and carried off a great booty. After
his return, both the Scottifh and French forces lay for fome time upon the
borders, at the diftance of not many miles from Berwick.

In the month of October a numerous army afiembled at Edinburgh; and, k D ox, p . gj.
under the command of the duke of Chatelherault, marched to Kellb. The
queen accompanied the army, and fixed her quarters in its neighbourhood, in
the caftle of Home f. The army croffed the Tweed but flopped fhort, and
encamped juft on the other fide of it, at a village called Maxwell- Heugh.
Nor could the Scottifh nobles be induced, by all the arguments and intreaties
of the queen, to pafs the boundary of the two kingdoms, from which they
were only two or three computed miles diflant. As the quarrel was entirely
French, they infifted, that this and the minority of their queen were good
reafons for not advancing farther. D'Oylel, eager to gratify the queen, and to Buchan. 1. 16.
ferve the interefts of France, employed fome bands of his countrymen in
conveying certain pieces of artillery over the Tweed, in order to befiege the
caftle of Wark J. Some few alio of the Scots, who were more inclined than
the reft to gratify the regent, affifted the Frenchmen in this enterprile. But

letter from Wharton to Shrew/bury in the beginning of June, wherein affairs at Berwick are repre-
fented as in a very bad fituation. Five hundred men had been ordered for lengthening the
garrifon ; but neceflaries were wanting for them, and for five hundred more that were to be
employed on the works. There was a dearth of victuals, the old garrifon was not paid for their
half- year, which ended on the 14th of the preceding February, nor for any part of the current
year; except what was advanced by Giles Heron late treafurer, who, together wiih Robert Barrow
mayor ofthe town, had been killed in a fray at Ford in the beginning of April (lb. p. 418). No
treafurer had been fince appointed, nor was it known when the foldiers fhould be paid: nor were
the inhabitants of the town, who were victuallers, able to provide for the foldiers and workmen
without ready money; and the victuallers and purveyors complained for want of a pay called
Goiver's fay ; and on that account they grudged to take men to board upon credit. Strype,

P- 4 22 -

f Part ofthe provilion laid in for her there, was forty tons of wine. Strype, vol. iii. p. 434.

% The account of this tranfaflion, as it was given by the duke of Chatelherault to Sir Henry
Percy, about two years after, is as follows : " It was propoled that we mould attempt the winning
of Wark, and the invafion of England; which at that time we knew very well, you were not
provided, nor furnifhed for us: yet anfwered we, the whole nobility that to defend our country
we were there, and would fpend our lives; but for the attempting any thing in England, or the
invafion ofthe country, we would not do ; not underllanding by whom or for what caufe the wars
were begun. Wherefore our queen difperfed her camp in great choler, and partly againft her
honour." Keith's App. p. 22.

Shrewfbury, in his account of this retreat written to the council of England, fays, that the Scots
having brought their ordnance over Tweed, fkirmilhed before Wark, (hewing iuch likelihood to
have given the approach, that the Englifhmen within, looking for the fiege, had rampiered up the
gates. Strype, App. p. 275.

4 F 2 the

5 88 THE BORDER-HISTORY OF

*fi<y, the bulk of the rubles vvholly difapproved of it; and exprefiing their highcft
q_ cf EngaJnd. j n( j jarnation againft D'Oyfel, for his having acted without the general's orders,
1557. they" commanded him to bring back his artillery ■, and immediately after, they
oa. 19. di {miffed their army, to the great difcontent of the queen. As the fmall body
of troops that had been before Wark were leaving it, they were attacked by
jfome borderers and other forces of the Englifh ; the aggreffors, repulled by
the Scots, were retiring in diftrefs, when captain Read, the governor of the
caftle, made a fally for their relief, and renewing the fight, the Scots were
obliged to retire in their turn, and to crofs the river with precipitation.
strype, vol. in. A little before the diffpation of the Scottiih army, the earl of Norihum-
P 4 oa.*\ ! ' berland had collected a confuierable body of forces at Lowick ; where he was
joined by the earl of Weftmoreland with his men, and alio by the lord Talbot,
whom his father, the earl of Shrewfbury, had fent northwards, to the aid of
Northumberland with three thoufand men *. As the queen of England was
not unacquainted with the averfion of the Scottiih nobles to the prelent war,
and at the fame time could very ill afford the expence of a great armament,
her preparations were flow, and very unequal to the ftrength wherewith the
Scots approached her frontier. In thele circumftances the retreat of this
army was very acceptable news to the court of England. Part of the Engliftv
forces under Weftmoreland remained to protect their frontiers, and annoy
Hoiingfted's thofe of the enemy in the neighbourhood of Berwick. This corner it was
Sc chr. P . 361. neceffary to guard againft the incurlions of D'Oyfel ; who, after jhe retreat of
the Scottifli army, remained with his countrymen at Eyemouth. Other com-
panies of foot, paid by the French king, were ftationed on the Scottifh march,
at Kellb, Roxburgh, and other convenient places ; while the Scottifh nobles
in their turns attended the fame fervice with bodies of cavalry. About Mar-
tinmas the earl of Northumberland lent his brother Sir Henry Percy, accom-
panied with Sir John Forfter and others, chiefly thofe of the middle march, to
make an inroad into Scotland ; they were met by Sir Andrew Ker and a great
body of the men of Tiviotdale, in the neighbourhood of Cheviot, almoft on
the boundary between the kingdoms. A fharp engagement enfued, in the
beginning of which the Englifh were beaten back ; but recovering them-
felves, they gained a confiderable advantage over the Scots, taking prifoner
their leader, with feveral of his followers f. Sir John Forfter fought bravely

• The army which the earl of Shrewfbury, lord-lieutenant of the marches, was rnftruifted by the
council to prepare againft the Scots, was to confift only of fixteen or eighteen thoufand men j
whereof eleven thoufand were to be raifed from the interior pans, and of thefe as many horfes as
he could by any means procure. Strype, App. p. 272.

The epitaph of lord Talbot, afterwards George earl of Shrewfbury, publifhed by Dugdale
(Ba:on. vol. i. p. 333.) mentions, that being fent by his father to join the earl of Northumberland
with three ihoufjnd men at Lowick, he behaved himfclf in this command fo as to gain the highcft
applaufe; that a little after he gained equal praife, and had no lefs fuccefs, in oppoiing the enemy,
at the head of five hundied gens d'armes, the lord Grey, Drury a brave knight, and other eminent
foldieis, accompanying him, and the lord Weftmoreland being then general.

•f- Strype, who feems to have compiled from better vouchers than Holingfhed, does not mention
the preftnee of Northumberland himfelf in this incurfion, as Holingfhed does. Strype alio relates,
that the Englifh burnt the houfes and corn of Linton, and fixteen town* more, and won the tower of

Linton,

ENGLAND AND SCOTLAND. 589

in this fkirmifh, wherein he was fore wounded, and had his horfe killed under ™'%[ ini
him ; and to his prowefs was chiefly afcribed the victory gained by his country- .' " _ c " a _^
men.

In the following winter, England fuffered the heavy and difgraceful lofs of a.d. i 5j g.
Calais and its territory, the only remnant on the continent of their ancient J ,n - **
pofieffions in France •, and which they had held for more than two hundred
years. An expenfive, but unprofperous effort, was made in the fummer to
take Breft; which, it was hoped, would bring back Calais by exchange.
Meantime the war on the marches towaids Scotland was faintly fupported, nor
did the Scots attempt any more than the defence of their own border, and
lb me inroads into that of their neighbours, to retaliate or repair the lofs of the
like incurfions made into their country by the Englifh. Their queen was
married in April to the Dauphin, which promifcd an addition of ftrength to
the French intereft among them. But no fymptom of this appeared in any
thing attempted during this campaign againft England. The French had
fuffkient employment at home, in defending their own country againft the
Spaniards, on the fide of Flanders, and againft the defcents of the Englifh on
their fea-coafts ; the Scottifh nobles were Hill averie to exert themfelves in a
French quarrel, and many of them who favoured a reformation in religion,
were beginning to engage in meafures to promote it, and to defend thole who
profefTed or propagated the new opinions, againft the violence of their
enemies. This ftate of affairs in France and Scotlind, made the hazard the Strype, vol. in.
lefs, from the want of proper difcipline among the Englifh foldiers on the p,4J7 '
borders, and from the negligence of the officers of the garrifon of Berwick ;
fome of whom were abfenr, and none of them had complete and effective
the numbers for which they were allowed pay *.

About Whitfunday, Sir Henry Percy, brother to the earl of Northumber- Hoiingfted'a
land, and Sir George Bowes, marfhal of Berwick, having under them fome ^. chr. P . 3 6»,
bands of the garrifon of that place, and fome other of the forces ftationed on
the borders, amounting in the whole to leven or eight hundred horfe, and
two thoufand foot, made an inroad into the county of Mers. There they
burnt Dunfe and Langton, and were returning homeward with a great booty

Linton, (laying therein the laird's fon, and feizing in it a good fpoil both of horfe and goods, and
afterwards burnt it. Holingfhed fays, that Sir Andrew Ker was taken in this rencounter. Strype
doth not fpeak of this, but mentions the flaughter of George Ker of Hatton, a rotable borderer
and evil- doer to the realm of England ; and relates, that twelve of the bell: Scottifh horfemen were
made prifoneis. The Sir Andrew Ker here fpoken of, was probably the eldelt fon of Sir Walter
Ker of Cefsford, u ho died before his father. Dougl. Peer. p. 594.

• Lord Wharton gave this account of the flate of Berwick, in a letter written by him in Novem-
ber, to the lord prefident of the north ; he obferves in that letter, that the ordinary officers of the
town appointed by leaers patent, were a captain, a marfhal, a treafurer, a chamberlain, a poiter,
a mailer of the ordnance. Thefe with the mayor for the year, were counfellors for the town;
every one of them having a yearly pay, and wages allowed for a certain number of men under
them. Thomas Carey was the marfhal, a good true gentleman, and an old fervant ; the cham-
berlain, Sir Robett Ellerker, had difcontinued from his charge, fince the war begu n, and a long
time before ; the treafurer, Allan Bellingham, was alfo abfent ; the porter was John Selby. Strype,
1. c. Haynes givts the particular of the eilabliihmeut of the eall -marches and town of Berwick,
at this time, as to numbers and pay, p. 398,

S9P THE BORDER. HISTORY OF

o of En \ni °*" catt l e > wne n the Scottifh forces that lay at Kelfo, and other places, near
'" v i the march, confiding of two thoufand horfe and three bands of foot, came up
'55 8 ' with them at Swinton. The Scottifh foot, trufting to the fuperior number of

their horfe, made a bold charge on the infantry of the Englifh, who were
obliged to give way, and in danger of being diftreffed by a failure in their
gun-powder •, a great part of which had been rendered ufelefs by the moiflure
of a foggy morning. But they were reflored to order, and kept on their
ground by the bravery of Sir Henry Lee, captain Read, and other officers.
By this means, the Englifh horfe had an opportunity of giving a charge to the
Scottifh, who being too much detached from their infantry, were foon broken
and put to flight. In confequence of this, the Scottifh foot, among whom
were fome Frenchmen, were overpowered by the fuperior numbers of the
Englifh, and were all either flain or taken prifoners. Cullen and Kennedy,
two of the chief officers of the infantry, were made prifoners ; and among the
horfemen, the lord Keith, eldeft fon to the earl marfhal of Scotland*. Nor
was this advantage gained without fome lofs on the fide of the Englifh •, Pell,
the enfign of Sir John Markham's band of foot, was killed, and Errington,
a captain of light horfemen, on the firft charge made by the Englifh horfe,
was taken prifoner by the laird of Edmonftone, and carried off the field. In
this confiicl Sir Henry Percy difplayed great courage, and was well leconded
by feveral of his officers and foldiers \.

In the courfe of the fame fummer, a body of Scottifh horfe, accompanied
by fome foot; who were either Frenchmen, or trained and commanded by
French officers, entered England by pafiing the Tweed. The horfe, whofe
number was about a thoufand, beginning to plunder and burn the country, a
great body of Englifh horfe, colle&ed by the earl of Northumberland, and
his brother Sir Henry, advanced to oppofe them ; Sir Henry came up with
the Scottifh horfe at Grindon, and obliged them to retreat over the Till.
There they rejoined the foot, whom they had left, and both now found it
necefiary to repais the Tweed into Scotland. They croffed the river in good
order, but not without fome lofs, as they were attacked not only by the
Englifh horfe, but by fome bands of foot, who had come up from Berwick
to the aid of their countrymen. But as foon as they had regained the Sccttifh
fide of the river, they formed themfelves into fo compadl a body, and
maintained fuch good order in their retreat, that, although the Englifh horfe-
men who were now joined by the earl of Northumberland, purfued them two
miles, they were not able to make any impreffion upon them. It is probable,
that the Englifh leaders had judged too rafhly, that fo fmall a body of infantry
would eafily be deftroyed by their horfe, and on that account had not made
their foot pafs the river. But that the horfe might not return without doing
fome hurt to their enemies, they advanced farther into the country ; burning
feveral villages, among which was Ednam in the neighbourhood of Kelfo.
The earl of Bothwell, during the time of his attendance on the border fervice,

• Keith was detained a prifoner by ?ir Henry Percy, for many years after. Keith's Hid. p. 363.
+ Among thefe were, Sir William Br< reton, Thomas Markham, who led his father Sir John
Markham's band of footmen, and Ralph Ellerker a captain of horfemen.

6 made

ENGLAND AND SCOTLAND. 591

made a more fuccefsful inroad, than that juft related. Having fent a fufficient Mary,
body of horfe to burn the town of Fenton, he remained himielf with the reft ( ^ of Scotland^
of his forces at FJaltwell-Sweir. There he was attacked by Sir Henry Percy, 155S.
at the head of a thouland horfe ; but Percy's cavalry being thrown into a
pannic by a iudden dilcharge of fire-arms from fome of Bothwell's company,
fled in diibrder, and were purilied over the Till •, above a hundred and twenty
of them were taken prifoners, among whom were Errington and Ker, captains
of light horfemen *.

The fonrefs of Eddrington f was fituated fo near the bounds of Berwick,
as naturally to tempt the attacks of the Englifh. It was taken by them in
this war, as it had been in the two preceding. Its garrifon confided of fixteen
Frenchmen, who made fo brave a detence, that the lives of feveral of the
affailants were loft in reducing it. Soon after, there was a hot fkirmifti on
Halidon-Hill. Some bands of foldiers, of the^Berwick garrifon, were ftationed
there, for the protection of thofe employed in mowing and carrying in the
hay of the common fields. Many days having paffed without the appearance
of any difturbance from the enemy, this party grew fecure •, and, throwing
afide their armour, fpent their time in fports. The garrifon of French and
Scots at Eyemouth, informed of their remifihefs, furpnfed them with a fierce
and fudden attack •, for which they were fo ill prepared, that notwithstanding
the brave efforts of their J captains to rally them, they were thrice driven from
the height of the hill ; at length Sir James Crofts, bringing up a reinforce-
ment from Berwick, put an end to the conteft ; obliging the French and Scots
to retire towards Eyemouth, after the fkirmifh had, with confiderable lofs on
both fides, continued from one till four in the afternoon §.

Befides thefe incurfions and encounters, there were two great inroads made
into Scotland, by the earls of Weftmoreland and Northumberland. The lord

• Queen Mary, in her famous apology, fent to the court of France, for her mirriage with
Bothwell, fays, that in thefe wars againil England, he gave fuch proofs of his valiantnefs, courage,
and good conduit, that, notwithltanding he was very young, yet he was cholen as the moll fie of
the whole nobility, to be our lieutenant-general ot the borderj, having the whole charge, at well
to defend as to aflail. At which time he made many noble entcrprifes, &c. Keith's Hut.
p. 388.

•f Holinglhed calls it the pile of Cawmills.

% Of thefe HolinglheJ mentions, Sir William Brereton, Sir John Markham, Mr. William Drury,
and Cuthbert Vaughan.

§ There was alfo, fome time this year, a combat fought on Halidon-Hill, between Sir William
Kiikaldy laird of Grange, one of the moll eminent Scottiih warriors of that age, and Ralph
Eure, the brother of lord Eure, who fucceeded lord Wharton, in the government of Bervick.
This arofe from a challenge given by Kirkaldy to lord Eure, on a complaint of Eure's having
maltreated Kitkaldy's brother, while his prifoner at Berwick. Becaufe of the inequality of rank
between Eure an I the laird of Grange, Eure's brother accepted of the challenge, and twelve
gentlemen accompanied each of the champions to the field, to be witnefles of the combat. The
friends of Eure complained of fome 'advantage on the fide of his antagonill in point of armour,
yet Eure did not decline the encounter. In the (hock, the flaves of both were broken, and Eure
hurt on the fide. Hoi. Sc. Chr. p. 364.

The enterprifes and exploits of this campaign, Holinglhed fays, he learned from the captains,
Read, Wood, Errington, Gurley, Markham, and others, who were eye-witneffes; not having
found accounts of them published by any author. Ibid.

Talbot

■ir-

THE BORDER-HISTORY OF

Mary. Talbot accompanied the latter, having the command of ibme demi-lances*;

0; of England. b llt concerning thefe enterprifes no farther particulars are recorded. There
155?. were alfo defcents made by the Englifh in the courfe of this war in the

Hoimgflied, ib. Orkneys, and on the weftern coafts and iflands ; but the force employed in
them was fmall, and the events they produced were of little moment.

In the autumn of this year, when the contending powers of France and
Spain feemed to be on the eve of an important battle near Amiens ; their
dread of the event determined them to commence a negociation for ending
their quarrels. This began at Cercamps, and produced a ceilation of arms;
but about fettling the peace great difficulties arofe. Thefe difficulties were
diminished by the death of Charles V. in September, which difpofed his fon
Philip to return with all expedition to Spain ; and by the death of Mary of
England, in November, which made the fame monarch cooler with regard to
a. p. 15^9. the restitution of Calais. The conferences being again relumed at the caftle

q. of^ngiand. of Cambray in February, iiTued in a peace between all the contending powers.
The negociations during the winter tending to this peace, had an influence in
Slackening military enterprifes on the borders ; none of which were of mo-
ment enough to be defcribed by hiftorians -f. Yet the fpirit and vigour that

strype, vo). i. distinguished the whole of Elizabeth's reign, was exerted in the beginning of

p. 16,— 11. ^ j n f ecurm g ner frontier towards Scotland. Proclamations were iilued,
requiring all captains and foldiers, as well of the garrifon of Berwick, as of
the feveral bodies employed on the marches, to be at their pofts by the firft
of January, under pain of forfeiture to thofe who were then abfent, of all
wages due to them, from their laft pay until that time. Orders were alfo
fent to the earl of Northumberland, lord warden of the eaft and middle
marches, and to lord Eure the governor of Berwick, to employ proper perfons
to mufter at times unexpected, the forces under their command, that thereby
the frauds in their numbers and arms might be difcovered. The duke of
Norfolk was made lord-lieutenant of the north ; but the perfons chiefly
trufted, in conducting the affairs of this department, were, the earl of Shrews-
bury, Sir Henry Percy, and Sir James Crofts.

Instructions were fent to lord Eure, to cairyon the fortifications begun at
Berwick. Supplies of ordnance and ammunition were hastened thither; and
on the apprehenfions of an attempt of the French to make a defcent at New-
caftle, the earl of Shrewsbury was ordered to levy a body of foot in York-
shire, to be fent to the defence of Berwick. The lord Eure had a grant of

* The demi-lances were a kind of horfemen. Gens de Che<val qu'ils apellent demi-lances'
(Lettre de Noailles a Reine Douariere. Haynes, p. 214.)

+ About the end of the year, lord Fure made an inroad towards Eyemouth, in the neighbour-
hood of which, he burnt a mill, a kiln, and lome houfes; for which fervice he had the queen's
thanks About the fame time, Leonard Dacies received the fame honour f.>r fome exploit againft
the Scots; but was informed by the council, that it would have been more acceptable if he had
been quiet, as what he had done would provoke the Scots to make reprifab. This accordingly
happened, and the Scots alfo inceafing their forces on the borders, the queen found it neceftary
to order a reinforcement of a thoufand men on her fide; of which five hundred were to be raifed in
the bifhoprick of Durham, two hundred in the North Riding of Yorkfhire, and three hundred by the
earl of Northumberland in Richmond (hire, of which he was fteward. Strype, vol. i. p. 17. 19. zo.

twenty

ENGLAND AND SCOTLAND; 593

twenty fhillings a day towards the entertainment of an hundred hoiTemen, who M -">'>

ferved under him, though not in quality or captain of Berwick. With the L °' "" a "ji

horiemen kept in his garrifon, he was inltrutfted to give aid to the lord warden 1559-

on neceffary occafions ; but fo that thele horiemen lhould for the fecurity of

the town, return to it at night. Stores of corn were provided by the care of

Abyngdon, furveyor of the victuals; and money was fent to Sir Wiiliam

Engleby the treafurer, to pay the garrifon and defray other neceffary charges.

The peribn chiefly intruded with the management of affairs in Berwi k, where

the new works were carried on with great vigour in the fpring, was Sir James

Crofts. And in reward of his diligence, he was at length appointed captain March*?*

of the town and cadle, in the room of lord Eure. By this time a ceflation of

arms *, was concluded with Scotland •, and in confequence of it, orders were

given by the Englifh court, to reduce the forces at Berwick, and on the other

parts of the frontiers, fo far as could be done with fafety. A fpecimen was

given on this occafion, of the frugality of Elizabeth and her miniders. For,

though Crofts was in high confidence with them, yet he could not, by his

folicitations, obtain the continuance of an increafe of threepence a day of the

wages of the old garrifon, which had been granted lad year; but was required

to perfuade the foldiers to be contented with their ordinary entertainment, until

the queen fhould be better able to enlarge it.

The negociators of the peace f, concluded at Chateau- Cambrefis, between April*.
France and England, had alfo powers to conclude a treaty between England
and Scotland ■, the French negociators having a commiffion for this effect from
Mary the queen of Scotland, and her hufband the Dauphin-King. The Scots
having entered into the late war folely in the caufe of France ; an article
relating to their affairs, was inferted in the treaty between France and England.
By this article, it was ftipulated, that the fort of Eyemouth, and whatever ? y 5 ™' 9 , vo1, * v "
elfe had been, or might be, innovated by the king of France, or the king
ani queen of Scotland, before the publication of the prefent treaty, in breach
of the league concluded at Boulogne, in March 1545, lhould, within iixty
days after the da^e of the treaty now concluded, be demolifhed and rafed to
the ground, that all things fhould be redored to their ancient date, nor any
place rebuilt and fortified anew, contrary to the treaty aforefaid ; that if,
within the fame time, the Englifh had made any acquifition in Scotland, or
fortified any place near the border, contrary to the fame treaty, they lhould

* An abftinence or truce had been a good while before propofed from Scotland, and almolt all
the Sci'tiifti nobility were dif.ffecUU to the war; as appears from a letter from Sir Henry Percy,
givmu an account of a conference he had held with the duke of Chatelherault, d tted from the
caftle of Norham, Jsnua-y 22,1559. Keith's App. p. 21. The abltinence commenced on the
6th of March, exiending thence to the 6'h of May. It was agreed between the earE of Northum-
berland and Rothuell, and D'Oyiel the K>ench lieutenant-general gave his written engagement to
jobfeiveir, at the defire of the queen-dowager. This engagement is dated Edinburgh, 18th of
Mutch Hiynes, p. 709.

f On the part of England, the negociators were, William Howard, baron of Effingham, knight
of the garter, and chamberlain of the houfehold, Thom.is bifhop of Ely, and Nicholas Wotton
dean of Canterbury and Yoik; and for France, the cardinal of Lorrain, the Confiab'e Mont-
morency, the Marlhal de St. Andie, Morvillier bifhep of Orleans, and L'e Laubefpine fecretary of
ttace and finances.

4 G dedroy

594 THE BORDER- HISTORY OF

Elizabeth, deftroy or rafe ir, and that no place mould be rebuilt or fortified anew by

Q^ of England. , ■". .... •. ' . , . '

, them, in violation ot the treaty iq often mentioned i his arcicle is mierted

»S59- in a treaty of the fame date, and concluded at the lame phce, between Eng-
ym.1 .p. 513. j jn j an j g cot ] an d ; which contains befide?, only a few of the more general
articles ulual in fuch treaties. The commiflloiurs, profeliing themfelves not
to be frifficiently acquainted with the treaties formerly concluded between the
Scots and Englifh, did, on that account, defer the conclufion of any agree-
ment concerning certain articles * enumerated by them, and which tended to
the quiet and concord of the two kingdoms. For deliberating and concluding
concerning thefe articles, and what elfe concerned the intereft of both countries,
they judged it expedient, that commiffioners ihould be appointed by the
fovereigns of either nation to meet at a ftated place and time; the time not to
exceed two months from the date of the prefent treaty. And that no occafions
of difcord might arife from the omiffion of the laid articles, it was agreed,
that in the mean time the fubjecls of either kingdom fliould behave, and be
treated agreeably to the laff. treaty of peace between Edward VI. of England
and Mary of Scotland. Publication of this peace was to be made, in all the
more noted places of the marches, in thirty days after the date of this treaty.
In fulfilment of what was agreed by the treaty of Chateau-Cambrefis, the

Pym.vol. xv. ■ - - & j i ■ ./ »

p. 520. two queens in due time appointed their commiffioners + ; who, on tne laft

Havnea,p. an. fay Q f jyr aVj fig ne d and fealed in the church of St. Mary of Upfetlington J, a
treaty fupplemental to the former •, the duplicates of which were exchanged,
on the fame day, in the church of Norham. In this treaty, the articles re-
ferred by the negotiators of the peace at Chateau Cambrefis, to be fettled by
the commiffioners now employed, were drawn up in the fame terms as they
had been in many former treaties. The article alio concerning Berwick on
Tweed was inferted in its long accuftomed form, and the reftitution of the
irfhings of Tweed to the Scots was fixed, in the fame manner as it had been in
the treaty of 155 1 •, and it was likewife declared, that the bounds of the two
kingdoms mould be the fame as before the beginning of the late wars §.

The

• Thefe articles related to the granting of fafe-condufts ; the feizing and punifhing of murderers,
robbers, and other malefaclors ; depredations, and afts of violence, and the profecution of thofe
who committed them ; the cutting of other men's trees; fugitives fiom their own country who
had become the fubjefts of either prince ; thofe who were fpjiltd in making prizes and diftraims by
their own authority; perfons who were fhipwrecked or driven in by ttrefs of weather; not com-
prehending the ifie of Lundy in England, or the lordfhip of Lorn in Scotland.

■f The Scottifh commiffioners were, James earl of Morton lord Daikei:h, lord Home, warden of
the eaftern march of Scotland towards England, Henry Sinclair dean of Glafgow, and James
Macgill of Rankeilour Nether, clerk of the regifter and privy council. Thofe fr^m England were,
Thomas lord Percy earl of Northumberland, warden of the eaftern and middle marches towards
Scotland, Cuthbert faifhop of Durham, William lord Dams and Grayftock, warden of the wellern
march, and Sir James Crofts, captain of the town and caftle of Berwick upon Tweed.

J This church of St. Mary of Upfetlington is, probably, the kirk of Ladykiik, which was
built within the bounds of the ancient pariih of Upfetling.on by |ame; IV. ; a> is mentioned above.

§ !n the (battered MS. often quoted by Keith, are, he fays, feveral letters concerning the peace,
between the queen of England and queen regent of Scotland, and alfo between the latter and the
earl of Northumberland, lieutenant of the north of England. By a letter from the queen of
England, it appears, that young Lethington had been employed to negotiate the affairs of Scot-
land

ENGLAND AND SCOTLAND.

The conclufion of a peace between the two nations was foon followed by
violent inteftine commotions in Scotland. By queen Elizabeth's firft parlia-
ment, which fat in the Ipring, the reformed religion was reftored in England.
And as the perfecution of the protectants in Miry's reign, had driven leveral
of their preachers into Scotland, where they taught with great fuccefs the
doctrines of the reformed j fo the zeal which Elizabeth difplayed in the
proteftant caufe, greatly encouraged its friends in Scotland, to make an open
profeirion of their religion, and to exert all their power and intereft for its
eftablifhment. The queen regent of hcotland, in the beginning of her ad-
minillration, both from temper and policy, treated the reformed with lenity ;
but her brothers, the duke of Guife and cardinal of Lorrain, influenced her
to fuch violent meafures as provoked the like meafures of defence ; and fo
produced the precipitate downfall of that ancient fabric of fuperitition and
church tyranny, which its zealots were fo earned to fupport.

Although the firft exertions of force, on the part of the Scottifh reformers,
were very refolute and fuccefsful ; yet, without the fupport of England, they
mult probably have foon yielded to the policy and power of France. John
Knox, in order to obtain the countenance and aid of the Englifli court, had,
about the time of his laft returning to Scotland *, applied by letter to fecretary
Cecil, who had been his familiar acquaintance, while he refided in England,
in the reign of Edward VI. In this correfpondence with England, the heads
of the proteftant party were foon engaged, and Knox was himfelf fent a
meffenger to the Englifh border, palling from the coaftof Fife to Holy lfland,
and thence to the cattle of Berwick, where he was entertained two days very
fecretly by Sir James Crofts the governor. Though queen Elizabeth and her
minifters were ever remarkable for the caution and wifdom of their enterprifes,
and were at bottom fincerely defirous of peace-, yet having abundant reafon to
be jealous of the ambitious views of France, they readily engaged in meafures
to prevent that nation from eftablifhing its power over Scotland. On queen
Elizabeth's accefllon to the throne, the French court refolved to advance the
claim of the young queen of Scotland to the crown of England, as being the
neareft of the defendants of Henry VII. rejecting the title of Elizabeth, on ac-
count of the alleged nullity of her mother's marriage with Henry. The
general affection difcovered by the Englifh to Elizabeth, in the beginning of
her reign, difcouraged the French from taking the public fteps in this matter
they intended ; but both during the remainder of the life of Henry II. and
after the acceffion of his fon Francis to the throne, the quartering of the arms
of England and Ireland with thole of France and Scotland ; and the afluming,
on fome occafions, the title of king and queen of England and Ireland, by
Francis and Mary, too plainly difcovered the aims of France, and gave an

595

Maty,
Q. of Scotland.

_ , /

*SS9-

Knox, p. 104.

I . p. zit.
About the end
of July.

Andeifon Dip!.
Tab. p. 6S.
Haynes, p, 265.
263.

land at the Englifh court, before the conclufion of the treaty of Cambray. The ear! of Northum-
berlano'> letters are fil'ed with complaints agaitiit the fubjedts and wardens of Scotland ; and he
fpeak of Ins having met with the eail of ttotrnvell, lieutenant on the marches of ScotlanJ, at
Redden-! urn, for fettling all differences. Tne queen-regent makes likewife complaints on her
part. Keith's App. p. 89.

* John Knox came' to Edinburgh, May 2.

4 G 2 offence

59 6 THEB ORDER- HISTORY OF

Elizabeth, offence to Elizabeth that could never be expiated. All thefe jealoufies and

c ^ of En gland^ cau f es Q f complaint were much increaied, on the death of Henry II. which

1559. happened in the midft of the commotions of Scotland •, for the aicendant of

July ;o. tne Q u j)- es over t [ ie new king, whole queen was their niece, was entire ; and

queen Elizabeth had reafon to apprehend every mifchief from men-, fa

ambitious of the aggrandifement of their own family, and at the fame lime

fo zealoufly addicted to the papacy.

The court of England, judging it therefore the bed way for fecuring their

domeftic fafety and quiet, to give timely aid to the reformed and antigallican

party in Scotland, fent for that purpofe, proper powers and iupplies to Sir

James Crofts governor of Berwick, and likewife difpatched to that place Sir

Ralph Sadler, to act in conjunction with him *. Thefe two officers began

with furnifhing fums of money to the leaders of the reformed, to enable them

to pay fome mercenary foldiers, whom they were obliged to retain in their

Knox, p. 114. fervice. Mr. Henry Balnaves was fent to receive one of thefe payments, and

conveyed it fafely to his friends. But the laird of Ormefton, who was charged

Keith's App. with the conveyance of a fecond, amounting to 1000I. fterling, was not fo

p. 43. fortunate; for he was attacked near Haddington and ftript of his cafh by the

earl of Bothwell, who, notwithftanding fome profefiions to the contrary, was

fecretly of the party of the queen regent.

The congregation -f, after having been obliged to conclude a difhonourable
agreement with the queen regent, and to retire from Edinburgh, in the end of
July, received, about fix weeks after, a great acceffion of ftrength, hv the duke
of Chatelherault's coming over to their party. This nobleman, declared by
act of parliament the fecond perfon in the kingdom, and heir apparent to the
crown, had been long jealous of the ambitious views of France to make a con?
queft of his country, and had been in a fecret correfpondence with the court
of England, to defeat thefe projects, and fecure his own interefts. And
his fon, the earl of Arran, who commanded the body of Scottifh guards
retained by the French king, having difcovered his affection to the proteftanc
caufe, to which he had been fecretly converted, provoked the rage of the
Guifes, who fought his life, and obliged him to fly fecretly from France. In
returning to his own country, he was favourably entertained at the court of
Keith's App. England; and recommended to the protection of the governor of Berwick,
t-w who received and concealed him for fome time in the caftle.

Thence being conveyed over the river in the night J, he was committed to
the care of an Englifh gentleman, who travelled with him through unfrequented

* As alfo, according to Camden, with the earl of Northumberland, who was then warden of
the middle march. Hut. Eliz. p. 33. The letters written about that time from Berwick to the
Scottilh congregation, which are publilhed in Keith's Appendix, are fubferibed by Sadler and CroftJ.

f So the reformed party called themlelves.

j Sadler and Crofts fufpefted Thomas Clavering, farmer of the Demefnes of Norham, and
refiding in the callle there, of giving intelligence to the queen regent of Scotland, that Arran had
in paffing been received and entertained at Berwick. Though they could not pofitively charge
Clavering with treachery, they expreffed their wilh to the council of England, that he were
removed farther from the border, and that there were an honed man at Norham in his place.
Sadler and Croft's letter to the council of England in Keith's Append, p. 29.

roads,

ENGLAND AND SCOTLAND.

597

roads, puffing under the hills of Cheviot, to Tiviotdule, where lie was received M,rv -.
by a particular friend of his family, and conveyed thence to Hamilton. ■ "' s ^ " J " d V
.Arran, ibon after, came to a meeting of the congregation at Stirling, where '55"-
he openly joined them ; and making up fome quarrels that his father had with S * 1>t ' IO "
fume of them, engaged him alio to appear publickly on their fide.. This
acccflion of ftreng'th and credit encouraged the party to return in October to
Edin urgh, from whence the queen-regent retired, and fhut herfelf up in
Le.tii ; which was the head-quarters of her French forces, and the fortifica-
tions of which they had greatly improved. The council of the proteftant oa. 2j.
lords did, at this time, fufpend the queen regent from t!ie exercife of her office;
but they were not able to reduce Leith ; and, being difappointed of the fupply
of Englifh money, which they expected to receive by the laird of Ormifton,
they could not longer keep their forces together, but were obliged to retire Nov ' 6 «
from Edinburgh to Stirling, in no fmall confufion and diforder.

Thele diftrefies made the need of a powerful and effectual aid from Eng-
land more and more apparent. To folicic this, the lords of the congregation,
whofe drooping fpirits Knox had revived, by a flaming fermon preached at
Stirling, lent Ma'uland of Lethington, a man of great abilities, who had lately
abandoned the queen regent, and joined himfelf to the proteftants. Maitland,
with Barnavie his aflbciate, pafilng, as is probable, from fame port in Fife to Ke ' th 'sApp.
Holy lfland, was received, the night after their landing, into the caftle of Ber- P " j7 '
wick, by the governor Sir James Crofts. Having remained there a day, con-
ferring with Crofts and Sadler, who gave them all encouragement to hope for
fuccefs in their errand, they were before day-light conveyed out of the caftle, Nov . i«.
and proceeded on their journey to the Englifh court. There they met with a Haynes, p. 213.
very favourable reception-, and in lefs than a month, Barnavie*, or according to
the Scottiih writers, Robert Melvill, returned to Stirling, with aflurances of
effectual fupport from England, on l'uch conditions as fhould be agreed to by
commifTioners from Eliza eth, and the proteftant party in Scotland.

To carry thefe engagements into effect, the duke of Norfolk about the end
of the year came to Newcaftle, inverted with the office of lieutenant-general Noai ^ es '
in a'l the country to the north of the Trent. In his commiflion were ex- Hayne$ ' p ' "*
preffed the apprehenfioris the queen entertained from the great forces the
French had tranlported into Scotland, and in particular her jealoufy with
regard to the lafety of her town of Berwick, the principal key of her kingdom.
She fent, at the fame time, commiffions to the gentlemen of the northern
counties, to raife forces of horle and foot for oppofing the dangerous attempts
of the French, and to bring them to the duke of Newcaftle. Valentine Ib
Brown, an auditor of the queen's exchequer, and a perfon of approved fidelity M4-' * ' "' *"
and exactnefs in former lervices of that nature, was intrufted with the
treafure -f neceflary for the intended expedition, and foon followed the duke to
the north. The duke himfelf made a vifu to Berwick, about the middle of

* Thomas Randall, alias Barnavie. Haynes, p. 238. 241.

f 16000 1. and 400 1. for paying part of an anear of 9 or io,oool. due to the ganifon of
Berwick on the 12th of December. Brown was alio ordered to infpeft the treafurer of Berwick's
accounts, and Aldington's account of victual.

January*

Dec. 20,

Letire <Je

59 8 THE BORDER-HISTORY OF

o El f Z E bet i h and J anuar y' t0 v ' ew the fortifications *, and to concert matters about the intended

Q-o^ngan^. expedition, with Sir James Crofts and Sir Ralph Sadler. After remaining a

a. d. 1560. few days at Berwick, Norfolk returned to Newcaftle to wait the affemblino-

of his army. Meanwhile, a fleet] of fourteen mips of war, commanded by

Winter, having under their Convoy feventeen traniports laden with provifions

and military ftores, was fent northwards; the ftores were landed at Tinmouth,

Holy Ifland, and Berwick ; and Winter, in palling by the latter place, having

conferred with Crofts and Sadler, and for ftrengthening his fquadron and

aiding the Scottifh lords, taken on board a body of harquebutters f out of

the garrifon, proceeded with his fhips of war to the Edinburgh Frith. The

true intention of this was to intercept fuccours from France, or correfpondence

with it, and to encourage and aflift the proteftants ; but the queen of England,

thinking it prudent for the prefent to difTemble her defigns, inftruSed Winter

to give as a rea'fon for his entering the Frith arid continuing there fome days,

that, in the prefent ftormy feafon, it was very unfafe for his great fhips to 'lie

off Berwick -, arid therefore, while his traniports were unloaded there, he

fought a fafe retreat in the road of Leith. But as Winter was advancing

towards this ftation, he was fhot at by the French from Inchkeith, Burnt-

Haynts, P . 131. ifland ' and Leith. This reception removed all fcruple about proceeding to

233 . ' hoftilities; he fell on fome French fhips lying on the Fife coaft, and took

Knox, P . aoz. three of them, two of which were fhips of war, one a hoy, laden with

artillery, ammunition, and alfo with a great number of tools, neceffary for

fortifications. The arrival of this Englifh fleet in the Frith, happened very

* Norfolk, in a private letter to fecretary Cecil, gives his opinion about the fortifying- of Berwick,
which was then carrying on under the direction of Sir Richard Lee. It feemed to him, that the
natural fituation of the place was very unapt for fortifying, and that the work could not be carried
on without great pains and expence. He applauds Lee's (kill, diligence, and frugality, fhewn in
what was already executed ; but mentions a difficulty that had arifen and was not then refolved,
about which he wifhed the molt able in the art of fortifying to be confulted ; which was, whether
it would be moil expedient to have that fide of the old town next the haven to be cut away ? wherein
lay all the queen's ftorehoufes and the beft houfes of the town ; or if the old wall fhould be fortified
and thereby the houfes faved ? Sir Richard Lee who had gone fouth, and was vifitinu the fortifica-
tions at Portfmouth, was foon after fent north to fettle this matter, in concert with "he duke, and
fuch as he fhould appoint. Haynes, p. 228. 24S.

+ Norfolk, on the day he fet out from Berwick on his return to Newcaftle, (Jan. 20.) faw the
admiral with feven fhips lying afore Berwick, and gave orders, before his coming thence, to Sir
James Crofts to embark five or fix hundred harquebuts : (Haynes, p. 227.) but, by a fubfequent
letter of Norfolk, he feems only to hive got two hundred. (Haynes, p. 25 1.) The garrilbn of
Berwick at that time confided of well trained, and for the molt' part old foldiers, who were fo
fkilful in the ufe of the harquebufs and pike, that there were no better. (Haynes, p. 221.)

The duke of Norfolk had not the fame efteem of the captains of Berwick, as of their foldiers;
for he fays, writing to Cecil, ' I think there is not one o.ptain of Berwick, or if there be any,
• very few, but that rather do ferve for gain, than for any good will of fervice. And what <>ood
' fervice is like to enfue of fuch minds ? I can judge nothing but polling and pilling the queen's
' trcalure.' Thefe excefles wc;e not to be remedied till the prefent expedition was over ; but the
duke engaged, if it were the queen's pleafure, either to reduce them to live on the wages allowed
them, or elfe to put others in their places that would. (Haynes, p. 239.) It was a^part of the
charge againft Sir James Crofts, that he had encouraged th, t garrifon to robbery, by his infatiable
pilling and polling j and in the aimy before Leith, Norfolk fays, that the abominable robbery
of the ganionof Berwick had infected the country bands, the Lumbers there being extremely
deficient. Haynes, p. 321. 3 : 7,

oppor-

ENGLAND AND SCOTLAND. 599

opportunely for ftoppjng the progrefs of a body of French, who having over- Mary,
run and plundered a great parr of Fife, and conftrained a party of" h trie of ^ cfSc " :li ' nd '
rhe reformed, under the command of the e:irl of Arran and lord James i 5 6o.
Stewart to retire, were on their march to i'cize St. Andrew's, which they
intended to fortify; but the unexpected appearance of the Engli'fh Iquadron
filled them with apprchenfion of being cut off from their countrymen, and
made them return with great fpeed, by the way of Stirling, to L'.-ith.

A meeting being agreed to be held at Berwick, between the duke of Nor-
folk and delegates from the Scottifh reformers, the duke came thither from
Newcaille, and the Sconifh lords met him at the time 1 appointed ; four of them Feb. *>.
having been brought over from Fife in a fhip of Winter's fquadron. Thefe were, f 4 g y ."lV * 47 '
the lord James Stewart prior of St. Andrew's, Patrick lord Ruthven, John Feb. *+.
W'ifhart of Pittarow, and Mr. Henry Balnaves of Hall-hill. Maitland
younger of Lethington, and Sir John Maxwell of Terreagles, came by land,
and arrived a day l'ooner than the others. With thefe delegates the duke of
Norfolk, after a fhort negociation, concluded a treaty; which being fent up Feb. i 7 .
to the Englifh minilters, and altered in fome points of fmall importance, was
foon ratified by the queen. The chief objeel of this treaty was, the prefer- Rym. vol. xv.
vation and defence of the true Chrifiian Religion, and of the ancient rights and p " s69 '
liberties of Scotland, againft the attempts of France to deftroy them, and to
make a conqueft of that kingdom. For this purpofe the queen of England
engaged to fend a competent aid of her forces, both, by land and fea, who,
with the concurrence of the power of the lords of Scotland, were to endea-
vour totally to expel the Frenchmen from that kingdom. The places of
ftrength recovered from the French, by the aid of the Englifh, were either
to be demoliihed, or immediately delivered up to the Scottilh lords; and
without the confent of thefe noblemen, the Englilh were not to fortify any
place on Scottifh ground. Befide all manner of afii (lance, which the Scottilh
lords engaged to give the Englilh army, they alio bound themielves to furnilh
to the queen of Fngland an aid of four thoufand men, one-half foot and
the other horfe, to receive Englilh pay, in cafe of the French invading
England, or caufing it to be invaded ; or if the invaiion fhould be made on the
north of the Tyne, or if the town of Berwick fhould be attacked *, they were
to raife their whole forces at their own expence, to join them to thofe of
England, and to keep the field the fpace of thirty days, or as long as they
were accuftomed to attend the fervice of their fovereigns in defence of their
own country. Hoftages f were to be delivered to Norfolk before the Englilh

army

* In cafe the invafion be on the north parts of England, on the north part of the water of Tyne
towards Scotland, or againji Berwick, on the north fide of the water of Tweed. Thefe are the
words of the treaty ; from which it would feem, that Berwick was not elleemed by thefe negociators
a part of England.

The earl of Argyle, juflice of Scotland, and a contractor in this treaty, was engaged by it for
his part, to give queen Elizabeth his aid in reducing the north of Ireland to the perfeil obedience of
England. (Words of Treaty.)

f The duke of Chatellieraulr, and nobles aflbciated with him, were engaged by this treaty to
fubferibe and feal it, within the fpace of twenty or thirty days at moft, afte"r the delivery of the

hoftages.

€oo THE BORDER- HI STORY OF

Elizabeth, army entered Scottifh ground •, and it was declared by borh parties, that they
r " - D - aa ' j meant not to detract from the juft rights of the queen of Scotland, or from
1560. any prerogatives of the French king as her hufband, which did not tend to
the fubverfion and oppreffion of the juft and ancient liberties of the kingdom
of Scotland.
Haynes, P , 259, In fulfilment of this treaty, when the feafon for action had arrived, and
26c " fome hopes, given by the French court, of fettling matters amicably had

failed, the Engiifh forces quartered at Berwick and in the neighbourhood,
amounting to fix thoufand foot and twelve hundred and fifty hone, entered
Scotland. The general of this army was the lord Grey of Wilton, who was
lb. p. 219, alio appointed warden of the eaft and middle marches. The fecond peifon in
command, and chief of lord Grey's council, was Sir James Crofts captain of
ib. p. 257. Berwick J. Other principal officers under him were, the lord Scroope lord

marfhal, Sir George Howard commander of the gens d'aimes and demilances,
Sir Henry Percy general of the light horiemen, and Thomas Gower mafter of
March 19. the ordnance. The lord Grey, marching with the foot from the bounds of
Sr. n p S .'ii E 8^' Berwick, where the army had been for fome days encampet;, flopped the firft
Ha>nes,p. 274. night at Coldingham ; and the day following, being Saturday, Sir James
Crofts and Sir George Howard fet out from Berwick, with the lances and
light horiemen. The whole army advanced this day as far as Dunglafs, at
which place the foot encamped, the cavalry being onioned in the adj icent
villages. The next day's march carried them to Linton-briggs and Hadding-
ton •, and as they paffed by the caftle of Dunbar, fome of the garrifon fall! d
forth and fkirmifhed ; but keeping nigh their walls, there were only two or
three lives loft in the rencounter. On the day following, being the firft of
April, the Engiifh army arrived at Prefton-Pans, where the chief commanders
had firft a meeting with fome of the leaders of the Scottifh allies. A plan of
proceeding being concerted, and the queen -regent cbitinately refufing to dif-
mifs the French foldiers, without the confent of her daughter and the French
April 6. king, the Engiifh advanced to the neighbourhood of Leith ; where they were
received by the French, under Martigues, with a fierce and long fkirmiih *.
The fame refolute fpirit was difplayed by the French during a ficge of almoft
three months, although they could icarce entertain any profpect of relief, and,
for a confiderable time before the conclufion of the fiege, were reduced to great

Stowp hoftages. Thefe hoftages wwe delivered to Winter the Enalifh admiral ; and as they were palling

Holmgflied. in a (hip to Berwick, were driven in by contrary winds to Prelion-Pans, while th? Engiifh army lay

Haynes, p. »8o. there, on the 4th of April, and flaid in the army all the night : they at laft reached Berwick on the
7th. Tiie treaty of Bet wick was fubferibed and (e.iled by the Scottifli lords, in the camp before
Leith, on the toih of May, three days after the attempt to f.orm Leith hatl tailed. That misfor-
tune made it more neceffary for them to give ali fatljfticTt ion to the court ot England j and perhaps
it was then no more than thirty days fince tie entry of the hoftages into England.

J The appointment of Sir James Crofts to this fervice was fudden; and the Engiifh council
fearng it would be difagrecable to him, were at pains to reconcile him to it by foo;hirig words
and liberal appointments. Haynes, p. ;j-.

* Iii this fkiimifh great bravery was difplayed by young Fercy, foo to Sir Henry, geneial of the
light horfe; by Barnaby and Kntver, ofneets of that corps; as alio by Trimayn, Randal, ;.nd
Ligons, officers of the foot. Haines, p. :8g.

want

ENGLAND AND SCOTLAND. £01

want of necefiaries. But befides that they were good troops and had brave Mar y»

commanders, they were almoft half as numerous as the army of befiegers f. ^ of Scotlini ;

The duke of Norfolk remained during this fiege at Berwick $, where he received 1560.

accounts, from time to time, of its progrefs ; and from whence he fent, at diffe- chl' n f.'^" s '

rent times, corifiderable reinforcements to the Englifh army. The greateft of Hones', p/304.

thefe reinforcements, confifting of two thoufand two hundred foot, efcorted * by 348,
five hundred horfemen, came to the camp before Leidi about the middle of April i«,

f Norfolk write?, April 10, that the foldiers in Lei h were at leaft three thoufand five hundred
French and five hundred Scots (Hiynes, p. 285). Csrew, writing to Elizabeth, May 28, from
Berwick, fays, that according to the accounts of feveral who had come out of the place, there Mill
remained two thoufand three hundred good foldiers, of which two hundred had ferved as captains,
lieutenants, or enfigns (Haynes, p. 345). Cecil writes to the queen, that the French foldiers, at
the furrender of the place, were three thoufand (Haynes, p. 354).

X Endeavours had been ufed by the duke and Sir Ralph Sadler to gain the Homes and Kers,
who had the chief power on the ealtern part of the Scottifh marches, to zfijft in expelling the
French. Eut thefe chieftains would. come into ro engagements on which the duke could depend
(Haynes, p. 252). He therefore raifed fix hundred light-hcrfemen, four hundred in Yorkfhire, to
carry curriars or harquebujhes, and two hundred in the marches. Thefe, together with the garrifon
of Berwick, and the paver of the country, werfi efleemed a fufficient defence againft the Scottifh
marchers. The duke, writing to the Englifh council on this fubjtct, tells them, " that at all times
" heretofore, when any army of England invaded Scotland, there was ever a convenient power
*' both of horfemen and footmen left to guard the frontiers." About the time of the Englifh army
entering Scotland, lord Home having come to the borders from Edinburgh, a report was fpread,
that he, with his friends, would fet fire in England : " but we have provided, fays the duke,
" fuch fauce for him, that I think he will not deal in fuch matter: but if he do fire but one hay-
" goff, he fhall not go to Flome again without torch-light ; and, peradventure, may find a lan-
" thorn at his own houfe." (Haynes, p. 275.) Norfolk fufpected that the borderers defigncd to
intercept the money he was fending to pay the army at Leith, about the end of April; having had
intelligence that they had orders to be ready at an hour's warning. On that account, and alfo
becaufe of the great weight of the fpecie and want of carts, he fent Valentine Brown with it by
fea. But foon after, the lord Home, with fome other of the marchers, joined the proteflant lords,
bringing with them three hundred horfes. (Haynes, p. 302.) This intelligence feems to have been
erroneous; for Norfolk wiites, May 23, that the lord Home had taxed thofe on the march that
were not able to fetve, and commanded the others to be ready at an hour's warning ; adding, that
" No man can tell what he mindeth to do ; but we look rather for ill than good." Haynes,

P- 3'4- .',,.,

Norfolk took particular care of the fecurity of the borders, having for this purpofe levied a con-

fiderable body of light-horfemen ; the chief direction of which he intruded to Sir Jobn Forfier,

who was efleemed the fitteft man in Northumberland for that fervice. [The only man to ferve in

Northumberland, Norfolk's words. Haynes, p. 275.] He alfo retained with him Sir Fiancis

Leake, as a perfon meft proper to be employed on any emergent occafion, from his knowledge of

the country, and great military experience.

* Garded'n the word, both in Stowe and Holingfhed. Sir Ralph Sadler, Sir Francis Leake, '
•Sir John Forfier, and Sir Nicholas Strange, had the charge of feeing them fafely conducted; and
having feen them out of danger, came, a day or two before them, to the camp.

Sir George Howard, who had been fent to the duke of Norfolk at Berwick, to inform him
of the flate of thefiege, returned to it en the 25th of April, with Sir Richard Lee, under an efcorte
■of five hundred horfemen. Ten days after, thefe two knights departed from the Englifh camp
towards Berwick, conducted by fome companies of horfe. Norfolk, fpeaking of fending Sir
Richard Lee to the Englifh camp, fays, that he fent him the better to know the flate of Leith,
Edinburgh, and Inchkeith ; the two laft named of which places, it had been propolcd to attack,
(while the fiege of Leith was carrying on) and to prick our men forwards to the atchieving of their
intended enterprife there. Sir Richard Lee made a plan of Leith and fent it to the queen. Stowe,
Haynes, p. 296, 297. 307.

4 H April.

6o2 THE BORDER- HISTORY OF

Elizabeth, April. "Nine hundred * more arrived, a few days after a repulfe and confide-

q. of England. ^^ ^ f u fl- a j nec i ^y tne Englilh, in a too hafty and ill-conducted attempt

"T^eo. they made to fcale and ftorm the town. A great part of the blame of this

May io, i 5 . milcarriage was laid on Sir James Crofts, who did not make the affault on the

May 7 ! part of the wall affigned to him. The duke of Norfolk, concurring with

HaynesfptVii. lord Grey in his accufation of Crofts, and infinuating that he had a fecret

318. 320, jai, cdrrefpondence with the queen-regent of Scotland, and had oppofed the expe-

3461 dition into that kingdom, ordered him to leave the Englifh army, and to

repair to Berwick : he was from thence fent to London \ and upon an inquiry

made into his conduct by the privy council of England, was deprived of his

government of Berwick, which was conferred on the lord Grey -f. The laft

iuccours that came from Berwick, in the courfe of this fiege, were two bodies

of three hundred men each J ; who, fetting out on the 8th of June, arrived.

in the camp on the 10th; on which day the queen-regent of Scotland, worn.

out with vexation and grief, died, in the caftle of Edinburgh.

The inteftine difquiets of France, where the Guifes were envied and ab-
horred, joined to the wifdom, fecrefy, and fpirit of the counfels and meafures
of the court of England, made it impracticable for the French to fend in
U„ nM , time any effectual aid to their countrymen in Scotland. This impelled them
to exhauft all their arts of chicane, in endeavours to amufe and delude the-
court of England §; and to feparate the proteftant lords from that court, as
well as to divide them amongft themfelves. The chief agent in thefe negocia-
tions on the part of France, was Monluc bifhop of Valence, who came about
the middle of March to the court of England ||, from whence, after a fhort.
ftay, he was allowed to pafs by the way of Eerwick into Scotland, and arrived
in the Englifh camp a fortnight after the commencement of the fiege of Leith.
April 11. After a week fpent in vain, in confulting with the queen regent, and treating
with the lords of the congregation, he returned to Berwick, and thence to
May i2. the court of England ; he had not been long there, when the Sieur de Randan;

• Thefe nine hundred were a part of the Berwick garrifon. Norfolk, on receiving the fiift news
of a repulfe, fending away four hundred, and a few days afterwards, at the defire of Sir Ralph
Sadler, five hundred more ; thefe latter being Sir Francis Leake's men. The duke thought it hard
that the town mould be left fo unfurnilhed, as that of two thoufand men there mould be left but
one hundred. The duke had ordered three thoufand more men to be raifed in his lieutenancy, and
until they, or a competent part of them arrived, he was fain to furnifh the town with horfemen
of the borders, which were but a weak defence if the enemy had been able to do any hurt. Nor-
folk's letter. May 13. Haynes, p. 306.

•f Norfolk, writing to Cecil, June 4, calls Crofts the Bell-wether of all his mifchief.
Haynes. He did not however lofe the queen's favour, but was afterwards made comptroller of the-
kingdom. Camden.

J The one commanded by Sir John Nevill, the other by captain Bridges and captain Drury,.
Stowe, Holingfhed.

§ The fiege of Leith was, in its beginning, much retarded by thefe negotiations. Haynes.

jj Monluc came to London on the 17th of March, and in his way to Scotland, arrived at Berwick
April 6, from whence he fet out on the 20th ; the lords of the congregation having fcrupled much
about allowing him to enter Scotland. He returned to Berwick on the laft of April, having
infringed fomewhat of his fife conducl, which extended to eight or ten days; and he came not
back till, the eleventh. Haynes, p. 274. 27a. 235. 302.

arrived

ENGLAND AND SCOTLAND. 603

arrived from France, with a commiffion * appointing the bifliop of Valence, Mj t.

and Randan himfelf, together with the bifhop of Amiens, D'Oyfel, and La . "' "' '" V
Broffe, who were fhut up in Leith, plenipotentiaries, to meet on the frontiers »s°°-
of Scotland, with deputies from the queen of England, having the like powers ; Keilh^p"^.
in order, to compofe and prevent the farther progrefs of differences that had Ry>- vol. »».
arifen between the crowns, by the affembling of foldiers near the marches, in p * j81 '
confequence of the rebellion of lbme of the fubjects of Scotland. By a com-
miffion thus expreffed, the court of France fought to avoid the diigrace tf
entering into a treaty with their rebellious fubjects.

The queen of England having appointed her fecretary Sir William Cecil, and May ti .
Dr. Wotton dean of Canterbury, her plenipotentiaries f, they fetout with the
bifhop of Valence and the Sieur de Randan, from the court of England, and
came to Berwick on the 13th of June, At that place, on the day following,
they agreed on certain preliminary articles, by which they fixed Edinburgh for Keith, p. 131,
the place of treaty, and the 16th day of the month for the time of beginning
it. The object of the other articles, wherein the Englifh appear to have
fufficiently fupported the character of the matters, was to hinder the French
commiffioners from any fecret practices with Scotchmen J. With this view,
it was agreed, that the French commiffioners with their retinue, fhould enter
Scotland, in company with the commiffioners of England ; that they ffiould
carry no more money with them than what fufficed for their ordinary expences,
and that neither on their journey, nor at Edinburgh, while the treaty was
depending, they fhould have intercourfe with any, either French or Scottifh
man, without the confent of the Englifh commiffioners §.

* The commiffion publifhed by Keith in Englifh, (p. 143.) is dated the 2d of June, at Re-
morentin. The commiffion in Rymer, vol. xv. p. 581. in French, is dated May 2, at Chenonce3u.
From the time of Randan's arrival in England, the latter appears to be the true date. The words
of both commiilions are the fame ; only there is an article in Keith's copy, empowering the French
commiffioners, to give affiurance of the clemency of their fovereigns to the Scottifh fubjedls on their
repentance, that is wanting in Rymer's. This may have been an omiffion of Rymer's tranf:riber.
Or as the places of the dates of the two copies are different, perhaps the defeft in the frft com-
miffion, which was very material, had been fupplied by a fecond afterwards transmitted.

f The duke of Norfolk calls Wotton his uncle. Letter to Cecil, Haynes, 318. Henry Percy and
Peter Craw, were joined in commiffion with Cecil and Wotton ; but the two latter are only named
in the inllruments of the treaty, and alone fubfcnbe thefe inftruments; as on the other part, none
of the French commiffioners appear in thefe inllruments, except the bifhop of Valence and the
Sieur de Randan. Both the French and Englifh commiffions give any two of the commiffioners
full powers to act.

J The Scottifh lords, dreading mifchief to their caufe from the practices of thefe Frenchmen,
fent lord Ruthven to Berwick, to fignify their defire to Norfolk, that they might not be fuffered to
come nearer to the borders than Newcaftle. The lords had heard, that feveral captains and
engineers had come over with Randan, as his fervants, with a view to join their countrymen in
Leith. Haynes, p. 320.

§ Cecil, writing from Berwick, June 15, to Sir William Petre. chancellor of the garter and privy
counfellor, fays, '* We be fo traverfed withal by this French bifhop, as we can make no certainty
' of our proceedings. All yefterday was fpent in articles touching our entry, our manner of treaty,
' the abftinence of wars ; and fo agreed, as we determined, to take our journey this morning.
' Yefternight they forbore figning them upon cavitations, and yet gave us hope that they would
' finifh them by four o'clock this morning, and now, until this hour, which is fix, we cannot have
* fpcech of them, excufing themfelves by long fleep.'

