were to be found within England, Scotland and Wales, to be sought vp
and perused, that it might be knowen what right he had in this behalfe.
Wherevpon it was found by the chronicles of Marianus the Scot, William
of Malmesburie, Roger Houeden, Henrie Huntington, Rafe de Diceto, and
others, that in the yeare of our Lord 910, K. Edward surnamed Senior,
or the elder, subdued to him the kings of Scots and Welshmen, so that
in the yeare 921, the same people chose the said Edward to be their
king and patrone. And likewise in the yeare 926, Athelstan king of
England vanquished Constantine king of Scotland, and permitted him yet
to reigne vnder him. Moreouer, Edred the brother of Athelstan, and king
of England, ouercame the Scots and Northumbers, the which submitted
themselues to him and sware him fealtie. Also Edgar king of England
vanquished Kineth the son of Alpine king of Scotland, who sware fealtie
to him. Likewise Cnute king of England and Denmarke, in the 16 yeare of
his reigne ouercame Malcolme king of Scots, & so became king of foure
kingdoms, England, Scotland, Denmarke, and Norwaie.
Furthermore, that blessed king S. Edward, gaue the kingdome of Scotland
vnto Malcolme the sonne of the king of Cumberland, to hold the same of
him. Againe, William Bastard the Norman conqueror, in the sixt yeare of
his reigne vanquished Malcolme king of Scotland, and receiued of him
an oth of fealtie. Also, Will. Rufus did the like vnto Malcolme king
of Scots, and two of his sonnes that successiuelie reigned ouer that
realme. Also, Alexander succéeded his brother Edgar in the kingdome
of Scotland, by consent of K. Henrie the first. Also Dauid king of
Scotland did homage to K. Stephan, & William K. of Scots did homage to
Henrie, the son of K. Henrie the second, when in his fathers life time
he was crowned; and againe, to Henrie the father in the 20 yeare of
his reigne, as by an agréement made betwixt them two it dooth appeare.
Also, Roger Houeden saith, that William king of Scotland came to his
souereigne lord king Henrie into Normandie, and likewise to king
Richard, and moreouer to king Iohn at Lincolne, dooing to them his
homage. Also, in the chronicles of S. Albons it is found that Alexander
king of Scotland married at Yorke Margaret the daughter of king Henrie
the third, in the 35 yeare of his reigne, and did to him homage.
[Sidenote: K. Edward recognised for superior lord of Scotland.]
And further, when king Edward himselfe was crowned at Westminster, in
the yeare of our Lord 1274, being the second of his reigne, the last
deceassed K. of Scotland, Alexander the third of that name did homage
vnto him at Westminster the morrow after the coronation. All which
homages and fealties thus done by sundrie kings of Scotland, vnto
sundrie kings of England, were directlie and most manifestlie prooued
to be doone for the realme of Scotland, and not onelie for the lands
which they held of the kings of England within England, as the Scotish
writers would séeme to colour the matter. But things being then fresh
in memorie, no such cauillation might be auerred. And so herevpon king
Edwards title being substantiallie prooued, he was recognised superiour
lord of Scotland, of all them that pretended title at that time to that
kingdome, by writings thereof made and confirmed vnder their seales,
the which being written in French conteined matter as here followeth.
The copie of the Charter in French.