4 H 2 This

604

THE BORDER- HISTORY OF

Elizabeth, Xhis treaty did accordingly begin at Edinburgh on Monday the ifjth, buir

cy>f E n ^ hni - i although in one of the Berwick preliminaries, it was agreed to finifh it, if
"T^oT - poffible, on the Saturday following ; yet fuch difficulties arofe, and fo many

Haynes, p. 329, p art i cu l ar circumftances were necefiary to be adjufted, that die negociation

continued full three weeks, by which time the garriibn at Leith were reduced to

the greateft extremities. The agreement which was at laft concluded, was

J uIy ?'*' reduced into three different inftruments *. By the firft, were fixed the circum-

^ ym.^vo , xvr. f£>j nces Q £ tne demolition of Leith. This was to be carried on with all poffible
difpatch, by the French and Scots of the reformed party, with the affiftance
of the Englifh, if neceffary. But as foon as the demolition was completed, the
Englifo fcot -j- were to retire to Muffelburgh ; and the French forces in Leith
were to be embarked on board Englifh fhips, which were to carry them to
France ; and when the embarkation was fiiiifhed, the Englifh were to march
to Berwick, where, after being muftered and receiving their pay, they were to

Rym.'ib.p. S9J. be difmiffed. The fecond inftrument contained a treaty between the king and
queen of France and Scotland on the one part, and the queen of England on
the other. By this, the treaty concluded at the caftle of Cambrefis, in the
preceding year, was in all points confirmed.. But as in confequence of the
difturbances that had arifen in Scotland, foon after the conclufion of that
treaty, the fortrefs of Eyemouth, which was appointed to be demolifhed and
rafed to the ground, was not yet reduced to that condition, although its
demolition had been begun ; it was now agreed, that it fhould be entirely
deftroyed before the end of four days, to be reckoned from the commence-
ment of the demolition of the fortifications of Leith; and if needful, the
Scotchmen intruded with the direction of this, work by the Englifh am-
baffadors, were to have the affiftance of Englifh pioneers and workmen. By
other articles of this treaty, it was agreed, that Francis and Mary fhould no
longer affume the arms and titles belonging to Elizabeth ; and that, at the
interceffion of Elizabeth, they fhould extend their clemency and bounty to the
nobility and commons of the kingdom of Scotland, by granting them certain
requefts, tending to the honour of the fovereigns, and the general order and-

Keith's Hift; tranquillity of the kingdoms. Under this form of conceffions, gracioufly.

'* 137 ' made by the king and queen of Scotland to their fupplicating fubjects, was

drawn up a third inftrument, containing the articles demanded by the con-
gregation for their liberty and fecurity both civil and religious. In this inftru-
ment, the circumftances of the removal of the French troops were more
diftinclly fettled. All cf them were to be carried to France except an hundred,
and twenty, to be left in the forts of Dunbar and Inchkeith, fixty in each;,
and proper regulations were made for hindering thefe fnall garrifons becoming
any way oppreffive or dangerous to the country. Certain new works erected;
at Dunbar, fince the beginning of the late troubles, were to be thrown down-
without delay ; and no fortifications were to be henceforth anew erected or:

* Two of thefe are given by Rymer, the third is in Keith. There feems to have been a fourth,
wherein the circumftances of the removal of the French forces were more diftinftly fettled, than
they appear in the inftruments abovementioned.

■f Foot of the Englifh army. (Words of Treaty.)

augmented,

ENGLAND AND SCOTLAND. 605

augmented, nor thofe now to be demolifljed repaired, without the confent of M.ry,
the dates. The peace being thus concluded, the French army, ten days ^ ofS c °' lal " i '
after, put to fea in Englifh bottoms *. The Englifh army, at the fame time, i 5 6o.
began their march towards Berwick -J- ; and, as they patted by Dunbar, J ul)r * 5, ,
took care that the new works lately added to that fortrefs, fhouid be de- hTs ? '. P c'/.''
molifhed according to the treaty. The Scottifh nobles who had called them £ Vf-
to their aid, did, in teftimony of their gratitude, convey them fome miles, ' 1,p ' 145 '
in their march homewards ; and the prior of St. Andrews, and Maitland of
Lethington, accompanied them all the way to Berwick J.

The important tranfactions above related, with regard to Scotland, did
naturally render the ftate of the garrifon and fortifications of Berwick, an
interefting objecT: to the queen of England and her miniftry. A refolution
was formed to make the place ftronger than it had ever been. For this pur- Camd H;ft
pofe its compafs was much reduced, and its new walls and ramparts on the Eiiz. P . 6-,.
land fide laid out and conftrucTred, according to the method of fortification not
long before invented §. At the fame time, its garrifon, which had formerly
confided of five hundred men, was considerably augmented, and thofe who
ferved in it had an additional pay ; their difcipline was alfo rendered more
ftrift. By thefe means the place was not only made ftronger againft the
attacks of enemies, . but became an ufeful nurfery of military men, and
afforded a comfortable retreat for veterans. Thefe works were begun and car-
rying on in the time of the expedition into Scotland **, as appears from what
is above related ; but were not finifhed till two or three years after. The lord
Grey of Wilton fucceeding, as was before obferved, Sir James Crofts, foon

• There were four thoufand and odd perfons to be tranfported to Frarxe, with their armour and
baggage. Hayoes.

f Cecil writing to Sir William Petrean the 14th, fays, " That there was no reafon that Norfolk
" fhouid tarry in Barwyk, having no lodging there either meet fcr him, or I afiiire you (adds he)
" meet for my poor countenance." — He recommends in this letter, Sir Francis Leake, as an interim
governor, on account of his being acquainted with the frontier. In a letter written eight days ■
before, he fays, that it had been iigniried by the queen, that two thoufand fcldieri Ibould remain
at Berwick befrees the eld ordinary garrifon ; but he took it to be mear.t belide the new
ordinary, which is two thoufand, and that there fhouid be other two thoufand; for that tie
old ordinary was not fix hundred and twenty. And until he heard the contrary, he meant
to Hay four ihoufaod men at Berwick for one month's fpace. — Norfolk did not remain long at Ber-
wick. From a letter publifhed by Haynes, it appears he was at Newcastle on the 29th of July.
Haynes, p. 353. 358. 360.

J Lethington writes from Berwick July 19, to the lady Cecil, a polite and obfequious epiltle;
it appears from this and other letters in H3yres's collection, that the earl of Arran and lord James
did alfo pay great court to this lady, for the fake, no doubt, o:' raining favour with her mijirsfs and
buf! and.

§ In confluence cf thefe improvements, Camc'cn cs'.ls it, ntunitiffmum iotiut Brit.i>ini<*
etpidum. The manner of fortifying with bailions began in the time of Francis I, and Chailes V.
or at l'ooneft of Louis XII. One of the tuft towns on this f.de of the Alps, fortified regularly with
baftions, waa L ..ndrecy, execmed by Francis. New Hefden on the frontiers of Artois, was foon
afterwards fortified by Charles V. in the time of Henry II. P. Dan. vol. i. p. 602.

** In an crder of Guild, dated January 17, 1560, mention is mide of perlbns having their
Houfes taken down /br the -Mark, The members of the Guild were ordered to pay of every pound
e-joht-pence to them, that were appointed to fute the fame at the council's hands, in another order
Jo 1562, a tower in Hide-hill (a tirect in Berwick) is mentioned as taking down for the queen's
fortifications fair Richard Lee, furveyor for thefe woiks, had valued it at 160 1,

\. after

CoO

E!i7aSetti,
Q. of En-laiJ.

I ;6o.
Archives,

oa.i.

Cmd. ib,

Sept. i.
Rym. vol. xv.
p. <jo.

Dec. 4.

Keith's

Hill.

p. 168.

A. D.

1561.

Aug 19.

THE BORDERS HISTORY OF

after the return of the Englifh army from Scotland, was the firfl: who bore the
title of Governor of Berwick * •, his immediate predeceffor Crofts being en-
titled captain of the town and cafile. This change feems to have arifen from
the caftle being neglected, in confequence of fortifying the town on the new
plan; for that ancient fortrefs, which adjoined immediately to the fouth-weft
corner of the old town wall, was left at the diftance of feveral hundred yards
without, from the neareft part of the new fortifications. When the lord Grey
entered to his charge, he received from the queen a let of new orders for the
government of the town and garrifon ; which had become neceffary, both from
the neglect of ancient regulations, and becaufe the garrifon was now much
greater than it either was indeed, or was ever meant to be, when the ancient
orders were framed. Thefe orders however, as is declared in the introduction to
them, were only intended as an interim eftabliihment, by which prefent defects
and irregularities might in fome degree be remedied, until the fortifications
were completed, and a fixed garrifon fettled in the place. While this care and
expence was beftowed on Berwick, the other places of ftrength near the border
towards Scotland were not neglected ; the charge of infpecting and repairing
all fuch fortrefles, as were fituated within twenty miles of the border, being
committed to perfons properly qualified by their rank and abilities for that
trjuft.

Thefe meafures of fecurity and defence on the part of Elizabeth were not
taken without juft caufe. For though the treaty of Edinburgh was ratified by
her within the ftipulated time, yet the queen of Scots and her hufband refilled
their ratification. And though Mary's widowhood, which happened a fhort
while after, rendered her far lefs formidable, yet the influence of her uncles
made her ft ill obftinate in denying the ratification •, which Elizabeth, by her
ambaffadors, earneftly folicited, as the only method of obliterating paft jea-
loufies and quarrels, and eftablifhing a firm friendfhip between them. Mean-
time Elizabeth was careful to cultivate her intereft with her friends, the nobles
of the Scottilh congregation ; while they, juftly regarding her as their fureft
fupport, were no lefs afilduous in courting her favour and protection. Hence
aroie great quiet on the borders, and as it is expreffed in a letter of Elizabeth
to the Scottilh council, " a better peace betwixt the realms, than ever was heard
" of in any time."

Mary, finding her refidence in France dilagreeable after the death of her
hufband, and being folicited by her fubjects of both parties to return to her
native kingdom, did, notwithstanding her being refufed a fafe-conduct from
Elizabeth, refolve on a pafiage by fea from France to Scotland, and happily
accomplifhed it. She was received with great joy by her fubjects -, and com-

* So he is called in a manufcript copy of oiders r;iven him, at the time cf his entrance to his
government. In the introduction to the fummary or new orders that wee made, on the earl of
Bedford's fucceeding lord Grey in heb. 1564, it is faid, that this book of orders could not be found
fince lord Grey's death. In that intioduclion it is alio {aid, that the 1 all rrentioned orders were
.deliveiecl 10 loiu Grey, " upon the encreafe of the garrifon at Berwick with a new crew, in the
" fecond year of the queen's ic'gn ; and the placing of the late lord Grey of Wilton, now deceafed,
" as governor there.

menced,

ENGLAND AND SCOTLAND. 607

menced, immediately after her arrival, a friendly correfpondence with Eliza- Mary,
beth, which fubfifted a confiderable time. Her friends in France, aware of . " co "^
the power of the lords of the congregation, which the queen could not at firft *5 6 '.
have any profpefl of fubduing, had advifed her to yield to the necellity of the
times, and to place her brother, the prior of St. Andrew's, at the head of her
councils. This ftep, which the queen immediately took upon her arrival, did
at once procure domeftic tranquillity, and preferve concord with the court of
England, who were in the greateft confidence with her brother. Mary, though
willing to abandon the arms and titles of the Englifh queen, yet refuted to
ratify the treaty of Edinburgh, as being prejudicial to her juft claim of the
crown of England, upon the demife of Elizabeth without heirs *; and Eliza-
beth, though offended at Mary for propofing, by her ambaffador Maidand
of Lethington, to be declared the heir apparent of the Englifh crown, did yet
give hopes of doing what was reafonable and fa f e in that matter, if Mary would
gratify her with regard to the treaty of Edinburgh. A comfpondence, by Haynes, P . 37 «j
letters, abounding in expreffions of mutual affection and regard, was earned 379,
on for fome time betwixt the queens. And a perfonal interview, in the fol-
lowing fummer, was propofed, as the belt method of compofing difienfions,
and cementing an entire friendfhip.

Meantime the accuftomed diforders began to prevail in the marches ; and
Mary, to give a fpecimen, in the beginning of her government, of her love
of peace and juftice, refolved to exert an unufual vigour in fuppreffing them.
For this purpofe, fhe appointed her brother the lord James her lieutenant and Keith, p. i 9 r,
jufticiary, empowering him to hold courts at Jedburgh, for the trial of ,99 j^°°', ,
offenders; and with advice of the council attending him, to employ fuch
forcible methods as fhould appear neceffary, for feizing malefactors, and
deftroying their houfes and places of defence. The banditti, at that time,
were fo numerous and daring, that, in order to enable the queen's lieutenant
effectually to fubdue and extirpate them, the nobles, freeholders, and fighting-
men of the eleven neareft counties -f- were fummoned by the royal authority
to accompany him ; having fufficient armour and provifion for twenty days.
The lord James did not wield the fword of juftice in vain. More than twenty
of the banditti were apprehended and executed J. Many of the houfes that
harboured or defended them were burnt : above forty prifoners were carried to
Edinburgh to be tried there. The chieftains of the borders were alio obliged
to repair to Edinburgh, to receive orders from the queen for preventing ads

* Mary, writing to Elizabeth, January ;, 1562, fiys, "How prejudicial that treaty is to (ic
title and interes as be birth and natural defcente of your awin linage may tall to us, be very in-
flection of the treaty itfelf you mav eafily perceive, and how flenderly a matter of fie great conte-
quence is wrapt in cblcure termej." Haynes, p. 377.

f TheJe were, the fhires of Berwick, Roxburgh, Selkirk, and Peebles, the three Lothians,
Stirling- (hire, Clackmannan and Kinrofs-ihires, and the (hire cf Fife. The fighting-men of thele
counties were to meet the queen's lieutenant, or jullice, at Lauder, on the 13th of November, and
topafs with him to Jedburgh, where the jullice-court was to begin to beheld, on the-icth.

I Randolph, in his letter to Cecil. (Keith, p. 205.) fays, that twenty-two or twenty-three of
them were hanged. J. Knox fays, there were twenty-tight of one clan, befiJe others. Buchanan
fay-% twenty-eight of the nerceit of them. Knox, p. 294, Buchanan, 1. 17.

•tb. p.-jSg.

608 THE BORDER. HISTORY OF

Elizabeth, f jnjuftice and violence amongft their dependents for the future. The lore?
^ Bg ""j. James had, during this expedition, a meeting at Kelfo with the lord Grey
1561. and Sir John Forfter, the wardens of the eaft and middle marches of England;
and fettled with them proper meafures for keeping peace and order on both
fides.
a. d. i 5 6i. j n t] ie following fummer, Maitland of Lethington, Mary's principal fecre-

'jnes, p.j , ;tary, was fent by her to the Englifh court, to conclude the agreement and
fettle the terms of the interview propofed betwixt the queens. He foon ob-
tained Elizabeth's confent to meet with Mary at York, or ibme other conve-
nient place on the north of the Trent, in the Autumn of that year-, if the
troubles in France fhould be compofed before the end of June, of which there
was then a probable appearance. Advertifement being foon after received
of an accord between the Prince of Conde and Guile, Elizabeth empowered
lord William Howard of Effingham, her chamberlain, to fettle with Lething-
ton articles for ordering the interview, and for giving full fecurity to the
queen of Scotland and her train while in England. Thefe articles were
accordingly agreed between the two commiffioners *, a fife-conduct was drawn
up, and all manner of preparations was beginning to be made for the re-
ception and entertainment of Mary and her retinue, when intelligence arrived
lb. ?. 391, 39*. from France, of the civil diffenfions breaking forth anew in that kingdom
with frefh violence ; the Guifean party having deceived Conde, and proceed-
ing to fuch extremes of cruelty againlt the Proteftants, as were very alarming
to all of that religion. Thefe circumftances made Elizabeth and her council
of opinion, that ic was imprudent to leave her capital at the time intended.
But ffie had no fooner taken this refolution, than (lie fent Sir Henry Sidney
to Mary, to declare her great forrow for being difappointed of the expected
vifit of her beloved fitter; and to explain at length the reafons that made her
Sb. p. 393. change her relblution. He was alfo inftructed to propofe an interview in the
fummer of the following year, and carried with him a ratification of the
articles abovementioned for Mary's fecurity, extended to that time. But
Elizabeth foon after openly joining the French Proteftants, Mary, both from
Camd. p. 66. j^ zea j -, n religion, and fear of wholly lofing the friendfhip of her uncles,
refufed to confent to the interview, unlefs (he fhould be adopted by Elizabeth
as her heir, and declared fuccefibr to the crown by the parliament of England;
conditions which Elizabeth was too jealous of her power and fafety ever to
admit.

* Mary's retinue wos allowed to coDfift of a thoufand. If fhe pleated, the might enter England
by the ttn\n of Berwick, fo as her train, within" that town, exceed not the number of two hundred
perfons at one time ; and that, in the whole, from the time of her entry, to her return, there might
paf- thiough that town, the number of three hundred perfons, and not above, and the reft to pafs
by Norham and Wark. The moneys of Scotland not being current in England, it was agreed,
that either the treasurer of Berwick; receiving from the officers of Mary, 10,000/. oriels, of gold
or filver of Scotland, ihoald give in exchange an equivdlent Aim of the moneys of England. Or
that the queen of England fnould make the Scots moneys, at their jolt proportional value to that
of the current coins of England, to be current in England, from the tine of the qu^en of Scotland'6
•entry, and for fix months tfter it. Haynes, p. 390,

Queen

ENGLAND AND SCOTLAND.. 609

Queen Elizabeth embarked in the fupport of the French Hugonots, from Mar y-
considerations fimilar to thofe that induced her to efpoufe the caufe of the ° L . \
Proteitants in Scotland. But her fuccefs in Scotland and France was nut '-,62.
equal. For, her allies -J- in the latter kingdom delerting her, (he was reduced c,mden '
to the neceffity of defending Havre de Grace J, which the Proteftants had put a. d. i 5 6j.
into her hands, againft the combined power of her enemies and late friends.
But the plague breaking out in the garrifon during the fiege, it became im-
poffible to retain an acquifition which, it was once hoped, might have been
the mean of procuring the reftitution of Calais *. The queen of Scotland,
during thefe tranfadions, was induftrioufly careffed by Elizabeth ; and the
minifters of the former being, at the fame time, firmly attached to the Englifh
interefts, (he was not, as was almoft always the cafe of her predecefiors, drawn
openly to quarrel with England, in the caufe of France.

New diforders arifing on the marches, and experience (hewing the expe-
diency of making additions and amendments to former regulations, contrived
for that turbulent fcene •, commiffioners § from both queens, in the autumn
of this year, met, for this purpofe, firft at Carlifle ; whence, paffing to
Dumfries, they did there draw up and confirm, with their figns and feals, a Sept. i 3 .
convention, confiding of feveral articles. This convention begins with repre- Nicholf - | orde1,
fenting, that the trefpaffes and injurious attempts on each fide were become fo nu- ,oj. s ' P ' 4 ~"
merous, that the redrefs of them all was impracticable, without bringing fuch
diftrefs on the inhabitants, as would greatly weaken the frontiers of both realms.
It was therefore refolved to temper juftice with clemency ; that fubjects who had
been diforderly, might be gained by the goodnefs of their fovereigns-, and that
future offenders might undergo the greater! rigour of juftice. For effecting
thefe good purpofes, the commiffioners were commanded, by their refpective
fovereigns, to proceed at the prefent meeting, not as parties for the one or
other kingdom, but with perfect indifference, as chofen for both king-
doms, to reduce the borders of each realm to good order ; and to confent to
all things that tended to the continuance and eftablifhment of the prefent amity
and peace between the two queens and their realms.

With thefe views, it was agreed, that redrefs fhould be made by the officers
of each realm, within their proper diftricts, for all murders, (laughters, and
offences, formerly committed, and contained in rolls now fubferibed by the
commiffioners, and delivered by thofe of either fide, to thofe of the other j

•J- The prince of Conde and admiral Coligny.

X A fupply of three bands of one hundred men each, under the captains Tremaine, Cornwall,
and Carew, was fent from Berwick, and arrived at Havre, June 9th. Holingf. Eng. Chron.
p. 1202. Strype fays, that three old bands were fent from Berwick, in the preceding December,
to go thither. Strype, vol. i. p. 367.

* The remainder of the garrifon of Havre brought over with them to England the plague,
which, in the city of London, deftroyed, within a year, twenty-one thoufand five hundred
perfons. Camden.

§ The commiflioners on the part of England were, the lord Scroope of Bolton, warden of the
weft marcher, Sir John Forfter warden of the middle marches, Sir Thomas Gargrave, vice-prefident
• of the council of the north, and John Rookby LL. D. and one of the faid council. And on the
part of Scotland, Sir John Maxwell of Terreagles, and Sir John Bellenden, juftice clerk.

4 I but

Above, p. 5791

610 THE BORDER- HISTORY OF

Elizabeth, birt that all tranfgreffions, committed before the tenth day of the preierr
v^ , nSa " * month, and not contained in the abovementioncd rolls, fhould be put to per-
•»5 6 3- petual oblivion, and never become the fubjecT; of any future complaint. BviC
with regard to offences committed fince the tenth, or that fhould, on either
fide, be hereafter committed, it was ordered, that the officers, in whofe
diftricls the offenders refided, fhould redrefs them as foon as might be, ac-
cording to laws and regulations formerly in force, and to thole in the prefent.
convention. In order to which, the wardens fhould hold their days of march
frequently, and attend them in perfon, as often as they could ; not leaving,
them to be held by their deputies, without fome great and juft occafion.
Thefe days of march or truce were to be kept at leaft once a month, and the
meetings to be continued, from day to day, until all caufes brought before
them were difcuffed, and juftiee difpenfed according to the treaties ; fo that
redrefs fhould not be confined to damages of equal amount, or the fame num-
ber of bills on each fide, but every complaint fhould have a fair hearing and
decifion. For the farther enfuring of thefe equitable proceedings, it was
ordained, that each warden fhould, on the next march day held by himfelf,.
and ever after, once a year, at the fnft meeting after Midfummcr, make oath,
to do juftiee in all complaints brought before him, and belonging to his
office and diftridt, without favour, malice, delay, or any exception : alfo,.
that, in caufes referred to him, and in which he was to proceed upon his.
honour, in the manner explained in the account given of the treaty of 1553,
he fhould make inquiry and redrefs to the utmoft of his power ; and that, if in
fuch caufes he fhould in any inftance abfolve the perfons complained of, and
afterwards difcover the real offender, he fhould ftill give juftiee againft him,
although not named in the complaint. An oath, for the faithful execution of
their duties, was likewife to be made by thole joined to the wardens in their
inquiries, and by the members of any inqueft or affize for the trial of com-
plaints.

The fpeedy difpenfation of juftiee being much promoted by the method of
Above, p. 5S0. t ^ e war( jen's inquiring, conviSling, and making deliverance"^., upon his honour,,
with the affiftance of fix honeft and refpeclable men of his diftridt, nominated
by the oppofite warden, this form of procefs was ordained to continue ; but.
with a provifo, of its not being thereby meant to derogate from or abolifh the
ancient laws and cuftoms of the marches, which allowed the hot trod for
recovery of ftolen goods ; or the trial of an affize, before which, a lawful
proof fhould be led, if the plaintiff made choice of this way of trial. It
having been alfo found, fince the order was introduced, of the wardens making
inquefts upon their honour, that fome wicked men had prefented bills of com-
plaint wholly groundlefs, and thereby affronted jultice, in leading the wardens
to make fearch concerning what had never exifted. In order to obviate this
abufe, it was now ordained, that the prefenters of fuch lying bills, fhould be
delivered to the oppofite warden, to be punifhed, imprifoned, or fined, foe
their offence, according to thedefireof the warden offended.

£ In the convention, by fpearing, fjling, and delivering, upon' his honour.

Juftiee

ENGLAND AND SCOTLAND. 611

Jufcice being often much obftructed by the connivance or protection given Ma| y>
by the lords or other proprietors of lands, and their officers and bailiffs, to the rj- ° _^"" a ^ '
tenants and inhabitants of their grounds, it wa r judged necefiary and expedi- ij6j.
ent, after the arreftir.ent of any ot this latter clafs as offenders, and intimation
given of their offence to the former, that thefe lords, or their agents, fhould
endeavour, to the utmoft of their power, to make fuch offenders appear before
the warden, to anlvver juftice in the matters they were charged with. And if
the lords or proprietors of lands, or their officers, fhould fail and be culpable,
in this relpeci:, then the warden fhould charge thefe perfons them/elves, with the
redrefs of the offence committed by any of their people-, with the exception,
that when the offences were capital, they fhould not fuffer death.

It was next agreed, that every warden fhould ftrictly maintain his authority,
within his own jurifdiction, and make the inhabitants under him, fenfiole of
•the obedience they owed him. And for the better fupport of his authority,
if any of his people proved refractory and fled over the march, the warden fo
difobeyed, fhould give information of the fugitive, to the warden oppofite to
-him, requiring him to feize and deliver up the offender without delay ; which
the warden thus required, fhould do his utmoft to effect ; and, if the fugitive
was not in the mean time apprehended, fhould, within fix days, caufe him to
be proclaimed throughout his wardenry, and alfo, inform his two neigh-
bouring wardens, that they might, in the fame manner, proclaim him within
their diftricts. And after fuch proclamation, whatever perfon entertained or
aided the fugitive, fhould be delivered to the warden who made complaint ; and
in cafe the refetter did not produce and deliver the fugitive, the former fhould
incur the punifhment to which the fugitive himlelf was liable. Farther, if the
fugitive carried his goods to the oppofite realm, the warden delivering him up,
fhould retain thefe goods for his pains. But if the fugitive was not appre-
hended, but only his goods feized, the goods were to be reftored to the war-
den of the realm he left; and redrefs to be made, as for goods unlawfully
received, contrary to the treaty of peace. When fuch fugitives affociated and
formed themfelves into a body for mutual defence, whether they belonged to
both or either of the realms, the warden of either fide, when required by the
other, to give his aid to puriue and apprehend fuch criminals, fhould be ready-
to do fo, accompanied by fuch numbers, and at fuch times and places as fhould
be agreed upon. And if any rebel or fugitive fhould make his efcape, in
confequence of being apprized by any perfon of the defign or approach of the
wardens to apprehend him, the informer was to be delivered to the warden
complaining, to fuffer imprifonment for a year, and to be fined a fum equal to
the value of all his goods •, or even to undergo capital punifhment, if the war-
dens of both kingdoms found it expedient to inflict it.

For the fame end, of fupporting and making effectual the authority of the
wardens, it was ordained, that, if any perfon of either realm fhould come
within the other, violently to obftruct or oppofe a warden in the execution of
his office, he fhould be confidered as a public offender againft the treaty •, and
therefore, if flain, hurt, or apprehended, he fnould be regarded as a fubject
of the kingdom where his offence was committed, and fhould not be claimed

4 1 2 as

612 THE BORDER-HISTORY OF

Elizabeth, as a fubjefk of the kingdom from whence he came : and if he mould efcape

Q^ of England. J i • • j j • i r , n r ■

y^~^~s to his own country, the injured warden might prefenta bill for recovering
J 5 6 3- him. And on his being convicled of the crime, he mould be given up to the
plaintiff, to fuffer punifhment, at his difcretion, and as a fubject of the king-
dom where he had offended. The purfuit of offenders or fugitives from juftice,
in hot trod, was alfo now allowed to be made by wardens over the march into
the oppofite kingdom. It was declared lawful for the warden to continue this
purfuit, until the criminal mould be apprehended, and to carry him back to
his own jurifdidion, to fuffer punifhment. And the fame warden might
require any inhabitant of the oppofite kingdom, who made refiftance to him
in this purfuit, to be delivered up to him, to undergo punifhment at the war-
den's difcretion. But it was thought proper, and ordained, that the warden,
in thus purfuing, fliould take the firft perfon he met with in the oppofite realm,
or one out of the firft town he arrived at, to accompany and affift him in this
purfuit. Farther, if, in fuch cafes, any of the company of purfuers fhould
commit any injury in the oppofite realm, it was appointed, that the offender
fliould be delivered to the oppofite warden, to be tried and punifhed, at the
difcretion of that warden and other twelve perfons of that kingdom, to be
named by the warden of the other fide.

The next article was intended as a provifion for the avoiding of perjury,
which had been too common in the valuing of flolen cattle ; and at the fame
time, for the greater terror of thieves, by afcertaining the penalties they in-
curred. For thefe purpofes, the values of beafts of different kinds were efta-
blifhed * ; according to which, redrefs was to be made, for thefts committed
fince the 10th inftant, and in times coming. It had been the eftablifhed
Aioit, p. 582. cuftom to compel thieves to make redrefs, by paying the principal value of
the goods, together with two doubles; but this penalty being found infuffi-
cient to prevent theft, it was now ordained, that thieves, convifted fucceffively
of three offences, befides being liable to the reflitution mentioned above,
fhould, for the third offence, be delivered to the oppofite warden, and by his
authority, fuffer capital punifhment. While the penalties of theft were thus
afcertained and increafed, care was taken to facilitate honeft men's recovery
of their goods that had been flolen ; by allowing them to feek redrefs, either
before the warden where the offender refided, or the goods remained, or,
before the warden of the march where the offence was committed; both of
thefe wardens being obliged to make lawful reparation.

There had, it feems, been inftances of fubjecls of the one kingdom fowing
corn within the grounds of the other ; to prevent fuch abufes, it was agreed,
that the owner of the ground or warden might deftroy fuch corn, if he plealed :
or elfe he might complain to the oppofite warden, and the perfon accufed, if

• Thefe rates were the following: Every ox above four years old, forty {hillings fterling ;
every cow of the like age, thirty (hillings; every ox above two years, twenty (hillings ; a young
co,w of the like age, twenty fhiilings ; every other beaft under two years, ten (billings ; eveiy old
iheep, fix (hillings ; every fheep-hog, three (billings ; every old fwine, above one year old, fix
Shillings; every goat above one year old, five (hillings ; every young gayte, two (hillings ; and
every double to be valued after the rate of Angle.

found

ENGLAND AND SCOTLAND. 613

found guilty, fhould forfeit his corn to the plaintiff, pay four times the value Msr - V >
of the corn fown, and fuffer imprifonment for three months. cI__ C ^l!!j

The next article contains an improvement and addition to the article of the 1563.
convention made at Berwick in 1553, fixing the increafing rates of parkage Above » p s 8o «
and poundage for cattle or fheep of one realm pafturing within the bounds of
the other. Jt was now agreed, that the beafts thus wilfully depaftured, for the
fpace of fix hours in one day, might be feized by the warden, deputy-war-
den, or proprietor of the ground, to his own uie, without any claim for
redrefs. Only, the warden, or proprietor, when going to feize fuch fheep or
cattle, fhould take four honeft and unexceptionable men of his own country,
to witnefs the fairnefs and regularity of his proceedings. When the duration
of the treipais was lefs than fix hours, the order eftablifhed at Berwick was to
take place; and was now enforced by inflicting a penalty on thofe who
violently hindered the feizing and detaining of the cattle, until they were
ranfomed by paying the appointed rates of poundage. In thefe cafes the
beafts were alfo to be forfeited to the warden or proprietor ; and the quejiions
that might arife, zvilh regard to the circumftances cf thefe tranfatlions -j-, were to
be determined by the oath of the warden, or his deputy ; or by the appre-
hender, together with fix other honeft men of the realm, nominated by the
oppofite warden, and declaring the truth upon their faith and honour.

It often happening that the offender, when convicted of the charge brought
againft him, and delivered to the oppofite warden in order to his making
redrefs, made refiftance, and efcaped to his own country, by which the injured
perfon was deprived of his fecurity for reparation, and much confufion arofe
at the march-meetings, it was now ordained, that offenders fo delivered,
fhould remain quiet with the perfons to whom they were delivered up, during
all the time of the meeting, and two hours after, on the penalty of fuffering
death, or what other punifhment the wardens fhould think proper to inflict.
But the offenders here meant were not fuch as were given up to fuffer death ;
for offenders of this clafs were to be guarded in the ftricteft manner, until the
execution of juftice upon them.

The punifhment appointed in the Berwick convention for thofe who dis-
turbed the march-meetings, by their brawling and mutual accufations, feem- Above, p. 522,
ing too fevere, in leaving no remedy for the complainer obtaining juftice, it
was now agreed, that complaints againft fuch as would not, according to their
bond and promife, re-enter as lawful priibners, either for themfelves or for
others for whom they were bound, or againft fuch as refufed to pay their
ranfom, and were liable to other charges of a like nature, Jhoidd be delivered
in writing to the warden in whofe diltrict the perfon complained of did refide,
which perfon the faid warden fhould oblige to appear on the next march-day,
to undergo his trial, and receive fentence, according to equity and the laws of
the marches.

•f- And for the proof of this apprelienfion or impounding, or for the numbsr and quantity of the
goods apprehended and impounded, and for the time of the remaining of the cattle upon the ground,
we will that the fame be referred and tried by the oath, &c.

6i 4 THE BORDER- HISTORY OF

Elizabeth, It being found that the ftri£t ordinances in former treaties, for punifhment

i ° " ea " ', of trefpafies committed on the borders, had, by the remiffnefs of officers in
1563. the execution of them, failed of their due influence, and were even imper-
fectly known, it was now ordained, that every warden mould collect into one
book, the treaty of peace concluded at Ladykirk, in which the above-
p ' mentioned ordinances were renewed and enforced, the prefent convention, and
all other treaties and indentures, made between the commiffioners of both
realms, during the laft amity and perpetual peace between the nations; and,
that, at the march meeting next following midfummer, after taking the oath
appointed, they fliould caufe the forefaid book, or thofe articles in it that tended
to the prefervation of friendfhip between the nations, the maintenance of good
order, and the punifhment of offenders, to be read publickly in the hearing
of the whole affembly.

Certain grotinds lying on the frontiers, in the middle and eaft marches of
both kingdoms, affording continual caufe of controverfy and ftrife, no decifion
having afcertained to which realm they belonged; the commiffioners agreed to
fupplicate their refpeclive fovereigns, to appoint deputies, for hearing the
claims advanced to the property of thefe debatable lands, and to cut off all
occafion of future ftrife concerning them, by making a divifion, and fixing
perpetual boundaries and land-marks between the two kingdoms.

Finally, whereas it appeared, that the march-laws had not been duly and
yniformly executed ; one warden appointing a redrefs of the fimple value of
the goods, others adding to this two doubles ; fome redreffing with a lower
value of goods, others with an higher, fome permitting the perfon fpoiled to
fix the value of his goods by his oath, others the contrary ; it was now
Abovt, p. 5S2. or dained, that every warden mould regulate his proceedings, by the treaty of
peace, the articles of the prefent convention, and others not repugnant to
thefe, in former conventions between the commiffioners of the two kingdoms,
and fhould all ufe the fame form of judgment and execution, agreeable to the
lame laws, and the cuftom of the marches formerly obferved.
Camden.' 4 ' ^' ie ^ 01< ^ Grey of Wilton, dying in the end of this year *, was fucceeded

in the government of Berwick and wardenfhip of the eaft-marches, by Francis
Ruffel earl of Bedford. The new governor came to Berwick in the fpring of

* Both Stowe and Holinofhed place the lord Grey's death on the 25th of December of the pre-
ceding year. They fay, he died at Cheihunt in Hertfordshire, which Chefhunt, Holingihed fays,
was the houfe of Henry Denny cfq; who had married Mrs. Honour Grey, the faid lord Grey's
puly daughter. Dugdale hath followed thefe authorities, in the date he gives of this lord's death.
But Camden places his death in the year following, among the deaths of the other illuflrious men
related by him, as ufual, at the end of the events of that year. Camden's account is confirmed
by the date of the MS. orders that wete drawn up for Bedford, at his entering to his government.
There is alio marked in an account extant in the fecond Berwick guild-book, the fum of 61. gs. $d.
as lad out for fugar and wine to my lord Bedford, for entertaining him, no doubt, when he came
to take polfeffion of his government; which money is paid out of the fecond quarterly receipt of
the town's revenues, reckoning from Michaelmas preceding, which (hews that Bedford came to
Berwick before the 25th of March I 564. Yet in a minute of Cecil's, dated Augult 7, 1563, of
things proper for annoying the French and fecuring England againft them ; one of the things is, to
look well to Berwick, and to appoint forthwith a captain there and a marfhal. Had the captain's
.place been vacant fo long after lord Grey's death ?

the

ENGLAND AND SCOTLAND.'

the following year ; and on entering to his charge, received a fet of orders for
governing the town and garrifon, additional to thofe that had been in force in
the reigns of Henry VIil. Edward VI. and Mary, and wherein confidera de
alterations and additions were likewife made to the collection of orders givtn
to lord Grey four years before. Thefe new regulations did in particular ftate
the rank and fuborui nation of the principal officers, who were to afllft the
governor in his charge, and to conftitute his council. The officer next to
him was the high marfhal, which charge was at this time conferred on
William Drury. The others in fucceitive fubordination, were the treafurer,
chief porter, and mafter of the ordnance. Thefe four officers the governor had
authority from time to time to convoke as his counfellors, in ruling the town
and garrifm; and in difficult caufes, where it was proper to have the advite of
others, the governor mis;ht call in able and experienced men, refiding either
in the town or eaft-marches, to beaffifting with their counfel for the time, but
without thereby acquiring the character of counfellors. Forms were alio
appointed of the oaths to be adminiftered to the governor and his fellow-
couniellors, as alio to the clerk of the cheque, the captains of bands, and
every common loldier, upon their admiffion to their feveral places in the
garrilon *.

The neighbouring queens, notwithstanding paft offences, continual j^aloufies,
and much female emulation, had powerful motives to cultivate peace with
each otiier. Elizabeth was induced to this by the hazards that threatened her
from Spain, and the houfe of Guife, abroad ; as well as from the plots of the
papifts at home, who were almoft all in the interefts of the queen of Scots.
Mary, on the other hand, defired above all things, to obtain a declaration of
her right of fucceffion to the crown of England ; which the friendship of
Elizabeth was the moll certain mean of procuring. Her correfpondence with
her fecret friends in England could not be maintained, if fhe fhould break
openly with Elizabeth. And the great intereft that this latter queen had
amongft the Scottifh nobility and reformed clergy, together with Mary's
fcanty revenue, and very imperfect authority over her fubjects, difcouraged
her from all violent proceedings. But the outward harmony, which, by the
circumftances and confiderauons above mentioned, was long prcferved be-
tween the queens, was much diluirbed by Elizabeth's thwarting Mary in
various projects of marriage formed by the latter. Her efpoufing a catholic
prince, either of the families of France or Auftria, Elizabeth could not
admit of, as threatening the fubverfion both of her throne and religion. But
when Elizabeth's oppofition and other circumftances had determined Mary to
abandon the views of a foreign alliance,, me was greatly offended by that

615

Mary,
Q^of Scotland,

A. U. 1564.
Fib. 2-.
B ph's

Li 14. Apr.
Keith, p, 15s.

Nichclfo !
Border-Law^-

* The journal of the houfe of lords in the parliament that met January 11, 156?, begins with a
bill for the good ordering and governing of the queen's majelty's garrifon of the town of Berwick.
(Pari. Hilt. vol. iv. 10.) Sir Simon D'Ewes's account of this matter is, On Tuelday the 19th of Jin.
four bills had each of them one reading, of which the firlt, being for the good order and govern-
ment of the garrifon of Berwick, was read Jicuna'a <vice t3" co/nmiffa ad engrojfandum . On
Wednefday the 20th of January, the bill touching the government ot tne garrifon of Berwick, was
read tertia vice et concluf. and fent to the houfe of commons by ferjeant Cams, {it a) and the
queen's attorney. D'Ewes's Journ. p. 67.

8 queen's

6i6 THE BORDER-HISTORY OF

Elizabeth, queen's propofing for an hufband, her favourite the lord Robert Dudley, after-

Qf. of _ En _s|*"^ W ards earl of Leicefter. This match Mary regarded as unequal and dif-

15*4. honourable, and at the fame time had reafon to believe the offer infmcere ;

Leicefter being in fuch high favour with Elizabeth, that it was not probable

fhe would part with him *. Yet this match was the fubject of a long corre-

fpondence between the courts, and was the principal matter of a conference held

Nov. 19. at B erw i c l<. ; i n which the earl of Bedford, and Randolph, Elizabeth's refident

at the Scottifh court, acfed as commiflioners from the queen of England, and

the earl of Murray and Lethington, who had ft ill the principal direction of

the affairs of Scotland, were commiffioners from the queen of that kingdom.

Eiw?voi.ii. n ' This conference lafted three days -f ; but the want of fufficient inftructions,

^4s6. 458. on tne p art f tne minifters, owing to an equal want of inclination in the

minds of their miftreffes, hindered any thing from being concluded.

After much uncertainty, and many dilappointments and delays, Mary at
laft formed the refolution of efpoufing her coufin Henry lord Darnley, eldeft
fon to Matthew earl of Lennox •, which earl had refided in England ever
fince he abandoned his own country •, and as the price of his allegiance and
fervices, as is above related, had received in marriage from Henry VIII. his
niece the lady Margaret Douglas, by whom lord Darnley was his fon.
Darnley being a native of England, and the eldeft male defcendent of Henry
VII. 's eldeft daughter, was thought by many to have the beft right to the
Englilh crown • to which Mary would, therefore, by taking him to her
hufband, ftrengthen her title. In order to effectuate this project, Lennox was
invited home, his attainder was taken off, and eftate reftored. Afterwards his
fon alfo obtained with difficulty permiffion to come to Scotland •, and by the
bloom of his youth, and extraordinary beauty of his perfon, foon gained the
affections of the queen ; converting what was before a matter of cool and
uncertain policy, into a moft ferious affair of the heart. Queen Elizabeth
had a malignant pleafure in traverfing the fchemes of her neighbour, whether
proceeding from the one or the other, and this malignity confpired with her
accuftomed policy of fomenting inteftine difcords in the countries in her neigh-
bourhood, that they might not be able to give any difturbance to herfelf.
Lennox's family were papifts ; although Darnley had conformed to the
proteftant worfhip in England, as he fometimes afterwards did in Scotland.
This alarmed the proteftants in Scotland, who had already fufficient caufe of
fear from the inflexible attachment of the queen to the old fuperftition. The
ancient enemies of the houfe of Lennox, efpecially the Hamiltons, were
offended at the reftoration of that houfe to their former dignities and poffef-
fions, as well as envious of their new intended aggrandifement ; and Murray

* There is a remarkable letter of fecretary Cecil to Chriftopher Mundf, agent for the queen's
affairs in Germany, declaring the extraordinary friendfhlp the queen had for the lord Robert ; but
that fhe would never marry him. " Hoc unicum fore illi impeJims/itum quod natus Jit fubej/h regime ;
although, tanta exijlimatione dignus, ut merito pojjit ejji regime maritut. (Haynes, p. 420.) Said to
be written jujfu regina.

i The profefled defign of this convention was to fettle amicably the affairs of the borders.
St'ype, ib.

5 and

ENGLAND AND SCOTLAND. 617

and Lethington, who ever fince the queen's return had governed all public Mir y,
affairs, were jealous of being fupplanted by the influence of a beloved huf- ir" _"_' in J
band. Thefe offences and fears were increafed by the folly and infolnce, 15^5.
that foon appeared in Darnley's converfation and behaviour. The queen of
England encouraged the domeftic difcontents and oppofition to the propofed
marriage in Scotland, declared openly againlt it by her ambaffadors, and im-
prilbned lady Lennox in the Tower. But Mary, favoured in her defign by K( r I t u h n . f t ^'
far the greateft part of her nobles, and by her friends both in England and in p. 161.
France, and having good reafon to believe that Elizabeth in oppofing it would
not proceed to extremities, reiblved to carry it fpeedily into effed. This
however fhe could not do fecurely, without the prefence of her friends armed
in her defence. For Murray having forfaken the court, and joined himfelf
with the duke of Chatelherault and fome other lords, in defence, as they
declared, of their religion, which they pretended was endangered by the pre-
fent match, this aflbciation were affembling their friends and vaffals, in order
to hinder it by open force. But the queen iifuing her fummons to her lubjeefs
to attend her in arms, fuch numbers of them obeyed, as enabled her to
proceed to the celebration of her marriage with perfect fafety *. She was, on July »9*
this occafion, well ferved by her chieftains on the marches •, particularly by the
lord Flome f, and the lairds of Cefsford and Farniherft, who repaired to her
at Edinburgh, accompanied with numerous bodies of their friends and fol-
lowers. They alfo ibon after gave her good affifbince in fuppreffing the
iniurretftion of the above mentioned nobles; who, being unable to gain the
nation to their fide, or to make head againft the much fuperior numbers J,
alfembled under the banners of the queen and her hulband, retired before
them to Dumfries, and thence into England •, where they met with a reception
from Elizabeth not at all of a piece with the encouragement fhe had lately
given to their violent proceedings.

Not many days before the celebration of the queen of Scotland's marriage, J»'y*».
the earl of Bedford arrived at Berwick. To his government of that place and f"'^ App '
wardenry of the eaftern marches was added the charge of lieutenant-general of

* At the time of her marriage, (he ifTued proclamations conferring the title of king of Scrti
upon her hufband, and commanding that hcncelorth all writs at law thould run in the joint nan es
of the king and queen. Keith, p. 307.

-f Lord Home had, at this time, hopes given him of being created earl of March. (Letter of
Randolph in Keith, p. 283.) Randolph advifes his millrefs to find Home bufinefs at home, by
hiring loroo or the Elliots {JJrapand he terms them) to oblige him to keep at home, and to take
care of his corn and cattle. Keith, p. 295.

T The lords and gentlemen in different diflri&s fubferibed, on this occafion, bands or afTociations,
in fupport o( the queen. That of Tiviotdale was lubferibed at Edinburgh 23d of September, by
Cefsford, Farniherlt, Thomas Turnbull of Bederule, John Rutherford of Hunthill, Andrew Ker of
Littledean, John Mow of that ilk. (Keith's App. p. 113.) The number of affociators is not
great ; and it appears, that the men of Liddifdale, the higher part of this county, were at that
time wholly in the interells of England, and could not by all Bothwell's promifes be engaged to
j>ive aid to their queen. (Keith's App. p. 165. Letter of 13th of October from Sir John Forfter
to Sir William Cecil.)

4 K the

6i8

THE BORDER- HISTORY OF

Eiiwbeth, the borders *. The earl of Bothwell whom the queen had recalled from
<^ of England. F rancej i n rder to ftrengthen her party, had the like charge of lieutenant on
*"~^] ' the fide of Scotland f. Bedford, a few days after his coming to Berwick,
was folicited, by a letter from the earl of Murray, to give his aid to himfelf
and the other lords affociated with him againft the queen, by diltreffing their
Keith's Ap P . enemies in his neighbourhood. To this fervice Bedford was lb well inclined,
Ltt^Tul *5. tnat ne requefted his miftrefs's allowance to aid the earl of Murray, confenting
to bear the blame of it himfelf ; or rather, his fecret inftrudions when he left
p^i'/Joe!' the court, were to proceed in this manner. For Elizabeth had no intention in
the prefent quarrel, by hoftilities authorized on her part, to break the peace
between the nations. But, as an open war was ftill more to be dreaded by
Mary, the Englifh queen appears to have inftruded or allowed her lieutenant
Kehh's App. to make wide fteps towards an entire rupture. Such would have been the
p * l6 *' feizing and fortifying of Eyemouth, which Elizabeth recommended to him ;

but which Bedford declined, on account of the great difficulty that attended
both the taking and fure keeping of it. Soon after, when Murray and his affo-
ciates were obliged to retire to Dumfries, Bedford had orders to fend three hun-
dred of his foldiers to CarliQe, to be near, to fecure their retreat into England.

The appearance or rumour of any mifunderftanding between the fovereigns
of the two kingdoms, was at all times fufficientto excite the unruly borderers
P . e i7o ) S i7i P , ! J7i. to their beloved maraudings. But though fuch exceffes were at this time
frequent on both fides, yet they appear to have been mod unreftrained and
avowed on the part of England. Bedford, the better to colour his own pro-
ceedings, remonftrated to the queen of Scotland againft the diforders com-
mitted by her fubjeds in his diftrid. In anfwer, fhe informed him, that upon
examining the laird of Cefsford, her warden of the middle marches, he had
affirmed his continual readinefs to do juftice; but alleged, that Bedford and
his deputies had induftriouQy put off the days of truce, at which, mutual
redrefs of injuries was wont to be given. She alfo wrote him, tjiat Colwich,
his deputy, had, at a meeting held by appointment with Sanders Home of

* The earl of Bedford was lord lieutenant of the counties of Northumberland, Cumberland,
Weftmorland, and the bifhoprick of Durham. The earl of Shrewfbury had the lieutenancy of
Yorkfhire, Nottinghamfhire, and Derbylhire. In Auguft, the queen, under pretence of better
fecuring Berwick, appointed the earl of Shrewfbury to levy two thoufand men, one thoufand and
' fix hundred in Yorkfhire, and four hundred in the biflioprick. On this the earl of Bedford con-
ferred with the high fheriff of the county Palatine, and other confiderable perfons in it; bv
whom he was told, that it was never known that the bifhoprick was charged with the finding forth
Strvpe, EH«. of any men ; their proper and peculiar bufinefs being to come to the aid of Berwick and the
vol. ii! p. z?7. unpeopled frontiers, where thefe were prefTed by any actual necefiity. When the earl of Bedford
applied to Shrewfbury to raife thefe men, Bedford told him, that the queen had commanded him,
to have all things in readinefs to provide for war ; and yet to preferve a good peace. Strype,
Memor. Eliz. vol. i. p. 443. Strype is in this place miitaken in his chronology.

f From Mary's inftruftions, fent to the French court by the bifhop of Dumblane, after her
marriage with Bothwel!, it appears, that this charge of lieutenant of the borders had been con-
ferred on Bothwell, in the time of the war with England, during her mother's regency; that being
obliged to abandon Scotland, upon the invafion of the Englifh in 1560, he came over from Fance
with the queen, and ferved her fuccefsfully in the fame office ; and that on returning from France
a fecond time, upon her marriage with Darnley, he again refumed his charge.

Hutton-

ENGLAND AND SCOTLAND. 6i<

Hutton-hall, deputy-warden to lord Home, declared, that if Home or any of Mary,
people fhould lerve the queen againft her rebels, his mafter would, with his c L° fSc otli "" i -
whole forces, fall upon the Mers with fire and fword. bhe alio fent Sir 156*"""'
Andrew Ker of Hirlel, to require fatisfaftion with regard to thefe points ; and Ke!th ' sA p?.
with a farther inftrudlion to demand the delivery of the earl of Sutherland*, P ' * 3 *
who had been made a prifoner at Berwick, and whofe detention Bedford
juftified, on the pretence of certain Englifh pirates being protected in Scot-
land ; the queen promifing that, on the delivery of the earl, any fuch offenders
claimed by the Englifh, and found in her dominions, fhould be given up.

At the end of the year, the queen of Scotland complained in a letter lent by
one of her heralds to her filler of England, of an outrage more grievous than
any of thofe already mentioned. According to Mary's account of this affair,
no lefs than eight hundred Englishmen had come to Edington and Chyrnfide,
villages about four miles dittant from Berwick, ar\d there committed (laughter,
taken priibners, and carried off a great quantity of goods. This deed beino-
firft complained of to Bedford, he took it upon himfelf, avowing it to be
done by his command. Hence Mary found herfelf obliged to complain and
feek redrefs, by an application to the queen of England, expreffing her con-
fidence, that Elizabeth would, in a proper manner, fhew her difpleafure with
this and other proceedings of Bedford, that had the like tendency, to infringe
the peace between the kingdoms. Elizabeth, in anfwer to this requeft, al-
leged, that Mary had been mifinformed ; profeffing herfelf wholly ignorant of
any fuch outrage as Mary complained of-, but fuppofed, that fhe meant a late
tranfaction, wherein the fubjects of Scotland were the aggreffors; havino-
affaulted from an ambufh, and made prifoners, fome Englifhmen, who were
endeavouring to feize fome Scottifh thieves, that had plundered the fubjects of
both nations ; and that in order to relcue the perfons and goods of her fubjects,
thus unjuftly feized and detained, two of the captains of Berwick had led
forth from that place, a number not half fo great as that mentioned in Mary's
letter. At the fame time, Elizabeth declared her purpofe to examine farther
into this matter, and to fend orders to Bedford to make redrefs for all juft com-
plaints, and to abftain from all proceedings that were repugnant to the amity
between the realms. Thefe difturbances in the marches were not a little
promoted by the Scottifh refugees in England, themfelves and their meffengers
paffing openly to and again, through the border-country, and exciting in it
what trouble they could, to the friends of the king and queen. To reprefs
this iniblence, orders were iffued by the king, queen, and council of Scotland,
to the wardens to place watches in proper places, for fearching and apprehend-
ing fuipeifted or guilty perfons •, and to require all the inhabitants of their
feveral diftricts to be affifting in this work, under the highelt penalties. Both-
well alio, the lord-lieutenant, was charged to fee thefe orders executed in all
points f.

* The earl of Sutherland had been fent for, to return out of Flanders, in order to ftrengthea
the queen's party. Holingf. Sc. Chron. p. 381.

f About this time, the earl of Northumberland, though a papift, and accounted one of Mary's
Eiiglilh friends, did her a very ill office in feizing eight thoufand crowns of gold, which were fent

4 K 2 to

620

Elizabeth,
Q. of England.

1565.
MelvilJ.

THE BORDER-HISTORY OF

a. d. 1565.

Mai ch 9.

Spotfwood.
Keith's App.
P. I«7«

By thefe vigorous meafures againft her rebels, Mary reduced them to be
fuppliants for mercy, which was granted to fome of them, and which her belt
friends advifed her to extend to them all. But thefe profperous circumftances
were accompanied with others, that foon involved her in new diftrefs. Such
were her quarrels with her hufband, which had already arifen to a great
height, her zeal for popery, and her ill judged attachment to Rizio, whofe
artful and fervile complaifance pleafed the more, as being the reverfe of the
rude behaviour of moft of her fubjecls, and even courtiers. Her relations of
the houfe of Guife, having drawn her to concur fecretly in the league for the
extirpation of the proteftants, which had been concerted in the conference at
Bayonne, in the preceding fummer, between the queen-mother of France and
the duke of Alva, fhe did, in confequence of thefe new engagements and the
advice of her foreign friends, refolve to proceed to the forfeiture of the
fugitive lords, in a parliament that was fummoned to meet in March. This
refolution was afcribed to the influence of Rizio, whofe favour with the queen
the king regarding withjealoufy and indignation, put himfelf at the head of a
plot for deftroying him. This was accomplifhed by feizing the unhappy wretch
in the queen's prefence, and murdering him at the door of her chamber.
Murray and the other exiled lords who were lurking at Newcaftle, and were in
concert with the king and his affociates in this enterprife, returned in the even-
ing of the following day to Edinburgh. The confufion confequent on the
murder, together with a proclamation emitted next day by the king, pre-
vented the meeting of parliament, which was to fit down three days after.
Mary, in order to extricate herfelf from the hands of the confpirators, gave a
kind reception to Murray. She won the king by her blandifhments, to
abandon his party, and thereby gained an opportunity of making her efcape
to the caftle of Dunbar, where a great number of her friends foon came to her
aid. She alfo granted her pardon to Murray, and the other lords who had
returned from hngland, that fhe might be the better able to avenge herfelf of
thofe immediately active in the late outrage. By thefe meafures, the latter
were obliged to feek their fafety by flying either into England, or the remote
and inacceffible parts of their own country. The earl of Morton, the lords
Ruthven and Lindfay, and fecretary Maitland, fled to Newcaftle-, but, at the
requeft of the Scottifh queen, were, by proclamation, ordered to depart from
England, yet the ftay of fome of them in that country was connived at. Old

to her from the Pope. This money, being driven on fhore, in the wreck of a fhip that was cad
away on the coaft of the earl's grounds, was brought to that nobleman, and Mary folicited in vain
for the reftitution of it, both to the queen of England and the earl himfelf. To the latter, (he
fent, on this errand, Sir James Melvill, to whom the earl, as Melvill himfelf relates it, caui'ed his
advocate to read a law in the old Norman language, on which he founded his claim ; and could
cot be prevailed with by all Melvill's entreaties to give up any part of the fum. (Melvill's Men!.
p. 214) Mary, in a letter to queen Elizabeth on this fubject, prays her, " to give ftrait com-
" mandment and direction to her lieutenants and officers on the borders, that the faiJ money and
" goods be holden tggether undiflipate and fcattered, and be fully reftored and delivered to fuch
*' perfons as fhe (Mary) mould dirett for receipt of the fame." Keith. In the Memoirs publifhed
by Strype, concerning the rebellion in which Northumberland was engaged, in 1569, mention is
made of his great poverty, which may help to account for his being fo tenacious of this prey from
the queen of Scots, who was at leafi as poor as the earl, Strype, Memor. Eliz. vol. i. p. 599.

Ruthven

ENGLAND AND SCOTLAND. 621

Ruthven died at Newcaftle in June ; and his fon and the earl of Morton M»«r.
continued lurking near Alnwick and other places on the borders, until they Q ofSco ' 1 "" '-,
obtained their pardon and were reftored. i 5 66.

The queen of Scotland, having fettled fuch concord among her nobles as Hol J u s n c j ^ hr '
their fierce fpirits would admit, brought forth in quiet her fon, about the
middle of fummcr. But neither this delirable event, nor any other confidera-
tions of prudence, decency, or duty, were fufficient to conquer her averfion
to her hufband, and refentmentagainft him, for the (hare he had in the murder
of Rizio. It feems even to have been a principal motive to engage her to
forgive the king's accomplices in that deed, and to court the friendfhip of
others of the nobility whom fhe leaft efteemed, that fhe might reduce her
hufband to a ftate of utter folitude and contempt ; in which fhe was certainly
riot a little aided by his own follies and vices. The confequences of this
inexpiable averfion, would have been the lefs dangerous ; had fhe not formed
an attachment, equally immoderate, to the earl of Bothwell, one of the moft
unworthy and moft hated of her fubjects *. It is probable, that Bothwell's
conduct, in his border department, contributed to alienate from the queen the
chieftains there, who had the year before fhewn fo much zeal in her fervice. Keith's a pp .
They were now friends to Morton, and fuch diforders prevailed among them, p ' l6 ''
that the queen, about the beginning of October, went Jn perfon to Jedburgh,
to hold juftice-courts for punifhing offenders, and reftoring the quiet of the
country -f. The earl of Bothwell had let out a little before her, and gone into
Liddifdale, where he had in his keeping the ftrong caftle of Hermitage; and
in an encounter with fome of the banditti of that corner, received wounds that
were thoight dangerous. The queen receiving intelligence of this accident at
Jedburgh, fet out immediately to vifit her favourite, and returned again to
Jedburgh on the fame day.

This journey, befides the wound it gave her character, by expofing to all,
her fondnefs for Bothwell, had almoft proved fatal to her life. It was followed
by an illnefs that greatly alarmed her court, couriers were fent with intelligence
of her dangerous fuuation to France and England, and her counlellors, ap-
prehending that the rude people in the neighbouring country, would be en-
couraged by it to break the peace, and revenge their private quarrels, ifTued a
proclamation forbidding all fuch exceffes on the higheft penalties. In a fhort Kelth « P« 3Si*
time, however, the queen recovered, and was able to let out from Jedburgh
on a progrefs eaftward, about the 10th of the following month. In this pro-
grefs fhe" fpent the two firft nights at Kelfo, and paffed thence to Home,
having in riding thither gone fo far down the river, as to obtain a diftincTt view
of the caftle of Wark. From Home fhe travelled through the Mers by Wed-

» Spotfwood calls Eothwel', a men /old to all tvickedne/s, Auguft 2. Bedford writes to
Cecil, Bothwell is geneally hated, and is more infolent than ever David Rizio was. Keith's App.

P- 169.

•J- This journey of the queen, to go againft Cefsford, &c. and keep juftice-courts at Jedburgh,
was projected about the beginning of Auguft. Keith's App. p. 169. Letter of 3d Auguft.

Melviil foys, that Bothwell and Huntly enterprifed the (laughter of the earl of Murray at
Jedburgh ; but that lord Home came there with forces, and prevented them. Mem. p» 153.

derbura

oa. 16.

622 THE BORDER-HISTORY OF

Eiizaheth, derburn and Langton, and being defirous to fee Berwick, fhe came into its
o^o ngan i^. neighborhood accompanied with eight hundred or a thoufand horfe. Sir
1566. John Forrefter, who was then deputy under lord Bedford, met her at the bound
Nov. 15. r oad, accompanied by about fixty horfemen, confiding of the captains and
principal inhabitants of the town. Forrefter's behaviour to the queen was full
of refpect ; he conducted her firft to Halidon-hiil, and from thence to a place
at a convenient diftance, on the weft of the town, where fhe might fee it
diftinctly. She was faluted by a general difcharge of the cannon ; and was
afterwards attended by Forrefter and his company almoft as far as Eyemouth,
in her way to Coldingham ; from whence, having refted there a night, fhe
proceeded to Dunbar.
Dec 15. In the following month, the infant prince of Scotland was baptifed at

Stirling, with great pomp and feftivity. The birth of this prince, together
with the concord Mary had reftored among her nobles, and their feeming at-
tachment to herfelf, gave her an authority and confequence, greater than what
fhe had formerly enjoyed. At the fame time, her friends in England were
earneft to have her right of fucceffion to that crown declared •, and the Englifh
parliament then fitting, were diftrefling queen Elizabeth by their inftances, to
have the great queftion about the fucceffion determined without delay., Thefe
circumftances made it expedient for Elizabeth to cultivate the friendfhip of her
coufin ; and the baptifm juft mentioned, afforded her an opportunity of doing
fo. She fent the earl of Bedford as her ambaffador to affift at that folemnity *,
who, eight days before it, entered Scotland with a fplendid retinue; among
Meiviii, p. 151. -whom were moft of the captains of his garrifon at Berwick. The inftructions
eit ,p ' 3:> ' he received from his fovereign on this occafion, were calculated for eftablifhing
a folid and lafting concord between the crowns and kingdoms, and for re-
moving, as much as poffible, the caufes of paft mifunderftandings. The
returns made by Mary were in the fame fpirit, although fhe made ule of the
opportunity to complain and feek redrefs of certain grievances, which fome of
lb. p. 36X, her fubjecls had fuftained from thofe of Elizabeth. The moft confiderable of
thefe grievances was the detention of lord Keith, by the earl of Northumber-
land and his brother Sir Henry Percy, in an impriibnment of eight or nine
years; that is, fince he was taken in the rencounter at Swinton in 1558. All
offers of reafonable ranfom had been refufed by the Percies -f ; and treble the

fum

* Bedford, according to Melvill, notwithstanding his behaviour lalt year, had now become one
of the fureft and moft affectionate friends the Scottilh queen had in England. Melv. p. i;i.

f It is alfo faid, that befides this unreafonable ranfom, there was required for Keith's charges,
being a fingle man and a prifoner 200 1. which might of reafon, it is alleged, Hand for his full
ranfom.