A tous ceulx, qui ceste presente lettre verrunt ou orrunt, Florence
counte de Holland, Robert de Brus seigneur du Val Danand, Iehan Baliol
seigneur de Galloway, Iehan de Hastings seigneur de Abergeuenne, Iehan
Comin seigneur de Badenaugh, Patrique de Dunbar counte de la Marche,
Iehan de Vescy pur son pere, Nichol de Seules, & Guilaum de Ros, saluz
en dieu. Come nous entendons d'auger droyt en reaume d'Escoce, & celle
droyt monstrer, chal[=e]ger, & auerer deuant celuy, que plus de poer,
iurisdiction, & réeson, eust de trier nostre droyt, & l'noble prince
sire Edward, par la grace de Dieu, roy d'Angleterre, nous a enforme per
bonnes & suffisaunt réesons, que aluy apent, & auer doit la souerein
seigneurie, du dict reaume d'Escoce, & la cognisaunce de oir, trier
& terminer nostre droyt. Nous de nostre propre volunté, sanz nulle
maniere de force ou destresse, voluns, otrions, & grantons de receiuré
droyt deuaunt luy, come souerein seigneur de la terre. Et voluns ia
lemeins, & promettons, que nous auerons, & tendrons, ferme, & estable
son fait, & que celuy emportera le reaume, a qui droyt le durra deuant
luy. En testimoigne de ceste chose, nous auons mis nous seaules a ceste
escript. Fait & donné a Norham, le mardi prochein apres la Ascension,
l'an de Grace, 1291.
In English thus.
To all them that these present letters shall sée or heare, Florence
earle of Holland, Robert le Bruce lord of Annandale, Iohn Comin lord
of Badenaw, Patrike de Dunbar earle of March, Iohn de Baliol lord of
Gallowaie, Iohn Hastings lord of Abergeuennie, Iohn de Vesey in stead
of his father, Nicholas de Sules, & Walter Ros, send gréeting in our
Lord. Whereas we intend to haue right in the kingdome of Scotland, and
intend to declare, chalenge and proue the same before him that hath the
best authoritie, iurisdiction and reason to examine our right, and that
the noble prince the lord Edward, by the grace of God, king of England,
by good and sufficient reasons hath informed vs, that the superior
dominion of Scotland belongeth to him, and that he ought to haue the
knowledge in the hearing, examining, and defining of our right, we of
our frée willes, without all violence and constraint, will, consent
and grant, to receiue our right before him, as the superior lord of
the land. We will also & promise, that we shal haue and hold his déed
for firme and stable, and that he shall haue the kingdome, vnto whome
before him best right shall assigne the same. In witnesse whereof we
haue to these letters put our seales. Giuen at Norham, the tuesdaie
next after the feast of the Ascension of our Lord, in the yeare of
Grace, 1291.
* * * * *
The recognising therefore made of the superioritie and submission of
grant to receiue that, which before the king of England should by law
be defined, the said king required to haue the castels, and the whole
land deliuered vnto his possession, that by peaceable seizine thereof
had, his right of superioritie now recognised by their letters and
writings, might be the more manifest and apparent to the whole world.
They streightwaies agréed to the kings request, and writings thereof
were made and confirmed with their seales, being written in French, as
followeth.
The copie of the second charter touching the possession of the land, in
French.
A tous iceulx, que ceste presente lettre verrunt ou orront, Florence
counte de Holland, Robert de Brus seigneur du Val Danand, Iehan de
Baliol seigneur de Galloway, Iehan de Hastings seigneur de Abergeuenny,
Iehan Comin seigneur de Badenaw, Patrique Dunbar counte de la Marche,
Iehan de Vescy, pour son pere, Nichol de Seules, & Guilaume de Ros,
saluz en dieu. Come nous aions otrie, & graunte, de nostre bonne
volunté, & commune assent sans nulle destresse, a noble prince sire
Edward, par la grace de Dieu, roy de Angleterre quil come souerein
seig. de la terre de Escoce puisse oir trier, & terminer nos chalenges,
& nos demandes, que nos entendons monstrer, & auerrer pur nostre droyt
en la reaume de Escoces & droyt receiuer deuant luy, come souerein
seigneur de la terre, promettons ia lemains que son fait auerons &
tendrons ferme & estable, & qu'il emportera le reaume, a qui droyt le
durra deuant luy.
Mes pour ce que lauandict roy de Ang. ne puist nulle manier conusance
faire ne a complier sauns iugement, ne iugement doit estre sauns
execution, ne execution ne peult il faire duement, sauns la possession,
& seysine de mesme la terre, & de chasteaux. Nous volons, otrions, &
grantons, qu'il come souereine seigneur, a parfaire les choses auant
dictes, ait la seysine de toute la mesme terre, & de chasteaux de
Escoce, tant que droyt soit feit & perfourme, as demandans en tiel
maniere, que auant ceo qu' il eit le seysine auant dict face bone
seurte, & suffisante as demandants & as gardiens, & a la commune
du reaume d' Escoce, a faire la reuersion de mesme le reaume, & de
chasteaux, oue toute la royauté, dignité, seignourie, franchises,
coustomes, droitures, leys, vsages, & possessions, & touz manieres des
apurtenances, en mesme le estate, quils estoient quant la seysine luy
fust bailleé, & liuereé a celuy que le droyt emportera par iugem[=e]t
de sa royauté, sauue au roy d' Anglterre le homage de celuy, qui serra
rey. Yssint quela reuersion soit feit dedans les deux moys apres le
iour que le droyt sera trieé & affirme. Et que les yssues de mesme
la terre en le moyne temps resceus, soient sauuement mis en depos &
bien gardées par la main le chamberleyn d' Escoce que ore est, & de
celuy qui serra assigne a luy de par le rey d' Angleterre, & de sous
leur seaus sauue renable sustinance de la terre, & des chasteaux &
des ministres du royaume. En testimoigne de cestes choses auandicts,
nous auons mis nos seaules a ceste escript. Fait & donné a Norham le
mecredie prochein apres l'Ascension, l'an de Grace, 1291.
The same in English.
To all them that these present writings shall sée or heare, Florence
earle of Holland, Robert le Bruce lord of Annandale, Iohn de Balioll
lord of Galloway, Iohn Hastings lord of Abergeuenny, Iohn Comin lord
of Badenaw, Patrike de Dunbarre the earle of March, Iohn de Vescy in
stead of his father, Nicholas de Sules, William de Ros, send gréeting
in our lord. Bicause that of our good will and common assent, without
all constraint, we doo consent and grant vnto the noble prince the lord
Edward, by the grace of God king of England, that he as superiour lord
of Scotland, may heare, examine, define and determine our claimes,
chalenges, and petitions, which we intend to shew and prooue for
our right, to be receiued before him as superiour lord of the land,
promising moreouer, that we shall take his déed for firme and stable,
and that he shall inioy the kingdome of Scotland, whose right shall by
declaration best appeare before him.
Whereas then the said king of England cannot in this manner take
knowledge, nor fulfill our meanings without iudgement, nor iudgement
ought to be without execution, nor execution may in due forme be
doone without possession and seizine of the said land and castels of
the same; we will, consent, and grant, that he as superiour lord to
performe the premisses may haue the seizine of all the land and castels
of the same, till they that pretend title to the crowne be satisfied
in their suit, so that before he be put in possession and seizine, he
find sufficient suertie to vs that pretend title, and to the wardens,
and to all the communaltie of the kingdome of Scotland, that he shall
restore the same kingdome with all the roialtie, dignitie, seigniorie,
liberties, customes, rights, lawes, vsages, possessions, and all and
whatsoeuer the appurtenances, in the same state wherein they were
before the seizine to him deliuered, vnto him to whome by right it is
due, according to the iudgement of his regalitie, sauing to him the
homage of that person that shall be king: and this restitution to be
made within two moneths after the daie in the which the right shall be
discussed and established, the issues of the same land in the meane
time shall be receiued, laid vp, and put in safe kéeping, in the hands
of the chamberlaine of Scotland which now is, and of him, whome the
king of England shall to him assigne, and this vnder their seales,
reseruing and allowing the reasonable charges for the sustentation of
the land, the castels and officers of the kingdome. In witnesse of all
the which premisses, we haue vnto these letters set our seales. Giuen
at Norham the wednesday next after the feast of the Ascension of our
Lord, in the yeare of Grace, 1291.