The queen fay, fhe was credibly informed, that by an ancient march-law eftablifhed betwixt the
earls of Douglas and Northumberland, it was provided, " That where unreafonable ranfom mould
" be pertinacioufly required on either fide, and difference Handing thereon, the ranfom fliould be
•* ellimate and made by a convenient number of indifferent men of either fide, chofen and fworn
" to that effecl ; and the prifoner to pay fuch a ranfom as they mould find his eftale and ability
" might bear, and the fame was his taker conftrained to accept." Keith, ib.

In the inflruclions given to Sir Robert Melvill, when fent to England in the enfuing May, com-
plaint

ENGLAND AND SCOTLAND, 6 23

futn ufually paid by a perfon of his rank had been demanded. The mif- w«y.
chievous coniequences of this conduct both to the public amity, and the O^" "' 31 " 1,
intereft of individuals, in future quarrels between the nations, Mary de fired 1566.
Bedford to reprefent to his miftrefs, and to requeft her that the ancient method
appointed by the laws of the marches, for lettling difputes of this nature,
might in the prefent cafe be obferved ; or at leaft, that Sir Henry Percy might
l.e brought before the Englifii council, and obliged by them to yield to
moderate and reasonable terms.

In lefs than two months after thefe tranfaitions, the fame and fortune of the a. d. 1567,
queen of Scots received an irrep.irable wound, by the murder of the unhappy
king, and its immediate coniequences. For whatever may have been alleged
to invalidate the evidence of Mary's being privy to the murder of her hufband;
yet the protection and diftinguiflied favour fhe fliewed to Bothwell, whom all
the world believed to be his murderer, and her even confenting to marry this
abandoned man, three months after her hufband's death, difplayed a madnels
of wicked pailion and obftinacy of fpirit, not to be reftrained by any ties of Ma y **
duty or decency. The queen had, by her addrefs in managing her nobles,
and her late fucceffes in repreffing and revenging their enterprifes againft her,
gained fuch an aicendant over them ; that, to their great difgrace, the chief of
them fubmitted to be the inftruments of fcreening her minion from deferved
punifliment, both in a court of juftice and in a parliament that immediately-
followed it. They were even engaged to fign a paper, containing an affociation
conceived in the ftrongeft terms, for vindicating Bothwell againft the charge
of the king's murder; and at the fame time recommending him, though
married to another, as a proper hufband for the queen. The carrying of thefe
points, fo flattering to their unbridled paflions, impelled the infatuated pair to
accelerate an union, that in a fhort time proved the ruin of them both.

The marriage was fcarce fooner concluded, than the clamours of the nation, Mel»;u,
the reproaches of foreigners, and the remonftrances even of the French
monarch, by his ambaflador Le Croc, againft the lhameful neglect of re-
venging the murder of the king, excited fome of the nobles to enter into a
concert for feizing Bothwell, and diffolving his marriage with the queen *. To
this they were farther excited and animated by Bothwell's intolerable infolence
and ambition, his grofs maltreatment of the queen, and the defign he difco-
vered of getting the infant prince into his hands. About a fortnight after the
marriage, proclamations -J- were emitted, in the queen's name, for affembling

the

plaint is ftill made of the detention of the mailer of Marlhal ; and Elizabeth is requefted to appoint
commiflioners to meet with others appointed by Mary, and to modify the ranfom ; as nothing was
to be had of thefe who detained him but utter rigour and extremity. Keith's Hill. p. 394.

• The heads of this combination were, the earls of Argyle, Morton, Mar, Athol, Glencairn ;
the lords Lindlay and Boyd ; the firfl and laft named of which foon went over to the other fide.
The lord Home and his clients, together with the Kers and Scots, were alio friends to the aflbci-
ated lords. Buchanan, 1. 19.

f In one proclamation, the inhabitants of the (heriffdoms of Forfar and Perth ; the ftewai tries of
Struthern and Monteith, beneath the Highlands; the iheriffdoms of Stirling, Lanerk, Clackman-
nan,

6n THE BORDER- HISTORY OF

Elizabeth, t ] ie inhabitants of feveral counties, to accompany the duke of Orkney, a new
o^of England. ^.^ wn j c j 1 tne q Ueen had conferred on Bothwell a few days before their mar-
.1567- riao-e, in an expedition againft the thieves of Liddifdale; whom, it was
Keith-s Hm. alleged, the border-chieftains took no care to fupprefs. This was believed, or
at leaft reprefented by Bothweli's enemies, to be intended to colour an enter-
prife he meditated for overwhelming thole who were affociated for the prince's
fafety, and forcing him out of their hands. But they refolved to be beforehand
with him ; for they had almoft furpriied the queen and him, while remaining
June 6. at Holy rood- houfe; from which having retired to the caftle of Borthwick, as
a place of greater fafety, they were loon followed by lord Home with eight
hundred horfe ; and had juft time to efcape by a precipitate flight tojhe cattle
of Dunbar. Bothweli's marriage with the queen appears to have had no
influence in reconciling to him the minds of the border-chieftains $. For
MeiviU. Home headed the firft body that appeared in arms againft him, in the manner

juft related, and bodies of horfe were brought up by Cefsford, Coldenknows,
and, from the weftern march, by Drumlanrig, to join the affociated lords -,
and were prefent in their army at Carberry-Hilh Thither the queen had
marched too haftily from Dunbar; accompanied by an army chiefly confiding
of Bothweli's friends and dependents, collected out of Mers and Lothian *.
The real friends of fo worthlefs a man could not be numerous. The queen
herfelf, if not willing to quit with him altogether, feems at leaft to have been
defirous of being reconciled to her nobles, for the fake of their aid to controul
him, and fupport her own authority. She therefore came to the defperate
June 16. re folution of delivering herfelf into their hands; and was fent by them, in the
evening of the following day, from her palace of Holyrood-houfe, to be a
priibner in the caftle of Lochlevin ; a ftep which they vindicated by the dif-
covery of a letter fhe fent to Bothwell -r, promifing him inviolable affection

nan, Kinrofs, and Fife, are requited to meet the queen's hutband or lieutenant at IVKlrofe, on the
15th of June, properly armed, and fumifhed with fifteen days provifions, to acompany him in his
intended expedition againft the border-banditti. In another, the inhabitants of the Lithians and
Berwickfhire are required to be in readinefs, with fix days victuals, to meet ifte queen's hulb.md or
lieutenant, upon fix days warning, and for the fame effeft. Keith's Hill. p. 39,, 396.

t Buchanan fays, that, on this occafion, the chiefs of the family of Tiviotdal", were com nanded
to enter into ward in the cattle of Edinburgh ; but that they all withdrew in the night, and returned
to their feveral homes, except Andrew Ker, who was believed to be privy to the king's murder,
and Walter Ker of Cefsford, who being a perfon of eminent integiity fufpefted no harm. He adds,
that lord Home, well knowing Bothweli's purpofes againft him, refuled feveral invitations to come
to court.

• The lords in her army (according to Calderwood, Keith's App. p. 401.) were, bjfides Both-
well, Seton, Vellcr, and Borlhwhk. The gentlemen of the Mers were, Wedderburn, Langton,
Cumledge, and Hirfel. There were, befides, the lairds of Bafs, Waughton, and O.-mifton, in
Lothian, and Ormifton of that ilk in Tiviotdale. Keith's Hill. p. 401.

+ This ftep they vindicated by their having difcovered a letter written by her to Bothwell after
fhe had joined them, containing expreffions and promifes of love and inviolable attachment; and
alfo by the paflionate menaces (he uttered againft the afljeiattd lords when they charged her with
this correfpondence, and entreated her to abandon Bothwell, and iufter him and his accomplices to
be brought tojuflice for the murder of Darnley.

and

ENGLAND AND SCOTLAND. tzg

and attachment, notwithstanding her engagement the day before to abandon Mir y»

!,:„ Q^of Scoiland.

The queen of England, although ufually very infincere in her profeflions 1567.
of friendibip to Mary, feems to have been really offended with this laft violent
ftep of the fubjefts of the latter •, regarding it as an intolerable violation of the CwU'i Utter t2'
facrednels of royalty, and of the mod dangerous example to the fubjects of s . ir Henry Nor *
other princes. She foon difpatched Sir Nicholas Throgmorton to comfort the "'' " S '*
queen, to lignify to the aftbeiated nobles her difpleafure with this conduct, to
engage them, if poflible, to reftore the queen to her liberty, and to endeavour
to mediate terms vf future peace and confidence. But the lords had gone too
far to retreat. Throgmorton was not allowed even to fee the queen ; and flie
was loon compelled to fubferibe, in her prifon, writings whereby fhe refigned July**;
the crown to her fon, and appointed the earl of Murray regent during his
minority.

4 L THE

5a6 THE BORDER- HISTORY OF

THE

B O R D E R-H I S T O R Y

O F

ENGLAND and SCOTLAND

BOOK IX.

Elizabeth, T N confquence of the proceedings related above, the infant prince James VI.

Ck of England, £ was crowned at Stirling on the 29th of July; and Murray, who had gone

K.ofScotland. over to France, about a month before the queen's marriage with Both well,

w- - -— * fjon returned to accept of the regency*. Elizabeth's minifters had not the

* s&7 ' fame fcruples with their miftrefs about this revolution in Scotland ; and though,

agreeably to their accuftomed policy, they chofe to preferve fome life in the

pany of the Hamiltons, and the reft who opjpofed Murray, yet he had

been fo long their trufty friend, and the bulk of the nation was fo evidently

on his fide, that Elizabeth was difiuaded from proceeding to any extremities-

againft him.

The earl of Murray having taken into his hands the reins of government,
difplayed great vigour in eftablifhing and exercifing his power. One of the
Auguft»3. firft adts of it was, his fummoning feveral gentlemen of the Mers, to attend
Keiih'sHiii. himfelf and the council, to give their advice about the adminiftering of juftice
*' 459 ' and keeping of peace within the bounds of the eaftern march 7. His atten-

tion to a much more diforderly part of the marches appeared by a fei.reD

* Murray returned by the way of London ; and Sir James Melvil), by appointment of the
aflbciated lords, met him at Berwick, to at . lint him with his promotion to the office of regeiu..
Keith's Hift. p. 4J3.

f Thefe were, John Home of Blacater, David Home of Weddcrburn, John Lumfdean of
Bbnern, George Home of Ayton, Patrick Cockburn of Langton, John Swinton of that ilic,
Alexander Cockburn of that ilk, John Renton of Billy, Patrick Sleigh of (Jumledge, William
Chyrnfide of Eaft-Nefbit, John Sinclair of Longformacus, Thomas Ridpp.th of that ilk, John
Haitley of Mellerftaines, John Hume of Ccldenknows, and James Ker of Meifington. The day
of their appearance was the laft of Auguft. On the loth of September, the lairds of Blanern and
Mellerftaines were, for dilobeying the above charge, required, by order of council, to enter into
ward in Edinburgh within three days, under the p«. ; n of rebellion. Keith's Hift. p. 443.

expedition
7

»-

ENGLAND AND SCOTLAND. 627

expedition which he made in perfon to Hawick, in the end of O&ober. The , J j t«vi.
enrl of Morton, and the lords Home and Lindfay accompanied him in this .'" S c ctJn ;
expedition, wherein more than forty of the Liddifdale thieves were taken. 1567.
The caftle of Dunbar continuing in the poffeffion of Bothwell's dependents,
who refilled to give it up to the regent, it was refolved to reduce that forrrefs
by a fiege. For this purpofe heavy artillery was carried from the caftle of on. r.
Edinburgh, and the gtrrifon, leeing no hopes of relief, foon capitulated. J^g* '
Murray ordered the artillery and ammunition that belonged to it to be carried App. P , 155.
to Edinburgh, and committed the keeping of it to the town of Dunbar,
until the enluing parliament in December, which made an ad: for demolilhing
both that caftle and the fort of Inchkeith, on account of their p relent ruinous
ftate, and their heavy and ufelefs expence to the government £.

The parliament juft mentioned gave their fanction to all the meafures th2t
had been taken againft the queen, and to the eftablifhment of the new model
of government. But a confiderable party ftill remained attached to the queen •, A D. i 5 ss<
and their efforts for effecting her liberty were greatly aided by her own fpirit
and addrefs, which her fufferings were never able to extinguifh. Having
\vholly attached to her interelts George Douglas, brother of the lord of the
caftle where (he relided, he contrived the means of her elcaping from the Mayil
caftle to the (liore of the lake that furrounded it; and fome of her moll trully
friends being there ready to join her, (he was fpeedily conducted by them to
Hamilton. Thither great numbers of her own faction, or malcontents with
the regent's adminiftration, fpeedily repaired to her. At the time the
queen came to Hamilton, Murray was at Glafgow, holding courts of juftice.
His attendants were not many, and it was the opinion of fome of them, that
lie fhould retire to Stirling. But Murray, judging that the appearance of fear
Would, in his prefent circumftances, prove fatal, refolved to keep his ground.
He had the advantage of having the citizens of Glafgow thoroughly attached
to him ; and he fummoned to that city, from all quarters, his other friends.
One of the chief of thefe was lord Home •, who brought to him, out of Mers Buchanan*
and Lothian, a body of fix hundred excellent troops, part of which were
horfe *. The regent, after the arrival of thefe troops, having in all four

thuufand

J Another reafon given for demolifhing the caftle of Dunbar, was an aft made in [he reign of
James IV. ordaining that caltle to be demolilhed ; which aft had not been yet abrogated. Black
Afts, Ja. VI. fol. 22.

* The whole of the regent's horfe were two hundred, commanded by the lairds of Dmmlanrig-,
Carmichael, and Alexander Home of Manderfton. The laft named gentleman, probably, com-
manded ihe horfe brought by lord Home. Calderwood, App. Keith> p. 480.

On the day after the queen's efcape from Lochlevin t the parfon of Auldhamftocks, with
twenty men, attempted to feize Dunbar; but many of lord Home's men arriving at the fame
inftant, and the town being well afflfted to lord Home, the parfon defifted from his enterprise,
and returned. The enemies of lord Home in the Mers rejoiced at the queen's efcape; and that
lord, in the prefent convulfion, yielded to have conference with divers who had been long hii
enemies ; a courfe which he had not taken in any former divifton. Yet he declared his piirpofs
to adhere to the prefent fettlement in church and ftate; and refolved, if Murray would allow it,
to expel all the enemies of that regent out of their habitations in the Mers, and to place his friends

4 L ■ in

628 THE BORDER-HISTORY OF

Elizabeth, thou land men, intended to march againft his adversaries, although exceeding;

7-' ° " s a " ', his own number by 2000. Eut the leaders of the queen's army, confiding in/

1563. their fuperior itrength, took the field before him ; marching from Hamilton,.

with the queen in their company, towards "Dumbarton ; in which ftrong

fortrefs they propofed that the queen fhould remain until her affairs were-

reftored. But the regent's army meeting with the queen's at Langfide, two

May ''' miles from Glafgow,' the latter, after a fhort conflict, were totally defeated.

Mei»i» In this battle lord Home, fighting on foot among the fpearmen, greatly dif-

p- »Sz. tinguifhed his courage, and received feveral wounds -f\ 1 he laird of Cefsford,

his brother-in-law, fought at his fide, and raifed him up when beaten down to
the ground. The unhappy queen, inftead of making her way to an impreg-
nable fortrefs, in the center of her own dominions, fled precipitately from the
field into England, where fhe found a prifon during ail the remainder of her
life.

Spotifwcoi. Murray, fbon after this victory, fummoned a parliament - r in which he

Ca"t'e. en ' intended to forfeit thofe who had joined the queen. But the interpofition of;

Weiviii, j[ ie n Uee n of England, and the moderate counfels of Lethington, hindered

him from proceeding to extremities againft any perfons of eminence. The
remonftrances alfo of the F.nglifh queen, flopped Murray in the progrefs of an
expedition he had undertaken againft Mary's friends, in the fouth-weftern
parts of the kingdom. He even found it neceffary, for the fake of contenting
Elizabeth, to repair to York, in the month of October, to give an account of
his conduct, and to endeavour to obviate the accufations brought againft him-
felf and his party by the captive queen, and to prove their allegations againft
her. The earl of Morton, and others of his friends, were joined in com-
milTion with him for this effect J, and Mary fent her deputies to the fame
city, where the duke of Norfolk, the earl of SulTex, and Sir Ralph Sadler,
delegates of the queen of England, were empowered to hear the pleadings and
allegations of both fides. Lefly, bifhop of Rofs, the chief confident of his
miftrefs the queen of Scots, and one of her commiffioners at York, in con-
cert with fecretary Lethington, formed a fcheme for ferving the unhappy
queen, by practifing on the ambition of Norfolk ; to whom they propofed a

Haynes, P . 373. marriage with her. The profpedt of this alliance engaged Norfolk to hinder.*

in their room. The dread excited by Home's vigour and refolution, feems to have prevented any
of Murray's enemies from joining the queen. Thefe particulars we learn from letters of Sir Wil-
liam Drury marfhal of Berwick to Cecil, dated May 6, &c. Keith's Hilt. p. 473, 474, +75-

-f So (ays Melvill. Calderwood relates, that lord Home was hurt on the face with a Hone and
almofl felled. About three hundred of the queen's army were killed, almoft all in the flight. Of
the regent's army there fell only one man, John Ballon, a tenant of the earl of Morton at Pre (ton
in the Mers. Keith, p. 480, 481. From Calderwood.

% The comrniflioners on the part of the prince were, the earls of Murray and Morton, the
bifhop of Orkney, lord Lindfay, and abbot of Dunfermling. Their affiltants were, the laird of
Lethington, James Macgill, Henry Balnaves, the laird of Lochlevin, Mr. George Buchanan, Mr.
David Lindfay. Mary's comrniflioners were, the bifhop of Rofs, the lord Boyd, the lord Leving-
fton, the lord Herries, abbot of Kilwinning, Sir John Gordon of Lochinvar knight, Sir James
Cobrun of Stirling. Haynes, p. 476.

with

ENGLAND AND SCOTLAND. 629

with all his might, the production of the evidences of Mary's gu ; lt, K ■ r " r '"' Y 1 ,
•which Murray and his affociates had carried with them to England. Murray, ' _ J

by the advice of Lethington, and in confequeme of a fecret concert of the js 6? -
latter with Norfolk, refufed to proceed to this extremity, unlefs the queen of
England firit engaged, by her hand and feal, to give judgment on the evi-
dence •, and if the guilt of Mary was proved, to take under her protection
the infant king, and his adherents. The Engliih commiffioners at York
having no instructions to promiie fuch fecurity, their proceedings in that city
were foon at a Hand; and Murray, with two of his attendants *, at the
queen's defire, repaired to London, as did alfo three of Mary's commif-
fioners -f, and Ibme new commiflioners J were added by Elizabeth to thofe
formerly appointed for hearing the matters in queftion. Murray, notwith-
standing his fecret engagements to Norfolk, found it neceflary to gratify the
Engliili queen, by laying before thefe commiflioners the evidences againft
Mary j of which the principal were, the tamous ktters written with her own
hand to the earl of Bothwell. The commiflioners of the quee;i of Scots now Haynes, P . 49 s*
exclaimed againft thefe letters as forgeries, and openly charged thofe who now
accufed their miftrefs, with being themfelves the plotters, and fome of them
the perpetrators of Darnley's murder; but refufed to enter into particulars,
becaufe their queen's requeft to be heard in perfon in her own vindication,
before Elizabeth and her council, was rejected. The paflion of Norfolk for
marrying the Scottifh queen ltill continuing, notwithstanding all the wicked-
nefs of which her adversaries pretended to have convicted her§, Murray was
drawn into the concert of this marriage, and even propofed and earneftly
recommended it to the queen by Sir Robert Melvill. But Murray appears to MarfmY state
have had no other view in all this, than his prefent perfonal fecurity. Gom- Pa P ers > p-s 1 -
motions which began to break out in Scotland, during his abfence, called for lu ynes , p . 49 6.
his return || •, and the queen of Scots had fo many friends, and the duke of £°' t d e Hunfd0 »' a
Norfolk fo much power and intereft in the north of England, that the regent Mwdb, ;b.
muft have been in great hazard in his way homewards, if both the duke and
queen Mary had not requelted their friends and dependents to fuffer him to
pafs undifturbed. The queen of England, alfo, befides lending him a con- Rym. vol. xv, .
fiderable fum of money, fent orders to the fheriffs of the counties through ^ a 6?0 ;
which his. road lay, and to the wardens of the marches, to efcort and defend

1 * The laird of Lethington and Mr. James Mackgill.

f Mary's commiffioners, who went to London, were, the bilhop of Rofs, the lard Hemes, and
the abbot of Kilwinning. Haynes, p. 484.

J The additional Engliih commiffioners appointed by Elizabeth were, Sir Nicholas Bacon keeper
of the great feal, earl of Arundel, earl of Leicefter, lord Clinton, Sir William Cecil principal
fecretary. Haynes, p. 491.

§ And ot which he himfdf feems to have been convinced. Murdin, p. 179.

|| Lord Hunfdon, writing to fecretary Cecil from Berwick, December 20th, fays, that his
neighbours, viz. of Scotland, were in great troubles among themfelves. And on January 15th lie
writes, that the eail of Huntly and his affociates had drawn together feven or eight thoufand men,
and meant to hold a parliament or national council at Glafgow. He was alfo advertifed that the
Hepburns and Hamiltons were befieging Waughton, and that lord Home was going with all his
forces to refcue it. There is great lfir, faith he, in all parts of Scotland, and all by the queen's
commandment. Haynes, p. 497. 502.

him

£ 3 o THE BORDER-HISTORY OF

Elizabeth, him with the powers of their feveral diftricts. By help of thefe precautions*
vL° - ."-""J 1 tne re g ent 5 having left London on the 24th of January, arrived fafely at
a. d. 1569. Berwick on the 30th of that month J, and on the day following, at Edin-
burgh.

After Murray's return, the project of Norfolk's marriage with the queen of
Scots was purfued with great ardour. The parries themfelves gave their con-
fent, and fettled the conditions of the match; one of which was, that the king
Norfolk to of Scotland fhould marry a daughter of the duke. The chief of the Englifh.
Hi "T o noD ' es ar) d courtiers were made acquainted with the defign, and approved of it ;
provided the confent of Elizabeth were firft obtained. Mary's relations and
friends on the continent were alio content with it •, and the expectations enter-
tained by her friends of Scotland, of its being foon effectuated, and their queen
in confequence of it reftored, were fo great, that Murray's work was much
facilitated, of reducing to a prefent fubmifiion thofe who had hitherto oppofed
him. But all thefe hopes were at once overthrown by the difpleafure fhewn by
the queen of England, when the projedtof this marriage, and the fteps fe retly
taken to accomplifh it, were, towards the end of fummer, fully dilcovered to
her by her favourite Leicefter. About the fame time reports began to arife
of a rebellion being ready to break out in the north * ; and foon after, fufpicions
Ssot. rfi. were increafed by the duke of Norfolk's retiring from the court without leave,
after having been reproached and threatened by the queen, on account of his
projected marriage. As he was on his return to Windlbr, after fome delays
and excufes, he was taken into cuftody, and his conduct having undergone a
fevere fcrutiny, he was committed to the Tower. Several other nobles and
courtiers, who had been privy to his deligns, were alfo confined, or forbidden
accefs to the court. The earls of Northumberland and Weftmoreland, who

$ He wrote to Elizabeth from Berwick on the laft of January, acknowledging, in the ftrongeft
expreflions of thankfulnefs, the effectual care (he had taken of his fafety, and particularly mention-
ing lord Hunfdcn's diligence in convoying him. (Haynes, p» 505, 506.) Elizabeth, to remove the
prejudices that arofe againft Murray, from certain writings publifhed in Scotland, about fecret bar*-
gains he had entered into with the Englifh queen, wherein he had facrificed the interefts of his
queen, and the honour of his country, to his own ambition, ordered a proclamation to be made
declaring the utter falfehood of all fuch reports. This proclamation is dated January 2. Murray^
writing to Cecil from Berwick, thanks him for his great expedition in publifhing this proclamation.
Haynes, p. 500. 503. 506.

• September 17. the lord Hunfdcn and Sir John Forfler, at the earl of Murray's defire, met him
at CoMitream ; to which place he had come from Kelfo. They there thoroughly concluded with
him, what courfe to take for adminiftration of juftice upon the borders ; and Hunfdon had difcourfe
with him about the part he had taken in the marriage of Mary with Norfolk, which Murray
endeavoured to extenuate as much as poflible. Mary's principal meffenger, at that time, in her
correspondence with Scotland, was Dan Carr of Shylftock Braes, a common and notorious thief
and murderer, " and one of the killers of the fkowt of this town, at my firtt coming." (Huufdbn's
words.) He adds, " that notwithftand ng Carr boalted of his having Shrewfbury's pals-port, he
" had laid both the eaft and middle marches for him." In queen Elizabeth's le.ter to Shie*ibury
of the 226, intimating her having joined to bim the earl of Huntingdon in the charpe of keeping
the queen, fhe advifes Shrewfbury to reftrain the common trade of polling to ana from Mary,
«« wherewith we perceive our poor fubjeQs are more burthened, than in any other place of the
•' realm, they be with their own caufes.'' Haynes, p. 536. .,

were

ENGLAND AND SCOTLAND.. 631

were papifts, and zealoufly attached to the queen of Scots *, had been em- k^TT^ 1 '.
barked in the projedf. of the intended match. They had alfo formed plots ^_'°_ c l" f *
of their own for reftoring Mary to liberty •, and maintained a' fecret cor- >5 6 >
refpondence with the duke of Alva, the Spanifh governor of the Netherlands, Murdin p . us,
who promifed them aids, both of money and of men, to be landed on the
YorklTiire coaft. The dread excited in perfons confcious of fo much guilt, by
die proceedings againil their friends in the fouth, precipitated them into an
open rebellion ; which being equally deftitute of internal cotfnfel and ftrength,
as of foreign aid, was foon and ealiiy quaflied. The earl of SufTex was at that
time the queen's lieutenant f in the north, and continued at York more
than three weeks after the infurrecuon began, at which city he collected an
army of five hundred men, wherein lord Hunfdon, governor of Berwick t,
ferved as general of the horfe. The exploits of the rebels were confined lo
the north and eaft ridings of Yorkshire and the county of Durham §; but
having failed in their plot of fetting free the queen of Scots, in the hopes of
being joined by the Catholics in the other counties, their ardour foon began
to abate, and their numbers to diminish. The earl of Northumberland's HaJiAgfl-edSi
tenants and dependents made a £hew of keeping the caftles of Alnwick and !c - Chr -P- 3?7«
"Warkworth ; but Sir John Forreiler, the warden of the middle marches,
coming before thele places with a body of forces, confifting of fuch as he
could raifc in the country, and a detachment from the garriion of Berwick,
got pofleflion of them both ; thofe who were either within them, orafTembling
to defend them, returning, in obedience to his proclamation, to their homes.
He alio, by guarding the pafies, prevented Northumberland's dependents in
that part ot the country from going to join their lord ; and matching to New-
caflle with a confiderable body of horfe and fome bands of the Berwick fol-
diers, was joined there by Sir Henry Percy, Northumberland's brother, who
made a fhew of great zeal and activity in the queen's fervice ||, and was

encased;

* Pembroke, wiiting to Elizabeth jth December, calls them bankrupt earls. Hayrres,
p. S 6S.

f The queen, in a letter to Hunfdon Ofiober 16, calls him onr lieutenant in thofe part?. He
received his con. million r.f lieuten.-.ncy on this occafion, bting before prefident of the council of the
north ; Sir R.dph Sadler was fent to Suilex as an ailiftant and counfellor, and. was appointed pay-
:naller of his army. Haynes, p. 558.

X Lord Hunfdon h d iuccee^cd eedford in the government cf Berwick, in the ioih of Eliza-
beth. Dugd. vol. i. p. 597.

Hunfdon was required hy a letter of the queen, dateJ Oftober 16,. to repair 10 Newciflle, of
which place,, and of the county of Northumberland, fhe appointed him goiernor under ihe earl
of Suffcx. She empowered him to call fuch a bMiid out of Berwick, or the county o! Noithum-
berland. as chain. il.'nce; might require; and fhe lent 50c /. to her treafurer of Berwick, to
defray the expence of fuch part of the ganifon as might be called forth. She recomim nded it to
him to take care of Holy Ifland, the imj ort'aoce of the place being fuch as could not be too
warily looked to. Haynes, p. 554

§ The Cong on this infurr.eftion, in Dr. Percy's Ancient Englifh Poet?, fays, that they muflered
thirteen thoufand men at Wetherby. Dr. Percy's Anc. Eng. Ports, vol. i. p. 254.

j| The queen, November 17, writes to Sir Henry Percy, tellilying her gladnefs at hearing rf
his loyalty, though agantt his bio her Northumberland, and afluring him that, in reward of his
fidelity, fhe would have legard to have the continual ce of fuch a hoafc, in the peifon and blood

S3* THE BORDER. HISTORY OF

(w^Ma'd en g a g e d ' n f° m e fkirmifhes with the rebels in the northern parts of the county*

^o ng »n .^ ^ Durham. The rebellion was already in a declining ftate when SuiTex took.

is 6 9- the field; and the lords Warwick and Clinton at the fame time, advancing with

greater reinforcements from the fouth, the two rebel earls retired towards

Hexham, and thence to Naworth-caftie in Cumberland. At this place their

armies difperfed; the earls themfelves, with the gentlemen and five hundred

Camd. P . 169, hoffu retiring to Scotland. The recent, ever ftndious to obliee the court of
England, found out Northumberland at a place, called Harelaw on the weft
border, among a neTt of banditti of the name of Graham, by whom, being
betrayed, he was Tent a prifoner to the caftle of Lochlevin *. Weftmorland
and others, took refuge with the lairds of Ferniherft and Buccieugh, who
were more able to protect them ; and after fpending feme time in Scotland,
with thofe of the queen's faftion, were conveyed to Flanders -f-.

Kelvin, The entire dependence of the regent on the court of England was dis-

agreeable to many of his countrymen, while his confidence in the protection
of that court, joined to his fuccefTes and high dignity, infpired him with too
much contempt of his adverlaries, and at the fame time, led him to an
haughtinefs of manners that alienated his friends. To this behaviour of the
■regent, and to tempers and habits of their own ill fitted to obey, was owing
the defertion of Lethington and Grange, the one, the greateft Itatefman, and

• of fo faithful a fervant. Yet the queen's attorney-general Pophnm, in his difcourfe to the peers in
.the ftar-chamber, after Sir Henry Percy then earl of Northumberland had (hot himlelf in the lower;
■told them, and inftructed wnat he laid from the public records that the earl had been brought to
bis trial for his lhare in that rebellion, and plotting to liberate queen Miry ; that he had acknow-
ledged his fault, fubmitted himfelf to the queen's mercy; and had been fined 5000 merks. Camd.

v- 339- . ; ' ,

* Crawford's Memoirs fay, that Northumberland was entertained by the Elliots, and that the
regent, difcovering the place of his retreat, took him out of it by force; having loft captain Borth-
wick and others of his followers in the afl'aulf. Crawf. p. izz.

Dr. Percy'- authorities in Song 4 Book 3. vol. i. fay, that after being ftripped and maletreated
by the borderers, he reached the houfe of Heclor of Harelaw, an Armftrong with whom he hoped
to be fafe ; Heclor having been under obligations to him, and engaged his honour to be true to
him. But Heclor fold him to Murray the regent, who fent him to the cattle of Loch-leven, then
belonging to William Douglas. All the writers of that time aflure us, that Hector, who was rich,
before^ fell ihoitly after into poverty, and btcame fo infamous that To take Heclor s cloak, grew
into a proverb, to exprefs a man who betrays his friend. Dr. Percy refers to t_amuen, v^arleton,
Holingdied, &c. Rel. Eng. Poetry, vol. i. p. 257.

•J- Hunldon writes to the earl of Murray regent, January 9, I C70, ' That notwithstanding his

* grace's ftrait p'Oclamations againtt receptmg ur aiding the queen's rebels any where in Scotland,
' yet the enrl of Weltmoreland and others, were openly kept in Farniherlt, and iome otners of

* them at Branxam with Buccieugh, others of them with Bedrule, Andrew Ker, and the (heriff of

* Tiviotdale. Ard upon i'huilday night laft, the countefs of Northumberland was brought by
' Ferniherft towards Hewme (//«) callle, and was fain to flay by the way at Roxburgh, by the

* forenef^ of the weather (being a great ftorm), fo as it was eight o'clock on Friday morning or ftie
' came to Hume, and was there yet, unlels (he was conveyed to Falt-callle.' He adds, • that the

* regent well knew that the queen (Elizabeth) could not take this well at their hands, efpecially at

* lord Home's, with whom lhe may eafily be quittance, and make him repent his folly, as he
' (Hunldon) doubted not but fhe would.' (Haynes, p. 573 ) Lord Morley, writing from Bruges
to the ear! of Leicefier, fays, ' that the countefs of Northumberland retired out ot Scotland for
' very penury, being miferably entreated there, and forced for her furety to remove from friend
« to friend without reft, fearing ever to be fpoyled by thofe barbarous people.' Lord Seton had
accompanied her into France. Haynes, p. 605.

the

ENGLAND AND SCOTLAND. 63 j

the other, the beft foldier of the kingdom. The lord Homealfo, who had been Jwnein,

long and zealoufly in Murray's interefts, abandoned him ; feduced, as fome al- . ,of cw * n 7

leged, by views of gain, that were prefented to him by the friends of the queen. is6<>.

This change appeared in an expedition made by Murray to the borders towards Buthl, ' an '

the end of this year ; for when he arrived at the caftle of Home, inftcad of his

ulual welcome, he was addreffed by the lady, a lifter of lord Gray, with

harfh and reproachful words. But although he was poorly attended in this

expedition, and the country were almoft all his enemies ; he exerted his ufual

vigour in feizing offenders, and adminiftering juftice. He alfo greatly obliged

the queen of England, by offering his afiiftance to the governor of Berwick.

againft her rebels, and by feizing the earl of Northumberland as above

related *. But a few weeks after he fell a facritice to the violent refentment

of a private gentleman of the name of Hamilton, who fhot him from a

window in Lithgow, as he was palling through that town, in his way from A ',^' '^

Stirling to Edinburgh.

On the night that followed the murder of the regent, Thomas Ker of
Ferniherft, and Walter Scott of Buccleugh, two of the mightielt of the
border chieftains, and alfo friends of queen Mary, made an incurlion into
England, accompanied by fome of the hnglifh rebels, who had been received
and entertained by them. On this occafion they mewed their refentment
againft Elizabeth, for her treatment of their captive queen, and for the
rigorous diicipline the late regent (Elizabeth's good friend) had exercifed
over themfelves, by burning and ravaging the adjacent Englifh marches.
Much about the fame time, a great difturbance arofe near the weftern Englifh
frontier. This was owing to a defperate effort of Leonard Dacres, to pofiefs Mucin's state
himfelf of the eftate belonging to the Dacres of Gillefland family, which he p,perSj p " 3 *
claimed as heir to his deceafed brother the late lord, but which the duke of
Norfolk, who had married the widow of that lord, acquired, by a law-procefs
for the daughters of his lady by her former hulband. Leonard Dacres was
in concert with Northumberland and Weftmorland in the project of their
rebellion, but, by the importunity of fome of his friends, was prevailed with
not to join them. Yet the fatal iffue of their enterprife was net fufficient to
reftrain this fierce infurgent from taking arms againft the queen and laws of
the realm ; and he had the intereft and addrefs to draw around him a body
of three thoufand men, confifting chiefly of the banditti of the borders, with
which he feized Naworth and fome other places of ftrength, that had belonged
to his anceftors of the Dacres family. The charge of fuppreffing this infur-
rection was given to lord Hunfdon governor of Berwick •, who, carrying with
him three hundred of the beft foldiers of his garrilbn, and being joined by
one thoufand two hundred men, who were either the militia of the borders,
or mercenaries employed in their defence, and having in his company Sir John
Forfter, warden of the middle marches, advanced againft this defperate band.

* Camden fays, that Mumy, to gain queen Elizabeth, made this expedition irtfo the borders in
the month of January, for finding out the rebels who had fled from England ; of whom having
apprehended very few, and thole of fmall note, he at !aft difcovered Northumberland, and that he
treated the borderers with great feverity. (Limitaneos graviter affilxit.)

4 M Dacres

6 i4 THE BORDER- HISTORY OF

Eiizihetb, Dacres had the bcldnefs to meet the queen's forces in the field ; and fought
q of Er.g.an . w ^ t ^ em a fi erce an d Moody battle near the little river Golt in Cumberland.
J570. But the bravery of lord Hunfdon, who was well feconded by captain Read,

and the other captains of his garrifon, prevailed; the rebels were totally
defeated, and their leader was forced to My into Scotland.
Buchanan. The queen of England, foon after the regent's death, which grieved her

much, lent Randolph into Scotland, to complain to the council of" that king-
dom, of the cruel outrages committed by the border chieftains in the incurfion
above related. This nulfenger was alio charged to tell them, that if, in the
pre fen t difordered ftate of the kingdom, they had not fufficient power to
reftrain or punifh the offenders, fhe would revenge her wrongs by her own arms j
but woul'J, at the fame time, take effectual care, that the guilty alone fhould
fuffer. The lords of the king's party, to whom this meffage was delivered,,
deferred giving any anfwer until a regent mould be chofen. But this choice
was retarded by the inteftine ftrifes that foon arofe ; which were much in-
creafed by a meflenger from the French king to the queen's lords, by whom
thefe latter were encouraged to perfevere in the caufe of their miftrefs, and
had hopes given them of great aids. At the fame time, the court of England,
although reiblved to fupport the party of the king, yet to produce the greater
dependence of that party on themfelves, followed their ufual policy of fecretly
Carte, vol. u). fomenting difcord among the Scottifh nobles-, but as they had received adver-
Haynes p. 378. t'f ement °f an intended embarkation of French troops on the 1 :oaft of Bretagne
for Scotland, they took care confiderably to increafe their forces on the
borders *; and in particular, Sir Ralph Sadler was fent £.1 Berwick, with
orders to double the garrifon of that place.
Hoi Sc chr. The affairs of Scotland continuing unfettled, and Elizabeth determined not

p. 1113, 1214. to fuffer the entertainment and aid given to her rebels, and the injuries her
P^Tei'.t^' fubjects had fuftained, to pais unrevenged, gave orders to the earl of Suffex,
her lieutenant in the north, to lead an army againft her enemies on the Scottifh-
strype-sMem. borders. To vindicate this ftepfrom the imputation of injuflice and ambition,
iz. P . 13, fhe emitted a declaration, of much the fame import with the meffage lately
fent by Randolph to the Scottifh council. She afiured the fubjects of Scot-
land, who were inclined to preferve peace with her kingdom, and had not
aided or entertained her rebels, that her army fhould do them no hurt, but on
the contrary defend them in all their juft rights and pofTeffions ; and, to engage
their confidence, fhe reminded them of the great benefit fhe had formerly
conferred on the Scottifh nation, in expelling the French who had fought to
enflave them, and of her moderation at that time, in abftaining from any
attempt on their liberties, when fhe had a victorious army in the heart of their
kingdom. The earl of Suffex, fetting out from Berwick about the middle of
April 17. April, marchea up the fouth fide of the Tweed towards Tiviotdale, and
arrived in the evening at the caftle of Wark. The forces he commanded,
were thofe ftationed for defence on the eaflern march, and part of the

" 'Carte, from Fenelon's Difpatches, fays, that it was rtfolved by Elizabeth's council, that fix
thou and min fhould be levied for an expedition to Scotland, and twelve thoufand more, ordered
te be in r.aJinds.

garrifon

ENGLAND AND SCOTLAND. 6 3S

ganiibn of Berwick; and he was accompanied by the lord Hunfdon, gover- jamvi.

nor of the town and warden of the march jult mentioned, and alfo by Drury, ^" ° f Sco ' hni \

marfhal of Berwick. On the day following, they entered Scotland over the 1570.

dry march, in hoftile array ; deftroying as they advanced every place that

belonged to their enemies. In particular they burnt and rafed a tower, called,

from its fituation in a marfh, the Mojs Tower, that belonged to the laird of

Buccleugh. Proceeding to (Trailing, they deftroyed a caftle of lbme ftrength,

poflcdcd by the mother of the laird of Ferniherft; and were at that place

met by Sir John Forller, warden of the middle marches, who, having at the

fame time wjth them entered Scotland, at the head of the forces of his di Uriel,

had committed ravages in the tracl through which he paffed. The whole

army advancing to Jedburgh, they were hofpitably received by the magiftrates

and inhabitants ; in coniequence of which the town was fpared ; arid the like

favour was fhewn to the laird of Cefsford, warden of the Scottifh middle

marches, and to his friends and dependents-, for Cefsford coming to Jedburgh,

made his fubmifilon to the earl of Sufiex, and having fatisfied the general,

that he had not violated the peace with England, by entertaining any of the

Englilh rebels, or by being concerned in the late incurfions, he W2S taken

under the protection of the Englifh, and had all his poiTcflions and thofe of

his kindred preierved unhurt.

From Jedburgh the Englifh army marched to Hawick, which, being pro-
voked with the perfidy of the inhabitants, they laid in aihes. Carrying on
the fame ravages in their return, they laid walk, by two detachments, the
narrow tracts of country on the fides of the rivers Bowmont and Kail, the
latter of which belonged wholly to Buccleugh, his kindred and dependents.
After thefe maraudings, the Englifh general came to Kelfo, where he remained
a nighr, purpofing to lay fiege to the caftle of Home-, but lord Hunfdon and
his company having gone the fame night to Wark, in order to bring from
thence the artillery to be employed in that fiege, they found this impracticable,
by reafon of the horfes that were to have drawn this artillery having been
inconfiderately fent to Berwick the day before. This made it necefiary for the April it4
whole Englifh army to march back to that' place, which they did on the fixth
day after letting out from it; having in their fhort expedition deitroyed and
fpoiled more than fifty caftles and piles, and above three hundred towns and
villages. The lord Scroope, warden of the weft marches, made at the fame
time an inroad into the Scottifh territories over againft him; and committed
great depredations, without meeting with any conliderable oppofuion.

When the Englifli army fet out from Berwick, the chiefs of queen Mary's Spotfwo»a,
party were afiembled at Edinburgh, under the protection of the laird of
Grange*, who held the caftle, and was alfo proveft of the city. Grange

* They had ccme to Edinburgh from Lithgow, where they had a meeting on the Sth of April.
They had with them at Litbgow the earl of Weflmoreian J and Leonard D;.cres, the q:een of
'England's rebels. Thefe fugitives the citizens of Edinburgh would not permit to cmer their
city ; upon w hich they svere committed by the other lords to the charge of !o d Home, who, after
concealng them fome days in his own houfe, put them in;o a fliip that conveyed them to Flanders,
Crawford, p, 129.

4 M 2 having

f a 6 THE BORDER- HISTORY OF

Eizabeih, having gone wholly over to the queen's interefts, did, at the defire of the-
. ot "6 a " t - j^ orc j s f ner faftion, difmifs lord Home from his imprifonment in the caftle,
JS7Q. to which he had been commited by the late regent a little before his death ;
the lords juft mentioned, having raifed money for levying mercenaries to be
employed in their iervice, lord Home had fufficient intereft with them, to
obtain a part of it to enable him to defend his caftle of Home. But Walter
Scott of Buccleugh, and Thomas Ker of Ferniherft, having afked the fame
favour, it was refufed them. They entreated alfo their friends to come with
their forces to their aid ; or if that could not be done, to come at lead as far
as Lauder, and to try if by the Ihow of war they might flop the progrefs of
the Englifh. But thefe requefts could not be complied with. On the
contrary, the queen's lords, on the news of the Englifh entering Scotland, not
thinking themielves any longer fafe in Edinburgh, where the citizens were not
their friends, retired to Lithgow. From thence they fent a letter to SulTex,
entreating him to ceafe from hoftilities, until they mould obtain an anfwer
from the Englifh queen, which was to pafs through his hands. But SulTex
having opened, according to his powers, their letter to the queen ; and
obferving nothing of fufficient weight to impede his progrefs, proceeded, in
the manner above recited, to execute the orders he had received.
H&i, Sc. chr. On the fourth day after the return of SufTex to Berwick, he again marched'

thence with an army of about three thoufand men, to reduce the caftle of
Home. Having come in the evening to Wark, he fent Drury the Marfhal of
Berwick by break of the following day, with a body of horfemen and muf-
queteers, to inveft Home, and to chule a proper place for encamping the
army. On the fame day about ten, the reft of the army and ordnance got
over the river, through which the horfe carried the foot. The general and
lord Hunfdon, with a proper efcorte, then moved forward to examine the
ftrength and fituation of the fcrtrefs ; in the neighbourhood of which, the
whole army arriving in the afternoon, encamped under cover of a rock. The
Englifh mufqueteers covered by a trench and by the ruins of fome houfes
near the caftle, which the Scots had burnt, gave great annoyance to thole of
the garrifon, who appeared on the tops of the battlements, or through the
embrafures. In the mean time, a battery was carrying on by the pioneers, on
the north eaftfide of the caftle, and by five o'clock next morning was ready
for receiving the artillery, of which two pieces were planted upon it. The
garrifon being then fummoned in vain to furrender, the guns began to play,
and were anfwered by thofe of the caftle. But thefe latter were foon filenced ;
the mafter gunner being difabled by the lofs of his leg, which was carried
away by a fliot levelled againft him by one of the Englifh cannoneers. About
two, the captains * of the garrifon requefted a parley with Drury, and leave
to fend a mefTenger to lord Home, to know his pleafure; alleging, that as he
had intruded them with the keeping of his caftle, they could not deliver it up
without his confent. Thefe requefts were granted them, but with fevere
warnings of the revenge that fhould be taken, if any thing indirect or frau-

• William Trotter, and Gilbert Gray, lord Home's wife's broiher. Hoi. Sc. Chr.

dulent

ENGLAND AND SCOTLAND. c 37

dulent appeared in their conducT. The lord Home, who was not afar off, / <>■■> vi.
agreed to meet with Drury at a place two miles from the cattle, and found v*° coll '" J
himfelf obliged to furrender his fortrefs to the Englifh general, on condition 1570.
that the lives of the garrifon fhould be fpared, and that they mould march out
in their common wearing apparel, leaving behind them all their arms and
baggage. Such Englishmen, as fliould be found amongft them, were excepted
from the benefit of this capitulation. In purfuance of this agreement, the
caftle gates were opened at eight in the evening, the keys delivered to Drury.
and by him prefented to SufTex ; the garrifon, confifting of one hundred and
fixty-eight men, marched out, and having made their fubmiffion to the
Englifh general, were difmiffed in fafety. Two Englifhmen that were amongft
them, one afervant of the earl of Northumberland, and the other an infamous
vagrant, were detained, and foon after executed at Berwick. In this fhort
fiege, were flain only two of the Englifh, and as many Scots, but feveral
were wounded. The booty found in the place was very confiderable, confift-
ing of a large quantity of ftores, laid in for the ufe of the garrifon, and of
many rich moveables, belonging to its lord, and to neighbouring families,,
who had lent their moft valuable goods into it, as a place of fafety. On the
day following the furrender, SufTex, having placed in the caftle a garrifon of
two hundred men, under the command of captains Wood and Pikman, re-
turned to Berwick *. Five days after, the Englifh general fent two thoufand
men under the command of Drury r to take Faft-caftle, which was the other
principal place belonging to lord Home. This was furrencered upon the firft
fummons, its fmall garrifon of ten men being allowed to depart with their
lives, in whofe room were placed ten, or according to fonie, fourteen Englifh-
men f. Some additional fortifications appearing neceiTjry, to render the compi. Ami.,
caftle of Home more tenable, they were made at the expence of the Englifh p« i6 4-
queen.

The view of thefe expeditions into Scotland, was not confined to diftrefs the
border-chieftains. They were alfo intended to weaken the party attached to
the captive queen, and to fupport the lords who were combined to maintain
the authority of the infant king. Thefe lords had requefted the earl of
Lennox, who had refided for fome time in England, to return to Scotland,
with the view of conferring upon him the regency. And Lennox having, in
compliance with their defire, come as far as Berwick, they folicited and
obtained from the earl of SufTex, a body of forces, confifting of twelve HoLg. P s& 7 chrj

P. 1217.

* Buchanan fays, very improbably, ' That the garrifon of Home-caflle made fo refoluta and
' flout a defence, that the Englifh were going next day to abandon the fiege.' He adds, ' That
' this was prevented by a letter of lord Home to the keepers of the caftle, ordering them to confult
*• with Drury, and to follow his direftions.' The ufe that Drury made of their confidence, was to
make it known to SufTex, and in concert with him to obtain the furrender of the caftle. Heme,
according to Buchanan, perfuaded himfelf that SufTex and Drury were his friends ; knowing that
they were fecretly of the party of the duke of Norfolk ; and by his crcJulity brought upon himfelf
this heavy lofs; after which, being abandoned by almoft all his friends and kinfmen, who were
in the interefts of the king, he retired with one or two in company to Edinburgh, and fhut himfelf
up in the caftle. Buchan. 1. 20.

+ " Thefe were thought fufficient," fays Holir^fhed, " to keep it agaiull all the power of
H* Scotland, the fituation thereof is fo ilrong."

hundred]

6s g THE BORDER-HISTORY OF

Eii^e^, hundred foot, and four hundred horfe *, to accompany Lennox into Scotland,
q, of England. an j tQ gj ve tne j r ^ - m rec i uc i n g the queen's lords, before they Ihould grow

% ~~~7s7oT~ more formidable by the money and men they expected both from France
and from the duke of Alva in Flanders. To enfure the fafe return of thefe
forces, with exception of the chances of war, againft any treachery of thofe
who fent for them, the lord Ochiltry and five Scottifh gentlemen were lent to
Berwick as hoftages, Drury, marfhal of Berwick, had the command of this

Mem!°p d . ! i44. little army; and, before his fetting out, received, together with fome other
officers, the honour of knighthood from the earl of SufTex. The expedition
was fortunate, and the queen's lords, on the approach of the Englifh forces,
with thofe of the king's party who joined them at Edinburgh, were obliged to
abandon the field, and to feek their fecurity in diftant retreats. The caftle of
Hamilton, with fome houies belonging to the chief of that name, and to his
friends and allies, were feized and dellroyed ; and the Enghfli auxiliaries,
having given, by their timely aid, a fufficient afcendant to the king's -lords
over their adverfaries, returned fafe to Berwick, in little more than three weeks
after they had left it. The Scottifh hoftages, detained there during that time,
were diimiffed ; and the king's lords, with the approbation of the Englifh
July s2. queen, foon after made choice of Lennox to be regent of the kingdom,
during his grandlbn's minority -f-.

The affiduities of the French and Spanifh ambaffadors, to which they were
continually excited by Lefly bifhop of Rofs, who, with unwearied fidelity,
ferved the captive queen as her ambaffador at the Englifh court, prevailed with
queen Elizabeth to renew her negociations with Mary, for the liberation of the
latter from her imprifonment, and her reftoration to her throne. The king of
France had been the lover, and was ever the ardent friend of queen Mary j
and it is probable would have afforded her fome very powerful aid, had he
not been hindered by the civil wars of his own kingdom, which, during his
whole reign, were never effectually, nor for any confiderable time, extin-
guifhed. The Pope, the king of Spain, and the duke of Alva, were all
zealoufly in Mary's interefts. But Elizabeth and her minifters had the addrefs
to hinder the power of France and Spain from making any dangerous efforts
againft England, by fomenting jealoufies between thefe powers, by blowing
and feeding the flame of difcord in the dominions of each, and by amufive
negociations, that had the fliow of compofing in an amicable manner the

* The Scottifh writers call them only one thoufand foot and three hundred horfe. Their artillery
confided of four field-pieces. Among the foot, were the companies of captains Read, Carvel,
Game, Lamberd, and Errington. Holingfhed calls thefe the old bands of Berwick, ar.d fays, they
amcunted to five hundred men. According to Camden, Drury was firft fent fiom Berwick, at the
head of the Englifh auxiliaries, and received at Cc lUingham the Scottilh hoftages. He adds, that
Sufiex, accompanied with feveral officer?, followed the Englifh army to Edinburgh, and there
joined it to the forces of the king's lords. But Suffex's going to Edinburgh is not mentioned by
tne other hiftorians. Camd. p. 177, 178.

f Bedford, writing of this choice to Cecil, fays, Methinks I fte no likelihood of the con-
tinuance cf Lennox's conftancy, nor of their well-doing there, (in Scotland,) unlefs the queen's
majtfty do from time to time feed the cold humours of that country with fome continual demoniira-
tion of 'her fervency and zeal to the good matter they have taken in hand. ftaynes, p. 599.

8 quarrels

I2.2i

Carte, ib<

ENGLAND AND SCOTLAND. 6 39

ouarrels between the queens, as well as thofe of Mary with her rebellious J«me»vi.

> , - n K. ol Scotland.

fubjects. v___^__^

By a negotiation of this kind, which had commenced in May, certain pre'- 157°.
liminarie^ were about the end of June concluded, in order to pave the way for
carrying on a definitive treaty. One of thefe preliminary articles ilipulated a
celTation of arms between the contending parties in Scotland, for two moivhs -,
and by another of them, it was agreed, that the king of France fhould fend
no forces into Scotland, during the progrefs of the treaty, and that the queen
of England fhould recal thoie (he had in that kingdom. The forces fent
under Drury, and which were in Scotland, when this negociation began,
returned to Berwick in the beginning of June. But the fortrefles of Home f neW«
and Faftcaftle were ftill kept by fmall Englifh garrifons ; which the Englifh gSd".i£
miniftry juftified by alleging, that the lord Home having maintained the p. 500.
Englifli rebels, and a Milted them in invading, burning, and Ipoiling their native ^ ala ' p ' 1 '
country, he was, by the laws of the borders, anfwerable for the damages the
queen's fubjedts had fuftained, and that his houles were kept, until he fhould
make compeniation to thofe who complained of the injuries done them, after
which, there fhould be no delay in reftoring them *. And it was at the fame Hoi.Eng.chr,
time promifed, that thefe garrifons fhould commit no hoftilities. In Auguft, p -
the earl of Suflex -f, together with the lord Scroope, warden of the weftern
march of England, making an inroad into Annandale and Galloway, facked
and plundered Dumfries, and feveral other places. But when this was com-
plained of by the French ambalTador, as a violation of the armiftice, Elizabeth
difclaimed it, as done without her orders, and as intended only to revenge
fome inroad of the Scottifh borderers. The new regent and his friends were
obliged to comply with the inftances of Elizabeth in agreeing to cefiutions of spotifwooJ,
arms, firft for the two months of September and Oftober, and afterwards
until April. During thefe truces, which were all obferved on both fides,
delegates from each were fent to London, in order to negociate terms of a. r>. 1571,
agreement under the direction of the Englifh queen J. Mary, earneft to

* In the treaty at Chatfwortb, between the queen of Scots and Cecil and Mild way, it was
propofed to Mary, that until the rebels that were maintained in Home-callle might be delivered or
received, and reftitution made for the fpoils committed in England, by fuch rebels as the lord
Home maintained in Home-caflle and Faftcaftle, the faid callle of Home ihall continue in pofTe.Gion
of the queen of England ; fo that the profits of the revenues be not otherwife difpofed, but upon
the maintenance of the garrifon in the faid caftle. Provided that reftitution be made, and the rebels
cannot be recovered within three years, that, at the end of the faid three years, the faid caftle
fhall be refiored in as good ftate as it was received. — To which the anfvver for Mary was, " That
" becaufe all the queen of England's fubje£ls, if at any time any of them- was received in Home.
*' caftle, are departed furthe of that realme, and that the lord Home hath fuftained great damage
" and fkaythe in time part ; therefore, the queen of Scots doth moll humbly and earneftly defne, •>
" that Home-caftle and Faft-caltle alfo, with all the munition, moveables, and other plenifhing,
" may be rcftorcd to the laid Home, in consideration that he is minded to entertain amitie and
" peace between the realms."

•J- The earl of Suflex entered Scotland by the weft on the 22d, and returned on the 29th.
Buccleugh's Di.iry ap. Murdin.

J The delegates fent by the regent, were, the earl of Morton, Pitcairn abbot of Dunfermling,
and Sir James Macgill. The queen's delegates were, the biihops of Rofs and Galloway, and lord
Livingfton,

recover

6 \ •)

Q, ct" En 1 III I,

II jyncs, p. 623.

Tenelon's Dlf-
■patches in Carte.
p. 506.
Hajnes, p. 613.

April S,

April e.

Buchm. 1. 20,
Spotifwood,

Cald. ii. S33.

THE BORDER- HISTORY OF

recover her liberty, made great concefiions. In particular, fhe confented tha6
her fon fhould be fent into England, to receive his education, and be detained
as an hoftage ; but to this, or any conditions that fhould dived the king of his
prefent authority, Morton and his afibciates refufed their affent, as exceeding
the powers their commiffion gave them. The delegates from Mary were no
lefs firm in refufing to put into the hands of Elizabeth any of the fortrefTes of
Scotland, which were demanded as a fecurity for the queen and kingdom of
England, againft the ambitious enterprifes of the Scottifh queen. It had
been propofed with this view, that Dunbarton and Home, together with fome
other fortrefies in Galloway or Cantire, fhould be pofTefied by the Englifh for
three years-, but the agents for Mary alleged, that this would be depriving
her of^the ftrength of her kingdom, and that other places of like ftrength
might be demanded by the French king, agreeably to the fpirit of the treaty
of Edinburgh in 1560, which provided that neither French nor Englifh
ibldiers fhould remain in Scotland *. It was in the end piopofed by Elizabeth,
that, as the Scottifh regent had appointed a parliament to meet at Edinburgh
on the 14th of May, there fhould be a cefiation from mutual hoftilities until
that time •, and that commiffioners of each fide fhould be cholen, and autho-
rized by the parliament to compote all differences. But Mary, provoked at the
obllinacy of the Scottifh delegates, and the dilatory meafures of Elizabeth,
rejected this propofal ; upon which a flop was put to any farther treating, and
Morton and his afibciates were allowed to return to Scotland.

A few days before theie delegates returned, the regent had, by furprife, and a
fcalade, in the night-time, become matter of the caftle of Dunbarton, which
had hitherto been held by lord Fleming for the queen. John Hamilton arch-
bilhop of St. Andrew's, a principal perfon in the queen's faction, and ex-
tremely obnoxious to the regent, by the afcendant he had long held in
the hoftile family of Hamilton, was taken prifoner in that fortrefs ; and three
days after, publickly hanged on a gallows at Stirling. This kindled an im-
placable refentment in the minds of the Hamiltons, as well as of the other
friends of the queen ; and the delegates of each party loon after coming home
from England, without having made any progrefs in the work of pacification,
a civil war immediately broke out in Scotland, and was carried on with much
animofity for almoft two years. The principal fcene of thefe hoftilities,
during the fummer of this year, was Edinburgh and Leith, and the country
in their neighbourhood. Grange, the governor of the caflle, having received
fome remittances from France, hired foldiers, by means of whom, and of his
fituation in the cattle, he became mafter of the city. Thither the duke of
Chatelherault, the earl of Huntley, and the other leaders of the queen's
faction loon repaired. On the other hand, the regent and his friends, of whom
the moft active and powerful was the earl of Morton, took pofTeffion of Leith j
from whence they gave all the annoyance they could to their adverfaries.

* With regard to the demand of caflles in Galloway or Cantire, the queen alfo pled, that
fhe had no caftles or Itrengths in either country, btit fuch as were the property of noblemen, and

whereof, in reafon, fhe could not difpoflefs them. Haynes, p. 613.

The,

ENGLAND AND SCOTLAND. 6 , i

The Englifh queen, il: ill affecting the character of mtdi.itn.fs between the . J""" VI -
contending parties, did, in that office, during this feafon, chiefly employ Sir . ' ° c ° "'" )
William Drury marfhal of Berwick. By order of his miftrefs, Drury repaired • <-'•
to Edinburgh in June; and going between the factions, laboured to gain SSn^'** 1 *
their confent to an abftinence from hoftilities ; and in particular, that the
capital fhould not remain the fcene of ftrife, but be left open for adminifter-
ing public juflice, and tranfacting the affairs of the nation. But the violent
jealoufies and rtlentments of either fide fruftrated all Drury's pains-, and ib far
was his vifit from compofing their quarrels, that it occafioned one of the molt
confiderable conflicts that happened during this feafon. For when he fet out
on his return from the city towards Berwick, a body of the queen's forces did,
in teftimony of refpect, attend him to fome diftance from the walls. Morton,
who lay at Leith, informed of this appearance of the enemy, drew out his
forces and advanced towards them. Drury endeavoured to perfuade them
both to retire; and to fave the honour of each, propofed they fhould begin
their retreat at the fame inftant, upon a fignal that he, flanding in the fpace
between them, (hould give. But Morton, irritated by the boafts of his ad-
verfaries inflead of retiring, by a fudden and violent attack, broke them, and
drove them towards the city. In the purfuit, and in entering the foot of the
Canongate, through the narrow port called the Water-Gate, a confiderable
number were killed and made prifoners *. Among the latter was the lord
Home, who was fent to the caftle of Tantallon •, but was foon after exchanged
for the laird of Drumlanrig, who, on the way from Leith towards his own
country, was made prifoner by Sir David Spence of Wormefton ; a gentleman
of the queen's party, who fignalifed himfelf, at this time, by many gallant
exploits.

Thefe fierce contefts were carried on, not only by the fword, but alfo by Crswf. Mem.
acts and fentences of conventions, which either fide called parliaments. The p " I77 *
party of the king held a meeting of this kind in the Canongate, but within
the liberties of the city ; in confequence of a fummons that had been ifiued
for a parliament to meet at Edinburgh on the 14th of May. It was attended
by a confiderable number; and fat, notwithftanding the vicinity of the enemy
and fire of the caftle, for four days. In the following month a convention,
much lefs frequent, was held within the city by authority of the queen. The
bufinefs of both affemblies was to pafs acls juftifying their own conduct, and
fentences of forfeiture againft thofe of the adverfe party. New meetings of
"the fame kind were held in the end of Auguft, one by the king's party at
Stirling, where the infant prince was prefent; and the other, by a very fmall
number of the queen's party, at Edinburgh. The continuance of ftrife
having multiplied offences and heated refentments to an extreme pitch, the
forfeitures decreed by thefe meetings were far more numerous than in the pre-

• Crawford places this ronfli£t on the 16th of June. It was afterwards, by the queen's party,
called Drurfs peace, or Black Saturday. Crawf. p. 193. This party alleged, that Drury be-
trayed them, by perfuading them to turn their backs ; while their enemies, inltead of doing ths
fame, made a fierce and unexpected attack on them. Crawf. ib.

4 N ceding.

Sept, 3.

g 42 THE BORDER-HISTORY OF

EHzafceth, ceding. The Stirling parliament did alio, in compliance with a requefi: lately

q. ot E ngland. tran f m j ttec j t0 tne re gent from Elizabeth, through Sir William Drury, appoint

1571. commissioners to meet on the borders with fuch as the Englifh queen itiould

SpotifKood. fend thither, in order to treat of the differences that had lately ariien among

the Subjects of Scotland, and for contracting a league between the realms.

A Safe-conduct was alio fent to Grange for fome of his party to pafs into

England on the fame errand ; but an unexpected event put a hidden flop to

theie transactions, and embroiled (till more the affairs of Scotland.

While the king's parliament fat at Stirling, the diftance of their enemies,
and the employment given them by the king's forces that were at Leith, threw
M-iviii --6 them into a (late of the molt entire Security. Of this the laird of Grange
»if having intelligence, formed the project of furpnfing their quarters, and of

feizing the perfons of the chief ot his adverfaries. Tnis bold encerprife was
fo well and happily conducted, that a body of five hundred men, who were
employed in it, entering Stirling at day-break, got poffefTion of the town
without refiftance, feized in their houfes the regent, the earl of Morton, and
nine other lords, and having put them on horles, were actually carrying them
off. But an attack being made upon them, under the conduct of the earl of
Mar, from the cattle, while mofl of the private men were diiperfed in fearch
of booty through all corners of the town, the victors were driven off in con-
fufion ; and being hotly purfued, were obliged to quit their prifoners, and
feek their own fafety in flight. Amid this diforder the regent was mortally
wounded by captain Caulder of the queen's party, in fpight of Sir David
Spence of Wormefton, whofe prifoner he was, and who fell a victim to the
miltaken rage of fome of the king's party, notwithstanding the interceffion
and remonftrances of the dying regent. One of the chief conductors of this
enterprife was the laird of Buccleugh -j-, who was accompanied in it by his
band of borderers. To them was partly owing the failure of the project,
their patlion for booty making them difperfe in quelt of it; but it was alfo
owing to them that very little lofs was fuftained in the retreat; for they had
emptied fo entirely all the ftables in the town, that there was not a horfe to
be found for purfuing the invaders, who muft have otherwife become an eafy
prey. The high place vacated by the unexpected fall of Lennox, was Sup-
plied on the day following, by the election of the earl of Mar, a very popular
nobleman, in his room.

At the very time of this revolution in Scotland, the court of England were
alarmed with a difcovery that the duke of Norfolk was again engaged in cor-
refponding and plotting with Mary ; notwithstanding the folemn promife he
had made to his own queen, on being difmiffed from the Tower, that he would

-f- The principal leaders in this enterprife were, the earl of Huntley, lord Claud Hamilton, and
Waltei Scott of Buccleugh.

Sir James Mtlvill fays, that Ferniherfr. and his men were alfo engaged in it. But this account
does not agree with the relations of the other hillorians, who fay, that the party employed in this
expedition, on their letting out in the evening from Edinburgh, fpread a report, that they were
going to Jedburgh, to compofi a difcord that had fallen out between the town and the laird of Ferni-
heifl. Spotifwood.

for

ENGLAND AND SCOTLAND. 64 1

for ever abandon all fuch couries. Mjry, vexed at the failure of the negocia- jim^vi.
tion for her liberty, that bad been earned on in the preceding winter, and K cotl »"^
having no hop?s from the French court, where the queen-mother was always 1571.
her enemy ; had, by means of the Spanifh .ambaflador, and Ridolphi, a
Florentine merchant, who was the Pope's fecret agent in England, entered
into a correfpondence with the duke of Alva, the king of Spain, and the Pope.
The bilhop of Rofs was her principal director and agent in this correfpondence,
as alio in that which (lie maintained with Norfolk ; who, though he did not
approve of many of the fchemes of the unhappy queen, for regaining her
liberty and crown, was made privy to them all. J here were alio feveral other
perlbns of the firft rank, who were no ftrangers to thele fchemes J ; and who,
being committed to cuftody at the fame time with the duke, did, in order
to recommend themfelves to Elizabeth's mercy, readily confefs all they knew.
But the chief evidences againfl the duke were, the teftimony of Banifter his
lawyer, and of two of his domeftics •, the confelfion of the bifhop of Rofs,
and certain papers, letters, and cypher?, that had come to him from the queen
of Scots and the bilhop of Rofs. He underwent his trial, and was condemned
by his peers, in the following January •, but the queen delayed his execution,
until his fentence had received the fanclion of her commons aflembled in par-
liament, in May ; who, having befought her that public juftice might have
its courfe againft lb dangerous a criminal, he was, in the beginning of the
following month, beheaded on Tower-hill •, and by his death the intereft of
Mary in England received its fatal blow.

In Scotland the operations of the new regency began with an attempt to
take Edinburgh •, but this failing, the forces that were employed in it were
obliged to retire to Leith •, and in that neighbourhood the winter was fpent in
unimportant fkirmifties. In the north, lord Adam Gordon, atting as lieute-
nant under his brother the earl of Huntley, had great fuccefles ; particularly
againft the Forbefes, who were zealoufly attached to the fide of the king.
Thefe fuccefles encouraged the queen's friends in other parts of the kingdom a.t>. i J7 t.
to exert themfelves. The chief of this part,y, on the borders towards En». Buchan. i. *>.
land, were the lairds of Ferniherft and Buccleugh ; who, about the end of
January, having collected three thoufand men, confiding of their own friends
and dependents, and of a number of the banditti of the marches, Englifh as
■well as Scots, attempted to reduce the town of Jedburgh; which, from the
beginning of thole ftrifes, had been on the fide of the king. The regent fent
to the aid of the town the lord Ruthven, with a fmall body of horfemen and
mufqueteers; which were joined by a few more from the neighbouring county
of Mers. There had alfo come from Edinburgh to the other party an aid of
one hundred and fifty chofen mufqueteers. Buccleugh and Ferniherft, in-
formed of Ruthven's being at Dryburgh, moved very early in the morning
towards Jedburgh to hinder him from entering it. The Jedburghers, at the
fame time, being joined by the laird of Cefsford and his men, and knowing
that Ruthven was coming up, marched forth to receive their enemies in the

X Lerds Arundel, Southampton, Lumley, Cobham, &c.

4 N 2 field.

.644 THE BORDER -MIST0R Y OF

1 " th > field, Ruthven, aware of the danger the place was in, marched with great
. !i!Hi expedition, and, before the little armies were engaged, appeared nigh the rear
J57J. of his enemies, and began to annoy it. The latter dreading an attack on both
fides, retired to fome neighbouring faftneffes ; and the banditti dilperfing to
their ufual haunts, the chieftains, with their clients, and the company of foot
that had come from Edinburgh, marched to Hawick. There Ruthven fur-
prifed them by a march through fnow in the following night-, and the
company of foot, abandoned by the horfe, were all made prifoners.

During thefe troubles, the queen of England ceaied not from feeming

endeavours to reftore peace between the contending parties. For this purpoie

instructions were given to lord Hunfdon to treat with Grange and his company

eompi. Amb. in the caftle; and afterwards Randolph and Sir William Drury were lent into

p.^151, 13a. Scotland. But the dealings of the court of England in this matter were not

candid ; as by this time was fufficiently known to both parties. Elizabeth

was alfo very (paring of her money, which, properly laid our, would, in thefe

negociations, have been of mighty effefr. Mean while Mary's party had

great promifes, and fome fmall fupplies of money and arms, from their

foreign friends •, which ferved to recruit their fpirits, but added very little to

their ftrength. By the continuance of mutual offences and feverities, the

Crawford. aiii mofity of the contending parties rofe to fuch a height, that for almoft two

Spotirwood. months, in the beginning of the fummer, no quarter was given by either

fide.

The queen of England had, for a considerable time pall, been on bad terms
with the king of Spain •, and had greatly increafed the refentment of that
proud monarch, by ordering his atnbaffador to leave her kingdom, on account
of the plots in which he had been detected with the Scottifh queen and her
friends. She had alfo caufe to apprehend from the Pope, and the duke of
Alva, all the mifchief it was in their power to do her. To avoid or diminifh
thefe hazards, fhe began to cultivate a ftricler friendfhip with the court of
France, which was at that time jealous of Spain ; and the king and queen-
mother of France, by feeming to be in concord with England, fought to
obtain the confidence of the Hugonots ; propofing to employ this confidence
for their destruction. Thefe policical motives were ftrengthened by the ambi-
tion of the queen-mother, who had been carrying on, for many months, a
fruitlefs treaty for a match between Elizabeth and her fecond fon the duke
of Anjou. This friendly correfpondence did, however, at length iffue in the
defenfive treaty between the crowns of England and France; which, abouc
the middle of April, was concluded and figned at Blois *. The article of this
treaty that related to Scotland, was one of the moft difficult to adjuft. Eliza-
beth would not allow the name of the queen of Scots to be mentioned in the
treaty; and the king of France did, in effect, by this treaty renounce her
interefts. For it was ftipulated, that no innovation fhould be made in Scot-
land ; that both princes fhould join in defending that kingdom againft
foreigners, whom they fhould not allow to enter it, or to lupport the Scottifh.

• Tliis treaty is not publifhed by Rymer.

factions ;

ENGLAND AND SCOTLAND. 645

factions; a right only being referred to the queen of England of pnrfuing, ,fane«vj.
with arms, all who afforded protection or fupport to theEngliihrebelsth.it K ' of S c ^'"" i ;
were then in Scotland. ' IJ7ai

By virtue of this treaty the Englifh garrifons ought to have been withdrawn Coi "p- Amb -
from the fortrefTes of Home and Eai.tcarr.le. But this not being done when p ' 2 ' 4 '
the duke de Montmorency came over on a iblemn embaffy, about two months
after, to receive the ratification of the treaty, the queen, before givin» her
oath, made a protection, that though the abovcmenuoned fortrefTes were not
reftored, yet the fault was not in her; who had propoied the reftitution of
them both to lord Home and the regent. But the former expreffed his defire
that the queen (hould rather retain thefe places, than that they fhould furnifh
frefli fewei to the civil difcords that already raged with fo much violence. That
it had been thereupon propofed to the regent, that the lord Home fhould
have his cattle, upon his acknowledging the king; which the lord Home
offered in words,- but the regent alleged, that this offer was only made with a
view of recovering his fortrefTes, and that he would then return to aflift thofe in
the caftle of Edinburgh ; which allegation the queen had realbn to think was
well founded in truth. And with regard to Faft-caftle, when this was feized by
the Englifh, it was held by lord Home, not as his own, but in quality of tutor
to an infant, who had now come to age, and adhered to the party of the kino-.
This protettai ion, joined to affurances which the Englifh ambaffador in France
was ordered to give, in the name of his miftrels, that (he meant not to detain
either the one or the other of thefe fortreffes, feems, for the prefent, to have
fatisfied the French court ; although the continued detention of thefe places by
the Englifh, did afterwards occafion new remonftrances from that quarter.

Soon after the conclufion of the treaty at Blois, the French king fent Le
Croc, and the queen of England Sir William Drury, to be joint mediators in
a peace between the contending parties in Scotland. Thefe negociators found
it difficult to deal with perfons fo much irritated againft each other. They did,
however, in the beginning of June, prevail with them to ceafe from the bar-
barous cuflom of giving no quarter; and, in the end of the following month,
brought them to agree to a truce for two months ; in the courfe of which, a
convention of eftar.es was to be held in order to fettle a full agreement, and if
a reconciliation could not be concluded, the matters in difpute were to be
referred to the queen of England and the king of France : of this truce all
were to enjoy the benefit, except the murderers of king Henry, and of the
two regents, and the banditti of the Highlands and the borders. In parti-
cular, it was agreed, with regard to the latter, that neither party fhould feek
an impunity for them, for trefpaffes committed againft England; but that the
offenders fhould be anfwerable for fuch trefpaffes, according to the laws of the
marches. While this negociation was carrying on, a fecret bargain was con-
cluded between the court, of England and the earl of Morton ; in purfuance
of which, the earl of Northumberland, who had remained prifoner at Loch-
levin, ever fince he was fent thither by the regent Murray, was given up to
lord Hunfdon at Berwick. The court of England paid a high price for the

delivery

6*6

Elizabeth,
O^of England.

1572.
(a) Sept. 27.
Bffelrill,

p. !!!. &=•
Craw/, p. 237,
Ac.

Spotifwood,
p.joj, 264.

oa. 29.

Nov. 15.

Spotifivood,
. p. 267, &c.

THE BORDER- HISTORY OF

delivery of this unfortunate earl ; who fopn after fuffered as a rebel at
York ».

The convention of eftates to be held according to the truce, did not meet
till two or three days before the term of its expiration (a); but immediately
after their affembling, it was agreed that the truce fhould be prolonged to the
firft of January. To this convention certain articles were propoitd by Grange
and his alTociates in the caftle •, in the view of obtaining the belt iecurity they
could, for the perfons and eftates of themfelves and their friends. One of thefe
articles was, that the fortreiTes of Home and Faft-caftle, with their dependen-
cies, mould be refrored to lord Home •, alio, that the abbey of Coldingham
fhould be reftored to its prior John Maidand, the brother of Lethington •, and
that the queen of Fngland fhould engage to warrant thofe poflfefiions to the
perfons mentioned. In the other articles it wao propofed, that Grange fhould
have a great fum allowed him for defraying the debt he had contracted in the
wars -f ; and that his lands fhould no longer hold of Morton, but of the king;
and that licence might be given him and his companions to repair to France,
or to fuch places of Scotland as they fhould chufe. Thefe demands being
high, and at the fame time difcovering a jealoufy of Morton, were oppofed by
this earl and thofe of his party, who were by far the moft numerous in the
meeting ; yet they were not abfolutely rejected, but the farther confideration
of them delayed, until the end of the following month, when a meeting for
that purpofe was appointed to be held at Perth. The mind of the regent being
fet on peace, which he hoped would have been concluded at this convention,
the difappointment afflicted him fo deeply, that he died, as was generally
believed, broken-hearted, about the end of the following month.

The horrid maflacre of the Proteftants lately committed in France, did
greatly weaken the intereft of the French court in Scotland, and at the fame
time much ftrengthened that of the Englifh queen-, who was juftly confidered
by all the reformed, as their fureft bulwark againft the perfidy and cruelty
of the Papifts. The influence of England appeared, and was at the fame
time greatly increafed, by the eftates of Scotland conferring the regency on
the earl of Morton, a man who had been long wholly devoted to the Enslifti
court J. The Englifh ambaiTador Killigrew became now the mediator between

• It was ungrateful in Morton to forget his obligations to the earl of Ncrchumberland, during
his own exile in England.

The fong in Dr. Percy's Collection makes Northumberland fay,
When the regent was a baniihed man,
With me he did fair welcome find. Dr. Percy's Col. vol. i. p. 261.

This earl of Northumberland was fucceeded by his brother Henry Percy, in virtue (ita Carte)
of Philip and Mary's letters patent, May 1557, granting the earldom to Thomas and the heirs-
male of his body, and in failure thereof to Henry, with the fame limitation; the latter grant,
being diilinct from that, to his elder brother, and not affected by his attainder; though it could not
take place till his deceafe. Carte, vol. iii. p. ^90.

f. 20,000 merks.

X It is one of the inductions given by the eftates to Morton, at his election, that he fhould te
careful to entertain the amity contracted with the queen of England, Spotifwood, p. 267.

Morton

ENGLAND AND SCOTLAND. 647

Morton and his adverfaries. Grange and his companions in the caftle of JtmetVt.
Edinburgh rtill infifted on terms that Morton would not grant. And at the . '" " c ° "^ '
expiration of the truce, hoftilities from the calHe recommenced. Thefe how- a. d. 15-3.
ever did not hinder the meeting of a parliament at Edinburgh, in the end of
January •, where acts were made for maintaining the prefent form of govern-
ment, and the true religion, which were confidered as infeparably connected.
In the mean time, a negociation was carrying on between the regent, and the
duke of Chatelherault, and the earl of Huntley ; who confented to treat apart
from their friends in the caftle. The refult of this negociation was a treaty
concluded the following month at Perth, wherein the interefts of the exiled Feb. »*-
queen were abandoned by her principal friends ; and, in confequence of their
fubmiffion of thele to the authority now at prefent eftablifhed, their refiftance
to it in time pall was forgiven, and their former rights and poflefiions reftored
and fecured. Some circumftances which the parties in this treaty did not fully
fettle, they referred to the decifion of the Englifh queen.

As the lord Home was all this while in the caftle of Edinburgh, united in
couniels and actions wish Grange and Lethington, the queen of England was
thereby furnifhed with a good pretence, for detaining the fortrefles of Home
and Faft-caftle. In the inftrucfions given to the earl of Worcefter going to Comp. Amb.
the French court in January, to reprefent his miftrefs at the baptifm of the ?- 3 20 > 3"-
French king's daughter, he was directed to inform that monarch, that the
queen had hitherto kept at her own expence the caftle of Home, in the view
of bridling both parties, and bringing them to an agreement; that to have
delivered it to lord Home while in arms againft the king, would have tended
only to encourage him to be more obftinate in his refiftance-, that if (he had
delivered it to one of the king's party, it might have been difficult, after the
return of peace, to have procured the reftitution of it to its natural lord •, but
that now fhe thought it beft, that upon her delivering it to the king's party,
affurance mould be given by them to reftore it to lord Home, on his fub-
mitting to the king as he had formerly done. In the fame inftructions the
queen complained of the obftinacy of thofe in the caftle, and of their infolent
contempt of herfelf and the French kin j, in paying no regard to the great
pains taken by thefe monarchs to reconcile them with their fellow-fubjects.
She complains alio of the injuries done to her fubjects by the outlaws and
thieves on the borders ; againft whom no redrefs could be obtained, by reafon
of the continuance of the civil troubles in Scotland, the one or other party
being always ready to protect offenders. When the queen's purpofe of de- ib. p. 314. 329,
livering Home-caftle to one of the king's party was fome time after more
plainly intimated to the French king by the Englilh ambaflador, that king
obferved, that though the league did not exprefsly mention that the caftle of
Home fhould be reftored to its lord, yet that was its meaning; and that he
would rather that the queen fhould retain it, than that it fhould be delivered
to the hands of any other. And upon his adding, that he would advife about,
the matter with his council ; the ambaffador told him, agreeably to the in-
• ftructions brought over by Worcefter, that the queen would capitulate with
6 thofe

648 THE BORDER-HISTORY OF

Elizabeth, thofe to whom it fhould be delivered, to reflore it to lord Home, upon this
S^>W»^ lord's lubmitting to the king's authority.

1573. Grange and his friends in the caflle were now the only open enemies to the

king and regent. The articles of the treary at Perch were carried to them by

Crawford ^ «

Spotfwood. the Englifh ambaffador; but neither his p'erfuafk s, nor thole of their bell
friends in the king's party, could engage them to accept of thefe articles, and
lay down their arms. Grange was the mod celebrated warrior, Lethington
the wifeft politician of their age and country. They trufted to their talents
and paft good fortune, and (till flattered themielves with the hopes of aid from
France and Spain. But, befides that, their cauie was now too evidently
defperate, France was engaged in the tedious and deftruftive fiege of Rochelle,
and the duke of Alva dinrefled by the enemies his own cruelties had created
him in the low countries. In thefe circumftances the queen of England was
formidable to both France and Spain, and both were a&ually courting her
friendship. It was prudent in Morton, and his good ally, Elizabeth, to
embrace fo favourable a feafon for giving the laft blow to the power of their
adverfaries in Scotland ; and Morton, deflitute of the means of reducing by
force a place of fo great ftrength as Edinburgh caule, readily obtained from
the Englifh queen a body of troops, and a train of artillery to be employed
in that fervice, which were fent from Berwick in April, under the command
of Sir William Drury.
Spotfw. p. 270. Previous to the march of the Englifh forces, the lord Ruthven was deputed
Crawford. from the Scottiih regent, and met with Drury in the church of Lamberton,

at a fraall diftance from the bounds of Berwick ; and there agreed on the order
and conditions to be obferved in this expedition Befides fettling the manner
of difpofing of perfons and things that (hould be found in the caftle, it was
agreed, that the regent fhould furnifh the Englifh with all neceffaries, and join
to them a furHcient body of horfe and foot; chat the wives or neareft relations
of the Englifh killed in the fiege, fhould have a reafonable gratuity, at the
difcretion of the Englifh general •, that any of the great guns damaged in the
fervice, fhould be replaced by pieces out of the caftle of the fame iize and
metal ; that the Englifh general fhould not fortify on Scottifh ground, without
permiffion of the regent ; that on the caflle being taken, he fhould retire im-
mediately with his forces and artillery ; and laftly, that for the fafe return of
the Englifh foldiers, the chances of war excepted, the Scots fhould deliver
certain noblemen's ions as hoflages, to be detained in Berwick, or other places
neareft to Scotland, until the end of the expedition.
Camden. As foon as the hoflages * were delivered at Berwick, Drury marched into

c P rawf°rd.' Scotland at the head of one thoufand five hundred men. The artillery,
Hoiingfhed. among which are faid to have been nine great culverins that were taken from
6c° cbr. p. 41a. the Scots on the field of Flodden, and other neceflaries for the expedition,
April 26. were fent round by fea. Grange and his companions refufing a fummons to
furrender, though accompanied with the offer of their lives, a regular fiege

* Thefe liolrages were, the matters of Ruthven and Semple, John Cunningham, foil to the earl
of Gleiicairo, and Douglas of Kilfpei.die.

2 was

ENGLAND AND SCOTLAND.. g ¥)

was begun, five battcres erected * ; and after a firing of eight or nine days, J'mesvr.
practicable breaches were made -f. An aflault being then given, a lodgment K '°'
was made in one of the bulwarks; by this time alio the lmall garrilbn were 173.
exhaulted with watching and fatigue, and in great Icarcity of water. The le
eircumflances brought Granoe to a parley; the regent refilling any other terms
than a furrender ..t discretion, Grange did at lall, with the advice or Lethington,
refolve to make this furrender to Drury, as lii : 11 tenant to the English queen ;
fubmitting to her pkaiure the difpoial of himfeif and his friends. Although M.y 29
Drury could not, conliilentiy with the convention at Lamberton, make any
compofition with the belieged without the regent's confent, yet the eircum-
flances of this furrender, determined him to carry Grange and the ether chief
perfons to his own quarters, and to keep them there until he received orders
from the queen of England how to difpofe of them. Thefe orders were loon r„ n e 1$,
fent, and required him to deliver them all up to the regent. It is related by Stowe.
fome, that he obeyed with reluctance, and marched back to Berwick, much
difplealed with the queen's putting into the hands of their deadly foe, perfons
who had delivered themfelves up to him in hopes of mercy; and complaining
of Morton, and the Englilh ambafiador Killigrew, who had fruflrated his
intercefiions for them J. Lethington and Grange finished foon after their career
of ambition; the former by a dole of poilbn in his place of confinement at
Leith, and the latter by a public execution in the high-ftreet of Edinburgh; Au & uft »i
his brother and'two goldfmiths fuffering along with him. The other prifoners
had their lives fpared ; thofe of rank being confined in places of itrength.
The mod confiderable of them, and indeed the only nobleman amongft them,
was the lord Home, who was detained in the cattle, where not long afcer he
ended his life §.

The

* Thefe batteries were raifed on the ground where Herriot's hofpital is now built, and were called
by the names of the chief commanders: 1. King's Mount. 2. Mount Drury. 3. Mount Lee.
4. Mount Carey, from Sir George Carey. 5. Mount Sutton, from Thomas Suttcn mailer of the
ordnance at Berwick. Holingf. and Godfc.

•f- Melvill fays, that feveral of the captains of Berwick went up to the caflle, by the breach beat
down in the fore wall by the cannons, that they might fay, they had won the MaiJen-caftle.
Melvill, p. 243.

% If Drury complained, as Melvill and Crawford's author poftt'vely relate, this feems to have
bten the gtound of it; for, by the convention referred to, it is plain, he had no power without the
regent's confent, to engage, as Melvill pretends lis did, that the befieged mould come forth with
their arms, bag and baggage, and have their eftates reftored. Melvill writes from memory, and
was biafled in favour ot Gr nge, who was his rephew ; (o that his account of this tranfaition is in
feveral refpecls erroneous. Yet what he fays of Drury's difcontent may in general be true. He
adds, that Drury, confidering himfeif as Jiihonoured, would ferve no longer at Berwick ; and
indeed, in the month following this trarifadtion, Sir Valentine Brown appears in Drury's place, in
the council-book of that garrifon. MSS. Council- Book in Archives of Berwick,

It is flrange, that Carte makes no mention of the convention at Lamberton, though both in
Spotfwood and Crawford.

§ Melvill afcrihes the prefervatroii of 1. rd Home's life, to the regent's dread of Alexander Home
of Manderllon, Colde.iknows, the good man of North-Bei wick, and others of the name, who were
open and loud in their menaces ot vengeance, Camden fays, that the f{ in^ of Home arid the
rell, was owing to the interctflion of the E< glim queen, who, on that accou,.t, was prai.ed for her
clemency. Carte, from Fenelon's difpaiches, relates, that lord Home paying Morton io,oool.

4 O was

650 THE BORDER- HISTORY OF

T1 f^ be t*.d ^' ie re S ent being now eftablimed in the undifturbed poffeflion of the

v^o ^ng a» ^ f U p rerne authority, maintained and exerted it with great vigour. One of his
»573- firft cares was, to put an end to the diforders that had prevailed on the marches

during the late troubles, and which had given jutt occafion to frequent
complaints from the court of England. To oblige this court, to whom he
owed fo much, he vifued in perfon the fcene of thefe diforders, met with Sir
John Forrcfter, the Englifh warden of the middle-march-, and in concert with
him, took the moft effectual meafures to redrefs paft, and prevent future,
injuries. He compelled the heads of the principal families to deliver pledges
for their good behaviour, and appointed wardens in whom he could confide.
Thefe were, Sir James Home of Cowdenknows for the eaftern; Sir John Car-
michael, one of his principal minifters, for the middle ; and lord Maxwell, for
the weftern, marches.

A. a 1574. The intereft of the exiled queen was ftill farther weakened in the following

year, by the death of Charles IX. of France, whofe fondnefs for Mary would
have had more confpicuous effects, had it not been thwarted by the averfion of
his mother to that princefs, and had he not been almoft continually employed
at home by his wars with the Hugonots. His fucceffor Henry III. from his
hatred to the houfe of Guife, did alio hate Mary ; and her intereft, arifing
from her connexion with that potent houfe, was greatly weakened by the
death of the cardinal of Lorrain, which happened before the expiration of the
year.

A. d. 1575. Notwithftanding the circumftances above related, which all tended to

preferve peace between the neighbouring nations, this peace was in hazard of

being broken in the fummer of the year following. At a meeting held in the

accuftomed time and manner, at a hill called the Red Swire, on the middle

r,J ul Jl\„ march between the kingdoms, Sir John Forrefter, warden of that march on

vjOQIi p. 2 - — • O • **

Spotfw. p. 274. the fide of England, who was then alfo governor of Berwick*, and Sir John
cr^ford. Carmichael, warden of the oppofite march in Scotland, were employed in the

ordinary bufinefs of hearing caufes and redrefllng wrongs. In the progrefs of
this work, an Englifhman, who had been convicted of theft, and was a
notorious offender -f, was demanded by the Scottifh warden to be delivered up,
according to the law of the marches, to be the prifoner of the owner of the
goods ftolen, until fatisfacf ion fhould be made for them. This delivery being
excufed for the prefent by Forrefter, on fome pretence that did not fatisfy
Carmichael, he entered into expoftulations with Forrefter ; who being thereby
provoked, behaved haughtily, and gave figns of refentment apparent to all
around him. This was fufficient incitement to fome of his attendants to attack

was put in poffeflion of Home and Fafl-caftle. Elizabeth mull therefore have put thefe caftles into
the hands of Morton. But how doth this accord with Home's Leing detained in the caftle of
Edinburgh until his death?

* In a minute of council dated at Berwick 12th of February, the title is, Before Sir John For-
tefler knight, having the prefent government here, and before the refidue of the council here. And on
Saturday the 24th of July, he alfo appears at the head of the council, with the title of the Right
Worfhipful Sir John forrefler knight, lord warden of the middle marches of England againlt
Scotland. Berwick Archives. Probably he had a deputation from lord Hunfdon.

\ Godfcx&ft calls him Farnftein ; tvfo had btenfkd bj a bill, of goods Jlokn from Scotland.

thole

ENGL AND AND SCOTLAND. 651

thofe of the other fide-, which they did, by a flight of arrows that killed one J«n«vr.
Scotchman, and wounded feveral others*. The Scots, by this unexpected ^J_°_' " '^. '
afTault, were driven off the field ; but being met in their flight by fome Jed- 1575*
burgh- men, who were coming to attend the warden, they were encouraged to
turn back on their enemies •, which they did with fo much vigour, that they
put them to an entire rout. In this rencounter, Sir George Heron, keeper of
Tindale and Ridldale, a man much efteemed in both realms, was (lain, to-
gether with twenty-four of his countrymen. The Englifh warden himfelf,
his fonin-law, Francis Ruflel fon to the earl of Bedford, Cuthbert Colinwood,
James Ogle, Henry Fenwick, and feveral others, were taken prifoners. Being
carried to Morton at Dalkeith, they were treated with the greateft humanity;
but he detained them a few days, in order to give time to their reientment to
fubfide, which might in its firft fury have been the occafion of greater mif-
chiefs. He alfo required them, to fubferibe engagements to make their ap-
pearance in Scotland at a certain day, and then difmiffed them with great
exprefllons of regard.

The queen of England, when informed of thefe proceedings, was very Camden,
much incenfed, and fent orders to her ambaffador Killigrew, who had a little MuldWstate
before gone to Scotland f, to demand immediate fatisfaftion for fo great an Pap«s, p. a86.
outrage. Killigrew was alfo directed to inform the regent, that the queen had Du s a ' Ell s ,l ' eer '
ordered the earl of Huntingdon, who was then prefident of the council at
York, and lieutenant of the northern counties, to repair to the borders for the
trial and ordering of this matter ; and that fhe expected that Morton would
meet with him in perfon, for that effect. Morton, ever ftudious to gratify
Elizabeth, readily agreed to the propofal. The two earls accordingly met at
Fouldean near the Berwick boundary J, and continued their conferences there
for fome days, in the courfe of which, Morton made fuch conceffions, and
agreed to fuch conditions of redrefs, as entirely healed the offence. Car-
michael, who was confidered as the principal offender, was fent as a prifoner
into England, and detained a few weeks at York ; but the Englilh court being
now convinced that Forrcfter had been in the wrong in the beginning of the
fray, the Scottifh. warden was difmiffed with honour, and gratified with a

• The Englifh bowmen, fays Godfcroft, were chiefly of Tindale. The Scots that fell in this
fkirmifh, according to Crawford, were the laird of Mow and three private men.

•j- That Killigrew had been fent down to Scotland a little before this difturbance on the borders,
i* evident from a memorial of occurrences in Scotland, puhlifhed by Murdin, which, though it has
no name, plainly appears to have been written by Killigrew. In this memorial, Killigrew
mentions the lord Home, and others, making application to him, to intercede for them, with the
regent ; and that his anfwer to them was, that the queen pitied them, and had inltrufted him to deal
with the regent concerning them; but that this late accident had hindered him from following any
part of his firft inliruftions, until the regent had farisfied the queen with regard to it. He adds
afterwards, that lord Home, being in defpair to obtain any relief from the regent, had folicited h m
(Killiprew) to ufe his intereft wi.h the queen to <_-ive him a penfion for his fullenance. Then he
fays, mat he thinks the man will not live long, being confumed with ficknefs.

t The Scottifh writers fay, they met at Foulde n. Camden fays, it was at the bound-road on
the very limit between the kingdoms. The regent lodged at Langto.i, about eight miles weft from
Fouldean, ana went from his lodging every morning to the meeting. (Killi^rew's Memorial above
quoted.) The earl of Huntington probably refided in Berwick.

4 O 2 prefent.

6 5 2 THE BORDER- HISTORY OF

Elizabeth, prefent. To effectuate the reftitution of goods which Morton had engaged
Qo^ngianj j^ould be made by the fubjects of Scotland, he fummoned all on this iide of
1575- the Forth, to attend him with twenty days provision of victuals, in an ex-
pedition to the borders-, but this fummons iurfked to awe the offenders to
make, of themfclves, the reftitution required.

On occalion of this disturbance, lord Hunidon had come down to attend his

government of Berwick, and was reiiding there while the conferences were

. held between Huntingdon and the Scotrilh regent. Perhaps the joint at-

wick Archive, tention of the two.Ehghlfi lords to the ftate of Berwick, at that time, may

and in the duke j iavc given rife to a new eftablilhment and order, relating; to the earrifon of

of Northumber- , D , . , . , . , i 1 ,- i

hnd's library at that town •, the regulations introduced by which, took place from the
Ainwkk-caftie. Michaelmas of the prefent year; and an account of them is fubjoined in a
note *.

* Their date is the 20th of June, in the year following, .at which, time they probably received
the royal fandtion.

By thefe regulations the number of the garrifon was diminifhed, and at the fame time, an aug-
mentation made in the pay cf feveral of its conllituent members, efpecially of the principal officers,
with a view perhaps to engage them to attend their polls better than they ufually did. The chief
pan of the garrifon was to confift of eight companies of mufqueteers, two of them containing one
hundred, and the remaining fix fifty men each. The jay of the private men eightpence a day, of
the captains of the larger companies four lhillings, and of the leffer two millings. There were
eighty horfemen under the command of eight conftablej. The horfemen had tour-pence a day
aoded to their former pay of 6 /. 1 3 s. \d. per ann. Four of the conftables had the fame addition
made to their former pay of 10 A per ann. and the remaining four to their yearly pay of 8 /. One
of the moll confiderable changes made by this new eftablilhment, was the augmentation of the
number of gunners for the great ordnance, which was increafed from twenty-eight to fi>tty. This
body had now appointed for officers, a mailer gunner, a mate, and four quarter-mailers. The
whole eilablifhment of the artillery-men coll annually about 860/. and it was under the direction
cf the mailer of the ordnance at Berwick, and in the northern parts. The following appointments
were made to the principal officers for themfelves and attendants.

To the lord governor for himfelf 133/. 6 s. id. one chaplain 13/. 6.r. 8 d. one fecretary-
13/ 6 s. id. forty houfehold fervants at 6 /. 1 3 j. 4 d. per ann. each, 266/. 13 s. $d. efpecial
money per ann. 40/. and a reward given by the queen's majefty, in confideration of his barony. In
all per ann. 666 /. 13 s. 4 d.

To the marlhal for himfelf 33 /. 6 s. 8 d. per aim.; one under-marfha! 16 /. twenty horfemen at
61. 13/. ifd. each, 133/. 6s. 8 d. ; two tipllaiFs at ic6 s. 8 d. each, 10/. 13 s. ^d.; and/or an
increafeof pay given by the queen's majefty 66/. 1 3 s. 4 d. In all per ann. zboi.

To the treafurer for himfelf 20 /. per ann. two clerks 13 /, 6 s. 8 d. each, per ann. 26 /. 13/. 4</.
twenty horfemen 61. 13*. \d. each, per ann. 133/. bs. 8 d. and for an incieale given by her
ir.ajelly 8;/. In all per ann. 260/.

To the gentleman porter for himfelf 20 /. per ann. ; fix horfemen at 6 /. 13* 4 d. each, per-
*nn. 40/. fourteen footmen at 106 s. id, each, per ann. 74 /. 1 3 j. 4 ^ ; and for an increafe given
by her majefty of co /. per ann. In all per ann. 1 84 /. 13/. 4 d.

To the chamberlain for himfelf 20 L. per ann. and twelve foldiers, i>/z. four at 6 /. 13*. 4 d,
each, per ann. 26/. 13J. 4-d. and eight at 61. per ann. each, 48/. In all per ann t 94 /. 13J. 4 </.

To the mailer of the ordnance of the northern parts for himfelf 5 s. a day, 91 I 5 s. one cleric
at \zd. a day, 18/ 5 s. ; two fervants at 6 d. a day, 18/. 51.} and two labourers at 6d. a- day,.
18/. 5 s. Total amount 146 /.

The governor of Berwick, at the time of this eftablilhment, was Herry lord of Hunfdon; the
officers who commanded the garrifon under him, and compofed the governor's council were, Sir
Robert Conflable knight, high marlhal, Robert Bowes efq; treafurer, John iielby efq; chief po ter,
Sir Francis Ruflel knight, chamberlain ; Thomas Sutlon efq; mailer of the ordnance.

ENGLAND AND SCOTLAND. 6.-3

No mention is made by the hiftorians of either kingdom, of any difturbanre „ J' n ." sVl ',

L L l j • 1 J r I\/T > r> K. of bio:

happening on the borders, during the remainder or Mortons regency. But — — *

the duration of this, fell far fhort of the king's attaining the age of eighteen, **75>
which was the period affigned it, when Morton received his charge. A
people fo habituated to licenfe as the Scots, couid not have been long content
with the befl: adminiftration ; but Morton being haughty, arbitrary, and in
many irrftartces rapacious, became univerfally unpopular, and alienated from
him his left friends. He thought himfelf fee tire in the protection of the
queen of England, and Hie indeed was ever at hand? to amir, him effectually
in maintaining his power over the parts of Scotland that lay next her king-
dom. But her aid was of much lei's avail againft the northern chieftains.
Two of the chief of thefe, Argyle and Athol, after having been at ftrife
between themielves, united againft Morcon as a common enemy ; though his Spotfwoo*.
only crime with regard to them, feems to have been his endeavouring to make '"
them obedient to the laws. Thefe two noblemen came to the king not yet
twelve years old, at Stirling, where his keepers Were Morton's enemies, and
were joined by fo great a number of the other nobles, who preferred the
government of a boy, to that of the hated and envied regent, that Morton
thought it better to refign his office, retiring quietly with his gains, and as
ample a dilcharge as he himfelf could frame, than to enter the lifts againlt
enemies fo fierce and numerous, and to whom he was able to oppole fo ("mall March A. '
a force of real friends. He had, not long before this revolution, appointed
his nephew the earl of Argus to be lieutenant for the king on the marches, P Cl " cod '
in order to keep peace more effectually there. But this commifiion was taken
from Angus, foon after his uncle ceafed to be regent. It was, not long after,
given to the lord Ruthven, who exercifed it with applaufe, in quelling diftuib-
ances on the weftern border.

Morton's enemies had been fo much accuftomed to ftand in awe of him, Spstrwoo.!.
and thought they had gamed fo great a point in diverting him of the fupreme Caderwo *
authority, that they ealily confented to his retiring, without compelling him
to give a {trier, account of his adminiftration. But the complaints of fome,
who pretended to be his friends, on account of his quitting the reins fo haftily,

By this eftablifhment there was an appointment to the mavor of the town of 10/. per ann, to
the cuftomer 10/, and to the comptroller of the cuftoms 5/. The matter of the ordnance had
under h's charge more than twenty artificers emp'oyed in works of different kinds, for the fervice
of the garrifon ; among thefe, was one bowyer or bow-maker,, one fletcher (flechtur) or maker
of arrows, and one matter wheeler.

The whole number of men of all kinds, provided with pay by thefe orders, was nine hundred
and eighty; and the fum total of their annual expence 12734/. lgs. 2 d.

Wi:h this eftablifhment for the garrifon of Berwick, was joined the appointments for the keeping
of the neighbouring march and forttefies in that quarter. From thefe we learn, that the filary of
lord Hunfdon, as warden of the ealt marches, was 400/ and that 20/. was paid to two deputy-
wardens, and 4/. to two land ferjeant . We farther learn, that the keeping of the rbrttefles in
the Holy and Fearn Jflands, was granted by patent for life to Sir William Read,, with the annua]
falary of 362 /. 17 s. 6d. and that in the caftie of Wark were paid four gunners, which ci
Annually 5- I. 15 s. \od. The keeping of Tinmouth ciftle, we are informed, was in the hands
of th6 earl of Northumberland for life, by letters patent, with the falary of 274 L 16 /. 8 d.
The whole amount of all the articles in this eftablifliment, is 13130 I, 4 s . 2 d,

8 and

&54

Elizabeth,
<J^ of Englanl.

1578.

July as-

Ajguft 14.
Sjjotfw. p. 287,

BpotftvooJ,

A. D. 1579.

Fpotfw. p. 308,
feci

THE BORDER-HISTORY OF

and his own inveterate habits of ambition, foon brought him forth from his
retreat-, and he had the addrefs, without recovering the dignity and authority
of the regent, to obtain the firft place in the council of the young monarch,
and to become mafter of his perfon in the cafile of Stirling. A parliament
was held in this place*, which confirmed the king's acceptation of the govern-
ment, and at the fame time gave Morton a difcharge for his adminiftration.
The earls of Argyle, Athol, Montrofe, and others, refufed to attend this
parliament; protefting, that it could not be free, while the place in which it
met, was in the power ef Morton. They alfo charged him with depriving
the king of his liberty -, and ifilied proclamations in their lbvereign's name,
requiring all his fubjecls to afiemble in arms for effecting his deliverance.
Confiderable numbers having joined them, and particularly many of the
inhabitants of Edinburgh, whom Morton had offended by certain feverities,
they fet out from the laft mentioned city towards Stirling, and were met
at Falkirk by a body of forces commanded by the earl of Angus, as- lieu-
tenant for the king; and a battle would have enfued, had not Sir Robert
Bowes, the Englifh ambaffador, going between the armies, brought the con-
tending nobles to a reconciliation. By the firft article of the convention
between them, it was agreed, that all the forces on both fides fhould be
difmiffed, excepting a few horfe, who fhould be retained on the king's charges,
and employed for quieting the borders.

Soon after, the oppofite faftions of the nobles were brought to a conference
at Stirling, and with much difficulty prevailed with to profefs a thorough
reconciliation. Morton employed the afcendant he ftill pofTeffed in the council,
to deftroy his ancient rivals and enemies the Hamiltons ; who were forfeited,
for the fhare they had in the deaths of the regents Murray and Lennox. But
this was the laft confiderable exertion of his power-, a rival unexpectedly ap-
pearing, who quickly gained a dominion over the king's heart that produced
Morton's deftru&ion. This favourite was Efme Steward lord D'Aubigny,
coufin german to the king's father. He was born and educated in France,
and coming over to Scotland, on pretence of vifiting the king, did foon
captivate his affections, by his agreeable perfon and pleafing manners.
D'Aubigny's grand uncle the bifhop of Caithnefs, was at this time poffefTed
of the earldom of Lennox. To enable the king to gratify his favourite, by
conferring upon him a dignity to which he was fo nearly allied, at the king's
defire the bifhop refigned his earldom, and was created earl of March, a title
which had been long dormant, and was on this occafion revived. The perfon

* Godfcroft fays, that lord Home was reftored from his forfeiture in this parliament; but there
is no mention of this reftitution either in the printed adts, or in the titles of the unprinted. This
reftitution the fame author afaibes to the intereft and procurement of Sir George Home of Wed-
derburn, who obtained Morton's confent to it. Wedderburn was nearly related to the family of
Angus, and Morton as a friend advifed him againft profecuting this reftitution of his chief; to
whole houfe, if taken out of the way, that of Wedderburn was the next in fucceflion. But
Wedderburn rejected the fuggeftion, declaring, " that whatever were the carriage of the houfe of
" Home to him, he would do his duty to them, and if his chief fhould turn him out of the fore
'.' door, he would come in again at the back door." The wardenry of the eail-march, was, at
;his parliament, tajtcn from Coldenkrows and given to Wedderburn.

ENGLAND AND SCOTLAND.

655

next in the king's favour, was captain James Stewart, a fon of lord Ochiltry, Jfcmwvr.
who afterwards received the title of earl of Arran. A great cry foon arofe K - ofScotand '
among the clergy and people againfl: Lennox, as being a papift lent over by 157}.,
the court of France, to corrupt the principles of the young king, and fubverc
the reformed religion ; and thefe clamours were not filenced, by Lennox
profefling himfclf, in the mod iblemn manner, a convert to the proteilant
faith. The other favourite, Stewart, had made himfelf very unpopular by his
profligacy and contempt of religion. Morton and his party did what they
could, to promote the fufpicions and odium conceived againfl: two fuch
dangerous rivals. While they, on the other hand, fpread reports that Morton?
was plotting to put the king into the hands of the Englifh queen. Thefe
reports gave occafion to the eflablifhment of a band of noblemen's fons, for
the defence of the king's perfon, and to the promotion of Lennox to the
dignity of high-chamberlain, to whole office the command of thefe new
attendants of the king belonged. The Englifh court grew fo jealous of the
exorbitant power of this favourite; that Mr. Robert Bowes, treafurer of
Berwick, was fent ambaflador, to warn the king and his council of the dan-
gerous confequences to be apprehended from it. Bowes, on being admitted Camden
into the council, requefted that Lennox might for a while be removed out of
it, which was abiblutely refufed. The council, on the other hand, required
him to produce his inftrudtions for making fo unufual a requeft ; but this the
ambaflador would not do, unlefs to the king, and one or two bdides *. On
advertifing his court of the behaviour of the Scottifh couniellors, Bowes was
immediately recalled, and bade the king an unexpected farewel, complaining
of the fmall regard that was paid to the friendly warnings of his miftrefs.
The Scottifh council alarmed with Bowes's fudden departure, fent Alexander
Home of North Berwick, to the Englifh queen, to excufe their treatment of
her ambaflador •, and to receive from her that friendly intelligence and advice
which Bowes had profefTed to bring -f. The queen would not admit Home to
her prefence, but remitted him to her treafurer Burleigh, who declared to
him very plainly, the fufpicions the queen entertained of Lennox, and the
dangers arifing from the power of this favourite to the king's perfon, the
proteftant religion, and the peace between the kingdoms.

Thefe proceedings of the court of England being all afcribed to the fecret
advice and influence of Morton, a refolution was formed to deftroy him. For d^/ji?'
this purpofe captain James Stewart accufed him, in prefence of the kino-'s Spotf*o-a.
council, of being an accomplice in the murder of the king's father. Morton,

* Moyfes relates this tranfsftion as follows: That Bowes on the 2d of September, comin"- from
the queen of England, after audience of the king, prefented to his highnefs and council, a general
letter clufed, bearing his credentials; but he refuted to open up his commifllon to his majeily, or
to his council, either by word or w,it, until Efme earl of Lennox was removed out of council j
which defire his majefly and council not finding reafonable, they would in no wife confent to the
removing of the faid earl ; but a like general anfwer was wrote thereto, which accordingly uas fent
by the fame ambaflador to the queen, and fo he remained until her majefty fhould give an anfwer
and new directions.

f According to Moyfes, part of Alexander Home's commiflion was to defire the queen's aid,
for the fuppreilion of the diforderly perfons on the border. Moyfes, p. 46.

upon

6 , 6 THE BORDER- HISTORY OF

Ei;zab«ih, upon this charge, was committed a prifoner, firft to the caftle of Edinburgh,
q^oi Engiand. ^ ^^ after, far greater fecurity, was conveyed to the caftle of Dunbarton *,
a,d.ij!i, of which Lennox had been appointed governor.. The queen of England
J""- l8, made considerable efforts to fave her old and ufeful friend. She difpatched
Randolph, who had ferved her fo often in Scotland, to intercede for Morton,
Feb. 2-. and to remonftrate againft the councils and meafures of Lennox. Such re-
Stryoe, vol. ii. monftrances he delivered with great boldnefs, before a convention of the
Monies, p. 4 s. nobility and eftates ; where, among other proofs of the tendency of Lennox's
ineafures to break the peace between the kingdoms, he took particular notice
of the neglecT: of adminiftaring juftice on the borders f. The representations,
and even menaces of Randolph, meeting with no regard from the ftates of
council, he tried to engage a party of the nobles, to endeavour by open furce
to refcue Morton, and to take the king out of the hands of his favourites.
To encourage and aid this enterprile, a confiderable body of Englifh forces
were fent to Berwick and the borders J. But Lennox and Arran, whole
inexperience perhaps made them the lei's apprehenfive of danger §, boldly iffued
royal proclamations, commanding all the Scottifh fubjecls to be in readintfs to
oppofe the threatened invafion ; and alfo levied a body of mercenaries, for
defence of the king's perfon againft any ludden affault. They likewife difco-
vered and broke a combination of nobles, that had been formed by Randolph's
RaaJriph'sLet- management. This bold and bufy minifter had excited fo vehement a refent-
«er in strvpe, ment j n the reigning party againft him, that his public character was no
v P . 13 . j on g er alj j e tQ p rotec t hjn-,. After being openly infulted in libels, and having
had a oun fired into his chamber-window, he made a hafty retreat to Berwick.
The earls of Mar and Angus, the only two of the Scottifh nobles who con-
tinued to act in concert with Randolph for Morton's relief, accompanied, or
foon followed him, in his flight. Sir John Seaton, mafter of the horfe to the
Scottifh kins, was difpatched to the court of England, to complain of Ran-
dolph's conduct, and the marching of forces to the borders in time of peace,
But having come to Berwick he was npt fuffered to proceed farther; and after
flaying lone days in that [.lace returned. Morton's cauie, however, being
now given up as delperate, the Englifh forces were recalled from the bor-
ders [|. Their appearance there had given occafion to Morton's enemies to

* He was guarded by the earl of G'encairn, the lord Seaton, the lord Robert Stewart feuar of
Orkney, (a natural fori of James V.) and their houfehold ; alfo by the tutor of Callils, the lairds
of BarVeny, Lochinvar, Coldenknaws, and Alexander Home of Manderfton, and two hundred
hackbuts fyrnifhed by the town of Edinburgh. Mo.'e-, p. 47.

f At this convention the lieutenancy of the bordeis was conferred on the earl of Montrofe, who
had a guard of mercenaries appointed 10 attend him in the execution cf that office, of two hundred
foot and five hundred horfe; for the payment of which, a tax of 40,000!. Scottifh currency was
impofed on the kingdom. Moyf. Mem. p. co. He alfo defired feveral other charges to be borne
to him, together with the affiftanee of the noblemen and barons dwelling within the bounds of his
lieutenancy. lb.

£ Melvill calls them feventeen companies. P. 254.

§ Melvill fay?, that thefe t-wo young ccunjellors knew of no perils. P. 254.

|l Carte fays, bat without quoting his authority, ihut an Englifh army, under the eail of Hunting-
ton and lord Hunfdon, lay ready on the frontiers to enter Scotland; but thefe generals, upon the
preparations in Scotland, thought fit to flop at Berwick, and difperfe their forces in Northumber-
land, Carte, vol. iii. p. 563.

collecT:

ENGLAND AND SCOTLAND. 6 57

collect a more numerous band of mercenaries, than they could otherwife have _ jamf.vi.
had any pretence for railing J. Thefe mercenaries they now employed to ■ '
guard Morton from Dunbarton to Edinburgh ; where, by an affize of his peers, ' i 5 8,.
he was found guilty of the treafon laid to his charge ; and on the day after his j un e z.
condemnation, was beheaded at the rrofs of Edinburgh.

The apprehenfion and imprifonment of Morton, probably gave occafion Pari. Hift. P . ,
to a bill in the Englifh parliament, that met foon after, for fortifying the bor- * 3 m iic j 11 *
ders towards Scotland *. 1 he affairs of Scotland were always interesting to
the Englifh court; but Elizabeth was at this time taken up with other greac
objects. The king of Spain had grown more formidable than ever, by the
caiy conqueft he had made of Portugal in the preceding year. His forces in
the Low Countries were now commanded bv the duke of Parma, the greateft
general of the age. It theiefore became neceffary for Elizabeth to give effec-
tual iupport to the dates of the Low Countries, who were combined againfc
the Spanilh tyranny, and with whom fhe had entered into a league three
years before. 'bout this time alio the duke of Anjou, who had been heir to
the crown of France, fince the acceflion of his brother to that crown in 1574,
renewed his often interrupted courtfhip-, with the concurrence of his brother,
and th~ greateft appearance of a favourable difpofition on the part of Elizabeth.
But whatever part the queen's coquetry or pafilon had in this affair, it feems
evident, that the principal view of herfelf and wife counfellors, was the culti-
vation of an ufeful friendlhip with Erance, and the obtaining of an effectual
aid from that kingdom to fupport the estates of the Low Countries. Thefe
provinces had conferred the lovereignty of their country, and the chief com-
mand of their forces, upon the queen's lover-, but the court of France,
difappointed in their profpcdl of bringing the States to a dependence on them-
felves, cealed to give Anjou the affiftance he flood in need of. This failure
concurring with his own indifcretion and ambition, foon obliged him to make
a difgraceful retrear from Flanders •, and the diftrefs arifing from his disappoint-
ments, was believed to have fhortcned his days.

It is probable, that the good understanding between the courts of France
and England, during the negociation of this marriage, which had for many
months the appearance of being ferious on both fides, made the court of
England the lefs folicitous about the attendant maintained by Lennox and
Arran in the government of Scotland •, which, after the death of Morton, wis
very abfolute. Lennox was advanced to the dignity of a duke, and Arran
confirmed in his earldom, with the precedency annexed to that dignity, while

J Moyfesfays, there were nine hundred waged men, on foot and liorfe, under the command of
captains. Moyf. p. 50.

* \ bill for this effeff. was fir ft pafl'ed by the lords, and fent down to the commons. Rnt the
latter pte'erring a draught of their o.vn, which they fent up to the lord 8 , and returning wi-Ji jr. the
b'll that had come to them from th:u houfe, the lords difapproved of this onducl of thj commons
and ordeied their diflaisfadton with it to be recorded in their books. How this difcord was
removed doth n>t appear ; but the bill of the commons, after receiving fome amending is from the
lords, pafled this houfe, Ma'ch 15, the commons having approved of the amendments. Pari.
Hilt. p. 235. D Ewe's Journal, p. 305. 273.

4 P it

6 5 3

Elizsteih,
Q^ot England.

A. D. i$Si.
Auguft 13,

Spotfwcod.

Csdf. r, $tj.

A. D. 1583.
Camden.

Spotfwood«
Murd. p, 37Z.

THE BORDER- HIS TORY OF

it was in the houfc of Hamilton. Em the extreme ambition and avarice of
thefe favourites, and their arbitrary mealures in matters both of church 3nd
ftate, ibon wrought their fall. A combination of the offended nobles detained
the king at Riuhven, as he was on his return from hunting in the Highlands.
His favourites, fecure of their power, by neglefting to accompany him,
fiiffered him to fall into the hands of their enemies. Arran had the boldnefs, on
learning what had happened, to go to the caftle where the king was confined •,
but inftead of being admitted to his mailer's prefence, was himfclf committed
to cuflody. Lennox, though of a much better character than Arran, yec
could not be borne ; on account of the fufpicion of his religion, and his
connexions with foreign catholics and the friends of the exiled queen. The
king, though greatly reluctant, was obliged to ifllie ftridt orders for his leaving
Scotland, and returning to France. After feveral d-lays and vain efforts to
fee his mafter, he fet out, in the middle of winter, from Dunbarton to Ber-
wick ; from whence he pafled through England, in his way to France. In
the fummer following he died at Pari 1 ;, profeffing himfelf a protectant ; of
which the Scottifh king was very careful to inform his fubjedts.

The king was not only thus feparated from his favourites, but was obliged
to declare his approbation of the meafures taken by their enemies to effecl this-
ieparation. Thefe mealures a'fo received the fantftion of an afiembly of the
church, and of a convention of eftates. Queen Elizabeth, foon after fhe was
apprifed of the revolution in the Scottifh court, fent Sir Henry Cary, a fon of
lord Hunfdon, and Mr. Robert Bowes, to reconcile the king's mind to it.
Thefe ambafTadors did likewife intercede for the reftoration of the earl of
Angus ; who had been an exile in England fince the death of the earl of Mor-
ton. Angus, informed of the intended enterprife to feize the king, had come
to Berwick to wait the event. On hearing that this was according to his wifh,
he came into the Mers, and lodged for fome time at a gentleman's houfe, adja-
cent to his eftate in that county. And the Fnglifh ambafTadors having eafily
prevailed with the king to pardon him, he foon after repaired to court, and
was gracioufly received.

In the beginning of the following year, two ambafTadors arrived in Scotland
from France, and two alfo from England f . The two former were commif-
fioned to endeavour to free the king from the reftraint he was under, to
propofe the affociation of his mother with him in the government, and to
(ignify her confent to this afTociation. The bufinefs of the Englifh ambaf-
fadors was chiefly to obferve and thwart the meafures of the French. The
duke of Lennox had been a great promoter of the defign of reftoiing Mary to
liberty, and afibciating her in the government with her ion •, and the queen of
England pretended, for fome time, to liiten to propofals of this nature. But
from the time the reins of government were taken out of Lennox's hands,

■J- The French ambafTadors were, La Motte and Maininguille. The former parted through
England, and was accompanied by Davifon, one of queen Elizabeth's ambafTadors ; the otlu-r
Englifh ambafladcr was Bowes, probably the ambaflador refident at the couitof Scotland. Main,
inguille came by fea.

there

ENGLAND AND SCOTLAND.

there had been no more mention of the queen's refloration ; and when the
propofal was now renewed, flich loud clamours were made againfl: it by the
clergy, and fuch an abhorrence, at the fame time, excited in the populace
againfl: the French ambaffadors, that after a fliort flay they were glad to
retire.

The reigning nobles foon grew fecure, and quarrelled, as ufual, among
themfelves ; while the king (till retained his indignation at the violence put
upon him at Ruthven, and the reflraint in which he was afterwards held.
He had the addrefs, however, to conceal his difcontent, and feizing an oppor-
tunity that prefented itfelf at St. Andrew's, he regained his liberty. Soon
after, Arran was reftored to his former truft and power. Declarations were
emitted, teftifying the king's difpleafure with all concerned in the late violent
ieizure and detention of his perfon ; but at the fame time promifing mercy
to thole who fhould become fuppliants for it, within a limited time. This revo-
lution at the court of Scotland, was foon followed by an embaffy from the
queen of England, of her lecretary Sir Francis Walfingham ; who was com-
miffioned to complain of the king's calling off his bed friends, and of his
violating the afliirance he had given the queen of his purpofe to favour and
employ them. The king is faid to have anfwered Walfingham with fo much
ipirit and judgment, as gave that able ftatefman very favourable impreffions
of his capacity. Walfingham would not treat with Arran J or any other of
the minifters; but during the few days he was at the Scottifh court, converted
on affairs with the king alone*; and it is probable, that a principal part of
his errand, was to difcover what he could of the young monarch's inclinations
and abilities.

The ejecled lords, unwilling to difclaim their former meafures, abhorring
the dominion of Arran, and confiding in their own ftrength, and the favour of
the clergy and people, delayed to fue for the pardon offered them, until the
period fixed for granting it expired. In confequence of this obftinacy, they
were all by proclamation ordered to depart the kingdom before a certain day.
The earl of Gowry having ftaid long beyond the time prefixed, was appre-
hended at Dundee. What had detained him was, his entering into a concert
with the earls of Mar, Angus, and others, for feizing the caftle of Stirling;
and his being apprehended before this was effectuated, was a great difcourao-e-
ment to his friends. The caftle however was feized by the abovementioned
lords ; but their force was fo fmall, and fo much vigour and expedition were
ufed againfl: them by Arran, and the captain of the king's guard, that the
lords were obliged to abandon the caftle, and feek dieir fafety by Hying into
England. They took their route through Tweeddale and the ciftern part
of Tiviotdale; and as they paffed by Kelfo, in their way to Berwick, had an

6 5$

James VI.
K. of Scotland.
I „.. >

June iSf

September*

A, D. i5?4,

April 18,

interview with Francis earl of Bothwell, a

grandfon

of James V. who was

J Arran, in defpight at Wa'fingham for this contempt, forbade the captains at Berwick, and
fome other perfons of good rank in his fuite, to be allowed entrance into the king's chamber.
Melvill, p. 296.

* So lays Melvill ; but Camden afTerts, that Walfingham had money with him, to dillribute
among the .Scotlim courtiers.

4P2

commendator

£6 3 THE BORDER-H1STORY OF

Fis^e'h. commendafor of Kelfo abbey. He came forth to them fecretly in the night ;

o^of England.^ & ^ .^ ^ ener t0 concea [ his correfpondence with them, a purfuit was pre*

15*54' tended, and continued for a mile; the loids flying before Bothwell, till they

Godf. p-385. arr " ivec i on Englifh ground.