* * * * *
[Sidenote: _Rich. Routh._]
These two letters the king of England sent vnder his priuie seale
vnto diuerse monasteries within his realme, in the 19 yéere of his
reigne, that in perpetuall memorie of the thing thus passed, it might
be registred in their chronicles. Thus by the common assent of the
chéefest of the lords in Scotland, king Edward receiued the land into
his custodie, till by due and lawfull triall had, it might appéere who
was rightfull heire to the crowne there. The homage or fealtie of the
nobles of Scotland was expressed in words as followeth.
The forme and tenor of the homage doone by the Scots.
Bicause all we are come vnto the allegiance of the noble prince Edward
king of England, we promise for vs and our heires, vpon all the danger
that we may incurre, that we shall be faithfull, & loiallie hold of
him against all maner of mortall men, and that we shall not vnderstand
of any damage that may come to the king, nor to his heires, but we
shall staie and impeach the same to our powers. And to this we bind our
selues & our heires, and are sworne vpon the euangelists to performe
the same. Besides this, we haue doone fealtie vnto our souereigne lord
the said king in these words ech one by himselfe; I shall be true and
faithfull, and faith and loialtie I shall beare to the king of England
Edward and his heires, of life, member, and worldlie honour against all
mortall creatures.
* * * * *
[Sidenote: Master Stephansons booke of Records. Wardens of the realme
of Scotland appointed by K. Edward.]
[Sidenote: The bishop of Catnesse elected Chancellor of Scotland.]
[Sidenote: He receiveth his seale.]
[Sidenote: He is sworne.]
The king hauing receiued as well the possessions of the realme,
castels, manours, as other places belonging to the crowne of Scotland,
he committed the gouernement and custodie of the realme vnto the
bishops of S. Andrews and Glasco, to the lords Iohn Comin, and Iames
Steward, who had put him in possession, so that vnder him they held
the same, in maner as they had doone before. But in diuerse castels he
placed such capteines as he thought most méetest to kéepe them to his
vse, till he had ended the controuersie, & placed him in the kingdome,
to whom of right it belonged. He also willed the lords of Scotland to
elect a sufficient personage to be chancellour of the realme, which
they did, naming Alane bishop of Catnesse, whom the king admitted,
ioining with him one of his chapleins, named Walter Armundesham, so
that on the 12 of Iune, vpon the gréene ouer against the castel of
Norham, néere to the riuer of Twéed, in the parish of Vpsetelington,
before Iohn Baliol, Robert Bruce, the bishops of S. Andrews and
Glasco, the lords Comin and Steward, wardens of Scotland; the bishop
of Catnesse receiued his seale, appointed him by the king of England
as supreme lord of Scotland, and there both the said bishop & Walter
Armundesham were sworne trulie to gouerne themselues in the office.
[Sidenote: The ward[=e]s sworne.]
[Sidenote: The Scotish nobilitie dooth fealtie to king Edward.]
The morrow after were the wardens sworne and with them as associated
Brian Fitz Alane, and there all the earles and lords of Scotland that
were present sware fealtie vnto king Edward, as to their supreme
souereigne lord, and withall there was peace proclaimed, and publike
edicts set foorth in the name of the same king, intituled supreme
lord of the realme of Scotland. The residue of the Scotish nobilitie,
earles, barons, knights, and others, with the bishops and abbats, vpon
his comming into Scotland, sware fealtie either to himselfe in person,
or to such as he appointed his deputies to receiue the same, in sundrie
towns and places, according to order giuen in that behalfe. Such as
refused to doo their fealties, were attached by their bodies till they
should doo their fealties as they were bound. Those that came not, but
excused themselues vpon some reasonable cause, were heard, and had day
giuen vntill the next parlement: but such as neither came, nor made any
reasonable excuse, were appointed to be distreined to come.
The bishop of S. Andrews, and Iohn lord Comin of Badenoth, with Brian
Fitz Alane, were assigned to receiue such fealties at S. Iohns towne.