Camd, p. 3-4, Thefe lords, with the other refugees from Scotland of the fame faction,
S7i- , having arrived at Berwick, became fuppliarits to the Englifh queen for her
39V" 3 protection, and for her intercellion on their behalf with their mailer; pleading,

that their attachment to her, and the interetls of her kingdom, was the prin-'.
cipal cau'fe of their fufferings. On the other hand, the Scottifn king charged
them with the higheft crimes ; and demanded that, agreeably to the treaties
between the kingdoms, they mould be delivered up. But they had friends
at the Englifh court, who put the molt favourable conflruction on their
conduct; and pretended, that the article in leagues, obliging princes to this
reflitution of rebels, had for a long time grown into riiiuie. Secretary Wal-
fihgh.tm, who greatly favoured the Scottifh refugees, lent orders to lord
Hunfdon, to allow th m a retreat in Holy-!fland : but Hunfdon, who main-
tained a friendly correfpondence with the king of Scotland and his minifters,.
refilled to obey Walfingham's orders + ; alleging, it was unfit to lay open a
place of flrength to Scotfmen, who might become enemies ; and that fuch,
a ftep could not be fufficiently authorifed by orders from a fecretary of ftate,
but required an exprefs mandate of the fovereign J. This occafioned a
difpute in the Englifh council, concerning the extent of a fecretary's powers.
Mean while it was refolved to give entertainment to the Scottifh lords ; who,
after flaying a fhort time at Berwick, were removed to Newcaftle. In their
way they vifited the lords John and Claud Hamilton, who refided at Wid-
drington. Their common fufferings determined tliem to pafs from the
refentment of former offences, and to combine their counfels and endeavours
for effecting the refloration of them all.

The difappointment and flight of thofe who had feized the caftle of Stirling^
p,jiy 4; was foon followed by the condemnation and execution of Gowry. Thefe
great advantages gained over his enemies, raifed the power of Arran to an
higher pitch than it had ever before attained. All his mealures received the
fanction of a parliament that was foon after called, in which the fugitive lords
were profcribed ; and acts were paffed for limiting the power of the church,
and for punifhing the invectives publickly uttered by the minifters againfl the
proceedings of the king and his favourites. But though Arran did thus
triumph at home, and obtained from his indulgent mafler whatever his ambi-
tion could prompt him to afk*; yet he found it very requifite for his quiec
and fecurity to court the favour of the Englifh queen. Nor did Elizabeth
refufe to enter into a correfpondence with him ; this being the only way that

•f- Lord BunMon's being at Berwick at this time does not agree with the date of a letter from
him, talanfrom the Marl, ian M'.SS. in the Uiitifh Mufeum, and annexed to the memoirs of his
fon Sir Robert Carey, publifhed by the earl of Orrery.

X Quid determ'niatum, faith Camden, non comperi, certe ilk non in infulam admijji.

* Ke was made chancellor, governor of the cailles of Edinburgh and Stirling, provoft of Edin-
borglij and at length, lord-lieutenant of the kingdom. Spotfwood, p. 337.

7 was

ENGLAND AND SCOTLAND. C6i

was left for preferving peace and friendship with his matter. At the requett , J"" 1 ''" VI
of Arran, fhe appointed lord Hunfdon to hold a conference wkh him ac _ ^

Fowlden •, in which Arran complained loudly of the exiled lords, and accuSed >5 Sl -

them of the molt dangerous deSigns againft the king. At the lame time he Ca ' A U g ^ '
declared his own friendship for the EngliSh queen, and gave the ftrongeft
aSTurances, that nothing fhould be undertaken to her prejudice, while the
management of Scottifh affairs remained in his hands f. Notwithstanding
thele alSurances, an hoftile irruption was made, about a month after, by the
Scottifh borderers, into Redefdale £ ; which the Englifli loon after revenged,
by ravaging Liddifdale with fire and fword.

Thele dilturbances did not put an end to a friendly correfpondence between cam^.p. jSfl
the courts. For carrying on this, the matter of Gray, a new fa -ourite of the
king of Scotland, was lent ambaflador from that king to the queen of Eng-
land in October. He was commiffioned to negociate proper methods for
restraining diforders on the marches; and alfo to folicit either the restitution
of the Scottifh fugitives, according to treaty •, or that, in order to prevent
their continual plottings wirh their friends at home, they Should be removed
to a greater distance from the borders. The Englilh queen readily confented
to what was requifue for ettablifhmg quiet on the frontiers-, but inftead of
reftoring the fugitives, She alleged, that they were the king's moft faithful
friends, and exhorted him to admic them to his favour and a Share in his coun-
cils, as the bett way of eftablilhing his own authority and the public peace of
his kingdom. She ordered them, however, to retire from the neighbourhood
of the borders, and to come to Norwich *. This was a commodious Situation
for concerting meafures for effecting their return, both with the Englilh
minitters and with the Scottish ambaSTador at the Englilh court. For the SpottVeoa,
rnaSter of Gray, and his fuccelTor Sir Lewis Ballenden, had, in concert with
others of the bcottifh courtiers, entered into a defign of expelling Arran, and
restoring the exiled lords 7.

The

•}- According to Melvill, Arran engaged to Hunfdon, to keep his matter unmarried for three
years; at the end of which, it was propofed, that he mould take to wife a certain pnncefs of the
blood of England, who would be then of an age fit for marriage ; upon which queen Elizabeth,
was to declare him heir to her kingdom. Melvrll, p. 315.

J Camden afcribes this irruption to the fecret practices of the Spaniard, in order to hinder
Elizabeth from aiding the ilates of Holland.

* They went from Newcaflle towards the fouth, according to Calderwood, about the middle of
February ; " partly by reafon of queen Elizabeth's direction, procured by the matter of Gray, late
" ambaflador; partly becaufe they perceived, that, by lying near the border, they endangered their
.** friends." (Cald. p. 185.) That they removed at th ; s time is alfo evident, from an original letter
of James (in tne Roxburgh Archives) to Sir Lewis Ballenden jufiice clerk, dated io'h- February
1584.-5- From this letter it appears, that Sir Lewis had let out for England a little before its
date; and in the end of ir, the king mentions his having heard that accompany, of his rebels bad
eerie to Beriuick, the principals being paffed up the country ; exprelling his hope, that tne queen would
take filch order with them as the treaties between the nations required.

f The chief commifiion of Ballenden was to accufe the banifhed lords of betDg accomplices in a
confpiracy againft the king's life; for which John Cunningham of Drumwhaiel, and Malcolm
Douglas of Mains, had been executed at Edinburgh on the 10th of the preceding Februarv. The
queen of England appointed delegates to hear this charge, and the defecce of the lords, which was

raads .

662 THE BORDER- HISTORY OF

Ei'izifccth, The holy league, fo celebrated in the hiftory of thofe times, formed for

O^ofEngUnd. t | ie ma i ntenance f tne hierarchy and tenets of the church of Rome, and the
i 5 8*. extirpation of thofe condemned by that church as heretics, which had its
beginning in France about feven years before, received as it were a new life,
and began to produce its moft confpicuous effects, after the death of the duke
of Anjou i which happened in the fame year with the events laft related.
June io, Upon the death of Anjou, the king of Navarre, a protectant, became heir
apparent to the crown of France ; the profpect of which fucceffion was fo
alarming to the catholics, that the leaguers of that religion, headed in France
by the duke of Guife, and combined with the Pope and king of Spain, did
engage in plots and enterpriles, which, however repugnant to humanity,
truth, andjuftice, were believed, by the bigots of that fide, to be throughly
fanctified by the caufe they were defigned to ferve. A fhocking effect of this
furious zeal was exhibited about this time, in the affaflination of William
prince of Orange, by Balthazar Gerard. The unhappy queen of Scots, irritated
to an extreme degree by her continued fufferings and difappointments, and
nearly connected in blood with the houfe of Guile, naturally entered into the
ambitious views of that houfe; and hoped not only to regain her liberty, but
to afcend the throne of her hated rival, by the powerful united efforts of
foreign and domeftic catholics. But as her firm attachment to the Romifh
fuperflition, joined to her claim to the Englifh throne, made all papifts moft
earneit to promote her interefts ; the fame caufes had an equally violent, but a
Camd. p. 3S4. quite contrary operation on proteftants. The latter did all regard Elizabeth
as the chief bulwark of their religion ; and at this critical period, a plot being
difcovered for an invafion of England, under the duke of Guile, an affociation
for defence of the queen's perfon and authority was propofed by Leiceiter, and
with great zeal entered into by multitudes of all ranks throughout the king-
dom *. In this affociation, they bound themfelves by folemn promifes and

fubicrip-

made by the matter of Glammis. Their judges acquitted them. Mean time Ballenden made ufe
of the opportunity to enter into concert with the lords, for effecting their return. (Spotifwood.
Godfcroft.) From an original letter of James, in the archives mentioned in the preceding note,
written with his own hand to Ballenden, and dated April 13, 1585, it would feem, that he himfelf
was privy to this concert. After exprefling his approbation of Ballenden's fervices, without ex-
plaining what thev were, he exhorts him, " to continue as he had begun, fincc he ivas met there ivith
" alt nuilling as he could ivijh, bath ane and ma." Who can be meant by thefe, but the lords who
were in exile ?

* The Englilh parliament meeting in November, gave their function to the affociation ; and by a
remarkable aft, which did afterwards prove fatal to Mary, made provifion for Elizabeth's fafety and
the peace of the kingdom. For thefe ends it was enafted, that if any invafion or rebellion fhuuld be
made in any of Elizabeth's dominions, or any aft attempted to the hurt of her perfon, by or for
any perfon, pretending a title to the crown after her deceafe, (he might give confent to twenty-
four perfons, either of her privy-council or lords of parliament, with fome judges, to examine into
and pafs fentence upon fuch offences ; and af;er judgment given, it was to be pubhclcly proclaimed,
that the perfons found guilty lhould be excluded all claim to the crown ; and that all the queen's
fubjefts might lawfully purfue fuch perfans to death, with all their aiders and abettors. But if the
queen's life was taken away, every fuch perfon, by or for whom any fuch aft was executed, and
their iffues, being any way aiienting or privy to the fame, were for ever difabled to claim the crown,
and were in like manner to be purfucd to death.

The

ENGLAND AND SCOTLAND. 663

fubfcriptions, to profecute to death all who mould attempt anything againlr t J»r« vi.
Elizabeth. Soon after, Mary was taken out of' the cuftody of* the earl of V ° '**'' '", %
Shrewfbury, and was committed to a more clofe and rigorous imprifonment, 1,84.
under the charge of Sir Amias Pawled: and Sir Drue Drury, two dependents
of Leicefter.

Thefe feverities againft Mary, made it the more neceffary to court the
friendfhip of her fon. The Englilh minifters had difcovered a fecret cone-
fpondence, carried on of late between that prince and his mother, in which
ihe had expieffed her willingneis, that he fliould be ai'fociated with her in the
government. But however James's filial duty might have reconciled him to
that fcheme, his minifters were, for obvious reafons, equally averfe to it, as
tbofe of Elizabeth. They were alio very ready to accept of linglifh money ;
which it was now thought prudent to d fpenie among them with a more liberal
hand than formerly. This had likewife an irreiiftible charm with the young strype/voi. iii.
monarch-, the patrimony of whole crown was almoft annihilated by the rapa- p # 3°4» s°s>
city and mifmanagement of thofe who had adminiltered public affairs, during
his own minority, and that of his predeceffors. The way being paved by fuch a. d. 1585,
efficacious preparatives, Sir Edward Wotton, a man of addrefs and experience, Mjy-
and, at the fame time, a proper companion for the king in his hunting, and
other amufements, was lent to Scotland to negociate a new treaty of Jirifler
friendfhip between the crowns *. The profeffed object of this new alliance, was
to oppofe the league of the catholic powers againtt the proteftants ; and, with
the fame view, Elizabeth did, at this time, enter into leagues with the
protectant princes and ftates on the continent.

Although the Englifh court had entered into a concert with the Scottifh
exiles, and the fecret rivals and enemies of Arran at home, to work the down-
fal of that hated and dangerous favourite ; yet, until circumftances became
ripe for a change, they were careful to maintain the appearance of friendfhip
with him. Qn the other hand, Arran was equally infincere in his profeflions of
regard to England ; and in his heart was much averfe to the conclufion of the
league that Wotton propofed. With a view to mar the progrefs of this treaty,
it was believed, that Arran, and his intimate friend, Thomas Ker of Earni-

The fame parliament made fome very rigorous laws againft Papifts. The dread of thefe laws
made Philip earl of Arundel, who had fome time belore embraced that religion, attempt to fly from
the kingdom ; but he was apprehended, and committed to the Tower. Henry Percy, earl of Nor-
thumberland, was alfo confined there, on account of a correfpondence he was difcovered to have
held with the lord Paget and his brother; both of whom were very obnoxious, and had, on the
difcovery of Throgmoi ton's confpiracy, fled from the kingdom. Northumberland, impatient of
his imfrifonment, and, as he is faid to have declared, in order to balk Elizabeth of the forfeiture
of his eilate, fhot himfelf in the To.ver on the 2 ill of June 1585. Camden.

• The penfion that Wotton was inltrutted to offer the king, was 4000 /. per ann. ; but before
he made this offer, he informed the mailer of Gray of it ; who told him, that the king would not
be content, as his highnefs had been informed, that the fum intended to be given was 5000 /. per ann.
Strype, vol. iii. p. 302. Camden fays, that the queen offered, by Wotton, to the king, as herfon y
the fame annuity that had been afligned to herlelf by her father. Camd. p. 401. Spotfwood
reprefents this penfiop, as an equivalent for rents of the lands in England, which had been
pofleffed by the king's grandmother, the countefs of Lennox, and which James had often demanded,
by his ambafTadors, as due to him.

4. herft,

■664. THE BORDER- HISTORY OF

Elizabeth, herd, devifed an outrage, which the Scots committed at a border meeting or*
j^' *._ , . ' the middle-matches-, the circumftances of which are particularly related by
«5»5- the accurate annalift of Elizabeth's reign. This convention being appointed
June zj. £ 0| . t ^ e ort -)j nar y bufinefs of fuch afTemblies, the wardens, Sir John Forfter and
the above mentioned Ker, did, according to cuftom, confirm by their oaths a
mutual fecurity ; and the ufual proclamation was made, forbidding all perlbns
to give offence to each other, by word, deed, cr lock (for this was the borderers
phrafe on thefe occalions). After which peaceable beginning, a body of about
three ihoufand armed Scotchmen, unexpectedly came to the place, drawn up
in battle-anay, with a banner difplayed and drums beating, while the number
«f Englifhmen on the field did not exceed three hundred. The wardens
however proceeded to hear complaints, but had not well begun, when, on
occafion of an Englifhman being detected in a theft, a tumult arofe, and the
Scots, immediately letting fly a fhower of bullets, flew Sir Francis Ruffe!,
eldeM fon to the earl of Bedford, put the Englilh to flight, and purfuing them
four miles into Fnglifh ground, took fome of them prifoners. Although it
was not manifeftly proved, who was the author of this daughter, the Englifh
•did not hefitate to impute it to Arran and Farniherft. Elizabeth infifted, that
the murderers fhould be delivered up to her, agreeably to the precedents of
Henry VII. of England, who delivered to James IV. William Heron, and
feven Englifhmen, for the (laughter of Robert Ker of Cefsford, committed on
a march-day •, and of the late regent Morton, who fent Carmichael into Eng-
land for the flaughter of Sir George Heron. The king, protefting his own
innocence, promifed immediately to fend into England Farniherft and Arran
alfo; if, by clear and lawful proofs, they fhould be convicted of having inten-
tionally violated the aflurance, or committed murder. Fenwick, an Englifh-
man, accufed Farniherft to his face of the crime; but Fftrniherft by a politive
denial overthrew the charge, as the other could not adduce any Scotchman for
a witnefs. For in thefe trials of the borderers, by a peculiar law of their
own, none but a Scotchman was admitted for a witnefs againft a Scotchman,
nor any but an Fnglifhman againft an Englifhman. Yet to gratify in fome
degree the queen of England, Arran was ordered to leave the court, and
confined firft in St. Andrew's, and afterwards in his own houfe at Kinneil, as
Farniherft was in Aberdeen, where he died. Farniherft had been one of the
braveft and moft fteady friends of the queen, and had fuffered much in her
caufe.

However much the treaty with England was contrary to the inclination of
Arran and the fecrct friends of the >;cottifh queen, the king appeared to be
very hearty in embracing it -, and in order to allay Elizabeth's reientment,
A nan found it prudent to concur in promoting it. A convention of eftates
was held at St. Andrew's, the place of Arran's confinement, about a month
? jVu P j. 339 ' after the dilorder on the marches; at the opening of which, the king zealoufly
recommended the propofed treaty with England, and Arran with his friends
joined in a decree approving it. This ad expreffed the fenfe the convention
entertained of the neceffity of a league amongft thofe who profeffed the true
religion, in order to oppofe the confederacy of its enemies, and in particular,

that

ENGLAND AND SCOTLAND. 65 5

that " the two crowns of Scotland and England, which nature, blood, J»m«vi.
«' habitation, and the profeffion of one religion, had joined, fhould be in- K ' "' Scotlan< ''
" feparably united, by a more firm and itrait league than had been betwixt 1585,
" any princes, their progenitors-," for which purpole they confented that the
king fhould negociate fuch a league, and appoint commifiioners for that end ;
and what fhould be concluded by them, the Itates engaged to ratify in the next
parliament; provided that this new league did not infringe any former alliances
with the ancient friends of the kingdom ; but this limitation they declared
they meant not to extend to matters of religion ; with regard to which, they
confented that the treaty fhould beofFenfive as well as defenfive.

But although this deed of James and his itates might feem fufficient to give
content to the Englith court, yet that court could have no confidence in the
Scottifli king, fo long as his councils were directed by Arran. They did
therefore periiit in the purpofe of driving out this favourite, by fending home
the exiled lords fupplied with fome Englifh money, and by preparing a party
at the Scottifli court to favour and afiift their enterprife. In this latter part of
the work, Wotton acquitted himfelf with dexterity and fuccefs ; but upon the
approach of the lords to the borders, he thought it fafeft to abandon the
Scottifh court ; which he did without taking leave, retiring with all the fpeed
he could to Berwick *. A few days after, the earls of Angus and Mar, and 0a.1t.
and the matters of Glamis came to Kelfo, where they were received and joined s P°'f"°o J .
by the earl of Bothwell -f-, and the laird of Cef-ford, and remained with them Qoiic, f^°i'
two or three days at Kelfo and Floors. Thither alfo repaired the lord Home,
Sir George Home of Wedderburn J, and others of that kindred. Proceeding
with their followers to Jedburgh, they there pubhfhed their intention, which
they explained in a long manifeito, wherein, fparing thofe courtiers with whom
they were in concert, they charged Arran, and his friend the colonel of the
king's guard, with the moft grievous abufes of their power and truft; fuch as
the periecution of the king's ancient and faithful nobles, the oppreffion of the
church, and (hewing favour to Papitts, falfe and injurious conduit towards
England, and correfponding with the fworn enemies of that realm. They
declared their purpole of delivering their fovereign out of the hands of fuch
hated and dangerous counfellors; and fummoned in the king's name, all his
fubjects to promote and affift their enterprife. As they advanced towards
Stirling, they were joined by the lord Hamilton, and alio by lord Maxwell,
who had been created earl of Morton, foon after the death of the regent who
bore that title. Arran, offended with Maxwell, for refufing to comply with
fome of his arbitrary demands, had ftirred up againit him his neighbours, the
Johnitons •, but Maxwell prevailing againit them, did farther provoke Arran's
rage. Maxwell's fafety thus depending on Arran's downfal, he was prompted,
though himfelf a Papift, to affiit the proteitant lords; and having been lono-
in a itate of war, had in readinefs, and brought with him into the field, a much

• Melvill relates, that Wotton had formed a plot for feizing the king, and carrying him by force
into England ; and th.it, upon the difcovery of this plot, he fled in great fear. Melvill, p. 335.
f Bothwell was married to a filter of the earl of Angus. Godf.
t Wedderburn was a neat Mnfman of Angus. Arran had maltreated lord Home. Godf.

4 Q greater

666 THE BORDER-HISTORY OF

Eiizaieth, greater number of good forces than any of the re it. On their arrival at
Q. f En t iand. g^ing^ they found their work extremely eafy. Their fecret frien is about the
"""iTsT king? had taken care that he fhould be in no condition to relift them -, Arran
efcaped by flight, and after fkulking for a while, lived privately among his
friends in Kyle, Stripped of all his honours. The king yielded to neceffity,
with the belt grace he could. The lords, making profeffions of the greatest
duty and refpect, were admitted to his prefence, obtained his fbrgiveneSs, and,
as is ufual in fuch revolutions, had the great offices of the ftate distributed
amongft them *. They had engaged to the king before he cor.fented to fee
them, to fpare his former fervants, and to abstain from revenges of perfonal or
family offences. They kept their promife, and even Stewart, the colonel of the
guard, was fuffered to retire unhurt.
Dec, io. In a parliament held the following month at Linlithgow, the forfeitures that

had been pafifed againit all thefe lords were reverfed, and they were reftored to
their honours and eftates. This eStabliihment of an administration in Scot-
land, on whom the queen of England could depend, was highly commodious
to her, and enabled her, with the greater fafety, to fend over to Holland a
considerable body of forces, under the command of Leicester, for the defence
of the United Provinces, whom, by a late treaty, She had taken openly under
her protection. Her projected treaty with the king of Scotland was now alio
refumed, with the greatest hopes of fuccefs •, the parliament at Linlithgow,
having given their aflent to it, or rather ratified the aSTent, given by the con-
Camd. p. 4»6. vention of estates in July. The court of France, jealous of the alienation of
fo ancient and ufeful an ally, did what they could to oppofe it ; employing for
that purpofe, their ambaflador Defneval, and another dangerous agent, called
Courfelles. To oppofe their arts, and carry on the negociation, Randolph
A. D. 15S6. W as lent into Scotland, as a man of the greatest experience in Scottifh affairs -,
although difagreeable to the king, on account of the troubles he had often
been an instrument of exciting in his kingdom. The king would have had
the annual penfion that was offered him, and the affurance of the queen's doing
nothino-, in prejudice of his fucceffion to the Englifh throne, to be inferted as
articles in the public treaty, but Randolph was instructed to offer only private
writings, obliging the queen to both thefe, and under the condition of the
king's continuing Steady in his friendship. After fome delays, arising chiefly
from Elizabeth's parfimony, and her accustomed caution in the matter of the
fucceffion to her throne ; James, from profeffed motives of his zeal for religion,
love of peace, and friendlhip for the queen, agreed to the conditions of the
treaty, and ordered them to be communicated to the nobles of his kingdom,
that they, by their Subscriptions, might witnefs their conSent to them. He
alfo gave orders to deliver up the Kers, who were fufpedted of the (laughter of
RuSTel-, but they, the day before they were to have been fent into England,
made their elcape. *

* William Ker of Cefsford, one of their friends, was appointed warden and judiciary of the
middle-marches, in the following January.

Soon

ENGLANDANDSCOTLAND. 667

Soon after, commiffioners from the fovereigns of each nation met at Ber- jim^vr.
wick*, and put the finifhing hand to this long agitated treaty of ftraiter K - of Scotlar " 1 -
friendjhip ; for fo it was thought proper to call it, the title of offenfive being ^36. ~~ f
difagreeable to the Scots. This treaty being prefaced by an account of the R J"'?*'
occaiion of it, namely, the combination amongft Popilh princes for extirpating p/soj* '"'
the true religion-, it was agreed, by the fovereigns of England and Scotland,
to give mutual afliftance to each other, againit all who mould attack them,
on account of the religion eftablifhed in their feveral dominions-, and for
defending the fame good caufe, to endeavour to bring into their confederacy all
proteftant princes. In cafe of fuch attack?, the league was declared to be not
only defeniive but alio offenfive ; notwithftanding former leagues of either,
with any other power. Upon information given, by either prince to the other,
of any hoilile aggreffion, the prince thus informed, was bound to give no aid
of whatever kind to the aggreffor, however connected with him by blood,
affinity, frienjfhip, or former treaties. In cafes of invafion, mutual aids
were ttipuiated, in the following manner. If England fhould be invaded in
parts remote from Scotland, the ScottiiTi king fhould, when required,' fend a
body of forces, not exceeding two thoufand horfe, and five thoufand foot,
into any part of England, at the expence of the queen ; or, if Scotland fhould
be thus invaded, the queen of England fhould fend into any part of it, a body
of forces, not exceeding fix thoufand foot and three thoufand horfe, on the
charges of the Scottifh king, Again, if invafion fhould be made on the
northern parts of England, within lixty miles of the borders of Scotland, the
Scottiih king when required, fhould with all expedition affemble the whole
forces of his kingdom, and employ them againfl the queen's enemies for thirty
days; or, if needful, for the whole time that the fu ejects are bound, by
ancient ufage, to keep the field for defence of their own kingdom. In cafe of
any invafion or difturbance in Ireland, the king of Scotland obliged himfelf
to reftrain the inhabitants of the Highlands and Ifles, from giving aid to the
queen's enemies ; and to profecute as rebels and traitors, any of his liibjects,
who fhould henceforth cany war into England. It was alio agreed, that no
protection fhould be given in either kingdom, to rebels and traitors flying
from the other -, but that, agreeably to former treaties, they fhould be
delivered up to their own fovereign, or at leaft expelled from the dominions
of the other-, and that fatisfaction fhould be made for the injuries done by
thefe rebels, while entertained in the neighbour-country. It was farther
agreed, that for the redrefs of wrongs, and decilion of difputes, which had hap-
pened on the borders from the time the king took the government into his own
hands, and four years preceding ; commiffioners mould be nominated, within

* The Epglifh commiffioners were, Edward eatl of Rutland, William lord Eure, and Thoma*
Randolph. The Scottiih, Francis eirl of Bothwell, Robe t lord Boyd, and Sir James Home of
ColJ;nknows. The commimon of the En^lilh delegates, is dated at Greenwich June 4. That of
the Scotch, at Filkirk June 19.

Randolph, in a letter dated 25th of July 1585, to Mr. Archibald Douglas, then a refugee at
t'. Englilh court, exprePi'es hi5 earnell defire, to be at the confirmation of that ivbich he bad long
travai'ud fur, and hoped Jhould noiu take effect, in defpite of the devil and all 11 dicious enemies,
iviurdin, p. 5 44.

4 0^2 fix

g68 THE BORDER- HISTORY OF

Elizabeth, fix months after figning this treaty, to meet at a proper place on the frontiers.
q of England , j^gj^g,. f ^g two princes was to enter into a league with any other prince or
1586. ftate, without the privity and confent of the other. Each of them engaged to
confirm, when required, this treaty by oaths, feals, and folemn writings.
Former treaties were declared to remain in their full vigour. Finally, the
kino- of Scotland, when he fhould arrive to twenty-five years of age, obliged
himfelf to confirm this treaty, with the confent of the ftates of his kingdom •,
as, on the other hand, Elizabeth engaged to procure to it, the fanclion of her
parliaments in England and Ireland.
Rym.ib.p. s«6, The commiffioners employed in concluding this treaty, had alfo powers to
S°7' treat of all kinds of wrongs and exceffes, that by ancient cuftom and former

treaties fell under the cognifance of the wardens of the marches -, and,
agreeably to law, equity, and the circumftances of the cafe, to give fuch
determinations as might conduce moft to the maintenance of friendship, and
the obfervation of the league, now concluded between the fovereigns. In
fulfilment of this part of their charge, they fpent fume days in treating con-
cerning the redrefs of paft attempts *, and the beft methods of preventing
atofiu!* IC9 ' an d managing fuch diforders for the future. Soon after, the lieutenancy of
the marches on the fide of Scotland, was entrufted to the earl of Angus -f- ■,
and in the month of September, a convention of eftates held at Edinburgh,
impofed a tax of 15,000 1. for raifing a body of horfe and foot, to attend the
lieutenant during the winter, for the fuppreffion of thieves and marauders.

A few weeks after the conclufion of the treaty between Elizabeth and
James, the confpiracy of Babington and his accomplices againft Elizabeth's
fife, being brought to light, foon brought on the unhappy fate of the queen
of Scots ; Babington confeffed he had imparted his defign to Mary, and that
fhe had by letters expreffed to him her approbation of it. Thefe letters, by
the art of Walfingham, affiduoufiy employed for the prefervation of his
his miftrefs, were intercepted ; and were by Mary's fecretaries, Nau and
Curie, fworn to be the genuine dictates of their miftrefs. After the band of
confpirators had undergone their deferved punifhment, it was refolved to
proceed againft Mary, in the method pointed out by the act of the laft parlia-
ment. Commifiioners were fent to the caftle of Fotheringay, before whom
fhe appeared with reluctance, but with the greateft dignity and firmnefs, affert-
ing her royal prerogative, and at the fame time her innocence with regard to
what was laid to her charge. The commifiioners, however, upon the evidence
laid before them found her guilty, and pafied fentence againit her, as having
been privy to the defigns of Babington and his accomplices, againft the life
of Elizabeth. But, on the fame day on which this fentence was paffed, a
declaration was publifhed by the commifiioners and judges of England, that
the fentence againft Mary did not at all derogate from the title or honour of

* Moyles fays, that the commifiioners met firfl at Berwick on the 27th of June..

■J- Angus, one of the moft worthy men of thu time, chofe tliis lieutenancy, preferably to the
office of chancellor; accounting himfelf much better qualified for the former thin the latter. He
ufed to fay, that he had as much rteafure in hunting out a thief, as others had in hunting a hart.
Godfc. 430..

James

ENGLAND AND SCOTLAND.

James king of Scots ; but that his place, degree, and right, remained the
fame, as if the fentence had never been pronounced. The Englifh parliament
meeting a few days after, gave their fanclion to the proceedings of the com-
miffioners, and earneftly belbught the queen, to order the execution of their
fentence, without delay.

The king of Scotland appeared to be greatly diflreffed and provoked with
the proceedings in England, againft his mother. He firft fent William Keith,
and foon after, the matter of Gray and Sir Robert Melvill, to remonftrate
againft them, in the ftrongeft terms, and, at the fame time, to offer whatever
fecurity was in his power, that (he fhould not henceforth, by her plots or en-
terprifes, bring any danger to the perfon or throne of Elizabeth. This vehe-
mency of James, which was no more than became a fon, was the more eafily
borne and the lefs regarded by Elizabeth and her minifters, from their knowing
that many of his nobles and courtiers, almoft all his clergy, the greateft part of
his fubjects, and even fome of the agents he employed in his mother's caufe at
the Englifh court*, heartily defired that the fentence againft her fhould be
executed. The king being informed, that no regard was paid to any of his
propofals, or to the menaces or entreaties that accompanied them, recalled his
ambaffadors. And on the day after their return to the Scottifh court, the
helplefs victim met her hard fate in the hall of the cattle of Fotheringay, with
all the dignity and decency of behaviour that became the elevation of her rank
and fpirit.

The firft intelligence James received of his mother's death, was by an
exprefs to his fecretary, from William Ker of Cefsford, warden of the middle
marches, whole information concerning it was tranfmitted from Sir John Forfter
warden of the oppofite march in England. But the king affecting to think it
incredible, and no other advertilement arriving, went two days after, to hunt at
Calder, a few miles to the weft of Edinburgh, and remained there all the night.
While there, he was informed that Sir Robert Carey, the youngeft of lord
Hunfdon's fons, was on his way to him as ambaffador from the court of Eng-
land, to apologife for his mother's execution, and had come as far as Berwick.
Carey had accompanied fecretary Walfin^ham in his embaffy to Scotland, and
during his fhort ftay there, the king had grown very fond of him. This cir-
cumftance, together with the unwillingnefs of almoft every body in her court
to undertake fo difagreeable an office, determined the queen to entruft it to
Carey. The king of Scotland, immediately on hearing of his arrival at Ber-
wick, fent a meffenger to let him know, that his people's refentment of the
unworthy treatment of his mother was fo violent, that it was not in his power
to warrant the ambaffador's life, if he fhould enter his kingdom. Inftead
therefore offending him a fafe-conduct, he propofed to fend two of his council
to the bound-road ; in order to receive his letters, or what other meffage he

669

Jamfs VF,
K. of Scotland 1 ,.

( /

ls26.

A. D, 15S7,

Feb. 8.

Moyfes, p. 117.

Spotfw. p. 357,

&c.

Carey's Mem,

P. 49> &c -
Feb. 15.
Feb. 17..

• Such were, Mr. Archibald Doughs, (who being acquitted of his known guilt of king Henry's
murder by the intereft cf the mafter of Gray, was appointtd ambaffador at the Englifh court;)
aud the mailer of Cray himfelf. Sec Gray's Letter to Archibald Douglas. Murdin, p. 568*

waa

6 7 o - THE BORDER-HISTORY OF

Elizabeth, was charged with *. Carey communicated this propofal to Elizabeth, and
q. of England. w „ s jjj-g^gj t0 acce p t of it; accordingly Sir James Holme of Coldenknows,
— issT captain of Edinburgh-caftle, and Sir Robert Melvill under-treafurer, met with
March 14. Carey, in the kirk of Fowldean, the company on each fide confirming of
twenty-four perfons. Carey there delivered a letter from Elizabeth written
with her own hand •, wherein, profeffing herfelf to be far remote from the
meannefs and cowardice of dilTimulation, Ike declared her extreme forrow for
^potw. P . 357. w j iat j ia j j ia pp enet j j protefted that it was moft contrary to her mind, expreffed
camd, n. 496. t j ie higheft friendfhip for the king, and referred him for the particulars, which
fhe herfelf could not bear the pain of writing, to the information of Carey.
.The ftory told by Carey was, that Davifon, her fecretary, and her counfellors,
had, contrary to her intention and exprefs inftruclions, made ufe of a warrant
which fhe had indeed fubfcribed for the execution of Mary •, but which (he had
refolved fhould not be made ufe of, unlefs in cticumftances of the moil:
extreme danger and neceiTity. Carey farther affured James's counfellors, that
Davifon was taken into cuftody, and would not efcape the effects of the queen's
difpleafure.
Carey p. 173. The P r °f e fl* 10ns which Elizabeth maJe, on this occafion, to the Scottifli king,

were the fame which fhe made to all the world, and which fbe fupported for
fome time, by other parts of her behaviour. She fhed abundance of tears,
put on mourning, would not fee her counfellors, who had joined in giving
orders for executing her own warrant, and actually commanded Davifon to be
profecuted in the ftar-chamber, where he was fined 10,000 1. and condemned
to fuffer imprifonment, during the queen's pleafure. The truth was, that
Elizabeth wifhed for nothing more than the death of the Scottifh queen, but
ihe earneftly fought to avoid the odium of its being inflicted by her command.
Davifon knew perfectly what fhe defired, as did the other counfellors, who
agreed to fhare the blame with him for difpatching the warrant, without
having received the queen's laft orders. But Davifon, an honeft and able man,
though a ftranger to the arts of a court, was made the facrifice. The other
counfellors vindicated themfelves, by the engagement the affociation had
brought them under, to purfue to death all the queen's enemies. The pro-
jections the queen had ordered againft them, were foon dropr, and in the
end of Davifon's trial, public acknowledgments were made, in the queen's
name, of their affection and zeal for the defence of her perfon and the fafety of
the church and Hate.

The queen's letter and information, tranfmitted by Carey, were far from
fatisfying James, who for a confiderable time complained and threatened aloud.
But. the Englifh minifters exerted all their abilities, and ufed all their influence
•wfith their friends at the Scottifli court, to dilfuade him from proceeding to
extreme meafures, in which his flares, engaged to fupport him, and to which
he was flrongly excited by the agents of the catholic powers. With this view

* Moyfes fays, that Carey, after being refufed a pafs-port. fent captain Carvell from Berwick,
to make his propofal. But it would feem, that Carey fhould be credired, in narrating what pafTal,
between the king and himfelf. Yet, like Melvill, writing from memory, long after the things
happened, he is evidently guilty of abundance of inaccuracies.

Walfingham

ENGLAND AND SCOTLAND. 671

Walfingham wrote a Ions letter to fecrerary Maitland, full of prudent ad- Jmnvs,

monitions ; reprefenting the great i'uperiority of the power of Kngland above / ° _ co '" *

tlut of Scotland, the uncertainty and unfaithfulnefs of foreign aids, the hazard 15S7.

to the protectant religion in the king's connecting himfelf with catholics, and V'itop-JS*

tlie great danger to which he expofcU his fucceffion to the crown of England, March*.

by breaking a league fo lately contracted, and entering into war with that 1] mi ' p ' 5 ° 4 '

nation. Lord Hunfdon governor of Berwick, was afterwards employed in

proiecuting this work of a reconciliation. This nobleman was lef> obnoxious

to the king than any of the Englifh grandees, as having been leaft concerned

in the proceedings againft his mother. Having obtained leave to come to the

Scottifh court, loon after the breaking up of a parliament, which James had

held, upon his completing the twenty-firft year of his age, he ftrove to make

the king fenfible of the great hazard into which he would bring his fucceffion

to the crown of England, which was otherwife unqueftionable, if he fliould

perfift in his refentmentof a thing irremediable, and enter into open war with

Elizabeth. And an opinion having been induftrioufly inftilled into James's

mind, that his title to fucceed to the Englilh crown would be prejudged by

the condemnation and execution of his mother, Hunfdon undertook to obtain

a declaration, figned by all the Englifh judges, that his title was nowife hurt

by thefe proceeding?. Such a declaration was accordingly tranfmitted to him* ;

and alio, to prove that the execution of Mary was contrary to Elizabeth's

mind, and that her wrath againft her fecretary was not a mere pretence, there

was fent at the fame time, the fentence againft Davifon, attefted by the fub-

fcriptions of the delegates, who tried his offence, and by the great feal of

England appended to it. James had parted with Hunfdon on doubtful

terms -f- ; but on receiving the above mentioned papers, fhewed himfelf fo far

fatisfied as to emit proclamations, requiring the inhabitants of the borders to

ceafe from the incurfions they had begun to make into England.

Jn the Spring of the following year, the king, in order to oblige his borderers A D 1 gfc
to dojuftice to their neighbours in England, made an expedition to Jedburgh, April i 9 . *
carrying with him a fufHcient.body of forces. Pledges had been given, by Moyf- p ' I35 *
the king's command, that the Englifh fliould be fatisfied for the damages his
fubjeefs had been convicted of doing them J. In order to relieve thefe pledges,

* From a paper in Murdin, dated April 26, 1589, it appears, that the queen had before that
time tefliried under her h,nd and feal to the king, that nothing was done in trying and judging his
mother, to hurt any right that he might claim as heir to her. And for his better fatisfaclion, it
was then offered, that he might have an inftrument in wiiting to the fame effect, fubferibed by the
eomrnifTioners of her council, and the judges of the realm. iVlurd. p. 63$.

+ Hunfdon writes a letter from Berwick to the queen, dated 24th of October, in which he tells
her, that " if (he looked for any amity or kind dealing at the king of Scotland's hands, fTie would
" find herlelf greatly deceived; for he had fuch b2d company about him, and fo maliciouflv bene
" againft her highnefs, that if he had any good inclination towards her, they would not fufFer him
«* to remain in it two day* together." Murdin, p. 591.

Thi- Short letter confirms what Camden fays of Hunfdon's choleric temper. Vir ammo magno,
Jed bilio/o.

t A meeting of commiflior.ers of both kingdoms was held this year at Berwick, in February ;
as appears from a paper in Rymer, vol. xvi. p. 304. entitled, A relation of Scottifh affairs, to be
given by George Nicholfon to the lord tieafurer.

672 THE BORDER-HISTORY OF

Eiiwbe'.h, h e obliged feveral of the Tiviotdale gentlemen, who were the authors of thefe
q^o ng anj damages, anc j men f am0 us for fuch exploits, to enter themfelves prilbners into
1588. England* •, as they were not able to make reparation for the injuries they had done.
This being probably the firft time that James had vifued his frontiers, he made a
progrefs eaftward through the Mers, paffing from Halydon to Langton, and
thence to the neighbourhood of Berwick. Moved by a like curioSity to that
of his mother, when in thofe parts, he approached fo nigh the town as to obtain
a diftincl view of it. The captains of the garrifon came forth to pay their
reSpects to him, and fomeof them converSed with him for a considerable time;
Spotfwood, an ^ m honour of the royal vifitanr, a difcharge was made of all the artillery
Moyfes. of the place. In the following month, the king made an expedition of greater

confequence, into the country near ihe weftern march, againil the lord Max-
well. This lord having been freed from an imprifonment he had incurred by
his zeal for Popery, on the condition of his leaving the kingdom, ha J gone to
the court of Spain ; and being there made acquainted with the project the
Spaniards had formed of invading England, came home, in order to give
what aid he was able to that enterprise. But the king marching with great
expedition againft him, foon diffipated his forces, and reduced his places of
ftrength ; Maxwell himfelf feeking to efcape by fea, was purfued and taken
prifoner.
Spotfwooa, The behaviour of James, in the fequel of this memorable year, was anSwer-

able to thefe beginnings. On receiving intelligence of the invincible Armada
failing for England, he affembled his eftates, laid before them the plain reafons
for regarding the king of Spain, as the common adverfary of England and
Scotland, and the neceffity of facrificing, in fo critical a Situation, all thoughts
of reSentment, to the defence of their religion and country. Whatever fecret
enemies England might have in this aSfembly, none of them were fo foohfh as
to exprefs their fentiments, but the earl of Bothwell, who openly propofed to
embrace the favourable occafion, that was now offered, of invading England,
and revenging the death of queen Mary. So earneft was he for this meafure,
that he had levied foldiers to ferve under him in the expedition ; but the king
admonifhed him to be quiet, and to take care of the Shipping, the charge of
which belonged to him as admiral. It was refolved in this affembly, that all
the fighting men of the kingdom fhould be muftered, the ports watched,
beacons erected for giving advertifement of the appearance of the enemy, and
noblemen appointed in different parts of the kingdom, to whofe Standards,
Rym.vol.xvi. when neceffary, the fighting men Should repair. The king did alSo, by a
p- »8. letter under his own hand to the queen of England, make offer of his perfon

and forces, to be employed in whatever way might beSt Serve for the defence
of her country -J-. This behaviour was fo grateful to Elizabeth, that after the

Spanifh

* Such were, the laird of Hunthill's Sons (Rutherford's), the laird of Greenhead's (Korbet),
Overton (peihaps Ormifton), &c. Moyf. ib.

•J- Tnia offer the king appears to have made by the advice of fecretsry Walfingham, com-
municated to the king by Archibald Douglas, his ambaffidor at the co irt of England. Murdin,
p. 631. (The king's letter to the queen is dated 4th of Auguft, Wallingham's to Douglas 27th of

July.)

ENGLAND AND SCOTLAND. 673

Spanifli navy had lefc her coafts, (he fent Sir Robert Sidney to the Scortifh K ^ m " Q ^ ni
court, to thank the king for the folid proofs he had given of his friend (hip-, .'*". . ' • '
and to offer him her aid, if the Spaniards fhould attempt to land in Scotland. 1388.

The circumllances and events of this unwieldy expedition, the profefled
object of which was the conqueft of England, are Co amply explained by all
who write the hi (lory of thofe times, and lb little connected with our Subject,
as not to require any detail here. Where every thing dear and facred was
expofed to fo much danger, it was neceffary to know the whole force of the
nation, and have it in readinefs, to be exerted againftthe invaders. Accordingly, & £' "' p 5 ' 4 '
mufters were made, and exact accounts taken, of all the fighting men, with
their armour, horfes, and other (lores. But the forces of the border counties
of Northumberland, Cumberland, and Weftmoreland, together with thofe of
Durham and Yorkfhire, were not put into the account with thofe of the other
counties, being referved for defence of the northern frontier in cafe of any
attack from Scotland, or to oppofe any defcent that might be made on the
northern coafts.

The great deliverance wrought for the ifland in the total failure of the
enterprife of the Spaniards, and the dreadful lofs they fuilained, was a
grievous disappointment to the bigotted catholics both in England and Scot-
land. In Scotland, the earl of Huntley, the lord Maxwell, and lord Claude
Hamilton, were of that number. To thele were lately added, by the addrefs ciUer. p. 137,
of the Jefuits, Hay and Crichton, two new converts, the earls of Errol and £p° c1 '*- p- 37^
Crawford. The duke of Parma fent over, in the end of the Armada year,
10,000 crowns, to be diftributed amongft the friends of Spain and the catholic
caufe, for Strengthening their intereft, and reviving their drooping fpirits.
Upon this encouragement, the lords renewed their correfpondence with the
king of Spain and the duke of Parm3, inciting them to a new invafion, and
requefting part of the army employed in it to be fent to Scotland, together
with a fufficienc fum, for raifing a body of forces in that kingdom, to join it.
In the mean time, to increafe their Strength and influence, they endeavoured
to put in practice the method that had been fo often employed, of getting the
king's perfon in their power •, into which plot they drew fome others
who were diffatisfied with the king's ministers. Among thele was the earl of
Bothwell, who bore a mortal fpite to chancellor Maitland, hated the queen
of England and all who were in her intereft, and in the matter of religion
was fo indifferent, that he affured Bruce, the duke of Parma's agenr, that if caUer. ?. 23S.
the catholics fhould prevail, he would prefently be one of theirs, on condition
of their Securing to him the poffcffion of his two abbies of Kelfo and Cold-
ingham.

July.) The lung's good behaviour at this crifis was perhaps not a little owing to the offers msde
to him by Afhby, the Englilh 2mbaflador, of the title of a dukedom in England, an annual penfion
of 5,000!. and a company of guards, to be pa ; d by the Englith queen, with fome other articles.
But thefe offe.s were never made good, being difavowed by the court of England, as matters of
Afhby's private conceit, which he had no warrant either from his miftrefs or any of her counfellors
to make. Camd. p. 533. Murdin, p. 63c.

4 R The

6 74 THE BORDER -HIS TORY OF

Ei. ; zab-t\ The fcheme of feizing the king's perfon was difappointed by the vigilance of

Q^E n s ian ''; the chancellor, in whole houl'e, within the city of Edinburgh, the king lodged.
a. p. i S °9 The plotting lords were farther difconcerted, by their letters to the king of
Sjjou'wood. Spain and duke of Parma being intercepted in England, and fent thence to
the king, accompanied with exhortations from Elizabeth, to proceed with due
feverity againft fuch guilty and dangerous offenders. The king, either not
thinking their guilt fufficiently proved, or being willing to gain them by lenity,
accepted of their affurances of future good behaviour; and upon receiving
this fecurity, fet at liberty fome of them whom he had in his power; but at
the fame time iffuing a proclamation againft Jefuits and their refetters, and
charging by name the chief of the former to leave the kingdom on pain of
death. Thefe incendiaries, inftead of obeying, engaged Huntiey, Crawford,
and Errol, to break forth into open rebellion in the north. The king, much
incenfed at thefe infurgents, for their ingratitude and breach of faith, marched
from Edinburgh againft them, in perfon, with great expedition. Though his
Apiiig. forces were much inferior, they difperfed at his approach, and foon after
found themfelves obliged to yield to his mercy. Bothwell, in the beginning
of this difturbance, had raifed three or four hundred borderers, and led them
to Dalkeith; but being intimidated by the relblution which the king fhewed,
difmiffed them, and, with a fmall number of attendants, made his way to his
friends in the north. This earl, together with Huntley and Crawford, under-
went a trial at Edinburgh, and being found guilty, they were imprifoned in
different caftles. In the month following, the king made another journey to
the north, where fome of the late offenders were punifhed by fines, and
others, fupplicating for mercy, were pardoned. About this time, ambafla-
dors were lent to Denmark, to folemnize by proxy the king's marriage, and to
bring over the queen. Her arrival was expecled about the end of fummer;
and that nothing might be then feen among his fubjects but tranquillity and
joy, the king liberated from their imprifonment the lords concerned in the
late rebellion, as alfo the lord Maxwell, who had been in cuftody from the
time he was feized in the preceding year.

The queen, in her voyage towards Scotland, being driven back by a violent
tempeft to the coaft of Norway, and the fealon being too far advanced for her
venturing again to fea-, the king, wearied out with delays and difappointments,
refolved to fail to Norway in perfon, in order to confummate his marriage, and
to convey his confort home. The fear of his purpofe being defeated by re-
fraclory and intriguing nobles and courtiers, made him keep it a profound
fecrct from all about him, except the chancellor ; but he left behind him in
writing an account of the motives that determined him to it, and alfo his
° e Q ' ! 2, orders for the government of the kingdom in his abfence. By thefe orders,
his council was appointed to refide at Edinburgh, for the adminiftration of
public affairs. The young duke of Lennox was appointed prefident of this
council, and the earl of Bothwell his afliftant, and fecond in rank. The lord
Hamilton was appointed lord lieutenant of the borders, his power to extend
over the three wardenries, and fheriffdom of Lanerk ; his refidence to be at

Dumfries

S/<oifwooJ.

ENGLAND AND SCOTLAND. 675

Dumfries or Jedburgh, and aid to he given him as need fhould require, by the j«meivi.
lords Boyd, Hemes, Maxwell, Home, Ceisford, and other chief barons, ^^f^;
within the marches. The king earneilly recommended peace and obedience ~~7^T~"
to his fubjeds of all ranks, especially to thofe who had lately experienced his
mercy.

James in thefe writings gave hopes of a fpeedy return •, but in little more
than three weeks after he failed, feveral of the companions of his voyage returned
to Scotland, bearing intelligence, that he was to Ipend the winter in Denmark,
with his young queen. Mean time his fubjecls fhewed a deference to the
written orders and meffages of their abfent Sovereign, far exceeding what they
ever paid to his authority while prefent. The lord Hamilton, with the other
members of the council, foon after the king left them, wrote to the queen of Nov 6<
England, informing her of the ftricf orders the king had given for maintaining p.Ts'. * 3 o! "'*
peace on the borders. They begged her concurrence in this work, by fending Mo ? c - p- ,6 5-

r ■ n. L J J I I L J- tt- 1 11^ Murd. p. 641.

proper lnitruchons to her wardens, and particularly by directing them to hold
the accuftomed meetings for the redrefs of recent wrongs ; that the courfe of
juftice might not be interrupted or delayed, on account of difficulties in the
redrefs of f >me paft injuries, which redrefs could fcarce be effected without the
appointment of extraordinary commiffioners from each kingdom. Thefe
friendly propofals were very agreeable to Elizabeth, who, about the middle of
December, lent Mr. Robert Bowes, the treafurer of Berwick, to inform the Dec- 1? '
council of dangerous practices that fhe heard were ftill carrying on in Scot-
land, by Jefuits, and of fecret affemblies and plots of certain nobles, over
whom they had the afcendant, for promoting the interefts of Popery, and the
ambitious views of the court of Spain. She defired their timely attention to
check thefe mifchiefs, and offered in cafe of need, to fend them aid either of
men or money. The council thanked her for her care of their mafter's
kingdom during his abfence, informed her of the entire conformity between
his orders and her advices, with regard to the matter in queftion, and
promiied their vigilance to difcover fuch attempts, and their utmoft vigour to
reprefs them, as foon as they were afcertained of their reality *.

Elizabeth's principal object at this time was the fupport of Henry IV. of
France, amidft the dangers to which the oppofition of the leaguers reduced
him in the beginning of his reign. The heavy blow that the caufe of thefe bigots
received in the preceding year, by the defeat of the Spanith Armada, and the
affaffination of the duke of Guife, ferved only to inflame the zeal of its votaries.
On the firft of Auguft of this year, the fall of Guife was revenged by the
murdering knife of the friar Jaques Clement, which gave Henry III. his mor-
tal wound. The ftrength and rage of the leaguers had forced this monarch
to a reconciliation with the king of Navarre ; and when dying, he declared
him the heir of his kingdom. But this prince being, on account of his
religion, deferted by many catholics, and the duke de Mayenne, who, fince

• A Spanifh bark fome time after arrived on the Scottifii coait, by which fome intelligence was
obtained, which was immediately communicated to the Englifh ambarTadcr, to be iranfmitted to his
miftrels. Rymer, vol. xvi. p. 36.

4 R 2 his

6 7 6 THE BORDER-HISTORY OF

Elizabeth, his brother Guife's death, was head of the leaguers, overwhelming with fuperior

O^of E ngland. f orce a jj Henry's courage and great talents ; Elizabeth, by a fmall, but timely,

_ 1559?"" fupply of men and money, reftored his affairs, and enabled him for a while to

regain the afcendant over his adverfaries.
ad. 1590. In the beginning of the following May, James returned in fafety with his

queen, to the great joy of his fubjects, to whom the king, on his part, ex-
preffed great thankfulnefs for their good behaviour during his abfence. The
queen was crowned icon after her arrival •, and on that occafion the chancellor,
Sir John Maitland, who had attended the king all the time of his abfence, was
created lord Thirlftane : the title being taken from a place in the Mers that
had been long poffeffed by his anceitors. Queen Elizabeth lent the earl of
Worcefter, as her ambaffador, to congratulate the king upon his marriage and
fafe return. He was alio charged to inform James, that he was elected a knight
of the order of the garter, an honour that was at the fame time conferred
on the French king. There was likewife a pre lent of clothes and jewels from
Elizabeth, brought by Worcefter, to the Scottifh queen. With thefe marks
of refpect were joined friendly admonitions, to be upon his guard againft
the Popiih faction among his fubjects, whole plots were fo full of danger to
both realms.

The year of James's return did not come to an end without new disturb-
ances. In the north, a quarrel arofe between the earls of Huntley and
Murray, which, though quafhed in the beginning, gave afterwards birth to
Spotr. P , 3 g2, many mitchiefs. A cruel murder was alfo committed at Edinburgh, by Sir
3*3- Robert Ker, heir apparent of Cefsford, upon William Ker of Ancram. The

latter was defcended of the family of Farniherft, between which and that of
Cefsford there had been an old emulation for the offices of the warden of the
middle marches and provoft of Jedburgh. The heir of Farniherft being
then a minor, Ker of Ancram was active in maintaining the intereft and repu-
tation of that houl'e, for which he was well qualified by his wifdom, courage,
an'd Jfk,ill in the laws and cuitoms of the borders. He had lately, in a plea
brought from the warden's court to the king's council, clearly convicted one
of Celsford's followers of having committed theft in England. This, added to
former jealoufies, did fo incenfe lady Cefsford, that fhe ftirred up her fon, who
was very young, to revenge the affront offered to his family, in the barbarous
way that was then reputed honourable. The king was much provoked at the
deed, and threatened exemplary punifhment ; but the offender, after having
retired for lbme months, obtained pardon, upon making fatisfaction to Ker of
Ancram's children. Such pardons the king was too ready to grant; and this
was laid to be obtained by the interceffion of the chancellor, who afterwards
gave to Sir Robert in marriage his niece, a daughter of Lethington, and
brought him into great favour with the king.
feD.icot. In the following winter, the king, with his council, judges, and clergy,,
were very ferioully and diligently employed in the examination and trial of
witches and forcerers. In the courie of thole inquiries it was dilcovered, that the
carl of Bothweil had been feeking the help of fome of thefe miferable creatures
to Shorten the king's life, while he was abfent in Denmark. Bothweil was
5 thereupon

ENGLAND AND SCOTLAND. 6yy

thereupon committed to the caftle of Edinburgh, in order to underco trial J"*mvj.

fi . r i r ' • t i n i » w t i K. of ficotUni!.
<>r this treaton •, but after remaining about two months in cultody, he broke * ,

forth from it, and made his efcape. This flying from juilice determined the «»w
king to proclaim him a traitor, and to declave him forfeited, by virtue of the Rym.'Td'Vvi,
lenience that was palled againft him two years before, which had not been p-'ioo.
remitted, but the execution of it only fuperleded. All the king's lubjecls
were forbidden to entertain or aid him, under t!ie hiahelt penalties-, and all
the fighting men of the Lothians, Stirling- ihire, and of the (hires of Berwick,
1\; xburgh, Selkirk, and Peebles, were required to repair to the king at
Edinburgh, with fufficient arms, and provifions for fifteen days, in order
to repreis bothwcll's attempts, and to maintain the quiet of the country.

The king, inftead of conducting thefe forces again!!: Bothwell, went to M«yf. p'.jff,
Perth, where he was prelent at a public entry which his queen made into that *'*' I79 '
place; and (pent fome time after at Falkland. This remiflhefs emboldened
Bothwell to come with a fmall troop of horiemen to the principal gate of ]uhi6.
Edinburgh, and there to infult the chancellor, who refided in that city. Both-
well, abandoned and diffracted as he was, had the favour of feveral nobles,
who wilned the fall of the chancellor, and a revolution at court *". Among
thefe, the lord Home (hewed his inclination molt openly ; for, being warden of
the eaft-march, inftead of expelling Bothwell, he affociated with him, and gave
him protection and aid. The king returning fpeedily to Edinburgh, lord Rym. vol. xvi.
Home was fummoned to attend the council without delay, that he might p ' I07, Io3,
concur in concerting proper methods for fupprefling the rebel within his
bound?, under the penalty of being himfelf proclaimed a rebel, and forfeited.
Home refilling to obey, a proclamation was ifFued, requiring the fighting-men
of the neighbouring counties to repair to the king at Edinburgh, to accompany
him in an expedition he purpofed to make in peilbn againft thofe rebellious
lords, and for compofing the diforders to which they had excited the banditti
of the marches. Moit of the confiderable barons and gentlemen nigh the
eaftern march paid a ready obedience to this proclamation •, and being at
Edinburgh on the day appointed, fublcribed a bond -f-, in which they promifed
faithfully to ferve the king againft Bothwell and Home, and all who aided
and abetted them in their rebellion ; and for this purpofe to lay afide the par-
ticular feuds and quarrels amongft themfelves. It is probable that the loyalty
of the gentlemen above mentioned, and the imprifoning of fome of the nobles
who were in concert with Bothwell and Home, determined thefe latter to lay.

* Thefe, according to Moyfes, were, the earl Marfhal, the earls of Morton and Errol, the
m^fter cf Glamis, and others, who were all at that time at Edinburgh.

•f- The fulilcribers cf this bond, in the copy printed by Rymer, are, Cefsford, Minto, Hundley,
Wat of Bcdroul, Jedburgh, Haihvood, Wedderburn, Huttonhalf, Alexander Home of Northber-
wick, Mayus Ayton (Ita) younger, James Bronfieid, for the firname of Bionfields, John
Readpithe, Patrick Dixon, Bltckader younger, Eaft Nelbit, Innerwick, Swinton, Congilton,
Smetori, Biy lie (crobably Billy), Renton, Prandergueft, Andrew Ker of bow fide, Saltcoats, Her-
miiloo, with fin Iry otheis, whole names, I fjppofe, are in the original.

They engage, " not, to (brink from his majefly's fervice for any caufe, as they (hall anfwer to
" almighty God and his majelly, upon their faith, honour, and allegiance, and under the pain
" every one of them of iooo merks Scots, to be paid to his highnefs."

down

678 THE BORDER-HISTORY OF

Elizabeth, down their arms. Bothwell fled to England. Lord Home pafied over to
O^of England. pi arK j ers . but foon after, upon making his fubmiffion, was allowed to return
i Sg t, and pardoned J.

The king or* Scotland's negligent diffipated temper, his extravagant pafllon
for favourites and hunting, the many wonhlefs people about his court, the
continual factions among his fierce and numerous nobility, his extreme
poverty*, which was much increafed fince his marriage, and rendered him
unable to pay a body of guards for defending his perlon •, all thefe circum-
ftances expofed him continually to infults and furprifes. Bothwell, lurking in
the neighbourhood of the borders, and flill in correfpondence with fome in the
palace, made a new attempt to feize the king's perlon, in the middle of the
Dec. »7. following winter; he actually entered the palace of Holyrood-houfe, through
Spotfw, p. 3 s6. a f e cret paflage, accompanied with a fmall band of defperate followers, at-
tempted to force his way into the apartments of the king, queen, and chan-
cellor ; and would have fucceeded, had not fome favourable accidents given
a little time to prepare for refiftance, and to obtain help from the city. But
though difappointed of his aim, himlelf, and far the greateft part of his com-
panions, covered by the darknefs of the night, made their elcape.
A. D 1592. Bothwell now took refuge in the north, with his coufin the earl of Murray.

This gave occafion to James to require the attendance of Murray at court,
that he might detach him from Bothwell, and reconcile him to Huntley,
who was then with the king. But Huntley having obtained a royal warrant,
to bring to juftice the accomplices and resetters of Bothwell, did, by virtue
of it, attack Murray, as he was in his way towards the court, in his mother's
houfe at Dunibriftle, and obliging him to abandon the houle by letting it on
Feb. 7. fire, cruelly put him to death. The murder of a popular young nobleman,
fon of the regent Murray, and the remiflhefs that appeared in profecuting the
offender, excited very general difcontents. The nobles in particular of the
name of Stewart were exceedingly irritated againfl: the chancellor; and Both-
well acquired a greater party of favourites at court than ever before. Thefe
circumftances encouraged him to a new attempt in the following fummer.
Sfotr*. p. 3S8. Setting out from fome of his lurking-places on the border, with about one
hundred and twenty horfemen, confuting chiefly of banditti of thofe parts,
both Scots and Englifli, and travelling two whole days and nights without
June 16. either food or fleep, he came to Falkland, where the king made again a very
narrow efcape from falling into his hands. Being difappointed of the aid he
expected from fome of thole who were in the palace, and unable to contend

% Buccleugh, who had manied Bothuell's daughter, was alfo openly of his party, although he
is noc mentioned in the king's proclamation, or in the aflbciation of the barons. He was ordered
to leave the country, and obtained licence to go to France; but not long after, was allowed to
return, by the interceffion of James's queen, who was engaged to folicit for him by the old lady
Farniherft. Hudfon's Relation in Rymer, vol. xvi. p. 148.

* The relation of James Hudfon reprefents this llrcngly ; he fay?, '* that while he was at the
" Scottilh court, both the king's table and queen's had like to have been unferved by want ; and
" that the king had nothing he accounted certain to come into his purfe, bat what he had from
•' the queen of England." Rymer, vol. xvi, p, 149.

4. with

ENGLAND AND SCOTLAND. 679

with the militia of the neighbouring country, who afiembled for the king's J\™" v <
relief, he was obliged Co retire; and notwidntanding the fmall numbers and \

exhaufted condition of his followers, himfelf, and almoft all who were with 159*!
him, made a fafe retreat to the wellern march, from whence molt of them
had come-, over which their leader again retired into Kngland. Soon after,
the king made an expedition to Dumfries, and on promile of pardon, received
the lubmillion of many of the Johnftons, and others, who had followed Both-
well. The interelt which this defperado had among the courtiers, and even
with fome of the king's minions, and the great facility of the king in pardon-
ing luch offenders, encouraged many in the border counties to violate the
king's proclamations, by correfponding with Bothwell, and even openly enter-
taining him. A great part of the inhabitants of Tiviotdale acting in this manner,
the king made an expedition in October to Jedburgh, where he exacted fines
from fome of BothwelPs refetters, and obliged them to give bonds for their
more orderly behaviour.

In the following year new troubles arofe in Scotland, from the difcoveries a. 0.1593,
made by the feizure of the perfon and papers of Mr. George Ker, brother to s P otfw - ?• 39°»
the lord Newbottle. Ker was in the little ifle of Cumray at the mouth of
Clyde, ready to embark for Spain, having a commiffion and letters from the
earls of Huntley, Angus, and Errol, and from certain jefuits in Scotland, to
folicit an army of Spaniards to be fent over into Scotland, for invading
England, and relieving the Scottifh catholics from the thraldom and perfe-
cutions under which they at prelcnt groaned. The apprehenfion of Ker was
owing to the zeal and activity of the minifter of Paifley •, and his brethren of
the church entered with the greateft warmth into the profecution of the Popifh
lords and all their party. The king alfo made the ftrongeft declarations, in the cald. p. i%t,
beginning, of his refolution to make them feel the utmoft rigour of juftice ;
and Graham of Fintry, one of their accomplices, was executed foon after the
difcovery ; but this vigour was fucceeded by a remiiTnefs that offended the
church, the queen of England, and all zealous proteltants, and that encou-
raged the prel'ent offenders, as well as other turbulent and ambitious perfons,
to new plots and enterprifes.

James, in the end of winter, made a fliort expedition into the north; and
the earls, upon his approach, retired to the mountains. According to the
common, though very infignificant, practice of thole times, he took the chief
perfons of the country engaged, by fublcribing a folemn bond to concur with
all their might in prolecucing the offending lords, with their accomplices and
abettors; for carrying on which work, he gave commiffions of lieutenancy to
the earls of Athol and Marfhal. Upon returning to his capital, he found the
lord Borough j lent as ambaffador extraordinary from the queen of England,
on occafion of the late difcoveries. This lord was charged to demand of the Camden.

f The family of Burghs, or Boroughs, of Gainfoorough in Lin coin (hi re, was ennobled by
Richard III. The lord here mentioned, was the lalt that bore the title, having left behind him
three daughters. He was governor of the Brill, and afterwards lord-lieutenant of Ireland.
Dugdale.

king,

680 THE BORDER-HISTORY OF

r.iiza^ih, king, a particular account of the defigns of the Spaniards againft England, to
cloi EngUnd,^ rC q ue fl. ^\ m to a rp m his royal authority, by the execution of judice ; that if ih.it
1593. proved impracticable with regard to the perfons of the traitors, he fhould con-

fifcate their eftates •, that he fhould admit into his council men of approved
integrity and good principles •, that he fhould with his own hand ratify to the
queen his compliance with thefe requefts, and thereby enable her to fatisfy
other princes in her alliance, of his fincere attachment to the common caufe ; lait
of all, that he fhould take care to preferve peace on the borders. Upon thefe
conditions the queen promifed her ready aid in all exigencies, and pretended
file had already taken meafurts to punifh fome of her fubjects who had enter-
tained Bothwell. James's anfwer to thefe particulars was, that he had already
acquainted the queen, by Bowes her refident ambaffador, of all he had dis-
covered concerning the correfpondence with Spain-, that he had done what he
could againft his rebel fubjects ; that he was ready to profecute their forfeiture
in parliament; that, on their condemnation there, he would confifcate their
eftates; that he would admit into his council perfons of fuch characters as the
queen recommended ; and was ready to confirm all thole things by his hand-
writing. That he would do the beft he could to fettle matters on the borders.
But he added, that it was reafonable the queen fhould lupply him with fome
money, both for refifting the Spaniards and his own rebels, whole power and
intereft was very great. He farther demanded, that the queen fhould punifh
thole of her fubjects who favoured Bothwell; and as the conduct of that man
had been fuch as to render him deteft able to all princes, he demanded that, if
he were found in England, he fhould be delivered into his hands.

Soon after Borough's departure, Sir Robert Melvill was lent to the court
of England, to fettle an aid of money for profecuting the Popifh lords, and
Gamd. p. 604. alfo to have Bothwell delivered into his matter's hands. That wild unfteady
man had, for fome time part, been an humble fuppliant to the queen of Eng-
land for her protection, and her intereft with the king on his behalf-, promifing
to ferve him faithfully, and to root out the Spanilh faction in Scotland. Thele
inftances of Bothwell were feconded by fome in Scotland, who perfuaded the
queen that the king was too favourable to the Popifh lords; upon which
Melvill was told, that, agreeably to former treaties, the queen would either
reftore Bothwell or expel him from England : but as to the aid requefted by
the king, it was only ftipulated by treaty to be given againft foreign invaders.
A fmall fum however was granted of the queen's good-will. But Bothwell,
inftead of fuffering either imprifonment or exile, did, by the help of his
Spotfw. p. 394, friends, the Stewarts, make his, way about this time to the king's prefence at
Cafd'etwood. Holyrood-houfe ; and by the power and influence of the fame faction J, the

king

J Bothwell and his friend Mr. John Colvill were introduced into the king's chamber by the
countefs pf Athol. The king feems to have discovered more than ordinary ip.nt on this occafion.
Spotfwood relates, that they entered the prefence-chamber with drawn (words ; and that when the
king perceived them, " he cried aloud treafon, trenfon : they, falling on their knees, adds the
" prelate, called for mercy; nay, fuid the king, you have diflionoured me; and placing himfelf in
" his chair, Strike, traitor, faith he, to Bothwell, and make an end of thy work, for I defue not

" to

ENGLAND AND SCOTLAND. 65i

'king was obliged to promife a pardon to him and his accomplices, and to James vr.
reftore them to their pofTeffions. He farther promifed to debar from his pre- K ' olSco ' i '" i -
fence, the chancellor *, Glamis the treafurer, the lord Home and Sir George J59T"
Home, until a parliament, to be held in November, fhould confirm his prefent
conceflions.

The king in a few weeks found means to emancipate himfelf from this Spotfwood.
flavery. Having called a convention at Stirling, on pretence of concerting
mealures for quieting diforders in the Highlands and marches, he obtained
the advice and concurrence of that affcmbly, for recalling the grant lately
made to Bothwell, as being extorted, and for alTcrting his right as a free
prince to require the attendance and fervice of any of his fubjects at his .
pleafure. In confequence of thefe refolutions, the lord Home, the matter of
Glamis, and Sir George Home, returned to court on the laft day of conven-
tion, as did, not long after, the chancellor of Maitland f. The kino- alfo,
with the approbation of the fame convention, fent a mefiage to Bothwell,
offering pardon to himfelf and his followers, upon his fupplicating for it anew;
•the grant at Holyrood-houfe having been accompanied with fuch circumilances
as made it of no validity. This offer, however, was made, on condition of
-the pardon being petitioned for within a fixed time, and of his afterwards
abandoning Scotland, during the king's pleafure. Bothwell confented, bur,
•enraged at hearing of the lord Home's return to court, he threatened to
-oblige the king to obferve the agreement at Holyrood-houfe, and with that
view appointed to join forces with Athol at Stirling •, but the king being at
Linlithgow, attended by feveral noblemen, Bothwell durft not keep the ap-
pointment. Athol accompanied with Montrofe came to Stirling, but Both-
well not meeting him, he dilTembled his purpofe, and retired towards Down.
He was, however, clofe purfued, by the company who were with the kino- ;
and lord Home, commanding the avant-guard, took Montrofe and fome of
his men prifoners, and ufed them roughly. Montroie alfo diffemblino-, and
complaining as if he had been the party injured, was difmiffed -, on promifing
to attend the council to anfwer for his conduct, when called. Bothwell was
fummoned to appear before the council, but refuting to obey, was again 'i

denounced rebel jt.

" to live any longer. He protefting with many oaths, that he came only to beg pardon, and to
" put himfelf in his majefties will ; the king replied, That mercy extorted by violence, was not
*' mercy, and that it was not the form ot fupplicants to come with weapons in their hands. ''
Spotfw. p. 394.

* Maitland, the chancellor, having offended the queen, hail, by her influence concurring with
the failion of his old enemies, been driven from the court, in tlie end of the preceding year. The
king nas about this time purpofing to bring him back; and to oppofe this reliituiion, Maitland's-
^enemies brought Bothwell to court. Spotfw. ib.

f Lord Hom*-, on his rtturn to court, levied a guard of fifty horfemen, with which he guarded
the entry to the king's chamber; and chancellor Maitland, on his return, was accompanied by i-ir
Robert Ker younger of L'efsford, and his followers, to the number of two hundred nK-n in arm?.
Moyf. p. 211.

J This denunciation againft Bothwell and his fiiend-;, the laird of Spot and Mr. John Colvill,
was, according to Moyies, made on December 11. On that very day, Sir Robert Kei travelling

4 S lir.iv-

682 THE B ORDER- H ISTORY OF

oSJnt&i ^° k r ' n S t0 0l "der Farniherfl, Hunthill, and others of Bothwell's friends,

. ° " g a " 'i the king made an expedition to Jedburgh, accompanied by lord Home and
1593. Cefsford, who probably ferved the more zealoufiy againfl: Bothwell, from their

Sp °oa. P iz. 97 ' h°P es of having a (hare of his fpoils. When the king came to Fala in his
journey fouthwards, the Popifli lords, Huntley, Angus, and Errol, threw
themfelves at his feet, fupplicating pardon. In confequence of the king's remifT-
nefs, and the interell of their friends, the profecution of thefe lords had been
very ineffectually carried on. In. a parliament held in fummer, they efcaped
oI . forfeiture by fome defect in the libel that was framed againfl: them. They

p.Tig* ' had fince that time been in fecret correfpondence with the king ; and it was

believed to be with his privity, that they came now to him at Fala. The lord
Home, who was a Papift, was alio fufpecled to be an inftrument of introduc-
ing them. The king required them to attend at Perth, on a day which he
fixed for their trial there. The eftablifhed clergy, extremely jealous of an ill
meaning in thefe tranfactions, met in great numbers at Edinburgh, and being
joined by feveral barons who profefied zeal in the matter of religion, did not
wait the king's return from the border, but lent a deputation to him at Jed-
burgh, remonflrating againfl the indulgence fhewn to the Popifh lords, and
the nearnefs of the day appointed for their trial ; and at the fame time declar-
ing their fixed purpofe, to appear as their profecutors, before the tribunal
which was to judge them. They complained alio of lord Home's entertain-
ment at court. The king was much difpleafed both with the convention itfelf,
and the addrefs that they fent. He gratified them however by delaying the
trial of the earls, and vindicated his keeping Home at court, as that lord was
in a courfe of inflruftion, in order to his converfion from Popery *, which ic
was hoped would in a fhort time certainly take place. Soon after, a conven-
tion of eftates, held at Linlithgow, refolved on a new method of proceeding,
with regard to Huntley, Bothwell, and Errol. They empowered a committee
of their number to receive propofals from thefe lords, and to determine con-
cerning them ; but the award of this committee, by which the lords were to
keep their eftates, upon their leaving the country within a limited time, was
exclaimed againfl; by the church, and by all whom either zeal or faction made
of their party, as betraying the caufe of religion, and repugnant to repeated
declarations made by the king.

It is probable, that the attention and zeal of proteflants with regard to
religion, and their jealoufies of defertion from it, or plots againfl it, were
much quickened, by the reconciliation of Henry IV. of France to the church
of Rome, which happened in the preceding fummer. This event gave much
grief and vexation to Elizabeth -, but the war in which fhe was embarked

homewards, met with the eail of Bothwell on the high- way near Humbie. Each of them was
attended by a fervant, and the mailers and their fervants engaging, two and two, on horfeback, a
tedious combat was fought, in which, Cefsford's fervant was hurt on the cheek. Both parties
being wearied with fighting, agreed to feparate, for that time ; and Cefsford returning to Edin-
burgh, carried the news to the king of this odd rencounter. Moyf. p. 221.

• On the 2 2d of December, lord Home fubferibed the Confeflion of Faith of the Church of
Scotland, before the Prefbytery of Edinburgh. Cald. p. 303.

with

ENGLAND AND SCOTLAND. 68j

with the king of Spain, the common and very potent adverfary of Henry and Nmeivi.

. ■■./•!■ i ,,ii r i /- -i -1 t irri n. K. of Scotland.

heiielf, did itill preferve a dole union betwixt them. It was alio or the utmoit . _j.

confequence to Elizabeth's fafety, to fhut againft. the ambitious Spaniard the 159 j-
door of Scotland ; through which, the weaknefs and unfteadinefs of James,
and the bigotry and ambition of fome of his great men, gave hopes of enter-
ing England with many advantages. For obviating this danger, Bowes, her
reiiding ambaflador at the Scottifh court, as well as other agents employed by
her, appear to have dealt, at the fame time, with the king, with the male-
contents in church and ftate, with Bothwell, and even with the Popifh lords
themfelves *. As the friends however on whom me chiefly depended, were
the church and thofe attached to it, of whom alio the numbers and ftrength of
the nation confifted, fhe found it proper to join this powerful party, in com-
plaining of the lenity (hewn to the Popifh lords. For this purpofe, fhe lent a. d. i 59+ .
lord Zouche as her ambaffador extraordinary, in the beginning of the fol- p , »' s . V m 9 * V1 '
lowing year-, who was instructed to remonftrate againft the act lately made, as
being inconfiftent with the king's repeated promifes of coming to no terms
with the Popifh lords, without the queen's advice and conient. Fie was alio
charged, in cafe of the king's fhewing a purpofe to favour and fupport the
Popifh lords, and confequently to embrace the offers made him by Spain, to
declare that the queen was refolved to employ her utmoft power to oppofe the
landing of any foreign forces in Scotland, as fhe could not interpret fuch
landing to be made with any other view than to invade her own kingdom.
Zouche was alio commiflloned to treat fecretly with the lords and gentlemen
who were in the interefts of the eftablifhed religion, he was charged to allure
them of the queen's refolution to oppofe the landing of foreign forces in Scot-
land, and of her intention to afTemble forces on her own frontiers, to be ready
on any fuch emergency. He was to confult with them, about the proper
means of withftanding and humbling the adverfe party, and to promife them
the queen's countenance and aid in this work. He was alio to get information
of any perfons of note refiding near the march of England, who were friendly
to the caufe •, that the Englifh officers on the other fide might have proper
inftruftions, whom to truft and to favour, on every occafion.

The remonftrances of Zouche, together with the obftinacy of the Popifh
lords themfelves, in not accepting the offered conditions, before the time

• Thefe dealings are evident from various original papers, publifhed in Rymer, and particularly
from the iiiftruclions given by Bowes to George Nicholfon, who was fent by this ambaflador in
Ottober, to the court of England. It appears from thefe inflruftions, that Bowes, who was long
treafurer to the garrifon at Berwick, had tefided more than four years at the Scottifil court, afervice
of which he w.:s thoroughly tired, and which had been highly detrimental to his affairs, but from
which the queen would wt confent to recal him ; nor would (he even fuifcr him to m;ke a {hort
vj.it to England, though he earnellly ciefited it. He had, in the courfe of his treafurerfhip, fallen
confiderably in arrear to the queen ; and the captains of Berwick had alfo demands upon him, the
Satisfying of which, required his prefence in England, wheie his funds were ' fufiicient, could he
have had the opportunity of managing them. In the fame paper, Bowes takes notice that fundry
of lord Home's fervants, it was thought, with their mailer's privity, had fought to intercept his
letters and packets, and had aflaulted and hurt fome fcout-watchmen at Berwick. He defires to
be inflruSed, whether he mould overlook this behaviour, as he had done hitherto, or if he fhould
complain of it to the king, and a(k redrefs. Rymer, vol, xvi, p. 222.

4 S 2 limited

6? + THE BORDER-HISTORY OF

o ^rf&funi ''' n1 * lte ^ ^y t'hefe terms expired ; led the king, w'.tli the confentof his efbtes, KJ*

7* 3 _ r ' refotve th^c t'/iey Ihould ht brought to a trial In order to this, they vveie

^;9+. required, to f'jrrender rhemfclves prilbners in certain caftles ; but the influence

cv the Jel'jits who directed diem, and their hopes of foteign aid, nrade them*
Fvm roL »k P* 1 ™* > n defpifing the king's authority. Still no vigour or expedition was
p.132. irfed to iubdue them, notwithftanding the inftances and complaints of the-

En.glilh. am-affador, which were delivered in a manner fo imperious and
iVienacing as gave great offence to James. The ambaffador, in ptirfuance of
the vnltrudbom given him, in dealing with the anti-court party, fecretly en-
cor ( rHged Bothwell to make a new attempt to effect a change at court, in the
forcible method that had been fo long in fafhion, and had lb often fucceeded-
\i\ this feeble monarchy. The king having been advertifed of an inttnded-
Mcjrf p.!*;. enterprife of this nature, had commanded the well affected chieftains of the
Sporfi»ooJ.' borders, to afiemble a body of forces, in order to oppofe Bothwell, at his htit
entrance into the kingdom. Such a body, confifting of a thoufand men, was
actually aflembled at Kelfo, under the command of lord Home, and of the
lai'ds of Cefsford and Buccleugh •, but there being no appearance of Both-
Apni 1. -well's arrival, thefe forces left the town and difperfed. Immediately after,
Bothwell arrived from England with four hundred horfe well armed; and was
foon joined by lord Ochiltree with a hundred more. From Kelfo, Bothwell
marched next day to Dalkeith, and thence in the night to Leith, where he
arrived very early in the morning of the day following. On the fame morn-
ing, lord Home came to Edinburgh, with about a hundred and fifty horfe.
The kin?, having, in an harangue, addreffed to the citizens of Edinburgh, irv
their principal church, warned them of their hazard of being plundered by
the banditti of the borders, who followed Bothwell, and promifed to them to
profecute the- Popifh lords with the utmoft rigour, prevailed with them to.
iollow him againft the incorrigible rebel, who was braving him at lb fmall a
diftance. Bothwell informed of the king's approach, and difappointed in his
expectation of being joined at Leith by the forces of Athol and others, from
Fife, refolved on a retreat by the way he came. But lome cf lord Home's-
horfe, who were employed in obferving the motions of the rebels, approached
fo near as to provoke an attack from Bothwell. Home's fmall troop was
immediately broken •, and flying towards the king, who was with the citizens-
of Edinburgh and Cannon in the Burrow-Moor*, was vigoroufly purfued
by Bothwell and part of his company ; and in the purfuit, a few of the
fugitives were wounded and taken prilbners. The purfuit ceafed by Both-
welPs falling from his horfe, and receiving a bruife in his fall. He retired
however unmolefted to Dalkeith, where he paffed the night, and next day
marched to Kelfo, where having fpenr. the night following, his forces feparated*-

• The accounts given of the king's behaviour on this occafion by SpotfwooJ and Calderwood,
are quite oppofue. According to the former, the king being advifed, upon the flight of Home's
horfe, to retire to the town, declared his purpofe, not to quit the field to a traitor; but the latter
(ays, that the king came riding into Edinburgh at full gillop.

and

Camden*

May fi

ENGLAND AND SCOTLAND. 6%

and he and they retired to England *, or to fome of their wonted flculking- T J ™' vi.
places in its neighbourhood. k. of scoii^a.

A few days after, Zouche the Englifh ambaffador departed; and the kino- i, 9+ .

was fo rrr:ch offended by his haughty behaviour, in the courfe of I is rvegocia- ? p" lK " Jd -
lion, and by the detection of his corresponding with Bothwell, that he did
i o: vouchfafe him a farewell. Soon after, he lent ambaffadors to Eli abeth,
to comp'ain of the behaviour of Zouche, and of the protection given to
Bothwell f, and at the fame time to allure the queen of their mailer's purpole
to prolecute the Popilh lord?, and to requeft an aid of money to be employed
in raifing forces for that fervice. Elizabeth, befides her habitual parfin on 1 -,
had an invincible dread, that the king and his hungry couriers would fwallow
up and wafte her money, inftead of applying it to the ends for which it was
beftowed. On this head, the Scottifh ambaffadors could obtain nothing but
excufes and delays, or promifes fo general as to bind to nothing. It was eaiier
to gratify the king with regard to Bothwell-, and for this purpofe, a procla-
mation was made through all the Englifh borders, forbidding any perfon to
recei-. e or entertain him.

The excommunication ifTued by the general affembly of the church that
met in May, againft the Popifh lords £, and the prefling remonftrances of s^t'twoo/.'
that alTembly to the king, againft (hewing them any farther indulgence, were Cald " wood '
followed, in the fame month, by their condemnation and forfeiture in parlia.-

• The king complained to Zouche, that the queen had allowed Bothwell to be harboured in one
of her own houfes near the march, <viz. Norham. Ryra. vol. xvi. p. 2:2.

A paper without a date, containing certain matters, which Henry Lock, an agent between the
court of England and Bothwell, was to declare to the latter, in name of the Enghlh queen, blames
hh needlefsly wandering horn place to place in the border counties of her realm, fo openly as to
give king James cauie to complain of a breach of treaties, and particularly hi, coming to Berwick,
Carlifle, and other frontier places, in fuch fort as none of the queen's own fubjects ought to do,
without her commiffion, &c. Rytn. ib. p. 257, 258.

f Thefe amball'adors were, the lord Colvill and Mr. Edward B'uce. Spotfw. Toby Matthew,
at prefent dean, afterwards bifhop of Durham, writing to lord Burleigh, April g, fays, that
the difappointment of Bothwell's enterprife much rejoiced the Papills. He adds, " I pray God
" the king's proteilations be not too will believed, who is 3 deeper diffembler by all men's judgment
" that know bin beft, than is thought pollible for his years." He fubjoms immediately, " They
'• til; math in Scotland, of the weak provifions in Berwick, especially of powder; and ftick not
" to take notice hew little there was between Trent and Tweed, at that time the Spaniards were
" lad upon the coalt." Strype, vol. iv. p. 201.

In th-' fame letter, Matthew mentions one Athby who was then with him, and who having
undergone an examination btfoie the council of Scoiland, was afked, Whether he knew what
money the earl (Bothwell) received from the dean (Matthew) ? This Matthew mentions as a proof
of the king's good intelligence in the court of England.

J This affembly, not content with lord Home's behaviour fince the renunciation he. made of
Popery in the end of the former year, obliged him to renew it in their prefence, in the molt folemn
manner. They alfo obliged him, as a proof of his fincerity, to fwear and fubferibe feveral articles
of their dictating. Some of thefe were, " to entertain in his houfe Mr. Archibald Ofwald, as his
** ordinary pallor, or fome other, by advice of the prefbytery of Dunbar; to repair ruinous kirks,
«' and provide Sufficient ftipends for minifters within his bounds; not to reafon, or fufFer reafoning,
" againft the true religion, or any point thereof." The prefbytery of Edinburgh, upon rece vmg
information from any other prefbytery, that they (the other prefbytery) had found Home guilty of
contravening any of the articles, now fubferibed by him, were commiffioned by the affembly, to
excommunicate him fummarily, Caldenv. p. 303, 304..

mens.-

^86 THE BORDER-HISTORY OF

Elizabeth, merit. The fummer, however, was chiefly taken up, in preparations for a
<5i of England. mdl on\?iceni baptifm of prince Henry, who was born in the preceding winter.
1594. In the mean time, Bothwell deprived of protection from England, entered into
a league with the Popifh lords ; and undertook, by raifing difturbances in the
borders, to hinder the king from carrying his arms againft them. But his
lofin" the countenance and aid of Elizabeth almoft annihilated his influence
there. In the end of autumn, the earl of Argyle, a youth of eighteen years
of age, by commiffion from the king, led an army of Highlanders againft the
oa, 3. Popifh lords •, and coming to an engagement with them, near Glenlivit, was
defeated, although much fuperior to his adverfaries in numbers. But the
vidory coft the rebels i'o dear, that they were in no condition to take the field
againft the king, who, with a fmall band of hired foldiers, marched into their
country, foon after Argyle's defeat *. The king, having demolifhed fome of
their houfes, returned fouthwards-, leaving the duke of Lennox to manage
what remained to be done. Huntley, who had married Lennox's After, and
alfo Errol, offered to leave the kingdom, and to find fecurity that they fhould
not return without the king's permiffion, nor during their abfence practife
againft the church or ftate. Thefe conditions being accepted, Huntley and
Errol went over to France. A grant was made by the king of the forfeited
eftates of Huntley, Errol, and Angus, to the duke of Lennox, who allowed
the ladies of the two former, to receive the rents formerly paid to their
hulbands. Angus fkulked in his own country, and his chamberlains were
allowed to receive his rents.

In the fall of thefe lords, the ruin of Bothwell was involved, and againft
him the king's refentment was implacable. His brother, having been betrayed
by Colvill -f, who had been one of Bothwell's chief agents and confidents,
was publickly executed. Bothwell himfelf, having firft paffed to Caithnefs,
did thence make his efcape into France. He afterwards went to Spain and
Moyfcs, p. 138. thence to Naples-, where he died, after having lived feveral years in poverty
and contempt. His forfeited eftate was divided between Buccleugh, Cefsford,
and lord Home. Buccleugh got the lordihip of Crichton, Cefsford the abbey
of Kelfo, and lord Home that of Coldingham ; and thefe feveral eftates
became the real property of the perfons to whom the grants of them were
made.

The great fuccefles of Henry IV. which followed with rapidity his recon-
ciliation to the church of Rome; and the open aid long given by the king
A. d, 1595. f Spain to his enemies, prompted him to make, in the beginning of this year,
an open declaration of a war againft Spain. But as the beft and mod ufeful
ally both of Henry and the States, was queen Elizabeth, whofe naval power,
often exerted under brave commanders in Europe and the Weft Indies, was
Philip's greateft annoyance, it was the chief wifh of this ambitious monarch,
effe&ually to humble the Englifh queen, and, if poffible, to make a conqueft
of her kingdom. For this purpofe, he ftirred up, by his money and agents, a

• Tlie earl of Morton was appointed lieutenant in the fcuth parts, until the king's return; it
being apprehended that Bothwell would make fome new attempt. Calderw. p. 306.
f Colvill, had during fome part of the late troubles, refided at Twcedmouth. Spotfw.

rebellion

ENGLAND AND SCOTLAND. 687

rebellion in Ireland, which produced much trouble and cxpence to Elizabeth ; J am « vi.
he alfo made vaft preparations for a new expedition to England; for repelling K-ofScotiand.
which, Elizabeth armed great numbers of her fubjects, to guard her coafts; 1595.
and fitted out two fleets, one for the defence of the Britifh leas, and another
under Hawkins and Drake *, againft the Spanifh dominions in America.

By the expulfion of Bothwell, quiet was reftored, on the eaftem part of
the marches, between the kingdoms ; but the wertern part continued in great
diiquiet, from the feuds between the Johnftons and Maxwells, which arofe to
an extreme height, after the lord Maxwell was killed in December 1593, in
a conflict with the laird of Johnfton at Lockerby. Nor was the king, even
after being freed from the diftrefs given him by Bothwell and the Popifh lords,
able to compofe thefe ftrifes, or to prevent another encounter this year, be-
tween the exafperated clans ; in which feveral were killed, and the Maxwells Muyfa,p. » 39 ,
were again the lofers. The queen of Scotland, having caught, as it would s P otfwood '
feem, the fpirit of the nation, formed a plot for taking her fon out of the
hands of his tutor the earl of Mar ; for accomplishing which purpofe, fhe
entered into a concert with the chancellor, Glamis, Cefsford, and Buccleugh.
The king, having in time difcovered the project, took effedual meafures to
prevent its execution •, and the afperity with which, on this occafion, he re-
prehended his chancellor, is faid tg have haftened the death of that minifter,
which was no fmall lofs to the king and kingdom -f.

The fame of the vaft preparations in Spain, for fending forth a new Armada R» m D v i7«i.
againft England, daily increafing, the king of Scotland began the following p- *86.
year, "by emitting a proclamation, to warn his fubjecls of the impending Camden *
hazard, which he reprefented as equally threatening their religion and liberties
with tbofe of England. He called upon them to renounce their barbarous
private enmities; which fa much difgraced and weakened his kingdom. In
particular, he charged the inhabitants of the borders, under the higheft

• In this expeJition Drake died 28th of January 1596.

■f Chancellor Maithnd entered into this project, from his emulation of the power and credit of
the earl of Mar. He died on the 3d of Oflober at Lauder, and is faid to have wifhed, when on
his death-bed, that he had built an hofpita!, when he built hii caftle of Lauder. Caldenv. p. 310.
James regretted the death of this minifter very much, and wrote in honour of his memory a copy
of verfes, which, as Dr. Robertfon obferves, ' when compared with the compofitions of that age,
' are far from being inelegant.' I have fubjoined them for the reader's perufal.

Thou paflenger that fpies with gazing eyes

This trophy fad, of death's triumphant dart,

Confider when this outward tombe thou fees,

How rare a man leaves here his earthly part.

Mis wifdom and his uprightneffe of heart,

His pietie, his praclife of our ftate,

His quick engine fo verft in every art,

As equally not all were in debate.

Thus juftly h-ith his death brought forth of late,

An heavy grief in prince and fubjecls all,

That virtue, love, and vice, do bear at hate,

Though vitious men rejoices at his fall.

So for himfelf moil happy doth he die,

Though for his prince it molt unhappy be,

penalties,

688 THE BORD FIR- HISTORY OF

Ei:rabetVi, penalties, to defift from all hoftile attempts againft England; to which, he

.' ° " g3 ". ' affirmed, they were excited by the emiffaries and money of Spain, as they had

1596. formerly been on the like orcafions. He required them to cultivate friendship

with their neighbours, wi.h the utrnoft care-, and the wardens and officers to

■-Burleigh'; DUry punifh wrongs done to the Englifh with the fame rigour, as thole committed

m Muid.n. againlt his own fu^eds. In return for this expreifion of friendfhip, the

queen of England ifiued orders of the fame kind.
fpjtfw. P . 413. Thefe pacific difpofitions of the fovereigns were not fufficient to hinder a
&£ * great outrage, that was foon after committed in the well: borders of England.

The laird of Buccleugh being keeper of Liddildale, his deputy had held a
meeting for ordering affairs ot the borders, with the deputy of lord Scroope,
v»ho was warden on the other fide. It was an ancient law of the marches,
that the truce which was proclaimed at the opening of any of thefe meetings,
fhould continue until the next day at fun-rifing. But in violation of this law,
William Armftrong, a noted thief, who had been at the meeting with the
■Scottifh deputy, was, -on his return from it towards the ufual place of his
■refidence, purfued and taken by rhe Englifh, and carried a prifoner to the
•caftle of Caddie. Buccleugh, having complained in vain of this violence, to
the Englifh warden lord Scroope, and to Bowls, the Englifh ambaffador at
the Scottifh court, did at laft engage the king to demand the reftitution of„
the prifoner at the Englifh court ; but nothing being obtained in return but
excufes and delays, he entered the caftle of Carlifle by a bold afTault in the
April ij. right, and carried off Armftrong in triumph to Scotland. This produced heavy
complaints from the queen of England, and urgent demands of redrefs ; while
James and his nobles endeavoured to protect Buccleugh, and to juftify his
■conducl, as being fufficiently warranted by the tranfgreffion on the part of the
Woyf. p. 144. Enalifh. At laft, to gratify Elizabeth, it was found necefiary to commie
Buccleugh a prifoner in St. Andrew's ; and afterwards to lend htm into Eng-
land, where he did not continue long.

The union of Elizabeth with Henry IV. of France, which was ftill more
clofely cemented in the beginning of this fummer by an offenfive and de-
fensive league concluded between thefe princes againft Spain, the fuccefsful
expedition of the Englifh againft Cadiz, and the deftruftion by a ftorm of a
Spanifh fleet bound for Inland ; thefe circumftances and events co-operated to
the increafe of the glory and power of England, and to make Spain lefs
ioimidable. The Popifli lords in Scotland, difappointed of their hopes of
foreign aid, became more tractable; and Huntley and brrol being permitted
to return home, the king, with the confent of his eftates, offered to reftore
thefe lords, together with Angus, to their lands and honours, on condition, that
all of them lhould abjure Popery, and fatisfy the church. This was much
retarded by the oppofition of the clergy ; over which, the king did at laft
prevail; and being now freed from any apprehenfion of difturbance in the
northern parts of his dominions, he was in a better condition to take meafures
for relloring quiet on the marches towards England ; which became daily
aioie and more necefiary, from the frequent mutual incurfions that had been

made

SpotCwood.

ENGLAND AND SCOTLAND. 6^

made on the weilcrn border, ever fince the enterprifc of Buccletigh azainfi: „ /•■ e *V».

f, ,.„ ' f O o K. of Scotland.

Carlifle. __,,

For quieting thefe dilhirbanees and redrelTing injuries, recourfe was had to »i9<>-
the accullomed method of appointing commiflioners of both nations, to meet
nigh the fcenc of the diforders that had been committed. This appointment Rym. vol. xvi.
of commillioners was made before the end of 1596; and the place of their N, c 3 n ° 7 i W .
meeting was Carlille*. They had in charge to hear, determine, and redrefs all b rder-Law^
atrempts and wrongs committed in either realm, lince the lall: meeting of com- p- I0J ' &c "
miffioners at Berwick in February 1587 -]- i and alfo, to give due anfwer and
redrefs to fuch bills, as the faid commillioners had ordered to be anfvvered and Bord "- Lawf -
fatisfied, but in which fatisfaction was not yet made J. This was a work that Art. »6.
employed the prefent commillioners for feveral months, while the good effects
and happy ilTue of it were retarded, and in hazard of being defeated, by the
outrages committed in the mean time on the eait and middle marches. The
acts of violence perpetrated by the Scots, were the more intolerable to the R y™< To1 - "'•
queen of England, becaufe one of the ringleaders in them was Buccleugh ; Carey"! m m.
for whofe enterprile at Carlille fhe had not yet received fatisfaction. The p- ii8 > &c -
banditti alfo in Sir Robert Ker's diftrict, were led or encouraged by him, to
frequent depredations on the eaft marches •, where the diforders arofe to a
greater height, from fome particular quarrels between him and Sir Robert
Carey, lord Hunfdon's fourth Ion, who had lately fucceeded Sir John Selby as
deputy-warden of the eaft-marches, and was a perfon of no lefs high and bold
a fpirit than Ker §. Elizabeth was lb much incenfed by the accounts received
from her wardens of the excelTes committed by the Scottifh marauders, that,

• The date of the Englifh commilTion is Oftober 2, 1596. In the Scotti/h commiffion the year
is only mentioned. Thefe commiliions are annexed to the treaties in the Border-laws. The Englifh
cotnmiffioners were, Toby (Matthew) bifhop of Durham, Sir William Bowes, Francis Slingfby
efq; and Clement Colmer, LL. D. The Scottilh were, Peter (Rollock) bifhop of Dunkeld, Sir
George Hon e of Wedderburne, Andrew Ker of Fawdohfide, and mailer George Young, arch-
deacon of St. Andrew's.

f In Border-laws, the lafl meeting of commiffioners is faid to have been in 1587. This is a
millake ; the lafl meeting was at Berwick in 1588. Above, p. 671.

% In an account of Scottifh affaiis, fent from Robert Bowes the Englifh ambafTador at the Scottifh
court, by George Nicholfon, to lord Burleigh in the end of 1596, mention is made of an inroad
that had been lately made into Scotland by Mr. Henry Wodrington, in which he had fpoiled the
town of Cavers, belonging to Douglas, fheriff of Tiviotdale. King James fent the laird of Polwarth
and Mr. Gideon Murray to inform Bowes of this, and to require redrefs of it before the com-
miffioners met: upon which Bowes wrote to lord Eure, defiring him to do fpeedy juflice for this
outrage, upon redrefs being made of the like injuries done to the people uithin his wardenry.
But Bowes adds, that thefe mattere would probably lie over until the meeting of commilfioners.
Rym. vol. xvi. p. 307.

§ Sir Robert Carey received at the fame time, by refignation from his father, the keeping of
Norham caflle, for which 140/. was paid out of the revenues of the bifhoprick of Durham. But
<>f this, Sir Robert paid to his brother John marfhal of Berwick 103/ per *nn. all the time that
John held that office, which wasrprobably until the death of the queen. Soon after, Sir Robert
received the entire charge of the eaflern march, upon the death of his father in 1596, though
without either the commiffion or pay of warden for the greatelt part of two years. Hii
neceffi:ies drove him at lafl to repair in perfon to the queen's prefence, and fortunately he found her
fo gracious, as to order him 500/. in payment for his pad fervices, and to give him a commiffion
for the wardenry of the eaft-march. Carey's Mem. p. 135, Sec. ■

4 T when

€ 9 o

THE BORDER- HISTORY OF

Art. I,

Eitnfceth, when the commiffioners ac Carlifle were on the point of fubfcribing their treaty,
^.".ifo. ", fhe ordered Sir William Bowes, one of thefe commiffioners on her fide, to
1596. repair to the Scottifh king, to remonftrate, in the drongelt terms, againd the
injuries done by his fubjects. Bowes was ordered to carry with him an abdract
in writing, of the excefies lately committed by the Scots ; to afllire the king,
in name of his miftrefs, that the remote fituation of her borderers from her eye
and preience, did not at all leffeh her care of their prefervation ; and that, in
compaffion for their fufferings, fhe was refolved to fend fuch forces as would
be fufficient to reprefs the infolence of the banditti who annoyed them.
A. d. 1397* Notwithftanding thefe difturbances, the commiffioners proceeded in their
bufinefs, of ordering complaints brought before them, from all the marches
of both kingdoms ; and being led by the diicuffion of thefe complaints, to a
difcovery of the caufes from whence they proceeded, they agreed on feveral ar-
B<J«!L*« ticks, by which former good orders were enforced, and new regulations made,
t , 103, &c for redreffing pad, and preventing future wrongs. Such regulations had
become extremely neceffary, from thelawlefs and dilbbedient diipofition of the
greateft part of the inhabitants of the marches, emboldened by the long negli-
gence or connivance of officers ; in confequence whereof, many places of both
borders were reduced to a ftate of defolation.

The fird article of this treaty does honour to the character of the prelates of the
church, one of whom flood firft in the lift of commiffioners from each nation.
In this article, it was refolved, that the fovereigns of each kingdom fhould be
addreffed, to order the fettlement of minifters at every border- church, for the
fake of reforming and civilizing the inhabitants, by their falutary inftrudtions
and difcipline ; and that for this purpofe the decayed churches fhould be
repaired ; and that for the fafety of the perfons of their paftors, and due refpect
to be paid them in the difcharge of their offices, the principal inhabitants of
Art. 2. each parifh fhould give fecurity to their prince. It was in the next place

agreed, to requeft the fovereigns on either fide, to eftablifh a council in every
march, confiding of the perfons of bed character reliding within its bounds,
who fhould hold meetings twice a year, in order to concert meafures for pre-
venting fuch enormities and mifchiefs, as had of late abounded in the borders.
The time and place of thefe meetings was to be appointed by the commiffioners
of each kingdom : and in a fubfequent article, it was agreed, that thefe
* rt -7« councils fhould at their feveral meetings, after diligent inquiry and trial, make

up lids of all notorious thieves and robbers within their feveral wardenries ;
copies of which lifts, they fhould delive.- to the wardens, who, upon the firft
trefpafs that any offender thus enrolled fhould thereafter be duly convicted of
committing, fhould immediately put that offender to death ; or in cafe he were
fugitive, fhould caufe him to be proclaimed fuch, according to the cuftom of
the marches, and his houfe to be immediately demolifhed and dedroyed.
Art. 3,4>5« xhe time for the wardens fhewing annually their commiffions .to each other,

and for reciprocally giving and receiving their oaths faithfully to adminifter
judice, agreeably to former treaties, was now more precifely fixed, to a day
of Treves', to be holden, within four days after Mid-fummer. By the oaths
jud mentioned, every warden was particularly to engage to fpeir, file, and

deliver.

ENGLAND AND SCOTLAND. 6 9 t

deliver, upon his honour, for the wrongs committed by any within his diftridt, J»mnvi.
againft the inhabitants of the oppofite realm, within fifteen days after being ' ° c °' * n f '
required to do lb by his oppofite warden ; if the number of perfons concerned 1597.
in the enterpriie exceeded five, and provided requifition were made within
forty-eight hours after committing the attempt. And if any warden, of whom
fuch requifition was made within that time, Ihould delay his return longer than
fifteen days *, he himlelf fhould, in punifhment of his neglect of duty, be
obliged to redrefs the wrong charged f. In cafes of flaughter, befides the Art - 9*
former treaty made thereupon ftanding in full effect and force, it was now
ordained, That the wardens Ihould for the future do juftice within fifteen
days after being required by their oppofites, under the penalty of 10/. fterling,
to be paid to the party grieved, by the warden in default, for every month
during his delay of juftice. For the fame purpofe of fpeedy execution of ArU l0t
juftice, it was ordained, That any warden, having concern with two oppofite
marches, in cafe of denial of juftice by either of his oppofite officers, Ihould
neverthelefs proceed in juftice with the other, leaving the refufer, to be called
to account for his conduct, by his own fovereign.

The confequence of wardens or keepers J riding in perfon, or directing An. 6.
others to ride, in hoftile manner within the oppofite realm, being found
dangerous to the peace between the nations ; fuch incurfions were now for-
bidden under the higheft penalty, unlefs where the officer fhould be warranted
by a fpecial command, under the hand and feal of his prince. Thofe who
accompanied or obeyed him, if not thus warranted, were declared to be cut
off from redrefs of all wrongs done them, before the time of fuch unlawful
inroads •, while the parties aggrieved by them fhould obtain fatisfaction, ac-
cording to the laws of the marches.

Inftead of the hoftile methods of proceeding which were thus reftrained,
divers new regulations were made, in order to cut off the fources of ever- Art. 1.
returning mifchiefs, and to excite the diligence and ftrengthen the hands of the
wardens. The mortal quarrels or deadly feeds, which the friends of any
villain maintained againft thofe of the oppofite realm, who had killed him,
or profecuted him to death, in however juft a manner, were the caufes of
great and continual diforders. With regard to all fuch feeds, either then

• The return was to be made by the warden's writing in the margin of every bill, that was Art. j,
either Curtained or rejected (filed or cleared) by them, foul or clear as I am verily per/haded upon
my confcience and honour; and where more offences than one were charged in any bill, the de-
fendant was not to be confidered as found guilty (filed) of more of them than fhould be particularly Art< 2It
mentioned in the margin. It was alfo declared, that all interlineations in fuch bills fhould be of no .
effeft, unlefs made with the privity and confent of the commiffioners or wardens by whom they
were tried ; to afcertain which, the principal complaint fhould at the time of delivery be produced,
as well as the order made upon it.

f In cafes alfo where the warden delivered his own officer, as a pledge for making good the Art. iz,
penalty of any bill fuftained before him, and afterwards, as was ufunl, borrowed him back from the
oppofite warden on his word ; it was ordered, that, if in the mean time, the offender himfelf
ihould die, the warden fhould pay the fum due from him to the purluer; and feek his relief as he
btft might, upon the heirs and executors of the deceafed.

X The mention of keeper, probably relates to Bucdeugh's office of keeper of Liddifdale, and his
aflault on the caltle of Carhfle. Above, p. 688.

4 T 2 fubfifting,

692 THE BORDER- HISTORY OF

Elizabeth, fubfiiting, or that fhould afterwards arife, upon notification made to the
> " "t™ '• warden, to whofe diftri(ft the perfon bearing feed belonged, that warden was
1597. ordained to apprehend him, and oblige him either to renounce the feed by

writing under his hand ; or if he refufed, to deliver him to the oppofite
warden, to be detained until he fhould make the renunciation required, and.
An, 17,18. find fecuriry to that effect, to the content of the puriuer. In the fame view
of preventing revenges, it was ordained, If any man for the future, fhould
offend another in word or deed, for filing any bill againft him, he fhould,
befides fuffering punifhment, according to the quality of his offence, be de-
barred for ever from back-billing againft the avower. And in order to hinder
fraudulent delays in the practice of back-billing, which were intended to
difappoint the avower of the proofs he might be able, at the time of giving
his evidence, to produce for verifying his word ; it was ordained, that thofe
who back-billed againft any avower, fhould do it at or within the interval of
forty days after filing of the bill, or otlierwife be cut off for ever from that
remedy ; and, that an opportunity might not be wanting of doing this,, every
warden fhould be bound to hold warden-courts for difpatch of juftice, within
twenty days after being required by the party, under the pain of paying himfelf

Art, 13, the damages incurred by the bill being fuftained *. To diminifh as much as

poffible the number of offenders, the wardens were appointed to take care
that no perfons known to be idle, and unemployed in any honeft fervice or
trade, fhould be entertained by the Iroken borderers, (ita) or fuftered to lodge
in border-villages or alehoufes ; but fhould certify all who fuffered them to
remain on their grounds, that they fhould equally be liable to profecution for
thefts committed by fuch vagrants, as if they themfelves had been the refetters

Art. 19. of the goods ftolen. And farther to reprefs and intimidate the entertainers and.

leaders of thefe banditti, it was ordered, that caufmg or commanding, being
charged in any bills of complaint, fhould be no lefs criminal than pofl~eJfing„

Art. i*» Jlealing, and refetthig. In cafes of forcible and violent theft, and of violent,

refiftance to thofe engaged in the hot and frefh purfuit of thieves; or of
fecret ftealing, accompanied with bodily hurt of men, women, or children ; it,
was ordered, that, befides the ufual redrefs of the goods ftolen, any one of
the offenders whom the complainant fhould chufe, fhould be delivered to the
oppofite warden, to be punifhed at his difcretion, according to the quality of'
the offence.

• Theft articles are given very neatly in the words of the original. The practice of back-billing
and the term avoiver, do not occur in former treaties ; nor is their meaning clear here. In general,,
the *wivtr feems to be an evidence or witnefs produced by the complainant, in fupport cf his bill;
and by back-billing againll the avower, are we not to underfland, giving in a bill or complaint
againft the witnefs of the plaintiff? When the complainant had an avower and made ufe of him •
in profecuting his bill, it appears by Art. 25, that he had a title to claim double andjaivfey, that:
is, as feems evident from former treaties, the principal and two doubles. Compare p. 81. 112.
with pages 80. rjj. ici. in the Border-Laws.

An old poet quoted by Dugdale in his account of the ancient race of the lords Willoughbys of.
Ertdby, calls St. George his only avower. Dugdale's Peerage, vol. ii. p. 86.
Row holj St. George mint only ewwtr,

ENGLAND AND SCOTLAND. 6 93

To prevent malicious and falfe accufations, it was ordained, that if any JamwVi*

perfon fhould malicioufly and without caufe procure the arreftment of another ■" "" ^ -

to a day of trewes, the warden, on difcovering it, fhould order the party fo rs97«

molefted to be fatisfied for his lols and expences. And for the betier pre- Art - 14 *

vention as well as conviction of t'lis diforJer, it was appointed, that the plaintiff

ihould take his oath, that he was perfuaded he had juft caufe to profecute his

bill againft the perfon whom he haeh procured to be arrefted ; alio in fwearing Art ,6<

of bills themfelves, in time to come, it was ordained, that every man fhould

fwear his own bill, or otherwife have no delivery for it * -, to hinder alio the Art - *5«-

moleftations to which honeft people were expofed, by the neighbourhood and

intercourfe of fo many thieves, it was ordained, that, in cafe any perfon

poffeficd bona fide ftolen goods riot knowing them to be fuch ; and were not

fued for them within year and day, the goods fhould ever after remain with

him as his rightful property. But if within that fpace, he fhould be fued for

the fame, he Ihould be obliged to make fufficient proof of his innocency, and

Ihould name arefponfible dealer -f-, of whom he had received the goods. Buc

it was alfo declared, that this regulation fhould not excufe any perfons privy

to theft, or that were anyways biders, concealers^ or keepers up of ftolen goods;

but that all fuch offenders fhould be punifhed, according to ancient laws and

cuftotns.

It was not unufual for a borderer of one nation to be bound for one of the
other, and: fuch bondfmen had often the fums to pay for which they became
engaged. In fuch cafes, the perfon for whom the fecurity was given, or if he Art - 2 °> ***•
died, his heirs, executors, or afiigns, were to be adjudged by the wardens to
repair the fum to the furety, or in cafe he died, to his heirs, executors, or
affigns, in the bond : provided always, their intention J and claim were proved
either by a fufficient bond in writing, or by a lawful vower § of the oppofite
nation, agreeably to cuftom and treaties. It was alfo agreed in general, with
regard to actions of debt, that unlefs both parties, or at leaft the party
defendant, were inhabitants within the march, thofe actions fhould not be
tried before the warden, but before the ordinary judges ; in which caie the
Englifh march fliould be underftood to extend from Newcaftle and Penrith;
and the Scotch from Edinburgh and Dumfries, exclufively.

The remaining articles of this treaty, were chiefly defigned to carry into
fpeedy and effectual execution the relolutions and orders of the prefent com-
miffioners. The wardens on each fide were ordered, before the laft day of Art. 24,15*.
June, to make up lifts, as complete as poffible, of fugitives from juftice who
were fheltered in the oppofite march ; which lifts they were to fubferibe, and to
tranfmit to the wardens on the other fide, together with a requificion for appre-
hending and delivering thofe fugitives, agreeably to treaties. This the oppofite
warden was to perform with the utmoft lecrecy and diligence. And if he could.

* This is faid in the treaty to be for efc&e-zuing of perjury,

•f In the printed copy it is debtor, by miita!;e.

J Intention, fo printed, perhaps interelt.

\ So in printed copy. Is not vower the fame with-avower ?■

not:

( 9 4 THE BORDER-HISTORY OF

EKiabeUi, not apprehend them, he was to declare, and caufe them to be declared, fugl-
es of Eng an . t - ivcs (j iro ughout his own and the other marches-, he was alfo to demolifh their
1597. houfes or fhiells, and not to fuffer them, for the future, to be refetted in his
march, under pain of being reputed an entertainer of enemies to the public
peace between the nations, and of being anfwerable to the party aggrieved for
all the injuries committed by thefe fugitives. It was farther ordered, concern-
ing complaints that were yet remaining unfettled, if there were any fuch, that
the wardens fhould, before the 10th of June, interchange their rolls with their
oppofites ; and that within eight days after, thefe wardens or deputies, meeting
at the ulual places, fhould return them to their oppofites, either luftained or
rejected upon their honour, under penalty of paying themfelves the damages
charged in the bills left undecided. But this manner of proceeding was to be
fo underftood, as not to preclude the complainant from ufing an avower, if he
had any, and thereby claiming double and fawfey *.

For the better afiurance of delivery and redrefs of all bills fuftained by the
commiffioners during the prefent negociation, as well as of thole fuftained by
the laft commiiTioners in 1588, but not yet fatisfied ; and for preferving quiet
Art. 3 «. on the border until full delivery was made for both ; it was ordered, that out

of every firname of thievifh clans, on either fide, and in proportion to the
numbers of thefe clans, two or more, to be choien and named by the oppofite
officer, fhould be delivered to the faid officer, as pledges for fatisfying the bills
Art. 27. fuftained againft themfelves, and the reft of their firname. But where the

border-men, and others againft whom the bills were fuftained, were not of any
known clan, then the wardens were each of them to enter a gentleman, to
remain with the oppofite warden until full fatisfaction fhould be made for fuch
bills as he was entered for. Thefe deliverances or entries were to be made
betwixt the date of the prefent treaty and the firft of July next enfuing; and
the princes, on either fide, were to be addreffed, to fee this article put in
execution.

The pledges, when entered, were to be kept at their own expence, by per-
fons with whom they had no feed or variance. Their continuance in the
oppofite realm was to be no longer than until the bills for which they were
pledges were duly fatisfied and redrefied. If any of them fhould die while in
the oppofite realm, another of the clan, to be named by the oppofite officer,
was to enter in his place. Thefe pledges for the thievifh clans were to procure
the bills fuftained againft their whole firname to be redrefied within a year and
day from the date of the prefent convention ; and if this was not done, it
fhould be in the power of the prince, or of the officer with whom they re-
mained, to put them to death ; or to retain them, at pleafure, until full
Art, 34, 35. fatisfaftion were made. And this obligation on thefe pledges, to procure, at
their own peril, reparation from their friends, was to extend, not only to bills
already fuftained, but to all fuch as fhould be fuftained, from the breaking up
of the prefent meeting of commiffioners, until the day mentioned above for

• See above, p. 692.

the

Art.

28.

Art.

29.

Art.

30.

Art.

3«-

Art

3*»

ENGLANDANDSCOTLAND. e 95

the liberty of the pledges. An exception was added with regard to daughters; jimesvi.
to the redrefs of which, it was declared, that this entry fhould not extend any ^" fS ""' : " " 1 :.
farther than the commiffioners fhould agree in the treaty thereupon. , 597 .

Finally, it was declared to be agreed by the Englifh commiffioners, that, Art . -g.
as the commiffioners for Scotland had confented both to begin and carry on
the prefent treaty within England, the next treaty of commiffioners fhould hold
within Scotland-, unlefs the princes, or their commiffioners then appointed,
fhould otherwife determine.

The articles of this treaty, that required the delivery of fugitive offenders
and of pledges, the Englifh wardens, according to the exprefs orders of their
queen, were ready to fulfil : but, on the fide of Scotland, Sir Robert Ker and
the laird of Buccleugh were very reluctant and tardy in performing them.
They contrived excufes and reafons of delay, which their powerful friends at
the Scottifh court ufed all their influence to fupport ; and the evident ten-
dency of their conduct was to fruftrate and difappoint the effects of a negocia-
tion that had coft fo much time and pains. Queen Elizabeth informed of this Rym.voi.x»:.
indirect dealing, was very much provoked ; and commanded Sir William p " 3l8,
Bowes, one of her commiffioners, after joining with her refident ambafTador
Robert Bowes in making proper remonftrances to the king -f, to leave his
court, with notice of the queen's purpofe to employ her own power, in redref-
fing the infults and wrongs received by herfelfand fubjects. The fpirit and
refentment exprefTed in thefe declarations, obliged the king to exert all his
authority to bring to order the two headftrong chieftains. He defired the
queen to impower her ambafTador to fix a day for the mutual delivery of R y m - lb 'P'3* e »-
pledges, agreeably to the late treaty, and promifed to deliver, on that day,
either the pledges due on his fide, or the wardens by whofe fault that delivery
fhould fail of being made J.

In fulfilment of this promife, Buccleugh and Sir Robert Ker, having failed
in delivering their pledges, were obliged to enter themfelves prifoners at Ber-
wick. Buccleugh entered firft ; and the pledges of his diflrict being at length
delivered, he was reftored to his liberty, after having remained at Berwick Carl/i Metl. '
three or four months*. Sir Robert Ker was delivered prifoner at Berwick by P ; JV ' *3*»
the lord Home ; where he had the magnanimity to put himfelf under the guar- 33 ' * 34 '
dianfhip of Sir Robert Carey, notwithstanding the ftrife and emulation that
had long fubfifted between them in the execution of their refpedtive offices. -

-j- Her letter to the Bowefes is prefaced with thefe angry words ; (they "are printed in Italics,
between Elizabeth R. and the addrefs of the letter.) " 1 wonder how bafe-minded that king thinks
*' me, that with patience I can digeft this dithonourable (Ita) Let him know therefore that

•• J will have fatisfaftion, or els (Ita)." Rym. vol. xvi. p. 31S.

J James, in the month of Oftober, made an expedition in perfon to Dumfries, in order to
fupprels the infolence of the banditti in that neighbourhood. Several of them were apprehended
and hanged ; and the chiefs of thirty-feven clans were obliged to enter as pledges fome of the mod
noted malefactors of their feveral tribes. Moyf. p. 255.

* SpotAvood fays, that he entered in Oftober, and continued till February. Carey feems to fay,
that he remained a prifoner only a few days ; but Carey is very inaccurate in his accounts of time.
Buccleugh had chofen for his guardian Sir William Selby mailer cf the ordnance at Berwick.
Carey,. J). 131.

1 But

■6 9 6 THE BORDER. HISTORY OF

.' -°1 ', intercouri'e between them, he had received many proof 1 ;, determined him to

a. d. i S9 s. give Carey this mark of confidence and regard; and it was" returned with ib

generous an hofpitality on Carey's parr, as converted their pail enmity into a

Sttypt, vol. ivr. fincere and lafting friendfhip. Sir Robert Ker, not being able foon to effectuate

the delivery of his pledges, and on that account having been ordered to be

March 16. carried prifoner to York, was conducted thither by Carey, and intrufted to the

charge of the archbifhop. He was foon after liberated by the entry of his

pledges, and returned to his charge of the wardenfhip of the eaftern march f .

The oppofite march, on the fide of England, continued but a very fliort

p. ar , c 4 o! Mem ' time atter undor the charge of Sir Robert Carey. Peregrine Bertie lord
Willoughby, a nobleman who had born high commands and acquired great
military fame in the wars of France and Flanders, being appointed governor
of Berwick, was, at ^e fame time, agreeably to the rule obferved fince the
beginning of Elizabeth's reign, made warden of the eaftern march J. Upon

lb. p. 146. this revolution Carey returned to court, but was not long there, until he was

appointed warden of the middle march, in room of lord Eure; who being
diftreffed by the difordtrs that prevailed in the country under his infpection,
arifing chiefly from his being ill fcrved by his officers, did very willingly refign
his charge. Carey taking up his relidence in Alnwick-abbey, and joinino- to
his paft experience in border-affairs, an uncommon degree of addrefs, induftry,
and refolution, foon brought many offenders to the punifhment they deferved,
and reflored quiet and fecurity to the country. His friend Sir Robert Ker,
who had the charge of the Scottifh eaftern march, concurred with him cheer-
fully and effectually in all meafures for bringing malefactors to juftice, and
preferving peace between the kingdoms; as did alio Farniherft, who had the

Carey, p. 154— charge of the eaflern part of the middle march. A tribe of banditti, origi-
nally Scots, who had fettled in the wildeft tracts on the weftern border *,

•f Sir Robert Ker was in the year following, chiefly by the intereft of Sir George Hume,
advanced to the council-board. His promotion and favour with the king was very offenfive to the
queen of England, who had not forgotten Ker's paft behaviour. Letter of Sir W. Bowes, in
Rym. p. 378.

t Peregrine Bertie lord Willoughby was the fon of the fourth wife of Charles Brandon duke of
Suffolk. This lady was fole daughter and heir to William lord Willoughby of Erefby, and had
no children to the duke of Suffolk: but being married again to Richard Bertie, a gentleman of
Kent, the bore to him feveral children; of which Peregrine was the eldeft fon, and heir of the
honours which his mother derived from her father. His parents were exiles in Mary's reign for
religion ; the dutchefs being a zealous Proteftant ; and Peregrine being born during their exile, was
called by a name expreflive of this circumftance. Dugd. vol. i. p. 408. Johnfon defcribes lord
Willoughby thus in Rer. Brit. Hift. p. 329. Jwvsnis genere nobilis, mamt promptus, ardorem animi
1'iiltu oculifque praf evens. His extraordinary valour in aright in Flanders July 15 (it is not faid what
year) is celebrated in an old fong publiihed in Reliques of Ancient Poetry, vol. ii. p. 217. The
publisher there refers for his character to Naunton's Fragmenta Regalia.