The bishop of Glasco, Iames lord steward of Scotland, and Nicholas
Seagraue were appointed to receiue them at Newcastell of Are. The earle
of Southerland, and the shiriffe of that countrie, with his bailiffes,
and the chatellaine of Inuernesse were ordeined to receiue those
fealties in that countie: the chatellaine first to receiue it of the
said earle, and then he with his said associats to receiue the same of
others. The lord William de Saintclare, and William de Bomille, were
appointed to receiue fealtie of the bishop of Whitterne, and then the
said bishop with them to receiue the fealties of all the inhabitants of
Gallowaie. Amongst other that did their homage to the king himselfe,
was Marie quéene of Man, and countesse of Stratherne, vpon the 24 daie
of Iulie, the king being thus in S. Iohns towne, otherwise called
Perth. To conclude, he was put in full possession of the realme of
Scotland & receiued their homages and fealties (as before ye haue
heard) as the direct and supreme lord of that land.
[Sidenote: The king's mother deceassed.]
[Sidenote: An. Reg. 20.]
[Sidenote: 1292.]
[Sidenote: _Nic. Triuet._]
This doone, and euerie thing ordered as séemed most expedient, king
Edward returned into the south parts of his realme, to be at his
mother's buriall, that in this meane time was departed this life. Hir
hart was buried in the church of the Graifriers at London, & hir bodie
at Ambresburie in the house of the nunnes. ¶ After the funerals were
ended, king Edward returned into the north parts againe: he staied a
while at Yorke, and during his abode there, Rées ap Meridoc (of whom
ye haue heard before) was by order of law condemned & executed. ¶ This
yeare after Easter, as the fléet laie before S. Matthewes in Britaine,
there rose certeine discord betwixt the Norman mariners, and them of
Baion, and so farre the quarel increased, that they fell to trie it by
force, the Englishmen assisting them of Baion, and the French kings
subiects taking part with the Normans, and now they fraught not their
ships so much with merchandize as with armour & weapon. At length the
matter burst out from sparkes into open flame, the sequele whereof
hereafter shall appeare, as we find it reported by writers.
[Sidenote: Iohn Balioll obteineth the kingdome of Scotland.]
[Sidenote: _Nic. Triuet._]
But now touching the Scotish affaires. At length the king comming
into Scotland, gaue summons to all those that claimed the crowne, to
appeare before him at the feast of the natiuitie of S. Iohn Baptist
next insuing, that they might declare more at large by what right they
claimed the kingdome. Hervpon, when the daie of their appearance was
come, and that king Edward was readie to heare the matter, he chose
out the number of 40 persons, the one halfe Englishmen, and the other
Scotishmen, which should discusse with aduised deliberation and great
diligence the allegations of the competitors, deferring the finall
sentence vnto the feast of S. Michaell next insuing, the which feast
being come, after due examination, full triall, and assured knowledge
had of the right, the kingdome by all their assents was adiudged vnto
Iohn Balioll, who descended of the eldest daughter of Dauid king of
Scotland. Robert le Bruce, betwixt whom and the same Balioll at length
(the other being excluded) the question and triall onlie rested, was
descended of the second daughter of king Dauid, though otherwise by one
degrée he was néerer to him in bloud. Thus writeth Nicholas Triuet.
[Sidenote: _Polydor._]
But others affirme, that after long disputation in the matter, by
order of king Edward, there were appointed 80 ancient and graue
personages, amongst the which were 30 Englishmen, vnto whom (being
sworne and admonished to haue God before their eies) authoritie was
giuen to name him that should be king. These 80 persons, after they
had well considered vnto whome the right apperteined, declared with
one voice, that Iohn Balioll was rightful king. King Edward allowed
their sentence, and by his authoritie confirmed vnto the same Iohn, the
possession of the kingdome of Scotland, with condition that if he did
not gouerne that realme with iustice, then vpon complaint, the king of
England might put vnto his hand of reformation, as he was bound to doo
by his right of superioritie, that in him was inuested. Herevpon king
Edward awarded foorth his writ of deliuerie of seizine at the suit of
the said I. Balioll, to William and Robert, bishops of S. Andrewes and
Glasco, to Iohn lord Comin, Iames lord Steward of Scotland, and to the
lord Brian Fitz Alane, wardens of Scotland, commanding them to deliuer
vnto the said Iohn Balioll the seizine and possession of that realme,
sauing the reléefes and debts due to him of the issues and profits of
the same realme, vnto the day of the date of the writ, which was the
ninetéenth day of Nouember, in the twentie yere of his reigne. Also
there was another writ made, and directed to such as had the kéeping of
the castels in their hands, in forme as followeth.
The copie of the writ for the deliuerie of the castels.
Edwardvs Dei gratia rex Angliæ, dominus Hiberniæ, dux Aquitaniæ, &
superior dominus regni Scotiæ, dilecto & fideli suo Petro Burdet,
constabulario castri de Berwike salutem. Cùm Iohannes de Baliolo
nuper in parlamento nostro apud Berwicum super Tuedam, venisset coram
nobis, & petiuisset prædictum regnum Scotiæ sibi per nos adiudicari,
& seisinam ipsius regni vt propinquiori hæredi Margaretæ filiæ regis
Norwegiæ dominæ Scotiæ iure successionis liberari, ac nos auditis
& intellectis petitionibus & rationibus diligentur examinatis,
inuenerimus præfatum Iohannem de Baliolo esse propinquiorem hæredem,
prædictæ Margaretæ, quo ad prædictum regnum Scotiæ obtinendum: propter
quod idem regnum Scotiæ, & seisinam eiusdem, saluò iure nostro,
& heredum nostrorum, cum voluerimus inde loqui, prædicto Iohanni
reddidimus: tibi mandamus quòd seisinam prædicti castri de Beruico
cum omnibus pertinentijs suis, vnà cum alijs omnibus rebus tibi per
chirographum traditis, secundum quod in prædicti castri tibi commissa
custodia res huiusmodi recepisti, sine dilatione præfato Iohanni de
Baliolo, vel attornatis suis has litteras deferentibus, deliberari
facias. Teste meipso apud Beruicum super Tuedam 19 die Nouembris, Anno
regni nostri 20.
In English thus.
Edward by the grace of God, king of England, lord of Ireland, duke
of Aquitaine, and superiour lord of the realme of Scotland, to his
welbeloued and faithfull seruant Peter Burdet conestable of the castell
of Berwike, sendeth gréeting. Where Iohn de Balioll late in parlement
holden at Berwike vpon Twéed, came before vs, and demanded the said
realme of Scotland to be adiudged to him by vs, and seizine of the same
realme to be to him deliuered as next heire to Margaret daughter to the
king of Norwaie, ladie of Scotland by right of succession. We hauing
heard and vnderstood the same petitions; and reasons being diligentlie
weighed and examined, we find the said Iohn Balioll to be next heire
vnto the said Margaret, as to obteine the said kingdome of Scotland,
whervpon we haue deliuered to him the said kingdome of Scotland, and
the seizine thereof, sauing the right of vs and our heires, when it
shall please vs to speake thereof. We therefore command you, that you
deliuer vp vnto the said Iohn Balioll, or to his attornies, that shall
bring with them these our present letters, the seizine of the said
castell of Berwike, with all the appurtenances, togither with all other
things to you by indenture deliuered accordinglie as you did receiue
the same, with the custodie of the said castle to you committed: and
this without delaie. Witnesse our selfe at Berwike vpon Twéed the
ninetéenth day of Nouember, in the twentith yeare of our reigne.
* * * * *
[Sidenote: The seals broken.]
In the same forme of words were writs awarded forth, to all and euerie
other the kéepers of castels and manors belonging to the crowne of
Scotland, and being at that time in K. Edwards hands, the names of
places and the persons that had them in custodie onelie changed. On the
same day also in the castell of Berwike was the seale broken, which had
béene appointed to the gouernors, during the time that the realme was
vacant of a king. It was broken into foure parts, and put into a pursse
to be reserued in the treasurie of the king of England, in further and
more full token of his superioritie and direct supreme dominion ouer
the realme of Scotland.