* Thefe banditti were chiefly of the name of Armttrong. They burnt and plundered the town
of Hartwefell (fo Carey fpells it) i. e. Haltwhiflle. His noble editor, milled by the falfe fpelling,
and his own inattention to the circumftances of the narrative, and geography of the country, take*
it for Wefel ; which is another falfe fpelling, common in the maps of Northumberland, of Twifel,
a town and caftle in the eaftern inarch, fituated near the conflux of the Till and Tweed. Carey't
Men. p. 150.

having

* 6 i

ENGLAND AND SCOTLAND. e 97

having committed grievous outrages on the adjacent parts of Carey's diftric~r, Jam«sVi.
Muf^e given up by the king of Scotland, as an herd of outlaws, to be punifhed t ' "' b c,i:lan ^
by the Englifh warden as their offences deferved. For this purpofe he en- 1598.
cajnped his forces in the neighbourhood of an impervious foreft, whither tlu*y
had retired for fhelterj and having acquainted himfelf, as exacfly as poffible,
with their fiiu&tion, attacked the fide towards England with his foot, while
\ it Si his horfe, beforehand fecretly fent around, he guarded certain pafiages
that led from the foreft towards Scotland. And while the banditti were
attempting to fly through the pafiages on that fide, from the violent afiault
made upon them on the other, the Englifh horfemen took fome of the chief
of them prifoners ; and thereby Carey was enabled to make fuch conditions
with the red as fully fecured the quiet of that part of the borders. He after- Car? y> p- i6 5*^
wards redrefTed an encroachment that die neighbouring Scottifh gentlemen had I? °'
for fome years pad made on certain' parts of his province, by hunting in it for
deer, wiihout the allowance of the Englifh warden; which formerly, at times
when the nations were at peace, ufed to be afked by the Scots, and readily
granted on their requeil. The fervants of thefe hunters did alio, under pro-
tection of their mailers, cut wood in the Englifh forefts, and carry it off into
Scotland. Carey having in vain warned Farniherft to abftain from this en-
croachment, ordered his deputies, at the head of a fufficient body of horfe, to
Jet upon the hunters, and break the carts that were employed in carrying away
the wood. Thefe orders were executed with proper ipirit, and with as
little hurt as poffible to the perfons attacked. Several of the Scottifh
gentlemen being taken prifoners, were carried to Widdrington-cafile, where
Carey did then refide; who, after entertaining them with much hofpitality,
and receiving their promife never to hunt again in his province, without his
permifiion, allowed them to return to their own country. They afterwards
always obtained from him liberty of hunting, when they afked it-, and Carey
himfelf often joined them in the fport. The king of Scotland made fome
noife about thefe proceedings ; but was pacified by Elizabeth's punifhing her
deputy-wardens by a fhort imprifonment.

The events in Scotland or England, during the remainder of queen Eliza-
beth's life, have fmall relation to the borders. The peace of France, after
a long feries of wafting wars, domeftic and foreign, was reftored by the treaty
concluded at Vervins between the French and Spanifh monarchs. Henry im- May**
portuned Elizabeth to be a party in this peace; and Burleigh, her aged mini- Camden,
iter, fupported Henry's advice, by the wifeft reafons : but the martial and
impetuous fpirit of her favourite EfTex, prevailed for the continuance of the
•war with Spain. Soon after, Burleigh, worn out with years, and the weight of Aog i+.
affairs, finilhed his days; and was in a fhort time followed by Philip JI. king sept, ij.
of Spain; whole power, ambition, malignity to England, and fuperllitious at-
tachment to Rome, had afforded continual exercife to the abilities and fpirit of
Burleigh and his miftrefs.

The continuance of the war between England and Spain, "was accompanied
■with the continuance of the rebellion of Tyrone, and his accomplices, in Ire-
land; which, from year to year, grew more formidable. It prefented a tempt-

4, U ing

698 THE BORDER-HISTORY OF

EHzabeih, ing fcene to the ambition of Eflex. He foliated, and obtained, the chief com-
. ° ^ ns ' a " '. mand in that ifland-, but this promotion, by the arts of his enemies left behind
155*' him at court, and his own temper, generous and brave, but unfubmitting to
admonition or controul, wrought firft his difgrace, and not long after, his death.
His precipitate return from Ireland, madeplacefor Charles Blount lord Mount-
joy ; who fucceeding him in the command there, and conducting the war for
three fucceffive years with the greateft wifdom and courage, did, notwith-
standing very conliderable aids of men and money fent over to the rebels from
Spain, reduce them to fuch diftrefs and utter weaknefs, that a few days before
Elizabeth's death, their cunning and obftinate leader Tyrone furrendered him-
felf to the lord deputy; fubmitting his life and eftate to the queen's mercy f.

While thefe things were tranfacting in queen Elizabeth's dominions, the
king of Scotland was chiefly employed in rneafures tending to introduce the
epifcopal form of government into the church of that kingdom J; and in con-
tending with the zealous oppofition that was made to this project by many of
his clergy. By reftoring the eftate of the church to its ancient place and power
in parliament, he fought to augment his own influence in that court; and
hoped alio, by the help of prelates, deriving from his favour their elevation
above the reft of their brethren, to render his clergy more obfequious, and to
put an end to thofe rude attacks from the pulpit, and in judicatures, which
had fo often incenfed and difturbed him.
ft. d. 1599. James was, at the fame time, very attentive to the great object of fecuring
his fucceflion to the crown of England ; for which purpofe, befides endeavour-
ing to engage foreign princes in his intereil, he was complaifant to queen Eli-
zabeth and her minifters, correfponded fecretly with all clafles of men in Eng-
land, employed authors, and wrote himfelf to juftify his title, and to give
favourable impreflions of his character and government. Thefe endeavours,
though in the main fuccefsful, were thwarted by fome unlucky incidents. Va-
lentine Thomas, an infamous man, about to be tried for a robbery, pretended
to difcover a plot of the Scottifh king againfl: Elizabeth's life. Elizabeth affected
to give no credit to the information ; but delayed the trial and punifhment of
the criminal, that the accufation might not be brought to the publick ear and
afford to ill-difpofed minds matter of fufpicion and calumny. The queen's
conduct, however, in this affair, was difpleafing to James ; and produced
from him reiterated complaints. He was likely to be hurt ftill more by a dis-
covery, which the mafter of Gray made to Elizabeth, of a letter written in a
ftrain of efteem and friendfhip by James to the Pope. This appeared after-
wards to be a fraud of Elphintt on his fecretary ; but the king had nothing for the
prefent to oppofe to the charge and remonftrances on this fubject by Sir Wil-

•f- In order to extinguifh this war, the queen was, about a month before flie died, with the
greateft difficulty perfuaded to fign a pardon to Tyrone; and her having done fb, was believed
to be a principal caufe of that vexation of mind under which (he laboured during the laft days of
her life. Tyrone knew nothing of this pardon when he delivered himfelf to Mountjoy.

t The firll considerable public ftep made toward this, was in the parliament that fate in Decem-
ber 1597, which enafled, that minifters of the church, whom the king fhould promote to the
dignity of abbots or bifhops, /hould have a voice in parliament. Ails of parliament. Spotfwood.

a liarn

ENGLAND AND SCOTLAND.

liam Bowes, the Englifh envoy, but the ftrongeft affeverations of his innocence.
Bowes, who had been often before employed at theScottifh court, incurred, at
this time, the king's difpleafure, by being lufpected of directing the feizurc
and conveyance to Berwick, of one Afhfield, an Englifhman -f. This man,
having become obnoxious to the laws of his own country, had the addrefs to
impole on the Englifh warden ; from whom he obtained a licence to pafs into
Scotland: and carrying with him fome hunting horfes to James, he was well
entertained at his court. Some perfons belonging to the Englifh ambaffador's
train, decoyed Afhfield to Leith ; where, having made him drunk, they put
him into a coach, and fent him to Berwick. The king difpatched a meflenger
to the governor of that place, demanding the reftitution of his gueft-, but the
governor refilled to give him up, until he fhould receive orders from his own
court ; which orders were never fent.

The confpiracy of Gowry is one of the ftrangeft, and mod myfterious events
in all hiftory, but the odd, unimaginable circumftances with which it is related,
are of no fmall weight to prove that it was not a fiction. Yet the affection of
the popular churchmen to Gowrie and his brother, and their frequent expe-
rience of the king's pronenefs to feign and diffemble, when his political views
feemed to require it, prompted them to exprefs their difcredit of this plot, in a
manner fo public and grofs, as produced a new fcene of troublefome ftrife be-
tween the king and them. In the beginning of the following year, the long,
and hardly reftrained reientment of EfTex, broke out in a wild effort to force
his way into the queen's prefence, and fcatter his enemies who furrounded her.
As fcon as James was informed of the difappointment of this crude enterprife,
he difpatched the earl of Mar. and abbot of KinlofSj with his congratulations
to the queen : and although they were inftructed to accompany their congra-
tulations with complaints about Valentine Thomas and Afhfield, yet they were
well received by the queen-, who made an addition at this time of 2000/. per
annum to the king's penfion; and, which was of greater moment, thefe ambaf-
fadors are laid to have brought home to their matter afTurances, from almoft
all the Englifh nobles, of their refolution to fupport his fucceffion to the throne
of England.

Mean while the ferocity of the borderers, when reftrained from difcharging
itfelf upon their ancient enemies of the oppofite nation, ceafed not to break
forth into cruel outrages againft their neighbours at home. To reprefs thefe
acts of violence, it was found neceffary, in the very laft parliaments of Eng-
land and Scotland, that were held under different fovereigns, to enforce the
old, and frame new ftatutes. The Scottifh parliament ordained, that none of
the nobility or barons, who were charged, agreeably to preceding acts of
parliament, with the keeping of pledges given by border chiefcains for their
good behaviour, fhould refufe, on any pretence of danger or inconveniency,
to receive thefe pledges •, and, in cafe of their efcape, a penalty of 2000/. Scots
was impofed on their keepers. The ftatute of the Englifh parliament was a
longer one. It declared guilty of felony, and condemned to death and forfeiture,

699

James VI.
K. of Scotland.

i_ 1 *

1599.

Spotfw,
Catr.d.

A. D. 1604,
Align ft 5.

A. D. 1601,

Feb. 8.

Spotfw. p. 46J,
Camd.

Scot. Stat. i6coj
c. i.l:.

Eng Stat, 1601.
c. 15.

-J- Camden calls Afhfield turbidi ingenii bominem.
4 U 2

all

7Ce THE BORDER-HISTORY OF

EUubnh, aU within the counties of Northumberland, Cumberland, WefbnofrafirJ, or the
Q.ofEneUnd. ^;rjj p r ; c f Durham, who violently made prifoners the perfons of others, and
itoTI extorted ranibms from them-, all lpoilers and fire-rnifers, and all who, as the
price of protection from fuch outrages, exaclcd what'wis tilled black-mail, of
whom were feveral men of name, who employed and Jupporied the moft noto-
rious thieves and marauders in thofe parts ; and, finally, thole who agreed to
pav this extortion. It alio appearing that juflice was brought into contempt,
and that villains were hardened in their criminal courfes, by the licence com-
monly afiumed by out-laws in thofe counties, of appearing in the moft public
places of reforr, and converfing fecurely with the inhabitants, it was errafted,
that in time coming, when a fentence of outlawry was pronounced by the pro-
per judges, it (hould be proclaimed at the iherilT courts, and in the principal
towns of the border-counties; and that the proclamation mould be from time
to time renewed, until the offender delivered himfelf to joftice : and all perfons
having friendly intercourie with the outlaws thus publifhed, were to be punifh-
ed by fix months imprisonment. The juftices of aflize, and other lawful judges
in criminal matters, were authorized to execute this act; but a falvo was ad-
joined for prelerving inviolate the authority andjurifdiction of the lords wardens
of the marches.
I,' v< Peregrine lord Willoughby having enjoyed form what more than three

years the government of Berwick, ended his- life at that place. After his
E^n*. vol. i. deaihj the charge of the town and garrifon devolved to Sir John Carey, the late
p- "j°9* lord Hunldon's fecond fon ; as holding the place of marfhal, which was next in

rank to that of governor. Carey was created warden of the eaftern march \
but it doth not appear, that the queen ever advanced him to the dignity of
o-overnor ; though he continued to command the garrifon in quality of princf-
B *<* Gui'd F a ' officer, during the remainder of the queen's life. He had accels to be well
Books, and acquainted with the bufinefs of his charge, having been chamberlain to the gar-
c.u^ i D ?'° ka/ J" llon during feveral of the hit years of the life of his father, and acted fome
time under him as deputy governor. He appears alfo to have been deputy
aovernor during the interval between his father's death and the entrance of
lord Willoughby to the office of governor.

In the laft winter of Elizabeth's life, when her health, which had formery
a.'d.'i6oj.' been very vigorous, was i offering a vifible decline, James was foficfted by
ciM, f ome f his friends in England, and in particular by the earl of Northumber-

land *, who was then eiteemed the moft powerful of the Englifli nobles, ts>
fecure his fuccefiion to Elizabeth's crown, by endeavouring to feize it while
(he was yet alive, and before any other pretender appeared. Irwasmrjch to
the honour, and probably not lefs for the intereft of James, that he rejected
all fuch counfels. He -thanked Northumberland for his friendlhip and offers

* The prefent earl cf Northumberland wes Henry Percy, the cl 'eft fon 2nd fucceflbr of the earl
of the fame name, who died jn the Tower in 15$}. The prefer,: earl went on bo?r>l the queen"?
fleet to oppofe the Spar if!i Armada in 1588. tie was, at the time of the queen's death, by his
fpirit, abilities and intereft, accounted the only man in England qualified to be the head of a
party. He %va« thoroughly attached to James, and lecretary Cecil carried on his correfpondence v\i;h
this prince by his aid/ Carte, horn Beaumojit's Letters, vol. iii. p. 698.

7 of

S,„ti.v,

March 2.«

ENGLAND AND SCOTLAND. * 0!

of fervice, but difr.pproved his dangerous advice, and defired the ear! to Tend T>-— frr
him no more letters of that (train. Soon after, the continuance of the K "
queen's diftrefs brought to a period her long and glorious life and reign ; and
her death opened the way to the peaceful fucceffion of James as the heir of
her crown and dominions.

The firft information of queen Elizabeth's death, was brought to king James Carty'iMcow
by Sir Robert Carey. This gentleman, after attending almoft five years his ?-'7°-' i6 '
wardenfhip of the middle march, made a vifit to the EnglilTi couit in the lad
winter of the queen's life. Perceiving her to be in a declining itate, he
waited the iffuej and when her death was evidently approaching, he formed-
the rclblution of being the firft mellenger of it to the king of Scotland, which
purpofe lie made known to the king by a letter. He was prompted to make
th's offer of fervice by the particular favour which James had flu wn him,
when employed at his court; and the certain profpeel of his office on the
borders, which produced the principal part of his revenue *, coming to a
period at the death of the queen, made it highly expedient for him to court
the favour of her fucceiTor by the molt early demonstration of attachment.
Having therefore had the addrefs and good fortune to make his efcape from
the lords of the council of England, who did not intend to employ him as
their mefTenger, he let out on the forenoon of the day on which the queen
died, and, purfuing his journey with great fpeed, arrived on the ni^ht of the
following day at his houfe at Widdrington. He there gave proper directions
to his deputies tor preferving the quiet of the marches, in which they found
confiderable difficulty -j-; and by his order, the king of Scotland was pro-
claimed next day king of England, at Widdrington, Morpeth, and Alnwick.
On the fame day, this proclamation was alfo made at Berwick t, in confequence
of intelligence lent to Sir John Carey, marfhal of that place, by his brother
Sir Robert ; who having fet early out on the morning of that day from Wid-
drington, came to Norham at noon. On his way between the places bft
named, he received a fore wound in his head by a fall and a ftroke from his
horfe, which obliging him to move more (lowly, he did not reach Edinburgh
till the king had gone to bed. This circumitance could make no (top to the
admiffion of the bearer of flich high tidings-, and Carey was the firft who
fainted James king of his new acquired dominions.

* His office of warden, with the pay allowed him for forty horfe, amounted to more than
loco/, per emn. Mem. p. 191.

•f- Carey relates afterwards, that the e-,fr-bordcr, on hearing of the queen's death, became very-
unruly, and that the diilrefs he fuiTered by the wound in his head, hindering him from going in
perfon to appeafe thofe difbrders, lie employed his deputies in that fervice, by whofe care quiet was
fbon reitored. Mem. p. 190.

% Btfides the account in Stowe, this is evident from the copy of a letter in the Berwick archives,
fent to the king from the mayor, aldermen, and commons, of that town, beating date the 26th of
Match. It is full of high-flown cxpreflions of duty and attachment to their new fovetei'jn ; and
informs him, that ' they had, with pref^nt expedition, and with what foleittnity the leifure of
' time would afford, publifhed and proclaimed his facrcd majefty king of England, France, and
' Ireland ; and entreats him to pardon fuch dcfecls as by ignorance, omifiion, or ctherwile, by
* the Uraitftefs of time, had happened in the performance diereof.'

Jar !l T.

K. of E iglanJ.

I io 1
Stows, p. 81S.

Spotfwood,

April 5.

T"' nf. -till. Rer.

B-it. p. j6j,

361.

Mcyf. Memoirs,

p. 311, 311,

3'3-

THE BORDER- HISTORY OF

As James was to enter England by the way of Berwick, he fent on the
fecond dav after Sir Robert Carey's arrival, the lord Abbot of Holyrood-houfe,
to take pofTelfion of that place, and to receive the allegiance of the governor
and mayor*. Thele officers cheerfully gave the required oaths, and delivered
into the hand^ of James's meffenger, the keys of the gates and.mayoi's llaff,
which were immediately returned, and affurances given in the king's name, .of
the charters, privileges, and liberties of the town being prtierved inviolate.
The alacrity and unanimity of the inhabitants and garnfon, in recognifing the
king's title, prefrnted an agreeable omen of the welcome reception awaiting
him in his .new kingdom. Sir Charles Percy, brother of the earl of Nor-
thumberland, and Thomas Somerfet fon of the earl of Worcefter, were the
meflengers fent by the Englifh council to notify to James the death of the
queen, and the proclamation of him as her kiccelTor at London. And to
entreat him to make no delay, in coming to take p^iTeffion of his right. The
king, on receiving this meflage, cauled his new titles to be proclaimed at Edin-
burgh; and having, on the Sunday following, made a farewell fpeech to his
people, in- the principal church of that city, he fet out on the Tuefday to-
wards England.

The royal retinue confided of about five hundred perfons on horfeback ;
the council of England having adviied the king, for the fake of avoiding
diflurbances, to content himfelf with a moderate number of attendants. Of
this number, thofe of noble rank were, the duke of Lennox, the earls of Mar,
Murray, and Argyle, and the lord Hume-)-. The king, on the firft day of his
journey, came to the houfe of the lad named lord, ac Dunglafs, where he
lodged, and was fplendidly entertained. In his progrefs next day from
Dunglafs to Berwick, the cavalcade was joined by many of the kindred, name,
and dependents of lord Hume. Many Englishmen alio met him on the road,
with their tributes of duty and congratulation. On his arrival at the Berwick
boundary, he was received with every demonftration of reverence and welcome
by the marfhal Sir John Carey, accompanied by the officers of the garrifon,
at the head of their feveral bands of horfe and foot. While thefe difcharged
vollies from their mufquets, the cannons thundered from the walls, and loud
acclamations of joy were raifed on all fides.

As the king entered the gate, the keys of the town were delivered to him
by William Selby, the gentleman porter ; on whom the king conferred at that
inftant the honour of knight, and returned to him the keys. Proceeding to

* Tlrs meflenger of the king did no doubt carry with him the king's anfwer to the town's
letter or addrefs, of which anfwer a copy alfo remains in the town's archives. It is as follows.
* TruHy friends, we greet you heartily well. We render you thanks for your fo dutiful affeflion,
' utter it in aflifling and concurring fae willingly with your governour, in putting the town of Ber-
' wick in our hands, which we have appointit to be governed in the fame form and manner as hereto-
' foie, while we advife otherwife to difpofe upon the fame; afTureing you always tofinde us a gratious
' and loving prince, wha fal be careful to maintaine your wonted liberties and privileges, and to
' fe*e that the fame be nae ways brangillit, nor otherwaies prejudget. Sua we commit you to
' God.' From Hallirude-houfe this 27th day of March, 1603.

To our trufly friends, the mayor and aldermen of our town of Berwick.

f Sir George Hume treafurer, and Sir Robert Ker of Cefsford, were alfo of this number.

the

ENGLAND AND SCOTLAND.

703

the market-place, through the armed bands of the girrifon, he was there J"»« V! ^
rect-ived by Hugh Gregfon the mayor, and his fellow-magiftrates. The mayor K ' r Scotl " K) -
prefented to him a purfe of gold and the town's charter, and Chriftopher 1603.
Par kin Ion the recorder addreffed him in a folemn congratulatory fpeech ; ail
which honours he received very gracioully, reitoring the charter, and affurino-
the town of his favour and protection. The king proceeded next to the
church, to give public thanks to God for granting him a peaceful entrance
into his new kingdom. Toby Matthews, bifhop of Durham '*, was there
to receive him ; and preached on the occafion an eloquent iermon. From the
church the king went to the palace, the cannons were again fired, bone-
fires kindled, and the town refounded with cordial and loud expreffions of

The king remained in Berwick all the following day ; on which day, feveral
nobles f from the fouthern parts of England, arrived to offer their duty, in
the view of eftablilhing themfelves, or preventing rivals, in the favour of their
new monarch. Accompanied with thefe and the officers of the garrifon, he
vifited the fortifications, port, and magazines ; and, while the officers and
foldiers of the garrifon were drawn up in martial array on the ramparts, he
fired in their prefence one of the great guns planted there. The fame day, stowe, P . g.j.
intelligence was brought of certain grievous robberies and riots committed by
a body of two or three hundred banditti of the weft-marches, who had fpread
their ravages as far as Penrith. To reprefs thefe outrages, the king fent from
Berwick Sir William Selby, at the head of two hundred foot and fifty horfe
of the garrifon. Henry Widdrington and William Fenwick were, at Selby's
defire, joined in commiffion with him ; and the king empowered them to
require the affiftance of all officers and fighting men both of the Englifh and
Scottifh borders. By thefe means their forces were greatly increafed in
numbers, before they arrived at the place of their deftination J;. The
plunderer.-, terrified by the approach of fo formidable a body, abandoned their
habitations, of which many were blown up and burnt. A few of the
offenders were taken, and fent to the caftle of Carlifle, where they foon after
fuffered the juft punifhment of their crimes.

On the day following, the king having made a prefent to the officers and
foldiers of the garrifon, and declared his grateful acceptance of the loyalty
and affection of the inhabitants, fet out from Berwick ; and on his entering
Northumberland, was received by Sir Nicholas Forrefter, fheriff of that
county. This was agreeable to a general order iflued by the council of Eng- Strype'sMem.
land, requiring the fheriffs of all counties through which the king Ihould pais,
together with the juftices of peace and gentlemen of thefe counties, to receive
their fovereign at his entering their county, and to accompany him in his
progrefs through it, Forreiter, on the day the king left Berwick, conducted
him as far as Widdrington, where he was nobly entertained by Sir Robert

• Johnfton in Rer. Brit. Hilt, calls him fai imports difcretijjimus, p. 363.

■\ Amon^ thefe, was Henry Howard, brother to the late duke of Norfolk, and the lord Cobham.

j Stowe lays, that they marched along the borders with a thoufand horfe.

Carey,

Elu. vol. iv.
P- 37J.

■jo 4 THEBORDEft-HISTORYOF

j..me«T. Carey, to whom he had begun to (hew his gratitude, by admitting him 9 "
K.° ** an t ' while at Edinburgh, to be one of the gentlemen of his chamber.

1603. The king proceeding by eafy journies, and being from time to time floptby the

hofpitality and fondnefs of his new fubjects, fpent a whole month in his journey
M from Berwick to London *. Ten days after his arrival in the capital, he iffued

*ym. vol.'*™. a proclamation, requiring all thofe guilty of the foul and infolent outrages, lately
? ' 5 ° 4- committed on the borders, to lubmit themfelves to his mercy before the 20th

of June, under penalty of being excluded from it for ever. Two days after
p.ym. ib. p .506. t ]-, j s proclamation, he emitted another, declaring his fixed refolution to ac-
complifh the union of the two realms ; in confequence of which, the bounds
pofieffed by the rebellious borderers mould no more be the extremities but the
middle, and the inhabitants thereof reduced to a perfect obedience. He
affirmed, that he had found in the hearts of his bell difpofed fubjects of both
realms, a moil earned defire of this union •, and too confidently undertook
that, with the advice of the eftates and parliaments of both kingdoms, he
would make it be perfected. In the mean time, he declared, that he confidered
the two kingdoms as prefently united; and required his fubjects to view them
in the fame light, and, in confequence thereof, to abftain from mutual out-
rages and injuries of whatever kind, under the penalty of his highefl dif-
.pleafure, and of fuffering the ilricteft rigours of juflice.

One of the chief dillreffes of the former part of James's life, had been the
ferocity and outrages of the inhabitants of the marches j which, while only
king of Scotland, he was often not able either to reitrain, or to punifh as they
deferved. His fenle of this inability, he plainly enough infinuates in the lalt
mentioned proclamation ; and when now he had attained the power of taming
that lawlefs race, he was refolved to exert it effectually, and without delay.
The union of the two crowns of England and Scotland in him as the lawful
heir, with the ready and univerfal acknowledgment of his right by his Englifh
fubjects, Mattered his vanity extremely '•; and he was earnestly defirous of com-
pleting this glory, by effecting an entire coalition and indiffoluble concord
between the nations-)-. But he marred his project by purfuing it with too
great hafte and keennefs, and expreffing too much confidence of its fuccefs.
His countrymen hurt it by their avidity of Englifh wealth and honours, which
was much encouraged by their mailer's unbounded liberality to his favourites,
and his weaknefs in yielding to the importunate. The Englifh, on the other
hand, regarded every thing given to the Scots as ftolen from themfelves ; and,
proud of their greatly fuperior wealth and dominion, foon began to treat the
king and his countrymen with infolence and contempt, the Popifh and
puritanical parties alio, to both of whom the king fhewed an irreconcilable
averfion, ever Ilrove to diftrefs him and thwart all his defigns. Thefe circum-

* James, in his fpeech about the union, to Irs parliament, March 31, 1607, fays, That he was
received of the Englifh with joy, and came as in a hunting journey. Pari. Hiftory, v. 191.

■j- The conceit plealed him of turning the extremities of his kingdom info -its Middle, and, as he
elfewhere exprefieth it, of rendering the middle part, and as it were, the heart of his royal empire,
die example and pattern of civility and obedience to all the reft of it. M5. comuiiiiion to julliciars
•cm the Scottilb marches in 1605.

fiances,

ENGLAND AND SCOTLAND. 705

ftances, added to the remains of ancient rancour and prejudices, combined to J*tat»vt
disappoint James's very laudable purpofe of an union between his kingdoms. . , '° f'** 1 '
Soon after his arrival at London, he gave a commiffion to George Clifford >«'?.
earl of Cumberland, a nobleman who had acquired high military fame in the wars Rjm "'
of the late queen ; appointing him warden of the welt and middle marches
towards Scotland, with the molt extenfive powers, and alio lieutenant-general of
the counties of Cumberland, Northumberland, and Weftmorland, and of the
town and county of Newcaftle on Tyne*. With his office of warden was
connected that of keeper of Tindal and Ridefdale in Northumberland, of
the cattle of Harbottle in Ridefdale, as well as of keeper, governor, or
captain-general of the city and caftle of Carlifle, and of the king's demefne-
lands, ufually poffeffed by the keepers of thefe caflles. Power was given to
him of appointing deputies and officers under him, and falaries were affirmed
both to him and them. This commiffion of Cumberland did not extend to
the eaftern march, nor was Berwick fubjected to his lieutenancy. Probably
Sir John Carey's power in that town and the march adjacent, continued
until the difTolution of the Berwick garrifon, which was not effected till fome
months after.

In the end of July, Alexander lord Hume, who had long enjoyed much of ™\ c< " jncil *
the king's favour, was appointed chief justiciary, and lord lieutenant over the
three marches of Scotland. As jufticiary, he had power to hold courts and to
impofe fines for non-attendance, or as penalties of offences ; all which fines,
and other forfeitures, he was empowered to levy for his own ufe, without
making any account to the king. He was authorifed to appoint all officers
under him. In cafe of the flight, or forcible refinance of offenders, he was
empowered to raife and arm a fufficient number of the king's fubjects, to
purfue the criminals, and to affault any houfe or place of ftrength where they
were harboured. With the advice of the perfons of chief rank in his diflricT:,
he had power to eftablifh laws and regulations for the order and peace of the
county, together with proper fanctions to enforce them. He was alfo em-
powered to execute the laws for extinguishing deadly feuds. The falary an-
nexed to this great office, was a thoufand merks fterling per ann. which, for the
better fecurity of its payment, was to be perceived., had and taken out of the
king's exchequer of England ; and to fhew that the profit of the nobleman was
no lei's the object of this commiffion, than the performance of the fervice for
which he received it, the king was pleafed farther to grant, that in cafe the

* It is probable, that this was the lad commiffion of warden of the marches. Cumberland's
charge is defined as above in p. 669. 727. viz. to be the fame as in the reign of Richard II. and
in all the reigns downward from that. His jurifdidtion, privileges, and profits, are declared to be
the fame with thofe of John duke of Northumberland, Henry late marquis of Dorfet and duke of
Suffolk, Henry earl of Cumberland, Thomas late lord Dacre, Henry late baron of Hunfdon,
Henry late lord Scroope, Thomas now lord Scroope, Sir Robert Bowes, or Sir Robert Carey. Hit
falary was izco merks, 600 for the weft-march, 500 for the middle march, and 100 for the city
and caftle of Carlifle. His deputies and ferjeants had the fame allowance of wages as above p. 727.
He was allowed pay for twenty horfemen to garrifon Carlifle, at the rate of 10 merks each, and for
three turnkeys, one at each gate at 26 s. id. each per ann. Rym. vol. xvi. p. 510. Probably
the commiffion of warden has been given him, as entitling him to the Hated appointments of that
office. No revenue is affigned to him as lord-lieutenant.

4 X commiffion

7 o5 THE BORDER-HISTORY, &c.

k^Te'i commiflion fhould be revoked or made void, the lord Home fhould poffeft

%J.°- .- g " * trj e like fum of iooo merks, payable out of the Englifh exchequer, until

1603. fuch time as the king or his fucceffors fhould bellow upon him a gift or benefit

of equal or fuperior value. It is needlefs to mention the cenfures which fuch a

commiflion and grant would incur, efpecially from an Englishman.

The king, in purfuance of his favourite purpofe of extinguishing all
memory of paft hoftilities between his kingdoms, and, if pofiible, of the
places that had been the principal fcenes of thefe hoftilities, prohibited the
name of borders any longer to be ufed, fubftituting in its place that of
the middle Jhires. He ordered all the places of ftrength in thefe parts to be
demolifhed, except the habitations of noblemen and barons ; their iron gates
to be converted into plough-fhares, and the inhabitants to betake themfelves
to agriculture, and the other works of peace. In the fame fpirit he broke the
garrifons of Berwick and Carlifle. The former of thefe was reduced at
i«k! ck Gu ' ld Chriftmas of this year to a company of a hundred men ; of whom William
Bowyer was appointed captain.

The acceffion of James to the crown of England, and both kingdoms thus
devolving on one fovereign, was an event fruitful of bleffings to each nation.
The borders, which for many ages had been almoft a conftant fcene of rapine
and defolation, enjoyed, from this happy aera, a quiet and order which they
had never before experienced; and the ifland of Britain derived from the
union of the two crowns, a tranquillity and fecurity hitherto unknown, and
was enabled to exert its whole native force. National prejudices, and a
mutual refentment, owing to a feries of wars betwixt the kingdoms, carried
on for centuries, ftill however fubfifted; and, as is above related, difappointed
James's favourite fcheme of an entire and indiffoluble union. From the fame
fource alio arofe frequent difputes and feuds upon the marches, which by the
attention of the fovereign were foon and eafily compofed ; and are not of
moment enough to merit a particular relation. But it required almoft an
hundred years, though England and Scotland were governed all the time by a
fucceffion of the fame princes, to wear off the jealoufies and prepofieffions of the
formerly hoftile nations, and to work fuch a change in their tempers and
views, as to admit of an incorporating and an effectual union. This union
at laft took place, in the memorable year 1707; fince which period Britain
has enjoyed fo much domeftic felicity, and has been fo much reipected
abroad, that every unprejudiced mind muft be fenfible of the unlpeakablc
advantages of this great event.

INDEX.

N D E X.

ABERDEEN, the city of, burned by king

1/2 Edward III. Page 324.

Adrian's rampart built, 2.

Agricola, Julius, the firft who penetrated into the
northern parts of Britain, his conquells, 1.

Aidan, bilhop of Lindisfarn, his piety and paftoral
virtues, 20. A worker of miracles, 21. His
fucceflbrs, 23, 42,

Albany, duke of, is governor of Scotland on the
captivity of the young king James I. 378. His
ambition prolongs the imprifbnment of the king,
381. His fon Murdoch exchanged for Henry
Percy, 384. Invades the borders, 385. Dies,
386.

Albany, Alexander duke of, negociates with Edward
IV. and aflumes the title of king of Scotland,
443. Submits, and is declared lieutenant of the
kingdom, 444, Revives his pretenfions, and
treats with Edward, 445. Is defeated at Loch-
maben, 447. Dies in France, 451.

Albany, John duke of, was born and educated in
France, 497. Is made regent of Scotland, 498.
Arrives and is confirmed in his office, 499.
Takes the young king James V. out of the hands
of his mother, 500. Concludes a treaty with
Henry VIII. 503. Seizes lord Home, 504.
Vifits France, 506. Returns, 512. TheSccttifh
nobles refufe to accompany him in his Englifh
expedition, 514. Brings forces from France,
516. Attempts the caftle of Wark, 1; 1 7. Is
forced to retire to France, by the combinations
againll him, 519. Is formally depofed, 521.

Alberic, bilhop of Oftia, legate a latere from pope
Innocent II. exhorts the Scots to wage war with
more humanity, 84. Mediates a peace between
England and Scotland, 85.

Alexander I. king of Scotland, marries Sybilla,
natural daughter of Henry I. king of England,

74-

Alexander II. king of Scotland affifls the northern
barons againft king John, 123. Revenges his
quarrel with John, on the inhabitants of the
northern counties, 1 24. Pays homage to prince
Louis at Dover, 125. His treaty with Henry III.
1 2 8. Marries Henry's filter Jane, 129. Sup-
prefles a rebellion in Galloway, 131. Conference
between him and Henry, 133. Peace concluded,
•37-

Alexander III. king of Scotland, marries the princefs
Margaret of England, 142. Great change in his
council and officers, 146. Vifits Henry at Wood-
ftock, 148. Is feized by the earl of Monteith,
149. Purchafes of Magnus king of Norway, his
claim to the Weftern Iiles 153, note. Attends the
coronation of Edward I. king of England, uy.
Performs homage to Edward, 1 ,-9. Lofes all bis
children, 162. Marries again and dies, 163.

Alfred, king of England, his fucceffes againft the
Danes, 43.

Alnwick, Malcolm Canmore king of Scotland
killed at th« fiege of the caftle of, 70. The town
burned by James Douglas, 407. The caftle taken
by queen Margaret, 426. Re-taken by the earl
of Warwick, 427. Truce negociated there between
England and Scotland, 435.

Antrum, the village of, burned by the Englifh, c68.

Ancrum-moor, battle of between the earl of Angus'
and the Englifh under Sir Ralph Eure and Sir
Brian Laiton, 553.

Andrew, Sir John Hamilton archbifhop of, hanged,
640. Convention of eftates held there on an
alliance with England, 664.

Angus, earl of, marries Margaret queen-dowager of
Scotland, 497. Goes into voluntary banifhment
to France, ciz. Returns to England, 520. Is
admitted into the Scotch privy council, 523. Seizes
the powers of adminiflration, ibid. Awes the
queen's party, 525. Is divorced from the queen
526. Defeats the earl of Lennox, 527 Is
forced to take refuge in England, 528. Returns to
Scotland, 543. Saves the Scotch artillery when the

ear>

N D E X.

earl of Arran defeited his army at Coldingham,
551. Defeats the Englifh at Ancrum-moor, 553.

Angus, Archibald earl of, violently frizes and hangs
fix domeftics of James III. 443. Ads as head of
the rebellion againft him, 459.

Angus, William Douglas earl of, defeats the earl of
Northumberland near the mountains of Cheviot,
401.

Anlaff, the Norwegian king of Northumberland, is
baptifed, 47.

Argyk, the young earl of, is defeated by the Popifh
lords, 686.

Armada, Spmifh, 672.

Arran, James Hamilton earl of, obtains the regency
of Scotland, with the care of the infant queen
Mary, 543. Befieges the Englifh in Coldingham
Abbey, but deferts his army in a panic, 551. Is
defeated by the duke of Somerfet at Prefton Pans,
561. Agrees to fend the queen over to France,
565. Makes a progrefs to regulate the border?,
578. Is created duke of Chatelherault, 583,
See Chatelherault.

Arran, earl of, ion of the duke of Chatelherault, is
forced from France by the Guifes, for his attach-
ment to the Reformation, 596. Joins the reformers
in Scotland, 597.

Arran, captain James Stewart, fon of lord Ochiltry,
created earl of, 655. Accufes the earl of Morton
to James VI. of being concerned in the murder of
his father, ibid. Is taken into cuftody, 658. Is
rellorcd to his former power, 659. Courts the
favour of queen Elizabeth, 660. Is difgraced,
664. Accufations laid againft him by the aflbciat-
cd lords, 665,

Arthur, a warlike Britifh king, 14.

Arthur, duke of Brittany, is declared fuccefTor to the
crown of England, by his uncle Richard I. but
deprived by his uncle John, 111. Is feized and
murdered by John, 114.

Arthur, prince of Wales is contracted to the princefs
Catharine of Arragon, 468.-

Athelftane, king of England, his fuccefTes againft the
Danes and Scot?, 46.

Athol, David earl of, retires in difguft from the
court of king^ Edward Baliol, 313. Is forced to
Surrender to the earl of Mu'ray, who intrufts him
with the lieutenancy of the North, 315. Sub-
mits to Edward HI. and Baliol, 318. Is routed
and killed by Sir Andrew Murray and others,
320.

AM, Patrick earl of, cruelly burned in his lodgings
by the Bidets, 136.

Aymer de Valence, is made governor of Scotland by
Edward II. 232. 243.

Ajion, a truce concluded there between England and
Scotland, 354. The caftle of, taken by the earl

of Surrey, 468. Another truce concluded there
469.

BABINGTON's confpiracy difcovered by
fecretary Walfingham, 668.

Baliol, Edward, is infpired with the defire of at-
tempting to gain the crown of Scotland, by the
lord Henry Beaumont, 296. Invades Scotland,
297. Is crowned at Scone, 299. Declares his
treaty with Edward III. 300. Is expelled, 301.
The whole kingdom fubmits to him, 310. Rati-
fies his engagements to king Edward III. 311.
Performs homage to him, 312. His extenfive
grants to Edward, Hid. Difgufts his great men
by inconfiftent conducl, 313. Is driven out of
Scotland, 314. Invades Scotland in conjunction
with his patron king Edward, 316. Is again
forced to take refuge in England, 329. Inftances
of the poverty to which he was reduced, 330.
Makes a formal' furrender to Edward, of his whole
right to the kingdom of Scotland, 342.

Baliol, John, foundation of his pretenfions to the
crown of Scotland, 170. Acknowledges the
fovereignty of Edward I. over the crown of Scot-
land, 174. His plea, 180. Is declared the right-
ful king of Scotland, 183. His dependant Hate,
186. Is harafTed by fummons to anfwer appeals
in England, 188. Is fummoned to afli It Edward
in his war with France, 190. His treaty with
France, 191. Commences war with Edward, 194,
Renounces his homage to Edward, 196. Is de-
feated by Edward, 198. Is reduced to fubmiflion,
199. Is with his fon fent to London, and de-
tained in cuftody, 200. Is delivered up to the
pope's nuncio, 212. His death, 226;.

Bamburgh, ancient defcription of, 35, note. The
caille of, taken by Edward IV. 426, Is furprifed
by Sir Ralph Gray, 427.

Barnet, battle of, between Edward IV. and the earl
of Warwick, 434.

Bannockburn, battle of, between Edward II. and
Robert Brus, 245.

Barons, Englifh, are ftimulated by archbifhop Lang-
ton to claim of king John, the liberties granted
by Henry I. 121. Extort Magna Charta and the
charter of Forefts from him, 122. Thofe of
Northumberland and Yorklhiie league with Alex«.
ander II. king of Scotland, againft John, 123,
Offer the Englifh crown to prince Louis of France,
124. On John's death return to their allegiance
to his fon Henry, 12J. Affociate againft him
under Simon de Montford earl of Leicefter, 150.
Battle of Lewes, 154. Battle of Evefham, ibid.

Refufe

Rcfufe to affift Edward I, in his expedition to Gaf-
cogne, zoz. Obtain a ratification of the Great
Charter, 209. Obtain additional fecurities for
their liberties, 214. Oblige Edward IT. to banifh
Gavefton, 234. Lords ordainers appointed, 236.
Put Gavefton to death, 240. Unite againfl the
Defpenfers, 267.

Barton, Andrew, a Scotch Tea officer, his fhips at-
tacked by the Englifh, 480. Is commifiioned to
make reprifals, 482.

Beaton, Cardinal, endeavours to feize the reins of
government under the infant queen Mary. 543.
His intrigues, 546. Is murdered, 556.

Beaumont, lord Henry, is reftored to his efhte and
honours, on the death of Roger Mortimer, 292.
His wealth and family connexions 295. Is the
chief perfon in ftimulating Edward Baliol to affert
his pretenfions to the crown of Scotland. 296.
Receives ill treatment from him, and leaves his
court in difguft, 313. Is taken prifoner in his
caftle of Dundarg, 3 1 4.

Bccket, Abp. murdered at Canterbury, 94.

Bede, his account of the orign of the Scotch nation,
7, note. His character of the Scotch bifhops, 24.
His epitaph on St. Wilfrid, 31, note.

Bedford, Francis Ruffel earl of, appointed governor
of Berwick, and warden of the Eafl marches. 614.
Encourages depredations on the Scotch borders,
618. Is fent ambaiTador to Scotland, to affift at
the baptifm of prince James, 622.

Bedford, John duke of, is made lord lieutenant of
England, during the abfence of Henry V. in
France, 382. Obtains the adminiflration of affairs
in France for his young nephew Henry VI. 387.

Benhale, Sir Robert, kills Turnbull a gigantic Scotf-
man, 308.

Bernard D' Abbeville, founds the monks of the
order of Tirone, 76.

Bernicia, the Saxon kingdom of, its ancient limits,.
15, note.

Berwick, derivation of the name of that town, 15,
note. When firft built, 39. Difpute between the
Scotch governor of, and the bifhop or* Durham,
oncerning the rebuilding the bridge, 113, note.
Barbarous treatment of the inhabitants of, by king
John, 123. Is taken by Edward I. 195. A
parliament called there by Edward, 200. An ex-
chequer eftablifhed there, 202. Is feized by Sir
William Wallace, 207. Is recovered by earl
Warenne, 209. Is taken by Robert Brus, 257.
Js befieged by Edward III, 303. Surrenders, 309.
The caftle, town, and county of, granted by
Edward Baliol to Edward III. 312. The town
furprifed by the Scots, 341. Is recovered by
Edward. 342. Is again furprifed by the Scots,
349, Is reduced by the earl of Northumberland,

350. Is betrayed to the Scot; and again recovered
bv the earl, 355. Is furrendered to the Scots by
Henry VI. then a refugee in Scotland, 424. Is
reftored to England by treaty, 414. A truce con-
cluded there between England and Scotland, 524,
529. Alterations made in the fortifications there,
574. Englifh and Scotch comniiffioncrs meet there
to fettle border difputes, 579, The ftate of, de-
ferred by lord Wharton, 589, note. Queen
Elizabeth's early care for the defence of, 592.
A treaty concluded there between the duke of
Norfolk and the Scotch reformers, 599. Regula-
tions made for the garrifon of, by the lords Hunf-
don and Huntingdon, 652. Treaty of friendfhip
concluded there between queen Elizabeth and
James VI. 667. The garrifon of, broke by James
I. 706.

Billy Myre, a truce concluded there between the
Englifh and Scots, 356.

Blackheath, the Cornifh rebels defeated there by the
lord Dawbeny, 46 S.

Blackmail, prohibited by the Englifh parliament,
700.

Blois, a defenfive treaty figned there between Eng-
land and France, exclufive of Scotland, 644.

Bloreheath, battle of, between the earl of Salifbury
and lord Audley, 420.

Borderers, the law of evidence in difputes between,
664. Regulations eftablifhed by the commiffion-
ers at Carlifle to preferve peace among, 690.

Borders, the laws and cuftoms, fubftance of, 138.
The name of, prohibited by James I. of England,
and that of middle fliires fubftituted in the Head,
706.

Botbivell, earl of, makes an inroad on the Englifh
borders, and defeats Sir Henry Percy, 591.
Seizes money fent from England to the Scotch
reformers, from the laird of Ormefton, 596. Is
made lieutenant of the Scotch marches, 618. The
queen difcovers an immoderate attachment to him,
621. Is thought to have contrived the murder of
the king, 623. Is married to queen Mary, ibid.
The nobles aflbciate againft him and confine the
queen, 624,.

Bothivell, Francis earl of, grandfon of James V.
has a correfpondence with the exiled Scotch lords,
660. AfTociates with them againft the earl of
Arran, 665. Propofes to revenge the execution of
queen Mary, by an invafion of England, 672.
His declaration to the duke of Parma's agent, 673.
Is profecuted for witchcraft, 676. Is proclaimed
a traitor and outlawed, 677. Attempts to feize
the king, 678. Extorts a pardon from him, 681.
Defeats a fmall troop fent by the king under lord
Home, 684, Dies at Naples, 686.

Boulogne t .

N D

Boulogne, is befieged by the French, 569. Peace
concluded there between England and France,
including Scotland, 570.

Brankflon, a fkirmifh there between the Englifh and
the Scots, 5 19.

Brigantes, the people fo named pointed out, 2,
note.

Britain the firft authentic accounts of, given by the
Romans, 1. The model of its government under
Conftantine the Great, 6. Evidence of the great
progrefs of Chriftianity in, under his reign,
7. Names of the four fouthern provinces of, 9,
note. The Romans there eleft an emperor for
their own protection, 11. The ifland deferted by
the Romans, 12. The Britons harsffed by the
Scots and Pifh, 1 3. See Vortigern, Saxons,
Danes, and Normans.

Broughty Craig, is taken by the Scots, 569.

Brus, David, is married to the princefs Joan, filler of
king Edward 111. 289. Succeeds to the crown of
Scotland, 290. Is expelled the kingdom by Ed-
ward Baliol, 310. Returns to Scotland, and
ravages the northern counties of England, 332.
A truce concluded between him and Edward, 333.
335. Makes a diverfion in the north of England,
at the defire of the king of France, 336. Is de-
feated and taken prifoner by queen Philippa, at
Neville's Crofs, 337. Treaty for his ranfom, 34.4.
Dies, 347.

Brus, Edward, brother to king Robert, belieges
Stirling calHe, 241. Which furrenders, 247.
Ravage; the north of England, 248. The crown
of Scotland fettled on him and his heirs, 249. Is
crowned king of Ireland, ibid. Is deftroyed at
the battle of Dundalk, 260.

Brus, Robert, prepares to affert his pretenfions to the
crown of Scotland, immediately on the death of
queen Margaret, the maid of Norway, 169.
Foundation of his claim, 170. Acknowledges the
fovereignty of Edward I. over the crown of Scot-
land, 174. His plea, 180. Produces another in
a different form, 182. Judgment given againft
him, 183.

Brus, Robert, grandfon of the former, kills John
Comyn of Badenoch, 226. Is crowned king of
Scotland at Scone, 227. Is totally routed, 228.
His party feverely punifhed, 229. Appears again
fuddenly at the head of a hardy band, 230. Makes
great progrefs in fubduing Scotland, 234. Com-
pleats the reduction of the kingdom, 239. Ravages
the north of England, 240. Takes Roxburgh
and Edinburgh caitles, 241. Gains the battle of
Bannockburn, 245. Goes to aflift his brother in
Ireland, 252. Carries on a fecret correfpondence
with the earl of Lancafter, ibid. Seizes Berwick,
257. Is excommunicated, 260. Makes a truce
with Edward, 264. Makes an inroad into Lan-

E X.

cafhire, 270. His fon David born, 27;. Articles
of a truce between him and Edward, ibid. Breaks
the truce, 283. Purchafes of king Edward HI.
a renunciation of all claim to fovereignty over
Scotland, 287. Treaty of peace and marriage with
England, 288. His death and chat after, 290.

Butcleugb, the laird of, afiaults the caille of (Jarlifle,
and releafes William Armftrong a Scotch pnloner
there. 688.

Buchan, countefs of, how punifhed by Edward I,
229.

Buchanan, George, his defcription of the caftle of
Wark, 516.

Bullock, William, chambeilain of Scotland under
Edward Baliol, furrenders the caftle of Cowper,
and ftvears fealty to D ivid Bruce, 329. His
fcheme to furprife the caftle of Edinburgh, 330.

Burghs, Royal, the firti in Scotland, 88.

Burnt Candlemas, why fo diftinguifhed, 343.

CALAIS, an interview there between Henry VIII.

and Francis I. 508. Is finally taken by the

French, 589.
Caledonians, diftinguifhed from the Masatae, 4.

Derivation of their name, 8, note.
Ctmbray, peace of, between France and Spain,

592.
Canute, the Dane, obtains pofTeflion of all England,

53-

Caraufius, affumes the purple in Britain, 5. Is ac-
knowledged by Dioclefian and Maximilian, as a
colleague, 6. Is murdered, ibid.

Carey, Sir John, is intruded with the care of Ber-
wick, on the death of Peregrine Bertie lord Wil-
loughby, 700.

Carey, Sir Robert, is fent ambafTador from the court
of England to apologize to James VI. for the
execution of his mother queen Mary, 669. His
vigilant conduct in preferving peace on the borders,
696. Contrives to be the firft meflenger to ac-
quaint James VI. of his acceflion to the crown of
England, 70 1.

Carlijle, deftroyed by the Danes, is rebuilt by Wil-
liam Rufus, 69. Is burned by Sir William Doug-
las, 335. Martial conduct of the bifhop, 336. A
convention figned there by Englilhand S otch com-
miffioners, to prevent diforders on their borders,
609. A Scotch robber, William Armftrong, refcued
from the caille of, by the laird of Buccleugh, 688.
A meeting of cemmiflioners held there to redrefs
diforders in the marches, 6S'g. Articles agreed to by
them, 690. The garrifon of, broke by James I.
706.

650, Is

Carmichael, Sir John, flcirniifh between his men and

thofe of Sir John Forrefler, at the Red Swiie,
650. Is fent prifoner to England, but dilmifled
honourably, 651.
Carrick, earl of, meets John duke of Lancafler to

treat about border affairs, 35 1. Succeeds to the

crown of Scotland, 358. See Robert III.
Ceoltvulf. king of Northumberland, refigns his ciown

and turns monk, 34.
Charles V. emperor of Germany, his difputes with

Francis I. of France, 511. Vifits England, 513.

Defeats, and takes Francis prifoner at Pavia,

522.
Cbatelberault, duke of, (fee Arran.) Goes over to

the reformed party in Scotland, and ncgociates

with the Englifh court, againft: the ambitious views

of France, 596.
Clarence, George duke of, marries the daughter of

the earl of Warwick, 432. Deferts Warwick at

the battle of Barnet, 434. Falls a viflim to the

refentment of the queen and her party, 440.
Clergy, primitive Scotch, their difinterelied piety,

24.
Coldingham, the monaftery of, burned, 35. Re-
markable ftory of the fecond burning of. 41, note.

Is annexed to the convent of Durham, 72. The

Englifh ineffectually attacked in the abbey there,

bv the earl of Arran, 551.
Coldjlream, a truce concluded there between England

and Scotland, 460,
Columba, St. the image of, an excellent protection to

the monatlery of Inchcolm, 319, note.
Commodus, emperor, affumes the appellation of Bri-

tannicus, 3.
Conjlantine the Great, the model of his government,

6.
Convention at Salifbury for the protection of Margaret

of Norway queen of Scotland, 165,
Copland, John, a Northumbrian efquire, takes king

David Brus prifoner at the battle of Neville's Crofs,

338.
Cofpatriclt, obtains the earldom of Northumberland

from William the Conqueror, 60. Is deprived

and takes refuge in Scotland, 63.
Coventry, a truce concluded there between England

and Scotland, 419.
Crejjlngham, Hugh, is made treafurer of Scotland by

t.dward 1. 202. Is killed in an aftion with Sir

William Wallace, 206. His body indignantly

treated by the Scot-, 207.
Crejjy, memorable battle of, gained by Edward III.

and his fon the B'.ick Prince, 336.
Crima, cardinal John of, the fir rt who ever entered

Scotland with a legatine commiflion, 75.
Cumber/and, the county of, prefented by Edmund

king of England, to Malcolm king of Scotland,

,48, Why not included in Doomfday b-ok, 6-,
1

The county of, ravaged by James Douglas !or<f
Balveny, 4C7.

Cumberland. George Clifford carl of, is appointed by
fames I. of England, warden of the veil and
middle marches, lieutenant general of Cumberland,
Northumberland, and Weltmoieland, and of New-
caflle upon Tyne, 705.

Cuthbert, St. particulars of his life, 26.

D ACRES, Leonard, affembles a number of ban-
ditti and raifes an infurrecliou on the borders, 633.
Is defeated by lord Hunfdon, 634.
Dalkeith, the caftle of, taken by lord Grey, 564.
Danegelt, occafion of levying that tax, 51.
Danes, their firft defcent in Britain, 56. Account of

them, 40.
Dsrcy, Sir Anthony, is made warden of the eaft
marches by the duke of Albany, 50;, Is
murdered by the Homes, 507.
Darcy, Sir Arthur, defeats the Scots on the borders,

532.
Darnley, Henry lord, queen Mary's motives for
marrying him, 616. Marries her and is declared
king of Scotland, 617. Murders David Rizio, 620.
Is murdered himfelf, as was fuppofed by the earl of
Bot'nvell, 623.
David I. king of Scotland, why highly praifed by the
monks, 74. Introduces monafteries of the order
of Tiione into Scotland, 76. Supports the pre-
tenfions of his niece the emprefs Meui", to the
crown of England, 78. Concludes a peace with
Stephen, ibid. Founds the monaftery of Mailros,
79. Invades Northumberland, 80. Is routed at
the battle of the Standard, 83. Cultivates the ufe-
ful arts, 86. His pious foundations, 87. Incor-
porates boroughs, 8S. Death of him and his fon
Henry, 89.
Da<vi/on, Secretary, is fined in the ftar chamber for
difpatching the warrant againft Mary queen of
Scots, 670.
Daivbeny, lord, defeats the Cornifh rebels at Black-
heath, 468.
D'Ayala, Peter, the Spanifh ambaffador to tht
Scottifh court, mediates a truce between James IV.
and Henry VII. 468.
Debatable land, is parted between the kingdoms of
England and Scotland, 573. Ordered to be divid-
ed and perpetual boundaries and land-marks fixed
between the two kingdoms, 614.
Defpenfer, father and fon, favourites of king Edward
II. the barons unite to oppofe them under the earl
of Lancafler, i(y. The father created earl of
Winchefter, 269. Are both fei-.ed and executed,
381.

D'EJi

N D E X.

D'EJe, Sieur, a French general makes an attempt on
Haddington, 565. His inroads on the Englilh
borders, 567. Returns to France, 569.

Donald Bane, ufurps the crown of Scotland, 70.
Is difpoflefled by Edgar, 72.

Douglas, lord, has the cuitody of the marches con-
fered on him, 253. Makes an inroad into York-
fhire, 259. 263. Makes an attempt to kill Ed-
ward III. 284. Is killed in Spain, 295.

Douglas, lord Archibald, is defeated and killed by
Edward III. at the battle of Haledon-hill,
309.

Douglas, Archibald earl of, is defeated and taken
prifoner by the Percies at the battle of Homeldon,
371. Is taken prifoner by Henry IV. at the battle
of Shrew/bury, 373. Breaks his faith wi;h Henry,
379. Makes his peace with Henry, 380. Makes
an inroad on the Englilh borders, 386. His
league with Henry V. 387. Dies in France, 388.

Douglas, James earl of, defeats lord Percy at the
battle of Otterburn, takes him with his brother,
prifoners, but lofes his own life, 357.

Douglas, James of Abercorn earl of, is made warden
of the marches, 405.

Douglas, James earl of, is appointed plenipotentiary
at the court of England, 415. Rebels, and is
forced to take refuge in England, 416. Receives
a penfion from England, 417. Rebels again, and
is again driven to England, 418. Is made keeper
of the caflle of Craigfergus, 429, note. Is taken
prifoner at Lochmaben, 447.

Douglas, William earl of, is decoyed into the caftle
of Edinburgh, and there murdered, 405.

Douglas, William earl^of, marries his coufin Beatrix,
and engroffes the whole power of government,
406. Reftitution made out of his eftate to per-
sons injured by him, during his pilgrimage to
Rome, 412. Enters into private negociations with
the Englilh court, ibid. Is ftabbed by James II.
415.

Douglas, Sir William, furprifes the caftle of Edin-
burgh for David Bruce, 330. Reduces Stirling
caftle, 331. His cruel murder of Sir Alexander
Ramfay, 33;. Invades Weftmoreland, ibid.

D'Oy/el, the French king's lieutenant in Scotland,
endeavours to rebuild the fortrefs at Eyemouth,
585. Is prevented by the Scots nobles from be-
lieging the caftle of Wark, 587.

Drury, Sir William, marfhal of Berwick, commands
the army that attended the earl of Lennox to
Scotland, 638. Is fent to Edinburgh to mediate a
peace between the contending parties, 641. Is
fent again with LeCroc, on the fame errand, 641;.
Undertakes to reduce the caftle of Edinburgh, on
conditions between him and the earl of Morton
regent, 648. Reduces the caftle, 649.

Dryburgb, the monaftery of, founded, 87.

Dryethehne, monk of MailiOf, his fevere bodily

mortifications, 33, note,
Dumfries, the (own, cait'e, and county of, granted

to Edward III. by Edward Baliol, 312. The .

town burned, 384. Is plundered and burned by

the earl of Suflex, 639.
Dunbar, battle of, between John Baliol and the eail

of Wairenne, 198. The caftle of, befieged by

the lord Montague, 325. The fiege raifed. 327.

Is reduced by James 111. 453. Is burned by the

earl of Hertford, 548. Is burned again by the

German foldiers under the earl of Shrewsbury, 565.

The caflle of, taken by the earl of Murray from

Bothwell's dependents, 627.
Dunbar, Patrick carl of, ferves in the army of Ed-
ward I. of England, againft John Baliol king of

Scotland, 197.
Dunbarton, the caftle of, furprifed by the earl of

Lennox, regent, 640.
Dunglafs, the caftle of, taken and demolifhed by the

duke of Somerfer, 560. Is funendered to the

Scots by the peace, 571.
Dunfe, meeting of Englilh and Scots commiffioners

there, on border difputes, 584. Is burned,

589.
Dunjlan, abbot of Glaftonbury, particulars of his

hiftory, 48. Is made abp. of Canterbury,

49-

Durham, election of a bifhop ftrongly contefted there.
86, note. 132, note, Anthony bifhop of, is ap-
pointed lord lieutenant of Scotland, during the
minority of the queen Margaret and prince Ed-
ward of England, 168.

Durham, a feven years truce concluded there between
France and England, 389,

BAD BERT, king of Northumberland, refigns his
crown, and turns monk, 35.

Eajler, early difputes concerning the proper time of
celebrating it, 22.

Eajlerivin, joint abbot of Weremouth, his laborious
courfe of life, 30, note.

Ebba, abbefs of Coldingham, tragical ftory of her
and her nuns, 41, note.

Eddrington, the fortrefs of, reftored by Henry VIII.
to James V. 535.

Edgar, fon of Malcolm Canmore king of Scotland,
obtains his father's crown by the afliftance of Wil-
liam Rufus, 72. His pious donations, ibid, 73.

Edgar Atheling, his claim to the crown of England
let afide by the battle of Haftings, 59. His lifter
Margaret married to Malcolm Canmore king of
Scotland, 63. Spends his days in peace,
ibid.

Sdtttj

Eden, or Edinburgh, the town of, granted to the
Scots, eo. The caftle of, furprifed by the earls
of Gloucefter, Dunbar, and others, to free king
Alexander III. and his queen from reftraint, 145.
The caftle, is taken by Edward 1. of England, 1 ,9,
By Robert Brus, 241. The town, caftle, and
county of, granted to Edward III. by Edward
. .1, 312. The caftle furprifed by Sir William
Douglas, 33c. The town burned by Edward III.
343. Is Ip3red by the duke of Lancafter, 353.
Is burned by Richard II. 355. Truce concluded
there between England and Scotland, 396. The
caftle, is reduced by Sir William Drury, and the
laird of Grange the governor executed, 649,

Edward I. king of England, fchemes to acquire the
fovereignty of the whoie ifland, 160. Reduces
Wales to obedience, 162. Is party to a convention
for the protection of Margaret of Norway, queen
of Scotland, 165. Obtains a papal difpenfation
for the marriage of his fon Edward, with the infant
queen of Scotland, 166. Aflumes the office of
arbiter, in the difputed fucceffion to the crown of
Scotland, 170. Requires his fovereignty to be
acknowledged, 171. Evidences cited by him in
favour of his title, 172. Obliges all the compe-
titors for the throne to recognife his claim and pro-
fefs fubmiflion to his award, 174. Receives oaths
of fealty from the principal perfons in Scotland,
177. Receives the petitions of the claimants, 178.
AiTigns the crewn to John Baliol, 1S3. Remarks
on his conduit in this affair, 184. Receives ap-
peals from Scotland, 185. His rigorous treatment
of John Baliol, 188. Enters into a war with
France, 190. Takes Berwick, 19c. Defeats
John Baliol at Dunbar, 198. Takes the caftle of
Edinburgh, 199. Removes the fatal chair from
Scone to London, 200. Calls a parliament at
Berwick, ibid. Settles the government of Scot-
land, 201. Is diflurbed by the refractory be-
haviour of his Englifh clergy and barons, 202.
Is obliged to ratify the Great Charter, 209.
Marches an army into Scotland, 210. Defeats the
Scots at Falkirk, 211. Makes peace with France,
212. Marries Margaret of France, 213. His
nobles refufe to attend him into Scotland, ibid.
Receives a mandate fiom Rome to defift from
hoftilities againft Scotland, 214. His letter to the
pope, 216. Carries an army through Scotland,
and procures his authority to be every where ac-
knowledged, 220. Reduces Stirling caftle, 222.
Admits Scotch delegates into parliament, to fettle
the government and police of, 224. Solemn
knighting of the prince of Wales, 227. His
fevere punifhment of Robert Btus's party, 229.
Dies, 231.

Edward II. the firil acts of his reign weak and im-
politic, 23 z. Marries Ifabel daughter of Philip

the Fair of France, 234. Appoints G
lieutenant of Ireland, ibid. Recalls Gavefton, 235.
Is fubjected to the regulation o! the lord
tiers, 236. Enters Scotland with an a/my,
Is forced to banilh Gavcfton, 238. R.cverl
ientence paired againft him, 239. Is defeated by
Robert Brus, at the battle of Liannockburn, 24 j.
Befieges Berwick, 262. Truce with Scotland,
264. Levies forces againft Scotland, 270. Is
furprifed by the Scots in Yorkfhire, 272. Articles
of a truce between him and Robert Bruce, 275.
Is depofed, 281. Is murdered, 2S6.

Edward 111. is contracted by bis mother Ifabel,
prince of Wales, to Philippa daughter to the ei'l
of Hainault, 280. Succeeds to the crown by the
deposition of his father, 281. Is married, 286.
Renounces all claim of fovereignty over the king-
dom of Scotland, Z87. Claims a right of fuc-
ceffion to the crown of France, 288. Frees him-
felf from the infolent controul of Mortimer, 291.
His clandelline treaty with Edward Baliol publifhed,
299. Declares war againft kirg David Druce.
302. Takes Edinburgh caftle, 304. Enters into
a treaty of capitulation for Berwick, 305. Defeats
lord Archibald Douglas on Haledon hill, 307.
Berwick furrendered to him, 309. Receives ire
homage of Edward Ealiol, 312. Obtains ex-
tenfive grants in Scotland from Baliol, ibid. Over-
runs Scotland with two armies, 316. Vifits ic
again, 323. AiTerts his claim to the French
monarchy, 328. Makes great preparation for
profecuting the war in Scotland, 329. Relieves
the caftle of Wark, and becomes enamoured with
thecountefs of Salifbury, 333, Concludes a truce
with David Brus, ibid. Gains the memorable
battle of Crefly, 336. Edward Baliol makes a
formal furrender of his whole right to the kingdom
of Scotland to him, 342. Is forced to return with
his army to England for want of provifions, ibid.
Burns Edinburgh and other towns in revenge,
343. Misfortunes that befel him at the clcfe of
Lis reign, 348.

Edward IV. defeats the Lancallrians at Towton,
42.]. Concludes a truce with Scotland, 42 ;.
His imprudent marriage with Elizabeth Wideville,
43c. Is reduced to fly the kingdom, 433. Re-
turns, and defeats Warwick, 434. Defeats qu.rcn
Margaret at Tewkefbury, ibid. Concludes a truce
with Scotland, 436. Contracts hisdau^l t-.r Cecilia
to prince James of Scotland, 439. His treaty with
France, 440. Dies, 446.

Edward VI. of England, his acceffioi, c:~.
Dies, 578. For events in his reign, fee Somer-

Jr..

Edward, prince of Wales, ufually called the Black

Prince, affifts his father in gaining the memor. ble

victory at Crefiy, 3^6. Gain: the extraordinary

4 Y victory

N D

victory of Poicliers. 343. Dies before his father,

348.
Edivin, king of Northumberland, his hiftory, 16.
His great power, and converfion to the Chriftian
faith, 17. His death, 18.
Edwin and Moror, earls, their conduct after the

battle of Haltings, 59. Their fate, 63.
Egbert, the firft Saxon king of all England, is har-

rrjffed by the Danes, 40.
Egfrid, king of Northumberland, defeated and

killed by the Pictf, 25.
Elizabeth, queen of England, commences her reign
with vigorous orders for fecuring her frontier to-
ward Scotland, 592. An inftance of her frugality,
593. Articles in the peace of Chateau Cambrefis,
ibid. Mary queen of Scots, fet up by the French
court, as a pretender to her crown, 59;. Affilis
the Scotch reformers, 596. Concludes a "treaty with
them, 599. Correfponds with Mary queen of
Scots, 607. The intended interview between
them frufirated, 608. Supports the Protdlants in
France and Scotland, 609. Thwarts queen Mary
in her various projects of marriage, 615. Endea-
vours to produce a rupture between the two king-
doms, 618. Sends trie earl of Bedford amb^fla-
dor to Scotland, to cultivate a good underilanding
with Mary, 622. Endeavours to ncgociate for her
liberty, 625. Commits the duke of Norfolk to
the Tower for his projected marriage with queen
Maiy, 630. Sends the earl of Sufiex with an
army into Scotland, 634. Preliminaries toward a
peace with Scotland, 639. Concludes a defenfne
treaty with France, exclufive of Scotland, 644.
juflifies her conduit toward Scotland, to the king
of France. 647. Affifts the Hates of the low
countries, 657. Piotefts the Scots lords who took
refuge in England, 660. Strengthens herfelf by
lcr.j'ues with the Proivftant Hates on the Continent,
663. Serds the earl of Leicelter with troops to
the afiiflance of the United Province?, 666.
Treaty of friendship between her and James VI.
of Scotland, concluded at Berwick, 667. Her
letter to James VI. apologifing for the execution
of his mother queen Mary, 670. Returns thanks
to James for his offers of afliftance againlf. the
Spanifh invafion, 673. Informs the Scots council
of the fecret practices of the catholics, 675. Sends
the lord Zouche ambaffador extraordinary to Scot-
land, to remonftrate with James on his conduct,
683. Ded nes r< Ming James with money, 68;. Con-
cludes an offenfive and defenfive league with Henry
IV. of France, 688. Declares her refolution to
enforce the execution of the regulations eltablifhed
by the commiffoners at Carlifle, 695. Difgrace
and death of the earl of Efltx, 698. Dies,
701.

Eric, king of Noiway, marries Margaret piincefi?
of Scotlanl, 160. His infant daughter recognifed
heirefs to the crown of Scotland, 162. His am-
bafTadors agree to a convention with England and
Scotland, for her protection, 165. Puts in his
claim to the crown of Scotland, 179.

Effex, earl of, his difgrace and death, 698.

Evejham, battle of, between prince Edward and
Simon de Montford earl of Leicelter, 154.

Eure, Sir Ralph, ravages the Scots borders, 550.
h defeated and killed at Ancrum Moor, 553.

Exchequer for Scotland, eftablifhed at Berwick by
Edward I. 202.

Eyemouth, incurfions produced by D'Oyfel's attempt
to rebuild the fortrefs there. 585.

FALKIRK, battle of, between Edward I. of
England and Sir William Wallace, 21 r.

Fajl-caftle, is taken by Patrick Dunbar, 380. Is
furprifed by the Scots, 566. Surrenders to Sir
William Drury, 637.

Fergus, arrives and fettles in Scotland from Ireland,
9, note.

FlawbarJ, Ralph, bifhop of Durham, his ingrati-
tude to Edgar king of Scotland, 73. Builds the
caflle of Norham, 74.

Floddcn field, its fituation defcribed, 48?. Memor-
able battle there between the earl of Surrey and
James IV. of Scotland, 491.

ForreJJer, Sir John, meets the Scots regent the earl
of Morton, to fettle peace in the marches, 650.
Skirmifii between his men and thofe of Sir John
Carmichael, at the Red Swire, 651,

Fox, bifhop of Durham, receives power from James
IV. to negociate his marriage, with the eldell
daughter of Henry VII. 473.

Fran:':; I. of France, renews the treaty of peace be-
tween France and England, 498. Concludes a new
one, 507. Has an interview with Henry VIII. 508.
Flenry is detached from his interefls by cardinal
Wolfey, 511. Is defeated at Pavia and taken
prifoner by the emperor Charles V. 522. Sends
fuccours to his Scotch allies, 553. His treaty with
England, 555. Dies, 557.

G AMEL 1NE, bifhop of St. Andrews, is driven out
of Scotland, 149. His party recovers the afcen-
dance andJie becomes a chief man in adminillration,
150.

Garter, order of, the adventure which laid the firft
foundation of, 333.

6 Gavefton,

Cave/Ion, the favourite of Edward II. made earl of
Cornwall, 232. Is appointed lieutenant of Itelan J,
234. Is recalled, 23 ;. Commands great part of
the army in Scotland, 238. Is banilhed by par-
liament, ibid. Returns, 239. Is feized and put
to death by the barons, 240.

Caul, is ovenun by northern baibarians, i 1.

Gloucejltr, Humphry duke of, is iiitrulled wi:h the
affairs of England under the duke of Bedford, 387.

Gloucejltr, Richard duke of, is made warden ot
the weft marches, 4^5. Conduces an army to Scot-
land, attended by the duke of Albany, 443. Con-
cludes a treaty, 444. Seizes the crown of Eng-
land, 446. Lofes his kingdom and life at Bof-
worth, 452.

Grange, the laird cf, governor of Edinburgh caftle,
and provoft of the city, adopts the interells of
queen Mary, and fets lord Home at liberty, 636.
Becomes mailer of the city, 640. Is difappointed
in an attempt to furprife the parliament of Stilling,
642. His demands at the convention of eftates,
646. Is reduced by the linglifh general Sir Wil-
liam Drury, and executed, 649.

Gray, the mailer of, fent ambaiTidor fiom James VI.
ot Scotland to qieen Elizabeth. 661.

Gray, Sir Ralph, furprifes the callle of Bamburgh,
427. Is reduced and executed, 428.

Gray, Thcmas, his gallant behaviour in defending
Norham, 259.

Gregory the Great, king of Scotland, his exploits, 45.

Grey, lord, fortifies Haddington, and ravages the
Scots borders, 564. Ravages Tiviotdale and Lid-
difdale, 566.

Grey, lord, of Wilton, warden of the eaft and middle
marches, leads an army to ailill the Scots reformers
againil the queen regent, 600. Is the firft who
enjoyed the title of governor of Berwick, 606,
Dies and is lucceeded by the earl of Bedford, 614.

Gualo, the pope"s legate, excommunicates prince
Louis and his adherents, 125. His conduct in
abfelving the Scots nation from excommunication,
127.

HADDINGTON, is fouified and garrifoned by
the lord Grey, 564. Is befhged by the French,
but relieved, 565.

Haddon Kigg, encounter there between the earl of
Huntley, and Sir Robert Bowes, 539.

Halidon Hill, battle of, between king Edward III.
and lord Archibald Douglas, 3^7. A hot feirmilh
between the Englifh and Scots there, 591.

Hajuin, king of Norway, makes an unfuccefsful
defcent on thecoalls of Scotland, 153.

Harold, ion of earl Godwin, feizes th; crown on

the death of Edward the CcDfcllbr, 57. Is defeated
and killed by William duke of Normandy, 58.

Harold, earl of Caithnefs, i; reluced and taken
prifoner by William the Lion king of Scotland,
1 10.

Hartcla, Andrew de, defend^ Carlifle bravely againft
king Robert Erus, 250. Has the cuftody of all
the adjacent country commuted to him, 251. Is
inverted with the military command of the three
northern counties, 268. Is created eail of Carlifle,
269. Is removed from his oilicc, 272. h executed
as a traitor, 273.

Hajlings, battle of, between William Duke of
Normandy and Harold king of England, 58.

Ha'vre de Grace, iuirendered by the Englifh, and
the plague brought over by the garrifon, 609.

Haivdcn Stank, treaties and truces concluded there,
by the Englifh and Scots ccmmilTioners, 360.
362. 379. 393.

Hawick is burned by the earl of Suflex, 63 J.

Helena, the mother of Conllantine the Great, a
Briton born, 6.

Hengijl and Horfa, their arrival in Britain, 14.

Henry I. obtains the crown of England, 73. Marries
Maud, daughter of Malcolm Canmore king of
Scotland, ibid. Settles his crown on his daughter,
78.

Henry If. his great power, and acceffion to the crown
of England, 89. His difputes with abp. Becker,
94. Obtains the feudal fove. eignty over Scotland,
99. His fons rebel againft him, tot.

Hemy III, is intrufted to the care of William Mare-
fchal earl of Pembroke on his father's death, 125.
His treaty with Alexander II. of Scotland, 128.
Sources of the diflenfions between h'm and Alex-
ander, 130. Marries Eleanor of Provence, 132.
Engages in an unfuccefsful war with France, 135.
Concludes a peace with Alexander, 137. Agree-
ment between him and the Scots nobles at Rox-
burgh, 146. Provisions of Oxford eftablifhed,
150. Is abfolved from the obfervance of them,
152. Is taken prifoner, 154.

Henry IV. obtains the crown of England by the
depolition of Richard II. 366. Vtlits Scotland
with 3n army, 36c;. Defeats Henry Percy, called
Hotfpur, at Shrewsbury, 373. His agreement with
Percy earl of Northumberland, at Pontefrail callle,
374. Seizes James prince of Scotland, 377.
Dies, 381.

Henry V. renews the truce between England and
Pcitland. 381. Prepares for his expedition to
France, 382. His negociations with France,
38;. Returns to England with his young queen
Catharine, 386. Dies in Fran:e, 387.

Henry VI. his proffered marriage with the daughter

of James I. rejected by the Scotch parliament, 31J9.

The duke of York forms pretentions to his ciown,

4 Y 2 414. His

N D

E X.

414. His intellects impaired, 416. Falls under
the power of the York party, 417. Is defeated
and taken prifoner by the earl of Warwick, at
Northampton, 421. Takes refuge in Scotland,
424 Vields up Berwick to "the Scots, ibid. Is
fei2ed and confined in the Tower of London, 427.
Is rcilored, 434. Is depofed and killed, ibid,

"inry VII. acquires the crown of England, 452.
Concludes a truce with Scotland, 453. His family
prejudice againit his queen, 455. Concludes a
treaty with France, 463. His negociations with
Scotland, 464. Concludes a marriage between
his eldeit fon Arthur, and the princefs Catharine
of Arragon, 468. His daughter Margaret con-
tracted to James IV. of Scotland, 473. Dies,
17 8.

MeHry VIET, of England, his character, 478. Hs
v. ir with Fiance productive of a rupture with
Scotland, 479. Additional caufes of this rupture,
480, 481, His reply to James's letter of com -
plant, 484,. Makes peace with France, 496.
Concludes a treaty with the duke of Albany, 503.
Concludes a new treaty with France, 507. Has
an interview with Francis I. 508. Is fwayed by
cardinal Wolfey to adopt the intereils of the em-
peror Charles V. againit Francis, 511. Requires
the Hates of Scotland to depofe the duke of Albany
from his charge of the king and government,
512. h vifiied by the emperor Charles V. 513.
Concludes a truce with Scotland, 521. Another
for thiee years, 524^ For five years, 530. Pro-
fjcutes his divorce from Catharine of Arragon,
531. Aflumes the fupremacy over the Englifh
church, C32. Concludes a peace with James V.
534. His friendly offers to James, 536. Ex-
communicated by the pope, 537. Marries Anne
of Cleves, ibid. Is dilappointed by James in a
promifed interview, 538. Projects a marriage
between his fon Edward, and Mary, the infant
queen c'f Scots, 542. Forms a fcheme to get
p< (Tefllon of the young queen, and the adminiftra-
tion of the Scots government, 544. His treaty
with Scotland, 545. Sends the earl of Hertford
to invade Scotland, 548. His treaty with the earl
of Lennox, 549. His treaty with France, 555.
Die's, 557.

Htnvy [If. of France, murdered by Jaqu.es Clement,

6 ;s-

Henry IV. of France, his acceflion, 675. Conforms
to the Romifh religion, 6S2. Enters into a war
with Spain, 686. Concludes an offenfive and de-
fthfive league with Elizabeth of England, 688.

urn, Ji hii, prior of St. Andrews, gains the con-
fidence of the duke of Albany, regent of Scotland,

n, the formation of, 14, Reduced
10 one goVe.'hmeh't by Egbert, 40.

Hereford, Humphry Bohun, earl of, heads the mal-
content Englilh barons in their oppofition to Ed-
ward I. 202.

Hertford, Edward Seymour, earl of, leads an army
into Scotland, 548. Is made duke of Soaierlet,
and protector during the minority of Edward VI.
;c,8. See Somerfet.

Hexbam, battle of, between lord Montacute and the
Lancaftrians, 427.

Holy League, in France, fome account of their pro-
ceedings, 662.

Holyrood-houfe, the conver.t of, founded by David I.
of Scotland, 87, note.

Home-caftle, is taken by the duke of Somerfet, 562.
is retaken by the Scots, 566. Reduced by the earl
of SufTex, 636.

H^me, lord, contributes his intereft to make the duke
of Albany regent of Scotland, 497. Cabals againll
him, 500. Submi.s, 501. Is fei^ed by the regent,
504, Is beheaded, 505.

Home, lord, warden of the eafl march, affociates in
the earl of Bothwell's rebellion, 677. Submits and
is pardoned, 678. Returns to court, 6S1. Is
defeated by the earl of Bothwell, 684. Is gratified
out of Bothwell's forfeited eftates, 686.

Homeldon, battle of, between Percy earl of Northum-
berland, and the earl of Douglas, 371.

Hotffur; fee Percy,

Hume, Alexander lord, is appointed chief judiciary
and lord lieutenant over the three marches of
Scotland, by James VI. 703.

Hunfdon, lord, governor of Berwick, defeats Leonard
Dacres, near the river Golt, 634. Regulations
made by, for the garrifon of Berwick, 652. Is
employed to pacify king James VI. after the execu 1
tion of his mother Mary, 671.

Huntley, earl of, one of the catholic lords, is much
difappointed by the defeat of the Spanilh Armada,
673. Quarrels with the earl of Murray, 676.
Murders him, 678. Retires to France, 686. Is
reftored on abjuring popery, 688.

Huntley, George Gordon earl of, defeats Sir Robert
Bowes at Haddon Rigg, 539. Challenges the
duke of Somerfet to fingle combat, 560. Is taken
prifoner by Somerfet, 361.

Jama I. of Scotland, is feized and detained in cap-
tivity by Henry IV. of England, 377. The am-
bition of the duke of Albany obllructs his regain-
ing his liberty, 381. Accompanies Henry V. to
France, 386. Recovers his liberty and marries
Jane of Somerfet, 388. Concludes a truce with
England for feven years, 389. Finds great
difficulties in making his payments to England,

391. Con-

N D

39r, Concludes a marriage between his eldcft
daughter and the Dauphin of France, 393. Treaty
between his commifTioners and th >fe of England,
for the mutual redrefs of injuries, ibid. His pru-
dent domeilic admmillration, 399. Deprives the
earl of March of his earldom and lands, 400. Is
murdered by the procurement of the earl of Athol,
401.
'James II. of Scotland, his accefiion, 401. Marries
* Mary of Gueldres, 407. Orders latisfaclion to be
made out of the ear] of Douglas's eftate, to 1
whom he had opprcTed, 412. Kills the eail of
Douglas with his own hand, 415. Takes and
deilroys the town of Roxburgh, 422. Is killed by
the burlbiig of a cannon, ibid,
James 111. of Scotland, is crowned at Kello, 422.
Concludes a truce with Edward IV. of EngJ >nd,
429, Marries Margaret of Norway, 4;$. Con-
cludes a truce with England, 4 3 6. Com rafts his
fon James to Edward's daughter Cecilia, 439.
Is peifuaded by France to break the truce, 441.
Is reduced to fhut himfclf up in the cattle of Edin-
burgh, 443. Tne duke of Albany fubmis and
James is enlarged, 445, Reduces the cattle of
Dunbar, 453. Troubles fpringin;; from his at-
tachment to favourites, 457. Is reduced and
murdered, .459.
James IV. of Scotland, the violent manner, of his
obtaining the crown, 459. Leads an army into
England in favour of 1'erkin Warbeck, 467.
Solici s a marriage with the eldelt daughter of
Henry VII. 473. Is married to her, 478. Culti-
vates the arts of peace, ibid. Caufes of his rupture
with Henry VIII. 480, 481. Sends his complaints
to Henry, 4R3. Leads a numerous army into Eng-
land, 485. Takes the callle of Norham, ibid. Is
detained, and waftes his tiny; at the calUe of Ford,
ibid. His return to the earl of Surrey's defiance,
487. Batt'e of Flodden, 491. Is killed, 494.
James V. of Scotland, applies to the Englifh court
for a truce, 510. Is veiled with the regal admini-
ftration, 52c. Concludes a truce with England,
521. The cullody of him obtained by the earl of
Angus, 523. Efcape3 from him, 528. Concludes
a truce with England for five years, 530. Challifes
the border chieftains for their excefles, 531. Con-
cludes a peace with Henry VIII. 534. Marries
Magdalen cldeft daughter of Francis I. of France,

536. Marries for his fecond wife, Mary of Lorrain,

537. Declines an interview with Henry, ibid.

538. His nobles diiTaufied with him, 541. Dies,
542.

James VI. of Scotland, born, 621. Is baptifed at
Stirling, 622. Becomes king, by the forced re-
fignation of his mother, 625. He is crowned at
Stirling, 626. Creates Efme Steward lord
D'Aubigny, earl of Lennox, 654. h obliged to

order him to return to France, 6-%. Frees him"
felf from the reftraint of hi. nobles, 659. A
feciet correfpondence bet
difcovered, 663. Zct;! \ictes a II

alliance with the crown ol ,. 1,664,

of fiiendfhip between him and queen Eliz;
ci :•'' l.il at Berwick, 667. [flterpofes in !
of his nv> her, 669. Queen Elizabeth's lette
him on Ins mother's execution, 670. I pacified
by lord Hunfdon, 671, Oiiers affiftance to
Elizabeth againft the Spanifh invafion, 672. Mar-
ries the rnncefs Anne 1 f Den ma k, 674. Goes
to Norway to fetch her, 675. Returns to Scotland
with his queen, 676. Takes meal ures to fupprefs
the rebclhon of the earl of Bothwell and lord
Home, 677. His reply to the lord Borough the
' !li ambaffador, 680. Bothwell extorts a
paidon from him, ibid. Is denounced a rebel,
681. Elizabeth iemonilrat.es with him on his con-
dud by her ambaflador lo d Zouch, 683. His
proclamation on the report of a Spaniih invasion
of England, 6S7. Endeavours to eilablish the
epi'copal form of cliuxii government, 69S. His
folicitude to fecure his fuccefiion to the crown of
England, ibid. Gowiie's conlpiracy, t>.;9. Suc-
ceeds to the Engliih crown, 701. Se:s out for
England, 702. Repieil'es outrages on the borders,.
703. Declares his intention to unite his two
kingdoms, 704. Difguics his Englifh fubjscb by
conferring honours too liberally on his country-
men, ibid. Alters the name of borders to that
of middle fhires, 706. Advantages flowing
from the two nations of England and Scotland
coming under one fovereign, ibid.
James, lord, lieutenant and julticiary of Scotland,

fupprefles the banditti on the borders, 607.
Icolmkill, etymology of the name of that ifland, 2c,

note.
Ida, king of Bernicia, his arrival and fettlement in

Britain, 15. His fuccefiors, 16.
Jedburgh, the cattle of, taken and demolifhed by
the men of Tiviotdale, 378. The town of,
burned, 380. Js burned by the earl of Surrey,
515. And by Sir Ralph Eure, 550.
Inchcolm, the monaftery of, well protected by the

image of St. Columba, 319, note.
Joan, princefs, filler of Edward II f. is married to

David prince royal of Scotland, 289.
John, count of Montaigne, fucceeds to the crown of
England on the death of R.ichard I. 109. Divorces
his wife Avife of Glouceller, to marry Ifabel of
Engoulefme, the betrothed wife of Hugh count de
la Marche, 113. Summons William king of Scot-
land to Lincoln, ibid. Murders his nephew
Arthur duke of Britanny, 114. His quarrel with,
the pope, 115. Concludes a peace with William
king of Scotland,. 117. Is excommunicated, ng»

A croifade

A croifade publilhed againfl: him, 120. His nbjeft
fubmiffion to Panciolph the legate, i«i, Is oblig-
ed to grant h r agna Charta to his barons, 122. Is
ablolved from his oath to oblerve it, by the pope,
ibid. Ravages the borders, 123. His death,

IJabel, daughter of Philip the Fair of France, is
married to Edward II. of England, 234. With-
draws to Fiance, and contracts an intimacy with
Roger Mortimer, 2S0. Depofes her hufband,
281.

'Julius If. pope, his character, and quarrel with
Louis XII. of France, 479.

KEITH, lord, is ur.reafonably detained as a

prifoner by the earl of Northumberland, 622.
Keljo, a truce concluded there between England and

Scotland, 370. James III. crowned there, 422.

Is burned and plundered by the Englifli, 514,

540. 550.
Keljo-abbey, founded by David I. king of Scotland,

77.

Kenneth, king of Scotland, original caufe of his
enmity agiinlr. the Pifts, 38.

Ker cf Ancium, is murdered by Sir Robert Ker of
Cefsford, 676.

Ker, Sir Robert, is murdered by the Englilh at a
meeting on the marches, 481.

Ker, Thomas of Farniherft, concerts with the earl of
Arran an outrage on the bcrders, 664. Is con-
fined and dies, ibid.

Killegrcw, the Englifh ambaflador, afts as mediator
between the earl of Morton regent, and queen
Mary's party, 646.

Knox, John, the Scots reformer, is appointed itine-
rary preacher in the Englilh marches, 577, note.
Negociates with the Englilh court in favour of the
Scots reformers, 595.

LAMBERT, Simnel, his rebellion, 454.

Lancajler, earl of, carries on a private correfpon-
dence with king Robert Brus, 252. Defetts from
Edward II. at the liege of Berwick, 263. Heads
an afibciation of the barons againfl: the Defpenfers,
267. Is taken and beheaded, 269.

Lancajler, John duke of, is commiffioned to regulate
the affairs of the borders, and to treat with the
king of Scotland, 350. His negociations, 351.
His palace of the Savoy burned, ibid. Invades
Scotland, but fpares Edinburgh, 353. His con-

contraft with the earl of Northumberland for fhe
defence of the marches, 354. Is made duke of
Bedford, 382. See Bedford.

Langjide, battle of, between the earl of Murray and
Mary queen of Scots, 628.

Langlon, Stephen, is chofen archbifhop of Cmterbury
by the influence of the pope, in opposition to
king John, 116. Is admitted by the king, 121.
Inftigates the barens to claim the liberties granted
by king Henry I. 122.

Lauder, a foit erected there, commanded by S'r
Hugh Willoughby, 564. Surrendered to the
Scots on the peace, 569.

Leicejler, Simon de Montford, earl of, becomes chief
leader of the aflbciated barons again!! Henry III.
of England, 150. Battle of Lewes, 154, Is
killed at the battle of Evefham, ibid.

Leith, is buined by the Englifh under the duke oi
Somerfet, 561. The queen reger.t and her
French forces befieged there by lord Grey of
Wilton, 600. Treaty for the funender of, 604.
A body of the queen's forces defeated there by the
earl of Morton, 641.

Lelinghen, truce concluded there by England, France,
and Scotland, 35?.

Lennox, earl of, is defeated in an attempt to refcuc
James V. from the power of the eail of Angus,
527. Is killed, ibid,

Lennox, Matthew the young earl of, is fent over
from France to Scotland to negociate a renewal of
the treaties between thofe kingcoms, 544. Is en-
couraged by cardinal Beaton with the hopes cf
illegitimating the earl of Arran, regent, 546,
Marries the lady Mary Douglas, and concludes a
treaty with Henry VIII. 549. Is invited home
and reftored to his eltate on his fon the lord
Darnley's account, 616. Enters Scotland attended
by an Englilh army, 638. Is made regent of
Scotland during the minority of his grandlbn James
VI. ibid. Surprifes the caltle of Dunbarton, 640.
Is killed in the attack at Stirling, 642.

Lennox, Efme Steward lord D'Aubigny, created earl
of, 654. Contrives the ruin of the earl of
Morton, 656. Is made a duke, 657. Is forced
to retire to France where he dies, 658.

Lejly, Norman, murders cardinal Benon in his c.iflle
of St. Andrews, 556.

Leives, battle of, between Henry III. and his barons,

1 54-

Lindisjarn, Aidan conftituted firfl bifhop of, 20

When it ceafed being an epifcopil fee, 42.
Lindjay, Sir James, mutual generofity between him

and Sir Matthew Redman, 358.
Linlitbgoixi, a parliament held there in which the

proceedings againfl the lords aflbciated againfl the

earl of Arran were reverfed, 666.
Livingfton, Sir Alexander, is made guardian of the

young

E X.

young king James I. and governor of Scotland,
401. Murders the earl of Douglas in Edinburgh
callle, 40^. Diflrefs is brought on himfelf and
family, by the Douglas intereii, 407.

Lochhiien, queen Mary confined there by her nobles,
624.

Locbmaben, the duke of Albany and earl of Douglas
defeated there, 447. The caftle of, taken by the
S.ots, 353.

Louden, a tru:e for nin? years concluded there be-
tween England and Scotland, 402. A peace,

5 ; 4-
Longchamp, bifhop of Ely, joint jufticiary with Hugh

de Pudfey bifhop of Durham, is divefied of his

crhce for oppreflive condutt, 107.

Lothian, is granted by king Edgar of England to
Kenneth 111. king of Scotland, 50.

Louis XII. of France, his quarrel with pope Julius II.
470. Is attacked by Henry VIII. ibid. Con-
cludes a peace with England, 496. Dies, 498.

Louis, prince, fon and heir of Philip king of France,
is invited over to England by the barons, 124. Is
excommunicated, 125. Is forced to abandon
England, 126.

Lucy, Sir Anthony, his fuccefsful inroad into Scot-
land, 302.

MJEATJE, the people fo named pointed out, 3,

note.
Macbeth, cuts cfF king Duncan, and ufurps the crown

of Scotland, 55. Is defeated and killed, 56.
Macduff, thane of Fife, rellores Malcolm Canmore

to the throne of Scotland, 56.
Macduff, earl of Fife, account of his appeal to king

Edward I. of England, 187.
Macpher/on, Dr. his etymol >gy of the names Srots

and Pitts, 8, note.
Magdoil, Duncan, defeats the two brothers of

Robert Brus, 231.
Magna Charta, is extorted from king John by his

Engliih barons, 122.
Maiiro/s, the monailery of, founded by David I.

king of Scotland, 79.
Mail land of Lcth:ngton, fecretary to Mary queen of

Scots, is fent to the Engljfh court to negociate an

interview between the two queens, 608. Is taken

prifoner by Sir William Drury in Edinburgh caftle,

and is poifoned, 649.
Malcolm, king of Scotland, his military exploits,

55. Affords refuge to the diitrtilcd Er.glifh, after

the Norman conqueft, 60. His death 69.
Malcolm IV. king of Scotland, furrendets the northern

counties to Henry II. of England, 90. His death,

9'-

Mar, earl of, is made regent of Scotland during the
minority of James VI. on the death of the eail of
Lennox, 642. Sends lord Ruthven to the relief
of Jedburgh, 643. Is prevailed on to agree to a
truce with the queen's party, 645. Dies broken
hearted, 646.

Mar, Donald earl of, raifes an army to oppofe the
invafion of Eduard Baliol, 297. Is defeated and
killed, 298.

March, countefs of, defends the cafllc of Dunbar
againft the lord Montague, 32;.

March, George Dunbar ea^l of, abandons Scotland
and is received into the protection of Henry IV.
of EnglanJ, 367. His treaty with Henry, 368.
Affills the Percies at the battle of Homeldon,
371. Diflinguifhes himfelf on the king's fide at
the battle of Shrewfbury, 373. Makes his peace
with Scotland, and is reftored, 379.

March, George Dunbar earl of, fon of the preceding,
is deprived of his earldom and lands by James I.
400.

Marches, ancient laws and cuftoms of, 138.

Marches, Englifh, regulations made for the peace
and fecurity of, C74.

Margaret, eldeft daughter of Henry VII. of Eng-
land, contracted to James IV. of Scothnd, 473.
The treaty publifhed at St. Paul's Crofs, 476.
Her jointure, 477. Is married, 478. Is made
regent on the death of her hufband, 496. Marries
the earl of Angus, 497. Is" delivered of the lady
Margaret Douglas, grandmother of "James VI.
501. Retires to the Englifh court, 503. Carries
on a correfpondence with the eirl of Surrey, 518.
Procures her young fon James V'. to be veiled
with the regal adminillration, 520. Is made
prcfident of her fon's privy council, 523. !s
d'vorced from the e.irl of Angus, and marries
Henry Stuart created lord Methven, 526.

Margaret, princefs of Scotland, is matried to Eric
king of Norway, 160. Her dowry and jointure,
161, note.

Margaret of Norway, is recognifed heirefs to the
crown of Scotland, 162. Convention for her pro-
tection, 165. Negociation^ for her marriage uith
piince Edward of England, 166. Dies, 169,
See Baliol, and Brus.

Mary, queen of England, her acceflion, C78. Re-
ftores the Romifh religion by cruel means and
marries Philip II. of Spain, 579. Sends commif-
fioncrs to Berwick to fettle border d'Tputes, ibid:
Declares war with France to pleafe her hufband,
584. Dies, 592.
Mary of Lorrain, is married to James V. of Scotland
537. Her Hufband dies, 542. Is kindly received
by Edward VI. in her return from France to Scot-
land, 573. Is created regent in the ftead of the
earl of Arran when he was made duke of Chatel-

kerai

herault, 583, Endeavours to produce a war be-
tween Scotland and England, 5S5. The Scots
nobles refufe to invade England, 587. Is induced
to treat the reformers with rigour, 595. Is
fufpended from her powers by the proteftant lords,
597. Is befieged by the Englifh in Leith, 600.
Dies in the caftle of Edinburgh, 602.

Mary, queen of Scots, fucceeds to the crown at a
week old, 542. Is intruded to the care of the
earl of Arran, 543. Treaty of marriage between
her and prince Edward of England, 545. This
treaty annulled by the Scots parliament, 547.
Is fent to France, 56^. Is married to the Dauphin,
589, Articles in the peace of Chateau Cambrefis,
593. Is prevailed on by the court of France to
form pretenfions to the crown of England, 595
Returns to Scotland on the death of her hufband,
606. Enters into a correfpondence with queen
Elizabeth, 607. The intended interview between
them fruftrated, 608. Is thwarted by Elizabeth in
her matrimonial fchemes, 615. Marries Henry
lord Darnley, 617. Complains to Elizabeth of
depredations on the borders of her kingdom, 619.
Her quarrels with her hulband, and the murder of
her favourite David Rizio, 620. Becomes attach-
ed to the earl of Bothwell, 621. Makes a pro-
gress and views Berwick, 622. Remonftrates to
Elizabeth againft the detention of lord Keith, ibid.
Marries the earl of Bothwell thefuppofed murderer
of her hufband, 623. Is confined by her nobles
in the caftle of Lochleven, 624. Is forced to
refign her crown to her fon, 625. Efcapes from
Lochleven, 627. Her army defeated by the earl
of Murray at Langfide, 628. Flies to England,
ibid. Defires to vindicate her conduct before
Elizabeth and her council, 629. A rebellion in
Yorkfhire in order to her deliverance, 631. Treaty
of Chatfworth, 639, note. Propofals made by
her delegates at London, 640. Enters into a cor-
refpondence with the duke of Alva, 643. Her
intereft at the court of France, how weakened,
650. Enters into the ambitious views of the houfe
of Guife, 662. Is committed to clofe imprifon-
ment by Elizabeth, 663. Is tried and condemned
for engaging in Babington's confpiracy, 668. Is
executed in Fotheringay caftle, 669.

Marmion, Sir William, his gallant behaviour at Nor-
hmi, 259.

Maud, daughter of Malcolm Canmore king of Scot-
land, is married to Henry f. king of England, 73,

Maud, daughter of Henry I. king of England,
mairies the emperor Henry V. and has the crown
of England fettled on her, 78. Marries Geoffrey
Plantagene;, ibid. Is forced to fly by Stephen,
86.

Muximll, lord, affifls the affociated lords againft the
earl of Arran, 6O5 . Endeavours to aid the Spanifh
S

invafion, but is reduced and taken prifoner by
James VI. 672.

Metvill, Sir Robert, his embaffy from James VI. to
queen Elizabeth, 6J-0.

Metbmen, Dr. John, his proteftation in behalf of his
brother commiflioners in treaty at Winchetler about
a truce with England, 408.

Middleton, Gilbert, captain of banditti, robs the
cardinal John de OfTa, 25^,

Montacute, Neville lord, defeats the Lancaftrians at
Hexham, 427. Is created earl of Northumber-
land, 428. Refigns that title and is made marquis
of Montague, 433. Is killed at the battle of
Barnet, 434.

Monteitb, earl of, feizes Alexander III. king of Scot-
land in his bed, 149.

Moral, of Bamburgh, kills Malcolm Canmore king
of Scotland, when befieging Alnwick cattle, 69.

Mortimer, Roger, contracts an intimacy with queen
Ifabel, 280. Is feized in the caftle of Notting-
ham, and hanged at Tyburn, 291.

Mot timer 's crofs, battle of, between Edward duke of
York, and the earl of Pembroke, 423.

Morton, eatl of, delivers up the captive earl of
Northumberland by treaty with the court of Eng-
land, 64;. Is made regent on the death of the
earl of Mar, 646. Concludes a treaty with his
adversaries at Perth, 647. Undertakes the fiege
of the caftle of Edinburgh with Englifh troops on
conditions, 648. Settles the peace of the marches
in conjunction with Sir John Forrefter the Englifh
warden, 650. Accommodates the difference oc-
cafioned by the fkirmifh between Forrefter and
Carmichael, 651. Refigns his office as regent,
653. Obtains poffeftion of the king's perfon, and
the firlt place in his council, 654. Is condemned
and executed by the influence of Lennox and
Arran. 657.

Mofs Tonuer, is deftroyed by the carl of Suffex, 635.

Moubrai, Robert de, made earl of Northumber-
land, 67. Rebels againft William Rufus, 71.
Dies in confinement, 72.

Moubray, Sir Alexander, is difgufled by the incon-
iiftent treatment he received from king Edward
Baltol, 313.

Murdoch of Fife, fon and heir of the duke of Albany,
a treaty entered into for exchanging him for young
Percy, 382. Which failing he attempts to efcape,
383. Is releafed, 384. Succeeds his father as
governor of Scotland, 38S. His eftates confiscated
by James 1. 399.

Murray, earl of, is declared regent during the mino-
rity of kingjames VI. 621;. Attends to the pence
of the marches 626, Affembles troops and takes
the caftle of Dunbar from Bothwell's dependents,
627. Defeats the queen's army at Langfide, 628.
Juftifies his conduct at York before Englifh and

Scots

Scotch cornmiilioners, ibid. Confines the fugitive
earl of Northumberland in Lochleven-cafUe, 632.
Alienates his friends by improper behaviour, ibid.
Is murdered at I.ithgow, 633.

Murray, John Randolph carl of, drives Edward
Baliol out of Scotland, 314. Is taken prifoner
and fent to England, 315. Is exchanged and at-
tends David Brus to Scotland, 332. Is killed at
the battle of Neville's Crofs, 338.

Murray, Thomas Randolph earl of, is appointed
tutor to the heir apparent of Scotland, 274.. His
ineffectual negotiation at the court of Avignon
\vi;h the pope, 277. Is left guardian to David,
king of Scotland, 291. No meafures taken to
fupport the claims of Edward Baliol, until his
death, 295. Dies, 297.

Murray of Bothwell, Sir Andrew, is made guardian
of Scotland, 319. Defeats and kills the earl of
Athol, 320, Dies, 328.

Northumberland, earl of, engages in a rebellion in
Yorklhire, for the deliverance of Mary queen of
Scots, 631. Efcapes to Scotland and is im-
prifoned in the caftle of Lochleven, 632. Is de-
livered up to queen Elizabeth, 645. And executed
at York, 646.

Northumberland, Dudley duke of, ruins the pro-
tector Somerfet, 573. Surveys the marches in
quality of warden-general, ibid. Is ruined by his
attempts to raife the lady Jane Gray to the throne,

578-

Northumberland, Henry Percy earl of, recovers his
liberty, being exchanged for Murdoch of Fife,
384. Obtains the government of Berwick, 387.
Is defeated by the earl of Angus, near the moun
tains of Cheviot, 401. Is killed at the firft battle
of St. Albans, 417.

Northumberland, Henry Percy reftored to the eflatc
and honours of, 433. Is murdered by the popu-
lace, 460. See Percy.

Nottingham, truce concluded there between England
and Scotland, 448.

NAMVR, earl of, gallant behaviour of his fmall
body of forces, againft the earl of Murray and
Sir William Douglas, 317.

Neville, Robert de, commands the northern forces of
Henry III. againft thofe of the barons under the
esrl of Leicefter, 153.

Neville's Crofs, batt'e of, between king David Brus
and queen Philippa, 337.

Nciucajlle, truces negociated there between England
and Scotland, 413. 421. 431. 533. Regulations
made there for the peace and fecurity of the Englifh
marches, 574.

Norfolk, duke of, is made lieutenant general of
the country to the north of the Trent, 597.
Concludes a treaty with the Scotch reformers at
Berwick, 599. When the Englifh commifiioner at
the conferences in York, entertains hopes of
marrying Mary queen of Scots, 628. Is com-
mitted to the Tower, 630. Is condemned and
executed, 643.

Norfolk, Roger Bigot earl of, heads the malcontent
Englifh barons in their oppofition to Edward I.
202.

Norham, the caftle of, taken by David I. king of
Scotland, 81. Is taken by James IV. of Scotland,
485. Treaty concluded there between England
and Scotland, 572.

Northampton, battle of, between the earl of Warwick
and king Henry VI. 421.

Northumberland, arrival of the Saxon king Ida there,
15, Is fettled by Danes, 43. Is divided into
two earldoms, 50. Why this county is not in-
cluded in the Doomfday-book. 67.

ORANGE, William prince of, afTaffinated by
Balthazar Gerard, 662.

Ormond, Hugh earl of, defeats the earl of Nor-
thumberland near the river Sark, 407. Is reduced
by James II. to obey his orders, relative to his
brother's effects, 412.

Of/a, John de, cardinal, is commiffioned to fettle
peace throughout England and Ireland, 255.

Ofwald, king of Northumberland, extends his
dominion over the Scots and Pitts, 19. Was
canonifed for his piety, 21.

Ofivy, king of Northumberland, the principal
transitions of his reign, 21.

Otho, the pope's legate, prefides at a conference
held at York, between the kings of England and
Scotland, 133. His entry into Scotland oppofed,

134.
Otterburn, battle of, between lord Percy and earl

Douglas, 357.
Ottobon, the pope's legate, preaches a croifade, 155.
Oxford, the proviflons of, eftablifhed, 150.

PANDOLPH, the pope's legate, receives the
fubmiflion of John king of England, 121.

Panmure, battle of, 326.

Paris, Matthew, his account of king John's ex-
pedition to Scotland, 123, note.

4 Z Parma,

N D

Parma, duke of, fends money over to Scotland to
revive the fpirits of the catholics and friends of
Spain, after the defeat of the Armada, 673.

Pavia, battle of, between the emperor Charles V.
and Francis I. of France, 522.

Pea/e, the dangerous pafs fo called, defcribed, 560,
note.

Peebles, the town and county of, granted to Edward
111. by Edward Baliol, 312.

Penda, king of Mercia, his military achievements,
20. 22.

Penrith, is burned by the Scots, 384.

Pepperden, battle of, between the earl of Angus and
the earl of Northumberland, 401.

Percy, the popular account of the origin of that
name exploded, 70, note.

Percy, Henry, known by the name of Hotfpur,
dillinguifhes himfelf at the fiege of Berwick caftle,
350. Is defeated and taken prifoner by earl
Douglas, at the battle of Otterburn, 357. Aflifts
his father at the battle of Homeldon, 371. Is
killed at the battle of Shrewfbury, 373.

Pircy, lord, warden of the Englifh northern marches,
his army routed by the artifice of the Scotch
peafants, 348. Ravages the lands of the earl of
March, 349, Is when duke of Northumber-
land found guilty of high-treafon, 354. Defeats
and takes prifoner the earl of Douglas, at the
battle of Homeldon, 371. His agreement with
Henry IV. at Pontefradt caftle, 374. Engages in
another conspiracy againft the king, 376. Efcapes
to Wales, 377. Raifes an infurreftion in York-
fhire, where he is killed, 378.

Percy, Sir Henry, defeats Sir Andrew Ker and the
men of Tiviotdale, near Cheviot, 588. Makes an
inroad into the county of Mers, 589. Defeats the
Scots who attacked him on his return, 590.

Percy's Crofs, on what occafion ereited, 427,
note.

Pcrkin, Warbeck, his rebellion, 463. Is patronifed
in Scotland, 466. Marries the lady Catharine
Gordon, 467.

Perth, taken by the Scots after an obftinate fiege,
3^9. Treaty concluded there, between the earl
of Morton regent, and his adverlaries, 647.

Philip of France, quarrels with Richard I. of Eng-
land on the croifade, 106. Returns to attack
Richard's dominions in his abfence, 107.

Philip II. of Spain, is married to queen Mary of
England, 579. Perfuade.s her to declare war with
France, 584. Mary dies, 592. His invincible
Armada againll England defeated, 672. Inftigates
a rebellion in Ireland, 687. Dies, 69'7-

Philippa, daughter of the earl of Hainault, is
mairied to Edward 111. of England, 280. 286.
Defeats David Brus at Nevil.e's Crofs, 337.

Piils, their origin traced, 8, note. Caufe of the war

between them and Kenneth king of Scotland, 38.
Are deftroyed as a nation, 39.

Pilgrimage of grace, an infurrection under that name
in Yorkihire, 536.

Pinkey, battle of, between the duke of Somerfet and
the earl of Arran, 561.

Plague, a terrible one in Scotland, reported to have
deftroyed a third of the inhabitants, 340.

Plantagenet, Geoffrey, marries the emprefs Maud,
and hence tranfmits his name to the royal family
of England, 78.

Poiiliers, battle of, between the black prince Ed-
ward and John king of France, 343.

Pontefracl-caftle, truce concluded there between
England and Scotland, 374.

Prcemcnjlratenfes, fome account of that order of
monks, 87.

Preffin, William de, takes the earl of Murray prifoner,
317. Is rewarded by Edward III. for this fervice,
with a grant, 319.

Pro'vijions, great dearth of in England and Scot-
land, 249. 252.

Pudfey, Hugh de, bilhop of Durham, purchafes the
earldom of Northumberland, 105. Is confined by
Lohgchamp bifhop of Ely, 107. Refigns his earl-
dom, 109.

Purveyance, probable derivation of that word, io6 3
note.

RAM SAT, Sir Alexander, recovers the caftle of
Roxburgh, for king David Brus, 332, Is made
governor of the caftle and fherifF of Tiviotdale,
334. Is cruelly murdered by Sir William Douglas,

Randolph, Sir Thomas, is fent ambaftador to Scot-
land by queen Elizabeth to oppofe Lennox's
meafures, and is ill treated there, 656. Concludes
a treaty with James VI, 666. Is one of the com-
miflioners for the treaty at Berwick, 667.

Red Sivire, a fkirmifh there between the Englifh and
the Scots, 6 so.

Redman, Sir Matthew, mutual generofity between
him and Sir James Lindfay, 358.

Richard J. king of England, raifes money by extra-
ordinary meafures for the croifade, 104. Quarrels
with Philip of France in the ifland of Sicily, 106.
Is imprifoned in Germany on his return home, 107.
Is ranfomed, 108. Is crowned again, ibid.

Richard II. his fruitlefs expedition to Scotland, 355.
Marries Ifabella of France, 359. Is depofed, 366.
Is ftarved, 367.

Richmond, J. de Bretagne, earl of, made guardian
and lieutenant of Sco;land, by Edward II, 233.

Rimie,

I N

R/xio, D^viJ, is murdered by the contrivance of
lord Darnley, king of Scotland, 620.

Robert I. king of Scotland ; fee Brus.

Robert II. king of Scotland ; fee Stewart.

Robert III. king of Scotland, his acceflion, 358.
Refufes to be comprehended in the truce between
England and France, 367. Dies of grief on the
captivity of his fon James, 377.

Romans, the firft who gave us any authentic accounts
of this ifland, 1. Finally defert Britain, 12.

Roxburgh, its importance at the time of William the
Lion king of Scotland, 93, note. The caftle of,
furprifed and demolifhed by Robert Brus, 241.
The town, callle, and county of, granted to Ed-
ward III. by Edward Baliol, 312. Is recovered
by Sir Alexander Ramfay for David Brus, 332.
The town burned, and all the Englilh there killed,
by the earls of March and Murray, 347. Is
taken and dellroyed by James II. 422. The
callle reduced and demolifhed, ibid. The ruined
caftle of, repaired and garrifoned by the duke of
Somerfet, 562. Is committed to Sir Ralph
Bulmer, 563.
Rutb<ven, lord, relieves Jedburgh, by order of the
earl of Mar, regent, 643. Enters into a treaty
with Sir William Drury for Englilh afliftance to
reduce the caftle of Edinburgh, 648.
Rutland, earl of, is appointed warden of the eaft

marches, 568.
Rjdon, Mr. Robert, is fent plenipotentiary from
Henry VII. to James IV. to treat of a truce, 471

SALERNO, cardinal John of, the pope's legate

to Scotland and Ireland, his conduct in that office,

114, note.
Salijlury, countefs of, captivates Edward III. at the

callle of Wark, 333.
Sah-ator, a large fhip built by Kennedy bifhop of

St. Andrews, wrecked en the Englifli coaft and

plundered, 437.
Saxons, native, ibme account of, 13. Their firft

arrival in Britain, 14,
Scone, the fatal chair taken from thence by Edward

I. and removed to London, 200.
Scot of Buccleugh, is murdered at Edinburgh by his

enemies, the Kers, 578.
Scots, ancier-.t, diftinguifhed into Caledonians and

Maatte, 4. Their defcent and the derivation of

their name, 7, note,
Scotland, its ancient divifion into Scotia, and Erga-

dia, no, note. Difputed fucceffion to the crown

of, 17c. State of the claimants, 178. John

Baliol declared the rightful king, 183. Is re-

D E X.

duced by Edward I. 199,

Exploits of Sir Wiilia

Wallace, 204. Battle of Banncckburn, 24^
The manner of their foldiers living in camp'»
285. Edward III. renounces all chim of fove"
reignty over, 287. Vet refumes it in a c!andeftin e
treaty with Edward Baliol, 299. Battle of Hale-
don-hill, 307. King David Brus expelled, 310.
Battle of Neville's Crofe, 337. Edward Baliol
n.akes a formal furrender of his whole right to
the kingdom, to Edward III. 342. The crown
of, devolves to the Stewart family, 347. Truce
concluded with England by James I. 389. James
IV. married to the princefs Margaret, eldeft daugh-
ter of Henry VII. of England, 473. 478. Battle
of Flodden, 491. A peace concluded between
James V. and Henry VIII. 534. Execution of
queen Mary, 669. Acceffion of James VI. to
the crown of England, 701. Advantages refult-
ing from both nations coming under one fovereign,
706.
Segrave, John de, guardian of Scotland and gover-
nor of Berwick, is defeated and taken prifoner by
the Scots, 219.
Seton, Sir Alexander, his two fons faid to have been
perfidioufly hanged by king Edward III. 30c,
note.
Scverus, Septimius, affumes the title of emperor m
Gaul, 3. Undertakes an expedition into Britain,
4. Dies at York, 5.
Shrenvjlury, battle of, between Henry IV. and

Henry Percy called Hotfpur, 373.
Sinclair, Oliver, favourite of James V. is made
lieutenam-general of his army, 541. Is defeated
and taken prifoner by the Englilh, 542.
Si-ward, earl of Northumberland, fome aceount of,

54-
Somerfet, duke of, protector of England, leads an
army to Scotland, 559. Takes and demolifhes
the caftle of Dunglafs, 560. Defeats the earl of
Arran at Prefton Pans, 561. Reduces Home-
caftle, 562. Repairs the caftle of Roxburgh, ibid.
His conciliatory addrefs to the Scotch nation, 564.
Is ruined by the duke of Northumbetland,

573-

Spalding, Peter, governor of Berwick, betrays the

town to Robert Brus, 257.
Standard, battle of, 8 5 .
Stephen count of Boulogne, feizes the crown of

England in prejudice to the emprefs Maud, 7S.

Is invaded by David I. of Scotland, So. Peace

with Scotland, 85. Is forced to declare prince

Henry his fucceffor, 89.
Stewart, Robert, fucceeds to the crown of Scotland

on the death of his grandfather David Brus, 347.

Deludes the Englifh with a negociation, and

renews hoftilities in concert with Charles VI. ef

France, 353.

6 Stirling,

Stirling, battle of, between Sir William Wallace and
the earl ot Warrenne, 206. Siege of the caftle,
by Edward 1. 221. The garrifon fumnders,
without conditions, 222. Is befieged by Edward
Brus, 241. Surrenders, 247. Is taken by Sir
William Douglas, 331. A truce concluded there
between England and Scotland, 472. The young
prince, afterward James VI. baptifed there, 622.
He is crowned there, 626. The archbilhop of
&t. Andrews hanged there, 640. A parliament
held there, 642. Is attempted to be furprifed by
the laird of Grange, ibid. A convention called
there by James, 681.

Stokefield, battle of, 455.

Surrey, earl of, is made captain general of the
marches toward Scotland, 482. Leads an army
againll James IV. 486. Sends a defiance to him,
487. Battle of Elodden, 491. The Scots
defeated and their king killed, 494. Is created
duke of Norfolk, 49;.

Surrey, earl of, fon of the former, is made com-
mander againil the Scots, 514. Ravages Mers
and Tiviotdale, and burns Jedburgh, 515.

SuJ/ex, earl of, leads an army to the Scots borders,

634. Dellroys the Mofs Tower, burns Hawick,
and ravages the county belonging to Buccleugh,

635. Reduces the caftle of Home, 636. Makes
an inroad into Annandale and Galloway, 639.

TEWKESBURT, battle of, between Edward
IV. and queen Margaret, 434.

Theodoftus, his exploits in Britain, 9. His fon raifed
to the empire, 10.

Throgmorton, Sir Nicholas, is fent to Scotland to
negociate the deliverance of queen Mary, 625.

Tirone, monaileries of the order cf, founded by
David I. king of Scotland, 76.

Tiviotdale and rVkr.-, ravages committed there by the
Englifti, 515. 55c. 554. 556.

Ton/ure, clerical, early diipui.es in the church con-
cerning, 24, note.

Tojii, fon of earl Godwin, is made earl of Northum-
berland, 56. Is expelled the kingdom for his
enormities, 57. His death, 58.

Toivton, battle of, between Edward IV. and the
Lancastrians, 424.

Turnbull, a gigantic Scotfman, killed by Sir Robert
Benhale, 308.

Tiveedmouth, an intended fortification erecting there
by John king of England, deftroyed by William
the Lion, king of Scotland,. 115.

FESET, Euftace de, preferves his wife from being
violated bv king John, by a trick, 122, note. His
«leati, 134. 2.

Vivian, the pope's legate in Scotland, his conduct

there, 101.
Umfranville, Sir Robert, burns the town of Jed-
burgh, 380. Defeats a numerous army of Scots,

384. Ravages the borders, 386.
Vortigern, a Biitilh king, advifes the calling over

Saxons, to aflift againfl the iniurfions of the

S:ots and PicL, 13.
Upfetlington, a fupplemental treaty to that of Chateau

Carhb'cefis, concluded there between the Scots and-

Englifn commiffioners, 594.

WAKEFIELD, battle of, between queen Margaret
and Richard duke of York, 423.

Waiher, bifhop of Durham, hi> tragical hiftory, 65.

Wales, reduced to a province by Edwaid 1. 162.

Walbeve, St. fecend abbot of Mailrofs, his death
and character, 91, note. His body found uncor-
rupted and fragrant, fcrty-eight years after its
interment, 1 1 ;, note.

Wallace, Sir William, his perfon and character
defcribed, 204. Heads a party of malcontents
againft the Englifh in Scotland, 205. Defeats the
earl of Warrenne, 206. Ravages Northumber-
land, ibid. Is defeated by Edward I. at Falkirk,
211. Is betrayed to Edward, and cruelly execut-
ed at London, 223.

Waljinghatn, Sir Francis, is fent ambafiador to
Scotland by queen Elizabeth to dil'cover the char-
after of James VI. 659. Difcovers Babington's
confpiracy, 668. His letter to fecretary Maitland,
671.

Waltbiof, fon of earl Siward, obtains the earldom
of Northumberland, 64. Is beheaded, ibid.

Wark, the caftle of, befieged by David I. king of
Scotland, 80. 82. Is reduced, 85, Is demolifhed
by the Scots, 423. The caftle of, as it flood in
his time, defcribed by George Buchanan, 516.
Is befieged by the Scots, 517.

Warrenne, earl of, defeats John Baliol at Dunbar,
198. Is made governor of Scotland, 201. Is
worded by Sir William Wallace 206.

Warwick, earlof, takes king Henry VI. prifoner at
the battle of Northampton, 421. Ismadewaiden
of the northern marches, 425. Takes Alnwick
caftle, 427. Ravages the Scots borders, 42s.
Takes difguft at Edward IV. 430. Reftores
Henry, 434.

Wejl, Dr. ambafiador from Henry VIII. of Eng-
land, his negociations with James IV. of Scotland,
482.

Wejlern ijles, purchafed of Magnus king of Norway,
by Alexander III. king of Scotland, 153, note.

Weftininjier, a truce concluded tliere between Eng-
land j ml Scotland, 413%

Wejl morel and,

tVejlmoreland, why no mention is made of this
county in Doomfday-book, 67.

Wejlmortland, earl of, engages in the Yorkfhire,
rebellion for the deliverance of Mary queen of
Scots, 631. Efcapcs to Flanders, 632.

Wharton, lord, is made deputy warden of the
Englifh marches under the duke of Northumber-
land, 57^, Regulations made by, for fecuring
the peace of the marches, 575. Good propofals
made by, 576. His account of the itate of Ber-
wick, 589, note.

Wbitaker, Mr. his account of the firft peopling of
Britain and Ireland, 8, note.

Wilfrid, St. particu'ars of his life, 29. His epitaph,
3 I , note.

William the Conqueror, duke of Normandy, gains
the crown of England, 58. His expedition againfl
Malcolm king of Scotland, 63. His death, 67.

William the Lion, king of Scotland, an implacable
enemy to the F.nglilh, 9% Joins with young
Henry, againlt his father Henry 1L 95. Is taken
priloner, 97. Obtains his liberty on terms, 99.
Buys off the fubjection of Scotland to the crown of
England, 106. Afliits at the fecond coronation of
Richard I 108. Meets king John at Lincoln,
113, Concludes a folemn peace with John king
of England, nS. Dies, 122.

William Rufus, fucceeds to the crown of England,

67. Is difturbed by Malcolm ki<:g of Scotland,

68. Rebuilds the city of Carlifle, 69. His
death, 73.

Willoughby, Peregrine Bertie, lord, is appointed
warden of the midd'e march, 696. Some account
of his family, ibid, note. Dies at his government
of Berwick, 700.

Wincbefler, truces concluded there between England
and Scotland, 407, 40S.

Wolfey, cardinal, difpofes Henry VIII. to adopt the
interefts of the emperor Charles V. againft Francis
I. of France, 511. Endeavours to feduce the
duke of Albany, ci8. Is difgraced, 531.

Wood, Sir Andrew, a Scoxh naval commander, aflifls
James IV. in his diftrefs, 458. Mis exploits
againft the Englifh, 459.

Wotton, Sir Edward, is lent arnbaflador from queen
Elizabeth to James V). of Scotland, 603. Quits
Scotland abruptly, 665. Caufe affigned for his
hafty departure, ibid, note.

YORK, the archbimop of, claims the primacy
over the Scottilh church, 75. Fruitlefs attempt of
archbifliop Roger to enforce ir, 92. The Scots
regent Murray juftiries his conduct there, before
Englifti and Scotch commiflioners, 628.

York, Edward duke of, defeats the earl of Pembroke
at Mortimer's Crofs, 423. Gains the crown, 424.
See Edward I V.

York, Richard duke of, forms preteniions to the
crown of England, 414. Is made protector,.
416. Is declared rightful heir to the crown, 423.
Is defeated and killed by the queen, ibid.

ZO UC HE, lord, hisembafly from queen Elizabeth
to James VI. 683. Returns, and is complained
of by James to the queen, 685.

ERRATA.

Page 13. line 5. dele fouth.

— 6. from foot, et kq.for Oita, read 0£la.
note * for Veria r. Verca.
line 14. for whom he had very thoroughly fubdaed, r. whom

his father had very thoroughly fubdued. .

— ~.for but having born children, r. but having borne no children.

— 2 for Eules, r. Eccles.
note * 1. 3. for clafped, r. clafTed.
line 4. for or, r. for

— 11. for other caftles, n the caftles

— 10. for once again, r. once and again.

— 8. from foor, for fixty at home, r. Home, i. e. Hume.
In the fame page, 1. 6. from foot, for to refide at
home, r. to refide at Home.

^— 532. — 2. for ftoft, r. flop.

—— 534. — 20. for the pretending, r. tho' pretending.

'■ 535. note § 1. 1. for Archbifhop, r. Archibald.

■ 540. line 4. from foot, dele the.

619. — 14. for there committed, r, there had committed.

639. — 3. from foot, for all obferved, »•. ill obferved.

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